UNIT I

CHAPTER 1
PHILOSOPHICAL AND POLITICAL FOUNDATIONS OF INDIA

The Indian political tradition has its beginning in the oldest Hindu literature-
the vedic Samhitas- and undergone centuries of exposition, interpretation and
revision in the literary epics, legal codes and political texts before the Christian
Era. This same tradition continues with vigor until the Muslim conquests,, it
survives these, and even the tide of European culture, re- manifest in the
thought of Gandhi, Tagore and others in our own time.

There is general agreement among most classic Hindu theorists thyat

the ultimate goal of human endeavour is Moksa or liberation – that is the
freeing of the individual from the bondage of earthly existence. But there are
three lesser goals of human activity known as the dharma, artha and kama-
duty , wealth and pleasure. These worldly objectives, if properly pursued,
,lead one eventually to the state of existence where he may be able to seek
moksa.

Dharma

Ancient Indian political thought is an integral part of Indian philosophy. If

we talk mainly about the Vedic period, all the rules and laws related to
religion and society were contained in the ‘Dharmashastra’. Dharma means
one’s duty i.e., to adopt the path of virtue and truth. It is a moral and
natural law. It is a complete social system. In Vedic India, it is believed that
one should lead one’s life according to Dharma, that is, follow the right path
and perform one’s duties. In the Vedic period, the villages were self-
supporting and everything they needed was present within the villages.

This is a Sanskrit term, which means law and can be understood in various
ways. Broadly speaking, the term has two connotations. Firstly, it means
religious convictions and secondly, a set of duties or a code of conduct. It is
stated that one who adopts Dharma would derive money, happiness and
success. It also refers to a code of moral principles relating to the daily lives
and following these rules ensures peace, prosperity and happiness.

Dharma is one of the values of an individual. As per the ancient Indian

thought, it is dharma that sustains the universe and both the king as well
as the people must adhere to it. Only the sages had the power to interpret
this dharma or the Sacred Law.

Danda

The term Danda is derived from the words Dam and Dand, which refer to
tame, subdue, to conquer or to restrain and the like. This term also means a
stick. Danda, in fact, is one of the elements of a state. The main reason for
institution of Danda is to bring about discipline in the lives of human beings
who by nature are evil and corrupt. According to Manu, it is only the king
who can protect the entire mankind and for this protection, the king uses
Danda as a means or as an instrument.

In the ancient Indian political system, it was the responsibility of the king to
maintain Dharma by means of Danda. It was widely believed that it is only
through fear of punishment that the mankind can be made more
disciplined. It is this punishment that keeps a check on their actions
consciously or subconsciously.

However, this punishment should be inflicted only when necessary after

much consideration. Otherwise, the concept of Danda is lost. Further,
ancient Indian thinkers were of the opinion that Danda should not be used
as per the whims and fancies of the rulers, but only when there is presence
of any anti-social elements in the society.

They further stated that Danda is a code given to the humanity by God to
follow a righteous life. This code should bind Danda against his subjects for
their wrongdoings. Even the people can collectively take an action against
the king if he commits any wrong.

Dandaneethi:
This ancient Indian concept deals with the totality of social, political and
economic relationships and indicates how they have to be properly organized
and integrated with one another. It indicates the rules that one needs to
adhere to while punishing others.

Ancient political thinkers suggested that for the sanctity of the concept,
Danda should be used carefully. Excessive use would distress the people
and light usage of the same will lose its importance. Through Dandaneethi,
it becomes easier to bring about proper progress and balanced system of
social and economic needs.

Buddhist philosophy

Buddhism, religion and philosophy was developed from the teachings of

Buddha (Sanskrit: awakened one). Buddha was lived in the northern India
between the mid- 6th and 4th centuries BCE(before the Common Era).
Buddhism has played a central role in the spiritual, cultural and social life
and spreaded from India to central and Southeast Asia, China, Korea and
Japan.

Contribution and Impact of Buddhism to Indian Culture

Buddhism has made a remarkable contribution to the political, social,

religious and a cultural life of India. In social life Buddhism contributed
egalitarianism. It raised voice against caste discrimination and social
oppression. It helped in upliftment of women by making religion and
education accessible to them. The doctrine of ‘Ahimsa’ (non-violence)
encouraged virtues like kindness and considerations among the people. it
popularized idol worship. It was Mahayana followers who worshipped
images of Buddha. The Hindus took over from them the idol worship. In
cultural field, Buddhism enriched the architectural heritage of India through
Stupas of Sanchi, Gaya, Amravati etc. Buddhist scholars made a significant
contribution to the promotion of new literature in the language of the
common people. Several genres like drama and poetry were enriched.

The Buddhist contribution in the field of education is immense. They

universalized it and opened schools for even Shudras as well as women. In
addition to this, the Buddhist missionaries who went outside India carried
with them Indian language, literature and culture.

Buddhism exercised great influence in shaping the various aspects of Indian

society. Its impact in socio-cultural, religious and political spheres cannot
be overlooked. Buddhism developed a popular religion, without any
complication, elaborate and unintelligible rituals requiring necessarily a
priestly class. This was one of the reasons for its mass appeal. The ethical
code of Buddhism is also relatively simple based on charity, purity, self-
sacrifice, truthfulness and control over passions. It laid great stress on love,
equality and non-violence. It is an acknowledged fact that the Upanishads,
too, had illustrated these virtues before the advent of Buddhism but credit
goes to Buddhism for raising public morality to those heights never
witnessed before. It became an article of faith for the followers of Buddhism.
But more importantly Buddhism laid stress on the value that man is the
architect of his own destiny, not any God or gods. There is a great element of
individuality in Buddhism and it sans any elaborate idea of God.

In the field of education Buddhism tried to make education practical, action

oriented and geared towards social welfare. Most of the ancient India’s
varsities for instance, Taxila, Vikrampur, Nalanda, Vikramshila and others
are product of Buddhism. A free search for the acquisition of knowledge in
Buddhism produced such eminent scholars as Dignang, Charak, Nagarjun,
Vasumitra and similar ones of highest order. The flag of independent India
carries the picture of Ashoka’s wheel and the national emblem has been
adopted from Buddhism. Buddhism also familiarized the Indian vernaculars
and thus promoted respect for different languages and dialects.
Indisputably, Buddhism has exercised a profound humanizing and
philanthropic influence on Indian society. Buddhism preached universal
brotherhood. Asoka took deep interest to promote universal brotherhood
through the propagation of Buddhism

SUBALTERN (Ranjit Guha)

Antonio Gramsci coined the term subaltern to identify the cultural

hegemony that excludes and displaces specific people and social groups
from the socio-economic institutions of society, in order to deny their agency
and voices in colonial politics.

A subaltern is a social group that exists socially, politically,

and geographically outside of the colony's or colonial homeland's hegemonic
power structure.
The subaltern identity is theoretically inspired from the work of the Italian
Marxist philosopher Antonio Gramsci on cultural hegemony.

The subaltern world was not adequately understood

until Ranajit Guha and his colleagues established the subaltern approach in
a large way. Ranajit Guha is credited with coining the term "subaltern
historiography," which is an essential way to studying tribal/peasant
movements in India and worldwide. This method tries to investigate the
politics of the "people" as opposed to the politics of the "elite" in Indian
history. As a result, it constructs the 'people' and the 'elite' as binary
constructions (Dhanagare, 1988).

Mappila Muslim riot in 1921

 Muslims had arrived in Kerala in the 7th century AD as traders via the
Arabian Sea even before north India was invaded by Muslim armies
from the west.

 They were given permission to carry on trade and settle by the native
rulers. Many of them married local women and their descendants came
to be called Moplahs (which means son-in-law in Malayalam).
 Before Tipu Sultan’s attack on Malabar, in the traditional land system
in Malabar, the Jenmi or the landlord held the land which was let out
to others for farming. There were mainly three hierarchical levels of
ownership including the cultivator, and each of them took a share of
the produce.

 The Moplahs were mostly cultivators of the land under this system and
the Jenmis were upper-caste Hindus.

 During Hyder Ali’s invasion of Malabar in the 18th century, many

Hindu landlords fled Malabar to neighbouring areas to avoid
persecution and forced conversions.

 During this time, the Moplah tenants were accorded ownership rights
to the lands.

 After the death of Tipu Sultan in 1799 in the Fourth Anglo-Mysore War,
Malabar came under British authority as part of the Madras Presidency.

 The British set out to restore ownership rights to the Jenmis who had
earlier fled the region.

 Jenmis were now given absolute ownership rights of the land which was
not the case previously.

 The peasants were now facing high rents and a lack of security of
tenure.

 This caused a series of riots by the Moplahs starting from 1836.

Between 1836 and 1896, they killed many government officers and
Hindu landlords.

 The Khilafat Movement had started in 1919 in India in support of the

restoration of the caliphate in Turkey. The Indian National Congress
(INC) was aligned with it.

 The Khilafat meetings in Malabar incited communal feelings among the

Moplahs and it became a movement directed against the British as well
as the Hindu landlords of Malabar.
  There was large-scale violence that saw systematic persecution of
Hindus and British officials. Many homes and temples were destroyed.

 The prominent leaders of the rebellion were Ali Musaliyar and

Variyankunnath Kunjahammed Haji.

 From August 1921 till about the end of the year, the rebels had under
their control large parts of Malabar.

 By the end of the year, the rebellion was crushed by the British who
had raised a special battalion, the Malabar Special Force for the riot.

 In November 1921, 67 Moplah prisoners were killed when they were

being transported in a closed freight wagon from Tirur to the Central
Prison in Podanur. They died of suffocation. This event is called the
Wagon Tragedy.

Consequences of Moplah Rebellion

 The Moplah uprising is a widely debated one with some people arguing
that it was a nationalist uprising against the British while others say
that it was a communally charged series of riots.

 Sir C Shankaran Nair, a former President of the INC, criticised Gandhi’s

support of the Khilafat Movement as one of the causes of the violence
seen during the uprising.

Impact of Peasant Movements

The impact of peasant movements in India are discussed briefly below:

 Though these revolts were not aimed at uprooting the British rule
from India, they created awareness among the Indians.

 The peasants developed a strong awareness of their legal rights and

asserted them in and outside the courts.

 Peasants emerged as the main force in agrarian movements, fighting

directly for their own demands.

 Various Kisan Sabhas were formed to organise and agitate for

peasant’s demands during Non-Cooperation Movement.
  These movements eroded the power of the landed class, thus adding
to the transformation of the agrarian structure.

 Peasants felt a need to organise and fight against exploitation and

oppression.

 These rebellious movements prepared the ground for various other

uprisings across the country.

Impact of Colonial Rule on Indian society

The establishment of British rule in the late 18th century prompted British
officials, missionaries and scholars to acquire knowledge of the classical
languages of India, of the structure of Indian society and of values and
manners of her people.
The British rule introduced the railways, the press, and the western system
of education, clubs and associations all of which shook the prevalent socio-
economic order. But the processes of exploitation unleashed by them
destroyed the possibilities of development of industries and a modern
economic system in India. The British rule rather systematically destroyed the
native industries of India for the benefit of the industries in Britain and their
market in India. Even though it sought to tie down the people it ruled to
colonial backwardness, it released new historical forces within the Indian fold
by throwing the traditional economic system and socio-cultural order out of
gear. It gave birth to the desire of material advancement and better amenities
and living conditions of individuals. Also it gave birth to a spirit of inquiry in
the minds of Indian intellectuals who came in contact with western education.
Both the social reformists and the conservatives took a fresh and critical look
at their own society and culture as a reaction to western interpretation of the
same.

Colonialism was certainly a far more traumatising experience for colonial

subjects than their colonisers. They suffered poverty, malnutrition, disease,
cultural upheaval, economic exploitation, political disadvantage, and
systematic programmes aimed at creating a sense of social and racial
inferiority.
Economic Impact:

1. India became an economic colony of industrial England.

2. Indian handloom weaving industry was hit by the industrialization in
England and eventually collapsed.
 Indian handicrafts lost both domestic and foreign market.

3. Land revenue experiments mentioned below caused hardship to

cultivators:
 Lord Cornwallis’s Permanent Settlement System

 Ryotwari & Mahalwari Systems

4. Commercialization of agriculture hard hit the labourers where

numbers of landless labourers increased.
 This led to the birth of new money-lending class where peasants
were exploited as they had to borrow money from the money-
lenders

Social and Cultural Impact:

1. Amid social issues like Sati, Child Marriages, Infanticides; ideas like
Liberty, Equality, Freedom, and Human Rights were brought by the
British.
2. To improve the condition of women in society, various legal measures
were introduced.
3. British showed keenness in introducing the English language in
Indian society.
 The vernacular languages were ignored

4. The British Parliament issued the Charter Act of 1813 by which a sum
of Rupees One lakh was sanctioned for promoting western sciences in
India.

 New Job Opportunities: The British introduce new job opportunities

that were especially beneficial to the members of the lower caste. With
these opportunities, there was a better chance of upward social
mobility for them
  Rise of the modern middle class in India: British rule led to the rise of
an influential middle-class who would become pioneers of Indian
industrialization in the post-independent era.

 Development of Infrastructure: The British authorities built many

important infrastructures such as hospital schools and the most
important of all, railways. Of course, this was done not to enhance the
lives of the local Indians but rather to facilitate their exploitation.
Regardless these infrastructures laid the foundation of India becoming
a major economic powerhouse

 Introduction of new technology and ideas: The introduction of new

technology like steamships, telegraphs and trains completely changed
the economic landscape of the Indian subcontinent. Culturally, the
British put an end to social evils such as Sati (with the passing of the
Bengal Sati Regulation Act on December 4, 1829) and weakened the
caste system to an extent.

 Protection from external enemies: India was known as the “jewel in

the crown of the British Empire”. Thus the British provided protection
against like Persia and Afghanistan. Even other western nations like
France were deterred from being too involved with India. Though a
boon, it turned out to be a bane in the long run as it made India too
heavily dependent on the British.

Impact of British Rule – Negative Aspects

 Destruction of Indian Industry: When Britain took over, they forced

the governments to import goods from the British Isles rather than
create their own products. This led to the local cloth, metal and
carpentry industries to fall into disarray. It made India a virtual
hostage of Britains economic machinations which meant breaking
away from it would destroy India’s economy.
  British mismanagement led to famines: The British rule placed more
emphasis on the cultivation of cash crops rather than growing crops
that would feed India’s huge population. They imported food from
other parts of the empire to feed its citizens. This policy, combined
with the unequal distribution of food, led to 24 famines killing millions
between 1850 and 1899 alone. The first and if not the worst of this lot
was the Bengal Famine of 1770.

 The Divide and Rule Policy: The British realised that they could never
rule a vast territory like India without breaking up strong kingdoms
into small easily conquerable segments. The British Empire also made
it a policy to pay religious leaders to speak out against each other,
slowly poisoning relations between different faiths. The hostile
relationship between India and Pakistan can be attributed as a direct
result of this policy.

 Britain plundered the Indian Economy: Due in no small part to the

unethical business practices of the East India Company it can be
estimated that trillions were siphoned off by Britain. Such practices
even destroyed the Indian industries and ensured that money flowing
through the Indian economy ended up in the hands of London.

Conclusion

On the surface, it may seem that the British rule in India that transformed
its society for the better. But upon closer examination, these benefits were
purely coincidental, if not self-serving. Economic improvements were only
enacted in order to better plunder the Indian economy. Even societal
changes would have come out on their own without the need for British
intervention. In the end, the negative effects of British Imperialism far
outweigh the benefits.
Nationalist perspective- Swamy Vivekananda and Sri Aurabindo

Swami Vivekananda’s nationalism is associated with spiritualism. He linked

India’s regeneration to her age-old tradition of spiritual goal. He said, “Each
nation has a destiny to fulfil, each nation has a message to deliver, each
nation has a mission to accomplish. Therefore we must have to understand
the mission of our own race, the destiny it has to fulfil, the place it has to
occupy in the march of nations, the role which it has to contribute to the
harmony of races”. His nationalism is based on Humanism and
Universalism, the two cardinal features of Indian spiritual culture. He
taught people to get rid first of self inflicted bondages and resultant
miseries.

The nature of his nationalism is not materialistic but purely spiritual, which
is considered to be the source of all strength of Indian life. Unlike western
nationalism which is secular in nature, Swami Vivekananda’s nationalism is
based on religion which is life blood of the Indian people. Deep concern for
masses, freedom and equality through which one expresses self, spiritual
integration of the world on the basis of universal brotherhood and
“Karmyoga” a system of ethics to attain freedom both political and spiritual
through selfless service make the basis of his nationalism.

Courage and determination instilled by Swami Vivekananda’s speeches and

writings in agitating minds and hearts of Indians to face all eventualities
against all opposition were nurtured by Aurbindo Ghosh over the
generation. This Indian mindset ready for supreme sacrifice provided the
launching pad for success of Mahatma Gandhi’s freedom movement based
on “Ahimsa” and “Satyagrah.”

Swami Vivekananda saw the spirituality as point of convergence for all

religious forces of diverse India capable of unifying into a national current.
Like Vivekananda, Aurbindo Ghosh and Mahatma Gandhi also realized that
religion and spirituality are in the veins of Indians and worked for India’s
unification through awakening the force of religion and spirituality.

Sri Aurobindo

Sri Aurobindo was one of the most creative and significant figures in the
history of the Indian renaissance and Indian nationalism, regarded as
the ‘Prince among the Indian thinkers’

 Aurobindo made a great contribution to the theory of passive resistance

and boycott to curtail functioning and growth of British administration
and commerce. Aurobindo made it clear that the passive resistance may
turn to be violent in case of ruthless suppression by the ruler. In this
way it differed from Gandhiji’s technique of Satyagraha.
 Following his imprisonment, there was a spiritual development in
Aurobindo’s thought impacting his conception of nationalism as well:
 His conception of spiritual nationalism was linked to his philosophy
that rests on evolution of human life into the divine life. He elevated
the demand for national freedom to a religious faithso that the
masses could be awakened, an idea that was further developed by
Gandhi in his mass movements.
 Sri Aurobindo’s concept of nation was deeply influenced by
Bankimchandra. He believed that the nation is not just a piece of
land nor a mass of human beings. He glorified India as a Mother
Goddess, and liberation of the motherland is the most urgent duty of
her children for which they must be ready to sacrifice even their
lives.
 According to Aurobindo’s understanding, the ‘nation’ is a living
entity-‘shakti‘ composed of all the shaktis of all the millions of units
that make up the nation. Thus, nationalism was not merely a
political programme but a spiritual one.
 Therefore, Sri Aurobindo sought to move away from Swaraj (political
freedom) towards independence (complete freedom).
The late nineteenth century saw the emergence of Indian nationalism.
Indians felt like one and they tried to overthrow the foreign rule. This led to
the Indian freedom struggle and finally independence.

