255
There are 444
articles , 12 Schedules,
24 Parts and 92 Amend
ments as of today in Indian
Constitution. It was 395
Articles and 8 schedules
when it came into force
on January 26,
1950.
Basic structure of the Constitution
Independence of judiciary
Free and fair elections
Rule of law
Limited power of Parliament to amend the Constitution
Parliamentary system
Harmony and balance between Fundamental Rights and Directive
Principles
Judicial review
Freedom and dignity of the individual
Welfare state
Unity and integrity of the nation
Federal character of the Constitution
Separation of powers between the legislature, the executive and the
judiciary
Secular character of the Constitution
Sovereign, democratic and republican nature of the Indian polity
Supremacy of the Constitution
The Constituent Assembly
was in session between December
9, 1946 and November
26, 1949.
Total duration of the making of
the Constitution was 2 years,
11 months and 17 days.
The Constituent Assembly
had 389 members originally. Of
which, 292 were to be elected
from provinces, 93 were to be
nominated from princely states
and four members were to be
nominated from Chief
Commissioner’s Areas. Each
province was allocated seats
in proportion to its population.
Later reduced to 299 as League
withdrew after partition of the
country.
On the inaugural day of the
assembly on December 9, 1946,
Dr. Sachidananda Sinha was
elected as the first temporary
President to chair the meeting
CONSTITUTION
A Constitution is "a Fundamental
legal document according
to which the government
of a country functions".
Its basic objective is to establish
a democratic, socialist,
secular republic with a view to
securing justice, liberty, equality
and fraternity to all its citizens.
A constitution, thus is superior
to all other laws of the country
& no law can be enacted
which is not in conformity with
the constitution.
Constitutions are of two types
- "unwritten and written". The
constitution of the U.K and
New Zealand are unwritten
where as the constitution of all
other countries of the World
are written.
Constituent
Assembly
The Constitution of India was
framed and adopted by the
Constituent Assembly of India.
The Constitutent Assembly
was set up in November 1946
as per the Cabinet Mission Plan
of 1946.
The idea of a Constitution for
India was first expressed by
M.N. Roy (communist leader)
and it was supported by
Gandhiji & Nehru.
The demand for the Constituent
Assembly to draft the Constitution
of India was, for the
first time, raised by the Congress
in 1935.
256
The Constitution of India was draft ed by the Constitu ent
Assembly. It came into effect on January 2 6, 1950.
The constitutional head of t he Executi ve o f the Unio n is the
President. As per Article 79 of the Constitution , Ind ian
Par liament consists of the President and two Houses kn own
as the Council of States (R ajya Sabha) and the House of the
People (Lok Sabha ). Article 74(1) of the Constitution
provides that there shall be a Council of Ministers with the
Prime Mi niste r as its head to aid and advise the Preside nt,
who shall exercis e his fun ctions in accordan ce to the advice.
and on December 11, 1946, Dr.
Rajendra Prasad was elected
as the permanent President of
the Constituent Assembly.
The Vice President of the constituent
Assembly was Professor
Harendra Coomar
Mukherjee.
Constituent Assembly worked
by constituting more than 13
committees and the most
prominent committee was the
Seven member Drafting Committee
of the constitution.
Dr. B.R. Ambedkar was the
Chairman of the Drafting
Committee of the Constitution.
He was the Chief Architect of
the Constitution and later became
the first Law Minister of
India. In 1990 Government
awarded him Bharat Ratna
posthumously.
Total sessions of the Constituent
Assembly - 11
The Constitution of India was
adopted on November 26,
1949. The assembly met again
on Jan 24, 1950 when the members
appended their signatures
to the constitution of India. It
came into force on January 26,
1950.
The date January 26, was chosen
to inaugurate the Constitution
in memory and honour
of the Lahore session of the
Indian National Congress on
31st December 1929.
The Constituent Assembly
formed 13 important committees
The Constituent Assembly
adopted our National Flag on
July 22, 1947.
The Constituent Assembly
adopted our National Anthem
on January 24, 1950.
The only state having
Constitution of its own is
Jammu & Kashmir
O n Augus t
15, 1947, India became
an independent nation, and
the Constituent Assembly
became India's Par liament.
for framing the Constitution.
The historic 'Objective Resolution'
(purpose and aim) was
moved in the Constituent Assembly
by Pt. Jawahar Lal
Nehru on 13th December 1946.
Objective resolution constituted
on the basis of the
Preamble of the Constitution.
Shri. B.N. Rao was appointed
as Legal Advisor to the Constituent
Assembly.
The Constituent Assembly
took 2 years, 11 months and
18 days to frame the Constitution.
Dr. Bhim Rao Ambedkar is
recognised as “Father of Indian
Constitution”.
Drafting Committee
In the August 14, 1947
meeting of the Constituent
Assembly, a proposal for
forming various committees
were presented.
Such committees include
Committee on Fundamental
Rights, the Union Powers
Committee and Union
Constitution Committee.
On August 29, 1947, the
Drafting Committee was
appointed, with Dr. Ambedkar
as the Chairman along with six
other members.
Six members of the drafting
committee were N.
Gopalaswami Iyengar, Alladi
Krishna Swamy Iyer, K.M.
Munshi (founder of Bharatiya
Vidya Bhavan), Syyed
Mohammad Saadullah, B.L.
Mittar (replaced by N.
Madhav Rao) and D.P.
Khaitan (who died in 1948 and
was replaced by T.T.
Krishnamachari).
A Draft Constitution was
prepared by the committee and
submitted to the Assembly on
November 4, 1947.
257
January 26 was selected as the
date of commencement of the
Constitution of India because on
this date in 1930, Indian people
observed 'Independence day',
following the resolution of 'Purna
Swaraj' of the Congress session
held in the midnight of December
31,1929 at Lahore.
Committees under the Constituent Assembly
• Committee on the Rules of procedure - Rajendra Prasad
• Steering Committee Rajendra Prasad
• Finance and Staff Committee - Anugrah Narayan Sinha
• Credential Committee - Alladi Krishnaswamy Iyer
• House Committee - B. Pattabhi Sitaramayya
• Order of Business Committee - K.M. Munshi
• Ad hoc Committee on the National Flag - Rajendra Prasad
• Committee on the Functions of the Constituent Assembly
G.V. Mavalankar
• States Committee - Jawaharlal Nehru
• Advisory Committee on Fundamental Rights, Minorities
• Tribal and Excluded Areas - Vallabhai Patel
• Minorities Sub-Committee - H.C. Mookherjee
• Fundamental Rights Sub-Committee - J.B. Kripalani
• North-East Frontier Tribal Areas and Assam. Excluded & Partially
Excluded Areas Sub-Committee - Gopinath Bardoloi
• Excluded and Partially Excluded Areas (Other than those in Assam)
Sub-Committee - A.V. Thakkar
• Union Powers Committee- Jawaharlal Nehru
• Union Constitution Committee - Jawaharlal Nehru
• Drafting Committee - B.R. Ambedkar
Sources of Indian Constitution
1. Govt. of India Act 1935: Federal System, Office of the Governor, Power of federal judiciary, Emergency
power, Public Service Commissions, Administrative details.
2. United Kingdom: Law making procedure, Rule of Law , Provisions of Single Citizenship,
Parliamentary Govt., Bicameralism, Prerogative writs, Office of the C.A.G.
3. USA:Independent Judiciary, Judicial Review, Fundamental Rights, Removal of Supreme &
High Court Judges (Impeachment), Preamble, Functions of Vice- President.
4. Canada: Federation with a str ong centre, Residuary powers with th e centre, Appointment of
State Governors by Center, Advisor y/Review of supreme court.
5. Ireland: Dir ective Principles of State Policy, Method of Presidential election, Nomination of
members of Rajya Sabha by the Pr esident.
6. Germany: Emergency Provision and Suspension of Fundamental Rights.
7. Australia: Concurrent list & Freedom of trade.
8. South Africa: Amendment procedure.
9. France : Republic
10. Russia (U.S.S.R.): Fundamental Duties (44 Amendment) & Preamble.
11. Japan: Procedures established by law.
The Drafting Committee
finalised the Draft
Constitution of India in
February 1948 and the second
reading of the same by the
Assembly was completed on
October 17, 1948. For the third
reading of the constitution,
Assembly met on Nov. 14,
1949 and finished it on Nov.
26, 1949.
258
Regulating Act, 1773
This was the first step taken by the
British Government to control and
regulate the affairs of the East India
Company in India.
It designated the Governor of
Bengal as the Governor-General
of Bengal.
The first Governor-General
was Lord Warren Hastings.
It subordinated the Governors
of Bombay and Madras to the
Governor-General of Bengal.
The Supreme Court was established
at Fort William (Calcutta)
as the Apex Court in 1774.
Pitt's India Act, 1784
It was introduced to remove the
drawbacks of the Regulating
Act.
Was named after the then British
Prime Minister.
Placed the Indian affairs under
the direct control of the British
Government.
Established a Board of Control
over the Court of Directors.
Charter Act, 1813
Monopoly of Company's trade
abolished except trade in tea
& trade with China.
One way free trade was imposed
on India.
An annual sum of Rs. One
Lakh earmarked for education,
marking the beginning of British
interest on educating the
Indians.
Charter Act, 1833
It made the Governor-General
of Bengal as the Governor-
General of India.
First Governor-General of India
was Lord William Bentick.
All civil and military powers
were vested in him.
Inclusion of a Law member in
the council of Governor General
(Macaulay - first law member).
Governments of Bombay and
Madras were deprived of their
legislative powers.
This was the final step towards
centralisation in the British India.
The Act ended the activities of
the East India Company as a
commercial body. Company's
monopoly of trade completely
abolished.
Charter Act, 1853
The legislative and executive
functions of the Governor-
General's Council were separated.
It introduced a system of open
competition as the basis for the
recruitment of civil servants of
the Company.
Government of India Act, 1858
This Act transferred the Government
territories and revenues
of India from the East
India Company to the British
Crown.
In other words, the rule of Company
was replaced by the rule
of the Crown in India.
The powers of the British
Crown were to be exercised by
the Secretary of State for India.
The Secretary of State was a
member of the British Cabinet.
He was assisted by the Council
of India, having 15 members.
This act was declared to be an
act of "good government" for
India.
SOS was vested with complete
authority and control over the
Indian administration through
the Governor-General as his
agent.
He was responsible ultimately
to the British Parliament.
The Governor-General was
made the Viceroy of India.
Lord Canning was the first
Viceroy of India.
Indian Councils Act, 1861
It introduced for the first time
the representative institutions
in India.
It provided that the Governor-
General's Executive Council
should have some Indians as
the non-official members while
transacting the legislative businesses.
Initiated the process of
decentralisation by restoring
the legislative powers to the
Bombay and the Madras Presidencies.
It accorded the statutory recognition
to the Portfolio System.
Indian Councils Act, 1892
Introduced the principle of elections,
but in an indirect manner.
Enlarged the functions of the
Legislative Councils and gave
them the power of discussing
the Budget and addressing
questions to the Executive.
Indian Councils Act, 1909
This Act is also known as the
Morley-Minto Reforms (Lord
Morley was the then Secretary
of State for India and Lord
Minto was the then Governor-
General of India).
Introduction of an element of
The landmarks of the Constitution
259
direct elections to the Legislative
Councils.
The act provided the so called
'Representative Govt'. in India.
It changed the name of the
Central Legislative Council to
the Imperial Legislative Council.
Introduced a system of communal
representation for Muslims
by accepting the concept
of 'Separate Electorate'. (Communal
Electroate)
Government of India Act, 1919
This Act is also known as the
Montague Chelmsford Reforms.
Montague was the then Secretary
of State and Lord
Chelmsford was the then Governor
General of India.
The act was meant to provide
"Responsible Govt". in India.
The Central subjects were demarcated
and separated from
those of the Provincial subjects.
The scheme of dual governance,
'Dyarchy', was introduced
in the Provinces.
Division of Provincial subjects
into Reserved subjects (like
police, jails, land revenue, irrigation,
forests etc to be administered
by the Governor & his
Executive Council) and Transferred
subjects (like education,
local self Government, public
health & sanitation, agriculture,
industries to be looked
after by the governor and his
ministers).
The Act introduced, for the
first time, bicameralism and direct
elections in the country.
The Act also required that the
three of the six members of the
Governor-General's Council
(other than the Commander-in-
Chief) were to be Indians.
Government of India Act of 1935
The Act provided for the establishment
of an 'All-India
Federation' consisting of the
Provinces and the Princely
States as the units.
The Act divided the powers
between the Centre and the
Units in terms of three lists,
namely the Federal List, the
Provinicial List and the Concurrent
List.
The Federal List for the Centre
consisted of 59 items, the Provincial
List for the Provinces
consisted of 54 items and the
Concurrent List for both consisted
of 36 items.
The residuary powers were
vested with the Governor-General.
The Act abolished the
Dyarchy in the Provinces and
introduced 'Provincial Autonomy'.
It provided for the adoption of
Dyarchy at the Centre.
Introduced bicameralism in 6
out of 11 Provinces.
These six Provinces were
Assam, Bengal, Bombay, Bihar,
Madras and the United Province.
Indian Independence Act of 1947
Till 1947, the Government of
India functioned under the
provisions of the 1919 Act only,
the provisions of 1935 Act relating
to Federation and
Dyarchy were never implemented.
The Executive Council provided
by the 1919 Act continued
to advice the Governor
General till 1947.
It declared India as an Independent
and Sovereign State.
Established responsible Governments
at both the Centre
and the Provinces.
Designated the Governor-General
of India and the Provincial
Governors as the Constitutional
Heads (nominal heads).
It assigned dual functions
(Constituent and Legislative)
to the Constituent Assembly
and declared this dominion
legislature as a sovereign
body.
Two Dominions were constituted-
India and Pakistan.
The King would appoint a
Governor General for each Dominion.
Cabinet Mission of 1946
The British Cabinet Mission of 1946 to India aimed to discuss and plan for the transfer of power from
the British Raj to Indian leadership, providing India with independence under Dominion status in the
Commonwealth of Nations. Formulated at the initiative of Clement Attlee, the Prime Minister of the
United Kingdom, the mission consisted of Lord Pethick-Lawrence, the Secretary of State for India, Sir
Stafford Cripps and A. V. Alexander. The Mission's purpose was to hold preparatory discussions with
elected representatives of British India and the Indian states in order to secure agreement as to the
method of framing the constitution. Set up a constitution body. Set up an Executive Council with the
support of the main Indian parties.
260
The Preamble
Soul of Constitution
Key of Constitution
Identity Card of Constitution
The Preamble or the preface
gives in a nutshell the aims and
purposes of the Constitution of
India. It also embodies the ideals
and aspirations.
The Preamble is considered to
be the key to open the edifice
of the Constitution.
Almost all the constitutions of
the world have a preamble.
Jawaharlal Nehru is the architect
of the preamble.
It was adopted by the
Constituent Assembly on
January 22nd 1947.
The preamble serves three purposes
-
i. It indicates the source
from which the constitution
derives its authority,
ii. States the objects that the
constitution seeks to establish
and promote.
iii. The date of its adoption.
The importance of the utility
of the Preamble has been
pointed out in several
decisions of the Supreme
Court.
In the Kesavananda Bharathi
case 1973 the Supreme Court
held that Preamble is a part of
the Constitution.
Sovereign : There is no
authority outside India on
which the country is anyway
dependent.
Socialist : Achievement of
Socialistic pattern of Society
through democratic needs.
Secular : The state shall not
WE, THE PEOPLE OF INDIA, having solemnly resolved to
constitute India into a SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC and to secure to all its citizens;
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote
among them all
FRATERNITY assuring the dignity of the individual and the
unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of
November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION.
discriminate against the citizen
in any way on the basis of
religion.
Democratic : The rulers elected
by the people only.
Fortysecond
Amendment
On 18 December 1976, during the Emergency in
India, the Indira Gandhi government pushed through several
changes in the Forty-second Amendment of the constitution.
A committee under the chairmanship of Sardar Swaran
Singh recommended the amendments. Through this amendment
the words "socialist " and "secular" were added between the
words "sovereign" and "democratic" and the words "unity of
the Nation" were changed to "unity and integrity of the
Nation". Preamble was amended only once in the
history of the Indian Consti tution
K.M. Munshi termed it as ‘the Political Horoscope’.
Earnest Barker calls it the ‘key to the Constitution’.
Thakurdas Bhargava called it as the ‘Soul of the Constitution’.
The term ‘Socialistic pattern of society’ was adopted as a goal of the
Indian State by the Congress in 1955 in Avadi Session.
The Preamble is a part of the Constitution statute but it is not a part of
the Constitution. It is its identity card." : N.A. Palkhivala.
Republic : All the authorities of
the State are directly or indirectly
elected by the people for a fixed
term, not hereditery.
261
IS THE PREAMBLE A PART OF THE
CONSTITUTION ?
The Supreme Court in the Kesavananda Bharati vs State of Kerala
(1973) case overruled its earlier decision of 1960 and made it clear
that it is a part of the Constitution and is subject to the amending
power of the Parliament as any other provisions of the Constitution,
provided the basic structure of the Constitution as found in the
Preamble is not destroyed. However, it is not an essential part of the
Constitution.
Nature of the
Constitution
Written/ Unwritten
A Written Constitution is one
in which most of the fundamental
or basic rules of government
organisations are contained
in a document.
The Constitution of India is
the longest written Constitution
in the world.
India is described by the Constitution
as a Union of States.
America has the shortest as
well as the oldest written Constitution
in the world.
The Constitution of U.S. was
framed by the delegates meeting
in the Philadelphia Convention.
Swiss Federation was formed
in 1867.
Canadian Federation was
formed in 1848.
Australian Federation was
formed in 1901.
An Unwritten Constitution is
one in which most of the fundamental
rules and principles
of governmental organisations
have not been reduced to writing
by any authorised body or
persons.
The best example of an unwritten
Constitution is the British
Constitution.
Israel is another country without
a written Constitution.
Flexible / Rigid
If a Constitution can be amended
easily by the simple majority
of the member of parliament, it
is said to be flexible.
If the procedure of amending or
repealing ordinary laws is difficult,
the Constitution is said to
be rigid.
The Indian Constitution is rigid
in so far as its basic principles
are concerned. Some of its provisions
can be amended by a
simple majority of parliament
while others require a two third
majority of parliament besides
the accent of majority of state
legislature. So it is said that the
Indian Constitution is partly
flexible and partly rigid.
The examples of Rigid Constitution
are United States, Canada,
Switzerland and Australia.
British Constitution is a flexible
Constitution.
Unitary / Federal
A Constitution is said to be
unitary if it concentrates all
authority at the centre, making
the various regions subservient
to the central government.
Britain and France have unitary
Constitutions.
A Federal Constitution divides
government authority between
the centre and the regions
conferring on the latter an autonomous
status.
The US Constitution, the Canadian
Constitution and the
Indian Constitution are examples
of Federal Constitutions.
Indian Constitution is described
as federal in term but
unitary in spirit.
The difference between American
federation and Indian federation
is that the Indian federations
are functioning under
the strong central Government.
Indian Constitution is Quasi -
Federal.
The word Federal is however
absent in the Indian Constitution.
Opinions
1. “Quasi federal” - K.C. Wheare
2. “Federation with a centralising
tendency”- Ivor Jennings
3. “Cooperative federalism”-
Granville Austin
4. “Unitary as well as federal” -
Ambedkar.
262
Important Dates in Indian Constitution
1687 The first Muncipal Corporation in India was set up in Madras.
1772 Lord Warren Hastings created the Office of District Collector.
1829 The office of the Divisional Commissioner was created by Lord William Bentick.
1859 The Portfolio System was introduced by Lord Canning.
1860 A system of Budget was introduced.
1870 Lord Mayo's resolution on financial decentralisation, visualised the development of
local self-government institutions in India.
1872 First Census in India was conducted during Lord Mayo's period.
1881 First regular Census was conducted during Lord Mayo's period.
1882 Lord Ripon's resolution was hailed as the 'Magna Carta' of local self-government. He is
regarded as the 'Father of local self-government in India'.
1905 The tenure system was introduced by Lord Curzon.
1905 The Railway Board was set up by a resolution of the Government of India.
1921 Public Accounts Committee was created at the Centre.
1921 Railway Budget was separated from the General Budget.
1935 Reserve Bank of India was established by an Act of the Central Legislature.
1935 The Government of India Act 1935 prescribed a federation for India.
1946 The elections to the Constituent Assembly under the Cabinet Mission Plan.
Dec. 9, 1946 The Constituent Assembly held its first meeting.
Dec. 11. 1946 Dr. Rajendra Prasad was elected president of the Constituent Assembly.
Nov. 26, 1949 Constituent Assembly approved the Constitution.
Jan. 26. 1950 The Constitution of India came into force.
1951 The first Constitutional Amendment.
1952 The first general election (1951-1952) to the Lok Sabha was held.
1953 The first linguistic state of Andra Pradesh was created.
1959 Panchayat Raj was introduced in Rajasthan.
1962 First emergency declared.
1963 The first no confidence motion was moved in the Lok Sabha after independence.
1975 Emergency due to internal disturbances
1976 The Fundamental Duties of Indian citizens were incorporated in the Constitution.
1978 Through the 44 th amendment Right to Property has been deleted from the list of Fundamental
Rights.
1989 Reduced the voting age from 21 to 18 years for the Lok Sabha as well as Assembly
elections.
1991 Created the National Capital Territory of Delhi.
1992 Formation of present day Panchyati Raj.
1999 Extended the reservation of Scheduled Castes, Scheduled Tribes and Anglo Indians in
Lok Sabha and State Assemblies for 10 more years ie. up to 2010.
2000 The creation of new states of Jharkhand, Chattisgarh and Uttaranchal.
2002 In the field of free and compulsory primary education for children Right to Education for
Children has been made a Fundamental Right.
263
Salient Features of the Constitution of India
The Constitution of India is the lengthiest or bulkiest written Constitution in the world.
The Constitution at present contains 444 Articles and 12 Schedules.
The Constitution has 24 parts. The first part has four Articles.
Originally our Constitution contained 395 Articles and 8 Schedules.
It is designed to work as federal Constitution in normal times and as a unitary one in emergency.
It establishes a parliamentary system of Government both at the centre and in the states.
The President is the Constitutional Head of the State (Country).
The Constitution of India introduces adult franchise and also the system of joint electorates.
Our Parliamentary system is based on universal adult franchise ie, every adult above 18 years of age has
(61st Constitution Amendment 1989) the right to vote.
The Constitution of India guarantees Fundamental Rights to all citizens of India.
It lays down the Directive Principles of State Policy for the guidance of the governmental authorities in the
country.
It provides for an independent judiciary.
The Supreme Court acts as the guardian of the Constitution.
Citizenship
(Article 5 - 11)
The Part II (Article 5-11) of the
Constitution deals with the
Citizenship, of India.
Articles 5 – 8 deals with the
citizenship at the time of commencement
of the Constitution.
Article 9 - citizenship will be
terminated if the person acquires
citizenship of another
country.
A person can become a citizen
of India even if born outside
India if his/her father or mother
is a citizen of India at the time
of person’s birth.
The citizenship can be lost by
renunciation, termination, or
deprivation.
The period of acquisition of
citizenship through registration
has been increased from 6
months to 5 years.
Constitutional Rights for
Indian Citizens
Fundamental rights that are
only given to Indian citizens
like – article 15, 16 and 19, 30.
Some important posts are only
for Indian citizens like President,
Vice-president, Chief Justice
of India, Judges of High
Courts, Attorney General,
Governor etc.
Right to vote for constituency
and assembly elections. There
is provision for Indian citizens
only to be a parliamentarian or
member of legislative assembly.
Citizenship (Amendment) Bill
1992 provide that a person
Dual Citizenship
With the passage of Citizenship (Amendmen t) Act 2003, India
decided to grant dual citizen ship to Person of Indian Origin (PIO) /
NRI’s in 16 nations, subject to the laws of their countries. However in
2005 the Indian Govt. stated that all PIO / NRI’s, who migrated fr om
India on or after Jan uary 26, 1950, will be granted dual citizensh ip.
Dual Citizenship allows a person to live in India indefinitely (so far
PIO card for 6 months). They can avail all benefits of a citizen of India.
However they cannot have the right to vote, and be elected or appoin
ted to public offices. Th ey can also travel to India without a Visa.
However persons from Pakistan, Ban gladesh, and any other country
that the govt may notify cannot have dual citizenship. Pravasi Bharatiya
Divas celebration is a platform where PIO/NRI’s and Indians meet and
share their aspiration. It is celebrated on 9th January in remembrance
of Gandhiji’s return from South Africa in 1915.
264
born outside India would be
deemed to be an Indian citizen
if either of his/her parents were
Indian.
Citizenship Act 2004 - to grant
dual citizenship to the People
of Indian Origin (PIO). The
concept of dual citizenship,
now phrased as overseas citizenship
will be granted to persons
of Indian origin belonging
to certain countries. At
present this facility is extended
to PIOs of 16 specified countries.
The Citizenship Act, 1955
provides for acquisition and
termination of citizenship after
the commencement of the
Constitution.
Persons entitled to Indian
Citizenship
One who has domicile in India.
One who was born in the
territory of India.
One, either of whose parents
was born in the territory of
India.
One who has been ordinarily
resident in the territory of India
for not less than five years.
Immediately preceding the
commencement of the
constitution.
Ways to acquire citizenship
The Citizenship Act of 1955
enumerates five ways.
1. By birth
2. By descent
Natural means
3. By Registration
5 Years continual Stay
(originally 6 months)
For only P.I.Os
Also for foreign spouses
of Indians.
4. By Naturalization
Only for foreigners
12 months continual stay.
5. Incorporation of Territories.
Loss of Citizenship
1. By Renunciation
by one’s own will.
2. By termination
due to acquisition of
citizenship of other
country.
3. By Deprivation
due to false means
Fundamental Rights
(Article 14 to 35)
The concept of Fundamental
Rights has its origin in the ''Bill
of Rights'' of USA.
Part III of the Constitution
deals with Fundamental Rights.
Fundamental Rights are
justiciable
The original Constitution classified the Fundamen tal Rights
into seven categories. But now ther e are only six categories.
They are
(1). Right to Equality (Article 14 - 18)
(2) Right to Freedom (19 - 22)
(3) Right against Exploitation (23 - 24)
(4) Right to Freedom of Religion (25 - 28)
(5) Cultural and Education al Rights (29-30)
(6) Right to Constitutional Remedies (31-35)
The Right to Property, one of the Fundamental Rights, was
taken away and it is only a legal right by the 44th Amendment
(1978).
The Fundamental Rights are
protected by the supreme
court & the high court as the
guardians of the Constitution.
The main objective of the inclusion
of Fundamental Rights
in the Constitution is to establish
a government of law and
not of man.
Fundamental Rights can be
suspended during an emergency
by the Parliament.
The Constitution abolishes
untouchability (Article 17) and
its practice in any form is punishable
with the term of 2 years
imprisonment.
Article 32 empowers the supreme
court to issue writs for
the enforcement & protection
of fundamental rights of a person
if these rights are violated
mostly by the state.
265
Types of Writs
Types of writs are
Habeas Corpus
Mandamus
Certiorari
Quo Warranto
Prohibition.
Habeas Corpus
(to have the body)
It is an order calling upon the
person who has detained another,
to produce the latter before
the court in order to let the
court know on what ground he
has been confined and to set
him free if there is no legal justification
for the imprisonment.
Mandamus (we command)
Commands a person to whom
it is addressed to perform
some public or quasi public legal
duty which he has refused
to perform and the performance
of which cannot be enforced
by any other adequate legal
remedy.
Certiorari
(to be certified)
Is issued directing the subordinate
court to send up certain
records for review.
Quo Warranto
(on what authority)
Is a proceeding whereby the
court enquires into the legality
of the claim which a party
asserts to public office, and to
oust him from its enjoyment if
the claim is not well founded.
4. To defend the country and render
national service.
5. To promote harmony and spirit
of common brotherhood
among all people transcending
religious linguistic, regional or
sectional diversities, to renounce
practises derogatory to
the dignity of women.
6. To value and preserve the rich
heritage of our composite culture.
7. To protect and improve natural
environment including forest,
lakes, rivers and wild life
and to have compassion to living
creature.
8. To safeguard public property
and objure violence.
9. To develop scientific temper,
humanism and spirit of enquiry.
10. To strive towards excellence in
all fields of individual and collective
activity.
11. Every citizen who is a parent
or guardian, to provide opportunities
for education to his
child or, as the case may be,
ward between the age of six
and fourteen years. The 11th
Fundamental Duty was added
by the 86th Constitutional
Amendment Act of 2002.
Swaran Singh Committee recommended
the idea of including
charter on Duties.
Prohibition
This writ is issued by the Supreme
Court or a High Court to
an inferior court forbidding the
latter to continue proceedings
in a case in excess of its jurisdiction
or to usurp a jurisdiction
with which it is not legally
vested.
The Supreme Court exercise
the power to issue writs under
Article 32 and High Court applies
such a power under Article
226 of the Constitution
Supreme Court & High Court
alone have power to issue
writs.
Fundamental Duties
(Article 51-A)
The Fundamental Duties of
Indian citizens were incorporated
in the Constitution by
42nd Amendment in 1976 to
curb subversive and unconstitutional
activities.
Fundamental Duties are modelled
on the Russian Constitution.
Under the new Article 51-A, a
list of ten duties are enumerated
.
1. To abide by the Constitution
and respect its Ideals and Institutions,
the National Flag &
the National Anthem.
2. To cherish and follow the noble
ideas which inspired our national
struggle for freedom.
3. To uphold and protect the
sovereignity, unity and integrity
of India.
266
Executive
The Constitution of
India states that the
Indian Executive is a
major branch of the
Parliamentary form of
government.
The President, Vice
President, Council of
Ministers, Governor
and Attorney General of
India are some of the
prominent heads in the
Executive Branch.
The President
The President is the head of
the Indian State.
He is also called the ‘de-jure’
head of the State.
