Constitution of India SPMB

·        Simon Commission boycotted; Congress declared complete independence (Dec 1929).

·        Support for Constituent Assembly elected based on widest franchise.

1935:

·        INC’s Historic Move: Advocated for Constituent Assembly.

·        Jawaharlal Nehru’s stance: Constitution framed by an Assembly without external interference.

August Offer (1940):

·        British Acceptance: Shift in colonial policy, acknowledged need for self-governance.

Cripps Proposals (1942):

·        Congress rejected Cripps’ Proposals but recognized Indian authority to draft the constitution.

Labour Government (1945):

·        Committed to forming a Constituent Assembly, marking British acknowledgment.

Cabinet Mission (March 15, 1946):

·        Recommended Constituent Assembly and interim government.

·        Provincial Representation: Based on population.

·        Community Representation: Seats divided among Muslims, Sikhs, and General communities.

·        Election Method: Proportional representation, single transferable vote.

·        Princely States: Nomination of representatives by heads.

Elections:

·       Congress: 208 seats.

·       Muslim League: 73 seats.

·       Princely States: 93 seats remained vacant.

First Assembly Meeting (Dec 9, 1946):

·       Boycotted by Muslim League.

·       Temporary President: Dr. Sachchidananda Sinha.

·       Permanent President: Dr. Rajendra Prasad.

·       Vice Presidents: H.C. Mukherjee, V.T. Krishnamachari.

·        Adopted on Jan 22, 1947.

Key Provisions:

1.      Independent Sovereign Republic.

2.      Constitution to ensure unity and security.

3.      Power derived from the people.

4.      Federal Government structure.

5.      Guarantees justice, equality, fundamental freedoms.

6.      Safeguards for minorities, backward classes.

7.      Protection of national integrity.

8.      Contribution to world peace.

·        Dual role as constitution-maker and legislative body.

·        Dr. Rajendra Prasad: Presided constitution sessions.

·        G.V. Mavlankar: Presided legislative sessions.

Constitution Framing Process

·        11 sessions, spanning 2 years, 11 months, 18 days.

·        Constitution references: 60 countries.

·        Draft considered for 114 days.

·        Total cost: ₹64 lakh.

·        Final session: Jan 24, 1950; Assembly continued as Provisional Parliament until 1952.

Members:

·       Dr. B.R. Ambedkar (Chairman)

·       N. Gopalaswamy Ayyangar

·       Alladi Krishnaswamy Ayyar

·       Dr. K.M. Munshi

·       Syed Mohammad Saadullah

·       N. Madhava Rau (replaced B.L. Mitter)

·       T.T. Krishnamachari (replaced D.P. Khaitan).

Drafting Process:

·        First draft prepared, circulated for feedback.

·        Revised draft: 315 Articles, 9 Schedules.

·        Presented to Constituent Assembly on Feb 21, 1948.

·        Deliberations lasted until Nov 26, 1949.

·        Preamble endorsed last.

·        Final adoption on Nov 26, 1949.

·        Constitution: 395 Articles, 8 Schedules.

·        Dr. Rajendra Prasad signed the document.

Repealed Acts:

·        Indian Independence Act, 1947, Government of India Act, 1935 repealed.

·        Abolition of Privy Council Jurisdiction Act, 1949 remained in force.

Enforcement of the Constitution

Partial Enforcement:

·        Provisions on citizenship, elections, provisional parliament came into effect on Nov 26, 1949.

Republic Day:

·        Major part of the Constitution enforced on Jan 26, 1950.

·        Chosen due to its significance (Purna Swaraj day of 1930).

2.      Not Sovereign: Created under British proposals, sessions held with British Government permission.

3.      Time Consuming: Took 2 years, 11 months, 18 days; critics compared it to America’s 4-month constitution drafting.

4.      Congress Dominated: Assembly criticized for being Congress-dominated.

5.      Lawyer-Politician Domination: Criticism over dominance of lawyers and politicians, leading to complex language.

6.      Hindu Dominated: Critics (e.g., Lord Viscount Simon, Winston Churchill) claimed Assembly represented mainly Hindus.

Key Personalities:

·        Sir B.N. Rau: Constitutional Advisor.

·        H.V.R. Iyengar: Secretary to the Constituent Assembly.

·        S.N. Mukerjee: Chief draftsman.

·        Prem Behari Narain Raizada: Calligrapher.

·        Nand Lal Bose, Beohar Rammanohar Sinha: Decorated original Constitution.

58th Constitutional Amendment (1987):

·        Article 394-A: Authorized Hindi translation of the Constitution.

·        President tasked to publish Hindi version and amendments.

·        Geographical factors: Vast country, diverse population.

·        Historical factors: Influence of Government of India Act, 1935.

·        Applies to both Centre and States.

·        Detailed with fundamental principles of governance and administrative provisions.

·        Includes justiciable and non-justiciable rights.

Provisions for:

1.      Union and State Governments.

2.      Special Sections.

3.      Fundamental Rights.

4.      Directive Principles (DPSP).

5.      Language.

6.      Citizenship.

7.      Territorial provisions.

8.      Three organs: Executive, Legislature, Judiciary.

Integrated and Independent Judiciary

·        Single integrated judicial system in India.

·        Independent Judiciary free from executive and legislative influence.

·        Supreme Court: Apex court, highest appellate court, guardian of Fundamental Rights, and Constitution.

·        Provisions to ensure judicial independence.

Indian Secularism

·        India is a secular state: No official state religion.

·        Guarantees freedom of religion without state interference or preferential treatment.

·        No discrimination on religious grounds.

·        Temporary reservation for SC/ST but no communal representation.

Three-tier Government

·        73rd and 74th Amendments (1992): Introduced Local Government.

o   Part IX: Panchayats (rural).

o   Part IX-A: Municipalities (urban).

Co-operative Societies

·        97th Constitutional Amendment Act (2011):

1.      Made forming co-operatives a fundamental right (Article 19).

2.      Added DPSP (Article 43-B) for promoting co-operatives.

3.      Introduced Part IX-B for regulating co-operatives.

·        Government of India Act, 1935: 250 provisions.

·        Dr. B.R. Ambedkar: Constitution framed after “ransacking” all known constitutions.

·        Structural part: Largely from the Government of India Act, 1935.

·        Philosophical part:

o   Fundamental Rights: Inspired by American Constitution.

o   Directive Principles: From Irish Constitution.

·        Political part:

o   Cabinet government, Executive-Legislature relations: Based on British Constitution.

Fundamental Rights

·        Articles 12-35 (Part III): Six Fundamental Rights.

·        Borrowed from the US Constitution.

·        Originally 7 rights; Right to Property repealed by 44th Amendment (1978).

·        Current 6 Fundamental Rights:

o   Right to equality,

o   Right to freedom,

o   Right against exploitation,

o   Right to freedom of religion,

o   Cultural and educational rights,

o   Right to constitutional remedies.

·        Rights are justiciable (enforceable in courts).

Universal Adult Franchise

·        Every citizen 18+ years has the right to vote irrespective of caste, sex, religion, etc.

·        Ensures political equality.

Single Citizenship

·        Unlike the dual citizenship system (e.g., USA), India has single citizenship.

·        All citizens have equal rights across the country, promoting unity and integration.

·        Amendment procedure determines flexibility or rigidity.

·        Three types of amendments:

1.      Simple majority (e.g., Citizenship amendments).

2.      Special majority (e.g., Fundamental Rights).

3.      Special majority + ratification by states (e.g., federal structure).

Federal System with Unitary Bias

·        Federal features: Dual government, division of powers, written Constitution, constitutional supremacy, independent judiciary, bicameralism.

·        Unitary features: Strong Centre, Governor appointment by Centre, single Constitution, integrated judiciary, all-India services, single citizenship.

·        Article 1: India as a “Union of States”.

1.      No agreement among states.

2.      States cannot secede.

·        Described as “quasi-federal” or “federal in form, unitary in spirit” (K.C. Wheare).

Parliamentary Form of Government

·        British Parliamentary System adopted over the American Presidential system.

·        Cooperation between executive and legislature.

·        Features of Indian Parliamentary Government:

1.      Real and nominal executives: PM (real), President (nominal).

2.      Collective responsibility to Lok Sabha.

3.      Majority rule, dissolution of Lower House (Lok Sabha) on PM’s advice.

4.      Prime Ministerial Government.

5.      Individual responsibility of ministers to President.

Independent Bodies

·        Establishment of independent bodies: Supreme Court, Election Commission, UPSC, CAG.

·        Bulwarks of the democratic system.

Emergency Provisions

·        Three types of emergencies:

1.      Article 352: War, external aggression, armed rebellion.

2.      Article 356: Failure of constitutional machinery in states.

3.      Article 360: Financial emergency.

·        Ensures sovereignty, unity, integrity, and security.

·        Transforms from federal to unitary during emergencies.

·        Judicial review: Declaring laws unconstitutional.

·        Article 21: “Procedure established by law” limits judicial review scope (narrower than USA’s “due process”).

·        Supreme Court: Power of judicial review (Article 13).

·        Parliament: Can amend the Constitution except its basic structure (Keshavananda Bharati case).

Judicial Review

·        Borrowed from the USA.

·        Inherent in Article 13.

·        Supreme Court and High Courts empowered for judicial review.

Rule of Law

·        Law is supreme, not men; everyone is equal before the law (Article 14).

·        Public Interest Litigation (PIL) and Lok Adalats promote legal access.

·        Citizens can seek legal assistance or argue their cases.

Directive Principles of State Policy (DPSP)

·        Part IV (Articles 36-51): Duties of the state to ensure social and economic justice.

·        Borrowed from Irish Constitution.

·        Non-justiciable but fundamental to governance.

·        Aimed at establishing a welfare state.

·        Minerva Mills case (1980): Balances Fundamental Rights and DPSP.

Fundamental Duties

·        Introduced by 42nd Amendment Act (1976) on Swaran Singh Committee recommendation.

·        Borrowed from USSR.

·        Part IV-A, Article 51-A: 11 Fundamental Duties (non-justiciable).

·        86th Amendment (2002): Added 11th duty on child education.

Principles:

·        Sovereign, Independent Republic.

·        Democratic Union, equal self-government in all parts.

·        Authority derived from people.

·        Guarantee social, economic, and political justice.

·        Ensure freedom of thought, expression, belief, faith, and worship.

·        Minority and tribal rights for equal justice.

·        Secure India’s place in global community.

Key Philosophers & Leaders

·        Jawaharlal Nehru: Objectives Resolution.

·        Mahatma Gandhi: Sarvodaya, decentralization, non-violence, upliftment of villages.

·        Dr. B.R. Ambedkar: Father of the Constitution, emphasized social justice.

·        Vinoba Bhave: Advocate of Sarvodaya.

2.      Democracy: Political accountability, elections every 5 years, broader social and economic democracy in Directive Principles.

3.      Sarvodaya: Gandhian principle of universal welfare; reflected in Preamble and Directive Principles.

4.      Socialism: Democratic socialism rooted in freedom struggle; added in Preamble by 42nd Amendment.

5.      Humanism: Global fraternity and peaceful dispute resolution (emphasized in Directive Principles).

6.      Decentralization: Panchayati Raj system for local governance; promoted by Gandhi and Directive Principles.

7.      Liberalism: Indian context emphasizes self-governance, secularism, constitutional approach.

8.      Mixed Economy: Co-existence of public and private sectors.

9.      Gandhism: Non-violence, truth, upliftment of villages, reflected in Constitution.

·        Quasi-federal (Federal system with unitary bias).

·        Independent + Integrated Judiciary (Judiciary independent but unified under Supreme Court).

Parts and Schedules of the Constitution

·        Originally 395 Articles, 22 Parts, 8 Schedules.

·        As of 2023: 470 Articles, 25 Parts, 12 Schedules.

·        Adopted: November 26, 1949.

·        Enforced: January 26, 1950.

Schedules of the Constitution

12 Schedules, categorizing powers, roles, and procedures.

·       1st Schedule: States and Union Territories.

·       2nd Schedule: Salaries of officials.

·       3rd Schedule: Oaths and affirmations.

·       9th Schedule: Added by 1st Amendment, deals with land reform laws.

·       10th Schedule: Anti-defection (added by 52nd Amendment).

2.      Part II: Citizenship (Articles 5-11).

3.      Part III: Fundamental Rights (Articles 12-35).

4.      Part IV: Directive Principles (Articles 36-51).

5.      Part IV-A: Fundamental Duties (Article 51A).

6.      Part V: Union government, executive, parliament, judiciary, C&AG.

7.      Part VI: State government.

8.      Part IX: Panchayats.

9.      Part IX-A: Municipalities.

10.   Part IX-B: Cooperative societies.

11.   Part XVIII: Emergency provisions (Articles 352-360).

·        Rehabilitating refugees from Pakistan.

·        Framing the Constitution (based on Motilal Nehru Committee recommendations and National Congress, Karachi decisions).

Parts of the Constitution

1.      Part I (Articles 1-4): Territory of India.

2.      Part II (Articles 5-11): Citizenship.

3.      Part III (Articles 12-35): Fundamental Rights.

4.      Part IV (Articles 36-51): Directive Principles of State Policy.

5.      Part IV-A (Article 51A): Fundamental Duties (added by 42nd Amendment).

6.      Part V (Articles 52-123): Union Government (Executive, Parliament, Judiciary).

7.      Part VI (Articles 152-237): State Governments.

8.      Part IX (Articles 243-243O): Panchayats.

9.      Part IX-A (Articles 243P-243ZG): Municipalities.

10.   Part IX-B (Articles 243ZH-243ZT): Cooperative Societies (added by 97th Amendment).

11.   Part XVIII (Articles 352-360): Emergency Provisions.

12.   Part XX (Article 368): Amendment of the Constitution.

·        Schedules categorize bureaucratic activities and policies of the government.

1. Schedule I (Articles 1 & 4): List of States (29) and Union Territories (6+1 Capital).
2. Schedule II: Salaries and service conditions for:

o   President, Governors, Speakers, CAG, Judges of SC/HC.

1. Schedule III: Oaths for Ministers, MPs, MLAs, Judges, and CAG.
2. Schedule IV: Allocation of seats in Rajya Sabha.
3. Schedule V (Article 244(1)): Administration of Scheduled Areas and Tribes.
4. Schedule VI (Articles 244(2), 275(1)): Tribal areas in Assam, Meghalaya, Tripura, Mizoram.
5. Schedule VII (Article 246): Union List, State List, Concurrent List.
6. Schedule VIII (Articles 344(1), 351): Languages.
7. Schedule IX (Article 31B): Land reform, nationalization, mining acts (284 items).

o   Added by First Amendment Act.

1. Schedule X (Articles 102(2), 191(2)): Anti-Defection Law.

o   Added by 52nd Amendment Act, 1985.

1. Schedule XI (Article 243G): 29 functions of Panchayati Raj institutions.
2. Schedule XII (Article 243W): 18 functions of Municipalities.

Objectives of Schedules

·        Simplify legal provisions by separating legal elements from additional information.

·        Facilitate revisions without changing the main text.

·        Enhance clarity in laws related to states, union territories, and governance policies.

·       Article 368: Governs the procedure for amending the Indian Constitution.

Amendment Process

·        Part XX of the Constitution outlines the process.

·        Nehru (1948): Constitution needs flexibility for national growth.

·        Ambedkar: Cautioned against easy amendments to avoid misuse by future governments.

Parliament’s Power to Amend

·        Union Parliament: Sole authority to amend, not the state legislatures.

