Constitution of India (COI) - BNC501/BNC601 - PDF

CONSTITUTION OF INDIA (COI) (BNC501/ BNC601) Unit 1- Introduction and Basic Information about Indian Constitution: Meaning of the constitution law and constitutionalism, Historical Background of the Constituent Assembly, Government of India Act of 1935 and Indi...

CONSTITUTION OF INDIA (COI) (BNC501/ BNC601) Unit 1- Introduction and Basic Information about Indian Constitution: Meaning of the constitution law and constitutionalism, Historical Background of the Constituent Assembly, Government of India Act of 1935 and Indian Independence Act of 1947,Enforcement of the Constitution, Indian Constitution and its Salient Features, The Preamble of the Constitution, Fundamental Rights, Fundamental Duties, Directive Principles of State Policy, Parliamentary System, Federal System, Centre-State Relations, Amendment of the Constitutional Powers and Procedure, The historical perspectives of the constitutional amendments in India, Emergency Provisions: National Emergency, President Rule, Financial Emergency, and Local Self Government – Constitutional Scheme in India.  Introduction and Basic Information about Indian Constitution Meaning of Constitution: The Constitution of India is the highest law in independent India. It is the longest written constitution of any democratic country in the world. A constitution is the main law of a country that explains how the government will work, what powers different parts of the government have, and the basic principles the society will follow. Constitutionalism: The doctrine or system of government in which governing power is constrained by enforceable laws, and power is distributed with checks and balances to ensure the protection of the fundamental rights of individuals and groups.  Historical Background of the Constituent Assembly Constituent Assembly The Constituent Assembly of India was formed in 1946 to draft the country's Constitution, based on recommendations from the Cabinet Mission. It had 389 members, representing both British India and the Princely States. The first meeting took place on December 9, 1946, with Dr. Sachchidananda Sinha as the temporary Chairman. Dr. Rajendra Prasad was later elected as the President on December 11, 1946. The Assembly worked for about three years and became India's first parliament after independence. The Constitution of India was created by the Constituent Assembly, which began its work in December 1946 and completed it in just under three years. After the partition, the Assembly had 299 members who carefully discussed each clause. The Constitution was adopted on November 26, 1949, and came into effect on January 26, 1950. November 26 is now celebrated as Constitution Day, and January 26 as Republic Day. Functions of the Constituent Assembly: 1. Framed the Constitution of India. 2. Enacted laws and participated in key decision-making processes. 3. Adopted the National Flag on July 22, 1947. 4. Elected Dr. Rajendra Prasad as India's first President on January 24, 1950. 5. Adopted the National Anthem on January 24, 1950. 6. Adopted the National Song on January 24, 1950.  Government of India Act 1935 The Government of India Act of 1935, passed by the British Parliament, was its longest act at the time. It was split into the Government of India Act and the Government of Burma Act. The act drew from sources like the Simon Commission report and the Third Round Table Conference. It ended the dyarchy system from the 1919 Act and proposed an Indian Federation of British provinces and princely states, though the federation never materialized due to lack of participation from the princely states. Salient features 1. Abolished provincial dyarchy and introduced dyarchy at the center. 2. British Parliament remained supreme. 3. Separated Burma from India. 4. Proposed an All India Federation with British India and princely states. 5. Provided strong protections for minorities.  Indian Independence Act of 1947 The Indian Independence Act, passed by the British Parliament on 18 July 1947, created two independent Dominions: India and Pakistan. British provinces joined either India or Pakistan based on their majority religion (Hindu or Muslim). The princely states were free to choose between the two. India gained independence on 15 August 1947. Salient features 1. It established two dominion states: India and Pakistan. 2. British authority over princely states ended, allowing them to join either India or Pakistan or remain independent. 3. The constituent assemblies of both states could create their own constitutions. 4. The British government no longer had control over the dominions.  Indian Constitution and its Salient Features Salient Features: 1. Written Constitution: It is a formal, written document. 2. Lengthy Document: It is one of the longest constitutions in the world. 3. Diverse Sources: It is derived from various sources. 4. Single Citizenship: All Indians are citizens of India, regardless of where they live. 5. Flexible: It can be amended more easily compared to rigid constitutions. 6. Universal Adult Franchise: Every adult citizen has the right to vote. 7. Fundamental Rights: Guarantees essential rights to all citizens.  The Preamble of the Constitution 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. Key Terms: We, the people of India: Indicates that the power lies with the people. Sovereign: India has independent authority and is not controlled by any outside power. Socialist: Aims for socialist goals through democratic means, allowing both private and public sectors. Secular: All religions receive equal respect and protection from the state. Democratic: The Constitution derives its authority from the will of the people, expressed through elections. Republic: The head of the state is elected, with the President of India serving in this role.  