Unit -I

Indian National Movement and Role of Gandhi

The Indian National Movement was a prolonged struggle aimed at achieving independence
from British rule. It was characterized by various phases of activism, leadership, and mass
mobilization, ultimately leading to the establishment of an independent India in 1947. Here is
an overview of the key aspects of the Indian National Movement:

Early Phase (1857-1905)

The Revolt of 1857

Often referred to as India's First War of Independence, the revolt marked the beginning of a
widespread struggle against British rule. It was a significant but ultimately unsuccessful
uprising involving soldiers, peasants, and various local leaders.

Formation of Indian National Congress (1885)

The Indian National Congress (INC) was founded in 1885 by A.O. Hume and other
prominent leaders. It served as a platform for voicing Indian concerns and advocating for
political reforms and greater self-governance.

Moderate Phase (1905-1915)

Swadeshi Movement and Partition of Bengal (1905)

The British partitioned Bengal in 1905, leading to widespread protests and the Swadeshi
Movement, which promoted the use of Indian-made goods and the boycott of British
products. Leaders like Bal Gangadhar Tilak, Bipin Chandra Pal, and Lala Lajpat Rai (Lal-
Bal-Pal) played significant roles.

Rise of Moderates and Extremists

The INC saw a division between Moderates, who advocated for gradual reforms through
constitutional means, and Extremists, who supported more radical approaches to achieve self-
rule.

Gandhian Era (1915-1947)

Arrival of Mahatma Gandhi (1915)

Mahatma Gandhi returned to India from South Africa in 1915 and soon became a prominent
leader in the independence movement. He introduced the principles of non-violence (ahimsa)
and civil disobedience (satyagraha).

Indian National Movement: Emergence as a Mass Movement Under Gandhi

The Indian National Movement transformed into a true mass movement with the emergence
of Mahatma Gandhi as a central figure in the struggle for independence. Gandhi's unique
approach and strategies brought a significant shift in the dynamics of the movement, making
it more inclusive and widespread. Here are the key factors and phases that highlight this
transformation:

Early Influence of Gandhi

Return to India (1915)

Mahatma Gandhi returned to India from South Africa in 1915, where he had already gained
experience in leading non-violent campaigns against racial discrimination.

Champaran and Kheda (1917-1918)

Gandhi’s involvement in the Champaran Satyagraha (1917) to address the grievances of

indigo farmers in Bihar and the Kheda Satyagraha (1918) to support peasants in Gujarat
established his leadership and introduced his methods of non-violent resistance.

Non-Cooperation Movement (1920-1922)

Launch of the Movement

The Non-Cooperation Movement marked Gandhi's first nationwide campaign. It urged

Indians to withdraw their cooperation from British institutions, including schools, courts, and
government offices.

Mass Mobilization

Gandhi's call for non-cooperation resonated with millions across the country. People from all
sections of society, including peasants, workers, students, and women, participated in the
boycott of British goods and institutions.
Cultural Renaissance

The movement also promoted the revival of indigenous industries and the use of khadi
(homespun cloth), symbolizing self-reliance and national pride.

Civil Disobedience Movement (1930-1934)

Dandi March (1930)

Gandhi's 240-mile march to the Arabian Sea to produce salt in defiance of British laws
sparked widespread civil disobedience. It mobilized a large number of people, including
women, who actively participated in the protests.

Widespread Participation

The movement saw mass participation in boycotting British goods, refusing to pay taxes, and
breaking colonial laws. It engaged a broad spectrum of Indian society, further establishing the
movement as a mass uprising.

Quit India Movement (1942)

Call for Immediate Independence

The Quit India Movement, launched during World War II, demanded an end to British rule in
India. Gandhi's call for "Do or Die" inspired a nationwide revolt.

Mass Arrests and Repression

Despite severe repression and the arrest of major leaders, the movement witnessed
spontaneous uprisings and significant involvement from the masses, demonstrating the deep-
rooted desire for independence.

Gandhi’s Methods and Ideology

Non-Violence and Satyagraha

Gandhi's commitment to non-violence (ahimsa) and his philosophy of satyagraha (truth and
firmness) attracted widespread support. His methods allowed people from all backgrounds to
participate without resorting to violence.
Inclusivity and Social Reform

Gandhi’s emphasis on addressing social issues like untouchability, women’s rights, and
economic self-reliance broadened the appeal of the movement. His efforts to include
marginalized communities helped create a more inclusive national struggle.

Moral and Ethical Leadership

Gandhi's moral authority and personal example inspired confidence and unity among the
masses. His leadership transcended political boundaries, making him a unifying figure for
diverse groups.

Impact on Indian Society

Political Awakening

Gandhi’s mass movements awakened political consciousness among millions of Indians,

fostering a sense of national identity and unity.

Empowerment of the Masses

His strategies empowered ordinary people, giving them a sense of participation and
ownership in the freedom struggle.

International Attention

Gandhi’s non-violent resistance drew global attention, highlighting the moral legitimacy of
India’s struggle for independence and garnering international support.

Conclusion

The emergence of Mahatma Gandhi as a leader of the Indian National Movement marked a
pivotal shift, transforming it into a truly mass movement. His innovative strategies of non-
violent resistance, inclusivity, and moral leadership galvanized millions of Indians across
different strata of society. Under Gandhi’s guidance, the movement not only intensified the
struggle against British rule but also laid the foundation for a unified and democratic India.

Topic I

Factors that led to the emergence of Indian National Movement

The rise of the Indian National Movement was shaped by various interconnected factors, each
contributing significantly to the collective push against British colonial rule

Political, Social, Economic, and Cultural Grievances

Political Factors

Oppressive British Policies: The British implemented several oppressive policies that limited
the political freedom of Indians.

Discriminatory Practices: Indians were systematically excluded from high-ranking positions

in the government.

Social and Cultural Factors

Western Education: Introduced by the British, it led to the spread of modern ideas like liberty,
equality, and democracy among educated Indians.

Middle-Class Intelligentsia: Professionals like doctors and lawyers, educated in England,

were inspired by Western political institutions and played crucial roles in the movement.

Spread of English Language: Enabled communication among nationalists from different

linguistic backgrounds, helping unify diverse regions under a common cause.

Social and Religious Reform Movements: Movements such as Arya Samaj, Brahmo Samaj,
and Prarthana Samaj worked to eliminate social evils and fostered a sense of unity and
nationalism.

Economic Exploitation

Unfair Trade Practices: Indian goods faced high import duties in Britain, while British goods
enjoyed free trade in India.

Economic Drain: The

National Movement's rise was driven by a multitude of interconnected factors, significantly

influencing the collective resistance against British colonial rule. Here’s a comprehensive
overview of these critical factors, relevant for UPSC exam preparation:

Economic Exploitation: British policies, such as high import duties on Indian goods and free
trade for British products, led to economic stagnation and widespread poverty.
Drain of Wealth: Continuous transfer of wealth from India to Britain impoverished the Indian
economy.

Economic Theories: Nationalists like Dadabhai Naoroji and M.G. Ranade highlighted
colonial rule as the root cause of India's poverty, creating widespread resentment.

Development of Infrastructure

Transportation: British-built roads and railways connected different parts of the country,
facilitating the spread of nationalist ideas.

Railways: Unified the country, making it easier for leaders to disseminate nationalist
messages.

Postal and Telegraph Systems: Modern communication systems enabled the exchange of
ideas, strengthening the nationalist movement.

Growth of Modern Press

Printing Press: The introduction and growth of English and vernacular newspapers played a
crucial role in spreading nationalist ideas.

Newspapers: Publications like Amrita Bazar Patrika and The Hindu exposed British injustices
and popularized ideas of liberty, democracy, and self-rule.

Policies of Lord Lytton

Age Limit for Civil Service Exam: Reduction from 21 to 19 years angered Indians, making it
harder for them to compete.

Vernacular Press Act (1878): Restricted the freedom of the Indian press, increasing
resentment.

Indian Arms Act (1878): Prohibited Indians from carrying guns without a license, sparking
further discontent.

Delhi Durbar (1877): Lavish event held during a famine, highlighting British insensitivity.

Ilbert Bill Controversy (1883)

Judicial Reforms: Proposed allowing Indian judges to try Europeans, revealing deep-seated
racial prejudices among Europeans and galvanizing Indian nationalists.
Impact of International Events

Global Nationalist Movements: Liberation movements in Greece, Italy, and Ireland, along
with the French, American, and Russian revolutions, inspired Indian nationalists.

Racialism

British Arrogance: The British attitude of racial superiority and contempt towards Indians,
including derogatory depictions in media, fueled racial bitterness and resentment.

Influence of India’s Past

Historical Research: European scholars highlighted India’s rich cultural heritage, boosting
Indian self-respect and self-confidence.

Ancient Glory: Discoveries about India's advanced ancient civilizations inspired national
pride.

All these factors collectively contributed to the rise of the Indian National Movement,
marking a significant turning point in India's struggle for independence.

Topic III

Salient Features of Indian Constitution

The Indian Constitution is widely admired for its comprehensive and unique features. Crafted
after thorough analysis of various global constitutions, it has proven its resilience over time.
Here are some of its salient features:

Lengthiest Written Constitution

Written Constitution: Unlike the UK’s unwritten constitution, India has a written and the
lengthiest constitution in the world.

Comprehensive Document: It covers a wide range of subjects, influenced by India’s vast

geographical diversity, historical factors, and the need for a single constitution for both the
center and the states.

Drawn from Various Sources

Borrowed Provisions: India’s Constitution incorporates elements from other countries'
constitutions, such as the structural part from the Government of India Act, 1935, judicial
independence from the USA, and fundamental rights from the USA.

Adaptation to Indian Context: Despite borrowing, these features were adapted to fit Indian
conditions, e.g., the cabinet system from the UK is tailored to Indian needs.

Preamble of the Constitution

Ideals and Objectives: The Preamble sets forth the ideals of the Constitution, declaring India
as a Sovereign, Socialist, Secular, Democratic Republic.

Welfare State: It aims to secure justice, liberty, equality, and fraternity for its citizens.

Democratic System

Sovereignty of the People: The government’s authority is derived from the people, who enjoy
equal political rights.

Free Elections: Regular, free, and fair elections are held to elect governments.

Republic Status

Elected Head of State: India’s head of state, the President, is elected for a five-year term,
unlike monarchies.

Union of States

Article I: Declares India as a Union of States, emphasizing its federal structure.

Fundamental Rights and Duties

Guaranteed Rights: The Constitution guarantees fundamental rights to its citizens, including
equality, freedom, protection from exploitation, religious freedom, cultural and educational
rights, and constitutional remedies.

Fundamental Duties: Added by the 42nd Amendment, citizens are expected to uphold these
duties.

Directive Principles of State Policy

Social and Economic Democracy: These principles guide the government to promote social
and economic welfare.
Parliamentary System

Dual Governance: Both the center and states follow a parliamentary system with a distinction
between the nominal and real executive.

Responsibility to Legislature: The Council of Ministers is accountable to the Lok Sabha.

Federal Structure

Division of Powers: Powers are divided between the Union and states, with features like a
bicameral legislature and an independent judiciary, making India a quasi-federal state with a
unitary bias.

Universal Adult Franchise

Equal Voting Rights: Every adult citizen above 18 has the right to vote, ensuring broad
democratic participation.

Single Integrated State with Single Citizenship

Uniform Citizenship: All citizens enjoy equal rights and protections.

Integrated Judicial System

Unified Judiciary: The judicial system is integrated, with the Supreme Court at the apex,
followed by High Courts and subordinate courts.

Independent Judiciary

Separation from Legislature and Executive: Ensures judiciary’s independence in

administration and finances.

