Indian Constitution PDF

INDIAN CONSTITUTION 19LAW300  INTRODUCTION The Constitution, as the fundamental law of the land, embodies the values, principles, and governance framework of our country. It serves as the supreme law, guiding the state’s functioning and ensuring citizen’s rights and re...

INDIAN CONSTITUTION 19LAW300  INTRODUCTION The Constitution, as the fundamental law of the land, embodies the values, principles, and governance framework of our country. It serves as the supreme law, guiding the state’s functioning and ensuring citizen’s rights and responsibilities. With its roots grounded in historical struggles, philosophical ideals, and societal aspirations, it reflects the nation’s collective journey toward democracy, justice, and equality. The term constitution comes through French from the Latin word constitutio, used for regulations and orders, such as the imperial enactments What is Constitution of India? The Constitution of India is the supreme law of the Republic of India. It lays down the framework for the country’s political system, defining the powers and responsibilities of government institutions, safeguarding fundamental rights, and outlining the principles of governance. It is a set of rules and regulations guiding the administration of a country. Structure of the Indian Constitution The Indian Constitution is one of the longest and most detailed written constitutions in the world. Various components of the structure of the Indian Constitution can be seen as follows: Parts A “Part” of the Constitution refers to a division within the Constitution that groups together Articles on similar subjects or themes. The Indian Constitution is structured into various Parts, each dealing with a specific aspect of the country’s legal, administrative, or governmental framework. Originally, there were 22 parts in the Constitution of India. As of now, there are 25 parts of the Indian Constitution. Articles An “Article” refers to a specific provision or clause within the Constitution that details various aspects of the country’s legal and governmental framework. Each part of the constitution contains several articles numbered sequentially. Originally, there were 395 articles in the Constitution of India. As of now, the Indian Constitution contains 448 articles. Schedules A “Schedule” refers to a list or a table attached to the Constitution that details certain additional information or guidelines relevant to the constitutional provisions. They provide clarity and supplementary details, making the Constitution more comprehensive and functional. Originally, there were 8 schedules in the Constitution of India. As of now, there are 12 schedules in the Indian Constitution. Difference between Article and Schedule The Indian constitution has 448 articles and 12 schedules. Articles of the constitution address the separate powers of the federal and state government, how to change the Constitution as also about the duties of the three main parts of government- The Judicial Branch The Executive Branch The Legislative Branch Schedules refer to the constitution that categorizes and tabulate the bureaucratic activity and policy of the government. Enactment and Adoption of the Indian Constitution The Constitution of India was framed by a Constituent Assembly which was established in 1946. The President of the Constituent Assembly was Dr. Rajendra Prasad. On 29th August 1947, a resolution was moved in the Constituent Assembly for the appointment of a Drafting Committee to draft a permanent constitution of India. Accordingly, the Drafting Committee was appointed under the chairmanship of Dr. B.R. Ambedkar. The Drafting Committee took a total of 166 days, which was spread over 2 years, 11 months, and 18 days to prepare a draft constitution. The final draft of the Constitution was introduced in the Constituent Assembly on 4th November 1948. After many deliberations and some modifications, the Draft Constitution was declared as passed by the Constituent Assembly on 26th November 1949. This is known as the “Date of Adoption” of the Constitution of India. A few provisions of the Constitution came into force on 26th November 1949. However, the major part of the Constitution came into force on 26th January 1950, making India a sovereign republic. This date is known as the “Date of Enactment” of the Constitution of India. Countries Borrowed Features of Indian Constitution Australia Concurrent list Freedom of trade and commerce Joint-sitting of the two Houses of Parliament Canada Federation with a strong Centre Vesting of residuary powers in the Centre Appointment of state governors by the Centre Advisory jurisdiction of the Supreme Court Ireland Directive Principles of State Policy Nomination of members to Rajya Sabha Method of election of the president Japan Procedure Established by law Soviet Union (USSR) (now, Russia) Fundamental duties Ideals of justice (social, economic and political) in the Preamble UK Parliamentary government Rule of Law Legislative procedure Single Citizenship Cabinet system Prerogative writs Parliamentary privileges Bicameralism US Fundamental rights Independence of judiciary Judicial review Impeachment of the president Removal of Supreme Court and High Court judges Post of vice-president Germany (Weimar) Suspension of Fundamental Rights during emergency Salient Features of the Indian Constitution Lengthiest Written Constitution – The Constitution of India is the lengthiest of all the written Constitutions of the world. It is a very comprehensive and detailed document. Several factors that have contributed to its elephantine size include – the need to accommodate the vast diversity of the country, a single constitution for both the Center and States, the presence of legal experts and luminaries in the Constituent Assembly, etc. Drawn from Various Sources – The Constitution of India has borrowed most of its provisions from the Government of India Act of 1935 as well as from the constitutions of various other countries. Blend of Rigidity and Flexibility – Constitutions are classified into – rigid (requires a special procedure for its amendment) and flexible (can be amended in the same manner as ordinary laws are made). The Constitution of India is neither rigid nor flexible, but a synthesis of both. Federal System with Unitary Bias – The Constitution of India establishes a federal system of government and contains all the usual features of a federation. However, it also contains a large number of unitary or non-federal features.  Parliamentary Form of Government – The Constitution of India has adopted the British Parliamentary System of Government. The parliamentary system is based on the principle of cooperation and coordination between the legislative and executive organs. Synthesis of Parliamentary Sovereignty and Judicial Supremacy – The synthesis of parliamentary sovereignty and judicial supremacy in India represents a delicate balance between the authority of the legislature to enact laws and the power of the judiciary to review and interpret these laws in light of constitutional principles. While Parliament retains the ultimate authority to make laws, the judiciary serves as the guardian of the Constitution, ensuring that parliamentary actions adhere to constitutional norms and protect fundamental rights. Integrated and Independent Judiciary – The Indian Constitution establishes an integrated and independent judicial system in the country. An integrated judicial system means that a single system of courts, comprising of Supreme court, High Courts, and Subordinate Courts, enforces both the central laws as well as the state laws. An independent judicial system means that the Indian judiciary operates autonomously, free from the influence of the executive and legislative branches of government.  Fundamental Rights – The Indian Constitution guarantees six fundamental rights to all citizens, which promotes the idea of political democracy in the country. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature. Directive Principles of State Policy – The Indian Constitution contains a set of principles in the form of Directive Principles of State Policy (DPSPs), which denote the ideals that the state should keep in mind while formulating policies and enacting laws. The Directive Principles seek to establish a ‘Welfare State’ in India by promoting the ideal of social and economic democracy. Fundamental Duties – The fundamental duties are a set of moral and civic obligations outlined in the Constitution of India. These duties serve as a guide for citizens to contribute towards building a strong and harmonious nation. A Secular State – The Constitution of India does not uphold any particular religion as the official religion of the Indian State. Instead, it mandates that the state treat all religions equally, refraining from favouring or discriminating against any particular religion.  Universal Adult Franchise – The Indian Constitution adopts universal adult franchise as the basis of elections to the Lok Sabha and the State Legislative Assemblies. Every citizen who is not less than 18 years of age has a right to vote without any discrimination based on caste, race, religion, gender, literacy, wealth, and so on. Single Citizenship – Single citizenship is a constitutional principle in India whereby all citizens irrespective of the state in which they are born or reside enjoy the same political and civil rights of citizenship all over the country, and no discrimination is made between them. Independent Bodies – The Indian Constitution has established certain independent bodies which are envisaged as the bulwarks of the democratic system of Government in India. Emergency Provisions – The Indian Constitution contains emergency provisions to enable the President to meet any extraordinary situation effectively. The rationale behind the incorporation of these provisions is to safeguard the sovereignty, unity, integrity, and security of the country, the democratic political system, and the Constitution.  Three-tier Government – The three-tier government refers to the division of governmental powers and responsibilities among three levels- the central government, state governments, and local governments (Panchayats and Municipalities). This decentralized system allows for effective governance by delegating authority to address regional and local issues, promoting participatory democracy and grassroots development. Co-operative Societies – The 97th Constitutional Amendment Act of 2011 gave constitutional status and protection to co-operative societies.  What is a Preamble? A preamble is an introductory statement in a document that explains the document’s philosophy and objectives. In a Constitution, it presents the intention of its framers, the history behind its creation, and the core values and principles of the nation. The preamble basically gives idea of the following things/objects:  Source of the Constitution  Nature of Indian State  Statement of its objectives  Date of its adoption History of the Preamble to Indian Constitution The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947. Although not enforceable in court, the Preamble states the objectives of the Constitution, and acts as an aid during the interpretation of Articles when language is found ambiguous  Components of Preamble It is indicated by the Preamble that the source of authority of the Constitution lies with the people of India. Preamble declares India to be a sovereign, socialist, secular and democratic republic. The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation. The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.  