Fundamental Rights Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, gender, etc. There are 6 Fundamental rights which are given by the Indian constitution. 1) Right to Equality : The constitutional articles related to right to equality are mentioned in Articles 14 - 18. It guarantees equal rights for everyone, irrespective of religion, gender, caste, race or place of birth. 2) Right to Freedom : The constitutional articles related to right to freedom are mentioned in Articles 19 - 22. Freedom is the most important ideals of any democratic society. The Indian Constitution guarantees freedom to citizens. 3) Right against exploitation : The constitutional articles related to right against exploitation are mentioned in Articles 23 - 24. This right implies the prohibition of traffic in human beings, begar, and other forms of forced labour. 4) Right to Freedom of Religion : The constitutional articles related to right to freedom of religion are mentioned in Articles 25 - 28. Every person has the right to freely practice his or her faith, establish and maintain religious and charitable institutions. 5) Cultural and Educational Rights : The constitutional articles related to cultural and educational rights are mentioned in Articles 29 - 30. These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to preserve their heritage and culture. 6) Right to Constitutional Remedies : The constitutional articles related to right to constitutional remedies are mentioned in Articles 32. The Constitution guarantees remedies if citizens' fundamental rights are violated.  Fundamental duties Fundamental duties are a set of responsibilities that Indian citizens have towards their society, nation, and fellow citizens. The list of 11 Fundamental Duties under article 51-A to be obeyed by every Indian citizen is given as:  Directive Principles of State Policy The Indian Constitution did not originally categorize the Directive Principles of State Policy (DPSPs), but they are generally classified into three types based on their content and direction: Socialistic Principles: Emphasizes equal opportunity and socio-economic justice Gandhian Principles: Includes articles such as organizing village panchayats and promoting cottage industries Liberal-Intellectual Principles: Focuses on individual rights and liberties The DPSP are found in Part IV of the Constitution of India, from Articles 36 to 51. Parliamentary System in India India is a federal democratic republic with a parliamentary government similar to the UK's. Its legislative branch includes the President, the Rajya Sabha (the upper house), and the Lok Sabha (the lower house). Features 1. Nominal and Real Head: The head of state, like the President, has a ceremonial role and is the nominal executive. The Prime Minister is the real head of government. Article 75 allows the President to appoint the Prime Minister, who leads a council of ministers to advise the President (as stated in Article 74). 2. Executive in Legislature: The executive is part of the legislature. To be a member of the executive, a person must be in Parliament. If not, they can serve as a minister for up to six months. 3. Majority Party Rule: The party with the most seats in the Lok Sabha forms the government. The President invites the leader of this party to be the Prime Minister and appoints other ministers on the Prime Minister's advice. 4. Parliamentary Opposition: Since no party has a full majority, the opposition is important for keeping the government in check and preventing misuse of power.  Federal system A federal state has two levels of government: one at the central level and another at the state level. A federal system also includes three key features: i. A written constitution ii. A division of powers between the central and state governments iii. Judicial supremacy to interpret the constitution.  Centre-State Relations Centre-state relations in India are the dynamic of how the central government and state governments share powers and responsibilities. The Indian Constitution's federal system divides legislative, executive, and financial powers between the center and the states. The administrative relations between the central and state governments are explained in Articles 256 to 263 of the Constitution. These ensure cooperation between the two while keeping the country united. For legislative subjects, the Constitution divides them into three lists: the Union List (for the central government), the State List (for state governments), and the Concurrent List (for both). The judicial system is a single system for the whole country, applying both central and state laws, with no separate courts for each.  Amendment of the Constitutional Powers and Procedure Article 368 of the Constitution allows Parliament to amend the Constitution. The process is: 1. An amendment bill is introduced in either House of Parliament (not in state legislatures) by any member, without needing the President’s approval. 2. The bill must be passed by a two-thirds majority in both Houses. 3. If the bill affects federal provisions, half of the states must approve it. 4. Once passed by Parliament and the states (if needed), the bill is sent to the President, who must give approval. 5. After the President's assent, the bill becomes law, and the Constitution is amended.  Emergency provisions in Indian Constitution The Indian Constitution allows the President to declare three types of emergencies: 1. National Emergency (Article 352): - Declared when India's security is threatened by war, external aggression, or armed rebellion. - Requires approval by a special majority in Parliament. - The Lok Sabha can revoke it if requested by at least 1/10th of its members. 