Amending the Constitution

Amendment Procedure: Laid out in Part XX, it balances the need for change with the sanctity
of the Constitution.

Judicial Review

Guardian of Rights: The judiciary can review laws and acts, protecting citizens’ rights and
upholding the Constitution.

Basic Structure Doctrine

Inviolable Features: Certain fundamental aspects of the Constitution cannot be amended by
Parliament, as upheld by the judiciary.

Secularism

Religious Freedom: The state does not favor any religion, ensuring freedom of religion for all
citizens.

Independent Bodies

Autonomous Institutions: Bodies like the Election Commission, CAG, and Finance
Commission are established to uphold constitutional provisions independently.

Emergency Provisions

Crisis Management: Detailed provisions to address threats to national security and unity.

Three-Tier Government

Local Governance: The 73rd and 74th Amendments established rural and urban local bodies,
fulfilling the vision of decentralized governance.

Topic II

Sources of Indian Constitution

The sources of the Indian Constitution encompass a variety of documents, historical events,
legal frameworks, and precedents that have influenced its formation and evolution. Key
among these is the Government of India Act, 1935, which provided a foundational blueprint
for the Constitution. Additionally, significant reports and recommendations from
constitutional committees, such as the Nehru Report and the Cabinet Mission Plan, have
contributed to its development. The Constitution also draws from international sources,
including other countries' constitutions, principles of natural justice, and the Universal
Declaration of Human Rights. Furthermore, judicial decisions, parliamentary debates, and
conventions have played a crucial role in shaping the interpretation and continuous
development of the Indian Constitution.
 Government of India Act, 1935:

Federal Structure: The Act laid the groundwork for a federal system, which was adopted in
the Indian Constitution.

Office of the Governor: The concept of a Governor in provinces, as established by the Act,
was retained in the Indian Constitution.

Emergency Powers: The Act's provisions for emergency powers and President's Rule
influenced similar provisions in the Indian Constitution.

Judiciary: The foundation for a federal judiciary, as outlined in the Act, shaped the judicial
framework of the Indian Constitution.

Public Service Commissions: The Act's introduction of public service commissions for civil
service appointments was adopted by the Indian Constitution.

Administrative Details: Various administrative structures and functions from the Act were
incorporated into the Indian Constitution.

 United Kingdom (British Constitution):

Parliamentary System: The Indian Constitution adopted the British parliamentary system,
including a sovereign Parliament.

Rule of Law: The principle of equality before the law and protection of individual rights,
influenced by British constitutional principles, is enshrined in the Indian Constitution.

Legislative Procedures: The procedures for passing bills and conducting debates in the Indian
Parliament were modeled after British practices.

Single Citizenship: The concept of single citizenship, where individuals are citizens of the
whole country rather than specific regions, was inspired by the British Constitution.

Cabinet System: The Indian Constitution adopted the Cabinet system, where executive
powers are vested in the Council of Ministers led by the Prime Minister.

 United States of America (US Constitution):

Written Constitution: Like the US Constitution, the Indian Constitution is a written document
detailing fundamental laws and principles.
Fundamental Rights: The protection of individual rights, akin to the US Bill of Rights, is a
key feature of the Indian Constitution.

Judicial Review: The power of judicial review, allowing courts to interpret the Constitution
and invalidate inconsistent laws, was influenced by the US Constitution.

President as Head of State: The role of the President as the head of state, representing the
country and exercising executive powers, was adopted from the US Constitution.

 Ireland (Irish Constitution):

Directive Principles of State Policy: The concept of guiding principles for the establishment
of a just society was inspired by the Irish Constitution.

Nomination of Rajya Sabha Members: The provision for nominating members to the Rajya
Sabha (Upper House) was derived from the Irish Constitution.

Fundamental Duties: The inclusion of fundamental duties for citizens, emphasizing their
responsibilities towards the nation, was influenced by the Irish Constitution.

 Canada (Canadian Constitution):

Federal Structure: The Indian Constitution mirrored the federal structure of the Canadian
Constitution, with powers divided between central and state governments.

Division of Powers: The delineation of legislative powers between the center and the states
was influenced by the Canadian Constitution.

Appointment of Governors: The method for appointing governors as central representatives

in states was borrowed from the Canadian Constitution.

 Australia (Australian Constitution):

Concurrent List: The concept of a concurrent list, allowing both central and state
governments to legislate on certain subjects, was adopted from the Australian Constitution.

Freedom of Trade and Commerce: The guarantee of free trade and commerce within the
country was inspired by the Australian Constitution.

Joint Sitting of Parliament: The provision for a joint sitting of both houses to resolve
legislative deadlocks was influenced by the Australian Constitution.

 Germany (Weimar Constitution):

Suspension of Fundamental Rights during Emergencies: The Indian Constitution allows for
the suspension of fundamental rights during emergencies, similar to the Weimar Constitution.

Suspension of State Governments: The provision for suspending state governments in case of
a constitutional breakdown was influenced by the Weimar Constitution.

 France (French Constitution):

Liberty, Equality, and Fraternity: The ideals of liberty, equality, and fraternity, central to the
French Revolution, are reflected in the Indian Constitution's Preamble and various provisions.

Principles of the Republic: The emphasis on democratic principles and republicanism in the
Indian Constitution can be traced back to the French Constitution.

 South Africa (South African Constitution):

Procedure for Amending the Constitution: The method for amending the constitution,
requiring a special majority and state ratification, was adopted from the South African
Constitution.

 Japan:

Procedure Established by Law for Restriction on Fundamental Rights during Emergencies:

The Indian Constitution’s provision for restricting certain fundamental rights during
emergencies follows a procedure similar to that in the Japanese Constitution.

Topic IV

Preamble

The Preamble to a constitution serves as an introductory statement, outlining its purpose and
core philosophy. The American Constitution was the first to include a Preamble, and this
practice has been adopted by many other countries, including India.

Here are some notable views on the Preamble of the Indian Constitution:

NA Palkhivala: Described the Preamble as the "identity card of the Constitution."

Sir Alladi Krishnaswamy Iyer: Considered the Preamble as an expression of the aspirations
and dreams that shaped the Constitution.

Dr. KM Munshi: Referred to the Preamble as the "horoscope of our Constitution."

Pandit Thakur Das Bhargava: Described it as the "soul" and "key" of the Constitution, a
"jewel" within it, and a "yardstick" for measuring the Constitution's value.

Sir Ernest Baker: Called it the "key-note of the Constitution.

Key Aspects of the Preamble

The Preamble to the Indian Constitution reveals four important aspects:

Source of Authority: The Constitution derives its authority from the people of India.

Nature of the Indian State: It declares India as a sovereign, socialist, secular, democratic, and
republican state.

Objectives: It specifies justice, liberty, equality, and fraternity as its core objectives.

Date of Adoption: The Preamble was adopted on November 26, 1949.

Key Terms in the Preamble

Sovereign: India is an independent state, not a dependency or dominion of any other nation.
Membership in the Commonwealth or the UN does not affect its sovereignty.

Socialist: Added by the 42nd Amendment Act of 1976, this term reflects India's commitment
to democratic socialism, blending Marxist and Gandhian ideals. It emphasizes both public
and private enterprises.

Secular: Also added by the 42nd Amendment Act, this term underscores India's commitment
to a secular state, ensuring equal treatment regardless of religion. Although "secular" was not
explicitly mentioned in the original Constitution, the Supreme Court confirmed in 1974 that a
secular state was the intended goal.

Democratic: The Constitution establishes a representative democracy where elected officials

make decisions on behalf of the people. This representative democracy includes political,
social, and economic dimensions. Dr. B.R. Ambedkar emphasized that political democracy
requires a foundation of social democracy, which includes liberty, equality, and fraternity.

Republic: India is a democratic republic, meaning that its highest offices are open to all
citizens, in contrast to the UK, where the highest office is reserved for the monarchy.

Justice
Concept: The ideal of justice, borrowed from the USSR Constitution, encompasses social,
economic, and political justice. This includes:

Social Justice: Equal treatment without social discrimination.

Economic Justice: Non-discrimination based on economic factors.

Political Justice: Equal political rights and access to political offices.

Liberty

Concept: Liberty involves the absence of restraints on individual activities while ensuring
opportunities for personal development. It guarantees liberty of thought, expression, belief,
faith, and worship.

Equality

Concept: Equality means the absence of special privileges and the provision of equal
opportunities for all individuals. It includes civic, political, and economic equality.

Fraternity

Concept: Fraternity, borrowed from the French Revolution, signifies a sense of brotherhood.
The Preamble emphasizes the need for fraternity to uphold the dignity of individuals and the
unity and integrity of the nation. The term "integrity" was added by the 42nd Amendment Act
of 1976.

Preamble as the Philosophical Key to the Constitution

The Preamble reflects the ideals articulated in the Objectives Resolution of 1946 and
summarizes the aims and objectives of the Constitution. Though not enforceable by itself, it
provides a framework for interpreting the Constitution and its provisions.

Legal Status and Amendability

Legal Status: The Preamble is part of the Constitution, as confirmed by the Supreme Court in
the Keshavananda Bharati case (1973) and further clarified in the LIC of India case (1995). It
is not a source of legislative power nor a restriction on legislative authority. Its provisions are
non-justiciable, meaning they cannot be enforced in a court of law.

Amendability: The basic elements or fundamental features of the Constitution contained in

the Preamble cannot be altered by amendments under Article 368, as established in the
Keshavananda Bharati case. The Preamble has been amended once, by the 42nd Amendment
Act of 1976, to include the terms "Socialist," "Secular," and "Integrity."

Unit-II

Topic -1

Fundamental Rights and Fundamental Duties

Fundamental Rights (Articles 12-35)

Fundamental Rights are essential human rights guaranteed to all citizens by the Indian
Constitution. Defined in Part III of the Constitution, these rights ensure that every individual
is treated equally and without discrimination. They are enforceable by the courts, although
subject to certain restrictions.

Origins and Inspiration

Historical Context: The concept of Fundamental Rights can be traced back to the Magna
Carta of England in 1215.

Inspiration: The Fundamental Rights in the Indian Constitution were inspired by the "Bill of
Rights" from the U.S. Constitution, reflecting a commitment to safeguarding personal
freedoms and liberties.

Significance: This section of the Constitution is often referred to as the "Magna Carta of
India" due to its crucial role in protecting individual rights.

Purpose and Function

Promotion of Political Democracy: The primary aim of Fundamental Rights is to promote the
ideal of political democracy.

Limitation on Authority: These rights act as a safeguard against potential tyranny of the
executive and arbitrary laws enacted by the legislature.

Evolution

Original Provision: Initially, the Indian Constitution included seven Fundamental Rights.
Amendment: The Right to Property was removed from the list of Fundamental Rights by the
44th Amendment Act.

In summary, Fundamental Rights are a cornerstone of the Indian Constitution, designed to

protect individual liberties and ensure justice and equality for all citizens.

1. Right to Equality (Articles 14–18)

The Right to Equality is a significant fundamental right in the Indian Constitution.

It ensures that every person, regardless of their religion, gender, caste, race, or place of birth,
is treated equally.

This right extends to employment opportunities in the government and protects against
discrimination by the State based on factors like caste or religion.

It also includes the elimination of titles and the practice of untouchability.

2. Right to Freedom (Articles 19–22)

Freedom is a fundamental value in democratic societies, and the Indian Constitution

guarantees various aspects of freedom to its citizens. These freedoms include:

Freedom of speech

Freedom of expression

Freedom of peaceful assembly

Freedom of association

Freedom to pursue any profession

Freedom to reside anywhere in the country

However, some of these rights can be subject to limitations in the interest of state security,
public morality, decency, or friendly foreign relations, allowing the government to impose
reasonable restrictions.

