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2/18/2019 ENGLISH MEDIUM FULL INDIAN POLITY SUMMARY gist gk gs summary
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 ENGLISH MEDIUM -FULL INDIAN POLITY SUMMARY COMPLETE GENERAL KNOWLEDGE GK GS REVISION NOTES GIST NCERT laxmikant polity UPSC IAS PCS UPPSC UPSSSC
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FULL INDIAN POLITY SUMMARY
COMPLETE GENERAL KNOWLEDGE GK GS
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Add managerial skills to your technical polity UPSC IAS PCS UPPSC UPSSSC SSC
knowledge. Apply now. Admission 2019 BPSC MPPSC CGPSC RAS OPSC PPSC HAS
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Indian Polity and Governance February 18, 2019
संपूण पयावरण GK का सार FULL

ENVIRONMENT and ecology SUMMARY
COMPLETE GENERAL KNOWLEDGE GK GS
Constitution, Political System and Public Policy REVISION NOTES GIST NCERT UPSC IAS
PCS UPPSC UPSSSC SSC BPSC MPPSC
STUDY FOR CIVIL SERVICES-GYAN
CGPSC RAS OPSC PPSC HAS KAS APPSC
The Constitutional Development of India UKPSC GD UPP UP POLICE BSSC LOWER
The Charter Act of 1813 too away the exclusive right PCS ALLAHABAD ARO RO AHC ARO
of the company to trade in India. Although this Act MANDI PARISHAD VDO VYAPAM SSC CGL
renewed the Charter for a further period of 20 years, CHSL GD RPF POLICE SI CONSTABLE
it abolished the monopoly of East India Company and CLERK
Indian trade was thrown open to all British subjects. February 11, 2019
The Indian Council Act, 1892 introduced two

improvements in the Indian and Provincial
Legislative councils –
 
1 Ratainin the maj ority of official members it

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1. Rataininthe maj ority of official members, it
provided for the nomination of the non-official
members of the Indian Legislative Council by Bengal -15% -16%
chambers of commerce and the provincial councils
were to be nominated by certain local bodies such as
universities, districs boards, municipalties. Chetana Mangalsutra Pen… Carson Go
Rs 17,268 Rs 24,832
2. Thecouncils were given the power of discussing the
-16% -16%
Budget and addressing question to the executive.
The provision for the establishment of Supreme Journey Miracle Plate Dia… Johny Gold Weddin
Rs 16,327 Rs 7,911
Court at For William Calcutta was made in the
Regulating Act, 1773. Sir Elizah Impey was the first
Chief Justice of this Supreme Court. संपूण भारतीय रा व था का सार FULL
The Federal Court in India was established by the INDIAN POLITY SUMMARY COMPLETE
GENERAL KNOWLEDGE GK GS REVISION
Government of India Act, 1935 on 1st October, 1937.
NOTES GIST NCERT laxmikant polity
Sir Maurice Gwyer was its first Chief Justice.
UPSC IAS PCS UPPSC UPSSSC SSC BPSC
Regulating Act, 1773 – Establishment of Supreme MPPSC CGPSC RAS OPSC PPSC HAS KAS
Court APPSC UKPSC GD UPP UP POLICE BSSC
LOWER PCS ALLAHABAD ARO RO AHC
Pitt’s India Act, 1784 – Establishment of Board of ARO MANDI PARISHAD VDO VYAPAM SSC
Control CGL CHSL GD RPF POLICE SI CONSTABLE
CLERK
Charter Act, 1813 – Permission to English
February 11, 2019
Charter Act, 1833 – Appointment of Law
Member in Governor General Council
Dyarchy has been derived for the Greek word di-
arche which means double rule. In the context of
Indian history, the principle of Dyarchy refers to the -16% -16% -17
division of legislation subjects in to central and

Rs 9,375 Rs 1
provincial categories. The provincial subjects were
-16% -15
further divided into reserved and transferred
Comparatively important subjects (reserved Rs 26,641 Rs 12,667 Rs 1
subjects) such as police, jail, justice, finance and -15% -16% -16% -16% -15
irrigation were to be administered by the governor
and his executive council without being responsible Rs 9,104 Rs 11,311 Rs 7,911 Rs 13,597 Rs 7
to the legislative council. Subject of lesser
संपूण िव ान का सार FULL SCIENCE
importance (transferred subjects) such as education,
SUMMARY GENERAL VIGYAN
agriculture, local self government etc. were to be
administered by the governor with the aid of CHEMISTRY PHYSICS BIOLOGY
ministers responsible to the legislative council. COMPLETE GENERAL KNOWLEDGE GK GS

REVISION NOTES GIST NCERT UPSC IAS
Ther Government of India Act 1935 was originally PCS UPPSC UPSSSC SSC BPSC MPPSC
passed in August, 1935. Salient feature of the Act CGPSC RAS OPSC PPSC HAS KAS APPSC
were – UKPSC GD UPP UP POLICE BSSC LOWER
Dyarchy was introduced at the Central level instead PCS ALLAHABAD ARO RO AHC ARO
MANDI PARISHAD VDO VYAPAM SSC CGL
of pronices as encisaged in the Act of 1919.
CHSL GD RPF POLICE SI CONSTABLE
The Government of India Act 1935 proposed to set up CLERK
All India Federation comprising of the British India February 11, 2019
Provinces and the Princely States.

CHHATTISGARH CURRENT AFFAIRS 2019
The supermacy of British Parliament remained for cgpsc 2019 prelims mains GK
intact under the Government of India Act 1935. GENERAL KNOWLEDGE last one year cg
latest news for cgpsc prelims vyapam
Burma was separated from India with effect from
Chhattisgarh Public Service
April 1937.
Commission
The Government of India Act 1935 abolished the February 10, 2019
Council of the Secretary of State for India, which was

 created in 1858. 
The Federal Court of India was established on 1

The Federal Court of India was established on 1
October, 1937, Sir Maurice Gwyer was its first Chief
Justice.
The Central Federal Bank was established under this -16% -16% -16%
Act which was later known as the Reserve Bank of Mangalsutr… Yutika
India (RBI).
-16% -16%
June Gold Wed...
The Indian Council Act of 1909 introduced separate Gold Bands in 18KT Gold
Johny Gold … Flora
electorate for Muslim community and thus sowed
the needs of separatism that eventually led to the -16% -16% -15% -16% -16%
partition of country. Lauren Man… Carson Gol… Toriana Dia… Kadambari … Manu

संपूण इकोनॉमी का सार FULL ECONOMY
SUMMARY COMPLETE GK GS REVISION
The Government of India Act, 1919 was passed by the NOTES GIST NCERT UPSC IAS PCS UPPSC
UPSSSC SSC BPSC MPPSC CGPSC RAS
British Parliament. The Act embodied the reforms
OPSC PPSC HAS KAS APPSC UKPSC GD
recommended in the report of the Secretary of State
UPP UP POLICE BSSC ahc aro general
for India, Edwin Montagu, and the Viceroy Lord
Chelmsford. This Act provided for the indtroduction knowledge
of a dual form of Government at provinces known as January 19, 2019
Dyarchy. The subjects of administration were divided संपूण भूगोल का सार FULL GEOGRAPHY
into two categories – Reserved and Transferred.
SUMMARY COMPLETE GK GS REVISION
Thus, regarding Transferred matters, the executive
NOTES GIST NCERT MAHESH BARANWAL
power was given to Procinces by the Central
MAJID HUSSAIN UPSC IAS PCS UPPSC
government.
UPSSSC SSC BPSC MPPSC CGPSC RAS
As for as the question of a separate electoral system OPSC PPSC HAS KAS APPSC UKPSC GD
for Muslims is concerned, the provision had already UPP UP POLICE BSSC
been made by the Act of 1909. The Government of January 13, 2019
India Act, 1919 continued this provision and also

पूरे इितहास का सार इितहास का संपूण ान FULL
extended it for Sikhs, European, Indian-Christian,
and Anglo-Indian. HISTORY most important GK SUMMARY
previous year question answers
The Principle of constitutional Autocracy was general knowledge uppsc uppcs
introduced by the Government of India Act, 1935. upsssc mandi parishad allahabad ahc
This Act vested the executive authority of Provinces aro mppsc cgpsc ro mains 2017 upp
in the Governors and of center in the Governor- uptet pcs psc mains 2018
General on the behalf of the Crown. December 28, 2018
The Government of India Act, 1919 made Indian BPSC 64TH FULL ANSWER KEY CUTOFF
Legislature bi-cameral for the first time. It was to bihar pcs paper 16 december 2018 pt
consist of an Upper House named the Council of pre prelims preliminary gs general
state and a lower House named the Legislative studies previous year paper 65 65th
Assembly. Council of State was composed of 60 December 16, 2018
members of whom 34 were elected and the
legislative Assembly was complosed of 114 members
of whom 104 were elected.
-15% Tifny 3 in 1 -15%
Edelw
Though in British India, Governor-General was Diamond
Engagement
Miracle
Diamond
empowered to promulgate ordinance wihthout the Ring
Rs 15,
permission of Legislative Council under the Indian Rs 94,445
Rs 12,
Rs 79,334
Council Act, 1861. However, the President’s power to
promulgate ordinance (Art, 123) is inspired by -16% Arpita Gold -15% Deep
Diamo
section 42 of Government of India Act, 1935. Mangalsutr Engage
a Pendant Ring
Section 87 was one of the most important sections of Rs 18,436 Rs 42,
the Charter Act, 1833. It stated that no person of India Rs 15,486 Rs 35,
or the Crown would be debarred from that n o person
of India or the Crwon would be debarred from any
place, post or service subject to the Company on the Archives
groudn of religion, place of birth, decent or colour or
 any of them. Subsequently section 87 of the Act, 1833  February 2019 
laid down the foundation for the participation of

laid down the foundation for the participation of
 January 2019
Indians in the administration during the political
movement.  December 2018
The residuary powers were given to Governor
 November 2018
General in the Fedration established under
Government of India Act, 1935.  October 2018
Provision for a written Constitution for the country  September 2018

was not in the Government of India Act, 1935. It was
mentioned for the first time during Cripps Mission.  August 2018
The Government of India Act, 1935 is an important  July 2018

source for the Constitution of India. Many provisions
 June 2018
of Indian Constitution like Federal Government,
diarchy at the center, distribution of power between  May 2018
Center and States and establishment of a Fedral
Court have been taken from it.  April 2018
Burma was separated from India according to the  October 2017

provision of Government of India Act, 1935.
 September 2017
Social Links
The Cabinet Mission arrived in India in 1946. The
      
Mission proposed a plan for the formation of a
Constituent Assembly to frame a Constitution for the 
Indian Union. The representative of provinces were
based on the population; roughly 1 presentative over
10 lakh population.
Provinical elections were held in British India in Access All Nanodegree
1936-37 as mandated by the Government of India Act, Programs
1935. The elections were held in eleven provinces – Unlock Pro starting 9,833/month
Madras, Bihar, Central Provinces, Orissa, United
Provinces, Bomaby Presidency, Asam, NWFP, Bengal, Rs100,000
Punjab and Sindh. The Congress ministry was ENROLL NOW
formed in 8 provinces out of 11 in the election of 1937.

The members of the Cabinet Mission were Sir
Pethick-Lawrence, Stafford Cripss, and A.B.
Alexander.
The proposal for framing of the constitution of India Find Us
(after the end of Second World War) by an elected
On Youtube
Constituent Assembly was made by the Cripps
24*7
Mission (1842).
The Constituent Assembly of India was constituted
under Cabinet Mission, 1946 on the basis of
representative election.
The Ilbert Bill was introduced in 1883 for British
India by Viceroy Ripon who proposed an amendment
to existing laws in the country at the time to allow
Indian Judges and Magistrates, the jurisdiction to try
British offenders in criminal cases at the district
level, something which was not allowed at the time.
On 24 August, 1946 Interim Government was
announced on a condition that Interim Government
would take charge latest by 2nd September, 1946.
Vieceroy was the President of the Executive Council
 
while Jawaharlal Nehru was designated as Vice-

while Jawaharlal Nehru was designated as Vice
President of the Executive Council.
According to the Cabient Mission’s declaration, an
Interim Govenment was constituted on 2 September,
1946, from the newly elected Constituent Assembly.
C. Rajgopalachari ws the Education Minister, Dr.
Rajendra Prasad, Food and Agriculture Minister and
Jagjivan Ram was the Minister for Labour.
The Swaraj Party fomed at Ranchi, in May 1934,
sought the right of self-decision or self-rule and
made a proposal for a Constitent Assembly. This was
to be composed of Indian representative elected on
the basis of adult suffrage. It was the first occasion
when Indians for a Constituent Assembly.
In October, 1943 Lord Wavell, who had succeeded
Lord Linlithgow as Governor-General, made an
attempt to resole the deadlock in India. He went to
England for consultation in March, 1945. There he
throughly discussed with British Government about
Indian administration and made some proposals. In
June 1945, his proposals were made public by the
name of Wavell Plan. He proposed restructuring of
the Governor-General’s Executive Council, which
would have balanced the representation of the main
communities, including equal proportions of
Muslims and Hindus. All the portfolios except
Defence were to be held by Indian members
including foreign department. The Wavell Plan
proposed an equal representation of Hindus and
Muslim in the Executive Council. A part from
Viceroy and Commander in chief in the Executive
Council, all members were India. Thus it is clear that
the Wavell Plan was intended to remove the
deadlock on Constitutional matters political issues
and to promote the self-governance for Indians but
never intended to unite the Hindu-Muslim to avoid
partition of India.
The Legislative Assemblies of States were used as
Electoral College for the formation of Constituent
Assembly. In this way, the Constituent Assembly was
a result of the indirect election. Peoples of several
parties were involved in it. Constituent Assembly
formed a number of committees to operate its
working.
The members of Constituent Assembly were elected
by the members of Legislative Assembly of Provinces
on the basis of indirect election, not by the direct
election based on adult suffrage.
Sachchidanand Sinha temporarily chaired the first

meeting of the Constituent Assembly which was held
on 9 December, 1946. The Constituent Assembly
elected Dr. Rajendra Prasad as permanent Chairman
on 11 December 1946. Dr. Rajendra Prasad’s name

was proposed by J.B. Kriplani. 
As per recommended proposed by Cabinet Mission

As per recommended proposed by Cabinet Mission
(1946), members of Constituent Assembly were
elected by the members of the Provincial Legislative
Assemblies.
The proceedings of the Constituent Assembly
started with Objectives Resolution presented by
Jawaharlal Nehru on 13 December, 1946. The
objective Resolution was unanimously passed on 22
January, 1947. Later this objective Resolution turned
to be the Preamble of the Constitution.
The first session of the Constituent Assembly began
on 9 December 1946 and ended on 23 December,
1946. The session was attended by 207 members.
Under Indian Constitution, the head of the State i.e.
the Presidents is not elected by people directly; but
by people’s representatives which enclude elected
members of both the House of Parliament, elected
member of the State Legislative Assemblies of all the
States including Union Territories.
The Constituent Assembly took 2 years, 11 months
adn 18 days to complete its historic task of drafting
the Constitution. During this period, there were 11
session covering a total of 165 days. Apart from these
eleven sessions, one more session was held on 24
January, 1950 in which the members appended their
signature.
Constituent Assembly formed Union Constitution
Committee with other prominent Committees.
Jawaharlal Nehru was the Chairman of Union
Constitution Committee.
The other Committees and their Chairman were –
1. Committee on the Rule of Procedure –

Rajendra Prasad
2. Steering Committee – Rajendra Prasad
3. States Committee – Rajendra Prasad
4. Drafting Committee – B.R. Ambedkar
5. Advisory Committee on Fundamental Right,
Minorities, Tribal and Excluded Areas – Sardar
Vallabh Bhai Patel
6. Union Power Committee – Jawaharlal
Nehru
7. Union Constitution Committee –
Jawaharlal Nehru
8. ProvincialConstitution Committee –
Sardar Vallabhahai Patel
First Vice- Chairman of Constituent Assembly –

C. Mukherjee
The Only Congress member of drafting committee –

 K.M. Munshi 
Representative of Rajasthan’s P rincely state –

Representative of Rajasthan s P rincely state
V.T. Krishnamchari
Chairman of the Union Constitution Committee –
Jawaharlal Nehru
B.R. Ambedkar was the chairman of the Drafting

committee. It was the most important committee
since it was tasked with the responsibility of wording
the constitution.
On 29 August, 1947, by a resolution, Drafting
Committee was formed under the chairmanship of
Dr. Ambedkar to discuss and decide the form and
structure of the Constitution.
There were 6 other members in the drafting
committee constituted under the chairmanshi of Dr.
B.R. Ambedkar. Members were – N. Gopal Swami
Ayangar, Alladi-Krishanswami Iyer, K.M. Munshi,
Mohd Sadullah, B.L. Mitra, and D.P. Khetan. In place
of B.L. Mitra, N. Madhav Rao and after the death of
D.P. Khetan in 1948. T.T. Krishanamchari was
included in the Committee.
The first draft of the Constitution was prepared by
the constitutional advisor B.N. Rao which was put
before drafting committee for opinion, discussion
and changes in it. Original draft pr posed by Mr. Rao
included 243 Articles and 13 Schedules.
The National Flage of India was adopted during
fourth session of the constituent Assembly on 22
July, 1947.
The third reading of the Constitution by Constituent
Assembly was started on 17 November, 1949 and
completed on 26 November, 1949.
There were two flag committees mentioned in the
Indian history –
1. TheFlage Committee constitueted on 2 April, 1931 at

Karachi Session under the chairmanship of Sardar
Vallabhbhai Patel
2. An Ad-hoc Committee on National Flag was formed
on 23 June, 1947 whose chairman was Dr. Rajendera
Prasad.
The Preamble of the Constition staes, “we we the People

of India enact, adopt and give to ourselves this
Constitution o n 26 November, 1949”. This date is
considered as the date of adoption, completion and
passing of the Constitution. On the same day the
provisions rel ating to citizenship, interim
parliament and emergency came in force. Rest of the
provisions came into effect on 26 January, 1950. Thus
26 January, 1950 is considered af enforcement date of
the Constitution.
 
The Purna Swaraj declaration was promulgated by

the Indian National Congress in Lahore Session
(Decem ber, 1929) where Congress asked people of
India to observe 26 January as Independence Day.
After that Congress regularly observed 26 January as
the Indedependence Day of India. The new
Constitution of India, as drafted and approved by the
Constituent Assembly of India, was mandated to take
effect on 26 January 1950, to commemorate the 1929
declaration.
The Constitution was adopted by Constituent
Assembly at its 11th Session on 26 November, 1949.
The Constitutional Day of India is celebrated on 26th
November since the new Constitution of India was
adopted by the constituent Assembly on 26th
November, 1949 ans signed by President Rajendra
Prasad. Some of the provisions of the constitution
came into force at once while the remaining
provisions of the Constitution came into force on
26th January, 1950, the commencement date of the
constitution.
In the preliminary election held in 1946, Dr.
Ambedkar was elected from the eastern part of
undivided Bengal. Later on, this region became part
of Pakistan and then Ambedkar was elected as a
member of the Constituent Assembly from Pune
seat of Bomaby Presidency which was vacant after
the resignation of M.R. Jaikar. Since Dr. Ambedkar
was elected from East Bengal not West Bengal.
The Constitution of India was enacted on 26
November, 1949. The Preamble to the Constitution
says – “We the People of India haviing solemly
resolved to constitute India……in our Constituent
Assembly this twenty-sixth day of November 1949
do, Hereby, Adopt, Enact and give to ourselves this
Constitution”.
Ambedkar, who played a prominent role in drafting
the Constitution, was born on 14 April, 1891 and died
on 6 December, 1956.
The Constituent Assembly accepted “Jana Gana
Mana” as the National Anthem of India on 24
January, 1950. A formal redition of the national
anthem takes fifty-two seconds.
The State Emblem which es extracted from the
Ashoka pillar at Sarnath (Varanasi) was adopted by
the Government of India on 26 January, 1950.
At the time of discussion on adult franchise,
Maulana Azad in Constitent Assembly pleaded for
Deferment of Adult Franchise for 15 years, but Dr.
Rajendra Prasad and Jawaharlal Nehru supported for
its adoption strongly.
During Third Round Table Conference a plan was
presented to finalize the Government of India Act
1935. In this Act, provision was made to form as All
 
India Federation Comprising of states of British India
and Princely states From above it is clear that both
and Princely states. From above it is clear that both
given statements are true. Third Round Table
Conference was organized in 1932 in London and
congress did not participate in the conference.
Mahatma Gandhi suggested that the Indian National
Congress was formed only for achieving
Independence and should be disbanded as a political
party after the Independence of India.
The above comment was made by Sir Ivor Jennings

on the provision for protection o f Minorities in
Indian Constitution.
The above statement that “Constituent Assembly
was congress and congress was India” was made by
the famous historian Granville Austin.
The total number of women members in the
Constituent Assembly was 15. The were –
1. Ammu swaminathan
2. Annie Mascarene
3. Sarojini Naidu
4. Dakshayani Velayudan
5. Durgabai Deshmukh
6. Hansa Mehta
7. Kamla Chaudhary
8. Leela Ray
9. Malati Chowdhury
10. Rajkumari Amrit Kaur
11. Renuka Ray
12. Pumima Banerjee
13. Begum Aizaz Rasul
14. Sucheta Kripalani
15. Vijaylakshmi Pandit
The States and the Central Government derive

power from the Constitution of India, which is the
source of the powers of the Central and state
governments. The President, the Prime Minister and
the Parliament of India, all find mention in the
Constitution itself.
Foreign Impact on the Constitution

The idea of the Preamble was borrowed from the
Constitution of United States. Whereas the lanugage

of Preamble was borrowed from the constitution of 
Australia.
Th f “A i fS ”i h I di
The concept of “A union of States” in the Indian

constitution has been derived from the British North
American Act, 1867. According to Article 1(1) of the
Indian constitutino. “India that is Bharat, shall be a
Union of States”. According to ‘Constituent
Assembly Debates’ vol. VII, “The Drafting Committee
considers that following the language of the British
North American Act, 1867, it would not be
inappropriate to describe India a Union although its
consititution may be federal in structure.
The Constitution o f India is federal in nature. The
concept of Federal System in our Constitution is
inspired from the Constitution of Canada.
The concept of “Judicial Review” in Indian

Constitution has beed adopted from the Constitution
of the United States. Judicial review is the power of
the courts to examine the action of the legislative,
executive and administrative arms of the
Government and to determine whether such actions
are consistent with the Consitution. Actions judged
inconsistent are declared unconstitutional and
therefore null and void.
The constitution of India adopted the process of
‘Judicial Review’ from the U.S. Constitution which is
not applicable in the British Parliamentary System
while rest of the options are applicable to both the
Parliamentary sy stems.
The system of Judicial Review exists in both India
and U.S.A.
The scope of Judicial review is limited in India. As
decided in the Kesavananda Bharathi case (1973), the
basic structure doctrine forms, the basis of power of
the Indian Judiciary to review and strike down
amendments to the Constitution of India.
The characteristic of “Federal Court for
Interpretation of Constitution” is common in both
Indian and American federal systems while in the
United States three is one judicial system at the
Union level and other at the State level. The Three
list is also not present in the U.S. Constitution. The
Indian Constitution provides single citizenship
however, U.S. Constitution provides dual citizenship.
The concurrent list is borrowed from the
constitution of Australia. In this list, the items are
included on which both Union and State have right to
make law. It is in the seventh schedule of the
Constitution which originally included 47 item. (now
increased to 52 items as Item No: 11A, 17A, 17B, 20A,
33B were added through amendments.)
Pocket Veto is an indirect veto of a legislative Bill by
an Executive through retention of the Bill unsigned
 until after adjournment o f the legislature. The 
President of India and the American President both

http://studyforcivilservices.com/2019/02/18/english-medium-full-indian-polity-summary-complete-general-knowledge-gk-gs-revision-notes-gist-ncert-laxmikant-polity-upsc-ias-pcs-uppsc-upsssc-ssc-bpsc-mppsc-cg… 10/121
President of India and the American President both
posses pocket veto. The American can President is
bound to return the Bill within 10 days if he refuses
his assent, whereas there is no such time limit in the
Indian Constitution for the President of India. The
residuary powers are vested in the Center in India
and in the States in USA. All the members are
directly elected to the upper House of the USA while
in the upper house of the Indian Parliament 12
members are nominated by the President.
The government system of India and American is
federal. The United States of America is a federal
republic consisting of 50 States hoever India is a
Union of 29 States and 7 Union Territories. Article 1 o
f Indian Constitution declares it as the Union of
States. A federal systems is one in which there is a
separation of powers between the organs of State.
Bothe, Indian Constitution and the Constitution of
the United States provide for separation of power.
Some of the Constitution experts called the Indian
Constitution having unitary nature because at the
time of emergency it provides a strong center, but
the reality is that Indian Constitution is of federal
nature having some unitary features.
The inclusion of Directive Principles of State Policy
in the Indian Constitution is inspired by the Directive
Principles given in the Constitution of Ireland. These
provisions are mentioned in Part IV (Article 36 to
Article 51) of the Constitution. The Directive
Principles of State Policy are not enforceable in a
Court of law, but the principles laid do wn there are
considered fudnamental in the governance of the
country making it the duty of the State to apply these
principles in maing law to establish a just society in
the country.
The concept of formation of Rajya Sabha by
representation to talent, qualification, experience
and service is influenced by the Irish Republic.
Fundamental Rights – S. Bill of Rights
Directive Principles of State Policy – Irish
Constitution
Cabinet Government – British
Constitution
Union-State Relation – Canadian Constitution
Cabinet Government – Canadian Constitution
Fundamental Rights – United States
Parliament System – Great Britain (U.K.)
Emergency Provisions – Germany (Weimar
Constitution)
Directive Principles of States Policy Ireland
Rule of Law – England
Procedure established by Law – Japan
 
Reserving of bill by Governor for President’s

Reserving of bill by Governor for President s
consideration – Canada
Concurrent list – Australia
The Indian Constitution is the longest written
Constitution of the World. It has 395 Articles, 12
Schedules, and 22 Parts. The chapter on
Fundamental Rights has been borrowed from the
Constitution of U.S.A., but this is not the only reason
responsible for lengthy Constitution.
Fundamental Rights have been incorporated in Part

III, Article-12-35 of the Indian Constitution. This
Provision has been borrowed from the Constitution
of United States of America. It includes- Right to
Equality (Art 14-18), Right to Freedom (Art 19-22),
Right against Exploitation (Art 23, 24), Right to
Freedom of Religion (Art 25-26), Culture and
Educational Rights (Art 29, 30), Right to
Constitutional Remedies (Art 32). The concept o f
Vice President’s Powers and establishment o f
Supreme Court has also been taken from the
Constitution of United States of America.
The concept of Fundamental Duties i s borrowed or
inspired from Russian Constitution and was added in
our Constitution by 42 Amendment of 1976. The
recommendation for Fundamental Duties was made
by Swaran Singh Committee.
Articles and Scheldules in the Constitution o f India

Originally, there were 22 Parts, 395 Articles and 8
Schedules in the Constitution of India. The
Constitution in recent from consists of 448 Articles
in 25 Parts, 12 Schedules.
There are 12 Schedules in our Constitution.
Originally there werer only 8 Schedules but 4
Schedules were added by Amendment Acts. 9th
Schedule was a dded by 1st amendment in 1951,
related to Land Tenure, Land Tax and Railways. 10th
Schedule was added 52nd amendment in 1985 which
contains provisions of di squalification on the
grounds of defection. 11th Schedule was added by 73rd
amendment in 1992 and it contains provisions of
Panchayati Raj. 12th Schedule was added by 74th
amendment in 1992 which contains provisions of
Municipal Corporation.
The Constitution of India was originally divided into
22 parts, but 4 new Parts have been added by
amendments. These parts are – Part IVA for
Fundamental Duties, Part IXA for Panchayats, Part
IXB for Co-operative Societies, Part XIVA for
Tribunals. Part VII which was related to Part B States
has been repealed by 7 Amdendment Act of 1956.
Thus the actual number of Parts in the Constitution
is 25, bu the numbering of Parts of the Constitution is
 
22.
F ti fN St t 3 f th C tit ti f
Formation of New States – 3 of the Constitution of

India
Citizenship – Part-2 of the Constitution of India
Fundamental Rights – Part -3 of the
Constitution of I ndia
Setting of Administrative Tribunals – 323-A of
Constitution of India
Provisions relating to Citizenship are contained in
Part II of the Constitution (Article 5 to 11)
In 1992, the 73rd and 74th Constitutional Amendment
were passed by the Parliament. 73rd Amendment is
about Rural Local Government (known as Panchayati
Raj Institution). 74th Amendment is related to Urban
Local Government (Nagarpalika). 73rd Amendment
introduces three tier Panchayat System in Part 9 of
the Constitution. At the base is Gram Panchayat
covering a village or groups of villages. The
Intermediary level is the Mandal or Taluka
Panchayat. The intermediary level body need to be
constituted in smaller states having a population less
than 20 lakhs. At the Apex is the Zila Panchayat
covering the entire area of the District.
The provision relating to Fundamental Duties is
included in Part IV-A which was inserted in the
Indian Constitution in 1976.
Part XI of the Indian Constitution deals with the
relation between Union and States. Chapter 1 of Part
XI is about distribution of legislative power between
Union and states whereas chapter 2 deals with
adminitrative relations between them. Part XII deals
with Finance, Property, Contract and suit.
First Schedule – This lists the states and
territories of India.
Second Schedule – This lists the salaries of
officials holding public office, Judges and CAG.
Third Schedule – Forms of Oaths or Affirmations
Fourth Schedule – This details the allocation of
seats in the Rajya Sabha.
The Third Schedeule of the Indian Constitution deals
with forms of oaths affirmation to be made by the
following –
A Minister for the Union
A candidate for election to Parliament
A member of Parliament
The Judges of the Supreme Court and the
comptroller and Auditor-General of India
A Minister for a state
A candidate for election to the legislative of a state
 
