Polity

This pdf is Bilingual

There are total 19 Topics in this chapter.

 Constitute Assembly  Panchayati Raj


 The Judiciary
 The Preamble

 Constitutional Bodies
 The Union & its Territory

 Non-Constitutional Bodies
 The Citizenship

 Fundamental Rights

 DPSPs

 Fundamental Duties

 The President

 The Vice-President

 The Prime Minister

 Council of Ministers

 The Parliament

 The Governor

 The Chief Minister

 State Legislature
The Constituent Assembly & Framing of the Constitution-
Important Points
1. It was M.N Roy who proposed the idea of an independent constituent
assembly for India in 1934.
2. The constituent assembly was formed as per the guidelines suggested by
the Cabinet Mission Plan, 1946. The mission was headed by Pethick
Lawrence and included two other members apart from him –Stafford Cripps
and A.V Alexander.
3. The total strength of the assembly was 389. However, after partition only
299remained. It was partly elected and partly nominated body.
4. The elections to form the assembly took place in July-August 1946and the
process was completed by November 1946. The first meeting of the assembly
took place on 9th December, 1946 and was attended by 211 members.
5. Dr. Sachhidanand Sinha became the temporary President of the
assembly following the French practice.
6. On 11th December, 1946 Dr. Rajendra Prasad and H.C Mukherji were
elected as President and Vice-President respectively.
7. Sir B.N Rau was appointed as the constitutional advisor to the assembly.
8. On 13th December, 1946, Pt. Nehru moved the Objectives resolution which
later went on to become the Preamble of the constitution in slightly modified
form. The resolution was unanimously adopted on22nd January, 1947.
9. The Constituent Assembly ratified India’s membership of the
commonwealth in May, 1949. Also, it adopted National Song and National
Anthem on 24th January 1950. Adopted the National Flagon 22nd July,
1947.
10. The assembly met for 11 sessions, took 2 years, 11 months and 18days
to frame up the final draft, sat for 141 days in total and draft constitution was
considered for 114 days. Total amount incurred was around rupees 64 lakhs.
11. The assembly had 15 women members which were reduced to 9after
partition.
12. Some important committees of the constituent assembly along with their
respective chairpersons are as follows:
(a) Union Powers Committee-Jawahar Lal Nehru
(b) Union Constitution Committee-Jawahar Lal Nehru
(c) Provincial Constitution Committee-Sardar Patel
(d) Drafting Committee- B.R Ambedkar
(e) Rules of Procedure Committee-Dr. Rajendra Prasad
(f) Steering Committee- Dr. Rajendra Prasad
13. The following were the members of the Drafting Committee
(a) Dr. B.R Ambedkar (Chairman)
(b) Alladi Krishnaswamy Ayyar
(c) Dr. K.M Munshi
(d) N. Gopalaswamy Ayyangar
(e) Syed Mohammad Saadullah
(f) N Madhava Rau
(g) TT Krishnamachari

14. The final draft of the constitution was adopted on 26th November,1949
and it contained 8 schedules, 22 parts and 395 articles.

PARTS OF INDIAN CONSTITUTION

Parts Subject Matter Articles Covered
I The Union and its 1 to 4
territory
II Citizenship 5 to 11
III Fundamental Rights 12 to 35
IV Directive Principles of 36 to 51
State Policy
IV-A Fundamental Duties 51-A
 V The Union Government 52 to 151

VI The State Governments 152 to 237

VIII The Union Territories 239 to 242

IX The Panchayats 243 to 243-0

IX-A The Municipalities 243-P to 243-ZG
IX-B The Co-operative 243-ZH to 243-ZT
Societies
X The Scheduled and 244 to 244-A
Tribal Areas
XI Relations between the 245 to 263
Union and the States

XII Finance, Property, 264 to 300-A

Contracts and Suits
XIII Trade, Commerce and 301 to 307
Intercourse within the
Territory of India
XIV Services under the 308 to 323
Union and the States

XIV-A Tribunals 323-A to 323-B

XV Elections 324 to 329-A
XVI Special Provisions 330 to 342
relating to Certain
Classes
XVII Official Language 343 to 351
XVIII Emergency Provisions 352 to 360

XIX Miscellaneous 361 to 367

XX Amendment of the 368
Constitution
XXI Temporary, 369 to 392
Transitional and
Special Provisions
 XXII Short title, 393 to 395
Commencement,
Authoritative Text in
Hindi and Repeals

Schedules of Indian Constitution

1. First Schedule - List of States & Union Territories

2. Second Schedule -Salary of President, Governors, Chief Judges, Judges of
High Court and Supreme court, Comptroller and Auditor General
3. Third Schedule-Forms of Oaths and affirmations
4. Fourth Schedule-Allocate seats for each state of India in Rajya Sabha
5. Fifth Schedule-Administration and control of scheduled areas and tribes
6. Sixth Schedule-Provisions for administration of Tribal Area in Assam,
Meghalaya, Tripura, Mizoram &Arunachal Pradesh
7. Seventh Schedule-Gives allocation of powers and functions between Union
& States. It contains 3 lists-Union List (For central Govt) /States List (Powers
of State Govt) /Concurrent List (Both Union & States).
8. Eighth Schedule-List of 22 languages of India recognized by Constitution
9. Ninth Schedule-Added by 1st amendment in 1951.Contains acts & orders
related to land tenure, land tax, railways, industries.
10. Tenth Schedule-Added by 52nd amendment in 1985.Contains provisions
of disqualification of grounds of defection
11. Eleventh Schedule-By 73rd amendment in 1992.Contains provisions of
Panchayati Raj.
12.Twelfth Schedule-By 74thamendment in 1992.Contains provisions of
Municipal Corporation.

Various Sources of the Indian Constitution

1. Government of India Act of 1935 - Federal Scheme, Office of governor,

Judiciary, Public Service Commissions, Emergency provisions and
administrative details.
2. British Constitution - Parliamentary government, Rule of Law, legislative
procedure, single citizenship, cabinet system, prerogative writs, parliamentary
privileges and bicameralism.

3. US Constitution -Fundamental rights, independence of judiciary, judicial

review, impeachment of the president, removal of Supreme Court and high
court judges and post of vice-president.

4. Irish Constitution - Directive Principles of State Policy, nomination of

members to Rajya Sabha and method of election of president.

5. Canadian Constitution - Federation with a strong Centre, vesting of

residuary powers in the Centre, appointment of state governors by the Centre,
and advisory jurisdiction of the Supreme Court.

6. Australian Constitution - Concurrent List, freedom of trade, commerce

and intercourse, and joint sitting of the two Houses of Parliament.

7. Weimar Constitution of Germany - Suspension of Fundamental Rights

during Emergency.

8.Soviet Constitution (USSR, now Russia) - Fundamental duties and the

ideal of justice (social, economic and political) in the Preamble.

9.French Constitution -Republic and the ideals of liberty, equality and

fraternity in the Preamble.

10. South African Constitution - Procedure for amendment of the

Constitution and election of members of Rajya Sabha.

11. Japanese Constitution - Procedure established by Law

 The Preamble
1. The term ‘preamble’ refers to the introduction or preface to the
Constitution. It’s a kind of summary or essence of the Constitution.
2. The American Constitution was the first to begin with a preamble.
3. N.A Palkiwala has termed preamble as ‘the identity card of the
constitution’.
4. Somewhat based on the ‘Objectives Resolution’ (see Constituent Assembly).
5. The Preamble has been amended only once so far, that is by
42 Amendment Act of 1976. Three words were added by that amendment –
nd

SCOIALIST, SECULAR, INTEGRITY.

6. The Preamble reveals four ingredients or components:
 Source of authority of the Constitution: The Preamble states that the
Constitution derives its authority from the people of India.
 Nature of Indian State: It declares India as a sovereign, socialist,
secular democratic and republican polity.
 Objectives of the Constitution: To provide justice, liberty, equality and
fraternity to the citizens of India.
 Date of adoption of the Constitution:26th November, 1949.

7.Berubari Union case (1960) - the Supreme Court said that the Preamble
isn’t a part of the Constitution.
8. Kesavananda Bharati case (1973) -the Supreme Court rejected the earlier
opinion and held that Preamble is a part of the Constitution.
9. The Preamble is neither a source of power to legislature nor a prohibition
upon the powers of legislature. Provisions in the preamble are non-enforceable
in the court of law, that is, it’s non-justiciable.

The Union & its Territory

 Articles 1 to 4: under Part-I of the Constitution deal with the Union and
its territory.
 Article 1-India, that is, Bharat as a ‘Union of States’.
 Article 2 empowers the Parliament to ‘admit into the Union of
India, or establish, new states on such terms and conditions as it
thinks fit’. Thus, Article 2 grants two powers to the Parliament: (a)
the power to admit into the Union of India new states
(b) the power to establish new states.
 Article 3 relates to the formation of or changes in the existing
states of the Union of India.

 Article 4:Some committees that were important in the

reorganization of states in the Indian Union – Dhar Commission,
JVP Committee, Faiz Ali Commission and states reorganization
Commission (1st one was in 1956).Hence new states that were
created after 1956 with year –
 Maharashtra and Gujarat In1960,
 Goa, Daman and Diu India acquired these three territories from the
Portuguese by means of a police action in1961. They were
constituted as a union territory by the 12th Constitutional
Amendment Act, 1962. Later, in 1987, Goa was conferred a
statehood,
 Nagaland In 1963,
 Haryana, Chandigarh and Himachal Pradesh in 1966,
 Manipur, Tripura and Meghalaya in1972,
 Sikkim in 1974-75,
 Mizoram, Arunachal Pradesh and Goa in1987,
 Chhattisgarh, Uttarakhand and Jharkhand in 2000, and nowmost
recently Telangana on 2nd June, 2014.
 The Citizenship
 Part 2nd and covers articles 5-11.
 The Constitution confers the following rights and privileges on the
citizens of India (and denies the same to aliens):
A. Article 15, 16, 19, 29 & 30.
B Right to vote in elections to the Lok Sabha and state legislative
assembly.
C. Right to contest for the membership of the Parliament and the state
legislature.
G. Eligibility to hold certain public offices, that is, President of India,
Vice-President of India, judges of the Supreme Court and the high
courts, governor of states, attorney general of India and advocate general
of states.

 No person shall be a citizen of India or be deemed to be a citizen of

India, if he has voluntarily acquired the citizenship of any foreign state
(Article 9).

 Every person who is or is deemed to be a citizen of India shall continue

to be such citizen, subject to the provisions of any law made by
Parliament (Article 10).

 Parliament have the power to make any provision with respect to the
acquisition and termination of citizenship .
 Hence, the Parliament enacted the Citizenship Act, 1955, which has
been amended in 1986, 1992, 2003, and 2005 and most recently
in2015.
 The Citizenship (Amendment) Act, 2019 (CAA) was passed by the Parliament of India
on 11 December 2019. It amended the Citizenship Act, 1955 by providing an
accelerated pathway to Indian citizenship for persecuted religious minorities from
Afghanistan, Bangladesh and Pakistan who are Hindus, Sikhs, Buddhists, Jains, Parsis or
Christians, and arrived in India before the end of December 2014. The law does not
grant such eligibility to Muslims from these countries. The act was the first time that
religion had been overtly used as a criterion for citizenship under Indian law, and it
attracted global criticism.
 The five modes of acquisition of citizenship as per the citizenship act are
(a) By Birth
(b) By Descent
(c) By Registration
(d) By Naturalization
(e) By acquisition of any other territory into the Indian Union.

 Loss of Citizenship is by – Termination, Renunciation and Deprivation.

 India provides for single citizenship.
 Part-3rd The Fundamental Rights (12-35)
 Described as the Magna Carta of India.
 The concept has been taken from the US’ bill of rights.
 The Fundamental Rights are named so because they are guaranteed and
protected by the Constitution, which is the fundamental law of the land.
They are ‘fundamental’ also in the sense that they are most essential for
the all-round development (material, intellectual, moral and spiritual) of
the individuals.

 The original constitution contained seven fundamental rights,

however, after 44th constitutional amendment act, 1978, right to
property was repealed and now only six fundamental rights remain.

 Following are the articles related to the fundamental rights

 12- Definition of the State

 13- Laws inconsistent with part-3 or Fundamental Rights
 Following is the segregation of the Fundamental Rights: Right to
equality(Articles 14–18)
 Article 14-Equality before law and equal protection of laws.
 Article 15- Prohibition of discrimination on grounds of religion, race,
caste, sex or place of birth.
 Article 16- Equality of opportunity in matters of public employment.
 Article 17- Abolition of untouchability and prohibition of its practice.
 Article 18- Abolition of titles except military and academic.

 Right to freedom(Articles 19–22)

(a) Protection of six rights regarding freedom of:
(i) speech and expression,
(ii) assembly,
(iii) association,
(iv) movement,
(v) residence, and
(vi) profession (Article 19).
 Article 20-Protection in respect of conviction for offences.
 Article 21- Protection of life and personal liberty.
 Article 21A- Right to elementary education.
 Article 22- Protection against arrest and detention in certain cases.
 Right to freedom of religion(Article 25–28)
 Article 25-Freedom of conscience and free profession, practice and
propagation of religion.
 Article 26-Freedom to manage religious affairs
 Article 27-Freedom from payment of taxes for promotion of any
religion.
 Article 28- Freedom from attending religious instruction or worship
in certain educational institutions

 Right against exploitation(Articles 23–24)

 Article 23-Prohibition of traffic in human beings and forced
labour.
 Article 24- Prohibition of employment of children in factories, etc.