3. Right against Exploitation (Articles 23–24)

The Right against Exploitation encompasses the prohibition of activities like human
trafficking, forced labor (begar), and the employment of children in hazardous conditions.
The Constitution expressly forbids the employment of children below 14 years in dangerous
work environments.

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

This fundamental right underscores the secular nature of Indian governance, showing equal
respect for all religions.

It guarantees freedom of conscience, profession, practice, and propagation of religion.

India has no official state religion, and individuals have the right to freely practice their faith
and establish religious and charitable institutions.

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

Cultural and Educational Rights protect the interests of religious, cultural, and linguistic
minorities.

They ensure the preservation of their heritage and culture while also promoting education
without discrimination.

6. Right to Constitutional Remedies (Articles 32–35)

The Right to Constitutional Remedies guarantees recourse for citizens if their fundamental
rights are violated.

It empowers individuals to approach the courts for redress. The Supreme Court, in particular,
can issue writs to enforce these rights.

These fundamental rights form the core of individual freedoms and protections within the
Indian legal framework.

Differences Between Fundamental Rights and Regular Legal Rights in India

Fundamental Rights in India are distinct from regular legal rights in terms of their
enforcement and scope.

1. Enforcement:
 o Fundamental Rights: If a Fundamental Right is violated, an individual can
directly approach the Supreme Court or High Courts. These rights are
justiciable, meaning they can be enforced through the judiciary.
o Regular Legal Rights: If a regular legal right is violated, the affected
individual must first seek resolution through lower courts before potentially
escalating the matter to higher courts.
2. Applicability:
o Fundamental Rights: Some Fundamental Rights apply to all citizens, while
others extend to all individuals, including non-citizens.
o Regular Legal Rights: These rights are typically applicable to all individuals
within the country, but the procedures for their enforcement do not grant
immediate access to the Supreme Court.
3. Nature and Restrictions:
o Fundamental Rights: These are not absolute and come with reasonable
restrictions in the interest of state security, public morality, decency, and
maintaining friendly relations with other nations.
o Regular Legal Rights: These rights are subject to the laws enacted by the
Parliament and state legislatures and do not have the same level of
constitutional protection.
4. Amendability:
o Fundamental Rights: Parliament can amend these rights through a
constitutional amendment, but such amendments must not alter the basic
structure of the Constitution.
o Regular Legal Rights: These can be amended or repealed by ordinary
legislative processes.
5. Suspension During Emergencies:
o Fundamental Rights: These can be suspended during a national emergency,
except for rights guaranteed under Articles 20 and 21. In areas under martial
law or military rule, the application of Fundamental Rights may also be
restricted.
o Regular Legal Rights: These may also be affected during emergencies but
are more susceptible to changes through legislative measures.

The Crucial Role of Article 13

Article 13 is pivotal in safeguarding Fundamental Rights in India. It declares any law that
infringes upon these rights null and void. This empowers the judiciary with the power of
judicial review, enabling the Supreme Court and High Courts to declare any law
unconstitutional if it violates Fundamental Rights. Article 13 serves as a guardian of the
people's rights, ensuring no law can infringe upon these essential protections.

Constitutional Amendments and Fundamental Rights

1. Amendment Process:
o To amend Fundamental Rights, a constitutional amendment is required. This
must pass through both Houses of Parliament with a special majority.
2. Judicial Interpretation:
o Article 13(2): Prohibits laws that infringe upon Fundamental Rights. There
has been debate over whether a constitutional amendment constitutes a "law"
under Article 13.
o Sajjan Singh Case (1965): Initially, the Supreme Court ruled that Parliament
could amend any part of the Constitution, including Fundamental Rights.
o Golaknath Case (1967): The Court reversed its position, stating Fundamental
Rights could not be amended.
o Kesavananda Bharati Case (1973): The Court clarified that while Parliament
could amend any part of the Constitution, it could not alter the "basic
structure" of the Constitution. This doctrine empowers the judiciary to strike
down any amendment that contradicts the Constitution's fundamental tenets.
3. Basic Structure Doctrine:
o Reaffirmation (1981): The Supreme Court reaffirmed this doctrine,
specifying it should not be applied retrospectively to challenge amendments
made before April 24, 1973, the date of the Kesavananda Bharati judgment.

Fundamental Duties of Indian Citizens

As responsible citizens of India, we are endowed with certain rights and duties. While our
rights are well-known, it is equally important to be aware of and fulfill our Fundamental
Duties. These duties require us to adhere to the laws of the land and meet our legal
obligations. The Indian Constitution outlines 11 Fundamental Duties that serve as guiding
principles for citizens, reflecting the values and ideals that contribute to the betterment of our
society and nation as a whole.

Evolution of Fundamental Duties

Initially, the Indian Constitution only included Fundamental Rights without any mention of
Fundamental Duties. The duties of the State were outlined in the Directive Principles of State
Policy. However, in 1976, the concept of Fundamental Duties for citizens was introduced.
These duties were inspired by the constitution of the former USSR.

Background of Fundamental Duties

During the internal emergency (1975-1977), the Congress Party established the Sardar
Swaran Singh Committee in 1976. This committee recommended incorporating a separate
chapter on Fundamental Duties in the Constitution, emphasizing the importance of citizens
recognizing their duties alongside their rights.

The 42nd Constitutional Amendment Act

Following the committee's recommendations, the Congress Government enacted the 42nd
Constitutional Amendment Act in 1976. This amendment added Part IV-A to the
Constitution, introducing Article 51A, which outlined ten Fundamental Duties for citizens,
marking their first explicit inclusion in the Constitution. While the Swaran Singh Committee
initially suggested eight Fundamental Duties, the 42nd Constitutional Amendment Act
expanded the list to ten.

Duty to Educate

In 2002, Article 51A(k) was added, stating that it is the fundamental duty of every citizen
who is a parent or guardian to provide opportunities for free and compulsory education to a
child between the ages of 6 and 14 years.

List of 11 Fundamental Duties of India

The Indian Constitution includes a single Article, Article 51A, in Part IV-A, which deals with
Fundamental Duties. These duties were added through the 42nd Amendment Act in 1976,
outlining 11 Fundamental Duties for citizens. They are as follows:
Article 51A: Fundamental duties - It shall be the duty of every citizen of India…
to abide by the Constitution and respect its ideals and institutions, the National Flag and
(a)
the National Anthem.
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom.
(c) to uphold and protect the sovereignty, unity and integrity of India.
(d) to defend the country and render national service when called upon to do so.
to promote harmony and the spirit of common brotherhood among all the people of India,
(e) transcending religious, linguistic and regional or sectional diversities; to renounce
practices derogatory to the dignity of women.
(f) to value and preserve the rich heritage of our composite culture.
to protect and improve the natural environment, including forests, lakes, rivers and
(g)
wildlife, and to have compassion for living creatures.
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform.
(i) to safeguard public property and to abjure violence.
to strive towards excellence in all spheres of individual and collective activity so that the
(j)
nation constantly rises to higher levels of endeavour and achievement.
who is a parent or guardian to provide opportunities for education to his child or, as the
(k)
case may be, a ward between the age of six and fourteen years.
Features of Fundamental Duties

The main features of the Fundamental Duties are:

 Moral and civic duties: The Fundamental Duties encompass both moral and civic
obligations. They include responsibilities such as cherishing the noble ideals of the
freedom struggle under Article 51A (b) (a moral duty) and respecting the Constitution,
National Flag, and National Anthem under Article 51A(a) (a civic duty).
 Rooted in Indian tradition: The Fundamental Duties are derived from values deeply
embedded in Indian tradition, mythology, religions, and practices. For example, the
duty to renounce practices derogatory to the dignity of women has been rooted in the
Indian tradition for ages.
 Applicable to citizens: Unlike certain Fundamental Rights that extend to all
individuals, including foreigners, the Fundamental Duties are specifically applicable
to Indian citizens.
  Non-justiciable: Similar to the Directive Principles of State Policy, the Fundamental
Duties are non-justiciable. However, the Parliament has the authority to enforce these
duties through suitable legislation.

Importance of Fundamental Duties

According to the late Prime Minister Indira Gandhi, the moral value of fundamental duties
lies in establishing a democratic balance by making individuals equally conscious of their
duties as they are of their rights, without suppressing the importance of rights themselves.
The Fundamental Duties are considered important from the following viewpoints:

 Reminding citizens of their responsibilities: The inclusion of Fundamental Duties

serves as a reminder to citizens that while enjoying their rights, they also have
obligations towards their country, society, and fellow citizens.
 Warning against anti-national activities: Fundamental Duties warn against anti-
national or antisocial activities, such as burning the national flag or destroying public
property. They help in fostering a sense of respect and reverence towards national
symbols and public resources.
 Inspiring discipline and commitment: Fundamental Duties inspire citizens and
promote a sense of discipline and commitment. They encourage citizens to actively
participate in the realisation of national goals actively, fostering a collective effort
towards nation-building.
 Assisting in determining constitutional validity: Fundamental Duties play a role
in judicial review.
o According to a 1992 Supreme Court decision, a court may consider a law to be
"reasonable" in relation to Article 14 (equality before the law) or Article
19 (six freedoms) and thus prevent it from being unconstitutional if it finds
that the law in question seeks to carry out a fundamental duty.
 Political justification: The inclusion of Fundamental Duties was justified by H.R.
Gokhale, the then Law Minister, and Indira Gandhi, the then Prime Minister, as a
means to strengthen democracy and establish a balance between rights and duties.
Relation between Fundamental Rights and Fundamental Duties

The Constitution of India not only guarantees fundamental rights but also outlines
Fundamental Duties. While Fundamental Rights were introduced earlier and are legally
enforceable, Fundamental Duties were established through the 42nd Amendment in 1976.

 Complementary nature of Fundamental Rights and Duties: The correlation

between Article 21 and Article 51A (k) highlights the complementary relationship
between fundamental duties and rights.
o Article 21 guarantees the right to education, while Article 51A (k) imposes the
duty on parents and guardians to provide free and compulsory education for
children aged 6-14 years.
 Neglecting Fundamental Duties: Individuals often concentrate on their rights while
ignoring their duties. In the name of the right to Free speech, people sometimes
incite violence and spread fake news, but this contradicts the duty to maintain social
harmony and unity.
 Political leaders and religious divisions: Many political leaders seek votes by
exploiting religious affiliations, thereby disregarding their fundamental duty outlined
in Article 51A (c) – the duty to protect the sovereignty, unity, and integrity of the
country.
 Reinforcing democracy through fulfilling Duties: For democracy to flourish,
citizens must recognise the significance of fulfilling their Fundamental Duties in
conjunction with exercising their fundamental rights.

Conclusion

The non-enforceability of Fundamental Duties does not diminish their importance. These
duties are crucial in a democratic state as they remind individuals of their responsibilities
towards the nation while enjoying their rights. The term 'fundamental' attached to these duties
highlights their significance, even though some duties are enforceable by law separately.
Upholding the Constitution is not solely the government's responsibility; citizens must also
be aware of and fulfill their societal roles.

Topic II
Election Commission

Election Commission of India (ECI)

Overview

The Election Commission of India (ECI) is a permanent and independent body established by
the Constitution of India to ensure free and fair elections in the country. As it is created
directly under the provisions of the Constitution, it is a Constitutional Body. The ECI serves
as an All-India body, meaning it is common to both the Central and State governments.

Powers and Jurisdiction

The Constitution grants the ECI the authority to supervise, direct, and control elections to:

 Parliament: Lok Sabha and Rajya Sabha

 State Legislatures: State Legislative Assemblies and State Legislative Councils (if
they exist)
 The Office of the President of India
 The Office of the Vice-President of India

Notably, the ECI does not oversee elections to Panchayats and Municipalities within States.
For these local elections, each State has its own State Election Commission.