He is the first citizen of India
and is the symbol of unity, integrity
and solidarity of the
nation.
Each and every executive action
is taken in his name,
though he has no direct power
over the execution of policies.
He is elected for a term of 5
years.
The President of India is the
Constitutional head of India.
The supreme commander of
the defence forces of India is
the President.
Powers of the President
Executive powers, Legislative
powers, Financial powers, Judicial
powers, Diplomatic powers,
Military powers and Emergency
powers.
The President of India represent
India in international forums,
sends and receives credentials
of Ambassadors and
High Commissioners.
The President summons, prorogues
the House of
Parliament and dissolves the
Lok Sabha.
The President has the power
to nominate 12 members to the
Rajya Sabha and 2 members of
the Anglo- Indian community
to the Lok Sabha.
Presidential assent is essential
before a bill becomes an Act.
If the President returns a bill to
the parliament for reconsideration,
the passage of the bill by
ordinary majority will compel
him to give his assent.
It is the Parliament that passes
the state budget during the
President's rule in a state.
The President has the power
to legislate by ordinance at a
time when it is not possible to
have a parliamentary enactment.
But to become an Act,
the ordinance should be
passed within six weeks of reassembly
of Parliament
In the Constitution of India,
the power of dissolving the
Lok Sabha rests with the President.
The term of office of the President
is five years unless he is
removed by impeachment or
resigns before expiry of the full
term. He is eligible for re-election.
Most important legislative
power of the president is the
Ordinance making power (Art
123).
An ordinance made when both
the houses are in session is
void.
The maximum life of an ordinance
can be six months and
six weeks in case of non approval
by the Parliament.
At present the President's salary
is fixed at Rs. 1,50,000 and
he is eligible for other allowances
charged on Consolidated
Fund of India.
Election of the
President (Art. 54)
The President of India is elected by
an electoral college consisting of the
following members.
Elected members of both the
Houses of Parliament.
Elected members of the Legislative
Assemblies of the States.
Elected members of the Legislative
assemblies of the Union
Territories of Delhi and
Pondicherry.
The nominated members of the
State Legislative Councils and
the nominated members of the
legislative assemblies of Delhi
and Pondicherry do not participate
in his election.
The election is done on the
bases of proportional representation
by single transferable
vote.
The value of the vote of an
MLA is decided as follows.
Value of the vote of an MLA =
Total population of state
Total number of elected
members in the State
Legislative assembly
1
1000
The value of the vote of an
267
The value of the vote of an
MP can be decided as follows
Value of the vote of an MP=
Total population of votes
of all MLA' s of all States
Total number of elected
members of Parliament
A candidate, in order to be declared
elected to the office of
President, must secure a fixed
quota of votes.
The quota of votes is determined
by dividing the total
number of valid votes polled
by the number of candidates
to be elected, plus one and
adding one to the quotient
electoral quota =
Total number of valid
votes polled
1+1 = (2)
1
It is also provided in the Constitution
that the candidate to
be declared elected as President
must receive more than
50% of the polled valid votes.
To be a candidate for the office
of the President, nomination
must be proposed by
atleast 50 elected members and
to be seconded by another 50
electors. This procedure was
introduced during the Presidential
election in 1997, when
Mr. K. R. Narayanan was
elected.
Art 74 - The executive powers
are to be exercised by the President in accor -
dance with the advice of the Prime Minister and Council
of Ministers.
Ar ticles 54 and 55 of th e Indian Constitution laydown the
pr ocedure for electing the President.
President has no veto power in respect of constitutional
Amen dment bill 24th Amen dment 1971 made it obligatory
for the President to give h is assen t to the
constitutional Amendment Bill.
Qualifications
Citizen of India.
Not less than 35 years of age.
Qualified for election as member
of Lok Sabha.
Not holding any office of profit
under the government.
Not a member of Parliament.
Prime Minister, Union Ministers, Attorney - General,
Comptroller and Auditor General, Judges of the Supreme
Court and High Courts, Governor of a state, UPSC Chairman,
Chief Election Commissioners, Ambassadors, Deputy
Chairman of members of planning commission etc. are
appointed by President.
Any dispute regarding the
election of the president or
vice-president is decided by
the Supreme Court under article
71 of the Constitution.
The procedure for
impeachment (Art. 61)
The President can be removed
from office by adopting an address
by not less than 2/3
rd
majority of the members of the
House and to be approved by
a similar majority of the members
of the other house.
The President can also be removed
from office on the
ground of violation of Constitution
by the process of impeachment
(Article 61) by giving
14 days notice signed by
atleast 1/4 th of the member of
the House (either Rajya Sabha
or Lok Sabha).
14 days notice to be given to
the President in writing by either
house signed by not less
than one-fourth of the total
number of the house which
has made the charges.
After 14 days, a resolution has
to be passed in the same house
with a 2
3 majority of the total
strength of the house.
Then the other House shall investigate
the charges.
Meanwhile the President has
the right to be represented in
such investigation.
If after the investigation, a
resolution is passed by 2
3
majority of the total strength
of the House (investigating)
the president stands impeached.
If a sudden vacancy occurs
due to resignation, death or
impeachment, the elections are
held within six months and the
Vice-President acts as President
till new President assumes
office.
268
Powers
He is the Chief Executive head
of the Indian Union and Supreme
Commander of the armed forces.
His powers can be classified as under.
Executive Powers
He appoints the senior officials
of the state like the Prime Minister,
Ministers, Attorney General, Comptroller
and Auditor General, Chief
Justice, Judges, Governors, Financial
Commissioner, UPSC members.
Chief Election Commissioner and
other Election Commissioners. All
executive action is taken in his
name. All Union territories are under
the President of India.
Legislative Powers
Nominates 12 members of the
Rajya Sabha from amongst the
persons having special knowledge
or practical experience in
respect of literature, science,
art and social service.
He nominates two members to
the Lok Sabha from the Anglo-
Indian community.
Summons and Prorogues the
Parliament and dissolve the
Lok Sabha.
He addresses the Parliament at
the commencement of the first
session after each general election
and the first session of
each year.
He summons a joint sitting of
both the houses of Parliament
which is President over by the
Speaker of the Loksabha.
Assents or with holds his assents
to any Bill passed by the
Parliament or return the bill (if
its is not a money bill or a Constitutional
Amendment Biill) for
reconsideration of the Parliament.
According to article 123, President
can promulgate ordinaces
when both the Houses of the
Parliament are not in session.
These ordinances must be approved
by the Parliament
within the six weeks of its reassembly.
The ordinance can
be effective for a maximum period
of six months and six
weeks.
Financial Powers
Sanctions introduction of
money bill in the Parliament.
The President lays the Union
budget before the Parliament.
To meet the unfore seen expenditure,
the President can make
advance out of the contingency
fund of India.
Judicial Powers
He can grant pardon, reprieve,
remit the sentences or suspend
remit or commute punishment.
He appoints the Chief Justice
and Judges of Supreme Court
and High Courts.
Veto power of the President
(Art. 111)
When a bill is presented to President
for his assent, he may give his
assent, may withhold his assent, or
may return the bill.
The objective of veto power is
to prevent hasty and ill-considered
legislation and to prevent
a legislation which may be unconstitutional.
There are four
types of veto — Absolute veto,
Qualified veto, Suspensive
veto, Pocket veto.
President of India enjoys the
exercise of absolute veto, suspensive
veto and pocket veto.
Absolute veto: It is the power
of the President to withhold his
assent to a bill and the bill does
not become an act.
It is used in two cases, with
respect to private member’s bill
and the government bill when
the cabinet resigns and a new
cabinet advises the president
not to give assent to that bill.
Examples are, in 1954, Dr.
Rajendra Prasad withheld his
assent to the PEPSU Appropriation
Bill.
In 1991, R. Venkataraman withheld
his assent to the Salary,
Allowances and Pension of
members of Parliament Bill.
Suspensive veto: It is exercised
when the president returns the
bill for reconsideration.
If the Parliament sends back
the bill with or without amendments,
it is obligatory for the
president to give assent.
This veto is not exercised in
the case of money bill because
money bill is introduced in the
parliament on the recommendation
of the president.
Pocket veto: It is the power of
the president not to take any
action on the bill, pending it
for an indefinite period. Examples
are in 1986, Zail Singh
exercised the pocket veto with
respect to Indian Post Office
(Amendment) Bill.
The 24th amendment act of
1971 made it obligatory for the
president to give his assent to
a constitutional amendment
bill.
Emergency
The Constitution of India provides
for three types of Emergencies:
arising out of civil war, external
aggression or armed rebellion
(Article 352);
269
arising out of failure of Constitutional
machinery in the States
(Article 356);
arising due to financial crisis
(Article 360).
National Emergency Under
Article 352
The Emergency is declared by
the President.
During the emergency the State
can suspend the fundamental
rights conferred in Part III of the
Indian Constitution.
Any proclamation by the President
is valid only for one month
unless it is approved by both
houses of the Parliament.
An emergency provision, unless
revoked, ceases to operate
on the expiration of a period of
six months.
Emergency due to failure of
constitutional machinery in states
Article 356 (1) states that if the
President on receipt of a report from
Governor of a State, or otherwise,
is satisfied that a situation has
arisen in which the government of
the State cannot be carried in accordance
with the provisions of the
Financial Emergency
(Article 360)
The Constitution provides
that if there is a financial crisis
in the country or in any part of
the country, the President can
declare a Financial Emergency.
This type of Emergency so far
has never been declared.
Constitution, he can proclaim this
emergency. The President may do
the same when any State has failed
to comply with, or to give effect to,
any directions given by the Union
(Article 365).
Justice M. Hidaytullah is the
only person to perform the
functions of the President
two times in two different
capacities, the first time in
1969 being the Chief Justice
of the Supreme Court and the
second time being the Vice-
President of India in October
1982.
In the History of Presidential
elections, V.V. Giri is the only
person who won the election
First Presidential election – 1962, to elect Dr. Radha Krishnan
First acting President – V.V. Giri
Longest term in office – Dr. Rajendra Prasad (12 years)
Shortest term in Office – Dr. Zakir Hussain
Oldest President in Office – R. Venkata Raman (76 years)
Youngest president in office – Neelam Sanjiva Reddy (64 years)
Acting Presidents – V.V. Giri, Justice Mohammad Hidayatullah, B.D. Jatti.
Died while in office – Dr. Zakir Hussain, Fakhruddin Ali Ahmed.
Only Chief Justice to act as president – Justice Hidayatullah.
42nd amendment states that the President is bound by the advice of the council of
ministers.
44th amendment states that the President can ask the council of ministers to reconsider
its advice.
Disputes regarding presidential/vice-presidential election are decided by the Supreme
Court.
The Rashtrapati Bhavan
official residence of the President of India
The Rashtrapati Bhavan is the
official residence of the President
of India, located in New Delhi.
Until 1950 it was known as
"Viceroy's House" and served as
the residence of the Viceroy of
India. It is at the heart of an area
known as Lutyens' Delhi. It is the
largest residence of any Head of
the State in the world.
270
of the President as an
independent candidate in
1969.
In July 1977, Neelam Sanjeeva
Reddy was elected
unopposed as no one else
filled nomination for the post
of the President.
The Vice President
The Vice-President of India is
the second-highest ranking
government official after the
President.
Vice President is the ex-officio
Chairman of the Rajya Sabha.
Article 63 of the Constitution
of India provides for a Vice-
President.
The office of Vice President is
modelled on the times of American
vice-president.
Vice President is elected by
an electoral college of members
of both the Houses
(Rajya Sabha and Lok
Sabha) of the parliament by
single transferable vote by
secret ballot of the Parliament.
Nomination of the candidate
for election to the office
of Vice-president must
be subscribed by atleast 20
electors as proposers and
20 electors as seconders.
The Vice President shall act as
the President during the latter’s
absence.
The term of Vice President is 5
years.
If the President resigns or dies
in office the Vice President
shall act as the President for a
maximum period of 6 months
and before the end of that period
a new President will be
elected.
Vice Presidents VV Giri and
B.D. Jatti acted as President.
A formal impeachment is not
required for the removal of Vice
President. He can be removed
by a resolution of the Rajya
Sabha passed by an absolute
majority (ie. a majority of the
total members of the House)
and agreed to by the Lok
Sabha.
Krishna Kant was the first Vice
President to die in office.
Election is the only constitutional
remedy on the death of
a Vice President. There is no
provision for temporary filling
of the post. The most important
duty of the vice president
is to act as the Chairman of
Rajya Sabha.
Vice President draws his regular
salary in the capacity as the
ex-officio Chairman of the
Rajyasabha.
Present salary is Rs.1,25,000
per month.
However when he acts as the
president, he can enjoy the
salary and allowance of the
President.
Vice President is also eligible
for re election to that office. He
may be elected for any number
of times (Dr. S. Radha Krishnan
was elected for a second term).
Removal of Vice-President
He can be removed by a resolution
of the Rajya Sabha
passed by an absolute majority.
(Majority of the total members
of the House).
This resolution however must
be agreed to by the Lok Sabha.
Before moving such a resolution
a 14 days advance notice
has to be given.
The vice-president can hold
office beyond his term of five
years until his successor assumes
charge.
He is also eligible for re-election
(Dr. S. Radhakrishnan was
elected for a second term).
Officials Term of Salary
Emoluments Office (per month)
President 5 years 1,50,000
Vice President 5 Years 1,25,000
Governor 5 years 1,10,000
Chief Justice of the 5 years/Till he attains 1,00,000
Supreme court the age of 65 years
(which comes first)
Judge of the 5 years/ Till he attains 90,000
Supreme Court the age of 65 years
(which comes first)
Chief Justice of the Till he attains 90,000
High Court the age of 62 years
Judge, Till he attains 80,000
High Court the age of 62 years
271
Functions
Chairman of Rajya Sabha
Presides over the meetings of
Rajya Sabha.
Maintains decorum and decency
in Rajya Sabha.
Allots time to members to
speak.
He is not a member of Rajya
Sabha.
Makes use of casting vote (in
case of tie).
Acts as President in case of vacancy
in the presidential office
for a maximum period of 6
months. (Then he does not do
his functions as the chairperson
of Rajya Sabha).
The constitution however has
not assigned any significant
function to the vice-president
in that capacity.
This office in actuality was created
with a view to maintain the
political continuity of the Indian
State.
With regard to emoluments the
constitution has not fixed any
amount for the Vice-President
in that capacity.
Qualifications
Citizen of India. More than 35
yrs of age. Possess the qualification
for membership of Rajya
Sabha. Not hold any office of
profit under union, state or local
authority. However, for this
purpose, the President, Vice-
President, Governor of a State
and a Minister of the Union or
a State, are not held to be holding
an office of profit.
Comptroller & Auditor
General (Article 148)
Comptroller and Auditor General
(CAG): Appointed by the
President. He holds the office
for 6 years or till he attains the
age of 65, which ever is earlier.
Procedure of removal of Comptroller
and Auditor General and
Supreme Court judge is same.
Both of them are removed by
the President, on recommendation
of both the Houses of Parliament.
Comproller and Auditor General
of India
Vinod Rai
Main Function of CAG is to
monitor the expenditure, or in
other words he can be called
the guardian of public purse.
In case of state, the report is
submitted before the Governor.
The Constitution provides for
the Comptroller & Auditor General
the guardian of public finances
and to serve as the Chief
Accounts Officer of the
Govrnment of India. He is a senior
administrative official appointed
by the President, retiring
at 65 years.
Removal by the President only
in accordance with the procedure
mentioned in the Constitution.
Thus he does not hold
his office till the pleasure of the
President, though he is appointed
by him.
CAG is not eligible for further
office either under Government
of India or of any state, after
he ceases to hold his office.
His salary and other service
conditions are determined by
the Parliament. His salary is
equal to that of Judge of the
Supreme Court.
His primary functions are:
To examine and satisfy that the
money allotted by the Parliament
to the various departments
through the budget has
been properly spent.
To present the proforma in
which the accounts of the governments
should be shown.
To direct, supervise and control
the activities of Accountant
General in states whose
duty been to examine and satisfy
that the money allotted by
the legislative assembly of the
state to various departments is
to be properly spent.
To secure as the Friend, Philosopher
& Guide of the Public
Accounts Committee of the
Parliament.
CAG submits three Audit reports
to the President - Report
on appropriation accounts,
Audit Report on final accounts,
Audit Report on Public
undertakings.
CAG is an agent of Parliament
and conducts audit of expenditure
on behalf of the Parliament.
Therefore, he is responsible
only to Parliament.
Attorney General (Art. 76)
Art. 76 provides for the officer
of the Attorney General of
India.
Give advice to the Govt. on
legal matter when referred to
him by the President.
He appear in the Supreme
Court on behalf of the Govt. of
India.
Highest law officer of India.
Appointed by the President.
He must be qualified to be
appointed as judge of the
Supreme Court.
272
Usually he resigns when the
Govt. resigns or replaced.
His remuneration is not fixed
but determined by the
President.
Has the power to speak and
take part in the proceedings of
the parliament, without the
right to vote.
Present A.G.: Goolam E.
Vahanvati
The Prime Minister
The Prime Minister is appointed
by the President [Article
75 (1)]
Prime Minister is the real executive
authority (de facto executive)
The President invites the
leader of the majority party or
the leader of the coalition to
form the Government.
India, as a Parliamentary democracy,
the real power vests
in the hands of Prime Minister.
The Council of Ministers in
India is presided over by the
Prime Minister.
The Prime Minister is the exofficio
Chairman of the Planning
Commission.
The Prime Minister is the
leader of the Lower House of
the Parliament.
President can appoint only
those persons as ministers
who are recommended by the
Prime Minister.
Pandit Jawaharlal Nehru had
the longest tenure as Prime
Minister for nearly 17 years
and Vajpayee the shortest (13
days).
Article 74 (1) state that the Prime
Minister shall be 'at the head'
of the Council of Ministers.
As a chairman of the cabinet,
he summons its meeting and
presides over them.
The resignation or death of an
incumbent Prime Minister automatically
dissolves the council
of ministers. But the resignation
or death of any other
ministers merely creates a vacancy
which the Prime Minister
may or may not like to fill.
The position of the Prime
Minister in the Council of
Ministers is described as
Primus Inter Pares i.e. first
among equals.
Article 78 expounds the duties
and functions of the Prime
Minister.
He advises the President with
regard to the summoning and
proroguing of the sessions of
the Parliament.
In relation to the Parliament
He is usually leader of the
lower house.
He influences the foreign
policy of the country.
He meets various people and
listens to their problems.
He is the leader of the party in
power.
He is the political head of the
Civil Services.
In relation to the President
He is the channel of communication
between the President
and the Council of Ministers.
He advises the President with
regard to the appointment of
important officials like Attorney
General, Chairman and
members of UPSC, Election
Commissioners, Chairman and
members of Finance Commission
etc.
Youngest Prime Minister of India: Rajeev Gandhi
The Prime Minister who ruled for the shortest term: Charan Singh
Oldest to be the Prime Minister. Morarji Desai
First woman prime minister of India: Indira Gandhi
(Sirimavo Bandaranaika of Sri Lanka was the first woman prime
minister in the world).
Prime Minister who did not face parliament: Charan Singh
First acting Prime Minister: Gulzarilal Nanda (Interim PM on two
occasions - After the demise of Jawaharlal Nehru and again after
the sudden demise of Lal Bahadur Sasthri)
Longest term as Prime Minister: Jawaharlal Nehru
Shortest term as Prime Minister: A.B. Vajpayee
First Bachelor Prime Minister: A.B. Vajpayee
First minority Government: V.P. Singh government
First non-Congress government: Morarji Desai government
(Janatha Party)
Prime Minister is
the ex-officio Chairman of
the Planning Commission,
National Development Council,
National Integration
Council and Inter-state
Council.
273
First Union Cabinet (Important Persons)
Prime Minister ................................................. Jawaharlal Nehru
Deputy Prime Minister .......................................... Vallabhai Patel
Home Minister ...................................................... Vallabhai Patel
Finance Minister ..................................... RK.Shanmugham Chetti
Industry Minister ............................................M. Visweswaraiha
Defence Minister .................................................... Baldev Singh
Railway Minister ......................................................... L.B. Sastri
External Affairs Minister ................................... Laxmi N. Menon.
Education Minister .........................................Abdul Kalam Azad
Health Minister ..... Rajkumari Amrit Kaur (Princess of Kapurthala)
Law Minister .................................................. Dr. B.R. Ambedkar
Non Congress Member in the First Council of Ministers.
Ambedkar, Shyama Prasad Mukerjee, John Mathai, C.H.
Bhabha, Shanmugam Chetti.
FIRST IN INDIA
• First Budget of Free India
By R.K. Shanmukhan Chetty in
1947, Nov. 26
• First General Budget presented
by C.D. Deshmukh on May
23, 1952
• First dissolution of Lok Sabha.
4th Lok Sabha in 1971.
• First Rajya Sabha adjournment
In December 1995 for want of
quorum (25 members need for
a sitting)
• Most confidence motions.
11th Lok Sabha saw four confidence
motions
• First Speaker to address the
House - P.A. Sangma
• First vice chairman of Rajya
Sabha: S.V. Krishnamoorthy
(1952)
• Longest term as Rajya Sabha
chairman:Dr. S. Radhakrishnan
(1952 - 1962)
• First woman General Secretary
of Rajya Sabha : V.S. Rama Devi
• Longest tenure in one port folio
: Rajkumari Amrit Kaur
(Health Minister ) 1947-1957
In relation to the
Council of Ministers
He recommends ministers to
the President.
He allocates and reshuffles
various portfolios among
ministers.
He may ask a minister to resign
or advice the President
to dismiss a minister.
He presides over the meeting
of the Council of Ministers.
He guides, directs and controls
the Council of Ministers.
He may bring the collapse of
the Council of Ministers by
resigning. LEGISLATURE
Union Council of Ministers
In India there are two types of executives:
1. constitutional or ceremonial (President)
2. the real executive namely the Union Council of Minister headed by
Prime Minister.
Our system of government is called as parliamentary because the real
executive namely the Union Council of Minister emerges out of parliament
and is answerable and responsible to it, it shall continue in
office so long as it continues to command the majority of the house
and shall go out of office if it loses its majority there.
Article 74 - says that the President shall exercise his power on the
aid and advice of the union council of ministers with the Prime Minister
as its head.
In case, a no -confidence motion is passed against any minister, the entire
Council of Ministers resign.
A minimum of 50 members support is required to present a no-confidence
motion in the floor of the house.
In India, there are 3 types of Ministers in the Union Council of Ministers
namely, the Ministers with Cabinet rank, Ministers of the State
and the Deputy Ministers.
The Cabinet consists of the Prime Minister and other cabinet ranking
ministers and its meeting are presided over by the President.
The salaries and allowances of ministers are determined by Parliament
from time to time.
The Primary function of the union council of ministers include supervision
of the day to day administration of the country, preparation of
the bills and the budget, answering questions raised on the floor of
the house, advising the President on the matter of administration etc.
When the Lok Sabha passes a no-confidence motion against the
council of ministers all the ministers have to resign including those
ministers who are from Rajya Sabha.
274
Cabinet vs Council of Ministers
Council of ministers Cabinet
It is a wider body consisting of 60 to 70 ministers.
It includes all the three categories of ministers,
that is, cabinet ministers, ministers of state, and
deputy ministers.
It does not meet, as a body, to transact government
business. It has no collective functions.
It is vested with all powers but in theory.
Its functions are determined by the cabinet.
It implements the decisions taken by the cabinet.
It is a constitutional body, dealt in detail by the
Articles 74 and 75 of the Constitution. Its size
and classification are, however, not mentioned
in the Constitution. Its size is determined by
the prime minister.
It is collectively responsible to the Lower House of
the Parliament.
It is a smaller body consisting of 15 to 20 ministers.
It includes the cabinet ministers only. Thus, it is
a part of the council of ministers.
It meets, as a body, frequently and usually once
in a week to deliberate and take decisions regarding
the transaction of government business.
Thus, it has collective functions.
It exercises, in practice, the powers of the council
of ministers and thus, acts for the latter.
It directs the council of ministers by taking policy
decisions which are binding on all ministers.
It supervises the implementation of its decisions
by the council of ministers.
It was inserted in Article 352 of the Constitution
in 1978 by the 44th Constitutional Amendment
Act. Thus, it did not find a place in the original
text of the Constitution.
It enforces the collective responsibility of the
council of ministers to the Lower House of Parliament.
275
THE PARLIAMENT OF INDIA (THE UNION LEGISLATURE )
The Parliament is the highest law making body of India and is
bicameral with two houses namely (i) Lok Sabha (House of
people) (ii) Rajya Sabha (Council of States)
The Lok Sabha is also known as the “House of the People” or
the Lower house.The Rajya Sabha is also known as “Council of
States” or the Upper house. Unlike Lok Sabha, it is not subject to
dissolution. Three sessions of Lok Sabha take place in a year:
Budget session: February to May, Monsoon session: July to
September, Winter session: November to December.
The term Parliament originated from the French word 'parler'
which means 'to discuss', 'to talk' etc.
Lok Sabha (Art. 81)
It is the third integral part of
Indian Parliament. It is also
known as the lower house, first
chamber or popular House. It
represents the people of India
as a whole.
The Lok Sabha held its first
sitting on May 13, 1952
A non member of the house
(Lok Sabha) can also be nominated
as the Prime Minister on
condition that he should
qualify to become a member of
either house of parliament
within a period of 6 months.
The Lok Sabha can be dissolved
by The President.
A person can be debarred from
taking his seat in the house if
he has been absent without the
permission of the House for
more than 60 days.
The Lok Sabha is the lower
house or the first chamber and
Rajya Sabha is the upper house
or the second chamber.
The first no confidence motion
moved in the Lok Sabha after
Independence was in 1963.
The Present Lok Sabha is the
14th, the total members is 545.
(530 from states, 13- from union
territories, 2 from Anglo Indian
community).
A recent legislation by Parliament
has fixed that upto 2026
the existing number of the
members of the Lok Sabha
should not be raised and that
this figure shall continue.
Constitutionally the maximum
number in Lok Sabha is 552
(530 from states, 20 from UTs,
2 from Anglo Indian community
= 552)
Population is the basis of Lok
Sabha constituencies. A constituency
is for 10 lakh voters.
But it is difficult to keep this
limit.
The Lok Sabha is popularly
elected whereas the Rajya
Sabha is indirectly elected and
nominated.
The 61st Amendment (1989) reduced
the voting age from 21
years to 18 years.
A member of Lok Sabha must
have the following basic qualifications.
He must be a citizen of India.
Must be 25 years of age.
Must possess qualifications
prescribed by the Parliament.
The major functions that the
Lok Sabha does are
Enactment of Laws.
Passing of Vote of
Confidence.
Controlling the finance of
the Union Government
Eliciting information by
asking questions and
supplementories.
Moving of adjournment
motion and criticize the
Government
Impeachment of the
President.
Introduction of the
Money bill with the prior
permission of the
President.
The Lok Sabha has its own TV
channel, Lok Sabha TV, headquartered
within the Parliament
premises.
Lok Sabha General Election
1st Lok Sabha ..................... 1951
2nd Lok Sabha .................... 1957
3rd Lok Sabha .................... 1962
4th Lok Sabha .................... 1967
5th Lok Sabha .................... 1971
6th Lok Sabha .................... 1977
7th Lok Sabha .................... 1980
8th Lok Sabha .................... 1984
9th Lok Sabha .................... 1989
10th Lok Sabha ................... 1991
11th Lok Sabha ................... 1996
12th Lok Sabha ................... 1998
13th Lok Sabha ................... 1999
14th Lok Sabha .................. 2004
15th Lok Sabha ................... 2009
276
Rajya Sabha (Article 80)
The Rajya Sabha was first constituted
on April 3, 1952.
Rajya Sabha is also known as
upper house, second chamber,
or the House of Elders.
The time - gap between two
sessions of Parliament must
not exceed 6 months
The name “Rajya Sabha” was
adopted by the Council of
States in 1954.
The Fourth Schedule of the
constitution deals with the allocation
of seats in the Rajya
Sabha to the States and Union
territories.
The Council of States (the upper
house) is composed of not
more than 12 members nominated
by the President and not
more than 238 representatives
of the States and the Union
Territories elected by the
method of indirect election.
Total number of members is
250.
Rajya Sabha cannot be dissolved.
It is a permanent body.
Its one-third members retire
Functions of the Parliament
The most important function of the Parliament is to legislate i.e,
make legislations for the development which benefits the society.
The second most important function is to exercise control over the
Executive.
The Parliament provides the Council of Ministers as the Ministers
are the Members of the Parliament.
It has financial control over the Executive. The Parliament is the sole
authority to raise taxes.
It provides an opportunity to deliberate on various policies and
measures before their implementation. Thus, the Parliament is also
an authoritative source of information, collected and disseminated
through the debates and through the specific medium of Questions
to the Ministers.
The original Constitution, under Art. 83, envisaged the normal
tenure of the Lok Sabha to be 5 years. However, Parliament by 42nd
Amendment extended it to six years, but the 44th Amendment Act
again fixed the original normal tenure of five years.
Presiding Officers
Both Houses of Parliament
have their respective
presiding officers.
Lok Sabha has the Speaker,
the deputy speaker and
panel of chairpersons.
Rajya Sabha on the other
hand has a Chairman, a Vice-
Chairperson and a panel of
Vice- Chairpersons.
after every two years and the
same number of members are
elected after every two years.
The members of Rajya Sabha
are elected for a term of six
years.
Chairman of the Rajya Sabha
can be removed from his office
only if he is removed from the
office of the Vice President.
Each state get a representation
in Rajya Sabha on the basis of
its population of the previous
census.
Puducherry and the NCT of
Delhi are the UTs having
representation in the Rajya
Sabha. Puducherry has one
member and Delhi has three.
UP has the largest membership,
i.e, 31
Rajya Sabha can exercise a special
power in relation to a subject
included in the state list.
Deputy Chairman of
Rajyasabha K. Rahman Khan
Chairman
The Vice-President of India is
the ex-officio chairman of the
Rajya Sabha. He presides
over the proceedings of the
Rajya Sabha as long as he
does not act as the President
of India during a vacancy in
the office of the President.