 Cultural and educational rights(Articles 29–30)

 Article 29-Protection of language, script and culture of minorities.
 Article 30-Right of minorities to establish and administer
educational institution.
 Article 32- Right to constitutional remedies Heart and Soul of the
Constitution.
 Right to move the Supreme Court for the enforcement of fundamental
rights including the writs of
(i) habeas corpus, (ii) mandamus, (iii) prohibition, (iv) certiorari, and
(v) quo warranto.
 Article 33- power of Parliament to modify the fundamental rights.
 Article 34-deals with Martial Law.
 Article 35-legislations required to deal with fundamental rights

 Fundamental Rights available to only citizens - 15, 16, 19,29 and 30.
 Fundamental Rights available to both citizens as well as non-citizens –
14, 20, 21, 21A, 22, 23, 24, 25, 26, 27 and 28.

Directive Principles of State Policy (DPSPs)

 Called as Novel Features of the Constitution.

 Inspired by the Irish constitution.
 Similar to the Instruments of Instructions mentioned in the Government
of India Act, 1935.
 Together with fundamental rights they are termed as the conscience of
the constitution.
 ‘Directive Principles of State Policy’ denotes the ideals that the State
should keep in mind while formulating policies and enacting laws.
 The DPSPs constitute a very comprehensive economic, social and
political programme for a modern democratic State. They aim at realising
the high ideals of justice, liberty, equality and fraternity a sout lined in
the Preamble to the Constitution. They embody the concept of a ‘welfare
state’.
 The Directive Principles are non-justiciable in nature, that is, they are
not legally enforceable by the courts for their violation. Therefore, the
government (Central, state and local) cannot be compelled to implement
them. Nevertheless, the Constitution(Article 37) itself says that these
principles are fundamental in the governance of the country and it shall
be the duty of the State to apply these principles in making laws.

 Some Important Articles in DPSPs are :

A. Article 38- To promote the welfare of the people by securing a social
order permeated by justice-social, economic and political& to minimise
inequalities in income, status, facilities and opportunities.
B. To secure
(a) the right to adequate means of livelihood for all citizens.
(b) the equitable distribution of material resources of the community for
the common good.
(c) prevention of concentration of wealth and means of production
(d) equal pay for equal work for men and women.
 (e) preservation of the health and strength of workers and children
against forcible abuse; and
(f) Article 39-opportunities for healthy development ofchildren5.
C. To promote equal justice and to provide free legal aid to the poor
(Article 39 A). This was added by 42nd constitutional amendment act,
1976.
D. Article 41- To secure the right to work, to education and to public
assistance in cases of unemployment, old age, sickness and disablement.
E. Article 42- To make provision for just and humane conditions for
work and maternity relief.
F. Article 43 A- To take steps to secure the participation of workers in
the management of industries, also added by 42ndconstitutional
amendment act, 1976.
G. Article 40- To organise village panchayats and endow them with
necessary powers and authority to enable them to function as units of
self-government.
H. Article 43- To promote cottage industries on an individual or co-
operation basis in rural areas
I. Article 47- To prohibit the consumption of intoxicating drinks and
drugs which are injurious to health.
J. Article 48- To prohibit the slaughter of cows, calves and other milch
and draught cattle and to improve their breeds.
K. Article 44- To secure for all citizens a uniform civil code throughout
the country.
L. Article 45-To provide early childhood care and education for all
children until they complete the age of six years. also, amended by 86th
constitutional amendment act, 2002.
M. Article 50-To separate the judiciary from the executive in the public
services of the State.
N. Article 51- To promote international peace and security and maintain
just and honourable relations between nations; to foster respect for
international law and treaty obligations, and to encourage settlement of
international disputes by arbitration.

 The 86th Amendment Act of 2002 changed the subject-matter of Article

45 and made elementary education a fundamental right under Article
21A. The amended directive requires the State to provide early childhood
 care and education for all children until they complete the age of six
years.

 Article43B- The 97th Amendment Act of 2011 added a new Directive

Principle relating to co-operative societies. It requires the state to
promote voluntary formation, autonomous functioning, democratic
control and professional management of co-operative societies.

 The DPSPs are instructions to the State.

Fundamental Duties

1. They are set of 11 guidelines to the citizens.

2. The original constitution did not mention about the FDs.
3. The idea has been taken from the former Soviet Constitution and now even
Russia does not have them. Probably only Japan is one such major county
which has an exclusive chapter on fundamental duties.
4. In 1976, the fundamental duties of citizens were added in the Constitution.
In 2002, one more Fundamental Duty was added.
5. They were added on the recommendations of the Swaran Singh Committee
which was constituted by Indira Gandhi in 1975. It recommended only 8
fundamental duties then with pecuniary punishments as well. However, the
government did not welcome the punishments part.

6. A new part – 4th A, A NEW ARTICLE 51A were added by virtue of

42ndconstitutional amendment act, 1976. Ten duties were added to
51A.Presently there are eleven duties.
7. The 11th Fundamental Duty was added by 86th amendment act,2002.
8. Following is the list

 Abide by the Constitution and respect national flag & National

Anthem
 Follow ideals of the freedom struggle
 Protect sovereignty & integrity of India
 Defend the country and render national services when called upon
 Sprit of common brotherhood
 Preserve composite culture
 Preserve natural environment
 Develop scientific temper
 Safeguard public property
 Strive for excellence
 Duty of all parents/guardians to send their children in the age group
of 6-14 years to school.

The President

(1) Article 52 – There shall be a President of India

(2) Article 53 – Head of Executive power of the Union
(3) He is the supreme commander of the defence forces in India.
(4) Though he’s only the constitutional head, or titular head,
de jure head or nominal executive or just a symbolic head.

Election of the President

1. The President shall be elected by the members of an ELECTORALCOLLEGE
consisting of:
(a) The ELECTED MPs
(b) The ELECTED MLAs of the states
(c) The ELECTED MLAs of National Capital territory of Delhi(addedby70th
Amendment Act, 1992 and with effect from 1-06-1995)and Union territory of
Puducherry.

2. Thus, nominated members of parliament and legislative assemblies and

members of legislative councils do not participate in presidential election.

3. Article-55 provides for manner of election and there should be uniformity

and representation throughout the Nation as per the constitution. Hence, MPs
and MLAs have been assigned votes as per their representation.
4. Election is held in accordance with system of proportional representation by
means of single transferable vote and voting is done by secret ballot.

5. The elections are monitored and conducted by the Election Commission of

India.

6. Only one President, that is, Neelam Sanjiv Reddy has been elected
unopposed so far.

7. Dr. Rajendra Prasad is the only President to have been elected twice.

8. Two Presidents –Dr. Zakir Hussain and Fakhruddin Ali Ahmed have died
in the office.
Article 56- Term of Office & Article 57- Re-
election
 Term – 5 years.
 Resignation Vice-President.
 The President is eligible for re-election for any number of terms.
 Article 58- Qualification
 Article 59- Conditions
 Article 60- Oath
 Eligibility –
 citizen of India
 35 years
 Is eligible for election as an MP of the House of the People.

 Shouldn’t hold office of profit.(Govt. Employ)

 The President shall not be a member of either House of Parliament of

any Legislature. Even if such a member is elected, he is deemed to have
vacated that seat.

 Oath the Chief Justice of India or in his absence the

senior-most judge of the Supreme Court available.

 He is immune from any criminal proceeding during his term. He can’t

be arrested or imprisoned. However, after two-month’ notice civil
 proceedings can be initiated against him during his term in respect of
his personal acts.

Impeachment of the President (Article 61)

1. A formal removal of the President from his post by constitutional means.
2. He is impeached for the ‘Violation of the Constitution’. However, the term
is defined nowhere in the constitution.
3. The charges can be preferred by either house of the parliament. However, a
14-days’ notice shall be served to the President before the acceptance of such
a resolution.
4. Also, that notice must be signed by at least one-fourth members of the total
members of that house which initiated the charges.
5. After the acceptance of that bill in that house, that impeachment bill must
be passed by the majority of2/3rd of the total membership of that house.
6. Then that bill goes in another house which should investigate the charges
and the President shall have the right to appear and to be represented at such
an investigation.
7. If another house sustains the charges and finds the President of violation,
and passes that resolution by2/3rd of the total membership of that house,
the President stands removed from the date the resolution is so passed.
8. Hence, impeachment is a quasi-judicial process. And though, the
nominated members of Parliament do no participate in his election, they take
part in the impeachment process. Also, states’ legislatures do not have a role
in the impeachment process.
Powers of the President

1.Executive Powers

 All executive actions are taken in his name. He is the formal,

constitutional, titular head or de jure head of the Government.
 Appoints the P.M and other ministers on P.M’s advice.
 Appoints the Attorney General of India, CAG, Chief Election
Commissioner and other Commissioners, the chairman and
members of UPSC, Governors of states, Chairman and members of
Finance Commission etc.
 He appoints Inter-State Council and he is the one who can declare any
area as scheduled area and decides on the matter of declaration of any
tribe as scheduled tribe.
2. Legislative Powers
 Summons and Prorogues the Parliament and dissolves the Lok Sabha.
 Summons the joint sitting of the two houses of Parliament (which is
presided over by the Speaker of Lok Sabha).
 Nominates 12 members to Rajya Sabha from amongst people having
achievements in art, literature, science and social service and may
nominate 2 members to Lok Sabha from the Anglo-Indian Community.
 His prior recommendation is required in case of presentation of certain
types of bills such as money bills, bills seeking expenditure from the
consolidated fund of India etc.
 He can withhold his assent to bills, return the bills to the legislatures,
apply pocket veto to bills etc.
 He can promulgate ordinances when the parliament is not in session.
 He lays the reports of Finance Commission, CAG, and UPSC etc. before
the Parliament.
 No demand for grant can be made except on his recommendation. Also,
he constitutes a Finance Commission every five years for distribution of
revenues between centre and states.

3. Judicial Powers

 Appoints the Chief Justice and other judges of the Supreme Court and
High courts.
 Seeks advice from the Supreme Court on any question of law.
 He can grant pardon etc.

4. Emergency Powers

 National Emergency (Article 352)

 President’s Rule (Article 356)
 Financial Emergency (Article 360)
5. Veto Powers
The President of India has three types of Veto powers, namely
 Absolute Veto- Withholding the assent to the bill. The bill then end
sand does not become an act. Example- in 1954, Dr. Rajendra Prasad
withheld his assent to the PEPSU Appropriation Bill. Also, in 1991
R.Venkata ram withheld his assent to the MPs Salaries, allowances bill.
 Suspensive Veto- Returning the bill for reconsideration. In
2006,President APJ Abdul Kalam used suspensive veto in office of profit
bill. However, the President can return the bill for reconsideration to the
legislature only once, after which he has to give his consent.
 Pocket Veto- Taking no action on the bill sent to the President.
There’s no time limit provided in the constitution within which the
President has to give his assent or sign the bill. Hence, he has a ‘bigger
pocket’ than the American President. In 1986, President Zail
Singh applied Pocket Veto to Indian Post Office Amendment bill.

NOTE: The President has no veto power in case of a constitutional

amendment bill. He is bound to give his assent to such bills.

6. Ordinance Making Powers(Article 123)

 An ordinance can be issued by the President only when both houses of
Parliament are not in session or when only one house is in session.
 The ordinance must be approved by the Parliament within six weeks
of its reassembly.
 Hence, maximum life of an ordinance is – six months + six weeks.
 He can issue an ordinance only on the advice of the council of ministers
headed by the P.M

7. Pardoning power of the President(Article 72)

 The President has the power to grant pardon, reprieve, commutation,

remission, respite to any persons convicted in any Union Law, or by a
court martial or in cases of death penalty.
 It is an executive power. And the Governor also has those powers under
Article 161, however, the Governor can’t pardon a death sentence nor
can he interfere in court martial cases.
  The President exercises this power on the advice of the Union
Cabinet.

8. Discretionary Powers of the President

 Appointment of the P.M when no party has a clear majority in the

Lok Sabha or when the P.M in office dies suddenly and there’s no
obvious successor.
 Dismissal of the council of ministers when it can’t prove the confidence
of the Lok Sabha.
 Dissolution of the Lok Sabha if the council of ministers has lost its
majority.
 Use of Suspensive Veto in case of bills.

The Vice- President

1. The second highest post in the Indian polity and second in order of
precedence and the post have been inspired from the US’s Constitution.
2. He is the ex-officio chairman of the council of states or Rajya Sabha.
3. Acts as the President during casual vacancy, removal, death or
impeachment when the President’s post falls vacant.
4. The V.P gets the salary, allowance and remuneration etc. as the
chairperson of the Rajya Sabha.
5. Vice-President is elected by members of an electoral college
consisting of the members of both the Houses of the Parliament.
The election is held in accordance with the system of proportional
representation and voting is done by the secret ballot.
6. Also no person shall be eligible for election
as the Vice-President unless he is a citizen
of India and has completed the age of 35 years
and is qualified of being a member of Rajya Sabha
and should not hold any office of profit.
7. Term is of five years from the date on which
he enters upon his office.
8. May be removed from his office by a resolution of the Council of
States passed by a majority of all the then members of the Council
and agreed to by the House of the People; but no resolution for the
purpose of this clause shall be moved unless at least fourteen days’
notice has been given of the intention to move the resolution
(Article 67(b)).