A member of the legislature of a state

A member of the legislature of a state
The Judges of a High Court
The form of oath for Prsident of India has been given
in Article 60 of the Constitution.
Schedule Subject
4th – Allocation of Seats in Council of States

6th – Tribal Areas
7th – Distribution of Legislative Powers
8th – Language
9th – Land Reforms
10th – Disqualification of ground of defection
Union List – 97 entries

State List – 66 entries
Concurrent List- 47 entries
The lasw related to Land Reform and Zamindari
Abolition have been given Constitution protection by
Schedule 9 of the Constitution which was inserted by
the first Amendment in June 1951.
Criminal Laws including all matters included in the
Indian Penal Code are the subjects of Concurrent
List, while Police, is the subjects of State List Foreign
Affairs, Radio and Television are the subject of Union
List.
Stock Exhange and Post Office saving Bank are the
subjects of the Union List while Public health is a
subject of State List. Forest is the subject of the
Conrurrent List (initially it was the subject of State
List).
Population Control and Family Planning is the
subject of Concurrent List (Entry No. 20-A added by
42-Amendment Act 1976) and Public Health and
Sanitation (Entry-6), Treasure Travel (Entry-44) and
Per-Person Tax are State List subjects.
There are 52 Subjects defined and enlished uner List-
III of the 7th Schedule of the Constitution of India,
which from the joint domain of both the State
Governments and the Union Territories of India as
well as the Central Governor of India. Initially,
Education was the subject of State List (Entry no. -11),
but under 42nd Amendment of the Constitution, 1976
Education became a concurrent list subject which
enables the Cenral Government to legislate on the
subject of Education.
The tenth Schedule which contains Anti-defection
law was added by 52nd Amendment Act (1985) in the
Indian Constitution. It contains provision regarding
Anti-defection Law and lays down the process by
 
which legislators may be disqualified on the ground

which legislators may be disqualified on the ground
of defection.
Education, Electricity, and Forest are the subjects of
Concurrent List while Railway Police is the subjects
of State List.
Entry 5 of the State List in 7th Schedule provides for
Local Government (Panchayati Raj).
Criminal Procedure is the subject of Concurrent List
in the 7th Schedule while Public Order, Prisons, and
Police are in the State List.
Marriage, Divorce and Adoption are the subjects of
List III i.e. Concurrent List as Entry no. 5 related to
VII Schedule.
The railway is a subject of Union List, but Railway

Police is the subject of State List. Corporation Tax and
Census are under Union List, but the Economic and
Social Planning is the subject of Concurrent List.
Land Reforms is the subject of State List. “Land
Reform Act have been added to Schedule IX of the
Constitution” by 1st Amendment Act (1951) to provide
Constitutional protection to states on matters of
Reform Acts.
Special provisions are laid down by the fifth and sixth
schedule in the constitution of India to protect the
interests of Schedule Tribes.
Schedule V of the Constitution provides for
administration and control of Scheduled Areas and
Scheduled Tribes except in the States of Assam,
Tripura, Meghalaya and Mizoram. The provision of
administration of tribal areas in these States is
provided in the VI Schedule of the Constitution.
73rd Amendment 1992 added a new Part IX to the
Constitution titled “The Panchayats” covering
provisions from Article 243 to 243 (O); and a new 11th
Schedule covering 29 subjects for the functioning of
the Panhayats.
Article 312 of the Indian Constitution provides for
“All India Services.” If the Council of States had
declared by the resolution supported by not less than
two-third of the members present and voting that it
is necessary or expedient in the National interest for
the creation of one or more “All India Serices,”
Parliament may be law provide for one or more All
India
According to Article 117, special provision as to
Financial Bills are made as, “A Bill or Amendment
making provision for any of the matters regarding
the imposition, abolition, remission, alteration or
regulation of any tax shall not be introduced or
moved except on the recommendation of the
 President and a Bill making such provision shall not 
be introduced in the Council of States ” Provided that

be introduced in the Council of States. Provided that
no recommendation shall be required under this
clause for the moving of an amendment making
provision for the reduction or abolition of any tax.
Part XV (Article 324-329) is related to “Elections”

according to Article 324 (2), the Election Commission
shall consist of elections the Chief Election
Commissioner and a such number of other
Commissioners as the President may from time to
time fix. Its main fuctions is superintendence,
direction, and control of elections. The provision of a
Supreme Court is in Article 124, Union Public Service
Commission is in Article 315 and Advocate General is
in Article 165. While 351 is related to Directive for the
development of Hindi Language.
The Separation of Judiciary from the executive is
given in Article 50 while Article 48 provides for the
organization of Agriculture and Animal Husbandry.
Article 5 contains provisions for Citizenship. Article
124 is for the establishment of Supreme Court,
Article 245 is related to distribution of powers
between Union and States Legislature, and Article
352 is related to Proclamation of Emergency.
Article 2 – To admit new states by law
Article 14 – The right to equality
Article 22 – Protection against arrest and
detention
Article 111 – President to assent to Bills
Article 36 – Directive Principles for State Policy
Article 74 – Council of Ministers
Article 368 – Procdeure for Amendment of the
Constitution
Article 54 – Election of the President
Article 75 – Appointment of Prime Minister and
the establishment of Council of Ministers
Article 155 – Appointment of Governor
Article 164 – Appointment of Chief Minister of
States and establishment of their Council of
Ministers
Article 170 – Contains Provision for the
composition of State Legislative Assemblies
Article 368 – Constitutional Amendment
Article 280 – Finance Commission
Article 360 – Financial Emergency

Article 312 – All India Services 
Article 323-A – Administration Tribunals

Article 323 A Administration Tribunals
Article 324 – Election
Article 330 – Reservation of seats for Scheduled
Castes and Scheduled Tribes in Lok Sabha
Article 320 – Functions of Public Service
Commissions
Article 148 – Comptroller and Auditor General of
India
Article 315 – Union Public Service Commission
Article 352 – Proclamation of Emergency is
provided in the Article
Article 17 – Abolition of untouchability
Article 78 – Duties of Prime Minister regarding
furnishing of information to the President
Article 192 – The decision on questions of
disqualifcation of members of the House of the
Legislature of a State.
Article 131 – Jurisdiction of Supreme Court
Article 215 – High Courts to be Courts of Record
Article 222 – Transfer of Judges from one Hight
Court to another High Court
Article 226 – Writ Jurisdiction of High Cc—it
Article 227 – High Court’s power of
Superintendence over all Courts
Article 14 – Equality before Law
Article 40 – Right to Work
Article 42 – Just and Humane conditions of
Article 45 – Free and Compulsory Education for
Children
Constitution Subject
Part IX – Panchayats
Part VIII – Union Territories
Part IV-A – Fundamental Duties
Part IX-A – Maunicipalties
Part IX-B – The Co-operative Society
Part XIV-A – Tribunals
Part V – The Union
Part XVIII – Emergency provision
Part XV – Election
Part XVI – Special provision in relation to certain
classes
Part XVII – Official Language
 
The Preamble
The Preamble
The Indian Constitution starts with the preamble
which outlines the main objectives of the
Constitution. The Preamble describes the nature,
objectives, and ideals of Indian political system. It
also contains a date on which the Constitution was
adopted, i.e. 26 November, 1949. The term “X” stands
for the adoption date.
Constitution o f India came into force on 26-January,
1950. The exact Constitutional status on 26-01-1950
was ‘A SOVEREIGN DEMOCRATIC REPUBLIC.’ The
word Socialist, seular and integrity were added by
the 42nd Amendment of the Constitution, 1976.
There was no unanimity in the Constituent
Assembly about the name of the country. Some
member suggested the traditional name “Bharat”
while others advocated the modern name “India.”
Hence the Constitution of India contains bott.
According to Article 1 – “India, that is Bhartat, shall
be a Union of States.”
The Preamble to the Indian Constitution as
amendment by the 42nd Amendment in 1976 is – We
the People of India, having selemnly resolved to
constitute India into Sovereign, Socialist, Secular,
Democratic Republic….” The word ‘People’s’ is not
mentioned in the Preamble of Indian Constitution.
This particular word has been mentioned in the
Constitution of China.
The Preamble of the Constitution Contain the word

‘Secular which was added in the Preamble by 42nd
Amendment 1976. Thus, it declares the Indian States
as Secular State.
The Objectives Resolution moved by Jawaharlal
Nehru on 13 Decembe, 1946 was unanimously
adopted by the Constituent Assembly as the
Preamble of the Constitution on 22 January, 1947. In
the case of Kesavanand Bharati (1973), the Supreme
Court held that the Fundamental Rights, like other
parts of the constitution were subjected to
Amendments by the Parliament provided the
Amendments do not destroy the Basic Structure of
the Constitution as started in the Preamble. It is
notable that it is non-justiciable i.e. its provisions
can’t be enforced in a court of Law. It cannot override
the provision of the Constitution.
In 1976, the Preamble to the Constitution was
modified by the 42nd The characterization of India as
‘Sovereign Democratic Republic’ changed to
‘Sovereign Socialist Secular Democractic Republic.’
The words ‘Unity of the Nation’ was changed to
‘Unity and Integrity of the Nation.’
The Preamble embodies the basic philosophy and
 fundamental values on which the constitution is 
based The Preamble is aimed to secure all its

based. The Preamble is aimed to secure all its
citizens (1) Justice-Social, Economic, Political (2)
Liberty of Thought, Expression, Belief, Faith and
Worship (3) Equality of Status and Opportunity (4)
Fraternity assuring the Dignity of the Individual and
Unity and Integrity of the Nation.
Republic means a state in which supreme power is
held by the people and the Head of the state is
elected by people through election. In case of India,
the Head of the State is elected by indirect election
i.e. thro ugh elected representative. Hence India is a
Republic.
The Preamble to the Constitution starts with the
words – “We the People of India….” These words
indicate the Sovereignity of People or citizens of
India. It means that peoples of India are not governed
by any external power but are directed by the
Constitution.
The Preamble of the Constitution of India embodies
the LEBERTY of through, expression, belief, faith and
worship but does not include economic liberty.
“All persons completely and equally are human” this
principle is knonw as “Universalism.” According to
this principle, every person is entitled to Human
Rights without any discrimination among them.
The Preamble of the Constitution of India mentions
JUSTICE (social, economic and political) whereas the
word Religious Justice is not present in the Preamble.
The Indian Constitution embodies the positive
concept of Secularism. Secularism in India means
equal treatment of all the religions by the State.
The words ‘Socialist’ and ‘Secular’ were not the part
of Preamble of the Constitution at the time of its
commencement in 1950. By the Amendment (42nd)
in 1976, these words were inserted in the Preamble.
This 42nd Amendment Act came into force on 03-01-
1977.
Bhimrao Ambedkar in 1947 became the Chairman of
the Drafting Committee of the Constituent Assembly
of India. Ambedkar was a staunch Constitutionalist.
He believed that a government must be
Constitutional and that Constitution must be treated
as basic and sacred document.
In the case of S.R. Bommai Vs. Union of India, 1994,

the Supreme Court held that the Preamble is an
integral part of the Constitution. In the case of
Kesavanand Bharti Vs State of Kerala (1973), a bench
of 13 Judge of Supreme Court recognized Preamble as
the Basic Structure of the Constitution.
The Principle of equality is largely confined to the
test of eradicating special privileges. This was
 
evident in the fact that calls for formal equality were
first made in the hope of breaking down the
first made in the hope of breaking down the
hierarchy of ranks and orders which had survived
form fedral times. Privileges granted to one class of
persons on grounds of gender, colour, creed or
religion ar widely regarded as irrational prejudices
which fall contrary to the principle of equality.
Social Equality has been guaranteed in our
Constitution under ‘Right to Equality’ in Article 14 to
18. The Preamble to the Constitution also aims to
ensure social equality.
The Governance System

The state has four essential elements: Population,
Territory, Government and Sovereighty. Among all of
them, Sovereignty is the most important element.
India, before 1947 was not a state because though it
had the other three elements, i.e., population,
territory and government, the fourth and the most
important one, i.e., Sovereignty was missing
(because of British control over India).
The State is everywhere: it leaves hardly a gap”. This
statement explains the concept of a welfare state.
The Presidential form of Government is not a feature
of the Indian Consitution Parliamentary
Government, Independent Judiciary and Federal
Governor are the characteristics of the Indian
Constitution.
Parliamentary system of Government is also known
as cabinet form of government or responsible
Government. This type of Government is responsible
to the pupular House of Legislature and remains in
power till it has the majority in that House. Thus,
Cabinet form of Government is a mechanism to
ensure collective responsibility of the Government
to the people.
Red Tapism refers to exessive regulation which

hinders or prevents action or decision-making. Thus,
it is not a feature of good governance. On other hand,
accountability, transparency and rule of law are
features of good governance.
In Report 12 (Citizen-Centric Administration: The
heart of Governance) of the second Administrative
Reforms Commission barriers of good governance in
India have been identified. It also describes the pre-
conditions for good governance.
A Parliamentary system of Government is a system
of democratic governance in which the executive
branch derives its democratic legitmacy from and is
held accountable to the Legislature (Parliament).
Therefore, the Executive (Council of Ministers) is
responsible to the Lok Sabha (House of the People).
 
In a Parliament System of Government the

In a Parliament System of Government, the
Executive is controlled by the Legistature.
In Presidential form o f Government, all the
executive powers are vested in the President who
serves as both head of the state and head of the
Government.
One of the main advantages of the parliamentary
form of the Government is that executive remains
responsible to the Legislature. This results in the
fomation of a responsible Government. In such a
Government system the Executive derives its
legitimacy from the Legislature.
The cardinal features of the political system in India
is that it is a democratic republic, where the supreme
power is vested in the People of India. India has a
Parliamentary form of Government however, it does
not provide for a unified authority but makes a
Separation of powers between Union and States.
The Philosophy and ideals of the Constitution are
reflected in the Preamble of Contitution. India is a
democractic republic committed to provide equality
of opportunity and status. The Preamble describes
socialist state as an ideal to be realised by India. To
provide for political equality, India has adopted the
principle of ‘Adut Franchise’. Communist state
however is not the philosophy of the Constitution of
India.
According to the Constitution, India is a Sovereign,
Socialist, Secular, Democractic, Republic. The
architect of Indian Constitution provided for a
welfare State by the provision of Directive Principles
of state policy.
There is Rule of Law in India. India has a democratic
Government which is opposite to authoritarian
Government. After every five-years, peoples of India
elect their representatives who constitute a
Government following the Constitution of India.
The Welfare State is concept of Government in
which the State plays a key role in the protection and
promotion of the social and economic well-being of
its citizens. It is based on the principles of equality of
opportunity, equitable distribution of wealth, and
public responsibility for those unable to avail
themselves the minimum provisions for a good life.
The basic feature of the Presidential Government is a
single Executive. In such Government, the power is
centralized.
The democracy of India is based on the fact that
People have right to elect their representatives, who
form the Government. It is a political system where
people are supreme, and have freedom to choose
and change government at the time o f election.
The Indian Constitution is considered as a
combination of flexibility and rigidity as it is partially
 rigid and partially flexible. Some of its provisions 
may be amended by simple majority and some of the

may be amended by simple majority, and some of the
provision need two-third majority under Article 368
for Amendments. Even after the special (2/3)
majority, some of them need ratification by at least
50% of the Legislatures.
Democracy requires the participation of the people

who are at the helm of the Government in that they
have to choose the right person to represent them.
Participation develops awareness and enriches them
with information required to make decisions. The
onus of the success of democracy is directly relatedd
to the quality of decision made by people. Thus the
virtue of democracy lies in the fact that it builds on
the wisdom and character of common people.
In the absence of written Constitution, the British
Parliament is a Sovereign body while the Indian
Parliament is subject to the Constitution of India. Its
powers are not absolute in the British sense of the
term. The Supreme Court has the power of judicial
review. It can declare any legislative action which is
inconsistent with Basic Structure of the Constitution
of India as null and void.
The democratice Governments are classified into
two categories – Unitary and Fedral. In a unitary
Constitution, all the powers are concentrated to a
Central authority. The States are subordinated to
such central authority. In a federal Constitution,
there is a distribution of power among the Centre
and the States. States are not subordinates of the
Centre. In Indian Constitution, there is a provision
for the deistribution of powers between Union and
States in the 7th Schedule, so it is called a Federal
Constitution.
The Indian Constitution is considered as a
cmbination of fexibility and rigidity as it is partially
rigid and partially flexible. Some of its provision may
be amended by simple majority, and some of the
provisions need two-third majority under Article 368
for Amendments. Even after the special (2/3)
majority , some of them need ratification by at least
50% of the State Legislatures.
Democracy requires the participation of the people
who are at the help of the Government in that they
have to choose the right person to represent them.
Participation develops awareness and encriches
them with information required to make decisions.
The onus of the success of democracy is directly
related to the quality of decision made by people.
Thus the virtue of democracy lies in the fact that it
builds on the wisdom and character of common
people.
In the absence of written Constitution, the British
Parliament is a Covereign of India. Its powers are not

absolute in the British sense of the term. The 
Supreme Court has the power of judicial review. It
can declare any legislative action which is
can declare any legislative action which is
inconsistent with the Basic Structure of the
Constitution of India as null and void.
The democratic Governments are classified into two
categories – Unitary and Federal. In a unitary
Constitution, all the powers are concentrated to a
Central authority. The States are subordinate to such
central authority. In a federal Constitution, there is a
distribution of power among the Centre and the
States. States are not subordinates of the Centre. In
Indian Constitution, there is a provision for the
distribution of powers between Union and States in
the 7th Schedule, so it called a Federal Constitution.
India is not a complete Federal system because some

provisions in Indian Constitution give it a unitary
character. However, a number of Constitutional
experts accept it as a federal state as there is a
separation of powers between Union and States. K.C.
Wheare discribe Indian Constitution as ‘Quasi-
Federal’.
The President of India is elected by indirect election.
Parliamentary system in India has been combined
with republicanism as the Head of the State is
President. As in a Republic, there is no hereditary
ruler, and allthe representatives and other
authorities are elected by direct or indirect election
by the people of India.
The farmers of the Constitution adopted the federal
system due to two main reasons; the large size of the
country and its socio-cultural diversity. There is no
unanimous view among the constitutional experts
regarding the nature of the Constitution. Granville
Austin describes Indian Constitution as Cooperatve
Federalism while K.C. Wheare describes it as Quasi-
Federal.
Democracy protects the Individual rights and
increase the self-respect and dignity of women, poor,
Dalits and minority groups. So, they are the biggest
stakeholders of democracy of India.
Herbert A Simon rejected the ‘principle of
administraton as myth and proverbs’ while Dwight
Waldo, Frank Marini and F.W. Riggs accepted
administration as myth and proverbs.
The Indian Constitution is the longest written
Constitution of the world. It is so because it contains
all the matters and related provisions for the Union
and as well as for the States.
C. Wheare was of the opinion that Indian
Constitution is a Quasi Federal Constitution. He said
that Indian Constitution establishes good balance
between rigidity and flexibility because there exists
variety in the amending process. Some provisions of
 the constitution can be amended only by simple 
majority and some by special majority Therefore it

majority and some by special majority. Therefore it
can be termed as a good balance between rigidity
and flexibility.
B.R. Ambedkar accepted that the Indian Constitution
had not been set in the tight mould of federalism and
it contains both federal and unitary characteristics.
Indian has a Parliamentary form of Government, not
Presidential form of Government. President is only
the formal head of the Government. In other words,
he is a nominal executive. The real executive being
the Council of Ministers headed by the Prime
Miniser. Indian Constitution adopted a form of
secular State and federal systems.
Constitution is the source of power of a
Constitutional Government. Constitution imposes
certain limitations upon the Government in the
interest of People. Constitutionalism has evolved to
protect public interest and liberty from the
autocratic power of Government. The institutional
mechanism remains present in Constitutional
Governments to protect citizen’s liberties.
The National Emblem

Tiger (Panthera Tigris Linnaeus) is the national
animal of India. To improve the descreasing
population and to product tigers, the Tiger
Conservation Project was started in April 1973.
Lotus is the national flower of India which is the
emblem of Indian Culture. Its scientific name is
Nelumbo Nucifera.
The National bird of India is Peacock. Its scientific
name is Pavo Cristatus. It is notable that Banyan is
the National tree, Mango is the national fruit,
‘Satyamev Jayte’ is national motto taken from
Mundaka Upanishad and inscribed in the script at
the base of the National Emblem which has been
adopted as National Emblem from Lion Capital of
Ashoka erected at Sarnath, Varanasi. Ganges River
Dolphin is the national aquatic animal of India.
The wheeel on a white strip of National Flag having
24 spokes is adopted from Ashok Chakra which is a
depiction of Dharmachakra represented with 24
spokes. It symbolizes the wheeel of Law.
‘Jan Gana Mana’ is the National Anthem of India and
its formal rendition takes 52 seconds while a
shortened version consistting first and the last takes
20 seconds to play.
States and the Union Territories

Article 2 of the Indian Constitution empowers the
Parliament to from a new State by separation on
territory from any State or by uniting two or more
 States or parts of States. Indian Parliament under the 
Constitutional provisions of Article 2 has the power

Constitutional provisions of Article 2 has the power
to admission or establishment of new States.
Accroding to Article 1 of the Indian Constitution,
India, that is Bharat shall be a Union of States. The
territory of India shall comprise (1) States (2) Union
Territories (3) such other territories as may be
acquired. The name and territories of the States has
been specification in the First Schedule.
The Parliamentary by law with a simple majority
form a new State and no special procedure as in the
case of and amendment to the Constitution is
required. According to the Article4 (2, such law shall
not be deemed to be an Amendment to the
Constitution for the purpose of Article 368.
Under Article 3 of Indian Constitution, Parliament
has the power to increase the area of any State,
diminish the area of any State, alter the boundaries
of any State and alter the name of any State but
explanation 1 of Article 3 clearly says that in this
Article in clause (a) to (e) “State” include a Union
Territory but in the provision, “State” does not
include Union Territory.
According to Article 239(1)- Save as otherwise
provided by the Parliament by law, every Union
Territory shall be administered by the President
acting to such extent as he thinks fit, through an
administrator to be appointed by him with such
designation as he may specify.
As per Dr. Ambedkar, the States have no right to

separate from the federation. In the Chairmanship of
S.K. Dhar, a Commission was formed in 1948 to find
feasibility of organisation of States on linguistic
basis. The Commission rejected this and
recommended reorganisation of States on the basis
of administrative viability rather than linguistic
affinity. In December, 1948 a committee, consisting
of J.L. Nehru, Sardar V. Patel, and P. Sitaramaya was
formed (known as JVP committee) and the JVP
committee also rejected the linguistic basis for
reorganisation of state.
Accroding to Article 81 (As amended by 31
Amendment, 1973 and Goa, Daman and Diu
Reorganisation Act, 1987) the maximum strength of
the House of People envisaged is 552 out of which
530 members to represent States and 20 members to
represent the Union Territories. According to Article
331, if the community of Anglo-Indian has not an
adequate representation in the House then the
President may nominate 2 members. Presently, the
seats for UT is 13 (Delhi-7, Andaman and Nicobar-1,
Dadra and Nagar Haveli-1, Daman and Diu-1,
Chandigarh-1, Lakhsdweep-1, Puducherry-1) while in
Rajya Sabha is 4 (Delhi-3, Puducherry-1).
 
The power to admit or establish a new State in the

The power to admit or establish a new State in the
Union of India is vested in the Parliament.
On the recommendation of Fazal Ali Commission
which was consisted for Reorganisation of the State
after Independence, 14 States and 6 Union Territories
were fomed. Andhra Pradesh was the first State to be
formed on linguistic basis on 1 October, 1953.
First Schedule of the Constitution comprises the
States and the Union Territories. Whenever a new
State is to be formed, the first schedule will need to
be amended.
There are 7 Union territories and 29 States in India.
Delhi is a Union Territory according to the 1 Schedule
f the Constitution. Officially, it is also known as the
National Capital Region and has been given the
special status among the Union Territories by the
69th Amendment Act, 1991.
The first Schedule of the Constitution lists the names
of the Union Territories and the States of India. There
are 29 States and 7 UTs.
Dadra and Nagar Haveli were under Portuguese
Rule. The Portuguese rule lasted until 1954, when
Dadra and Nagar Haveli were occupied by supporters
of Indian Union.
The capital of Andhra Pradesh has not been changed
till now after Indepence, while the names of
following capital cities have been changed –
States Capital’s Capital’s Current

Previous
Tamil Nadu Madras Chennai
West Bengal Calcutta Kolkata
Maharashtra Bombay Mumbai
Pondicherry Pondicherry Pudicherry
Karnataka Bangalore Bengaluru
Kerala Trivandrum Thiruvananthpuram
After formation of Telangana- Hyderabad became

the capital of both the States for 10 years. After that
Amaravati will be the new capital of Andhra Pradesh.
Sikkim, the north-eastern State of India became the
22nd State by the 36th Amendment to the
Constitution in 1975. In 1974, the Sikkim Assembly
passed a Government of Sikkim Act, 1974, which
paved the way for setting and sought Sikkim’s
representation in the political institutions of India.
India also passed the 35h Amendment Act 1974
which inserted a new Article 2A (Sikkim to be
 Associate State) and As 36th Amendment Act (1975) 
integrated Sikkim as the full-fledged state of India

integrated Sikkim as the full fledged state of India
(22nd State).
The power to form a new State by separation of

territory from any State has been given to the
Parliament under Article 3 of the Constitution.
On November 9, 2000 the State of Uttarakhand was
formed as the 27th State of India.
State Formation Year
Nagaland 1st December, 1963

Haryana 1966
Sikkim 16 May, 1975
Arunachal Pradesh 20 February, 1987
Meghalaya 21 January, 1972
Andhra Pradesh 1953
Himachal Pradesh 1971
Rajasthan 1956
Maharashtra 1960
The State of Mysore was renamed as Karnataka by
Mysore State (Alternation of Name) Act, 1973 while
Goa was separated from Daman and Diu in 1987,
State of Bombay was bifercated into Gujarat and
Maharashtra by Bombay, Reorganisation Act, 1960
and Himachal Pradesh which was previously in the
list of Union Territory, became State in 1971.
The United Liberation Front of Assam (ULFA) is a
separatist outfit operating in Assam. It was founded
on 7 April, 1979. It seeks to establish a Sovereign
Assam via an armed struggle. This organization was
banned by the Government in 1990.
‘People’s War Group’ was established by Kondapalli
Seetharamaiah on 22 April, 1980 in Andhra Pradesh.
The Kaveri water dispute is among the States of
Karnataka, Tamil Nadu, Puducherry and Kerala.
The Commission for the reorganisation of States on

the basis of language was established on 29
December, 1953. The commission submitted its
report on 30 December 1955. Fazal Ali was the
chairman of the Commission and K.M. Panikkar and
H.N. Kunzru were its member. On the
recommendation of the Commission’s report, the
State Reorganisation Act, 1956 was passed. Andhra
Pradesh (in 1953) was the first State established on
linguistic basis.

The Citizenship 
The citizenship is mentioned in Part II of the

The citizenship is mentioned in Part II of the
Constitution. The citizenship provisions are covered
under Article 5 to 11 of the Consitution. The
Constitution of India has established a single
Citizenship for the whole of the country.
According to Indian Citizenship Act 1955 (as
amended), the citizenship may be acquired on the
basis of –
1. By Birth
2. Descent
3. Registration
4. Naturalization
5. Incorporation of Territory.
Deposing Money in Indian banks is a commercial

action, not a basis to acquire citizenship as per the
Constitution.
The Central Government made provision for
registering as overseas citizen of India card holder
under Section 7(A) of Indian Citizenship Amendment
Act, 2015. Eligibility to register as an overseas citizen
of India cardholder is –
1. Any person of full age and capacty.
) Whi is a citizen of another country, but was a citizen

of India at the time after the commencement of the
Constitution; or
) Who is a citizen of another country, but was eligible
to become a citizen of India at the time of the
commencement of the Constitution; or
) Whi is a citizen of another country, but belonged to
a territory that became part of India after the 15th day
of August, 1947; o r
) Who is a child or grandchild or a great-grandchild
of such a citizen; or
1. Aperson, who is a minor child of a person mentioned

in clause (a); or
2. A person, who is a minor child, and whose parents
are citizens of India or one of the parents is a citizen
of India; or
3. Spouse of foreign origin of a citizen of India or
spouse of foreign origin of an overseas citizen of
India cardholder registered under section 7-A and
whose marriage has been registered and subsisted
for a continuous period of not less than two years
immediately preceding the presentation of the
application under this section.
 
Article 371-A to 371-I were inserted in the

Article 371 A to 371 I were inserted in the
Constitution of India to meet regional demands of
Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim,
Mizoram, Arunachal Pradesh and Goa. There is
provision of dual citizenship in United States of
America, but Indian Constitution provides single
citizenship. Also, a naturalized citizen may be
deprived of his citizenship subject to the provisions
of section 10 of Citizenship Act, 1955.
The United States has accepted the principle of dual
citizenship. Every citizen enjoys dual zitizenship in
the U.S. firstly as a citizen of the U.S. A. and secondly
as a citizen of the state where e resides.
Articel 11 of the Constitution of India declares that

the Parliament shall have the power to regulate the
right of citizenship by making law. By exercising this
power, Parliament enacted Citizenship Act, 1955
which gives provisions for acquisition and
termination of citizenship. The Central Government
by exercising its power under Section 18 of the
Citizenship Act made Citizenship Rules, 2009 and
Citizenship (Amendment) Rule, 2015.
According to Article 11, only Parliament can make
provisions with respect to the acquisition and
termination of citizenship.
To acquire citizenship by registration under Section
5(1)(a) of Citizenship Act, 1955 the person of Indian
origin must be ordinarily residing in India for 7
years.
Fundamental Rights
The Nehru Report (1928) was in favour of inclusion of
Fundamental Rights in the Constitution of India.
Rights are essential for the complete development of
human beings. The importance of rights has
expanded immediately and has given birth to the
concepts of ‘fudnamental rights’ ‘human rihghts’
etc. Rights impose restriction on the powers of the
state. These are a guarantee against state action.
Thus, rights are claims of the citizens against the
state.
Article 13 of the Constitution grans power of Judicial
Review to the Supreme Court, and High courts in the
case of violation of the Fundamental Rights. The
Supreme Court (Art 32) and High Court (Art 226) in
exercising their power may declare any law or
enactment passed by the Legislature, void or
unconstitutional, on ground of contravention to the
fundamental rights.
The fundamental rights are enforceable by the
Courts, subject to certain restrictions.
 