Deputy Chairman
The Deputy Chairman is
elected by the Rajya Sabha
from amongst its members. In
the absence of the Chairman,
Deputy Chairman presides
over the functions and
proceedings of the House.
Panel of Vice Chairpersons
The Chairman of the Rajya
Sabha nominates a panel of
Vice- Chairpersons under the
Rules of Rajya Sabha.
Any one of them can preside
over the house, when both
chairman and vice- chairman
are absent.
277
Speaker
The Presiding officer of the
Lower House is the Speaker.
The Speaker is the ex-officio
chairman of the Business Advisory
Committee and the
Rules Committee.
The Speaker is elected by the
members of the Lok Sabha from
among themselves.
If the office of the speaker falls
vacant the Lok Sabha elects
another member. The date of
election of Speaker is fixed by
the President.
He resigns by writing to the
Deputy Speaker.
If there is a dead lock between
the two houses in passing a
bill other than a money bill, the
President shall call for a joint
sitting of the two houses for
resolving the difference and in
such a joint sitting the Speaker
shall preside the meeting.
Normally the Speaker has no
right to vote in the house, but
he can exercise a casting vote
if there is a tie in passing a bill,
resolution etc.
Whenever LokSabha is dissolved,
the speaker does not
vacate his office and continues
till the newly elected Lok
Sabha meets.
Speaker decides whether a bill
is a money bill and his decision
in this question is final.
He decides the questions of
disqualification of a member of
the Lok Sabha on the ground
of defection under the provisions
of the Tenth Schedule.
In the absence of the Speaker,
the Deputy Speaker shall exercise
his duties and that he is
Lok Sabha Constituencies in states
Delhi (State) ........................................................................ 7
Andhra Pradesh ................................................................. 42
Arunachal Pradesh .............................................................. 2
Assam ............................................................................... 14
Bihar .................................................................................. 40
Chandigarh (Union Territory) ............................................... 1
Chhattisgarh (State) ........................................................... 11
Dadra and Nagar Haveli (Union Territory) ............................ 1
Daman and Diu (Union Territory) ......................................... 1
Andaman and Nicobar Islands (Union Territory) .................. 1
Goa ..................................................................................... 2
Gujarat ............................................................................... 26
Haryana ............................................................................. 10
Himachal Pradesh ................................................................ 4
Jammu and Kashmir ............................................................. 6
Jharkhand .......................................................................... 14
Karnataka ........................................................................... 28
Kerala ................................................................................ 20
Lakshadweep (Union Territory) ............................................ 1
Madhya Pradesh ................................................................ 29
Maharashtra ....................................................................... 48
Manipur .............................................................................. 2
Meghalaya .......................................................................... 2
Mizoram .............................................................................. 1
Nagaland ............................................................................ 1
Orissa ................................................................................ 21
Puducherry (Union Territory) ............................................... 1
Punjab ............................................................................... 13
Rajasthan ........................................................................... 25
Sikkim ................................................................................. 1
Tamil Nadu ......................................................................... 39
Tripura ................................................................................ 2
Uttarakhand ........................................................................ 5
Uttar Pradesh ..................................................................... 80
West Bengal ....................................................................... 42
Official D ocuments
Blue Book ......................................................... Britain
Grey Book ......................................... Japan & Belgium
Green Book ........................................ Italian & Persian
Orange Book ............................................ Netherlands
White Book ....................................... Portugal & China
Yellow Book ..................................................... France
White Paper ........................................................ India
278
Comparison between Rajya Sabha and Lok Sabha
Rajya Sabha
1. It is t he Cou nci l of the Upper House of Parliament.
2. Maximum strength is 250. 12 members who
have distinguished themselves in art and culture
are nomina ted by the President.
3. To become a member, a candidate must be over
30 years old.
4. The Vice Presiden t presides over the Ra jya
Sab ha.
5. Members of the Rajya Sabha have a tenure of
six years. One third of its members retire every
two years.
6. It is a permanent body. It has no power over a
money bill.
At the most it can withhold the money bill for
over 14 days.
Lok Sabha
1. It is the C ouncil of the Lower Hou s e of Parliament.
2. Maximum strength is 552, out of which 530
represent the states an d 20 represent Union
Territories. 2 members are nominated from the
Anglo-Indian community.
3. To become a member one must not be below
25 years.
4. The Presiding Officer is the Speaker.
5. The Lok Sabha usually has a tenure of five
years.
6. The Lok Sabha can be dissolved by the Presid
en t.
Money bills are introduced only in Lok Sabha.
It is the Speaker of Lok Sa bha who decides
whether a bill is a money bill or not.
elected by the members of the
house from among themselves.
Second Lok Sabha speaker to
die in harness - G.M.C
Balayogi. First one to die in
harness was the first speaker
G.V. Mavlankar.
The Speaker derives his power
from the consitution, the Rules
of Procedure and conduct of
business of Lok Sabha and
Parliamentary Conventions.
The term of the Speaker is from
the date of election to that office
to the date of the commencement
of the first session
of the new parliament.
The speaker tenders his resignation
just before the beginning
of the first session of the
new parliament.
The early termination of the
Speaker’s tenure can be brought
in by three factors.
If he ceases to be a member of
the Lok Sabha.
If he resigns by writing to the
deputy Speaker.
If he is removed by the resolution
passed by a majority of the
members of Lok Sabha (14 days
notice with a support of 50
members).
Whenever the house meets to
remove the Speaker, he cannot
preside over the sitting of the
house.
However he may take part in
the proceedings and vote ( not
in case of equal vote).
Protem Speaker
Since the Speaker vacates his
office when the new Lok Sabha
meets, the constitution provides
that the President may
appoint a member as the
Speaker Protem (Usually the
senior most member).
The President himself administers
oath of office to him.
In the new Lok Sabha he administers
oath of office to the
newly elected members.
The major functions of the
Speaker are
To maintain order and decorum.
To interpret the provisions of (a)
the constitution, (b) Rules of
Procedure and conduct of Business
in the Lok Sabha, (c) the
Parliamentary conventions
within the house.
To adjourn or suspend the meeting
of the House.
To exercise casting vote in case
of tie.
To preside over joint sitting.
To allow a ‘secret’ sitting of the
House.
To decide the questions of disqualifications
of a member of
Lok Sabha.
To decide whether a bill is money
bill or not.
To act as the ex-officio chairman
279
of the Indian Parliamentary
Group of the Inter- Parliamentary
Union.
To appoint the chairman of all
the Parliamentary Committies of
Lok Sabha.
To act as the Guardian of the
privileges of Lok Sabha members.
Deputy Speaker
Deputy Speaker is also elected
by the Lok Sabha and his date
of election is fixed by the
speaker.
He assumes Speaker’s office in
the absence of the Speaker.
However he is not subordinate
to the Speaker because he is
directly responsible to the
House.
Panel of Chairperson : The
Speaker under the Rules of Lok
Sabha nominates a panel of ten
chairpersons.
Any of them may preside over
the House in the absence of
both Speaker and Deputy
Speaker.
However a member of this
panel cannot preside over the
House when the offices of the
Article 108: Joint Sitting of the Parliament
It is an extraordinary device to resolve a deadlock
between the two Houses over the passage
of a bill. It is the President who summons the
joint sitting and it is presided over by the Speaker
of Lok Sabha. This device is applicable to ordinary
bills and finance bills only. A deadlock over
bills comes into being in the following situations.
If the bill is rejected by the other House.
If the Houses have finally disagreed as to the
amendments to be made in the bill.
If more than six months have lapsed from the
Speaker and Deputy Speaker
fall vacant.
In this case the President may
appoint a person for presiding
over the House.
SESSIONS OF
PARLIAMENT
The President of India summons
each House of Parliament to meet.
The maximum gap between two
sessions of Parliament cannot
be more than six months.
Thus the Parliament meets twice
a year.
There are usually three sessions
in a year. (1) The Budget sessions
(February to May) (2) The
Monsoon sessions (July to
September) (3) The Winter Session
(November to December).
A session of Parliament is the
period spanning between the
first sitting of House and its
prorogation or dissolution.
There are various terms in relation
to the parliamentary sessions.
They are
Recess
It is the period, spanning between
the prorogation of a
House and its reassembly in a
date of receipt of the bill by the other house without
the bill being passed by it.
Article 108 of the Constitution makes provisions
for the Joint Sitting of both houses in order to
remove deadlock or differences between the two
houses with respect to ordinary bills.
Lok Sabha speaker presides over the joint sitting.
Since 1950, the provision regarding the joint sitting
of the two houses has been invoked only
three times for passing Dowry Prohibition Bill
1960, Banking Service Commission (Repeal) Bill
1977, POTA Bill 2002.
new session.
Adjournment
A sitting of Parliament can be
terminated by adjournment.
An adjournment suspends the
work in a sitting for specified
time which may be days or
weeks.
Adjournment Sine die
It means terminating a sitting of
Parliament for an indefinite period.
The Presiding officer usually
declares it when the business
of a session is completed .
Prorogation
It is the power of the President
to terminate a session of the
House.
It doesnot however affect the
bills pending before the House;
but the notices lapse.
Dissolution
Dissolution ends, the very life
of a House.
Rajya Sabha, being a permanent
body is not affected by it.
All bills, motions, resolution notices,
petitions, and its committees
lapse when the House
is dissolved.
Quorum
It is the minimum number of mem280
bers required to be present in
the House before it transacts
any business. Quorum is fixed
at one tenth of the strength in
each House (Lok Sabha -55,
Rajya Sabha-25)
Lame -Duck - Session
It refers to the last sessions of
the existing Lok Sabha after a
new Lok Sabha has been
elected.
Lame Ducks
It refers to those members of
the existing Lok Sabha who
could not get elected to the
new Lok Sabha.
Law making procedure of
Indian Parliament
Every bill before becoming law
has to undergo five stages
within the House of the Parliament.
The five stages are
Ist stage: At the first stage the
bill will be introduced by the
concerned minister and it will
be given first reading.
2nd stage: The bill is printed
and a copy of each is supplied
to the members of the house
and bill will be given the second
reading and will be followed
by a general discussion
of the bill.
3rd stage: The bill will be
passed on to a Select Committee
generally comprising of 15
to 30 members and this stage
is called Committee Stage.
4th stage: The committee collects
all data, interviews persons
and reports the bill back
to the house and this stage is
called Reporting Stage. At this
stage there is a thorough and
detailed discussion of the bill
and often every sentence is
passed with the approval of the
members and voted.
5th stage: This is the final
stage. The bill will be given a
third reading, oral amendment
can be introduced which may
or maynot be accepted and after
a general voting of the bill
it will be declared as passed
and the presiding officer of the
house shall sign it.
A similar process takes place
in the other house also and
then the bill will be presented
before the President for his
assent. Once the bill gets his
assent, it becomes an Act.
By a verdict given by a division
bench headed by former
Chief Justice V.K. Sabarwal the
parliament has given Supreme
power to oust MPs.
Budget (Article 112)
Budget is known as the,
Annual Financial Statement.
It is an estimate of all anticipated
receipts and expenditure
of the union for
the coming financial
year.
Budget is laid before
parliament in
the name of the
parliament.
It is the key responsibility
of
the Parliament to
pass the national
budget.
Budget is presented
on last working
day of February of
every year.
First budget of free India – by
R.K. Shanmukham Chetty on
November 26, 1947.
First General budget – by
C.D. Deshmukh on May 23,
1952.
First dissolution of Lok Sabha
– 4th Lok Sabha in 1971.
Railway Budget is prepared by
the Railway Minister and General
Budget is prepared by the
Finance Minister.
Line - item Budgeting, Performance
Budgeting, Programme
Budgeting and Zero-based
Budgeting are the types of
budgeting.
The financial year commences
in India on 1st April each year.
The Budget speech of the Finance
Minister is usually in
two parts. Part A deals with
general economic survey of
the country while Part B relates
to taxation proposals.
Vote on Account
(Art. 116)
This empowers the Lok Sabha to
make any grant in advance for a part
of any financial years to meet the
expenditure of the Govt. between the
introduction and passage of budget. It is
passed usually after the General discussion
on the Budget. Normally, the Vote on
Account is taken for two months only. But
during election year or when it is anticipated
that the main Demands and
Appropriation Bill will take longer time
than two months, the Vote on
Account may be for a period
exceeding two months.
281
Public Bill
1. It is introduced in the Parliament by a minister.
2. It reflects of the policies of the government
(ruling party).
3. It has greater chance to be approved by the
Parliament.
4. Its rejection by the House amounts to the
expression of want of parliamentary confidence
in the government and may lead to its
resignation.
5. Its introduction in the House requires seven
days’ notice.
6. It is drafted by the concerned department in
consultation with the law department.
Private Bill
1. It is introduced by any member of Parliament other
than a minister.
2. It reflects the stand of opposition party on public
matter.
3. It has lesser chance to be approved by the
Parliament.
4. Its rejection by the House has no implication on
the parliamentary confidence in the government
or its resignation.
5. Its introduction in the House requires one
month’s notice.
6. Its drafting is the responsibility of the member
concerned.
Public Bill vs Private Bill
March Rush
The financial grants lapse
at the end of financial year.
So, it leads to a heavy rush
of expenditure towards the
close of March 31st. It is
called March Rush.
The ‘Annual Financial Statement’
is laid on the Table of
Rajya Sabha at the conclusion
of the speech of the Finance
Minister in Lok Sabha.
Enactment of Budget
Stages
1. Presentation of Budget and
Budget Speech.
2. General discussion.
3. Voting on demands (general
budget has 109 demands, 103
for civil expenditure, 6 for
defence expenditure- Railway
budget has 32 demands.)
4. Passing of Appropriation Bill
5. Passing of Finance Bill.
Appropriation Bill
After the demands for grants
are approved by the Lok Sabha
an appropriation bill is
introduced in the House.
Appropriations out of the
Consolidated Fund of India can
be made only after the passage
of appropriation bill.
It may be noted that the
introduction of such bill is
never opposed in the Lok
Sabha.
Ordinary Bill
All the bills, other than
Financial Bills, Money Bills and the
Constitutional Amendment Bills are
ordinary Bills.
It can be introduced in
either house. It has to under go the
following stages.
1. First Reading : Title of the bill
is read and a speech is made.
2. Second Reading : The Principle
of the bill is discussed as a
whole.
3. Committee stage : The bill is
referred to the appropriate
committee.
4. Report stage : The committee
submits report to the House.
Voting takes place at this stage.
Amendment possible.
5. Third Reading : A general
discussion takes place. No
amendment is possible at this
stage.
Money Bill (Art. 110)
Conditions
1. Anything regarding tax and
taxation.
2. Regulation of the borrowing of
money by the Govt.
3. Custody of C.F.I. &
Contingency Fund.
4. Appropriation of money from
C.F.I.
5. Declaration of expenditure.
6. Custody of money
The Speaker decides if a bill is
a money Bill.
Money bill can be introduced
only in Lok Sabha.
Rajya Sabha has no say on
Money Bill and has to return
within 14 days.
282
Ordinary Bill
1. It can be introduced either in the Lok Sabha or the
Rajya Sabha.
2. It can be introduced either by a minister or by a
private member.
3. It is introduced without the recommendation of
the president.
4. It can be amended or rejected by the Rajya Sabha.
5. It can be detained by the Rajya Sabha for a
maximum period of six months.
6. It does not require the certification of the Speaker
when transmitted to the Rajya Sabha (if it has
originated in the Lok Sabha).
7. It is sent for the president’s assent only after being
approved by both the Houses. In case of a
deadlock due to disagreement between the two
Houses, a joint sitting of both the houses can be
summoned by the president to resolve the
deadlock.
8. Its defeat in the Lok Sabha may lead to the
resignation of the government (if it is introduced
by a minister).
9. It can be rejected, approved, or returned for
reconsideration by the President.
Money Bill
1. It can be introduced only in the Lok Sab and not
in the Rajya Sabha.
2. It can be introduced only by a minister.
3. It can be introduced only on the recommendation
of the president.
4. It cannot be amended or rejected by the Rajya
Sabha. The Rajya Sabha should return the bill with
or without recommendations, which may be
accepted or rejected by the Lok Sabha.
5. It can be detained by the Rajya Sabha for a
maximum period of 14 days only.
6. It requires the certification of the Speaker when
transmitted to the Rajya Sabha.
7. It is sent for the president’s assent even if it is
approved only by Lok Sabha. There is no chance
of any disagreement between the two Houses and
hence, there is no provision of joint sitting of
both the Houses in this regard.
8. Its defeat in the Lok Sabha leads to the resignation
of the government.
9. It can be rejected or approved but cannot be
returned for reconsideration by the president.
Ordinary Bill Vs Money Bill
Important Parliamentary Committees
The work of the Parliament is
made easy and efficient by the
operation of various committees.
There are various committees
functioning in the Parliament
particularly the Lok Sabha.
The leading committees of Lok
Sabha are listed below.
The Business Advisory
Committee
Concerned with planning and
regulation of the business of
the house.
Consists of 15 members.
Speaker of Lok Sabha is the exofficio
Chairman.
In the Rajyasabha the Business
Advisory Committee has
11 members including the chairman
as its ex-officio chairman.
The Rules Committee
It lays down and amends rules
of procedure for conducting
the functions of the house.
15 members are in the committee.
The ex-officio chairman - Speaker
of Lok Sabha.
In Rajyasabha the Rules committee
has 16 members including
the chairman as its ex-officio
chairman.
Parliamentary committees
are of two kinds
Standing Committee &
Adhoc Committees.
The Standing Committee
are permanent in
nature, whereas the
Adhoc Committees are
constituted for a
particular function and
get dissolved automatically
after the completion
of their work. The
principal Ad hoc
Committees are the
Select and Joint
Committees on Bills.
THE STANDING
COMMITTEES
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The Select Committee
A bill introduced in the house
at its committee stage goes to a
committee called Select Committee
and it is meant for a particular
bill. As soon as it completes
its entrusted work, the
committee is dissolved.
Committee on Petition
Examines petition made by the
member of the house and give
its opinion for remedial measures.
It has 15 members.
No minister can be its member.
Committee on Privileges
Primary purpose is to protect
the privileges or special rights
of the members of the house.
It has 15 members, nominated
by the Speaker.
Chairman: Deputy Speaker of
Lok Sabha.
Committee on Subordinate
Legislature
It ensures the rule making
power delegated to the ministers
and top officials is not misused
and that the executive
faithfully executes the law
passed by the Parliament.
15 members.
No minister can be a member
of this committee. It is constituted
every year.
Joint Committee on Offices of
profit
It examines the composition
and character of committees
and other bodies appointed
by the Central, State and Union
Territory.
It recommends whether person
holding these offices should
be disqualified from being
elected as members of Parliament
or not.
It has 15 members (10 from Lok
Sabha and 5 from Rajya Sabha)
Committee on empowerment
of Women.
It was constituted in 1997, 30
members (20 from Lok Sabha
and 10 from Rajya Sabha)
It considers the reports of the
National Commission for
women.
Committee on Public undertaking
Created in 1964 on the recommendation
of the Krishna
Menon Committee.
Originally it had 15 members (10
from Lok Sabha and 5 from the
Rajya Sabha). In 1974 membership
was raised to 22 (15 from
Lok Sabha and 7 from
Rajyasabha).
It examines and sometimes supervises
the functioning of
Government owned companies
or public undertaking including
their finances.
The Chairman of the Committee
on Public Undertaking is appointed
by the Speaker from the
Lok Sabha members elected to
the committee.
Every year, one fifth members
of the committee are retired and
new members are elected in
their place.
Committee on the Absence of
Members
It examines the leave application
of the members for their
absence from the house.
15 members.
Rajyasabha has no such committee.
Public Accounts Committee
(PAC)
The P.A.C committee was set
up first in 1921 under the provisions
of the government of
India Act of 1919.
Public Accounts Committee is
a joint committee consisting of
22 members (15 from L.S. & 7
from R.S.)
A member of the Council of
Ministers cannot be elected as
member of this committee.
The Chairman of the PAC shall
be the leader of the opposition
of the Lok Sabha.
The term of office of the committee
is one year.
Primary function of PAC are:
(i) To examine and satisfy the
money allotted by the Parliament
to the various departments
through the budget has
been properly spend and that
no public money is wasted.
(ii) To recommend the measures
to be taken for streamlining
public finance.
The Comptroller and Auditor
General of India serves as the
friend, philosopher and guide
of Public Accounts Committee.
Public Accounts
Committee and Estimate
Committee together called
the pillars of public finance.
They are the two eyes
which guard the public
finance.
284
Estimate Committee
Committee of 30 members (all
from Lok Sabha) are elected on
the principle of proportional
representation, for one year
term. A minister can't be elected
to the committee.
Its chairman is nominated by
the Speaker belongs to the
opposition in the Lok Sabha
However, if the Deputy
Speaker of the Lok Sabha, is
also a member of the Committee,
he automatically becomes
the Chairman of the Committee.
The functions of the Estimate
Committee is to scrutinize the
budget estimates for the year,
to suggest economy in expenditure,
improvement in
organisations and other
subjects to increase efficiency.
Public Accounts Committee,
Estimate committee and Committee
on Public Undertaking
are the three financial committees
of the Parliament.
Parliamentary Committees are
appointed by the respective
Houses themselves or by their
presiding officers.
The Speaker appoints the
Chairman of all the
Parliamentary Committees.
In addition to these committees
there are 17 Department Related
Committees. Its primary
function is to study in detail
the first part of the Budget
dealing with the expenditure of
the government which is introduced
normally on 20th February
every year.
Ad hoc Committees
The Railway Convention Committee
is an ad-hoc Committee. The
main function of the Committee is
to review the Rate of Dividend payable
by the Railways undertaking
to General Revenues as well as
other ancillary matters in connection
with the Railway Finance visa-
vis the General Finance and make
recommendations thereon.
The Committees on the Draft Five
Year Plans and the Hindi Equivalents
Committee were appointed for
specific purposes.
Department related committees
Out of the 17 Committees, 6 Committees are serviced by the Rajya Sabha
Secretariat and 11 Committees by the Lok Sabha Secretariat.
Rajya Sabha Committees
1. Committee on Commerce
2. Committee on Home Affairs
3. Committee on Human Resource Development
4. Committee on Industry
5. Committee on Science & Technology, Environment & Forests
6. Committee on Transport, Culture and Tourism.
Lok Sabha Committees
7. Committee on Agriculture
8. Committee on Information Technology
9. Committee on Defence
10. Committee on Energy
11. Committee on External Affairs
12. Committee on Finance
13. Committee on Food, Civil Supplies and Public Distribution
14. Committee on Labour and Welfare
15. Committee on Petroleum & Chemicals
16. Committee on Railways
17. Committee on Urban and Rural Development
General Purposes Committee
Members (In both Houses)
1. Speaker / chairman
2. Deputy speaker / deputy
chairman
3. Members of panel of chair
persons.
4. Chairperson of all departmental
standing committee.
5. Leaders of recognised parties
and groups in the House.
6. Such other members as
nominated by the perioding
officer.
Ethics Committee
Created in R.S ( Rajya Sabha )
in 1997.
Created in L.S. (Lok Sabha) in
2000.
It enforces the code of conduct
of members of Parliament.
Departmental Standing
Committees
In 1993, 17 D.S.C. (Dept.
Standing Committee) were
created.
Each committee has 45
members (30m from L.S.
nominated by speaker and 15
from R.S. nominated by the
chairman)
285
PARLIAMENTARY DEVICES AND MOTIONS
In a Parliamentary System Parliamentary
devices are of much importance
for the smooth running of
the Houses. They are :
Question Hour
The first hour of every parliamentary
sitting is alloted for
this.
During this time members ask
questions and the ministers
usually give answers.
According to the nature of the
answers they are classified into
(a) starred question (It requires
an oral answer and hence
supplementary questions can
follow. It is identified by an
asterik) (b) Unstarred question
(It requires a written answer
and hence supplementary
questions cannot follow) (c)
Short notice question.
Zero Hour
It is an Indian innovation and
has been in existence since
1962.
It is the time gap between the
question hour and the agenda.
It starts immediately after the
question hour and lasts until
the agenda for the day is taken
up.
Zero hour is an informal device
available to the MPs to raise
matters without any prior notice
because it is not mentioned
in the Rules of Procedure.
Half - an - Hour Discussion
It is meant for discussing a
matter of sufficient public importance.
The Speaker can allot three
days in a week for such discussions.
Short Duration Discussion
The members can raise it to
discuss on a matter of urgent
public importance.
It is also called two- hour discussion
as the time allotted for
it is two hours.
The Speaker can give two days
in a week for such discussions.
MOTIONS IN
PARLIAMENT
Discussions on matters of general
public importance are taken
up only if a motion is made to its
effect with the permission of the
presiding officer.
Closure Motion
It is moved by a member seeking
to cut short the debate on
a matter.
If adopted, the matter is immediately
put to vote.
They are of four kinds. (i)
Simple Closure : It is moved by
a member stating that the matter
having been sufficiently discussed
be now put to vote (ii)
Closure by compartment. The
clauses of a bill or a lengthy
resolution are here grouped into
parts before the commencement
of the debate. The debate
covers a part and the entire part
is put to vote . (iii) Kangaroo
Closure : Here, only important
clauses are taken up for debate
and voting and the intervening
clauses are taken as passed (iv)
Guillotine closure: It takes place
when the undiscussed clauses
of a bill or a resolution are also
put to vote along with the discussed
ones due to want of
time.
Privilege Motion
It is moved by a member when a
minister has committed a breach of
privilege of the House of member
by withholding facts and information
or by giving wrong information.
Calling Attention Motion
It is introduced by a member to
call the attention of a minister
to a matter of urgent public importance
and to seek an authoritative
statement from him.
It is an Indian innovation and
has been in existence since
1954.
It is however mentioned in the
Rules of Procedure.
Motion of Papers
As the exercise of calling attention
is not allowed in Rajya
Sabha, it has ‘Motion of Papers’
by which a member calls
the attention of a minister to a
matter of urgent importance.
Adjournment Motion
It is introduced in the Parliament
to draw attention of the
House to definite matter of
urgencey with the support of
50 members.
It is an extra ordinary device
as it interrupts with normal
286
business of the House.
It is not exercised in the Rajya
Sabha as it involves an element
of censure against the government.
No - confidence Motion
The Lok Sabha can remove the
ministry from office by passing
a no- confidence motion as
the latter is responsbile to the
House of People. However the
motion requires the support of
50 members to be admitted.
Censure Motion
It is moved for censuring the
Council of Ministers for specific
policies and actions.
It can be moved against individual
Ministers, group of
Ministers or the entire Council
of Ministers.
Point of Order
It is raised when the proceedings
of the House donot follow
the normal rules of procedure.
It is related to the interpretation
of enforcement of the Rules of
the House.
Motion of Thanks
Whenever the President addresses
the sessions of the
Parliament, his speech is discussed
in both the Houses of
Parliament on a motion.
This procedure is called Motion
of Thanks. This motion is
to be passed other wise it will
be the defeat of the Government.
No - Day - Yet - Named
Motion
It is admitted by the Speaker,
without specifying the date of
discussion.
The day is fixed in consultation
with the leader of the
House or on the recommendations
of the Business Advisory
Committee.
Special Motion
A matter that can’t be raised
during the time of any other
parliamentary device can be
raised under the special mention
in Rajya Sabha.
The same procedure in Lok
Sabha is called “ Notice Motion”
under Rule 377.
Resolution
The members of the Parliament
can move resolution to draw attention
of the House on the
Government to matters of general
public interest.
It is however different from motion
that all resolutions come
under substantive.
All resolutions are necessarily
put to vote where as all motion
are not necessarily put to vote.
Resolutions are of three types
(i) Private member Resolution :
It is moved by the members of
the House other than Ministers.
It is discussed only on alternative
Fridays and in the afternoon
sitting. (ii) Government
Resolution : It is moved by a
Minister and it is taken upon
any day from Monday to
Thursday. (iii) Statutory Resolution
: It can be moved either
by a private member or a minister.
287
JUDICIARY
Guardian of the constitution
Court of record
One Chief Justice and 30
other judge
Federal Court
Court of appeal
Supreme Court of India
(Article 124 to 147)
The apex of the entire judicial
system in India is the Supreme
Court of India.
Part V, Articles124 to 147 deal
with the structure, powers and
functions of the Supreme
Court.
The Supreme Court now comprises
of the Chief Justice and
not more than 30 other judges.
The Chief Justice is appointed
by the President in consultation
with such other judges of
the Supreme Court and High
Court.
On 21st February 2008, the
Union Cabinet gave its nod to
increase the number of judges
in the Supreme Court from 26
to 31.
The Chief Justice of India administer
the oath of affirmation
to the President and the President
administers the oath of
office to the Vice-President.
The Salaries of the judges of
the Supreme Court (Article 125)
are drawn from the Consolidated
Fund of India.
The salary of Chief Justice is
Rs. 1,00,000 per month (according
to Sixth Pay Commission
Revision 2008).
To be a judge of the Supreme
Court, one has to be a
(i) Citizen of India
(ii) He should be a distinguished
jurist and has been a
High Court judge for atleast
five years or an advocate of a
High Court for at least ten
years.
The Supreme Court Judge can
continue in his post until he
attains sixty five years of age.
The power of Judicial Review
is vested in the Supreme Court
and High Court.
The Chief Justice and other
judges of the Supreme Court
can be removed from their office
only on grounds of proved
misbehaviour or incapacity by
an order of the President
passed after an address by
each House supported by a
majority of total membership of
that House and not less than
2/3rd of members present and
voting has been presented to
the President. (Article 124 (4).
The Supreme Court has the
power to review the acts and
orders of the legislature and
executive wings of the government
and to declare them null
and void if they are against the
provisions of the Constitution.
Supreme Court is known as the
Court of Record (Article 129).
The Judge of the Supreme
Court can resign his office by
writing a letter to the President
in own his handwriting.
A Judge of the Supreme Court
can also be removed from office
on the ground of proved
misbehaviour or incapacity by
the process of impeachment.