Key words in the Preamble We, the people of India :It indicates the ultimate sovereignty of the people of India. Sovereignty means the independent authority of the State, not being subject to the control of any other State or external power. Sovereign: The term means that India has its own independent authority and it is not a dominion of any other external power. In the country, the legislature has the power to make laws which are subject to certain limitations. Socialist: The term means the achievement of socialist ends through democratic means. It holds faith in a mixed economy where both private and public sectors co- exist side by side. It was added in the Preamble by 42 Amendment, 1976.. Secular: The term means that all the religions in India get equal respect, protection and support from the state. It was incorporated in the Preamble by 42 Constitutional Amendment, 1976. Democratic: The term implies that the Constitution of India has an established form of Constitution which gets its authority from the will of the people expressed in an election. Republic: The term indicates that the head of the state is elected by the people. In India, the President of India is the elected head of the state Objectives of the Indian Constitution The Constitution is the supreme law and it helps to maintain integrity in the society and to promote unity among the citizens to build a great nation. The main objective of the Indian Constitution is to promote harmony throughout the nation. The factors which help in achieving this objective are: Justice: It is necessary to maintain order in society that is promised through various provisions of Fundamental Rights and Directive Principles of State Policy provided by the Constitution of India. It comprises three elements, which is social, economic, and political Social Justice – Social justice means that the Constitution wants to create a society without discrimination on any grounds like caste, creed, gender, religion, etc. Economic Justice – Economic Justice means no discrimination can be caused by people on the basis of their wealth, income, and economic status. Every person must be paid equally for an equal position and all people must get opportunities to earn for their living Political Justice – Political Justice means all the people have an equal, free and fair right without any discrimination to participate in political opportunities Equality: The term ‘Equality’ means no section of society has any special privileges and all the people have given equal opportunities for everything without any discriminations. Everyone is equal before the law. Liberty: The term ‘Liberty’ means freedom for the people to choose their way of life, have political views and behavior in society. Liberty does not mean freedom to do anything, a person can do anything but in the limit set by the law. Fraternity: The term ‘Fraternity’ means a feeling of brotherhood and an emotional attachment with the country and all the people. Fraternity helps to promote dignity and unity in the nation. Status of Preamble The preamble being part of the Constitution is discussed several times in the Supreme Court. It can be understood by reading the following two cases. Berubari Case: It was used as a reference under Article 143(1) of the Constitution which was on the implementation of the Indo-Pakistan Agreement related to the Berubari Union and in exchanging the enclaves which were decided for consideration by the bench consisting of eight judges. Through the Berubari case, the Court stated that ‘Preamble is the key to open the mind of the makers’ but it cannot be considered as part of the Constitution. Therefore it is not enforceable in a court of law.  UNIT 2 FUNDEMENTAL RIGHTS  FUNDEMENTAL RIGHTS What are Fundamental Rights? Fundamental Rights refer to a set of essential liberties and entitlements guaranteed to every citizen by the constitution of a country. These rights serve as the bedrock of individual freedom, protecting citizens from arbitrary state actions and ensuring basic human rights and freedoms. They are integral to upholding democracy, justice, and equality within a nation. They prevent the establishment of an authoritarian and despotic rule in the country. They aim to establish ‘a government of laws and not of men’. The Fundamental Rights are named so because they are guaranteed and protected by the Constitution, which is the fundamental law of the land. These rights are considered fundamental because they are essential for the all-round development, dignity, and well-being of individuals. It is because of their myriad significance that they have been described as the Magna Carta of India.  Six Fundamental Rights under the Indian Constitution Articles 12 to 35 in Part III of the Indian Constitution provide for six Fundamental Rights. These rights are mentioned below: Right to Equality (Articles 14–18) Right to Freedom (Articles 19–22) Right against Exploitation (Articles 23–24) Right to Freedom of Religion (Articles 25–28) Cultural and Educational Rights (Articles 29–30) Right to Constitutional Remedies (Article 32) Originally, the Constitution provided for seven Fundamental Rights, including the six rights mentioned above and the Right to Property. However, the 44th Amendment Act, of 1978 removed the Right to Property from the list of Fundamental Rights. It was, instead, made a legal right under Article 300-A in Part XII of the Constitution. So at present, there are only six Fundamental Rights.  RIGHT TO EQUALITY (14-18) These provisions of the Indian Constitution ensure equal treatment and opportunities for all citizens before the law. This right includes the following Equality before Law and Equal Protection of Laws (Article 14) This provision ensures that the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. It prohibits arbitrary discrimination by the state and guarantees equal treatment under similar circumstances. Prohibition of Discrimination on Certain Grounds (Article 15) This provision prohibits discrimination on grounds only of religion, race, caste, gender, or place of birth. It ensures that no citizen shall be subjected to any disability, liability, or restriction only on these grounds.. Equality of Opportunity in Public Employment (Article 16) This provision guarantees equality of opportunity in matters of public employment or appointment. It prohibits discrimination in these matters only on grounds of religion, race, caste, gender, descent, place of birth, or residence. Abolition of Untouchability (Article 17) This provision abolishes untouchability and prohibits its practice in any form. It recognizes untouchability as a social evil and ensures the eradication of this discriminatory practice in Indian society. Abolition of Titles (Article 18) This provision prohibits the state from conferring titles, except military and academic distinctions, on individuals. It also makes certain provisions regarding accepting any title, present, emolument, or office from or under any foreign State  Right to Freedom (Article 19 to Article 22) Protection of Six Rights (Article 19) This article guarantees to all citizens the following six rights: Freedom of Speech and Expression (Article 19(1)(a)) This provision grants citizens the freedom to express their views, opinions, beliefs, and convictions freely through speech, writing, printing, or any other mode. However, reasonable restrictions can be imposed by the state on grounds such as public order, defamation, incitement to offense, etc. Freedom of Assembly (Article 19(1)(b)) Citizens have the right to assemble peacefully without arms. It includes the right to hold public meetings, demonstrations, and take-out processions, but does not include the right to strike. Freedom of Association (Article 19(1)(c)) Individuals have the right to form associations, unions, or cooperative societies, enabling them to collectively pursue common interests or goals. However, reasonable restrictions can be imposed in the interest of public order, morality, or the sovereignty and integrity of India. Freedom of Movement (Article 19(1)(d)) Every citizen has the right to move freely throughout the territory of India. Reasonable restrictions can be imposed on this right on the grounds of the interests of the general public and the protection of the interests of any scheduled tribe. Freedom of Residence (Article 19(1)(e)) Citizens have the freedom to reside and settle in any part of India, allowing for geographical mobility and the exercise of individual choice in determining one’s place of residence. Freedom of Profession (Article 19(1)(g)) Individuals have the right to practice any profession or to carry on any occupation, trade, or business of their choice, subject to certain restrictions imposed in the interest of the general public. Protection in Respect of Conviction for Offenses (Article 20) It grants protection against arbitrary and excessive punishment to an accused person, whether a citizen, a foreigner, or a legal person. It contains three provisions in this regard: Protection against Retrospective Criminal Legislations (Article 20(1)) Any individual can be convicted only for violation of a law in force at the time of commission of the act. Also, the person cannot be subjected to a penalty greater than that prescribed by the law in force at the time of the commission of the act. Protection against Double Jeopardy (Article 20(2)) A person cannot be tried and punished again for an offense for which they have already been either acquitted or convicted. Protection against Self-Incrimination (Article 20(3)) No person accused of an offense shall be compelled to be a witness against oneself. Protection of Life and Personal Liberty (Article 21) This provision guarantees that no person shall be deprived of their life or personal liberty except according to the procedure established by law. This right is available to both citizens and non- citizens and serves as a cornerstone of individual rights. Right to Education (Article 21A) This provision guarantees the right to free and compulsory education for children aged 6 to 14 years. It mandates the State to provide access to quality education, ensuring that every child has the opportunity to receive education without any discrimination. This provision was added by the 86th Constitutional Amendment Act of 2002. Protection Against Arrest and Detention (Article 22) This provision ensures certain protections to persons who are arrested or detained, including the right to be informed of the grounds of arrest, the right to consult and be defended by a legal practitioner, and the right to be produced before a magistrate within 24 hours of arrest. It prevents arbitrary detention and ensures fair treatment of individuals in custody. Right Against Exploitation (Article 23 to Article 24) These provisions of the Indian Constitution provide certain safeguards to protect people, especially vulnerable sections, from exploitation. Various rights included under this are: Prohibition of Traffic in Human Beings and Forced Labour (Article 23) This provision prohibits human trafficking and forced labor. It makes such acts punishable offenses. Prohibition of Employment of Children in Factories (Article 24) This provision prohibits the employment of children