9. Oath President, or some person appointed in

that behalf by him, an oath or affirmation.
10. Dr. S. Radhakrishnan was the first V.P of India.
11. The V.Ps who went on to become the Presidents – Dr. S.
Radhakrishnan, Zakir Hussain, V.V. Giri, R. Venkataraman, S.D.
Sharma, K.R. Narayanan.
12. Because of the limited powers and functions the V.P of India is also at
times termed as “HIS SUPERFLUOUS HIGHNESS”.

The Prime Minister

1. India has had 14 Prime Ministers so far and Shri Narendra Modi is the
14th P.M of India of the 17th Lok Sabha.
2. The P.M is the real executive authority or the de facto head in the
Indian form of parliamentary governance. He is appointed by the
President(Article 75).
3. The leader of the majority party in the Lok Sabha,
or the party who comes into power after people’s
mandate forms the government in the centre and
the leader is the P.M. Hence, he is the head
of the government.
4. If there’s no clear majority in the Lok Sabha
by any party, then Presidential discretion comes into
action in the selection and appointment of the
Prime Minister. Under these circumstances, the
President usually appoints the leader of the largest party or coalition
in the Lok Sabha as the Prime Minister and asks him to seek a voteof
confidence in the House within a month.
5. The Prime Minister may be a member of any of the two Houses of
parliament.
6. If a person isn’t an MP, he still can be appointed as the P.M (or any
minister for that matter), however he can remain so only for a
period of six consecutive months. After that he must become a
member of either Lok Sabha or Rajya Sabha.
7. The longest tenure so far has been of Pt. Nehru of around 16 years and the
shortest one of Mr. A.B Vajpayee of 16 days.
8. The no confidence motion was first used against Pt. Nehru in 1963and was
proposed by Acharya Kriplani and for the first time it was successful against
A.B Vajpayee in 1996. Though, it was used in Morarji Desai’s tenure as well,
however he resigned before it could be moved.
9. P.M. is administered by the President and he holds office during the
pleasure of the President.
10. He is the chairman of the Planning Commission (NITI AAYOG), NDC,
National Integration Council, Inter-State Council and National Water
Resources Council.

The Central Council of Ministers

1. Article 74- Council of Ministers to aid and advise the President. The advice
shall not be enquired into any court and the President may require the advice
to be reconsidered, however he shall act as per the reconsidered advice.
2. Article 75- Other provisions as to the Ministers.
3. The P.M shall be appointed by the President and other Ministers
shall be appointed by the President on the advice of the P.M.
4. The maximum strength of Ministers, including the P.M in the council of
ministers should not be more than 15% of the total number of members of the
House of the People. This was added by 91stAmendment Act, 2003.

5. The Ministers shall hold office during the pleasure of the President and they
shall be collectively responsible to the Lok Sabha.
6. A Minister can continue being a Minister without being a member
of either house of parliament for a consecutive period of six months
only.
7. The phrase ‘Council of Ministers’ is mentioned in Article 74 whereas the
word Cabinet is mentioned in Article 352.
 The Parliament (Articles 79-122)

 The Organization of the Parliament-

1. The Parliament consists of the President, the Lok Sabha and the
Rajya Sabha.
2. Lok Sabha is the Lower House (First Chamber or Popular House) and
Rajya Sabha is the Upper House (Second Chamber or House of
Elders).

 The Composition of Rajya Sabha-

1. The maximum strength of the Rajya Sabha is fixed at 250, out of

which, 238 are to be the representatives of the states and union
territories (elected indirectly) and 12 are nominated by the
president.

2. At present, the Rajya Sabha has 245 members.

 229 the states
 4 the union territories
 12 the president.

3. The Fourth Schedule of the Constitution deals with the allocation of

seats in the Rajya Sabha to the states and union territories.

4. The representatives of states in the Rajya Sabha are elected by the

elected members of state legislative assemblies. The seats are
allotted to the states in the Rajya Sabha on the basis of population.
NOTE – Population as ascertained on the basis of 2001 census as per87th
Amendment Act, 2003.
 The Composition of Lok Sabha

1. The maximum strength of the Lok Sabha is fixed at 552.

 530 the states
 20 the union territories
 2 the president from the Anglo-Indian community
(Now Changes to S.C)

2. At present, the Lok Sabha has 545 members.

3. The representatives of states in the Lok Sabha are directly elected

by the people from their respective constituencies.

4. The voting age was reduced from 21 to 18 years by the 61st

Constitutional Amendment Act, 1988.

 Duration of the two Houses of Parliament

1. The Rajya Sabha is a permanent body and not subject to dissolution.

However, one-third of its members retire every second year. The retiring
members are eligible for re-election and renomination any number of
times.

2. Unlike the Rajya Sabha, the Lok Sabha is not a continuing chamber. Its
normal term is five years from the date of its first meeting after the general
elections, after which it automatically dissolves.

 Qualification, disqualifications etc. to be an MP

1. Eligibility
(a) Citizen of India.
(b) Minimum age – 30 years in Rajya Sabha and 25 years in Lok
Sabha.
(c) He must possess other qualifications prescribed by Parliament.
(Hence, the Representation of People Act, 1951).
 2. For being disqualified for being elected as an MP:
(a) if he holds any office of profit under the Union or state
government
(b) If he is of unsound mind and stands so declared by a court.
(c) If he is an un-discharged insolvent.
(d) if he is not a citizen of India or has voluntarily acquired the
citizenship of a foreign state or is under any acknowledgement
of allegiance to a foreign state; and
(e) If he is so disqualified under any law made by Parliament (RPA,
1951).

3. The Constitution also lays down that a person shall be disqualified from
being a member of Parliament if he is so disqualified on the ground of
defection under the provisions of the Tenth Schedule.

4. Double Membership - A person cannot be a member of both Houses of

Parliament at the same time.

5. A House can declare the seat of a member vacant if he is absent from all its
meetings for a period of sixty days without its permission.
 The Speaker of the Lok Sabha
1. The Speaker is elected by the Lok Sabha from amongst its members(as
soon as may be, after its first sitting). The date of election of the Speaker
is fixed by the President.

2. The Speaker offers his resignation to the Deputy Speaker and he can be
removed by a resolution passed by a majority of members of Lok Sabha,
however, only after giving him a 14-day notice.

3. He presides over a joint setting of the two Houses of Parliament.

Such a sitting is summoned by the President to settle a deadlock
between the two Houses on a bill.

4. He decides whether a bill is a money bill or not and his decision on this
question is final.

5. He can’t vote in the first instance, though can vote in the event of a tie.
When his removal motion is under consideration, he can take
part and speak in the proceedings and can vote as well but not in
the case of a tie. He can’t preside in that case.

6. G.V Mavlankar was the first Speaker of Lok Sabha.

7. Longest serving Speaker of Lok Sabha BalramJakhar.

8.There’s a post known as Protem Speaker, appointed by the President.

He is usually the oldest member of the last Lok Sabha and he presides over
the first session of the incoming Lok Sabha. President administers him the
oath.
 The Deputy Speaker of the Lok Sabha
1. Like the Speaker, the Deputy Speaker is also elected by the Lok
Sabha itself from amongst its members.

2. The date of election of the Deputy Speaker is fixed by the Speaker. The
removal process is same as that of speaker and he offers his resignation to the
Speaker of the Lok Sabha.

3. MadabhushiAnanthasayanamAyyangar was the first Deputy

Speaker of Lok Sabha.

4. He presides over the joint sitting in case of absence of the Speaker.

Sessions of Parliament
A ‘session’ of Parliament is the period spanning between the first sitting of a
House and its prorogation (or dissolution in the case of the Lok Sabha). The
time period between the prorogation of a House and its reassembly in a new
session is called ‘Recess’. There are usually three sessions. The budget session
is the longest and winter is the shortest.

1.The Budget Session(February to May)

2.The Monsoon Session(July to September)

3.The Winter Session(November to December)

The Governor
1. The Governor is the De Jure executive head at the state level. His
position is analogous to that of the President at the centre.

2. The Governor is appointed by the president.

3. To be appointed as the Governor of any state or two or more states as

person
(a) Should be a citizen of India.
(b) Should have attained 35 years of age.

4. He should not hold any office of profit as well.

5. Like the President, the governor is also entitled to a number of

immunities and privileges. During his term of office, he is immune
from any criminal proceedings, even in respect of his personal acts.

6. The oath chief justice of the corresponding state high court

and in case he’s absent, the senior-most judge of that particular court.

7. A governor holds office for a term five years from the date on
which he enters upon his office. He holds office until the pleasure of
the President and he offers his resignation to the President.

8. All executive actions of the government of a state are formally taken in his
name. He appoints the chief minister and other ministers. They also hold
office during his pleasure.

9. He appoints the advocate general of a state and determines his

remuneration. The advocate general holds office during the
pleasure of the governor.

10. He appoints the state election commissioner. However, the state

election commissioner can be removed only in like manner and on
the like grounds as a judge of a high court.

11. He appoints the chairman and members of the state public service
commission. However, they can be removed only by the president and not by a
governor.

12. A governor is an integral part of the state legislature. He can

summon or prorogue the state legislature and dissolve the state
legislative assembly.

13. He nominates one-sixth of the members of the state legislative

council.
14. He can nominate one member to the state legislature assembly from the
Anglo-Indian Community.

15. The Governor can withhold the assent to bills, return the bills for
reconsideration (if they’re not money bills), and even reserve the
bills for consideration by the President. (He can even reserve a
money bill for consideration by the President).

16. He can promulgate ordinances when the state legislature is not in session.
The ordinances must be approved by the state legislature within six weeks
from its reassembly. He can also withdraw an ordinance anytime (Article 213).

17. Money bills can be introduced in the state legislature only with his prior
recommendation.

18. He can grant pardons, reprieves, respites and remissions of

punishment or suspend, remit and commute the sentence of any
person convicted of any offence against any law relating to a matter
to which the executive power of the state extends (Article 161).

19. He is consulted by the president while appointing the judges of the

concerned state high court.

Important Articles
 Article153 - Governors of states
 Article 154 - Executive power of state
 Article155 - Appointment of Governor
 Article156 - Term of office of Governor
 Article157 - Qualifications for the appointment as the Governor
 Article158 - Conditions of the Governor’s office
 Article159 – Governor’s Oath or Affirmation
 Article161 - Power of the Governor to grant pardons and others
 Article163 – Aid and Advice by the Council of Ministers to the
Governor
 Article165 - Advocate-General for the state
 Article200 - Assent to bills (i.e. assent of the Governor to the bills
passed by the state legislature)
  Article201 - Bills reserved by the Governor for consideration of the
President
 Article213 – Governor’s power to promulgate ordinances
 Article217 – Consultation of Governor by the President in the
matter of the appointments of the judges of the High Courts

The Chief Minister

1. Chief Minister is the real executive authority (de facto executive). He is
the head of the government.

2. The total strength of the number of ministers, including the C.M, in the
state’s CoM should not exceed 15 per cent of the total strength of the
legislative assembly of that state. However, the number of ministers, including
the C.M, in a state should also not be less than12. This provision was added
by the 91st Amendment Act of 2003.

3. A member of either House of state legislature belonging to any

political party who is disqualified on the ground of defection shall
also be disqualified to be appointed as a minister. The provision was
also added by the 91st Amendment Act of 2003.

The State Legislature

 Organisation of the state Legislature

1. Most of the states in India have a Unicameral Legislature. 6

States have Bicameral Legislature, that is-Telangana, Andhra
Pradesh, Maharashtra, Bihar, U.P, and Karnataka. Now J&K has no
Legislative Council (after the abolition of 370 Article)

2. The Legislative Council (Vidhan Parishad) is the upper house (second

chamber or house of elders), while the Legislative Assembly (Vidhan Sabha) is
the lower house (first chamber or popular house).
Delhi and Puducherry are the only two UTs that have a Legislative Assembly.
Composition of the State Legislature
3. The legislative assembly consists of representatives directly elected by the
people on the basis of universal adult franchise. Its maximum strength is fixed
at 500 and minimum strength at 60 depending on the population size of the
state. However, in case of Sikkim it is 32;and Goa and Mizoram it’s 40.

4. The members of the legislative council are indirectly elected.

Maximum strength of the legislative council is fixed at 1/3rd of the
total strength of the corresponding assembly and the minimum
strength is fixed at 40. But an exception being Jammu and Kashmir
having 36 members.

5. Manner of Election Of the total number of members of a legislative council:

(a) 1/3 are elected by the members of local bodies in the state such
as municipalities etc.,
(b) 1/12 are elected by graduates of three years standing and
residing within the state,
(c) 1/12are elected by teachers of three years standing in the state,
not lower in standard than secondary school,
(d) 1/3 are elected by the members of the legislative assembly of
the state from amongst persons who are not members of the
assembly, and
(e) The remainder are nominated by the governor from amongst
persons who have a special knowledge or practical experience
of literature, science, art, cooperative movement and social
service.

Thus, 5/6 of the total number of members of a legislative council is

indirectly elected and 1/6 are nominated by the governor. The membersare
elected in accordance with the system of proportional
representation by means of a single transferable vote.
Duration of the two Houses

 Analogous to the Lok Sabha, the legislative assembly is also not a

permanent chamber. Term of the assembly is five years from the
date of its first meeting after the general elections.
 Analogous to the Rajya Sabha, the legislative council is a continuing
chamber, that is, it is a permanent body and is not subject to
dissolution. But, one-third of its members retire on the expiration of
every second year.
 Membership of the State Legislature
1. The Constitution lays down the following qualifications for a person to be
chosen a member of the State legislature.
(a) Citizen of India.
(b) He must be not less than 30 years of age in the case of the
legislative council and not less than 25 years of age in the case
of the legislative assembly.