CHAPTER II

POLITICAL VALUES AND IDEALS DURING FREEDOM STRUGGLE

NON- VIOLENCE, TOLERANCE, SATYAGRAHA

Non-violence is the greatest force at the disposal of mankind. It is the

mightiest weapon devised by ingenuity of Man, Mahatma Gandhi said. ...
Non-violence is the personal practice of being harmless to self and others
under every condition. Gandhi spread the non-violence through movements
and writings.

Truth and nonviolence were two of Gandhi's most cherished ideals. Truth
and non-violence were of enormous significance to him. Gandhi’s philosophy
is based on Satya, or Truth, and Ahimsa, or Nonviolence. Nonviolence is a
translation of Sanskrit word 'Ahimsa'. 'Ahimsa', he said, means 'The greatest
love, the greatest compassion' in its positive form. In Gandhi's view, the root
of the word "Satya" is the verb "to exist."

Satyagraha, (Sanskrit and Hindi: “holding onto truth”) concept introduced in

the early 20th century by Mahatma Gandhi to designate a determined but
nonviolent resistance to evil. Gandhi’s satyagraha became a major tool in
the Indian struggle against British imperialism and has since been adopted
by protest groups in other countries.

According to this philosophy, satyagrahis—practitioners of satyagraha—

achieve correct insight into the real nature of an evil situation by observing
a nonviolence of the mind, by seeking truth in a spirit of peace and love, and
by undergoing a rigorous process of self-scrutiny. In so doing,
the satyagrahi encounters truth in the absolute. By refusing to submit to
the wrong or to cooperate with it in any way, the satyagrahi asserts that
 truth. Throughout the confrontation with evil, the satyagrahi must adhere
to nonviolence, for to employ violence would be to lose correct
insight. Satyagrahis always warn their opponents of their intentions;
satyagraha forbids any tactic suggesting the use of secrecy to one’s
advantage. Satyagraha includes more than civil disobedience. Its full range
of application extends from the details of correct daily living to the
construction of alternative political and economic institutions. Satyagraha
seeks to conquer through conversion: in the end, there is neither defeat nor
victory but rather a new harmony.

In 1917 the first satyagraha campaign in India was mounted in the indigo-
growing district of Champaran. During the following years, fasting and
economic boycotts were employed as methods of satyagraha in India, until
the British left the country in 1947.

1. Champaran Satyagraha (1917): In the Champaran district of Bihar the

condition of Indigo cultivators became miserable under the Tinkathiya
system. Under this system, the cultivators were forced to cultivate Indigo on
the best 3/20th part of their land and were forced to sell them at a cheaper
price. The situation for the farmers became worse due to harsh weather
conditions and the levy of heavy taxes. Then, Rajkumar Shukla met Mahatma
Gandhi at Lucknow and invited him.
At Champaran, Mahatma Gandhi adopted the approach of the civil
disobedience movement and launched demonstrations and strikes against
the landlords. As a result, the government set up a Champaran agrarian
committee of which Gandhi ji was also one of the members. All the demands
of the cultivators were accepted and the Satyagraha was successful.

2. Kheda Satyagraha (1917 -1918): A no-tax campaign was started by Mohan

Lal Pandey in 1917 who demanded the remission of taxes due to poor harvest
or crop failure in Kheda village, Gujarat. Mahatma Gandhi was invited and he
joined the movement on 22 March, 1918. There, he started Satyagraha. The
movement was also joined by Vallabhbhai Patel and Indulal Yagnik. Finally,
the demands were fulfilled by the British government and it was successful.
3. Khilafat Movement (1919): Khilafat movement was started by the Ali
brothers to show the protest against unjust done with Turkey after the
First World War. Under the guidance of Mahatma Gandhi, the
movement was launched against the British government to restore the
collapsing status of the Caliph in Turkey. All India Conference was held
in Delhi where Mahatma Gandhi was elected as a president. He also
returned the medals received from the British Empire in South Africa.
The success of the Khilafat movement made him the national leader.
4. Non-Cooperation Movement (1920): Non-Cooperation movement was
launched in 1920 by Mahatma Gandhi due to the Jallianwala Bagh
Massacre. Mahatma Gandhi thought that this will continue and
Britishers will enjoy their control over Indians. With the help of
Congress, Gandhi ji convinced people for starting the non-cooperation
movement in a peaceful way which is the key factor to attain
independence. He framed the concept of Swaraj and it became a crucial
element in the Indian freedom struggle. The movement gained
momentum and people started boycotting the products and
establishments of the British government like schools, colleges,
government offices. But due to the Chauri Chaura incident, Mahatma
Gandhi ended the movement because in this incident 23 police officials
were killed.
5. Civil-Disobedience Movement (1930): Mahatma Gandhi in March 1930
addressed the nation in a newspaper, Young India, and expressed his
willingness to suspend the movement if his eleven demands get
accepted by the government. But the government at that time was of
Lord Irwin and he did not respond back to him. As a result, Mahatma
Gandhi initiated the movement with full vigour.
6. Quit India Movement (1942): Mahatma Gandhi launches the Quit India
movement on 8 August, 1942 during Second World War to drive British
rule out of India. In the movement, Mahatma Gandhi delivered a 'Do or
Die' speech. As a result, the entire members of the Indian National
Congress were arrested by the British officials and imprisoned without
trial. But the protest continued across the nation. By the end of World
 War II, the British government cleared that they will hand over the
powers to India. Mahatma Gandhi called off the movement which
results in the release of thousands of prisoners.

The formal proclamation of the Swadeshi movement was made

on August 7, 1905 with the passing of the ‘Boycott’ resolution in a
meeting at the Calcutta town hall which brought about the unification
of the hitherto dispersed leadership. On the day the partition was put
into effect i.e. October 16, 1905, a hartal was called in Calcutta and a
day of mourning was declared. People fasted and no fire was lit in the
cooking hearth.
People paraded the streets singing Bande Mataram. The people of
Bengal tied rakhis on each others’ wrist as a symbol of solidarity.
This peculiar form of mass protest of ‘swadeshi and boycott’ attained
popularity among the new members of the Congress, who were more
impatient than the moderates to see a positive response to their
efforts.

1. This was a comprehensive movement that lasted 6 years.

2. The swadeshi movement assumed its radical and mass form after
1905 following the contested spatial partition of Bengal.
3. In 1907, swadeshi was officially incorporated within the conceptual
and ideological framework of the Indian National Congress in the
avowed objective of swadeshi swaraj.
4. Although this was regarded as a cultural movement celebrating the rich
harvest of history – the rich traditions like folk music, paintings, the
culture of Bengal was highlighted. But very soon, it got integrated with
the political upheavals that followed after the partition of
Bengal. Krishna Kumar Mitra, in his newspaper, ‘Sanjivani’ highlighted
the prospects of national education and ‘Economic Swadeshi’.
5. Very soon, this movement started gaining momentum with the help of
the entire Bengali middle-class intelligentsia.
6. After the partition of Bengal, the Swadeshi movement got a big boost,
because of the integration of the boycott movement with the Swadeshi
movement.
7. Tilak called this movement “Bahishkar Yoga“ and most of the Bengali
intelligentsia that was initially not in favour of the boycott movement
got integrated with the Swadeshi movement.
8. This was primary learning for the national movement. According to Bal
Gangadhar Tilak, and Lala Lajpat Rai, it was training in ‘self-
determination’, ‘self-help’, and ‘self-reliance’.
9. Initially the idea of swadeshi figured in the writings of early
nationalists such as Dadabhai Nauroji, M.G.Ranade and Bipin
Chandra Pal, who came in defence of the national economy against
the colonial economy.
10. In fact, the Swadeshi movement can be called as a nursery of the
further course that the Indian National Movement was to take. The
programmes and ideas that were practised during the Swadeshi
movement became the hallmark of the Gandhian movement as well.
11. Surendranath Bannerjee said that it is a ‘protectionist
movement’. And that it ‘generates the material prosperity of the
masses’.
12. Very soon, the Swadeshi movement spread to different parts of
India, like Bihar, U.P., C.P., Bombay and Madras.
13. Radicalism also became a part of the Swadeshi movement after
the partition of Bengal. After the partition of Bengal, industrial strikes
became the hallmark of the Swadeshi movement.
14. There were strikes carried out in various cotton and jute factories
of Bengal. Railway workers also went on strike. The Burnpur mill also
went on strike.
15. But, the context of the anti-partition movement made it a very
aggressive movement.

Swaraj (Tilak)
Bal Gangadhar Tilak was a political realist. His major concern was politics.

Between political reforms and social reforms, he always sought

political reforms. He used to say that the social reforms came within the
jurisdiction of society and it was for the social reformers to seek reforms
facing the society. He was of the views that after independence has been
won, people themselves would launch reforms of social evils; let the political
reforms lead the social reforms.

For him, the British rule in India, was a curse and that the British
rule in India for the exploitation of the Indian resources. He was
opposed to the imperialistic designs of the British rule over India. So,
unlike the moderate Congress man of 1885-1905, Tilak did not expect
that the British would be sympathetic towards the Indian demands,
and aspirations. He was convinced that the British know only their
own economic and selfish intersect of exploiting the Indian resources
to their own benefits. They did not care about the plight of the
Indians. The British were not sympathetic towards the Indians, when
they faced famine conditions during the fadling years of the
nineteenth century. He was, therefore, not in favour of seeking
reforms as a matter of mercy. He was right in asking for the fulfillment
of Swaraj as a matter of right. 'Swaraj is my birth right and I
must have it.' Tilak advocated the strategy of militancy, for reasons as
can be given below:
 Firstly, he felt that constitutional methods had meaning only under a
constitutional government. What we had under the British Rule was
only a Penal Code and not a Constitution. Hence, there was no
question of our adopting constitutional methods.
 Secondly, his argument was that as the British would never concede
anything that went against their interest, we needed to bring pressure
on the alien bureaucracy in support of our demand. This could be
done by involving people in the national movement. For this, they
must be taken into confidence.
 Thirdly, one of the ways of arousing the people emotionally was to
base one's demands on the theory of 'natural rights.

The philosophy of extremism was the only objective which Tilak

sought, "Swaraj' which meant self-rule not as a mercy but as a right, a
natural right, a birth right. Swaraj was not only a political concept
merely. It was more than a law and order mechanism. It was also
more than an economic order providing the necessities of life or the
luxuries of a pleasurable life.
Swaraj, according to him, was full self-government-political, social,
economic and spiritual. Thus, Swaraj was something more than mere
home rule. Home rule simply indicated a political arrangement of self-
rule without severing British connection.
Beyond this, Swaraj also implied enlightened self-control of the
individuals inspiring detached performance of their duties.
Tilak thought of 'Swaraj' not only a political concept, but saw in it
implications of economic, social and cultural nature.
Politically., Swaraj meant the rule of India by the Indians. It meant
political non-interference by the foreigners in matters relating to India.
let the Indians decide the form of government they want to; left them
decide the laws and the right which they want to be governed.
Economically, Swaraj meant for Tilak non-interference in the
economic activities of India: let the Indian natural resources be owned
by the Indians and let them decide as to how would they use them for
the benefits of the people and the development of the state.
Socially, Swaraj meant for Tilak a type of society where social evils do
not exist; let the British not to interfere into our religion and social
life.
Culturally, Swaraj meant for Tilak a high level of nationalism where
materialism has no place. Tilak felt that materialism debases human
life and reduces it to an animal level. Tilak wanted men to rise above
the level of animal pleasures through self discipline and self-efforts
and attain true happiness by sublimating their desires Hence, he
conceives the fulfilment of human life not only in enjoying rights, but
also in selfless performance of duties. Man needs the rights to perform
his duties not for the selfish pursuit of animal desires. Man has duties
to himself, to his family, to his kith and kin and also to his fellow
beings and countrymen. He has to work for the moral, spiritual and
material well being of all of them. This is his duty However, all this
would be possible only if men and women were free from any kind of
domination and control.

Swadeshi

Satyagraha and swadeshi are fundamental in Gandhi's philosophy of

life. He used swadeshi as a means to achieve India's swaraj. India's
struggle for freedom was a source of inspiration for many non-violent
struggles in different parts of the globe. Swaraj through swadeshi is a
principle of universal application and it can be emulated by people in
their struggle for freedom.
Gandhiji’s concept of “Swadeshi” connotes belonging to one’s own
country. In his wide conceptual framework Swadeshi has a special
significance. He always laid emphasis on the value of Swadeshi. He
used it comprehensively and constantly endeavoured to apply it to all
sphere –social, political, economic, and cultural.
it has a political connotation and is also considered as a viable vehicle
for the promotion of Nationalism and is also reflective of one’s
patriotism. It is not only a theoretical concept but has innumerable
inalienable practical aspects. The inculcation and adoption of
Swadeshi ideal encourages an individual to keep one’s own country
interests paramount regardless of its impact on other foreign
countries.
Swaraj through swadeshi is a principle of universal application and it
can be emulated by people in their struggle for freedom. It was one of
the eleven vows Gandhi prescribed for a satyagraha way of life.
Swadeshi as a generic concept covers almost every aspect of human
life, all his ideas, concepts, methods and programmes.
Swadeshi is that spirit in us which restricts us to the use and service
of our immediate surroundings to the exclusion of the more remote.
Swadeshi is the political movement in British India that encouraged
domestic production and boycott of the foreign goods.
Swadeshi is a concept evolved in search of making a nation against
the colonial British India. Swadeshi assigned national meaning to
territory, economy and culture. Swadeshi movement aimed to achieve
swaraj by establishing India’s economic self-sufficiency from Britain.
Gandhi’s Swadeshi is an economic doctrine. It proposes not only self-
reliance and usage of indigenous skills and knowledge systems, but
also propagates simple living and one’s own dignity. In times of
globalisation, market-oriented and commoditised life, swadeshi has its
contemporary relevance. Gandhi’s idea of swadeshi deals about the
importance of indigenous skills and its productivity. He believed that
swadeshi is means in realising the self-reliance and self governance
(swaraj). In that sense his politics of spirituality has not only
internalised the essence of material production and labour, but also
proves that he is a pragmatic philosopher. The practice of economic
philosophy of swadeshi had direct hit on British Empire and its
economy.
In Gandhi’s swadeshi economy, village economy and local industry
play an important role. He aims at self-sufficiency of the village
community. According to the principle of swadeshi, whatever is made
or produced in the village must be used first and foremost by the
members of the village. Swadeshi avoids economic dependence on
external market forces that could make the village community
vulnerable. It also avoids unnecessary, unhealthy, wasteful, and
therefore environmentally destructive transportation
Gandhi describes swadeshi as a call to consumer to be aware of the
violence he is causing by supporting those industries that result in
poverty, harm to workers and to humans and other creatures. Indian
 nationalists believed that the causes of their economic woes were
partly due to the British colonialisation of India. Swadeshi was a
nationalist movement to boycott British goods and to buy Indian
goods.
Gandhi’s swadeshi is always in defence of indigenous skills, local
knowledge systems, cultural traditions and village economy. Swadeshi
may read as self-sufficiency of the home through revitalisation in all
its aspects. Through Swadeshi, Gandhi is successful in uniting the
economic struggles with nationalist movement. Gandhi envisaged an
organic and political society characterised by the economic self-
sufficiency and social harmony. The swadeshi worker not only
symbolises charkha and khadi but also lives in simplicity and
spirituality. In Gandhi’s Swadeshi, economics would have a place but
would not dominate society. The swadeshi economics is based on the
principle of non-possessiveness, where as capitalism is based on
possessiveness. It is believed that beyond a certain limit, economic
growth becomes detrimental to human well-being. Gandhi’s principle
of swadeshi has relevance in the contemporary times of globalisation.

Integral Humanism

Integral Humanism was given by Deen Dayal Upadhyaya. He proposed

this concept in order to give independent India an ideological basis on
which nation building into One India can be done.

 Integral humanism - Deendayal Upadhyay is best remembered for his

principle of "integral humanism" which is defined as "a classless,
casteless and conflict-free social order".
 It talks about the integration of indigenous "Indian culture" with the
social, political and economic fabric of the nation.
 It provides for a holistic idea of human welfare.
 It envisions a synthesis of materialism, spiritualism and cautious
desire, as each have a role in achieving happiness.
 And that an economic index cannot be the sole measure of satisfaction
or happiness.
 Bharat - He wanted to decolonise Indian political thought as he felt that
the Indian intellect was getting suffocated by Western theories.
 This, he believed, left a roadblock to the growth and expansion of the
original Bharatiya.
 He did welcomed modern technology but wanted it to be adapted to suit
the Indian requirements.
 Polity - He visualised for India a decentralised polity and self-reliant
economy with the village as the base.
 He spoke against caste polarisation and identity-based voting.
 He wanted people to do their duty while exercising their franchise “in a
judicious and intelligent manner”.
 Welfare - He strongly argued against the left-right division as being
detrimental to the growth of a constructive, transformative pro-people
ideology.
 He strongly believed that politics must be controlled by the masses, and
not the wealthy.
 He thus cautioned that Neoliberalism could challenge democracy, and
emphasized that people's welfare should not be compromised for
corporate interests.
 He was particular that powerful lobbies should not emerge in the
country’s legislatures and political decisions.
 He pleaded for diversities in economic and social philosophies against
a single meta-narrative ruling the world or a nation.
 Many of Upadhyay's principles thus find more relevance today than in
his own time.

 It means that the human being is at the core position of the social,
political and economic model.
 According to Upadhyaya, four ingredients of an individual were the
body, mind, intelligence and soul. All of them were integrated.
  These four corresponded to the four universal objectives of dharma
(moral duties), artha (wealth), kama (desire or satisfaction), and
moksha (total liberation or ‘salvation’).
 An integral understanding of life is, instead, holistic in nature. For
example, a medical model of health may be restricted to its biological
needs, while an integrated understanding of human life comprises of
body, mind, intellect and soul.
 Integral Humanism proposes harmony between man, nature and spirit.
For example Integral Ecology takes us back to the age-old wisdom of
interdependence with nature. It is reflected in SDG Goal 13 on climate
action.
 Integral humanism Encourages brotherhood and discourages enmity
among people, nations and sub-national units. For example idea of
oneness amongst people of all races, castes, creeds, geographies and
gender is fundamental to the interpretation of integral frameworks in
the international context.
 For example in democratic government, jan rajya must also be rooted
in Dharma, i.e., a ‘Dharma Rajya’. In the definition of democracy of the
people, by the people and for the people of as per integral humanism.

Thus, Integral Humanism revolves around the basic themes of harmony,

primacy of cultural-national values and discipline. This doctrine of Pandit
Upadhyay is quite relevant even in the present political and economic
situation of India.

