Polity Revision Notes PDF

Overview Timeline Milestones The transfer of authority from the East India Company to the British Crown marks the beginning 1858 of formal governance in India. 1909 The Morley-Minto Reforms introduce initial elements of Indian representation in governance. 1932...

Overview Timeline Milestones The transfer of authority from the East India Company to the British Crown marks the beginning 1858 of formal governance in India. 1909 The Morley-Minto Reforms introduce initial elements of Indian representation in governance. 1932 The Communal Award is introduced 1935 The Government of India Act, 1935, establishes a foundation for the constitutional framework. 1946 The Cabinet Mission Plan leads to the formation of the Constituent Assembly. Dec 9, The Constituent Assembly holds its first meeting. 1946 Dec 11, Dr. Rajendra Prasad is elected as the permanent Chairman of the Assembly. 1946 Jan 22, Jawaharlal Nehru presents the Objective Resolution, outlining the goals of the Constitution. 1947 Jan The Draft Constitution is published. 1948 Nov 26, The Constituent Assembly adopts the Constitution. 1949 Jan 26, The Constitution of India officially comes into effect. 1950 Demand for Constituent Assembly Initial Proposal: M.N. Roy, a pioneer of the communist movement in India, was the first to propose the idea of a Constituent Assembly for India in 1934. Indian National Congress (INC) Demand: The INC officially demanded a Constituent Assembly to draft the Indian Constitution in 1935. Jawaharlal Nehru's Declaration: In 1938, Jawaharlal Nehru, on behalf of the INC, declared that "the Constitution of free India must be framed, without outside interference, by a Constituent Assembly elected on the basis of adult franchise." British Government Acceptance: The British Government accepted the demand in the 'August Offer' of 1940. Cripps Proposal: This proposal also emphasized setting up a Constitution-making body for India after World War II. Cabinet Mission of 1946: Rejected the idea of two Constituent Assemblies for India and Pakistan, proposing a single Constituent Assembly, which was not acceptable to the Muslim League. Composition of Constituent Assembly Establishment: The Constituent Assembly was established under the Cabinet Mission Plan of 1946.  Members: Comprised 389 members, with 296 seats allocated to British India and 93 to princely states. Seat Allocation: Seats were allotted based on population, roughly one seat per million people. Community Representation: Seats for each British province were divided among Muslims, Sikhs, and the General category in proportion to their population. Election Method: Representatives of each community were elected by members of that community in the provincial legislative assembly, while princely state representatives were nominated by the heads of the princely states. Nature: The Constituent Assembly was a partly elected and partly nominated body, with voting done by proportional representation through a single transferable vote, not directly elected by universal adult franchise. Sources of the Indian Constitution Source Features Adopted Australia Concurrent list Freedom of trade, commerce and intercourse Joint-sitting of the two Houses of Parliament Canada Federation with a strong Center 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 Irish Nomination of members to Rajya Sabha Method of election of the president Japan Procedure Established by law Soviet Fundamental duties Union Ideals of justice (social, economic and political) 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 procedure of judges of Supreme Court and High Court Post of vice-president Germany Suspension of Fundamental Rights (FR) during emergency period.  South Procedure for amendment in the Indian Constitution Africa Election of members of Rajya Sabha France Republic Ideals of liberty, equality and fraternity. Working of the Constitution Assembly Event Details Temporary Dr. Sachchidananda Sinha was elected President Permanent Dr. Rajendra Prasad was elected on December 11, 1946 President Vice-Presiden H.C. Mukherjee and V.T. Krishnamachari were elected ts Objective Submitted by Nehru on December 13, 1946, and adopted on January 22, 1947 Resolution Final Draft Introduced by Dr. B.R. Ambedkar on November 4, 1948 Introduction Constitution Adopted on November 26, 1949 Adoption Ratification of Commonwealt Occurred in May 1949 h Membership National Flag Adopted on July 22, 1947 Adoption National Anthem Adopted on January 24, 1950 Adoption National Song Adopted on January 24, 1950 Adoption Committees of Constituent Assembly The Constituent Assembly appointed 22 committees to handle various tasks in preparing the constitution. Of these, 8 were Main Committees, and the rest were Subcommittees. Committee Category Details Major Committees Union Power Committee, Union Constitution Committee Chairperson: Jawaharlal Nehru Provincial Constitution Committee, Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Chairperson: Sardar Patel Areas Fundamental Rights Sub-Committee Chairperson: J.B. Kripalani Minorities Sub-Committee Chairperson: H.C. Mukherjee North-East Frontier Tribal Areas and Assam Excluded & Chairperson: Gopinath Bardoloi Partially Excluded Areas Sub-Committee Excluded and Partially Excluded Areas (Other than those in Chairperson: A.V. Thakkar Assam) Sub-Committee Rules of Procedure Committee Chairperson: Dr. Rajendra Prasad States Committee (Committee for Negotiating with States) Chairperson: Jawaharlal Nehru Steering Committee Chairperson: Dr. Rajendra Prasad Minor Committees Committee on the Functions of the Constituent Assembly Chairperson: G.V. Mavalankar Order of Business Committee Chairperson: Dr. K.M. Munshi House Committee Chairperson: B. Pattabhi Sitaramayya Ad-hoc Committee on the National Flag Chairperson: Dr. Rajendra Prasad Special Committee to Examine the Draft Constitution Chairperson: Jawaharlal Nehru Credentials Committee Chairperson: Alladi Krishnaswamy Ayyar Finance and Staff Committee Chairperson: Dr. Rajendra Prasad Press Gallery Committee Chairperson: Usha Nath Sen Committee to Examine the Effect of Indian Independence Act of 1947 Committee on Chief Commissioners’ Provinces Chairperson: B. Pattabhi Sitaramayya Commission on Linguistic Provinces Chairperson: S.K. Dar Expert Committee on Financial Provisions Chairperson: Nalini Ranjan Sarkar Ad-hoc Committee on the Supreme Court Chairperson: S. Varadachari Ad-hoc Committee on Citizenship Chairperson: S. Varadachari Dr. B.R. Ambedkar (Chairman), Drafting Committee Gopalaswamy Ayyangar,  Alladi Krishnaswamy Ayyar, Dr. K.M. Munshi, Syed Mohammad Saadullah, Madhava Rau (replaced B.L. Mitter), T. Krishnamachari (replaced D.P. Khaitan) Schedules and Provisions Schedule Provisions Lists the states and territories of India, along with any changes to their borders and the laws used to implement these changes. 1st Schedule Amendments occur with changes in territory, state formation, or mergers. The first amendment was made by the 7th Constitutional Amendment in 1956, with the formation of Andhra Pradesh. Details the emoluments for holders of constitutional offices, including the President of India, Governors of States, Speaker and Deputy Speaker of Lok Sabha, Chairman and 2nd Deputy Chairman of Rajya Sabha, Speakers and Deputy Speakers of Legislative Schedule Assemblies, Chairman and Deputy Chairmen of Legislative Councils, Supreme Court Judges, High Court Judges, and the Comptroller & Auditor General of India (CAG). Lists the forms of oath and affirmation for various constitutional offices, including Union Ministers, Parliament election candidates, Members of Parliament (MPs), Supreme 3rd Schedule Court Judges, Comptroller and Auditor General, State Ministers, State Legislature election candidates, State Legislature members, and High Court Judges. Allocates Rajya Sabha seats to States and Union Territories. The Rajya Sabha has a maximum of 250 members, with 12 nominated by the President 4th Schedule and 238 representing States and Union Territories. Currently, it has 245 members: 233 from States and UTs of Delhi and Puducherry, and 12 nominated by the President. Enumerates the administration and control of Scheduled Areas and Scheduled Tribes, 5th which require special protection due to disadvantageous conditions. Schedule Scheduled Areas are autonomous regions within a state, while Scheduled Tribes are socio-economically disadvantaged indigenous groups. Contains provisions for the administration of tribal areas in Assam, Meghalaya, Tripura, 6th Schedule and Mizoram, allowing the formation of Autonomous District Councils to protect tribal rights, as specified in Articles 244(2) and 275(1) of the Constitution. Addresses the division of powers between the Union and the States, distributing 7th legislative powers into three lists: Union List (List I), State List (List II), and Concurrent Schedule List (List III), as per Article 246 of the Indian Constitution. Official Languages recognized by the Constitution originally 14 and now 22 languages 71st CAA 1992 – Konkani, Manipuri ,Nepali. 8th Schedule 92nd CAA 2003– Bodo, Dongri, Mythili, Santhali. 96th CAA 2011 – Odia.  