In 1996 Supreme Court curbed
the working of children in hazardous
industries.
The Supreme Court exercises
three types of jurisdiction
namely:
Supreme Court came into force
in 1950.
Harilal J. Kanya was the first
Chief Justice of the Supreme
Court.
Supreme court is located at
New Delhi.
Supreme Court Judges retire
upon attaining the age of 65
years.
Supreme Court Rules, 1966 are
framed under Article 145 of the
Constitution to regulate the
practice and procedure of the
Supreme Court.
The Supreme Court of India
comprises the Chief Justice
and not more than 25 other
Judges appointed by the
President of India.
On t he 28th of Januar y, 1950, two da ys after India became a Sovereign
Democratic Republic, the Supreme Cour t came into being.
The inauguration took place in the Chamber of Princes in the
Parliament building which also housed India’s Parliament. It was
here, in this Cham ber of Princes, that the Feder al Court of India
had sat for 12 years between 1937 and 1950. The Court moved into
the present building in 1958.
288
(i) Original (ii) Appellate
(iii) Advisory
Original Jurisdiction (Art.
131) is meant for that cases involving
a dispute between the
Union Government and State
Government or a dispute
among the State Governments
themselves. Supreme Court
settles such case by interpreting
the Constitution.
Appellate Jurisdiction: It
meant that appeal petition can
be taken before the Supreme
Court from the judgement or
decision of the high court on
cases involving civil, criminal,
etc matter after its judgement.
Advisory Jurisdiction (Art:
143) : It is meant that the President
of India can refer to the
Supreme Court for its advice
or opinion if he has some doubt
on a law or Constitution or a
fact.
Art 138 provides for the enlargement
of the jurisdiction of
the Supreme Court by the Parliament.
The Chief Justice of India is
Justice K.G. Balakrishnan.
The jurisdiction and powers of
the Supreme Court to the matters
in the Union List can be
enlarged by Parliament. But its
jurisdiction and powers with
respect to other matters can be
enlarged by a special agreement
of the Centre and the
States.
The first law officer of the Government
of India is the Attorney
General.
Advocate General: Advocate
General is the Principal law
officer of the state. He is appointed
by the Governor.
Judicial Activism
Superior court issuing direction
to the government officials
or executives to perform certain
duties in time if they fails
to do so. Such directions issued
by the court on the
strength of public interest litigation
to serve the general interest
of the society.
Judicial Review
The power of Supreme Court
to review or examine a law
passed by the Parliament and
see whether that law is within
the framework of the Constitution
or not.
The Supreme Court of India
exercise this power as the principle
of procedure established
by law.
Administrative Tribunals
According to the provision of
Article 323 (A), the Administrative
Tribunals Act, 1985 was
enacted by Parliament.
The tribunals are to adjudicate
disputes and complaints relating
to recruitment and condition
of service of persons appointed
to public services and
posts in connection with affairs
of the Union Government.
A Tribunal can be checked by
a High Court for exceeding its
jurisdiction or if its order is
contrary to natural justice.
Family Courts
Courts aim at promoting conciliation
in and securing
speedy settlement of disputes
relating to marriage and family
affairs.
A high powered committee
constituted under the chairmanship
of Justice P.N.
Bhagawati formulated model
scheme, which every citizen
whose annual income from all
sources does not exceed a certain
sum, is eligible for free legal
aid.
Public Interest Litigation
Any member of the public can
initiate a proceeding on behalf
of the aggrieved person (especially
if the person is too poor
or unable to move the court on
his or her own) in either the
High Court or the Supreme
Court for enforcement of Constitutional
rights.
SUPREME COURT REGISTRY
The Registry of the Supreme
Court is headed by the Registrar
General.
Article 146 of the Constitution
deals with the appointments of
officers and servants of the
Supreme Court Registry.
SUPREME COURT ADVOCATES
There are three categories of
Advocates who are entitled to
practise law before the Supreme
Court of India:- Senior
Advocates, Advocates-on -
record and other Advocates.
Only Advocates-on -record are
entitled to file any matter or
document before the Supreme
Court.
Senior Advocates who are designated
as Senior Advocates
by the Supreme Court of India
or by any High Court. A Senior
Advocate is not entitled to
appear without an Advocateon-
Record in the Supreme
Court or without a junior in any
other court or tribunal in India.
289
Comparison between the Supreme Court and the High Courts
Supreme Court
1. The Supreme Court is a federal Court. Its only
seat is located at Delhi. Its bench can be
established at other places also but so far it
has not been established.
2. The Judges of the Supreme Court are
appointed by the President.
3. A person shall have the following qualification
to become eligible for the appointment as a
Judge of the Supreme Court-if:
i) He has been a Judge of a High Court for
not less than five years in succession; or
ii) has been an advocate of a High Court for
not less than 10 years in succession; or
iii) He is a distinguished Jurist in the opinion
of the President.
4. The Judges of the Supreme Court retires from
their office after attaining the age of 65 years.
5. The, President can remove the Chief Justice
and the other judges on the basis of
impeachment motion passed in the Parliament.
6. The salary of the Chief Justice is Rs. 1,00,000
and that of the other judges is Rs. 90,000 per
month.
7. The judges of the Supreme Court after their
retirement and during their term of office are
not eligible to plead before any court/
authority within the territory of India.
8. The Judges of the Supreme Court cannot be
transferred nor can they be demoted in office.
9. The Supreme Court is not bound to abide by
the decisions of the High Courts.
10. The salary and the allowances of the Judges
of the Supreme Court are charged upon the
Consolidated Fund of India.
11. The cases involving the interpretation of the
Constitution are decided only by the Supreme
Court.
High Court
1. There is a provision for a High Court in each State
and each Union Territory but two or more States
or two or more Union Territories or States and
Union Territories, together, may establish a
common High Court.
2. The Judges of the High Court are also appointed
by the President.
3. A person shall not be eligible to become a Judge
of a High Court unless such a person-i) has been
a judicial officer for not less than 10 years within
the territory of India; or ii) has been an advocate
for not less than 10 years in a High Court in India.
4. The Judges of the High Courts retire from their
office after attaining the age of 62 years.
5. The judges and the Chief Justice of the High
Courts’ are removed from the office by the
President in the same manner as adopted in the
case of the Supreme Court.
6. The salary of the Chief Justice is Rs. 90,000 and
that of other judges is Rs. 80,000 per month.
7. The judges of the High Courts cannot plead before
any Court during the term of their office. After
retirement they cannot plead before any Court
below the High Court. That means they can plead
only before other High Courts and the Supreme
Court.
8. The judges of the High Courts can be transferred
from one High Court to the other High Court and
may be promoted as the Judges of the Supreme
Court.
9. The High Courts are bound to abide by the
decisions of the Supreme Court.
10. The salary and other allowances of the Judges of
the High Courts are charged upon the
Consolidated Fund of the States.
11. The cases involving the interpretation of the
Constitution are not decided by the High Courts.
“The Supreme Court of India has more powers than any other Supreme court in any
part of the world” says Alladi Krishnaswamy Ayyar, a member of the Drafting Committee
of the Constitution. Because, Supreme Court of India is not only a Federal
Court like American Supreme Court but also a final court of appeal like the British
House of Lords.
290
Impeachment of a
Judge
1. A motion addressed to the
President signed by at least
100 members of the Lok Sabha
or 50 members of the Rajya
Sabha is delivered to the
Speaker or the Chairman.
2. The motion is to be
investigated by a committee of
three (two judges of the
Supreme Court and a
distinguished jurist)
3. If the committee finds the
judges guilty of misbehaviour
or that he suffers from in
capacity the motion together
with the report of the committee
is taken up for consideration
in the House where the motion
is pending.
4. If the motion is passed in each
House with required majority
(special), the address is
presented to the President.
5. The Judge will be removed
after the President gives his
order for removal on the said
address.
The procedure was for the first
time started against Shri. R.
Ramaswamy in the Supreme
Court in 1991 - 93. The
committee found him guilty but
the address failed because the
congress abstained from
voting.
Since in appointments of
Supreme Court Judges, the
opinion of the C.J.I. (Chief
Justice of India) has
supremacy, a nine-Judge
Bench ruled that the opinion
of the CJI must be formed on
the basis of consultation with
the collegium, comprising of
the CJI and four senior most
Judges of the Supreme Court.
The Judge who is to succeed
the CJI should also be
included, if he is not one of the
four senior most judges in the
Collegium.
Jurisdiction of the
Supreme Court
The Jurisdiction of the
Supreme Court are five-fold
viz. Original, Writ, Appellate,
Advisory and Revisory
Jurisdictions.
Original Jurisdiction
The Original Jurisdiction of the
Supreme Court is purely
federal in character.
Writ Jurisdiction
Article 32 imposes duty on the
Supreme Court to enforce the
Fundamental Rights.
Under this Article, every
individual has a right to move
the Supreme Court directly if
there has been any
infringement on his
Fundamental Rights.
Appellate Jurisdiction
The Appellate Jurisdiction of
the Supreme Court is three fold:
Constitutional, Civil and
Criminal.
Advisory Jurisdiction
One of the salient features of
the Supreme Court of India is
its consultative role Art, 143.
Revisory Jurisdiction
The Supreme Court under
Article 137 is empowered to
review any judgement or order
made by it with a view to
remove any mistake or error
that might have crept in the
judgement or order.
HIGH
COURTS
Article 214 provide that there
shall be a High Court for every
state.
The institution of High Court
(HC) originated in India in 1862
when the high courts were set
up at Calcutta, Bombay and
Madras.
In the independent India, the
constitution provides for a
high court for each State, but
the seventh amendment act of
1956 authorized Parliament to
establish a common high court
for two or more states or for
two or more states and a Union
Territory.
At present there are twenty
one high courts in India.
Out of them, three are common
high courts.
Delhi is the only Union Territory
with a high court of its
own from 1966.
Three new High Courts were
set up in November 2000, following
the creation of states
of Chattisgarh, Uttaranchal
and Jharkhand. These High
Courts are located at Bilaspur,
Nainital and Ranchi respectively.
At present there are 21
High Courts.
Which High Court has the
highest number of benches in
India?
Ans: Guwahati - Five. The
benches are at Kohima,
Aizwal, Imphal, Shillong and
Agarthala
Originally known as Assam
High Court, renamed as
Guwahati High Courts in 1971.
291
Article 231 also provides Parliament
with the power to establish
a common High Court
for two or more states.
The judges of a High court are
appointed by the President.
The Chief Justice is appointed
by the President after consultation
with the Chief Justice of
India and the Governor of a
State concerned.
Guwahati High Court has the
most member of territorial jurisdiction
(7 states) - Assam,
Manipur Meghalaya,
Nagaland, Tripura, Mizoram,
Arunachal Pradesh. It established
in 1948.
The District Judges are appointed
by the Governor of the
state
The subordinate courts are
more popularly known as District
Court.
The National Judicial Academy
was set up in 1993. It is
The High Courts are the principal
civil courts of original jurisdiction
in the state. The work
of most High Courts consists
of Appeals from lowers courts
and writ petitions in terms of
Article 226 of the Con stitution
of In dia.
The High Courts: Seats and Jurisdiction
Name Year of Territorial Jurisdiction Seat
Estb.
1. Allahabad 1866 Uttar Pradesh Allahabad (Bench at Lucknow)
2. Andhra Pradesh 1954 Andhra Pradesh Hyderabad
3. Bombay 1862 Maharashtra,Dadar& Nagar Haveli, Bombay (Benches at Nagpur,
Goa, Daman & Diu Panaji, Aurangabad)
4. Kolkata 1862 West Bengal, Andaman & Kolkata (Bench at Port Blair)
Nicobar Islands
5. Delhi 1966 Delhi Delhi
6. Guwahati 1948 Assam, Manipur, Meghalaya, Guwahati (Benches at Kohima,
Nagaland, Tripura, Mizoram and Imphal, Agartala & Shillong)
Arunachal Pradesh
7. Gujarat 1960 Gujarat Ahmedabad
8. Himachal Pradesh 1966 Himachal Pradesh Shimla
9. Jammu & Kashmir 1928 Jammu & Kashmir Srinagar& Jammu
10. Karnataka 1884 Karnataka Bangalore
11. Kerala 1958 Kerala & Lakshadweep Ernakulam
12. Madhya Pradesh 1956 Madhya Pradesh Jabalpur (Bench at Indore, Gwalior)
13. Madras 1862 Tamil Nadu & Pondicherry Madras
14. Orissa 1948 Orissa Cuttack
15. Patna 1916 Bihar Patna
16. Punjab &Haryana 1975 Punjab, Haryana, Chandigarh Chandigarh
17. Rajasthan 1949 Rajasthan Jodhpur (Bench-Jaipur)
18. Sikkim 1975 Sikkim Gangtok
19. Chhattisgarh 2000 Chhattisgarh Bilaspur
20. Uttaranchal 2000 Uttaranchal Nainital
21. Jharkhand 2000 Jharkhand Ranchi
located at Bhopal with its registered
office in New Delhi.
Subordinate Courts
Three types of Subordinate Courts.
1. Criminal Courts
There are courts which handle
only criminal cases. These are
different kinds of criminal courts in
succession.
a) Sessions Court : It is at the
district level.
b) First Class Magistrate : Just
below the sessions court there
is the Ist Class Magistrate. It
hears appeals against lower
courts decisions.
c) Second Class Magistrate :
Does not entertain appeals It
can punish upto 6 months
imprisonment and fine upto
200/-
The Calcutta
High Court is the oldest
High Court in the country,
established on 2 July
1862.
292
Tribunals
Appellate Trib. for Electricity
Central Administrative Trib.
Central Excise Ser. Tax App.
Debt Recovery Trib., Coimbatore
Debts Recovery Trib.-II, Chennai
Debts Rec. Trib.-I, Chennai
Intellectual Pro. App., Chennai
Income Tax Appellate Trib.
Railway Claims Tribunal
FIRST IN INDIA
1. First empire to define and demarcate civil and criminal law - Gupta
Empire
2. First Court ( of judicature) was established in Calcutta on August ,
1672
3. First Law Commission was constituted in 1834 under the Charter Act
of 1833. It was chaired by Lord Macaulay.
4. First I.P.C. and CRPC were introduced in Bengal in 1862 by John
Beames.
5. First Federal Court established in 1937. Sir. Maurice Gwyer was the
first Federal Court chief justice.
6. Supreme Court was established on March 26, 1774 in Calcutta as a
result of Regulating Act of 1773.
7. Oldest High Court - Calcutta High Court (1862)
8. First Indian High Court Judge - Shambhunath Pandit.
9. Youngest Judge - Prasanta Behari Mukherjee at the age of 38.
10. High Court with most judges - Allahabad High Court (60 Judges)
11. First Woman Chief Justice (High Court) - Justice Leila Seth (Delhi)
12. First Indian President of International Court of Justice- Dr. Nagendra
Singh (First Indian recipient of World Justice Award)
13. First Chief Justice of Independent India - Justice Harilal J. Kania.
14. First Woman judge of Supreme Court- Meera Sahib Fatima Beevi.
15. First woman judicial officer - Anna Chandy
16. First woman advocate - Cornelia Sorabji
17. “Green Bench” decides on environmental issues. (set up by the
Calcutta Court)
18. First Law giver - Manu
19. Largest prison - Tihar Jail.
First Law Commission of Independent
India established in
1955 with the then Attorn ey-
General of India, Mr. M. C.
Setalvad, as its Chairman.
Nineteenth Law Commissi on
Chairman (2009-2012)
Justice P. V. Reddi
d) Third Class Magistrate :It
handles minor cases.
Gives punishment upto one
months imprisonment fine upto
50/-
e) Panchayat : Its decisions are
non appealable.
Note : The IInd and IIIrd Class
Magistrates have only original
jurisdiction.
Civil Courts
These are courts dealing with
Civil Cases. There are a number of
Civil Courts in succession.
a) District Judge : Hears appeals
against the courts subordinate
to it.
b) Senior Subjudge : Entertain
cases involving any amount.
c) IInd class small case court
(S.C.C) : Presided over by
subjudge.
d) III Class S.C.C. : Presided over
by a subjudge.
e) IV Class S.C.C : Presided over
by a subjudge.
f) Small Case Court : In big
towns; Decisions of the Small
Case Court is not ordinarily
appealable.
3. Revenue Courts
a) Board of Revenue / Finance
Commission : It hears appeals
against the decisions of the
District Collectors Court.
b) Commissioner’s Court : It
hears appeals against the
decisions of the Tahasildar’s
Court.
c) District Collectors Court : It
hears appeals against the
Tahsildar’s Court decision.
d) Tahsildar’s Court : It is the
smallest unit as far as Revenue
Courts are concerned.
Administrative
Tribunals
The 42nd Constitutional
Amendment Act in 1976
introduced Article 323 A,
enabling the setting up of
Central and State Admini
strative tribunals, to
adjudicate cases related to
recruitment, promotion,
transfer and conditions of
service of persons appointed
293
to the public services of the
Union and the State
Governments.
In pursuit of the provision, the
Parliament enacted the
Administrative tribunal Act,
1985 to set up Central
Administrative Tribunal
(CAT)
By a notification, the service
matters related to employee of
the Public Sector Undertaking
(PSUs) can be brought under
the CAT or SATs, as the case
may be.
Many States are also provided
with the State Administrative
Tribunals.
The Chairman and the Vice-
Chairman of the tribunal
enjoys the status of a High
Court judge and his/her
retirement age is 65 years.
The Chairman must be a judge
of the High Court or one who
served for at least two years
as the High Court Judge or the
Vice-Chairman of Tribunal.
The President appoints the
Chairman and other members
of the CAT and the SATs after
consulting the Chief Justice of
India.
National Human Rights
Commission
The National Human Rights
Commission (NHRC) of India
is an autonomous statutory
body.
It is established on October 12,
1993, under the provisions of
The Protection of Human
Rights Act, 1993.
The Chairperson and members
of the NHRC are appointed by
The Solicitor General for India is subordinate to the Attorney General
of India and also the second law officer of the country. There are
four Additional Solicitors Generals for India.
the President of India.
The NHRC consists of a Chairperson
who has been a Chief
Justice of the Supreme Court
of India.
One Member who is, or has
been, a Judge of the Supreme
Court of India.
One Member who is, or has
been, the Chief Justice of a
High Court.
Two Members to be appointed
from among persons having
knowledge of, or practical experience
in, matters relating to
human rights.
Former Chief Justice K G
Balakrishnan is the present
chairperson of the commission.
The National Commission
for Women
NCW is a statutory body for
women, set up in 1992, by Government
of India, under specific
provisions, National Commission
for Women Act, 1990.
The present head of the Commission
is Girija Vyas.
Right to Information Act 2005
The Right to Information Act, 2005 (RTI) is a law enacted by the
Parliament of India.
This law was passed by Parliament on 15 June 2005 and into force
on 12 October 2005.
The Act applies to all States and Union Territories of India, except
the State of Jammu and Kashmir.
Under the Act, any citizen may request information from a "public
authority" (a body of Government or "instrumentality of State")
which is required to reply expeditiously or within thirty days.
Jammu & Kashmir, has its own Right to Information Act of 2009,
the successor to the repealed J&K Right to Information Act, 2004
and its 2008 amendment.
The RTI Laws were successfully enacted by the various state
governments of India.
The objective of the NCW is to
represent the rights of women
in India and to provide a voice
for their issues and concerns.
National Knowledge
Commission
National Knowledge Commission
constituted in 2005.
The Commission was to recommend
reform of the education
sector, research labs, and
intellectual property legislation;
as well as consider
whether the Government could
itself upgrade its use of the latest
techniques to make its
workings more transparent.
The present chairman of the
Knowledge Commission is
Sam Pitroda.
Lok Pal Bill
Lok Pal Bill has been introduced
to provide for setting up
of a Lok Pal that would enquire
into the charges of corruption
against public functionaries in
the central government level.
294
Lok Ayukta
The LokAyukta is an anti-corruption
government organization
in the Indian states.
Lok Ayukta is a state level institution
set up to enquire into
the charges of corruption
against public functionaries in
the state.
Orissa is the first state to
present a bill on establishment
of Lokayukta in 1970, however,
Maharashtra is the first state
to have established the institution
in 1972.
Some states have Upa
Lokayukta under Lokayukta
and in some states, the
Ombudsman
Ombudsman is an officer appointed to hear and investigate complaints
by private citizens against government officials or agencies.
He helps and protects the common man against official oppression.
Now various agencies and public sectors have realised the need of
setting up the office of Ombudsman to redress the grievances for the
public who are the customers or clients of these organisations.
Banking Ombudsman is a quasi judicial authority functioning under
India’s Banking Ombudsman Scheme 2006.
In India, Ombudsman is called as Lokpal or Lokayukta.
Kerala State has an Ombudsman for Local Self Government institutions
like Panchayaths, Municipalities and Corporations.
Lokayukta doesn't have suo
moto powers of instigating an
enquiry.
It does not have binding powers
to punish anyone.
Chairman of Kerala Lok
Ayukta is Justice M. Pareeth
Pillai.
295
The Election Commission of
India is set up by Article 324
of the Constitution of India.
Election Commission of India
is a permanent Constitutional
Body.
The Election Commission was
established in accordance with
the Constitution on 25th January
1950. The Commission celebrated
its Golden Jubilee in
2001.
Election Commision became a
3 member body in Oct 1, 1993.
The appointment of Chief Election
Commissioner and other
election Commissioners shall
be made by the President for a
term of 6 years.
State Election Commission
conducts elections to
Panchayats and municipalities
in the states.
At the state level, the election
work is supervised, subject to
overall superintendence, direction
and control of the Commission
by the Chief Electoral
Officer of the State.
The first Chief Election Commissioner
of India was
Sukumar Sen (1950-58).
S.Y.Quraishi is the present
Chief Election Commissioner
of India. Other two Commissioners
are Harishankar
Brahma and V.S. Sampath.
Nirvajan Sadan is the headquarters
of Election Commission
in New Delhi.
The Election Commission (Article 324)
The Finance Commission (Article 280)
The Finance Commission is
quasi judicial body.
The Finance Commission has
the following primary functions:
(i) To recommend to the
President, the principles
and manner by which the
revenue arising out of the
union budget may be
shared between the
Union and States.
(ii) To recommend to the
President the principles
and the properties by
which the grandin-
aid is to be provided to
the states by the Union
Government.
(iii) To recommend to the
President on any other
matter in the interest of
public finance.
The grand-in-aid is extended
to the state by the union out
of the Consolidated Fund of
India to meet the cost of development
scheme approved
by the Union Government.
The first Finance Commission
was constituted in 1951.
First Chairman : K.C. Neogy.
Vijay Kelkar heads the 13th
Finance Commission . (2010-
2015)
Article 280 of the Constitution
provides that at the end of every
five years, the President
shall appoint a finance commission
with a chairman and
four other members.
The Finance Commission of India
came into existence in 1951.
The Finance Commission is
formed to define the financial
relations between the centre
and the state.
Finance Commission
Number Chairman
I ........................... K.C. Neogy
II ..............Mr. K.S. Santhanam
III....................... A.K. Chanda
IV................... P.V. Rajamannar
V..................... Mahavir Tyagi
VI......... Brahamananda Reddy
VII ........................ J.M. Shelat
VIII ..................... Y.B. Chavan
IX ....................... N.K.P. Salve
X ...................... Mr. K.C. Pant
XI .............. Prof. A.M. Khusru
XII .............. Dr. C. Rangarajan
XIII ......................Vijay Kelkar
Union Public Service
Commission (Article 315-323)
The Constitution provides
that there shall be a Public Service
Commission for each state
and for Unions.
The Chairman and other
members of the UPSC are appointed
by the President.
The members of the UPSC are
appointed for a term of six
years or till they attain the age
of 65 years.
UPSC Chairman :D.P.Agrawal
SPSC (State Public Service
Commission) - Chairman and
members are appointed by the
Governor. But they can be removed
only by the president
(and not by the governor).
The members of the SPSC are
appointed for a term of six
years or they attain the age of
62 years whichever is earlier.
The UPSC is entrusted with the
selection of candidates to
higher civil services.
SSC (Staff Selection Commission)
is a centralised agency
responsible for recruiting personal
to middle and lower services
of Central Government.
SSC established in 1975.
296
The Constitution of Jammu
and Kashmir came into existence
on 26th January 1957.
The state of Jammu and Kashmir
was accorded special status
under Article 370 of the
Constitution.
The Parliament can make laws
with respect to Jammu and
Kashmir only in subjects in the
Union List.
On the failure of constitutional
machinery, the Governor shall
have the power of the President.
Jammu and Kashmir has the
distinction of being the only
state of the Indian Union which
has its own Constitution.
N.N. Vohra is the Present Governor
of J & K.
The President can declare that
Art 370 ceases to be operative
only on the recommendation of
constituent Assembly of the
state.
J & K constitution declares
Urdu as the official language
of the state. It also permits the
use of English for official purposes.
Part III (dealing with Fundamental
Rights) is applicable to
the state with some exceptions
and conditions. The Fundamental
Right to property is still
guaranteed in the state.
Part IV (dealing the Directive
Principles of State Policy) and
Part IVA (dealing with Fundamental
Duties) are not applicable
to the state.
Jammu and Kashmir has a bicameral
legislature.
The Bill for the special status
of J & K became Act in 1982.
J & K is excluded from the list
of other states. As per the article
152.
Jammu and Kashmir has been
given the special status to fulfill
the condition put forward
by the Maharaja of Jammu &
Kashmir for signing the instrument
of accession with India.
Special Status to Jammu and Kashmir (Article 370) Official Languages
(Article 343 to 351)
India is the country where largest
number of languages are
spoken.
Sindhi was added by the 21st
Constitutional Amendment
Act, 1967.
The Constitution declared
Hindi in Devanagri script as the
official language of India.
B.G. Kher was the Chairman of
the first official language Commission
appointed by the President
in 1955.
The Constitution allows the
use of English language for
official purposes.
India has 22 officially
recognised languages in the
8th schedule of the Constitution.
Originally the Constitution
recognised 14 languages.
Official language Act (1963)
lays down that English should
be used for purposes of communication
between Union and
the States that have not
adopted Hindi as their Official
Language.
Languages in the Constitution:
Assamese, Bengali,
Hindi, Urdu, Marathi,
Gujarathi, Punjabi, Sanskrit,
Kashmiri, Telugu, Tamil,
Malayalam, Kannada, Oriya,
Sindhi, Konkani, Nepali ,
Manipuri, Bodo , Maithili,
Santhali and Dogri.
The Parliament passed the 92nd
Amendment (100th Amendment
Bill ) of constitution on
22nd December 2003 which
recognises Bodo, Maithili,
Santhali and Dogri languages
in the 8th Schedule.
ALL INDIA SERVICES
1. Indian Administrative Service (IAS) is the administrative civil service
of the Indian government. (1947)
2. Indian Police Service (IPS) (1947)
3. Indian Forest Service (IFS) ( 1966)
There are 34 group ‘A’ Central Services and 25 group ‘B’ Central
services.
The present system of recruitment is based on the recommendations
of Macaulay committee (1854), Kothari Committee (1974) and Satish
Chandra Committee (1988)
The latest Commission on Civil Services is Hota Commission.
Art.312 allows the Rajya Sabha to create any other All India Services
with two by third majority.
The recruitment to these services is made through the Union Public
Service Commission on the basis of the annual Civil Services
Examination.
297
National Commission for
SCs & STs (Art. 338)
Amendment Act 65th replaces
the officer for S.C. and ST with
National Commission for SC &
ST.
Investigate and monitor all
matters relating to the
constitutional and other legal
safeguard for SCs and STs is
the main function.
Art. 338 originally provided for
Special Officer for SC & ST.
The commission consists of a
chairman, a vice - chairman and
five other members.
They are appointed by the
President.
Service Conditions and Tenure
are also determined by the
President.
NON CONSTITUTIONAL
BODIES
Planning Commission
Established in 1950 by an
executive resolution of the
Govt. of India.
It was recommended by the
Advisory Planning Board of
1946, under the chairmanship
of K.C. Neogi.
Supreme Organ of Planning for
Social and economic
development.
Prime Minister is the
chairman of the commission.
Deputy Chairman is the de
facto or full time functional
head of the commission.
Super Cabinet
Economic Cabinet
Parallel Cabinet
Fifth Wheel of the Coach
The finance minister and
planning minister are the exofficio
members of the
commission.
Planning Commission
formulates India's Five-Year
Plans, among other functions.
Make an assessment of
material capital and human
resources of the country and
investigate the possibilities of
augmenting them.
Formulate a plan for the most
effective and balanced
utilization of the country’s
resources.
Determines priorities and to
define stages in which the plan
should be carried out.
Montek Singh Ahluwalia is
the current Deputy Chairman
of the Planning Commission of
India.
National Development
Council
NDC established in August
1952 by an executive resolution.
Composition
Prime Minister as its head.
All Union Cabinet Ministers
are members from 1967.
Chief Ministers of all states.
Chief Ministers and
administrators of all Union
Territories.
Functions
Prescribe guidelines for
preparation of the national
plan.
Consider the national plan as
prepared by the Planning
Commission.
Consider important questions
of social and economic policy
affecting national develop
ment.
Review the working of the
national plan from time to time.
Recommend measures for
achievement of the aims and
targets set out in the national
plan.
N.D.C is the highest body
below parliament responsible
for policy matters with regard
to planning for social and
economic development.
Central Vigilance
Commission
Established in 1964 on the
recommendation of the
Santhanam Committee on
prevention of Corruption
(1962-64)
In 2003, statutory status was
given to the C.V.C.
Central Vigilance Commi
ssioner and other two
commissioners appointed by
the President on the
recommendation of a three -
member committee. (Prime
Minister, Home Minister and
Leader of Opposition in the
Lok Sabha)
It conduct enquiry into the
corruption cases against Civil
Servants on a reference by the
Central Govt. (All India
servants, Class ‘A’ servants of
Central Govt., Specified level
of Officers)
It enjoys the powers of a Civil
Court.