2. State Emergency (President's Rule) (Article 356): - Imposed when a state fails to function according to the Constitution. - The central government governs the state through the Governor. 3. Financial Emergency (Article 360): - Declared when India's financial stability is threatened. - It has never been used in India.  Local self-government Local self-government in India is a system where local bodies are elected by the people to manage the affairs of local communities. It is the third tier of government in India, below the state and central governments. Local self-government in India operates through: Urban areas: Managed by municipalities and municipal corporations. Rural areas: Governed by Zila Parishads, block samitis, and panchayats.  CONSTITUTION OF INDIA (COI) (BNC501/ BNC601) Unit 2- Union Executive and State Executive: Powers of Indian Parliament , Functions of Rajya Sabha, Functions of Lok Sabha, Powers and Functions of the President, Comparison of powers of Indian President with the United States, Powers and Functions of the Prime Minister, Judiciary – The Independence of the Supreme Court, Appointment of Judges, Judicial Review, Public Interest Litigation, Judicial Activism, LokPal, Lok Ayukta, The Lokpal and Lok ayuktas Act 2013, State Executives – Powers and Functions of the Governor, Powers and Functions of the Chief Minister, Functions of State Cabinet, Functions of State Legislature, Functions of High Court and Subordinate Courts.  Powers of Indian Parliament 1. Legislative Powers: The Parliament makes laws for the entire country. Subjects are divided into three lists: Union, State, and Concurrent. In the Concurrent List, Parliament's law overrides state law. 2. Executive Powers: The government is responsible to Parliament for its actions. Parliament controls this through committees, question hour, and zero hour. 3. Financial Powers: Parliament approves the budget and monitors the government's financial activities through committees. 4. Constituent Powers: Parliament can amend the Constitution and make new laws. 5. Judicial Powers: Parliament can impeach the President, remove judges, and punish members for violations. 6. Electoral Powers: Parliament helps elect the President, Vice-President, and important officers like the Speaker and Deputy Speaker. 7. Other Powers: Parliament can discuss national and international issues, declare emergencies, change state boundaries, and create or abolish state legislatures.  Rajya Sabha (Council of States) The Rajya Sabha is the Upper House of the Indian Parliament, with a maximum of 250 members. 238 members represent States and Union Territories, while 12 members are nominated by the President for their expertise in fields like art, science, and social service. The current strength is 245 members. Rajya Sabha is a permanent body that doesn't dissolve, but one-third of its members retire every two years. Members serve six-year terms and can be re-elected. Members are elected by State Legislative Assemblies through proportional representation using a single transferable vote system. Lok Sabha (House of the People) The Lok Sabha is the lower house of Parliament in India, elected by the people through voting. 1. It can have up to 552 members, including representatives from states and union territories. 2. The President can nominate two members from the Anglo-Indian community. 3. The number of seats for each state is based on its population. 4. Members serve for five years, unless the Lok Sabha is dissolved earlier. Category Rajya Sabha Lok Sabha Equal power with Lok Sabha for ordinary Dominant in law-making due to larger Legislative laws; bills can be introduced here. membership. Most bills are introduced here. Cannot introduce money bills; only suggest Superior in financial matters; can introduce Financial changes to money bills, but Lok Sabha has the money bills. Rajya Sabha can only delay final say. money bills for 14 days. Can dismiss the Council of Ministers by a vote Executive Cannot dismiss the Council of Ministers. of no-confidence. Can amend the Constitution with Lok Sabha Shares power to amend the Constitution with Amendment by passing with a 2/3 majority. Rajya Sabha. Participates in the election of the President and Participates in the election of the President and Electoral Vice-President. Elects Speaker and Deputy Vice-President. Elects Deputy Chairman. Speaker. Can impeach the President with Lok Sabha. Can impeach President and judges, and Judicial Can remove judges of Supreme and High discipline its own members. Courts, and Vice-President. Must approve any emergency declarations Must approve any emergency declarations Emergency Powers made by the President. If dissolved during an made by the President. emergency, Rajya Sabha approval is needed.  Powers and Functions of the President Power Details - Head of Union government. Executive Powers - Appoints key officials (PM, judges, etc.). - Addresses Parliament sessions. Legislative Powers - Summons or dissolves Lok Sabha. - Approves all laws. - Represents India internationally. Diplomatic Powers - Signs treaties (with Parliament approval). - Approves money bills. Financial Powers - Presents Union Budget. - Sets up Finance Commission. - Supreme commander of the Armed Forces. Military Powers - Declares war/peace (with Parliament). Judicial Powers - Appoints Chief Justice and judges. - Declares emergencies: national, constitutional Emergency Powers breakdown, or financial crisis.  