The fundamental rights are natural and non-

The fundamental rights are natural and non
transferable rights. Fundamental rights can only be
suspended during emergency for which provision
has been given under Art. 358 and 359 of the
Constitutio. Fundamental rights under Article 20 and
21 can never be suspended.
The fundamental rights are guaranteed by the
Constitution of India against state action. These
rights have been enumerated in part III of the
Constitution. Social, Political and Economics Justice
has been ensured by the Directive Principles of State
Policy, not by fundamental rights. These rights are
like the Bill of Rights in U.S.A.
Part III (Art 12-35) of the Constitution enumerates 6
Fundamental Rights which are provided to citizens.
Under Article 14 of the Constitution of India, Equality
before the law has been incorporated. Under Article
14, the state shall not deny any person equality
before the law or the equal protection of laws within
the territory of India on the grounds of relision, race,
caste, sex or place of birth. Art 14 put an absolute
limitation on the legislative power.
The right to equality has been incorporated in Part III
of the Indian Constitution under Article 14 to 18.
Article 14 deals with Right to Equalilty, Article 15
deals with Prohibition of Discrimination on ground
of Religion, Race, Caste, Sex or place of Birth, Article
16 deals with equality of opportunity in the matter of
public employment, Article 17 deals with Abolition
of Untouchability and Article 18 deals with Abolition
of Title. Therfore Article 14, 15 and 16 provides Right
to Equality.
Article 15 is related to the prohibition o f

discrimination on the ground o f religion, race, caste,
sex or place of birth. Clause 5 to this Article
empowers the State to make such special provisions
relating to reservation in admission for Scheduled
Castes or Scheduled Tribes in educational
institutions which include private educational
institutions also, whether aided or unaided by the
State 93rd Amendment enabled the provision of
reservation (27%) for other backward classes in
Government as well as in private educational
institutions.
Article 13 of Indian Constitution makes provision
that pre-constitutional laws and post-constitutional
lasw if inconsisted in part III, shall be void to the
extent of such inconsistency. Article 245 is related to
the extent of laws made by the Parliament and by the
Legislatures of the States. Article 326 is related to the
election of Lok Sabha and Rajya Sabha, and Article 32
is for the Constitutional remedies.
Article 19 belongs to different category as it comes in
 
the category of Right to Freedom. Article 19 deals
with the Protection or certain Rights such as
with the Protection or certain Rights such as
1. Freedom of speech and expression

2. To assemble peaceably and without arms
3. To form association or unions
4. To move freely throughout the territory of India
5. To reside and settle in any part of the territory of
India
6. Topractice any profession, or to carry any
occuaption, trade, and business.
The State can treat uequal differently as equal

protection of law guaranteed by Article 14 does not
mean that all law must be general in character. There
aee reasonable classification varying to the needs of
different classes of persons with the objective of
creating a level playing field in social, economic and
political spheres. But among the equals, the law
should be equal and equally administrated.
The word ‘Socialist’ is in the Preamble. Article 14,
Article 16 and Article 39 (d) together with the
Preamble enabled the court to deduce the right to
Equal pay for Equal work as a fundamental right.
Article 24 of the Constitution is related to the Right

against exploitation of the children. This Article
prohibits the employment of children under the age
of 14 years in any factory, mines or engagement in
any other hazardous employment.
Article 24 of ICCPR (International Conventional on
Civil and Political Rights) protects child against.
Article 17 of Idian Constitution abolished
untouchability.
Eradication of all types of social discrimination
comes under second generation of Human Rights.
First generation of human rights deal with liberty
and participation in political lif. They are
fundamentally civil and political in nature. Third
generation of human rights refer to Group and
collective rights.
Under Section 12 of Civil Rights Protection Act, 1955
the court may presume that any act forming offence
is done on the ground of untouchability, if such
offence is committed in relation to a member of
Scheduled Caste.
Untouchability may be abolished by improving the
education system, making law, and increasing public
awareness but providing jobs/services to people is
 not a proper solution to abolish untouchablity. 
The right against discrimination was amended

The right against discrimination was amended
following the Supreme Court’s verdict in the case of
State of Madras Vs. Champakam Dorairajan. In
Article 15 clause 4 was added by the first Constitution
Amendment (1951) for making special provisions for
advancement of the socially and educationally
backward classes.
Indian Constitution does not give directly right to
freedom of the Press but it is included in Article 19(1)
(a), which provides right to freedom of speech
expression.
Freedom of the Newspapers or Press is not directly
provided by the Constitution but included in Article
19(1)(a) as freedom of speech and expression. In the
case of Sakal Papers Ltd. Vs. Union of India, 1962 the
Supreme Court stated that freedom of the Press is
included in freedom of speech and expression.
Article 19(1)(a) provides the freedom to assemble
peaceably and without arms and u nder Article 19(3)
the state can impose reasonable restriction in the
interest of public order.
The freedom of speech and expression may be
restricted on the ground of sovereignty and integrity
of India, security of State, friendly relation with the
foreign States, public order, decency or morality or
contempt of court, defamation or Incitement to an
offence as enumerated in Article 19(2).
Notably Supreme Court included many other rights
in Article 21 through it’s various judgments. Some of
Important Rights are as follows-
1. Right to Fair Trial

2. Right to Healthy Environment
3. Right to Speedy Trial
4. Right against Solitary Confinement
5. Right against Prioner Torture
6. Right Legal Aid
7. Right against delay in Execution
8. Right against Sexual Harassament in the workplace
9. Right to Shelter
Article 21 of the Indian Constitution is related to the

Protection of ‘Life and Personal Liberty’. Article 19
guarantees the freedom of Speech and Expression.
Article 22 is about protection against arrest and
detention in certain cases.
Article 21 of the India Constitution provdes that – “No
person shall be deprived of his life or personal liberty
except according to the procedure established by
law.” Hon’ble S.C. of India head widened the scope
and urobit of right to life and personal liberty at
 
various occssions.
STUDY FOR CIVIL SERVICES GYAN
In the case of Menaka Gandhi Vs. UOI, 1978 the

Supreme Court held that right to travel abroad is a
fundamental rights and is secured by Article 21.
The right of privacy is not provided as s separate or
expressed fundamental rights under the Indian
Constitution but recongnized as fundamental right
by the virtue of creative interpretation of the
constitution by the Supreme Court. In the case of
Kharag Singh Vs. State U.P and Govind Vs. State of
M.P. the Supreme Court held that conjoint reading of
Article 19(1)(d) and Article 21 gives the right to
privacy.
The right against exploitation, given in Article 23
and 24, provides for two provisions, namely the
abolition of trafficking in human beings and Beggar
(forced labour), and abolition of employment of
children below the age of 14 years i dangerous jobs
like factories, mines,
Article 25 of the Constitution provides freedom of
conscience and free profession, practice and
propagation of religion, and also the right of State to
make any law for social reforms. Carr ying and
wearing of ‘Kripans’ by Sikhs is deemed as right to
freedom of religion by virtue of Exploitation-I of the
Article 25. The right to conversion of religion by
religious bodies of institutes is not provided under
this Article.
Freedom to establish and administer educational
institutions by the minorities is given under Article
30, while Article 29 is related to protection of interest
of minorities.
The right of minorities to establish and admnister
educational institution is provided under Article 30,
while Article 31 was for compulsory acquisition of
property which has been replaced by 44
Amendment.
Article 19 – Right to freedom
Article 26 – Freedom to manage religious affairs
Article 29 – Protection of interest of minority
community
Article 30 – Right of minorities to establish and
administer educational institution
Article 301 is related to freedom of trade, commerce
and intercourse, and not with right to property. Right
to property was a fundamental right under Article
19(1)(f), but the 44th Amendment 1978, this Clause [
19(1)(f)] has been omitted, and Article 300-A has been
is inserted, which provides that no person shall be
pedrived of his property save by authority of law. This
amendment was done at the time of Janta Party
 Government. After that amendment, right to 
property became legal right and ceased to be a

property became legal right and ceased to be a
fundamental right.
Article 32 of the Constitution provides constitutional

remedies against the violation or transgression of
fundamental rights, conferred by Part III. The
Supreme Court shall have the power to issue
directions or orders of wirts, including writs like
Habeas Corpus, Mandamus, Prohibition, Quo
Warranto, and Certiorari, whichever may be
appropriate, for the enforcement of any of the rights
conferred by Part-III. That is why the Supreme Court
has been called as the Guardian of Fundamental
Rights.
The Constitution of India has assigned Judiciary i.e.
the Supreme Court of India and the High Courts, the
responsibility of the potection of fundamental rights.
The most significant of fundamental rights is the
exclusive right to the constitutional remedies under
Art 32 and 226 of the Constitution of India. Thus the
Guardian of fundamental rights is Judiciary.
The Supreme Court of India is the protector of
fundamental rights of citizens and Guardian of the
Constitution of India because through right to
constitutional remedies (Art. 32) it protect the
fundamental rights of citizens. Besides, it interpret as
well as enforce the provisions of the Constitution.
Ambedkar had described Article 32 as “the very soul,
and the heart of the Constitution” as Article 32
provide ad effective remedy against the violation of
fundamenal right enshrined in the Indian
Constitution. The Supreme Court has the power to
issue direction or order or writ for the enforcement
of any of the fundamental rights.
The words ‘Habeas Corpus’ literally means ‘to bring
the body before court.’ By this wirt, the court secures
the body of a person who has been imprisoned or
detained to be brought before the court to obtain
knowledge of reason or grounds for such detention
and to do justice. This writ secures the right of
personal liberty.
Article 16(2) – No person can be discriminated
against in the matter of public appointment on the
ground of race, religion or caste.
Article 29(2) – No person shall be denied admission
into any educational institution maintained by the
State, or receiving State aid, on the grounds of
religion, race, caste, language or any of them.
Article 30(1)- All minorities whether based on
religion or language shall have right to established
and administer educational institution of their
choice.
 
Article 31(1) – No person shall be deprived of his

Article 31(1) No person shall be deprived of his
property save by the authority of law.
The first time the Supreme Court held that the
fundamental rights are amendable was in the case of
Shankri Prasad Vs. Union of India (1951) and Sajjan
Singh Vs. Rajasthan State (1965). In Golaknath case
(1967) the prior decision was reserved, and it was
held that amendment in fundamental rights is not
possible. Again in Keshvanand Bharti case, the
Supreme Court held that the amendment power of
the Parliament is wide enough but not unlimited. It
may amend fundamental rights but not in such way
so as to dstroy the Basic Structure of the
Constitution. This case outlined the power of the
parliament to amend the fundamental rights without
destroying the basic structure of the Constitution.
As the Constitution was originally drafted, the right
to Property was enshrined as a fundamental Right.
But by the 44 Amendment of the Constitution, the
‘Right to Property’ was removed as a fundamental
right, and new provision was added to the
Constitution i.e. Article 300-A. Now it is a legal Right.
The doctrine of the basic structure of the

Constitution owes its evolution in the ratio of the
majority judgement of the Supreme Court in the
landmark case, Keshvanand Bharti Vs. State of
Kerala (1973) which was approved by Minerva Mills
Vs. Union of India (1980).
The Indian Constitution gives Right to Equality (Art.
14-18), Right to Freedom of Religion (Art 25-28) and
Right to Leberty (Art 19-22) but does not provide
Right to Equal Shelter.
At present, the right to property is a legal right Viz.
“No person shall be deprived of his property save by
authority of law”, under Art. 300A, inserted by the
44th
The Right to Information is not given to citizens as a
fundamental right. It is a legal or statuory right
which is provided under Right to Information Act,
2005.
‘Equality before the law or equal protection of the
law’ is guaranteed by the Article 14 which is
given to all persons under the Indian Constitution,
but the ‘Right Against Discrimination’ (Art 15, 16),
‘Right to Liberty’ (Art 19) and the Cultural and
Educational Rights (Art 29-30) are available only to
citizens of India.
In the case of Chameli Singh Vs. State of U.P. 1996, the
Supreme Court has held that ‘Right to Livelihood’
under Article 21 Also includes ‘Right to Shelter’. It
was further started that the right to shelter, does not
mean a mere right to a roof over one’s head but the
 right to all the infrastructure necessary to enable a 
person to live The Supreme Court in the case of

person to live. The Supreme Court in the case of
Satwant Singh Vs. Union of India, held that right to
travel abroad is a fundamental right. The right to
equal Pay for Equal Work is not a fundamental right
but is the constitutional goal, which must be
achieved by every Welfare State.
Right to freedom of speech and expression under
Article 19 and cultural and Educational rights of
minorities under Article 29 are available to Indian
citizens only.
A British citizen staying in India cannot claim ‘Right
to Freedom of Trade and Profession’ because the
Right which has been provided under Article 19(1)(g)
is only to the citizens of India.
The Supreme Court overruled the decision of Hight

Court pronounced in the case of Bijoe Emmanuel vs.
State of Kerala. The court held that the expelling the
children based on their “conscientiously held
religious faith” violated the Constitution of India as
enshrined in Article 19(1)(a) and 25(1). The court said
that “No provision of law obliges anyone to sing the
National Anthem.
The right to constitutional remedies is available to
both citizens of India and non-citizens (foreigners)
but rights to freedom of speech, freely travel
througout the country and to acquire property is
given only the citizens of India.
In a landmark case, Randhir Singh Vs. Union of India,
the Supreme Court held that equal pay for equal
work is not regarded as a fundamental right, but it is
a constitutional goal as per the provisions of articles
14, 16 and 39(c). Article 14 of the Consitution of India
provides for equality before the law. Under Article 16,
a person is entitled to equality of opportunity in
matters of public employment. In the above-
mentioned case, the court held that the principle of
‘Equal Pay for Equal Work’ could be enforced by
courts in the cases of unequal pay scales based on
unreasonable classifications.
Under Article 16(1) and 16(2), the equal opportunity
for all citizens in matters relating to employment or
appoinment to any office under the State has been
ensured.
The Constitution (Eighty-Sixth Amendment) Act,
2002 inserted Article 21-A in the Constitution of
India to provide free and compulsory education to all
Children in the age group of six to fourteen years as a
fundamental right in such as a manner as the State
may, by law, determine. The Right of Children to
Free and Compulsory Education (RTE) Act, 2009,
represents the legislation envisaged under Article
21-A. The RTE Act came into effect on 1 April, 2010.
 
After the 44th Constitutional Amendment (1978)

After the 44 Constitutional Amendment (1978),
fundamental rights of life and liberty (Art 21) can not
be suspended even during National Emergency. If
the National Emergency is declared on the ground of
war or external aggression, the fundamental rights
under Article 19 is automaically suspended. It cannot
be suspended on the grund of armed rebellion.
Article 20(2) says that no person shall be prosecuted
and punished for the same more than once, while
Article punished for the same offence more than
once, while Article 20(3) describes that no person
accused of any offence should be compelled to be a
witness against himself.
Accroding to Article 25, Hindu shall be construed as
including person professing the Sikh, Jain or
Buddhist religion but they do not include Parsis.
Article 22 of the Constitution mention that no
arrested person shall be detained in custody wihout
being informed as sson as may be, of the grounds for
such arrest nor shall he be denied the right to
consult and to be defended by, a legal practitioner of
his choice.
Article 24(4) of the Constitution of India says that no
law providing for preventive detention shall
authorize the detention of a person for a longer
period than three months.
Writ of Habeas Corpus is regarded as the greatest
safeguard of liberty of a person. It calls upn the
person who has detained another to produce the
latter before the court, to let the court on what
ground he has been confined and to set him free if
there is no legal justification for the imprionment.
Sir Ernest Baker has said that “Rights without duties

are like men without shadow.
In the context of India, Rights and Duties are
correltaives. According to Holland, every right
implies the active or passive forbearance by others of
the wishes of the party having the right. The
forbearance on the part of others is called a duty.
Rights and duties are two phages of the same thing.
The Supreme Court h as observed that there may be
a rule which imposes an obligation on a indivudual
or authority and yet it may not be enforceable in
court of law and therefore not give rise to a
correspondig enforceable right in another person.
But it would still be a legal rule because it prescribes
a norm of conduct to be followed by such individual
or authority. Thus, rights and duties are correlative
which gi ve effect to each other.
Directive Principles of State Policy

The purpose of Directive Principles of State Policy is
 to establish social and economic democracy. This 
will help India grow as a welfare state

will help India grow as a welfare state.
Article 36 to 51 of the Constitution of India contain
the Directive Principles of State Policy. The aim of the
Constitution makers was to establish a secular and
democractic state to ensure socio-economic justice.
The Directive Principles of State Policy are diectives
to the Government to implement them for
establishing social and economic democracy in the
country. The provisions contained in these principles
are not enforceable by any court. These principles
have been stated as “Fudnamental in the governance
of the country.”
The ‘Fundamental Duties’ were added as Article 51-A
(Part IV-A) in the Indian Constitution by the 42nd
Amendment 1976 on the recommendation of Swarn
Singh Committee. Fundamental duties ae non-
justiciable in nature as there is no legal sanction
behind them. These duties are not enforceable in the
court.
The concept of a welfare Stae is included in the

Constitution of India in part IV i.e. Directive
Principles of State Policy described in Article 36 to
Article 51 of the Constitution.
The framers of the Constitution were influenced by
the Irish Constitution to add the provisions of
Directive Principles of State Policy in Indian
Constitution.
The idea of India as a welfare State is found in the
Preamble of the Constitution as well as the Directive
Principles of State Policy. The Preamble gives
importance to constitute India into Sovereign,
Socialist, Secular, Democractic, Republic. In the
same way, the Directive Principles guide both Centre
and the State for the establishment of a welfare State.
Directive Principles are non-justiciable which means
they are not enforceable in any court of law in Indi a.
Article 37 of the Constitution says that the Directive
Principles are not enforceable in any Courts of Law
in India, but are fundamental in the governance of
the country. It will be the duty of the State to ensure
that these principles are applied in the legislation of
laws.
Panchayati Raj System in India is laid down under
the Directive Principles of State Policy (Part IV)
under Article 40. According to this article, ‘State
shall take steps to organze village Panchayats and
endow them with such powers and authority as may
be necessary to enable these to function as units of
self-government.
 
‘Equal Pay for Equal Work’ has been ensured in the

Indian Constitution in Article 39(d) enshrined in Part
IV-Directive Principle of State Policy. It says that
there should be equal pay for equal work for both
men and women. It is a fundamental right but a
Constitutioal right. With respect to Art 39(d) of the
Indian Constitution parliament passed Equal
Remuneration Act 1976.
Article 40 – Organisation of Village Panchayats
Article 41 – Right to Work, education and public
assistance in certain cases.
Article 44 – Uniform Civil Code for all citizens
Article 48 – Organisation of Agriculture and
Animal Husbandry
Article 51 in Part IV of the Constitution provides that
the State shall edeavour to –
1. Promte International Peace and Security

2. Maintain just and honourable relatlions between
nations;
3. Foster respect for international law and treaty
obligations in the dealing of organized people with
one another; and
4. Encourage Settlement of International disputes by
arbitration.
“Mahatma Gandhi National Rural Employment

Guarantee Act (MGNREGA)” is an Indian labour law
and social security measure that aims to guarantee
the “Right to Work”. It aims to ensure livelihood
security in rural areas by providing at least 100 days
of employment in a financial year to every
household whose adult member volunteer to do
unskilled manual work. This Act aims to follow the
Directive Principles of State Policy.
Article 43 A of the Constitution of India provides for
participation of worker in management of industries.
As per this article the State shall take steps, by
suitable legislation or in any other way to secure the
participation of workers in the management of
undertaking, establishment or other organization
engaged in any industry.
Article 48 A – Protection and improvement of
environment and safeguarding of forests and
wildlife.
In the above options, except Uniform Civil Services

(Article 44) all were added by the 42- Amendment of
t he Constitution. Article (f): Protection of children
 
and young from exploitation.
A ti l 39(A) E lj ti df l l id
Article 39(A): Equal justice and free legal aid.

Article 43(A): Participation or workers in
management of industries.
The Constitution of India grants right against
exploitation to children, women and tribals, but the
word ‘ Dalit’ is not where mentioned in the Indian
Constitution.
The Directive Principles of State Policy is different
from Fundamental Right as Directive Principles ar
non-justiciable so cannot be enforced in any court of
law, but fundamental Rights are enforceable under
Article 32 and Article 226 of the Indian Constitution.
Prohibition on consuption except for medicinal
purposes of intoxicating drinks and of other drugs
which are injurious to health is mentioned under
Article 47 of the Directive Principles of State Policy
whereas prohibition of trafficking in human beings
and forced labour is mentioned under Article 23(A)
of the fundamental rights.
The fundamental right are justifiable whereas the
Directive Principles of State Policy and Justifiable.
Article 47 – To raise the level of Nutrition and
standard of living and to improve public health.
The Right to Information (RTI) emerges as a legal
right under the Right to Information Act, 2005.
However, Article 39(d) deals with equal pay for equal
work for both men and women and Article 39(a)
deals with adequate means of livelihood. Article 47
states that it will be the duty of state to raise the level
of nutrition and the standard of liveing and to
improve public health.
Article 44 mentioned that the state shall endeavor to
secure for the citizen a Uniform Civil Code
throughout the territory of India.
The Directive Principles of State Policy is a cheque
which is paid on Bank’s convenience was said by K.T.
Shah.
National Social Assistance Programmes was
launched on 15 August, 1995 by the Government of
fulfil the provisions of Directive Principles of State
Policy regarding right to work, to education, and to
public assistance in certain cases. National old Age
Pension Scheme (NOAPS), National famlily Benefit
Scheme (NFBS) and National Maternity Benefit
Scheme (NMBS) were included in National social
assistance Programme from begining. But on 1 April
2001, NMBS was made a part of population control
scheme.
Fundamental Duties
The fundamental duty to uphold and protect the
sovereignty, unity and integrity of India is mentioned
at number three in Article 51-A (fundamental Duties)
 of the Indian Constitution. Article 51-A enumerates 
certain duties which are as follows According to

certain duties which are as follows. According to
Article 51 A, it shall be the duty of every citizen of
India –
1. To
abide by the Constitution and respect its ideals
and institutions, the National Flage and the National
Anthem,
2. tocherish and follow the noble ideals which insired
our national struggle for freedom;
3. to uphold and protect the sovereignty, unity and
integrity of India;
4. todefend the country and render national service
when called upon to do so;
5. to promote harmony and the spirit of common
brotherhood amongst all the people of India
transcending religious, linguistic and regional or
sectional diversities; to renounce practices
derogatory to the dignity of women;
6. tovalue and preserve the rich heritage of our
composite culture;
7. toprotect and improve the natural environment
including forests, lakes, rivers and wildlife, and to
have compassion for living creatures;
8. todevelop the scientific temper, humanism and the
spirit of inquiry and reform;
9. to safeguard public property and to abjure violence;
10. tostrive towards excellence in all shperes of
individual and collective activity so that the nation
constantly rises to higher levels of endeavour and
achievement;
11. Who is a parent or guardan to provide opportunities
for education on his child or, as the case may be,
ward between the age of six and fourteen years.
The 42nd Amendment Act inserted Article 51-A to

create a new part called IV-A in the Constitution,
which prescribed the fundamental duties of citizens.
Part iv-A and Part 51-A (fundamental duties) were

added to the Constitution of India by 42nd
Amendment, 1976 on the recommendation of
Swaran Singh Committee. At present, the total
number of Fundamental Duties is 11. Originally they
were 10 in number.
Fundamental Duties can not enforced by writs. The
fundamental duties have been defined as the moral
obligations of all the citizens to help, promote a spirit
of partriotism and to uphold the unity of India.
To value and preserve the rich heritage of our

composite culture is a fundamental dauty mentioned 
under Article 51 A(f)

under Article 51 A(f).
To protect the weaker sections from social injustice
is not the part of Fundamental Duties. Rest all the
three options are mentioned in Part IV-A
(Fundamental Duties).
To strive towards the abolition of untouchability is
not a fundamental duty. Article 17 of the fundamental
rights in Part III of the Constitution deals with
abolition of untouchability.
It shall be the duty every citizens of India to protect
and improve the natural environment” is mentioned
under Article 51 A (g) in fundamental duties (Part-IV
A).
To vote in public elections is not a fundamental duty.
Other options are mentioned in the Part IV A –
To develop scientific temper – Art 51 A (h)

To safeguard public property – Art 51 A (i)
To abide by the Constition and respects it’s ideals – Art 51
A (a).
To protect monuments and places of public
importance is not mentioned under Article 51 A of
the Indian Constitution.
Fudndamental Duties were added in Part IV-A by
42nd Amendment of the Indian Constitution, and
Part V pertains to the Union Executive.
There are eleven fundamental duties in Part IV-A of
the Indian Constitution. Originally there were 10
fundamental duties, but 11 duty was added by 86th
Amendment Act (2002). 51 A (K) was added for
parents of guardian to provide an opportunity for
education to their children between the age of 6 to 14
years.
To respect our parents and teachers is not
mentioned among eleven fundamental duties of the
Constitutio of India.
The President
According to Article 53 of the Constitution the
Executive power of the Union shall be vested in the
President.
The President of India is elected by the system of
proportional representation by means of the single
transferable vote and the voting at such election
shall be by secret ballot. This is an indirect method of
election. Article 54 desricbes the method of election
of President. It sayas – President shall be elected by
the members of an electoral college consisting of –
All the elected members of both the Houses of
Parliament (R.S.+L.S.)
 
All the elected members of the Legislative

All the elected members of the Legislative
Assemblies of the States.
Here “State” involves National Capital Territory Delhi

and Union Territory of Puducherry as provided by 70th
Amendment Act 1992.
Presidential election can not be postponed on the
ground that electoral college is incomplete. The
Legislative Assembly which is dissolved cannot take
part in the election.
For the nomination of a person for the election of the
President, minimum 50 electors need to be
proposers, and further 50 electors need to be
seconders of the nomination paper.
According to Article 55 of the Constitution as far as
practicable, there shall be uniformity in the scale of
representation of different States in the election of
President. (i) Every elected Member of Legislative
Assembly of a State shall have as many votes as there
are multiples of one thousands in the quotient
obtained by dividing the population of the State by
the total number of the elected members of the
assembly.
Article 54 provides the President shall be elected by
an electoral college consisting of:
the elected members of both House of Parliament
the elected members of Legislative Assembly of the
States.
Thus if Chief Minister of a State is a member of Upper

House of the State (Legislative Council), he is not
entitled to vote in the election of the President.
Article 58 (1) of Indian Constitution describes the
qualification for the election of President. According
to Article 58 (1) No person shall be eligible for
election as President unless he –
Is a citizen of India
has completed the age of 35 years
Is qualified for election as a member of the House of
the People (Lok Sabha).
According to Article 81(3), the expression
“population” means the population as ascertained at
the last preceding census of which the relevent
figures have been published. Provided that the
reference in this clause to the preceding census of
which the relevent figures have been published
shall, until the relevent figures for the first census
taken after the year 2026 have been published, be
constructed as a reference to the 1971 census and
2001 census as well.
 