There are 444
articles , 12 Schedules,
24 Parts and 92 Amend
ments as of today in Indian
Constitution. It was 395
Articles and 8 schedules
when it came into force
on January 26,
1950.
Basic structure of the Constitution
Independence of judiciary
Free and fair elections
Rule of law
Limited power of Parliament to amend the Constitution
Parliamentary system
Harmony and balance between Fundamental Rights and Directive
Principles
Judicial review
Freedom and dignity of the individual
Welfare state
Unity and integrity of the nation
Federal character of the Constitution
Separation of powers between the legislature, the executive and the
judiciary
Secular character of the Constitution
Sovereign, democratic and republican nature of the Indian polity
Supremacy of the Constitution
The Constituent Assembly
was in session between December
9, 1946 and November
26, 1949.
Total duration of the making of
the Constitution was 2 years,
11 months and 17 days.
The Constituent Assembly
had 389 members originally. Of
which, 292 were to be elected
from provinces, 93 were to be
nominated from princely states
and four members were to be
nominated from Chief
Commissioner’s Areas. Each
province was allocated seats
in proportion to its population.
Later reduced to 299 as League
withdrew after partition of the
country.
On the inaugural day of the
assembly on December 9, 1946,
Dr. Sachidananda Sinha was
elected as the first temporary
President to chair the meeting
CONSTITUTION
A Constitution is "a Fundamental
legal document according
to which the government
of a country functions".
Its basic objective is to establish
a democratic, socialist,
secular republic with a view to
securing justice, liberty, equality
and fraternity to all its citizens.
A constitution, thus is superior
to all other laws of the country
& no law can be enacted
which is not in conformity with
the constitution.
Constitutions are of two types
- "unwritten and written". The
constitution of the U.K and
New Zealand are unwritten
where as the constitution of all
other countries of the World
are written.
Constituent
Assembly
The Constitution of India was
framed and adopted by the
Constituent Assembly of India.
The Constitutent Assembly
was set up in November 1946
as per the Cabinet Mission Plan
of 1946.
The idea of a Constitution for
India was first expressed by
M.N. Roy (communist leader)
and it was supported by
Gandhiji & Nehru.
The demand for the Constituent
Assembly to draft the Constitution
of India was, for the
first time, raised by the Congress
in 1935.
256
The Constitution of India was draft ed by the Constitu ent
Assembly. It came into effect on January 2 6, 1950.
The constitutional head of t he Executi ve o f the Unio n is the
President. As per Article 79 of the Constitution , Ind ian
Par liament consists of the President and two Houses kn own
as the Council of States (R ajya Sabha) and the House of the
People (Lok Sabha ). Article 74(1) of the Constitution
provides that there shall be a Council of Ministers with the
Prime Mi niste r as its head to aid and advise the Preside nt,
who shall exercis e his fun ctions in accordan ce to the advice.
and on December 11, 1946, Dr.
Rajendra Prasad was elected
as the permanent President of
the Constituent Assembly.
The Vice President of the constituent
Assembly was Professor
Harendra Coomar
Mukherjee.
Constituent Assembly worked
by constituting more than 13
committees and the most
prominent committee was the
Seven member Drafting Committee
of the constitution.
Dr. B.R. Ambedkar was the
Chairman of the Drafting
Committee of the Constitution.
He was the Chief Architect of
the Constitution and later became
the first Law Minister of
India. In 1990 Government
awarded him Bharat Ratna
posthumously.
Total sessions of the Constituent
Assembly - 11
The Constitution of India was
adopted on November 26,
1949. The assembly met again
on Jan 24, 1950 when the members
appended their signatures
to the constitution of India. It
came into force on January 26,
1950.
The date January 26, was chosen
to inaugurate the Constitution
in memory and honour
of the Lahore session of the
Indian National Congress on
31st December 1929.
The Constituent Assembly
formed 13 important committees
The Constituent Assembly
adopted our National Flag on
July 22, 1947.
The Constituent Assembly
adopted our National Anthem
on January 24, 1950.
The only state having
Constitution of its own is
Jammu & Kashmir
O n Augus t
15, 1947, India became
an independent nation, and
the Constituent Assembly
became India's Par liament.
for framing the Constitution.
The historic 'Objective Resolution'
(purpose and aim) was
moved in the Constituent Assembly
by Pt. Jawahar Lal
Nehru on 13th December 1946.
Objective resolution constituted
on the basis of the
Preamble of the Constitution.
Shri. B.N. Rao was appointed
as Legal Advisor to the Constituent
Assembly.
The Constituent Assembly
took 2 years, 11 months and
18 days to frame the Constitution.
Dr. Bhim Rao Ambedkar is
recognised as “Father of Indian
Constitution”.
Drafting Committee
In the August 14, 1947
meeting of the Constituent
Assembly, a proposal for
forming various committees
were presented.
Such committees include
Committee on Fundamental
Rights, the Union Powers
Committee and Union
Constitution Committee.
On August 29, 1947, the
Drafting Committee was
appointed, with Dr. Ambedkar
as the Chairman along with six
other members.
Six members of the drafting
committee were N.
Gopalaswami Iyengar, Alladi
Krishna Swamy Iyer, K.M.
Munshi (founder of Bharatiya
Vidya Bhavan), Syyed
Mohammad Saadullah, B.L.
Mittar (replaced by N.
Madhav Rao) and D.P.
Khaitan (who died in 1948 and
was replaced by T.T.
Krishnamachari).
A Draft Constitution was
prepared by the committee and
submitted to the Assembly on
November 4, 1947.
257
January 26 was selected as the
date of commencement of the
Constitution of India because on
this date in 1930, Indian people
observed 'Independence day',
following the resolution of 'Purna
Swaraj' of the Congress session
held in the midnight of December
31,1929 at Lahore.
Committees under the Constituent Assembly
• Committee on the Rules of procedure - Rajendra Prasad
• Steering Committee Rajendra Prasad
• Finance and Staff Committee - Anugrah Narayan Sinha
• Credential Committee - Alladi Krishnaswamy Iyer
• House Committee - B. Pattabhi Sitaramayya
• Order of Business Committee - K.M. Munshi
• Ad hoc Committee on the National Flag - Rajendra Prasad
• Committee on the Functions of the Constituent Assembly
G.V. Mavalankar
• States Committee - Jawaharlal Nehru
• Advisory Committee on Fundamental Rights, Minorities
• Tribal and Excluded Areas - Vallabhai Patel
• Minorities Sub-Committee - H.C. Mookherjee
• Fundamental Rights Sub-Committee - J.B. Kripalani
• North-East Frontier Tribal Areas and Assam. Excluded & Partially
Excluded Areas Sub-Committee - Gopinath Bardoloi
• Excluded and Partially Excluded Areas (Other than those in Assam)
Sub-Committee - A.V. Thakkar
• Union Powers Committee- Jawaharlal Nehru
• Union Constitution Committee - Jawaharlal Nehru
• Drafting Committee - B.R. Ambedkar
Sources of Indian Constitution
1. Govt. of India Act 1935: Federal System, Office of the Governor, Power of federal judiciary, Emergency
power, Public Service Commissions, Administrative details.
2. United Kingdom: Law making procedure, Rule of Law , Provisions of Single Citizenship,
Parliamentary Govt., Bicameralism, Prerogative writs, Office of the C.A.G.
3. USA:Independent Judiciary, Judicial Review, Fundamental Rights, Removal of Supreme &
High Court Judges (Impeachment), Preamble, Functions of Vice- President.
4. Canada: Federation with a str ong centre, Residuary powers with th e centre, Appointment of
State Governors by Center, Advisor y/Review of supreme court.
5. Ireland: Dir ective Principles of State Policy, Method of Presidential election, Nomination of
members of Rajya Sabha by the Pr esident.
6. Germany: Emergency Provision and Suspension of Fundamental Rights.
7. Australia: Concurrent list & Freedom of trade.
8. South Africa: Amendment procedure.
9. France : Republic
10. Russia (U.S.S.R.): Fundamental Duties (44 Amendment) & Preamble.
11. Japan: Procedures established by law.
The Drafting Committee
finalised the Draft
Constitution of India in
February 1948 and the second
reading of the same by the
Assembly was completed on
October 17, 1948. For the third
reading of the constitution,
Assembly met on Nov. 14,
1949 and finished it on Nov.
26, 1949.
258
Regulating Act, 1773
This was the first step taken by the
British Government to control and
regulate the affairs of the East India
Company in India.
It designated the Governor of
Bengal as the Governor-General
of Bengal.
The first Governor-General
was Lord Warren Hastings.
It subordinated the Governors
of Bombay and Madras to the
Governor-General of Bengal.
The Supreme Court was established
at Fort William (Calcutta)
as the Apex Court in 1774.
Pitt's India Act, 1784
It was introduced to remove the
drawbacks of the Regulating
Act.
Was named after the then British
Prime Minister.
Placed the Indian affairs under
the direct control of the British
Government.
Established a Board of Control
over the Court of Directors.
Charter Act, 1813
Monopoly of Company's trade
abolished except trade in tea
& trade with China.
One way free trade was imposed
on India.
An annual sum of Rs. One
Lakh earmarked for education,
marking the beginning of British
interest on educating the
Indians.
Charter Act, 1833
It made the Governor-General
of Bengal as the Governor-
General of India.
First Governor-General of India
was Lord William Bentick.
All civil and military powers
were vested in him.
Inclusion of a Law member in
the council of Governor General
(Macaulay - first law member).
Governments of Bombay and
Madras were deprived of their
legislative powers.
This was the final step towards
centralisation in the British India.
The Act ended the activities of
the East India Company as a
commercial body. Company's
monopoly of trade completely
abolished.
Charter Act, 1853
The legislative and executive
functions of the Governor-
General's Council were separated.
It introduced a system of open
competition as the basis for the
recruitment of civil servants of
the Company.
Government of India Act, 1858
This Act transferred the Government
territories and revenues
of India from the East
India Company to the British
Crown.
In other words, the rule of Company
was replaced by the rule
of the Crown in India.
The powers of the British
Crown were to be exercised by
the Secretary of State for India.
The Secretary of State was a
member of the British Cabinet.
He was assisted by the Council
of India, having 15 members.
This act was declared to be an
act of "good government" for
India.
SOS was vested with complete
authority and control over the
Indian administration through
the Governor-General as his
agent.
He was responsible ultimately
to the British Parliament.
The Governor-General was
made the Viceroy of India.
Lord Canning was the first
Viceroy of India.
Indian Councils Act, 1861
It introduced for the first time
the representative institutions
in India.
It provided that the Governor-
General's Executive Council
should have some Indians as
the non-official members while
transacting the legislative businesses.
Initiated the process of
decentralisation by restoring
the legislative powers to the
Bombay and the Madras Presidencies.
It accorded the statutory recognition
to the Portfolio System.
Indian Councils Act, 1892
Introduced the principle of elections,
but in an indirect manner.
Enlarged the functions of the
Legislative Councils and gave
them the power of discussing
the Budget and addressing
questions to the Executive.
Indian Councils Act, 1909
This Act is also known as the
Morley-Minto Reforms (Lord
Morley was the then Secretary
of State for India and Lord
Minto was the then Governor-
General of India).
Introduction of an element of
The landmarks of the Constitution
259
direct elections to the Legislative
Councils.
The act provided the so called
'Representative Govt'. in India.
It changed the name of the
Central Legislative Council to
the Imperial Legislative Council.
Introduced a system of communal
representation for Muslims
by accepting the concept
of 'Separate Electorate'. (Communal
Electroate)
Government of India Act, 1919
This Act is also known as the
Montague Chelmsford Reforms.
Montague was the then Secretary
of State and Lord
Chelmsford was the then Governor
General of India.
The act was meant to provide
"Responsible Govt". in India.
The Central subjects were demarcated
and separated from
those of the Provincial subjects.
The scheme of dual governance,
'Dyarchy', was introduced
in the Provinces.
Division of Provincial subjects
into Reserved subjects (like
police, jails, land revenue, irrigation,
forests etc to be administered
by the Governor & his
Executive Council) and Transferred
subjects (like education,
local self Government, public
health & sanitation, agriculture,
industries to be looked
after by the governor and his
ministers).
The Act introduced, for the
first time, bicameralism and direct
elections in the country.
The Act also required that the
three of the six members of the
Governor-General's Council
(other than the Commander-in-
Chief) were to be Indians.
Government of India Act of 1935
The Act provided for the establishment
of an 'All-India
Federation' consisting of the
Provinces and the Princely
States as the units.
The Act divided the powers
between the Centre and the
Units in terms of three lists,
namely the Federal List, the
Provinicial List and the Concurrent
List.
The Federal List for the Centre
consisted of 59 items, the Provincial
List for the Provinces
consisted of 54 items and the
Concurrent List for both consisted
of 36 items.
The residuary powers were
vested with the Governor-General.
The Act abolished the
Dyarchy in the Provinces and
introduced 'Provincial Autonomy'.
It provided for the adoption of
Dyarchy at the Centre.
Introduced bicameralism in 6
out of 11 Provinces.
These six Provinces were
Assam, Bengal, Bombay, Bihar,
Madras and the United Province.
Indian Independence Act of 1947
Till 1947, the Government of
India functioned under the
provisions of the 1919 Act only,
the provisions of 1935 Act relating
to Federation and
Dyarchy were never implemented.
The Executive Council provided
by the 1919 Act continued
to advice the Governor
General till 1947.
It declared India as an Independent
and Sovereign State.
Established responsible Governments
at both the Centre
and the Provinces.
Designated the Governor-General
of India and the Provincial
Governors as the Constitutional
Heads (nominal heads).
It assigned dual functions
(Constituent and Legislative)
to the Constituent Assembly
and declared this dominion
legislature as a sovereign
body.
Two Dominions were constituted-
India and Pakistan.
The King would appoint a
Governor General for each Dominion.
Cabinet Mission of 1946
The British Cabinet Mission of 1946 to India aimed to discuss and plan for the transfer of power from
the British Raj to Indian leadership, providing India with independence under Dominion status in the
Commonwealth of Nations. Formulated at the initiative of Clement Attlee, the Prime Minister of the
United Kingdom, the mission consisted of Lord Pethick-Lawrence, the Secretary of State for India, Sir
Stafford Cripps and A. V. Alexander. The Mission's purpose was to hold preparatory discussions with
elected representatives of British India and the Indian states in order to secure agreement as to the
method of framing the constitution. Set up a constitution body. Set up an Executive Council with the
support of the main Indian parties.
260
The Preamble
Soul of Constitution
Key of Constitution
Identity Card of Constitution
The Preamble or the preface
gives in a nutshell the aims and
purposes of the Constitution of
India. It also embodies the ideals
and aspirations.
The Preamble is considered to
be the key to open the edifice
of the Constitution.
Almost all the constitutions of
the world have a preamble.
Jawaharlal Nehru is the architect
of the preamble.
It was adopted by the
Constituent Assembly on
January 22nd 1947.
The preamble serves three purposes
-
i. It indicates the source
from which the constitution
derives its authority,
ii. States the objects that the
constitution seeks to establish
and promote.
iii. The date of its adoption.
The importance of the utility
of the Preamble has been
pointed out in several
decisions of the Supreme
Court.
In the Kesavananda Bharathi
case 1973 the Supreme Court
held that Preamble is a part of
the Constitution.
Sovereign : There is no
authority outside India on
which the country is anyway
dependent.
Socialist : Achievement of
Socialistic pattern of Society
through democratic needs.
Secular : The state shall not
WE, THE PEOPLE OF INDIA, having solemnly resolved to
constitute India into a SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC and to secure to all its citizens;
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote
among them all
FRATERNITY assuring the dignity of the individual and the
unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of
November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION.
discriminate against the citizen
in any way on the basis of
religion.
Democratic : The rulers elected
by the people only.
Fortysecond
Amendment
On 18 December 1976, during the Emergency in
India, the Indira Gandhi government pushed through several
changes in the Forty-second Amendment of the constitution.
A committee under the chairmanship of Sardar Swaran
Singh recommended the amendments. Through this amendment
the words "socialist " and "secular" were added between the
words "sovereign" and "democratic" and the words "unity of
the Nation" were changed to "unity and integrity of the
Nation". Preamble was amended only once in the
history of the Indian Consti tution
K.M. Munshi termed it as ‘the Political Horoscope’.
Earnest Barker calls it the ‘key to the Constitution’.
Thakurdas Bhargava called it as the ‘Soul of the Constitution’.
The term ‘Socialistic pattern of society’ was adopted as a goal of the
Indian State by the Congress in 1955 in Avadi Session.
The Preamble is a part of the Constitution statute but it is not a part of
the Constitution. It is its identity card." : N.A. Palkhivala.
Republic : All the authorities of
the State are directly or indirectly
elected by the people for a fixed
term, not hereditery.
261
IS THE PREAMBLE A PART OF THE
CONSTITUTION ?
The Supreme Court in the Kesavananda Bharati vs State of Kerala
(1973) case overruled its earlier decision of 1960 and made it clear
that it is a part of the Constitution and is subject to the amending
power of the Parliament as any other provisions of the Constitution,
provided the basic structure of the Constitution as found in the
Preamble is not destroyed. However, it is not an essential part of the
Constitution.
Nature of the
Constitution
Written/ Unwritten
A Written Constitution is one
in which most of the fundamental
or basic rules of government
organisations are contained
in a document.
The Constitution of India is
the longest written Constitution
in the world.
India is described by the Constitution
as a Union of States.
America has the shortest as
well as the oldest written Constitution
in the world.
The Constitution of U.S. was
framed by the delegates meeting
in the Philadelphia Convention.
Swiss Federation was formed
in 1867.
Canadian Federation was
formed in 1848.
Australian Federation was
formed in 1901.
An Unwritten Constitution is
one in which most of the fundamental
rules and principles
of governmental organisations
have not been reduced to writing
by any authorised body or
persons.
The best example of an unwritten
Constitution is the British
Constitution.
Israel is another country without
a written Constitution.
Flexible / Rigid
If a Constitution can be amended
easily by the simple majority
of the member of parliament, it
is said to be flexible.
If the procedure of amending or
repealing ordinary laws is difficult,
the Constitution is said to
be rigid.
The Indian Constitution is rigid
in so far as its basic principles
are concerned. Some of its provisions
can be amended by a
simple majority of parliament
while others require a two third
majority of parliament besides
the accent of majority of state
legislature. So it is said that the
Indian Constitution is partly
flexible and partly rigid.
The examples of Rigid Constitution
are United States, Canada,
Switzerland and Australia.
British Constitution is a flexible
Constitution.
Unitary / Federal
A Constitution is said to be
unitary if it concentrates all
authority at the centre, making
the various regions subservient
to the central government.
Britain and France have unitary
Constitutions.
A Federal Constitution divides
government authority between
the centre and the regions
conferring on the latter an autonomous
status.
The US Constitution, the Canadian
Constitution and the
Indian Constitution are examples
of Federal Constitutions.
Indian Constitution is described
as federal in term but
unitary in spirit.
The difference between American
federation and Indian federation
is that the Indian federations
are functioning under
the strong central Government.
Indian Constitution is Quasi -
Federal.
The word Federal is however
absent in the Indian Constitution.
Opinions
1. “Quasi federal” - K.C. Wheare
2. “Federation with a centralising
tendency”- Ivor Jennings
3. “Cooperative federalism”-
Granville Austin
4. “Unitary as well as federal” -
Ambedkar.
262
Important Dates in Indian Constitution
1687 The first Muncipal Corporation in India was set up in Madras.
1772 Lord Warren Hastings created the Office of District Collector.
1829 The office of the Divisional Commissioner was created by Lord William Bentick.
1859 The Portfolio System was introduced by Lord Canning.
1860 A system of Budget was introduced.
1870 Lord Mayo's resolution on financial decentralisation, visualised the development of
local self-government institutions in India.
1872 First Census in India was conducted during Lord Mayo's period.
1881 First regular Census was conducted during Lord Mayo's period.
1882 Lord Ripon's resolution was hailed as the 'Magna Carta' of local self-government. He is
regarded as the 'Father of local self-government in India'.
1905 The tenure system was introduced by Lord Curzon.
1905 The Railway Board was set up by a resolution of the Government of India.
1921 Public Accounts Committee was created at the Centre.
1921 Railway Budget was separated from the General Budget.
1935 Reserve Bank of India was established by an Act of the Central Legislature.
1935 The Government of India Act 1935 prescribed a federation for India.
1946 The elections to the Constituent Assembly under the Cabinet Mission Plan.
Dec. 9, 1946 The Constituent Assembly held its first meeting.
Dec. 11. 1946 Dr. Rajendra Prasad was elected president of the Constituent Assembly.
Nov. 26, 1949 Constituent Assembly approved the Constitution.
Jan. 26. 1950 The Constitution of India came into force.
1951 The first Constitutional Amendment.
1952 The first general election (1951-1952) to the Lok Sabha was held.
1953 The first linguistic state of Andra Pradesh was created.
1959 Panchayat Raj was introduced in Rajasthan.
1962 First emergency declared.
1963 The first no confidence motion was moved in the Lok Sabha after independence.
1975 Emergency due to internal disturbances
1976 The Fundamental Duties of Indian citizens were incorporated in the Constitution.
1978 Through the 44 th amendment Right to Property has been deleted from the list of Fundamental
Rights.
1989 Reduced the voting age from 21 to 18 years for the Lok Sabha as well as Assembly
elections.
1991 Created the National Capital Territory of Delhi.
1992 Formation of present day Panchyati Raj.
1999 Extended the reservation of Scheduled Castes, Scheduled Tribes and Anglo Indians in
Lok Sabha and State Assemblies for 10 more years ie. up to 2010.
2000 The creation of new states of Jharkhand, Chattisgarh and Uttaranchal.
2002 In the field of free and compulsory primary education for children Right to Education for
Children has been made a Fundamental Right.
263
Salient Features of the Constitution of India
The Constitution of India is the lengthiest or bulkiest written Constitution in the world.
The Constitution at present contains 444 Articles and 12 Schedules.
The Constitution has 24 parts. The first part has four Articles.
Originally our Constitution contained 395 Articles and 8 Schedules.
It is designed to work as federal Constitution in normal times and as a unitary one in emergency.
It establishes a parliamentary system of Government both at the centre and in the states.
The President is the Constitutional Head of the State (Country).
The Constitution of India introduces adult franchise and also the system of joint electorates.
Our Parliamentary system is based on universal adult franchise ie, every adult above 18 years of age has
(61st Constitution Amendment 1989) the right to vote.
The Constitution of India guarantees Fundamental Rights to all citizens of India.
It lays down the Directive Principles of State Policy for the guidance of the governmental authorities in the
country.
It provides for an independent judiciary.
The Supreme Court acts as the guardian of the Constitution.
Citizenship
(Article 5 - 11)
The Part II (Article 5-11) of the
Constitution deals with the
Citizenship, of India.
Articles 5 – 8 deals with the
citizenship at the time of commencement
of the Constitution.
Article 9 - citizenship will be
terminated if the person acquires
citizenship of another
country.
A person can become a citizen
of India even if born outside
India if his/her father or mother
is a citizen of India at the time
of person’s birth.
The citizenship can be lost by
renunciation, termination, or
deprivation.
The period of acquisition of
citizenship through registration
has been increased from 6
months to 5 years.
Constitutional Rights for
Indian Citizens
Fundamental rights that are
only given to Indian citizens
like – article 15, 16 and 19, 30.
Some important posts are only
for Indian citizens like President,
Vice-president, Chief Justice
of India, Judges of High
Courts, Attorney General,
Governor etc.
Right to vote for constituency
and assembly elections. There
is provision for Indian citizens
only to be a parliamentarian or
member of legislative assembly.
Citizenship (Amendment) Bill
1992 provide that a person
Dual Citizenship
With the passage of Citizenship (Amendmen t) Act 2003, India
decided to grant dual citizen ship to Person of Indian Origin (PIO) /
NRI’s in 16 nations, subject to the laws of their countries. However in
2005 the Indian Govt. stated that all PIO / NRI’s, who migrated fr om
India on or after Jan uary 26, 1950, will be granted dual citizensh ip.
Dual Citizenship allows a person to live in India indefinitely (so far
PIO card for 6 months). They can avail all benefits of a citizen of India.
However they cannot have the right to vote, and be elected or appoin
ted to public offices. Th ey can also travel to India without a Visa.
However persons from Pakistan, Ban gladesh, and any other country
that the govt may notify cannot have dual citizenship. Pravasi Bharatiya
Divas celebration is a platform where PIO/NRI’s and Indians meet and
share their aspiration. It is celebrated on 9th January in remembrance
of Gandhiji’s return from South Africa in 1915.
264
born outside India would be
deemed to be an Indian citizen
if either of his/her parents were
Indian.
Citizenship Act 2004 - to grant
dual citizenship to the People
of Indian Origin (PIO). The
concept of dual citizenship,
now phrased as overseas citizenship
will be granted to persons
of Indian origin belonging
to certain countries. At
present this facility is extended
to PIOs of 16 specified countries.
The Citizenship Act, 1955
provides for acquisition and
termination of citizenship after
the commencement of the
Constitution.
Persons entitled to Indian
Citizenship
One who has domicile in India.
One who was born in the
territory of India.
One, either of whose parents
was born in the territory of
India.
One who has been ordinarily
resident in the territory of India
for not less than five years.
Immediately preceding the
commencement of the
constitution.
Ways to acquire citizenship
The Citizenship Act of 1955
enumerates five ways.
1. By birth
2. By descent
Natural means
3. By Registration
5 Years continual Stay
(originally 6 months)
For only P.I.Os
Also for foreign spouses
of Indians.
4. By Naturalization
Only for foreigners
12 months continual stay.
5. Incorporation of Territories.
Loss of Citizenship
1. By Renunciation
by one’s own will.
2. By termination
due to acquisition of
citizenship of other
country.
3. By Deprivation
due to false means
Fundamental Rights
(Article 14 to 35)
The concept of Fundamental
Rights has its origin in the ''Bill
of Rights'' of USA.
Part III of the Constitution
deals with Fundamental Rights.
Fundamental Rights are
justiciable
The original Constitution classified the Fundamen tal Rights
into seven categories. But now ther e are only six categories.
They are
(1). Right to Equality (Article 14 - 18)
(2) Right to Freedom (19 - 22)
(3) Right against Exploitation (23 - 24)
(4) Right to Freedom of Religion (25 - 28)
(5) Cultural and Education al Rights (29-30)
(6) Right to Constitutional Remedies (31-35)
The Right to Property, one of the Fundamental Rights, was
taken away and it is only a legal right by the 44th Amendment
(1978).
The Fundamental Rights are
protected by the supreme
court & the high court as the
guardians of the Constitution.
The main objective of the inclusion
of Fundamental Rights
in the Constitution is to establish
a government of law and
not of man.
Fundamental Rights can be
suspended during an emergency
by the Parliament.
The Constitution abolishes
untouchability (Article 17) and
its practice in any form is punishable
with the term of 2 years
imprisonment.
Article 32 empowers the supreme
court to issue writs for
the enforcement & protection
of fundamental rights of a person
if these rights are violated
mostly by the state.
265
Types of Writs
Types of writs are
Habeas Corpus
Mandamus
Certiorari
Quo Warranto
Prohibition.
Habeas Corpus
(to have the body)
It is an order calling upon the
person who has detained another,
to produce the latter before
the court in order to let the
court know on what ground he
has been confined and to set
him free if there is no legal justification
for the imprisonment.
Mandamus (we command)
Commands a person to whom
it is addressed to perform
some public or quasi public legal
duty which he has refused
to perform and the performance
of which cannot be enforced
by any other adequate legal
remedy.
Certiorari
(to be certified)
Is issued directing the subordinate
court to send up certain
records for review.
Quo Warranto
(on what authority)
Is a proceeding whereby the
court enquires into the legality
of the claim which a party
asserts to public office, and to
oust him from its enjoyment if
the claim is not well founded.
4. To defend the country and render
national service.
5. To promote harmony and spirit
of common brotherhood
among all people transcending
religious linguistic, regional or
sectional diversities, to renounce
practises derogatory to
the dignity of women.
6. To value and preserve the rich
heritage of our composite culture.
7. To protect and improve natural
environment including forest,
lakes, rivers and wild life
and to have compassion to living
creature.
8. To safeguard public property
and objure violence.
9. To develop scientific temper,
humanism and spirit of enquiry.
10. To strive towards excellence in
all fields of individual and collective
activity.
11. Every citizen who is a parent
or guardian, to provide opportunities
for education to his
child or, as the case may be,
ward between the age of six
and fourteen years. The 11th
Fundamental Duty was added
by the 86th Constitutional
Amendment Act of 2002.
Swaran Singh Committee recommended
the idea of including
charter on Duties.
Prohibition
This writ is issued by the Supreme
Court or a High Court to
an inferior court forbidding the
latter to continue proceedings
in a case in excess of its jurisdiction
or to usurp a jurisdiction
with which it is not legally
vested.
The Supreme Court exercise
the power to issue writs under
Article 32 and High Court applies
such a power under Article
226 of the Constitution
Supreme Court & High Court
alone have power to issue
writs.
Fundamental Duties
(Article 51-A)
The Fundamental Duties of
Indian citizens were incorporated
in the Constitution by
42nd Amendment in 1976 to
curb subversive and unconstitutional
activities.
Fundamental Duties are modelled
on the Russian Constitution.
Under the new Article 51-A, a
list of ten duties are enumerated
.
1. To abide by the Constitution
and respect its Ideals and Institutions,
the National Flag &
the National Anthem.
2. To cherish and follow the noble
ideas which inspired our national
struggle for freedom.
3. To uphold and protect the
sovereignity, unity and integrity
of India.
266
Executive
The Constitution of
India states that the
Indian Executive is a
major branch of the
Parliamentary form of
government.
The President, Vice
President, Council of
Ministers, Governor
and Attorney General of
India are some of the
prominent heads in the
Executive Branch.
The President
The President is the head of
the Indian State.
He is also called the ‘de-jure’
head of the State.