under the age of fourteen in any factory, mine, or other hazardous activities. However, it does not prohibit their employment in any harmless or innocent work. Right to Freedom of Religion (Article 25 to 28) These provisions of the Indian Constitution guarantee individuals the freedom to profess, practice, and propagate the religion of their choice. It ensures secularism by mandating that the state maintain neutrality and treat all religions equally. Freedom of Conscience and Free Profession, Practice, and Propagation of Religion (Article 25) This article says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion. The implications of these are: Freedom of conscience Individuals have the freedom to shape their relationship with God and other creatures in whatever way they desire. Right to Profess To declare one’s religious beliefs and faith openly and freely. Right to Practice To perform religious worship, rituals, ceremonies, and exhibition of beliefs and ideas. Right to Propagate To transmit or disseminate one’s religious beliefs to others. However, it does not include a right to convert another person to one’s religion. Freedom to Manage Religious Affairs (Article 26) This provision states that every religious denomination or its section shall have the following rights- Right to establish and maintain institutions for religious and charitable purposes, Right to manage its affairs in matters of religion, Right to own and acquire movable and immovable property, and Right to administer such property as per law. Freedom from Taxation for Promotion of a Religion (Article 27) This provision prohibits the State from levying taxes for promoting or maintaining any particular religion or religious denomination. It upholds the principle of secularism and ensures that the State remains neutral in matters of religion, fostering equality and religious freedom for all citizens. Freedom from Attending Religious Instruction (Article 28) It makes provisions for religious instruction in different categories of educational institutions, as described below: Institutions wholly maintained by the State- religious instruction is completely prohibited. Institutions administered by the State but established under any endowment or trust – religious instruction is permitted. Institutions recognized by the State- religious instruction is permitted on a voluntary basis i.e. with the consent of the person. Institutions receiving aid from the State- religious instruction is permitted on a voluntary basis i.e. with the consent of the person. Cultural and Educational Rights (Article 29 to Article 30) These provisions of the Indian Constitution safeguard the rights of minorities to conserve their culture, language, and script. Protection of Interests of Minorities (Article 29) It provides that: Any section of citizens having a distinct language, script, or culture of its own, shall have the right to conserve the same. No citizen shall be denied admission into any educational institution maintained by the state or receiving aid out-of-state funds on grounds only of religion, race, caste, or language. Right of Minorities to Establish and Administer Educational Institutions (Article 30) This provision grants minorities (both religious as well as linguistic) certain rights, such as the right to establish and administer educational institutions of their choice, the right to impart education to their children in its own language, etc. Right to Constitutional Remedies (Article 32) It confers the right to remedies for the enforcement of the fundamental rights in case of violation of the same. It makes the following provisions regarding the same: The right to move the Supreme Court for the enforcement of the Fundamental Rights is guaranteed. The Supreme Court shall have the power to issue directions, orders, or writs for the enforcement of fundamental rights. The Parliament can empower any other court to issue directions, orders, or writs for the enforcement of fundamental rights. The right to move the Supreme Court shall not be suspended except as otherwise provided for by the Constitution. These provisions give the right to get the Fundamental Rights protected, making the Fundamental Rights real. Armed Forces (Article 33) This provision empowers Parliament to enact laws that restrict or modify the application of certain fundamental rights for members of the armed forces, police forces, intelligence agencies, or similar forces tasked with the maintenance of public order. The objective of this provision is to ensure the proper discharge of their duties in the interest of national security and the maintenance of discipline among them. Martial Law (Article 34) This provision provides for restrictions on fundamental rights during the operation of martial law in any area within the territory of India. However, the expression ‘martial law’ has not been defined anywhere in the Constitution. Legislation to Give Effect to the Provisions of this Part (Article 35) This provision specifies that Parliament alone has the authority to enact laws aimed at implementing certain fundamental rights. This ensures uniformity across India concerning the nature of these rights and penalties for their violation. Meaning of Fundamental Duties The Fundamental Duties of Indian Constitution refer to a set of duties prescribed for the citizens of that nation. They act as a reminder to the citizens that in addition to the enjoyment of rights, they also have to perform certain duties towards the nation they live in. In essence, Fundamental Duties can be summarised as a set of moral and ethical obligations that citizens are expected to uphold towards a nation. List of Fundamental Duties in India Article 51A in Part IV-A provides eleven Fundamental Duties of Indian Constitution. These fundamental duties are: To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem, To cherish and follow the noble ideals that inspired the national struggle for freedom, To uphold and protect the sovereignty, unity, and integrity of India, To defend the country and render national service when called upon to do so, To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities and to renounce practices derogatory to the dignity of women,  To value and preserve the rich heritage of the country’s composite culture, To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures, To develop a scientific temper, humanism, and the spirit of inquiry and reform, To safeguard public property and to abjure violence, To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavours and achievement, and To provide opportunities for education to his child or ward between the age of six and fourteen years (added by the 86th Constitutional Amendment Act of 2002). Evolution of Fundamental Duties in India Originally, the Indian Constitution did not contain Fundamental Duties. However, their need and necessity were felt during the operation of the internal emergency from 1975 to 1977. Accordingly, steps were taken by the government that led to the incorporation and evolution of the Fundamental Duties in India: Sardar Swaran Singh Committee In 1976, the Government of India appointed the Sardar Swaran Singh Committee to make recommendations about Fundamental Duties. The Committee observed that in addition to the enjoyment of rights, the citizens should also perform certain duties. Accordingly, it recommended the inclusion of a separate chapter on Fundamental Duties in the Constitution, which would contain a list of 8 Fundamental Duties. 42nd Constitutional Amendment Act of 1976 The Central Government accepted the recommendations of the Sardar Swaran Singh Committee and decided to incorporate a list of fundamental duties in the Constitution of India. Accordingly, it enacted the 42nd Constitutional Amendment Act in 1976, which added a new part (Part IVA) to the Constitution. This new part consists of only one Article (Article 51A) which specifies a code of ten fundamental duties of the citizens of India. It is to be noted that though the Swaran Singh Committee recommended the incorporation of eight Fundamental Duties, the 42nd Constitutional Amendment Act included ten Fundamental Duties. 86th Constitutional Amendment Act of 2002 The 86th Constitutional Amendment Act of 2002 added one more Fundamental Duty (to provide opportunities for education to his child or ward between the ages of six and fourteen years). The list of Fundamental Duties in the Indian Constitution has been constant since then. What is Directive Principles of State Policy (DPSPs)? The Directive Principles of State Policy, in the context of India, refers to a set of guidelines or principles contained in the Indian Constitution. They denote the ideals that the governments in India, both Central as well as State, should keep in mind while formulating policies and enacting laws. They constitute a very comprehensive socio-economic and political program that would aid in achieving socio-economic justice and setting the foundation for a modern and welfare state. The idea of the Directive Principles of State Policy (DPSP) in the Indian Constitution has been borrowed from the Irish Constitution. Constitutional Provisions Related to DPSPs Articles 36 to 51 in Part IV of the Indian Constitution contain detailed provisions regarding the Directive Principles of State Policy (DPSPs). Dr. B.R. Ambedkar described the Directive Principles of State Policy as ‘Novel Features’ of the Indian Constitution. Granville Austin has described the Directive Principles of State Policy and Fundamental Rights as the ‘Conscience of the Constitution’. LIST OF DIRECTIVE PRINCIPLES (ARTICLE 36-51) Article 36- Defines the “state”. Article 37-Part IV of the Indian Constitution shall not be enforceable in any court of law. Article 38-Social, Political and Economic Justice. Article 39-Principles of Policy. Article 39A-Free Legal aid. Article 40-Organization of Panchayats. Article 41-Welfare Government. Article 42-Securing just and humane work and maternity relief. Article 43-Fair wages and a decent standard of life. Article 43-A-Workers’ participation in management. Article 43-B-Promotion of Cooperatives. Article 44-Uniform Civil Code. Article 45-Infant and Child Care. Article 46-Protection of SCs, STs and other weaker sections from exploitation. Article 47-Nutrition, Standard of living and public health. Article 48-Scientific agriculture and animal husbandry. Article 48-A-Environment and Wildlife Protection. Article 49-Protection of monuments and places and objects which have national importance. Article 50-Judiciary should be separate from the Executive. Article 51-The state shall promote international peace and security.  UNIT 3 UNION GOVERNMENT Parliament Supreme Legislative Body: The Parliament is the legislative organ of a Union government and the Parliament of India is its supreme legislative body. It occupies a pre-eminent and central position in the Indian democratic political system due to the adoption of the Parliamentary form of Government (‘Westminster’ model of government). First Parliament: The first general elections under the new Constitution of India were held during the year 1951-52 and the first elected Parliament came into existence in April, 1952. Constitutional Provisions: Articles 79 to 122 in Part V of the Constitution deal with the organisation, composition, duration, officers, procedures, privileges and powers of the Parliament. Frame of Reference for Parliament: The framers of the Indian Constitution relied on the British pattern for Parliament Rajya Sabha (The Council of States):  It is the Upper House (Second Chamber or House of Elders) and it represents the states and union territories of the Indian Union.  