Integral humanism builds on organic thought, where it imagines an

Indian nation, which is guided by common principles of moral order. A
nation, where all citizens identify themselves as a part of the same
Indian ethos, where we modernize but do not Westernise, where we
have individual economic liberty but that which is coupled with a
social safety net, and lastly, where we transcend group consciousness
as members of different religious and social communities to develop a
common national consciousness.
Volunteerism by Vinoba Bhave

The term ‘voluntarism’ is derived from the Latin word ‘voluntas’ which
means will or freedom. It is that action or activity which is not directed or
controlled by the state. It is an activity which is governed by its own
members and not by any outside force or external control.

Volunteerism has long been an integral part of the Indian society. During
the Vedic period, 'daanam' (giving/sharing) was more or less confined to the
occasions of big sacrifices patronized by chieftains or kings, however, in the
post Vedic period, 'daanam' became a much more prevalent practice among
the common people.

There are no laws or regulations, which specifically regulate volunteerism in

India. However, the National Policy on the Voluntary Sector (2007), pledges
to encourage, enable and empower an independent, creative and effective
non-profit /NGO sector. The National Youth Policy- 2014 also lays strong
emphasis on promotion of civic engagement for youth empowerment.

It is also characterized by working for the disadvantaged, deprived and

dispossessed. Voluntarism, in a free society, draws its inspiration from the
concept of social justice, which is enshrined in the universal values and the
manifold declarations on Human Rights. This has been provided for even in
our Constitution. The constitutional directive lays down that “a social order
in which justice -social, economic and political – must inform national life.

CHAPTER III

POLITICAL CONTRIBUTIONS OF REGIONAL FREEDOM STRUGGLE

India got its independence in 1947 but the struggle for freedom spanned
decades before this. One of the first female rulers to rebel against the British
Empire was Rani Chennamma. As the ruler of Kittur, she fought against the
British and became a folk hero in Karnataka. Here is a snapshot of her life
and fights.

Kittur Rani Chennamma

Rani Chennamma was the first woman independence activist of Bharat. She
stood all alone with a vibrant fiery eye against the British Empire. Rani
Chennamma did not succeed in driving them away, but she did provoke
many women to rise against the British rule. She was Chennamma Queen of
the princely state Kittur in Karnataka. Today she is well known as Kittur
Rani Chennamma.
Rani Chennamma and the local people opposed strongly British high
handedness. Thackeray invaded Kittur. In the battle that ensued, hundreds
of British soldiers were killed along with Thackeray.
The humiliation of defeat at the hands of a small ruler was too much for the
British to swallow. They brought in bigger armies from Mysore and Sholapur
and surrounded Kittur.

Rani Chennamma tried her best to avoid war; she negotiated with Chaplin
and Governor of Bombay Presidency under whose regime Kittur fell. It had no
effect. Chennamma was compelled to declare war. For 12 days, the valiant
Queen and her soldiers defended their fort, but as is the common trait,
traitors sneaked in and mixed mud and dung in the gunpowder in the canons.
The Rani was defeated (1824 CE). She was taken a prisoner and kept in the
fort of Bailhongal for life. She spent her days reading holy texts and
performing pooja till her death in 1829 CE.

Kittur Rani Chennamma could not win the war against British, but she etched
her presence for many centuries in the world of history. Along with Onake
Obavva, Abbakka Rani and Keladi Chennamma, she is much revered in
Karnataka as an icon of bravery.
Rani Chennamma has become a legend. During the freedom movement, her
brave resistance to British formed theme of plays, songs, and song stories.
Folk songs or lavanis were a legion and freedom struggle got a good boost
through singing bards who moved throughout the region.

It is heartening news that a statue of Kittur Chennamma was installed in the

Parliamentary Building premises at New Delhi on 11th September 2007. It is
the most fitting tribute to a brave queen, who was the earliest ruler in Bharat
to fight the British rule.

Two other statues were also installed in Bangalore and Kittur. A daily train
between Bangalore and Kolhapur was named after the Rani as the Rani
Chennamma Express. Her life was also captured on film in the form of a
historical drama film by B. R. Panthulu. The film is named Kitturu
Chennamma.

Hardekar manjappa

Hardekar Manjappa was born on 18th February 1886 as son of

Madhukeswarappa in a poor family of Banavasi village of Uttara Kannada
district.

He studied in Sirsi and passed the Mulki or primary school final

examination in 1903. He was started his career as a teacher on a salary of
seven rupees a month.

In 1906 swadeshi movement was on he was very much influenced by Tilak’s

movement and left his teacher's job and came to Davangere and on 2nd
September 1906 started a weekly Dhanurdhari, with more than 10,000
subscribers.

He was slowly influenced by Saint-Reformist Basava’s teachings. He was

shocked to observe so many groups and sects among Lingayats. This sect
was born to eliminate casteism and a myriad evils & superstations
connected with it.
Like Gandhiji, Manjappa was equally concerned about social reform,
especially about the uplift of the depressed classes and education and
proper status of women in society. There could be no social reform without
improving on both these fronts, he maintained. Not less concerned about
the right type of education for the future citizens, he started his own school
in his ashram at Almatti. He fought against the caste system which he said
was the root cause of communal tensions and social violence. All his life he
struggled against the evil forces that vitiated Indian life and impeded its
progress along moral lines.

Halagali Bedas

The five local forces who fought the British were from 1) Halagali 2) Surpur
3) Mundaragi 4) Naragund and 5) Supa. Halagali was a village of Beda
(hunters) population in the small state of Mudhol in Bijapur district. Most of
the residents lived by hunting wild beasts and birds and selling forest
products. These Bedas kept tools and instruments useful to their vocation,
all the time. Once due to lack of rain, they could not get sufficient food and
few of the bedas did a dacoity and this matter was reported to the British
army and this incident provoked the british to pass an order to surrender all
the arms of the bedas which they were using for hunting.

The Halagali Bedas revolted against the Arms Act In November 1857. This
resistance was too much for the British army officer to swallow. On 29th
November 1857 Halagali was attacked and 290 Bedas were made prisoners.
Scores were shot down ruthlessly. 13 Beda leaders were hanged in public on
market day (sante) of Mudhol and six more at Halagali itself three days later.

The exemplary courage and self-sacrifice of the Bedas who did not yield to
the British is well preserved in Lavanis (folk song-stories or ballads) which
the moving bards sang in the villages of North Karnataka. John F. Fleet
collected five such lavanis and published them. Late Kyatanahalli Ramanna
collected the longest among these lavanis.

Madikeri peasants

Peasant Movements are a part of social movements against British atrocities

in the 18th and 19th centuries of the British Colonial Period. These
movements had the sole purpose of restoring the earlier forms of rule and
social relations

There were various reasons related to agrarian restructuring for peasants to

revolt. The reasons are given below:

Peasants were evicted from their lands

The rent that the peasants had to pay for their lands was increased

Atrocities by the Moneylenders

Peasants’ traditional handicrafts were ruined

The ownership of land was taken away from peasants during Zamindari rule

Massive Debt

Colonial Economic Policies

Land Revenue System was not favouring the peasants

The impact of peasant movements in India are discussed briefly below:

 Though these revolts were not aimed at uprooting the British rule
from India, they created awareness among the Indians.

 The peasants developed a strong awareness of their legal rights and

asserted them in and outside the courts.
  Peasants emerged as the main force in agrarian movements, fighting
directly for their own demands.

 Various Kisan Sabhas were formed to organise and agitate for

peasant’s demands during Non-Cooperation Movement.

 These movements eroded the power of the landed class, thus adding
to the transformation of the agrarian structure.

 Peasants felt a need to organise and fight against exploitation and

oppression.

 These rebellious movements prepared the ground for various other

uprisings across the country

In 1799, South Kanara came under British rule. But

until Chikkaviraraja (1820–1844), the last of the Haleri chiefs, was
overthrown, Coorg had a tenuous sense of independence. After Coorg was
annexed, the Amarsullian magane and Puttur, which the British had given
to the Raja of Coorg in 1804 for their convenience, were moved to the
province of Kanara. They initially observed a shift in the way taxes were paid
to the government. The revenue was given in kind during the reign of the
Rajas of Coorg.

There was a tradition of paying revenue to the monarch in the form of

products before the Sulya Puttur of Dakshina Kannada became a province
of Canara. Despite this, the British issued instructions requiring the
residents of Kodagu and Dakshina Kannada to pay taxes in cash. People
started to believe that foreigners were in charge and were syphoning off their
hard-earned money under the pretence of taxation.

The Amara Sullia Rebellion (also called Kalyanappana Katakayi or Amara

Sulya Raitha) was an armed uprising against the British government
organized by the people of Arebhashe, Kodava and Tulunadu that took place
in 1837, twenty years before the Sepoy Mutiny of 1857.[1][2][3][4] Subedar
Nerapanda Madaiah, Subedar Kollira Achaiah, Subedar Cheeyakpoovanda
Devaiah and Subedar Mandira Uttaiah were the prominent Kodava Leaders
who supported and fought with the Freedom Fighters. Subedar Guddemane
Appaiah Gowda (Guddera Appu) as he was fondly known in the movement
hailing from Balamberi belonging to the Are Bhashe Community was one of
the leaders in the movement

UNIT III

CONSTITUTIONAL DEVELOPMEMTS OF INDIAN CONSTITUTION

CHAPTER IV

HISTORICAL BACKGROUND OF CONSTITUTIONAL DEVELOPMENT OF

INDIA

Development between 1857 to 1952

The Acts Reforms during British rule laid down the legal framework for the
organisation and functioning of government and administration in British
India. These Acts Reforms have greatly influenced our Constitution and
polity.

Government of India Act of 1858

1. Government of India Act of 1858 passed by British Parliament,

brought an end to the rule of East India Company. The powers were
transferred to the British Crown.
2. The Secretary of State for India was given the powers and duties of the
former Court of Directors. He Controlled the Indian Administration
through the Viceroy of India.
3. The Secretary of State for India was assisted by the Council of India.
This Council had 15 members. The Council was an advisory body.
4. Governor-General of India was made the Viceroy of India.
5. Lord Canning was the 1st Viceroy of India.

Indian Council Act of 1861

 1. Indians were nominated as non-official members for the 1st time in
the Legislative Council of Viceroy.
2. Legislative Councils were established in Provinces and Centre.
3. Legislative powers of the Provinces of Bombay and Madras were
restored.
4. Legislative Councils were started in the Provinces of Punjab, North-
Western Frontier Province (NWFP), Bengal.

Indian Council Act of 1892

1. The size of the Legislative Council was increased.

2. The Legislative Council was given more power, they had the power to
deliberate on the Budget and could pose questions to the Executive.
3. Indirect elections were introduced for the 1st time.
4. The Principal of Representation was introduced as per provisions
given in the Indian Council Act of 1892.

Indian Councils Act, 1909 – Morley Minto Reforms

1. Indian Councils Act of 1909 is commonly known as Morley Minto

Reforms.
2. For the 1st time, Direct elections were introduced for the Legislative
Councils.
3. The Central Legislative Council was renamed as the Imperial
Legislative Council.
4. The Communal representation system was introduced by giving
separate electorate. It was a system where seats were reserved only for
Muslims and only Muslims would be polled.
5. For the first time, Indians were appointed to the Executive Council of
Viceroy. Satyendra Sinha was the law member.
Government of India Act, 1919 – Montagu Chelmsford Reforms

1. Government of India Act, 1919 was also known as the Montagu

Chelmsford reforms.
2. Bicameralism was introduced for the 1st time.
3. Provincial and Central Subjects were separated.
4. Dyarchy, a scheme of Dual Governance was introduced in the
Provincial Subjects, it was divided into Reserved and Transferred. The
transferred list included agriculture, health, education, and
supervision of the local government. The Transferred list was given to
the Government of Ministers answerable to Provincial Council. The
reserved list included communications, foreign affairs, defence; this
transferred list was under the control of Viceroy.
5. Out of 6 members in Viceroy’s Executive Council, 3 of them were
Indians.
6. The Act provided provisions for the establishment of the Public Service
Commission in India for the first time.
7. Communal Representation extended to Christians, Anglo-Indians,
Sikhs.
8. The franchise was given to a limited population which was based on
people who had taxable income, had property and paid land revenue
of Rs 3000.
9. Montagu Chelmsford Reforms made provision for setting up a
statutory commission at the end of 10 years to look into the working
of the Government.

Government of India Act 1935

This was the longest and last constitutional measure introduced by British
India. It was the result of multiple round table conferences and a report by
the Simon Commission.

1. Bicameralism was introduced in 6 Provinces (Bengal, Bombay,

Madras, Assam, Bihar, United Provinces) out of 11 provinces.
 2. The Legislature in the provinces were enlarged.
3. As per the Act, the powers were divided into Federal List, Provincial
List and Concurrent List.
4. Provincial autonomy was introduced in the Provinces by abolishing
the Dyarchy.
5. There was provision for the adoption of Dyarchy at the Centre.
6. Provided provisions for establishing Federal Court, Reserve Bank of
India (RBI).
7. There was provision for the establishment of All India Federation
consisting of Provinces and the Princely States as units.
8. Due to the length of Government of India Act 1935, it was divided into
2 separate Acts.

Cripps Mission – 1942

In 1942 Cripps Mission was sent to India under the leadership of Sir
Stafford Cripps. Some of the proposals given by the Cripps Mission are given
below.

1. Dominion status would be given to India, after the 2nd World War.
2. Once the Second World War ends, an elected body would be set up in
India for framing of Indian Constitution.
3. The even the Indian States would participate in the Constitution-
making body.
4. Almost all the Parties and sections in India rejected the proposals
given by the Cripps Mission.

Cabinet Mission – 1946

Some of the main proposals of the Cabinet Mission plan was

1. The Indian States and British Provinces would combine to form Union
of India
2. A Constituent Assembly would be established consisting of 389
members.
 3. 14 members from Major political parties would form an interim
government
4. A representative body would be formed named as the Constituent
Assembly.
5. Until the Constitution was framed, the Constituent Assembly would
act as the Dominion Legislature.
6. Until the Constitution was framed, India would be administered as per
the Government of India Act, 1935.

Mountbatten Plan – Indian Independence Act – 1947

1. British India was partitioned into India and Pakistan with effect from
15th August 1947.
2. Conferred complete legislative authority to the Constituent Assembly.
3. Established Governments in both Provinces and States.

Constitution of Independent India

1. The Constitution of India was drawn up by the Constituent Assembly.

Constituent Assembly took almost 3 years to complete the task of
drafting the Constitution for Independent India.
2. Constituent Assembly met for the first time on Dec. 9, 1946.
3. On 14th August 1947; there was a proposal for the creation of
committees.
4. The Drafting Committee was established on 29th August 1947 and the
Constituent Assembly starts the process of writing the Constitution
5. Dr Rajendra Prasad as the President prepared the Draft of the new
constitution of Independent India in February 1948.
6. The Constitution was adopted on Nov. 26, 1949
7. The Constitution came into effect on Jan. 26,1950, making India a
Republic.
 8. On that day, the Assembly ceased to exist, transforming itself into the
Provisional Parliament of India until a new Parliament was constituted
in 1952.
9. It is the longest written constitution in the world containing 395
Articles and 12 Schedules.

Composition and debates of constituent assembly and working of

committees

Composition

The idea of a constituent assembly was first proposed in 1934 by M.N. Roy.
However, the actual constituent assembly was formed in 1946 on the basis
of the cabinet mission plan.

 Initially, the number of members was 389. After partition, some of the
members went to Pakistan and the number came down to 299. Out of
this, 229 were from the British provinces and 70 were nominated from
the princely states.

 Dr. Sachchidananda Sinha was the first temporary chairman of the

Constituent Assembly. Later, Dr. Rajendra Prasad was elected as the
President and its Vice President was Harendra Coomar Mookerjee. BN
Rau was the constitutional advisor.

Constituent Assembly debates

Constituent Assembly Debates (CADs) refer to the debates and discussions

that the Constituent Assembly members had in the process of drafting a
constitution for free India.

The Constituent Assembly of India was formed with the specific objective of
drafting a constitution for an independent India. It existed for three years
from 1947 to 1949 when the Constitution of India was adopted.

The Assembly sat for about 165 days to frame the Constitution of India.
Preliminary stage (9/12/1946 to 27/01/1948):- The guiding principles of
the Constitution were outlined in reports submitted by certain committees
such as the Fundamental Rights and Minorities Committee, Union Powers
Committees, etc. Also, the Drafting Committee was formed to draft the
Constitution.

First reading (4/11/1948 to 9/11/1948):- Introduction of the draft

constitution in the Assembly.

Second reading (15/11/1948 to 17/10/1949):- The draft was discussed

clause by clause.

Third reading (14/11/1949 to 26/11/1949):- The third reading of the

Constitution was completed and it was enacted on 26th November.

The Constituent Assembly spent a total of about 165 days in framing the
Constitution.

 Clause by clause discussion was done for about 101 days where the
members discussed the text of the Constitution.

 About 36 lakh words were spoken in all and Dr. B R Ambedkar had
the distinction of having spoken the most number of words.

 Fundamental rights, included in Part III, was debated for about 16

days

 The Directive Principles of State Policy (included in Part IV) was

discussed for about 6 days

 The concept of citizenship formed about 2% of the clause by clause

discussion among the eminent members of the Assembly. This was
included in Part II.

 The members of the Drafting Committee had a higher share in the

discussions since they frequently responded to what other members
had to say on various issues.
  Altogether, women members contributed to about 2% of the
discussions.

 There were only 15 women members in the Assembly and out of

them, only 10 took part in the debates.

 Freedom fighter and Congress member, G Durgabai, spoke the

maximum number of words among women members.

 Compared to members from the princely states who were nominated

to the Assembly, the members from the provinces took a more active
part in the debates.

 Members from provinces contributed to about 85% of the

discussions whereas princely states’ members contributed to
about 6%.

The committee debated on the following topics:

1. Untouchability
2. Federalism
3. Uniform Civil Code
4. Reservations
5. Right to Equality & Prohibition of Discrimination
6. Preamble
7. Ordinance Making Power of the President
8. Abolition of Death Penalty

Salient features of Indian Constitution

Indian constitution, one of the utmost admired constitutions in the world

was enacted after ‘ransacking’ all the known constitutions of the world at
that time. This constitution that we have enacted has stood the test of
times. Though provisions were borrowed from other constitutions, the
constitution of India has several salient features that distinguish it from
constitution of other countries

 Lengthiest written constitution

 Constitution can be classified into written constitution such as
that of America or unwritten constitution such as that UK.

 The constitution of India is a written constitution which happens

to be the lengthiest written constitution in the world.

 It is comprehensive, elaborate and a detailed document

 The factors that have contributed to this phenomenon are:

geographical factors (vastness of country and diversity), Historical

factors (Influence of GoI, 1935), Single constitution for both
centre and state and dominance of legal luminaries.