2. He should not have been found guilty as per the provisions of RPA,1951. In
defection case also a member is liable to be disqualified asper Anti-Defection
Act (10TH Schedule).

3. Also, he should not be of unsound mind, he should not hold any

office of profit; he isn’t declared an un-discharged insolvent etc.

Presiding Officers of State Legislature

1. Each House of state legislature has its own presiding officer. There is a
Speaker and a Deputy Speaker for the legislative assembly and Chairman and
a Deputy Chairman for the legislative council. A panel of chairmen for the
assembly and a panel of vice-chairmen for the council are also appointed.

2. The Speaker is elected by the assembly itself from amongst its

members.

3. Like the Speaker, the Deputy Speaker is also elected by the assembly itself
from amongst its members. He is elected after the election of the Speaker has
taken place.

4. The Chairman is elected the council itself from amongst its

members.

5. The Speaker decides whether a bill is a Money Bill or not and his
decision on this question is final.
 Important Points related to the state Legislature
1. The maximum gap between the two sessions of state legislature
cannot be more than six months, that is, the state legislature should meet at
least twice a year.

2. Quorum is the minimum number of members required to be

present in the House before it can transact any business. Either its
10 or 1/10th of the total number of members in that particular
House(including the presiding officer).

3. In addition to the members of a House, every minister and the

advocate general of the state have the right to speak and take part
in the proceedings of either House or any of its committees of which
he is named a member, but Advocate General can’t vote.

4. A Money Bill cannot be introduced in the legislative council. It can be

introduced in the legislative assembly only and that too on the
recommendation of the governor. Every such bill is considered to be a
government bill and can be introduced only by a minister.
 The Panchayati Raj Institutions
 The Panchayats
1. The local self-government at the grass-root levels signifies the
Panchayati raj institutions.

2. They were constitutionalized by 73rd and 74th constitutional

amendment acts 1992 respectively.

3. In January 1957, the Government

of India appointed a committee to
examine the working of the Community
Development Programme(1952) and
the National Extension Service (1953)
and to suggest measures for their better
working. The chairman of this committee
was Balwant Rai G Mehta. It was as per the recommendations of this
committee that Panchayati Raj Institutions came up in India post-
independence.

4. Rajasthan was the first state to establish Panchayati Raj. The

scheme was inaugurated by the prime minister on October 2, 1959,
in Nagour district. Next was Andhra Pradesh, which too adopted the
system in 1959. Gradually, more states followed.
5. In December 1977, the Janata Government appointed a committee on
panchayati raj institutions under the chairmanship of Ashok Mehta to revive
and strengthen the declining PRIs in India.
6. The Committee on Administrative Arrangement for Rural
Development and Poverty Alleviation Programmes under the
chairmanship of G.V.K. Rao was appointed by the Planning
Commission in 1985.

7. In 1986, Rajiv Gandhi government appointed a committee on

‘Revitalisation of Panchayati Raj Institutions for Democracy and
Development’ under the chairmanship of L M Singhvi.

8. The 73rd constitutional amendment act 1992 has added a new Part-IX to
the Constitution of India titled ‘The Panchayats’ and consists of provisions
from Articles 243 to 243 O. In addition, the act has also added a new
Eleventh Schedule to the Constitution. This schedule contains 29 functional
items of the panchayats. It deals with Article243-G.

9. The Amendment created a constitutional institution known as Gram

Sabha, which is a body at the village level comprising of all the registered
voters in the village within the area of the Panchayat.

10. The 73rd CAA provides for three-tier system of PRIs in every state-village,
intermediate and district levels.

11. The members of panchayat shall be directly elected by the people. Further,
the chairperson of panchayats at the intermediate and district levels shall be
elected indirectly—by and from amongst the elected members thereof.
However, the chairperson of a panchayat at the village level shall be elected in
such manner as the state legislature determines.

12. Normal term of the Panchayat at every level shall be five years. The
dissolution can also take place before the expiry of the term of the Panchayat.
Fresh elections must be held before the expiry of the incumbent Panchayat
and if there’s dissolution, then before the expiration of 6 months.
13. The superintendence, direction and control of the preparation of
electoral rolls and the conduct of all elections to the panchayats
shall be vested in the state election commission.

14. The minimum age to contest elections at the panchayat level is 21years.

15. Some states where this act does not apply in totality – J&K, Mizoram,
Meghalaya and Nagaland and some other scheduled and tribal areas.

16. The act came into effect from 24th April, 1993 and added a new parts–
part ninth and ninth-A; and new schedules- 11th and 12th to the constitution
of India.

 The Municipalities

1. The term ‘Urban Local Government’ in India signifies the governance

of an urban area by the people through their elected
representatives. The jurisdiction of an urban local government is
limited to a specific urban area which is demarcated for this purpose
by the state government.
2. The system of urban government was constitutionalised through the74th
Constitutional Amendment Act of 1992. It added a new part –part 9th-A; and
a new schedule- schedule 12th to the constitution of India. There are eight
types of urban local governments in India in totality.

3. In 1687-88, the first municipal corporation in India was set up at

Madras.

4. In 1726, the municipal corporations were set up in Bombay and

Calcutta.

5. Lord Ripon is regarded as the father of local-self-government in

India. His resolution of 1882 is considered as the ‘Magna Carta’ of
local self-rule in this regard.

6. NOTE – The part 9th B was added by 97th constitutional amendment act,
2012 and provides constitutional status to the co operative societies.

The Judiciary
 THE SUPREME COURT

1. The present-day Supreme Court of India started functioning on

January 28, 1950. Its predecessor was the Federal Court of India,
which was created as per the Government of India Act of 1935.
2. Articles 124 to 147 mentioned in Part V of the Constitution deal with the
organisation, independence, jurisdiction, powers, and procedures and so on of
the Supreme Court.

3. At present, the strength of Supreme Court’s judges stands at 34 judges

(one chief justice and thirty three other judges).

4. Originally, the strength of the Supreme Court was fixed at eight (one chief
justice and seven other judges).

5. The judges of the Supreme Court are appointed by the president. The
appointment of the Chief Justice is made by the president after consultation
with such judges of the Supreme Court and high courts as he deems
necessary. The other judges are appointed by president after consultation with
the chief justice and such other judges of the Supreme Court and the high
courts as hedeems necessary. The consultation with the chief justice is
obligatory in the case of appointment of a judge other than Chief
justice.

6. In 2015 the National Judicial Appointments Commission was

declared Ultra Vires by the Supreme Court and hence the collegium
system still holds the ground mentioned above.

7. Qualification- A person to be appointed as a judge of the Supreme

Court should have the following qualifications:
(i) He should be a citizen of India.
(ii) (a) He should have been a judge of a High Court (or high courts
in succession) for five years.
(b) He should have been an advocate of a High Court (or High Courts in
succession) for ten years
(c) He should be a distinguished jurist in the opinion of the president.
8. Oath- The oath to the judges and CJI is administered by the President, or
any other person appointed by him for this purpose.

9. Tenure of Judges
 He holds office until he attains the age of 65years.
 He can resign his office by writing to the president.
 He can be removed from his office by the President on the
recommendation of the Parliament.

10. Removal of Judges A judge of the Supreme Court can be removed from
his Office by an order of the President. However he can do soonly after an
address by Parliament has been presented to him in the same session for such
removal. The address must be supported by a special majority of each House
of Parliament - a majority of the total membership of that House and a
majority of not less than two-thirds of the members of that House present and
voting. The grounds of removal are —proved misbehaviour or incapacity.

11. The removal process of both the Supreme Court and High courts are
same.

12. The jurisdiction and powers of the Supreme Court can be classified into-
Original Jurisdiction, Writ Jurisdiction, Appellate Jurisdiction, Advisory
Jurisdiction, A court of Record and so on.

13. Original Jurisdiction - when the case is involved between centre and
states or two or more states or centre and two or more states being anti. The
first such instance came in 1961 in west Bengal VS the centre.

14. The Constitution has constituted the Supreme Court as the

guarantor and defender of the fundamental rights of the citizens.
The Supreme Court is empowered to issue writs including habeas
corpus, mandamus, prohibition, quo-warranto and certiorari for the
enforcement of the fundamental rights of an aggrieved citizen. The
difference between supreme court’s and high court’s writ jurisdiction is that
the supreme court can issue writs in cases involving only fundamental rights
and the high courts can issue writs otherwise as well.
 The High Court

1. The institution of high court originated in

India in 1862 when the high courts were
set up at Calcutta, Bombay and Madras.
The four thone was established at Allahabad
in 1866 and subsequently in other provinces
in British India and then as they were called states after independence.

2. As per the 7th Amendment Act of 1956, the Parliament can

establish a common high court for two or more states or for two or
more states and a union territory.

3. At present, there are 25 high courts in the country. Out of them,

three are common high courts. Delhi is the only union territory that
has a high court of its own (since 1966). The other union territories
fall under the jurisdiction of different state high courts.

4. Appointment of Judges The judges of a high court are appointed by the

President. The chief justice of the High Court is appointed by the President
after consultation with the chief justice of India and the governor of the state
concerned. For appointment of other judges, the chief justice of the concerned
high court is also consulted. In case of a common high court for two or more
states, the governors of all the states concerned are consulted by the
president.

5. Qualifications of Judges A person to be appointed as a judge of a

high court should have the following qualifications
 He should be a citizen of India.
 He should have held a judicial office in the territory of India for ten
years.
 He should have been an advocate of a high court (or high courts in
succession) for ten years.

6. Oath or Affirmation Oath to the judge is administered by thegovernor of

the state or some person appointed by him for this purpose.

7. Tenure of Judges
 He holds office until he attains the age of 62years.
 He can resign his office by writing to the president.
 He can be removed from his office by the President on the
recommendation of the Parliament.
 He vacates his office when he is appointed as a judge of the Supreme
Court or when he is transferred to another high court.
 Constitutional Institutions

A constitutional body or an institution is the one which is specifically

mentioned in the text of the constitution either originally or by virtue of some
amendment, whereas a non-constitutional body is the one which isn’t
mentioned in the text of the constitution.

 Election Commission
1. Article 324- of the Constitution mentions about the election
commission mentioned in part XV.

2. The institution of Election Commission

presently consists of the chief
election commissioner and two other
election commissioners, appointed by
the President.
2. They hold office for a term of six years. The age of retirement is 65years,
whichever comes earlier.
4. The first election commissioner of India was Sukumar Sen.
 Comptroller & Auditor General of India
1. The Constitution of India (Article 148) provides for an independent office of
the Comptroller and Auditor General of India (CAG).

2. He is the head of the Indian Audit and Accounts Department.

3. He is the guardian of the public purse and controls the entire

financial system of the country at both the levels—the Centre and
the state.

4. This is the reason why Dr B R Ambedkar said that the CAG shall be the
most important Officer under the Constitution of India.
5. The CAG is appointed by the president of India by a
warrant under his hand and seal.
6. He holds office for a period of six years or up to the age of 65 years,
whichever is earlier.

7. He can be removed by the President either on the grounds of proven

misbehaviour or incapacity. The method of removal is same as that of a judge
of the Supreme Court.

8. He is not entitled to hold any further employment after he retires or is

removed, either at the centre or at the state government level.

9. The administrative expenses of the office of the CAG, including all salaries,
allowances and pensions of persons serving in that office are charged upon
the Consolidated Fund of India. Thus, they are not subject to the vote of
Parliament.

10. He audits accounts related to all expenditure from Consolidated Fund of

India, consolidated fund of each state and consolidated fund of each union
territory having a Legislative Assembly.

11. He audits all expenditure from the Contingency Fund of India and the
Public Account of India as well as the contingency fund of each state and the
public account of each state.

12.Article 151- He submits his audit reports relating to the accounts of the
Centre to President, who shall, in turn, place them before both the Houses of
Parliament

13. He submits his audit reports relating to the accounts of a state to

governor, who shall, in turn, place them before the state legislature(Article
151).
14. The President lays the reports submitted by CAG before both the Houses
of Parliament. The Public Accounts Committee then
scrutinizes them and reports the findings to the Parliament.
ELECTION COMMISSION (ECI) & COMPTROLLER AND AUDITOR
GENERAL OF INDIA (CAG):
Body Election Commission of India Comptroller & Auditor General (CAG)
(ECI)

Article  Article 324, Part-XV  Article 148 to 151, Part V

 ECI conducts elections of  Head of the Indian Audit and Accounts
Parliament, State Department.
Legislatures, the office of  "Guardian of the public purse and
President of India and the controls the entire financial system of the
office of Vice-President of country at both the levels-the Centre and
India. the state
 ECI is one of the bulwarks  CAG is one of the bulwarks of the
of the constitution. constitution
 ECI is a unitary feature of
the Indian constitution.

Appointment By President  CAG is a unitary feature of the Indian

constitution.
 By President
 Oath or affirmation before the president

Qualification Qualification not prescribed by Qualification not prescribed by the Constitution

the Constitution

Members  Strength not specified in  Single member body

the constitution and left at  CAG is ranked 9th and enjoys the same
discretion of the President status as a stung judge of SC in order of
 Presently 3-member body precedence.