Comparison of Powers of Indian President with the United States Topic US President Indian President Chosen indirectly (not by people How they are elected Chosen directly by people directly) Stable government, no coalition Can face issues from coalition Advantage problems politics Head of both country and Only head of the country (symbolic Head of government role) Mostly a figurehead, not much real Power Real power to make decisions power 5 years, can be re-elected many Term length 4 years, can only be re-elected once times  Powers and Functions of the Prime Minister The Prime Minister is the head of the Indian government and is appointed by the President after a party wins the general election. Power/Role What it Means Leader of the Country Main leader of the government. Assigns Minister Jobs Decides which ministers handle what. Leads Cabinet Meetings Runs meetings with top ministers. Represents India Abroad Attends international meetings. Connects President and Cabinet Shares decisions with the President. Main Advisor to President Gives advice to the President. Can Remove Ministers Can recommend a minister's dismissal. Can End Government Resigning can collapse the government.  Judiciary Appointment of Judges Qualifications Procedure 1. Consult Governor and High Court judges District Courts 1. Advocate for 7+ years. (Article 233). 2. High Courts control district court judges 2. Not in other Union or State services. (Article 235). 3. Recommended by the High Court. High Courts 1. Citizen of India. 1. Appointed by President's warrant (Article 217). 2. Consult Chief Justice of India and State 2. Held a judicial office in India for 10+ years. Governor. 3. Consult Chief Justice of the High Court for 3. Advocate in High Court for 10+ years. other judges. 1. Appointed by President after consultation Supreme Court 1. Citizen of India. (Article 124). 2. Below 65 years of age. 2. Collegium system used for appointments. 3. Maximum of 7 judges can be appointed (can 3. Judge of High Courts for 5+ years. increase as needed). 4. Consult Chief Justice of India, other Supreme 4. Advocate in High Court for 10+ years. Court judges, and sometimes High Court judges. 5. Distinguished jurist in the opinion of the President.  Judicial Review Judicial Review is when a court checks if a decision or action is lawful. Judicial activism Judicial activism is when the judiciary actively protects citizens' rights and the country's legal system. Public Interest Litigation (PIL) Public Interest Litigation (PIL) allows individuals to file cases in court to protect the public interest on issues like pollution, terrorism, and road safety. While not formally defined in law, PIL is interpreted by judges to address matters affecting the public. It empowers citizens to seek justice through judicial activism. However, the petitioner must prove the case is genuinely in the public interest. Common issues under PIL include bonded labor, neglected children, wage exploitation, atrocities against women, and environmental pollution.  LokPal , Lok Ayukta Aspect Lokpal Lokayukta A body that fights corruption at A body that fights corruption at What It Is the national level. the state level. Made by the Lokpal and Created by laws made by state How It Was Created Lokayuktas Act in 2013. governments. Looks into complaints against Looks into complaints against the Prime Minister, Ministers, Who It Covers state-level politicians and Members of Parliament, and officials. central government officials. Appointed by the President of Appointed by the Governor of Who Appoints It India. the state. Has one chairperson and up to 8 Usually has one main person Who Is In It members, with half being (Lokayukta) or a small team. judges. Serves for 5 years or until they How Long They Serve Term varies by state rules. are 70 years old.  Lokpal and Lok Ayuktas Act, 2013 The Lokpal and Lokayuktas Act, 2013 is an anti-corruption law in India. It aims to set up the Lokpal at the national level and Lokayuktas in states to investigate corruption allegations against high-ranking public officials, including the Prime Minister, ministers, MPs, and Group A officials. Key Features: 1.Lokpal at the Centre and Lokayuktas in states. 2.States must set up Lokayuktas within 365 days of the Act. 3.Lokpal will have a chairperson and up to 8 members, with 50% being judicial members. 4.Half of the Lokpal members must be from SC/ST/OBC, minorities, or women. 5.Selection committee includes the Prime Minister, Speaker, Chief Justice of India, and others.  State Executive The State Executive consists of the Chief Minister, the Council of Ministers and the Governor. Powers and Functions of the Governor Category Powers and Functions 1. Executes state decisions. Executive Powers 2. Appoints Chief Minister, Ministers, Advocate General. 3. Recommends President's rule. 1. Can dissolve or summon the legislature. Legislative Powers 2. Approves or returns bills. 3. Addresses legislature. 1. Oversees state budget. Financial Powers 2. Controls money bills and Contingency Fund. 3. Forms Finance Commission. 1. Can pardon or reduce sentences. Judicial Powers 2. Helps appoint judges. 3. Manages judicial appointments.  Powers and Functions of the Chief Minister Category Powers and Functions 1. Recommends appointment of ministers. 2. Assigns or reshuffles portfolios. In Relation to Council of Ministers 3. Leads meetings and controls activities. 4. Can ask a minister to resign. 1. Informs Governor about government decisions. 2. Provides advice for appointments (Advocate- In Relation to Governor General, PSC, etc.). 3. Reports administrative matters when asked. 1. Advises Governor on summoning or dissolving the In Relation to State Legislature legislature. 2. Announces government policies in the House. 1. Chairs State Planning Board. 