The Rajya Sabha is called the permanent House of the Parliament as it is never fully dissolved.  The IV Schedule of the Indian Constitution deals with the allocation of seats in the Rajya Sabha to the states and UTs.. Composition: The maximum strength of Rajya Sabha is 250 ( out of which 238 members are representatives of the states & UTs (elected indirectly) and 12 are nominated by the President). Current strength of the house is 245, 229 members represent the states, 4 members represent the UTs and 12 are nominated by the president. Election of Representatives:  The representatives of states are elected by the members of state legislative assemblies.  The representatives of each UT in the Rajya Sabha are indirectly elected by members of an electoral college specially constituted for the purpose.  Only three UTs (Delhi, Puducherry and Jammu & Kashmir) have representation in Rajya Sabha (others don’t have enough population).  The members nominated by the President are those who have special knowledge or practical experience in art, literature, science and social service.  The rationale is to provide eminent persons a place in the house without going through elections Functions:  Rajya Sabha has an important role of reviewing and altering the laws initiated by the Lok Sabha.  It can also initiate legislation and a bill is required to pass through the Rajya Sabha in order to become a law. Power: State Related Matters:  The Rajya Sabha provides representation to the States.  Therefore, any matter that affects the States must be referred to it for its consent and approval.  If the Union Parliament wishes to remove/transfer a matter from the State list, the approval of the Rajya Sabha is necessary. Lok Sabha (The House of the People):  It is the Lower House (First Chamber or Popular House )and it represents the people of India as a whole.  Composition: The maximum strength of the Lok Sabha is fixed at 550 out of which 530 members are to be the representatives of the states and 20 of the UTs.  The current strength of Lok Sabha is 543, out of which 530 members represent the states and 13 represent the UTs.  Earlier, the President also nominated two members from the Anglo- Indian community, but by the 95th Amendment Act, 2009, this provision was valid till 2020 only. Election of Representatives: The representatives of states are directly elected by the people from the territorial constituencies in the states. By the Union Territories (Direct Election to the House of the People) Act, 1965, the members of Lok Sabha from the UTs are chosen by direct election. Functions: One of the most important functions of the Lok Sabha is to select the executive, a group of persons who work together to implement the laws made by the Parliament. UNION GOVERNMENT Chapter 3 The Union Executive consists of: – The President of India, – The Vice-President of India, – The Prime Minister of India, – The Council of Ministers (CoM), and – The Attorney General of India (AGI)  The President of India is the highest office of the land under the constitutional framework of India. The office of the President of India has been envisaged as: The head of the Indian State, The first citizen of India, The Titular or nominal or de jure head of the Union Executive, and The Commander-in-Chief of the Indian Armed Forces. Constitutional Provisions Related to President of India Articles 52-78 in Part V of the Indian Constitution deal with the Union Executive of India. They also contain some key provisions related to the President of India. The constitutional provisions mentioned under these articles deal with matters related to the election, qualifications, impeachment, powers & functions, and other aspects related to the office of the President of India. Qualifications of President of India A person to be eligible for election as the President of India should possess the following qualifications. He/she should be a citizen of India. He/she should have completed 35 years of age. He/she should be qualified for election as a member of the Lok Sabha. He/she should not hold any office of profit under the Union government, any State government, any local authority, or any other public authority. Note: A sitting President or Vice-President, Governor, and Minister of Union/State is not deemed to hold any office of profit.  Election of President of India The President of India is elected not directly by the people of India, but by the members of a electoral college as described below. Members who vote in the Presidential Election Members who do not vote in the Presidential Election The elected members of both Houses of Parliament The nominated members of both Houses of Parliament The elected members of Legislative Assemblies of The nominated members of State Legislative States Assemblies The elected members of Legislative Assemblies of Both elected and nominated members of State Union Territories of Delhi and Puducherry Legislative Councils The nominated members of Legislative Assemblies of Union Territories of Delhi and Puducherry What is the term of the President’s office? Once President is elected, he holds office for five years. He sits in the office even after the completion of five years given no new election has taken place or no new President has been elected till then. He can also be re-elected and there is no cap on his re-election Powers and functions of the President of India Executive Powers of President For every executive action that the Indian government takes, is to be taken in his name He may/may not make rules to simplify the transaction of business of the central government He appoints the attorney general of India and determines his remuneration He appoints the following people: Comptroller and Auditor General of India (CAG) Chief Election Commissioner and other Election Commissioners Chairman and members of the Union Public Service Commission State Governors Finance Commission of India chairman and members  He seeks administrative information from the Union government  He requires PM to submit, for consideration of the council of ministers, any matter on which a decision has been taken by a minister but, which has not been considered by the council  He appoints National Commissions of:  Scheduled Castes  Scheduled Tribes  Other Backward Classes  He appoints inter-state council  He appoints administrators of union territories  He can declare any area as a scheduled area and has powers with respect to the administration of scheduled areas and tribal areas Legislative Powers of President 1.He summons or prorogues Parliament and dissolve the Lok Sabha 2.He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock 3.He addresses the Indian Parliament at the commencement of the first session after every general election 4.He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy chairman of Rajya Sabha when the seats fall vacant 5.He nominates 12 members of the Rajya Sabha 6.He can nominate two members to the Lok Sabha from the Anglo-Indian Community 7.He consults the Election Commission of India on questions of disqualifications of MPs. 8.He recommends/ permits the introduction of certain types of bills 9.He promulgates ordinances 10.He lays the following reports before the Parliament: 1. Comptroller and Auditor General 2. Union Public Service Commission 3. Finance Commission, etc. Financial Powers of President 1.To introduce the money bill, his prior recommendation is a must 2.He causes Union Budget to be laid before the Parliament 3.To make a demand for grants, his recommendation is a pre-requisite 4.Contingency Fund of India is under his control 5.He constitutes the Finance Commission every five years Judicial Powers of President 1.Appointment of Chief Justice and Supreme Court/High Court Judges are on him 2.He takes advice from the Supreme Court, however, the advice is not binding on him 3.He has pardoning power: Under article 72, he has been conferred with power to grant pardon against punishment for an offence against union law, punishment by a martial court, or death sentence. Pardoning powers of the president includes the following types: Pardon with the grant of pardon convicts both conviction and sentence completely absolved Commutation with this nature of the punishment of the convict can be changed Remission reduces the term of the imprisonment Respite awards lesser punishment than original punishment by looking at the special condition of a convict Reprieve stays the execution of the awarded sentence for a temporary period Diplomatic Powers of President 1.International Treaties and agreements that are approved by the Parliament are negotiated and concluded in his name 2.He is the representative of India in international forums and affairs Military Powers of President He is the commander of the defence forces of India. He appoints: 1.Chief of the Army 2.Chief of the Navy 3.Chief of the Air Force Emergency Powers of President He deals with three types of emergencies given in the Indian Constitution: 1.National Emergency (Article 352) 2.President’s Rule (Article 356 & 365) 3.Financial Emergency (Article 360) What is the Veto Power of the President? When a bill is introduced in the Parliament, Parliament can pass the bill and before the bill becomes an act, it has to be presented to the Indian President for his approval. It is on the President of India to either reject the bill, return the bill or withhold his assent to the bill. The choice of the President over the bill is called his veto power. The Veto Power of the President of India is guided by Article 111 of the Indian Constitution. Impeachment of the President in India -Article 61 The parliament can impeach the President of India. The violation of the Constitution can remove the President, but the Constitution's violation is not defined in the constitution. According to the Constitution President's removal is through a process where- A proposal to prefer a charge is contained in a resolution brought after 14 days' notice to the President in writing. The house then takes up the resolution and if the house passes the resolution with the majority of two-thirds of the total membership of the house. Then the resolution is passed to the second house and the second house investigates the charges where the President is entitled to either represent himself or get represented. If the second house passes the resolution with the same majority the president stands impeached. Prime Minister Article 75 of the Indian Constitution mentions that a Prime Minister is one who is appointed by the President. President of India appoints a person as the Prime Minister who is either the leader of the party which holds a majority of seats in the Lok Sabha or is a person who is able to win the confidence of the Lok Sabha by gaining the support of other political parties. All other ministers are appointed by the President on the advice of the Prime Minister. Note: President can also appoint Prime Minister on his own discretion but only when no party has a clear majority in the Lok Sabha Power and Function of Prime Minister Prime Minister of India serves the country by following various functions. He performs his functions taking responsibilities as: The leader of the Country: The Prime Minister of India is the Head of the Government of India. Portfolio allocation: The Prime Minister has the authority to assign portfolios to the Ministers. Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet and presides the meetings of the Cabinet. He can impose his decision if there is a crucial opinion difference among the members. Official Representative of the country: Prime minister represents the country for high-level international meetings The link between the President and the Cabinet: The Prime Minister acts as the link between President and cabinet. He communicates all decisions of the Cabinet to the President which is related to the administration of the affairs of the Union and proposals for legislation. Head: The Prime Minister is the head of Nuclear Command Authority, NITI Aayog, Appointments Committee of the Cabinet, Department of Atomic Energy, Department of Who is eligible to be a Prime Minister? To become an Indian prime minister one has to be A citizen of India. A member of either Rajya Sabha or Lok Sabha He should have completed his 30 years if he is a member of the Rajya Sabha or can be 25 years of age if he is a member of the Lok Sabha. ARTICLES Relationship between Prime Minister and the President 74 Mentions how the Prime Minister and President are both connected with the council of ministers. The Council with PM as head advise President on various issues. 75 Mentions three things: President appoints PM and other ministers are appointed by the President on the advice of the PM. Ministers hold their office during the pleasure of the President. Council of Ministers is collectively responsible to the Lok Sabha. 78 PM communicates all decisions made by the council of members to the President. President can also refer issues for the consideration of the council of members. Longest-Serving Indian Prime Minister Jawaharlal Nehru (1947 – 1964) Second Longest-Serving Indian Prime Minister Indira Gandhi Acting Prime Minister Twice Gulzari Lal Nanda The first woman Prime Minister to receive the Indira Gandhi Bharat Ratna First Non-Congress Prime Minister of India Morarji Desai Indian Prime Minister received Pakistan’s Morarji Desai highest civilian award Youngest Indian Prime Minister Rajiv Gandhi First Prime Minister from South India P.V. Narasimha Rao First Prime Minister of India who was a Indira Gandhi member of the Rajya Sabha Second person to be elected as PM for the Narendra Modi third time after Nehru Council of Ministers Two articles – Article 74 and Article 75 of the Indian Constitution deal with the Council of Ministers. Article 74 mentions that the council will be headed by the Prime Minister of India and will aid and advise the President, Article 75 mentions the following things: They are appointed by the President on the advice of Prime Minister They along with the Prime Minister of India form 15% of the total strength of the lower house i.e. Lok Sabha. (The number cannot exceed 15%) 91st Amendment Act provided for the disqualification of the minister when he stands disqualified as a member of Parliament. A Minister ceased to exist as one if he is not a member of either house of Parliament for six consecutive months. Parliament decides the salary and allowances of the council of ministers. SUPREME COURT The Supreme Court of India is the highest judicial court and the final court of appeal under the Constitution of India, the highest constitutional court, with the power of judicial review. India is a federal State and has a single and unified judicial system with three tier structure, i.e. Supreme Court, High Courts and Subordinate Courts. History of the Supreme Court of India The promulgation of Regulating Act of 1773 established the Supreme Court of Judicature at Calcutta as a Court of Record, with full power & authority. It was established to hear and determine all complaints for any crimes and also to entertain, hear and determine any suits or actions in Bengal, Bihar and Orissa The Supreme Courts at Madras and Bombay were established by King George – III in 1800 and 1823 respectively. The India High Courts Act 1861 created High Courts for various provinces and abolished Supreme Courts at Calcutta, Madras and Bombay and also the Sadar Adalats in Presidency towns.  These High Courts had the distinction of being the highest Courts for all cases till the creation of Federal Court of India under the Government of India Act 1935. The Federal Court had jurisdiction to solve disputes between provinces and federal states and hear appeal against Judgements from High Courts. After India attained independence in 1947, the Constitution of India came into being on 26 January 1950. The Supreme Court of India also came into existence and its first sitting was held on 28 January 1950. The law declared by the Supreme Court is binding on all Courts within the territory of India. It has the power of judicial review – to strike down the legislative and executive action contrary to the provisions and the scheme of the constitution, the distribution of power between Union and States or inimical to the fundamental rights guaranteed by the Constitution. The Constitutional Provision The Indian constitution provides for a provision of Supreme Court under Part V (The Union) and Chapter 6 (The Union Judiciary). Articles 124 to 147 in Part V of the Constitution deal with the organisation, independence, jurisdiction, powers and procedures of the Supreme Court. The Indian constitution under Article 124(1) states that there shall be a Supreme Court of India constituting of a Chief Justice of India (CJI) and, until Parliament by law prescribes a larger number, of not more than seven other Judges. The Jurisdiction of the Supreme Court of India can broadly be categorised into original jurisdiction, appellate jurisdiction and advisory jurisdiction.  Appointment of Judges The judges of the Supreme Court are appointed by the President. The CJI is appointed 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 the President after consultation with the CJI and such other judges of the Supreme Court and the high courts as he deems necessary. The consultation with the chief justice is obligatory in the case of appointment of a judge other than Chief justice. Qualifications Required for the Appointment of Judges A person to be appointed as a judge of the Supreme Court should have the following qualifications: He should be a citizen of India. He should have been a judge of a High Court (or high courts in succession) for five years; or He should have been an advocate of a High Court (or High Courts in succession) for ten years; or He should be a distinguished jurist in the opinion of the president The Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court. Tenure of Judges The Constitution has not fixed the tenure of a judge of the Supreme Court. However, it makes the following three provisions in this regard: He holds office until he attains the age of 65 years. Any question regarding his age is to be determined by such authority and in such manner as provided by Parliament. 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.  A judge of the Supreme Court can be removed from his office by an order of the President. The President can issue the removal order only 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 (ie, 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 two—proved misbehaviour or incapacity. The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a judge of the Supreme Court by the process of impeachment: No judge of the Supreme Court has been impeached so far. Impeachment motions of Justice V Ramaswami (1991–1993) and the Justice Dipak Misra (2017-18) were defeated in the Parliament NOTE - Dhananjaya Y. Chandrachud is the current CIJ STATE LEGISLATURE  INTRODUCTION Constitution has provided an uniform pattern of government for the states. For every state there shall be a legislature which consists of Governor, and Houses of legislature. The states of Andhra Pradesh, Telangana, Utter Pradesh, Bihar, Maharashtra, Karnataka, and J&K will have two houses(bicameral legislature) All other states will have only one House(unicameral legislature) Where there are two houses in the legislature of a state one shall be known as Legislative Assembly and other Legislative Council Where there is only one house it shall be known as Legislative Assembly Legislative Assembly (Vidhan Sabha) Legislative Council (Vidhan Parishad) The Legislative Assembly is the lower house of the State The Legislative Council serves as the upper house of the State Legislature. Legislature. Members of the Legislative Assembly are elected directly. Members of the Legislative Council are elected indirectly. Members of the Legislative Assembly are chosen directly by the Members of the Legislative Council are elected by various people. entities like the state legislative assembly, local bodies, etc. Members of the Legislative Assembly serve for a term of 5 Members of the Legislative Council serve for a term of 6 years. years. The Legislative Assembly is presided over by the Speaker. The Legislative Council is presided over by the Chairman. The minimum age for membership in the Legislative Assembly is The minimum age for membership in the Legislative Council is 25 years. 30 years. All states in India have a Legislative Assembly. Only six states in India - Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh, have a Legislative Council. The maximum number of members in the Legislative Assembly The number of members in the Legislative Council should be is 500, and the minimum is 60. one-third of the total number of members in the Legislative Assembly, but not less than 40.  NOMINATION AND RESERVATION The governor has the power to nominate 1 member from Anglo-Indian community. A certain number of seats are also reserved in each Legislative Assembly for SC & ST to provide sufficient representation to them  LEGISLATIVE ASSEMBLY (VIDHAN SABHA) The members of the legislative assembly are chosen by direct election on the basis of universal adult franchise from territorial constituents. The no of members of the assembly shall not be more than 500 or less than 60 The legislative assemblies of Mizoram and Goa have a special provision for 40 members each. The actual members of the house is revised from time to time on the basis of latest census.  TERM Legislative Assembly is elected for a term of 5 year. It may be dissolved earlier by the Governor on the advice of the Chief Minister. The state is then placed under Presidents Rule. When an emergency is on operation, the life of the house may be extended but this extension shall not be more than a year time.  SESSIONS The governor summons the sessions of the state legislature. There should be at least 2 sessions of the Legislative Assembly in a year. QUORUM Either 10members or one-tenth of total members of the assembly, whichever is greater.  QUALIFICATION FOR A MEMBER A citizen of India Not less than 25 years of age Qualified as may be prescribed under any law made by the parliament. A candidate shall not be elected to the assembly unless he is registered voter with any of the constituent assembly with in the state.  