 Drawn from various sources

 It has borrowed most of its provisions from the constitution of

various other countries as well as from the Government of India
act, 1935. Ex: structural part from GoI, 1935, independence of
judiciary from USA, Fundamental Rights from USA etc
 Though it is borrowed, the Indian constitution-makers made sure
the borrowed features were made suitable to Indian
conditions. Ex: Though we borrowed cabinet form of governance
from UK, the cabinet is not all-supreme as in the case of UK.

 Preamble of the constitution

 The Preamble consists of the ideals, objectives and basic

principles of the Constitution.
 The salient features of the Constitution have developed directly
and indirectly from these objectives which flow from the Preamble
 It asserts India to be a Sovereign Socialist Secular Demo cratic
Republic and a welfare state committed to secure justice, liberty
and equality for the people and for promoting fraternity, dignity
the individual, and unity and integrity of the nation.
 The Preamble is the nature of Indian state and the objectives it is
committed to secure for the people.

 Democratic system

 The authority of the government rests upon the sovereignty of the

people. The people enjoy equal political rights.
 Free fair and regular elections are held for electing governments

 India is a republic

 The Preamble declares India to be a Republic.

 India is not ruled by a monarch or a nominated head of state.
India has an elected head of state (President of India) who wields
power for a fixed term of 5 years.
 After every 5 years, the people of India indirectly elect their
President.

 Union of states

 Article I of the Constitution declares, that “India that is Bharat is

a Union of States.”
 Fundamental Rights and duties:

 The Constitution of India grants and guarantees Fundamental

Rights to its citizens.
 The constitution of India confirms the basic principle that every
individual is permitted to enjoy certain basic rights and part III of
the Constitution deals with those rights which are known as
fundamental right.
 The Six FR include- Right to Equality; Right to Freedom; Right
Against Exploitation; Right to Freedom of Religion; Cultural and
Educational Rights and Right to Constitutional Remedies (Art.
32).
 The fundamental rights are justiciable and are not absolute.
Reasonable constraints can be imposed keeping in view the
security-requirements of the state.
 A new part IV (A) after the Directive Principles of State Policy was
combined in the constitution by the 42nd Amendment, 1976 for
fundamental duties.

 Directive Principles of State Policy:

 A unique aspect of the Constitution is that it comprises of a

chapter in the Directive Principles of State Policy.
 These principles are in the nature of directives to the government
to implement them to maintain social and economic democracy in
the country.

 Parliamentary System:

 The Constituent Assembly decided to espouse Parliamentary form

of government both for the Centre and the states.
 In Indian parliamentary system, distinction is made between
nominal and real executive head.
 The Council of Ministers is responsible before the Lok Sabha, The
lower house of union parliament. There are close relations
between executive and legislature.

 Federal structure of government:

 A federal state is a state where a country is divided into smaller

regions and the government is functioning at two levels
 The Indian Constitution has envisaged a federal structure for
India considering the geographical vastness and the diversity of
languages, region, religions, castes, etc.
 Written Constitution, supremacy of the Constitution, division of
powers between Union and States, bicameral Legislature,
independent Judiciary, etc. are the features of Indian federation.
 Scholars describe India as a ‘Quasi-Federation’ (K.C. Wheare) or
as ‘a federation with a unitary bias, or even as ‘a Unitarian
federation.’

 Universal adult franchise

 All men and women enjoy an equal right to vote. Each adult man
and woman above the age of 18 years has the right to vote.
 All registered voters get the opportunity to vote in elections.

 Single integrated State with Single Citizenship:

 India is the single Independent and Sovereign integrated state.

 All citizens enjoy a common uniform citizenship.
 They are entitled to equal rights and freedoms, and equal
protection of the state.

 Integrated Judicial system

 The Constitution provides for a single integrated judicial system

common for the Union and the states.
 The Supreme Court of India works at the apex level, High Courts
at the state level and other courts work under the High Courts.

 Independent Judiciary

 It is necessary to secure the philosophical foundations of the rule

of law and democracy
 Firstly, the Constitution makers created a separate Judiciary
independent of Legislature and Executive.
 Secondly, the Constitution has ensured complete independence of
Judiciary in the matters of administration and finances.

 Amending the Constitution of India:

 Amending the Constitution of India is the procedure of making

modifications to the nation’s fundamental law or supreme law.
 The procedure of amendment in the constitution is laid down in
Part XX (Article 368) of the Constitution of India.
 This procedure guarantees the sanctity of the Constitution of
India and keeps a check on uninformed power of the Parliament
of India.

 Judicial Review:

 The judiciary has significant position in Indian Constitution and

it is also made independent of the legislature and the executive.
 The Supreme Court of India stands at the peak of single
integrated judicial system
 It operates as defender of fundamental rights of Indian citizens
and guardian of the Constitution.

 Basic Structure doctrine:

 The basic structure doctrine is an Indian judicial norm that the

Constitution of India has certain basic features that cannot be
changed or destroyed through amendments by the parliament.
 The basic features of the Constitution have not been openly
defined by the Judiciary.
 At least, 20 features have been described as “basic” or “essential”
by the Courts in numerous cases, and have been incorporated in
the basic structure.
 In Indira Gandhi v. Raj Narayan case and also in the Minerva
Mills case, it was witnessed that the claim of any particular
 feature of the Constitution to be a “basic” feature would be
determined by the Court in each case that comes before it.

 Secularism

 In no other country of the world so many religions co-exist as in

India. In view of such diversity the Constitution guarantees
complete freedom of religion to all.
 The citizens of our country are free to follow any religion and they
enjoy equal rights without any distinction of caste, creed, religion
or sex.
 The State does not discriminate against anyone on the ground of
his religion, nor can the State compel anybody to pay taxes for
the support of any particular religion.
 Everybody is equally entitled to freedom of conscience and the
right freely to profess, practice and propagate religion.
 The Constitution regards religion as a private affair of individuals
and prohibits the State from interfering with it. The Constitution
also grants various cultural rights to minorities.

 Independent bodies

 Constitution has setup various independent bodies and vested

them with powers to ensure the constitutional provisions. Ex:
Election Commission, CAG, Finance Commission
 These institutions have been provided with security o f tenure,
fixed service conditions etc to ensure that they are not
susceptible to the whims of either the legislature or the executive.

 Emergency provisions

 Indian constitution contains elaborate provisions to deal with

those challenges that pose a threat to the country’s security and
unity (It will be discussed in detail in upcoming chapters)
  Three-tier government

 Through 73rd and 74th amendment act, we have rural and urban
local bodies as an additional constitutional tier of the government
structure.
 This section fulfills the dream of Gandhi ji to see a self-
functioning villages in India

Constitutionalism

The concept of constitutionalism is a mechanism that provides legitimacy to

a democratic government. Constitutionalism is far more important than
having a written Constitution. Some of the basic principles developed over
time that embody the concept of constitutionalism are separation of powers,
judicial control and accountable government.

The concept of constitutionalism is a mechanism that provides legitimacy to

a democratic government. It cannot and should not be confused with the
legality of the acts of the officials in a government setup. Constitutionalism
is far more important than having a written Constitution. With some
exceptions most of the countries have Constitutions but it in no way means
that they practice constitutionalism. Some of the basic principles developed
over time that embody the concept of constitutionalism are separation of
powers, judicial control and accountable government.

Separation of Powers

Separation of powers divides the mechanism of governance into three

branches i.e., Legislature, Executive and the Judiciary. This creates a
system of checks and balances. This is an effective tool for ensuring
Constitutionalism.

Responsible and Accountable Government

In a democratic setup, the government is elected so that it can serve the

people who help elect it. The electors have a right to demand accountability
and answers from their government. Therefore, when the government fails
the expectations of the electorate, the authorization to govern is revoked by
voting them out.

Popular Sovereignty

The concept of popular sovereignty lays down that the government derives
its legitimacy from the peopleEven though there is a certain sovereign entity
that is empowered to govern, ultimate sovereignty resides in the nation.

Rule of Law

The presence of rule of law means that the government does not belong to
men but to the laws. Dicey lays down three essential components of Rule of
Law:

 Nobody is to be punished except for a specific breach of law that is

established in an ordinary legal manner before ordinary courts of law.

 No one is above the law.

 Courts play a vital role in protecting the rights and freedoms of an

individual.

Independent Judiciary

The independence of the Judiciary is the essence of any liberal democracy

and the foundation of a free society. The Judiciary is the upholder of Rule of
law and if its independence is taken away, it puts the entire rule of law in
jeopardy. The Constitution also envisages the separation of the judiciary
from the Executive under Article 50.

Individual Rights

The rights of the individual shall be at the highest pedestal for

constitutionalism to thrive. These individual rights have not only been
protected and interpreted by the courts. The enforcement of these rights is
ensured by the Constitutional Courts i.e. the Supreme Court and the High
Courts.
Civilian control of the military

Constitutionalism envisages that the control of the military should be in the

hands of a civilian government so that the military does not interfere in the
democratic decision making or attempt a military coup.

Police Accountability

Constitutionalism also envisages that police while performing its duties shall
uphold the rights, freedoms and dignity of the individuals, the same can be
ensured by bringing the police under the control of laws and courts.

Contributions of Nehru and Ambedkar for the framing of constitution

Pandit Jawaharlal Nehru and B.R.Ambedkar are two architects of

Independent India. To Nehru was given the singular honour of raising the
flag of independent India in New Delhi on 15 August 1947, when India
gained Independence, while Ambedkar was entrusted with the task of
framing the Constitution of the new Republic.

Nehru is a thinker of immense national and international importance.

Through his writings, speeches, statements in Parliament, public platforms,
international gatherings and elsewhere, he unleashed seminal and
impregnated thoughts for the reordering of a developing democratic society.

Nehru was of the firm opinion that nothing was permanent in the
Constitution of India. For he believed that the coming generation could
change the basic features of the Constitution or could write a new
Constitution. During one of the debates in the Constituent Assembly of
India, Nehru said: “When the spirit of a nation breaks its bonds, it functions
in peculiar ways…. It may be that the Constitution this House may frame
may not satisfy free India; this House cannot bind down the next generation
or the people who will succeed us in this task.”

Ambedkar

Ambedkar was very much affected by Indian social system and ideologies
and was influenced by the Western modernism. He used the methodology
and strategy derived from the West to analyse Indian society. Though he
admired the ideals of western liberalism and Marxism, he perceived their
perfection in Buddhism. He suggested moderate ways to improve our
political and economic system and radical methods for the social and
religious reformation

 Dr. B.R. Ambedkar was the Chairman of the Drafting Committee

which played an important role in the formation of the Constitution.
 Dr. Ambedkar handled the task of presenting the draft constitution,
answering various questions raised on it, and making necessary
changes according to the suggestions of the Constituent Assembly.
 Due to his contributions towards the making of the Indian
Constitution, Dr. B.R. Ambedkar is called the Father of the Indian
Constitution.
 The Indian Constitution and its drafting process are often seen as
synonymous with Ambedkar. He is often referred to as the father of the
Indian Constitution, and is probably the most well-known of all
Constituent Assembly members.

Ambedkar became a key figure in India’s constitution-making process due

to the offices he held and his interventions and speeches in the Assembly.
He was the Chairman of the Assembly’s most crucial committee –
the Drafting Committee and a member of other important Committees. As
Drafting Committee Chairman, he had to defend the Draft Constitution
which the Committee prepared, and therefore intervened in nearly every
debate.

On behalf of the Scheduled Caste Federation party, Ambedkar wrote and

submitted States and Minorities to the Constituent Assembly's Sub-
Committee on Fundamental Rights. A mini-Constitution in itself, States and
Minorities framed strong constitutional protection for the Scheduled Caste
community.

Ambedkar’s interventions and speeches, on various aspects of the

Constitution, were insightful, well-reasoned and scrupulously researched.
This won him the support and respect of other members of the
Assembly who allowed him to lead the constitution-making project.

CHAPTER 6

WORKING OF THE CONSTITUTION

Fundamental rights

Fundamental rights are the basic human rights enshrined in

the Constitution of India which are guaranteed to all citizens. They are
applied without discrimination on the basis of race, religion, gender, etc.
Significantly, fundamental rights are enforceable by the courts, subject to
certain conditions.

Why are they called Fundamental Rights?

These rights are called fundamental rights because of two reasons:

1. They are enshrined in the Constitution which guarantees them

2. They are justiciable (enforceable by courts). In case of a violation, a

person can approach a court of law.

List of Fundamental Rights

There are six fundamental rights of Indian Constitution along with the
constitutional articles related to them are mentioned below:

1. Right to Equality (Article 14-18)

2. Right to Freedom (Article 19-22)

3. Right against Exploitation (Article 23-24)

4. Right to Freedom of Religion (Article 25-28)

5. Cultural and Educational Rights (Article 29-30)

6. Right to Constitutional Remedies (Article 32)

Why Right to Property is not a Fundamental Right?

There was one more fundamental right in the Constitution, i.e., the right to
property.
However, this right was removed from the list of fundamental rights by
the 44th Constitutional Amendment.

This was because this right proved to be a hindrance towards attaining the
goal of socialism and redistributing wealth (property) equitably among the
people.

1. Right to Equality (Articles 14 – 18)

Right to equality guarantees equal rights for everyone, irrespective of

religion, gender, caste, race or place of birth. It ensures equal employment
opportunities in the government and insures against discrimination by the
State in matters of employment on the basis of caste, religion, etc. This right
also includes the abolition of titles as well as untouchability. The types
of equality are:

1. Natural

2. Social

3. Civil

4. Political

5. Economic

6. Legal

The Right to Equality is one of the Fundamental Rights enshrined in the

Constitution of India. It is very important to understand what this right
entails and includes.

Equality before the law (Article 14)

Article 14 treats all people the same in the eyes of the law.

This provision states that all citizens will be treated equally before the
law.

The law of the country protects everybody equally.

 Under the same circumstances, the law will treat people in the same
manner.

Prohibition of discrimination (Article 15)

This article prohibits discrimination in any manner.

No citizen shall, on grounds only of race, religion, caste, place of birth,

sex, or any of them, be subject to any liability, disability, restriction or
condition with respect to:

 Access to public places

 Use of tanks, wells, ghats, etc. that are maintained by the State or
that are meant for the general public
 The article also mentions that special provision can be made for
women, children and the backward classes notwithstanding this
article.
 Equality of opportunity in matters of public employment (Article 16)

Article 16 provides equal employment opportunities in State service for all

citizens.

No citizen shall be discriminated against in matters of public employment

or appointment on the grounds of race, religion, caste, sex, place of birth,

descent or residence.

Exceptions to this can be made for providing special provisions for the

backward classes.

Abolition of untouchability (Article 17)

Article 17 prohibits the practice of untouchability.

Untouchability is abolished in all forms.

Any disability arising out of untouchability is made an offence.

Abolition of titles (Article 18)

Article 18 abolishes titles.

 The State shall not confer any titles except those which are academic or

military titles.

The article also prohibits citizens of India from accepting any titles from a

foreign State.

The article abolishes the titles that were awarded by the British
Empire such as Rai Bahadur, Khan Bahadur, etc.

Awards like Padma Shri, Padma Bhushan, Padma Vibhushan, Bharat

Ratnaand military honours like Ashok Chakra, Param Vir Chakra do not
belong to this category.

2. Right to Freedom (Articles 19 – 22)

Freedom is one of the most important ideals cherished by any democratic

society.

The Indian Constitution guarantees freedom to citizens. The freedom right

includes many rights such as:

Freedom of speech

Freedom of expression

Freedom of assembly without arms

Freedom of association

Freedom to practise any profession

Freedom to reside in any part of the country

The Right to Freedom is one of the Fundamental Rights guaranteed by the

Constitution of India. It is very important to understand what this right

entails and includes. The right to freedom guarantees freedom for citizens to
live a life of dignity among other things. These are given in Articles 19, 20,
21A and 22 of the Indian Constitution.

Article 19

Article 19 guarantees six freedoms. They are:

1. Freedom of speech and expression: The State guarantees freedom of

speech and expression to every person of India. However, the State can

impose restrictions on the freedom of speech and expression in the interests

of the integrity, security and sovereignty of the country, friendly relations

with foreign nations, for public order, with respect to defamation, incitement
to offence or contempt of court. Read more about the Freedom of Speech
and Expression here.

2. Freedom to assemble: The State guarantees every person the freedom to

assemble peacefully without arms. However, as above, reasonable

restrictions can be imposed in the interests of the sovereignty and integrity
ofthe country and public order.

3. Freedom to form associations/unions/cooperative societies: Again, the

State can impose restrictions in the interests of the integrity, security and

sovereignty of the country, friendly relations with foreign nations, for public

order, with respect to defamation, incitement to offence or contempt of

court.

This freedom gives workers the right to form trade union, which is thus a

fundamental right. The Police Forces (Restriction of Rights) Act, 1966

prohibits police personnel from forming trade unions. The Constitution also

allows the Parliament to pass a law restricting the right to form political

association to members of the armed forces, intelligence bureaus, persons

employed with telecommunication system.

4. Freedom to move freely: A citizen of India can move freely throughout the

territory of India. But this right can also be restricted on the grounds of

security, public order or for protecting the interests of the Scheduled Tribes.

5. Freedom of residence: Citizens of India have the right to reside in any part
of the country. Although restrictions can be imposed on the grounds of

security, public order or for protecting the interests of the Scheduled Tribes.

6. Freedom of profession: All citizens have the right to carry on any trade or

profession/occupation, provided the trade or occupation is not illegal or

immoral. Also, the law does not prevent the State from making laws related
to technical or professional qualifications required for practicing the
occupation or trade.

Article 20

Article 20 deals with the protection of citizens in respect of conviction for

offences.

This provides for three types of protection of the individual against the State.

1. Retrospective criminal legislation: This is also known as ex-post facto

criminal legislation. Under this, a person cannot be convicted for an act that

was committed at a time when the act had not been declared by law as an

offence.

a. This means that criminal legislation cannot be given a retrospective

effect.

b. This immunity cannot be used against the provision of preventive

detention, and also does not cover the trial.

c. The law also provides that a person cannot be subject to a punishment

greater than what is prescribed by law for the offence committed.

2. Double jeopardy: This indicates that a person cannot be convicted for the

same offence more than once.

3. Prohibition against self-incrimination: This implies that no person

accused of an offence shall be compelled by the State to bear witness
against himself.

Article 21
Article 21 states that no person shall be deprived of his life and personal
liberty by the State except as per the procedure established by law. This
article has a wide scope, and its interpretation has undergone many
changes over the decades.

The Supreme Court has interpreted the right to life as the right to a
dignified life.

This is the most important right in one sense, because, without this right
to life, all other fundamental rights would be meaningless.

It is this article that differentiates between a police state and a

constitutional state.

Article 21(A)

This article was introduced by the 86th Constitutional Amendment in 2002.