·        Bill Introduction: In Lok Sabha or Rajya Sabha, by a minister or private member.

·        Majority Requirement: Must be passed by both Houses by a two-thirds majority of members present and voting.

·        No Joint Sitting: No provision for joint sitting in case of disagreements between Houses.

·        President’s Role: Must give assent after 24th Amendment (1971); no veto power.

·        State Ratification: Required if federal provisions are amended (50% of state legislatures).

Judicial Review

·        Any amendment can be subject to judicial review. If ultra vires, courts can strike it down (e.g., NJAC judgment).

·        New state formation, boundaries, names.

·        Legislative councils.

·        Salaries, emoluments, etc.

·        Official language, citizenship.

·        Election rules, quorum.

·        Supreme Court jurisdiction.

Amendment by Special Majority: Two-thirds of members present and voting, plus over 50% of total membership (used for most amendments):

·        Amending Fundamental Rights.

·        Removal of Judges, CEC, CAG.

·        National Emergency approval.

·        Changes to state legislatures or federal structure.

Amendment by Special Majority + State Ratification: For amendments affecting federal structure.

·        Example: GST Act needed ratification from 15 of 29 states.

Special Majority (Article 61): For the impeachment of the President.

·        Lok Sabha: Requires 364 members.

·        Rajya Sabha: Requires 164 members.

Types of Majorities

·        Simple Majority: More than 50% of present and voting members.

·        Special Majority: Two-thirds of present and voting members + more than 50% of total strength (Article 368).

·        Special Majority with State Ratification: For federal amendments; needs state approval by a simple majority.

·        Special Majority (Article 61): Impeachment requires a majority of two-thirds of the total membership.

·        GST Bill: Required ratification by 15 state legislatures.

·        24th Amendment (1971): Made presidential assent mandatory.

Amendment by Special Majority of Parliament and Consent of States

·        Federal provisions: Amended by special majority in Parliament + consent from half of state legislatures.

·        Simple majority of state legislatures is sufficient.

·        No time limit for states to ratify the bill.

Provisions requiring special majority and state consent:

1.      Election of the President and its manner.

2.      Extent of executive powers of Union and States.

3.      Supreme Court and High Courts.

4.      Legislative powers distribution between Union and States.

5.      GST Council.

6.      Seventh Schedule lists.

7.      Representation of states in Parliament.

8.      Power of Parliament to amend Constitution and its procedure (Article 368).

·       Amendment power lies with Parliament, not a separate body.

2.      State legislatures cannot initiate amendments (except legislative councils in states).

3.      Parliament has more power to amend Constitution, with limited state role.

·       Only half of the states’ consent is needed, while US requires three-fourths.

4.      No time limit for state ratification.

·       No clarity on whether states can withdraw approval after ratification.

5.      No joint sitting provision for constitutional amendments.

·       Exists only for ordinary bills.

6.      Amendment process resembles legislative process.

·       Except for the special majority, follows the ordinary bill procedure.

Scholar views:

·        K.C. Wheare: Amendment procedure strikes a good balance between flexibility and rigidity.

·        Granville Austin: Amendment process is diverse, not overly complex, and effectively meets changing needs.

Key Cases:

·        Shankari Prasad vs. Union of India (1951):

o   Parliament, under Article 368, can amend any part of the Constitution, including Fundamental Rights.

·        Sajjan Singh vs. State of Rajasthan (1965):

o   Reaffirmed Shankari Prasad’s ruling on Parliament’s power to amend.

o   Justice Mudholkar & Justice Hidyatullah raised concerns about unrestricted power.

·        Golak Nath vs. State of Punjab (1967):

o   Reversed Shankari Prasad ruling, stating Article 368 does not grant absolute power to amend the Constitution.

·        24th Constitution Amendment Act (1971):

o   Gave Parliament power to take away Fundamental Rights and made President’s assent mandatory on constitutional amendments.

·        Kesavananda Bharati vs. State of Kerala (1973):

o   Established the Basic Structure doctrine—Parliament can amend the Constitution but cannot alter its Basic Structure.

·        42nd Amendment Act (1976):

o   Declared no limitations on Parliament’s power to amend.

·        Minerva Mills vs. Union of India (1980):

o   Rejected parts of the 42nd Amendment, ruling that judicial review is part of the Basic Structure.

·        Waman Rao vs. Union of India (1981):

o   Applied prospective overruling—laws in Ninth Schedule before Kesavananda ruling are valid, but those added later can be questioned.

·        Indra Sawhney & Others vs. Union of India (1992):

o   Rule of Law declared part of the Basic Structure.

·        Kihoto Hollohan Case (1993):

o   Added Free and fair elections, Democratic, and Republican principles to Basic Structure.

·        S.R. Bommai vs. Union of India (1994):

o   Declared Federalism, Secularism, and Democracy as Basic Structure.

2.      Sovereign, democratic, republican nature

3.      Secular character

4.      Separation of powers (Legislature, Executive, Judiciary)

5.      Federal character

6.      Unity and integrity

7.      Welfare state (socio-economic justice)

8.      Judicial review

9.      Parliamentary system

10.   Rule of law

11.   Balance between Fundamental Rights and DPSPs

12.   Equality principle

13.   Free and fair elections

14.   Independence of Judiciary

15.   Limited Parliamentary power to amend Constitution

16.   Powers of Supreme Court (Articles 32, 136, 141, 142)

17.   Powers of High Courts (Articles 226, 227)

·        Maintains Constitution’s supremacy by preventing Parliament from overreaching.

·        Ensures Separation of Powers.

·        Granville Austin: Balance achieved between Parliament and Supreme Court in protecting the Constitution.

·        Protects Fundamental Rights.

·        Makes the Constitution a living document, dynamic and progressive.

Criticisms

·        Inconsistent with Separation of Powers: Courts reviewing amendments may undermine legislative powers.

·        Vagueness: No clear definition of what constitutes the Basic Structure.

·        Turns Judiciary into a third house of Parliament.

·        Accused of Judicial Overreach, e.g., National Judicial Appointment Commission Act (2014) struck down using Basic Structure doctrine.

·        Positive Rights: Moral claim to receive certain treatment (e.g., right to education, voting).

·        Moral Rights: Inherent by nature (independent of law), based on well-being and individual autonomy.

·        Legal Rights: Established by governments and enforced by law.

Classification of Rights

1.      Moral Rights:

o   Based on societal conscience.

o   Social sanction secures their observance (e.g., respect for elders).

2.      Legal Rights:

o   Enforced by law and protected by courts.

o   Available to all citizens (e.g., right to property, education).

3.      Civil Rights:

o   Essential for a civilized life (e.g., right to equality, liberty, life).

o   Protected by the state for citizens and aliens alike.

4.      Political Rights:

o   Right to participate in politics and civil society (e.g., right to vote, hold public office).

5.      Economic Rights:

o   Guarantee economic security (e.g., right to work, fair wages).

o   Necessary for the full exercise of civil and political rights.

o   First document to limit the powers of the English King and protect barons’ rights.

2.      England’s Bill of Rights (1689):

o   Established civil liberties like freedom from cruel punishments.

3.      United States Bill of Rights (1791):

o   First 10 amendments to the US Constitution, including freedom of speech, right to bear arms.

4.      France’s Declaration of the Rights of Man (1789):

o   Defined universal individual and collective rights during the French Revolution.

5.      Universal Declaration of Human Rights (1948):

o   UN declaration that outlines 30 basic rights and freedoms, including civil, political, economic, social, and cultural rights.

o   India played an active role in its drafting.

o   Forms the International Bill of Human Rights along with other key international covenants.

Significance of Universal Declaration of Human Rights (UDHR):

·        Established in 1948 by the United Nations General Assembly.

·        Contains 30 articles outlining civil, political, social, and cultural rights.

·        A foundational document in shaping the post-WWII international human rights framework.

·        Enforced by the Supreme Court (Article 32) and High Courts (Article 226).

·        Protect citizens from State violations and ensure legal redress through writs like habeas corpus.

·        Apply to all Indian citizens irrespective of race, religion, caste, or gender.

Original List of Fundamental Rights:

1.      Right to Equality (Articles 14–18)

2.      Right to Freedom (Articles 19–22)

3.      Right against Exploitation (Articles 23–24)

4.      Right to Freedom of Religion (Articles 25–28)

5.      Cultural and Educational Rights (Articles 29–30)

6.      Right to Property (Article 31) – Removed by 44th Amendment Act, 1978

7.      Right to Constitutional Remedies (Article 32)

2.      Qualified rights – subject to reasonable restrictions.

3.      FRs balance individual liberty with social control.

4.      Mostly enforceable against State actions, but some apply to private actions.

5.      Include both positive and negative rights.

6.      Justiciable in nature – protected by courts.

7.      Can be amended but not in violation of the basic structure.

8.      Can be suspended during National Emergency, except Articles 20 and 21.

9.      Limited by Articles 31A, 31B, 31C.

10.   Parliament can restrict FRs for armed forces and emergency situations

1.      Government and Parliament of India

2.      State Legislatures

3.      Local Authorities (municipalities, panchayats)

4.      Statutory/Non-Statutory Authorities (e.g., LIC, ONGC)

Article 13 – Laws Inconsistent with Fundamental Rights:

·        Pre-constitutional laws violating FRs are void (Article 13(1)).

·        Post-constitutional laws violating FRs are void (Article 13(2)).

·        Doctrine of Eclipse: Laws violating FRs are not dead but dormant.

·        Doctrine of Waiver: FRs cannot be waived.

·        Doctrine of Severability: Invalid portions of a law can be severed, leaving the valid parts intact.

·        Kesavananda Bharati Case (1973): Constitutional amendments can be challenged if they violate the basic structure.

·       Derived – British and American legal principles.

·       Rule of Law: No arbitrary power; equal subjection to laws for all citizens.

·       SC Ruling: Article 14 is part of the basic structure and cannot be amended.

Article 15 – Prohibition of Discrimination:

·       No discrimination on grounds of religion, race, caste, sex, or place of birth.

·       Exceptions: Special provisions for women, children, backward classes, SC/ST, and economically weaker sections (EWS).

·       103rd Amendment Act (2019): Provides 10% reservation for EWS.

Article 16 – Equality of Opportunity in Public Employment:

·       Ensures equal access to public employment.

·       Mandal Commission Report (1980): Recommended 27% OBC reservation.

·       Indra Sawhney Case (1992): Upheld OBC reservation but capped total reservations at 50%; excluded creamy layer.

·       77th, 85th, 81st Amendments: Enabled reservation in promotions and consequential seniority for SC/ST.

Article 17 – Abolition of Untouchability:

·       Untouchability is prohibited and punishable.

·       Protection of Civil Rights Act (1955) ensures strict penalties.

Article 18 – Abolition of Titles:

·       Prohibits the state from conferring any titles except military or academic.

·       Indian citizens cannot accept foreign titles without President’s consent.

·        Initially, Article 19 guaranteed seven freedoms, but the 44th Amendment Act (1978) removed the right to property.

Current six freedoms under Article 19:

1.      Freedom of speech and expression [Article 19(1)(a)]

2.      Freedom to assemble peaceably without arms [Article 19(1)(b)]

3.      Freedom to form associations, unions, or cooperatives [Article 19(1)(c)]

4.      Freedom to move freely throughout India [Article 19(1)(d)]

5.      Freedom to reside and settle in any part of India [Article 19(1)(e)]

6.      Freedom to practice any profession, or carry on any occupation, trade, or business [Article 19(1)(g)]

These rights apply only to citizens and not to foreigners or legal persons (e.g., companies).

Includes:

·       Propagating one’s views and others’ views.

·       Freedom of the press.

·       Commercial advertisements.

·       Right against telephonic tapping.

·       Right to telecast (no government monopoly on electronic media).

·       Right to peaceful demonstrations (not strike).

·       Right to know about government activities.

·       Freedom of silence.

Restrictions: sovereignty, integrity of India, security of the state, public order, decency, morality, defamation, and incitement to offenses.

Freedom of Assembly [Article 19(1)(b)]

·        Right to peaceful assembly without arms.

·        Must be on public land and peaceful.

·        Restrictions: sovereignty, public order, and the maintenance of public safety.

Freedom of Association [Article 19(1)(c)]

·        Right to form political parties, trade unions, clubs, etc.

·        Restrictions: sovereignty, public order, morality.

Freedom of Movement [Article 19(1)(d)]

·        Right to move freely across India.

·        Restrictions: public interest, protection of Scheduled Tribes.

Freedom of Residence [Article 19(1)(e)]

·        Right to reside and settle anywhere in India.

·        Restrictions: public interest, protection of Scheduled Tribes.

Freedom of Profession [Article 19(1)(g)]

·        Right to practice any profession or carry out any trade, occupation, or business.

·        Restrictions:

o   Public interest.

o   Prescribing qualifications.

o   Monopoly of state-run industries.

1.      Ex Post Facto Law [Article 20(1)]:

·       No person can be convicted for violating a law that was not in force when the act was committed.

·       Only applies to criminal laws, not civil or tax laws.

2.      Double Jeopardy [Article 20(2)]:

·       No person can be prosecuted and punished twice for the same offense.

·       Only applicable in judicial proceedings, not administrative.

3.      Self-incrimination [Article 20(3)]:

·       No person accused of a crime can be forced to be a witness against themselves.

·       Does not extend to material evidence or thumbprints.

Protection of Life and Personal Liberty (Article 21)

·        Right to life and personal liberty; no person shall be deprived except by procedure established by law.

·        Menaka Gandhi case (1978) introduced the concept of “due process of law”.

Right to Education (Article 21A)

·        Introduced by the 86th Amendment Act (2002).

·        Free and compulsory education for children aged 6–14.

·        Supported by the Right to Education Act (2009).

Protection Against Arrest and Detention (Article 22)

1.      Ordinary law:

§  Right to know the cause of arrest.

§  Right to legal representation.

§  Must be produced before a magistrate within 24 hours.

2.      Preventive detention:

§  Preventive detention up to 3 months without an advisory board.

§  Grounds for detention must be communicated to the detainee.

§  Detention can be extended after the board’s approval.

Preventive Detention Laws

• Parliament and state legislatures share concurrent powers for enacting preventive detention laws.
• Can be enacted for reasons concerning defense, security, public order.

·       Supported by Bonded Labour System (Abolition) Act, 1976, Minimum Wages Act, 1948, and others.

·       Exception: State can impose compulsory service (e.g., military) without discrimination.

Article 24: Bans employment of children under 14 in hazardous jobs.

·       Key law: Child Labour (Prohibition and Regulation) Act, 1986.

·       2006 ban: Child employment in domestic service/business establishments.

·       State can regulate secular activities and provide social reform.

·       Sikhs allowed to carry kirpans; includes Sikhs, Jains, Buddhists.

Article 26: Religious denominations can establish institutions, manage affairs, own property.

·       Denomination: Must have common beliefs, organization, distinct name.

Article 27: Prohibits taxation for promoting a particular religion.

Article 28: No religious instruction in state-funded schools; exceptions for institutions under trusts/endowments.

·        Article 30: Minorities (religious/linguistic) have the right to establish and administer educational institutions; state aid cannot discriminate.

o   44th Amendment: Protects minority property from compulsory acquisition.

·        Article 31A: Protects laws related to estate acquisition, corporate amalgamation, etc.

·        Article 31B: Protects laws in the Ninth Schedule from judicial review.

·        Article 31C: Laws enforcing Directive Principles (39b, 39c) cannot be invalidated by Articles 14/19.