He is the first citizen of India
and is the symbol of unity, integrity
and solidarity of the
nation.
Each and every executive action
is taken in his name,
though he has no direct power
over the execution of policies.
He is elected for a term of 5
years.
The President of India is the
Constitutional head of India.
The supreme commander of
the defence forces of India is
the President.
Powers of the President
Executive powers, Legislative
powers, Financial powers, Judicial
powers, Diplomatic powers,
Military powers and Emergency
powers.
The President of India represent
India in international forums,
sends and receives credentials
of Ambassadors and
High Commissioners.
The President summons, prorogues
the House of
Parliament and dissolves the
Lok Sabha.
The President has the power
to nominate 12 members to the
Rajya Sabha and 2 members of
the Anglo- Indian community
to the Lok Sabha.
Presidential assent is essential
before a bill becomes an Act.
If the President returns a bill to
the parliament for reconsideration,
the passage of the bill by
ordinary majority will compel
him to give his assent.
It is the Parliament that passes
the state budget during the
President's rule in a state.
The President has the power
to legislate by ordinance at a
time when it is not possible to
have a parliamentary enactment.
But to become an Act,
the ordinance should be
passed within six weeks of reassembly
of Parliament
In the Constitution of India,
the power of dissolving the
Lok Sabha rests with the President.
The term of office of the President
is five years unless he is
removed by impeachment or
resigns before expiry of the full
term. He is eligible for re-election.
Most important legislative
power of the president is the
Ordinance making power (Art
123).
An ordinance made when both
the houses are in session is
void.
The maximum life of an ordinance
can be six months and
six weeks in case of non approval
by the Parliament.
At present the President's salary
is fixed at Rs. 1,50,000 and
he is eligible for other allowances
charged on Consolidated
Fund of India.
Election of the
President (Art. 54)
The President of India is elected by
an electoral college consisting of the
following members.
Elected members of both the
Houses of Parliament.
Elected members of the Legislative
Assemblies of the States.
Elected members of the Legislative
assemblies of the Union
Territories of Delhi and
Pondicherry.
The nominated members of the
State Legislative Councils and
the nominated members of the
legislative assemblies of Delhi
and Pondicherry do not participate
in his election.
The election is done on the
bases of proportional representation
by single transferable
vote.
The value of the vote of an
MLA is decided as follows.
Value of the vote of an MLA =
Total population of state
Total number of elected
members in the State
Legislative assembly
1
1000
The value of the vote of an
267
The value of the vote of an
MP can be decided as follows
Value of the vote of an MP=
Total population of votes
of all MLA' s of all States
Total number of elected
members of Parliament
A candidate, in order to be declared
elected to the office of
President, must secure a fixed
quota of votes.
The quota of votes is determined
by dividing the total
number of valid votes polled
by the number of candidates
to be elected, plus one and
adding one to the quotient
electoral quota =
Total number of valid
votes polled
1+1 = (2)
1
It is also provided in the Constitution
that the candidate to
be declared elected as President
must receive more than
50% of the polled valid votes.
To be a candidate for the office
of the President, nomination
must be proposed by
atleast 50 elected members and
to be seconded by another 50
electors. This procedure was
introduced during the Presidential
election in 1997, when
Mr. K. R. Narayanan was
elected.
Art 74 - The executive powers
are to be exercised by the President in accor -
dance with the advice of the Prime Minister and Council
of Ministers.
Ar ticles 54 and 55 of th e Indian Constitution laydown the
pr ocedure for electing the President.
President has no veto power in respect of constitutional
Amen dment bill 24th Amen dment 1971 made it obligatory
for the President to give h is assen t to the
constitutional Amendment Bill.
Qualifications
Citizen of India.
Not less than 35 years of age.
Qualified for election as member
of Lok Sabha.
Not holding any office of profit
under the government.
Not a member of Parliament.
Prime Minister, Union Ministers, Attorney - General,
Comptroller and Auditor General, Judges of the Supreme
Court and High Courts, Governor of a state, UPSC Chairman,
Chief Election Commissioners, Ambassadors, Deputy
Chairman of members of planning commission etc. are
appointed by President.
Any dispute regarding the
election of the president or
vice-president is decided by
the Supreme Court under article
71 of the Constitution.
The procedure for
impeachment (Art. 61)
The President can be removed
from office by adopting an address
by not less than 2/3
rd
majority of the members of the
House and to be approved by
a similar majority of the members
of the other house.
The President can also be removed
from office on the
ground of violation of Constitution
by the process of impeachment
(Article 61) by giving
14 days notice signed by
atleast 1/4 th of the member of
the House (either Rajya Sabha
or Lok Sabha).
14 days notice to be given to
the President in writing by either
house signed by not less
than one-fourth of the total
number of the house which
has made the charges.
After 14 days, a resolution has
to be passed in the same house
with a 2
3 majority of the total
strength of the house.
Then the other House shall investigate
the charges.
Meanwhile the President has
the right to be represented in
such investigation.
If after the investigation, a
resolution is passed by 2
3
majority of the total strength
of the House (investigating)
the president stands impeached.
If a sudden vacancy occurs
due to resignation, death or
impeachment, the elections are
held within six months and the
Vice-President acts as President
till new President assumes
office.
268
Powers
He is the Chief Executive head
of the Indian Union and Supreme
Commander of the armed forces.
His powers can be classified as under.
Executive Powers
He appoints the senior officials
of the state like the Prime Minister,
Ministers, Attorney General, Comptroller
and Auditor General, Chief
Justice, Judges, Governors, Financial
Commissioner, UPSC members.
Chief Election Commissioner and
other Election Commissioners. All
executive action is taken in his
name. All Union territories are under
the President of India.
Legislative Powers
Nominates 12 members of the
Rajya Sabha from amongst the
persons having special knowledge
or practical experience in
respect of literature, science,
art and social service.
He nominates two members to
the Lok Sabha from the Anglo-
Indian community.
Summons and Prorogues the
Parliament and dissolve the
Lok Sabha.
He addresses the Parliament at
the commencement of the first
session after each general election
and the first session of
each year.
He summons a joint sitting of
both the houses of Parliament
which is President over by the
Speaker of the Loksabha.
Assents or with holds his assents
to any Bill passed by the
Parliament or return the bill (if
its is not a money bill or a Constitutional
Amendment Biill) for
reconsideration of the Parliament.
According to article 123, President
can promulgate ordinaces
when both the Houses of the
Parliament are not in session.
These ordinances must be approved
by the Parliament
within the six weeks of its reassembly.
The ordinance can
be effective for a maximum period
of six months and six
weeks.
Financial Powers
Sanctions introduction of
money bill in the Parliament.
The President lays the Union
budget before the Parliament.
To meet the unfore seen expenditure,
the President can make
advance out of the contingency
fund of India.
Judicial Powers
He can grant pardon, reprieve,
remit the sentences or suspend
remit or commute punishment.
He appoints the Chief Justice
and Judges of Supreme Court
and High Courts.
Veto power of the President
(Art. 111)
When a bill is presented to President
for his assent, he may give his
assent, may withhold his assent, or
may return the bill.
The objective of veto power is
to prevent hasty and ill-considered
legislation and to prevent
a legislation which may be unconstitutional.
There are four
types of veto — Absolute veto,
Qualified veto, Suspensive
veto, Pocket veto.
President of India enjoys the
exercise of absolute veto, suspensive
veto and pocket veto.
Absolute veto: It is the power
of the President to withhold his
assent to a bill and the bill does
not become an act.
It is used in two cases, with
respect to private member’s bill
and the government bill when
the cabinet resigns and a new
cabinet advises the president
not to give assent to that bill.
Examples are, in 1954, Dr.
Rajendra Prasad withheld his
assent to the PEPSU Appropriation
Bill.
In 1991, R. Venkataraman withheld
his assent to the Salary,
Allowances and Pension of
members of Parliament Bill.
Suspensive veto: It is exercised
when the president returns the
bill for reconsideration.
If the Parliament sends back
the bill with or without amendments,
it is obligatory for the
president to give assent.
This veto is not exercised in
the case of money bill because
money bill is introduced in the
parliament on the recommendation
of the president.
Pocket veto: It is the power of
the president not to take any
action on the bill, pending it
for an indefinite period. Examples
are in 1986, Zail Singh
exercised the pocket veto with
respect to Indian Post Office
(Amendment) Bill.
The 24th amendment act of
1971 made it obligatory for the
president to give his assent to
a constitutional amendment
bill.
Emergency
The Constitution of India provides
for three types of Emergencies:
arising out of civil war, external
aggression or armed rebellion
(Article 352);
269
arising out of failure of Constitutional
machinery in the States
(Article 356);
arising due to financial crisis
(Article 360).
National Emergency Under
Article 352
The Emergency is declared by
the President.
During the emergency the State
can suspend the fundamental
rights conferred in Part III of the
Indian Constitution.
Any proclamation by the President
is valid only for one month
unless it is approved by both
houses of the Parliament.
An emergency provision, unless
revoked, ceases to operate
on the expiration of a period of
six months.
Emergency due to failure of
constitutional machinery in states
Article 356 (1) states that if the
President on receipt of a report from
Governor of a State, or otherwise,
is satisfied that a situation has
arisen in which the government of
the State cannot be carried in accordance
with the provisions of the
Financial Emergency
(Article 360)
The Constitution provides
that if there is a financial crisis
in the country or in any part of
the country, the President can
declare a Financial Emergency.
This type of Emergency so far
has never been declared.
Constitution, he can proclaim this
emergency. The President may do
the same when any State has failed
to comply with, or to give effect to,
any directions given by the Union
(Article 365).
Justice M. Hidaytullah is the
only person to perform the
functions of the President
two times in two different
capacities, the first time in
1969 being the Chief Justice
of the Supreme Court and the
second time being the Vice-
President of India in October
1982.
In the History of Presidential
elections, V.V. Giri is the only
person who won the election
First Presidential election – 1962, to elect Dr. Radha Krishnan
First acting President – V.V. Giri
Longest term in office – Dr. Rajendra Prasad (12 years)
Shortest term in Office – Dr. Zakir Hussain
Oldest President in Office – R. Venkata Raman (76 years)
Youngest president in office – Neelam Sanjiva Reddy (64 years)
Acting Presidents – V.V. Giri, Justice Mohammad Hidayatullah, B.D. Jatti.
Died while in office – Dr. Zakir Hussain, Fakhruddin Ali Ahmed.
Only Chief Justice to act as president – Justice Hidayatullah.
42nd amendment states that the President is bound by the advice of the council of
ministers.
44th amendment states that the President can ask the council of ministers to reconsider
its advice.
Disputes regarding presidential/vice-presidential election are decided by the Supreme
Court.
The Rashtrapati Bhavan
official residence of the President of India
The Rashtrapati Bhavan is the
official residence of the President
of India, located in New Delhi.
Until 1950 it was known as
"Viceroy's House" and served as
the residence of the Viceroy of
India. It is at the heart of an area
known as Lutyens' Delhi. It is the
largest residence of any Head of
the State in the world.
270
of the President as an
independent candidate in
1969.
In July 1977, Neelam Sanjeeva
Reddy was elected
unopposed as no one else
filled nomination for the post
of the President.
The Vice President
The Vice-President of India is
the second-highest ranking
government official after the
President.
Vice President is the ex-officio
Chairman of the Rajya Sabha.
Article 63 of the Constitution
of India provides for a Vice-
President.
The office of Vice President is
modelled on the times of American
vice-president.
Vice President is elected by
an electoral college of members
of both the Houses
(Rajya Sabha and Lok
Sabha) of the parliament by
single transferable vote by
secret ballot of the Parliament.
Nomination of the candidate
for election to the office
of Vice-president must
be subscribed by atleast 20
electors as proposers and
20 electors as seconders.
The Vice President shall act as
the President during the latter’s
absence.
The term of Vice President is 5
years.
If the President resigns or dies
in office the Vice President
shall act as the President for a
maximum period of 6 months
and before the end of that period
a new President will be
elected.
Vice Presidents VV Giri and
B.D. Jatti acted as President.
A formal impeachment is not
required for the removal of Vice
President. He can be removed
by a resolution of the Rajya
Sabha passed by an absolute
majority (ie. a majority of the
total members of the House)
and agreed to by the Lok
Sabha.
Krishna Kant was the first Vice
President to die in office.
Election is the only constitutional
remedy on the death of
a Vice President. There is no
provision for temporary filling
of the post. The most important
duty of the vice president
is to act as the Chairman of
Rajya Sabha.
Vice President draws his regular
salary in the capacity as the
ex-officio Chairman of the
Rajyasabha.
Present salary is Rs.1,25,000
per month.
However when he acts as the
president, he can enjoy the
salary and allowance of the
President.
Vice President is also eligible
for re election to that office. He
may be elected for any number
of times (Dr. S. Radha Krishnan
was elected for a second term).
Removal of Vice-President
He can be removed by a resolution
of the Rajya Sabha
passed by an absolute majority.
(Majority of the total members
of the House).
This resolution however must
be agreed to by the Lok Sabha.
Before moving such a resolution
a 14 days advance notice
has to be given.
The vice-president can hold
office beyond his term of five
years until his successor assumes
charge.
He is also eligible for re-election
(Dr. S. Radhakrishnan was
elected for a second term).
Officials Term of Salary
Emoluments Office (per month)
President 5 years 1,50,000
Vice President 5 Years 1,25,000
Governor 5 years 1,10,000
Chief Justice of the 5 years/Till he attains 1,00,000
Supreme court the age of 65 years
(which comes first)
Judge of the 5 years/ Till he attains 90,000
Supreme Court the age of 65 years
(which comes first)
Chief Justice of the Till he attains 90,000
High Court the age of 62 years
Judge, Till he attains 80,000
High Court the age of 62 years
271
Functions
Chairman of Rajya Sabha
Presides over the meetings of
Rajya Sabha.
Maintains decorum and decency
in Rajya Sabha.
Allots time to members to
speak.
He is not a member of Rajya
Sabha.
Makes use of casting vote (in
case of tie).
Acts as President in case of vacancy
in the presidential office
for a maximum period of 6
months. (Then he does not do
his functions as the chairperson
of Rajya Sabha).
The constitution however has
not assigned any significant
function to the vice-president
in that capacity.
This office in actuality was created
with a view to maintain the
political continuity of the Indian
State.
With regard to emoluments the
constitution has not fixed any
amount for the Vice-President
in that capacity.
Qualifications
Citizen of India. More than 35
yrs of age. Possess the qualification
for membership of Rajya
Sabha. Not hold any office of
profit under union, state or local
authority. However, for this
purpose, the President, Vice-
President, Governor of a State
and a Minister of the Union or
a State, are not held to be holding
an office of profit.
Comptroller & Auditor
General (Article 148)
Comptroller and Auditor General
(CAG): Appointed by the
President. He holds the office
for 6 years or till he attains the
age of 65, which ever is earlier.
Procedure of removal of Comptroller
and Auditor General and
Supreme Court judge is same.
Both of them are removed by
the President, on recommendation
of both the Houses of Parliament.
Comproller and Auditor General
of India
Vinod Rai
Main Function of CAG is to
monitor the expenditure, or in
other words he can be called
the guardian of public purse.
In case of state, the report is
submitted before the Governor.
The Constitution provides for
the Comptroller & Auditor General
the guardian of public finances
and to serve as the Chief
Accounts Officer of the
Govrnment of India. He is a senior
administrative official appointed
by the President, retiring
at 65 years.
Removal by the President only
in accordance with the procedure
mentioned in the Constitution.
Thus he does not hold
his office till the pleasure of the
President, though he is appointed
by him.
CAG is not eligible for further
office either under Government
of India or of any state, after
he ceases to hold his office.
His salary and other service
conditions are determined by
the Parliament. His salary is
equal to that of Judge of the
Supreme Court.
His primary functions are:
To examine and satisfy that the
money allotted by the Parliament
to the various departments
through the budget has
been properly spent.
To present the proforma in
which the accounts of the governments
should be shown.
To direct, supervise and control
the activities of Accountant
General in states whose
duty been to examine and satisfy
that the money allotted by
the legislative assembly of the
state to various departments is
to be properly spent.
To secure as the Friend, Philosopher
& Guide of the Public
Accounts Committee of the
Parliament.
CAG submits three Audit reports
to the President - Report
on appropriation accounts,
Audit Report on final accounts,
Audit Report on Public
undertakings.
CAG is an agent of Parliament
and conducts audit of expenditure
on behalf of the Parliament.
Therefore, he is responsible
only to Parliament.
Attorney General (Art. 76)
Art. 76 provides for the officer
of the Attorney General of
India.
Give advice to the Govt. on
legal matter when referred to
him by the President.
He appear in the Supreme
Court on behalf of the Govt. of
India.
Highest law officer of India.
Appointed by the President.
He must be qualified to be
appointed as judge of the
Supreme Court.
272
Usually he resigns when the
Govt. resigns or replaced.
His remuneration is not fixed
but determined by the
President.
Has the power to speak and
take part in the proceedings of
the parliament, without the
right to vote.
Present A.G.: Goolam E.
Vahanvati
The Prime Minister
The Prime Minister is appointed
by the President [Article
75 (1)]
Prime Minister is the real executive
authority (de facto executive)
The President invites the
leader of the majority party or
the leader of the coalition to
form the Government.
India, as a Parliamentary democracy,
the real power vests
in the hands of Prime Minister.
The Council of Ministers in
India is presided over by the
Prime Minister.
The Prime Minister is the exofficio
Chairman of the Planning
Commission.
The Prime Minister is the
leader of the Lower House of
the Parliament.
President can appoint only
those persons as ministers
who are recommended by the
Prime Minister.
Pandit Jawaharlal Nehru had
the longest tenure as Prime
Minister for nearly 17 years
and Vajpayee the shortest (13
days).
Article 74 (1) state that the Prime
Minister shall be 'at the head'
of the Council of Ministers.
As a chairman of the cabinet,
he summons its meeting and
presides over them.
The resignation or death of an
incumbent Prime Minister automatically
dissolves the council
of ministers. But the resignation
or death of any other
ministers merely creates a vacancy
which the Prime Minister
may or may not like to fill.
The position of the Prime
Minister in the Council of
Ministers is described as
Primus Inter Pares i.e. first
among equals.
Article 78 expounds the duties
and functions of the Prime
Minister.
He advises the President with
regard to the summoning and
proroguing of the sessions of
the Parliament.
In relation to the Parliament
He is usually leader of the
lower house.
He influences the foreign
policy of the country.
He meets various people and
listens to their problems.
He is the leader of the party in
power.
He is the political head of the
Civil Services.
In relation to the President
He is the channel of communication
between the President
and the Council of Ministers.
He advises the President with
regard to the appointment of
important officials like Attorney
General, Chairman and
members of UPSC, Election
Commissioners, Chairman and
members of Finance Commission
etc.
Youngest Prime Minister of India: Rajeev Gandhi
The Prime Minister who ruled for the shortest term: Charan Singh
Oldest to be the Prime Minister. Morarji Desai
First woman prime minister of India: Indira Gandhi
(Sirimavo Bandaranaika of Sri Lanka was the first woman prime
minister in the world).
Prime Minister who did not face parliament: Charan Singh
First acting Prime Minister: Gulzarilal Nanda (Interim PM on two
occasions - After the demise of Jawaharlal Nehru and again after
the sudden demise of Lal Bahadur Sasthri)
Longest term as Prime Minister: Jawaharlal Nehru
Shortest term as Prime Minister: A.B. Vajpayee
First Bachelor Prime Minister: A.B. Vajpayee
First minority Government: V.P. Singh government
First non-Congress government: Morarji Desai government
(Janatha Party)
Prime Minister is
the ex-officio Chairman of
the Planning Commission,
National Development Council,
National Integration
Council and Inter-state
Council.
273
First Union Cabinet (Important Persons)
Prime Minister ................................................. Jawaharlal Nehru
Deputy Prime Minister .......................................... Vallabhai Patel
Home Minister ...................................................... Vallabhai Patel
Finance Minister ..................................... RK.Shanmugham Chetti
Industry Minister ............................................M. Visweswaraiha
Defence Minister .................................................... Baldev Singh
Railway Minister ......................................................... L.B. Sastri
External Affairs Minister ................................... Laxmi N. Menon.
Education Minister .........................................Abdul Kalam Azad
Health Minister ..... Rajkumari Amrit Kaur (Princess of Kapurthala)
Law Minister .................................................. Dr. B.R. Ambedkar
Non Congress Member in the First Council of Ministers.
Ambedkar, Shyama Prasad Mukerjee, John Mathai, C.H.
Bhabha, Shanmugam Chetti.
FIRST IN INDIA
• First Budget of Free India
By R.K. Shanmukhan Chetty in
1947, Nov. 26
• First General Budget presented
by C.D. Deshmukh on May
23, 1952
• First dissolution of Lok Sabha.
4th Lok Sabha in 1971.
• First Rajya Sabha adjournment
In December 1995 for want of
quorum (25 members need for
a sitting)
• Most confidence motions.
11th Lok Sabha saw four confidence
motions
• First Speaker to address the
House - P.A. Sangma
• First vice chairman of Rajya
Sabha: S.V. Krishnamoorthy
(1952)
• Longest term as Rajya Sabha
chairman:Dr. S. Radhakrishnan
(1952 - 1962)
• First woman General Secretary
of Rajya Sabha : V.S. Rama Devi
• Longest tenure in one port folio
: Rajkumari Amrit Kaur
(Health Minister ) 1947-1957
In relation to the
Council of Ministers
He recommends ministers to
the President.
He allocates and reshuffles
various portfolios among
ministers.
He may ask a minister to resign
or advice the President
to dismiss a minister.
He presides over the meeting
of the Council of Ministers.
He guides, directs and controls
the Council of Ministers.
He may bring the collapse of
the Council of Ministers by
resigning. LEGISLATURE
Union Council of Ministers
In India there are two types of executives:
1. constitutional or ceremonial (President)
2. the real executive namely the Union Council of Minister headed by
Prime Minister.
Our system of government is called as parliamentary because the real
executive namely the Union Council of Minister emerges out of parliament
and is answerable and responsible to it, it shall continue in
office so long as it continues to command the majority of the house
and shall go out of office if it loses its majority there.
Article 74 - says that the President shall exercise his power on the
aid and advice of the union council of ministers with the Prime Minister
as its head.
In case, a no -confidence motion is passed against any minister, the entire
Council of Ministers resign.
A minimum of 50 members support is required to present a no-confidence
motion in the floor of the house.
In India, there are 3 types of Ministers in the Union Council of Ministers
namely, the Ministers with Cabinet rank, Ministers of the State
and the Deputy Ministers.
The Cabinet consists of the Prime Minister and other cabinet ranking
ministers and its meeting are presided over by the President.
The salaries and allowances of ministers are determined by Parliament
from time to time.
The Primary function of the union council of ministers include supervision
of the day to day administration of the country, preparation of
the bills and the budget, answering questions raised on the floor of
the house, advising the President on the matter of administration etc.
When the Lok Sabha passes a no-confidence motion against the
council of ministers all the ministers have to resign including those
ministers who are from Rajya Sabha.
274
Cabinet vs Council of Ministers
Council of ministers Cabinet
It is a wider body consisting of 60 to 70 ministers.
It includes all the three categories of ministers,
that is, cabinet ministers, ministers of state, and
deputy ministers.
It does not meet, as a body, to transact government
business. It has no collective functions.
It is vested with all powers but in theory.
Its functions are determined by the cabinet.
It implements the decisions taken by the cabinet.
It is a constitutional body, dealt in detail by the
Articles 74 and 75 of the Constitution. Its size
and classification are, however, not mentioned
in the Constitution. Its size is determined by
the prime minister.
It is collectively responsible to the Lower House of
the Parliament.
It is a smaller body consisting of 15 to 20 ministers.
It includes the cabinet ministers only. Thus, it is
a part of the council of ministers.
It meets, as a body, frequently and usually once
in a week to deliberate and take decisions regarding
the transaction of government business.
Thus, it has collective functions.
It exercises, in practice, the powers of the council
of ministers and thus, acts for the latter.
It directs the council of ministers by taking policy
decisions which are binding on all ministers.
It supervises the implementation of its decisions
by the council of ministers.
It was inserted in Article 352 of the Constitution
in 1978 by the 44th Constitutional Amendment
Act. Thus, it did not find a place in the original
text of the Constitution.
It enforces the collective responsibility of the
council of ministers to the Lower House of Parliament.
275
THE PARLIAMENT OF INDIA (THE UNION LEGISLATURE )
The Parliament is the highest law making body of India and is
bicameral with two houses namely (i) Lok Sabha (House of
people) (ii) Rajya Sabha (Council of States)
The Lok Sabha is also known as the “House of the People” or
the Lower house.The Rajya Sabha is also known as “Council of
States” or the Upper house. Unlike Lok Sabha, it is not subject to
dissolution. Three sessions of Lok Sabha take place in a year:
Budget session: February to May, Monsoon session: July to
September, Winter session: November to December.
The term Parliament originated from the French word 'parler'
which means 'to discuss', 'to talk' etc.
Lok Sabha (Art. 81)
It is the third integral part of
Indian Parliament. It is also
known as the lower house, first
chamber or popular House. It
represents the people of India
as a whole.
The Lok Sabha held its first
sitting on May 13, 1952
A non member of the house
(Lok Sabha) can also be nominated
as the Prime Minister on
condition that he should
qualify to become a member of
either house of parliament
within a period of 6 months.
The Lok Sabha can be dissolved
by The President.
A person can be debarred from
taking his seat in the house if
he has been absent without the
permission of the House for
more than 60 days.
The Lok Sabha is the lower
house or the first chamber and
Rajya Sabha is the upper house
or the second chamber.
The first no confidence motion
moved in the Lok Sabha after
Independence was in 1963.
The Present Lok Sabha is the
14th, the total members is 545.
(530 from states, 13- from union
territories, 2 from Anglo Indian
community).
A recent legislation by Parliament
has fixed that upto 2026
the existing number of the
members of the Lok Sabha
should not be raised and that
this figure shall continue.
Constitutionally the maximum
number in Lok Sabha is 552
(530 from states, 20 from UTs,
2 from Anglo Indian community
= 552)
Population is the basis of Lok
Sabha constituencies. A constituency
is for 10 lakh voters.
But it is difficult to keep this
limit.
The Lok Sabha is popularly
elected whereas the Rajya
Sabha is indirectly elected and
nominated.
The 61st Amendment (1989) reduced
the voting age from 21
years to 18 years.
A member of Lok Sabha must
have the following basic qualifications.
He must be a citizen of India.
Must be 25 years of age.
Must possess qualifications
prescribed by the Parliament.
The major functions that the
Lok Sabha does are
Enactment of Laws.
Passing of Vote of
Confidence.
Controlling the finance of
the Union Government
Eliciting information by
asking questions and
supplementories.
Moving of adjournment
motion and criticize the
Government
Impeachment of the
President.
Introduction of the
Money bill with the prior
permission of the
President.
The Lok Sabha has its own TV
channel, Lok Sabha TV, headquartered
within the Parliament
premises.
Lok Sabha General Election
1st Lok Sabha ..................... 1951
2nd Lok Sabha .................... 1957
3rd Lok Sabha .................... 1962
4th Lok Sabha .................... 1967
5th Lok Sabha .................... 1971
6th Lok Sabha .................... 1977
7th Lok Sabha .................... 1980
8th Lok Sabha .................... 1984
9th Lok Sabha .................... 1989
10th Lok Sabha ................... 1991
11th Lok Sabha ................... 1996
12th Lok Sabha ................... 1998
13th Lok Sabha ................... 1999
14th Lok Sabha .................. 2004
15th Lok Sabha ................... 2009
276
Rajya Sabha (Article 80)
The Rajya Sabha was first constituted
on April 3, 1952.
Rajya Sabha is also known as
upper house, second chamber,
or the House of Elders.
The time - gap between two
sessions of Parliament must
not exceed 6 months
The name “Rajya Sabha” was
adopted by the Council of
States in 1954.
The Fourth Schedule of the
constitution deals with the allocation
of seats in the Rajya
Sabha to the States and Union
territories.
The Council of States (the upper
house) is composed of not
more than 12 members nominated
by the President and not
more than 238 representatives
of the States and the Union
Territories elected by the
method of indirect election.
Total number of members is
250.
Rajya Sabha cannot be dissolved.
It is a permanent body.
Its one-third members retire
Functions of the Parliament
The most important function of the Parliament is to legislate i.e,
make legislations for the development which benefits the society.
The second most important function is to exercise control over the
Executive.
The Parliament provides the Council of Ministers as the Ministers
are the Members of the Parliament.
It has financial control over the Executive. The Parliament is the sole
authority to raise taxes.
It provides an opportunity to deliberate on various policies and
measures before their implementation. Thus, the Parliament is also
an authoritative source of information, collected and disseminated
through the debates and through the specific medium of Questions
to the Ministers.
The original Constitution, under Art. 83, envisaged the normal
tenure of the Lok Sabha to be 5 years. However, Parliament by 42nd
Amendment extended it to six years, but the 44th Amendment Act
again fixed the original normal tenure of five years.
Presiding Officers
Both Houses of Parliament
have their respective
presiding officers.
Lok Sabha has the Speaker,
the deputy speaker and
panel of chairpersons.
Rajya Sabha on the other
hand has a Chairman, a Vice-
Chairperson and a panel of
Vice- Chairpersons.
after every two years and the
same number of members are
elected after every two years.
The members of Rajya Sabha
are elected for a term of six
years.
Chairman of the Rajya Sabha
can be removed from his office
only if he is removed from the
office of the Vice President.
Each state get a representation
in Rajya Sabha on the basis of
its population of the previous
census.
Puducherry and the NCT of
Delhi are the UTs having
representation in the Rajya
Sabha. Puducherry has one
member and Delhi has three.
UP has the largest membership,
i.e, 31
Rajya Sabha can exercise a special
power in relation to a subject
included in the state list.
Deputy Chairman of
Rajyasabha K. Rahman Khan
Chairman
The Vice-President of India is
the ex-officio chairman of the
Rajya Sabha. He presides
over the proceedings of the
Rajya Sabha as long as he
does not act as the President
of India during a vacancy in
the office of the President.