It provides that the State shall provide free and compulsory education to all
children between the ages of 6 and 14.

Article 22

Article 22 deals with the protection against arrest and detention in certain
cases.

This article is applicable to both citizens and non-citizens.

This provision extends certain procedural safeguards for individuals in

case of an arrest.

It comes into the picture after a person has been arrested. It is not a

fundamental right against detention and arrest.

The idea behind this right is to prevent arbitrary arrests and detention.

The article provides the following safeguards:

 Article 22(1) – Any person who is in custody has to be informed as to

why he has been arrested. Further, he cannot be denied the right to

consult an advocate.
  Article 22(2) – The arrested individual should be produced before a

judicial magistrate within 24 hours of his arrest.

 Article 22(3) – No individual who has been arrested can be kept in

custody for more than the period determined by the judicial magistrate.

These safeguards are, however, not applicable to

 Enemy aliens
 People arrested under preventive detention laws

What is Preventive Detention?

There are two types of detention:

1. Punitive

2. Preventive

Punitive detention is detention after a trial. Preventive detention is detention

without trial. The idea behind this is to prevent an individual from
committing a crime. This means that persons can be detained on grounds of
suspicion. The rights of people arrested in this manner are governed by
preventive detention laws.

3. Right against Exploitation (Articles 23 – 24)

This right implies the prohibition of traffic in human beings, begar, and
other forms of forced labour. It also implies the prohibition of children in
factories, etc. The Constitution prohibits the employment of children under
14 years in hazardous conditions.

The Right against Exploitation is enshrined in Articles 23 and 24 of the

Indian Constitution. These are important Fundamental Rights that
guarantee every citizen protection from any kind of forced labour. Right
against Exploitation
There are two articles of the Constitution which guarantee the right against

exploitation. They are described below:

Article 23 – Prohibition of traffic in human beings and forced labour

Article 23(1): Traffic in human beings and the beggar and other similar
forms of forced labour are prohibited and any contravention of this provision
shall be an offence punishable in accordance with the law.

Article 23(2): Nothing in this article shall prevent the State from imposing
compulsory service for public purposes, and in imposing such service the
State shall not make any discrimination on grounds only of religion, race,
caste or class or any of them.

Exploitation implies the misuse of others’ services by force and/or labour

without payment.

There were many marginalized communities in India who were forced to

engage in manual and agricultural labour without any payment.

Labour without payment is known as begar.

Article 23 forbids any form of exploitation.

Also, one cannot be forced to engage in labour against his/her will even if

remuneration is given.

Forced labour is forbidden by the Constitution. It is considered forced

labour if the less-than-minimum wage is paid.

This article also makes ‘bonded labour’ unconstitutional.

Bonded labour is when a person is forced to offer services out of a

loan/debt that cannot be repaid.

The Constitution makes coercion of any kind unconstitutional. Thus,

forcing landless persons into labour and forcing helpless women into
prostitution is unconstitutional.

The Article also makes trafficking unconstitutional.

 Trafficking involves the buying and selling of men and women for illegal
and immoral activities.

Even though the Constitution does not explicitly ban ‘slavery’, Article 23
has a wide scope because of the inclusion of the terms ‘forced labour’ and
‘traffic’.

Article 23 protects citizens not only against the State but also from private

citizens.

The State is obliged to protect citizens from these evils by taking punitive

action against perpetrators of these acts (which are considered crimes), and

also take positive actions to abolish these evils from society.

Under Article 35 of the Constitution, the Parliament is authorized to enact

laws to punish acts prohibited by Article 23.

Clause 2 implies that compulsory services for public purposes (such as

conscription to the armed forces) are not unconstitutional.

Laws passed by the Parliament in pursuance of Article 23:

 Suppression of Immoral Traffic in Women and Girls Act, 1956

 Bonded Labour System (Abolition) Act, 1976

Article 24 – Prohibition of employment of children in factories, etc.

Article 24 says that “No child below the age of fourteen years shall be
employed to work in any factory or mine or engaged in any other hazardous
employment.”

This Article forbids the employment of children below the age of 14 in any

hazardous industry or factories or mines, without exception.

However, the employment of children in non-hazardous work is allowed.

Laws that were passed in pursuance of Article 24 in India.

The Factories Act, 1948

This was the first act passed after independence to set a minimum age limit
for the employment of children in factories. The Act set a minimum age of 14
years. In 1954, this Act was amended to provide that children below the age
of 17 could not be employed at night.

The Mines Act of 1952

This Act prohibits the employment of people under the age of 18 years in
mines.

The Child Labour (Prohibition and Regulation) Act, 1986

This was a landmark law enacted to curb the menace of child labour
prevalent in India. It described where and how children could be employed
and where and howthis was forbidden. This Act designates a child as a
person who has not completed his/her 14th year of age. The 1986 Act
prohibits the employment of children in 13occupations and 57 processes.

Child Labour (Prohibition & Regulation) Amendment Act, 2016

This Act completely forbids the employment of children below 14 years of

age. It also bans the employment of people between the ages of 14 and 18 in
hazardous occupations and processes. Punishments to violators of this law
were made stricter by this amendment act. This Act allows children to be
employed in certain family occupations and also as artists.

Child Labour (Prohibition and Regulation) Amendment Rules, 2017

The government notified the above Rules in 2017 to provide a broad and
specific framework for prevention, prohibition, rescue, and rehabilitation of
child and adolescent workers. The Rules clarified on issues concerning the
employment of family enterprises and also provides safeguards for artists in
that the working hours and conditions are specified.

4. Right to Freedom of Religion (Articles 25 – 28)

This indicates the secular nature of Indian polity. There is equal respect
given to all religions. There is freedom of conscience, profession, practice
and propagation of religion. The State has no official religion. Every person
has the right to freely practice his or her faith, establish and maintain
religious and charitable institutions.

The Constitution of India guarantees the right to freedom of religion to not

only individuals but also religious groups in India. This is enshrined in
Articles 25 to 28.

Article 25 (Freedom of conscience and free profession, practice, and

propagation of religion)

Article 25 guarantees the freedom of conscience, the freedom to profess,

practice, and propagate religion to all citizens.

The above-mentioned freedoms are subject to public order, health, and

morality.

This article also gives a provision that the State can make laws:

 That regulates and restricts any financial, economic, political, or other

secular activity associated with any religious practice.

 That provides for the social welfare and reform or opening up of Hindu

religious institutions of a public character to all sections and classes of

Hindus. Under this provision, Hindus are construed as including the

people professing the Sikh, Jain, or Buddhist religions, and Hindu

institutions shall also be construed accordingly.

People of the Sikh faith wearing & carrying the kirpan shall be
considered as included in the profession of the Sikh religion.

Article 26 (Freedom to manage religious affairs)

This Article provides that every religious denomination has the following
rights, subject to morality, health, and public order.
1. The right to form and maintain institutions for religious and charitable
intents.

2. The right to manage its own affairs in the matter of religion.

3. The right to acquire the immovable and movable property.

4. The right to administer such property according to the law.

Article 27 (Freedom as to payment of taxes for promotion of any particular

religion)

According to Article 27 of the Constitution, there can be no taxes, the

proceeds of

which are directly used for the promotion and/or maintenance of any
particular religion/religious denomination.

Article 28 (Freedom as to attendance at religious instruction or religious

worship in certain educational institutions)

This article permits educational institutions that are maintained by religious

groups to disseminate religious instruction.

This provides that no religious instruction shall be provided in State-run

educational institutions.

Educational institutions administered by the State but that were

established under any endowment or trust which requires that religious
instruction shall be imparted in such institutions are exempt from the above
clause (that no religious instruction shall be provided).

Any person who attends any educational institution recognized by the

State or receiving State aid shall not be required to participate in any
religious instruction that may be imparted in such institution, or also attend
any religious worship in such institutions unless he/she has given consent
for the same. In the case of minors, the guardians should have given
consent for the same.
5. Cultural and Educational Rights (Articles 29 – 30)

These rights protect the rights of religious, cultural, and linguistic

minorities, by facilitating them to preserve their heritage and culture.
Educational rights are for ensuring education for everyone without any
discrimination.

Fundamental Rights guarantee basic rights to the citizens of India. There

are six fundamental rights enshrined in the Constitution of India, and
Articles 29 and 30 deals with the cultural and educational rights of Indian
citizens.

1. This fundamental right intends to preserve the culture of minority groups

in India.

2. Indian society is a composite heterogeneous one and its diversity is one of

its strengths.

3. The Constitution guarantees these rights to minorities so that the

diversity of this country is preserved and provides avenues for all groups
including marginalized ones to protect, preserve, and propagate their
culture.

Article 29 – Protection of Interests of Minorities

This article is intended to protect the interests of minority groups.

Article 29(1): This provides any section of the citizens residing in India
having a distinct culture, language, or script, the right to conserve their
culture, language, and script.

Article 29(2): The State shall not deny admission into educational institutes

maintained by it or those that receive aid from it to any person based only
on race, religion, caste, language, or any of them.

Article 30 – Right of Minorities to Establish and Administer Educational

Institutions This right is given to minorities to form and govern their own
educational institutions.
Article 30 is also called the “Charter of Education Rights”.

Article 30(1): All religious and linguistic minorities have the right to
establish and administer educational institutions of their choice. (Read
about Minority Protection in India in the linked article.)

Article 30(2): The State shall not, when granting aid to educational
institutions, discriminate against any educational institution on the ground
that it is under the management of a minority, whether based on religion or
language.

6. Right to Constitutional Remedies (32 – 35)

The Constitution guarantees remedies if citizens’ fundamental rights are

violated.

The government cannot infringe upon or curb anyone’s rights. When these
rights are violated, the aggrieved party can approach the courts. Citizens
can even go directlyto the Supreme Court which can issue writs for
enforcing fundamental rights.

Writs are written orders issued by the Supreme Court of India to provide

constitutional remedies to protect the fundamental rights of citizens from a

violation.

Facts about writs in India

Article 32 also empowers Parliament to authorize any other court to issue

these writs

Before 1950, only the High Courts of Calcutta, Bombay, and Madras had
the power to issue the writs

Article 226 empowers all the high courts of India to issue the writs

Writs of India are borrowed from English law where they are known as

‘Prerogative writs’

What is a Writ Petition?

A writ petition is essentially a court petition for extraordinary review, asking
a court to intervene in a lower court’s decision. Under the Indian legal
system, jurisdiction to issue ‘prerogative writs’ is given to the Supreme
Court and the High Courts of Judicature of all Indian states. Parts of the law
relating to writs are outlined in the Constitution of India.

Type of Writs

The Constitution empowers the Supreme Court and High Courts to issue
orders or writs.

The types of writs are:

Habeas Corpus

Certiorari

Prohibition

Mandamus

Quo Warranto

Habeas Corpus

Habeas Corpus is a writ that is enforced to protect the fundamental right to

liberty of an individual against unlawful detention. This writ commands a
public official to deliver a detained person in front of the court and provide
valid reasons for the detention. However, this writ cannot be issued in case
the proceeding is for contempt of a legislature or a court.

Certiorari

The writ of certiorari is issued to a lower court directing that the transfer of
a case for review, usually to overrule the judgment of the lower court. The
Supreme Court issues the writ of Certiorari in case the decision passed by
the lower court is challenged by the party. It is issued in case the higher
court finds it a matter of over jurisdiction or lack of jurisdiction.

It is one of the mechanisms by which the fundamental rights of the citizens

are upheld.

Prohibition
Prohibition is a writ issued by a higher court to a lower court to enforce
inactivity in the jurisdiction. It happens only in case the higher court is of
the discretion that the case falls outside the jurisdiction of the lower court.
Writ of Prohibition can only be issued against judicial and quasi-judicial
authorities.

Mandamus

The writ of mandamus is issued to a subordinate court, an officer of the

government, or a corporation or other institution commanding the
performance of certain acts or duties.

Unlike Habeas Corpus, Mandamus cannot be issued against a private

individual.

The writ of mandamus can be used to order the completion of a task or in

other cases, it may require an activity to be ceased.

Quo-Warranto

Quo warranto is issued against a person who claims or usurps a public

office. Through this writ, the court inquires ‘by what authority’ the person
supports his or her claim.

Through this writ, the court enquires into the legality of a claim of a person
to a public office. This writ prevents the illegal assumption of a public office
by an individual.

Suspension of Fundamental Rights

Fundamental rights can be suspended in the case of National Emergency

as mentioned under article 352.

The six fundamental rights under Article 19 are automatically suspended

in the case National Emergency is imposed on grounds of war or external
aggression which is stated under article 358.

Article 359 has the clause for suspension of other rights. In that case, a
separate notification has to be issued by the President.
 The rights mentioned under Article 20 and 21 can never be suspended.

Constitutional emergency and financial emergency cannot affect the

Fundamental Rights.

Status of Writs in Other Countries

1. The writs other than habeas corpus are discretionary remedies and have

been known as prerogative orders in England and Wales since 1938.

The writs of quo warranto and procedendo are now obsolete. The modified
names of certiorari, mandamus, and prohibition are mentioned under the
new Civil Procedure

Rules 1998 known as quashing orders, mandatory orders, and prohibiting

orders respectively.

1. Mandamus has been replaced by injunction in the United States district

courts.

2. The Supreme Court of the United States grants certiorari while the
supreme court of other states grant review.

Features of Fundamental Rights

Fundamental rights are different from ordinary legal rights in the manner
in which they are enforced. If a legal right is violated, the aggrieved person

cannot directly approach the SC bypassing the lower courts. He or she

should first approach the lower courts.

Some of the fundamental rights are available to all citizens while the rest
are for all persons (citizens and foreigners).

Fundamental rights are not absolute rights. They have reasonable

restrictions, which means they are subject to the conditions of state
security, public morality and decency and friendly relations with foreign
countries.

They are justiciable, implying they are enforceable by courts. People can

approach the SC directly in case of violation of fundamental rights.

 Fundamental rights can be amended by the Parliament by a constitutional

amendment but only if the amendment does not alter the basic structure of

the Constitution.

Fundamental rights can be suspended during a national emergency. But,

the rights guaranteed under Articles 20 and 21 cannot be suspended.

The application of fundamental rights can be restricted in an area that

has been placed under martial law or military rule.

Importance of Fundamental Rights

Fundamental rights are very important because they are like the backbone
of the country. They are essential for safeguarding the people’s interests.

According to Article 13, all laws that are violative of fundamental rights shall
be void.

Here, there is an express provision for judicial review. The SC and the High
Courts can declare any law unconstitutional on the grounds that it is
violative of the fundamental rights. Article 13 talks about not just laws, but
also ordinances, orders, regulations, notifications, etc.

Union state and interstate relations Art 263

The Constitution provides a federal system of government in the country

even though it describes India as ‘a Union of States’. The term implies that
firstly, the Indian federation is not the result of an agreement between
independent units and secondly, the units of Indian federation cannot leave
the federation.

India is a union of states. The constitution of India has divided the

legislative, executive and financial powers between the centre and the states,
which gives the constitution a federal character whereas judiciary is
integrated in a hierarchical structure.
The centre-state relations are divided into three parts, which are mentioned
below:

(A) Legislative Relations (Article 245-255)

(B) Administrative Relations (Article 256-263)

(C) Financial Relations (Article 268-293)

Administrative Relations
Article 256 to 263 deals with the administrative relations between the centre
and the states. Article 256 states that "the executive power of every State
shall be so exercised as to ensure compliance with the laws made by the
parliament and any existing laws which apply in that State, and the
executive power of the Union shall extend to the giving of such directions to
a State as may appear to the Government of India to be necessary for that
purpose".

Cooperation Between the Centre and the States

The constitution lays down various provisions to secure cooperation and
coordination between the centre and the states. These include:

(i) Article 261 states that "Full faith and credit shall be given throughout the
territory of India to public acts, records and judicial proceedings of the
Union and of every State".

(ii) According to Article 262, the parliament may by law provide for the
adjudication of any dispute or complaint with respect to the use,
distribution or control of the waters of, or in, any inter-State river or river
valley.

(iii) Article 263 empowers the President to establish an inter-State Council to

inquire into and advise upon disputes between states, to investigate and
discuss subjects in which some or all of the States, or the Union and one or
more of the States, have a common interest.
 (iv) As per Article 307, Parliament may by law appoint such authority as it
considers appropriate for carrying out the purposes of the constitutional
provisions related to the inter-state freedom of trade and commerce.

Establishment of an Inter-state council under Article 263

1. Decentralization of powers to the states as much as possible
2. More transfer of financial resources to the states
3. Arrangements for devolution in such a way that the states can fulfil their
obligations
4. Advancement of loans to states should be related to as ‘the productive
principle’.
5. Deployment of central armed forces in the states either on their request or
otherwise
During state emergency, under Article 356, President's Rule can be imposed
in event of the failure of constitutional machinery in a state.

Constitution also defines certain duties for the council

1. Inquiring into and advising upon disputes which may arise

between the states
2. Investigation and discussing subjects in which the states or the
centre and the states have a common interest
3. Making recommendation on any subject for the better co-
ordination of policy and action

Composition of the council

1. PM as chairman
2. CM of all the states
3. CM of UTS having legislative assemblies
4. Administrators of UTs not having legislative assemblies
5. Governors of states under President’s rule
6. Six Central cabinet ministers, including the home minister, to be
nominated by the PM
 7. Five ministers of the cabinet rank are permanent invitees of the
council

 The council meeting are supposed to be held thrice a year and its
decisions on all questions are decided by consensus
 A standing committee of the council was setup in 1996 for
continuous consultation and processing of matters for the
consideration of the council. The chairman of this standing
committee is Union Home Minister

Benefits of inter-state council

1. The ISC is the only multilateral centre-state forum that operates

directly within the framework of the Constitution (Article 263 (b)
and (c)) where topics like the GST and contemporary issues like
disaster management, terrorism and internal security can be
taken up.
2. The constitutional backing of ISC puts the states on more solid
footing—an essential ingredient in building the atmosphere of
cooperation needed for calibrating centre-state relations.
3. The council will help bridge the trust deficit between the centre
and the states. If not always a problem solver, it at least acted as
a safety valve.

Important Amendments of the Indian Constitution

1. First Amendment Act, 1951

The state was given the authority to create specific arrangements for the
progress of socially and economically disadvantaged classes.

The Ninth Schedule was added.

 Some additional Acts were included in the Ninth Schedule. This was
accommodated by Fourth Amendment Act, 1955.
 Inclusion of the 44 additional Acts in the Ninth Schedule was
accommodated by the 17th Amendment Act, 1964.
 The inclusion of the two Kerala Acts on land reforms was accommodated by
the 29th Amendment Act, 1972 in the Ninth Schedule.
 Inclusion of the twenty additional land tenure and land reforms acts from
various states in the Ninth Schedule was accommodated by 34th
Amendment Act, 1974.