Covers state laws and regulations related to land reforms and the abolition of the zamindari system. Introduced by the 1st Amendment Act of 1951 to protect legislation from judicial scrutiny 9th Schedule based on fundamental rights. Post-April 24, 1973, laws in this schedule are subject to judicial review, as per a 2007 Supreme Court ruling. Introduces the anti-defection law through the 52nd Constitutional Amendment Act of 10th 1985, preventing MPs and state legislators from defecting to other political parties for Schedule personal gain. It was refined by the 91st Constitutional Amendment Act of 2003. Specifies the powers, authority, and responsibilities of Panchayats to function as local 11th governments, added by the 73rd Amendment Act of 1992. State legislatures are Schedule required to grant Panchayats these powers and responsibilities. Defines the powers, authority, and responsibilities of Municipalities to function as local 12th governments, added by the 74th Amendment Act of 1992. According to Article 243W, Schedule Municipalities must be empowered to function as effective institutions of self-government. Preamble The American constitution was the first to begin with a preamble. A preamble is an introductory and expressionary statement in a document that explains the document’s purpose and underlying philosophy. Some statements by eminent personalities regarding the preamble of the Indian constitution 1. ‘Identity card of the constitution’- NA Palkhivala 2. ‘The preamble to our constitution expresses what we had thought or dreamt so long’- Sir Alladi Krishnaswamy Iyer 3. ‘The horoscope of our constitution’- Dr KM Munshi 4. ‘It is the soul of the constitution. It is a key to the constitution. It is a jewel set in the constitution. It is a proper yardstick with which one can measure the worth of the constitution’- Pandit Thakur Das Bhargava 5. ‘Key-note of the constitution’- Sir Ernest Baker Four important aspects can be ascertained from the above text of the preamble 1. Source of authority of the constitution: It derives its authority from the people of India 2. Nature of Indian state: It declares India to be a sovereign, socialistic, secular democratic and republican polity 3. Objectives of the constitution: It specifies justice, liberty, equality and fraternity as the objectives 4. Date of adoption: Nov 26th, 1949 Key Terms in the Preamble of the Indian Constitution Term Explanation Sovereig India is an independent state, not a dependency or dominion of any other nation. n Membership in the Commonwealth or UN does not diminish India's sovereignty.  Added through the 42nd Amendment Act, 1976. The Constitution already had socialist provisions (e.g., Directive Principles of State Policy). Socialist Congress Party supported socialism in 1955. Democratic socialism encourages both public and private enterprises. Indian socialism is a blend of Marxist and Gandhian socialism, with a lean towards Gandhian principles. Added through the 42nd Amendment Act, 1976. The Supreme Court in 1974 acknowledged the constitution aimed to establish a secular Secular state. Evident from fundamental rights against discrimination based on religion, race, caste, etc. Based on popular sovereignty. Democra Indirect democracy: Elected representatives make decisions. tic Representative parliamentary democracy: Executive is responsible to the legislature. Encompasses political, social, and economic democracy. India is a democratic republic: Offices are open to all citizens. Republic Contrasts with the UK, where the highest office is reserved for the monarchy. Borrowed from the USSR Constitution. Encompasses social, economic, and political justice. Social justice: Equal treatment without social discrimination. Justice Economic justice: No discrimination based on economic factors. Distributive justice: Combination of social and economic justice. Political justice: Equal political rights and access to political offices. Absence of restraints on individuals' activities. Provides opportunities for individual development. Liberty Ensures liberty of thought, expression, belief, faith, and worship. Borrowed from the French Revolution. Absence of special privileges for any section of society. Provision of adequate opportunities for all without discrimination. Encompasses civic, Equality political, and economic equality. Borrowed from the French Revolution. Various provisions of our constitution give effect to this principle. Borrowed from the French Revolution. Sense of brotherhood. Fraternit Ensures dignity of the individual and unity and integrity of the nation (integrity added in y 1976). Promoted through single citizenship and Fundamental Duties. Dr. K.M. Munshi's view on the dignity of the individual in the constitution. Preambl Reflects the ideals of the Objectives Resolution of 1946. e as the Important for legal interpretation of the constitution. Philosop Not enforceable in court but guides the constitution's aims and objectives. hical Key Initially, the Supreme Court (Berubari Union Case, 1960) opined it was not part of the Preambl constitution. e as Part Reversed in Keshavananda Bharati case (1973) and further clarified in LIC of India case of the (1995).  Constitut Not a source of power or a prohibition upon the legislature. ion Non-justiciable: Its provisions are not enforceable in courts. Preambl Keshavananda Bharati case: Fundamental features of the constitution in the preamble e and its cannot be altered. Amenda Amended once: 42nd Amendment Act, 1976 added "Socialist," "Secular," and "Integrity." bility Union and its Territory Part-I of the Constitution Article 1: Declares Bharat (India) as a 'Union of States' rather than a federation formed by an agreement between states. The territory of India is classified into three categories: 1. Territories of the states 2. Union Territories (UTs) 3. Territories acquired by the Government of India Article 2: Grants the power to admit new states that already exist. Provides the authority to establish new states that did not exist before. Article 3: Authorizes Parliament to reorganize the internal boundaries of the states within the Union of India. A bill for this purpose: Must be introduced with the recommendation of the President. Must be referred to the legislature of the concerned state for its opinion. Laws made under this article are not considered constitutional amendments. Territory cession cannot occur under Article 3; it requires a constitutional amendment. The 100th Constitutional Amendment Act facilitated the cession of certain enclaves to Bangladesh. Year New States Created 1960 Maharashtra, Gujarat (from Bombay) 1963 Nagaland 1966 Haryana, Chandigarh, Himachal Pradesh (from Punjab Province) 1972 Manipur, Tripura, Meghalaya 1975 Sikkim (36th Constitutional Amendment Act) 1987 Mizoram, Arunachal Pradesh, Goa 2000 Chhattisgarh, Uttarakhand, Jharkhand 2014 Telangana  Event/Committee Details Hyderabad Integrated through police action Junagarh Integrated through a referendum Kashmir Integrated via the Instrument of Accession Dhar Commission Recommended reorganization of states based on administrative convenience (1948) rather than linguistic factors JVP Committee Formally rejected language as the basis for reorganization of states (1948) Fazl Ali Broadly accepted language as the basis for reorganization of states; rejected the Commission theory of 'one language–one state' (1955) States Reorganisation Abolished the four-fold classification of states and led to the formation of 14 Act 1956 and 7th states and 6 Union Territories Constitutional Amendment Act First Linguistic Andhra state was created in 1953, marking the first linguistic state in India State Citizenship Single Citizenship: The Constitution of India provides for single citizenship for all its citizens. Who are Citizens at the Time of Commencement of the Constitution? Domicile in India: A person domiciled in India, who was either born in India or has at least one Indian parent, or has been a resident in India for five years (Article 5). People from Pakistan: Individuals who migrated from Pakistan to India (Article 6). Returnees from Pakistan: Individuals who initially migrated to Pakistan but returned to India before the commencement of the Constitution (Article 7). Persons of Indian Origin Residing Outside India: Those living abroad but registered as citizens of India (Article 8). Ways to Acquire Citizenship under the Citizenship Act, 1955: Birth, Descent, Registration, Naturalization, and Incorporation of a new territory Loss of Citizenship: Renunciation: Voluntary giving up of citizenship. Termination: Automatic loss of citizenship under certain conditions. Deprivation: Citizenship is taken away by the government in certain cases. Citizenship Amendment Act, 2019: Eligibility: Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, and Pakistan who entered India on or before December 31, 2014.  These individuals will not be considered illegal migrants. They are eligible to acquire Indian citizenship. They can obtain citizenship after six years of residence in India instead of the usual twelve years, even if they lack proper documentation. The requirement of eleven years of residence is relaxed to five years for persons belonging to these religions and three countries. Fundamental Rights Fundamental Rights is defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution are guaranteed by the constitution to all persons without any discrimination. They are enforceable by the courts, subject to specific restrictions. The sanction behind these FRs is for promoting the ideal of political democracy. The concept of fundamental rights first came into being in Magna Carta in England in 1215. Fundamental Rights in Indian constitution is inspired by the ‘Bill of Rights’ (Fundamental Rights) included in the constitution of the USA This section of the constitution is also called as Magna Carta of India The FRs operates as limitations on the tyranny of the executive and arbitrary laws of the legislature. Originally, the constitution provided for 7 FRs. However, the Right to property was deleted by the 44th amendment act, 1978. Characteristic features of fundamental rights 1. Some FRs are available only to citizens: Article 15, 16, 19, 29 and 30 2. Fundamental Rights are not absolute but qualified. Reasonable restrictions can be imposed on FRs. The reasonability of such restrictions is decided by the SC. 3. These rights strike a balance between the rights of the individual and those of the society as a whole, between individual liberty and social control 4. Most rights are available against the actions of the state but some are available against the actions of the private individuals too 5. Some FRs are negative in character while others are positive. Negative FRs entail limitations on the government, while positive FRs imposes an obligation on the government to take measures. 6. FRs are justiciable in nature 7. FRs are defended and guaranteed by the constitution. Hence, an aggrieved party can approach the SC for any violation directly rather than by the way of appeal 8. Parliament can amend the provisions of the FRs by the way of a constitutional amendment act so long as they do not violate the basic structure of the Indian constitution 9. FRs can be suspended during the operation of a National Emergency except the rights guaranteed by Article 20 and 21. Additionally, FRs under Article 19 can be suspended only during the operation of emergency declared on the grounds of war or external aggression 10. The scope of FRs is limited by Article 31A, 31B and 31C. 11. Parliament can restrict or abrogate the application of FR in the case of armed forces, paramilitary forces, police forces, intelligence agencies and analogous services. 