According to Article 59(1) of the Indian Constitution

According to Article 59(1) of the Indian Constitution,
the President shall not be a member of either house
of Parliament or of a House of the Legislature of any
Sate, and if a member of either House of Parliament
or of a House of the Legislature of any State be
elected President, he shall be deemed to have
vacated his seat in that House on the date on which
he enters upon his office as President.
Article 57 describes the eligibility for re-elected to
the post of the President of India. It provides ‘A
person who holds, or who has held the office of
President, shall subject tot he other provisions of this
Constitution, be eligible for re-election to that office.
According to Article 56(1)(a), the President addresses
his resignation to the Vice-President of India and
then shall forthwith be communicated by him to the
Speaker of the House of the People [Art 56(2)].
If there is any doubt or dispute regarding the
election of the President, it can be referred to the
Supreme Court of India (Art 71), whose decision shall
be final.
Former President V.V. Giri appeared in person before
the Supreme Court as an incumbent President of
India following a petition filed in the Supreme Court
contesting the validity of election on the ground of
having used corrupt practices to influence voters.
The bench headed by Justice S.M. Sikri ultimately
dismissed the petition and upheld Giri’s election as
President. Notably, V.V. Giri had got the majority on
counting the second preference vots.
According to Article 56(1)(b), the President can be
removed from his/her office by impeachment for the
violation of the Constitution and the process of
impeachment can be started by either Houses of the
Parliament in accordance with Provisions of Article
61.
Accroding to Article 61(1), the process of
impeachment can be started from either House of
the Parliament, and it is required to give prior notice
of at least 14 days [Art. 61 (2)] in writing which must
be signed by not less than ¼ of the total number of
members of the House, who have given their
intention to move the resolution.
Member of Lok Sabha and Rajya Sabha can start
impeachment of the President of India as mentioned
in Article 61 of the Constitution. Members of State
Legislative Assemblies do not participatee in the
process of impeachment though they take part in
election process of the President. It is known that
State Legislative Councils are not the part of
electoral college and do not take part in election of
the President. The procedure of Impeachment of the
President is Quasi-Judicial Procedure.
Article 62(2) of the Indian Constitution describes that
the vacant post the President should be filled within
six months from the date of occurance of the
 
vacancy because of his death resignation or

vacancy because of his death, resignation or
removal.
The President (Discharge of functions) Act, 1969 of

India provides that the Chief Justice of India (CJI)
shall act as the President of India in the event of the
office of both the President and Vice President being
vacant. In the absence of CJI, the senior most Judge of
Supreme Court shall perfrom the functions of the
President.
In the case of a vacancy for the post of the President,
it should not be vacant for more than 6 months. So
the Vice-President can hold the office for not more
than 6 months.
Article 65(1) decribes that “In the event of the
orrurrence of any vacancy in the office of the
President by reasons of his death, resignation or
removal, or otherwise, the Vice-President shall act as
President until the date on which a new President
elected in accordance with the provisions of this
Chapter to fill such vacancy enters upon his office.
According to Article 53(1) the executive power of the
Union shall be vested in the President and shall be
exercised by him either directly or through officers
Subordinate to him in accordance with Constitution.
The joint sitting of the House of the People and the
Council of States can be summoned by the President
in certain casese prescribed in Article 108 of the
Constitution.
Article 74(1) of the Indian Constitution states that the
President may require the Council of Ministers to
reconsider such advice. President may send back any
matter for reconsideration as provided by 44
Amendment Act (1978).
According to Article 85(2)(b), the President may
dissolve House of the people (Lok Sabha) on the
advice of Council of Ministers as per Article 74(1).
According to Article 79 of the Constitution, the
President of India is a constituent part of the
Parliament. He addresses the two Houses at a joint
meeting every year. He can promulgate Ordinances
(according to Art 123) during to recess or Parliament.
He does not participate in the Parliament
discussions.
President Dr. Rajendra Prasad applied absolute Veto
on the advice of Council of Ministers over the PEPSU
Appropriation Bill 1954, Whereas President Gyani
Zail Singh exercised a pocket veto in Indian Post
Office (Amendment) Bill in 1986. Hence, pocket veto
can be regarded as the veto power used by the
President on his discretion.
According to Article 111 of the Indian Constitution,
 
when a Bill has been passed by both the houses, of
Parliament it shall be presented to the President and
Parliament, it shall be presented to the President and
the President shall declare that either he assents to
the Bill or that he withholds assent therefrom.
According to Article 280(1), the Chairman of the
Finance Commission is appointed by the President of
India and according to Article 239 A (5), the Chief
Minister of the Union Territories shall be appointed
by the President and the o ther Ministers shall be
appointed by the President on the advice of the Chief
Minister and the Ministers shall hold office during
the pleasure of the President. The Vice Chairman of
the Planning Commission is appointed by the Prime
Minister.
Attorney General of India, Comptroller and Auditor
General of India and Governor of State, all are
appointed by the President in accordance with the
Article 76, 148 and 155 respectively of the Indian
Constitution.
According to Article 123(2), an Ordinance

promulgated by the President must be laid before
both the Houses of Parliament and shall cease to
operate after the expiration of six weeks from the
reassembly of Parliament.
The Vice-President is not appointed by the President.
Vice-Presiednt is elected in the manner provided in
Article 66.
As per Article 160 of the Indian Constitution, the
President may make such provisions as he thinks fit
for the discharge of the duties of the Governor of a
state in any contingency.
According to the Article 164(1), the Chief Miniser is
appointed by the Governor.
According to the Article 86(1) to send messages to
the Parliament is a right of the President, not a
power.
According to Article 72 of the Constitution “the
President shall have the power to grant pardons,
reprieves, respites or remissions of punishment or to
suspend, remit or commute the sentence of any
person convicted of any offence. This also includes
punishment or sentences by a court Martial.
Article 143 of the Constitution empowers the
President to consult the Supreme Court on the
question of law or fact, but he is not bound to accept
the advice given by the Supreme Court.
The President of India is attributed with formal and
Dejrure authority. He enjoys constitutional and
nominal authority.
Udnder Article 111 of the Indian Constitution the
President cannot return Finance Bill for
 reconsideration. 
Article 310 of the Constitution of India propounds the

Article 310 of the Constitution of India propounds the
‘Doctrine of Pleasure’. According to this Article,
“Except as expressly provided by this constitution,
every person who is a member of a defence service
or of a civil service of the union or of an all India
service or holds any post connected with defence or
any civil post under the union, holds office during
the pleasure of the President and every person who
is a member of a civil service of a state or holds any
civil post under a state office during pleasure of the
Governor of the State.
Union cabinet prepares of President’s address to the
Parliament becasue real executive power vests in the
Union Cabinet.
It is the duty of the President of India to cause to be
laid down the recommendations made by Union
Finance Commission, Report of the Comptroller and
Auditor General and the Report of the National
Commission for Schedule Castes before the
Parliament under the Article 281, 338(6) and 151(1)
respectively, whereas Public Accounts Committee
(PAC) is a committee of the selected Members of t he
Parliament, constiuted by the Parliament of India. Its
chairman is appointed by the Speaker of the Lok
Sabha.
The President of India is indirectly elected whereas
the British King is heridiatary. U.S. President has
more power than Indian President, so they are not
similar.
The First President of Independent India was Dr.
Rajendra Prasad, who hailed from Bihar.
V. Giri was the 4th President of India (1969-74), but on
the basis of tenure, he ranked 6th. He became the
President of India after Dr. Rajendra Prasad (3 times),
Dr. S. Radhakrishnan and Zakir Hussain.
According to Article 79, the Parliament includes the

President and both the Houses (Lok Sabha and Rajya
Sabha), and under Article 111 a Bill beomes law only
when it gets the President’s assent.
Rajendra Prasad served India as President for three
terms, (1950-52), (1952-57) and (1957-1962).
Neelam Sanjiva Reddy was elected the President of
India unanimously (unopposed). His tenure was 1977
to 1982.
Accoding to Article 53(2), the Supreme Command of
the Defence Foreces is vested in the President, but
the exercise thereof shall be regulated by law.
Former Chief Justice of India M. Hidayatullha served
as acting President of India from 20 July, 1969 to 24
August 1969.
 
Pandit Jawaharlal Nehru was the Prime Minister of

Pandit Jawaharlal Nehru was the Prime Minister of
India while rest others were the President.
The Second Presidnt of India (1962-1967) Dr.
Sarvepalli Radhakrishan is known as the Philosopher
king or the Philosopher Ruler.
Accroding to Article 66, the Vice-President is elected
by the members of Parliament by the Proportional
Representation System and Single Transferable Vote
System.
The fourth president of India V.V. Giri (1960-1974)
was associated with trade union movements. He was
also the chairman of All India Trade Union Congress
for two terms.
Pratibha Devi Singh Patil (25 July 2007 to 25 July 2012)
took oath as the 12th President of India on 25 July
2007. She was the first women President of India.
The President of India being the Head of the State
represents the nation, but the real executive power is
vested in Prime Minister. It is the Prime Minister
who leads the nation.
Zakir Hussain had held the office of Governor (Bihar)
from 6 July, 1957 to 11 May, 1962, Vice-President from
13 May, 1962 to 12 May, 1967 and the office of
President from 13 May, 1967 to 3 May, 1969 (till
death).
The Vice-President
According to Article 66(1), the Vice-President es
elected by the members of an electoral college
composed of the members of both the Houses of
Parliament in accordance with the system of
proportional representation by means of the single
transferable.
Article 66(3) of the Constitution desribes that a
person is eligible for election as Vice-President if he
is citizen of India, completed Age of 35 years and
qualified for election as a member of the Council of
Staes and Article 64 provides that Vice-President is
ex- officio chairman of the Council of States and shall
not hold any other office of profit.
The Vice-President of India is the second-highest
Constitution Office of India, after President. Article
63 of Indian Constitution says that there shall be a
Vice-President of India. The Vice-President shall act
as President during casual vacancies in the office of
President by reason of death, resignation,
impeachment or other situations.
Rajya Sabha is presided over by Vice-President, but
he is not the member of the Upper House.
Accroding to Article 67(b), Vice-President may be

removed from his office by a resolution of the 
Council of States (Rajya Sabha) passed by a majority

Council of States (Rajya Sabha) passed by a majority
of all the then members of the Council and agreed to
by the House of the People, but no resolution shall be
moved unless at least 14 days notice has been given
of the intention to move the resolution.
S. Radhakrishnan was an Ambassador to the U.S.S.R.
from 1949 to 1952, and V.V. Giri was the High
Commioner of Sri Lanka from 1947 to 1951. K.R.
Narayanan also was ambassador to China from 1967
to 78.
Mohammad Hidayatullha was the sixth Vice-
President of India from 1979 to 84, and Shankar
Dayal Sharma was the Vice-President of India from
1987 to 92.
Mohammad Hamid Ansari was the 12th Vice-
President of India, entered the office in 2007. In July
2012 Mohammad Hamid Ansari was re-elected. The
list of Vice-Presidents of India is given belwo-
1. Sarvepalli Radhakrishnan – 1952-1962

2. Zakir Hussain – 1962-1967
3. V. Giri – 1967-1969
4. Gopal Swarup Pathak – 1969-1979
5. D. Jatti – 1974-1979
6. Hidayatullha – 1979-1984
7. Venkataraman – 1984-1987
8. Shankar Dayal Sharma – 1987-1992
9. R. Narayana – 1992-1997
10. Krishna Kant – 1997-2002
11. Bhairon Singh Shekhawat – 2002-2007
12. Mohammad Hamid Ansari – 2007-2017
13. Venkaiah Naidu – 2017- incumbent
The Council of Ministers

According to Article 74(1), “There shall be a council
of Ministers with the Prime Minister at the head to
aid and advise the President who shall, in exercise of
his function, act in accordance with such advice”.
Thus the real power is vested in the Prime Minister.
According to Article 74(2), on the question whether
any and if so what advice ws tendered by Ministers to
the President shall not be inquired into any Court.
Article 78 envisages the duties of the Prime Minister
in respect of furnishing of information to the
 President. 
1 Relating administration of affai rs of the Union

1. Relating administration of affai rs of the Union
2. IfPresident requires submit for the consideration of
Council of Ministers any matter on which a decision
has been taken by a minister but not considered by
the Council.
The Union Council of Ministers exercises executive

authorit. It consists of the senior executiive body
called the Union Cabinet which is the supreme
decision-making body in India. Only Prime Minister
and ministers of the rank of Cabinet Ministers are
members of the Cabinet.
Article 77(1) says that all executive action of the
Government of India shall be expressed to be taken
in the name of the President. According to Article
77(3) the President shall make a rule for more
convenient transaction of the busness of
Government of India and for allocation among
Ministers of the said business.
The Union Council of Ministers exercises executive
authority. It consists of the senior executive body
called the Union Cabinet which is the supreme
decision-making body in India. Only Prime Minister
and ministers of the rank of Cabinet Minister are
members of the Cabinet.
Article 75(1) says that the Prime Minister shall be
appointed by the President and other Ministers shall
be appointed by the President on the advice of the
Prime Minister. Article 75(2) says that the Ministers
shall hold the office during the pleasure of the
President.
A person who is not a member of either House can
also become the member of the Cabinet, but he
cannot continue as minister for more than 6 months,
unless, he secure a seat in either House of the
Parliament i.e. Lok Sabbha or Rajya Sabha [According
to Article 75(5)].
The Council of Ministers is collectively responsible
to Lok Sabha.
President Rule will not be imposed on the
resignation of Council of Ministers.
After losing the majority in the Lower House, the
Prime Minister has to resign. This is not explicity
mentioned in the Constititution, but conventinally
he regigns as he is the head of Council of Ministers
which is collectively responsible to the House of the
People according to Article 75(3).
The Council of Ministers in India can move
“Confidence Motion” whether it is passed of rejected
in the Parliament (Lok Sabha). A Motion of ‘No
Confidence’ can be introduced only in Lok Sabha
(the Lower House of the Parliament). The
Government brings the ‘Motion of Confidence’ in
the Lok Sabha when it has to prove confidence or

support of a majority in the House of people (Lok 
Sabha).
The ‘No-Motion Confidence’ may be introduced only

in Lok Sabha, and No Confidence Motion is not
mentioned in our Constitution. Procedure for ‘No
Confidence Motion’ is mentioned in Rules of
Procedure and conduct of Business of Lok Sabha
(Rule no198)
If a member resigns from the office of Minister, he
can make a statement in the House about his
regignation when allowed by the Speaker. It is,
however, open to the member to make a statement
or not, and he cannot be compelled to do so.
The Office of Profit is decided by the Parliament
States for the Union under Article 102(1)( a) and by
State Legislaters for the States under Article 191(1)(a).
These Articles state that a person shall be
disqualified for being chosen a member, of Legislatie
Assembly or legislative Council of States if he holds
any office of profit under Government of India or
Government of any State, other than an office
declared by Legislature of state not to disqualify it
holder.
Minimum 50 members are required to table a ‘No
Confidence Motion’ against the Council of Minister.
In Indian Poliy, the Executive is subordinate to the
Legislature. Parliament is the supreme legislative
body of the country. The Council of Ministers is
collectively responsible to the House of the People.
Deve Gowda was the 12th Prime Minister of India
(including the term of acting Prime Minister Gulzari
Lal Nand). Narendra Modi is the 15th Prime Minister
of India.
Kailash Nath Katju was included into Nehru’s
Cabinet in the year 1951 as Law Minister, and in the
same year, he became the third Home Minister of
the country. Later, in 1955, he held the office of
Defence Minister. He also served as Chief Minister of
Madhya Pradesh from 1957 to 1962.
K. Shanmukha Chetty served as the first Finance
Minister of Independent India (1947-1949) in
Jawaharlal Nehru’s Cabinet.
B.R. Ambedkar was the first Law Minister of post-
independence India while Jaogendra Nath Mandal
was the Law Minister in the interim government
formed in 1946.
The word “Budget” is not mentioned in the
Constitution of India. Under Article 112 “Annual
Financial Statement” is mentioned.
Prime Minister Tenure
I.K. Gujral 1997-98

 
H D Deve Gowda 1996-97

H.D. Deve Gowda 1996 97
Chandra Shekhar 1990-91
Atal Bihari Vajpayee 1999-2004
Vishwanath Pratap Singh 1989-90
Significantly the tenure of Atal Bihari Vajpayee as
Prime Minister is as follows;
He took charge as Prime Minister of India on May 16,

1996 to June 1, 1996, March 19, 1998 to April 26, 1999 and
from October 13, 1999 to May 22, 2004.
Chaudhari Charan Singh was the Prime Minister of
India from 28 July, 1979 to 14 January, 1980. During
his tenure, he never attended the Lok Sabha as
Indian National Congress withdrew it’s support
before the seating of Lok Sabha.
The second Prime Minister of India Lal Bahadur
Shastri died, outside India, in Tashkent (Capital city
of Uzbekistan) on 1 1 January, 1996.
The word “Cabinet” is mentioned only once in the
Constitution of India in Article 352(3) which says
“The President shall not issue a Proclaimation unless
the Unlion Cabinetl Communicates him in writing
that such a Proclaimation may be issued.
The policy of lieberalisation, privatisation, and
globalisation was announced as New Economic
Policy by Prime Minister Narsimha Rao on 24 July,
1991.
Manmohan Singh has served for all the above posts
except as a Chairman of Finance Commission.
In the Constitution of India, the duty and office of

Deputy Prime Minister is not mentioned, but
conventionally, a Cabinet Minister can be declared
as a Deputy Prime Minister. It does not confer on him
any power of the Prime Minister.
The executive power of the Union of India is not
vested in the Prime Minister but in the President Art
53(1). The Constitutional head of the executive of the
Union i s the President Article 74(1) of the
Constitution provides that there shall be a Council of
Ministers with the Prime Minister as its head to aid
and advice the President, who shall exercise his/her
functions in accordance with the advice. The Cabinet
Secretarial is under the direct charge of the Prime
Minister. The administrative head of the Secretariat
is the Cabinet Secretary who is also the ex-officio
Chairman of the Civil Services Board.
91st Constitutional Amendment says that the total
number of Ministers, including Prime Minister in
the Council of Ministers, shall not exceed fifteen
precent of the total number of members of the
House. It was added in Article 75(1A) in 2003 after 91st
The number of Ministries at the Centre on 15 August,
 
1947 was 18. Currently the number of Ministries at
the centere is
the centere is
White paper is an official document issued by the
Government of India or by its Ministry which
explains the Government policies on a particular
subject and allows the Government to collect
feedback before a bill is prepared.
According to Article 257(1) of the Indian
Constitution, the executive power of every State shall
be so exercised as not to impede or prejudice the
exercise of the executive power of the Union, and the
executive power of the Union shall extend to giving
such direction to states as may appear to
Government of India neccessary for that
The Reorganization of Union Cabinet is based on the
Report of N. Gopalswami Ayyangar.
The ‘Cabinet Secretariat’ has been given a place in I-
Schedule of the rules made under the Government
of India (Allocation of Business) Rules, 1961.
The Subjects alloted to the Secretariat are:
Secretariat assiatance to the Cabinet and the Cabinet
Committees
The administration of the Rules of Business
The Secretariat assistance provided by the Cabinet

Secretariat to the Cabinet and Cabinet Committees re:
1. Convening of the meeting of the Cabinet on the
orders of the Prime Minister.
2. Preparation and circulation of the agenda
3. Circulating papers related to cases on the agenda
4. Preparing a record of discussion taken
5. Circulation of the record after obtaining the approval
of the Prime Minister
6. Watching implementation of the decisions taken by
the Cabinet.
Promotion of Inter-Ministerial Coordination. The

coordination is required for removing difficulties,
removing differences, overcoming delays,
coordination in administrative actions and
coordiantion of policies.
“Karma Bhumi (Land of Duty) is a memorial of the
ninth President of India Dr. Shankar Dayal Sharma
while the name of the memorial of Rajive Gandhi is
“Veer Bhumi” (Land of Brave).
“Jai Jawan Jai Kisan” was a slogan given by the Prime
Minister Lal Bahadur Shashtri in 1965 at a public
gathering at Ramlila Maidan, Delhi. The slogan was
for the Indian Farmers and Soldiers during Indo-Pak
War.
 
The Attorney General and C.A.G.

According to Article 76 of the Indian Consitution, it
shall be the duty of the Attorney General to advice to
the Government of India upon legal matters, and to
platform such other duties of legal character. The
Attorney General is the first law officer of the
Government of India. The President shall appoint a
person who is qualified to be appointed as a Judge of
the Supreme Court to be Attorney General of India.
The Attorney General of India is the Chief Legal
Advisor to the Government of India. In the
performance of his duties, the Attorney General
shall have right of audience in all courts in the
territory of India.
Article 88 of the Indian Constitution, deals with the
rights of Ministers and Attorney-General in respect
of Houses. Every Minister and the Attorney General
of India shal have the right to speak in, and otherwise
to take part in the proceedings of either House, any
joint sitting of the Houses, and any Committee of
Parliament of which he may be named a member,
but shall not by virtue of this Article, be entitled to
vote in qualified to be appointed a Judge of the
Supreme Court, to be Attorney General of India. He
can be removed by the President.
The Solicitor General of India is subordinate to the
Attorney General of India, who is the Indian
Government’s legal advisor. The Solicitor General of
India is the second law officer of the countr, assists
the Attorney General, and is himself assisted by
several Additional Solicitors General of India.
Article 148(1) of the Constitution of India, says that
there shall be a Comptroller and Auditor-General of
India who shall be appointed by the President by
warrant under his hand and on the like grounds as a
judge of the Supreme Court. The Comptroller and
Auditor General audits all receipts and expenditure
of the Government of India and submits his report to
the President. He also audits all receipts and
expenditures of the State Governments and submits
the report to the Governor of the State.
It is the duty of the Advocate General to advise the
Government of the State on legal matters. The
Governor of each State shall appoint a person who is
qualified to be appointed a Judge of a High Court, to
be Advocate General for the State. The Advocate-
General for the State. The Advocate-General shall
hold office during the pleasure of the Governor
(Article 165). He is the first legal advisor of the State
Government.
According to Article 148(3) the salary and other
condition of service of the comptroller and Auditor
General of India shall be determined by Parliament.
The comptroller and Auditor Geneal of India hold
office for the term of 6 years or untill attains the age
 of 65 years whichever is earlier as per law of the 
Parliament (CAG Duties Power and Condition Act

Parliament (CAG Duties, Power, and Condition Act
1971).
The Comptroller and Auditor General of India (CAG)

is the Head of the Indian Audit and Accounts
Department (IA&AD) and drives his Constitutional
standing as the Auditor of the Union and State
Governments from Articles 148 to 151 of the
Constitution of India. The duties, powers and
conditions of service of the comptroller and Auditor
General are laid down in the CAG (Duties, Powers
and Conditions of ServiceZ) Act, 1971.
The Statutory duties of the CAG include audit of –
Receipts and expenditures of the Union and the State
Governments accounted for in the respective
consolidated funds.
Transactions relating to the Contingency Funds
(created for use in emergency circumstatnces) and
the public Accounts (used mainly for loans, deposits,
and remmitance).
Trading, manufacturing, profit and loss accounts
and balance sheets and other subsidiary accounts
kept in any Government Department.
Accounts of stores and stock kept in Government
Organizations, Government Companies and
Government Corporations whose statutes provide an
audit by the CAG.
Authorities and bodies substantially financed from
the Consolidated Fudns of the Union and the States.
Anybody or authority even though not substantially
financed from the Consolidated Fund at the request
of the President or the Governor.
Accounts of bodies and authorities receiving loans
and grants from the Government for specific
purposes.
The Parliament is the ultimate authority to take
appropriate action on comptroller and auditor
General’s reports. The Public Accounts Committee
of Parliament debates extensively on these Reports.
Article 151(1) of the Constitution is related to the
Audit reports of CAG. The reports of Comptroller
and Auditor-General of India relating to the
Accounts of the Union shall be submitted to the
Presidnet who shall cause them to laid before each
House of Parliament.
The Comptroller and Auditor General of India attend
the meetings of the Public Account Committee of the
Parliament Article 149 prescribes those duties and
powers which shall be performed and exercisely by
him.
 
The representatives of the Ministries appear before

The representatives of the Ministries appear before
the Public Accounts Committees when examining
the Accounts and Audit Reports relatig to their
Ministries. The CAG is the “Friend, Philosopher and
Guide” of the PAC. It attends the sittings of the PAC,
assists it in its deliberations.
The Amendment to CAG Duties, Power and

Condition Act, 1971 separated Accounts from Audit
and relieved the Comptroller and Auditor General of
their responsibilities in the matters of preparation of
Accounts. The Amendment was made in the year of
1976.
The Comptroller and Auditor General (CAG) of India
acts as the Custodian and Trustees of public maney,
and it is the duty of the CAG to see that even a single
penny of the Consolidated Fund of India or of any
State should not be spent without proper
authorizatilon of the Legislature.
Public Finance is the study of the role of the
Government in financial activities. It is the branch of
Economics which assesses the Government Revenue
and Government Expenditure and the Adjustment of
one or the other to achieve the desirable effects and
avoid undesirable ones. The Public Finance is not
related to the execution of the function of
commercial Banks.
In Indian, an Advocate General is a legal advisor to a
State Government. The post is created by the
Constitution of India and corresponds to that of
Attorney General of India at the Union Government
level. The Advocate General of State in India is
appointed by the Governor, not by the President.
Article 177 empowers him to speak in and take part in
the proceedings of the Legislature of the State, but
he has not right to vote in it. As provided in Civil
Procedure Code, High Courts does not have original,
appellate and advisory jurisdiction at the state level.
Under Article 143, the advisory jurisdiction belongs
to the Supreme Court.
Preference Hierarchy
The order of precedence, are as follows –
1. President
2. Vice-President
3. Prime Minister
4. Governors of the State
5. Former President and Vice-Presidents
 
(5A) Deputy Prime Minister

(5A) Deputy Prime Minister
6. The Chief Justice of India and the Speaker of Lok
Sabha are equal in the table of precedence of
Government of India.
The Cabinet Secretary is the topmost civilian officer

in the Government of India. The Cabinet Secretary is
the ex-officio head of Civil Services Board, Cabinet
Secretariat, Indian Administrative Service (IAS) and
head of all Civil Services under the Rules of Business
of the Government of India.
The Parliament (1)

According to Article 84(1)(b), the minimum age for a
persons seeking election to the Council of States is
not less than 30 years and to a seat in the House of
the People (Lok Sabha) is not less than 25 years of
age.
According to section 4(d) of Representation of the
People Act, 1951, for election to the Lok Sabha, a
nominations paper can be filled by any citizen of
India whose name appears in the electoral rolls of
any parliamentary constituency.
election to the House of the People and the
Legislative Assemblies of the States are held on the
basis of adult suffrage. Article 324 deals with the
superintendence, direction and control of elections
to be vested in Election Commission.
Lok Sabha is the House of the People. Its members
are elected on the basis of by direct election.
According to Article 81 and Article 331 composition
of Lok Sabha is –
Five hundred and thirty (530) members to represent
states,
20 members to represent Union Territories and
2 Anglo-Indian members nominated by the
President. Thus it’s maximum strength can be 552.
Any candidate who fails to secure more than one-
sixth (1/6) of the valid votes polled i n the
constituency, loses his security money or deposit.
31st Constitutional Amendment Act, 1973, increased
the stgrenth of the Lok Sabha from 525 to 545.
Number of members of member to represent Union
Territory was decreased from 25 to 20.
84th Constitutional Amemdment Act, 2001 made an
amendment to the Article 81(3) Proviso, that in place
of year 2000 for the purpose of allotment of seats in
the House of People to any state 2026 should be
substituted and shall not be amended till 2026, and
be construed as a reference to the 1971 census for
allocation of seats in Lok Sabha.
Till 2008, there was no reservation for Scheduled

Castes and Scheduled Tribes in the State of 
Arunachal Pradesh Jammu and Kashmir Goa

Arunachal Pradesh, Jammu and Kashmir, Goa,
Meghalaya, Nagaland, Sikkim, but now after
delimitatin in 2008 both seats of Lok Sabha for the
State of Meghalaya have been reserved for
Scheduled Tribes. Andaman and Nicobar Island,
Chandigarch, Daman and Diu and Puducherry are
Union Territoris where no seats are reserved for SC
and
The President holds the power to nominate the
Anglo-Indian members in Lok Sabha. According to
Article 331, if the President is of the opinion that the
Anglo-Indian community is not adequately
repesented in the House of the People, he may
nominate not more than 2 members of that
community.
Under Article 333 of the Constitution, it is provided

that the Governor of a state may if he is of the
opinion that the Anglo-Indian Community needs
repsentation in the Legislative Assembly and is not
adequately represent there in, nominate one
member of that community to the Assembly.
According to Article 85(2)(b), the Lok Sabha may be
dissolved before completion of its tenure/period.
The President exercises this power on the
recommendatiion of the Prime Minister or Council
of Ministers.
Through the 7th Constitutional Amendment Act,
1956, the State Reorganization Act, 1956 determined
the number of member in Lok Sabha as 520. Later by
the 31st Constitutional Amendment Act, 1973, the
number of members was set as 530 chosen by direct
election from territorial constittuencies of states, 13
members to represent Union territories and 2
nominated Anglo-Indians. According to Article 81
subject to the provision of Article 331 the House of
People consist of not more that 530 members from
States and not more than 20 members from Union
Territories.
At the time when the question was asked, there were
530 constituencies for States and 13 for Union
Territories (Delhi-7, Andaman and Nicobar-1,
Puducherry-1, Chandigarh-1), In addition to these 2
Anglo-Indians are nominated by President.
The Union Territories get representation in both
Houses of Paliament. Delhi has 3 and Puducherry has
1 Member in the Rajya Sabha.
The sitting of House of the People may be
terminated by way of Adjournment, Prorogation, and
Dissolution. Adjournment is done by the speaker of
Lok Sabha while Prorogation and Dissolution is done
by President under Article 85(2).
Present status of represenation in Lok Sabha is given
 below: 
First (Uttar Present) – 80 Seats

First (Uttar Present) 80 Seats
Second (Maharashtra) – 48 Seats
Third (West Bengal) – 42 Seats
Fourth (Bihar) – 40 Seats
Fifth (Madhya Pradesh) – 29 Seats
The tenure of the 5th Lok Sabha was about 6 years
which functional from 19 March, 1971 to 18 March,
1977.
State of Uttar Pradesh has the largest representation
in Lok Sabha and Rajya Sabha. 80 seats in Lok Sabha
and 31 seats in Rajya Sabha are allotted to Uttar
Pradesh Pradesh, which in the largest number
allotted to any State.
The seats allotted to States given in the options are as

follows: Punjab-13, Assam- 14, Gujarat-26, Rajast han-
25, Madhya Pradesh-29, Tamil Nadu-39, Andhra
Pradesh- 42, West Bengal-42. Thus , Andhra Pradesh
and West Bengal have equal seats in Lok Sabha.
Note: At present, after the formation of Telangana in
2014 out these 42 seats of Andhra Pradesh, 17 seats
have been allotted to Telangana. So now Andhra
Pradesh has 25 seats.
Chandigarh, Sikkim and Mizoram is a group of
State/Union Territories which have been allocated
only one seat each in the Lok Sabha. Other states or
Union Territories which have only one seat are,
Andaman and Nicobar Island. Dadra and and Nagar
Haveli, Daman and Diu, Lakshadweep, Nagaland, and
Puducherry.
State Representation in Lok Sabha
Andhra Pradesh 25
Telangana 17
Tamil Nadu 39
Maharashtra 48
The Lok Sabha election was held in 2009 for 15-Lok
Sabha after the enforcement of delimitation order,
2008. In terms of number of electors, Unnao of Uttar
Pradesh, with approx 19 Lakh voters, was the biggest
constituency in the General Elections of 2009.
In February 2014, Ministry of Law and Justice by
issuing a notification fixed the maximum
expenditure limit in Parliamentary elections. For Lok
Sabha Constituency it has been increased from Rs.
40 Lakhs to Rs. 70 Lakhs and for Vidhan Sabha, it has
been increased from Rs. 16 Lakh to Rs. 28 Lakhs.
The first General Election of Lok Sabha was held
between 25 October 1951 to 21 February 1952. The
Election was held for total 489 seats. The first session
 of the first Lok Sabha commenced on 13 May, 1952. 
9th Lok Sabha was constituted on 2 December 1989

9 Lok Sabha was constituted on 2 December, 1989
and dissolved on 13 March, 1991.
The elections for 12th Lok Sabha were held in
February, 1998 and 12th Lok Sabha was constituted on
10th March, 1998 and was dissolved on 26th, 1999.
The first largest constituencies for Lok Sabha
election on the basis of area are:
1. Ladakh (173266 Sq. km.)