Constitutional Provisions

Article 324 of the Constitution of India outlines the provisions related to the Election
Commission of India (ECI). This article details the composition, appointment, service
conditions of its members, and the powers and functions of the ECI.

Composition

Article 324 of the Constitution specifies the following about the ECI's composition:

 It consists of the Chief Election Commissioner (CEC) and such a number of other
Election Commissioners (ECs) as the President may determine.
 The President appoints the CEC and other ECs.
  The CEC acts as the Chairman of the ECI.
 The President may also appoint Regional Commissioners (RCs) after consulting the
ECI as deemed necessary to assist the ECI.
 The conditions of service and tenure of office for the Election Commissioners and the
Regional Commissioners are determined by the President, subject to any laws made
by Parliament.

Current Composition: The ECI currently comprises a Chief Election Commissioner and
two Election Commissioners.

Appointment of Members

Under the Chief Election Commissioner and other Election Commissioners (Appointment,
Conditions of Service, and Term of Office) Act, 2023, the CEC and the ECs are appointed by
the President of India based on the recommendation of a three-member Selection Committee
consisting of:

 The Prime Minister of India

 A Union Minister nominated by the Prime Minister

 The Leader of Opposition (LoP) in the Lok Sabha

A Search Committee, headed by the Cabinet Secretary, suggests five names to the Selection
Committee, which can consider any person beyond these suggestions.

Term of Office

According to the Election Commission (Conditions of Service of Election Commissioners

and Transaction of Business) Act, 1991, the CEC and the ECs hold office for a term of six
years or until they attain the age of 65 years, whichever is earlier.

Resignation and Removal

Resignation: The CEC and the ECs can resign at any time by writing to the President.
Removal:

 The CEC can be removed in the same manner and on the same grounds as a judge of
the Supreme Court, through a resolution passed by both Houses of Parliament with a
special majority, on grounds of proven misbehavior or incapacity.
 Other Election Commissioners or Regional Commissioners can be removed on the
recommendation of the Chief Election Commissioner, lacking the same security of
tenure as the CEC.

Salary and Allowances

The CEC and the two Election Commissioners receive equal salaries, allowances, and other
prerequisites similar to those of a Supreme Court judge.

Functions and Powers

The ECI's functions and powers are categorized into three areas:

Administrative Functions:

 Determine electoral constituencies' territorial areas.

 Prepare and periodically revise electoral rolls and register eligible voters.
 Notify election dates and schedules, and scrutinize nomination papers.
 Grant recognition to political parties and allocate election symbols.
 Determine the Model Code of Conduct (MCC).
 Prepare a roster for publicizing political parties' policies on radio and TV.
 Cancel polls in the event of rigging, booth capturing, etc.
 Request the President or Governor to requisition the necessary staff for conducting
elections.
 Supervise the electoral machinery to ensure free and fair elections.
 Register political parties and grant them national or state party status based on poll
performance.

Advisory Functions:

 Advise the President on disqualifications of Parliament members.

  Advise the Governor on disqualifications of State Legislature members.
 Advise the President on the feasibility of holding elections in a State under President’s
Rule.

Quasi-Judicial Functions:

 Act as a court for disputes related to political parties' recognition and election symbol
allocation.
 Appoint officers to inquire into electoral arrangement disputes.

Assisting Machinery

The ECI relies on a structured machinery comprising:

 Deputy Election Commissioners (DEC): Drawn from civil services and appointed
by the ECI.
 Chief Electoral Officer (CEO): Appointed at the State level by the Chief Election
Commissioner in consultation with the State Government.
 District Returning Officer (DRO): Appointed at the district level; the Collector acts
as the DRO for each constituency.
 Returning Officer (RO): Appointed by the DRO for each constituency.
 Presiding Officer (PO): Appointed by the DRO for each polling booth.

Independence

Constitutional Provisions Ensuring Independence:

 The CEC has security of tenure and can only be removed in the manner specified for a
Supreme Court judge.
 Other Election Commissioners and Regional Commissioners can only be removed on
the recommendation of the CEC.
 The service conditions of the CEC and other ECs cannot be varied to their
disadvantage post-appointment.

Challenges to Independence:

 The Constitution does not prescribe specific qualifications for ECI members.
  It does not specify the members' term.
 It does not prohibit varying service conditions of ECs post-appointment.
 Retiring Election Commissioners are not barred from further government
appointments.

Supreme Court Directions

In the Anoop Baranwal vs Union of India case (2023), the Supreme Court directed:

 The CEC and other ECs should be appointed on the recommendation of a three-
member committee (the Prime Minister, the Leader of the Opposition in the Lok
Sabha, and the Chief Justice of India).
 The grounds for removing other ECs should be the same as those for removing the
CEC.

Issues and Challenges

Political Interference: Pressure from political parties and powerful interest groups. Limited
Powers: Limited ability to enforce decisions and punish offenders. Electoral Fraud and
Malpractice: Voter intimidation, use of money and muscle power. Electoral Violence:
Clashes between political parties and attacks on polling booths. Technological Challenges:
Ensuring the security and integrity of Electronic Voting Machines (EVMs). Disinformation
and Fake News: The spread of disinformation, hate speech, and fake news on social media.
Electoral Reforms: Addressing systemic issues such as political party funding and internal
party democracy.

Way Forward

Voter Education: Enhance efforts to educate voters on their rights, the electoral process, and
the importance of participation through various communication channels. Electoral
Reforms: Advocate for comprehensive reforms to address existing loopholes and
shortcomings, ensuring transparency in campaign financing, and maintaining the integrity of
electronic voting systems. Modernization: Invest in modernizing electoral infrastructure
such as EVMs, voter registration systems, and polling facilities.
Electoral reforms

Electoral Reforms Implemented Since Independence

Electoral Reforms Before 1996

1. Increase in the Number of Proposers (1988):

o For Rajya Sabha and State Legislative Council elections, the number of
proposers in nomination papers was increased to 10 percent of the electors of
the constituency or ten such electors, whichever is less.
2. Lowering of Voting Age (61st Constitutional Amendment Act, 1988):
o Reduced the voting age from 21 years to 18 years for Lok Sabha and
Assembly elections to encourage youth participation in politics.
3. Booth Capturing (1989):
o Provision made for the adjournment of polls or countermanding elections in
cases of booth capturing.
4. Electronic Voting Machines (EVMs):
o First used in the general election in Kerala in May 1982. By 2004, EVMs were
used in all 543 Parliamentary Constituencies for the Lok Sabha elections.

Electoral Reforms of 1996

Electoral reforms refer to the changes or improvements made to the electoral process to
ensure the integrity and transparency of the electoral system. These reforms are necessary to
maintain the credibility of the electoral process and to ensure that every vote counts.

 Ensuring free and fair elections (Article 324): Electoral reforms aim to address the
issues of electoral malpractices and ensure that elections are conducted in a free and
fair manner.
 Enhancing voter participation: Electoral reforms aim to increase voter turnout and
to address the issue of voter apathy, difficulty in accessing polling booths, etc.
 Reducing the influence of money and muscle power: Electoral reforms help to
reduce the influence of money and muscle power by regulating campaign finance and
ensuring the safety of voters.
  Encouraging transparency and accountability: Electoral reforms initiate the
measures such as mandatory disclosure of criminal records by candidates and the use
of technology to monitor the electoral process.
 Addressing electoral inequalities: Electoral reforms try to bring down the
inequalities such as the under-representation of women and marginalized
communities.

Following the recommendations of the Dinesh Goswami Committee (1990):

1. Listing of Names of Candidates:

o Candidates were classified into three categories for listing:
1. Recognized political party candidates.
2. Registered-unrecognized political party candidates.
3. Independent candidates.
2. Disqualification under Prevention of Insults to National Honour Act:
o Persons convicted under this Act disqualified from contesting elections for six
years.
3. Number of Proposers:
o Nomination of candidates in Parliamentary or Assembly constituencies
required ten registered electors as proposers if not sponsored by a recognized
political party.
4. Restriction on Contesting from Multiple Constituencies:
o Candidates restricted to contesting from no more than two
Parliamentary/Assembly constituencies or Rajya Sabha/State Legislative
Council.

Electoral Reforms After 1996

1. Presidential and Vice Presidential Elections (1997):

o Number of electors as proposers and seconders increased to 50 and 20,
respectively.
2. Disclosure of Criminal Antecedents, Assets, etc. (2003):
 o Candidates required to disclose information on criminal convictions,
accusations, assets, and liabilities.
3. Free Supply of Electoral Rolls (2003):
o Government to supply free copies of electoral rolls and other prescribed
materials to candidates of recognized political parties.
4. Reporting of Contributions (2003):
o Political parties required to report contributions exceeding ₹20,000 to the
Election Commission for income tax relief claims.
5. Allocation of Time on Electronic Media (2003):
o Equitable sharing of time on electronic media for recognized political parties
based on past performance.

Electoral Reforms Since 2010

1. Restrictions on Exit Polls (2009):

o Conducting and publishing results of exit polls prohibited during elections to
Lok Sabha and State Assemblies.
2. Time Limit for Submitting Disqualification Cases (2009):
o Three-month time limit for specified authorities to submit disqualification
cases to the President.
3. Increase in Security Deposit (2009):
o Security deposit for Lok Sabha candidates increased from ₹10,000 to
₹25,000.
4. Appellate Authority Within District (2009):
o District-level appellate authority for orders of Electoral Registration Officers.
5. Persons in Jail or Police Custody Can Contest Elections (2013):
o Amended Representation of the People Act, 1951, to allow those in jail or
police custody to contest elections.
6. Immediate Disqualification of Convicted MPs and MLAs (2013):
o Supreme Court ruled in the Lily Thomas case that convicted MPs and MLAs
are immediately disqualified without three months' appeal time.
7. Ceiling on Cash Donations Lowered (2017):
o Limit for anonymous cash donations to political parties reduced from ₹20,000
to ₹2,000.
 8. Cap on Corporate Contributions Lifted (2017):
o Removed limit on corporate contributions, previously capped at 7.5 percent of
the net profit of a company's past three financial years.
9. Introduction of Electoral Bonds (2018):
o Electoral Bonds introduced as an alternative to cash donations to political
parties to enhance transparency.
10. Foreign Funding Allowed:
o Political parties allowed to receive foreign funds by amending the Foreign
Contribution (Regulation) Act, 2010.

Reforms Recommended by the Election Commission of India (ECI)

1. Single Constituency Contesting:

o Amend law to prevent candidates from contesting from more than one
constituency at a time.
2. Lifetime Ban on Convicted Politicians:
o Endorsed a lifetime ban for convicted politicians to decriminalize politics.
3. Prohibition on Government Advertisements Before Elections:
o Six-month prohibition on government advertisements showcasing
achievements before the expiration of the House term.
4. Protection for Election Commissioners:
o Amend law to provide Election Commissioners the same removal protections
as the Chief Election Commissioner.
5. Anti-Defection Decisions:
o Anti-defection matters to be decided by the President or Governor based on
the ECI's recommendation.
6. Common Electoral Rolls:
o Use of common electoral rolls for elections conducted by both the Election
Commission and State Election Commissions.
7. False Declarations:
o Make false declarations regarding elections an offense.
8. Rule-Making Authority:
o Transfer rule-making authority under the Representation of the People Acts to
the Election Commission from the Central Government.
Unit-III

President

President of India: Roles, Election, and Constitutional Provisions

Role of the President of India

The President of India is the head of state and the first citizen of the country. The President
serves as the supreme commander of the Indian Armed Forces and has several key powers,
including the appointment and dismissal of the Prime Minister and other Union Council of
Ministers members. Although the President's powers are largely ceremonial, with real
executive power vested in the Prime Minister and the Cabinet, the President represents the
nation's unity and holds significant constitutional responsibilities.