2. Vice-chairperson of Zonal Council. Other Functions 3. Member of Inter-State and National Development Councils.  State Legislature The State Legislature makes laws at the state level. It can be unicameral (Legislative Assembly) or bicameral (Legislative Assembly and Legislative Council). The Legislative Assembly creates laws, controls state finances, and oversees the executive. The Legislative Council is advisory and reviews laws. Both houses help elect the President and amend the Constitution in specific areas. Functions of State Legislature It makes laws on state matters and can make laws on shared matters if they don't conflict with Parliament. It controls the Council of Ministers. It manages the state's finances. It has the power to change the constitution. It elects and can remove the Speaker and Deputy Speaker.  Functions of High Court and Subordinate Courts. Court Type Key Functions Original Jurisdiction: Handles civil and criminal cases within High Court its city (e.g., Calcutta, Bombay, Madras). Issues writs to enforce fundamental rights. Appellate Jurisdiction: Hears appeals from lower courts in civil, criminal, and constitutional cases. Court of Record: Judgments serve as legal precedents. Can punish contempt of court. Administrative Powers: Oversees subordinate courts, sets rules, transfers cases, manages court staff. Judicial Review: Can declare laws unconstitutional. Certification: Certifies cases for appeal to the Supreme Court. Civil Courts: Handle property and civil disputes as per the Subordinate Court Civil Procedure Code. Criminal Courts: Handle criminal cases (e.g., murder, robbery) under the Criminal Procedure Code and Indian Penal Code. Grading: Courts are classified by the severity of disputes (civil) or crimes (criminal).  CONSTITUTION OF INDIA (COI) (BNC501/ BNC601) Unit 3- Introduction and Basic Information about Legal System: The Legal System: Sources of Law and the Court Structure: Enacted law -Acts of Parliament are of primary legislation, Common Law or Case law, Principles taken from decisions of judges constitute binding legal rules. The Court System in India and Foreign Courtiers (District Court, District Consumer Forum, Tribunals, High Courts, Supreme Court). Arbitration: As an alternative to resolving disputes in the normal courts, parties who are in dispute can agree that this will instead be referred to arbitration. Contract law, Tort, Law at workplace.  Law Law is a system of rules to keep society organized and peaceful. It helps prevent unethical behavior. The term ‘Law’ comes from ‘Lag,’ meaning “specific.” Law means rules a country enforces to guide people's actions. Main Functions of Law 1. To ensure justice. 2. To promote equality. 3. To keep things fair. 4. To maintain order. Sources of law 1. Legislation – Laws created by the government, like acts and statutes. 2. Customs – Traditional practices recognized as law in some cases. 3. Judicial Precedents – Past court decisions that guide future cases. 4. Justice, Equity, and Good Conscience – Principles of fairness applied when no specific law exists. 5. Conventional Law– International treaties and agreements followed by India.  Court Structure in India 1. Supreme Court – Highest court; binding on all. 2. High Courts – Bind lower courts within the state. 3. District Courts – Handle serious cases in districts. 4. Subordinate Courts – Deal with minor local cases. Acts of Parliament Acts of Parliament, or primary legislation, are laws passed by the legislative body. Parliament can allow others to make laws through an Act. An Act defines the purpose of a specific law. Delegated legislation gives others the authority to add details to an Act. Authorized individuals create laws based on the guidelines set by the Act.  Enacted Law The process of making a law begins with the ministry drafting a Bill, which is then revised based on feedback. After the Cabinet approves the Bill, it is introduced in Parliament and read three times. A committee may review the Bill and suggest changes. The Bill is then discussed, amended, and voted on by Parliament. If both Houses pass the Bill, it is sent to the President for approval. Once the President agrees, the Bill becomes a law. Common Law or Case Law Common Law is a system of law based on court decisions rather than written laws. Its authority comes from long-standing practices and the acceptance of people. It originated in England. Common Law becomes clear only when explained in a judgment. It includes rules derived from court decisions and legal principles, as well as traditions, customs, and reasoning methods. Principles taken from decisions of judges constitute binding legal rules Judicial precedent means that judges make decisions based on past cases. They follow similar previous cases when making decisions, adhering to the principle of "stare decisis," which means "stand by the decision already made." Precedents are followed because judicial decisions are assumed to be correct, and using them helps build confidence in the judicial system. This process ensures that decisions are fair and just. The rules of judicial precedent are as follows: Lower courts are required to follow decisions made by higher courts, while higher courts generally follow their own past decisions in related matters.  