Tenure and  The Constitution does not  Salary and Service conditions are
Salary specify the term of the determined by the Parliament
members of the Election  Salary equal to judge of the SC
Commission.  6 years or age of 65 years.
 Conditions of Service and  Not eligible for further appointment in
Tenure of office are GOI or State
determined by the
president.
 Salary equal to judge of
the SC
 CEC and two other
election commissioners
have equal powers,
salary, allowances.
 Currently 6 years or age of
65 .
 The Constitution has not
 debarred from further
appointment.
Resignation To the President To the President

 Removal in the same Same as for ECI

Removal manner and on the same
Procedure grounds as a judge of the
Supreme Court i.e,
removed by the president
on the basis of a
resolution passed by both
the Houses of Parliament
with special majority, only
on the ground of proved
mis behaviour or
incapacity.
 He does not hold office
during the pleasure of the
President.

Independence  CEC provided with the  Security of Tenure: He can be removed

security Security of tenure: by the president only in accordance with
He cannot be removed the procedure mentioned in the
from his office except in Constitution.
the same manner and on  Not eligible for further office either under
the same grounds as a the Gol or of any state
judge of the Supreme  Service conditions: of the CA cannot be
Court varied.
 Other election  Charged upon Consolidated Fund of
commissioner: cannot be India: administrative expenses, salaries,
removed from office allowances and pensions of persons
except on serving
recommendation of the
CEC
 Service conditions cannot
be varied.

Other Aspects  Members removed  Consultation with the CAG: Conditions of

recommendation of the service of persons serving in the Indian
CEC. Audit and Accounts Department and the
 Advises President & administrative powers of the CAG are
Governors on matters of prescribed by the president
disqualification of MP and  CAG audits: expenditure from
MLA respectively. Consolidated Fund (Centre, each state
 All-India body: common and UT with a Legislative Central and
to both Central & State state governments. Assembly,
Governments. Contingency Fund (Centre and each
 Not concerned with state), Public Account of India (Centre
elections to panchayats and each state).
 and municipalities in the  CAG acts as a guide, friend and
states. philosopher of the Public Accounts
 In case of difference of Committee of the Parliament.
opinion amongst CEC  CAG submits three audit reports to the
and/or two other election President- audit report on appropriation
commissioners, the matter accounts, audit report un finance
is decided by Commission accounts, and audit report an public
the majority. undertakings. The President lays these
 61st CAA (1909): Lowering reports before both the Houses of
of the voting age from 21 Parliament. After this, the Public Accounts
to 18 years Committee examines them and reports its
findings the Parliament.
 CAG is an agent of the Parliament and
conducts audits of expenditure on behalf
of the Parliament. He is responsible only
to the Parliament.
 Limitations:
 Secret service expenditure is a
limitation on the auditing role of
the CAG
 No control over the issue of money
from the consolidated fund, as
CAL is limited to audit stage only

 Britain model of CAG executive can

draw money from the public exchequer
only with the approval of the CAG
  Union Public Service Commission

1. Mentioned under articles 315 to 323 in Part XIV of the Constitution(Article

315 mentions about the public service commission for the union and the
states).

2. The UPSC consists of a chairman and other

members appointed by the president of India.

3. Term is of six years or the retirement

age is 65 years, whichever is earlier.

4. The chairman of UPSC (on ceasing to hold office)

is not eligible for further employment in the
Government of India or a state.

 State Public Service Commission

1. A State Public Service Commission consists of a chairman and other

members appointed by the governor of the state.

2. The term of office is 6 years or retirement age is 62 years, which ever is

attained earlier. They offer their respective resignations to the governor.

3. The chairman and members can be removed only by the President, though
they’re appointed by the Governor. The ground for removal is same as that of
a chairman or a member of the UPSC.

4. NOTE – There is a provision for establishment of a Joint Public

Service Commission (JPSC) for two or more states under the
constitution.

5. A JPSC is/can be created by an act of parliament on the request of the

respective states, unlike UPSC and SPSC which are constitutional bodies.
Hence, a JPSC is a statutory body not a constitutional one.
6. The chairman and members of a JSPSC are appointed by the
president. The term of office is again six years or the age of retirement is
62years, whichever comes earlier.

 Finance Commission

1. Article 280 of the Constitution of India provides for a Finance

Commission. It is constituted by the president of India every fifth
year or at such earlier time as he considers necessary.

2. The Finance Commission consists of a chairman and four other

members to be appointed by the president. They hold office for such
period as specified by the president in his order. They are eligible fore
appointment.

3. It is majorly an advisory body though and it advises on distribution of net

proceeds of taxes to be shared between the centre and the states and the
allocation between the states the respective shares of such proceeds.

4. The Chairman of the first finance commission was K.C Neogi and
presently it is the 15th F.C whose chairman is N.K. Singh.

 National Commission for SCs

 Mentioned in the Article 338 of the Constitution of India.

 National Commission for STs

 Mentioned in the Article 338-A of the Constitution of India.


  Special Officer for Linguistic Minorities
 It is mentioned in Article 350-B in Part XVII of the Constitution.

NATIONAL COMMISSION FOR SCHEDULED CASTES, SCHEDULED TRIBES, AND

BACKWARD CLASSES

Body Scheduled Castes (Article 338, Part - XVI )& Backward Classes Article 338,
Scheduled Tribes (Article 338A, Part - XVI ) Part- XVI

Article  Originally: Art.338 provided for Special  Originally: NCBC was set
officers for SC & ST up in 1993 as a Statutory
 1978: Non-statutory multi-member body according to the
commission (through resolution) Mandal case. judgment of
 1987: Commission renamed as National SC (1992).
Commission for SCS & STS.  102nd CAA, 2018:
 65th CAA 1990: multi-member National accorded Constitutional
Commission for SCS & STs with status with the insertion of
constitutional status. new Art.3388.
 89th CAA 2003: Single commission
separated into NCSC (Art.338) & NCST
(Art.338A).

Appointment By President by warrant under his hand and seal.

Members President appoints: Chairperson Vice Chairperson + 3 others

Tenure  President determines tenure and conditions of service

of office
 Under the Rules, they hold office for a term of three
years.

Reports  Presents an annual report to the President.

 President places all such reports before the Parliament
 Also forwards any report of the Commission pertaining
to a state government to the state Governor.
 Governor places it before the state legislature
Body Scheduled Castes (Article Scheduled Tribes (Article Backward Classes Article
338, Part - XVI ) 338A, Part - XVI ) 338, Part- XVI

Other  Power of civil court in  Power of civil court in  Power of civil court in
Aspects certain matters. certain matters. certain matters.
 The Commission is  The Commission is  The Commission is
vested with the power vested with the power vested with the power
to regulate its own to regulate its own to regulate its own
procedure. procedure. procedure.
 Discharges similar  Measures for the  Participate and advise
functions regarding the implementation of the on the of the socio-
Anglo-Indian PESA Act, 1996. economic development
Community.  Measures to be taken of Socially and
 Till 2018, the to: Educationally
commission was also  Reduce and ultimately Backward Classes.
required to discharge eliminate the shifting
similar functions with cultivation practice by
regard to OBCs tribals.
 It was relieved by the  Improve the efficacy of
creation of NCBC relief and rehabilitation
(Art.338B) measures.
 To prevent alienation of
tribal people.
 Conferring ownership
rights in respect of
MFPs.

 Attorney General of India(Article 76)

1. Titled as the highest law officer in the country.

2. Appointed by the President.

3. An AGI is one who is qualified to be appointed a judge of the
Supreme Court.
4. Term is not fixed and he holds office during the pleasure of the
President.
5. In the performance of his official duties, the Attorney General has
the right of audience in all courts in the territory of India. Further,
he has the right to speak and to take part in the proceedings of both the
Houses of Parliament or their joint sitting and any committee of the
Parliament of which he may be named a member, but without aright to vote.
He enjoys all the privileges and immunities that are available to a Member of
Parliament.
6. NOTE- In addition to the AG, there are other law officers of the
Government of India. They are the solicitor general of India and
additional solicitor general of India. They assist the AG in the
fulfilment of his official responsibilities. It should be noted here that
only the office of the AG is created by the Constitution. In other
words, Article 76 does not mention about the solicitor general and
additional solicitor general.

7. The first and the longest serving AGI of India was Motilal Chaman Lal
Setalvad.

 Advocate General of the State

1. The Constitution (Article 165)has provided for the office of the

advocate general for the states. He is the highest law officer in the
state. Thus he corresponds to the Attorney General of India.

2. The advocate general is appointed by the governor. He must be a

person who is qualified to be appointed a judge of a high court.
ATTORNEY GENERAL OF INDIA AND ADVOCATE GENERAL OF STATE
Body Attorney General of India Advocate General of State

Article  Article 76, Part-V  Article 165, Part -VI

 Part of Union Executive  Part of State Executive

Appointment By President By Governor

Qualification  Qualified to be Judge of SC i.e,  Qualified to be Judge of HC

 Citizen of India i.e,
 Must have been a judge of some  Citizen of India.
HC for5 years or  Must have been in judicial
 An advocate of some HC for 10 service of State for 10 years or
years or  An advocate of HC for 10
 An eminent jurist, in the opinion of years.
the president.

Tenure  Not fixed by Constitution  Not fixed by Constitution

[Conventionally till CoM have vote (Conventionally till CoM have
of confidence in parliament) vote of confidence in state
 Holds office during the pleasure of legislature)
the President.  Holds office during the
pleasure of the Governor.

Salary  Not fixed by constitution  Not fixed by constitution

  As President may determine.  As Governor may determine.

Resignation  To the President.  To the Governor.

 Conventionally, he resigns when  Conventionally, he resigns
CoM resigns or is replaced, as he is when CoM resigns or is
appointed on its advice. replaced, as he is appointed
on its advice.

Removal  Term of office is not fixed by the  Term of office is not fixed by
Procedure Constitution. the Constitution.
 The Constitution does not contain  The Constitution does not
the procedure and grounds for his contain the procedure and
removal. grounds for his removal.

Duties and  Advice to the Gol upon legal  Advice to state government
Functions matters upon legal matters.
 To appear un behalf of the Gol in  Discharges the functions
all cases in the SC/HC in which the conferred on him by the
Gol is concerned. Constitution.
 Represent the Gol in any reference  Perform such other duties of a
made by the president to the SC legal character that are
under Art.143 of the Constitution. assigned to him by the
governor

Other Aspects  Highest law officer in the country.  Highest law officer in the State.
 The Attorney General is not a  Right of audience before any
fulltime counsel and does not fall in court of law. within the state.
the category of government  Right to speak and to take part
servants so he can do his private in the proceedings of the state
legal practice. legislature and any committee
 Right of audience in all courts in of the state legislature of which
the territory of India. he is a member, but without a
 Right to speak and to take part in right to vote.
the proceedings of Parliament or  He enjoys all the privileges and
their joint sitting and any immunities that are available
committee of the Parliament of to a Member of State
which he is a member, but without Legislature
a right to vote.
 He enjoys all the privileges and
immunities that are available to a
Member of Parliament.
 Solicitor General of India
 The Solicitor General of India and Additional Solicitor General of India assist the AGI in
the fulfilment of his official responsibilities.
 Only the office of the AG is created by the Constitution.
 Art.76 does not mention the Solicitor General and Additional Solicitor General

Some Important Non-Constitutional Bodies

 PLANNING COMMISSION

1. Established in March 1950 by an executive resolution of the

Government of India, (i.e., union cabinet) on the recommendation
of the Advisory Planning Board constituted in 1946, under the
chairmanship of Jawahar Lal Nehru.
Thus, the Planning Commission is
Neither a statutory institution nor a
constitutional one. In India,
it is the supreme organ of
planning for social and economic
development. Now, it has been
replaced by another body named
NITI Aayog from 1st January, 2015.

2. The P.M of India is the ex-officio chairman of the commission. He

presides over the meetings of the commission.

3. The commission has a deputy chairman. He is the de facto executive head

(i.e., full-time functional head) of the commission. He is responsible for the
formulation and submission of the draft Five-Year Plan to the Central cabinet.
He is appointed by the Central cabinet for a fixed tenure and enjoys the rank
of a cabinet minister. Though he is not a member of cabinet, he is invited to
attend all its meeting (without a right to vote).
  National Development Council

1. The National Development Council (NDC) was established in August1952 by

an executive resolution of the Government of India on there commendation of
the first five year plan (draft outline). Like the Planning Commission, it is
neither a constitutional body nor a statutory body.

2. The NDC is composed of the following members.

A. P.M of India (as its chairman/head).
B. All Union cabinet ministers (since 1967).
C. Chief Ministers of all the states.
D. Chief Ministers/administrators of all the
union territories.
E. Members of the Planning Commission.

 National Human Rights Commission

1. The NHRC is a statutory (and not a constitutional) body. It was

established in 1993 under a legislation enacted by the Parliament,
namely, the Protection of Human Rights Act, 1993. This Act was
amended in 2006.

2. The commission is a multi-member body consisting of a chairman and four

members. The chairman should be a retired chief justice of India.

3. The chairman and members are appointed by the president on the

recommendations of a six-member committee consisting of the
prime minister as its head, the Speaker of the Lok Sabha, the Deputy
Chairman of the Rajya Sabha, leaders of the Opposition in both the Houses of
Parliament and the Central home minister. Further, a sitting judge of the
Supreme Court or a sitting chief justice of a high court can be appointed only
after consultation with the chief justice
of India.

4. The chairman and members hold office for a term of five years or
until they attain the age of 70 years, whichever is earlier. They are
not eligible for further employment under the Central or a state
government.

 Central Information Commission

1. The CIC was established by the Central Government in 2005. It was

constituted through an Official Gazette Notification under the
provisions of the Right to Information Act (2005). Hence, it is not a
constitutional body.