2. Barmer (55074 Sq. km.)
3. Kachchh (41414 Sq. km.)
4. Arunachal East (39704 Sq. km.)
5. Arunachal West (39613 Sq. km.)
T he smallest constituency on the basis of the area is

chandni Chowk (10.59 Sq. km.) Delhi.
According to Article 93, the House of the People shall
as soon as may be, choose two members of the
House to be respectively Speaker and Deputy
Speaker thereof and so often as the office becomes
vacant the House shall choose another member to be
the Speaker or the Deputy Speaker as the case may
be.
The election of Lok Sabha or state Assembly in India

are conducted on the principle of ‘First past the Post’.
In this method, the candidate with the highest
number (but not neccesarily a majority) of votes is
elected. According to Article 93 of the Constitution,
“the House of the people shall, as soon as may be,
choose two members of the House to be respectively
speaker and Deputy Speaker. Traditionally, the
speker’s post goes to the majority and the Deputy
Speaker to the Opposition. However there is no such
provision in the constitution.
According to Article 101(4) of the Constitution, “if for
a period of sixty days a member of either House of
Parliament is without permission of the House
absent from all meetings thereof, the House may
declare his seat vacant: Provided that in computing
the said period of sixty days no account shall be
taken of any period during which the House is
prorogued or is adjourned for more than four
consecutive days.
The Speaker of the Lok Sabha may, at any time by
writing under his hand addressed to Deputy Speaker,
resign from his office. This provision has been made
in Article 94 which deals with vacation, resignation,
and removal of the Speaker and the Deputy Speaker.
The procedure for removal of the Speaker of the Lok
 Sabha has been made under Article 94(c). The 
Speaker or the Deputy Speaker may be removed

Speaker or the Deputy Speaker may be removed
from his office by a resolution of House of the people
passed by a majority of all the then members of the
House, provided that to resolution shall be moved
unless at least fourteen (14) days notice has been
given in the Speaker of the intention to move the
resolution.
The speaker of the House of the People shall ne
chosen by the members of the Lok Sabha
themselves. He may be removed from the office by a
resolution passed by the majority of all the then
members of the house. The Speaker may address his
resignation to the Deputy speaker of the House.
V. Mavalankar was the Speaker of the First Lok
Sabha. The name of the Speakers of the Lok Sabha is
given below:
Name Year
1. V. Mavalankar 1952-1956
2. Ananthasayanam Iyengar 1956-1962

3. Sardar Hukum Singh 1962-1967
4. Neelam Sanjiv Reddy 1967-1969
5. Gurudayal Singh Dhillon 1969-1975
6. Bali Ram Bhagat 1976-1977
7. Neelam Sanjive Reddy 1977 (March-July)
8. S. Hegde 1977-1980
9. Balram Jakhar 1980-1989
10. Rabi Ray 1989-1991
11. Shivraj Patil 1991-1996
12. A. Sangma 1996-1998
13. M.C. Balayogi 1998-2002
14. Manohar Joshi 2002-2004
15. Sommau Chatterjee 2004-2009
16. Meira Kumar 2009-2014
17. Sumitra Mahajan 2014 to Present.
Acharya J.B. Kripalani with 21 Parliament members of

opposition moved a Non-Confidence Motion against
First Lok Sabha Speaker G.V. Mavalankar on 15
December, 1954. This motion was refused by Lok
Sabha on 18 December, 1954.
A. Sangama became the first tribal speaker of Lok
Sabha in 1996.
The first woman Speaker of Lok Sabha, was Meira
Kumar. She was chosen unopposed as Speaker and
served from June 2009 to June 2014.
 
The Lok Sabha in comparison to Rajya Sabha has

exclusive powers in regards to the introduction of a
Money bill, its rejection and Amendment as
provided in (Art 109). The Accountability of the
Council of Ministers is to House of People as
provided in Article 75(3), whereas Rajya Sabha has
exclusive powers with regards to the creation of on
or more All India Services (Art. 312).
In 15th Lok Sabha, the number of women members
was more than 11% of the total number of members.
There was total 63 women numbers out of which 25
were from Congress and 13 from BJP. There were
three woman members elected from Rajasthan and
highest 12 women member from Uttar Pradesh.
The Parliament (2)

The Rajya Sabha or Council of States is the upper
house of the Parliament of India. Article 80 of the
Constitution lays down the maximum strength of
Rajya Sabha as 250, out of which 12 members are
nominated by the President. The present strength of
Rajya Sabha is 245 including 12 nominated members.
One third of the members retire every two years. The
Rajya Sabha was formed on 3 April, 1952.
The Union Territories are represented in the Council
of State. There are 3 seats for Delhi and 1 seat for
Puducherry in the Council of States. Eelection
disputes are adjudicated by Judiciary in the mode of
the election petition. According to Article 79,
Parliament consists of President, House of the
People and Council of States.
Article 80 of the Constitution is about the
composition of the Council of States. It states that
there shall not be more than 238 representatives of
the States and the Union Territories. The Council of
the States shall consist of 12 members nominated by
the President.
According to Article 80(4) of the Consitution, the
representatives of each State in the Council of States
shall be elected by the elected members of the
Legislative Assembly of the State in accordance with
the proportional representation by means of the
Single Transferable Vote.
According to Article 83(1), the Council of States is the

Upper House or Permanent House of the Parliament.
It is not subject to dissolution but, as nearly as
possible one-third of the members thereof shall
retire as soon as may be on the expiration of every
 
second year Thus the tenure of the members of the

second year. Thus the tenure of the members of the
Council of States is 6 year.
According to Article 80, the President may nominate
12 persons in Rajya Sabha belonging to the area of
Literature, Science, Art and Social Services.
Nargis Dutt was the first Indian actress nominated to
Rajya Sabha in 1980. Her tenure was fro m 3 April,
1980 to 3 May, 1981. Vaijayanthimala Bali was
nominated to Rajya Sabha from 27 August, 1993 to 26
August, 1999. Jayalalitha was Rajya Sabha member
from 3 April, 1984 to 28 January, 1989. Devika Rani
Chaudhari was the first Indian actress to receive
Dada Saheb Phalke Award in 1969.
The creation of new All India Services comes under
the exclusive power of the Council of States. One or
more All India Services can be created by the
resolution of the Council of States supported by not
less than two-third of the members present and
voting. The creation of All India Services is provided
in Article 312.
According to Article 109 of the Indian Constitution, a
Money Bill shall not be introduced in the Council of
States. After Money Bill has been passed by the
House of People it shall be transmitted to the
Council of States for its recommendation and
Council of States shall within shall within a period of
14 days from the date of its receipt of the Bill return
the Bill to the House of People with its
recommendation and House of People may
thereupon either accept or reject all or any of the
recommendation of the Council of States. So Rajya
Sabha has no power either to reject or amend the Bill.
According to Article 113(2) of the Indian Consitution
estimates are submitted in the form of Demands for
grants to the House of People and only House of
People has power to assent or refuse to assent. Rajya
Sabha cannot vote on the Demand for Grants.
A resolution passed by the Rajya Sabha under Article
249 of the Constitution empowering Parliament to
legislate on a state subject in national interest
remains in force for a period not exeeding one year.
(Article 249 (2)).
Whenever the Government of the Council of

ministries fail in Rajya Sabha, none of the given
consequence occurs because, according to Article
75(3); the Council of Ministers is collectively
responsible to the Lok Sabha (House of the People).
The Council of States has been coferred with special
power under Article 249 of the Indian Constitution to
declare by resolution supported by not less than
2/3rd members present and voting that it is necessary
or expedient in the national interest that Parliament
should make law on a subject enumerated in the

State list. Like this Article 312 of the Indian 
Constitution provides that the Council of States can

Constitution provides that the Council of States can
declare by resolution supported by not less than 2
/3rd of member present and voting it is necessary and
expedient in the national interest to create one or
more All India Services, including All-India Judicial
Services.
Article 89(1), of the Indian Constitution, states that
the Vice-President of India shall be ex-officio
Chariman of Council of States. The Vice-President is
elected by the member of an electoral college
consisting of the members of both the Houses of
Parliament given number Art. 66. Article 64 also
states that Vic-President shall be ex-officio Chairman
of Rajya Sabha.
The prsiding officer of Rajya Sabha i.e. Vice-
President is not a member of the House. He is
elected by the member of an electoral college of the
member of both the Houses of Parliament.
According to the Article 109(2), after a Money Bill
havs been passed by the House of the People it shall
be transmitted to the Council of States for its
recommendation and Council of State may return
within 14 days of its receipts to the House of People
which may either accept or reject all or any of the
recommenation of the Council of States.
The minimum age required for a person to be
candidate for the election to Council of States is 30
years.
The minister who is the member of Rajya Sabha may
participate in the deliberation of Lok Sabha, while
being a member of Rajya Sabha.
Article 80 of the Constitution deals with the
composition of Council of States. According to this
Article, there shall be-
Twelve members nominated by the President;
Not more than 238 representatives of the States and
Union Territories. Total strength is thus 250. At
present, there are total 245 members in the Council
of States out of which 229 representatives are from
State Legislative Assemblies, and 4 are from Union
Territories Legislative Assemblies (3-Delhi, 1-
Pondicherry) and rest 12 are nominated by the
President.
The Council of State is a Permanent House of the
Parliament and tenure of its members is 6 years. The
minimum age to be a member of this House is 30
years.
The Parliament (3)

Article 368 of the Constitutions of India, deals with
the power of Parliament to amend the Constitution.
Thereof, it says that notwithstanding anything in this
Constitution, Parliament may in the exercise of its
constitutional power amend by way of addition,
 variation or repeal, any provision of this Constitution 
in accordance with the procedure laid down in this

in accordance with the procedure laid down in this
Article. The Parliament is the supreme Legislative
Body elected by the People of India. Therefore
Parliament has the authority to amend the
Constitution.
The Parliament of India consists of (1) President (2)
Lok Sabha (3) Rajya Sabha. The House of People shall
consist of –
Not more than 530 represenatatives of States [Art
81(1)(a)] chosen by direct election from territorial
constituencies in the state.
Not more than 20 representatives of Union
Territories [Art 81(1)(b)].
Not more than 2 members of the Anglo-Indian
Community nominated by President.
Article 85(1) imposes a duty upon the President to
summnon each House of Parliament at such interval
that six months shall not intervene between its last
sitting in one session and the date appointed for its
first sitting in the seeion. So the Parliament must
meet at least twice in a year.
Article 59 of the Indian Constitution says that the

President shall not be a member of either House of
Parliament and Article 79 says that Parliament of
Union shall consists of President and two Houses.
Accordting to Part V of the Consitution, under
Article 79, it is situated that there shall be a
Parliament for the Union which shall consist of
President and two Houses to be known respectively
as Council of States and House of People. These
three are an integral parts of the Parliament, but the
Vice-President is not a part of Parliament.
According to the Constitution of India, the Officers of
the Parliament include the Speaker of the Lok Sabha,
the Deputy Speaker of L ok Sabha, Secretary General
of the Lok Sabha and the Chairman of the Rajya
Sabha.
Article 101 of the Consitution is about “Vacation of
seats.’ Clause 4 of the Article states that if a member
of either House of the Parliament is absent from all
meetings for a period of 60 days, the House may
declare his seat vacant; but in calculation of these 60
days, any period for which House is prorogued or is
adjourned for more than four consecutive days, shall
be excluded.
The first member who was declared disqualified for
remaining absent for 60 days sixty days without the
persmission of the House was from Council of State
from Punjab in the year 2000. The person was an
Independent Member of Parliament named
Barjinder Singh Hamdard.
 
Article 105 of the Constitution provides the powers

Article 105 of the Constitution provides the powers
privileges, and immunities of the Houses of
Parliament and its members and communities
thereof.
Under the Parliamentary Rules and Procedures, the
Privilege Motion can be raised against a Minister if
any fact of a case is withheld by him or a distorted
version is given.
In the case of a Money Bill, the Council of State shall
return the Bill to the House of People within
fourteen days, and the ordinary Bill has no time limit.
According to Article 108(4), if at the joint sitting of
the two Houses the Bill, with such amendments, if
any as are agreed to in joint sitting is passed by a
majority of total number of members of both the
Houses present and voting, it shall be deemed to
have been passed by both Houses. This indicates that
only a simple majority of members present and
voting is required.
The Speaker of the Lok Sabha presides over a joint

sitting of the two Houses of the Parliament.
Article 118 of the Contitution of India is related to the
Rule of procedure. Joint session of two Houses is
presided over by the Speaker of the Lok Sabha.
During the absence of the Speaker from any joint
sitting, it is presided over by the Deputy Speaker of
the House or if he is also absent, the Deputy
Chairman of the Council and if he is also absent such
other person as may be determined by the members
present at a sitting shall preside.
The joint sitting of both the Houses of Parliament in
India is mentioned under Article 108 of the
Constitution of India. The first joint session took
place in 1961 to resolve the issue on the ‘Dowry
Prohibition Bill,’ on which both the Houses had
finally agreed. The second joint session took place in
1978 on the Banking Service Commission (Repeal)
Bill of 1977. The third joint session of the Parliament
was held in March 2002 for Anti-Terrorism Bill
(POTA).
A Legislative Bill can be introduced in either House
of the Parliament, but Money Bill can be introduced
only in Lok Sabha and the Bill related to the creation
of All-India Services can only be introduced in the
Rajya Sabha.
According to Article 107(3) of the Indian
Constitution, a Bill pending in Parliament shall not
lapse by reason of prorogation of the House. Article
107(4) of the Indian Constitution states that a Bill
pending in the Council of States which has not been
passed by the House of People shall not on the
dissolution of the House of People.
 
A private member’s Bill is a Bill presented by any

A private member s Bill is a Bill presented by any
member other than a Minister. The difference in two
cases is that any member other than a Minister
desiring to introduce a Bill has to give a notice of his
intention and to ask for leave of the House to
introduce the Bill. If a Bill has been published in the
official gazette before it’s introduction, no motion for
leave to introduce the Bill is necessary. About a dozen
of private Bills have been passed since the
independence.
According to Article 266 of the Indian Constitution

all revenues receieved by the Government of India,
all loans raised by that Government by the issue of
treasury bills, loans or ways and means, advances
and all money received by that Government in the
repayment of loans shall form one Consolidated
Fund of India. It is under the control of Parliament.
No amount can be withdrawn from the Parliament.
So the authority to issue money according to the
Budgetary provisions from the Consolidated Fun can
only be obtained if the Parliament permits it
according to appropriation under Article 114.
Only disscussion on expenditure charged on the
consolidated Fund can happen, not voting.
According to Article 112(3) of the Indian Constitution,
the salary and allowances of the President, salary and
allowances of the Chief Justice of India, Pensions
payable to Judges of High Courts, salary and
allowances of the Comptroller and Auditor General
of India, salary and allowances of the Chairman and
Deputy Chairma of the Council of States and Speaker
and Deputy Speaker of Lok Sabha, are the
expenditures charged on the consolidated Fund of
India.
The following expenditures shall be the expenditure
charged on the Consolidated Fund of India –
The emoluments and allowances of the president
and other expenditures relating to his office.
The salaries and allowances of the Chairman and the
Deputy Chairman of the Council of States and the
Speaker and the Deputy Speaker of the House of the
People.
Debt charges for which the Government of India is
liable including interest, sinking fund charges and
redemption charges, and other expenditure relating
to the raising of loans and the service and
redemption of debt.
(i) The salaries, allowances, and pensions payable to
or in respect of Judges of the Supreme Court.
(ii.) The Pensions payable to or in respect of judges of the

Federal Court.
 
The Pensions payble to or in respect of Judges of any

The Pensions payble to or in respect of Judges of any
High Court which exercise jurisdiction in relation to
any area included in the territory of India or which at
any time before the commencement of this
Constitution exercised Jurisdiction in relation to any
area included in 86 (a) Governor’s Province of the
Domination of India.
The salary, allowances, and pension payable to or in
respect of the Comptroller and Auditor-General of
India.
Any sums required to satisfy any judgment, decree
or award of any court or arbitral tribunal.
Any other expenditure declared by this Constitution
or by Parliament by law to be so charged.
Only disscussion on expenditure charged on the
Consolidated Fund can happen, not voting.
According to Article 112 (3) of the Indian
Constitution, the salary and allowances of the
President, salary and allowances of the Chief Justice
of India, Pensions payable to Judges of High Courts,
salary and allowances of the Comptroller and
Auditor General of India, salary and allowances of
the Chairman and Deputy Chairman of the Council
of States and Speaker and Deputy Speaker of Lok
Sabha, are the expenditure charged on the
Consolidated Fund of India.

the salary and allowances of Vice-President are not
included in the expenditure charged on the
Any withdrawal of amount from the Consolidated
Fund of India must be approved by the Parliament as
mentioned in Article 114 of the Indian Constitution.
All revenues received by the Union Government by
way of taxes and other receipts for the conduct of
Government business are credited to Consolidated
Fund of India as enumerated in Article 266 of the
Constitution of India.
Article 109 – Special Procedure in respect of
Money Biils.
Article 110 – Definition of Money Bill
Article 111 – Permission on Bills
Under Article 110(3), it has been specified that if any
question arises whether a Bill is Money Bill or not,
the decision of the Lok Sabha Speaker on this issue
shall be final.
A Money Bill can be introduced in Lok Sabha only.
Rajya Sabha has got very limited power in this
regard. Rajya Sabha can delay this for a period not
 exceeding 14 days. 
It has been laid down in Article 109(1) of the

It has been laid down in Article 109(1) of the
Constitution of India that a Money Bill shall not be
introduced in the Rajya Sabha. Article 109(2) lays
down that, after a Bill has been passed by the Lok
Sabha, it shall be transferred to the Rajya Sabha for
its recommendations. In turn, the Rajya Sabha,
within a period of 14 days of its receipt of the Bill,
shall return the Bill with or without its
recommendation to the Lok Sabha which may accept
or reject all or any of the recommendations of the
Rajya Sabha.
The charged expenditure upon the Consolidated
Fund of India (Article-112(3)) is not submitted to the
vote of Parliament, although there can be a
discussion on the same in either House of
Parliament.
If the annual Union Budget is not passed by the Lok
Sahha, the Prime Minister submits the resignation of
Council of Ministers because it would mean that the
government has lost majority in the Lok Sabha.
The Parliament exercises following types of control
over the expenditure –
No Money can be withdrawn from the consolidated
fund of India under Article 114 of the Indian
Constitution. Without a Bill for the appropriation.
(ii) Provisions relating to supplementary grant and vote

on account is given in Article 115 and Article 116 of the
Constitution.
(iii.) Article 107 stipulates provision regarding financial
Bill.
Placing Annual Financial Statement before the
Parliament.
Budget is presented by the Finance Minister and
officials of the concerned Ministry. A minister takes
oath of office and secrecy. Therefore, if the budget is
desclosed before being introduced in the legislative
Assembly, the Finance Minister will h ave to take
responsibility individually and resign. Provision for
punishment is mentioned in the official secrecy Act,
1923.
Article 276 (2) of the Constitution specifies that the
total amount payable in respect of any person to the
State or to any municipality, district baoard, local
board or other local authority in the State by way of
taxes on professions, trades, calling and
employments shall not exceed two thousand and five
hundred rupees (Rs. 2500) per annum after 60-
Amendment, 1998 in place of Rs. 250.
The Department of Economic Affairs is responsible
for the preparation and presentation of the Union
Budget in the Parliament.
 
The Economic Survey is presented in the Parliament

The Economic Survey is presented in the Parliament
every year before the presentation of the budget for
the coming year. Economic Survey contains the
progress, activities and fiscal details of variuos
sectors of the Economy for the current year.
Article 116 of the Indian Constitution states that in
case the Appropriation Bill is not passed and the
Union government requires withdrawal of money, it
can though Vote on Account have the power to
authorize by law the withdrawal of money from the
Vote on-Account is presented when Governmental
has no time to present full Budget or elections are
around the corner. When the Government does not
have enough time to vote for a full budget before the
commencement of the new financial year, a special
provision is made to make sure that there is enough
money at the disposal of the Government to allow it
to run the administration of the country. This special
provision is known as Vote-on-Account. Article 116(a)
of the Constitution has provision of Vote-on-Account.
According to Article 113(2), the estimates of
expenditure included in the Budget are required to
be voted by the Lok Sabha in the form of Demands
for Grants. The Lok Sabha has the right either to pass
the grant or reject the grant or permit the grant after
reducing the amount.
Prior sanction of the President of India is required
before introducing Bill in the Parliament on all four
matters.
According to Article 117(1) a Bill or amendment
making provision for any of the matters specified in
sub clause (a) to (f) of clause (1) of Article 110 shall not
be introduced except on the recommendation of the
President and a Bill making such provision shall not
be introduced in the Council of States.
Censure Motion: Censure means the expression of
strong disapproval or harsh criticism. It is generally
against the policies of the Government.
Calling Attention: With the prior permission of the
Speaker, a member may call the attention of a
Minister to any matter of urgent public importance
and the Minister may make a brief statement or ask
for time to make a statement at a later hour or date.
Cut Motion: Cut motion is a power given to the
member of the Lok Sabha to oppose a demand in the
Financial Bill discussed by the Government. If a cut
motion is adopted by the House and the Government
does not have the numbers, it is obliged to resign.
However the Lok Sabha has the right to permit the
grant after reducing the amount, and they do so by
cut motion which are of three types-token cut, policy
cut, and frugality cut.
Adjournment Motion: It is a motion to draw the
attention of members of the House on a subject or
 matter of public importance. 

According to the 61st Amendment of the

Constitution, 1989 the minimum age to be eligible to
vote was reduced from 21 to 18 years by amending
Article 326 of the Constitution to provide to the
unrepresented youth of the country an opportunity
to give vent to their feelings and help them to
become a part of politcal process. It became possible
by amending the Representation of the People Act,
1951.
The National Development Council is comprised of
the Prime Minister of India, Cabinet Members
(including Finance Minister), the Chief Ministers of
all the States Chief Ministers Lieutenant Governor of
Union Territories and the Members and secretary of
the Planning
The work done by the Parliament in modern times is
not only varied in nature but considerable in volume.
The time at its disposal in limited. Hence it cannot
give close consideration to all the legislative and
other matters that come up before it. A good deal of
its business is therefore transacted by what are
called the Parliamentary Committees.
The Committee on Public Accunts- The Committee
consists of not more than 22 members comprising 15
members eleceted by Lok Sabha every year from
amongst its members according to the principles of
proportional representation by means of single
transferable vote and not more that 7 members of
Rajya Sabha nominated by that House are associated
with the Committee. The examiniation of the
Appropriation Accounts relating to the Railways,
Defence Services, P&T Department and other Civil
Ministries of the Government of India and reporst of
the Comptroller and Auditor-General of India
thereon as also the reports of the Comptroller and
Auditor-General on revenue receipts mainly from
the basis of the deliberation of the Committee. The
tenure of this Committee is one year.
The Committee on Estimates – The Estimates

Committee, constituted for the first time in 1950, is a
Parliamentary committee which consists of 30
Members, elected every year by the Lok Sabha
amongst its members. The Chairman of the
committee is appointed by the Speaker amongst its
members. The most important function of the
committee is to suggest alternative policies to bring
efficiency and economy in administration.
The Committee on Public Undertaking – The
Committee on Public Undertakings consist of 15
members elected by the Lok Sabha and 7 members
 of Rajya Sabha. A Minister is not eligible for election 
to this committee The term of the committee is one

to this committee. The term of the committee is one
year. The main duty of this committee it to ascertain
whether the money granted by the Parliament has
been spent by Government. The Appropriation
Account, audit reports of CAG from the basis of the
examination of the committee.
The Committee on Petitions – This committee
consists of 15 members nominated by the Speaker. A
Minister is not nominated to this committee. The
function of the committee is to consider and report
on petitions presented to the House. Besides, it also
considers representations from individuals and
associations, etc. on subjects which are not covered
by the rules relating to petitions and gives directions
for their disposal.
The Parliament is the supreme legislative body, but
the laws made by the legislature do not infringe upon
the Basic Structure of the Constitution. Supreme
Court has the power of judicial review to check the
validity of the laws made by the Parliament.
The Golden Jubilee of the Indian Parliament was
celebrated on May 13, 2002 on (May 13, 1952 the
Parliament was constituted) for completing 50 years
of its formal establishment.
In 1925, Vitthalbhai Patel was elected as the first
Speaker of the Central Legislative Assembly. His
tenure was from 24 August, 1925 to 28 April, 1930.
The Public Accounts Committee is formed every
year with a strenght of not more than 22 members of
which 15 are from Lok Sabha and 7 from Rajya Sabha.
Its main function is to examine the audit report of
Comptroller and Auditor General (CAG) and submits
its report to the Parliament.
Public Accounts Committee – Financial
Committee
Committee on Petitions – Functional Committee
Joint Committee on Stock Market – Ad hoc
Committee
Departmental Committees – Standing
Committee
The Estimates Committee constituted for the first
time in 1950, is a Parliamentary committee
consisting 30 members, elected every year by the
Lok Sabha from amongst its members and no
member of Rajya Sabha is included in this
committee. While the Committee on the Public
Accounts and the Committee on Public
Undertakings consists of 22 members comprising 15
members elected by Lok Sabha every year and 7
members of Rajya Sabha.
Public Accounts Committee, Estimates Committee,
and Public Undertakings Committee are the
financial committees of Indian Parliament.
 
The Parliamentary Committee are of two types: (1)

The Parliamentary Committee are of two types: (1)
Standing (2) Ad-hoc. Despite these two promotion
category of committees, there are several other
committees of Parliament. The three main standing
Committees are:
Estimates Committee
Public Accounts Committee
Committee on Public Undertakings.
In 1993, on the recommendation of the Rules
Committee of the Lok Sabha, 17 departsments
related to Standing Committees were set up and in
2004 their number was increased from 17 to 24.
Committee on Welfare of SC’s and ST’s is one of the
departmental Standing Committee. Accordingly the
Committee for the welfare of SC’s and ST’s also
comes under the group of standing Committees.
For examining 2G spectrum scam P.C. Chacko was
made the chairman of the Joint Parliamentary
Committee, who submitted his report to the then
Speaker of Lok Sabha Mera Kumar.
The Parliament exercises control over the
administration through Parliamentary committees.
These committees are Public Accounts Committee,
Estimates Committee, Standing Committee, etc.
The Parliament (4)

Prevention of Food Adulteration Act was first
enacted in the year 1954.
According to Section 15 of Protection of Civil Rights
Act, 1955 all the offenses punishable under the Act
are congnizable and summarily Triable.
According to Section 1(2) of the Protection of Civil
Rights Act, 1955, it extended to the whole of India.
The first class Judicial Magistrates have been
empowered to hold special courts for the trial of
offences under the Protection of Civil Rights Act,
1955. In Uttar Pradesh, in each district, the Courts of
Chief Judicial Magistrates/Judicial Magistrates have
been designated as a Special Court for the trial of
offences under the Act.
If case of any offence committed by companies
under the Protection of Civil Rights Act, 1955, the
person responsible for the company affairs at the
time of the incident, whether Director, Manager or
Secretary shall be deemed to be guilty of that offence
and shall be prosecuted against and punished
accordingly.
Protection of Civil Rights Act, 1955 under section
15(1) provides that notwithstanding any thing
contained in Code of Civil Procedure, 1973 all

offences punishable under this Act shall be 
cognizable; section 10(a) 1 of this Act empowers the

cognizable; section 10(a) 1 of this Act empowers the
State Government to impose fine collectively on
offenders. Apart from it, this act provides for
imprisonment as well as fine to offender as mode of
punishment.
The Protection of Women from Domestic Violence
Act, 2005 was enacted by Parliament of India to
protect women from domestic violence. It came into
force on 26th October, 2006.
MISA Act was enacted in 1971 and was repealed in

1977. This Act was enacted for the maintenance of
internal security. Thus it is not a Social Act, while the
other three mentioned Acts were enacted for
prevention of social evils.
The Benami Transaction Act, 1988 was amended
through the Benami Transactions (Prohibition)
Amendment Act, 2016. There is a large principle
‘Ignorantia Juris non excusat’ which means
“Ignorance of law excuses no one.” This principle
holds that a person who is unaware of a law may not
escape liability for violating it merely because he was
not aware of it’s content.
In 1871, the British Government passed an Act,
Commonly known as Criminal Tribes Act. It was
enacted for the first time in India and was enforced
in the Northern part of India which was later
extended to the region of Bengal.
In 1986, the Government of India passed Consumer
Protection Act, 1986 for the protection of consumer
rights. Under this Act, the consumers are
empowered to take samples for food testing. A
consumer can file his complaint in consumer Forum
on any malfunction of failure of the product. He has
to pay a small fee for that. In the case of death of a
consumer his/her legal heir can file a complaint in
the Consumer Forum on his/her behalf.
On 11 September, 1989 the President gave his assent
to Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989. This Act came
into force on 30 January, 1990.
According to Section 23(1) of Scheduled Caste and
Scheduled Tribe (Prevention of Atrocities) Act, 1989,
the Central Government may, by notification in
official Gazette make rules for carrying out the
purpose of this Act.
Whoever being a public servant, commits any
offence under section 3, of the SCs and STs
(Prevention of Atrocities) Act, 1989 shall be
punishable with imprisonment for a term which
shall not less than one year.
The power of imposition and realization of collective
 fine and for all other matters connected in addition 
to that under Sec 16 of SC’s and ST’s Act 1989 is

to that under Sec. 16 of SC s and ST s Act, 1989 is
vested in State Government.
The Prevention of Money-Laundering Act, 2002 was

enacted in January, 2003. This Act came into force on
1 July, 2005. Prevention of Money-Laundering
(Amendment) Act, 2009 came into force on 1 May,
2009. The Act was further amended by Prevention of
Money-Launderting (Amendment) Act, 2012 which
came into force on 15 February, 2013.
The Land Acquisition Act, 1894 was enacted by
British rulers which was replaced by the right to fair
compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act,
2013. It was disputed ever since the enactement of
Land Acquisition Act, particularly forcible
acquistition.
The National Green Tribunal Act, 2010 was enacted
in consonance with right to a healthy environment,
constructed as a part of Right to Life under Article 21
of the Constitution of India. By this Act, the National
Green Tribunal was set up in the country.
Under Section 6(1) of the Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006, the Gram Sabha has been given
the authority to initiative the process for
determining the nature and extent of these rights.
After that, it is inquired at Tehsil and District level.
Namit Sharma Vs. Union of India is related to Right to
Information Act, 2005.
The Supreme Court