12. FR can be restricted while martial law is in force. 13. Only Parliament can make a law for the enforcement of the FR. Definition of state (Article 12)  Executive and legislative organs of the union. Executive and legislative organs of the state. All local bodies. All statutory and non-statutory authorities. Private body or agency working as an instrument of state can fall within the meaning of the state. Article 13: judicial review provision What constitutes law under article 13? Permanent laws enacted by Parliament or state legislatures Temporary laws like ordinances Statutory instruments in the nature of delegated legislation Non-legislative sources of law Even constitutional amendment act can be challenged (Keshavananda Bharati case) Right to Equality Explanation "Equality before law" (British version) and "Equal protection of laws" (American Constitution). Article 14 Permits reasonable classification of persons, objects, and transactions by the law but it should not be arbitrary. Note: In India, the Constitution is the source of individual rights. President and governor are not answerable to the court for their official acts. No criminal proceedings shall be instituted or continued against the President or the governor in any court during their term of office. Exceptions No process for the arrest or imprisonment of the President or governor. to Equality Civil proceeding on personal acts only after two months' notice. (Article 14) No liability for true reporting in newspapers. No member of Parliament shall be liable for anything said or voted. Article 31C: Foreign sovereigns enjoy immunity; this includes even the UNO. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth: No citizen of India shall be discriminated against on the basis of religion, race, caste, sex, or place of birth. Article 15 Uses keywords "discrimination" and "only." Grounds mentioned: religion, race, caste, sex, or place of birth Second provision applicable to private individuals and legal persons. Special provisions for women and children. Exceptions Advancement of socially and educationally backward classes of citizens or for SC and ST. to Article 15 Provision for education in aided and unaided institutions. Equality of opportunity in public employment: Article 16 Addition of two more grounds: descent or residence. Parliament can prescribe residence as a condition for certain employment. States can Exceptions provide reservation for any backward classes if they are inadequately represented. to Article 16 Religious denomination exception. Abolition of untouchability: Protection of Civil Rights Act, 1955 Article 17 Term "untouchability" is not defined in the Constitution. Applicable even against private individuals.  Abolition of titles: State cannot confer titles except for military or academic distinctions. Prohibits Indian citizens from accepting titles from foreign countries. Foreigners holding Article 18 office of profit must take consent of the President. No gifts for foreigners without the President's approval. Right to freedom Explanation Article It has six rights within it 19 Right to hold property was deleted by the 44th amendment act of 1978 These rights are not applicable to aliens, legal corporation They are not available against private individuals Reasonable restrictions can be imposed on enjoyment of these rights Restrictions should be based on the grounds mentioned in article 19 and not on any other grounds Freedom of speech and expression 1. Includes freedom of commercial advertisements 2. Right against bundh called by a political party 3. Freedom of silence 4. It does not include right to strike Reasonable restrictions 1. Sovereignty and integrity of India 2. Security of the state 3. Friendly relations with foreign states 4. Public order 5. Decency or morality 6. Contempt of court 7. Defamation and 8. Incitement to an offense Freedom of assembly Can be exercised only on public land Assembly must be peaceful and unarmed Reasonable restriction: sovereignty and integrity of India and public order Freedom of association Right to obtain recognition of the association is not a fundamental right Right to strike is not a constitutional right can be regulated by appropriate law Reasonable restriction: interest of general public and protection of interests of any scheduled tribes Article 19 does not deal with movement outside the country Freedom of residence is complementary to the above right Freedom of profession Article Protection in respect of conviction for offenses 20 Grants protection against arbitrary and excessive punishment to an accused person Applicable to almost everyone 1. No ex-post facto law (not on civil or tax laws or even on criminal trials, preventive detention cases) 2. No double jeopardy (not available in proceedings before departmental or administrative authorities) 3. No self-incrimination (not applicable to civil proceedings) Article Protection of life and personal liberty 21: “procedure established by law” Gopalan case: not available against arbitrary legislative action Maneka Gandhi case: wider interpretation of article 21 (just, fair and reasonable) The rights include the right to livelihood, right to privacy, right to shelter, right to health, right to free education up to 14 years of age, right to free legal aid, right against solitary confinement, right to a speedy trial, right against handcuffing, right against inhuman treatment, right against delayed execution, right to travel abroad, right against bonded labor, right against custodial harassment, right to emergency medical aid, right to timely medical treatment in a government hospital, right not to be driven out of a state, right to a fair trial, right of prisoner to have necessities of life, right of women to be treated with decency and dignity, right against public hanging, right to hearing, right to information, right to reputation, right of appeal from a judgment of conviction, right to social security and protection of the family, right to social and economic justice and empowerment, right against bar fetters, right to appropriate life insurance policy, right to sleep, right to freedom from noise pollution, right to electricity, and right to privacy. Article 21A: Right to education Free and compulsory education to all children in the age group of 6-14 years Added by 86th constitutional amendment act Article Protection against arrest and detention 22 Two types of detention: punitive and preventive First part of article 22 1. Right to be informed on the grounds of arrest 2. Right to consult and be defended by a legal practitioner 3. Right to be produced before a magistrate within 24 hours 4. Right to be released after 24 hours unless the magistrate authorizes further detention These are applicable to those acts which are of a criminal or quasi-criminal nature These safeguards are not available to a person detained under preventive detention law and also to an alien. Preventive detention provisions are applicable to both citizens as well as aliens 1. Detention of a person cannot exceed three months unless an advisory board recommends the same (the board is to consist of judges of a high court) 2. The Grounds of detention should be communicated to Detenu. However, facts considered important may not be communicated 3. Opportunity for representation should be provided. Right against exploitation Right against Explanation exploitation Article 23 Prohibition of traffic in Human beings and Forced Labour Protection against private actions as well Compulsion arising from economic reasons are also included Exception: compulsory military service Article 24 Prohibition of employment of children in factories etc Does not prohibit employment in harmless activities Commission for Protection of Child rights act, 2005 was enacted to provide for a national commission and state commission for child rights Right to freedom of religion Right to Explanation freedom of religion Article 25 Freedom of conscience and free profession, practice and propagation of religion No forcible conversions allowed Available to both citizens and non-citizens Covers both rituals and practices It guarantees rights of individuals State can regulate these religious institutions State can provide for social welfare and reform Article 26 Freedom to manage religious affairs To establish institutions To manage its religious affairs To own property To administer such property It guarantees rights of religious denominations These are not subject to other provisions relating to FR Religious denomination Group of people with common belief Common organization Distinctive name Article 27 Freedom of taxation for promotion of a religion It prohibits levy of a tax and not fee Article 28 Freedom from attending religious instruction Institution wholly setup by use of state funds: prohibited Institution administered by state but established by a trust: allowed Institutions recognized by a state: voluntary basis  Institution receiving aid from state: voluntary basis Cultural and Explanation educational rights Article 29 Right to conserve distinct language, script or culture of its own No discrimination can be made on the basis of language in educational institutions This is applicable to not just to minorities It provides protection to both religious and linguistic minorities Article 30 To administer educational institutions Applicable to both religious and linguistic minorities Here, protection is confined only to minorities Article 32: Right to constitutional remedies Most important part of the Fundamental Rights Parliament can empower any other court to issue directions, orders and writs of all kinds President can suspend the enforcement of Fundamental rights during a national emergency (article 359) Article 32 can be invoked in only those cases where there is violation of FR Writs Before 1950, only the high courts of Bombay, Madras and Calcutta could issue writs. Idea borrowed from British Writ jurisdiction of Supreme Court is narrower Territorial jurisdiction of SC is much greater than HC SC is the defender and guarantor of fundamental rights Quo-Warranto Prohibition To adjudicate the legality of a claim of a It means ‘to forbid’ person to public office Issued by a higher court to a lower court It can be issued against public office of To prevent exceeding jurisdiction substantive character Only against judicial and quasi-judicial bodies Cannot be issued against ministerial or Not available against administrative authorities, private office legislative bodies and private individuals or Any interested person can seek the bodies application of this Article 33 empowers the Parliament to Certiorari restrict or abrogate the fundamental Much like above but it is curative as well rights of the members of the armed Available against administrative authorities as forces, paramilitary forces, police forces, well intelligence agencies and analogous forces.  