Election Process of the President of India

The President of India is elected by an electoral college comprising elected members of both
Houses of Parliament and the elected members of the Legislative Assemblies of States and
the Union Territories of Delhi and Puducherry. Members nominated to both Houses of
Parliament, state legislative assemblies, state legislative councils, and the Legislative
Assemblies of Delhi and Puducherry are not eligible to vote in the presidential election.

Voting System: The election follows a system of proportional representation by means of a

single transferable vote. Each member of the electoral college casts a single vote that can be
transferred to other candidates according to their preferences. The candidate who secures the
majority of votes is declared elected.

Election Steps:

1. Announcement: The Election Commission of India announces the date for the
presidential election and invites nominations from eligible candidates.
2. Eligibility: Candidates must be Indian citizens, at least 35 years old, and eligible to be
members of the Lok Sabha. Each candidate must be supported by 50 proposers and 50
seconders who are members of the electoral college.
 3. Scrutiny: The Election Commission scrutinizes the nominations and publishes a list
of valid candidates.
4. Voting: Electoral college members cast their votes using the single transferable vote
system.
5. Counting and Declaration: Votes are counted, and the candidate with the majority is
declared elected.
6. Oath: The President-elect takes the oath of office and assumes the responsibilities of
the President of India.

Constitutional Provisions Relating to the President

Article 52: There shall be a President of India.

Article 53: The executive power of the Union shall be vested in the President.

Article 54: The President is elected by an electoral college consisting of elected members of
both Houses of Parliament and the Legislative Assemblies of States.

Article 55: Describes the manner of election of the President.

Article 56: The President holds office for a term of five years.

Article 57: Eligibility for re-election to the office of the President.

Article 58: Qualifications for election to the office of the President.

Article 59: Conditions of the office of the President.

Article 60: Oath of office for the President.

Article 61: Procedure for impeachment of the President.

Article 62: Provisions related to the term and vacancy of the President.

Qualifications for President

 Must be a citizen of India.

 Must be at least 35 years old.
  Must meet the qualifications to be a member of the Lok Sabha.
 Must not hold any office of profit under the Union or state government or any local or
other public authority. Exceptions include the sitting President, Vice-President,
Governors of states, and Union or state ministers.

Oath of Office

Before taking office, the President swears to:

 Faithfully execute the office.

 Preserve, protect, and defend the Constitution and the law.
 Devote themselves to the service and well-being of the people of India.

Conditions of Office

 The President should not be a member of either House of Parliament or a state

legislature. If elected, they vacate any such seats upon assuming office.
 The President should not hold any other office of profit.
 The President is entitled to the use of the official residence (Rashtrapati Bhavan)
without payment of rent and to emoluments, allowances, and privileges determined by
Parliament.
 Emoluments and allowances cannot be diminished during the term of office.

Term and Vacancy

 Term: Five years from the date of taking office. The President can resign by sending
a resignation letter to the Vice-President and can be removed by impeachment.
 Vacancy: Can occur due to expiration of the term, resignation, impeachment, death,
or disqualification. The President remains in office until a successor takes over and is
eligible for re-election.

Impeachment of the President

The President can be impeached for "violation of the Constitution." The process is initiated
by either House of Parliament, with charges signed by at least one-fourth of the members.
The President is given a 14-day notice and has the right to appear and be represented during
the investigation. A resolution passed by a two-thirds majority in both Houses results in the
President's removal. Nominated members of Parliament can participate in impeachment
proceedings, though they cannot vote in the presidential election. Members of state legislative
assemblies and Union Territories do not participate in impeachment proceedings. To date, no
President has been impeached.

Prime Minister and council of Ministers

A Prime Minister is the head of government in India's political setup. He is the de facto head
of state.

 The Prime Minister is appointed by the President of India and is the leader of the
party or coalition that holds the majority of seats in the Lok Sabha, the lower
house of India's parliament.
 The Prime Minister is responsible for the administration of the government and
serves as the chief spokesperson for the government's policies.
 Under Article 75, the council of Ministers shall be appointed by the President on the
advice of the Prime Minister.
 Also, Article 74(1) states that there shall be a Council of Ministers with a Prime
Minister at the head to aid and advise the President. Thus, other ministers work under
the direction of the Prime Minister.

Hence, in the parliamentary system of India, the role of the Prime Minister has become so
significant and crucial that the form of government in India is called a ‘Prime Ministerial
Government’.

Appointment of the Prime Minister

The Constitution does not specify a particular process for selecting and appointing a Prime
Minister.

 According to Article 75, the Prime Minister is appointed by the President. However,
this does not mean the President can choose any person as Prime Minister.
  In line with the conventions of a parliamentary government system, the President
typically appoints the leader of the majority party in the Lok Sabha as Prime
Minister.
 When no party holds a clear majority in the Lok Sabha, the President may use their
discretion in selecting and appointing the Prime Minister.
 In such cases, the President usually chooses the leader of the largest party or coalition
in the Lok Sabha as Prime Minister and requests that they obtain a vote of confidence
from the House within a month.

Oath, Term, and Salary

 Oath: Before assuming the office of the Prime Minister, the President administers
oaths of office and secrecy to the Prime Minister-Elect. As part of the oath of office,
the Prime Minister takes an oath
o to bear true faith and allegiance to the Constitution of India,
o to uphold the sovereignty and integrity of India,
o to faithfully and conscientiously discharge the duties of his office, and
o to do right to all manner of people in accordance with the Constitution and the
law, without fear or favour, affection or ill will.
 Term: The duration of the Prime Minister's term is not fixed, and they hold the
position at the pleasure of the President. However, this does not mean the President
can remove the Prime Minister at anytime.
o As long as the Prime Minister maintains majority support in the Lok Sabha,
He/She cannot be dismissed by the President. But, if he/she loses the
confidence of the Lok Sabha, he/she must resign, or the President may dismiss
him/her.
 Salary: The Prime Minister's salary and benefits are periodically set by
the Parliament and include the compensation and perks given to a member of
Parliament, as well as additional perks such as a sumptuary allowance, free housing,
travel allowances, and access to medical facilities.
What are the powers of the Prime Minister of India?

The powers of the Prime Minister of India can be broadly categorized into the following:

 Executive powers: The Prime Minister is the head of the Union Council of Ministers
and is responsible for the administration of the government. He presides over cabinet
meetings and coordinates the activities of the various ministries and departments.
 Legislative powers: The Prime Minister is a member of the Lok Sabha or the Rajya
Sabha and can participate in the proceedings of either house. He advises the President
on the summoning and prorogation of the parliament sessions and dissolution of Lok
Sabha.
 Diplomatic powers: The Prime Minister represents India in the international arena
and conducts negotiations with foreign countries. He also receives foreign diplomats
and dignitaries on behalf of the President.
 Emergency powers: In times of national emergency, the Prime Minister advises the
President on the measures to be taken to protect the security of India.
 Appointment powers: The Prime Minister (and the Council of Ministers) advises the
President with respect to the appointments to the higher judiciary and key
administrative posts such as the Governors, the Chief Election Commission, CAG and
the Attorney General OF India.
 Financial powers: The Prime Minister is responsible for the overall economic and
financial management of the country. His/her government presents the annual budget
to the parliament and ensures it is passed.

What are the functions and responsibilities of the Prime Minister of India?

The Prime Minister is the head of the Union Council of Ministers, the head of the
Government of India, and is responsible for the administration of the government. He
presides over cabinet meetings and coordinates the activities of the various ministries and
departments.

Relating to the Council of Ministers(CoM)

As head of the Union council of ministers, the Prime Minister holds the functions and
responsibilities:
  Recommending individuals for appointment as ministers by the President, who
can only appoint those recommended by the Prime Minister.
 Assigning and reassigning portfolios among ministers.
 Asking for a minister's resignation or advising the President to dismiss them in case
of conflicting opinions.
 Presiding over meetings of the council of ministers and influencing its decisions.
 Guide, direct, control, and coordinate the activities of all ministers.
 Bringing about the collapse of the council of ministers by resigning from office.

Relating to the President

The Prime Minister serves as the primary means of communication between the President
and the council of ministers.

 It is the Prime Minister's responsibility to inform the President of all decisions made
by the council of ministers regarding the administration of Union affairs and
legislative proposals.
 The Prime Minister provides guidance to the President in regard to the
appointment of key officials such as the Attorney general of India, the Comptroller
and Auditor General of India, the chairman and members of the Union Public Service
Commission (UPSC, Election Commissioners, the chairman and members of
the Finance Comission, among others.

Relating to the Parliament

As the leader of the Lok Sabha, the Prime Minister holds the following functions and
responsibilities:

 Advising the President on summoning and prorogation of the sessions of Parliament.

 Recommending the dissolution of the Lok Sabha to the President at any time.
 Announcing government policies in the House.

Other functions and responsibilities

In addition to the three primary roles given above, the Prime Minister also has several other
functions and responsibilities, including
  Chairman of the various bodies like- Niti Ayog (which succeeded the planning
commission), National Integration Council, Inter-State Council, National Water
Resources Council, and other related bodies.
 Shaping the country's foreign policy.
 Chief spokesperson for the Union government.
 Chief crisis manager at the political level during emergencies.
 Meeting various groups of people in different states and receiving a memorandum
from them regarding their issues as a leader of the nation.
 Leader of the party in power.
 Political head of the services.

What is the function of the PMO(Prime Minister’s Office)?

In India, the Prime Minister's Office (PMO) is the administrative body that assists the Prime
Minister in managing the Government of India and exercising his/her constitutional,
executive, and administrative functions.

 PMO is responsible for coordinating the functioning of various departments and

ministries of the Government of India and advising the Prime Minister on a wide
range of policy and administrative matters.
 The PMO is headed by the Principal Secretary to the Prime Minister and comprises
several other senior officials who assist the Prime Minister in his/her duties.
 Some departments and bodies working under the purview of the PMO
o Department of Atomic energy (DAE)
o National Security Council (NSC)

Parliament

Introduction
The Indian Parliament is the highest legislative authority in the country at the national level.
Part V of the Indian Constitution, specifically Articles 79 to 122, outlines the organization,
composition, duration, officers, procedures, powers, and privileges of the Parliament.

Under the Indian Constitution, the Parliament of India comprises three components: the
President, the Council of States (Rajya Sabha), and the House of the People (Lok Sabha).

The Role of the President in Parliament

The President of India is an integral part of the Parliament, despite not being a member of
either house, because:

1. A bill passed by both houses of Parliament cannot become law without the President's
assent.
2. The President has the authority to summon or prorogue the two houses of Parliament
and can address them.
3. The President addresses Parliament at the beginning of the first session after each
general election and the first session of each year.
4. The President can issue ordinances when Parliament is not in session.

Bicameral Legislature in India

The significance of a bicameral legislature in India lies in its ability to handle the complex
issues of governance and to respond adequately to the country's tremendous diversity. The
Indian bicameral system divides the Parliament into two houses: the Council of States (Rajya
Sabha) and the House of the People (Lok Sabha).

Composition

Lok Sabha

 Article 81: Total membership to be not more than 550 (530 + 20)
 530 to be chosen by direct election from territorial constituencies in the States
 20 to be chosen in such manner as Parliament may by law provide for the
representation of Union territories.
  Note: 104th Constitutional Amendment Act removed the reservation of 2 seats for the
Anglo-Indian community in the Lok Sabha.