2. They are appointed by the President on the recommendation of a

committee consisting of the Prime Minister as Chairperson, the
Leader of Opposition in the Lok Sabha and a Union Cabinet Minister
nominated by the Prime Minister.
3. They should be persons of eminence in public life with wide knowledge and
experience in social service, science and technology, mass media,
management, journalism, law, or administration and governance.

4. They should not be M.Ps or MLAs of any State or Union Territory.

They should not hold any other office of profit or connected with
any political party or carrying on any business or pursuing any
profession.

5. The term of office is 5 years and/or retirement age is 65 years,

whichever comes earlier. They are ineligible for reappointment.

6.The Commission consists of a Chief Information Commissioner and not-

more-than ten Information Commissioners.

7. They can be removed by the President only as per the conditions as

mentioned in the case of NHRC.

 Central Vigilance Commission

1. The CVC is the main agency for preventing corruption in the Central
government. It was established in 1964 by an executive resolution of the
Central government. Its establishment was recommended by the Santhanam
Committee on Prevention of Corruption (1962–64).
2. Thus, originally the CVC was neither a constitutional body nor a
statutory body. In September 2003, the Parliament enacted a law
conferring statutory status on the CVC.
3. The CVC is a multi-member body consisting of a Central Vigilance
Commissioner (chairperson) and not more than two vigilance commissioners.

4. They are appointed by the president by warrant under his hand and seal
on the recommendation of a three-member committee consisting of the prime
minister as its head, the Union minister of home affairs and the Leader of the
Opposition in the Lok Sabha.

5. They hold office for a term of four years or until they attain the age of 65
years, whichever is earlier. After their tenure, they are not eligible for further
employment under the Central or a state government.

NIA (National Investigation Agency)

 Chief: Y.C. Modi (appointed in 2017, an IPS Officer)
 It is a statutory body
 Established in – 2008
 Head Quarters – CGO Complex New Delhi, India
 It works under Ministry of home Affairs.
 649 People working under this.
 Director General of NIA --- Dinkar Gupta
 Elected Officer responsible – Amit Shah ( Home Affair Minister)
 The NIA can investigates terror cases across the country without having to get
permission from the states.
 NIA Amendment Act 2019:
 It was passed by the parliament & received the presidential assent in July 2019.
This Act has made a few major changes to the original NIA Act of 2008. The
changes are discussed below:
 It allows the agency to investigate the following offences as well:
 Human Trafficking
 Counterfeit currency or Bank notes related offences.
 Sale or manufacture of prohibited arms.
 Cyber Terrorism
 Offences under the Explosive Substances Act, 1908.
 CENTRAL BUREAU OF INVESTIGATION

Recommended by Santhanam Committee (on corruption).

About  Premier investigating agency of the Central Government

 In 1963 by resolution derives powers from Delhi Special Police
Establishment Act, 1946.
 Non-statutory body
 Under the Ministry of Personnel (now enjoys the status of an
attached office).

Composition  Headed by: Director 12 years Tenure security in office by CVC

Act, 2003)
 Additionally: number of joint directors + deputy inspector generals
+ superintendents of police + all other usual ranks of police
personnel,

Appointment of  3-member committee: PM (Chairperson) + Leader of Opposition

Director (LS) + CJI or Judge of SC (nominated by him).
 In case of no recognized leader of opposition in the Lok Sabha,
then leader of the single largest opposition party in the Lok Sabha
would be a member of that committee.

CBI investigates  Crime of corruption, economic offenses, serious and organized

crime.
 Not terrorism.

NIA (2008)  Incidents of terrorist attacks, funding of terrorism, Provide

assistance to CVC & Lokpal in investigation.

Nodal National Central Bureau of Interpol in India.

General Consent  When a state gives a general consent (DSPE Act) to the CII for
probing a case, the agency is not required to seek fresh
permission every time it enters that state in connection with
investigation or far every case
 GST COUNCIL AND SPECIAL OFFICER FOR LINGUISTIC
MINORITIES
Body GST Council Special Officer for Linguistic Minority

Article Article 279A, Part-XII Article 350B, Part-XVI

Appointment By Presidential order. By President

Composition  Finance Minister (chair) + Ministers  The Constitution does not specify
of state I/C of finance + Ministers the Qualification, Tenure, Salaries,
of state I/C of finance by each allowances. Service condition
state government. and procedure for removal.

Other Aspects  Quorum: 50% of total members.  The 7th CAA of 1956 inserted a
 Every decision by majority of new Art.350B in Part XVII of the
3/4th of members present & Constitution.
voting  The Office of the Special Officer
 Weightage of votes: for Linguistic Minorities was
o Center: 1/3rd created in 1957-designated as
o States: 2/3rd Commissioner for Linguistic
 GST: 101st CAA 2016 Minorities.
 The Secretariat of Council is  Headquarters at Allahabad
located at New Delhi.  The Commissioner falls under the
Ministry of Minority Affairs.
 Submits the annual reports or
other reports to the President
through the Union Minority Affairs
Minister
 Cooperative Societies
 Subject/List : Seventh Schedule State list (Entry 32)
 97th CAA of 2011: Accorded Constitutional Status and gave protection to co-
operative societies
 Three changes:
 Right to form co-operative societies Isa fundamental right (Article 19)
 Added new DPSF on promotion of cooperative societies (Article 438).
 Added new Part IX-B in the Constitution: The Cooperative Societies Articles 24
32H to 24321).
 Incorporation of Co-operative Societies:
 State legislature: may make provisions for the incorporation, regulation,
winding-up of co-operative societies (Article 243ZI).
 Number and Term of Members of Board and its Office Bearers: (Article 243 Z)
 Directors: Such number of directors may be provided by the state legislature but not
more than 21.
 Term of office: 5 years from the date of election and election of a board shall be
conducted before the expiry of the term of the current board (Article 243 ZK) by such
body, as may be provided by the state legislature
 Reservation of seats: The state legislature shall provide reservation of 1 seat [SC/ST] + 2
seats (women) un the board of every cooperative society having members from such
a category of persons.
 Co-opted members: The state legislature shall make provisions for ca-option of persons
having experience in banking, management, finance etc to the board whose
numbers shall not exceed two (in addition to twenty-one directors) without any right to
 Supersession and Suspension of Board and Interim Management:(Article 243 ZL):
 No board shall be superseded or kept under suspension for a period exceeding
six months In case of cooperative banks, other than multi-state cooperative
banks, this period cannot exceed one year)
 However, the board of any such co-operative society shall not be superseded
or kept under suspension where there is no Government shareholding or loan or
financial assistance or any guarantee by the Government.
 Audit of Accounts of Co-operative Societies: (Article 243 ZM)
 State legislature may make provisions for the maintenance and auding of
accounts of the co-operative societies (within six months of the close of the
financial year) at least once in each financial year.
 Application to Multi-state Co-operative Societies:
 The provisions of this part shall apply to the multi- state co-operative societies
and these will come under the ambit of the central government
  Application to Union Territories: The provisions of this part shall apply to the UTS The
President may direct that the provisions of this part shall not apply to any Union territory
or part thereof as he may specify in a notification (Article 243 ZS).

Anti- Defection Law

 52nd CAA (1985):
 Changes in four Articles: 101, 102, 190 and 191.
 Added Tenth Schedule to the constitution.
 Disqualification (MPS+ MLAs): ground of defection from one party to another

 91st CAA (2003):

 Union CoM: total number of ministers, including the PM, in the Central Ce shall
not exceed 15 percent of the total strength of the Lok Sabha.
 State CoM: Total number of ministers, including the CM, in state CoM shall not
exceed 15 percent of the total strength of the Legislative Assembly of that state,
and shall not be less than 12 (including CM).
 A member of either House of Parliament/ State Legislature (Article 75/164) of
any party disqualified on ground of defection is also disqualified as a minister
 A member of either House of Parliament or House of a State Legislature
belonging to any political party who is disqualified on the ground of defection
shall also be disqualified to hold any remunerative political post.
 Provision of the Tenth Schedule (anti-defection law) pertaining to exemption
from disqualification in case of split by one-third members of legislature party
has been deleted

 PROVISIONS OF THE ANTI- DEFECTION LAW

Members of Political Parties:

 A member of House belonging to any political party becomes disqualified for being a
member of the house if
 He/she voluntarily gives up his membership of such political party; or
 He/she votes or abstains from voting in such House contrary to any direction issued by
ha political party without obtaining prior permission of such party and such act has not
been condoned by the party within 15 days.
Independent Members:
 Becomes disqualified to remain a member of the House if he joins any political party
after such election.
Nominated Members:

 Becomes disqualified for being a member of the House if he joins any political party
after the expiry of six months from the date un which he takes his seat in the House
 He may join any political party within six months of taking his seat in the House without.
inviting this disqualification
Exceptions:
 The above disqualification on the ground of defection does not apply if
 A member goes out of his party as a result of a merger of the party with another party
A merger takes place when two-thirds of the members of the party have agreed to
such a merger.
 A member, after being elected as the presiding officer of the House, voluntarily gives
up the membership of his party or re joins it after he ceases to hold that office
Adjudicating Authority

 Any question regarding disqualification arising out of defection is to be decided by the

presiding officer of the House chairperson in RS and speaker in L.S
 SC in Kihoto Hollohan Case (1993): declared finality of decision of Speaker under tenth
schedule as unconstitutional and open to judicial review on the grounds of being
malafide, perversity, etc.

Rule-Making Power:
 Presiding officer of a House is empowered to make rules to give effect to the provisions
of the Tenth Schedule. All such rules must be placed before the House for 30 days. The
House may approve or modify or disapprove them
 Presiding officer can take up a defection case only when he receives a complaint
from a member of the House.
 He may also refer the matter to the committee. of privileges for inquiry Hence,
defection has no immediate and automatic effect
 Types of Bills
Based on Introduction

Public Bill Private Bill

Introduced by the Minister in Parliament, Introduced by any member other than a

introduction requires 7 days notice: Drafted by minister; Introduction requires 1-month notice;
concerned department Drafting the responsibility of the concerned
member

Based on Subject Matter

Ordinary Bill Money Bill (Article 110).

 It can be introduced either in the  It can be introduced only in the Lok Sabha
Lok Sabha or the Rajya Sabha. and not in the Rajya Sabha
 It can be introduced either by a  It can be introduced only by a minister.
minister or by a private member  It can be introduced only on the
 It is introduced without the recommendation of the President.
recommendation of the of the  It cannot be amended or rejected by the
President Rajya Sabha. The Rajya Sabha should
 It can be amended or rejected by return the bill with or without
the Rajya Sabha recommendations, which may be
 It can be detained by Rajya accepted or rejected by the Lok Sabha.
Sabha for a maximum period of Six  It can be detained by the Rajya Sabha for
Months. a maximum period of 14 days only
 It does not require the certification  It requires the certification of Speaker
of the Speaker when transmitted when transmitted to the Rajya Sabha.
to the Rajya Sabha. (if it has  It is sent for the President's assent events
originated in the Lok Sabha) approved by only Lok Sabha. There is no
 It is sent for the President's assent chance of any disagreement between
only after being approved by both the two Houses and hence, there is no
the houses. In case of a deadlock provision of joint sitting of both House in
due to disagreement between the this regard.
two louses, a joint siring of both the  Its defeat in the Lok Sabha loads to the
houses can be summoned by the resignation of the government
President to resolve the deadlock.  It can be rejected or approved but
 Its defeats in the Lok Sabha may cannot be returned for reconsideration by
lead to the resignation of the the President.
government (if it is introduced by a
minister).
 It can be rejected, approved,
returned for reconsideration by the
President
 Financial Bill Article 117(1) and 117(3): Constitutional Amendment Bill

 Matter concerned: Financial matters  Matter concerned: the amendment

other than the matters of money of the provisions of the Constitution
bills. (Art. 368).
 All Money hills are financial bills,  There is no provision for a joint
but all financial bills are not sitting in case of Constitutional
money bills. Amendment Bill.
 There is no provision for a joint
sitting in case of Money Will.

Public Bill Vs Private Bill

Public Bill Private Bill

 It is introduced in the Parliament by  It is introduced by any member of

a minister. Parliament other than a minister
 It reflects the policies of the  It reflects the stands of the
government (ruling Party.) opposition party on public matters.
 It has a greater chance to be  It has a lesser chance to be
approved by the Parliament. approved by the Parliament.
 Its rejection by the House amounts  Its rejection by the house has no
to the expression of want of implication on the parliamentary
parliamentary confidence in the confidence in the government or its
government and mat lead to its resignation.
resignation.  Its introduction in the house requires
 its introduction in the House requires one month's notice.
seven days notice.  its drafting is the responsibility of the
 It is drafted by the concerned member concerned
department in consultation with the
law department.
 CONSTITUTIONAL OFFICES OF INDIA
Office Election Oath Resignation

The President Electoral College-the Chief Justice of Vice-President

elected members of both the Supreme
the Houses of Parliament Court
and elected members of
Legislative Assemblies

Vice-President Electoral college-All President President

members of President the
Lok Sabha and Rajya
Sabha

Prime Minister President appoints leader President President

of the majority party

Lok Sabha speaker Elected by the members President Deputy Speaker of

of Lok President Sabha Lok Sabha

Deputy speaker of Elected by the members President Speaker of Lok

Lok Sabha of Lok Sabha Sabha

Chief Election President President President

Commissioner

Attorney General President President President

Comptroller and President President or President

Auditor General (any person
(CAG) appointed by
the Presi- dent)
President
Solicitor-General President President President

NITI Ayog Prime-Minister _ Prime-Minister

Chairman.