·       Dr. Ambedkar: Article 32 – “Heart and Soul of the Constitution.”

Four Provisions:

1.      Right to move SC for FRs enforcement.

2.      SC can issue writs (habeas corpus, mandamus, prohibition, certiorari, quo-warranto).

3.      Parliament can empower other courts (except High Courts – Article 226).

4.      Right suspended during national emergency (Article 359).

SC Role: Defender/guarantor of FRs.

• Original Powers: Direct access to SC.
• Wide Powers: Writs and orders.

·       Article 32 Limitation: Cannot determine non-FR issues.

·       Concurrent Jurisdiction: SC and High Courts (Article 226) both have original powers for FRs enforcement.

·       No Alternate Remedy Bar: Article 32 prevails despite available alternate remedies, but SC suggests first moving to High Courts.

·        Parliament Empowerment: Can allow other courts to issue writs (not done yet).

·        English Law: Writs are borrowed from English ‘prerogative writs’.

Fundamental Rights in Armed Forces:

·        Article 33: Parliament can restrict/abrogate FRs for armed forces, para-military, police, intelligence.

·        Objective: Ensure discipline and duty discharge.

·        Exclusive Power: Only Parliament can make such laws, unchallengeable in courts.

·        Acts: Army Act (1950), Navy Act (1950), Air Force Act (1950), Police Forces (Restriction of Rights) Act (1966), etc.

·        Parliament Powers: Can indemnify persons for acts during martial law.

Effecting Certain Fundamental Rights:

·        Article 35: Parliament has exclusive powers to legislate for the enforcement of specified FRs.

Parliament Powers:

• Prescribe residence conditions for employment.
• Empower courts to issue writs for FRs enforcement.
• Restrict FRs for armed forces, police.
• Indemnify actions during martial law.
• Prescribe punishments for untouchability, human trafficking, and forced labor.

·        Article 35 Extension: Parliament can legislate on State List matters related to FRs.

Fundamental Rights Importance:

·        Provide material, moral protection, individual liberty.

·        Protect minorities and weaker sections.

·        Strengthen secularism.

·        Ensure dignity, social equality, justice.

·       Inspired by: Irish Constitution (1937), Instrument of Instructions (Government of India Act, 1935).

·       Dr. B.R. Ambedkar: “Novel features” of the Constitution.

·       Granville Austin: DPSP & FRs – “Conscience of the Constitution.”

·       Article 37: DPSPs are non-enforceable but fundamental in law-making.

Comparison:

o   FRs: Negative, justiciable, political democracy, individual-based, enforceable by SC.

o   DPSPs: Positive, non-justiciable, socio-economic democracy, community-based.

DPSP Scope:

·        Comprehensive economic, social, political program for welfare state.

·        DPSPs help courts in determining constitutionality of laws (Article 14 & 19).

·        Article 38: Welfare of people, reduce inequalities.

·        Article 39: Livelihood, resource distribution, prevent wealth concentration, equal pay, worker and child protection.

·        Examples: Planning Commission, Land reforms, Nationalization of banks, Child Labor Prohibition Act (1986), Equal Remuneration Act (1976).

·        Article 39A: Free legal aid (National Legal Services Authority Act, 1987).

·        Article 41: Right to work, education, public assistance (Maternity Benefit Act, 1961; AP unemployment allowance).

·        Article 42: Humane work conditions, maternity relief.

·        Article 43: Living wage, standard of life.

·        Article 43A: Worker participation in management (PSUs).

·        Article 47: Nutrition, public health (Public Distribution System).

·        Article 40: Village Panchayats (73rd Amendment, 1992).

·        Article 43: Promote cottage industries (Khadi and Village Industries Board).

·        Article 43B: Cooperatives (97th Amendment, 2011).

·        Article 46: Educational and economic interests of SCs/STs, weaker sections.

·        Article 47: Prohibit intoxicants (Bihar, Kerala liquor ban).

·        Article 48: Prohibit cow slaughter, improve breeds (UP, Uttarakhand).

·        Article 44: Uniform Civil Code (Goa Civil Code, Uttarakhand).

·        Article 45: Early childhood care (ICDS, Balwadis, Anganwadi).

·        Article 48: Organize agriculture, animal husbandry (ICRISAT, National Livestock Mission).

·        Article 48A: Environment, wildlife protection (Wildlife Protection Act, 1972).

·        Article 49: Protect monuments (Ancient Monuments Act, 1951).

·        Article 50: Separate judiciary from executive (Criminal Procedure Code, 1973).

·        Article 51: Promote international peace (Non-alignment, Panchsheel).

·        42nd Amendment Act (1976): Environment protection (Article 48A), child development, free legal aid.

·        44th Amendment Act (1978): Minimize income/status inequalities (Article 38).

·        86th Amendment Act (2002): Early childhood care (Article 45).

·        97th Amendment Act (2011): Promote cooperatives (Article 43B).

DPSP Criticism:

·        No legal force, illogical arrangement, conservative, potential centre-state conflict (K Santhanam).

·        Champakam Case (1951): FRs prevail over DPSPs, led to First, Fourth, and Seventeenth Amendments.

·        Golaknath Case (1967): Parliament cannot amend FRs for DPSPs.

·        Kesavananda Bharti Case (1973): Basic Structure Doctrine, first provision of Article 31C upheld.

·        Minerva Mills Case (1980): Balance between FRs & DPSPs, DPSPs cannot override FRs.

·        Article 335: Claims of SCs/STs in services.

·        Article 350-A: Mother tongue instruction.

·        Article 351: Promote Hindi language.

Role of DPSPs:

• Stability in governance, supplementary to FRs
• Test for government performance,
• Influence opposition control, guide for legislative actions.

·        Increased to 11 by 86th Amendment (2002).

·        Inspired by: USSR Constitution; democratic countries like USA, France, etc., do not have listed duties.

·        Part IV-A, Article 51A: Ten duties added, later expanded to eleven.

Swaran Singh Committee (1976):

·        Appointed by: Indira Gandhi-led Congress government.

·        Recommendations: Introduce a separate chapter with 8 duties; 10 duties added in 1976.

·        Unaccepted recommendations:

o   Punishment for non-compliance.

o   Duty to pay taxes.

·        Indian Tradition: Codified values from Indian culture, religion, mythology.

·        Citizens Only: Duties apply only to citizens, not foreigners.

·        Non-justiciable: No legal enforcement or punishment for violation.

Significance of Fundamental Duties:

·        Reminder: Rights come with duties.

·        Curb anti-national, anti-social activities.

·        Promote discipline and national unity.

·        1992 SC Ruling: Laws enforcing duties can be considered reasonable under Articles 14 & 19.

·       Raise citizen standards in public life.

·       Integrity and honesty in public office.

·       Leadership to promote Fundamental Duties.

·       Identified Acts: Protection of Civil Rights Act (1955), Wildlife Protection Act (1972), Prevention of Insults to National Honour Act (1971), Forest Conservation Act (1980), etc.

·       Called for awareness programs for citizens.

M.N. Venkatachaliah Commission (Constitution Review, 2000):

·       Promote awareness about duties.

·       Emphasize voting, paying taxes.

·       Implement Justice Verma Committee recommendations.

2.      Vague: Terms like “noble ideals” and “scientific temper” are unclear.

3.      Moral Code: Non-enforceable and seen as superfluous.

4.      Placement: Should have been included after Part III (Fundamental Rights).

Conclusion:

·        Duties are vital for national integration and cultural harmony.

·        Despite criticisms, they provide a framework for a disciplined and responsible citizenry.

·        Increased focus on fulfilling civic responsibilities.

·       Part IV: Goals and ideals for promoting welfare.

·       Eliminate inequalities: Income, status, opportunities.

·       Distribution of material resources: Ensure control over resources for the community’s benefit.

Fundamental Rights (FRs):

·       Part III: Enforceable by courts.

·       Right to equality: No discrimination (religion, race, caste, sex, place of birth).

·       Right to life and liberty: Protects personal freedoms.

Economic and Social Development:

·       Promotion of cottage and small industries: Reduce inequalities.

·       Agriculture, animal husbandry, forest protection.

·       Reservations: Uplift socio-economically backward sections.

·       27% below poverty line, limiting access to basic services (education, health).

2.      Inequality:

·       Significant disparities, especially among Dalits and tribal communities.

3.      Corruption:

·       Diverts resources from disadvantaged groups to elites.

4.      Inadequate infrastructure:

·       Limited resources in rural/remote areas hinder service delivery.

·       Reduction in poverty and improved standard of living over decades.

2.      Social welfare programs:

·       MNREGA: Guaranteed rural wage.

·       Public Distribution System (PDS): Subsidized food for low-income households.

3.      Education:

·       Sarva Shiksha Abhiyan: Universal primary education.

·       Right to Education Act (2009): Free, compulsory education for children (6-14 years).

4.      Healthcare:

·       National Health Mission: Access to rural health services.

·       Ayushman Bharat: Health insurance for low-income families.

·       Countries: UK, India, Canada, Australia.

Key Features

1.      Nominal & Real Executives:

·       Nominal: President (India).

·       Real: Prime Minister.

2.      Collective Responsibility:

·       Ministers are responsible for policies and acts of the government.

3.      Majority Party Rule:

·       Party with the most seats forms the government.

4.      Prime Minister Leadership:

·       Leader of the ruling party is Prime Minister.

5.      Lower House Dissolution:

·       President can dissolve Lok Sabha on the Prime Minister’s advice.

6.      Secrecy:

·       Confidentiality in government decisions and policies.

7.      Political Homogeneity:

·       Ministers generally share a common ideology.

Prime Minister:

·       Leader of the majority party.

·       Heads the executive and is usually a member of Parliament.

Responsible Government:

·       Executive is accountable to Parliament and, indirectly, the people.

Presidential Government

President:

·       Head of state and government.

·       Holds real executive power.

Single Executive: No division between head of state and government.

Legislative Independence:

·       Executive is not responsible to the legislature.

·       President (nominal), Prime Minister (real, Article 74).

2.      Legislative-Executive Link:

·       Ministers are members of Parliament.

3.      Collective Responsibility:

·       Ministers are accountable to Lok Sabha.

4.      Political Homogeneity:

·       Council of Ministers usually belongs to the same party.

5.      Dual Membership:

·       Ministers are part of both legislature and executive.

6.      Prime Minister’s Leadership:

·       Most powerful figure in government.

7.      Lok Sabha Dissolution:

·       Dissolution on Prime Minister’s recommendation.

8.      Secrecy:

·       Ministers maintain confidentiality of decisions.

·       Known system from British rule.

2.      Responsible Government:

·       Ensures stability and accountability.

3.      Avoiding Conflicts:

·       Prevents clashes between legislature and executive.

4.      Diverse Society:

·       Represents pluralism and various interests.

Indian vs. British Parliamentary System:

1.      Republican vs Monarchical:

·       India: Elected President.

·       UK: Hereditary monarchy.

2.      Prime Minister:

·       India: From either house (Lok Sabha or Rajya Sabha).

·       UK: Must be from lower house.

3.      Legal Responsibility:

·       UK: Ministers have legal responsibility.

·       India: No such system.

·       Frequent government changes.

2.      Executive Dominance:

·       Majority government may reduce oversight.

3.      Weak Separation of Powers:

·       Fusion of powers between legislative and executive.

4.      Lack of Direct Accountability:

·       Difficult to hold ministers accountable.

5.      Inefficient Decision-Making:

·       Coalition governments slow decision processes.

6.      Executive Overreach:

·       Risk of unchecked executive power.

7.      Limited Judiciary Role:

·       Judicial review may be weaker.

8.      Regional Disparities:

·       Variations in representation may cause unequal regional attention.

·        First General Elections (1951-52): First Parliament formed in April 1952.

Composition:

·        Three parts: President, Rajya Sabha (Council of States), Lok Sabha (House of People).

·        1954: Adoption of Hindi names – Rajya Sabha (Upper House), Lok Sabha (Lower House).

President’s Role:

·        Not a member, but an integral part of Parliament.

·        Powers:

o   Assent required for bills.

o   Can summon/prorogue Parliament, address Parliament.

o   Ordinances during Parliament recess.

Key Constitutional Articles:

·        Article 79: Establishment of Parliament.

·        Article 74: Establishment of Council of Ministers led by the Prime Minister to advise the President.

·        Article 93: Election of Speaker and Deputy Speaker.

·        Article 64 & 89: Provisions for Chairman (VP) and Deputy Chairman of Rajya Sabha.

Amendments:

·        95th Amendment (2009): Ended Anglo-Indian nominations after 2020.

Rajya Sabha

·        Permanent House: Never fully dissolved.

·        Fourth Schedule: Seat allocation to states/UTs.

·        Maximum strength: 250 members (238 elected, 12 nominated by President).

·        Current strength: 245 (229 from states, 4 from UTs, 12 nominated).

Elections:

·        State representatives elected by state legislative assemblies.

o   UT representatives by electoral college.

Functions:

·        Reviews laws, can initiate legislation, necessary for laws to pass.

Powers:

·        Representation of states.

·        Approval needed for transferring state matters to the Union.

Lok Sabha

·        Maximum strength: 550 (530 from states, 20 from UTs).

o   Current strength: 543 (530 from states, 13 from UTs).

·        95th Amendment (2009): Ended nomination of Anglo-Indian members after 2020.

·        Elections: Representatives directly elected from territorial constituencies.

·        Functions:

o   Selects executive, implements laws.

·        Powers:

o   Joint Sitting: Decides law in case of dispute between Houses (Lok Sabha likely prevails).

o   Money matters: Lok Sabha dominates (Rajya Sabha can delay by 14 days or suggest changes).

o   Council of Ministers: Controls it via no-confidence motions.

·        Citizen of India, 30+ years, registered voter in any state (post-2003 amendment).

Lok Sabha:

o   Citizen of India, 25+ years, registered voter.

o   For reserved seats, must belong to SC/ST.

Disqualifications

·        Constitutional: Office of profit, unsound mind, undischarged insolvent, loss of citizenship.

·        Statutory (Representation of People Act, 1951): Conviction for crimes, election offenses, corruption, promoting enmity.

Tenure:

·        Rajya Sabha: 6 years, 1/3 members retire every 2 years.

·        Lok Sabha: 5 years, can be dissolved earlier by President on Council’s advice.

·       Chairman (Vice-President) and Deputy Chairman.

·       Article 64: VP is ex-officio Chairman.

·       Article 89: Provides for Chairman and Deputy Chairman.

·       Removal: Chairman removed if Vice-President is removed.

Lok Sabha:

·       Speaker and Deputy Speaker.

·       Article 93: Elects Speaker and Deputy Speaker.

·       Origin: 1921 (Government of India Act, 1919).

Speaker of Lok Sabha:

·        Article 93: Election of Speaker by Lok Sabha.

·        Presides over functions of the House, chosen by newly constituted House.

Deputy Chairman (Rajya Sabha):

·        Elected by Rajya Sabha, performs duties of Chairman during absences.

Panel of Vice-Chairpersons (Rajya Sabha):

• Chairman nominates a panel for presiding over sessions in absence of Chairman/Deputy Chairman.

·       Must be a member of the House.

·       No specific qualifications, but understanding of Constitution and laws is valuable.

·       Typically from the ruling party, with informal consultations for consensus.

2.      Voting:

·       Elected by simple majority in Lok Sabha.

·       Usually proposed by the Prime Minister or Parliamentary Affairs Minister.

3.      Term:

·       5 years, continues until the new Lok Sabha meets after dissolution.