Objective behind this article is to ensure proper discharge of their duties and maintenance of discipline among them Power to make laws under this is conferred only to Parliament Habeas Corpus Mandamus Tool of individual liberty against arbitrary Demanding a public official to perform a duty detention which he has failed to perform Can be issued against both public and Can be issued against an inferior court also private individuals Cannot be issued against a private individual or The writ cannot be issued in following body;To enforce departmental instruction that cases: does not possess statutory force; when the duty 1. Detention is lawful is discretionary; to enforce a contractual 2. Proceedings is for contempt of legislature obligation; against President of governor; or court against CJI of a high court acting in judicial 3. Detention is by a competent court capacity 4. Detention is outside court jurisdiction Note - A law made under this excludes the court martials from the writ jurisdiction of the Supreme Court and the high courts, so far as the enforcement of FRs is concerned. Martial law and FR Article 34 provides for the restrictions on FRs while martial law is in force in any area within the territory of India Parliament is authorized to indemnify any government servant for restoration of law and order whilst martial law is in force even if those actions were violative of FRs The concept of Martial law has been borrowed from British Despite its mention, the term ‘martial law’ has not been defined in the constitution There are no grounds mentioned for the imposition of Martial law During the operation of martial law, the military authorities are vested with abnormal powers to take all necessary steps. However, the SC held Habeas Corpus is not suspended when martial law is in force Difference between Martial law and National Emergency Aspect Martial Law National Emergency Effect on Affects FR, center-state relations, Fundamental Affects only FR etc. Rights (FR) Government and Suspends government and ordinary law Continues their existence Courts courts Imposed due to war, external Purpose Imposed to restore law and order aggression, or armed rebellion  Imposed in some specific areas of the Imposed in some or whole of the Imposition Area country country Constitutional No specific provision in the constitution Specific and detailed provision Provision Exceptions to FR Article 31A, 31B and 31C Article 31A: Saving of laws providing for acquisition of estates etc It saves five categories of laws from being challenges and invalidated on the ground of contravention of article 14 and article 19 1. Acquisition of states and related rights by the state 2. Taking over the management of properties by the state 3. Amalgamation of corporations 4. Extinguishment or modification of rights of directors or shareholders of corporations and 5. Extinguishment or modification of mining leases Directive Principles of State Policy Directive Principles of State Policy are in the form of instructions/guidelines to the governments at the center as well as states. Though these principles are non-justiciable, they are fundamental in the governance of the country. Quotes: ‘No ministry responsible to the people can afford light-heartedly to ignore the provisions in Part IV of the constitution’: Sir Alladi Krishnaswamy Ayyar ‘DPSP are life-giving provisions of the constitution’- LM Singhvi ‘DPSP are aimed at furthering the goals of the social revolution or to foster the revolution by establishing the conditions necessary for its achievements’- Granville Austin ‘DPSP are moral precepts for the authorities of the state’- Sir BN Rau Features Borrowed from Ireland – Irish constitution Part IV of the Constitution of India (Article 36–51) Enshrines Socio-economic democracy They are an ‘instrument of instructions’ which are enumerated in the Government of India Act, 1935. Not legally enforceable by the courts for their violation The concept behind the DPSP is to create a ‘Welfare State’. Sapru Report: 1945 which gave us both Fundamental Rights (justiciable) and DPSP(s) (non-justiciable). The Indian Constitution under Article 37 makes it clear that ‘DPSPs are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.’ They were made non-justifiable considering that the State may not have enough resources to implement all of them or it may even come up with some better and progressive laws. It consists of all the ideals which the State should follow and keep in mind while formulating policies and enacting laws for the country. Directive Principles are not classified in constitution as per their underlying philosophies. However, they can be classified into – socialistic, Gandhian and liberal-intellectual. Socialist Principles Article 38: Promote the welfare of society by securing a social order permeated by justice. Article 39: Right of adequate means of livelihood. Equitable distribution of material resources of the community for the common good. Prevention of concentration of wealth and means of production. Equal pay for equal work for men and women. Preservation of health and strength of workers and children against forcible abuse. Opportunities for healthy development of the child. Article 39A: Promote equal justice and provide free legal aid to the poor. Article 41: Secure the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement. Article 42: Make provisions for just and humane conditions for work and maternity relief. Article 43: Secure a living wage, a decent standard of life, and social and cultural opportunities for all workers. Article 43A: Steps to secure the participation of workers in the management of industries. Article 47: Raise the level of nutrition and the standard of living of people and improve public health. Gandhian Principles Article 40: Organize village panchayats and endow them with necessary powers. Article 43: Promote cottage industries on an individual and cooperative basis. Article 43B: Promote the functioning of cooperative societies. Article 46: Promote educational and economic interests of SCs, STs, and other weaker sections. Article 47: Prohibit the consumption of intoxicating drinks and drugs. Article 48: Prohibit the slaughter of cows, calves, and other milch and draught cattle and improve their breeds. Liberal-Intellectual Principles Article 44: Secure a uniform civil code for all. Article 45: Provide early childhood care until 6 years of age. Article 48: Organize agriculture and animal husbandry on modern scientific lines. Article 48A: Protect and improve the environment and safeguard forests and wildlife. Article 49: Protect monuments, places, and objects of artistic or historic interest. Article 50: Separate the judiciary from the executive. Article 51: Promote international peace and security. Constitutional Amendments 42nd Constitutional Amendment, 1976 Article 39: To secure opportunities for the healthy development of children. Article 39A: To provide free legal aid to the poor. Article 43A: Participation of workers in the management of industries. Article 48A: To protect and improve the environment. 44th Constitutional Amendment, 1978 Article 38: To minimize inequalities in income, status, facilities, and opportunities. 86th Amendment Act of 2002  Changed the subject matter and made elementary education a fundamental right under Article 21A. Directed the state to provide early childhood care until the completion of six years. 97th Amendment Act of 2011 Article 43B: Promotion of cooperative societies. Directive Outside Part IV: Article 335 (Part XVI): The claims of members of Scheduled Castes (SCs) and Scheduled Tribes (STs) shall be taken into consideration for public employment without compromising the efficiency of administration. Article 350A (Part XVII): It mandates the provision of instruction in the mother tongue at the primary level of education. Article 351 (Part XVII): Directs the promotion and development of the Hindi language. Conflict Between FR and DPSP Nature of Conflict: Fundamental Rights are justiciable, meaning they can be enforced in a court of law, whereas Directive Principles of State Policy are not. Supreme Court's Jurisprudence 1. Champakam Dorairajan Case (1951): Ruling: Fundamental Rights would prevail over the DPSP in case of conflict. Implication: Legislature can amend Fundamental Rights to give effect to DPSP. 2. Golaknath Case (1967): Ruling: Fundamental Rights are sacrosanct and cannot be amended for implementing DPSP. 3. Keshavananda Bharati Case (1973): Ruling: Article 31C, providing blanket immunity for laws giving effect to DPSP, was deemed null and void. Implication: Asserted the Basic Structure Doctrine, protecting the basic features of the Constitution from being altered. 4. Minerva Mills Case (1980): Ruling: The Constitution is founded on a balance between Fundamental Rights and DPSP. Implication: Reiterated that any law violating the basic structure of the Constitution would be invalid. Note Supremacy of Fundamental Rights: Fundamental Rights enjoy supremacy over the Directive Principles of State Policy Amendments of the Constitution Part XX of the Constitution: Inspiration: The amendment process is inspired by the South African Parliament's ability to amend its constitution.  