The Supreme Court in India was inaugurated on 28
January, 1950.
The Supreme Court of India was etablished
according to Part V, Chapter IV, Article 124 of the
Consitution of India and is the highest judicial forum
and the final Court of Appeal. Establishment of the
Supreme Court of India, its composition and
Jurisdiction has been laid down in Article 124 to 147
of the Indian Constitution. Initially, during the 1950s
the Supreme Court consisted of a Chief Justice and
seven Judges. In 1956, the number rose to eleven, and
it kept rising to fourteen, eighteen, twenty-six and
thirty-one including the Chief Justice in 1960, 1978
and 2008 respectively.
There was 25 Judges when the question was asked.
The number of Judges was later extended to 31
(including Chief Justice) under an Act of 2008
(notified in February, 2009). According to Article
 
124(1) of the Indian Constitution there shall be a

124(1) of the Indian Constitution, there shall be a
Supreme Court of India.
Article 124 of the Constitution provides for the
formation of the Supreme Court. The power to
increase the number of Judges in the Supreme Court
of India is vested in the Parliament.
According to Article 124(2)(a) of the Indian
Constitution, a Judge may, by writing under his hand
addressed to the President, resign his office. The
President also appoints every Judge of the Supreme
Court and High Court by warrant under his hand and
seal after consultation with the Supreme Court and
the High Courts in the States.
According to Article 124(4), a Judge of the Supreme
Court cannot be removed from his except by an
order of the president (an impeachment by the
Parliament) passed after an address in each House of
Parliament supported by a majority of the total
membership of that House and by a majority of not
less that two-thirds of members present and voting,
and presented to the President in the same session
for such removal on the ground of proved
misbehaviour or incapacity. A person who has been a
Judge of the Supreme Court is debarred form
practising in any court of Law or before any other
authority in India.
According to Article 125(1) of the Constitution, there
shall be paid to the Judges of the Supreme Court such
salaries as may be determined by Parliament by law
and, until provision in that behalf is so made, such
salaries as are speciefied in the Second Schedule.
According to Article 124(7) of the Constitution, no
person who has held office as a Judge of the Supreme
Court shall plead or act in any Court or before any
authority within the territory of India. While Article
220 of the Constitution provisions that no person
who, after the commencement of this Constitution,
has held office as a permnent Judge of a High Court
shall plead or act in any Court or before any
authority in India except the Supreme Court and the
other High Courts.

the Acting Chief Justice of the Supreme Court is
appointed by the President of India. It is done if the
post of Chief Justice is vacant or he is unable to
dicharge his duties.
Collegium System for appointment of Judges was
adopted by Supreme Court in 1993. The collegium
System has it’s genesis in three of Supreme Courts
Judgements Collectively knwon as the Three Judges
Case.
The Supreme Court’s Collegium comprises the Chief
 Justice of India and 4 Senior Judges for 
recommendation appointee to the Supreme Court

recommendation appointee to the Supreme Court.
There are minimum 5 Judges of the Supreme Court
required for hearing any case involving
interpretation of the Constitution. It is designated as
Constitutional Bench.
The largest bench (13 Judges) constituted by the
Supreme Court till date was in the case of
Keshvananda Bharti (1973). The second largest bench
(11 Judge) constituted by the Supreme Court till date
was in the Case of Golaknath vs. State of Punjab
(1976).
Article 131 of the Constitution of India dals with
Original jurisdiction of the Supreme Court.
According to this article Supreme Court shall, to the
exclusion of any other Court, have original
jurisdiction in any dispute –
between the Government of India and one or more
States; or
between the Government of India and any State or
States on one side and one or more other States on
the other; or
between two or more States, if and in so far as the
dispute involves any question (whether of law or fact)
on which the existence or extent or a legal right
depends.
Provided that the said jurisdiction shall not extend to
a dispute arising out of any treaty, agreement,
convent , engangements, and or other similar
instrument which, having been entered into or
executed before the commencement of this
Constitution, Continues in operation after such
commencement, or which provides that the said
jurisdiction shall not extend to such a dispute.
The Supreme Court held the above concept in the
Case of Golaknath Vs. the State of Punjab.
Bella Banerjee Case is related to the West Bengal
Land Development and Planning Act, 1948. Right to
travel abroad as a part of personal liberty was
considered in the case of Maneka Gandhi (1978).
All the cases regarding the interpretation of the
Constitution can be brought to the Supreme Court
under its appelate Jurisdiction. The Appellate
Jurisdiction of the Supreme Court can be divided into
following heads-
1. The Appellate Jurisdiction of the Supreme Court in

appeals from High Courts of any judgement, decree
or order passed by High Court in the territory of
India whether i n Civil, criminal or another
proceeding, that involves a substantial question of
law or interpretation of the Constitution.
2. The Appellate Jurisdiction of Supreme Court in
appeals from High Courts regarding civil matters
 
(whether or not containing Constitutional questions)

(whether or not containing Constitutional questions)
(Article-133).
3. The Appellate Jurisdiction of Supreme Court
regarding criminal matters (whether or not
containing Constitutional questions) (Article – 134).
4. The Special Leave appeal by the Supreme Court
(Article- 136).
The concept of Curative Petition was evolved by the

Supreme Court of India in the case of Rupa Ashok
Hurra Vs. Ashok Hurra, 2002 (4) SCC 388. According
to the decision of the Supreme Court, the Curative
Petition can be appealed in the Supreme Court under
Article 142 of the Constitution.
Under Article, 137 Supreme Court has the power to

review its judgement subject to the provision of any
law made by Parliament or any rule made under
Article 145 of the Indian Constitution.
The judicial review is the doctrine under which the
Legislative and the Executive actions are subject to
review by the Judiciary. Article 13 of the Constitution
of India provides for Judicial review which is inspired
by the Constitution of United States of America,
while the Parliament is the supreme body in the
United Kingdom and law made by its cannot be
challenged in Court.
Uner Article 122 of the Constitution, the Courts have
been prohibited from inquiring into proceedings of
the Parliament.
The Supreme Court has the final authority to
interpret the Constitution. The Supreme Court has
been declared as the Guardian or Custodian of the
Constitution.
A Constitution (Amendment) Act may be declared
unconstitutional by the Supreme Court of India if it
removes the Right of Equality before the law from
Part III and Places it elsewhere in the Constitution
because Article 13(2) states that the State shall not
make any law which takes away or abridges the
rights conferred by this Part and any law made in
contravention of this clause shall, to the extent of the
contravention, be void.
An Independent Judiciary, having the power of
‘Judiciary review’ is a prominent feature of Indian
Constitution. The Constitution of India explicity
establishes the doctrine of Judicial review in several
Articles, such as 13, 32, 131-136, 143, 226 and 246. In
India, the concept of Judicial review is founded on
the ‘rule of law which is the proud heritage of ancient
Indian culture and traditions.
 
Article 143 of the Constitution of India deals with

‘Power of President to Consult Supreme Court.’
The jurisdiction of the Supreme Court of India can
be enlarged by the Parliament by making a law.
the Parliament can enlarge the additional
jurisdiction and the powers of the Supreme Court by
making a law.
Under Article 143 sub-clause (1), President can obtain
the opinion of Supreme Court on the questions of
law or fact which is of such nature and of such public
importance that it is expedient to obtain the opinion
of the Supreme Court. He may refer the question to
that Court for consideration. So under 143 (1),
President of India can refer to the Supreme Court
regarding the process of appointment and transfer of
Judges in the Supreme Court and High Courts of
India.
Judicial Activism in India is related to Public Interest
Litigation. Judicial Activism in India started in 1980s,
on the initiative of the Supreme Court.
The Supreme Court has demounced the CBI as a
“Caged Parrot” in the case of Coal Gate allocation
scam.
The term “PIL” originated in the United States. Since

the nineteenth century, various Movements in that
country had contributed to Public Interest Law,
which was part of the legal aid movement. The first
legal aid office was established in New York in 1876.
On 23 September 2003, Justice M.B. Shah of the
Supreme Court of India glorified the status of women
in Indian Society by an important Judgement. The
Court held that the preference given to women for
being appointed as a Principal of the Government
College for Girls is not violative of Articles 14, 15 and
16 of the Constitution.
The Supreme Court shall sit in Delhi or such other
place or places, as the Chief Justice of India may, with
the approval of the President, form time to time,
appoint (Art. 130).
The Governor
There was much debate in the Constituent Assembly
regarding the subject of appointment or election of
Governor in the States. Krishnamachari, B. G. Kher,
J.B. Pant were in favour of election, while B.R.
Ambedkar, Jawaharlal Nehru were in favour of
nominated Governor. Finally with general
consensus, the provision of nominated Governor
was accepted and the original proposal for the
provision of elected Governor was cancelled as –
 
1 This would have increased election expenditure

1. This would have increased election expenditure
2. Nomination of governor would help avoiding clash of
political ambition of the Chief Minister and the
Governor as the election would have been fought on
major issues, they would have pursued different
policies.
3. The Centre would not have effective control over the
State otherwise.
Governor of a state can act according to his

discretion in following situations –
1. Toask the Government to prove majority in the

State Legislative Assembly
2. Toterminate a Chief Minister who has lost
confidence of the Assembly.
3. To provide or with hold assent to a Bill or reserve a
Bill for the consideration of the President (Art. 200)
4. To return a Bill to the Legislative Assembly for
reconsideration (Proviso of article 200)
Besides, the Governor uses his discretion while

imposing President’s rule in the State and dissolving
the State Legislature. The Governor however has not
been authorized to consult the High Court.
Under Part XXI of the Constitution of India, which

deals with “Temporary, Transitional and Special
Provisions,” the State of Jammu and Kashmir has
been accorded special status under Article 370. Prior
to 1965, head of the Executive was elected by the
Legislative Assembly of Jammu and Kashmir but by
an amendment to the State Constitution, his
dissimilarity was removed. The Executive head is
now known as Governor in place of Sadar-e-Riyasat
and is appointed by the President of India.
Every Governor and every person discharging the
functions of the Governor shall, before entering
upon his office, make and subcribe in the presence
of the Chief Justice of the High Court exercising
jurisdiction in relation to the State or in his absence,
the senior most Judge of that Court available, an oath
or affirmation in the prescribed form as provided in
Article 159 of the Indian Constitution.
Every Judge of a High Court is appointed by the
President by warrant under his hand and seal after
consultation with the Chief Justice of India, the
Governor of the State, and, in the case of
appointment of a Judge other than the Chief Justice,
by the Chief Justice of the High Court. While
members of the Chief Justice of the High Court.
While members of he Public Service Commission
 
and the advocate General is appointed by the

and the advocate General is appointed by the
Governor on the advice of the Chief Minister.
Sarojini Naidu was the first woman to become the
Governor of a State in India. After Independence, she
became the Governor of Uttar Pradesh and died in
office in 1949. She became the first woman Governor
of Uttar Pradesh.
The first Governor who was dismissed from his
office was Prabhudas Patwari, the Governor of Tamil
Nadu. He was removed from his office in October,
1980. Raghukul Tilak was the first Governor of
Rajasthan who was dismissed in August, 1981 from
his office.
The State Legislture

According to Article 164, the Chief Minister shall be
appointed by the Governor and the other Ministers
shall be appointed by the Governor on the advice of
the Chief Minister, and the Ministers shall hold
office during the pleasure of the Governor. The Chief
Minister and other Ministers are not selected by the
Governor.
According to Article 168, the Legislature of a State
consists of Governor, Legislative Assembly, and
Legislative Council. Currently, Andhra Pradesh,
Bihar, Maharashtra, Karnataka, Telangana, Jammu-
Kashmir and Uttar Pradesh have bi-cameral
Legislature.
The Money Bills are presented only in Legislative
Assembly in States. Under Article 198(2), the Money
Bill transmitted to Legislative Council for its
recommendation shall be returned within 14 days
and the Legislative Assembly may either accept or
reject all or any recommendation of the Legislature
Council.
According to Article 168(2), where there are two
Houses of the Legislature of a State, one shall be
known as the Legislative Council and the other as the
Legislative Assembly, and where there is only one
Houe, it shall be known as the Legislative Assembly.
In the case of two Houses, the Legislative Council
would be the Upper House and the Legislative
Assembly would be the Lower House.
According to Article 207(1), a Bill or amendment
making provision for any of the matters specified in
sub-clause (a) to (f) of clause (1) of Article 199 shall
not be introduced or moved except on the
recommenation of the Governor, and a Bill making
such provision shall not be introduced in a
Legislative Council.
According Article 197, if after has been passed by the
Legislative Assembly of a State it shall be transmitted
to the Legislative Council if state has a Legislative

Council. The Legislative Council can with hold the 
Bill for 3 months without the Bill being passed by it

Bill for 3 months without the Bill being passed by it.
And, if after a Bill has been so passed for the second
time by the Legislative Assembly and transmitted to
the Legislative Council, it can lay up to 1 month. So in
total Legislative Council can dertain the ordinary Bill
up to 4 months.
The State Legislative Assembly can participate in the
election of the President of India, Members of Rajya
Sabha and the Members of the Legislative Council.
But cannot participate in the election of the Vice
President of India.
The High Court

According to Article 217 (1), every Judge of a High
Court shall be appointed by the President by warrant
under his hand and seal.
According to Article 202(3)(d), the salaries and
allowances of the Judges of a High Court are charged
to the Consolidated Fund of th State, but according to
Article 112(3)(d), they get their pension from the
The total number of High Courts is 24 in India.
Among these six have the jurisdiction over moe than
one State. Union Territory Delhi has its own high
Court.
The retirement age of a Judge of High Court is 62
years. It has been fixed under Article 217(1) by the 15th
Constitutional Amendment 1963. Prior to that it was
60 years. 114th Amendment Bill for increasing the
retirement age of a High Court Judge from 62 to 65
years in under consideration before Parliament.
Presently there are 24 High Courts in the county.
High Courts are instituted as Constitutional Courts
under Part VI, Chapter V, Article 214 of the Indian
Constitution. National Capital Territory of Delhi has a
High Courts of its own (established in 1966). It is the
only Union Territory to have a separate High Court.
While Punjab, Haryana and the Union Territory of
Chandigarh have a common High Court.
The Chief Justice of a High Court acts in dual
capacity, i.e. judicial and administrative. In
administrative capacity, the Chief Justice of a High
Court is subject to the Writ Jurisdiction of any other
judge of High Court. He controls observes,
superintendents and adiministates the Lower
Courts.
Kolkata High Court has the territorial Jurisdiction

over the Andaman and Nicobar Islands while
Chandigarh comes under the Jurisdiction of Punjab
and Haryana High Court. Delhi has its won High
Court while Puducherry come under the Jurisdiction
of Chennai High Court and Lakshadweep come
 under the Jurisdiction of Kerla High Court. 
Mumbai High Court has its Jurisdiction over more

Mumbai High Court has its Jurisdiction over more
than one State or Union Territories. It has
Jurisdiction over the States of Maharashtra and Goa,
and Union Territory of Daman and Diu and Dadra and
Nagar Haveli.
Habesu Corpus – Let us have the body
Mandamus – We commoand
Prohibition – Writ to subordinate courts
Certiorari – Be more fully informed
Quo-Warranto – By which authority
Then this question was asked, Manipur did not have
its own High Courts. It was under Guahati High
Court. High Court of Manipur was established in
March, 2013.
Sri Rajeev Gupta became the Chief Justice of
Chhattisgarh High Court on 2 February, 2008. He
was Chief Justice of Uttarakhand High Court before
becoming the Chief Justice of Chhattisgarh High
Court.
In January 2013, the Indian Government established
three new High Courts i.e. (Meghalaya, Manipur and
Tripura) i n the North-Eastern States). These High
Courts started working from March 2013.
Excluding the Union Territories, there are four High
Court having Jurisdiction over more than one State.
They are –
Guahati High Court – Arunachal Pradesh, Assam,

Nagaland and Mizoram
Mumbai High Court – Maharashtra and Goa
Punjab and Haryana High Court – Punjab
and Haryana
Telangala and Andhra Pradesh High Court –
Andhara Pradesh and Telangana
Matters regarding the protection of Fundamental
Rights come under the common Jurisdiction of the
Supreme Court and High Courts. The Supreme
Court (under Article 32) and High Courts (under
Article 226) have the power to issue a writ for the
enforcement of any of the rights conferred by Part III
(Fundamental Rights) of the Constitution of India.
A writ of Mandamum (which means “we command”
in Latin), or sometimes mandate, is he name of one
of the prerogative writs in the common law. It is
“issued by a superior court to compel a lower court
or a Government officer to preform mandatory or
purely ministerial duties correctly.
According to Article 236(a), the expression district

 Judge includes Judge of a city civil Court, additional 
district Judge joint district Judge assistant district

district Judge, joint district Judge, assistant district
Judge, chief Judge of a small cause court, chief
presidency magistrate, additional chief presidency
magistrate, sessions Judge, additional sessions Judge
and assistant sessions Judge. The district Judge shall
not include the Tribunal Judge.
The term District Judge is mentioned in Article 233 f
the Indian Constitution which deals with the
appointment of District Judges.
According to section 11 of Gram Nyayalayas Act,
2008 the Gram Nyayalaya shall exercise both civil
and criminal Jurisdiction in the manner and to the
extent provided under this Act. While According to
Section 27, the district Court shall in consultation
with district Magistrate prepare a panel consisting of
the names of social workers at the village level.
The Centre-State Relation

Taxes on income other agricultural income are
levied and collected by the government of India and
distributed between the Union and the States.
Part XI and Part XII of the Indian Constitution deal
with the relation between the Union and States. In
India, the planning process is done by the Union, so it
is seen that in the case of different political party
governments at Centre and State there is a conflict of
interest and there is a desire to dominate which
ultimately hampers the growth of the country.
The Center-State relations in India are dependent
upon all the factors i.e. Constitutional provisions,
Conventions and Practice, Judicial interpretations
and Mechanism for dialogue.
According to Article 249(2), a law made by the
Parliament after a resolution passed under Article
249(1) by Council of State shall remain in force such
period not exceeding one year.
all the provisions regarding relations between
Centre and States lies in the 7th Schedule of the
Indian Constitution.
Article 245 describes the extent of laws made by
Parliament and by the Legislatures of States.
According to Article 246(1)- Parliament has exclusi ve
power to make laws with respect to any of the
matters eneumerated in List-I (Union List) in the
Seventh Schedule. As per Article 246(2), Legislature
of any State also, has the power to make laws with
respect to any of the matters enumerated in List III
in the Seventh Schedules and according to Article
246(3), Parliament has the power to make laws with
respect to any matter for any part of the territory of
India not included (in a State) notwithstanding that
such matter is a matter eneumerated in the State
List.
 STUDY FOR CIVIL SERVICES-GYAN 
Article 249 of the Indian Constitution is related to

the legislative powers of the Parliament with respect
to matters in the Stae List in the national interest.
This Article empowers the Parliament to make laws
with respect to any matter enumerated in the State
List.
The legislative relations between Centre and States
are given in Part XI of the Indian Constitution under
Article 245-255. Legislative subjects have been
distributed among the three lists of the seventh
schedule – Union List (97 subjects), State List (66
subjects) and concurrent List (47 subjects).
all the residuary legislative powers have been
provided to the Parliament although, these are often
provided to States in other federal set up in the case
of the U.S.A.
The zonal councils have been set up under the state
reorganization Act, 1956 to advise on matters of
common intersest to each of the five zones into
which the territory of India has been divided. Zonal
councils are not constitutional bodies rather they are
statutory bodies rather they are statutory bodies.
Originally five zonal Councils were formed as per the
status Reorganisation Act, 1956. Presently the
number of zonal councils is six-
They are –
Northern Zonal Council
Central Zonal Council
Eastern Zonal Council
Western Zonal Council
Sourthern Zonal Council
North Eastern Zonal Council
Chandigarh, although not a state, is icluded in zonal
council. Similarly Delhi, Dadra & Nagar Haveli,
Daman & Diu and Puducherry also have been
included in the zonal councils.
River Boards Act was enacted and came into force in
1956.
Parliament Act-1956 formed 5 regional Councils
namely – North, South, Central, East and West. Sixth
Rigional Council North East was formed in 1971.
Home Minister is the Chairman of every Council.
The Inter-state council was established under Article
263 of the constitution of India through a Parliament
order dated 28th May, 1990. The council consists of –
Prime Minister – Chairman

Chief Minister of all states – Members
Chief Ministers of Union – Territories having a
Legilative Assembly and Administrators of UTs not
 having a Legislative Assembly – Members 
Six ministers of Cabinet rank in the Union council of

Six ministers of Cabinet rank in the Union council of
Minister to be nominated by the Prime Ministers –
Members.
Article 265 of the Constitution lays down that no tax

shall be levied or collected except by the authority of
law. Article 266 provisions for the Consolidated
Funds and Public Accounts of India and the States,
Article 300 deals with suits and proceedings and
Article 368 is related to the procedure of
Constitutional Amendments.
To consider the relationship between Union and
State and to give suggestion to strengthen it, a
commission was formed under the Chairmanship of
Justice R.S. Sarkaria on 9 June, 1983 B. Shivaraman
and S.R. Sen were the two members of this
Commission. This Commission submitted its report
in January 1988.
The Sarkaria Commission was established in 1983 to
consider and give recommendations on Centre-State
relations. In its recommendation, the Commission
suggested that exercise o f President Rule must be in
rare or exceptional cases. Commission has expressed
its view that Article 356 has been misused several
times. Often, the declaration of President’s Rule has
been made without considering other provision.
Indrajit Gupta Committee was established in 1998 to
recommend on state funding of elections, while
other three committees were related to Union-State
relation in India. The Gupta Committee
recommended that State funds should be given to
only National and State Parties allotted a symbol and
not to independent canidates. The commission also
suggested that the fund should be given in the form
of certain familities.
According to Article 293(1), the excecutive power of a
State extends to borrowing within the territory of
India upon the security of the Consolidated Fund of
the State within such limits, if any, as may from time
to time be fixed by the Legislature of such State by
law and to the giving of guarantees within such
limits. So it is obvious under the Constitution of India
of the State cannot obtain foreign loans directly. The
foreign loas can be obtained (on the guarantee of
Government of India) by the States through Union
Government.
In Article 274 of the Constitution, the provision is
stipulated for taxation of agricultural income in
which the State is interested.
Article 270 deals with the taxes or duties which are
levied and collected by the Union but proceeds
thereof are divided between Union and State. In the
given options tax on income other than agricultural
is one such tax.
 
Article 352 – If the President is satisfied that a grave

Article 352 If the President is satisfied that a grave
emergency exists, whereby the security of India or
any part of the Territory thereof is threatend,
whether by war or external aggression or armed
rebellion, then the President may by Proclamation
make a declaration of
Article 355 – It shall be the duty of the Union to
protect States against external aggression and
internal disturbance.
Article 356 – If the President, on receipt of report

from the Governor of the State or otherwise, is
satisfied that a situation has arisen in which the
Government of the State cannot be carried on in
accordance with the provisions of this Constitution,
then the President may declare the State under the
President’s Rule.
Article 360 – If the President is satisfied that a
situation has arisen whereby the financial stability or
credit of India or any part of the Territory thereof is
threatened, he may by a Proclamation make a
declaration of Financial Emergency.
the President of India can suspend the enforcement
of the Rights conferred by Part III (Fundamental
Rights) except Article 20 and 21. The President may
by order declare the rights conferred by Part III
(Except 20 &21) and right to move any court for the
enforcement of the rights shall remain suspended.
Whereas Under Article 358 after 44th Amendment,
Article 19 shall be suspended, if any part of the
territory is threatened by war or external aggression.
M. Nambiar while opposing provisions related to the
President’s Rule in the States mentioned that the
“Emergency power of the President is a fraud with
the Constitution”.
Through the 44th Amendment Act, 1978, the
duration of a Proclaimation made under Article 356
was limited to a period of one year unless a
Proclaimation of Emergency under Article 352 is in
operation and the Election Commission certifies that
it is not possible to hold elections to the Legislative
Assembly of the State concerned immetiately, in
which case, it may be extended up to three years by
successive resolutions for continuance being passed
by both Houses of Parliament.
The Financial Emergency (Under Article 360) has
never been declared in India so far.
According to proviso of Article 172(1), while a
Proclaimation of Emergency is in operation, the
duration of a state Legislative Assembly may be
extended by the Parliament by law for a period not
exeeding one year at a time and not extending in any
 
case beyond a period of six months after the

case beyond a period of six months after the
Proclaimation has ceased to operate.
The Finance Commission

Article 280 of the Constitution provides for the
formation of the Finance Commission after the
expiration of every fifth year or at such earlier time
as President considers necessary. Its main function is
to submit recommendations to the President
regarding the allocation of net proceeds of taxes
between the Union and the States and the method of
distribution among the States. It may be mentioned
that the first Finance Commission was sut up on
November 2 2, 1951, in the Chairmanship of K .C.
Niyogi. The Committee had submitted its
recommendations in 1953.
The Finance Commission recommends the principle
governing the grant-in-aid of the revenues to states
out of Consolidated Fund of India. The Commission
submits its report to the Preident.
The function of the Finance Commission is to
recommend the disribution of the net proceeds of
taxes between the Union and the States; Inter-State
Council is established for coordination and
cooperation among states, and the main function of
the Planning Commission is to allocate resources
between the Centre and the State. The Planning
Commission has been replaced by ‘Niti Aayog’
(National Institution For Transforming India)
Seventh Schedule of the Constitution is for
distribution of powers between the Union and the
States. There are 3 lists under this –
1. Union List
2. State List
3. Concurrent List
According to Article 280(3) of the Constitution, the

main functions of the Finance Commission is –
1. To recommend the distribution of the net proceeds

of taxes between the Union and the States.
2. To determine the principles which should govern the
grants in aid of the revenues to the States out of the
Consolidated Fund of India
3. To suggest the necessary measures to increase the
Consolidated Fund of the State for the development
of Panchayats in the state on the basis of
recommendation made by finance commission.
4. Any other matter referred to the Commission by the
President in the interest of the sound financial
administration.

 
Under Article 280(3) of the Constitution, the Finance

Commission of India gives its suggestion in
following cases:
1. Distribution
of receipts of federal taxes between the
Union and the States;
2. Under Article 275 aid in the revenue of the States;
and
3. Any further topic about which the President will
recommend to the Commission.
Apart from above matter 13th Finance Commission

(2010-15) recommended Good and Services Tax,
Financial Management for relief expenditure. On 2nd
January 2013 President ordered to constitue the 14th
Finance Commission whose tenure will be form 1st
April 2015 to 31st March 2020. The Chairman of the
Commission is Y.V. Reddy. 13th Finance Commission
recommended toincrease the share of state from
32% to 42% in the tax of the Union.
Income Tax is levied and distributed between the
Union and the States under Article 270 and Central
Excise Tax is divided under Article 272 on the
recommendation of the Finance Commission. The
Finance Commission also determines the grant-in-
aids to the States under Article 275, but the Trade Tax
is imposed and collected by the States whose
distribution is not the subject of the Finance
Commission’s functions.
According to Article 242(1) of the Constitution, the
Governor of a State shall, as-soon as may, be within
one year from the commencement of the
Constitution (Seventy-Third Amendment) Act, 1992
and thereafter at the expiration of every fifth year,
Constitute a Finance Commission to review the
financial position of the Panchayats and to make
recommendationsa to the Governor. Thus, the State
Finance Commission is a Constitutional body. Article
280(3) (bb) of the Constitution lays down the Finance
Commission to make its recommendations with
respect to the Panchayats and Municipalties “on the
basis of the recommendations made by the Finance
Commission of the ”
The provisions under Article 268 to 279 relating to
the distribution of taxes between the union and the
States, can be, suspended by the Parliament’s order
at the time of National emergency subject to specific
modification as required by the order as provided in
Article 354 (1) of the Constitution of India.
Till now 14 Finance Commission has been formed.
The 14th Finance Commission was formed in January
2013 under the Chairmanship of Y.V. Reddy.
Under Article 208(1) of the Constitution, the Finance
Commission consists of 4 members other than the
 Chairman appointed by the President of India. 

The Planning Commission

The Planning Commission was set up in March 1950
by the first Prime Minister Jawaharlal Nehru to
optimize scare resources in newly-born Nation,
Prime Minister Narendra Modi announced on
August 25, 2014 from the Red Fort to abolish old
Planning Commission. In accordance with a key
announcement made by Prime Minister Narendra
Modi on Independence Day, the Union Government
established NITI Aaayog (National Institution for
Transforming India), as a replacement for the
Planning Commission on January 1, 2015. NITI Aayog
will seek to provide a cirtical directional and
strategic input into the developmental process.
The Planning Commission was a non-Constitutional
intitution. It is not mentioned in the Constitution.
The Commission was formed by a resolution of the
Cabinet on March 15, 1950. Prime Minister used to be
the Chariman of this Commission. Its main function
was to prepare a 5 year plan for the Union and to give
suggestions on annual plans of the States Almost 70
percent granst to the States by Centre were given on
the recommendation of the Commission NITI Aayog
has replaced the Planning Commission. It is also an
extra-constitutional body. It has been formed by a
resolution of the Cabinet on 1 January, 2015.
The suggestion for merging Planning Commission
and Finance Commission was given by M.V. Mathur.
Sri M.V. Mathur was one of the members of the 3rd
Finance Commission which was formed in 1960.
The Union Public Service Commission and the
Public Service Commissions for States under Article
315 and Finance Commission under Article 280 have
been provided in the Constitution of India while
Planning Commission has not been mentioned in
the Constitution. The Planning Commission is an
extra-Constitutional body and was established in
1950 by executive order.
The Planning Commission was established on March
15, 1950 by a resolution of the Union Cabinet to make
planning effective in India. Pt. Jawaharlal Nehru was
the first Chairman of the Planning Commission as
the Prime Minister used to be the ex-officio
Chairman of this Commission.
The National Development Council (NDC) is the apex
body for decision making and delibeeration on
development matters in India. It is presided over by
Prime Minister. It is comprised of Prime Minister as
the Chairman of the Commission, Deputy Chairman
of the Planning Commission, Chief Ministers,
Cabinet Ministers and the Members of the Planning
Commission.
 