Deputy Chairman
The Deputy Chairman is
elected by the Rajya Sabha
from amongst its members. In
the absence of the Chairman,
Deputy Chairman presides
over the functions and
proceedings of the House.
Panel of Vice Chairpersons
The Chairman of the Rajya
Sabha nominates a panel of
Vice- Chairpersons under the
Rules of Rajya Sabha.
Any one of them can preside
over the house, when both
chairman and vice- chairman
are absent.
277
Speaker
The Presiding officer of the
Lower House is the Speaker.
The Speaker is the ex-officio
chairman of the Business Advisory
Committee and the
Rules Committee.
The Speaker is elected by the
members of the Lok Sabha from
among themselves.
If the office of the speaker falls
vacant the Lok Sabha elects
another member. The date of
election of Speaker is fixed by
the President.
He resigns by writing to the
Deputy Speaker.
If there is a dead lock between
the two houses in passing a
bill other than a money bill, the
President shall call for a joint
sitting of the two houses for
resolving the difference and in
such a joint sitting the Speaker
shall preside the meeting.
Normally the Speaker has no
right to vote in the house, but
he can exercise a casting vote
if there is a tie in passing a bill,
resolution etc.
Whenever LokSabha is dissolved,
the speaker does not
vacate his office and continues
till the newly elected Lok
Sabha meets.
Speaker decides whether a bill
is a money bill and his decision
in this question is final.
He decides the questions of
disqualification of a member of
the Lok Sabha on the ground
of defection under the provisions
of the Tenth Schedule.
In the absence of the Speaker,
the Deputy Speaker shall exercise
his duties and that he is
Lok Sabha Constituencies in states
Delhi (State) ........................................................................ 7
Andhra Pradesh ................................................................. 42
Arunachal Pradesh .............................................................. 2
Assam ............................................................................... 14
Bihar .................................................................................. 40
Chandigarh (Union Territory) ............................................... 1
Chhattisgarh (State) ........................................................... 11
Dadra and Nagar Haveli (Union Territory) ............................ 1
Daman and Diu (Union Territory) ......................................... 1
Andaman and Nicobar Islands (Union Territory) .................. 1
Goa ..................................................................................... 2
Gujarat ............................................................................... 26
Haryana ............................................................................. 10
Himachal Pradesh ................................................................ 4
Jammu and Kashmir ............................................................. 6
Jharkhand .......................................................................... 14
Karnataka ........................................................................... 28
Kerala ................................................................................ 20
Lakshadweep (Union Territory) ............................................ 1
Madhya Pradesh ................................................................ 29
Maharashtra ....................................................................... 48
Manipur .............................................................................. 2
Meghalaya .......................................................................... 2
Mizoram .............................................................................. 1
Nagaland ............................................................................ 1
Orissa ................................................................................ 21
Puducherry (Union Territory) ............................................... 1
Punjab ............................................................................... 13
Rajasthan ........................................................................... 25
Sikkim ................................................................................. 1
Tamil Nadu ......................................................................... 39
Tripura ................................................................................ 2
Uttarakhand ........................................................................ 5
Uttar Pradesh ..................................................................... 80
West Bengal ....................................................................... 42
Official D ocuments
Blue Book ......................................................... Britain
Grey Book ......................................... Japan & Belgium
Green Book ........................................ Italian & Persian
Orange Book ............................................ Netherlands
White Book ....................................... Portugal & China
Yellow Book ..................................................... France
White Paper ........................................................ India
278
Comparison between Rajya Sabha and Lok Sabha
Rajya Sabha
1. It is t he Cou nci l of the Upper House of Parliament.
2. Maximum strength is 250. 12 members who
have distinguished themselves in art and culture
are nomina ted by the President.
3. To become a member, a candidate must be over
30 years old.
4. The Vice Presiden t presides over the Ra jya
Sab ha.
5. Members of the Rajya Sabha have a tenure of
six years. One third of its members retire every
two years.
6. It is a permanent body. It has no power over a
money bill.
At the most it can withhold the money bill for
over 14 days.
Lok Sabha
1. It is the C ouncil of the Lower Hou s e of Parliament.
2. Maximum strength is 552, out of which 530
represent the states an d 20 represent Union
Territories. 2 members are nominated from the
Anglo-Indian community.
3. To become a member one must not be below
25 years.
4. The Presiding Officer is the Speaker.
5. The Lok Sabha usually has a tenure of five
years.
6. The Lok Sabha can be dissolved by the Presid
en t.
Money bills are introduced only in Lok Sabha.
It is the Speaker of Lok Sa bha who decides
whether a bill is a money bill or not.
elected by the members of the
house from among themselves.
Second Lok Sabha speaker to
die in harness - G.M.C
Balayogi. First one to die in
harness was the first speaker
G.V. Mavlankar.
The Speaker derives his power
from the consitution, the Rules
of Procedure and conduct of
business of Lok Sabha and
Parliamentary Conventions.
The term of the Speaker is from
the date of election to that office
to the date of the commencement
of the first session
of the new parliament.
The speaker tenders his resignation
just before the beginning
of the first session of the
new parliament.
The early termination of the
Speaker’s tenure can be brought
in by three factors.
If he ceases to be a member of
the Lok Sabha.
If he resigns by writing to the
deputy Speaker.
If he is removed by the resolution
passed by a majority of the
members of Lok Sabha (14 days
notice with a support of 50
members).
Whenever the house meets to
remove the Speaker, he cannot
preside over the sitting of the
house.
However he may take part in
the proceedings and vote ( not
in case of equal vote).
Protem Speaker
Since the Speaker vacates his
office when the new Lok Sabha
meets, the constitution provides
that the President may
appoint a member as the
Speaker Protem (Usually the
senior most member).
The President himself administers
oath of office to him.
In the new Lok Sabha he administers
oath of office to the
newly elected members.
The major functions of the
Speaker are
To maintain order and decorum.
To interpret the provisions of (a)
the constitution, (b) Rules of
Procedure and conduct of Business
in the Lok Sabha, (c) the
Parliamentary conventions
within the house.
To adjourn or suspend the meeting
of the House.
To exercise casting vote in case
of tie.
To preside over joint sitting.
To allow a ‘secret’ sitting of the
House.
To decide the questions of disqualifications
of a member of
Lok Sabha.
To decide whether a bill is money
bill or not.
To act as the ex-officio chairman
279
of the Indian Parliamentary
Group of the Inter- Parliamentary
Union.
To appoint the chairman of all
the Parliamentary Committies of
Lok Sabha.
To act as the Guardian of the
privileges of Lok Sabha members.
Deputy Speaker
Deputy Speaker is also elected
by the Lok Sabha and his date
of election is fixed by the
speaker.
He assumes Speaker’s office in
the absence of the Speaker.
However he is not subordinate
to the Speaker because he is
directly responsible to the
House.
Panel of Chairperson : The
Speaker under the Rules of Lok
Sabha nominates a panel of ten
chairpersons.
Any of them may preside over
the House in the absence of
both Speaker and Deputy
Speaker.
However a member of this
panel cannot preside over the
House when the offices of the
Article 108: Joint Sitting of the Parliament
It is an extraordinary device to resolve a deadlock
between the two Houses over the passage
of a bill. It is the President who summons the
joint sitting and it is presided over by the Speaker
of Lok Sabha. This device is applicable to ordinary
bills and finance bills only. A deadlock over
bills comes into being in the following situations.
If the bill is rejected by the other House.
If the Houses have finally disagreed as to the
amendments to be made in the bill.
If more than six months have lapsed from the
Speaker and Deputy Speaker
fall vacant.
In this case the President may
appoint a person for presiding
over the House.
SESSIONS OF
PARLIAMENT
The President of India summons
each House of Parliament to meet.
The maximum gap between two
sessions of Parliament cannot
be more than six months.
Thus the Parliament meets twice
a year.
There are usually three sessions
in a year. (1) The Budget sessions
(February to May) (2) The
Monsoon sessions (July to
September) (3) The Winter Session
(November to December).
A session of Parliament is the
period spanning between the
first sitting of House and its
prorogation or dissolution.
There are various terms in relation
to the parliamentary sessions.
They are
Recess
It is the period, spanning between
the prorogation of a
House and its reassembly in a
date of receipt of the bill by the other house without
the bill being passed by it.
Article 108 of the Constitution makes provisions
for the Joint Sitting of both houses in order to
remove deadlock or differences between the two
houses with respect to ordinary bills.
Lok Sabha speaker presides over the joint sitting.
Since 1950, the provision regarding the joint sitting
of the two houses has been invoked only
three times for passing Dowry Prohibition Bill
1960, Banking Service Commission (Repeal) Bill
1977, POTA Bill 2002.
new session.
Adjournment
A sitting of Parliament can be
terminated by adjournment.
An adjournment suspends the
work in a sitting for specified
time which may be days or
weeks.
Adjournment Sine die
It means terminating a sitting of
Parliament for an indefinite period.
The Presiding officer usually
declares it when the business
of a session is completed .
Prorogation
It is the power of the President
to terminate a session of the
House.
It doesnot however affect the
bills pending before the House;
but the notices lapse.
Dissolution
Dissolution ends, the very life
of a House.
Rajya Sabha, being a permanent
body is not affected by it.
All bills, motions, resolution notices,
petitions, and its committees
lapse when the House
is dissolved.
Quorum
It is the minimum number of mem280
bers required to be present in
the House before it transacts
any business. Quorum is fixed
at one tenth of the strength in
each House (Lok Sabha -55,
Rajya Sabha-25)
Lame -Duck - Session
It refers to the last sessions of
the existing Lok Sabha after a
new Lok Sabha has been
elected.
Lame Ducks
It refers to those members of
the existing Lok Sabha who
could not get elected to the
new Lok Sabha.
Law making procedure of
Indian Parliament
Every bill before becoming law
has to undergo five stages
within the House of the Parliament.
The five stages are
Ist stage: At the first stage the
bill will be introduced by the
concerned minister and it will
be given first reading.
2nd stage: The bill is printed
and a copy of each is supplied
to the members of the house
and bill will be given the second
reading and will be followed
by a general discussion
of the bill.
3rd stage: The bill will be
passed on to a Select Committee
generally comprising of 15
to 30 members and this stage
is called Committee Stage.
4th stage: The committee collects
all data, interviews persons
and reports the bill back
to the house and this stage is
called Reporting Stage. At this
stage there is a thorough and
detailed discussion of the bill
and often every sentence is
passed with the approval of the
members and voted.
5th stage: This is the final
stage. The bill will be given a
third reading, oral amendment
can be introduced which may
or maynot be accepted and after
a general voting of the bill
it will be declared as passed
and the presiding officer of the
house shall sign it.
A similar process takes place
in the other house also and
then the bill will be presented
before the President for his
assent. Once the bill gets his
assent, it becomes an Act.
By a verdict given by a division
bench headed by former
Chief Justice V.K. Sabarwal the
parliament has given Supreme
power to oust MPs.
Budget (Article 112)
Budget is known as the,
Annual Financial Statement.
It is an estimate of all anticipated
receipts and expenditure
of the union for
the coming financial
year.
Budget is laid before
parliament in
the name of the
parliament.
It is the key responsibility
of
the Parliament to
pass the national
budget.
Budget is presented
on last working
day of February of
every year.
First budget of free India – by
R.K. Shanmukham Chetty on
November 26, 1947.
First General budget – by
C.D. Deshmukh on May 23,
1952.
First dissolution of Lok Sabha
– 4th Lok Sabha in 1971.
Railway Budget is prepared by
the Railway Minister and General
Budget is prepared by the
Finance Minister.
Line - item Budgeting, Performance
Budgeting, Programme
Budgeting and Zero-based
Budgeting are the types of
budgeting.
The financial year commences
in India on 1st April each year.
The Budget speech of the Finance
Minister is usually in
two parts. Part A deals with
general economic survey of
the country while Part B relates
to taxation proposals.
Vote on Account
(Art. 116)
This empowers the Lok Sabha to
make any grant in advance for a part
of any financial years to meet the
expenditure of the Govt. between the
introduction and passage of budget. It is
passed usually after the General discussion
on the Budget. Normally, the Vote on
Account is taken for two months only. But
during election year or when it is anticipated
that the main Demands and
Appropriation Bill will take longer time
than two months, the Vote on
Account may be for a period
exceeding two months.
281
Public Bill
1. It is introduced in the Parliament by a minister.
2. It reflects of the policies of the government
(ruling party).
3. It has greater chance to be approved by the
Parliament.
4. Its rejection by the House amounts to the
expression of want of parliamentary confidence
in the government and may lead to its
resignation.
5. Its introduction in the House requires seven
days’ notice.
6. It is drafted by the concerned department in
consultation with the law department.
Private Bill
1. It is introduced by any member of Parliament other
than a minister.
2. It reflects the stand of opposition party on public
matter.
3. It has lesser chance to be approved by the
Parliament.
4. Its rejection by the House has no implication on
the parliamentary confidence in the government
or its resignation.
5. Its introduction in the House requires one
month’s notice.
6. Its drafting is the responsibility of the member
concerned.
Public Bill vs Private Bill
March Rush
The financial grants lapse
at the end of financial year.
So, it leads to a heavy rush
of expenditure towards the
close of March 31st. It is
called March Rush.
The ‘Annual Financial Statement’
is laid on the Table of
Rajya Sabha at the conclusion
of the speech of the Finance
Minister in Lok Sabha.
Enactment of Budget
Stages
1. Presentation of Budget and
Budget Speech.
2. General discussion.
3. Voting on demands (general
budget has 109 demands, 103
for civil expenditure, 6 for
defence expenditure- Railway
budget has 32 demands.)
4. Passing of Appropriation Bill
5. Passing of Finance Bill.
Appropriation Bill
After the demands for grants
are approved by the Lok Sabha
an appropriation bill is
introduced in the House.
Appropriations out of the
Consolidated Fund of India can
be made only after the passage
of appropriation bill.
It may be noted that the
introduction of such bill is
never opposed in the Lok
Sabha.
Ordinary Bill
All the bills, other than
Financial Bills, Money Bills and the
Constitutional Amendment Bills are
ordinary Bills.
It can be introduced in
either house. It has to under go the
following stages.
1. First Reading : Title of the bill
is read and a speech is made.
2. Second Reading : The Principle
of the bill is discussed as a
whole.
3. Committee stage : The bill is
referred to the appropriate
committee.
4. Report stage : The committee
submits report to the House.
Voting takes place at this stage.
Amendment possible.
5. Third Reading : A general
discussion takes place. No
amendment is possible at this
stage.
Money Bill (Art. 110)
Conditions
1. Anything regarding tax and
taxation.
2. Regulation of the borrowing of
money by the Govt.
3. Custody of C.F.I. &
Contingency Fund.
4. Appropriation of money from
C.F.I.
5. Declaration of expenditure.
6. Custody of money
The Speaker decides if a bill is
a money Bill.
Money bill can be introduced
only in Lok Sabha.
Rajya Sabha has no say on
Money Bill and has to return
within 14 days.
282
Ordinary Bill
1. It can be introduced either in the Lok Sabha or the
Rajya Sabha.
2. It can be introduced either by a minister or by a
private member.
3. It is introduced without the recommendation of
the president.
4. It can be amended or rejected by the Rajya Sabha.
5. It can be detained by the Rajya Sabha for a
maximum period of six months.
6. It does not require the certification of the Speaker
when transmitted to the Rajya Sabha (if it has
originated in the Lok Sabha).
7. It is sent for the president’s assent only after being
approved by both the Houses. In case of a
deadlock due to disagreement between the two
Houses, a joint sitting of both the houses can be
summoned by the president to resolve the
deadlock.
8. Its defeat in the Lok Sabha may lead to the
resignation of the government (if it is introduced
by a minister).
9. It can be rejected, approved, or returned for
reconsideration by the President.
Money Bill
1. It can be introduced only in the Lok Sab and not
in the Rajya Sabha.
2. It can be introduced only by a minister.
3. It can be introduced only on the recommendation
of the president.
4. It cannot be amended or rejected by the Rajya
Sabha. The Rajya Sabha should return the bill with
or without recommendations, which may be
accepted or rejected by the Lok Sabha.
5. It can be detained by the Rajya Sabha for a
maximum period of 14 days only.
6. It requires the certification of the Speaker when
transmitted to the Rajya Sabha.
7. It is sent for the president’s assent even if it is
approved only by Lok Sabha. There is no chance
of any disagreement between the two Houses and
hence, there is no provision of joint sitting of
both the Houses in this regard.
8. Its defeat in the Lok Sabha leads to the resignation
of the government.
9. It can be rejected or approved but cannot be
returned for reconsideration by the president.
Ordinary Bill Vs Money Bill
Important Parliamentary Committees
The work of the Parliament is
made easy and efficient by the
operation of various committees.
There are various committees
functioning in the Parliament
particularly the Lok Sabha.
The leading committees of Lok
Sabha are listed below.
The Business Advisory
Committee
Concerned with planning and
regulation of the business of
the house.
Consists of 15 members.
Speaker of Lok Sabha is the exofficio
Chairman.
In the Rajyasabha the Business
Advisory Committee has
11 members including the chairman
as its ex-officio chairman.
The Rules Committee
It lays down and amends rules
of procedure for conducting
the functions of the house.
15 members are in the committee.
The ex-officio chairman - Speaker
of Lok Sabha.
In Rajyasabha the Rules committee
has 16 members including
the chairman as its ex-officio
chairman.
Parliamentary committees
are of two kinds
Standing Committee &
Adhoc Committees.
The Standing Committee
are permanent in
nature, whereas the
Adhoc Committees are
constituted for a
particular function and
get dissolved automatically
after the completion
of their work. The
principal Ad hoc
Committees are the
Select and Joint
Committees on Bills.
THE STANDING
COMMITTEES
283
The Select Committee
A bill introduced in the house
at its committee stage goes to a
committee called Select Committee
and it is meant for a particular
bill. As soon as it completes
its entrusted work, the
committee is dissolved.
Committee on Petition
Examines petition made by the
member of the house and give
its opinion for remedial measures.
It has 15 members.
No minister can be its member.
Committee on Privileges
Primary purpose is to protect
the privileges or special rights
of the members of the house.
It has 15 members, nominated
by the Speaker.
Chairman: Deputy Speaker of
Lok Sabha.
Committee on Subordinate
Legislature
It ensures the rule making
power delegated to the ministers
and top officials is not misused
and that the executive
faithfully executes the law
passed by the Parliament.
15 members.
No minister can be a member
of this committee. It is constituted
every year.
Joint Committee on Offices of
profit
It examines the composition
and character of committees
and other bodies appointed
by the Central, State and Union
Territory.
It recommends whether person
holding these offices should
be disqualified from being
elected as members of Parliament
or not.
It has 15 members (10 from Lok
Sabha and 5 from Rajya Sabha)
Committee on empowerment
of Women.
It was constituted in 1997, 30
members (20 from Lok Sabha
and 10 from Rajya Sabha)
It considers the reports of the
National Commission for
women.
Committee on Public undertaking
Created in 1964 on the recommendation
of the Krishna
Menon Committee.
Originally it had 15 members (10
from Lok Sabha and 5 from the
Rajya Sabha). In 1974 membership
was raised to 22 (15 from
Lok Sabha and 7 from
Rajyasabha).
It examines and sometimes supervises
the functioning of
Government owned companies
or public undertaking including
their finances.
The Chairman of the Committee
on Public Undertaking is appointed
by the Speaker from the
Lok Sabha members elected to
the committee.
Every year, one fifth members
of the committee are retired and
new members are elected in
their place.
Committee on the Absence of
Members
It examines the leave application
of the members for their
absence from the house.
15 members.
Rajyasabha has no such committee.
Public Accounts Committee
(PAC)
The P.A.C committee was set
up first in 1921 under the provisions
of the government of
India Act of 1919.
Public Accounts Committee is
a joint committee consisting of
22 members (15 from L.S. & 7
from R.S.)
A member of the Council of
Ministers cannot be elected as
member of this committee.
The Chairman of the PAC shall
be the leader of the opposition
of the Lok Sabha.
The term of office of the committee
is one year.
Primary function of PAC are:
(i) To examine and satisfy the
money allotted by the Parliament
to the various departments
through the budget has
been properly spend and that
no public money is wasted.
(ii) To recommend the measures
to be taken for streamlining
public finance.
The Comptroller and Auditor
General of India serves as the
friend, philosopher and guide
of Public Accounts Committee.
Public Accounts
Committee and Estimate
Committee together called
the pillars of public finance.
They are the two eyes
which guard the public
finance.
284
Estimate Committee
Committee of 30 members (all
from Lok Sabha) are elected on
the principle of proportional
representation, for one year
term. A minister can't be elected
to the committee.
Its chairman is nominated by
the Speaker belongs to the
opposition in the Lok Sabha
However, if the Deputy
Speaker of the Lok Sabha, is
also a member of the Committee,
he automatically becomes
the Chairman of the Committee.
The functions of the Estimate
Committee is to scrutinize the
budget estimates for the year,
to suggest economy in expenditure,
improvement in
organisations and other
subjects to increase efficiency.
Public Accounts Committee,
Estimate committee and Committee
on Public Undertaking
are the three financial committees
of the Parliament.
Parliamentary Committees are
appointed by the respective
Houses themselves or by their
presiding officers.
The Speaker appoints the
Chairman of all the
Parliamentary Committees.
In addition to these committees
there are 17 Department Related
Committees. Its primary
function is to study in detail
the first part of the Budget
dealing with the expenditure of
the government which is introduced
normally on 20th February
every year.
Ad hoc Committees
The Railway Convention Committee
is an ad-hoc Committee. The
main function of the Committee is
to review the Rate of Dividend payable
by the Railways undertaking
to General Revenues as well as
other ancillary matters in connection
with the Railway Finance visa-
vis the General Finance and make
recommendations thereon.
The Committees on the Draft Five
Year Plans and the Hindi Equivalents
Committee were appointed for
specific purposes.
Department related committees
Out of the 17 Committees, 6 Committees are serviced by the Rajya Sabha
Secretariat and 11 Committees by the Lok Sabha Secretariat.
Rajya Sabha Committees
1. Committee on Commerce
2. Committee on Home Affairs
3. Committee on Human Resource Development
4. Committee on Industry
5. Committee on Science & Technology, Environment & Forests
6. Committee on Transport, Culture and Tourism.
Lok Sabha Committees
7. Committee on Agriculture
8. Committee on Information Technology
9. Committee on Defence
10. Committee on Energy
11. Committee on External Affairs
12. Committee on Finance
13. Committee on Food, Civil Supplies and Public Distribution
14. Committee on Labour and Welfare
15. Committee on Petroleum & Chemicals
16. Committee on Railways
17. Committee on Urban and Rural Development
General Purposes Committee
Members (In both Houses)
1. Speaker / chairman
2. Deputy speaker / deputy
chairman
3. Members of panel of chair
persons.
4. Chairperson of all departmental
standing committee.
5. Leaders of recognised parties
and groups in the House.
6. Such other members as
nominated by the perioding
officer.
Ethics Committee
Created in R.S ( Rajya Sabha )
in 1997.
Created in L.S. (Lok Sabha) in
2000.
It enforces the code of conduct
of members of Parliament.
Departmental Standing
Committees
In 1993, 17 D.S.C. (Dept.
Standing Committee) were
created.
Each committee has 45
members (30m from L.S.
nominated by speaker and 15
from R.S. nominated by the
chairman)
285
PARLIAMENTARY DEVICES AND MOTIONS
In a Parliamentary System Parliamentary
devices are of much importance
for the smooth running of
the Houses. They are :
Question Hour
The first hour of every parliamentary
sitting is alloted for
this.
During this time members ask
questions and the ministers
usually give answers.
According to the nature of the
answers they are classified into
(a) starred question (It requires
an oral answer and hence
supplementary questions can
follow. It is identified by an
asterik) (b) Unstarred question
(It requires a written answer
and hence supplementary
questions cannot follow) (c)
Short notice question.
Zero Hour
It is an Indian innovation and
has been in existence since
1962.
It is the time gap between the
question hour and the agenda.
It starts immediately after the
question hour and lasts until
the agenda for the day is taken
up.
Zero hour is an informal device
available to the MPs to raise
matters without any prior notice
because it is not mentioned
in the Rules of Procedure.
Half - an - Hour Discussion
It is meant for discussing a
matter of sufficient public importance.
The Speaker can allot three
days in a week for such discussions.
Short Duration Discussion
The members can raise it to
discuss on a matter of urgent
public importance.
It is also called two- hour discussion
as the time allotted for
it is two hours.
The Speaker can give two days
in a week for such discussions.
MOTIONS IN
PARLIAMENT
Discussions on matters of general
public importance are taken
up only if a motion is made to its
effect with the permission of the
presiding officer.
Closure Motion
It is moved by a member seeking
to cut short the debate on
a matter.
If adopted, the matter is immediately
put to vote.
They are of four kinds. (i)
Simple Closure : It is moved by
a member stating that the matter
having been sufficiently discussed
be now put to vote (ii)
Closure by compartment. The
clauses of a bill or a lengthy
resolution are here grouped into
parts before the commencement
of the debate. The debate
covers a part and the entire part
is put to vote . (iii) Kangaroo
Closure : Here, only important
clauses are taken up for debate
and voting and the intervening
clauses are taken as passed (iv)
Guillotine closure: It takes place
when the undiscussed clauses
of a bill or a resolution are also
put to vote along with the discussed
ones due to want of
time.
Privilege Motion
It is moved by a member when a
minister has committed a breach of
privilege of the House of member
by withholding facts and information
or by giving wrong information.
Calling Attention Motion
It is introduced by a member to
call the attention of a minister
to a matter of urgent public importance
and to seek an authoritative
statement from him.
It is an Indian innovation and
has been in existence since
1954.
It is however mentioned in the
Rules of Procedure.
Motion of Papers
As the exercise of calling attention
is not allowed in Rajya
Sabha, it has ‘Motion of Papers’
by which a member calls
the attention of a minister to a
matter of urgent importance.
Adjournment Motion
It is introduced in the Parliament
to draw attention of the
House to definite matter of
urgencey with the support of
50 members.
It is an extra ordinary device
as it interrupts with normal
286
business of the House.
It is not exercised in the Rajya
Sabha as it involves an element
of censure against the government.
No - confidence Motion
The Lok Sabha can remove the
ministry from office by passing
a no- confidence motion as
the latter is responsbile to the
House of People. However the
motion requires the support of
50 members to be admitted.
Censure Motion
It is moved for censuring the
Council of Ministers for specific
policies and actions.
It can be moved against individual
Ministers, group of
Ministers or the entire Council
of Ministers.
Point of Order
It is raised when the proceedings
of the House donot follow
the normal rules of procedure.
It is related to the interpretation
of enforcement of the Rules of
the House.
Motion of Thanks
Whenever the President addresses
the sessions of the
Parliament, his speech is discussed
in both the Houses of
Parliament on a motion.
This procedure is called Motion
of Thanks. This motion is
to be passed other wise it will
be the defeat of the Government.
No - Day - Yet - Named
Motion
It is admitted by the Speaker,
without specifying the date of
discussion.
The day is fixed in consultation
with the leader of the
House or on the recommendations
of the Business Advisory
Committee.
Special Motion
A matter that can’t be raised
during the time of any other
parliamentary device can be
raised under the special mention
in Rajya Sabha.
The same procedure in Lok
Sabha is called “ Notice Motion”
under Rule 377.
Resolution
The members of the Parliament
can move resolution to draw attention
of the House on the
Government to matters of general
public interest.
It is however different from motion
that all resolutions come
under substantive.
All resolutions are necessarily
put to vote where as all motion
are not necessarily put to vote.
Resolutions are of three types
(i) Private member Resolution :
It is moved by the members of
the House other than Ministers.
It is discussed only on alternative
Fridays and in the afternoon
sitting. (ii) Government
Resolution : It is moved by a
Minister and it is taken upon
any day from Monday to
Thursday. (iii) Statutory Resolution
: It can be moved either
by a private member or a minister.
287
JUDICIARY
Guardian of the constitution
Court of record
One Chief Justice and 30
other judge
Federal Court
Court of appeal
Supreme Court of India
(Article 124 to 147)
The apex of the entire judicial
system in India is the Supreme
Court of India.
Part V, Articles124 to 147 deal
with the structure, powers and
functions of the Supreme
Court.
The Supreme Court now comprises
of the Chief Justice and
not more than 30 other judges.
The Chief Justice is appointed
by the President in consultation
with such other judges of
the Supreme Court and High
Court.
On 21st February 2008, the
Union Cabinet gave its nod to
increase the number of judges
in the Supreme Court from 26
to 31.
The Chief Justice of India administer
the oath of affirmation
to the President and the President
administers the oath of
office to the Vice-President.
The Salaries of the judges of
the Supreme Court (Article 125)
are drawn from the Consolidated
Fund of India.
The salary of Chief Justice is
Rs. 1,00,000 per month (according
to Sixth Pay Commission
Revision 2008).
To be a judge of the Supreme
Court, one has to be a
(i) Citizen of India
(ii) He should be a distinguished
jurist and has been a
High Court judge for atleast
five years or an advocate of a
High Court for at least ten
years.
The Supreme Court Judge can
continue in his post until he
attains sixty five years of age.
The power of Judicial Review
is vested in the Supreme Court
and High Court.
The Chief Justice and other
judges of the Supreme Court
can be removed from their office
only on grounds of proved
misbehaviour or incapacity by
an order of the President
passed after an address by
each House supported by a
majority of total membership of
that House and not less than
2/3rd of members present and
voting has been presented to
the President. (Article 124 (4).
The Supreme Court has the
power to review the acts and
orders of the legislature and
executive wings of the government
and to declare them null
and void if they are against the
provisions of the Constitution.
Supreme Court is known as the
Court of Record (Article 129).
The Judge of the Supreme
Court can resign his office by
writing a letter to the President
in own his handwriting.
A Judge of the Supreme Court
can also be removed from office
on the ground of proved
misbehaviour or incapacity by
the process of impeachment.