POWERS & FUNCTIONS OF LEGISLATURE Legislative powers Control over executive Financial powers Constituent powers Elective power  POWERS & FUNCTIONS LEGISLATIVE CONTROL OVER POWERS FINANCIAL POWERS EXECUTIVE To make law To modify law To ask question To pass budget To delete law To pass no confidence motion To debate and discussion on budget To reject bill Debates and discussion To form financial committee To debate bill  CONSTITUENT POWERS Certain amendments like the election of president or Union judiciary, these subjects have to be passed by the Union parliament by a two third majority and then ratified by at least one-half of the state legislature.  ELECTIVE POWERS The president of India is elected by an electoral college comprising the elected members of both the Houses of parliament and the elected members of legislative assemblies of the state.  GOVERNOR Governor is the executive head of the state. Act as per aid and advice of chief minister. It is possible to appoint same person as the governor of 2 or more state if necessary. Representative of central government. The Governor’s appointment, his powers and everything related to the office of Governor have been discussed under Article 153 to Article 162 of the Indian Constitution  APPOINTMENT The governor of a state is not elected but is appointed by the president , on the advice of prime minister. The governor should not be a resident of concerned state. The governor should not be involved in local politics.  QUALIFICATION A citizen of India Not less than 35 years of age Qualified as may be prescribed under any law made by the parliament. Not holding any office of profit.  POWERS & FUNCTIONS EXECUTIVE POWERS LEGISLATIVE POWERS FINANCIAL POWERS JUDICAL POWERS DISCRETIONARY POWERS  EXECUTIVE POWERS Appointing the chief minister. Appointing other officials Asking for information  LEGISLATIVE POWERS Sessions of the state legislature The Governor’s address Assent to bills Power to promulgate ordinance Nomination to state legislature.  FINANCIAL POWER MONEY BILLS THE BUDGET CONTIGENCY FUND  DISCRETIONARY POWERS SELECTION OF CHIEF MINISTER DISMISSAL OF THE COUNCIL STATE EMERGENCY BILL RESERVED FOR PRESIDENT ADMINISTRATION OF TRIBAL AREAS  TERMINATION OF GOVERNOR The term of governor's office is normally 5 years but it can be terminated earlier by: 1. Dismissal by the president on the advice of the council of minister headed by the prime minister of the country. 2. Dismissal of governors without a valid reason is not permitted. However, it is the duty of the President to dismiss a governor whose acts are upheld by courts as unconstitutional. 3. Resignation by the governor. POWERS AND FUNCTIONS OF THE CHIEF MINISTER  APPOINTMENT Article 164 of the Constitution envisages that the Chief Minister shall be appointed by the governor. A leader of the party that has got the majority share of votes in the assembly elections, is appointed as the Chief Minister of the state. The Governor is the nominal executive authority, but real executive authority rests with the Chief Minister. However, the discretionary powers enjoyed by the governor reduces to some extent the power, authority, influence, prestige and role of the Chief Minister in the state administration. A person who is not a member of the state legislature can be appointed as Chief Minister for six months, within which time, he should be elected to the state legislature, failing which he ceases to be the Chief Minister.  TERM OF CM The chief minister can have a maximum term of five years. It is the same as that of an MLA. However he can continue in office if he gains support in the next election as well. He cannot be dismissed by the governor as long as he enjoys the majority support in the legislative assembly. The State Legislative Assembly can also remove him by passing a vote of no- confidence against him  POWERS IN RELATION TO THE STATE LEGISLATURE As the leader of the Legislative Assembly ,all important announcements are made by him on the floor of the House. The sessions of the Assembly are summoned and prorogued by the Governor on the advice of the Chief Minister. The speaker decides the agenda of the House in Consultation with the Chief Minister. The Chief Minister is at the center of all debate and discussions. He intervenes when a discussion goes out of hand or when a particular minister is unable to defend himself against criticism.  POWERS IN RELATION TO THE COUNCIL OF MINISTERS All members of the council of ministers are appointed by the governor on the recommendation of the Chief Minister. The Chief Minister also allocates portfolios to the ministers. All ministers are answerable to Chief Minister in the exercise of their duties. The Chief Minister chairs the cabinet meetings. The proposals at Cabinet meetings are accepted or rejected primarily by the Chief Minister. Decisions at these meetings cannot be taken without the Chief Minister’s approval.  POWERS IN RELATION TO THE GOVERNOR *The Chief Minister is the link between the Council of Ministers and the Governor. He conveys all decisions of the Cabinet to the Governor and answers all queries by the Governor about the administration of the state. *All appointments made by the governor are on the basis of the advice given by the Chief Minister. *The process of summoning, and dissolving the House is also done by the Governor on the recommendation of Chief Minister.  OTHER FUNCTIONS He is the chairman of the State Planning Board. He acts as a vice-chairman of the concerned zonal council by rotation, holding office for a period of one year at a time. He is a member of the Inter-State Council and the Governing Council of NITI Aayog, both headed by the prime minister. He is the chief spokesman of the state government. He is the crisis manager-in-chief at the political level during emergencies. As a leader of the state, he meets various sections of the people and receives memoranda from them regarding their problems, and so on. He is the political head of the services. POWERS AND FUNCTIONS OF HIGH COURT  Appointment of HC Judges Article 217 of the Constitution: It states that the Judge of a High Court shall be appointed by the President in consultation with the Chief Justice of India (CJI), the Governor of the State. In the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court is consulted.  CONSULTATION PROCESS High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges. The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues. The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister. The Chief Justice of the High Court is appointed as per the policy of having Chief Justices from outside the respective States. Ad-hoc Judges: The appointment of retired judges was provided for in the Constitution under Article 224A.  JUDICIAL REVIEW Like the Supreme Court ,the High Court too has power of judicial review. If any law or ordinance, questions of Fundamental Rights or contravenes some provisions of the Constitutions , the High Court can declare the law as ‘null and void’. Thus the High Court acts as the guardian of the Constitution.  POWER TO ISSUE WRITS Like the Supreme Court, the High Courts too enjoy the power to issue writs against an individual or an official. These writs are issued for the enforcement of Fundamental Rights and to protect them from being violated.  Court of Record Like the Supreme Court , the High Court is also a Court of Record. The orders and judgements of the High Courts are preserved for future references. These can be produced in any court as precedents. These laws then become binding on the Subordinate Courts of that particular state.  Administrative Powers It superintends and controls all the subordinate courts. It can ask for details of proceedings from subordinate courts. It issues rules regarding the working of the subordinate courts. It can transfer any case from one court to another and can also transfer the case to itself and decide the same. It can enquire into the records or other connected documents of any subordinate court. It can appoint its administration staff and determine their salaries and allowances, and conditions of service. REVISION 1. The Governor of a State is appointed by the President on the advice of the (a) Prime Minister (b) Vice- President (c) Chief Minister (d) Chief Justice of India 2. The President gives his. resignation to the (a) Chief Justice (b) Parliament (c) Vice President (d) Prime Minister 3. For what period does the President of India hold office ? (a) 5 years (b) Till the age of 65 years (c) 6 years | (d) 2 years 4. Who among the following holds office during the pleasure of the President? (a) Governor (b) Election Commissioner (c) Speaker of Lok Sabha (d) Prime Minister 5. Which of the following is not true regarding the payment of the emoluments of the President? (a) They can be reduced during a Financial Emergency. (b) They are shown separately in the budget. (c) They are charged on the Contingency Fund of India. (d) They do not require any parliament sanction 6. The total number of members nominated by the President to the Rajya Sabha is (a) 16 (b) 8 (c) 14 (d 12 7. Which one of the following does not constitute the electoral college for electing the President of India ? (a) Elected members of Lok Sabha (b) Elected members of the Legislative Assembly of each state..(c) Elected members of the Rajya Sabha (d) Nominated members of Rajya Sabha 8)Council of Ministers in a Parliamentary type of Government can remain in office till it enjoys the support of the- (a) Majority of members of the Upper House of Parliament (b) Majority of the members of the Lower House of Parliament 9. Which of the following appointments is not made by the President of India? (a) Chief of the Army (b) Speaker of the Lok Sabha (c) Chief Justice of India (d) Chief of the Air Force 10. Who appoints the Prime Minister of India? (a) Lok Sabha (b) President (c) Parliament (d) Citizens of India 11. The first woman Governor of a state in free India was (a) Mrs. Indira Gandhi (b) Mrs. Vijaya Laxmi Pandit (c) Mrs. Sarojini Naidu (d) Mrs. Sucheta Kripalani 12. Minimum age required to contest for Presidentship is (a) 23 years (b) 2l years (c) 35 years (d) 30 years 13. The charge of impeachment against the President of India for his removal can be profaned by (a) Both Houses of Parliament (b) Speaker of Lok Sabha and (c)Chairman of Rajya Sabha (d) Lok Sabha 14. The Chief Minister of a Union Territory where such a set up exists, is appointed by the (a)Lt. Governor (b) Majority party in Legislature (c) President (d) Prime Minister 15. Who was the first Prime Minister of India? (a) Jawaharlal Nehru (b) Mrs. Indira Gandhi (c) Dr. Rajendra Prasad (d) Mahatma Gandhi 16. In case a President dies while in office, the vice President can act as President for a maximum period of (a) 1 years (b) 3 months (c) 6 months (d) 2 years 17. The Union Council of Ministers consists of (a) Cabinet Ministers, Minister of State and Deputy Ministers (b) Cabinet Ministers and Chief Ministers of the States (c) Prime Minister (d) Cabinet Ministers 18. Who administers the oath of office to the President of India before he enters upon the office? (a) Chief Justice (b) Speaker (c) Vice President (d) Prime Minister 19. Who among the following enjoys the rank of a Cabinet Minister of the Indian Union? (a) President (b) Deputy Chairman of the Planning Commission (c) Deputy Chairman, Rajya Sabha (d) Secretary to the Government of India 20. A person who is not a member of Parliament can be appointed as a Minister by the President for a maximum period of (a) 9 months ft) 3 months (c) 12 month (d) 6 months First prime minister of India who was the member of the Rajya Sabha a. Moraji Desai b. Jawaharlal Nehru c. Indira Gandhi d. P V Narshimha Rao Financial Emergency is given