Duration and Dissolution

 Article 83(2): The Lok Sabha shall continue for five years from the date appointed for
its first meeting.
 However, when a national emergency is in operation, the period can be extended by
Parliament for one year at a time for any length of time and not extending in any case
beyond a period of six months after the proclamation has ceased to operate.
 The President, on the advice of the Prime Minister, may dissolve it before the expiry
of five years.

Qualification

 Article 84: A citizen of India. Should be not less than 25 years of age.
 Representation of People Act, 1951: He must be registered as a voter in any
constituency in India.
 Must belong to the Scheduled Caste or Scheduled Tribe to contest a reserved seat..

Article 102(1): A person can be disqualified for

 Holding any office of profit under the Government of India or any State, other than an
office declared by Parliament by law.
 Unsound mind and stands so declared by a competent court.
 Undischarged insolvent.
 Not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or
is under any acknowledgement of allegiance or adherence to a foreign State.
 Disqualified under any law made by Parliament.

Article 102(2):

 A person shall be disqualified for being a member of either House of Parliament if he

is so disqualified under the Tenth Schedule.
Disqualification (Representation of People’s Act, 1951):

 Found guilty of certain election offences or corrupt practices.

 A person who has been convicted of an offence resulting in imprisonment for two or
more years. However, detention under a preventive detention law is not a
disqualification.
 Failing to submit an account of election expenses within the required time.
 A person has an interest in government contracts, works or services.
 A director, managing agent or holds the office of profit in a corporation in which the
government owns at least 25 per cent share.
 A person has been dismissed from government service for corruption or disloyalty to
the State.
 Convicted for promoting enmity between different groups or the offence of bribery.
 Preaching or practising social crimes such as untouchability, dowry and sati can result
in disqualification.
 Question of Disqualification: According to Article 103,
o If any question arises as to whether a member has become subject to
disqualifications, the question shall be referred for the decision of the
President, and his decision shall be final.
o The President shall obtain the opinion of the Election Commission and shall
act according to such opinion.

Disqualification for defection

Under the Anti-defection Act, 1985, a person can be disqualified if the person:

 Voluntarily gives up membership of such a political party.

 Votes or abstains from voting in such houses contrary to any direction issued by such
a political party.

 An independently elected member joins any political party.

 A nominated member of a house joins any political party after the expiry of six
months from the date on which he takes his seat.
  Question of disqualification: shall be decided by the Chairman in the case of Rajya
Sabha and the Speaker in the case of Lok sabha.

Presiding officer

 Article 93: Lok sabha shall choose the Speaker and Deputy Speaker.

 If the office of Speaker or Deputy Speaker becomes vacant, the House shall choose
another member for the same.

 Speaker: The presiding officer of Lok Sabha is the Speaker. He remains in office
even after Lok Sabha is dissolved till the next House elects a new Speaker.

 Deputy speaker: In the absence of the speaker, a Deputy Speaker presides over the
meetings.

 Article 94: The Speaker and the Deputy Speaker can be removed from office by a
resolution of Lok Sabha passed by a majority of all the then members of the House.

 Panel of chairpersons of Lok sabha: Under the Rules of Lok sabha, A panel of up to
ten chairpersons is appointed by the Speaker from among the members. If the Speaker
or the Deputy Speaker is absent, any of these chairpersons can preside over the House
and have the same powers as the Speaker when so presiding.

o He holds office until a new panel of chairpersons is nominated. In the absence

of a member of the panel, the House can select another person to act as the
Speaker.

o When the office of Speaker or Deputy Speaker is vacant, a member of the

panel of chairpersons cannot preside.

Rajya Sabha

Composition

 The Rajya Sabha can hold a maximum of 250 members, of whom 238 are to be
representatives of states and union territories elected indirectly, and 12 are nominated
by the President.
  The Constitution's Fourth Schedule addresses how the states and union territories are
assigned seats in the Rajya Sabha.

Duration

 Article 83(1): The Rajya Sabha shall not be subject to dissolution, but one-third of the
members shall retire on the expiration of every second year.

 Representation of the People Act (1951): The term of office of a member of the Rajya
Sabha shall be six years.

Qualification

Article 84:

 A citizen of India.

 Should not be less than 30 years of age.

Representation of People Act 1951:

 Any person who has registered as an electoral for a parliamentary constituency.

Oaths and Affirmations for Members of Indian Parliament

 Every member of either House of Parliament, before taking his seat in the House, has
to make and subscribe to an oath or affirmation before the President or some person
appointed by him for this purpose.

 Without subscribing to the oath, members cannot vote and participate in the
proceedings of the House and do not become eligible for parliamentary privileges and
immunities.

Salaries, Allowances, and Pension Provisions for Members of Indian Parliament

 Members of either House of Parliament are entitled to receive such salaries and
allowances as may be determined by Parliament.

 There is no provision of pension in the Constitution. However, Parliament has

provided pensions to the members since 1976.
  Salaries of Speaker, Deputy Speaker of Lok Sabha and Chairperson, Deputy
chairperson of Rajya Sabha are determined by parliament, however they are charged
on consolidated fund of India.

Leadership Roles and Responsibilities in the Indian Parliament

Role and Significance of the Leader of the House in the Indian Parliament

 The leader of the house in either House is an important functionary and exercises
direct influence on the conduct of business.

 He can also nominate a deputy leader of the House.

 Offices of the leader of the House not mentioned in the Constitution of India, they are
mentioned in the Rules of the House.

 Under the Rules of Lok Sabha, the ‘Leader of the House’ means the prime minister,
if he is a member of the Lok Sabha, or a minister who is a member of the Lok Sabha
and is nominated by the prime minister to function as the Leader of the House.

 He acts as spokesperson of the house.

 He maintains coordination between all sections to facilitate harmonious debate.

 He is consulted by presiding officer w. r.t arrangements of government business.

 In the Rajya Sabha, there is also a “Leader of the House”.

 He is a minister and a member of the Rajya Sabha and is nominated by the prime
minister to function as such.

ignificance of the Leader of the Opposition in the Indian Parliament

 Leader of the Opposition not mentioned in the Constitution of India, but mentioned
in Parliamentary Statute.

 In each House of Parliament, there is the “Leader of the Opposition” (LoP).

 Criteria: The leader of the largest Opposition party having not less than one-tenth
seats of the total strength of the House is recognised as the leader of the Opposition in
that House.

Parliamentary Sessions in India

Summoning and Sessions

 Article 85 of the Constitution: The President from time to time summons each
House of Parliament to meet.

 Parliament should meet at least twice a year. Maximum gap between two sessions of
Parliament cannot be more than six months.

 There are usually three sessions in a year –

o Budget Session (February to May) – longest of all sessions

o Monsoon Session (July to September)

o Winter Session (November to December)

 Session of Parliament: The Period spanning between the first sitting of a House and
its prorogation or dissolution in the case of the Lok Sabha.

 Recess of Parliament: The Period spanning between the prorogation of a House and
its reassembly in a new session.

Adjournment Procedures in the Indian Parliament

 An adjournment suspends the work in a sitting for a specified time, which may be
hours, days or weeks.

 Presiding officer of the House has the power of adjournment of the house.

 Each meeting of a day consists of two sittings – morning sitting and post-lunch
sitting.

 A sitting of Parliament can be terminated by adjournment or adjournment sine

die or prorogation or dissolution (in the case of the Lok Sabha).

Adjournment Sine Die in the Indian Parliament

 When the House is adjourned without naming a day for reassembly, it is called
adjournment sine die (terminating a sitting for an indefinite period).

 Presiding officer of the House has the power of adjournment sine die.

 He can also call a sitting of the House before the date or time to which it has been
adjourned or at any time after the House has been adjourned sine die.
Dissolution in the Indian Parliament: Implications and Procedures

 Rajya Sabha is a permanent House and is not subject to dissolution.

 Only the Lok Sabha is subject to dissolution.

 Dissolution (Unlike a prorogation) ends the very life of the existing House, and a new
House is constituted after general elections are held.

 The dissolution of the Lok Sabha may take place in either of two ways

o Automatic dissolution on the expiry of its tenure of five years

o If the President decides to dissolve the House

 The dissolution of the Lok Sabha is irrevocable.

 On dissolution of Lok Sabha, all business, including bills, motions, resolutions,

notices, petitions and so on pending before it or its committees lapse.

 However, some pending bills and all pending assurances that are to be examined by
the Committee on Government Assurances do not lapse on the dissolution of the Lok
Sabha.

Quorum in the Indian Parliament

 Quorum is the minimum number of members required to be present in the House

before it can transact any business.

 It is one- tenth of the total number of members in each House including the presiding
officer.

 Quorum for Lok Sabha at least 55 members (Total strength – 550)

 Quorum for Rajya Sabha at least 25 members (Total strength – 250)

 Presiding officer either adjourns the House or to suspend the meeting until there is no
quorum during a meeting of the House.

Lame Duck Session: Transition Period in the Indian Parliament

 It is the last session of the existing Lok Sabha, after a new Lok Sabha has been
elected.
  Those members of the existing Lok Sabha who could not get re-elected to the new
Lok Sabha are called lame-ducks.

Question Hour in the Indian Parliament

 The first hour of every parliamentary sitting (Both houses)is slotted for question hour.

 For the questions that Members of Parliament raise about any aspect of administrative
activity;

o The concerned Minister is obliged to answer to the Parliament, either orally or

in writing, depending on the type of question raised.

 It was initially given by Indian Council Act 1892.

 During this time, the members ask questions and the ministers usually give answers.

 Question hour may not held on –

o Budget presentation day

o During proceedings of the Joint sitting

o During sittings held on holidays

o When parliament sit for an extended period

o During the presidential address.

 Presiding officer can decline to accept question on following grounds –

o If it trespasses the rules of the houses.

o If it amounts to abuse the right to question.

o If it asked to obstruct the proceedings of the house

Zero Hour in the Indian Parliament: Origin, Procedure, and Purpose

 The zero hour (Unlike the question hour) is not mentioned in the Rules of Procedure.

 It is an Indian innovation (since 1962) in the field of parliamentary procedures.

 The time gap between the question hour and the agenda is known as zero hour.

 Zero hour has an element of surprise.

  Thus it is an informal device available to the members of the Parliament to raise
matters without any prior notice.

 The zero hour starts immediately after the question hour and lasts until the agenda for
the day is taken up.

Substantive Motion in the Indian Parliament for Addressing Major Matters

It is a self-contained independent proposal dealing with a very important matter like

impeachment of the President or removal of Chief Election Commissioner.

Subsidiary Motion in the Indian Parliament in Relation to Original Motions

It is a motion that, by itself, has no meaning and cannot state the decision of the House
without reference to the original motion or proceedings of the House.

 Substitute Motion in the Indian Parliament as an Alternative to Original Motions

o It is a motion that is moved in substitution of an original motion and proposes

an alternative to it.

o If adopted by the House, it supersedes the original motion.

No-Confidence Motion in the Indian Parliament

 Article 75– The council of ministers shall be collectively responsible to the Lok
Sabha. This principle is the bedrock of parliamentary democracy.

 It means that the ministry stays in office so long as it enjoys the confidence of the
majority of the members of the Lok Sabha.

 The Lok Sabha can remove the ministry from office by passing a no- confidence
motion.

 Can be raised only once in a session. (Maximum thrice a year)

 Motion is explicitly mentioned in Rules 198 of Lok Sabha.

 No grounds required to introduce this motion.

 It is always moved against the entire CoM, not against individual ministers.

 The motion needs the support of 50 members to be admitted.

Confidence Motion in the Indian Parliament: Procedure, Implications, and Government
Stability

 The motion of confidence has come up as a new procedural device to cope with the
emerging situations of fractured mandates resulting in hung parliament, minority
governments and coalition governments.