Planning President Chief Justice President

Commission (High Court)

Governor, RBI President President

Governor

Chief-Minister Governor (appoints leader Governor President

of the majority Party)

Chief Justice (High President (after Governor President

Court) Consulting the Chief
Justice of Supreme Court
and the Governor of the
Concerned state

Other Judges of President (after Governor President

High Court consulting the Governor,
and Chief Justice of High
Court
Advocate- General Governor Governor Governor

Accountant- Governor Governor Governor

General

Chairman, State Governor Governor Governor

Public Service
Commission
Members, State Governor Governor Governor
Public Service
Commission
 HIGH COURTS OF INDIA
Name Year Territorial Seat
establishment
Jurlsdiction
Allahabad 1866 U.P. Allahabad, (Bench
at Lucknow)
Hyderabad
Andhra Pradesh 1954 Andhra Pradesh Hyderabad
Bombay
Bombay 1862 Mharashtra, Goa, Dadra Bombay (Benches at
and Nagar Haveli and Nagpur, Panaji and
Daman and Diu Aurangabad
Calcutta 1862 West Bengal Kolkata (Circuit
Bench at Port Blair)
Chhattisgarh 2000 Chhattisgarh Bilaspur
Delhi 1966 Delhi Delhi
Guwahati 1948 Assam, Assam, Guwahati (Bench
Nagaland, Mizoram and Kohima, and circuit
Arunachal Pradesh Aizawl, Itanagar
Gujarat 1960 Gujarat Ahnedabad
Himachal 1948 Himachal Pradesh Shimla
Pradesh
J&K 1957 J & k, Ladakh Srinagar and
Jammu
Jharkhand 2000 Jharkhand Ranchi
Karnataka 1884 Karnataka Bangalore
Kerala 1956 Kerala and Ernakulum
Lakshadweep
Madhya Pradesh 1956 Madhya Pradesh Jabalpur (Benches
at Gwalior and
Indore)
Madras Tamil Nadu Chennai and
1862 Pondicherry
Manipur Manipur Imphal
2013
Meghalaya Meghalaya Shillo0ng
2013
Odisha 1948 Odisha Cuttack
Patna 1916 Bihar Patna
Punjab & 1966 Punjab and Haryana Chandigarh
Haryana Chandigarh
Rajasthan 1949 Rajasthan Jodhpur (Bench at
Jaipur)
Sikkim 1975 Sikkim Gangtok
Tripura 2013 Tripura Agartala
Telangana 2019 Telangana Hyderabad
Uttarakhand 2000 Uttarakhand Nainital

State Year State Year

Assam 1969 Sikkim 1975-1976
Nagaland 1969
Mizoram 1986-1987
Himachal 1971
Pradesh Arunachal Pradesh 1986-1987
Meghalaya 1972 Uttarakhand 2001
Manipur 1972 Telangana 2019
Tripura 1972