The Court System in India The Indian judicial system is one unified system. It is divided into two parts: superior judiciary (Supreme Court and High Courts) and subordinate judiciary (lower courts under High Courts). The Supreme Court is the highest court, led by the Chief Justice of India. There are 24 High Courts in India, each serving one state, though some cover multiple states or Union Territories. Each state is divided into districts, with a District Court in each. District Courts handle most civil and criminal cases. Additionally, tribunals and commissions are set up to handle specific legal matters. Court hierarchy in India: 1. Supreme Court 2. High Court 3. District Court 4. Subordinate Courts  District Courts in India District courts in India handle justice at the district level, with the District and Sessions Judge being the highest authority. They deal with civil and criminal cases. The District Judge is appointed by the state Governor, and Additional or Assistant District Judges may be appointed to share the workload. District Consumer Forum The Consumer Protection Act (CPA) establishes a 3-tier system for quick and affordable resolution of consumer disputes at the National, State, and District levels. The District Consumer Forum handles complaints with claims under Rs. 20 lakh. Consumers can file complaints at the district court with the required documents. Tribunals A Tribunal is a quasi-judicial body for resolving disputes, particularly in areas like administration and taxes. It was added to the Indian Constitution by the 42nd Amendment in 1976. Tribunals handle disputes, determine rights, and review decisions. Need for Tribunals: 1. To reduce court case backlogs. 2. To handle specialized cases. 3. To ease court burdens. 4. To address issues in areas like the environment, armed forces, and taxes.  High Courts The High Courts in India are the highest judicial bodies at the state level, with 25 courts across the country. They have original, appellate, power of superintendence, and court of record jurisdictions. They primarily handle appeals and writ petitions under Articles 226 and 227. Supreme Court The Supreme Court of India is the highest court in the country, with a Chief Justice and up to 34 judges. It hears appeals, resolves disputes between governments, and provides advisory opinions. Its decisions are binding on all courts. It protects citizens' rights and is known as the "Guardian of the Constitution." Arbitration Arbitration is a private, flexible process for resolving disputes outside of court, where parties agree to abide by the decision. An expert called an arbitrator is chosen to resolve the issue. The decision, known as an arbitral award, is binding and enforceable like a court judgment. Types of Arbitration: 1. Domestic Arbitration: Involves Indian parties and is conducted in India with Indian rules. 2. Foreign Arbitration: Involves proceedings outside India, with the award enforced in India.  Contract Law The Indian Contract Act, 1872 governs contracts in India. A contract is an agreement enforceable by law. For an agreement to be a contract, it must have offer and acceptance, consideration, parties with capacity, free consent, and a lawful object. Essential elements of a contract: 1. Offer and Acceptance: One person makes an offer, the other accepts. 2. Consideration: Something given in return, making the agreement enforceable. 3. Capacity: Only adults with sound mind can contract. 4. Consent: Agreement must be free from coercion or fraud. 5. Unlawful Agreements: Contracts with illegal purposes are void. 6.Contingent Contract: Dependent on a future event. 7. Discharge of Contract: Contract ends by performance, agreement, impossibility, or breach. 8. Damages: Compensation for loss caused by breach.  Tort Tort is a civil wrong, either intentional or accidental, that causes harm to someone. There are three types of torts: 1. Intentional Tort: The defendant causes harm on purpose. 2. Negligence: The defendant is careless, harming the victim. 3. Strict Liability: No need to prove intent or carelessness; the defendant is liable for the harm caused. Law at workplace 1. Factories Act, 1948: Ensures health, safety, and welfare of workers in factories with provisions on working hours, leave, and overtime. Applies to factories with 10+ workers using power or 20+ without power. 2. Shops and Commercial Establishments Act: Covers working conditions, hours, and leave for employees in shops and commercial establishments. 3. Employee’s Compensation Act, 1923: Provides compensation to workers for injuries or death during employment. 4. Weekly Holiday Act, 1942: Requires weekly holidays for employees in shops, restaurants, and theatres.  CONSTITUTION OF INDIA (COI) (BNC501/ BNC601) Unit 4- Election provisions, Emergency provisions, Amendment of the constitution: Election Commission of India-composition, powers and functions and electoral process. Types of emergency-grounds, procedure, duration and effects. Amendment of the constitution- meaning, procedure and limitations.  Election Provisions The Indian Constitution has detailed rules about how elections should be conducted. These rules ensure that elections are fair and free. Election Commission of India Composition: The Election Commission of India is an independent body responsible for conducting elections. It consists of a Chief Election Commissioner (CEC) and other Election Commissioners as appointed by the President. Powers and Functions: Conducting Elections: It organizes elections for the President, Vice-President, Parliament (Lok Sabha and Rajya Sabha), and State Legislative Assemblies. Supervision: It supervises the entire election process, from preparing the voters' list to counting votes. Model Code of Conduct: It ensures that political parties and candidates follow certain rules during elections to maintain fairness. Dispute Resolution: It resolves disputes related to elections, such as eligibility of candidates and issues with voting. Voter Education: It promotes voter awareness and participation. Electoral Process: Preparation of Voter List: The Election Commission prepares and updates the list of eligible voters. Nomination of Candidates: Candidates who want to contest the election must file their nomination. Campaigning: Political parties and candidates campaign to win support from voters. Voting: On election day, voters go to polling booths to cast their votes. Counting and Declaration of Results: After voting, the votes are counted, and results are declared.  