Chidambaram was never the Deputy Chairman of

the Planning Commission, while Dr. Manmohan
Singh (1985-1987), Pranab Muekerjee (1991-1996),
Montek Singh Ahluwalia (2004-2014) have served as
the Deputy Chairman of Planning Commission.
The Deputy Chairman of the Planning Commission
is equivalent to a Cabinet Minister of Indian
Government. Gulzarilal Nanda was the first Deputy
Chairman of the Planning Commission.
The National Development Council (NDC) was set up
on 6 August, 1952 by an executive order of the
Government. Its main functions are:
To prescribe guidelines for the formulation of the
National Plan, including the assessment of resources
for the plan;
To consider the National Plan as formulated by the
Planning Commission;
To consider important of social and economic policy
affecting National development;
Te review the working of the Plan from time to ti me
and to recommend such measures that are
necessary for achieving the aims and targets set out
in the National Plan. Planning Commission suggests
ways for allocation of money to National Plan not the
National Development Council.
The National Development Council was established
in August, 1952. It consists of the following members
–
1. Prime Minister as its Chairman

2. Ministers of the Union Cabinet
3. Chief Ministers of all the states
4. Chief Minister/Administrators of the Union
Territories
5. Members of the Planning Commission
Government Prime Minister is the Chairman of the

National Development Council and all the Chief
Ministers of the States are its member. The Secretary
of the Planning Commission is also the Ex-officio
Secretary of the National Development Council. NDC
finally approves five years plans. NDC acts as a
coordinator between the planning commission and
State Governments.
Lokpal and Improtant Commission

The establishment of Lokpal and Lokayukta in India
was recommended by the first Administrative
 
Reforms Commission. This Commission was set up
on January 5 1966 in the Chairmanship of Morarji
on January 5, 1966 in the Chairmanship of Morarji
Desai. Later in 1967, K. Hanumanthaiah was
appointed as its Chairman. The term of the
Commission ended in 1970.
The first Lokpal Bill was presented in 1968 during the
fourth Lok Sabha whereas it was passed in 1969, but
before it could by passed by Rajya Sabha, the Lok
Sabha was dissolved, and the bill
The Second Administrative Reforms Commission
has recommendation that appointment of Judges to
Higher Courts should be through the participation of
the Executive, Legislature, and Chief Justice of India.
The Indian model of Ombudsman is Lokpal.
Ombudsman was first established in 1809 as an
independent supervisory agency in Sweden.
The Lokpal Bill was introduced on 4 August, 2011 in
Lok Sabha by the then Minister of Parliamentary
Affairs, V. Narayanasami and after it was sent to
Standing Committee of Parliament of Public
Grievance, law and Justice. It has been termed ‘weak’
by Civil Society members.
In 1971, the first Lokayukta was established in
Maharashtra. Many States o f India have established
Lokayukta –
Bihar (1973)
Uttar Pradesh (1975)
Madhya Pradesh (1981)
Andhra Pradesh (1983)
Karnataka (1985)
Assam (1986)
Gujarat (1986)
Punjab (1995)
Delhi (1996)
Haryana (1996)
Odisha was the first State to pass the legislation
related to Lakayukta, but this institution did not
come into existence till 1983. Also Odisha was the
first State that abolished the Lokayukta in 1993.
Uttar Pradesh Lokayukta Act, 1975 the Lokayukta
submits its report to the Govenor which is presented
in both the Houses of the State Legislature.
Uttarakhand Passed the Lokayukta Bill on 1
November, 2011.
Ther were five members included from the civil
services for drafting the Lokpal Bill- Anna Hazare,
Arvind Kejariwal, Shanti Bhushan, N. Santosh Hegde
and Prashant Bhushan.
The Presidnet of India promulgated the Protection of
Human Rights Ordinance, 1993 under Article 123 of
the Indian Constitution on 28th September, 1993 to
 provide for the Constitution of a National Human 
Rights Commission State Human Rights

Rights Commission, State Human Rights
Commission in State and Human Right Courts.
Vohra Committee was formed in 1993 to study the
problem of criminalisation of politics and the nexus
among criminals, politician, and bureaucrats in
India.
The main objectives of the Protection of Human
Rights Act, 1993 is to provide for the constitution of
the National and State Human Rights Commissions
and Human Rights Courts for better protection of
Human Rights and mattes connected in addition to
that or incidental to it.
The Rajamannar Commission had recommended
ending the Indian Administrative Services and
Indian Police Services.
Section 2(M) of Human Rights Protection Act, 1993
defines ‘Public Servant’. It shall have the same
meaning assigned to the term under Section 21 of
Indian Penal Code.
A person appointed as the Chairperson of National
Human Rights Commission holds office for a term of
five years from the date on which he enters upon his
office or until he attains the age of seventy years,
which-ever is earlier. Notably, only an ex-Chief
Justice of the Supreme Court can be appointed as the
Chairperson.
Roze Millan Bethew was the first woman Chairman
of Union Public Service Commissin who served in
this post from 1992 to 1996.
Article 323 of the Constitution of India provides that

it shall be the duty of the Unon Public Service
Commission to give the report to the President about
the Commission’s work every year and the President
shall cause a copy thereof together with a
memorandum explaining, as respects the case if any,
where the advice of the commission was not
accepted, the reason for such non acceptance to be
laid before each House of Parliament.
Under the Government of India Act, 1919 the first
Public Service Commission was set up on October 1st,
1929 consisting a Chairman and four Members. It
was name d Fedral Public Service Commissin, under
the Government of India Act, 1935.
According to Article 322 of the Constitution, the
expenses of Union Public Service Commission and
expenses of State Public Service Commissions is
charged on Consolidated Fund of India and
Consolidated Fund of the State respectively.
Under Article 320, the function the State Public
Service Commission does not contain transfer of
civil servants. Therefore, the State Public Service
 
Commission is not consulted on the matter of

Commission is not consulted on the matter of
transferring Civil Servants.
Temporary Special Provisions

Article 371 to 371 (1) of the Indian Constitution deal
with special provisions in relation to States o f
Maharashtra, Gujarat, Nagaland, Assam, Manipur,
Andhara Pradesh, Sikkim, Mizoram, Arunachal
Pradesh and Goa.
There is one Constitution for all the Indian States
and the Centre, but the State of Jammu and Kashmir
is an exception to this, because there are certain
temporary provisions with respect to the State of
Jammu and Kashmir under Article 370. This State
has its separate Constitution.
According to temporary, transitional and special
provisions, of Part XXI of the Indian Constitution
special provisions have been made for the tribal
areas in Assam under Article 371-B.
Article 371 of the Constitution makes special
provisions for the States of Maharashtra and Gujarat.
Article 1 and Article 370 of the Indian Constitution
apply on their own to the State of Jammu and
Kashmir.
The Constituent Assembly of Jammu and Kashmir
abolished the hereditary rule of Maharaja and
elected Karn Singh as the First Sadr-e-Riyasat of
Jammu and Kashmir in 1951. Later, the name ‘Sadr-e-
Riyasat’ was renamed as ‘Governor’ by Sixth
Amendment Act, 1965 of the Constitution of Jammu
and Kashmir.
Election Commission
The powers, salaries, allowances of Chief Election
Commissioner and other Election Commissioners
are equal; they are entitled to the same salary as is
provided to a Judge of the Supreme The term of the
Chief Election Commissioner is 6 years or to the age
of 65 years (whichever is earlier) and they may be
removed in the same manner as provided for the
Judges of the Supreme Court.
According to mha.nic.in/Hindi/top Table of
precendence, Chief Justice of India and Speaker of
Lok Sabha is at Rank 6th, Governor of a State is at
Rank 4th, Speaker of Legislative Assembly of State is
Rank 16th. The Status of Chief Election
Commissioner of India is ranked at 9(A) with
Chairperson of Union Public Service Commission
and Auditor General of India.
The Chief Election Commissioner may be removed
in the same manner which is prescribed for the
removal of Judges of the Supreme Court under
 Artivle 124(4). A Judge of the Supreme Court shall not 
be removed from this office except by an order of the

be removed from this office except by an order of the
President passed after the resolution by each House
of the Parliament supported by a majority of the total
membership of that House and by a majority of not
less than 2/3 of the members of that House present
and voting has been present to the President in the
same session for such removal on the ground of
proved misconduct or incapcity.
The Election Commissioner or a Regional
Commissioner shall not be removed except on the
recommendation of the Chief Election
Commissioner to the Presidnet or the Governor of
the State.
According to Article 324(2), the Chief Election

Commissioner and other Election Commissioners of
India are appointed by the President under the law
made by the Parliament.
Presiding Officer of the House is elected by the
members of the House. Any dispute arising out of
election are settled by the Supreme Court. Elections
of the municipality and municipal corporations are
conducted by the State Election Commission.
The Constitution of India provides for an Election
Commission under Article 324 for the
superintendence, direction and control over the
election for the vacant seats of the Parliament, State
Legislative Assemblies, Prsident and Vice-President.
Dirct and Indirect both systems of elections have
been adopted in India. The elections of President,
Vice-President, Rajya Sabha and L egislative Council
are conduct by the system of proportional
representation by a single transferable vote though
the indirect system and the elections of Lok Sabha
and State Legislative Assemblies are conduct on the
basis of adult suffrage through the direct system.
Issuance of notification for election is not a function
of Election Commission. Notification for the election
of Lok Sabha and Rajya Sabha is issued by President,
and for the election of Legislative Assemblies and
Legislative Councils, the notification is issued by
Governor of the concerned state.
the dispute regarding disqualification of a member
of Parliament shall be referred for the decision of the
President and his decision shall be final. Before
giving any decision on any such question, the
President shall obtain the opinion of the Election
Commission and shall act accordingly to such
opinion.
The right to vote in India is a legal right. In 2009, in
the case of Kuldip Nayar Vs. Union of India, the
Supreme Court, held that the Right to Vote is neither
 
Constitutional right nor fundamental right It is

Constitutional right nor fundamental right. It is
more a statutory/legal right.
The objective of proportional representation system
is to provide representation to each in proper
proportion. It becomes insignificant in a country
where a two-party system has developed.
Dinesh Goswami was Law Minister in V.P. Singh
Government in 1989. The Representation of People
(Amendment) Act, 1996 was based on the
recommendations of Dinesh Goswami Committee.
This Committee recommended the Government
funding the Pariament elections.
S. Gill was the Chief Election Commissioner in 2000
while T.S. Krishnapurti and J.M. Lyngdoh were the
other election commissioners. Later Krishnamurti
and Lyngdoh aslo became the Chairman of Election
Commission. At present, Dr. Nasim Zaidi is the Chief
Election Commissioner.
There used to be a Chief Election Commissioner only
in the Election Commission of India. Two Additional
Commissioners were appointed to the Election
Commission on October 16, 1989, but they served
only upto January 1, 1990. Again two additional
Election Commissioner were appointed on October 1,
1993 and since then, the Commission has three
members.
Article 324 of the Constitution provides

superintendence, direction and control of the
Parliament and State Legislature elections to be
vested in an Election Commission. Under Article
243(K) and 243(ZA), the elections of Panchayats and
municipalties are conducted by State Election
Commission.
Model code of conduct is set of guidelines for the
guidance of political parties and candidates during
elections mainly with respect to speeches, polling
booths, processions, manifestos and general
conduct. The model code of conduct has been
formulates by the Election Commission of India. The
Model Code of conduct comes into force
immediately on announcement of the election
schedule by the Election commission for ensuring
free and fair election schedule by the Election
commission for ensuring free and fair elections.
To encourage young voters to take part in the politcal
process, Government of India has decided to
celebrate Janury 25 every year as ‘National Voters
Day’. It was started from January 25, 2011 to mark
commission’s foundation day.
The State Election Commission constituted under
the 73rd and 74th Constitutional (Amendments) Act,
respectively in 1992 and 1993, for each State/Union
 Territory are vested with the powers of conducting 
the elections to the Corporations Municipalties

the elections to the Corporations, Municipalties,
Zilla Parishads, District Pancyayats, Panchayat
Samitis, Gram Pancyayats and other local bodies.
The Election Commission of India has no rule in
therse elections.
The system of proportional representation solves the
problem of minority representation by providing due
representation to all sections of society. The system
of proportional representation enables due
representation to all type of groups based on
ethnicity, gender, interests and ideologies.
Political Parties
The Election Commission of India provides
recognition to the political parties in India. The
Election Symbols (Reservation and Allotment) Order,
1968, provides for the recognition of political parties.
A political party gets recognized as a National Party
by the Election Commission if it fulfils any of the
three following conditions :
1. If
the party wins 2 percent of seats in the Lok Sabha
(11 seats) from at least three different States. or
2. In Lok Sabha or Legislative Assembly, the party
secures 6 percent of the total valid votes in at least
four State, and it wins as least four seats in the House
of the People from any State or States. or
3. A party has got recognition as a State party in at least
four or more States.
According to the Amendment of Election Symbols

(Reservation and Allotment) Order, 1968, a party has
to live up to at least on of the following qualifications
to be acknowledge as a State party –
1. If
the party wins at least 4 seats or 3% of the seats
whichever is greater, in the State Legislative
Assembly. or
2. Ifit wins minimum 1 seat i n the Lok Sabha for every
25 seats or any fraction allotted to that concerned
State. o r
3. Ifthe party win Lok Sabha seat with 6 percent or
valid votes in the latest Lok Sabha elections or 2
vidhan Sabha (Legislative Assembly) seats with 6
percent of valid votes in the latest state assembly
election. or
4. The status of a State party can still be bestowed upon
an entity even if it fails to win any seats in the Lok
Sabha or the Assembly, if it manages to win at least
8% of the total votes cast in the entire State.
 
The word ‘National’ in Indian National Congress was

The word National in Indian National Congress was
influenced by reaction against British rule.
The NCP was formed on June 10, 1999 by Sharad
Pawar, P.A. Sangma, and Tariq Anwar after they were
expelled from the Indian National Congress (INC),
following the dispute relating to Sonia Gandhi’s
foreign origin.
All adutls of 18 years of age have the Right to Vote.
There is no distinction on the basis of religion, race,
sex, etc. There will be only one electoral list for each
region and the political parties can establish their
own norms.
Telugu Desham Party (TDP) is a regional party of

Andhra Pradesh.
As on 2nd September 2016, there were total 7 parties
in India which satisfiy the condition for being a
National Party. These are- Bhartiya Janata Party (BJP),
Indian National Congress (INC), Bahujan Samaj P
arty (BSP), Communist Party of India (CPI),
Communist Party of India (Marxist) (CPI (m)),
Nationalist Congress Party (NCP) and All India
Trinamool Congress (TMC). Out of the given political
parties, no political party satisfies the condition for
being a National Party.
Independent Labour Party (ILP) was an Indian
politcal organization formed under the leadership of
Dr. B.R. Ambedkar in August 1936.
Atal Bihari Vajpayee became the first President of
Bhartiya Janta Party in 1980. Shyama Prasad
Mukerjee (1901-1953) was the Founder of the
Bhartiaya Jana Sangh. The BJP is the successor Party
of the Bhartiya Jan Sangh.
Ambedkar founded Samata Sainik Dal, Independent
Party, and Scheduled Caste Federation. The Peasants
and Workers Party of India was founded in 1947 in
Maharashtra. It was a Marxist Political party. While
the Workers and Peasants Party (PWP) was founded
on November 1, 1925 by Kazi Nazrul Islam, Hemant
Sarkar, Shamsuddin Hussain and Qutubuddin
Ahmad. It was not founded by Dr. Ambedkar. It
worked under Inidan National Congress during 1925
to 1929.
Political Party Year of Formation
CPI – 1920
CPM – 1964
AIADMK – 1972
Telugu Deshan – 1982
The Communist Party of India was founded in 1920
and divided into two parties CPI and CPI (M) in 1964
 
when a faction of the members of the Communist

when a faction of the members of the Communist
Party of India (CPI) broke away from it.
Article 330 to 334 of Indian Constitution provision for
the reservation of some special classes in the House
of People and State Legislative Assemblies. There is
no provision made for women; thus the reservation
of 33% seats for women in the Parliament and State
Legislature can be made only by Constitutional
Amendment.
The Anti-Defection Law was passed by the
Parliament on 15 February, 1985 and came into force
on 1st March, 1985. The 52nd amendment to the
Constitution by amending Article 101, 102, 190 and
192 and adding the 10th Schedule laid down the
process by which member of House may be
disqualified on the grounds of defection.
Democracy in India is passing through the period of
transition. Casteism and regional are still the
dominating elements in India. Various political
parties are formed by the regional leaders to meet
various interests, but this is not the only reason
behind having multy party system in India. There are
other social, economim reasons which are also
affecting the party system in India.
The political parties were recognized for the first

time in 1985 by the constitution when the Tenth
Schedule was added to the Constitution to curb
defection.
According to the provisions of Anti-Defection Laws
provided in 10th Schedule of the Indian Constitution,
the Speaker of Lok Sabha before the election as a
member of a Party if voluntaritly leaves his
membership an does not rejoin that party until he
serves on that post cannot be disqualified. But if he
becomes the member of any other party, then he
may be disqualified.
First-past-the-post system is a method in which a
member is considered elected on the basis of highest
received votes. There is no importance of percentage
of the total votes under this system. In India, the
system is quite popular in State Legislative
Assemblies and House of the People.
Samajwadi Party is not a national party recognized by
the Election Commission of India. Samajwadi Party
came into existence on October 4, 1992 in Lucknow
under the leadership of Mulayam Singh Yadav.
The ‘Bhu Poratam’ movement (struggle for land) was
organised by the Bharatiya Khet Mazdoor Union
(BKMU) (one of the communist parties) in Andhra
Pradesh to demand agricultural lands and House
sites to landless agricultural workers. The name
‘Bhu-Poratam’ was given by the Communist parties.
 
‘Kamaraj Plan’ was prepared in 1963 by K Kamrai

Kamaraj Plan was prepared in 1963 by K. Kamrai
then the President of Indian National Congress. This
plan was prepared to make Indian National Congress
vibrant.
Constitutional Amendment
According to Article 74, the President shall act in
accordance with the advice of the council of
ministries. By 44th Amendment Act 1978 it was
provided that the President may require the council
of Ministries to reconsider such advice, either
generally or otherwise , and the President shall act in
accordance wirh the advice tenderd after such
reconsideration
In India, the amendment to the Constitution can be
initiated in either House of the Parliament. It has
been laid down under Article 368(2) of the
Constitution, but the process requires a majority of
members of both the Houses. In the case of voting, it
will be mandatory for the approval of the
amendment to be passed by a majority of total
member ship of that House and a majority of not less
than 2/3rd of the members present and voting. In
India, the process of Constitutional Amendment is
taken from the Continuous of South Africa.
The power and procedure of Parliament to amend
the Constitution is laid down in Article 368 of the
Constitution. According to Article 368, an
amendment to the Constitution may be initiated
only by the introduction of a Bill for the purpose in
either House of Parliament, and when the Bill is
passed in each House by 2/3rd majority of the total
membership of that House present and voting, it
shall be presented to the President who shall give his
assent to the Bill, and thereupon the Constitution
shall stand amended in accordance with the terms of
the Bill.
The Constitution of India is flexible and versatile. It
can be amended by the procedure laid down in
Article 368, of the Constitution. An Amendment to
the Constitution of India can be initiated by an
introduction of a Bill in either House of Parliament.
The Constitution can be amended in three different
ways.
1. Bysimple majority – There are some categories of an

amendment like the creation of new States, creation
or abolition of the second chamber of the States,
changes in the citizenship, etc., which require only a
simple majority in both the House of the
Parliament. In this case, the amendment of the
Constitution is made a flexible manner.
2. By Special majority – There are certain other
provisions of the Constitution which require a
 majority of the total membership in each House of 
the Parliament and a majority of not less than two-

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the Parliament and a majority of not less than two
thirds of the members present and voting. The bulk
of the Constitution can be amended in this way.
3. By Special majority and approval of the States –

There are certain Articles of the Constitution like
those related to Presidential powers and mode of
election, the extent of the Executive and Legislative
Powers of the Union or the States, the provision
regarding the Supreme Court and the High Court,
the representation of States in Parliament, the
procedure of Constitutional amendment, and any of
the lists in the 7th Schedule etc., which require
special majority and approval of more than half of
the states.
The first Constitution Amendment 1951 added two

new Article 31(a) and 31(b); and 9th Schedule to the
Constitution for protection of agrarian reforms in
certain State.
The first amendment Bill to the Indian Constitution
was presentation in 1951 through which Articles 15,
19, 85, 87, 174, 176, 341, 342, 376 were amended and
two new Articles 31(a) & 31(b) and 9th Schedule was
added to the Constitution.
The 93rd Constitutional Amendment Bill deals with
free and compulsory education for all children
between the age of 6-14 years. Through this
amendment, a new Article 21-A was added to the
Constitution under Fundamental Rights, and Article
45 was amended under the Directive Priniples of
State Policy; and a new article 51(a)(k) was added to
Fundamental Duties. This amendment bill was
enacted under 86th Constitutional Amendment Act,
2002.
The ‘Right to Education’ was introduced through
86th Amendment which came into force on 1 April,
2010. Under this, a new Article 21(A) was added in
Article 21 which deals with providing free and
compulsory education for all children of the age of 6-
14 year. This Act got the assent of the Peresident on
December 12, 2002 and was notified to the Gazette of
Union Government the same day. However it was
implemented on 1 April, 2010.
By 93rd Constitutional Amendment, 2005 the OBC’s
have been given 27 percent reservation in admission
to educational institutions. By this amendment, a
clause (5) in Article 15 of the Constitution was added.
This clause empowers the State to take special
provision for the advancement of any socially and
educationally backward class of the society.
The Constitution (69th Amendment) Act, 1991 –
Delhi was given the status of National Capital
Territory
 
The Constitution (75th Amendment) Act 1994 –

The Constitution (75 Amendment) Act, 1994
Establishment of State-level Rent Tribunals
The Constitution (80th Amendment) Act, 2000 –
Accepting the recommendations of 10th finance
commission
The Constitution (83rd Amendment) Act, 2000 –
Castes in Panchayats in Arunachal Pradesh because
the state in inhabited fully by Scheduled tribes.
97th Amendment, 2011 – Right to form Co-
operative societies under Article 19(1)(c)
81st Amendment, 2000 – Protection of ST/ST
Reservation in the filling backlog of vacancies
99th Amendment, 2014 – Formation of National
Judicial Appointments Commission
91st Amendment, 2003 – Limiting the size of the
Council of Ministers
Anti-Defection Law was introduced by 52nd
Constitution Amendment Act, 1985, by adding 10th
Schedule in the Constitution of India. It was further
amended by 91st Constitutional Amendment Act,
2003.
The Constitution (69th Amendment) Act, 1991
provided the status of National Capital Region to
Delhi.
Under 58th Amendment Act, 1987, the authoritative
text of the Indian Constitution in Hindi was
authorized to be published as there has been a
general demand for the publication of the
authorizative text of the Constitution in Hindi
incorporating therein all the subsequent
amendments.
61st Constitutional Amenement Act, 1988 reduced

the age for Right to Vote from 21 to 18 years. It came
into force on March 28, 1989.
The Supreme Court laid down the Basic structure
Doctrine in the case of Keshavananda Bharti Vs State
of Kerala, 1973. According to this doctrine,
Parliament can amend the Constitution including
the fundamental rights but some of the provisions of
the Constitution of India which form the basic
structure of the Constitution are not amendable by
the Parliament by exercising its amending power
under Article 368.
79th Constitutional Amendment (1999), extended the
reservation period for Scheduled Castes, Scheduled
Tribes and Anglo-Indians in Lok Sabha and State
Legislative Assemblies for 10 years. It was further
extended for 10 years by 87th Constitutional
Amendment, 2003. It was again extended for 10 years
 by 87th Constitutional Amendment, 2003. It was 
again extended for 10 years by 95th Constitutional

again extended for 10 years by 95 Constitutional
Amendment 2010.
25th Amendment of the Constitution, 1971 provided
that no law passed to give effect to Directive
Principles of State Policy contained in Articles 36(b)
and (c) shall be void on the ground that it abridges
the rights conferred by Articles 14, 19 or 31 (Article
31-was repealed by 44th Amendment Act-1978).
The National Commission for Scheduled Castes and
Scheduled Tribes was bifercated into the National
commission for Scheduled Castes and the National
Commission for Scheduled tribes through the 89th
Constitlutionaal Amendment, 2003. The two
commissions have been constituted under Article
338 and Article 338(A).
The fundamental Duties of citizens were added to the
Contitution by the 42nd Amendment in 1976 on the
recommendation of Swaran Singh Committee. It has
been mentioned under Part-4 A, Article 51(A) of the
Indian Constitution. Earlier the total number of
fundamental duties were 10, at present, it is 11.
Provision relating to fundamental duties has been
derived from the Constitution of Soviet Union.
The Supreme Court limited the power of Parliament
to amend the Constitution for the first time in the
case of Golakhnath Vs. the State of Punjab, 1967.
98th Constitutional Amendment Bill was presented
by Arun Jailey, the former Minister of Law and
Justice in the NDA Government.
By May, 2013, 98 Constitutional Amendments had
been implemented.
A Memorandum of Settlement on Mizoram was
signed by the Government of India and the
Government of Mizoram on 30th June, 1986.
Mizoram was granted the status of a State by 53rd
Amendment Act, and formation of Mizoram took
place on 20th February, 1987.
Curtailment of the power of judicial review – 38th
Amendment
Abolition of Right to property as a fundamental right
– 44th Amemdment
Lowering the voting age from 21 to 18 – 61st
Amendment
Addition of the word secular in the preamble – 42nd
Amendment
13th Amendment – Nagaland
18th Amendment – Clarification of the term ‘state’
39th Amendment – The election of President, Vice
President Speaker and Prime Minister cannot be
challenged.
52nd Amendment – Anti-defection law
 

Official Language
According to Article 350-A it shall be the endeabour
of every State and every local authority within the
State to provide adquate facilities for instruction in
the mother-tongue at the primary stage of education
to children belonging to linguistic minority groups;
and the President may issue such direction to any
State as he considers necessary or proper for
securing the provision of such facilities (7th
Amendment Act, 1956).
Eighth Schedule of the Indian Constitution
recognizes 22 regional languages as the official
languages of the Union. Originally, there were only
fourteen languages in this Schedule, the fifteenth
language, Sindhi, was added by the 21st Constitution
Amendment in 1967, and three languages, Konkani,
Manipuri, and Nepali, were added by the 71st
Amendment in August 1992. Four more languages
Bodo, Dogri, Maithili and Santhali were added by the
92nd Amendment Act, 2003. Thus there are total 22
languages included in the eighth schedule:
1. Assamese
2. Bengali
3. Bodo
4. Dogri
5. Gujarati
6. Hindi
7. Kannada
8. Kashmiri
9. Malayalam
10. Maithali
11. Marathi
12. Oriya
13. Panjabi
14. Sanskrit
15. Sindi
16. Tamil
17. Telugu
18. Santali
19. Urdu
20. Konkani
 21. Manipuri 
22 Nepali
22. Nepali
Bodo is recognized langauge mentioned in the

Eighth Shedule of the Constitution. Bodo was
included by 92nd Amendment Act, 2003 while other
options are not correctly related to the languages
mentioned in the Constitution of India. According to
Article 343, Hindi is the official language of the
Union not the National Language of India.

Nehru appointed the First Official Language
Commission under the chairmanship of B.G. Kher on
7 June, 1955. The Commission submitted its report in
1956. It recommended a number of steps to replace
English with Hindi eventually. The Parliamentary
Committee on Official Language, chaired by Govind
Ballabh Pant was constitution in 1957 to review the
Kher Commissions report.
Article 345 of Indian Constitution provides the
procedure for adoption of official language or
laguages of the State. According to this Article,
subject to the provisions of Article 346 and 347, the
Legislture of a State may, by law adopt any one or
more of the languages in use in the State or Hindi as
the language or languages to be used for all or any of
the official purposes of that State; Provided that, until
the Legislature of the State otherwiese provides by
law, the English language shall continue to be used
for those official purposes within the State for which
it was being used immediately before the
commencement of this Constitution. Article 343
provides for the official language of the Union.
Article 344 deals with commission and committee of
parliament on official language. Article 346 provides
for official language for communication between
one State and another or between a State and the
Union.
The State of Uttarakhand on January 1, 2010 gave the
Sanskrit lagnuage the status of the second official
language. After some time, former Chief Minister,
Ramesh Pokhariyal ‘Nishank’ declared ‘Rishikesh’ as
Sanskrit city.
Before 92nd Constitutional Amendment, 2003 there
were total 18 languages in the Eight Schedule of the
Constitution which increased to 22 after 92nd
The languages spoken by maximum number of
people in the world are as follows:
1. English – 1500 million

2. Chinese – 1100 million
3. Hindi – 650 million
 4. Spanish – 420 million 
5 French – 370 million

5. French 370 million
6. Arabic – 300 million
7. Russian – 275 million
8. Portuguese – 235 million
9. Bengali – 233 million
10. German – 185 million
11. Japanese – 128 million
Brahui is the Language of Baluchistan, but from

philological aspect, it is a language of Dravidians
family.
Panchayati Raj and Community Development

According to Article 243-C (1) of the Indian
Constitution, the legislature of a state may, by law
make provision on the composition of Pancyayat.
Gram Panchayats are the smallest unit of local self-
governance, at village leve. According to
Chhattisgarh Panchayati Raj Act, 1993, each Gram
Panchayat are is divided into not less than 10 and not
more than 20 words and each ward elects one Panch.
The Gram Panchayat consists of the elected Panchs
plus a Sarpanch who is the head of the Gram
Panchayat. Thus all member are elected not
nominated.
Panchayat is enumerated in State List as 5th entry in
the 7th Schedule to the Constitution. It is the subject
of State Government, and the State Government has
the power to constitute it and conduct its elections.
Reasons are as follows: 73rd Amendment Act (1992)
which got President’s assent on April 25, 1993 after
the ratification of the required number of States,
provided a Constitutional guarantee for the
formation of Panchayats, inserted Part IX and the 1th
Schedule Constitution of India contains provisions
for municipalties, but Article 243 Q envisages 3 types
of municipalities:
1. Nagar Panchayats
2. A Municipal Council for Smaller Urban Areas.
3. A Municipal Corporation for a Large Urban Areas
Article 243-E is related to the duration of Panchayats.