Basic Structure Doctrine: Provisions forming the basic structure of the Constitution cannot be amended, as established by the Keshavananda Bharati case in 1976. Article 368: Outlines the procedure and power to amend the Constitution. Bill Introduction: Can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha), but not in state legislatures. Initiators: A minister or a private member can introduce the bill. President's Permission: No prior permission from the President is required. Bill Passage: Must be passed by each House of Parliament separately with a special majority. Special Majority: Requires a majority of 2/3rd of the members present and voting, and more than 50% of the total strength of the House. Federal Provisions: Amendments affecting federal provisions must be ratified by at least half of the state legislative assemblies with a simple majority. Presidential Assent: The President must give assent to the bill. Types of Amendments and Procedures: Type Procedure Simple Majority of the members present and vote. These amendments are considered outside Majority Article 368. Special Majority of 2/3rd members present and voting, and more than 50% of the total strength Majority of the House. (Type-I) Special Special majority of Parliament and consent of half of the state legislative assemblies Majority with a simple majority. (Type-II) Constitutional Amendments by Simple Majority: Creation of New States: Article 3 Admission of New States: Article 2 Schedules: Second, fifth, and sixth Judiciary: Number of judges, powers of the Supreme Court Legislature: Quorum, language, privileges, rules of procedure, salaries and emoluments of MPs, elections, delimitation, abolition or creation of legislative councils, etc. Union Territories: Creation of legislature and elected executive Citizenship: Acquisition and termination Constitutional Amendments by Special Majority: Provisions Not Amendable by Other Means: Such as Fundamental Rights (FRs) and Directive Principles of State Policy (DPSPs) Special Majority of Parliament and Consent of States: Election of President, Extent of Executive and Legislative Powers of the Union and States, Seventh Schedule, Supreme Court and High Courts, Representation of States in Parliament and Amendment of Article 368. Women's Reservation Bill In News- The Government of India introduced the 128th Constitutional Amendment Bill 2023, also known as the Nari Shakti Vandan Bill. Key Highlights of the Bill 1. Reservation: Provides 1/3rd reservation for women in: Lok Sabha (by inserting Article 330A) State Assemblies (by inserting Article 332A) Assembly of NCT of Delhi (through amendment to Article 239AA) Extends reservation to seats reserved for SCs and STs in Lok Sabha and State Assemblies. 2. Duration of Reservation: The reservation is set for 15 years from the commencement of the Act, with provisions for Parliament to extend it further. 3. Enforcement of Reservation: The reservation will come into effect after the completion of the delimitation exercise based on the first Census conducted after the Bill's passage. 4. Rotation of Seats: Reserved seats will rotate after each subsequent delimitation exercise. Jan Vishwas (Amendment of Provisions) Act, 2023 In News The Central government has issued a notification to implement the amendments to the Press and Registration of Books Act, 1867. The recent Jan Vishwas (Amendment of Provisions) Act, 2023, has replaced or amended several sections of the Press & Registration of Books Act, 1867. Amendments: 1. Regulation of Newspapers (Section 12): Previously, the Press Registrar had no direct role in regulating irregular or defunct newspapers. New provisions now allow the Press Registrar to suspend or cancel certificates of registration for reasons such as irregularity, cessation of publication, failure to submit an annual statement, or providing false statements. The Press Registrar can impose a penalty of up to ₹10,000. 2. Jurisdiction under PRAB: Under Section 8C, the jurisdiction of the Press and Registration Appellate Board (PRAB) was limited to orders from the District Magistrate. It now also includes orders from the Press Registrar concerning the imposition of penalties, and the suspension or cancellation of registrations. Basic structure Evolution of doctrine of basic structure Case Details  The Supreme Court opined that the power of Parliament to amend the Constitution under Article 368 includes the power to amend Fundamental Shankari Prasad Rights. Case The judgment was based on the logic that the term ‘law’ in Article 13 refers only to ordinary laws, not constitutional amendment acts. The Supreme Court overruled its previous judgment, ruling that Fundamental Rights are given a transcendental and immutable position, and Parliament cannot abridge or take away these rights. It stated that a constitutional amendment act is also a law under Article 13. Golaknath Case Parliament responded by enacting the 24th Amendment Act, which included a provision in Article 368 declaring that Parliament has the power to take away any of the fundamental rights. The Supreme Court overruled its judgment in the Golaknath case, upholding Keshavananda the validity of the 24th Amendment Act and opining that Parliament is Bharati Case empowered to take away or abridge any of the Fundamental Rights, provided such changes do not alter the ‘basic structure’ of the Constitution. 42nd Constitutional Amended Article 368 to state that there is no limitation on the constituent power Amendment Act of Parliament and that any amendment cannot be questioned in any court on (1976) any ground. The Supreme Court invalidated the provision from the 42nd Amendment Act that barred courts from questioning constitutional amendments, stating that Minerva Mills Case Parliament cannot take away the power of ‘judicial review’ as it is part of the ‘basic structure’ of the Constitution. The Supreme Court clarified that the basic structure doctrine applies to Waman Rao Case constitutional amendments enacted after April 24, 1973 (Kesavananda Bharati (1981) case), including those in the 9th schedule. Elements Of Basic structure: The doctrine of basic structure though is not exactly defined but through its contents which have been provided by the judicature clarifies a scope defining the frame or the structure of the constitution. From time-to-time basic structure is enhanced with some new contents and hence the Supreme Court is yet to define the exact basic structure of the constitution. Supremacy of the constitution; Rule of law ;Sovereignty, liberty and republic nature of Indian polity ; Judicial review ;Harmony and Balance between fundamental rights and directive principles ; Separation of power ; Federal character ; Parliamentary system ; Rule of equality ; Unity and integrity of the nation ; Free and fair elections; Powers of SC under Article 32,136,142,147; Power of HC under Article 226 and 227; Limited power of parliament to amend the constitution; Welfare state;Freedom and dignity of an individual. Federal System Inspiration: Modeled after the Canadian system. Federalism: Involves the sharing of power between the central government and the states. Term: The term "Federation" is not explicitly mentioned in the Constitution. Federal Government in India: Quasi-Federalism: A blend of unitary and federal elements. Federal Features: Dual Polity: Two levels of government (center and states). Written Constitution: A formal document outlining the structure and powers of government. Division of Powers: Distribution of powers between the center and states (Union List - 97, State List - 61, Concurrent List - 52). Constitutional Supremacy: The Constitution is the supreme law. Rigid Constitution: Difficult to amend certain provisions. Independent Judiciary: Courts are independent of the executive and legislative branches. Bicameralism: Two houses of Parliament (Lok Sabha and Rajya Sabha). Unitary Features: Strong Center: Central government holds more powers and has overriding authority over state legislation. Indestructible Union: States can be reorganized, but the Union remains intact. Single Constitution: One constitution for both the centre and states. Flexibility: Some flexibility in the constitutional framework. No Equal Representation: States do not have equal representation in the Rajya Sabha. Emergency Provisions: The centre can override state powers during emergencies. Common Institutions: Common Comptroller and Auditor General (CAG), Parliament's authority over state lists in certain circumstances (e.g., international agreements). Governor's Appointment: The central government appoints state governors. All India Services: Central services that operate across both the centre and states. Integrated Judiciary: Unified judicial system. Absolute Veto: The President has veto power over state bills. Comments: Granville Austin: Describes India as a cooperative federation. Morris Jones: Views it as a bargaining federation. Paul Appleby: Considers it extremely centralized. Ivor Jennings: Sees it as a federation with strong centralizing tendencies. Dr. B.R. Ambedkar: Recognizes it as a mix of unitary and federal elements, adaptable to changing times. K.C. Wheare: Describes it as quasi-federal. Santhana: Points out the increased role of central planning in strengthening the center. Fundamental Duties Introduction: The Fundamental Duties were added to the Indian Constitution by the 42nd Amendment in 1976. Origin: No Duties of the Citizen were incorporated in the original Constitution of India at the time of its commencement in 1950. Recommendations: Added upon the recommendations of the Swaran Singh Committee constituted by the government in 1976.  Purpose: The Fundamental Duties embody some of the highest ideals preached by great saints, philosophers, social reformers, and political leaders of India. They aim to regulate the behavior of citizens and promote excellence in all spheres. Importance High Ideals: Reflect the noble values and ethics promoted by India's cultural and historical leaders. Behavior Regulation: Encourage citizens to adhere to a set of moral and civic duties. Excellence: Aim to bring about excellence in the conduct and actions of citizens in various spheres of life. The idea of this section was borrowed from USSR constitution Enumerated in Part IV(A) and consists of single Art. 51 Fundamental duties like DPSP are non-justiciable. Added by 42nd CAA 1976, on recommendations of Swaran Singh committee (Committee recommended only Eight Duties, amendment added ten duties) In addition, one more duty added by 86th CAA 2002 – 51A(k) = Total 11 duties. The Japanese constitution is one of the other democratic nations which have a provision dealing with the duties of its citizens. FD applies only to citizens and not to Foreigners. List of Fundamental Duties 1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem. 2. To cherish and follow the noble ideals which inspired our national struggle for freedom. 3. To uphold and protect the sovereignty, unity and integrity of India. 