Important Amendments
 The 1st Amendment 1951, to overcome certain practical difficulties related to
Fundamental Rights. It made provision for special treatment of educationally and socially
backward classes and added Ninth Schedule to the Constitution.
 The 2nd Amendment 1953 by this amendment, the scale or representation for election
to the Lok Sabha was readjusted.
 The 3rd Amendment 1955 This amendment substitution entry 33 of list iii ( concurrent List
) of the 7th schedule to make it correspond to article 369.
 The 4th Amendment 1955 Article 31 (2) of the constitution was amended to re-state
more precisely the state’s power of compulsory acquisition and requisitioning of private
property and distinguish it from case were the operation of regulatory or prohibitory law of the
state result in “deprivation of property”. Article 31 A of the constitute was also amended to
extend its scope to cover categories of essential welfare legislation like abolition of zamindaris,
proper planning of urban and rural arears and for effective a full control over the mineral and
 oil resources of the country, etc. Six Acts were also included in the 9th schedule. Article 305
was also amended to certain laws providing state Monopolies.
 The 5th Amendment 1955, This amendment made a change in Article 3 so as empower
President to specify a time for state legislatures to convey their views on the proposed Central
laws affecting areas, boundaries, etc. of the their states.
 The 6th Amendment 1956 This amendment made some changes in Articles 269 and 286
relating to taxes on sale and purchase of goods in the course of inter-state trade and
commerce. A new entry 92 A was added to the union List of the 7th schedule to the
constitution.
 The 7th Amendment 1956, was necessitated on account of reorganisation of states on
a linguistic basis and changed First and Fourth Schedules.
 The 8th Amendment 1960, extended special provision for reservation of seats for SCs, STS
and Anglo-Indians in Lok Sabha and Legislative Assemblies for a period of 10 years from 1960
to 1970.
 The 9th Amendment 1960, transferred certain territories to Pakistan following
September, 1958, Indo-Pak Agreement.
 The 10th Amendment 1961, incorporated the territories of Dadra and Nagar Haveli in
Indian Union.
 The 11th Amendment 1961 The purpose of this amendment was to amend article 66
and 71 of the constitution to provide that the election of president or vice president could not
be challenged the ground of any vacancy in the appropriate election
 The 12th Amendment 1962, incorporated the territories of Goa, Daman and Diu in
Indian Union.
 The 13th Amendment 1962, created Nagaland as a State of the Union of India.
 The 14th Amendment1962, incorporated former French Territory of Puducherry in Indian
Union.
 The 15th Amendment 1963 it raised age of retirement of a High Court Judge from 60 to
extended the jurisdiction if a High Court to issue under Art. 226 to a Government or authority
outside its territorial jurisdiction where the use of action arises within such jurisdiction, modifying
procedure imposed by Art. 311 upon the pleasure of President.
 The 16th Amendment 1963 This effect changes in Art. 19 to enable the Parliament to
make providing reasonable restriction on the freedom expression in the large interests of
sovereignty and of India. It also brought amendment in the from path contained in the Third
Schedule and emphasised upholding the sovereignty and integrity of India.
 The 17th Amendment 1964 The Constitution (Seventeenth Amendment)
Act, 1964-(Enforced Since 20 June, 1964) Article 31A was further amended to
prohibit the acquisition of land under personal cultivation unless the market value of the land is
paid as compensation and the definition of "estate" as contained in that Article had also been
 enlarged with retrospective effect. The Ninth Schedule had also been amended to include 44
more Articles.
 The 18th Amendment 1966, was made to facilitate reorganisation of Punjab into
Punjab and Haryana and also created the UT of Chandigarh.
 The Constitution (19th Amendment) Act, 1966-(Enforced Since 11
December, 1966) Article 324 was amended to effect a consequential change as a result
of the decision to abolish Election Tribunals and to hear election petitions by High Courts.
 The Constitution (20th Amendment) Act, 1966-(Enforced Since 22
December, 1966) This amendment was necessitated by the decision of the Supreme
Court in Chandramohan vs. State of Uttar Pradesh in which certain appointments of District
Judges in State of Uttar Pradesh were declared void by Supreme Court. A new Article 233A
was added and the appointments made by Governor were validated.
 The 21st Amendment 1967, included Sindhi as the 15th regional language in the Eighth
Schedule.
 The 22nd Amendment 1969, created a sub-state of Meghalaya within Assam.
 The 23rd Amendment 1970, extended the reservation of seats for SC/ST and
nomination of Anglo-Indians for a further period of 10 years (up to 1980).
 The Constitution (24th Amendment) Act, 1971-(Enforced Since 5
November, 1971) This amendment was passed in the context of a situation that emerged
with the verdict in Golaknath's case by Supreme Court. Accordingly, this act amended Article
13 and Article 368 to remove all doubts regarding the power of Parliament to amend the
Constitution including the Fundamental Rights.
 The Constitution (25th Amendment) Act, 1971-(Enforced Since 20 April,
1971) This amendment further amended Article 31 in the wake of the Bank Nationalisation
case. The word amount was substituted in place of 'compensation' in the light of the Judical
interpretation of the word 'compensation* meaning *adequate compensation'
 The Constitution (26th Amendment) Act, 1971-(Enforced Since 28
December, 1971) By this amendment, the privy and privileges of the former rulers
 The 27th Amendment 1971, provided for the establishment of the States of Manipur
and Tripura, the formation of the Union Territories of Mizoram and Arunachal Pradesh.
 The Constitution (28th Amendment 1972) Act, 1972-(Enforced Since 29 August,
1972) The amendment was enacted to abolish the special privileges of the members of Indian
Civil Services in matters of leave. pension and rights as regard to disciplinary matters.
 The Constitution (29th Amendment 1972) Act. 1972-(Enforced Since 9 June, 1972)
The Ninth Schedule to the Constitution was amended to include there in two Kerala Acts on
land reforms.
 The Constitution (30th Amendment 1972)
 The 31st Amendment 1973, increased elective strength of Lok Sabha from 525 to 545.
Upper limit of representatives of state became 525 from 500.
 The Constitution (32nd Amendment 1974) Act, 1973- (Enforced Since 1 July, 1974)
This Act provided the necessary constitutional authority for giving effect to the provision of
equal opportunities to different areas of the State of Andhra Pradesh and for the Constitution
of an Administrative Tribunal with jurisdiction to deal with grievances relating to public services.
It also empowered Parliament to legislate for the establishment of a Central University in the
State.
 The Constitution (33rd Amendment 1974) Act. 1974-(Enforced Since 19 May, 1974)
By this amendment, Articles 101 and 190 were amended in order to streamline the procedure
for resignation of Members of Parliament and State Legislatures.
 The Constitution (34th Amendment 1974) Act, 1974-(Enforced Since 7 September,
1974) By this Act, twenty more land tenure and land reforms laws enacted by various State
Legislatures were included in the Ninth Schedule.
 The Constitution (35th Amendment 1975) Act, 1974-(Enforced Since 1 March, 1975)
By this Act a new Article 2A was added there by conferring on Sikkim the status of an
associate State of Indian Union. Consequent amendments were made to Articles 80 and 81. A
new schedule, i.e., Tenth Schedule, was added laying down terms and conditions of
association of Sikkim with the Union.
 The 36th Amendment 1975, make Sikkim a state of the Indian Union.
 The 37th Amendment 1975 by this act union territory of Arunachal Pradesh was provided
with a legislative assembly Article 240 of the constitution was also amended to provide that as
in the case of other union territories with legislatures the power of president to make regulation
for the union territory of Arunachal Pradesh may be exercised only when the assembly is either
dissolved or its functions remain suspended.
 The 38th Amendment 1975, This act amended Articles 123, 213, and 352 of the
constitution to provide that satisfaction of president or governor contained in these Articles
would be called in question in any court of law.
 The 39th Amendment 1975, By this act disputes relating to the election of President,
Vice-President, Prime-minister and Speaker are to be determined by such authority as may be
determined by Parliamentary law. Certain central enactments were also included In the 9th
schedule by this act.
 The 40th Amendment 1976 This Act provided for vesting in the Union of all mines,
minerals and other things of value lying in the ocean within the territorial waters or the
continental shelf or the exclusive economic zone of India. It further provided that all other
resources of the exclusive economic zone of India shall also vest in the Union. This act also
provided that the limits of the territorial waters, the continental shelf, the exclusive economic
zone and the maritime zones of India shall be specified from time to time by or under any law
made by parliament. Also some more acts were added to the 9th schedule.
 The 41st Amendment 1976 By this act Article 316 was amended to raise the retirement
age of members of state public service commissions and joint public service commission from
60 to 62 years.
 The 42nd Amendment 1976, provided supremacy of Parliament and gave primacy to
Directive Principles over Fundamental Rights and also added 10 Fundamental Duties. New
words-socialist, secular and unity and integrity of the nation, were added in the Preamble.
 The Constitution (43rd Amendment) Act, 1977-Enforced Since 13 April, 1978) The 43rd
Amendment omitted many articles inserted by 42nd Amendment. It restored the writ
jurisdiction of the Supreme Court and the High Courts, which had been deprived by the 42nd
Amendment. Provisions for the protection of environment, forests and wildlife. Provisions for the
protection of children and the youth against exploitation. No quorum shall be required for
conducting the meeting of the house of the people and the Legislature Assemblies of the
State. The central government was given the power to send central forces in any state or part
of state to control the law and order in that state and the control of such forces shall rest with
the central government.
 The 44th Amendment 1978, restored the normal duration of Lok Sabha and Legislative
Assemblies to 5 years, Right to Property was deleted from Part III it limited the power of the
government to proclaim internal emergency.
 The 45th Amendment 1980, extend reservation for SC/ST by 10 years (upto1990).
 The Constitution (46th Amendment) Act, 1982-(Enforced Since 2 February, 1983) Art
269 was amended so that the tax levied on the consignment of goods in the course of inter-
state or commerce shall be assigned to the State. A new entry 92A was also inserted in the
Union List to enable the levy of tax on the consignment of goods where such consignment
taken palce in the course of inter-state trade or commerce.
 The Constitution (47th Amendment) Act, 1984-(Enforced Since 26 August, 1984) This
amendment is intended to provide for the inclusion of certain land Reforms Acts in the Ninth
Schedule to the Constitution with a view to obviating the scope of litigation hampering the
implementation process of those Acts.
 The Constitution (48th Amendment) Act, 1984-(Enforced Since 1 April, 1985) The
Proclamation issued by President under Article 356 of the Constitution with respect to the State
of Punjab cannot be continued in force for more than one year unless the special conditions
mentioned in clause (5) of the said Article are satisfied. As it is felt that the continued force of
the said Proclamation is necessary, therefore, the present amendment had been effected so
as to make the conditions mentioned in clause (5) of Article 356 inapplicable in the instant
case
 The Constitution (49th Amendment) Act, 1984-(Enforced Since 11 September, 1984)
Tripura Government recommended that the provisions of the Sixth Schedule to the
Constitution may be made applicable to tribal areas of that State. The amendment involved
in this Act is intended to give a constitutional security to the autonmous District Counell
functioning in the State.
 The Constitution (50th Amendment) Act,1984- (Enforced Since 11 September, 1984)
By Article 33 of the constitution, Parliament is empowered to enact laws determining to what
extent any of the rights conferred armed forces or the forces charged with the maintenance
of public order, be restricted or abrogated so as to ensure proper discharge of their duties and
maintenance of discipline among them It was proposed to amend Article 33 to as to bring
within its ambit: (1) the members of the Force charged with the protection of property
belonging to or in the charge or possession of the state; or (It) persons employed in any
bureau or other organisation established by the state for purposes of intelligence or counter-
intelligence; or (fit) persons emploves in or in connection with the telecommunication svstems
set up for the purposes of any Force, Bureau or Organisation. Experience has revealed that the
need for ensuring proper discharge of their duties and maintenance of discipline among them
is of paramount importance in the national interest.
 The Constitution (51st Amendment) Act, 1984-(Enforced Since 16 June, 1986) Article
330 has been amended by this Act for providing reservation of seats for Scheduled Tribes in
Meghalaya, Nagaland, Arunachal Pradesh and Mizoram in Parliament and Article 332 has
been amended to provide similar reservation in the Legislative Assemblies of Nagaland and
Meghalaya to leet the aspirations of local tribal population.
 The 52nd Amendment 1985, inserted the Tenth Schedule in the Constitution regarding
provisions as to disqualification on the grounds of defection.
 The Constitution (53rd Amendment) Act, 1986-(Enforced Since 20 February, 1987) It
elevated the Union Territory of Mizoram to the status of a State.
 The 54th Amendment 1986, enhanced salaries of judges of Supreme Court and High
Court.
 The 55th Amendment 1986, conferred statehood on Arunachal Pradesh.
 The 56th Amendment 1987, Hindi version of the Constitution of India, was accepted for
all purposes and state hood was also conferred on the UT of Goa.
 The Constitution (57th Amendment Act, 1987-(Enforced Since 21 September, 1987 it
provided reservation of seats for Scheduled Tribes or Varaland, Meghalaya, Mizoram and
Arunachal Pradesh, the Lok Sabha and in the State Assemblies of Nagaland and Meghalaya.
 The Constitution (58th Amendment Act, 1987-(Enforced Since 9 December. 1987) By
this amendment an authoritative text of the Constitution in Hindi was provided to the people
of India by the President
 The Constitution 59th amendment) Act,1988-(Enforced Since 30 March, 1988) It
amended Art 365 (5) of the constitution to provide that the declaration of emergency may
remain in operation up to 3 years and also authorised the Government to proclaim
emergency in Punjab on grounds of 'internal disturbance’. The amendment made in Art. 352
thus provided that the emergency with respect to Punjab shall operate only in that State.
 The Constitution (60th Amendment) Act, 1988-(Enforced Since 20 December, 1988)
To increase the ceiling of Taxes on professions, trades, callings and employment from Rs. 250
per annum to Rs. 2500 per annum.
 The 61st Amendment 1989, reduced voting age from 21 to 18 years for Lok Sabha and
assemblies.
 The Constitution (62nd Amendment) Act, 1989-(Enforced Since 20 December, 1989)
It had increased the period of reservation of seats provided to the Scheduled Castes and
Scheduled Tribes for another 10 years i.e. up to the year of 2000 A.D. The reservation for Anglo-
Indians through nomination in case of their inadequate representation, was also extended for
the same period.
 The Constitution (63rd Amendment) Act, 1990-(Enforced Since 6 January, 1990) The
Constitution (Fifty-ninth Amendment) Act, 1988 was enacted in March 1988 making certain
changes in regard to making a Proclamation of Emergency in Punjab and to the duration of
President's rule in State. On reconsideration, the Government decided that the special powers
in regard to the Proclamation of Emergency in Punjab as envisaged in the said amendment is
no longer required. Accordingly the provision to clause (5) of Article 356 and Article 359A of
the Constitution have been omitted.
 The Constitution (64th Amendment) Act, 1990-(Enforced Since 16 April, 1990) This Ac
amends clauses (4) and (5) of Article 356 of the Constitution with a view to facilitate the
extension of the proclamation issued under clause (1) of Article 356 of the Constitution on 11
May 1987 upto a total period of three years and six months in relation to the State of Punjab.
 The Constitution (65th Amendment) Act, 1990-(Enforced Since 12 March, 1992) A
National Commission for Scheduled Castes and Scheduled Tribes with wide powers was
provided to take care for the cause of SCS/STS. The composition of the Commission included a
chairperson, a vice-chairperson and five other members to be appointed by the President.
 The Constitution (66th Amendment) act. 1990 (Enforced Since 7 June, 1990) This
amendment provided for the inclusion of new land reform Acts passed by the State into the
Ninth Schedule.
 The Constitution (67th Amendment) Act. 1990-(Enforced Since 4 October, 1990) The
three years period in the case of proclamation issued on 11 May.1987 with respect to the State
of Punjab was extended to three years and six months by the Constitution (Six-ty-fourth
Amendment) Act. 1990. This Act further amends clause (4) of Article 356 so as to further extend
the period up to a total period of four years.
 The Constitution (68th Amendment) Act. 1991-(Enforced Since 12 March, 1991) The
three years period in the case of proclamation issued on 17 May 1987 with respect to the State
of Punjab was earlier extended to four years by the Constitution (sixty-seventh Amendment)
Act, 1990. This Act further amends clause (4) of Article 356 so as to further extend the period up
to a total period of five years.
 The Constitution (69th Amendment) Act, 1991-(Enforced Since 1 February, 1992)
Articles 239-AA and 239 AB were inserted in the Constitution to provide a National Capital
Territory designation to Union Territory of Delhi with a Legislative Assembly and Council of
Ministers.
 The Constitution (70th Amendment) Act, 1991-(Enforced Since 21 December, 1991) It
brought alteration in Article 54 to provide for the Inclusion of mem-iber of Legislative
Assemblies of Union Territories of Delhi and Pondicherry in the electoral college for the election
of the President.
 The Constitution (71th Amendment) Act, 1992-(Enforced Since 31 August, 1992) It
included Konkani, Manipuri and Nepali languages in the VIII Schedule, making the total
languages included in it to 18.
 The Constitution (72nd Amendment) Act, 1992-(Enforced Since 5 December, 1992) To
implement the Memorandum signed with the Tripura National Volunteers in 1988.
 The 73rd Amendment 1992,(Panchayati Raj Bill) provided Gram Sabha in villages, direct
elections to all seats in Panchayats and reservation of seats for the SC and ST and fixing of
tenure of 5 years for Panchayats.
 The 74th Amendment 1992, (Nagarpalika Bill) provided for Constitution of three types of
Municipalities, reservation of seats for SC and ST woman and the backward class.
 The 75th Amendment 1994 Setting up of state level rent tribunals and to exclude the
jurisdiction of all courts, except that of that of supreme court.
 The Constitution (76th amendment) Act, 1994-(Enforced Since 31 August, 1994) It
provided for the Inclusion of Tamil Nadu Reservation List (I.e. to provide for 69 per cent
reservation for educational institutions and government Jobs In the Statel in the Ninth Schedule
to make it immune to judicial review.
 The Constitution (77th) Amendment Act, 1995-(Enforced Since 17 June, 1995) By this
amendment a new clause 4A was added to Art 16 which authorised the State to make
provisions for Scheduled Castes and Scheduled Tribes with regard to promotions In
Government lobs.
 The Constitution (78th Amendment) Act. 1995-(Enforced Since 30 August, 1995) This
amendment has amended the Ninth schedule of the Constitution and inserted 27 Land
Reform Act of various States in the Ninth Schedule.
 The Constitution (79th Amendment) Act. 1999-(Enforced Since 25 January, 2000) By
this Act the Government has extended the reservations of seats for the Scheduled Castes and
the Scheduled Tribes as well as for the Anglo-Indians in the House of the People and In the
Legislative Assemblies of the States for another ten years.
 The Constitution (80th Amendment) Act. 1999-(Enforced Since 9 June, 2000) Based
on the 10th finance Commission recommendation. Under the new scheme of devolution of
revenue between Union and States, 26 per cent out of gross proceeds of Union taxes and
duties is to be assigned to the states in lieu of their existing shares in the income-tax, excise
duties, special excise duties and grants in lieu of tax on railway passenger fares.
 The Constitution (81st Amendment) Act, 2000-(Enforced Since 9 June, 2000) The
unfilled vacancies of a year which reserved for the SCs and the STs for being filled up in that
year in accordance with any provision for reservations made under Article 16 of the
 Constitution, shall be considered as a separate class of vacancies to be filled up in any
succeeding year or years.
 The Constitution (82nd Amendment) Act, 2000-(Enforced Since 8 September. 2000)
The members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying
marks in any examination or lowering the standards of evaluation for reservation in matters of
promotion to any class or classes of services or posts in connection with affairs of the Unton or
of a State.
 The Constitution (83th Amendment) Act, 2000-(Enforced Since 8 September, 2000) The
Act amended Article 243M of the Constitution to provide that no reservation in Panchayats
need be made in favour of the Scheduled Castes in Arunachal Pradesh wholly Inhabited by
tribal population.
 The 84th amendment 2002 The act amended provisions to article 82 and 170 ( 3) of the
constitution to readjust and rationalise the territorial constituencies in the states, without
altering the number of seals allotted to each state in House of people and Legislative
Assemblies of the states, including the scheduled castes and Scheduled Tribes Constituencies.
 The Constitution (85th Amendment) Act 2001-(Enforced Since 4 January, 2001) To
provide consequential seniority in the case of promotion by virtue of tale of reservation for the
Government servants belonging to the Scheduled Castes and the Scheduled Tribes.
 The 86th Amendment 2002, deals with the insertion of a new Article 21A after Article 21.
The new Article 21A deals with Right to Education "the state shall provide free and compulsory
education to all children from the age of 6 to 14 years, in such a manner as the state may, by
law determine.
 The Constitution (87th Amendment) Act, 2003-(Enforced Since 22 June, 2003) The
2001 Census are the basis for delimitation of constituencies of the Lok Saba and State
Legislative Assembly.
 The 88th Amendment 2003, provides for the insertion of a new Article 268A Service tax
levied by union and collected and appropriated by the union and the states. Amendment of
Article 270. Amendment of Seventh Schedule.
 The 89th Amendment 2003, provides for the Amendment of Article 338. There shall be
a National Commission for the SC/STS.
 The Constitution (90th Amendment) Act, 2003-(Enforced Since 28 September, 2003) It
provides that the representation of the Scheduled Tribes and Non-scheduled Tribe in the
constituencies included in the 3odoland Territorial Areas District (BTAD) as existing prior o the
constitution of TAD shall be maintained for the purpose of elections to Legislative Assembly of
the state of Assam.
 The 91st Amendment 2003, amended the anti-defection laws and provided for
Amendment of Article 75. The total number of ministers, including the Prime Minister, in the
Council of Ministers shall not exceed 15% of the total number of members of the House of the
people.
 The 92nd Amendment 2003, provided for the Amendment of Eighth Schedule by
adding four new regional languages (Bodo, Maithili, Santali and Dogri), thus extending the list
to 22 languages.
 The 93rd Amendment 2005, (came into effect on 20th January, 2006) provided for
special provision by law, for the advancement of any socially and educationally backward
classes of citizens or for the SCS/STs in so far as such special provisions relate to their admission
to educational institutions including private educational institutions.
 The 94th Amendment 2006, to provide for a Minister of Tribal Welfare in newly created
Jharkhand and Chhattisgarh.
 The 95th Amendment 2010, extended reservation for the SC/ST for further period of 10
years, that is up to 25thJanuary, 2020.
 The 96th Amendment 2011, substituted Odia' for 'Oriya".
 The 97th Amendment 2011, provided for the Co-operative Societies in Part IX B of the
Constitution of India. It also amended Article 19 (1) (c) and inserted Article 43B.
 The 98th Amendment 2012, provides for special provisions for the Hyderabad-
Karnataka region of the State of Karnataka.
 The 99th Amendment2014, regulates the procedure to be followed by the NJAC for
recommending for appointment and transfer of CJI and Judges of Supreme Court and High
Courts. But Supreme Court declared this unconstitutional and void.
 100th Amendment 2015, deals with the acquiring of territories by: india and transfer of
certain territories to Bangladesh in pursuance of the agreements and its protocol between
India and Bangladesh.
 The 101th Amendment 2017, deals with Goods and Services Tax (GST) Act. GST is a
comprehensive indirect tax levy on manufacture, sale and consumption of goods and
services at national level.
 The 102th Amendment 2018: It gave constitutional status to National Commission
for Backward Classes.
 The 103th Amendment 2019: It Provided a maximum of 10% Reservation for
Economically Weaker Sections (EWSs).
 The 104th Amendment 2020: It extended the reservation of seats for SCs & STs in
the Lok Sabha and State Assemblies.
 The 105th Amendment: It states that to restore the power of State Governments to
recognise OBCs that are socially and Educationally Backward.