·       Eligible for re-election.

Deputy Speaker

1.      Election:

·       Elected by Lok Sabha, usually from the main opposition since the 11th Lok Sabha.

2.      Term & Removal:

·       Serves the term of Lok Sabha.

·       Can be removed by a majority resolution with 14 days’ notice.

3.      Responsibilities:

·       Performs Speaker’s duties in Speaker’s absence or vacancy.

·       Casting Vote in case of tie.

·       Becomes Chairman if appointed to any committee.

Speaker Pro Tem

·        Appointed by President (usually senior-most member) to preside over the first sitting of a newly-elected Lok Sabha.

·        Duties: Administers oaths to members, facilitates election of new Speaker.

·       Final interpreter of Constitution, Rules of Procedure, and precedents within the House.

2.       Joint Sitting:

·       Presides over joint sessions of both Houses (called by the President to resolve deadlock on a bill).

3.       Adjournment:

·       Can adjourn or suspend House sittings if quorum (1/10th members) isn’t met.

4.       Casting Vote:

·       Only votes in case of a tie (Casting Vote).

5.       Money Bills:

·       Decides if a bill is a Money Bill, with final authority.

6.       Disqualification:

·       Decides disqualification of Lok Sabha members under Tenth Schedule (Anti-defection).

·       1992 Supreme Court: Decision subject to judicial review.

7.       Ex-officio Chairman:

·       Chairs the Indian Parliamentary Group (IPG) and conference of presiding officers.

8.       Committees:

·       Constitutes Parliamentary Committees, appoints their Chairmen.

·       Chairs Business Advisory Committee, General Purposes Committee, Rules Committee.

9.       Privileges:

·       Guardian of House privileges.

10.   Removal:

·       May be removed by majority resolution in Lok Sabha with 14 days’ notice.

·       Cannot preside during removal proceedings but may be present.

·       Usually the Prime Minister or a minister nominated by the PM.

·       Not a constitutional office, mentioned in House Rules.

2.       Leader of the Opposition:

·       Leader of the largest opposition party with 1/10th seats of total House strength.

·       Statutory recognition in 1977, with status equivalent to a Cabinet Minister.

3.       Whip:

·       Appointed by political parties to ensure party discipline.

·       Not constitutionally or statutorily mentioned, based on parliamentary convention.

Parliament Sessions

1.      Summoning:

·       President calls Parliament sessions (max gap of 6 months between sessions).

2.      Sessions:

·       Budget Session: January-April.

·       Monsoon Session: July-August.

·       Winter Session: November-December.

3.      Adjournment:

·       Suspends a sitting, Speaker or Chairman has this power.

4.      Prorogation:

·       Ends a session by President (does not dissolve Lok Sabha).

5.      Quorum:

·       1/10th members must be present for proceedings.

Devices of Parliamentary Proceedings

1.      Question Hour:

·       First hour of parliamentary sitting, members ask questions.

·       Starred, Unstarred, Short notice questions.

2.      Zero Hour:

·       Follows Question Hour, MPs raise issues without prior notice (Indian innovation).

3.      Half-an-Hour Discussion:

·       Discusses public importance matters requiring clarification.

4.      Short Duration Discussion:

·       Two-hour discussion on urgent public matters (introduced in 1953).

·       Purpose: Censure the concerned minister.

·       Can be moved in Lok Sabha and Rajya Sabha.

·       Can target an individual minister, a group, or the entire council.

·       Moved to censure for specific policies/actions.

·       Only in Lok Sabha.

·       Seeks statement from the minister.

·       Can be moved in Lok Sabha and Rajya Sabha.

·       Contains an element of censure.

·       Only in Lok Sabha.

·       Can be moved in Lok Sabha and Rajya Sabha.

·       Requires support of 50 members.

·       Only in Lok Sabha.

·       Must be passed, otherwise considered defeat of the government.

·       Moved in both Lok Sabha and Rajya Sabha.

·       If passed, acts as a no-confidence vote.

·       Three types: Policy Cut, Economy Cut, Token Cut.

·       Only in Lok Sabha.

·       If approved, the matter is immediately put to a vote.

·       Four types: Simple Closure, Closure by Compartments, Kangaroo Closure, Guillotine Closure.

·       Relates to the interpretation/enforcement of House rules.

·       Suspends proceedings, no debate allowed.

·       Usually raised by opposition members.

·       Known as “Notice Under Rule 377” in Lok Sabha.

·       Used in Rajya Sabha.

·        Moved by non-minister (private member).

·        Discussed on alternate Fridays in afternoon sessions.

Government Resolution

·        Moved by a minister.

·        Can be taken up Monday to Thursday.

Statutory Resolution

·        Moved by private member or minister.

·        Tabled based on Constitution or Act of Parliament.

Financial Bills

Financial Bill I (Article 117(1))

·        Contains money bill matters + other legislation.

·        Introduced in Lok Sabha on President’s recommendation.

·        Can be amended or rejected by Rajya Sabha.

·        Joint sitting possible for resolving deadlock.

·        President can return the bill for reconsideration.

Financial Bill II (Article 117(3))

·        Deals with expenditure from the Consolidated Fund of India, but no money bill matters.

·        Treated as an ordinary bill.

·        President’s recommendation needed at the consideration stage.

·        Can be introduced in either House.

·        Joint sitting possible for deadlock resolution.

·        Introduced by a minister.

·        Reflects government policies.

·        Requires 7 days’ notice.

Private Bill

·        Introduced by a non-minister.

·        Reflects opposition stand.

·        Requires 1 months’ notice.

Money Bills

·        Article 110 defines money bills.

·        Deals exclusively with financial matters (taxation, public expenditure, etc.).

·        Speaker’s decision on whether a bill is a money bill is final.

·        Can only be introduced in Lok Sabha on President’s recommendation.

·        Rajya Sabha cannot amend or reject a money bill but may offer recommendations (within 14 days).

·        President can either give assent or withhold assent but cannot return the bill for reconsideration.

Parliamentary Privilege

·        Rights and immunities for MPs under Article 105 (Parliament) and Article 194 (State Assemblies).

·        Includes freedom of speech and the right to publication of proceedings.

·        Breach of privilege is punishable by Parliament.

·        Governed by Rule 222 in Lok Sabha and Rule 187 in Rajya Sabha.

·        Introduction and gazette publication.

Second Reading

·        Detailed scrutiny, referred to committee.

·        Clause-by-clause discussion.

Third Reading

·        Final vote, no amendments allowed.

Second House

·        Repeats same process.

·        Joint sitting if deadlock.

President’s Assent

·        May give assent, withhold assent, or return for reconsideration.

Distinguishing Between Ordinary Bills and Money Bills

Ordinary Bill

·        Introduced in either House.

·        Introduced by a minister or private member.

·        No President’s recommendation needed.

·        Can be amended or rejected by Rajya Sabha.

·        Six months delay in Rajya Sabha possible.

·        Can be returned for reconsideration by the President.

Money Bill

·        Introduced only in Lok Sabha.

·        Introduced only by a minister.

·        Requires President’s recommendation.

·        Cannot be amended or rejected by Rajya Sabha (must be returned within 14 days).

·        Speaker’s certification needed.

·        Cannot be returned for reconsideration by the President.

·        Introduced by a minister.

·        Reflects government policies.

·        Greater chance of approval.

·        Requires 7 days’ notice.

·        Drafted by government departments.

·        Rejection can lead to government resignation.

Private Bill

·        Introduced by a non-minister.

·        Reflects opposition policies.

·        Lesser chance of approval.

·        Requires 1 month’s notice.

·        Drafted by the member concerned.

·        Rejection does not affect government confidence.

Joint Sitting of Two Houses

·        Used to resolve deadlock over a bill.

·        Three situations trigger a joint sitting:

o   Bill rejected by other House.

o   Disagreement on amendments.

o   Six months’ delay.

·        Applicable to ordinary and financial bills, not money or constitutional amendment bills.

·        Speaker presides over joint sitting, Deputy Speaker or Deputy Chairman if Speaker absent.

·        Quorum: One-tenth of total members of both Houses.

·        Invoked three times:

o   Dowry Prohibition Bill, 1960.

o   Banking Service Commission (Repeal) Bill, 1977.

o   Prevention of Terrorism Bill, 2002.

·        Prepared by: Budget Division, Department of Economic Affairs (DEA), Ministry of Finance.

·        Components:

o   Revenue and capital receipts estimates.

o   Expenditure estimates.

o   Ways to raise revenue.

o   Actual receipts/expenditure of the previous year.

o   Economic and financial policy.

·        Railway Budget: Separated in 1924 (Ackworth Committee), merged in 2017 with General Budget.

Vote on Account

·        Temporary withdrawal from Consolidated Fund of India until Appropriation Bill passes.

·        Generally for two months; used for interim budgets in election years.

·        Decreased utility since 2016, as the budget session now starts on 1st February.

o   Insufficient funds for a particular service in the current financial year.

2.      Additional Grant:

o   Need for new service expenditure not in the current budget.

3.      Excess Grant:

o   Excess expenditure beyond the budget. Approved by Public Accounts Committee before submission to Lok Sabha.

4.      Exceptional Grant:

o   Granted for special purposes, not part of any financial year.

5.      Token Grant:

o   Token sum (Re. 1) granted when funds are available through re-appropriation.

6.      Vote of Credit:

o   A blank cheque to meet unexpected demands on resources.

·       Includes all revenues (tax, non-tax) and loans raised by the Union Government.

·       Expenditure: Parliamentary approval needed before withdrawal.

·       Audited by CAG.

2.       Contingency Fund of India (Article 267(1))

·       For unforeseen expenditures, operates on executive action.

·       Established by Contingency Fund of India Act, 1950.

·       Raised from Rs. 50 crore to Rs. 500 crore in 2005.

·       Approval sought post-expenditure to maintain corpus.

3.       Public Account of India (Article 266(2))

·       Receives public money other than under the Consolidated Fund (e.g., provident fund, disinvestment proceeds).

·       No prior parliamentary approval needed.

·       Audited by CAG.

·        Overriding power over Concurrent List laws in case of conflict with state laws.

·        Approves ordinances issued by the president within six weeks of reassembly.

·        Can legislate on State List under five abnormal conditions:

o   Rajya Sabha resolution.

o   National Emergency (Article 352).

o   States’ joint request.

o   International treaties/agreements.

o   President’s Rule (Article 356).

·        Delegates detailed rule-making to the Executive under delegated legislation.

o   Question hour, Zero hour.

o   Adjournment and Censure motions.

o   No-confidence motions.

·        Ministers are collectively responsible to Parliament (Lok Sabha specifically).

·        Can remove the Council of Ministers via no-confidence motion.

Financial Powers and Functions

·        No taxes or expenditure without Parliament’s approval.

·        Budgetary control: scrutinizes government finances through financial committees.

·        Principle of annuity and rule of lapse apply to the budget, ensuring annual financial accountability.

·        Three types of constitutional amendments:

o   Simple majority.

o   Special majority.

o   Special majority with state consent (half of all states).

·        Bound by the basic structure doctrine (Kesavananda Bharati case, 1973).

Judicial Powers and Functions

·        Impeaches the President for violation of the Constitution.

·        Removes the Vice-President.

·        Recommends removal of judges, CEC, and CAG.

·        Punishes members for breach of privileges.

·        Elects Lok Sabha Speaker and Deputy Speaker, Rajya Sabha Deputy Chairman.

·        Regulates elections through laws like:

o   Presidential & Vice-Presidential Election Act (1952).

o   Representation of People Act (1950, 1951).

Other Powers and Functions

·        Approves national and international significance issues.

·        Approves emergencies (National, President’s Rule, Financial).

·        Can create/abolish state legislative councils (Article 169).

·        Alters state boundaries/names.

·       Origin: British Parliament model.

·       Authority: Derived from Constitution; Article 105 (Powers, Privileges), Article 118 (Procedure).

·       Types: Standing Committees (permanent) and Ad Hoc Committees (temporary).

Consultative Committees

·        Attachment: Linked to ministries/departments.

·        Members: From both Houses; chaired by relevant minister.

·        Functions: Informal discussion on government policies, implementation.

·        Formation: Constituted by Ministry of Parliamentary Affairs, membership voluntary, max 30, min 10 members.

Financial Committees:

§  Estimates Committee (est. 1950, 30 Lok Sabha members, assesses expenditure efficiency, policy review).

§  Public Accounts Committee (PAC) (est. 1921, 22 members, scrutinizes public expenditure, CAG audits).

§  Committee on Public Undertakings (est. 1964, 22 members, examines performance of public sector undertakings).

Departmental Standing Committees (24 committees, est. 1993, 31 members each, scrutinizes policies and budgets).

§  Committees to Enquire, Committees to Scrutinize, Day-to-Day Business Committees, House-Keeping Committees.

Ad Hoc Committees (Temporary)

§  Inquiry Committees: Formed for specific investigations, report findings.

§  Advisory Committees: Select/Joint Committees on bills, scrutinize specific bills.

2.      Mini-Parliament: Represent political diversity, collaborate beyond public scrutiny.

3.      Scrutiny: Thorough examination of bills, seek public/stakeholder input.

4.      Check on Government: Recommendations pressure government to reconsider policies, create public record.

Issues with Committees

·        Weakened System: Discretionary referral of bills to committees undermines legislative scrutiny.

·        Brute Majority: Bypassing committees reduces Parliament’s oversight, weakening democracy.

Key Forums:

o   Water Conservation and Management (2005)

o   Youth (2006)

o   Global Warming (2008)

o   Disaster Management (2011)

·        Composition: Speaker of Lok Sabha – ex-officio President; 31 members (21 Lok Sabha, 10 Rajya Sabha).

Indian Parliamentary Group (IPG)

·        Establishment: 1949, promotes links with foreign parliaments.

·        Functions: Organizes delegations, goodwill missions, seminars, introduces MPs abroad.

·        Membership: Open to all current/former MPs; Speaker of Lok Sabha serves as President.

·        Affiliation: IPU (Inter-Parliamentary Union), CPA (Commonwealth Parliamentary Association).

Significance of IPG

1.      Global Dialogue: Facilitates open discussions with global parliaments.

2.      Foreign Relations: Strengthens diplomatic links, organizes international exchanges.

3.      Educational Seminars: Regular seminars on parliamentary and governance issues.

4.      Delegations: Indian MPs participate in international delegations under IPG.

• Article 105: Powers, privileges of Parliament, its members, and committees.
• Article 194: Protects privileges of state legislatures and members.

Types of Privileges

Individual Privileges

• Freedom from Arrest: 40 days before/after session, only in civil cases (not criminal or preventive detention cases).
• Freedom of Speech: No liability for anything said or voted in Parliament or its committees, subject to constitutional rules.
• Exemption from Jury Service: MPs can refuse to serve as witnesses when Parliament is in session.

Collective Privileges

·        Publishing Proceedings: Right to publish reports, debates; media can report true proceedings under the 44th Amendment (except secret sessions).

·        Secret Sessions: Right to exclude strangers and hold secret meetings.

·        Rule-making Power: Regulate business conduct, procedures, and adjudication on issues.

·        Punishment Power: Punish for privilege breach (reprimand, imprisonment, suspension, expulsion).

·        Information Rights: Immediate updates on member arrests or legal matters.

·        Inquiry Power: Summon witnesses and documents for investigations.

·        Protection of Precincts: No arrests or legal processes in the precincts without Presiding Officer’s permission.

Significance of Parliamentary Privileges

·        Independence & Autonomy: Protects Parliament from executive/judiciary interference, ensuring Separation of Powers.