4. To defend the country and render national service when called upon to do so. 5. To promote harmony and the spirit of common brotherhood amongst all people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women. 6. To value and preserve the rich heritage of our composite culture. 7. To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures. 8. To develop the scientific temper, humanism and the spirit of inquiry and reform. 9. To safeguard public property and to abjure violence. 10. To strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavor and achievement. 11. Subsequently, another duty was added by the 86th Constitutional Amendment Act of 2002: for a parent or guardian to provide opportunities for education of the child or ward between the age of six and fourteen (It was added when under Article 21A Right to education was made a FR). Emergency Provisions India i.e. Bharat is an “own kind” federal republic. During an emergency, it possesses unitary functionality. That’s why Dr. B. R Ambedkar declared the Indian Federal structure special because throughout an emergency it becomes fully unitary. In an emergency, the mechanism becomes a unitary trait as the constitutional apparatus fails. Note  Emergency provisions are borrowed from the Govt. Of India Act 1935 Constitutional provisions: Part XVIII- Articles 352 to 360 “Suspension of Fundamental Rights during proclamation of emergency” provision borrowed from Weimer constitution (Now Russia) During emergency, central government becomes all powerful and states are in the complete control of the union The federal structure becomes unitary without a formal amendment to the constitution. First, the President’s Rule was imposed in Punjab in 1951. In India, no Financial Emergency has been declared so far National Emergency Grounds of Declaration 1. Article 352: The President can declare a national emergency when the security of India or a part of it is threatened by war, external aggression, or armed rebellion. 2. The President can declare a national emergency even before the actual occurrence of these threats. 3. Types of Emergency: External Emergency: Declared on the grounds of ‘war’ or ‘external aggression’. Internal Emergency: Declared on the grounds of ‘armed rebellion’. Changes Introduced 1. 42nd Amendment Act: The emergency can be imposed for the whole of India or specific territories. 2. Originally included ‘internal disturbance’ as a ground, changed to ‘armed rebellion’ by the 44th Amendment Act, 1978. 3. The President can impose an emergency after receiving a written recommendation from the Cabinet (introduced by the 44th Amendment Act). 4. 44th Amendment Act: Allowed courts to examine the imposition of an emergency. Parliamentary Approval and Duration 1. Must be approved by both Houses of Parliament within one month of issuance. 2. If the Lok Sabha is not in session or has been dissolved, approval is needed within 30 days of the new Lok Sabha’s constitution. 3. Once approved, the proclamation remains in force for six months. 4. Can be extended indefinitely, with each extension approved by Parliament through a special majority (as per the 44th Amendment Act, 1978). Revocation of Proclamation 1. The emergency can be revoked by the President by issuing a subsequent proclamation. 2. The emergency must be revoked if the Lok Sabha passes a resolution with a simple majority disapproving its continuation. Suspension of Fundamental Rights 1. Article 358: When a proclamation of national emergency is made, the six fundamental rights under Article 19 are automatically suspended. No separate order for their suspension is required. 2. 44th Amendment Act of 1978: Restricted the scope of Article 358. The six fundamental rights under Article 19 will be suspended only if the national emergency is declared on the grounds of war or external aggression. These rights will not be suspended if the emergency is declared on the grounds of armed rebellion. Suspension of Other Fundamental Rights 1. Article 359: The President is authorized to suspend the right to move any court for the enforcement of fundamental rights during the national emergency. Fundamental rights are not suspended as such, but only their enforcement. 2. The suspension of enforcement relates only to those fundamental rights specified in the presidential order. President's Rule Article 355: Imposes a duty on the Centre to ensure that the government of every state is carried out in accordance with the provisions of the Constitution. The Centre takes over the administration of a state under Article 356 in case of failure of constitutional machinery in the state. Grounds of Imposition  1. Article 356: Empowers the President to issue a proclamation if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution. 2. Article 365: States that whenever a state fails to comply with or to give effect to any direction from the Centre, it will be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution. Parliamentary Approval and Duration 1. A proclamation imposing President's rule must be approved by both Houses of Parliament within two months from the date of its issue. 2. If the proclamation of President's rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided that the Rajya Sabha approves it in the meantime. Scope of Judicial Review 1. 38th Amendment Act of 1975: Made the satisfaction of the President in invoking Article 356 final and conclusive, which could not be challenged in any court on any ground. 2. 44th Amendment Act of 1978: Deleted the provision introduced by the 38th Amendment, implying that the satisfaction of the President is not beyond judicial review. Powers acquired by the President during this time He can take up the functions of the state government and powers vested in the governor or any other executive authority in the state. He can declare that the powers of the state legislature are to be exercised by the parliament He can take all other necessary steps including the suspension of the constitutional provisions relating to any body or authority in the state. During the imposition of this emergency, the council of ministers headed by the Chief Minister is dismissed, while the state legislative assembly could either be suspended or dissolved. Financial emergency Article 360 empowers the president to proclaim a financial emergency if he is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened Parliamentary approval and duration: A proclamation approving the financial emergency should be approved by the Parliament through a simple majority within two months. If the LS is not in session or has been dissolved then the proclamation continues until 30 days from the first sitting of the LS after its reconstitution, provided RS has approved it in the meantime Once approved by the parliament, the financial emergency continues indefinitely till it is revoked. Implying, there is no maximum prescribed maximum period for its operation and there is no repeated need for parliamentary approval for its continuation The President can discontinue this emergency by passing another proclamation to this effect. Such a proclamation does not require parliamentary approval. Union Executive Part V of the Constitution (Articles 52-78) Composition President, Vice President, Prime Minister and the Council of Ministers, Attorney General of India. President Qualifications Must be at least 35 years old; Must be a citizen of India; Must be qualified to be a member of the Lok Sabha; Must not hold an office of profit under any government. Election of the President Requires 50 proposers and 50 seconders. Elected indirectly through proportional representation by a single transferable vote. Calculation for election: Total number of votes polled + 1 Number of seats + 1 Voters: Only elected Members of Parliament (MPs) Elected Members of Legislative Assemblies (MLAs) of states and Union Territories of Delhi and Puducherry Vote Value Calculation Votes of each MLA = Total Population of the state / Number of elected MLAs in the Assembly Votes of each MP = Total value of votes of all MLAs of all states / Total number of elected MPs Note The vote of an MLA is not equal to the vote of an MP. The total value of MLA votes equals the total value of MP votes. Oath: Administered by the Chief Justice of India.  Pledge to faithfully execute the office, devote to the well-being of the people, and preserve, protect, and defend the Constitution. Conditions of Office Determined by Parliament. Legal Immunity No criminal proceedings during the term of office. Civil proceedings can be initiated with two months' notice, only for personal acts. Term and Re-election Term: 5 years Eligible for re-election any number of times Impeachment Quasi-judicial procedure in Parliament Grounds: Violation of the Constitution (undefined) Requires a 2/3rd majority of the total strength of each House of Parliament independently (Lok Sabha and Rajya Sabha). Nominated members participate; MLAs do not. Requires 14 days' notice to the President The first House lays the charges with support from 1/4th of its members. The Chairman/Speaker may admit or reject the charges. The second House investigates the charges. Note Actions taken by the President before impeachment are not affected. Vacancy in the President’s office is temporarily filled by the Vice President, Chief Justice of India, or the senior-most judge of the Supreme Court, in that order (maximum period of 6 months). The newly elected President will serve a full term of 5 years. The President's resignation is submitted to the Vice President. Pardon Powers Article 72 (President) / Article 161 (Governor) Pardon Completely absolves the conviction. Commutation Changes the quality of the conviction. Remission Changes the period of the sentence, but not the nature of the conviction. Respite Grants a lesser sentence due to special circumstances. Reprieve Stays the execution of the sentence for a temporary period. Presidential The President's pardoning power over death penalties, court-martial Pardon cases, and crimes committed under Union laws (Governor does not Powers have this power). Veto Powers of the President Veto Type Details Absolute Veto Withholds assent to state bills and private member bills. The President can return a bill for reconsideration by Parliament only once. Suspensive Veto Not applicable to Money bills and Constitutional Amendment bills. Pocket Veto Takes no action on the bill (no time limit). Qualified Veto Not available to the President of India (exists for the President of the USA). The