Emergency Provisions The Constitution of India provides special powers to the central government to deal with emergencies. There are three types of emergencies, each with specific grounds, procedures, durations, and effects: Types of Emergency 1.National Emergency (Article 352) 1. Grounds: This can be declared if there is a threat to the country due to war, external aggression, or armed rebellion. 2. Procedure: 1. The President can declare a National Emergency based on a written request from the Prime Minister and his Cabinet. 2. The declaration must be approved by both Houses of Parliament within one month. 3. Duration: 1. Once approved, it lasts for six months and can be extended indefinitely with parliamentary approval every six months. 4. Effects: 1. Fundamental Rights (like the freedom of speech) can be restricted. 2. The central government gains more power over the states. 2. State Emergency (President's Rule, Article 356) 1. Grounds: It can be imposed if the President believes that the state government is unable to function according to the Constitution (often due to a breakdown of law and order or political instability). 2. Procedure: 1. The President declares it, usually based on a report from the state's Governor. 2. It must be approved by Parliament within two months. 3. Duration: 1. It can last for six months and can be extended up to a maximum of three years with parliamentary approval every six months. 4. Effects: 1. The state government is dissolved, and the central government takes direct control of the state. 2. The State Legislative Assembly may be suspended or dissolved. 3. Financial Emergency (Article 360) 1. Grounds: It can be declared if the financial stability or credit of India or any part of it is threatened. 2. Procedure: 1. The President declares it, but there is no need for parliamentary approval. 3. Duration: 1. It remains in force until the President decides to revoke it. 4. Effects: 1. The central government can direct states on how to use their finances. 2. The salaries of government employees, including judges, can be reduced.  Amendment of the Constitution The Constitution of India is not rigid and can be amended to meet the changing needs of society. However, there are specific rules for making amendments to ensure stability. Meaning of Amendment An amendment is a change or addition made to the Constitution to update or improve it. Procedure for Amendment (Article 368) There are three main ways to amend the Constitution: 1.Simple Majority: 1. Some amendments can be passed by a simple majority of members present and voting in each House of Parliament. This is used for changes like renaming states or altering the boundaries of states. 2. Special Majority: 1. Most amendments require a special majority, which means two-thirds of the members present and voting, plus more than half of the total membership of each House of Parliament. 3. Special Majority with State Ratification: 1. Some amendments need not only a special majority in Parliament but also approval by at least half of the state legislatures (e.g., amendments affecting federal structure, like the distribution of powers between the Union and States). Limitations of Amendment Basic Structure Doctrine: The Supreme Court has ruled that Parliament cannot change the "basic structure" of the Constitution (like the fundamental rights or the principles of democracy, secularism, federalism, etc.). This ensures that the core values of the Constitution remain intact.  CONSTITUTION OF INDIA (COI) (BNC501/ BNC601) Unit 5- Business Organizations and E-Governance: Sole Traders, Partnerships, Companies: The Company’s Act: Introduction, Formation of a Company, Memorandum of Association, Articles of Association, Prospectus, Shares, Directors, General Meetings and Proceedings, Auditor, Winding up. E-Governance and role of engineers in E-Governance, Need for reformed engineering serving at the Union and State level, Role of I.T. professionals in Judiciary, Problem of Alienation and Secessionism in few states creating hurdles in Industrial development  Sole Traders (Sole Proprietorship) A sole trader is a business owned and run by one person. The owner and business are the same legally, and the business is not always registered. It is best for small or medium businesses. Legal Aspects & Liability: 1.No special legal rules apply; minimal formalities. 2.The owner bears all risks and enjoys all profits. 3.The owner's liability is unlimited. Advantages: 1.Easy to Start: Minimal paperwork; owner’s personal ID can serve as the business ID. 2.Full Control: The owner makes all decisions. 3.Profit: The owner keeps all profits. 4.Privacy: No need to share business details with others. Disadvantages: 1.Unlimited Liability: Personal assets may be used to pay business debts. 2.Funding Issues: Hard to get loans compared to registered companies. 3.Taxation: Can result in higher taxes.  Partnership A partnership is a business where two or more people share ownership, profits, and liabilities. It operates under the Indian Partnership Act, 1932. Features: 1.Formation: Requires a legal agreement between partners. 2.Unlimited Liability: Partners are personally responsible for the firm's debts. 3.Discontinuity: The business dissolves if a partner dies, retires, or goes bankrupt. Types of Partners: 1.Active Partner: Participates in business and shares profits. 