·        Facilitates Open Debates: Allows MPs to speak freely without fear of litigation, promoting honest public interest discussions.

·        Enables Government Scrutiny: Protects MPs from legal consequences in exercising oversight of the executive.

·        Maintains Discipline: Helps in enforcing discipline and decorum within the House.

·        Upholds Dignity: Ensures respect for parliamentary institutions.

Historical Context & Amendments

• Original Constitution (1950): Defined basic privileges, based on the British House of Commons.
• 44th Amendment (1978): Restored press freedom to publish true parliamentary reports, unless in secret sessions.

·        Articles 52-62 cover the President’s role, election, powers, and functions.

·        Article 53: President’s powers exercised through Council of Ministers (real executive authority).

Election of the President

·        Electoral College: Includes elected members of both Houses of Parliament, State Legislative Assemblies, and Delhi & Puducherry.

·        Value of MLA’s vote: Formula based on the population of the state divided by the total elected members of the Legislative Assembly.

·        Value of MP’s vote: Total votes of MLAs divided by elected members of Parliament.

·        Voting System: Proportional representation by single transferable vote, secret ballot.

·        Age: Must be at least 35 years old.

·        Eligibility: Must qualify for membership in Lok Sabha and not hold an office of profit under Union/State government.

Term and Vacancy

·        Term: Five years; eligible for re-election.

·        Vacancy: Can occur through expiration, resignation, impeachment, death, or disqualification.

·        Successor: Vice-President acts as President during vacancy or until election of new President.

Oath of Office

·        Sworn to execute office, preserve, protect the Constitution, and serve the people of India.

Impeachment of President

·        Can be impeached for violation of the Constitution.

·        Process initiated by either House, requires 14 days’ notice, and 2/3 majority of both Houses.

Article 53: All executive actions in the name of the President.

·        Appoints Prime Minister, Council of Ministers, Governors, Judges of SC/HC, Election Commissioners, and CAG.

·        Presides over Union Territories and appoints administrators.

Legislative Powers

·        Summon/Prorogue: Can summon or dissolve Parliament; can call joint sessions.

·        Nominates: 12 Rajya Sabha members, previously 2 Lok Sabha Anglo-Indians (discontinued by 104th Amendment).

·        Ordinances: Promulgates ordinances when Parliament is not in session, valid for 6 weeks after Parliament reconvenes.

Financial Powers

·        Lays annual financial statement before Parliament.

·        Recommendation needed for money bills.

·        Contingency Fund: Can authorize advances for unforeseen expenses.

·        Appoints Chief Justice and SC/HC judges.

·        Grants Pardons: Can pardon or commute sentences, including death penalties.

Military & Diplomatic Powers

·        Supreme Commander of the Armed Forces.

·        Can declare war or peace, subject to Parliamentary approval.

·        Diplomatic: Negotiates treaties and represents India internationally.

Emergency Powers

·        Can declare National Emergency (Article 352), President’s Rule (Articles 356 & 365), and Financial Emergency (Article 360).

Veto Powers

·        Absolute Veto: Withholds assent.

·        Suspensive Veto: Returns bills for reconsideration (not for Money Bills).

·        Pocket Veto: Delays assent indefinitely (no time limit).

Salary & Allowances

·        Current Salary: ₹5 lakh/month (since 2018).

·        Pension: 50% of salary after retirement.

·        Additional privileges for residence, travel, medical, secretarial staff.

Constitutional Amendments on Presidential Powers

·        42nd Amendment (1976): Bound by Council of Ministers’ advice.

·        44th Amendment (1978): May return advice for reconsideration, but must accept after reconsideration.

Notable Articles of the Constitution Regarding the President

·        Article 52: Establishes office of the President.

·        Article 54: Electoral College structure.

·        Article 56: Presidential term.

·        Article 61: Impeachment procedure.

·        Article 123: Ordinance-making power.

Miscellaneous

·        Jammu & Kashmir: Presidential election changes after bifurcation into Union Territories in 2019.

·        2018 Salary Increase: Increased to ₹5 lakh per month, pension for retired Presidents 50% of salary.

·        Acts as the President if the President is unable to perform duties due to death, resignation, or impeachment.

·        Ex-officio Chairman of the Rajya Sabha (Upper House of Parliament).

Term and Vacancy

·        Term: 5 years, eligible for re-election.

·        Vacancy can arise due to expiry of tenure, resignation, removal, or death.

·        If office becomes vacant, election must be held as soon as possible (within six months for the President).

Removal

·        Removed by a resolution passed by Rajya Sabha (Effective Majority) and agreed to by Lok Sabha (Simple Majority).

·        Requires 14 days’ notice for the resolution in Rajya Sabha.

o   Includes – elected and nominated members of Parliament.

o   Excludes – state legislative assemblies (unlike the Presidential election).

·        Elected through proportional representation using the single transferable vote with secret ballot.

·        Supreme Court decides disputes concerning the election of the Vice President.

2.      35 years of age or above.

3.      Qualified for election to the Rajya Sabha.

4.      No office of profit under Union, state, or local authorities.

Oath or Affirmation

·        Swears to uphold faith in the Constitution and discharge duties faithfully.

·        Oath administered by the President or appointed representative.

Vice President as Rajya Sabha Chairman

·        Presides over Rajya Sabha sessions, ensures rules are followed.

·        Votes in case of a tie.

·        Appoints Chairman and members of Rajya Sabha committees.

·        Motion to remove judges of Supreme Court or High Court considered by the Chairman.

·       Presides over Rajya Sabha sessions, maintains order, appoints committee chairpersons.

·       Votes only in the case of a tie.

Acts as President if a vacancy occurs (resignation, impeachment, death).

·       Can act as President for a maximum of 6 months, until a new President is elected.

Cannot perform duties of Rajya Sabha Chairman while acting as President.

Constitutional Provisions

·        Article 63: Establishes the office of the Vice President.

·        Article 64: Vice President as Chairman of Rajya Sabha.

·        Article 65: Acts as President during vacancy or absence.

·        Article 66: Election process through members of both Houses of Parliament.

·        Article 67: Term of office for five years.

·        Article 68: Provisions for vacancy and election timing.

·        Article 69: Oath of office.

·        Article 71: Addresses election disputes related to the President or Vice President.

·        Appointed by the President.

·        Chief spokesperson of government policies.

·        Article 74(1): Council of Ministers with PM at the head to aid and advise the President.

·        Article 75: PM and Council of Ministers appointed by the President.

Appointment

·        President appoints PM as per parliamentary conventions.

·        If no clear majority, President may exercise discretion to appoint PM and request a vote of confidence.

·        Must become a member of Parliament within 6 months of appointment.

Oath, Term, and Salary

·        Oath of office: Administered by the President.

o   Allegiance to the Constitution, uphold sovereignty, discharge duties faithfully, and without fear or favor.

·        Term: Not fixed, holds office as long as enjoys the confidence of Lok Sabha.

·        Salary and perks decided by Parliament, includes MP compensation and extra allowances.

Powers of the Prime Minister

1.      Executive Powers:

·       Head of Union Council of Ministers.

·       Presides over cabinet meetings.

·       Coordinates ministries.

2.      Legislative Powers:

·       Can participate in Lok Sabha or Rajya Sabha proceedings.

·       Advises on parliament sessions and dissolution of Lok Sabha.

3.      Diplomatic Powers:

·       Represents India internationally.

·       Conducts foreign negotiations.

4.      Emergency Powers:

·       Advises President on measures during national emergency.

5.      Appointment Powers:

·       Advises on appointments to key positions like Governors, CEC, CAG, and Attorney General.

6.      Financial Powers:

·       Oversees the country’s economic policies.

·       Ensures the passage of the annual budget.

·       Recommends ministers’ appointments to the President.

·       Assigns/reassigns portfolios.

·       Can request resignation or dismissal of ministers.

·       Presides over council meetings.

2.       With the President:

·       Primary communication link between President and Council of Ministers.

·       Advises on appointments like Attorney General, CAG, and UPSC Chairman.

3.       In Parliament:

·       Advises President on summoning/dissolving parliament sessions.

·       Recommends dissolution of Lok Sabha.

·       Announces government policies in the House.

4.       Other Functions:

·       Chairman of NITI Aayog, National Integration Council, etc.

·       Shapes foreign policy.

·       Crisis manager during emergencies.

·       Political head of the services.

Prime Minister’s Office (PMO)

• Advisory and administrative body assisting PM in governance.
• Headed by Principal Secretary.
• Coordinates various ministries and departments.
• Oversees key agencies:

o   Department of Atomic Energy.

o   Department of Space.

o   National Security Council.

Constitutional Provisions

·        91st Constitutional Amendment Act 2003: Total number of ministers, including the PM, should not exceed 15% of Lok Sabha’s strength.

Divided into:

o   Cabinet Ministers: Head ministries like Home, Defence, and Finance.

o   Ministers of State: May have independent charge or assist cabinet ministers.

o   Deputy Ministers: Assist cabinet ministers and ministers of state.

o   Deputy Prime Minister: Appointed for political reasons (optional).

o   Parliamentary Secretaries: Assist senior ministers, though largely phased out since 1967.

Cabinet

·        Added to Article 352 by 44th Constitutional Amendment (1978).

·        Not originally in the Constitution, but based on British conventions.

·        “Cabinet” refers to PM and Cabinet Ministers only.

·        Salary: Determined by Parliament, includes pay, sumptuary allowances, free accommodation, travel, and medical facilities.

Responsibilities

1.      Collective Responsibility (Article 75):

·       COM is collectively responsible to Lok Sabha.

·       If no confidence motion passes, the entire COM must resign.

·       All ministers bound by Cabinet decisions, even if they disagree.

2.      Individual Responsibility:

·       Ministers serve at the pleasure of the President, but removal is on PM’s advice.

·       PM can request resignation or recommend removal.

Significance

• Policy-making: Sets government priorities.
• Implementation: Ensures execution of policies.
• Leadership: PM leads the Council in guiding the government.
• Accountability: COM is accountable to Parliament.

Kitchen Cabinet

• Informal body of PM and a few close colleagues (e.g., Indira Gandhi’s “Kitchen Cabinet”).
• Advises on political/administrative decisions.

Constitutional Provisions

Cabinet Committees

• Extra-constitutional, established under the Rules of Business.
• Types:

o   Standing: Permanent, e.g., Appointments Committee.

o   Ad hoc: Temporary, for specific issues.

• Purpose: Reduce Cabinet workload, ensure policy coordination

Classification

Role of Cabinet Committees

• Organizational devices to reduce Cabinet workload.
• Facilitate in-depth examination of policies.
• Four major committees:

o   Political Affairs Committee: Domestic/foreign policy.

o   Economic Affairs Committee: Economic policies.

o   Appointments Committee: High-level appointments.

o   Parliamentary Affairs Committee: Progress of government business in Parliament.

Groups of Ministers (GoMs)

• Ad hoc bodies constituted for specific issues.
• Some GoMs can take decisions on behalf of the Cabinet, while others recommend to the Cabinet.
• Ministers from relevant ministries are included in GoMs.

·        Article 155: Governor appointed by the President.

·        Article 156: Governor holds office at the President’s pleasure for a 5-year term.

·        Article 157 & 158: Eligibility criteria for Governor:

o   Citizen of India, minimum age 35, not an MP or MLA, no office of profit.

·        Article 200 & 201: Governor’s role in state bills: assent, return, or reserve for President’s consideration.

Functioning and Challenges

·       Governors are seen as central government agents, creating friction with state governments.

·       Nabam Rebia Case (2016): Supreme Court ruled Governor’s discretionary powers must be reasonable.

·       Rajamannar Committee (1971): Emphasized the need for Governors to not act as central agents.

·       Appoints Chief Minister, Tribal Welfare Minister (Chhattisgarh, Jharkhand, Madhya Pradesh, Odisha), Advocate General, and State Public Service Commission members.

·       Responsible for appointing Vice-Chancellors and State Election Commissioner.

·       Recommends President’s Rule (Article 356).

Legislative Powers:

·       Can prorogue and dissolve state legislature, addresses the legislature at the start of every session.

·       Nominates 1/6th members of the legislative council (from fields like literature, science, social service) and 1 member from the Anglo-Indian community in the legislative assembly (until 104th Amendment, 2019).

·       Assent, withhold, or reserve bills for the President’s consideration.

·       Promulgates ordinances when the legislature is not in session.

Financial Powers:

·       Oversees the state budget presentation.

·       Can recommend money bills and demand for grants.

·       Manages the Contingency Fund of the State.

·       Constitutes State Finance Commission every five years.

Judicial Powers:

·       Power to pardon, reprieve, commute sentences (except death penalty).

·       Consults with the President for appointing High Court judges.

Discretionary Powers

·       Constitutional Discretion:

• • Reserve bills for President, recommend President’s Rule, appoint Chief Minister when no majority exists, dissolve assembly (Articles 200, 356, 161, 174).
• Situational Discretion:
  • Majority proof in the assembly, delay/withhold assent, report to President.

• Article 164: Chief Minister appointed by the Governor, leader of the majority party in the assembly.
• If not an MLA/MLC, must be elected within 6 months.
• Holds office during Governor’s pleasure but cannot be dismissed unless losing assembly support.
• Vote of no confidence: Assembly can remove CM.

Powers and Functions

• Council of Ministers:
  • Recommends ministers to Governor, allocates portfolios, and can collapse the council by resigning.
• Governor Relations:
  • Acts as a link between Governor and Council of Ministers, advises on key appointments (e.g., Advocate General).
• Legislature:
  • Announces policies, recommends dissolution of assembly.
• Additional Functions:
  • Chair of State Planning Board, member of Inter-State Council and NITI Aayog, political head, chief crisis manager.

• Article 163: Aids and advises Governor except in discretionary matters.
• Article 164: Chief Minister appointed by Governor, other ministers on CM’s advice.
• Article 166: All state government actions carried out in the name of the Governor.

Responsibilities

• Collective responsibility to State Legislative Assembly.
• Ministerial Removal: If not elected to legislature within six months, ceases to be a minister.

·        Legislative Assembly (Vidhan Sabha) members elected by universal adult suffrage.

·        Legislative Council (Vidhan Parishad) members elected indirectly.

Legislative Strength

• Assembly: Maximum 500, minimum 60 members.
• Council: 1/3rd of Assembly’s strength, minimum 40 members.

Legislative Council Creation/Abolition (Article 169)

• Parliament can create or abolish councils on state assembly’s resolution passed by special majority.

104th Constitutional Amendment Act, 2019

• Discontinued nomination of Anglo-Indians to legislative assemblies.

Legislative Council Members:

1. 1/3 elected by local bodies.
2. 1/3 by Assembly members.
3. 1/12 by graduates.
4. 1/12 by teachers.
5. 1/6 nominated by Governor (eminent personalities).

State Legislative Assembly

• Direct elections; members responsible for passing laws and electing the government.
• Term: 5 years; can be dissolved by Governor or during a national emergency.

Reservation for SCs/STs

• SC/ST seat reservations extended until 2030 (104th Amendment Act).
• Seats reserved based on 2001 census.

Women’s Reservation (128th Amendment, 2023)

• 1/3rd seats reserved for women in state legislatures (Article 332A).
• Reservations apply for 15 years after delimitation.

·        Exclusive authority to make laws on State List subjects and Concurrent List (shared with Union).

Financial Role

·        Controls state finances, approves budget, and levies taxes.

Executive Control

·        Exercises control over executive through questions, motions, and no-confidence motions.