in a. Article 365 b. Article 362 c. Article 360 d. Article 363 Under which Article of the Constitution is the President's rule promulgated on any state in India? a. 326 b. 370 c. 380 d. 356 The state that does not have bicameral legislative is a. Andhra Pradesh b. Kerala c. Telangana d. Uttar Pradesh A feeling of brotherhood and an emotional attachment with the country and all the people a. Liberty b. Equality c. Justice d. Fraternity The Directive Principles of State Policy were borrowed from a.UK b. Japan c. Ireland d. Germany  The “Date of Adoption” of the Constitution of India. a. 26th November 1949 b. 26th January 1950 c. 26th December 1947 d. 29th October 1950 Which Article of the Indian Constitution abolishes Untouchability? a. Article 18 b. Article 15 c. Article 14 d. Article 17 The concept of Parliamentary form of Government has been taken from the _______ Constitution a. American b. British c. Russian d. French In which year were the first general election held in India ? a. 1950-51 b. 1948-49 c. 1951-52 d. 1947-48 Article 78 of the Constitution deals with a. President's power to get information from the Council of Ministers. b. Prime Minister's duty regarding keeping the President informed about the government's decisions and policies. c. Emergency powers of the President d. President's power to send advisory messages to the Parliament. Chief Ministers of all the states are ex-officio members of the (a) Planning Commission (b) National Development Council (c) Inter State Council (d) Finance Commission The original Constitution of India was handwritten by a) Rafi Ahmed Kidwai b)Kailash Nath Katju c)Prem Bihari Narain Raizada d)Kanayalal maneklal Munshi The right to move freely throughout the territory of India comes under which Article of the Indian Constitution? Article 11 Article 13 Article 19 Article 22 What is the quorum to constitute a meeting of Lok Sabha? Half of the total members of the House A quarter of the total members of the House One- fifth of the total members of the House One-tenth of the total members of the House.  How many Fundamental Rights have been provided by the Constitution of India? Eight Nine Five Six Who is the Executive head of the state government? Chief Minister of the State High court judge Governor Health Minister of the State How many fundamental duties are noticed in the Constitution of India? Nine Eleven Eight Eleven Which of the Indian Constitution's given Article has the right to privacy been incorporated as fundamental rights? Article 15 Article 17 Article 21 Article 23 Which Article of the Indian Constitution states the directive principles of state policy on 'Promotion of international peace and security? Article 57 Article 51 Article 59 Article 49 Which of the given Articles of the Indian Constitution empowers the President to grant pardons to any person? Article 41 Article 72 Article 27 Article 91 How much time did it take for the creation of the Indian Constitution? 2 years 3 months 26 days 2 years 11 months 18 days 2 years 6 months 23 days 2 years 5 months 11 days Which article of the Indian Constitution deals with Fundamental Rights? Article 351 Article 71 Article 12 - 35 Article 46 - 59 As per the Indian Constitution, the retirement age of the Chief Justice of the Supreme Court of India is? 52 years 55 years 60 Years 65 years STATE LEGISLATURE  INTRODUCTION Constitution has provided an uniform pattern of government for the states. For every state there shall be a legislature which consists of Governor, and Houses of legislature. The states of Andhra Pradesh, Telangana, Utter Pradesh, Bihar, Maharashtra, Karnataka, and J&K will have two houses(bicameral legislature) All other states will have only one House(unicameral legislature) Where there are two houses in the legislature of a state one shall be known as Legislative Assembly and other Legislative Council Where there is only one house it shall be known as Legislative Assembly Legislative Assembly (Vidhan Sabha) Legislative Council (Vidhan Parishad) The Legislative Assembly is the lower house of the State The Legislative Council serves as the upper house of the State Legislature. Legislature. Members of the Legislative Assembly are elected directly. Members of the Legislative Council are elected indirectly. Members of the Legislative Assembly are chosen directly by the Members of the Legislative Council are elected by various people. entities like the state legislative assembly, local bodies, etc. Members of the Legislative Assembly serve for a term of 5 Members of the Legislative Council serve for a term of 6 years. years. The Legislative Assembly is presided over by the Speaker. The Legislative Council is presided over by the Chairman. The minimum age for membership in the Legislative Assembly is The minimum age for membership in the Legislative Council is 25 years. 30 years. All states in India have a Legislative Assembly. Only six states in India - Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh, have a Legislative Council. The maximum number of members in the Legislative Assembly The number of members in the Legislative Council should be is 500, and the minimum is 60. one-third of the total number of members in the Legislative Assembly, but not less than 40.  NOMINATION AND RESERVATION The governor has the power to nominate 1 member from Anglo-Indian community. A certain number of seats are also reserved in each Legislative Assembly for SC & ST to provide sufficient representation to them  LEGISLATIVE ASSEMBLY (VIDHAN SABHA) The members of the legislative assembly are chosen by direct election on the basis of universal adult franchise from territorial constituents. The no of members of the assembly shall not be more than 500 or less than 60 The legislative assemblies of Mizoram and Goa have a special provision for 40 members each. The actual members of the house is revised from time to time on the basis of latest census.  TERM Legislative Assembly is elected for a term of 5 year. It may be dissolved earlier by the Governor on the advice of the Chief Minister. The state is then placed under Presidents Rule. When an emergency is on operation, the life of the house may be extended but this extension shall not be more than a year time.  SESSIONS The governor summons the sessions of the state legislature. There should be at least 2 sessions of the Legislative Assembly in a year. QUORUM Either 10members or one-tenth of total members of the assembly, whichever is greater.  QUALIFICATION FOR A MEMBER A citizen of India Not less than 25 years of age Qualified as may be prescribed under any law made by the parliament. A candidate shall not be elected to the assembly unless he is registered voter with any of the constituent assembly with in the state.  POWERS & FUNCTIONS OF LEGISLATURE Legislative powers Control over executive Financial powers Constituent powers Elective power  POWERS & FUNCTIONS LEGISLATIVE CONTROL OVER POWERS FINANCIAL POWERS EXECUTIVE To make law To modify law To ask question To pass budget To delete law To pass no confidence motion To debate and discussion on budget To reject bill Debates and discussion To form financial committee To debate bill  CONSTITUENT POWERS Certain amendments like the election of president or Union judiciary, these subjects have to be passed by the Union parliament by a two third majority and then ratified by at least one-half of the state legislature.  ELECTIVE POWERS The president of India is elected by an electoral college comprising the elected members of both the Houses of parliament and the elected members of legislative assemblies of the state.  GOVERNOR Governor is the executive head of the state. Act as per aid and advice of chief minister. It is possible to appoint same person as the governor of 2 or more state if necessary. Representative of central government. The Governor’s appointment, his powers and everything related to the office of Governor have been discussed under Article 153 to Article 162 of the Indian Constitution  APPOINTMENT The governor of a state is not elected but is appointed by the president , on the advice of prime minister. The governor should not be a resident of concerned state. The governor should not be involved in local politics.  QUALIFICATION A citizen of India Not less than 35 years of age Qualified as may be prescribed under any law made by the parliament. Not holding any office of profit.  POWERS & FUNCTIONS EXECUTIVE POWERS LEGISLATIVE POWERS FINANCIAL POWERS JUDICAL POWERS DISCRETIONARY POWERS  EXECUTIVE POWERS Appointing the chief minister. Appointing other officials Asking for information  LEGISLATIVE POWERS Sessions of the state legislature The Governor’s address Assent to bills Power to promulgate ordinance Nomination to state legislature.  FINANCIAL POWER MONEY BILLS THE BUDGET CONTIGENCY FUND  DISCRETIONARY POWERS SELECTION OF CHIEF MINISTER DISMISSAL OF THE COUNCIL STATE EMERGENCY BILL RESERVED FOR PRESIDENT ADMINISTRATION OF TRIBAL AREAS  TERMINATION OF GOVERNOR The term of governor's office is normally 5 years but it can be terminated earlier by: 1. Dismissal by the president on the advice of the council of minister headed by the prime minister of the country. 2. Dismissal of governors without a valid reason is not permitted. However, it is the duty of the President to dismiss a governor whose acts are upheld by courts as unconstitutional. 3. Resignation by the governor. POWERS AND FUNCTIONS OF THE CHIEF MINISTER  APPOINTMENT Article 164 of the Constitution envisages that the Chief Minister shall be appointed by the governor. A leader of the party that has got the majority share of votes in the assembly elections, is appointed as the Chief Minister of the state. The Governor is the nominal executive authority, but real executive authority rests with the Chief Minister. However, the discretionary powers enjoyed by the governor reduces to some extent the power, authority, influence, prestige and role of the Chief Minister in the state administration. A person who is not a member of the state legislature can be appointed as Chief Minister for six months, within which time, he should be elected to the state legislature, failing which he ceases to be the Chief Minister.  TERM OF CM The chief minister can have a maximum term of five years. It is the same as that of an MLA. However he can continue in office if he gains support in the next election as well. He cannot be dismissed by the governor as long as he enjoys the majority support in the legislative assembly. The State Legislative Assembly can also remove him by passing a vote of no- confidence against him  POWERS IN RELATION TO THE STATE LEGISLATURE As the leader of the Legislative Assembly ,all important announcements are made by him on the floor of the House. The sessions of the Assembly are summoned and prorogued by the Governor on the advice of the Chief Minister. The speaker decides the agenda of the House in Consultation with the Chief Minister. The Chief Minister is at the center of all debate and discussions. He intervenes when a discussion goes out of hand or when a particular minister is unable to defend himself against criticism.  POWERS IN RELATION TO THE COUNCIL OF MINISTERS All members of the council of ministers are appointed by the governor on the recommendation of the Chief Minister. The Chief Minister also allocates portfolios to the ministers. All ministers are answerable to Chief Minister in the exercise of their duties. The Chief Minister chairs the cabinet meetings. The proposals at Cabinet meetings are accepted or rejected primarily by the Chief Minister. Decisions at these meetings cannot be taken without the Chief Minister’s approval.  