In 1996 Supreme Court curbed
the working of children in hazardous
industries.
The Supreme Court exercises
three types of jurisdiction
namely:
Supreme Court came into force
in 1950.
Harilal J. Kanya was the first
Chief Justice of the Supreme
Court.
Supreme court is located at
New Delhi.
Supreme Court Judges retire
upon attaining the age of 65
years.
Supreme Court Rules, 1966 are
framed under Article 145 of the
Constitution to regulate the
practice and procedure of the
Supreme Court.
The Supreme Court of India
comprises the Chief Justice
and not more than 25 other
Judges appointed by the
President of India.
On t he 28th of Januar y, 1950, two da ys after India became a Sovereign
Democratic Republic, the Supreme Cour t came into being.
The inauguration took place in the Chamber of Princes in the
Parliament building which also housed India’s Parliament. It was
here, in this Cham ber of Princes, that the Feder al Court of India
had sat for 12 years between 1937 and 1950. The Court moved into
the present building in 1958.
288
(i) Original (ii) Appellate
(iii) Advisory
Original Jurisdiction (Art.
131) is meant for that cases involving
a dispute between the
Union Government and State
Government or a dispute
among the State Governments
themselves. Supreme Court
settles such case by interpreting
the Constitution.
Appellate Jurisdiction: It
meant that appeal petition can
be taken before the Supreme
Court from the judgement or
decision of the high court on
cases involving civil, criminal,
etc matter after its judgement.
Advisory Jurisdiction (Art:
143) : It is meant that the President
of India can refer to the
Supreme Court for its advice
or opinion if he has some doubt
on a law or Constitution or a
fact.
Art 138 provides for the enlargement
of the jurisdiction of
the Supreme Court by the Parliament.
The Chief Justice of India is
Justice K.G. Balakrishnan.
The jurisdiction and powers of
the Supreme Court to the matters
in the Union List can be
enlarged by Parliament. But its
jurisdiction and powers with
respect to other matters can be
enlarged by a special agreement
of the Centre and the
States.
The first law officer of the Government
of India is the Attorney
General.
Advocate General: Advocate
General is the Principal law
officer of the state. He is appointed
by the Governor.
Judicial Activism
Superior court issuing direction
to the government officials
or executives to perform certain
duties in time if they fails
to do so. Such directions issued
by the court on the
strength of public interest litigation
to serve the general interest
of the society.
Judicial Review
The power of Supreme Court
to review or examine a law
passed by the Parliament and
see whether that law is within
the framework of the Constitution
or not.
The Supreme Court of India
exercise this power as the principle
of procedure established
by law.
Administrative Tribunals
According to the provision of
Article 323 (A), the Administrative
Tribunals Act, 1985 was
enacted by Parliament.
The tribunals are to adjudicate
disputes and complaints relating
to recruitment and condition
of service of persons appointed
to public services and
posts in connection with affairs
of the Union Government.
A Tribunal can be checked by
a High Court for exceeding its
jurisdiction or if its order is
contrary to natural justice.
Family Courts
Courts aim at promoting conciliation
in and securing
speedy settlement of disputes
relating to marriage and family
affairs.
A high powered committee
constituted under the chairmanship
of Justice P.N.
Bhagawati formulated model
scheme, which every citizen
whose annual income from all
sources does not exceed a certain
sum, is eligible for free legal
aid.
Public Interest Litigation
Any member of the public can
initiate a proceeding on behalf
of the aggrieved person (especially
if the person is too poor
or unable to move the court on
his or her own) in either the
High Court or the Supreme
Court for enforcement of Constitutional
rights.
SUPREME COURT REGISTRY
The Registry of the Supreme
Court is headed by the Registrar
General.
Article 146 of the Constitution
deals with the appointments of
officers and servants of the
Supreme Court Registry.
SUPREME COURT ADVOCATES
There are three categories of
Advocates who are entitled to
practise law before the Supreme
Court of India:- Senior
Advocates, Advocates-on -
record and other Advocates.
Only Advocates-on -record are
entitled to file any matter or
document before the Supreme
Court.
Senior Advocates who are designated
as Senior Advocates
by the Supreme Court of India
or by any High Court. A Senior
Advocate is not entitled to
appear without an Advocateon-
Record in the Supreme
Court or without a junior in any
other court or tribunal in India.
289
Comparison between the Supreme Court and the High Courts
Supreme Court
1. The Supreme Court is a federal Court. Its only
seat is located at Delhi. Its bench can be
established at other places also but so far it
has not been established.
2. The Judges of the Supreme Court are
appointed by the President.
3. A person shall have the following qualification
to become eligible for the appointment as a
Judge of the Supreme Court-if:
i) He has been a Judge of a High Court for
not less than five years in succession; or
ii) has been an advocate of a High Court for
not less than 10 years in succession; or
iii) He is a distinguished Jurist in the opinion
of the President.
4. The Judges of the Supreme Court retires from
their office after attaining the age of 65 years.
5. The, President can remove the Chief Justice
and the other judges on the basis of
impeachment motion passed in the Parliament.
6. The salary of the Chief Justice is Rs. 1,00,000
and that of the other judges is Rs. 90,000 per
month.
7. The judges of the Supreme Court after their
retirement and during their term of office are
not eligible to plead before any court/
authority within the territory of India.
8. The Judges of the Supreme Court cannot be
transferred nor can they be demoted in office.
9. The Supreme Court is not bound to abide by
the decisions of the High Courts.
10. The salary and the allowances of the Judges
of the Supreme Court are charged upon the
Consolidated Fund of India.
11. The cases involving the interpretation of the
Constitution are decided only by the Supreme
Court.
High Court
1. There is a provision for a High Court in each State
and each Union Territory but two or more States
or two or more Union Territories or States and
Union Territories, together, may establish a
common High Court.
2. The Judges of the High Court are also appointed
by the President.
3. A person shall not be eligible to become a Judge
of a High Court unless such a person-i) has been
a judicial officer for not less than 10 years within
the territory of India; or ii) has been an advocate
for not less than 10 years in a High Court in India.
4. The Judges of the High Courts retire from their
office after attaining the age of 62 years.
5. The judges and the Chief Justice of the High
Courts’ are removed from the office by the
President in the same manner as adopted in the
case of the Supreme Court.
6. The salary of the Chief Justice is Rs. 90,000 and
that of other judges is Rs. 80,000 per month.
7. The judges of the High Courts cannot plead before
any Court during the term of their office. After
retirement they cannot plead before any Court
below the High Court. That means they can plead
only before other High Courts and the Supreme
Court.
8. The judges of the High Courts can be transferred
from one High Court to the other High Court and
may be promoted as the Judges of the Supreme
Court.
9. The High Courts are bound to abide by the
decisions of the Supreme Court.
10. The salary and other allowances of the Judges of
the High Courts are charged upon the
Consolidated Fund of the States.
11. The cases involving the interpretation of the
Constitution are not decided by the High Courts.
“The Supreme Court of India has more powers than any other Supreme court in any
part of the world” says Alladi Krishnaswamy Ayyar, a member of the Drafting Committee
of the Constitution. Because, Supreme Court of India is not only a Federal
Court like American Supreme Court but also a final court of appeal like the British
House of Lords.
290
Impeachment of a
Judge
1. A motion addressed to the
President signed by at least
100 members of the Lok Sabha
or 50 members of the Rajya
Sabha is delivered to the
Speaker or the Chairman.
2. The motion is to be
investigated by a committee of
three (two judges of the
Supreme Court and a
distinguished jurist)
3. If the committee finds the
judges guilty of misbehaviour
or that he suffers from in
capacity the motion together
with the report of the committee
is taken up for consideration
in the House where the motion
is pending.
4. If the motion is passed in each
House with required majority
(special), the address is
presented to the President.
5. The Judge will be removed
after the President gives his
order for removal on the said
address.
The procedure was for the first
time started against Shri. R.
Ramaswamy in the Supreme
Court in 1991 - 93. The
committee found him guilty but
the address failed because the
congress abstained from
voting.
Since in appointments of
Supreme Court Judges, the
opinion of the C.J.I. (Chief
Justice of India) has
supremacy, a nine-Judge
Bench ruled that the opinion
of the CJI must be formed on
the basis of consultation with
the collegium, comprising of
the CJI and four senior most
Judges of the Supreme Court.
The Judge who is to succeed
the CJI should also be
included, if he is not one of the
four senior most judges in the
Collegium.
Jurisdiction of the
Supreme Court
The Jurisdiction of the
Supreme Court are five-fold
viz. Original, Writ, Appellate,
Advisory and Revisory
Jurisdictions.
Original Jurisdiction
The Original Jurisdiction of the
Supreme Court is purely
federal in character.
Writ Jurisdiction
Article 32 imposes duty on the
Supreme Court to enforce the
Fundamental Rights.
Under this Article, every
individual has a right to move
the Supreme Court directly if
there has been any
infringement on his
Fundamental Rights.
Appellate Jurisdiction
The Appellate Jurisdiction of
the Supreme Court is three fold:
Constitutional, Civil and
Criminal.
Advisory Jurisdiction
One of the salient features of
the Supreme Court of India is
its consultative role Art, 143.
Revisory Jurisdiction
The Supreme Court under
Article 137 is empowered to
review any judgement or order
made by it with a view to
remove any mistake or error
that might have crept in the
judgement or order.
HIGH
COURTS
Article 214 provide that there
shall be a High Court for every
state.
The institution of High Court
(HC) originated in India in 1862
when the high courts were set
up at Calcutta, Bombay and
Madras.
In the independent India, the
constitution provides for a
high court for each State, but
the seventh amendment act of
1956 authorized Parliament to
establish a common high court
for two or more states or for
two or more states and a Union
Territory.
At present there are twenty
one high courts in India.
Out of them, three are common
high courts.
Delhi is the only Union Territory
with a high court of its
own from 1966.
Three new High Courts were
set up in November 2000, following
the creation of states
of Chattisgarh, Uttaranchal
and Jharkhand. These High
Courts are located at Bilaspur,
Nainital and Ranchi respectively.
At present there are 21
High Courts.
Which High Court has the
highest number of benches in
India?
Ans: Guwahati - Five. The
benches are at Kohima,
Aizwal, Imphal, Shillong and
Agarthala
Originally known as Assam
High Court, renamed as
Guwahati High Courts in 1971.
291
Article 231 also provides Parliament
with the power to establish
a common High Court
for two or more states.
The judges of a High court are
appointed by the President.
The Chief Justice is appointed
by the President after consultation
with the Chief Justice of
India and the Governor of a
State concerned.
Guwahati High Court has the
most member of territorial jurisdiction
(7 states) - Assam,
Manipur Meghalaya,
Nagaland, Tripura, Mizoram,
Arunachal Pradesh. It established
in 1948.
The District Judges are appointed
by the Governor of the
state
The subordinate courts are
more popularly known as District
Court.
The National Judicial Academy
was set up in 1993. It is
The High Courts are the principal
civil courts of original jurisdiction
in the state. The work
of most High Courts consists
of Appeals from lowers courts
and writ petitions in terms of
Article 226 of the Con stitution
of In dia.
The High Courts: Seats and Jurisdiction
Name Year of Territorial Jurisdiction Seat
Estb.
1. Allahabad 1866 Uttar Pradesh Allahabad (Bench at Lucknow)
2. Andhra Pradesh 1954 Andhra Pradesh Hyderabad
3. Bombay 1862 Maharashtra,Dadar& Nagar Haveli, Bombay (Benches at Nagpur,
Goa, Daman & Diu Panaji, Aurangabad)
4. Kolkata 1862 West Bengal, Andaman & Kolkata (Bench at Port Blair)
Nicobar Islands
5. Delhi 1966 Delhi Delhi
6. Guwahati 1948 Assam, Manipur, Meghalaya, Guwahati (Benches at Kohima,
Nagaland, Tripura, Mizoram and Imphal, Agartala & Shillong)
Arunachal Pradesh
7. Gujarat 1960 Gujarat Ahmedabad
8. Himachal Pradesh 1966 Himachal Pradesh Shimla
9. Jammu & Kashmir 1928 Jammu & Kashmir Srinagar& Jammu
10. Karnataka 1884 Karnataka Bangalore
11. Kerala 1958 Kerala & Lakshadweep Ernakulam
12. Madhya Pradesh 1956 Madhya Pradesh Jabalpur (Bench at Indore, Gwalior)
13. Madras 1862 Tamil Nadu & Pondicherry Madras
14. Orissa 1948 Orissa Cuttack
15. Patna 1916 Bihar Patna
16. Punjab &Haryana 1975 Punjab, Haryana, Chandigarh Chandigarh
17. Rajasthan 1949 Rajasthan Jodhpur (Bench-Jaipur)
18. Sikkim 1975 Sikkim Gangtok
19. Chhattisgarh 2000 Chhattisgarh Bilaspur
20. Uttaranchal 2000 Uttaranchal Nainital
21. Jharkhand 2000 Jharkhand Ranchi
located at Bhopal with its registered
office in New Delhi.
Subordinate Courts
Three types of Subordinate Courts.
1. Criminal Courts
There are courts which handle
only criminal cases. These are
different kinds of criminal courts in
succession.
a) Sessions Court : It is at the
district level.
b) First Class Magistrate : Just
below the sessions court there
is the Ist Class Magistrate. It
hears appeals against lower
courts decisions.
c) Second Class Magistrate :
Does not entertain appeals It
can punish upto 6 months
imprisonment and fine upto
200/-
The Calcutta
High Court is the oldest
High Court in the country,
established on 2 July
1862.
292
Tribunals
Appellate Trib. for Electricity
Central Administrative Trib.
Central Excise Ser. Tax App.
Debt Recovery Trib., Coimbatore
Debts Recovery Trib.-II, Chennai
Debts Rec. Trib.-I, Chennai
Intellectual Pro. App., Chennai
Income Tax Appellate Trib.
Railway Claims Tribunal
FIRST IN INDIA
1. First empire to define and demarcate civil and criminal law - Gupta
Empire
2. First Court ( of judicature) was established in Calcutta on August ,
1672
3. First Law Commission was constituted in 1834 under the Charter Act
of 1833. It was chaired by Lord Macaulay.
4. First I.P.C. and CRPC were introduced in Bengal in 1862 by John
Beames.
5. First Federal Court established in 1937. Sir. Maurice Gwyer was the
first Federal Court chief justice.
6. Supreme Court was established on March 26, 1774 in Calcutta as a
result of Regulating Act of 1773.
7. Oldest High Court - Calcutta High Court (1862)
8. First Indian High Court Judge - Shambhunath Pandit.
9. Youngest Judge - Prasanta Behari Mukherjee at the age of 38.
10. High Court with most judges - Allahabad High Court (60 Judges)
11. First Woman Chief Justice (High Court) - Justice Leila Seth (Delhi)
12. First Indian President of International Court of Justice- Dr. Nagendra
Singh (First Indian recipient of World Justice Award)
13. First Chief Justice of Independent India - Justice Harilal J. Kania.
14. First Woman judge of Supreme Court- Meera Sahib Fatima Beevi.
15. First woman judicial officer - Anna Chandy
16. First woman advocate - Cornelia Sorabji
17. “Green Bench” decides on environmental issues. (set up by the
Calcutta Court)
18. First Law giver - Manu
19. Largest prison - Tihar Jail.
First Law Commission of Independent
India established in
1955 with the then Attorn ey-
General of India, Mr. M. C.
Setalvad, as its Chairman.
Nineteenth Law Commissi on
Chairman (2009-2012)
Justice P. V. Reddi
d) Third Class Magistrate :It
handles minor cases.
Gives punishment upto one
months imprisonment fine upto
50/-
e) Panchayat : Its decisions are
non appealable.
Note : The IInd and IIIrd Class
Magistrates have only original
jurisdiction.
Civil Courts
These are courts dealing with
Civil Cases. There are a number of
Civil Courts in succession.
a) District Judge : Hears appeals
against the courts subordinate
to it.
b) Senior Subjudge : Entertain
cases involving any amount.
c) IInd class small case court
(S.C.C) : Presided over by
subjudge.
d) III Class S.C.C. : Presided over
by a subjudge.
e) IV Class S.C.C : Presided over
by a subjudge.
f) Small Case Court : In big
towns; Decisions of the Small
Case Court is not ordinarily
appealable.
3. Revenue Courts
a) Board of Revenue / Finance
Commission : It hears appeals
against the decisions of the
District Collectors Court.
b) Commissioner’s Court : It
hears appeals against the
decisions of the Tahasildar’s
Court.
c) District Collectors Court : It
hears appeals against the
Tahsildar’s Court decision.
d) Tahsildar’s Court : It is the
smallest unit as far as Revenue
Courts are concerned.
Administrative
Tribunals
The 42nd Constitutional
Amendment Act in 1976
introduced Article 323 A,
enabling the setting up of
Central and State Admini
strative tribunals, to
adjudicate cases related to
recruitment, promotion,
transfer and conditions of
service of persons appointed
293
to the public services of the
Union and the State
Governments.
In pursuit of the provision, the
Parliament enacted the
Administrative tribunal Act,
1985 to set up Central
Administrative Tribunal
(CAT)
By a notification, the service
matters related to employee of
the Public Sector Undertaking
(PSUs) can be brought under
the CAT or SATs, as the case
may be.
Many States are also provided
with the State Administrative
Tribunals.
The Chairman and the Vice-
Chairman of the tribunal
enjoys the status of a High
Court judge and his/her
retirement age is 65 years.
The Chairman must be a judge
of the High Court or one who
served for at least two years
as the High Court Judge or the
Vice-Chairman of Tribunal.
The President appoints the
Chairman and other members
of the CAT and the SATs after
consulting the Chief Justice of
India.
National Human Rights
Commission
The National Human Rights
Commission (NHRC) of India
is an autonomous statutory
body.
It is established on October 12,
1993, under the provisions of
The Protection of Human
Rights Act, 1993.
The Chairperson and members
of the NHRC are appointed by
The Solicitor General for India is subordinate to the Attorney General
of India and also the second law officer of the country. There are
four Additional Solicitors Generals for India.
the President of India.
The NHRC consists of a Chairperson
who has been a Chief
Justice of the Supreme Court
of India.
One Member who is, or has
been, a Judge of the Supreme
Court of India.
One Member who is, or has
been, the Chief Justice of a
High Court.
Two Members to be appointed
from among persons having
knowledge of, or practical experience
in, matters relating to
human rights.
Former Chief Justice K G
Balakrishnan is the present
chairperson of the commission.
The National Commission
for Women
NCW is a statutory body for
women, set up in 1992, by Government
of India, under specific
provisions, National Commission
for Women Act, 1990.
The present head of the Commission
is Girija Vyas.
Right to Information Act 2005
The Right to Information Act, 2005 (RTI) is a law enacted by the
Parliament of India.
This law was passed by Parliament on 15 June 2005 and into force
on 12 October 2005.
The Act applies to all States and Union Territories of India, except
the State of Jammu and Kashmir.
Under the Act, any citizen may request information from a "public
authority" (a body of Government or "instrumentality of State")
which is required to reply expeditiously or within thirty days.
Jammu & Kashmir, has its own Right to Information Act of 2009,
the successor to the repealed J&K Right to Information Act, 2004
and its 2008 amendment.
The RTI Laws were successfully enacted by the various state
governments of India.
The objective of the NCW is to
represent the rights of women
in India and to provide a voice
for their issues and concerns.
National Knowledge
Commission
National Knowledge Commission
constituted in 2005.
The Commission was to recommend
reform of the education
sector, research labs, and
intellectual property legislation;
as well as consider
whether the Government could
itself upgrade its use of the latest
techniques to make its
workings more transparent.
The present chairman of the
Knowledge Commission is
Sam Pitroda.
Lok Pal Bill
Lok Pal Bill has been introduced
to provide for setting up
of a Lok Pal that would enquire
into the charges of corruption
against public functionaries in
the central government level.
294
Lok Ayukta
The LokAyukta is an anti-corruption
government organization
in the Indian states.
Lok Ayukta is a state level institution
set up to enquire into
the charges of corruption
against public functionaries in
the state.
Orissa is the first state to
present a bill on establishment
of Lokayukta in 1970, however,
Maharashtra is the first state
to have established the institution
in 1972.
Some states have Upa
Lokayukta under Lokayukta
and in some states, the
Ombudsman
Ombudsman is an officer appointed to hear and investigate complaints
by private citizens against government officials or agencies.
He helps and protects the common man against official oppression.
Now various agencies and public sectors have realised the need of
setting up the office of Ombudsman to redress the grievances for the
public who are the customers or clients of these organisations.
Banking Ombudsman is a quasi judicial authority functioning under
India’s Banking Ombudsman Scheme 2006.
In India, Ombudsman is called as Lokpal or Lokayukta.
Kerala State has an Ombudsman for Local Self Government institutions
like Panchayaths, Municipalities and Corporations.
Lokayukta doesn't have suo
moto powers of instigating an
enquiry.
It does not have binding powers
to punish anyone.
Chairman of Kerala Lok
Ayukta is Justice M. Pareeth
Pillai.
295
The Election Commission of
India is set up by Article 324
of the Constitution of India.
Election Commission of India
is a permanent Constitutional
Body.
The Election Commission was
established in accordance with
the Constitution on 25th January
1950. The Commission celebrated
its Golden Jubilee in
2001.
Election Commision became a
3 member body in Oct 1, 1993.
The appointment of Chief Election
Commissioner and other
election Commissioners shall
be made by the President for a
term of 6 years.
State Election Commission
conducts elections to
Panchayats and municipalities
in the states.
At the state level, the election
work is supervised, subject to
overall superintendence, direction
and control of the Commission
by the Chief Electoral
Officer of the State.
The first Chief Election Commissioner
of India was
Sukumar Sen (1950-58).
S.Y.Quraishi is the present
Chief Election Commissioner
of India. Other two Commissioners
are Harishankar
Brahma and V.S. Sampath.
Nirvajan Sadan is the headquarters
of Election Commission
in New Delhi.
The Election Commission (Article 324)
The Finance Commission (Article 280)
The Finance Commission is
quasi judicial body.
The Finance Commission has
the following primary functions:
(i) To recommend to the
President, the principles
and manner by which the
revenue arising out of the
union budget may be
shared between the
Union and States.
(ii) To recommend to the
President the principles
and the properties by
which the grandin-
aid is to be provided to
the states by the Union
Government.
(iii) To recommend to the
President on any other
matter in the interest of
public finance.
The grand-in-aid is extended
to the state by the union out
of the Consolidated Fund of
India to meet the cost of development
scheme approved
by the Union Government.
The first Finance Commission
was constituted in 1951.
First Chairman : K.C. Neogy.
Vijay Kelkar heads the 13th
Finance Commission . (2010-
2015)
Article 280 of the Constitution
provides that at the end of every
five years, the President
shall appoint a finance commission
with a chairman and
four other members.
The Finance Commission of India
came into existence in 1951.
The Finance Commission is
formed to define the financial
relations between the centre
and the state.
Finance Commission
Number Chairman
I ........................... K.C. Neogy
II ..............Mr. K.S. Santhanam
III....................... A.K. Chanda
IV................... P.V. Rajamannar
V..................... Mahavir Tyagi
VI......... Brahamananda Reddy
VII ........................ J.M. Shelat
VIII ..................... Y.B. Chavan
IX ....................... N.K.P. Salve
X ...................... Mr. K.C. Pant
XI .............. Prof. A.M. Khusru
XII .............. Dr. C. Rangarajan
XIII ......................Vijay Kelkar
Union Public Service
Commission (Article 315-323)
The Constitution provides
that there shall be a Public Service
Commission for each state
and for Unions.
The Chairman and other
members of the UPSC are appointed
by the President.
The members of the UPSC are
appointed for a term of six
years or till they attain the age
of 65 years.
UPSC Chairman :D.P.Agrawal
SPSC (State Public Service
Commission) - Chairman and
members are appointed by the
Governor. But they can be removed
only by the president
(and not by the governor).
The members of the SPSC are
appointed for a term of six
years or they attain the age of
62 years whichever is earlier.
The UPSC is entrusted with the
selection of candidates to
higher civil services.
SSC (Staff Selection Commission)
is a centralised agency
responsible for recruiting personal
to middle and lower services
of Central Government.
SSC established in 1975.
296
The Constitution of Jammu
and Kashmir came into existence
on 26th January 1957.
The state of Jammu and Kashmir
was accorded special status
under Article 370 of the
Constitution.
The Parliament can make laws
with respect to Jammu and
Kashmir only in subjects in the
Union List.
On the failure of constitutional
machinery, the Governor shall
have the power of the President.
Jammu and Kashmir has the
distinction of being the only
state of the Indian Union which
has its own Constitution.
N.N. Vohra is the Present Governor
of J & K.
The President can declare that
Art 370 ceases to be operative
only on the recommendation of
constituent Assembly of the
state.
J & K constitution declares
Urdu as the official language
of the state. It also permits the
use of English for official purposes.
Part III (dealing with Fundamental
Rights) is applicable to
the state with some exceptions
and conditions. The Fundamental
Right to property is still
guaranteed in the state.
Part IV (dealing the Directive
Principles of State Policy) and
Part IVA (dealing with Fundamental
Duties) are not applicable
to the state.
Jammu and Kashmir has a bicameral
legislature.
The Bill for the special status
of J & K became Act in 1982.
J & K is excluded from the list
of other states. As per the article
152.
Jammu and Kashmir has been
given the special status to fulfill
the condition put forward
by the Maharaja of Jammu &
Kashmir for signing the instrument
of accession with India.
Special Status to Jammu and Kashmir (Article 370) Official Languages
(Article 343 to 351)
India is the country where largest
number of languages are
spoken.
Sindhi was added by the 21st
Constitutional Amendment
Act, 1967.
The Constitution declared
Hindi in Devanagri script as the
official language of India.
B.G. Kher was the Chairman of
the first official language Commission
appointed by the President
in 1955.
The Constitution allows the
use of English language for
official purposes.
India has 22 officially
recognised languages in the
8th schedule of the Constitution.
Originally the Constitution
recognised 14 languages.
Official language Act (1963)
lays down that English should
be used for purposes of communication
between Union and
the States that have not
adopted Hindi as their Official
Language.
Languages in the Constitution:
Assamese, Bengali,
Hindi, Urdu, Marathi,
Gujarathi, Punjabi, Sanskrit,
Kashmiri, Telugu, Tamil,
Malayalam, Kannada, Oriya,
Sindhi, Konkani, Nepali ,
Manipuri, Bodo , Maithili,
Santhali and Dogri.
The Parliament passed the 92nd
Amendment (100th Amendment
Bill ) of constitution on
22nd December 2003 which
recognises Bodo, Maithili,
Santhali and Dogri languages
in the 8th Schedule.
ALL INDIA SERVICES
1. Indian Administrative Service (IAS) is the administrative civil service
of the Indian government. (1947)
2. Indian Police Service (IPS) (1947)
3. Indian Forest Service (IFS) ( 1966)
There are 34 group ‘A’ Central Services and 25 group ‘B’ Central
services.
The present system of recruitment is based on the recommendations
of Macaulay committee (1854), Kothari Committee (1974) and Satish
Chandra Committee (1988)
The latest Commission on Civil Services is Hota Commission.
Art.312 allows the Rajya Sabha to create any other All India Services
with two by third majority.
The recruitment to these services is made through the Union Public
Service Commission on the basis of the annual Civil Services
Examination.
297
National Commission for
SCs & STs (Art. 338)
Amendment Act 65th replaces
the officer for S.C. and ST with
National Commission for SC &
ST.
Investigate and monitor all
matters relating to the
constitutional and other legal
safeguard for SCs and STs is
the main function.
Art. 338 originally provided for
Special Officer for SC & ST.
The commission consists of a
chairman, a vice - chairman and
five other members.
They are appointed by the
President.
Service Conditions and Tenure
are also determined by the
President.
NON CONSTITUTIONAL
BODIES
Planning Commission
Established in 1950 by an
executive resolution of the
Govt. of India.
It was recommended by the
Advisory Planning Board of
1946, under the chairmanship
of K.C. Neogi.
Supreme Organ of Planning for
Social and economic
development.
Prime Minister is the
chairman of the commission.
Deputy Chairman is the de
facto or full time functional
head of the commission.
Super Cabinet
Economic Cabinet
Parallel Cabinet
Fifth Wheel of the Coach
The finance minister and
planning minister are the exofficio
members of the
commission.
Planning Commission
formulates India's Five-Year
Plans, among other functions.
Make an assessment of
material capital and human
resources of the country and
investigate the possibilities of
augmenting them.
Formulate a plan for the most
effective and balanced
utilization of the country’s
resources.
Determines priorities and to
define stages in which the plan
should be carried out.
Montek Singh Ahluwalia is
the current Deputy Chairman
of the Planning Commission of
India.
National Development
Council
NDC established in August
1952 by an executive resolution.
Composition
Prime Minister as its head.
All Union Cabinet Ministers
are members from 1967.
Chief Ministers of all states.
Chief Ministers and
administrators of all Union
Territories.
Functions
Prescribe guidelines for
preparation of the national
plan.
Consider the national plan as
prepared by the Planning
Commission.
Consider important questions
of social and economic policy
affecting national develop
ment.
Review the working of the
national plan from time to time.
Recommend measures for
achievement of the aims and
targets set out in the national
plan.
N.D.C is the highest body
below parliament responsible
for policy matters with regard
to planning for social and
economic development.
Central Vigilance
Commission
Established in 1964 on the
recommendation of the
Santhanam Committee on
prevention of Corruption
(1962-64)
In 2003, statutory status was
given to the C.V.C.
Central Vigilance Commi
ssioner and other two
commissioners appointed by
the President on the
recommendation of a three -
member committee. (Prime
Minister, Home Minister and
Leader of Opposition in the
Lok Sabha)
It conduct enquiry into the
corruption cases against Civil
Servants on a reference by the
Central Govt. (All India
servants, Class ‘A’ servants of
Central Govt., Specified level
of Officers)
It enjoys the powers of a Civil
Court.
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