Electoral Role

·        Elects President of India, Rajya Sabha members, and 1/3rd of Legislative Council.

Constitutional Amendments

·        State ratification required for certain constitutional amendments.

Sessions and Summoning (Article 174)

·        Governor summons House; maximum 6-month gap between sessions.

Dissolution of Assembly

·        Can be dissolved upon expiry of term or by Governor’s advice from CM.

Quorum

·        Minimum quorum is 10% of members.

Privileges of State Legislature

·        Individual: Freedom of speech, immunity from arrest.

·        Collective: Power to exclude outsiders, publish reports, reprimand outsiders for contempt.

Anti-Defection Law

·        Disqualifies members for:

o   Voluntarily leaving party.

o   Voting against party whip.

o   Joining parties as independent/nominated members after six months.

Vacancy of Seats

·        Occurs due to dual membership, disqualification, resignation, or absence for 60 days.

Oath and Affirmation

·        Administered by Governor before members take office.

1. Ordinary Bills: Introduction and passage (except Money Bills).
2. Approval of Ordinances: Promulgated by the Governor.
3. Ministerial Selection: Ministers, including Chief Ministers, can be from the Council.
4. Reports Consideration: On constitutional bodies like State Finance Commission, State Public Service Commission, CAG.
5. Jurisdiction Extension: Of State Public Service Commission.

Unequal Powers with Legislative Assembly

1. Money Bills: Cannot be introduced in the Council; cannot reject or amend them; Speaker certifies a bill as Money Bill.
2. Budget: Can only discuss provisions, not vote on grants.
3. Ordinary Bills: Council can delay the bill for 4 months, but Assembly’s decision is final.
4. No-confidence Motion: Cannot introduce; CoM is responsible to the Assembly.
5. Election of President/Rajya Sabha: No participation.
6. Constitutional Amendments: No role in ratification.
7. Council Existence: Dependent on Assembly; resolution can abolish/create it.

Comparison with Rajya Sabha

• Rajya Sabha holds equal powers with Lok Sabha in case of ordinary bills, while the Legislative Council has restricted powers.
• Joint Session in Parliament for disagreements; no such provision for state legislature.
• Rajya Sabha represents states in a federal setup; Legislative Council has no such significance.

1.      Speaker:

o   Elected from Assembly members.

o   Office tenure lasts until the Assembly’s dissolution.

o   Can be removed by majority resolution with 14 days’ notice.

o   Casting vote in case of tie.

o   Maintains order, regulates proceedings, adjourns the House.

o   Decides on Money Bills.

o   Handles disqualification under 10th Schedule (anti-defection).

2.      Deputy Speaker:

o   Elected by Assembly members.

o   Acts as Speaker when the Speaker is absent or office is vacant.

o   Panel of Chairpersons can preside if both are absent.

Legislative Council

1.      Chairman:

o   Elected from Council members.

o   Powers similar to the Assembly Speaker.

o   Presides over meetings, maintains discipline.

2.      Deputy Chairman:

o   Elected by Council members.

o   Acts as Chairman in absence.

o   Panel of Vice-Chairmen to preside if both absent.

Speaker Autonomy:

• Anti-defection powers under Schedule 10 should be transferred to the Election Commission.
• Should resign from party post-appointment (British practice).
• Suggestions for uncontested constituency, second tenure, and no post-retirement political appointments for Speakers.

·        10 members or 1/10th of total members, whichever is greater.

·        Adjourn/suspend meeting if quorum not met.

Lapsing of Bills on Assembly Dissolution

1.      Pending Bills in Assembly: Lapse.

2.      Passed by Assembly, pending in Council: Lapses.

3.      Pending in Council (not passed by Assembly): No lapse.

4.      Passed Bills pending Governor/President assent: No lapse.

5.      Returned Bills by President for reconsideration: No lapse.

Language in State Legislature

·        Official language(s), Hindi, or English used.

·        Presiding officer may permit mother-tongue.

·        English can be discontinued post 15 years from Constitution’s commencement (special cases: 25 or 40 years for certain states).

·        Definition: The judiciary is the system of courts that interprets, defends, and enforces laws for the state. It resolves disputes and upholds justice.

·        Function: The judiciary interprets law, applies it to individual cases, and does not create or enforce laws (which is the function of the legislature and executive, respectively).

·        Judicial Review: Courts can invalidate state laws, regulations, or executive actions if they conflict with constitutional provisions, treaties, or international law.

Concept of Justice

·        Elements of Justice: Includes morality, rationality, law, natural law, religion, equity, fairness, and administration of the law.

·        Rights: Emphasizes inalienable rights of individuals and equal protection under the law for civil rights.

·        Contemporary Views: Focus on justice being central to fairness and legal equity.

Indian Judiciary

Supreme Court:

·       Established: January 26, 1950, when India’s Constitution came into effect. Officially inaugurated on January 28, 1950.

·       Constitutional Basis: Article 124 of the Indian Constitution.

·       Seat: Located in Delhi; alternative locations can be set up by the Chief Justice of India with Presidential approval.

·       Highest Judicial Authority: The Supreme Court has the final authority on constitutional interpretation and legal disputes.

·        Articles 124 to 147: Part V of the Constitution covers the organization, independence, jurisdiction, powers, and procedures of the Supreme Court.

·        Parliament’s Authority: Parliament regulates the structure and functioning of the Supreme Court, including the number of judges.

·        Initial Structure: The original 1950 Constitution envisioned a Chief Justice of India (CJI) and seven puisne judges.

·        Supreme Court (Number of Judges) Act, 1956: Parliament can increase the number of judges.

·        Current Structure: In 2019, the Court reached its current strength of 34 judges, including the CJI.

Number of Judges

·        Growth Over Time:

·       1950: 8 judges (CJI + 7 judges)

·       1956: 11 judges

·       1960: 14 judges

·       1978: 18 judges

·       1986: 26 judges

·       2009: 31 judges

·       2019: 34 judges

·        Benches: Judges usually sit in benches of 2 or 3, but larger benches of 5 or more are formed for resolving significant differences or controversies.

Qualifications for Supreme Court Judges

·        Must be a citizen of India.

·        Should have been a Judge of a High Court (or of two or more in succession) for at least 5 years.

·        Should have been an Advocate in a High Court (or two or more in succession) for at least 10 years.

·        Can be a distinguished jurist in the opinion of the President.

Independence of Judges

·        Judges can only be removed by Presidential order after an address in both Houses of Parliament:

·       Majority support of total membership.

·       Two-thirds of members present and voting.

·       Based on proven misbehavior or incapacity.

·        Former Judges: Prohibited from practicing in any court or authority in India after retirement.

Appointment of Judges—Article 124(2)

·        Appointment: Judges are appointed by the President, following consultation with the CJI and other senior judges of the Supreme Court or High Courts as necessary.

·        Tenure: Judges hold office until the age of 65 but can resign by writing to the President.

·        Removal: Judges can only be removed by the President based on Parliamentary recommendation.

1.      S.P. Gupta Case (First Judges Case):

·       “Consultation” vs. “Concurrence”: Supreme Court ruled that the word “consultation” in Article 124 did not mean “concurrence”; President not bound by SC advice.

·       Judge Transfer: High Court judges could be transferred without consent.

2.      Second Judges Case:

·       “Consultation = Concurrence”: Overruled First Judges Case; President bound by CJI’s recommendation.

·       Collegium System Introduced: Appointment process involved CJI and senior SC judges.

3.      Third Judges Case:

·       Expanded Collegium: Clarified “consultation” in Articles 124, 217, and 222; Collegium to include CJI and 4 senior-most SC judges.

·       Disagreement Rule: If two judges disagreed, CJI wouldn’t recommend the candidate.

Collegium System:

·        Evolved through SC judgments, not by Parliamentary Act.

·        Judges appoint and transfer themselves.

99th Constitutional Amendment and NJAC

·        NJAC Structure: Chief Justice, 2 SC judges, Law Minister, and 2 eminent persons (nominated by a panel of PM, CJI, and Leader of Opposition).

·        Objection Rule: Any two members could block a candidate.

·        Struck Down: Supreme Court rejected NJAC in 2015 (Fourth Judges Case) and reinstated the Collegium.

Memorandum of Procedure (MoP)

·        Evolved Process: Originated from First, Second, and Third Judges Cases.

·        Recommendations: Starts with High Court Collegium, moves to central government for input (including IB).

·        Government Role: Can return names with objections; SC collegium can accept or reiterate.

·        Binding: If collegium reiterates, government must appoint.

·        No Timeframe: Government not bound by time limit for action.

Oath or Affirmation

·        Sworn by Judges: Before President or designated person.

Key Points:

·       True faith in the Constitution.

·       Uphold sovereignty and integrity.

·       Perform duties impartially.

Removal of Supreme Court Judges

·        Impeachment: Requires a special majority in both Houses of Parliament.

·        Grounds: Proven misbehavior or incapacity.

·        Judges Enquiry Act (1968): Regulates removal process.

·        Notable Cases: Justice V. Ramaswami and Justice Dipak Misra faced impeachment motions, but none were removed.

·        Appointment by President: When:

o   Office of Chief Justice of India (CJI) is vacant.

o   CJI is temporarily absent.

o   CJI is unable to perform duties.

Ad Hoc Judges in Supreme Court (Article 127)

·        Appointment by CJI: If quorum of permanent judges is lacking, a High Court judge can be appointed as an ad hoc Supreme Court judge.

·        Consent Required: President’s prior consent and consultation with the Chief Justice of the concerned High Court are mandatory.

·        Powers and Privileges: Ad hoc judges enjoy the same jurisdiction, powers, and privileges as regular Supreme Court judges.

Role of Retired Judges in Supreme Court (Article 128)

·        Temporary Appointment: CJI may request a retired Supreme Court or High Court judge (qualified for Supreme Court) to act as a judge temporarily.

·        Conditions: Requires consent from both the President and the judge.

·        Allowances: Determined by the President.

Jurisdiction and Powers of Supreme Court

Original Jurisdiction:

o   Federal Court: Resolves disputes between:

§  Centre and one or more states.

§  Centre and states on one side vs. one or more states on the other.

§  Two or more states.

o   Exclusivity: This jurisdiction is exclusive and does not include:

§  Pre-Constitution treaties.

§  Agreements excluding Supreme Court jurisdiction.

§  Inter-state water disputes.

§  Matters referred to Finance Commission.

§  Certain financial adjustments between Centre and states.

§  Commercial disputes.

§  Recovery of damages by a state against the Centre

·        Hierarchy: Below the Supreme Court, each state typically has a High Court. Parliament can declare a common High Court for two or more states.

·        Jurisdiction: Territorial jurisdiction aligns with the state’s boundaries.

·        Judges: The number of judges is determined by the President, not Parliament.

Appointment of Judges

·        Appointing Authority: High Court judges are appointed by the President.

·        Consultation:

o   Chief Justice of a High Court is appointed after consultation with the CJI and State Governor.

o   Other judges are appointed in consultation with a Collegium of Senior SC judges.

Qualifications and Tenure of Judges

·        Qualifications:

o   Must be a citizen of India.

o   Have 10 years of judicial or advocacy experience.

·        Retirement: Judges retire at 62 years. They may resign by writing to the President.

·        Removal: Can be removed by the President based on Parliament’s recommendation.

·        Salaries and Allowances: Fixed by Parliament, cannot be reduced.

Transfer and Additional Judges

·        Transfer: Judges can be transferred by the President after consultation with the CJI.

·        Additional Judges: Appointed for up to two years to handle backlogs.

Independence of High Courts

·        Safeguards:

·       Mode of Appointment.

·       Security of Tenure.

·       Fixed Service Conditions.

·       Expenses charged on the Consolidated Fund.

·       Prohibition on discussing judges’ conduct in Parliament.

·       Ban on practice after retirement.

·       Contempt Power: Authority to punish for contempt.

·       Staff Appointment: Freedom to appoint staff.

·       Unalterable Jurisdiction.

Jurisdiction and Powers of High Courts

1.      Original Jurisdiction:

·       Can issue writs to enforce Fundamental Rights and other legal rights.

2.      Appellate Jurisdiction:

·       Hears appeals in civil and criminal cases from lower courts.

3.      Superintendence:

·       Power over all courts and tribunals in the state, except those handling armed forces matters.

·        Includes High Court and subordinate courts, which operate under the High Court’s jurisdiction at district and lower levels.

Establishment and Variation:

·        State Governments establish subordinate courts through legislation, leading to variations in nomenclature and designations across states.

·        Organizational structure remains largely uniform nationwide.

Types of Subordinate Courts:

1.      Civil Courts:

·       District Judge’s Court: The highest civil court in a district.

·       Subordinate Civil Courts: Include Sub Judges, Munsifs, and Small Causes Courts, handling lower-value disputes.

·       Family Courts: Specialized in family matters like divorce, custody, and maintenance.

2.      Criminal Courts:

·       Sessions Court: Highest criminal court in a district, headed by the District and Sessions Judge.

·       Subordinate Criminal Courts: Include Additional Sessions Judges, Assistant Sessions Judges, and Magistrates (First, Second, and Third Class).

·       Metropolitan Magistrates: In cities like Delhi, Mumbai, Kolkata, and Chennai, handle criminal offenses like theft, assault, and murder. Death penalties require High Court confirmation.

3.      Revenue Courts:

·       Board of Revenue: The highest revenue court.

·       Subordinate Revenue Courts: Include Commissioners, Collectors, Tehsildars, and Assistant Tehsildars, managing land revenue disputes.

·       Tehsildar’s Court: First point for land disputes, with appeals going to the Collector’s Court, Commissioner’s Court, and finally the Board of Revenue.

Key Functions of Subordinate Courts:

·        Civil Courts: Handle property disputes, contracts, and family matters.

·        Criminal Courts: Ensure criminal law enforcement and deliver appropriate punishments.

·        Revenue Courts: Manage disputes involving land ownership and taxation.

Civil Courts:

1.      Court of the District Judge:

·       Highest civil court in a district.

·       Handles both civil and criminal cases as the District and Sessions Judge.

2.      Subordinate Civil Courts:

·       Include Sub Judges, Munsifs, and Small Causes Courts.

·       Deal with lesser civil disputes.

3.      Family Courts:

·       Established to handle family disputes like divorce, child custody, and maintenance cases.

Criminal Courts:

1.      Sessions Court:

·       Highest criminal court in a district.

·       Presided over by the District and Sessions Judge.

2.      Magistrate Courts:

·       Categorized into First Class, Second Class, and Third Class Magistrates based on powers and responsibilities.

3.      Metropolitan Magistrates:

·       Present in major cities like Delhi, Kolkata, Mumbai, and Chennai.

4.      Criminal Cases:

·       Include serious crimes like theft, rape, murder, and arson.

·       Punishments can range from fines to imprisonment or death penalty (subject to confirmation by the High Court).

Revenue Courts:

1.      Board of Revenue:

o   Highest revenue court dealing with land revenue disputes.

2.      Lower Revenue Courts:

o   Include Commissioners, Collectors, Tehsildars, and Assistant Tehsildars.

o   Handle disputes related to land ownership and taxation.

Constitutional Provisions

·        Article 39A: Ensures free legal aid for the poor and weaker sections.

·        Articles 14 and 22(1): Mandate equality before the law and access to legal aid.

Legal Services Authorities Act, 1987

·        Enacted: 1987; effective from: 9th November 1995.

·        Objective: Establish a network to provide free legal services and ensure equal justice for all.