POWERS IN RELATION TO THE GOVERNOR *The Chief Minister is the link between the Council of Ministers and the Governor. He conveys all decisions of the Cabinet to the Governor and answers all queries by the Governor about the administration of the state. *All appointments made by the governor are on the basis of the advice given by the Chief Minister. *The process of summoning, and dissolving the House is also done by the Governor on the recommendation of Chief Minister.  OTHER FUNCTIONS He is the chairman of the State Planning Board. He acts as a vice-chairman of the concerned zonal council by rotation, holding office for a period of one year at a time. He is a member of the Inter-State Council and the Governing Council of NITI Aayog, both headed by the prime minister. He is the chief spokesman of the state government. He is the crisis manager-in-chief at the political level during emergencies. As a leader of the state, he meets various sections of the people and receives memoranda from them regarding their problems, and so on. He is the political head of the services. POWERS AND FUNCTIONS OF HIGH COURT  Appointment of HC Judges Article 217 of the Constitution: It states that the Judge of a High Court shall be appointed by the President in consultation with the Chief Justice of India (CJI), the Governor of the State. In the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court is consulted.  CONSULTATION PROCESS High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges. The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues. The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister. The Chief Justice of the High Court is appointed as per the policy of having Chief Justices from outside the respective States. Ad-hoc Judges: The appointment of retired judges was provided for in the Constitution under Article 224A.  JUDICIAL REVIEW Like the Supreme Court ,the High Court too has power of judicial review. If any law or ordinance, questions of Fundamental Rights or contravenes some provisions of the Constitutions , the High Court can declare the law as ‘null and void’. Thus the High Court acts as the guardian of the Constitution.  POWER TO ISSUE WRITS Like the Supreme Court, the High Courts too enjoy the power to issue writs against an individual or an official. These writs are issued for the enforcement of Fundamental Rights and to protect them from being violated.  Court of Record Like the Supreme Court , the High Court is also a Court of Record. The orders and judgements of the High Courts are preserved for future references. These can be produced in any court as precedents. These laws then become binding on the Subordinate Courts of that particular state.  Administrative Powers It superintends and controls all the subordinate courts. It can ask for details of proceedings from subordinate courts. It issues rules regarding the working of the subordinate courts. It can transfer any case from one court to another and can also transfer the case to itself and decide the same. It can enquire into the records or other connected documents of any subordinate court. It can appoint its administration staff and determine their salaries and allowances, and conditions of service. REVISION 1. The Governor of a State is appointed by the President on the advice of the (a) Prime Minister (b) Vice- President (c) Chief Minister (d) Chief Justice of India 2. The President gives his. resignation to the (a) Chief Justice (b) Parliament (c) Vice President (d) Prime Minister 3. For what period does the President of India hold office ? (a) 5 years (b) Till the age of 65 years (c) 6 years | (d) 2 years 4. Who among the following holds office during the pleasure of the President? (a) Governor (b) Election Commissioner (c) Speaker of Lok Sabha (d) Prime Minister 5. Which of the following is not true regarding the payment of the emoluments of the President? (a) They can be reduced during a Financial Emergency. (b) They are shown separately in the budget. (c) They are charged on the Contingency Fund of India. (d) They do not require any parliament sanction 6. The total number of members nominated by the President to the Rajya Sabha is (a) 16 (b) 8 (c) 14 (d 12 7. Which one of the following does not constitute the electoral college for electing the President of India ? (a) Elected members of Lok Sabha (b) Elected members of the Legislative Assembly of each state..(c) Elected members of the Rajya Sabha (d) Nominated members of Rajya Sabha 8)Council of Ministers in a Parliamentary type of Government can remain in office till it enjoys the support of the- (a) Majority of members of the Upper House of Parliament (b) Majority of the members of the Lower House of Parliament 9. Which of the following appointments is not made by the President of India? (a) Chief of the Army (b) Speaker of the Lok Sabha (c) Chief Justice of India (d) Chief of the Air Force 10. Who appoints the Prime Minister of India? (a) Lok Sabha (b) President (c) Parliament (d) Citizens of India 11. The first woman Governor of a state in free India was (a) Mrs. Indira Gandhi (b) Mrs. Vijaya Laxmi Pandit (c) Mrs. Sarojini Naidu (d) Mrs. Sucheta Kripalani 12. Minimum age required to contest for Presidentship is (a) 23 years (b) 2l years (c) 35 years (d) 30 years 13. The charge of impeachment against the President of India for his removal can be profaned by (a) Both Houses of Parliament (b) Speaker of Lok Sabha and (c)Chairman of Rajya Sabha (d) Lok Sabha 14. The Chief Minister of a Union Territory where such a set up exists, is appointed by the (a)Lt. Governor (b) Majority party in Legislature (c) President (d) Prime Minister 15. Who was the first Prime Minister of India? (a) Jawaharlal Nehru (b) Mrs. Indira Gandhi (c) Dr. Rajendra Prasad (d) Mahatma Gandhi 16. In case a President dies while in office, the vice President can act as President for a maximum period of (a) 1 years (b) 3 months (c) 6 months (d) 2 years 17. The Union Council of Ministers consists of (a) Cabinet Ministers, Minister of State and Deputy Ministers (b) Cabinet Ministers and Chief Ministers of the States (c) Prime Minister (d) Cabinet Ministers 18. Who administers the oath of office to the President of India before he enters upon the office? (a) Chief Justice (b) Speaker (c) Vice President (d) Prime Minister 19. Who among the following enjoys the rank of a Cabinet Minister of the Indian Union? (a) President (b) Deputy Chairman of the Planning Commission (c) Deputy Chairman, Rajya Sabha (d) Secretary to the Government of India 20. A person who is not a member of Parliament can be appointed as a Minister by the President for a maximum period of (a) 9 months ft) 3 months (c) 12 month (d) 6 months First prime minister of India who was the member of the Rajya Sabha a. Moraji Desai b. Jawaharlal Nehru c. Indira Gandhi d. P V Narshimha Rao Financial Emergency is given in a. Article 365 b. Article 362 c. Article 360 d. Article 363 Under which Article of the Constitution is the President's rule promulgated on any state in India? a. 326 b. 370 c. 380 d. 356 The state that does not have bicameral legislative is a. Andhra Pradesh b. Kerala c. Telangana d. Uttar Pradesh A feeling of brotherhood and an emotional attachment with the country and all the people a. Liberty b. Equality c. Justice d. Fraternity The Directive Principles of State Policy were borrowed from a.UK b. Japan c. Ireland d. Germany  The “Date of Adoption” of the Constitution of India. a. 26th November 1949 b. 26th January 1950 c. 26th December 1947 d. 29th October 1950 Which Article of the Indian Constitution abolishes Untouchability? a. Article 18 b. Article 15 c. Article 14 d. Article 17 The concept of Parliamentary form of Government has been taken from the _______ Constitution a. American b. British c. Russian d. French In which year were the first general election held in India ? a. 1950-51 b. 1948-49 c. 1951-52 d. 1947-48 Article 78 of the Constitution deals with a. President's power to get information from the Council of Ministers. b. Prime Minister's duty regarding keeping the President informed about the government's decisions and policies. c. Emergency powers of the President d. President's power to send advisory messages to the Parliament. Chief Ministers of all the states are ex-officio members of the (a) Planning Commission (b) National Development Council (c) Inter State Council (d) Finance Commission The original Constitution of India was handwritten by a) Rafi Ahmed Kidwai b)Kailash Nath Katju c)Prem Bihari Narain Raizada d)Kanayalal maneklal Munshi The right to move freely throughout the territory of India comes under which Article of the Indian Constitution? Article 11 Article 13 Article 19 Article 22 What is the quorum to constitute a meeting of Lok Sabha? Half of the total members of the House A quarter of the total members of the House One- fifth of the total members of the House One-tenth of the total members of the House.  How many Fundamental Rights have been provided by the Constitution of India? Eight Nine Five Six Who is the Executive head of the state government? Chief Minister of the State High court judge Governor Health Minister of the State How many fundamental duties are noticed in the Constitution of India? Nine Eleven Eight Eleven How much time did it take for the creation of the Indian Constitution? 2 years 3 months 26 days 2 years 11 months 18 days 2 years 6 months 23 days 2 years 5 months 11 days Which article of the Indian Constitution deals with Fundamental Rights? Article 351 Article 71 Article 12 - 35 Article 46 - 59 As per the Indian Constitution, the retirement age of the Chief Justice of the Supreme Court of India is? 52 years 55 years 60 Years 65 years Which of the Indian Constitution's given Article has the right to privacy been incorporated as fundamental rights? Article 15 Article 17 Article 21 Article 23 Which Article of the Indian Constitution states the directive principles of state policy on 'Promotion of international peace and security? Article 57 Article 51 Article 59 Article 49 Which of the given Articles of the Indian Constitution empowers the President to grant pardons to any person? Article 41 Article 72 Article 27 Article 91 It means absolute independence, i.e, a government is not controlled by any other power a. Justice b. Fraternity c. Sovereign d. Socialist Which constitutional amendment lowered the voting age from 21 to 18? A. 42nd Amendment B. 44th Amendment C. 61st Amendment D. 73rd Amendment The promulgation of Regulating Act of 1773 established the Supreme Court of Judicature at a. Calcutta b. Bombay c. Madras d. Bihar Which among the following does not constitute the qualification for appointment of judges to Supreme Court? a. He should be a citizen of India. b. He should have been a judge of a High Court (or high courts in succession) for five years; or c. He should have been an advocate of a High Court (or High Courts in succession) for ten years; or d. He should have completed 30 years of age. The Indian Constitution is structured into various Parts, each dealing with a specific aspect of the country’s legal, administrative, or governmental framework. How many Parts are there in Indian Constitution? a.22 b.23 c.25 d.24 Fundamental Duty to provide opportunities for education to his child