President can either approve or reject but cannot return it for Money Bill reconsideration. Constitutional No veto power over Constitutional Amendment bills (24th Amendment Act, Amendment Bills 1971). Presidential Veto The Governor, under Article 200, can reserve certain bills for the President's over State consideration. The state legislature cannot override the suspensive veto power Legislation of the President. Vice President Role: Ex officio Chairman of the Rajya Sabha (RS) and receives salary and emoluments accordingly. Qualifications: Must be at least 35 years old;Must be a citizen of India;Must be eligible to be a member of the Rajya Sabha;Must not hold an office of profit. Election: Elected by all members of Parliament (both elected and nominated). Requires 20 electors as proposers and 20 as seconders. Election is conducted through proportional representation by a single transferable vote. Oath or Affirmation: Swears to uphold the Constitution and faithfully discharge duties. Administered by the President or a person appointed by him. Term of Office: Serves for 5 years and is eligible for re-election. Vacancy in Office: No substitute is mentioned in the Constitution. In the Rajya Sabha, the Deputy Chairman performs the duties of the Chairman. Can be removed by a resolution of the Rajya Sabha with an effective majority and approval by the Lok Sabha, with 14 days' notice. Election Disputes: The Supreme Court decides all election disputes related to the President and Vice President. Emoluments: Decided by Parliament. Comparison with American Vice President: Like the Indian Vice President, the American Vice President chairs the Senate. In the USA, the Vice President assumes the President's office in case of death or illness for the remainder of the term. This is not the case in India. Prime Minister Role: Head of the government. The Council of Ministers is appointed and removed by the President on the recommendation of the Prime Minister. Government Stability: The government collapses upon the resignation of the Prime Minister. Oath: Swears allegiance to the Constitution. Commits to protecting sovereignty. Pledges to faithfully discharge duties. Promises to act justly and maintain secrecy. Salary and Allowances: Decided by Parliament (currently, the Prime Minister and Council of Ministers have the same salaries as Members of Parliament). Leadership: Leader of the house in which he is a member. Nominates the leader of the other house. Advisory Role to the President: Advises on summoning and proroguing parliamentary sessions. Recommends the dissolution of the Lok Sabha. Advises on important appointments. Council of Ministers Types: Cabinet Ministers: Attend cabinet meetings without invitation and handle important portfolios. Ministers of State (MOS): Handle smaller ministries or departments and attend cabinet meetings only by invitation. Deputy Ministers: Assist cabinet ministers and manage specific departments. Parliamentary Secretaries: Not exempt from holding an office of profit. Size of Council of Ministers: 91st Amendment Act 2003: The Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha (including the Prime Minister). Disqualification: A person disqualified from being an MP is also disqualified from being a minister. Collective Responsibility: Article 75(3) – The Council of Ministers is collectively responsible to the Lok Sabha. Individual Responsibility: A minister holds office during the pleasure of the President, but the Prime Minister recommends their removal. Article 74: The President must seek the aid and advice of the Council of Ministers. The President can send the advice for reconsideration only once. Advice rendered by the Council of Ministers cannot be questioned in any court.  Countersignature: In India, ministers do not countersign orders of the President, unlike in the UK where ministers must countersign orders of the Queen. Cabinet Mention: The term "Cabinet" is mentioned only in Article 352 (after the 44th Amendment Act). Oath and Salary: The oath and salary of ministers are similar to those of the Prime Minister. The oath is administered by the President, and ministers are appointed by the President on the advice of the Prime Minister. State Executive Governor Qualifications: Must be at least 35 years old; Must be a citizen of India. Role: Chief Executive Head of the State. Appointment: Appointed by the President by warrant under his hand and seal. Holds office for 5 years but can be removed at the pleasure of the President, providing no security of term or tenure. Not an Employment: The Governor of a state is not considered an employee of the Central Government. 7th Constitutional Amendment Act 1956: Allows a person to act as Governor for two or more states or a state and a union territory. When administering a union territory, the Governor acts as an agent of the President. As the Governor of a state, he is the Constitutional Head. Conventions: The Chief Minister of the state is consulted before the appointment of the Governor. An outsider is usually appointed as the Governor. Powers of the Governor Executive Powers: Appoints the state election commissioner. Acts as the chancellor of universities. Can impose constitutional emergency. Legislative Powers: Nominates 1/6th of the members to the State Legislative Council. Nominates 1 member of the Anglo-Indian community to the assembly (removed under the 104th Constitutional Amendment Act, 2020). Financial Powers: Lays the budget before the state legislature. Gives prior recommendation for Money Bills and Demand for Grants. Makes advances out of the Contingency Fund. Constitutes the State Finance Commission (SFC). Judicial Powers: Grants pardons, reprieves, respites, and remissions. Can commute sentences (state-specific extent). Appoints judges of the High Court, District judges, and other judicial service personnel of the state. Discretionary Powers:  Article 163: States that the Governor can act in his discretion in the exercise of his functions. Whether a matter falls within the Governor's discretion is decided by the Governor himself and cannot be questioned in a court of law. 42nd Constitutional Amendment Act, 1976: Made ministerial advice binding on the President, but no such provision exists for the Governor. The Governor enjoys constitutional discretion in the following cases: Article 200: Can reserve any bill for the consideration of the President, obligatory if the bill endangers the position of the High Court. Recommends the imposition of President's Rule. May have additional charge of an adjoining Union Territory. Can seek information from the Chief Minister. Legislature Parliament Components: Lok Sabha, Rajya Sabha, President Role: Legislative organ of the union government Model: Follows the Westminster model of government Rajya Sabha Description: Upper house, Council of States Nature: Permanent house Total Members: 250 (238 elected from states and UTs, 12 nominated by the President from fields like literature, arts, science, and social service) Current Membership: 245 members Eligibility: Must be at least 30 years old, a citizen of India, and not hold an office of profit Election System: Proportional representation by single transferable vote Seat Allocation: Based on the population of each state State Representation: Members are elected by the MLAs of the states Union Territory Representation: Elected by an electoral college specifically constituted for this purpose; currently, Delhi and Puducherry have representation Fourth Schedule: Details the allocation of seats in the Rajya Sabha to states and UTs Rotation: One-third of members retire every second year and are eligible for re-election Tenure: Six years; can be altered by Parliament through the Representation of the People Act, 1951 Presiding Officer: The Chairman, who is also the Vice President of India Special Powers of Rajya Sabha: Federal Structure: Signifies the federal nature of the government Legislative Authority: Can authorize Parliament to make laws on subjects in the state list (Article 249) All-India Services: Can create new All-India Services (Article 312) Vice President Removal: A resolution for the removal of the Vice President can be introduced only in the Rajya Sabha and must be agreed upon by the Lok Sabha (Article 67) Emergency Approval: Can approve emergency measures if the Lok Sabha is dissolved Legislation Check: Reviews and checks defective legislation made by the Lok Sabha Lok Sabha Description: House of the People, directly elected body Representation of States: Members are elected through a first-past-the-post system  Representation of UTs: Union Territories are represented as per laws enacted by Parliament (Union Territories Direct Elections to the House of the People Act, 1965) Maximum Strength: 552 members (530 from states, 20 from UTs, and 2 nominated by the President from the Anglo-Indian community; the latter was removed by the 104th Constitutional Amendment Act, 2020) Current Membership: 545 members Eligibility: Must be at least 25 years old, a citizen of India, and not hold an office of profit Term: Five years; cannot be changed by any court of law Dissolution: The President is authorized to dissolve the Lok Sabha at any time Presiding Officer: The Speaker Voter Age: 18 years (reduced from 21 to 18 by the 61st Constitutional Amendment Act) Qualifications to Contest: Eligibility: Must be a registered voter in any constituency for the Lok Sabha, at least 25 years old, and a citizen of India. SC/ST Reservation: SC/ST individuals from any part of India can contest from any reserved constituency in any state. Territorial Constituencies: Delimitation Commission: Ensures interstate and intrastate parity based on population. Adjustments: Allocation to states and constituency boundaries are readjusted after every census. 42nd Amendment: Froze adjustments until 2000. 84th Amendment: Extended the freeze until 2026. 