Structure of NALSA

1.      National Legal Services Authority (NALSA): Monitors and evaluates legal aid programs.

2.      State Legal Services Authorities: Implement policies at the state level.

3.      High Court Legal Services Committees: Oversee legal aid at High Court level.

4.      District Legal Services Authorities: Operate at the district level, conducting Lok Adalats.

5.      Taluk Legal Services Committees: Operate at the sub-district (Taluk) level.

Functions of NALSA

·        Policy Formulation: Create principles for efficient legal services.

·        Legal Aid: Provide free legal representation.

·        Lok Adalats: Organize alternative dispute resolution.

·        Legal Awareness: Conduct awareness programs, particularly in rural areas.

Free Legal Services Offered

·        Court fees, legal representation, obtaining legal documents, and preparing appeals.

Eligibility for Free Legal Services

1.      Women and children.

2.      SC/ST members.

3.      Industrial workers.

4.      Victims of disasters.

5.      Disabled persons.

6.      Persons in custody.

7.      Individuals earning below Rs. 1 lakh (Rs 1.25 lakh for Supreme Court cases).

8.      Victims of human trafficking or beggars.

Lok Adalats

·        First Lok Adalat: 1982 in Gujarat.

·        Statutory Status: Legal Services Authorities Act, 1987.

·        Objective: Provide quick, amicable dispute resolution.

Features of Lok Adalats

·        Flexible Procedures: Not bound by formal laws.

·        Direct Interaction: Parties engage directly with the judge.

·        Binding Awards: Decisions are final; no appeals allowed.

·        Cost-Efficient: Faster and cheaper than regular courts.

Permanent Lok Adalats

·        Amendment 2002: Established to handle public utility service disputes.

·        Jurisdiction: Pre-litigation cases, binding awards.

Family Courts

·        Family Courts Act, 1984: Special courts for family disputes.

·        Objective: Promote settlement and quick resolution in marriage and family cases.

Gram Nyayalayas

·        Gram Nyayalayas Act, 2008: Village courts for rural justice.

·        Nyayadhikari: Functions with First Class Judicial Magistrate powers.

·        Mobile Courts: Bring justice to rural populations.

Key Benefits

·        Flexibility in Evidence: Can accept less formal evidence.

·        Accessibility: Mobile courts provide easy access to rural justice.

1.      Habeas Corpus:

o   Purpose: Directs the release of a person unlawfully detained.

o   Issued Against: Public authorities, private individuals.

o   Cannot be Issued: For lawful detention, contempt of court/legislature cases, or detention outside the court’s jurisdiction.

2.      Mandamus:

o   Purpose: Directs a public authority to perform its duty.

o   Issued Against: Public bodies, corporations, inferior courts, tribunals, government.

o   Cannot be Issued: Against private individuals, a discretionary duty, contractual obligations, or the President, Governor, CJI, or CJ of High Court in judicial capacity.

3.      Quo Warranto:

o   Purpose: Directs a person to vacate a public office wrongfully assumed.

o   Issued Against: Judicial/quasi-judicial authorities.

o   Cannot be Issued: Against administrative, legislative bodies, or private individuals.

4.      Prohibition:

o   Purpose: Prevents a lower court from continuing with a case.

o   Issued Against: Judicial, quasi-judicial, and administrative authorities.

o   Cannot be Issued: Against legislative bodies and private individuals.

5.      Certiorari:

o   Purpose: A higher court moves a case from a lower court to itself for review.

o   Issued Against: Statutory or constitutional public offices.

o   Cannot be Issued: Against ministerial or private offices.

Writ Jurisdiction

• Supreme Court: Not exclusive; High Courts also empowered to issue writs.
• Objective: Enforce Fundamental Rights.
• Direct Access: Citizens can approach either Supreme Court or High Court when rights are violated.

Appellate Jurisdiction

The Supreme Court functions as a court of appeal, hearing cases from lower courts under four categories:

1. Constitutional Matters: Appeals related to the Constitution.
2. Civil Matters: Appeals involving civil disputes.
3. Criminal Matters: Appeals related to criminal cases.
4. Special Leave Appeals: Appeals through special permission (Article 136).

Advisory Jurisdiction (Article 143)

• President can seek the Supreme Court’s opinion on:
  • Questions of law or fact of public importance.
  • Pre-Constitution treaties or agreements.
• Nature: Opinions are advisory, not binding judicial decisions.

Court of Record

• Judgments recorded for perpetuity: Acts and judgments serve as legal precedents.
• Contempt Power: Can punish for contempt with imprisonment up to six months, a fine up to ₹2,000, or both.

Judicial Review enables the Supreme Court to determine the constitutionality of legislative acts and executive orders. If these violate the Constitution, they can be declared invalid. Key Articles supporting Judicial Review include:

1. Article 13: Declares laws inconsistent with Fundamental Rights null and void.
2. Article 32: Provides the right to approach the Supreme Court for enforcing Fundamental Rights.
3. Article 131: Grants original jurisdiction in Center-State and Inter-State disputes.
4. Articles 132, 133, 134: Provide appellate jurisdiction in constitutional, civil, and criminal cases respectively.
5. Article 135: Empowers the Court to exercise pre-constitution law jurisdiction.
6. Article 136: Allows the Supreme Court to grant special leave to appeal from any court or tribunal.
7. Article 142: Enables the Court to pass decrees for complete justice.
8. Article 143: Authorizes the President to seek the Court’s opinion on legal matters.

Judicial Review of the Ninth Schedule

• Ninth Schedule: Introduced by the First Amendment (1951), protects certain central and state laws from judicial scrutiny.
• Article 31B shields these laws, but the Supreme Court has ruled that even these laws are subject to judicial review if they violate Fundamental Rights or the basic structure of the Constitution.

Constitutional Interpretation

The Supreme Court employs several doctrines for constitutional interpretation:

1. Doctrine of Severability: Invalid provisions can be severed from valid ones.
2. Doctrine of Waiver: Citizens can waive certain rights but not Fundamental Rights.
3. Doctrine of Eclipse: Laws inconsistent with Fundamental Rights become inoperative but not void.
4. Doctrine of Territorial Nexus: Laws are valid only within their territorial application.
5. Doctrine of Pith and Substance: Determines the true nature of a law beyond its form.
6. Doctrine of Colourable Legislation: Prevents the legislature from doing indirectly what it cannot do directly.
7. Doctrine of Implied Powers: Powers not explicitly mentioned are implied for effective governance.
8. Doctrine of Incidental and Ancillary Powers: Allows laws necessary to enforce express powers.
9. Doctrine of Precedent: Judicial decisions set precedents for future cases.
10. Doctrine of Occupied Field: Central laws prevail over state laws in case of conflict.
11. Doctrine of Prospective Overruling: Laws declared unconstitutional only affect future cases, not past actions.
12. Doctrine of Harmonious Construction: Resolves conflicts between laws to uphold their coexistence.
13. Doctrine of Liberal Interpretation: Expands interpretation to align with constitutional objectives.

Comparison of the Indian and American Supreme Courts

Supreme Court of India

·        Original Jurisdiction: Confined to federal cases.

·        Appellate Jurisdiction: Covers constitutional, civil, and criminal cases.

·        Plenary Power: Has wide discretion to grant special leave in any matter except military cases.

·        Advisory Jurisdiction: Yes, the Supreme Court has the power to offer advice.

·        Judicial Review: Scope of judicial review is limited.

·        Jurisdiction Enlargement: Can be enlarged by Parliament.

·        Citizen Rights: Defends rights according to procedure established by law.

·        Judicial Superintendence: Has power of judicial superintendence over state High Courts due to the integrated judicial system.

American Supreme Court

·        Original Jurisdiction: Extends to federal cases and also includes cases related to naval forces, maritime activities, ambassadors, etc.

·        Appellate Jurisdiction: Confined to constitutional cases only.

·        Plenary Power: Lacks such discretionary powers as the Indian Supreme Court.

·        Advisory Jurisdiction: None.

·        Judicial Review: Very wide scope for judicial review.

·        Jurisdiction Enlargement: Jurisdiction and powers are limited to what is conferred by the Constitution.

·        Citizen Rights: Defends rights according to the due process of law.

·        Judicial Superintendence: Lacks such power due to a double (separated) judicial system.

·        Definition: Judiciary plays a proactive role in enforcing citizens’ rights, contrasting with “judicial restraint,” which advocates limited intervention.

·        Origin: Introduced in USA (1960s), India (1980s) by Justice R. Krishna Iyer and Justice P.N. Bhagwati.

·        Relation to PIL: Public Interest Litigation (PIL) emerged as a tool of judicial activism.

Public Interest Litigation (PIL)

·        Definition: Allows courts to hear petitions from public-spirited citizens on behalf of others.

·        Articles Involved: Articles 32 (Supreme Court) and 226 (High Courts).

·        Locus Standi Rule: Relaxed to allow PIL.

·        Key Examples: Ganga Action Plan, Vishakha Guidelines, Environmental Pollution Control, Section 66A of IT Act.

Judicial Restraint

·        Definition: Judges limit their role to interpreting laws, leaving lawmaking to the legislature and executive.

·        Opposition to Judicial Overreach: Advocates for the original intent of law framers.

Constitutional and Legal Provisions

·        Original Constitution: No mention of tribunals.

·        42nd Amendment Act (1976): Added Part XIV-A, which introduced tribunals through Articles 323A and 323B.

Articles Related to Tribunals

1.      Article 323A (Administrative Tribunals):

o   Empowers Parliament to create administrative tribunals for disputes related to recruitment and service conditions of persons in public services.

o   Covers the Centre, states, local bodies, public corporations, and other public authorities.

2.      Article 323B (Other Tribunals):

o   Allows Parliament and state legislatures to set up tribunals on matters such as:

§  Industrial and labor disputes.

§  Foreign exchange and trade.

§  Land reforms.

§  Ceiling on urban property.

§  Elections to Parliament and state legislatures.

§  Rent and tenancy rights.

Administrative Tribunals Act, 1985

·        Enacted under Article 323A.

·        Empowers the Central government to establish:

o   Central Administrative Tribunal (CAT).

o   State-level Administrative Tribunals.

·        Aim: Provide speedy and cost-effective justice to public servants with grievances related to service conditions.

Key Points:

·        Tribunals provide specialized dispute resolution outside the regular court system.

·        42nd Amendment and Administrative Tribunals Act are key to their establishment.

·        Their jurisdiction includes public service recruitment, industrial disputes, and election-related matters.

·        Aim: Faster, efficient, and cost-effective justice for specific legal disputes.

·       Jurisdiction: CAT has original jurisdiction over recruitment and service matters of:

§  All-India services.

§  Central civil services.

§  Civil posts under the Centre.

§  Civilian employees of defense services.

·       Appointments: The President of India appoints the chairman and members after consulting the Chief Justice of India.

2.      State Administrative Tribunals (SATs)

·       Jurisdiction: SATs handle recruitment and service matters of state government employees.

·       Appointments: The President appoints the chairman and members after consulting the Governor of the concerned state.

·       Establishment: SATs are established by the Central government based on a specific request from state governments under the Administrative Tribunals Act, 1985.

3.      Joint Administrative Tribunal (JAT)

·       Jurisdiction: JATs are set up for two or more states and exercise powers similar to SATs.

·       Appointments: The President appoints the chairman and members after consulting the Governors of the concerned states.

Key Points:

·        Administrative Tribunals provide speedy resolution of recruitment and service disputes for public servants.

·        Appointments are made by the President in consultation with key authorities like the CJI and state Governors.

·        Jurisdiction varies between Central and State public servants, with JATs covering multiple states.

·        Unitary Government: All powers vested in national government (e.g., Britain, France, China).

Formation of a Federation

·        Federations can form through agreements (e.g., USA) or disintegration (e.g., Canada, India).

India’s Federal Structure

·        “Union of States”: India is a federation with no right for states to secede (Dr. B.R. Ambedkar).

·        Canadian Model: Strong centre, “Union of indestructible states.”

·        Three-tier system: Union, State, and later, Panchayats & Municipalities.

2.      Written Constitution: Clearly defines powers of Union and states.

3.      Division of Powers: Union, State, and Concurrent Lists (7th Schedule).

4.      Supremacy of the Constitution: Basic structure doctrine.

5.      Rigid Constitution: Prevents central government from unilateral amendments.

6.      Independent Judiciary: Resolves conflicts between Union and states (Article 131).

7.      Bicameralism: Rajya Sabha represents states.

2.      States Not Indestructible: Union can alter state boundaries.

3.      Single Constitution: No separate state constitutions.

4.      Flexibility: 2/3rd of Constitution can be amended unilaterally by Union.

5.      No Equality of State Representation: Rajya Sabha representation based on population.

6.      Emergency Provisions: Federal structure becomes unitary in emergencies.

7.      Single Citizenship: No separate state citizenship.

8.      Integrated Judiciary: Unified court system.

9.      All-India Services: Serve both Union and States.

10.   Integrated Audit Machinery: CAG audits both Union and state accounts.

11.   Parliament’s Authority Over State List: Rajya Sabha resolutions, state requests.

12.   Appointment of Governors: Union-appointed, act as Centre’s agent.

13.   Integrated Election Machinery: For Union and state legislatures.

14.   Veto Over State Bills: President can veto state bills.

·        K. Santhanam: Central financial dominance, powerful Planning Commission increased centralization.

·        Paul Appleby: Highly federal with clear division of powers.

·        Morris Jones: Bargaining federalism between Centre and states.

·        Ivor Jennings: Strong centralizing tendencies (e.g., emergency powers, Finance Commission).

Trends in Federal Spirit

·        Territorial Disputes: Maharashtra vs. Karnataka (Belgaum).

·        Water Disputes: Karnataka vs. Tamil Nadu (Cauvery).

·        Regional Parties: Andhra Pradesh, Tamil Nadu power dynamics.

·        New States: Fulfilling regional aspirations (Mizoram, Jharkhand).

·        Financial Demands: States seeking more grants from Centre.

·        Autonomy Assertion: States resisting Centre’s interference.

·        Article 356: Supreme Court limits on misuse of President’s Rule.

·        Territorial extent: Parliament can legislate for the whole country, including Union Territories (UTs), while State Legislatures legislate for their respective states.

·        Exclusive powers:

o   Union List: Parliament has exclusive rights.

o   State List: States have exclusive rights.

o   Concurrent List: Both can legislate; however, Union law prevails in case of conflict.

·        42nd Amendment (1976): Transferred five subjects (Education, Forests, Weights and Measures, Protection of wild animals, Administration of justice) from State List to Concurrent List.

·        101st Amendment (2016): Introduced Goods and Services Tax (GST) under concurrent jurisdiction.

·       Rajya Sabha resolution (Article 249): Parliament legislates for national interest.

·       National Emergency (Article 250): Parliament legislates on State List matters.

·       State request (Article 252): States request Parliament to legislate.

·       International agreements (Article 253): Parliament implements treaties.

·       President’s Rule (Article 356): Parliament legislates on State List.

Administrative Relations (Articles 256-263)

·        Executive powers: Centre governs Union List matters; States govern State List.

·        State obligations: Follow Parliament’s laws and avoid impeding Central authority.

·        Centre’s directions to states:

o   National communications, railways, linguistic minorities, and Scheduled Tribes welfare.

·        Mutual delegation: Centre and states can delegate executive functions.

·        Central recruitment, training; dual control (Centre and State).

Financial Relations (Articles 268-293)

·        Taxing powers:

o   Parliament: Exclusive on Union List items; residuary powers.

o   State: Exclusive on State List items.

o   101st Amendment (2016): Concurrent GST powers for Parliament and States.