2. Second Amendment Act, 1952

 The measure of representation in the Lok Sabha has been rebalanced, such
that one member can now represent more than 7.5 lakh people.

3. Seventh Amendment Act, 1956

 The concept of a joint High Court for two or more states was presented.
 Class A, B, C, and D states were abolished, and 14 states and six union
territories were constituted.
 The establishment of Union Territories was proposed.

4. Ninth Amendment Act, 1960

Adjustments to Indian territory as a result of a 1958 agreement with

Pakistan:

 Cession of Berubari Union territory in India to Pakistan.

5. Tenth Amendment Act, 1961

Dadra, Haveli, and Nagar were admitted to the Union of India as Union
Territories.

6. 12th Amendment Act, 1962

 Goa, Diu, and Daman were admitted to the Indian Union as Union
Territories.
 7. 13th Amendment Act, 1962

 Under Article 371A, Nagaland was granted special status.

8. 14th Amendment Act, 1962

 Pondicherry was brought into the Indian Union, and the legislature and
council of ministers were handed to Himachal Pradesh, Goa, Tripura,
Daman and Diu, Manipur, and Puducherry.

9. 19th Amendment Act, 1966

 Election Tribunals were disbanded, and High Courts were given the
authority to consider election petitions.

10. 21st Amendment Act, 1967

 Sindhi was included in the Indian Constitution’s 8th Schedule.

11. 24th Amendment Act, 1971

 The President’s approval of the Constitutional Amendment Bill has been

made mandatory.

12. 25th Amendment Act, 1971

 The fundamental right to property has been restricted.

13. 26th Amendment Act, 1971

 The Privy Purse and the rights of old princely state rulers were eliminated.

14. 31st Amendment Act, 1972

 The number of Lok Sabha seats was raised from 525 to 545.

15. 35th Amendment Act, 1974

 Sikkim’s position as a protectorate state was dissolved, and Sikkim was
elevated to the status of ‘Associate State’ of India.

16. 36th Amendment Act, 1975

 Sikkim was elevated to the status of a full-fledged state of India.

17. 52nd Amendment Act, 1985

 A new tenth Schedule was introduced to include anti-defection legislation.

18. 61st Amendment Act, 1989

 For both Lok Sabha and Legislative Assemblies elections, the voting age was
reduced from 21 to 18.

19. 65th Amendment Act, 1990

 The post of a special officer for SCs and STs was abolished, and a multi-
member National Commission for SC/STs was created.

20. 69th Amendment Act, 1991

 The Union Territory of Delhi was designated as the ‘National Capital

Territory of Delhi.’

21. 71st Amendment Act, 1992

 The total number of official languages now stands at 18.

22. 73rd Amendment Act, 1992

 Constitutional status was granted to Panchayati Raj institutions.

23. 74th Amendment Act, 1992

Local governments in cities have been accorded constitutional standing.

24. 101st Amendment Act, 2016

The Goods and Services Tax (GST) was implemented.

25. 102nd Amendment Act, 2018

The National Commission for Backward Classes was granted constitutional

status.

105th Amendment Act of 2021 brought the latest amendment in the

Constitution of India. The Constitution (One Hundred and Fifth
Amendment) Act, 2021 is designed to clarify that the states can maintain
the “state list” of OBCs.

Parliamentary committees

Indian Constitution mentions two kinds of Parliamentary Committees –

Standing Committees and Ad Hoc Committees. Any subject related to these
committees is dealt with Article 118 (1) of the Indian Constitution.

Standing Committees
There are six types of standing committees in India. They are permanent in
nature.
. Financial Committees
There are three categories of Financial Committees:

 Public Accounts Committee – It examins the annual reports of the

Government and scrutinizes the reports of Comptroller and Auditor
General laid in the parliament by the President.
 Estimates Committee – It examines the estimates of the expenditure
proposed by the government in the budget and suggests ‘economies’ in
public expenditure.
 Committee on Public Undertakings- It examines the reports and
accounts of public undertakings

Department Standing Committees

There are a total of 24 Departmental Standing Committees:- 8 under Rajya
Sabha and 16 under Lok Sabha. The list of these committees is given in the
table below:
Committee on Agriculture
Committee on Information Technology
Committee on Defence
Committee on Energy
Committee on External Affairs
Committee on Finance
Committee on Food, Consumer Affairs and Public Distribution
Committee on Labour
Committee on Petroleum & Natural
Committee on Railways
Committee on Urban Development
Committee on Water Resources
Committee on Chemicals and Fertilizers
Committee on Rural Development
Committee on Coal and Steel
Committee on Social Justice and Empowerment
Features of standing committees

1. They work upon the demand for grants of the concerned ministries.
They don’t propose any cut-motion
2. They examine the bills of the concerned ministry
3. They work upon the annual reports of the ministries
4. They also consider policy documents presented the ministries before
both the houses
5. They don’t consider day-to-day administration
6. They generally don’t intervene into matters taken up by another
departmental standing committees
7. Recommendations made them are advisory in nature, hence are not
binding on the Parliament

Committees to Inquire
There are three types:

 Committee on Petitions – Whenever there is a petition on a bill or if

there is any matter of general public importance, this committee
examines those.
 Committee of Privileges – If any member of the house breaches the
code of it, this committee acts upon it and proposes a suitable action.
It is semi-judicial in nature. In Lok Sabha it has 15 members, in Rajya
Sabha, it has 10.
  Ethics Committee – If any member of the house misconducts and
shows indiscipline, this committee acts upon that and decides
suitable action.

Committees to Scrutinize and Control

There are six types of these committees which are given below:

 Committee on Government Assurance – Whenever a minister makes

any promise, or assure, or take any undertaking in Lok Sabha; this
committee examines the extent of such promises, assurances and
undertakings carried through by him/her. It has 15 members in Lok
Sabha and 10 members in Rajya Sabha
 Committee on Subordinate Legislation – It examines whether the
executives are exercising well, their powers to make regulations, rules,
sub-rules and bye-laws delegated by the Parliament or conferred by
the Constitution. In both the houses, it comprises 15 people
 Committee on Papers laid on the table – When ministers lay any paper
on the table, this committee scrutinizes the credibility of the paper
and if that paper complies with the provision of the constitution. It
has 15 members in Lok Sabha and 10 in Rajya Sabha.
 Committee on Welfare of SCs & STs – It consists of 30 members. 20
are taken from Lok Sabha and 10 from Rajya Sabha. Reports of
National Commission for SCs and National Commission for STs are
considered by this committee
 Committee on Empowerment of women – The report of National
Commission for women is considered by this committee.
 Joint Committee on Offices of Profit – This committee examines the
composition and character of committees and other bodies appointed
by the Central, state and union territory governments and
recommends whether persons holding these offices should be
disqualified from being elected as members of Parliament or not..

Committees relating to the day-to-day business of the house

There are four types of this committee mentioned below:

 Business Advisory Committee – It regulates the time-table of the

house.
 Committee on Private Members’ Bills and Resolutions – It classifies
bills and allocates time for the discussion on bills and resolutions
introduced by private members
 Rules Committee – If there is any need of amendment in the rules of
the house, this committee makes a proposal
 Committee on Absence of Members – All the leave applications,
applied by the member of the houses are taken up by this committee.
House-Keeping Committees
There are four types of this committee mentioned below:

 General Purposes Committee – Matters that do not fall under the

jurisdiction of other parliamentary committees are taken up by this
committee. The members of this committee comprise :
 Presiding officer (Speaker / Chairman) as its ex-officio chairman
 Deputy Speaker (Deputy Chairman in the case of Rajya Sabha)
 Members of the panel of chairpersons (panel of vice-
chairpersons in the case of Rajya Sabha)
 Chairpersons of all the departmental standing committees of the
House
 Leaders of recognised parties and groups in the House and,
 Other members as nominated by the presiding officer
 House Committee – The facilities given to the members of the houses
in the name of residences, food, medical aid, etc are supervised by
this committee
 Library Committee – The library of the houses and the amenities
attached with it are managed by this committee

Ad-Hoc Committees
There are two types of ad-hoc committees. They are temporary in nature.
The details of these committees are given below:
Inquiry Committees
These committees can be proposed by either house or can also be appointed
by the speaker/chairman of the respective house. Few examples of Inquire
Committees are:

 Joint Committee on Bofors Contract

 Joint Committee on Fertilizer Pricing
 Joint Committee to Enquire into Irregularities in Securities and
Banking Transactions
 Joint Committee on Stock Market Scam, etc.

Advisory Committees

These committees are select or joint committees appointed for the matters of
bills. They report on particular bills. They are different from the inquiry
committees as the procedure that they follow are laid down in the Rules of
Procedure and also are directed by the Lok Sabha speaker or Rajya Sabha
chairman.
Whenever a bill is introduced in either house, they refer it to the select
committee which scrutinizes it clause-by-clause.
UNIT III
CHAPTER 7
PARLIAMENTARY AND CONSTITUTIONAL INSTITUTIONS

LEGISLATURE, EXECUTIVE AND JUDICIARY

The three branches of the government are the executive, the legislature and
the judiciary. Although the three have distinct functions to perform, their
scope sometimes meet.
In India, a separation of functions rather than of powers is followed. Unlike
in the US, in India, the concept of separation of powers is not adhered to
strictly. However, a system of checks and balances have been put in place in
such a manner that the judiciary has the power to strike down any
unconstitutional laws passed by the legislature.
Today, most of the constitutional systems do not have a strict separation of
powers between the various organs in the classical sense because it is
impractical.

Legislative

Legislature of the Union, which is called Parliament, consists of the

President and two Houses, known as Council of States (Rajya
Sabha) and House of the People (Lok Sabha). Each House has to meet
within six months of its previous sitting. A joint sitting of two Houses can be
held in certain cases.
Rajya Sabha

The Constitution provides that the Rajya Sabha shall consist of 250
members, of which 12 members shall be nominated by the President from
amongst persons having special knowledge or practical experience in respect
of such matters as literature, science, art and social service; and not more
than 238 representatives of the States and of the Union Territories.

Elections to the Rajya Sabha are indirect; members representing States are
elected by elected members of legislative assemblies of the States in
accordance with the system of proportional representation by means of the
single transferable vote, and those representing Union Territories are chosen
in such manner as Parliament may by law prescribe. The Rajya Sabha is not
subject to dissolution; one-third of its members retire every second year.

Rajya Sabha, at present, has 245 seats. Of these, 233 members represent
the States and the Union Territories, and 12 members are nominated by the
President.

Functions:

Rajya Sabha has an important role of reviewing and altering the

laws initiated by the Lok Sabha.

It can also initiate legislation and a bill is required to pass through the Rajya

Sabha in order to become a law.

Power:

State Related Matters: The Rajya Sabha provides representation to the

States.

Therefore, any matter that affects the States must be referred to it for its

consent and approval.

If the Union Parliament wishes to remove/transfer a matter from the State

list, the approval of the Rajya Sabha is necessary.

Lok Sabha

 The Lok Sabha is composed of representatives of people chosen by

direct election on the basis of adult suffrage.
 The maximum strength of the House envisaged by the Constitution is
now 552 The total elective membership of the Lok Sabha is distributed
among States in such a way that the ratio between the number of
seats allotted to each State and population of the State is, as far as
practicable, the same for all States.
 The Lok Sabha at present consists of 545 members. Of these, 530
members are directly elected from the States and 13 from Union
Territories, while two are nominated by the President to represent the
Anglo-Indian community.
 Following the Constitution 84th Amendment Act, the total number of
existing seats as allocated to various States in the Lok Sabha on the
basis of the 1971 census, shall remain unaltered till the first census
to be taken after the year 2026.

 The term of the Lok Sabha, unless dissolved earlier, is five years from
the date appointed for its first meeting. However, while a proclamation
of emergency is in operation, this period may be extended by
Parliament by law for a period not exceeding one year at a time, and
not extending in any case, beyond a period of six months after the
proclamation has ceased to operate.

 Fourteen Lok Sabhas have been constituted so far.

Functions: One of the most important functions of the Lok Sabha is

to select the executive, a group of persons who work together to
implement the laws made by the Parliament. This executive is often
what we have in mind when we use the term government.

Powers:

 Decisions in Joint Sitting: Any ordinary law needs to be passed by

both the Houses. However, in case of any difference between the two
Houses, the final decision is taken by calling a joint session of both
the Houses.
 Due to a larger strength, the view of the Lok Sabha is likely to
prevail in such a meeting.
 Power in Money Matters: Lok Sabha exercises more powers in money
matters. Once the Lok Sabha passes the budget of the government or
 any other money related law, the Rajya Sabha cannot reject it. The
Rajya Sabha can only delay it by 14 days or suggest changes in it,
however, the former may or may not accept these changes.
 Power over Council of Ministers: The Lok Sabha controls the Council
of Ministers. If the majority of the Lok Sabha members say they have
‘no confidence’ in the Council of Ministers, all ministers including the
Prime Minister, have to quit. The Rajya Sabha does not have this
power.

Qualification for Membership of Parliament

In order to be chosen a member of Parliament, a person must be a citizen of

India and not less than 30 years of age in the case of Rajya Sabha and not
less than 25 years of age in the case of Lok Sabha. Additional qualifications
may be prescribed by Parliament by law.

President:

About: The President of India is not a member of either of the

Houses and does not sit in the Parliament to attend its meetings, but s/he
is an integral part of the Parliament.

He/She is the head of the state and is the highest formal authority in the
country.

Appointment: The elected Members of Parliament (MPs) and the elected

Members of the Legislative Assemblies (MLAs) elect the President of India.

Powers:

Assent for Passing a Bill: A bill passed by both the Houses of Parliament
cannot become law without the President’s assent.
Summoning and Prorogation of Houses: He has the power to summon and
prorogue both the Houses, dissolve the Lok Sabha and issue
ordinances when the Houses are not in session.

Functions and Powers of Parliament

The Parliament in India has the cardinal functions of legislation, overseeing

of administration, passing of the Budget, ventilation of public grievances
and discussing various subjects like development plans, national policies
and international relations. There is a general predominance of Parliament
in the legislative field.

Apart from a wide-range of subjects, even in normal times, the Parliament

can, under certain circumstances, assume legislative power with respect to
a subject falling within the sphere exclusively reserved for the States.

The Parliament is also vested with powers to impeach the President and to
remove the Judges of Supreme Court and High Courts, the Chief Election
Commissioner and the Comptroller and Auditor General in accordance with
the procedure laid down in the Constitution.

All legislation require consent of both the Houses of Parliament. In the case
of money bills, however, the will of the Lok Sabha prevails. Delegated
legislation is also subject to review and control by Parliament. Besides the
power to legislate, the Constitution vests in Parliament the power to initiate
amendment of the Constitution.

EXECUTIVE

Executive includes the political executive (Ministers and Head of State)

and the non the executive department consists of all government
officials except those acting in legislative or judicial capacity.

It includes all the agencies of government that are concerned with the
execution of states will as expressed in terms of law.

The executive includes the political executive (Ministers and Head of

State) and the non-political permanent executive (Civil Service or
Bureaucracy).
 Political permanent executive (Civil Service or Bureaucracy). The
political executive performs the function of making policies and
ensuring that all the laws are properly enforced by all the departments
of the government.

The permanent executive i.e. bureaucracy/civil service runs the

day-to- day administration and works in government departments. It
works under the supervision and control of the political executive.

(i) The Political Executive (Ministers):

It consists of the executive head of the state and other heads of the

executive departments is ministers. Ministers are political leaders. They are

mostly elected representative of the people and responsible for all their

decisions and policies before the public. Political Executive work for a fixed

tenure of about 5 years.

It acts as a temporary executive in the sense that it changes after

every election. After completing one tenure, ministers have to again
contest elections. They can again become ministers only when the
party to which they belong returns to power as the majority party.

The ministers are amateurs, non-experts and non-professionals. Their

function is to formulate policies and get these policies and laws
approved from the Legislature. Thereafter these policies and laws of
the State are implemented by the civil servants, who work under the
control of Political Executive. The political executive heads the
government. Each minister is head of a department or some of the
government.

(ii) The Non-political Permanent Executive (Civil Servants):

It consists of the civil servants (Bureaucracy) from the lowest to the highest

levels. It carries out the day to day administration by working in the

government departments.
Their job is to carry out the laws and policies of the government without any

political consideration. They are specially educated and trained persons.

They are experts and professionals. They give expert advice and opinion as

well as collect, classify and present data to the political executive on the

basis of which the latter takes all decisions.

Once appointed, the civil servants remain in office till the attainment of the

retirement age, usually up to the age of 55 or 60 years. They get regular and

fixed salaries and are hierarchically organised into higher and lower

relationships.

Functions of the Executive:

1. Enforcement of Laws:
The primary function of executive is to enforce laws and to maintain
law and order in the state. Whenever a breach of law takes place, it is
the responsibility of the executive to plug the breach and bring the
offenders to book.

Each government department is responsible for the implementation of

the laws and policies concerning its work.

For maintaining law and order in the state, the executive organises
and maintains the police force.

2. Appointment-making Functions:

All major appointments are made by the chief executive. As for example, the

President of India appoints the Chief Justice and other Judges of the

Supreme Court and High Courts. Ambassadors, Advocate General of India,

Members of Union Public Service Commission, Governors of States etc.

The Union Public Service Commission annually holds competitive

examinations for All India Services, Central Services and Allied
Services.
It recruits on merit, candidates for appointment to these cadres. The

appointments are done by the Chief executive in accordance with the

recommendations of the UPSC. Similar practice prevails in almost all the

states. As such appointment-making is a function of the executive.

3. Treaty-making Functions:

It is the responsibility of the executive to decide as to which treaties are to

be signed with which other countries. The executive negotiates the treaties

in accordance with the procedure defined by international law and also in

accordance with the provisions the constitution of the state.

Each treaty is signed by a member of the executive. Most of the treaties also

require ratification by the legislature of the State.

4. Defence, War and Peace Functions:

It is the responsibility of the executive to defend and preserve the unity and

integrity of the country and protect it in the event of an external aggression

or war. To organise military for the defence of the state, to prepare for and

fight the war, if it becomes necessary, and to negotiate and sign peace

settlement after every war, are the functions performed by the executive.

The executive is the final judge of the nature of the threat to the security of

the country. It has the prime responsibility to take all such steps as are

needed in the interest of the security and integrity of the state. The chief

executive of the state is also the supreme commander of the armed forces of

the state.

4. Foreign Policy-making and the Conduct of Foreign Relations:

It is one of the most important functions of a government to formulate

the foreign policy of the state and to conduct foreign relations. This
 function is also performed by the executive. The executive appoints the

ambassadors of the state to other states.

5. Policy-making:

It has to formulate policies, prepare short-term and long-term plans and

implement the socio- economic- cultural development of its people. these.

All actions of the state are guided by definite policies and plans.