 The governments formed with wafer-thin majority have been called upon by
the President to prove their majority on the floor of the House.

 The government of the day, sometimes, on its own, seeks to prove its majority by
moving a motion of confidence and winning the confidence of the House.

 If the confidence motion is negative, it results in the fall of the government.

Motion of Thanks in the Indian Parliament

 The first session after each general election and the first session of every fiscal
year is addressed by the president.

 In this address, the president outlines the policies and programmes of the government
in the preceding year and ensuing year.

 This address of the president is discussed in both the Houses of Parliament on a

motion called the ‘Motion of Thanks’.

 At the end of the discussion, the motion is put to vote. This motion must be passed in
the House.

 Not passing the motion amounts to the defeat of the government.

 This inaugural speech of the president is an occasion available to the members of

Parliament to raise discussions and debates to examine and criticise the government
and administration for its lapses and failures.

Joint Sessions in the Indian Parliament (Art. 108)

 Under 108, the Constitution provided an extraordinary machinery of Joint sitting to

resolve a deadlock between the two Houses over the passage of a bill.

 Potential situations of deadlocks – after a bill has been passed by one House and
transmitted to the other House –
 o If the bill is rejected by the other House

o If the Houses have finally disagreed as to the amendments to be made in the

bill

o If more than six months have elapsed from the date of the receipt of the bill by
the other House without the bill being passed by it.

 In the above situations, the president has power to summon both the Houses to meet
in a joint sitting for the purpose of deliberating and voting on the bill.

 In reckoning the period of six months, no account can be taken of any period during
which the other House (to which the bill has been sent) is prorogued or adjourned
for more than four consecutive days.

 Provision of joint sitting is applicable to ordinary bills or financial bills only

 If the dispute bill has already lapsed due to the dissolution of the Lok Sabha, no joint
sitting can be summoned, except the President has notified his intention to summon
such a sitting(as the bill does not lapse in this case).

 After the President notifies to summon a joint sitting of the two Houses, none of the
Houses can proceed further with the bill.

Presiding Officer for Joint Sittings in the Indian Parliament

 Speaker of Lok Sabha presides over a joint sitting of the two Houses and the Deputy
Speaker, in his absence.

 If the Deputy Speaker is also absent from a joint sitting, the Deputy Chairman of
Rajya Sabha

 If he is also absent, such other person as may be determined by the members present
at the joint sitting, presides over the meeting.

 Quorum for Joint Sitting– one-tenth of the total number of members of the two
Houses.

The joint sitting is governed by the Rules of Procedure of Lok Sabha and not of Rajya
Sabha.
Majority required in joint sitting – Majority of the total number of members of both the
Houses present and voting in the joint sitting (Simple majority).

Most of the time, the Lok Sabha with greater numbers wins the battle in a joint sitting.

Those amendments that have caused final disagreement between the Houses.

Those amendments that might have become necessary due to the delay in the passage of the
bill.

Supreme Court

The Supreme Court of India, as the apex court, is the final interpreter of the Constitution and
the laws. It is also regarded as the guardian and protector of the people's Fundamental Rights,
acting as a sentinel to ensure these rights are upheld. Additionally, the Supreme Court
balances the exercise of rights with the necessary legal controls.

Constitution of the Supreme Court [Article 124 (1)]

The Constitution mandates the establishment of the Supreme Court of India, consisting of a
Chief Justice of India and up to seven other judges, unless Parliament decides to increase this
number by law. Initially, the Supreme Court comprised a Chief Justice and up to seven other
judges. However, Parliament has the authority to increase this number, which it exercised
through the Supreme Court (Number of Judges) Act, 1956.

Appointment of Judges [Article 124 (2)]

Supreme Court judges are appointed by the President of India, based on a warrant under the
President's hand and seal. The appointment process involves consultation with Supreme
Court and High Court judges deemed necessary by the President. Judges hold office until
they reach the age of 65.

Evolution of the Collegium System

1. First Judges Case (S.P. Gupta Case): The Supreme Court determined that the term
"consultation" in Article 124 did not equate to "concurrence," meaning the President
was not obliged to follow the recommendations of the Supreme Court. Additionally,
the Court ruled that a High Court judge could be transferred to another High Court
without their consent.
 2. Second Judges Case: The Court revised its stance, interpreting "consultation" as
"concurrence," thus requiring the President to adhere to the Chief Justice of India's
recommendations. This led to the formation of the Collegium System.

3. Third Judges Case (1998): A Presidential reference led the Supreme Court to expand
the consultation process to include a collegium of the four senior-most judges of the
Supreme Court, alongside the Chief Justice. A decision required the concurrence of at
least two judges; otherwise, the Chief Justice would not recommend it to the
government.

The Collegium System, also known as "Judges-selecting-Judges," governs the appointment

and transfer of judges. This system evolved through Supreme Court judgments rather than
legislative action or constitutional amendments.

Criticism of the Collegium System

The Collegium System has faced criticism for its lack of transparency, accountability,
diversity, and potential for corruption. The 99th Constitutional Amendment sought to replace
the Collegium System with the National Judicial Appointments Commission (NJAC), which
would include the Chief Justice of India, two Supreme Court judges, the Union Law Minister,
and two eminent persons selected by a committee comprising the Prime Minister, the Chief
Justice, and the Leader of the Opposition in the Lok Sabha. However, the Supreme Court
struck down the NJAC in 2015 in the Fourth Judges Case, while acknowledging the need to
reform the Collegium System.

Memorandum of Procedure (MoP)

The MoP, developed based on the First, Second, and Third Judges Cases, outlines the process
for appointing judges. In 2016, the MoP was renegotiated after the NJAC was struck down.
The process begins with the High Court Collegium recommending appointments to the
central government, which then seeks input from state governments and the Intelligence
Bureau (IB). These recommendations are forwarded to the Supreme Court Collegium. If
approved, the central government can either notify the appointments or return them with
objections. The Supreme Court Collegium can seek additional inputs and either confirm or
reconsider the recommendations. If the Collegium reiterates its decision, the government is
obliged to notify the appointments. However, the MoP does not specify a timeline for these
actions.
Measures to Improve Transparency in Appointments

To enhance the transparency and accountability of the Collegium System, it has been
suggested to make public the reasons for selecting judges and consider public opinion in the
selection process. Another proposal is to establish an independent body, such as a Judicial
Appointments Commission, to oversee appointments and transfers, ensuring decisions are
merit-based and free from political influence. Additionally, a more participatory process
involving legal experts, civil society organizations, and the public could be introduced to
broaden the consultation process.

Appointment of the Chief Justice of India

In the case of SC Advocate on Record Association vs. Union of India, it was established that
the Chief Justice of India (CJI) should be appointed based on seniority. Article 124(2) allows
the President to consult other judges if there are doubts about the fitness of the senior-most
judges.

5+1 Collegium System

Typically, the four senior-most judges in the Collegium include potential candidates for the
role of CJI. This ensures continuity in decision-making. If the successor CJI is not among
these four judges, they must be included in the Collegium, as the judges appointed will serve
during their term. This situation occurred during Justice Chandrachud's tenure as CJI, where
Justice Khanna was included as the sixth member of the Collegium, similar to the 2007
situation with CJI KG Balakrishnan and Justice SH Kapadia.

Qualifications for Appointment as a Judge [Article 124 (3)]

To qualify as a Supreme Court judge, a person must be:

1. A citizen of India.

2. Either a judge of a High Court or multiple High Courts for at least 5 years, an
advocate in High Court(s) for at least 10 years, or a distinguished jurist in the opinion
of the President.

Article 124(6) requires judges to take an oath before the President or an appointed person
before assuming office.

Tenure of Office [Article 124(2)]

Supreme Court judges hold office until the age of 65. They may resign by writing to the
President. Article 124(2A) specifies that a judge's age will be determined by an authority and
method prescribed by Parliament.

Removal of Judges [Article 124(4) & (5)]

Judges can be removed by the President for proven misbehavior or incapacity, following a
procedure outlined by Parliament, including a motion passed by both Houses of Parliament
with a two-thirds majority. The Judges (Inquiry) Act, 1968, and the Judges (Inquiry) Rules,
1969, govern this process. An impeachment motion requires a notice signed by at least 100
Lok Sabha members or 50 Rajya Sabha members. Upon admission, a committee investigates
the charges, and if proven, both Houses of Parliament must pass the removal motion.

In the case of K. Veeraswami v. Union of India, the Supreme Court affirmed that judges could
be prosecuted for criminal misconduct, with such conduct considered "misbehavior" under
Article 124(5). No external agency may investigate a judge's conduct except as provided by
law.

Salaries and Allowances [Article 125]

Article 125(1) empowers Parliament to determine the salaries of Supreme Court judges, with
conditions outlined in the High Court and Supreme Court Judges (Conditions of Service
Amendment Act). Judges are entitled to privileges, allowances, and rights regarding leave
and pension, as determined by Parliament.

Seat of the Supreme Court [Article 130]

The Constitution designates Delhi as the seat of the Supreme Court but allows the Chief
Justice of India, with the President's approval, to appoint other seats. This provision is
optional and not enforceable by any court.

National Court of Appeal (NCA) Proposal

The idea of an NCA, with regional benches, aims to ease the burden on the Supreme Court by
handling appeals from High Courts and tribunals in civil, criminal, labor, and tax matters.
This would allow the Supreme Court to focus on constitutional and public law issues.
However, concerns include potential dilution of the Supreme Court's authority and increased
government expenditure. The proposal, requiring constitutional amendments, has been
debated but not implemented.

Acting Chief Justice [Article 126]

In the absence of the Chief Justice of India, another Supreme Court judge may be appointed
by the President to perform the duties of the office.

Adhoc Judges [Article 127]

When the Supreme Court lacks quorum, the CJI may appoint a High Court judge to serve
temporarily on the Supreme Court, with the President's prior permission and consultation
with the concerned High Court's Chief Justice.

Retired Judges [Article 128]

The CJI can request a retired judge from the Supreme Court or a High Court to serve
temporarily in the Supreme Court, with the President's approval and the retired judge's
consent. The appointed judge receives a salary and allowances determined by the President.

Jurisdiction of the Supreme Court

The Supreme Court of India has three main types of jurisdiction: original, appellate, and
advisory.

Original Jurisdiction

The Supreme Court has exclusive jurisdiction in certain cases, meaning these cases can only
be initiated in the Supreme Court:

 Disputes between the Government of India and one or more States.

 Disputes between different States.

 Disputes involving the interpretation of the Constitution.

Exceptions to this jurisdiction include:

 Disputes arising from pre-Constitution treaties or agreements.

 Inter-state water disputes.

 Matters referred to the Finance Commission.

 Ordinary commercial disputes between the Centre and States.

Writ Jurisdiction

The Supreme Court has the authority to issue writs, including habeas corpus, mandamus,
prohibition, quo warranto, and certiorari, primarily to enforce fundamental rights. This
jurisdiction allows citizens to approach the Supreme Court directly, although High Courts
also share this power. The Supreme Court's writ jurisdiction is more limited than that of High
Courts, as it pertains only to fundamental rights violations.

Appellate Jurisdiction

The Supreme Court hears appeals against the judgments of lower courts in civil, criminal, and
constitutional cases.

Civil Cases: The Supreme Court hears appeals in civil cases involving significant legal or
constitutional questions.

Criminal Cases: Appeals can be made in certain situations, such as when a High Court
reverses an acquittal and imposes a death sentence, or when a case involving the death
penalty is transferred from a lower court.