·        Distribution of taxes:

o   Article 268: Taxes collected by Centre but appropriated by States (e.g., stamp duty).

o   Article 269: Taxes on inter-state trade collected by Centre, assigned to States.

o   Article 270: Taxes shared between Centre and States.

·        80th Amendment (2000): 29% of total taxes to States.

Grants-in-Aid

·        Statutory grants (Article 275): Based on Finance Commission’s recommendations.

·        Discretionary grants (Article 282): For public purpose, as per Centre’s discretion.

Finance Commission (Article 280)

·        Appointed every five years; recommends distribution of tax proceeds between Centre and States.

·        Chairman and four members with expertise in public affairs, finance, and economics.

·        National Emergency (Article 352): Centre gains power over states.

·        President’s Rule (Article 356): Centre takes control of State.

·        Financial Emergency (Article 360): Centre directs financial policies of States.

Recommendations on Centre-State Relations

·        Administrative Reforms Commission: Suggested setting up Interstate Council, increasing State powers, and decentralizing financial control.

·        Sarkaria Commission:

o   Strengthen Interstate Council.

o   Use Article 356 sparingly.

o   Strengthen All India Services.

o   Consult States on Concurrent List legislation.

o   Ensure Governors serve full terms.

·        Punchhi Commission:

o   Introduced criteria for appointing Governors (neutral, non-state resident).

o   Five-year term limit for governments.

o   Suggested impeachment process for Governors.

·        Part XIII: Inter-state trade and commerce.

·        Key Interactions:

o   Recognition of public acts, records, and judicial proceedings.

o   Extra-judicial settlement of disputes.

o   Coordination among states.

o   Freedom of inter-state trade, commerce, and intercourse.

·        Zonal Councils: Promote inter-state cooperation.

Nature of Inter-State Relations

·        Cooperative: Joint water sharing, infrastructure projects (e.g., river water disputes).

·        Collaborative: National interest topics (disaster management, internal security).

·        Competitive: Investment, jobs, infrastructure, social indicators (literacy, healthcare)

·        River Boards Act (1956): Regulates inter-state rivers; central government establishes boards upon state request.

·        Inter-State Water Disputes Act (1956): Central government establishes ad hoc tribunals for disputes. Tribunal decisions are binding, no jurisdiction for Supreme Court.

·        Nine Tribunals set up till date to address river water disputes.

Inter-State Councils (Article 263)

·        Constitutional Body: Coordinates Centre-state relations.

·        Formation: Supported by Sarkaria Commission; first council set up in 1990 by V.P. Singh.

·        Composition:

o   Chair: Prime Minister.

o   Members: Chief Ministers, Union Ministers, Governors (under President’s rule).

o   Function: Recommend solutions for disputes, coordinate policies.

·        Secretariat: Established in 1991; also manages Zonal Councils since 2011.

·        Five Zones: Northern, Central, Eastern, Western, Southern.

·        Composition:

o   Chair: Union Home Minister.

o   Vice-Chair: State Chief Ministers (rotating).

o   Members: Two Ministers from each state, UT administrators.

North-Eastern Council (1971)

·        Promotes economic and social development of NE states (Assam, Manipur, Mizoram, etc.).

·        Chair: Union Home Minister.

• Vice-Chair: DoNER Minister.

National Development Council (1952)

·        Apex Body: Decision-making on development; non-constitutional, non-statutory.

·        Inactive since formation of NITI Aayog.

Inter-State Trade and Commerce (Articles 301-307)

·        Article 301: Freedom of trade and commerce across India (intra and inter-state).

·        Restrictions:

o   Article 302: Parliament can impose restrictions in public interest.

o   Article 303: No discrimination or preference among states (except during scarcity).

o   Article 304: State legislatures can impose restrictions with presidential assent.

·        Taxation: States can tax goods similarly to those produced within the state (no discriminatory taxes).

2.      Language Issues: Conflicts over Hindi imposition.

3.      Boundary Disputes: Assam-Nagaland (Merapani), Maharashtra-Karnataka (Belgaum).

4.      Development Disparities: States like Gujarat and Maharashtra contribute more, leading to resource allocation tensions.

5.      Inter-State Armed Conflict: E.g., Assam-Meghalaya boundary tensions.

Improving Inter-State Relations

1.      Encourage Cooperation: Use platforms like Inter-State and Zonal Councils.

2.      Reduce Development Gaps: Address disparities to foster cooperation.

3.      Strengthen Federal Institutions: Enhance role of inter-state mechanisms.

4.      Promote Economic Integration: Initiatives for free trade zones and common marketplaces.

5.      Foster Cultural Exchange: Build mutual understanding through exchange programs.

·        Ancient Panchayats: Responsible for law and order, dispute resolution.

·        British Colonial Rule: Modern forms of local self-government introduced, based on Panchayati Raj system.

Mahatma Gandhi’s View

·        Decentralization: Backbone of democracy, village-level decision-making.

·        Self-Rule: More authority and resources for local self-governments.

·        Participative Governance: Ensured accountability, transparency.

Post-Independence Period Milestones

·        1951: Community Development Program launched.

·        1953: First Panchayati Raj elections in Rajasthan.

·        1959: Rajasthan passes Panchayati Raj Act.

·        1962: Central government establishes Ministry of Community Development and Cooperation.

·        1992: National Panchayati Raj Day recognized.

·        1993: 73rd Constitutional Amendment passed.

·        1996: PESA Act gives autonomy to tribal areas.

·        2000: National Gram Swaraj Abhiyan launched.

·        2011: National Rural Livelihoods Mission launched.

·        Balwant Rai Mehta Committee (1957): Recommended a three-tier PRI system (village, intermediate, district).

·        Ashok Mehta Committee (1977): More powers, development planning at the local level.

·        G.V.K. Rao Committee (1985): Greater autonomy, power to levy taxes.

·        L.M. Singhvi Committee (1986): Constitutional recognition for PRIs and urban local bodies.

·        P.K. Thungon Committee (1989): Recommended constitutional recognition.

·        Second Administrative Reforms Commission (2007): Clear delineation of functions.

Existing Structure of Local Governments

·        73rd Amendment Act (1992): PRIs for rural areas, Part IX, Articles 243-243O, Eleventh Schedule (29 functions).

·        74th Amendment Act (1992): Urban Local Governments, Part IXA, Articles 243P-243ZG, Twelfth Schedule (18 functions).

·        73rd Amendment: Three-tier structure (village, block, district), compulsory Gram Sabha, 5-year term, reservations for SCs/STs/women, State Finance and Election Commissions.

Urban Local Government

·        Types: Municipal Corporation, Municipality, Notified Area Committee, Cantonment Board, etc.

·        Three Ministries: Ministry of Housing and Urban Affairs (1985), Ministry of Defence (Cantonments), Ministry of Home Affairs (Union Territories).

Salient Features of 73rd Amendment

·        Compulsory: Gram Sabha, three-tier structure, direct elections, minimum age 21, SC/ST/women reservation, State Election/Finance Commission.

·        Voluntary: Voting rights for legislature members, reservation for backward classes, financial powers.

Salient Features of 74th Amendment

·        Compulsory: Nagar Panchayats, Municipal Councils/Corporations, reservation for SC/ST/women, State Election/Finance Commissions, 5-year tenure.

·        Voluntary: Voting rights for legislature members, reservation for backward classes, financial autonomy.

15th Finance Commission Recommendations

·        Comparison to 14th FC: Includes all rural levels and scheduled areas.

·        Grants: Rs 4.36 lakh crore for 2021-26.

·        State Finance Commission: Mandatory after March 2024 for grants release.

·        Grant Criteria: 90% population, 10% area-based.

Constitutional Bodies

1.      Attorney General (Art. 76): Highest law officer, appointed by the President.

2.      Comptroller and Auditor General (Art. 148): Guardian of public purse.

3.      Advocate General (Art. 165): Highest law officer at the state level.

4.      State Finance Commission (Art. 243-I): Reviews financial position of local bodies.

5.      State Election Commission (Art. 243-K): Conducts elections to local bodies.

6.      District Planning Committee (Art. 243-ZD): Prepares development plan for the district.

7.      Metropolitan Planning Committee (Art. 243-ZE): Prepares plan for metropolitan areas.

State Finance Commission

• Article 243-I: Established every 5 years, recommends tax distribution and grants.

State Election Commission

• Article 243-K: Conducts local elections, appointed by the Governor.

District & Metropolitan Planning Committees

• Article 243-ZD: District-level development planning.
• Article 243-ZE: Metropolitan area planning.

Finance Commission

• Article 280: Quasi-judicial, recommends tax distribution between Centre and states.

1.      Statutory Bodies: Established by laws passed by Parliament.

·       Examples: NIA, NHRC, Lokpal, Lokayukta.

2.      Non-Statutory Bodies: Created by Executive Order.

·       Examples: NITI Aayog, National Development Council (NDC).

Types of Statutory Bodies

1.      Regulatory Bodies: Government agencies overseeing specific sectors.

·       Examples: PFRDA, Biodiversity Authority of India.

2.      Quasi-Judicial Bodies: Non-judicial bodies interpreting laws.

·       Examples: National Green Tribunal, Central Information Commission (CIC).

Regulatory and Quasi-Judicial Bodies

Regulatory Bodies

·        Reserve Bank of India (RBI): Regulates monetary policy, banking.

·        Securities and Exchange Board of India (SEBI): Regulates securities markets.

Quasi-Judicial Bodies

·        National Green Tribunal (NGT): Handles environmental disputes.

·        Central Information Commission (CIC): Decides RTI appeals, ensures transparency in governance.

National Human Rights Commission (NHRC)

·        Established: Under the Protection of Human Rights Act, 1993.

·        Composition: Chairperson (former CJI/Supreme Court judge), 5 members, 7 deemed members.

o   Deemed members: Chairpersons of NCBC, NCW, NCM, NCSC, NCST, NCPCR, Chief Commissioner for Disabilities.

·        Powers: Civil court powers for investigations, suo motu cognizance, compensation recommendations, SC/HC intervention for human rights enforcement.

·        Functions: Inquiry into complaints, prison visits, legal reforms for human rights protection.

State Human Rights Commissions (SHRCs)

·        Established: Under PHRA, 1993 at the state level.

·        Composition: Chairperson (former HC judge), 4 members.

·        Appointment: By the Governor, based on recommendations from Chief Minister, Speaker, Home Minister, Leader of Opposition.

NITI Aayog

·        Established: January 1, 2015, replacing Planning Commission.

·        Composition:

o   Chairperson: Prime Minister.

o   Governing Council: CMs, Lt. Governors.

o   Vice Chairperson, Full-time members, Part-time members, CEO.

·        Key Initiatives:

o   Aspirational District Programme (2018), IndiaChain (blockchain), India Innovation Index, Atal Innovation Mission.

·        Significance: Bottom-up approach, cooperative federalism, expert policy guidance.

Central Information Commission (CIC)

·        Established: Under the RTI Act, 2005.

·        Composition: Chief Information Commissioner, up to 10 Information Commissioners.

·        Powers: Inquire into complaints, impose penalties, monitor RTI implementation.

Central Vigilance Commission (CVC)

·        Established: Through the CVC Act, 2003.

·        Composition: CVC (Chairperson), 2 Vigilance Commissioners.

·        Powers: Supervision over CBI and vigilance activities, recommendation for disciplinary actions, public interest disclosures under Whistleblower Protection Act, 2014.

State Election Commission (SEC)

·        Functions: Conducts local elections for Panchayats and Municipalities.

·        Powers: Functions similar to Election Commission of India, including enforcing fair elections at the state level.

·        NHRC/SHRC: Protect and promote human rights, advise on policy reforms, conduct inquiries.

·        CVC: Vigilance supervision, disciplinary recommendations, corruption investigations.

·        NITI Aayog: Policy think-tank, promotes federal collaboration, strategic innovation.

·        CIC: Ensures transparency, addresses RTI complaints, imposes penalties for non-compliance.

·       Lokpal and Lokayuktas: Investigate corruption cases involving public officials.

·       National Commission for Women (NCW): Protects and promotes women’s rights.

·       National Commission for Minorities (NCM): Protects minority rights.

·       National Commission for Backward Classes (NCBC): Addresses grievances of OBCs.

·       National Green Tribunal (NGT): Ensures environmental justice.

·        Established: Based on Santhanam Committee recommendation; under DSPE Act, 1946; not constitutional/statutory.

·        Superintendence: CVC (Corruption cases); Central Government (Other cases).

·        Director: Two-year tenure under CVC Act, 2003.

·        Functions: Investigates bribery, corruption, serious crimes, coordinates with state agencies, and provides assistance to CVC, Lokpal.

·        Prior Permission: Needed for investigating Joint Secretary and above (Section 6A of DSPE Act).

·        General Consent: Required from state governments for investigations.

National Investigation Agency (NIA)

·        Established: 2008 post-Mumbai attacks under NIA Act, 2008.

·        Jurisdiction: Terror-related crimes across states; no state permission required.

·        Special Courts: Central Government appoints judges with High Court recommendations.

·        Headquarters: Delhi, with multiple branches.

CBI vs NIA

·        CBI: Deals with corruption, multi-state crime, requires state consent.

·        NIA: Investigates terrorism, overrides state authority, smaller than CBI.

·        Origin: Administrative Reforms Commission (1960s); Anna Hazare movement led to Lokpal Bill (2013).

·        Lokpal Act, 2013: Covers PM, Ministers, MPs, government employees. Chairperson + 8 members, with 50% judicial members.

·        Amendment 2016: Included largest opposition party in selection committee.

·        Lokayuktas: State-level bodies, created through state legislation.

National Disaster Management Authority (NDMA)

·        Established: 2006, under Disaster Management Act, 2005.

·        Chairperson: Prime Minister, with nine members.

·        Functions: Approves National Disaster Plan, lays down policies, coordinates disaster management across departments.

·        Vision: Disaster-resilient India, holistic approach involving all stakeholders.

State Disaster Management Authority (SDMA)

·        Headed: By Chief Ministers.

·        State Executive Committee: Led by Chief Secretaries, ensures national policies are implemented at the state level.

Lobbying

·        Definition: Influencing policy decisions; not banned but unregulated in India.

·        Examples: Mazdoor Kisan Shakti Sangathan advocating policy reforms.

·        Established: January 25, 1950, under Article 324.

·        Composition: Initially one CEC, became a 3-member body in 1993.

·        Appointment: CEC and ECs appointed by President, based on Selection Committee (PM, Union Minister, Leader of Opposition).

·        Powers: Administrative (e.g., electoral rolls), advisory (disqualification advice), quasi-judicial (party recognition disputes).

Model Code of Conduct (MCC)

·        Origin: Kerala, 1960; evolved through ECI, more stringent after 1991.

·        Objective: Ensure free, fair elections; applies from announcement of election schedule to completion.

·        Provisions: General conduct, meetings, processions, use of official machinery, manifesto guidelines.

Representation of People Acts (1950 & 1951)

·        1950 Act: Deals with electoral rolls, delimitation, voter qualifications.

·        1951 Act: Conduct of elections, qualifications/disqualifications, election offenses.

Pressure Groups

·        Types:

1.      Institutional (e.g., Bureaucracy)

2.      Associational (e.g., Trade Unions)

3.      Anomie (e.g., Naxalites)

4.      Non-Associational (e.g., Caste groups).

·        Role: Influence public policy, lobby legislators, aid political participation.