Clause (1) provides that every Panchayat, unless
sooner dissolved, shall continue for five years from
the date appointed for its first meeting and no longer.
Clause (3) provides that the election shall be
completed before the expiration of a period of six
months from the date of its dissolution.
 
Maintenance of Public Order is not the concern of

Maintenance of Public Order is not the concern of
Local self Government. Public Health, Public Utility
Services, sanitation, Roads and Bridges,
Development Schemes etc related to Local self
Government. Article (g) provides for powers,
authority and responsibilies of Panchayats. Likewise
Article 243 W provides for powers, authority and
responsibilities of Municipalties.
According to Article 243(I) of the Constitution, the

Governor of a State shall, as soon as may be within
one year from the commencement of the
Contitution (73rd Amendment) Act, 1992, and
thereafter at the expiration of every fifth year,
constitute a Finance Commission to review th
financial position of the Panchayats and to make
recommendations to the President.
Article 243(d) of th Indian Constitution has
provisions of reservation for Scheduled Caste and
Scheduled Tribes in Panchayats.
Reservation of seats in Panchayat elections for
Scheduled Castes shall not apply to the State of
Arunachal Pradesh since there is no population of
Schedule castes in the sate according to census-2011.
The Panchayati Raj System is a local self-governance
system. Balwant Rai Mehta called it as ‘System of
Democratic Decentralization’. It is a three-tier
system of governance with bio-relations.
According to PESA rules a person who is a members
of a scheduled Tribes will be selected as chairman
for the meeting of the Gram Sabha for one year by
consensus, the oldest lady from the scheduled tribes
would be the Chairperson.
The local self-government in India has been
formulated under the Panchayati Raj System. 73rd
Amendment of the Constitution 1992 gave it
Constitution status.
Panchayati Raj System was started on 2nd October,
1959 in Nagore district of Rajasthan. Panchayats were
given Constitutional status by 73rd Amendment Act-
1992. Its main objective is to increased the
participation of people in the development of the
country and implementing democratic
decentralization.
Article 40 of the Constitution directs the States to
constitute Gram Panchayats. It is included in the
Directive Priniples of State Policy. Article 40 provides
that the State shall take steps to organize village
Panchayats and endow them with such powers and
authority as may be necessary to enable them to
function as units of self-governance.
Pachayati Raj is a system of local self-government
 with three tier system – Gram Panchayat at the 
Village level Pachayat Samiti at the block level and

Village level, Pachayat Samiti at the block level and
Zila Parishad at the district leve. The Panchayat Raj
System is aimed at achieving the global of economics
development and social justice.
The principle aim of Panchayati Raj System is the
democratic decentralization of power to village and
to empower them to make policies according to their
need and to implement these policies.
The Community Development Programme (CDP)

was started in 1952, and National Extention Scheme
(NES) was started in 1953. Balwant Rai Mehta
Committee was constituted in 1957 by National
Development Council for the reorganization of CD
Pand NES. This Committee recommended three-tier
local self government under Panchayati Raj System.
Full cooperation of local public is required for
Panchayati Raj to work properly. The goal of this
system cannot be achieved without the support and
participation of the local public.
Ashok Mehta committee was constituted in 1977,
which submitted its report in August 1978. The
committee in its report had recommended for ‘two
tier’ system in place of ‘three tier’ system. The two-
tier system or model was – Zila Parishad at the
district level and Mandal Panchayat at the Mandal
level which was consisted of a group of villages
covering a population of 15000 to 20000.
K.R.V. Rao Committee is not related to Panchayati Raj
System. Vijayendra Kasturi Ranga Varadraja Rao was
a prominent Indian economist. He headed the
United Nations Commission for Economic
Development and served as a member of Committee
for National Income.
M. Singhvi Committee was constituted in 1986 to
give suggestions in favour of Panchayati Raj. This
Committee had recommended that loval-self
government should be Constitutionally recognized,
protect and preserved by the Constitution, and had
also recommended for non-involvement of political
parties in Panchayati elections.
Dinesh Goswami Committee is not related to
Panchayati Raj System. It was constituted in 1900 to
give a recommendation on Electoral Reforms.
Panchayati Raj System was given a Constitutional
Status by 73rd Seventy-third amendment, 1992 came
into force on 24 April, 1993.
73rd and 74th Amendment of Constitution are
responsible for creation of the follwoing:
1. State Election Commission (Art 243-K)

2. State Finance Commission (Art 243-I)
 
3 State Election Commission for Municipalties (Art

3. StateElection Commission for Municipalties (Art
243-ZA)
4. StateFinancial Commission for Municipalties (Art
243-Y)
5. District Planning Committee ( Art. 243-ZD)
Section 34 of the Chhatisgarh Municipalties Act, 1961

provides that –
1. A
Person who is enrolled in the Municipal Electoral
Roll as a voter, shall be qualified to be a candidate.
For the election of President, if he not less than

twenty five years of age; and
for the election of Councillor, if he is not less than
twenty one years of age.
2. No person who is a candidate for any one ward shall

be a candidate for any other ward.
3. Ifa person is elected for the office of President and
Councillor both, he shall have to resign from on of
the offices within seven days from the date on which
he is declared to be elected.
A person will be eligible for being elected to

Municipal Council if has name appears in the
electoral rolls of that Municipal Council.
Judicial Review is not the power of Panchayati Raj
Institution. It is a power of Judiciary. The legislative
and executive actions are subject to review by the
Supreme Court of India in accordance with the
Principle of Judicial review.
The State Finance Commission established under
Article 243(I) by the Governor, is responsible for the
distribution of revenue between the State
Government and the Local Governments.
The Mayor is the highest ranking official in a

Municipal Government in a city. According to Article
243(U), the Municipal Corporation shall have a
tenure of 5 years. Thus the tenure of Mayor is 5
years.
Under the scheme of MNREGA, every Gram
Panchayat, after considering the recommendation of
Gram Sabha, shall prepare a development scheme
and shall be responsible for implementation and
execution of words under the scheme.
The National Rural Employment Guarantee Act,
2005 was passed by the Parliament in August, 2005
and came into force on 2 February, 2006. Its name
 has been changed to MNREGA on 2nd October 2009. 
This programme was started in Anantpur district of

This programme was started in Anantpur district of
Andhra Pradesh. The adult members of any
household are eligible for employment guarantee of
at least 100 days.
At present, the chairman of Municipality in Uttar
Pradesh is elected by the electors having their names
in the voter list of that area which includes the
electors of wards also.
Panchayat Samiti is the local Government body at
the Block level. The Panchayat Samiti is a link
between the Gram Panchayats and Zila Panchayat. It
works as an administrative authority. The Panchayat
Samiti collects all the prospective plans prepared at
Gram Panchayat level and processes them for
funding and implementation by evaluating them.
A State Election Commission is constituted under
Article 243 K to conduct all elections of the
Panchayats. The State Election Commissioner is
appointed by Governor of the State.
Special Provision for Certain Class

The National Commission for Backward Classes Act
came into force in the year 1993, Child Labour
(Prohibition and Regulation) Act was passed in the
year 1986, while Person with Disabilities (Equal
opportunties, Protection of rights and full
Participation) Act was implemented in the year 1995.
The National Commission for Minorities Act came
into force in year 1992. Since the year 1992 is
nowhere in the opinion.
The power to include or exclude any caste, race or
tribe or any group as Scheduled Castes and
Scheduled Tribes, in the list speciying these
communities, is vested in the Parliament. The
Parliament may exercise this power by making a law.
Such provision for Scheduled Castes is given in
Article 341 and for Scheduled Tribes in Article 342.
The provision of reservation for castes has been
made for Lok Sabha and State Legislative Assemblies
under the Constitution. However, there is no
reservation for any caste in the Legislative Assembly
of Jammu and Kashmir, in Rajya Sabha and State
Legislative Assemblies.
The maximum population of Scheduled Tribes is in

the State of Mahdya Pradesh. The descending order
of the States – Mahdya Pradesh, Rajasthan, Andhra
Pradesh, Bihar.
The provision of National Commission for Scheduled
Tribes has been made by Article 338-A. Originally,
there was only Article 338 for the establishement of a
commission for Scheduled Castes and Scheduled
Tribes (both), but 89th Constitutional Amendment
 Act, 2003 bifercated the combined commission into 
two separate bodies Article 338 A was inserted for a

two separate bodies. Article 338 A was inserted for a
separate commission for Scheduled Tribes. Article
338 now only provides for a commission for S
cheduled Castes. The commissions constituted
under Article 338 and 338 A consists of a
Chairperson, Vice-Chairperson, and three other
members.
Article 243D of the Indian Constitution provides for
reservation of seats for the Scheduled castes and
Scheduled Tribes in the Panchayats. Article 243A is
about Gram Sabha, 243B deals with the constitution
of Panchayats and Article 243C is about the
composition of Panchayats.
The investigating officer submits his report within
30 days for the offices committed under the
Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989.
Section 14 of the Scheduled Caste and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 provides
for the arrangement of a special court and Exclusive
special court for the purpose of providing for speedy
trial. Section 15 provides for special public
prosecutor and exclusive public Prosecutor.
The provisions of reservation for Scheduled Castes
and Scheduled Tribes in Lok Sabha has been made
under Article 330 of the Constitution. The same
provision of reservation for the said communities in
State Legislative Assemblies has been made under
Article 332.
Part XVI of the Constitution containing Articles 330-
342 is for the special provisions relating to certain
classes. Article 330 provides for reservation of seats
for Scheduled Castes and Scheduled Tribes in the
House of People (Lok Sabha), and Article 331 is
related to the representation of Anglo-Indian
community in the House of People.
According to Article 331 – “Notwithstanding anything
in Article 81, the President may, if he is of the opinion
that the Anglo-Indian Community is not adequately
represented in the House of the people, nominate
not more than two members of that community to
the House of People (Lok Sabha).
The Chhattisgarh Panchayat Raj Act, 1993 confers
among others the powers listed below to Zila
Panchayats.
1. Planning minor water bodies

2. To control over institutions in all social sectors
3. To control on tribal sub plans
4. Toexercise other functions as fonferred by Stae
Government.
After the Amendment made by Parliament in 2007,

there are total 1206 Schedules Castes in India. The
 
maximum number of Scheduled Caste is in the State
of Karnataka (101) and the minimum is in the State
of Karnataka (101), and the minimum is in the State
of Rajasthan (4) and Union Territory Chandigarh (4).
Scheduled Castes form 16.6 percent to the total
population.
Miscellaneous
United Nations is an international organization
founded in 1945. The draft of United Nations Charter
was finalized in a conference held in San Franscisco
during April to June, 1945. On 26 June, 1945, 50
nations signed the Charter. Representative of Poland
was no t present at San Franscisco and ratified the
Charter on 16 October, 1945, as the 51st member of
the United Nations. This organization came into
being on 24 October, 1945 and this date is observed as
the ‘United Nations Day’.
In Security Council, there are five permanent
members (United States, France, China, Britania and
Russia) who are authorized to exercise veto power to
with hold any resolution going to be passed with a
majority. Only the permanent members have veto
power.
United Nations Security Council (UNSC) is one of the
six principal organs of United Nations and is charged
with the maintenance of peace and security. The
Security Council consist of fifteen (15) members, out
of 15, 5 are permanent i.e. United States, France,
China, United Kingdom (Britain) and Russia. There
are 10 non-permanent mebers, elected on a regional
basis by United Nations for a term of 2 years.
The first African Un Secretary General was Boutros-
Boutros Ghali. He worked as the 6th UN Secretary-
General from 1 January, 1992 to 31 December, 1996.
The second African Secretary General was Kofi
Annan.
The Secretary General of United Nations U. Thant
served for the lognest period (1961-1971). Tenure of all
Secretary Generals is given below.
1. Trygve Lie (Norway)-2 February, 1946-10 November,

1952
2. Dag Hammarskjold (Sweden)- 10 April, 1953-18
September, 1961
3. Thant (Burma)-30 November, 1961-31 December, 1971
4. Kurt Waldheim (Austria)-1 January, 1972-31
December, 1981
5. JavierPerez de cuellar (Peru)- 1 January, 1982-31
December 1991
6. Boutros-Boutros Ghali (Egypt) – 1 January, 1992-31
December, 1996
 
7 Kofi Annan (Ghana)- 1 January 1997-31 December

7. KofiAnnan (Ghana) 1 January, 1997 31 December,
2006
8. BanKi Moon (South Korea) – 1 January, 2007-31
December, 2016
9. AntonioGuteres (Portugal) – 1 January, 2017-
incumbent.
Head of the state of the United Kingdom is Queeen

Elizabeth II. She ascended to the throne of the United
Kingdom of Great Britain and Nrothern Ireland in
1952. Prime Minister Theresa May is the head of the
Government.
Atal Bihari Vajpayee is the first Indian to deliever a
speech in Hindi at United Nations Assembly. He
deleivered the speech on 8 December, 1977 as
Foreign Minister. During the 69th opening ceremony
of United Nations on 27th September, 2014, Prime
Minister Narendra Modi delevered his speech in
Hindi. By doing this, he became the second Prime
Minister, and third Indian leader to do so. It is
noteworthy that in the year 1988, P.V. Narasimha Rao
(the then foreign Minister) addressed the United
Nations session in Hindi.
There are 30 Articles in ‘Universal Declaration of
Human Rights’.
English and French are used as a working language
while the six official languages are –
1. English
2. French
3. Spanish
4. Arabic
5. Chinese
6. Russian
International Court of Justice was established in

June, 1945. It is headquartered at Hague (The
Netherland).
Amnesty International is a global movement of more

than 7 million people in over 150 countries and
territories who campaign to end abuses of Human
Rights. It was founed in 1961 by British lawyer Peter
Benenson. Its headquarters is in London.
The Judges elected to the International Court of
Justice from India are Benegal Narsingh Rau (1952-
1953), Nagendra Singh (1973-1988), Raghunandan
Pathak (1989-1991) and at present, Dalveer Bhandari
(2012-2018).
 
10 December is observed as ‘Human Rights Day’

10 December is observed as Human Rights Day
every year. It commemorates the day on which, the
United Nations General Assembly adopted the
Universal Declarations of Human Rights in 1948. In
1950, the Assembly passed resolution 423(v), inviting
all states and interested organizations to observe
each year 10th December as Human Rights Day. The
World Health Day is observed on 7th April, U.N. Day
on 24th October and Labour Day is observed on 1st
In The Preamble of ‘Universal Declaration of Human
Rights, the concept of Human Rights primarily
emphasizes on dignity and justice for each and every
human being, so the concept of dignity lies at the
heart of human rights.
22 countries around the world including 12 Latin
American countries have adopted Compulsory
Voting System often starting at the Age of 18.
The President and Vice-President of America are not
elected directly by the people Instead they are
chosen by “electors” through a process called the
Electoral College.
The first primary in the election of US President
takes place in New Hamshire and lowa states. The
elections for first primary are held about a year
ahead of the presidential elections. Conventionally
the process of election for the President starts from
here. The electoralcollege is the mechanism
established by the United States Constitution for the
indirect election of the President of United States.
The Concept o f ‘Right to Service’ originated in Great

Britain (U.K.) Right to service refers to laws which
guarantee time bound delivery of servises for various
public services rendered by the Government to
citizen. The Right of Citizens for Time-bound
Delivery of Goods and Services and Redressal of their
Grievances Bill, 2011 was an attempt to start such a
law in India. However, it could not be passed. Notably,
Madhya Pradesh is the first state of the country to
implement Right to Services Act on 18 August 2010.
Bihar is the second state to implement such law on
25 July, 2011.
Pivot to Asia is the strategy of the foreign policy of
United States of America (USA).
The concept of written Constitution first came into
existence in United States of America.
I.A. (Central Intelligence Agency) is a civilian foreign
intelligence service of the United States of America.
A pressure group can be described as an organised
group that does not put of candidates for election,
but seeks to influence government policy or
legislation. These groups can also be described as
 ‘interest groups’, ‘lobby groups’ etc. Trade Union, 
Farmers Organisation Women Organisation

Farmers Organisation, Women Organisation,
Business organisation etc are included in pressure
groups.
The Parliamentary form of Government first
developed in Britain. Indian Parliamentary form of
Government has been taken from the British
Constitution in which the King or President is the
nominal head only; actual executive power is vested
in the Parliament or the Cabinet.
Larry Pressler was a U.S. Senator who brought up
Pressler Amendment in 1986, to link US assistance
with nuclear non-proliferation. He criticized US
assistance to Pakistan by the Clinton administration
on the ground of Pakistan’s involvement in nuclear
proliferation.
For the first time outside India the ‘Festival of India’
was organized in Britain in 1982.
Parliament of Russia is called ‘Federal Assembly’.
The Lower House of the Russian Parliament is
known as ‘Duma,’ while the Upper House is called
Council of the Federation.’
‘New China News Agency’ is the news agency of
China.
TASS was the official news agency of Soviet Union
until 1991. After the disintegration of the Soviet
Union in 1991, a new name given to the Russian news
agency as ITAR-TASS, known as a “Information
Telegraph Agency of Russia-Telegraph Agency of the
Soviet Union” Since 1992.
ISI stands for Inter-Services Intelligence. It is the
premier military-operated intelligence agency of
Pakistan.
Dawn is a leading English newspaper of Pakistan. It
was founded by Quaid-i-Azam Mohammad Ali Jinnah
in Delhi, India, on 26 October, 1941.
Mossad is the National Intelligence Agency of Israel.
Mossad is responsible for intelligence collection,
convert operation, and counterterrorism.
India, Sri Lanka and the United States including

many other countries of the world have banned the
LTTE. In 2009 the Sri Lanken Army launched a
massive operation against LTTE, in which its chief B.
Prabhakaran was killed.
The Berber-speaking community speaks completely
diffent language than Arabic. They live in North
African countries like Morocco and Algeria. They
are also known as Amazigh, original inhabitants of
the region.
The first Indian Prime Minister who visited
 Afghanisthan was Pandit Jawaharlal Nehru, in 
September 1959 thereafter Indira Gandhi visited the

September, 1959, thereafter Indira Gandhi visited the
country in 1976. Recently Prime Minister Naendra
Modi visited Afganistan on June 6, 2016.
‘Diet’ also called ‘Imperial Diet’ is the National
Legislature of Japan. Japan has a Parliamentary
System of Government like Britain and Canada.
Similarly Riksdag-Sweden, Cortez-Spain and Sejim is
the parliament of Poland.
Yellow Book is the government report of the French
Government.
The ‘Press’ plays an important role in nation
building. Hence it is known as the ‘Fourth Estate of
democracy.
Meaning of “Panchsheel” is the five rules of
behaviour or conduct as given below:
1. Mutual respect for geo –regional integrity and

sovereignty of each other.
2. Non-Attack
3. Non-interference in the internal matters of each

other,
4. Mutual benefits and equality, and
5. Peaceful co-existence
Non-alignment is not a principle of Panchsheel but

the policy of non-alignment itself is based on the
principles of Panchsheel.
The Commonwealth has no Charter, Treaty or
Constitution. However, all the territories which were
once under the British Empire did not become
members of Commonwealth automatically. A
country willing to be a part of Commonwealth has to
make a declaration for this. Among the former
British empire, thre are many countries like- Burma,
Egypt, Kuwait and UAE et. which became member of
President of India – Faith and Allegiance to the
Constitution of India
Judges of Supreme Court – Upholding the
Constitution and Law
Members of Parliament – Faithful Discharge of
Duties
Ministers for the Union – Secrecy of Information
In the adiministration of state Secretariate though,
every file have to be sent to the Cabinet though Chief
Secretary. Chief Secretary is responsible for sending
files to the cabinet.
Chechnya is located in the North Caucasus Russia,
situated in the most southern part of Eastern Europe,
and 100 kilometers away from the Caspian Sea.
Darfur is a region situated in Western Sudan. Swat is
 a river valley and an administrative district in the 
Khyber Pakhtunkhwa Province of Pakistan It is the

Khyber Pakhtunkhwa Province of Pakistan. It is the
upper valley of the Swat River, which rises in the
Hindu Kush range.
Under the Universal Declaration of Human Rights,

1948, the Human Rights mentioned in Article 1 to 21
are considered as the first generation Human Rights
while the rights mentioned in article 22 to 27 are
considered as the second generation Human Rights.
The Right to Work under article 23 and right to
education under Article 26 are considered as Human
Rights. Thus, right to work and right to education
both are second generation human rights since 2003.
The former Prime Minister Atal Bihari Vajpayee on 8
January, 2002 on the basis of the report of
Lakshmimal Singhvi Committee declared that
‘Pravasi Bhartiya Divas’ will be celebrated on January
9, every year to commemorate the return of
Mahatma Gandhi from South Africa. This
convention is organized every year in India since
2003.
The outstanding Parliament Award is given by the
Indian Parliament Group to an outstanding sitting
Member of the Indian Parliament for overall
contribution in the Indian Parliament. It was
intitututed in 1994, Dr. Murli Manohar Joshi in 2009,
Arun Jaitley in 2010, Karn Sing in 2011 and Sharad
Yadav received the award in 2012.
In 2003, the State of Uttarakhand gave the status of
OBC (Other Backward Class) to the Gurkhas and 2
other communities Ghrit Chahang and Uthalia Vora.
Record Nine Coalition governments were formed in
Bihar between 1967 to 1971 These are
Chief Minister Tenure

1. Mahamaya Prasad Sinha 5 March, 1967 to 28
January, 1968
2. P. Singh 28 January, 1968 to 31 January, 1968
3. P. Mandal 31 January, 1968 to 22 March, 1968
4. Bhola Paswan Shastri 22 March, 1968 to 25 June, 1968
5. Sardar Harihar Singh 26 February to 12 June, 1969
6. Bhola Paswan Shastri 22 June to 4 July, 1969
7. Daroga Prasad Rai 16 February to 22 December, 1970
8. Kanpuri Thakur 22 December, 1970 to 1 June, 1971
9. Bhola Paswan Shastri 2 June, 1971 to 9 January, 1972
Scientific Socialism is attributed to Karl Marx. Karl

Marx provided scientific foundation to the idea of
 
socialism Karl Marx is also regarded as the father of

socialism. Karl Marx is also regarded as the father of
communism.
The retired Judge of Supreme Court, Justice
Markandey Katju was appointed as the Chariman of
the Press Council of India on October 5, 2011 for a
period of 3 years. Currently, Justice Chandramauli
Kumar Prasad is the Chairman of the Council from
25 November, 2014.
Rajni Kothari in his book ‘Politics In India’ called the
District Collector an ‘Insitutional Charisma.’
Castein has been increasing in Indian politics. Castes
are emerging as pressure groups and being
politicized in India.
K. Gopalan Vs. State of Madras – Procedure for
preventive detention
Romesh Thapar Vs. State of Madras – Restrictions
of free speech
Shankari Prasad Vs. Union of India – Parliament’s
power to amend the Constitution
Champakaran Dorairajan Vs. State of Madras –
Equality in admission to education institutions
The Indian Regiment Mission of Asian Development

Bank is situated in New Delhi.
Untouchability would not constitute an offence if the
accused and the victim belong to the same social
group.
The Internation Security Academy was established
under the aegis of Ministry of Home Affairs,
Government of India at Mount Abu (a hill station in
the Aravali Range in Rajasthan).
The First Law University – ‘National Law School of
India’ was established in August, 1887 in Banglore.
First Law University, known as National Law school
of India, is located in Bengaluru. National Law
University is in New Delhi. National University of
advanced legal studies is situated in Kochi while
there is no law university in Trivandrum.
The Border Security Force was raised on 1 December,
1965. It is a specialized and centrally controlled
security force which is armed and trained to man
international Border with Pakistan. The headquarter
of BSF is in Delhi.
The different ranks of the Indian Army are as follow
–
Indian Army Indian Navy Indian Air Force
 
G l Ad i l Ai Chi f
General Admiral Air Chief

Marshal
Lieutenant Vice-Admiral Air Marshal

General
Major General Rear Admiral Air Vice Marshal
Brigadier Commodore Air Commodore
Colonel Captain Group Captain
Lieutenant Commander Wing

Colonel Commander
Major Lieutenant Squadron Leader

Commander
Captain Lieutenant Flight Lietenant
Lieutenant Sub-Lietenant Flying Officer
The operational commands of Indian Army as of

June 1999, were 5 parts which are 6 at present. These
are as follows:
Command Headquarter
Western Command Chandi Mandir, Chandigarh
Eastern Command Kolkata
Northern Command Pune
Central Command Lucknow
South Western Command Jaipur (functional from
August 15, 2005)
Armoured Corps Centre and School is situated in
Ahmadnagar, Maharashtra not in Jabalpur (M.P.)
Baba Aamte was associated with the conservation of
Wildlife and Narmada Bachao, but in the context of
Silent Valley Movement, Dr. Salim Ali’s name
remained in the limelight.
Laskhar-e-Taiba is an active terrorist organization in
South Asia. It was founded by Hafiz Muhammad
Saeed and Zafar Iqbal in 1990 at Kumar Province of
Afghanistan.
Operation Checkmate – Sri Lanka
Operation Cactus – Maldives
Operation Blue Star – Punjab
Operation Siddharth – Bihar
“Bahujan Hitaya, Bahujan Sukhaya” is the motto of
All India Radio.
Maintenance of integrity of Sri Lanka was a part of
India-Sri Lanka Accord, 1987. Complete freedom for
 
Tamil-State was not mentioned in the accord.
Th P C il f I di i St t t Q i
The Press Council of India is a Statutory, Quasi-

Judicial body which was established in 1966 by the
Parliament.
Only the Parliament of India is empowered to change
the name of any of the States. Besides, Parliament
has the power to make changes in the area or alter
the boundary of any State.
Sirimavo Bandarnaike was a Sri Lanken politician

and the first woamn to become the Prime Minister of
any Country. She became the Prime Minister of Sri
Lanka in 1960. She was sworn-in as Prime Minister of
Sri Lanka three times, 1960-65, 1970-77 and 1974-
2000.
On 9 July, 2011 South Sudan was created as the
newest and 193rd Country of the world. It’s current
capital is Juba.
UN observed the year 1975 as International Year for
Women.
After taking over as interim Prime Minister,
Jawaharlal Nehru announced the foreign policy
based on non-alignment which means ‘to stay away
from international power groups and to develop an
independent policy.
Sweden is the first European Union country which
officially recogized the State of Palestine in October,
2014. On 30 September, 2015 the Palestinian Flag was
raised outside the UN Headquarter for the first time.
Annie Besant was the first women Chairman of
Indian National Congress. She chaired the 32nd
session held in 1917 in Kolkata. While Madam Cama
was famous for hoisting the National Flag of India on
2nd August, 1097 in International Socialist
Conference held in Stuttgart, a city Germany.
The International Day of Persons with Disabilities is
celebrated every year on 3rd Since 1992,
International Day of Persons with Disabilities has
been celebrated annually on 3 December.
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← िहं दी मा म -संपूण भारतीय रा व था का सार FULL INDIAN POLITY SUMMARY COMPLETE

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2/18/2019 ENGLISH MEDIUM FULL INDIAN POLITY SUMMARY gist gk gs summary

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संपूण पयावरण GK का सार FULL

The Indian Council Act, 1892 introduced two

1 Ratainin the maj ority of official members it

division of legislation subjects in to central and

ministers responsible to the legislative council. COMPLETE GENERAL KNOWLEDGE GK GS

Provinces and the Princely States.

Council of the Secretary of State for India, which was

The Federal Court of India was established on 1

STUDY FOR CIVIL SERVICES-GYAN

of a dual form of Government at provinces known as January 19, 2019

India Act, 1919 continued this provision and also

laid down the foundation for the participation of

Provision for a written Constitution for the country  September 2018

The Government of India Act, 1935 is an important  July 2018

Burma was separated from India according to the  October 2017

formed in 8 provinces out of 11 in the election of 1937.

while Jawaharlal Nehru was designated as Vice-

Sachchidanand Sinha temporarily chaired the first

As per recommended proposed by Cabinet Mission

1. Committee on the Rule of Procedure –

First Vice- Chairman of Constituent Assembly –

The Only Congress member of drafting committee –

Representative of Rajasthan’s P rincely state –

B.R. Ambedkar was the chairman of the Drafting

1. TheFlage Committee constitueted on 2 April, 1931 at

The Preamble of the Constition staes, “we we the People

The Purna Swaraj declaration was promulgated by

The above comment was made by Sir Ivor Jennings

The States and the Central Government derive

Foreign Impact on the Constitution

The concept of “A union of States” in the Indian

The concept of “Judicial Review” in Indian

President of India and the American President both

Reserving of bill by Governor for President’s

Fundamental Rights have been incorporated in Part

Articles and Scheldules in the Constitution o f India

Formation of New States – 3 of the Constitution of

A member of the legislature of a state

4th – Allocation of Seats in Council of States

Union List – 97 entries

which legislators may be disqualified on the ground

The railway is a subject of Union List, but Railway

be introduced in the Council of States ” Provided that

Part XV (Article 324-329) is related to “Elections”

Article 323-A – Administration Tribunals

The Preamble of the Constitution Contain the word

based The Preamble is aimed to secure all its

In the case of S.R. Bommai Vs. Union of India, 1994,

The Governance System

Red Tapism refers to exessive regulation which

In a Parliament System of Government the

may be amended by simple majority and some of the

Democracy requires the participation of the people

India is not a complete Federal system because some

majority and some by special majority Therefore it