It is the executive which undertakes the task of policy-making and

developmental planning. These are the two most important functions of the

executive, because by these the state carries out its objective of promoting

the welfare of its people.

6. Functions relating to Law-making:

The executive also plays a role in law-making. In this sphere too the role

of the executive has been increasing by leaps and bounds.

Most of the bills for legislation are introduced and piloted by them in the

legislature. Most of the time of the legislature is spent in passing the

governmental bills. The bills passed by the legislature become laws only
after these are signed by the Head of the State.

7.Law-making under the system of Delegated Legislation:

The system of delegated legislation has considerably increased the

law-making role of the executive. Under this system, the legislature

delegates some of its law-making powers to the executive. The

executive then makes rules on the basis of these powers. The amount

of delegated legislation made by the executive far out-weighs the laws

passed by the legislature.

8. Financial Functions:
It has the responsibility to prepare the budget. It proposes the levy of

new taxes or changes in tax structure and administration. It collects

and spends the money as sanctioned by the legislature.

The executive decides the ways and means through which the money

is to be collected and spent. It formulates all economic policies and

plans. It takes suitable measures for regulating the production and

distribution of goods, money supply, prices and exports and imports.

It contracts foreign loans, negotiates foreign aid and maintains the

financial credibility of the state.

9. Some Semi-Judicial Functions:

The appointment of judges by the executive is regarded as the best

method for ensuring the independence of judiciary. In almost all

democratic systems, the chief executive has the power to appoint

judges. Further, he has the right to grant pardon, reprieve and

amnesty to criminals. Under the system of administrative

adjudication, the executive agencies have the power to hear and

decide cases involving particular fields of administrative activity.

10. Grant of Titles and Honours:

Another important function of the executive is to grant titles and

honours to the people in recognition of their meritorious services to

the nation. Such persons who do commendable work in their

respective spheres of activity—Art, Science, Literature etc. are granted

titles by the executive.

It also grants titles to such defence personnel who show exemplary

courage and devotion to duty during war or peace. Even ordinary

citizens are granted honours in recognition of their meritorious work
 for the society. All decisions in this respect are taken by the executive.

These are the major functions performed by the Executive. Executive

has indeed emerged as the most powerful organ of the government.

Types of Executive:

1. Nominal/Titular and Real Executives:

The difference between the nominal/titular and real executives is made

only in a parliamentary system of government. In it, the head of state, the

President or the Monarch, is the nominal executive and the Council of

Ministers headed by the Prime Minister is the real executive. All the

powers are legally the powers of the nominal executive but in practice
these are exercised by the real executive.

The nominal executive is not responsible for its actions as these are

performed in its name by the real executive. The real executive is

responsible for all the actions of the nominal executive. The nominal

executive is the ceremonial and dignified part of the executive, whereas the

real executive is its powerful part.

2. Hereditary and Elected Executives:

When the executive assumes office by the law of hereditary

succession, it is called the hereditary executive. When the executive is

directly or indirectly elected by the people for a fixed period or even for

life, it is called the elected executive. In Britain, Japan and Malaysia

there are hereditary chief executives. In India, USA, Germany and

many other states there are elected chief executives.

3. Single and Plural Executives:

When all the executive powers are in the hands of a single

functionary/leader, it is called a single executive. In India, all the

executive powers are with the President of India. When the executive
 powers are vested with a group of persons or in a

committee/council/commission and these are collectively exercised by

all the members of this commission/council, the executive is called

the Plural Executive.

4. Parliamentary and Presidential Executives:

The distinction between the parliamentary and presidential executives

is made on the basis of relationship between the legislature and

executive.

In Parliamentary Executive there is:

(i) A close relationship between legislature and executive and members

of the executive are also members of the legislature,

(ii) The members of political executive is individually and collectively

responsible before the legislature,

(iii) The tenure of the political executive is not fixed as it can be at any

time removed by the legislature, and

(iv) The legislative can be dissolved by the executive.

In a Presidential Executive, there is:

(i) Separation of powers between the executive and the legislature;

(ii) The membership of the two organs is incompatible i.e. member of

one cannot be a member of the other;

(iii) The executive is not responsible to the legislature; and

(iv) Neither can dissolve nor remove the other.

JUDICIARY

The judiciary is that branch of the government that interprets the law,
settles disputes and administers justice to all citizens. The judiciary is
considered the watchdog of democracy, and also the guardian of the
Constitution. For democracy to function effectively, it is imperative to have
an impartial and independent judiciary.

Independent Indian Judiciary

  It means that the other branches of the government, namely, the
executive and the legislature, does not interfere with the judiciary’s
functioning.
 The judiciary’s decision is respected and not interfered with by the
other organs.
 It also means that judges can perform their duties without fear or
favour.
Independence of the judiciary also does not mean that the judiciary
functions arbitrarily and without any accountability. It is accountable to the
Constitution of the country.

India has a single integrated judicial system. The judiciary in India

has a pyramidal structure with the Supreme Court (SC) at the top.

High Courts are below the SC, and below them are the district and

subordinate courts. The lower courts function under the direct

superintendence of the higher courts.

There are two branches of the legal system, which are:

1. Criminal Law: These deal with the committing of a crime by any

citizen/entity. A criminal case starts when the local police file a crime
report. The court finally decides on the matter.
2. Civil Law: These deal with disputes over the violation of the
Fundamental Rights of a citizen.

Supreme Court has three types of jurisdictions. They are original, appellate
and advisory. The jurisdiction of the Supreme Court is mentioned in Articles
131, 133, 136 and 143 of the Constitution.

Functions of Indian Judiciary

The functions of the judiciary in India are:

1. Administration of justice: The chief function of the judiciary is to

apply the law to specific cases or in settling disputes. When a dispute
is brought before the courts it ‘determines the facts’ involved through
evidence presented by the contestants. The law then proceeds to
decide what law is applicable to the case and applies it. If someone is
found guilty of violating the law in the course of the trial, the court
will impose a penalty on the guilty person.
2. Creation of judge-case law: In many cases, the judges are not able
to, or find it difficult to select the appropriate law for application. In
such cases, judges have built up a great body of ‘judge-made law’ or
‘case law.’ As per the doctrine of ‘stare decisis’, the previous decisions
of judges are generally regarded as binding on later judges in similar
cases.
3. Guardian of the Constitution: The highest court in India, the SC,
acts as the guardian of the Constitution. The conflicts of jurisdiction
between the central government and the state governments or
between the legislature and the executive are decided by the court.
Any law or executive order which violates any provision of the
constitution is declared unconstitutional or null and void by the
judiciary. This is called ‘judicial review.’ Judicial review has the merit
of guaranteeing the fundamental rights of individuals and ensuring a
balance between the union and the units in a federal state.
4. Protector of Fundamental Rights: The judiciary ensures that
people’s rights are not trampled upon by the State or any other
agency. The superior courts enforce Fundamental Rights by issuing
writs.
5. Supervisory functions: The higher courts also perform the function
of supervising the subordinate courts in India.
6. Advisory functions: The SC in India performs an advisory function as
well. It can give its advisory opinions on constitutional questions. This
is done in the absence of disputes and when the executive so desires.
7. Administrative functions: Some functions of the courts are non-
judicial or administrative in nature. The courts may grant certain
licenses, administer the estates (property) of deceased persons and
appoint receivers. They register marriages, appoint guardians of minor
children and lunatics.
8. Special role in a federation: In a federal system like India’s, the
judiciary also performs the important task of settling disputes
between the centre and states. It also acts as an arbiter of disputes
between states.
9. Conducting judicial enquiries: Judges normally are called to head
commissions that enquire into cases of errors or omissions on the part
of public servants.
 HIGH COURTS

The High Court is the supreme judicial body in a state. According to

Article 214, each state of India shall have a High Court. However,
Article 231 also mentions that there can be a common High Court for
two or more States or for two or more states and a union territory.

There are 25 High Courts in India, six having control over more than
one State/UT. Delhi has a High Court of its own among the Union
Territories. Each High Court shall consist of a Chief Justice and such
other judges as appointed by the President of India.

Composition of the High Court

  Every High Court comprises of a Chief Justice and other judges
appointed by President.
 There is no fixed minimum number of judges for the High Courts. It
varies from Court to Court and from State to State.
Qualifications and Tenure
A person shall not be fit for appointment as a Judge of the High Court
unless

 He is a citizen of India
 He should have held a judicial office in the territory of India for ten
years
 He has been for at least 10 years an advocate of one or two or more
High Court.

Jurisdiction

Original Jurisdiction

 The High Courts of Calcutta, Bombay and Madras have original

jurisdiction in criminal and civil cases arising within these cities.
 An exclusive right enjoyed by these High Courts is that they are entitled
to hear civil cases which involve property worth over Rs.20000.
 Regarding Fundamental Rights: They are empowered to issue writs in
order to enforce fundamental rights.
 With respect to other cases: All High Courts have original jurisdiction
in cases that are related to will, divorce, contempt of court and
admiralty.
 Election petitions can be heard by the High Courts.

Appellate Jurisdiction

 In civil cases: an appeal can be made to the High Court against a

district court’s decision.
 An appeal can also be made from the subordinate court directly if the
dispute involves a value higher than Rs. 5000/- or on a question of fact
or law.
 In criminal cases: it extends to cases decided by Sessions and
Additional Sessions Judges.
 If the sessions judge has awarded imprisonment for 7 years or
more.
 If the sessions judge has awarded capital punishment.
 The jurisdiction of the High Court extends to all cases under the State
or federal laws.
 In constitutional cases: if the High Court certifies that a case involves
a substantial question of law.
High Court- Powers
Apart from the above, the High Courts have several functions and powers
which are described below.

As a Court of Record

 High Courts are also Courts of Record (like the Supreme Court).
 The records of the judgements of the High Courts can be used by
subordinate courts for deciding cases.
 All High Courts have the power to punish all cases of contempt by any
person or institution.

Administrative Powers

1. It superintends and controls all the subordinate courts.

2. It can ask for details of proceedings from subordinate courts.
3. It issues rules regarding the working of the subordinate courts.
4. It can transfer any case from one court to another and can also transfer
the case to itself and decide the same.
5. It can enquire into the records or other connected documents of any
subordinate court.
6. It can appoint its administration staff and determine their salaries and
allowances, and conditions of service.

Power of Judicial Review

High Courts have the power of judicial review. They have the power to declare
any law or ordinance unconstitutional if it is found to be against the Indian
Constitution.

Power of Certification
A High Court alone can certify the cases fit for appeal before the Supreme
Court.

ELECTION COMMISSION

Election Commission of India (ECI)

The Constitution of India has established a permanent and independent body

to ensure free and fair elections in the country known as the Election
Commission.

The commission is responsible for holding Lok Sabha elections of India. The

Constitution provides the Election Commission of India with the power of

direction, superintendence, and control of elections to parliament, state
legislatures, the office of president of India and the office of vice-president of
India. The Election Commission is an all-India body that is common to both
the Central government and the State governments. It must be noted here
that the commission does not deal with the elections to the Municipalities and
Panchayats in the states. Hence, a separate State Election Commission is
provided by the Constitution of India.

Constitutional Appointment of ECI

Since its inception in 1950 and till 15 October 1989, the election commission
was a one-member body with only the Chief Election Commissioner (CEC) as
its sole member.

On 16 October 1989, the voting age was changed from 21 to 18 years. So,

two more election commissioners were appointed by the president in order to

cope with the increased work of the election commission.

Since then, the Election Commission was a multi-member body that

consisted of 3 election commissioners.

Later on, the two posts of election commissioners were eliminated in

January 1990 and the Election Commission was reverted to the previous
position.

This was repeated again later in October 1993 when the president appointed

two more election commissioners. Since then, the Election Commission

functions as a multi-member body comprising of 3 commissioners.

The chief and the two other election commissioners have the same powers

and emoluments including salaries, which are the same as a Supreme Court

judge.

In case of a difference of opinion amongst the Chief Election Commissioner

and/or two other election commissioners, the matter is decided by the

Commission by a majority.

The office is held by them for a term of 6 years or until they attain 65 years,

whichever happens first. They can also be removed or can resign at any time
before the expiry of their term.

Independence of the Election Commission

Article 324 of The Constitution of India mentions the provisions to safeguard

and ensure the independent and impartial functioning of the Election
Commission which is as follows.

The chief election commissioner is provided with security of tenure. He

cannot be removed from his office except in the same manner and on the same

grounds as a judge of the Supreme Court. In other words, he can be removed

by the President on the basis of a resolution passed to that effect by both the

Houses of Parliament with a special majority, either on the ground of proved

misbehaviour or incapacity.

Thus, he does not hold his office until the pleasure of the president, though
he is appointed by him.

The service conditions of the chief election commissioner cannot be varied

to his disadvantage after his appointment.

Any other election commissioner or a regional commissioner cannot be

removed from office except on the recommendation of the chief election

commissioner.

Though the constitution has sought to safeguard and ensure the

independence and impartiality of the Election Commission, some flaws can

be noted, ie:

 The Constitution has not prescribed the qualifications (legal,

educational, administrative, or judicial) of the members of the Election

Commission.

 The Constitution has not specified the term of the members of the

Election Commission.

 The Constitution has not debarred the retiring election commissioners

from any further appointment by the government.

Among the major Constitutional Bodies in India, Election Commission is a

permanent

Constitutional Body. It was established in accordance with the Constitution

on 25th January 1950.

The Constitution has vested to this body superintendence, direction, and

control of the entire process for conduct of elections.

The Commission’s functions and powers with respect to elections to the

offices of the President, the Vice President, the state legislators, and the

Parliament are divided under three headings:

o Administrative

o Advisory

o Quasi-judicial

Powers of Election Commission of India

In details, these powers of the Election Commission of India are:

Determining the Electoral Constituencies’ territorial areas throughout the

country on the basis of the Delimitation Commission Act of Parliament.

Preparing and periodically revising electoral rolls and registering all eligible

voters.

Notifying the schedules and dates of elections and scrutinising nomination

papers.

Granting recognition to the various political parties and allocating them

election symbols.
 Acting as a court to settle disputes concerning the granting of recognition
to political parties and allocating election symbols to the parties.

Appointing officers for inquiring into disputes concerning electoral

arrangements.

Determining the code of conduct to be followed by the political parties and

candidates during elections.

Preparing a program for publicising the policies of all the political parties
on various media like TV and radio during elections.

Advising the President on matters concerning the disqualification of MPs.

Advising the Governor on matters concerning the disqualification of MLAs.

Cancelling polls in case of booth capturing, rigging, violence and other

irregularities.

Requesting the Governor or the President for requisitioning the staff

required for conducting elections.

Supervising the machinery of elections throughout the country for ensuring

the conduct of free and fair elections.

Advising the President on whether elections can be held in a state that is

under the President’s rule, in order to extend the period of emergency after 1

year.

Registering political parties and granting them the status of national or

state parties (depending on their poll performance).

The Commission is aided in its function by deputy election commissioners.

The deputy ECs are taken from the civil services, and they are appointed by
the Commission. They have a fixed tenure. They are aided by the secretaries,
deputy secretaries, joint secretaries and under-secretaries posted in the
commission’s secretariat.
Functions of Election Commission

1. To 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.

2. To decide the election schedules for the conduct of periodic and timely

elections, whether general or bye-elections

3. To decide on the location of 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

4. To prepare electoral roll and issues Electronic Photo Identity Card (EPIC)

5. To grant recognition to political parties & allot election symbols to

them along with settling disputes related to it

6. To sets limits of campaign expenditure per candidate to all the political

parties, and also monitors the same

7. To advise in the matter of post-election disqualification of sitting members

of Parliament and State Legislatures.

8. To issue the Model Code of Conduct in the election for political parties and

candidates so that no one indulges in unfair practice or there is no arbitrary

abuse of powers by those in power.

Composition of Election Commission

Article 324 of the Constitution has made the following provisions with regard
to the composition of the election commission:

The President appoints the Chief Election Commissioner and other election

commissioners.

When any other EC is so appointed, the CEC acts as the Election

Commission’s Chairman.

The President can also appoint regional commissioners to assist the

Commission, if necessary, after consulting with the Election Commission.

The tenure of office and the conditions of service of all the commissioners

shall be determined by the country’s President.

Importance of Election Commission for India

The Election Commission has been successfully conducting national as well

as state elections since 1952. Now, it plays an active role to ensure the

greater participation of people.

The Commission has brought discipline among the political parties with a

threat of derecognizing if the parties failed in maintaining inner-party

democracy.

It supports the values preserved in the Constitution viz, equality, equity,

impartiality, independence, and rule of law in superintendence, direction, and

control over the electoral governance.

ECI helps in conducting elections with the highest standard of credibility,

fairness, transparency, integrity, accountability, autonomy, and

professionalism.

In the electoral process, it ensures the participation of all eligible citizens in

an

inclusive voter-centric and voter-friendly environment.

The Election Commission of India 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 (political parties, voters, election functionaries,

candidates and people at large) to enhance and strengthen confidence and

trust in the electoral system of this country.

Challenges faced by Election Commission

1. Increased violence and electoral malpractices under influence of money

have

resulted in political criminalization, which ECI is unable to arrest.

2. Election Commission is not adequately equipped to regulate the political

parties. It has no power in enforcing inner-party democracy and regulation of

party finances.

3. ECI is becoming lesser independent of the Executive which has impacted

its

image.

4. Allegations of EVMs malfunctioning, getting hacked and not registering

votes, corrodes the trust of the general masses in ECI.

Comptroller and Auditor general

Comptroller and Auditor General of India is the apex authority

responsible for external and internal audits of the expenses of the
National and state governments. It is popularly known as the CAG of
India.

Part V of the Indian Constitution describes the role and

responsibilities of this office in Chapter V. The Comptroller and
Auditor General is one of the few offices directly appointed by
the President of India.

Article 148 of the Constitution of India establishes the authority of this

office.
  The Comptroller and Auditor General can be removed from office only
in the manner and on the grounds that a Judge of the Supreme
Court is removed.
 The person appointed to this office should take an oath of office before
the President or any other person appointed by the office of the
President.
 The salary, service conditions, leaves of absence, pension, and age of
retirement are determined by the Parliament of India and specified in
the Second Schedule such that the service conditions and salary will
not be modified to the disadvantage of the incumbent during their
tenure.
 The CAG is not eligible for any further office after the end of their
tenure either in the Government of India or any State Government.
 The powers and functions of the CAG are subject to the provisions of
the Indian Constitution and any Acts of Parliament.
 The expenses on the administration of this office including all
allowances, salaries and pensions would be charged to
the Consolidated Fund of India.
 He is appointed for a period of 6 years or until attaining the age of 65
years whichever is earlier.
Privileges and powers of the CAG of India:

 The Comptroller and Auditor General or his staff can inspect any
office of the organizations which are subject to his audit. He and his
staff can scrutinize the transactions of the government and question
the administration regarding the various aspects of these
transactions. After scrutinizing the transactions, the CAG may
withdraw his objections or, if he finds them serious, incorporate them
in his report which is submitted to the Parliament.
 To enable the office to perform this function smoothly, he is endowed
with full access to all the financial records including books, papers,
and documents. Moreover, the CAG has the freedom to ask for
relevant information from any person or organization. His right to call
for information and accounts is statutory, as was affirmed by the
order made by the Government of India in 1936 in order to enforce the
Act of 1935.