87th Amendment: Allowed delimitation based on the 2001 census. Delimitation Exercise & Women's Reservation Bill In News? The Women's Reservation Bill was recently passed in the Lok Sabha. The bill stipulates that women's reservation will take effect only after a delimitation exercise, which will be based on the data from the first census conducted after the bill becomes law. Delimitation: Delimitation is the process of setting the limits or boundaries of territorial constituencies in a country or province that has a legislative body. In India, Article 82 mandates the readjustment of constituencies (both in number and boundaries) of the Lok Sabha and State Assemblies after every Census. Other relevant articles include Articles 81, 170, 330, and 332. The 42nd Amendment froze delimitation until the first Census after 2000. This was extended in 2001 for 25 more years, meaning delimitation could occur based on the first Census after 2026. The 2021 census exercise was postponed due to the COVID-19 pandemic. About the Delimitation Exercise: Conducted by an independent Delimitation Commission (DC) or a Boundary Commission. The DC is appointed by the President of India under the Delimitation Commission Act. Composition of the DC includes a retired Supreme Court judge, the Chief Election Commissioner of India, and the respective State Election Commissioners. The decisions made by the DC are final and cannot be challenged in any court. Special Powers of Lok Sabha: Money Bills: Can only be introduced in the Lok Sabha. Motions: Can pass no-confidence, censure, adjournment, and cut motions. Joint Sitting: Chaired by the Speaker of the Lok Sabha. Decision on Money Bills: Determined by the Speaker of the Lok Sabha. National Emergency: Can be discontinued only by the Lok Sabha. Leader of the House: Usually the Prime Minister if a member of the Lok Sabha, or any minister nominated by the Prime Minister. This is not mentioned in the Constitution but in the rules of the House. Leader of the Opposition: Criteria: Leader of the largest opposition party with at least one-tenth of the seats in the House. Recognition: Must be recognized by the Speaker in the Lok Sabha and the Chairman in the Rajya Sabha. Status: Equivalent to a Cabinet Minister. Statutory Status: Given by the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977. International Comparison: Known as the "alternative Prime Minister" in the UK (shadow cabinet) and the Minority Leader in the USA. Whip: Role: Assistant floor leader, appointed by political parties. Mention in Documents: Not mentioned in the Constitution, Rules of the House, or any Parliamentary Statute. Basis: Based on parliamentary conventions. Presiding Officers Lok Sabha Speaker Election: Elected by Lok Sabha members from among themselves. Eligibility: Must be a member of the Lok Sabha at the time of election. Election Date: Fixed by the President. Status: Equivalent to the Chief Justice of India (above Cabinet Ministers but below the Prime Minister and Deputy Prime Minister). Party Affiliation: Need not resign from the party. If they do resign, they are not disqualified under the anti-defection law. Removal: Can be removed by the House with an effective majority and 14 days' advance notice. Can participate and vote in the proceedings regarding their removal. Resignation: Submitted to the Deputy Speaker. Tenure: Continues in office even after the dissolution of the Lok Sabha until the new Lok Sabha meets. Removal Motion: Requires the support of at least 50 members to admit the motion. Lok Sabha Deputy Speaker Election: Elected by Lok Sabha members, with the election date fixed by the Speaker. Role in Committees: Automatically becomes the chairman of any parliamentary committee to which they are appointed. Removal: Similar to the Speaker, can be removed by the House. Voting: Votes like any other MP when not presiding; has a casting vote when presiding. Independence: Not subordinate to the Speaker and is directly responsible to the House.  Salary and Allowances: Charged to the Consolidated Fund of India. Resignation: Submitted to the Speaker. Panel of Chairpersons of Lok Sabha Composition: Maximum of 10 members nominated by the Speaker from among the members. Role: Presides over the House when the Speaker and Deputy Speaker are not available. Responsible to the House, not subordinate to the Speaker or Deputy Speaker. Only presides in the absence of the Speaker and Deputy Speaker, not when the positions are vacant. Speaker Pro Tem Appointment: Appointed by the President of India. Selection: Usually the senior-most member. Oath: Administered by the President. Powers: Possesses all the powers of the Speaker. Temporary Office: Exists until the new Speaker is elected. Main Duty: Administers the oath to the new members. Origin of Offices Government of India Act, 1919: Established the offices. First Office Holders: Frederick White: First Speaker. Sachidananda Sinha: First Deputy Speaker of the Central Legislative Assembly. Vittalbhai Patel: First elected Indian Speaker of the Central Legislative Assembly. G.B. Mavalankar and Anantha Sayanam Iyyengar: First Speaker and Deputy Speaker after independence. Presiding Officers of Rajya Sabha Chairman: Vice President of India Deputy Chairman: Elected from among the members of Rajya Sabha Panel of Vice Chairpersons: Nominated by the Chairman; there is no Pro Tem Chairman. Other Points: Similar to the Speaker and Deputy Speaker of Lok Sabha. Sessions of Parliament In News- The Union government recently announced a Special Session of Parliament scheduled from September 18 to 22 (2023). Article 85(1) of the Constitution states that the President shall periodically summon each House of Parliament to meet at a time and place of his choosing. However, there must not be an interval of more than six months between the last sitting of one session and the first sitting of the next session. This clause does not restrict the legislature from being summoned more frequently than stipulated. Article 85(2) provides that the President may: ○ Prorogue either House or both Houses. ○ Dissolve the House of the People. This provision is based on a clause from the Government of India Act, 1935. Regular Sessions: Typically, there are three sessions - Budget, Monsoon, and Winter. Recess: The period between two sessions when the House is not in session. Maximum Gap: The interval between two sessions cannot exceed six months. Summoning: The President summons both Rajya Sabha and Lok Sabha to meet (must meet at least twice a year).  Adjournment: Suspends the work of a sitting for a specified period (hours, days, or weeks) and is done by the presiding officer. Adjournment Sine Die: Terminates a sitting of Parliament indefinitely, done by the presiding officer. Prorogation: Terminates not just a sitting but also a session of the House, done by the President. All pending notices lapse, but not bills (in the UK, bills also lapse). Quorum: The minimum number of members required to be present for the House to conduct any business is 1/10th of the total number of members in each House, including the presiding officer. Lame-duck Session: The last session of the existing Lok Sabha after a new Lok Sabha has been elected. Dissolution: Done by the President; the Lok Sabha automatically dissolves after five years or after a no-confidence motion is passed. The Rajya Sabha is never dissolved. Dissolution of Lok Sabha and Lapse of Bills: Pending Bills in Lok Sabha: All pending bills originated and present in the Lok Sabha lapse, except those being examined by the Committee on Government Assurances. Bills in Rajya Sabha: Bills originating and pending in the Rajya Sabha or passed by both Houses and pending with the President do not lapse. Reconsideration by President: Bills sent for reconsideration by the President do not lapse. Devices of Parliamentary Proceedings Question Hour: Timing: The first hour of every parliamentary sitting. Types of Questions: Starred Questions: Require an oral answer and can have supplementary questions. Unstarred Questions: Require a written answer and do not allow supplementary questions. Short Notice Questions: Require a notice period of less than ten days and are answered orally. Zero Hour: Nature: Informal device, not mentioned in the Rules of Procedure. Timing: Starts immediately after the Question Hour and lasts until the day's agenda begins. Origin: An Indian innovation. Notice: No prior notice is required to raise issues. Motions: Discussion: No discussion on matters of general public importance can take place without a motion made with the consent of the presiding officer. Nature of Motions: Substantive Motion: A self-contained motion. Substitute Motion: A motion proposed to replace an existing motion. Subsidiary Motion: A motion intended to add to an existing motion. Types of Motion: Closure Motion: Used to cut short the debate. Types: Simple closure, closure by compartmental, kangaroo closure, guillotine closure.  Privilege Motion: Moved by a member if they believe a minister has breached the privilege of the House or its members. Calling Attention Motion: Draws attention to a matter of urgent public importance and seeks an authoritative statement from the minister. An Indian innovation mentioned in the rules of procedure. Adjournment Motion: For matters of urgent public importance that interrupt the normal business of the House. Needs support from 50 members and is allowed only in the Lok Sabha. Must be raised on a definite, factual, urgent, and specific matter of recent occurrence. Cannot deal with matters under court privilege or review. No-Confidence Motion: Against the entire council of ministers. No reason is necessary; can be introduced by any member under Article 75(3). If passed, the government must resign. Allowed only in the Lok Sabha. Censure Motion: Against an individual or group of ministers. Reasons must be stated. The council of ministers does not need to resign, but the passing of this motion can lead to a no-confidence motion. Motion of Thanks: To thank the President of India for their address to Parliament. Delivered during the first session after each general election and the first session of every fiscal year. Presents policies, programs, and performance of the government. If defeated, it indicates a loss of government support. Point of Order: Raised to interpret or enforce the rules of the House. Ensures orderly conduct in the House. No debate is allowed. Usually raised by the opposition to control the government. Invoked when the House's normal procedure is violated. Short Duration Discussions: No voting takes place; no formal motion exists in the House. Bills in the House Character Public Bills Private Bills Introduction By a Minister By a member other than a Minister Notice Period 7 days 30 days Assistance Supported by the concerned department No departmental assistance Discussion in the Can be discussed any day Discussed on alternate Fridays House Absolute Veto Does not exi