2.Dormant Partner: Only invests; doesn’t manage daily tasks. 3.Secret Partner: Involved in profits and management but remains unknown publicly. Advantages: 1.Easy to Start: Needs only a partnership deed. 2.More Funds: Easier to raise funds than sole proprietorships. Disadvantages: 1.Unlimited Liability: All partners are responsible for losses. 2.Limited Members: Maximum of 20 partners.  The Company’s Act The Companies Act, 2013 is a law in India that sets rules for forming, running, and closing companies. It applies to all types of companies and focuses on better governance and shareholder rights. Key Features: 1.More power for shareholders 2.Role of women on company boards 3.Corporate Social Responsibility (CSR) 4.Special court for company cases (NCLT) 5.Changing auditors regularly 6.Simpler merger and closing process  Steps to Start a Company Choose a unique name and check its availability. Get the name approved by the Registrar of Companies (RoC). Write the company’s Memorandum (MOA) and Articles (AOA). Fill and submit necessary forms with required documents online. Pay the registration fees and send signed copies to RoC. Get the Certificate of Incorporation, which makes the company official. Memorandum of Association (MOA) The MOA is a document that explains: What the company does (its objectives). Its name, location, and capital details. Liability of its members. It is like a rulebook that sets limits on what the company can do.  Articles of Association (AOA) The AOA is another document that explains: How the company operates internally, like rules for meetings, appointments, and managing finances. It is more about day-to-day operations and can be easily updated by passing a resolution. Difference Between MOA and AOA MOA AOA Explains what the company can do. Explains how the company runs daily. Hard to change (requires approval). Easier to change. Sets boundaries the company cannot cross. Covers details within those boundaries.  Prospectus A prospectus is a document issued by a company to invite the public to invest in its shares or debentures. Contents of a Prospectus: 1. Company name, address, directors, and key officers. 2. Details of the share issue and purpose of raising funds. 3. Financial performance reports. 4. Statements about legal compliance. Types of Prospectus: 1. Abridged Prospectus: A short summary of the full prospectus. 2. Deemed Prospectus: Issued when securities are sold to the public indirectly. 3. Shelf Prospectus: Allows multiple issues of securities without reissuing a new prospectus. 4. Red Herring Prospectus: Incomplete prospectus used before finalizing the issue price.  Shares - A share is a unit of ownership in a company, representing a portion of the company's assets. - Shares are movable properties and can be transferred according to the company’s rules. Directors/Board of Directors - A director manages the company’s affairs per the Companies Act, 2013. - The Board of Directors is responsible for making decisions in the company's best interest. - Types of Directors: 1. Residential Director 2. Independent Director 3. Small Shareholders Director 4. Women Director 5. Additional Director 6. Alternate Director 7. Shadow Director 8. Nominee Director  Annual General Meeting (AGM) - A yearly meeting for company shareholders, mandatory for all companies. - First AGM must be held within 18 months of incorporation. - No more than 15 months should pass between two AGMs. Minutes of Proceedings of General Meeting - Minutes are written records of what happened at the meeting, signed and kept by the company. - They must be completed within 30 days of the meeting and are legally binding. Auditor's Role - An auditor checks the company’s financial records and ensures accuracy. - Types of Auditors: 1. External Auditor: Independent auditor hired by the company. 2. Internal Auditor: Company employee auditing internal financial controls.  Winding Up (Liquidation) Process - The process of ending a company’s existence, selling assets, paying off debts, and distributing any remaining funds. - Steps: 1. Appoint a liquidator to manage the winding-up process. 2. Liquidator sells assets, pays debts, and distributes the remaining amount to members. 3. The company is dissolved and removed from the company register if all assets and debts are settled. E-Governance - E-governance is the use of IT to improve government services, making governance simpler, accountable, and transparent. - Types of E-Governance: 1. G2C (Government to Citizens): Delivers services to citizens efficiently. 2. G2B (Government to Business): Improves business-government interactions. 3. G2E (Government to Employees): Enhances government-employee communication. 4. G2G (Government to Government): Facilitates smooth inter-governmental operations. Advantages of E-Governance: - Improves government service delivery. - Reduces corruption and paperwork.  Role of Engineers in E-Governance - Engineers help implement e-governance by developing software, understanding cyber laws, and ensuring processes comply with regulations. Need for Re-engineering - To improve government operations and adapt to technological progress, re-engineering is needed to redesign workflows for better performance. Use of Technology in Judiciary: - Technology helps manage case files, reduces delays, and improves efficiency in courts. - Role of IT Professionals: Manage court software, design systems for case tracking, and maintain digital records. Alienation: - Alienation refers to the feeling of disconnection and dehumanization, especially in a capitalist work system. Secession: - Secession is the act of a group or region leaving a larger political entity to form its own independent state.