Articles 148, 149, 150 and 151 of the Constitution of India describe the
functions and powers of this office. The following is a brief description of
various areas dealt with in these Article of the Constitution:

 Article 149: Duties and Powers of the Comptroller and Auditor

General: To perform such duties and exercise such powers in relation
to accounts of the Union of India and the states and of any other
bodies or authority, as may be prescribed by any law made by the
Parliament.
  Article 150: Form of Accounts of the Union of India and the States: To
prescribe, with the approval of the President, the form in which the
account of the Union and of the States are to be kept.
 Article 151: CAG Reports: To report to the President or to
the Governors of the States on the accounts of the Union or State..

CHAPTER 8

ROLE AND RESPONSIBILITIES OF CITIZENS UNDER INDIAN

CONSTITUTION:

Concept of Citizenship, citizenship Amendment Act, Fundametal duties,

right to information Act, Civil society.

Citizenship
Citizenship refers to a person’s legal status as a legal member of a sovereign
state or as a member of a nation. The concept of citizenship is addressed in
Articles 5–11 of the Indian Constitution. Citizenship refers to a person’s full
membership in any state in which he or she possesses civil and political
rights.

 Citizenship is a bond between an individual and a country to which

the individual owes allegiance and is entitled to protection in return.
 Citizenship implies a state of liberty with associated responsibilities.
Certain rights, obligations, and responsibilities are granted to all
citizens but are denied or only partially provided to non-citizens
residing in that country.

Living in a country does not mean that a person is necessarily a citizen of

that country. Citizens of one country who live in a foreign country are
known as aliens. Their rights and duties are determined by political treaties
and by the laws of the country in which they stay.

Citizenship Act 1955:

The citizenship act is an act that is run by the legislation to ensure the
rights and duties of a citizen.The citizenship act 1955 is also popularly
known as Indian nationality law. This ensures that the individuals of the
nation hold the position as Indian citizens. The Constitution of India along
with the Indian Citizenship Act 1955 governs the citizenship status of a
person. This act was enacted by the Parliament of India and commenced on
30 December 1955.

According to the Indian Citizenship Act 1955, one can acquire the status of
an Indian citizen by the following way:
 Citizenship through birth – An individual born in India is applicable for
Indian citizenship.
 Citizenship through descent – This is applicable for people whose parents
are from India but that specific individual was born in a foreign country.
 Citizenship through registration – This is applicable to individuals who have
Indian ancestors.
 Citizenship through naturalisation – This is for people who have a long
record of staying in India.
 Citizenship through the incorporation of territory – This is for individuals in
a region that is incorporated by the Government of India.
 Citizenship provision to people belonging to Assam Accord.

Citizenship Termination:

According to the Indian Citizenship Act 1955, one can be revoked from the
status of the Indian citizen under the following conditions. They are:

 Renunciation of citizenship: When an individual is willingly rejecting his

rights of citizenship, his citizenship is revoked in a legal manner.
 Termination of citizenship: If an Indian citizen accepts the citizenship of
another nation voluntarily, their Indian citizenship can be revoked.
 Deprivation of citizenship: This is directly done by the Government of India.
This is common for people who have obtained their citizenship through
Naturalisation, registration and through Article 5. Some common reasons
for revoking of citizenship are:

 If an individual does some act or speech that is disrespectful or against the

nation.
 If an individual performs deceitful acts in obtaining Indian citizenship.
 If an individual is involved in anti-nationalist activities like sharing, trading
or communicating national secrets to enemies of the nation during a war.
 If a citizen who has not returned to India for more than 7 years and lives
outside India, excluding educational and nationally official reasons.

The constitution provision of India has included some articles related to the
citizenship act 1955. This includes Articles 5 to 11 of the Indian
Constitution that falls under Part 2 of it.

 Citizenship is the focus of Article 5 at the outset of the Constitution.

 Article 6 pertains to the citizenship rights of certain individuals who have
migrated to India from Pakistan.
 Article 7 deals with the citizenship rights of certain Pakistani migrants.
 Article 8 describes in full the citizenship rights of certain persons of Indian
heritage who live outside of India.
 Article 9 discloses that a person who willingly acquires citizenship of a
foreign country is not a citizen of that country.
 Article 10 deals with the continuation of citizenship rights.
 Article 11 outlines how Parliament might govern the right to citizenship
through legislation.

Citizenship Amendment Act:

The answer to the question Citizenship Act 1955 amended how many times
is 5. The act has been amended five times until now. They are:

1. 1986: This gave Indian citizenship to people born in India between January
1950 and July 1987.
2. 2003: It states that citizenship will be provided to an individual only if both
or any one of the parents is Indian.
3. 2005: Section 7A was replaced with a new section and the Overseas citizens
of India registration rules were authorised.
4. 2015: It deals with registration and naturalisation citizenship and overseas
citizenship.
5. 2019: Members of six communities from Pakistan, Bangladesh, and
Afghanistan, including Hindus, Buddhists, Sikhs, Parsis, Jains and
Christians, are allowed to stay in India if they arrived before December 14,
2014.

Right to Information Act 2005

The right to information is a fundamental right under Article 19 (1) of the

Indian Constitution. In 1976, in the Raj Narain vs the State of Uttar Pradesh
case, the Supreme Court ruled that Right to information will be treated as a
fundamental right under article 19. The Supreme Court held that in Indian
democracy, people are the masters and they have the right to know about the
working of the government.
Thus the government enacted the Right to Information act in 2005 which
provides machinery for exercising this fundamental right.
he act is one of the most important acts which empowers ordinary citizens to
question the government and its working. This has been widely used by
citizens and media to uncover corruption, progress in government work,
expenses related information, etc.
All constitutional authorities, agencies, owned and controlled, also those
organisations which are substantially financed by the government comes
under the purview of the act. The act also mandates public authorities of
union government or state government, to provide timely response to the
citizens’ request for information.
The act also imposes penalties if the authorities delay in responding to the
citizen in the stipulated time.
What type of information can be requested through RTI?
The citizens can seek any information from the government authorities that
the government can disclose to the parliament.
Some information that can affect the sovereignty and the integrity of India is
exempted from the purview of RTI.
Information relating to internal security, relations with foreign countries,
intellectual property rights (IPR), cabinet discussions are exempted from RTI.
Objectives of the RTI Act

1. Empower citizens to question the government.

2. The act promotes transparency and accountability in the working of the
government.
3. The act also helps in containing corruption in the government and work
for the people in a better way.
4. The act envisages building better-informed citizens who would keep
necessary vigil about the functioning of the government machinery.

Important provisions under the Right to Information Act, 2005

 Section 2(h): Public authorities mean all authorities and bodies under
the union government, state government or local bodies. The civil
societies that are substantially funded, directly or indirectly, by the
public funds also fall within the ambit of RTI.
 Section 4 1(b): Government has to maintain and proactively disclose
information.
 Section 6: Prescribes a simple procedure for securing information.
 Section 7: Prescribes a time frame for providing information(s) by PIOs.
 Section 8: Only minimum information exempted from disclosure.
 Section 8 (1) mentions exemptions against furnishing information
under the RTI Act.
 Section 8 (2) provides for disclosure of information exempted under the
Official Secrets Act, 1923 if the larger public interest is served.
  Section 19: Two-tier mechanism for appeal.
 Section 20: Provides penalties in case of failure to provide information
on time, incorrect, incomplete or misleading or distorted information.
 Section 23: Lower courts are barred from entertaining suits or
applications. However, the writ jurisdiction of the Supreme Court of
India and high courts under Articles 32 and 226 of the Constitution
remains unaffected.

Significance of the RTI Act

 The RTI Act, 2005 empowers the citizen to question the secrecy and
abuse of power practised in governance.
 It is through the information commissions at the central and state levels
that access to such information is provided.
 RTI information can be regarded as a public good, for it is relevant to
the interests of citizens and is a crucial pillar for the functioning of a
transparent and vibrant democracy.
 The information obtained not only helps in making government
accountable but also useful for other purposes which would serve the
overall interests of the society.
 Every year, around six million applications are filed under the RTI Act,
making it the most extensively used sunshine legislation globally.
 These applications seek information on a range of issues, from holding
the government accountable for the delivery of basic rights and
entitlements to questioning the highest offices of the country.
 Using the RTI Act, people have sought information that governments
would not like to reveal as it may expose corruption, human rights
violations, and wrongdoings by the state.
 The access to information about policies, decisions and actions of the
government that affect the lives of citizens is an instrument to ensure
accountability.
 The Supreme Court has, in several judgments, held that the RTI is a
fundamental right flowing from Articles 19 and 21 of the Constitution,
which guarantee to citizens the freedom of speech and expression and
the right to life, respectively.

Recent Amendments

 The RTI amendment Bill 2013 removes political parties from the ambit
of the definition of public authorities and hence from the purview of
the RTI Act.
 The draft provision 2017 which provides for closure of case in case of
death of applicant can lead to more attacks on the lives of
whistleblowers.
 The proposed RTI Amendment Act 2018 is aimed at giving the Centre
the power to fix the tenures and salaries of state and central
 information commissioners, which are statutorily protected under the
RTI Act. The move will dilute the autonomy and independence of CIC.
 The Act proposes to replace the fixed 5-year tenure with as much
prescribed by the government.

Civil society

Civil society is comprised of organizations and associations that serve the

public's needs but operate outside of governmental and corporate spheres.
The most recognizable actors in civil society are non-governmental
organizations (NGOs) operating at the domestic and international levels.
NGOs are often referred to as non-profit organizations as all their revenue
must be returned to the organization's operations. Because they are non-
profit, NGOs rely heavily on volunteer labor. This is especially true for non-
governmental aid organizations that require a great deal of labor when
aiding in times of crisis like natural disasters.
Not all civil society organizations focus their attention on large issues. Civic
groups and churches often work at the local level to improve people's lives.
Small organizations that sponsor library book drives or churches that run
soup kitchens are as vital to civil society as large NGOs, and perhaps even
moreso as they draw together local communities. The modern idea of civil
society grew out of the need for citizens to protect themselves from an
intrusive state but has grown to protect people from almost any peril. In
many ways, it is the glue that holds society together.

Fundamental duties of the constitution

The fundamental duties which were added by the 42nd Amendment Act of the

Constitution in 1976, in addition to creating and promoting culture, also

strengthen the hands of the legislature in enforcing these duties vis-a-vis the
fundamental rights.

11 Fundamental Duties

1. Abide by the Indian Constitution and respect its ideals and institutions,
the National Flag, and the National Anthem

2. Cherish and follow the noble ideals that inspired the national struggle for

freedom

3. Uphold and protect the sovereignty, unity, and integrity of India

4. Defend the country and render national service when called upon to do so

5. Promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic, and regional or sectional

diversities and to renounce practices derogatory to the dignity of women

6. Value and preserve the rich heritage of the country’s composite culture

7. Protect and improve the natural environment including forests, lakes,

rivers and wildlife and to have compassion for living creatures

8. Develop scientific temper, humanism and the spirit of inquiry and reform

9. Safeguard public property and to abjure violence

10. Strive towards excellence in all spheres of individual and collective activity
so that the nation constantly rises to higher levels of endeavour and
achievement

11. Provide opportunities for education to his child or ward between the age
of six and fourteen years. This duty was added by the 86th Constitutional

Amendment Act, 2002

Importance of Fundamental Duties- Part IV-A

1. They remind Indian Citizens of their duty towards their society, fellow
citizens, and the nation

2. They warn citizens against anti-national and anti-social activities

3. They inspire citizens & promote a sense of discipline and commitment

among them

4. They help the courts in examining and determining the constitutional

validity of a law

chapter IX

Goals and policies of national Development enshrined in the

Constitution:

Concept of national Development, Unity and integrity of the nation, goals of

educational policies, Roles of teachers and students in nation building

Concept of National development

National development is the capacity of the country to raise the standard of
living of its residents. It can be achieved by providing individuals with basic
livelihood requirements and supplying them with employment, etc.
Development is a process that creates growth, brings in progress and
positive change.

The term national development is very comprehensive. It includes all aspects

of the life of an individual and the nation.

It is holistic in approach. It is a process of reconstruction and development

in various dimensions of a nation and development of individuals.

It includes full-growth and expansion of our industries, agriculture,

education, social, religious and cultural institutions. Moreover, national
development implies development of a nation as a whole. It can be best
defined as the all-round and balanced development of different aspects and
facets of the nation viz. political, economic, social, cultural, scientific and
material.

“National development is growth plus change. Change in turn is social and

cultural as well as economic and qualitative as well as quantitative”.

Unity and integrity of the nation

Unity and integrity should be there in a nation as people of different castes
can live together and in a country like India where there is heterogeneity
among the people ,unity and integrity is fundamental to the well being of the
nation.

This means that the people having different faiths, religion, caste creed and
cultures live together with love, care and with no conflicts. It is the best way
to remove inequality and other social evils like racism and discrimination.
Our fore fathers realised this some 80 years ago and hence they included
this in the Preamble of our constitution.

There are 11 fundamental duties in our Constitution and out them , one is
to protect the unity and integrity of the nation and we should whole
heartedly protect and respect them. Even the preamble of India mentions
“and to promote among them all FRATERNITY assuring the dignity of the
individual and the unity and integrity of the Nation”.

Goals of education policies

As per the National Policy on Education (1968), the aim of education is “to
promote national progress, a sense of common citizenship and culture and
to strengthen national integration”.

It laid stress on “the need for a radical reconstruction of the educational

system to improve its quality at all stages, and give much greater attention
to science and technology, the cultivation of moral values and a closer
relationship between education and the life of the people.”

Why Education Policy is Necessary

Here are some reasons why education policy is important for the education
system:

Optimization of Cost
There should be some kind of regulatory system in place for the influx and
expenditure of money in an educational institution. This can be done by
setting a budget for the same as part of an elaborate education policy. The
policy should make the distinction between costs that are inevitable and
those which are not so that a proper plan can be formulated. The
formulation process should begin only after the budget is set, though,
because otherwise, this whole process would have been a waste of time and
effort.
Maintaining Compliance
Every educational institution is obligated to follow the law of the land, and
they will follow the law strictly only if there is strict legal action against
non-compliance. Educational policy is important because it keeps all
institutions within the framework of the law and forces them to abide by it,
failing to do so resulting in penalties prescribed in the policy.

Safety in the Learning Environment

Educational policies also influence how safe students feel in their learning
environment. The policy can mandate that all schools shall have to adhere
to a certain standard when it comes to both physical safety as well as
mental well-being of the students and teachers alike. This will ensure a
safe environment for all.

Promote an Active Learning Culture

Since a school or university primarily focuses on academics, it is
absolutely imperative that it should promote a learning culture through the
staff. The policy needs to enable teachers to promote and provide an active
culture around sharing knowledge through formal and informal means so
that the students can grow their intellect together.

Equality and Diversity Inclusion

All schools should be unbiased in their treatment of students. Some
schools might be religiously inclined while some others might have political
affiliations, but this should never be made apparent to the students.
Educational policies make sure that the learning environment in a
particular institution is not tainted by political and religious connotations.

Roles of teachers in nation building

A teacher is a person who provides education for pupils (children) and

students (adults). The role of teacher is often formal and ongoing, carried
out at a school or other place of formal education. In many countries, a
person who wishes to become a teacher must first obtain specified
professional qualifications or credentials from a university or college. These
professional qualifications may include the study of pedagogy, the science of
teaching. Teachers, like other professionals, may have to continue their
education after they qualify, a process known as continuing professional
development. Teachers may use a lesson plan to facilitate student learning,
providing a course of study which is called the curriculum. A teacher's role
may vary among cultures. Teachers may provide instruction in literacy and
numeracy, craftsmanship or vocational training, the arts, religion, civics,
community roles, or life skills. A teacher who facilitates education for an
individual may also be described as a personal tutor or, largely historically,
a governess etc. John Adams opined that “teacher is a maker of man. He is
foundation of all Education, and thus of the whole civilization of mankind,
present and future. No nation reconstruction is possible without the active
cooperation of the teacher."

A nation is built by its citizens, citizens are moulded by teachers and

teachers are made by teacher educators. Chanakya has rightly stated,
"Teacher is the maker of nation"

Role of students

Students, the future of a nation, play a very vital role in nation building.
Every individual countryman can play its role in nation building by doing
his duties in right manner. One should be sincere about his duties not only
for self but also in the prospects of the nation. As we all know that our life is
very short and we have a lot to do for our society, our nation and for the
whole world. Mainly two duties are there which we have to play sincerely.
One is to do the maximum efforts in the shortest possible duration without
taking stress and secondly is whatever we may be in the society; we have to
do our work with sincere efforts.

Students may contribute towards the society and the nation by keeping
good deeds and moral conduct. The educational values should help them to
mould themselves into dutiful citizens. As we all know that academic
discipline deserves serious consideration. Students should not mislead their
self by indulging in the activities which may take them away from their
destination. Students must be cautious and sincere about their future. They
should know their role in the society.

Student’s life gives a lot the children by virtue of taking part in co-curricular
activities and many other activities. These very habits help children to
inculcate patriotic touch amongst them. Maintaining the dignity of student’s
life brings a lot in them.

In early pre-independent India where students were motivated to play their

role in the national struggle for freedom movements by leaving study aside.
They have been called by the freedom fighters time to time for their
participation in getting country free from the rule of British. At the time of
quit India movement was the major event in this regard. Lakhs and lakhs of
students took part in this movement by leaving their studies aside. It was a
sincere participation of students in national interest. Youth Indians felt
proud of being a part of this movement. They have been treated as key
players in quit India movement. Even today students can play the same role
by following the rules and regulations in various concerns.

Role of students in clean and dirt free politics is a major challenge now.
Most of we feel that the political scenario of todays is not so pollution free.
People contribute to their nation by providing taxes and all but this
important sum goes in vain by virtue of insincere efforts and improper
planning. Students should not indulge in such activities. In India politics
have an impact on the minds of the young generation. They are interacted
towards the power of politics. They ruin their own career being a member of
the dirty politics. The students should realize that this is the best time for
them to study when their mind is fresh and when they are free from the
stress and strain of life which often overtakes the grow-up minds. They can
utilize their strength for the betterment of the society either by doing a good
turn or by through some NGO’s. They can contribute by doing their duties
faithfully and sincerely.