Constitutional Cases: Appeals involving substantial constitutional questions can be brought

to the Supreme Court with a High Court's certification. If certification is denied, the Supreme
Court can still grant special leave to appeal.

Special Leave to Appeal: The Supreme Court can, at its discretion, grant special leave to
appeal from any judgment by any court or tribunal, except military tribunals.

Advisory Jurisdiction

Under Article 143, the President of India can seek the Supreme Court's opinion on matters of
public importance or disputes arising from pre-Constitution agreements. While the Supreme
Court may refuse to provide an opinion on public importance questions, it must offer advice
on treaty-related disputes. The President is not obligated to act on the Court's advice.

Other Powers and Functions

Court of Record

The Supreme Court's judgments and proceedings are recorded for perpetual memory. The
Court also has the authority to punish for contempt, ensuring respect for its orders and
maintaining judicial authority.
Contempt of Court

The Supreme Court and High Courts have the power to punish for contempt, which can be
civil (disobedience of court orders) or criminal (acts that undermine the court's authority or
interfere with judicial proceedings). This power is essential for enforcing court orders and
upholding the judiciary's independence.

Judicial Review

Judicial review allows the judiciary to evaluate the constitutionality of legislative and
executive actions. This power is derived from the Constitution and is considered a
fundamental aspect of India's legal system. Judicial review ensures that laws and actions
comply with constitutional principles, protecting fundamental rights and maintaining the
balance of power among the government branches.

Judicial Activism

Judicial activism involves judges interpreting the law in ways that reflect their views on
public policy. While it can uphold constitutional values and protect rights, it can also lead to
concerns about overreach, as the judiciary is not an elected body and may lack the expertise
to make policy decisions.

The judiciary must exercise judicial activism cautiously, respecting the separation of powers
and ensuring that legislation and executive actions align with constitutional mandates.

UNIT-IV State Government and High Court

Structure of State Government

tate governments in India are organized into three main branches: the Executive, Legislative,
and Judicial branches, each with distinct functions and responsibilities.

Executive Branch

The Executive branch of a state government includes the Governor, the Chief Minister, and
the Council of Ministers. The Governor acts as the ceremonial head of the state. The Chief
Minister, who is the head of the elected government, leads the administration and decision-
making process, supported by the Council of Ministers.

Legislative Branch
The Legislative branch is responsible for law-making and consists of the State Legislature.
The State Legislature can be unicameral or bicameral, depending on the state.

 Legislative Assembly (Vidhan Sabha): This is the lower house in the state
legislature and its members are called Members of the Legislative Assembly (MLAs).
MLAs are elected by the people from various constituencies within the state.

 Legislative Council (Vidhan Parishad): This is the upper house in states that have a
bicameral legislature. Members of the Legislative Council (MLCs) are either elected
or nominated and serve to provide additional scrutiny and expertise on legislative
matters.

Judicial Branch

The Judicial branch in a state is primarily headed by the High Court, which oversees the
administration of justice. The High Court ensures that laws enacted by the Legislative
Assembly are interpreted correctly and applied consistently. The state's judiciary includes
both the High Court and subordinate courts, which handle various legal matters and resolve
disputes within the state.

Governor

According to Article 153 of the Indian Constitution, each state shall have a Governor. In
India's parliamentary system, the Governor acts as the constitutional head of a state, similar
to the President's role at the national level. The Governor is assisted by a council of ministers,
headed by the Chief Minister.

While the Governor is the nominal chief executive of the state, the position is largely
ceremonial. The actual executive powers and decision-making authority rest with the Chief
Minister and the Council of Ministers.

Appointment of Governors in States

Unlike the President of India, the Governor is not elected but appointed. According to Article
155 of the Indian Constitution, the Governor is appointed by the President of India by warrant
under his hand and seal. This means that the Governor is essentially a nominee of the Central
Government.

This system is similar to the Canadian model, where the Governor-General appoints
provincial Governors. However, the Supreme Court of India, in a 1979 ruling, clarified that
the office of the Governor is not an employment under the Government of India; it is an
independent constitutional position and not subordinate to the Union government.

Additionally, the 7th Constitutional Amendment of 1956 allows for the appointment of the
same Governor to multiple states.

Qualification and the Conditions for the Post of Governor

The Constitution has prescribed only two qualifications for the post of Governor [Art 157]:

1. S/he should be a citizen of India;

2. S/he should have completed the age of 35 years.

Further, the Constitution mentions the following conditions

 S/he should not be a member of either the Parliament or any of the state legislatures.
If an MP or MLA is appointed as the Governor, s/he is deemed to have vacated the
seats on the date on which s/he enters the office.

 S/he should not hold an office of profit.

Additionally, there have been a few conventions with respect to the appointment of a
Governor:

1. The Governor should not belong to the state where they are being appointed. This
practice is followed so that the Governor is not involved in the state’s local politics.

2. The President should consult with the chief minister of the concerned state.

However, both of these conventions above have been violated several times.

Oath and Affirmation of Governor of States

The Governor must subscribe to an oath or affirmation before entering office. The Chief
Justice of the concerned state High Court, or, in their absence, the senior-most judge of
that High Court, administers the oath to the Governor.

Further, the Constitution mentions the following conditions [A.158]

 S/he should not be a member of either the Parliament or any of the state legislatures.
If an MP or MLA is appointed as the Governor, s/he is deemed to have vacated the
seats on the date on which s/he enters the office.
  S/he should not hold an office of profit.

Additionally, there have been a few conventions with respect to the appointment of a
Governor:

1. The Governor should not belong to the state where they are being appointed. This
practice is followed so that the Governor is not involved in the state’s local politics.

2. The President should consult with the chief minister of the concerned state.

However, both of these conventions above have been violated several times.

Emoluments and Entitlements enjoyed by the Governor

 The Governor’s emoluments, allowances and privileges are determined by the

Parliament. In 2018, the salary of the Governor was increased to ₹3.5 lakhs per
month.

 Their salary and allowances cannot be diminished during their term.

 The remunerations of the Governor are ‘charged on’ the consolidated fund of India.

 When the same governor is appointed for two or more states, the remunerations
payable to the governor are shared by the states in a manner determined by the
president.

 S/he is entitled to rent-free accommodation in their official residence, i.e. Raj

Bhawan.

Privileges and Immunities

 Like the President, the Governor also enjoys legal immunity from their official acts.

 S/he is immune from criminal proceedings even for his personal acts and cannot be
arrested or imprisoned during the term of office;

 Civil proceedings can be initiated against them for their personal acts after giving
two months’ notice.

Term of the Governor of States

  The Constitution, under A.156, provides that the Governor shall hold the office at the
pleasure of the President; it also provides that the Governor would hold the office for
a term of 5 years.

 It also mentions that the Governor would continue to hold the office after the expiry
of their term until their successor assumes the office.

 The Governor is eligible for re-appointment for any number of times.

 The President can also transfer the Governor from one state to another.

 The Governor can resign at any time by writing a resignation letter to the President.

Removal of the Governor

The Governor holds their office at the pleasure of the President; hence, s/he can be removed
by the President at any time. Since the President acts on the aid and advice of the Council of
Ministers, effectively, the power to remove the Governor lies with the central Government.

The Constitution does not mention any ground for the removal of the Governor and can
be removed at the central Government’s discretion. This ensures that the governor remains
the agent of the centre in the state.

Powers and Functions of a Governor in States

The Constitution of India classifies all powers of the Governor under two heads:

1. Executive Powers described under Part VI, Chapter II (Article 153 to 167)

2. Legislative Powers (Article 213)

The Governor executes all these powers with the aid and advice of the council of
ministers. Article.163 says that “there shall be a Council of Ministers with the Chief Minister
at the head to aid and advise the Governor in the exercise of his functions, except in so far as
he is by or under this Constitution required to exercise his functions or any of them in his
discretion.”

This advice is binding upon the Governor, except where their discretion is required.

Comparison with the President: After the 42nd Constitutional Amendment (1976), the
advice of the Council of Ministers was made binding on the President. However, no such
change was made explicitly in the case of the Governor. Nevertheless, the various Supreme
Court Judgements (such as the Nebam Rebia Case

Executive Powers

Governor, with the advice of the State Council of Ministers (Government), can perform the
following executive functions:

 The Governor appoints the Chief Minister, and on the recommendation of the Chief
Minister, the Governor appoints other ministers.

 Make the rules for more convenient transactions of business of the state
government and for the allocation of said business among the ministers.

 Make rules spelling out the manner in which the Orders and other instruments
executed in his or her name shall be validated.

 Make various appointments:

1. Advocate General of the state who holds his position during the pleasure of
the governor, who also determines their remuneration.

2. Chairman and members of the State Public Service Commission. However,

only the President has the power to remove them.

3. State Election Commissioners: The Governor determines their service

conditions and tenure. However, the State Election Commissioner can only be
removed through a process similar to that of a judge of the High Court.

 Powers related to scheduled areas: S/he is empowered to organise and reorganise

the autonomous districts in the scheduled areas under the 6th schedule of the
Constitution.

 Emergency Powers: S/he can recommend to the President the imposition of state
emergency/President’s rule in the state. S/he also enjoys substantial executive powers
as an agent of the President during state emergencies.

2. Ceremonial powers of Executive Nature:

1. All the executive actions by the state are carried out in the name of the Governor.
 2. The Governor serves as the chancellor of universities in the states and also appoints
the vice-chancellors of the universities in the states.

3. Financial Powers

 Presentation of Annual Budget: The annual financial

statement and supplementary budget are brought in the state legislature in the name
of the Governor; no demand-for-grant can be made without their recommendation.

 Money bills: A money bill Article 110 cannot be introduced in the legislative
assembly without the prior recommendation of the Governor.

 Control over Contingency fund of state: S/he can make advances out of the
contingency fund of India to meet the deal with unforeseen circumstances.

 Constitutes State Finance Commission: S/he constitutes a state finance commission

every 5 years to assess the financial position of the local governments.

4. Judicial Powers

 Role in the appointment of High Court judges: The President, while appointing the
judges of the High Court, consults the Governor of the concerned state.

 Appointment of District Judges: The Governor makes the appointments, postings

and promotions of a district judge in consultation with the state high court.

 Appointments in other judicial services: S/he also appoints judicial officers other
than the district judge in consultation with the state public service commission and
state high court.

 Pardoning Power: Like the President, the Governor is also entitled to grant pardon,
reprieve, respite, remit, or commute the sentence of a person convicted under state
law (You can read the meaning of these terms here). It should be noted that, unlike the
President, the Governor cannot pardon a death sentence, though s/he can commute the
death sentence.

5. Discretionary Powers of the Governor

There are some powers that the Governor exercises as the representative of the centre; these
are called discretionary powers. The Governor’s decision in their discretion is final, and the
validity of their actions cannot be questioned in any court. These powers include:
 1. Recommendation for President’s Rule: In case of a breakdown of constitutional
machinery in the state, the Governor may report the situation to the President for the
imposition of presidential rule under Article 356

2. There may also be circumstances where the Governor reserves a bill for the
President’s consideration.

3. Discretion in cases of payment of royalty from mineral exploration to the autonomous

districts in Assam, Meghalaya, Tripura and Mizoram.

4. Seeking information from the Chief Minister regarding the administrative and
legislative matters of the state.

5. The governor can require the chief minister (CM) to submit for the consideration of
the council of ministers any matter on which a minister has made a decision but which
has not been considered by the council.

6. Situational Discretionary Powers:

 Inviting parties to form Government when no party has a majority;

 Appointing a Chief Minister when the existing Chief Minister dies suddenly
with no obvious successor;

 Dismissal of Council of Ministers when it loses confidence in the legislative

assembly;

 Dissolution of the state legislature if the Council of Ministry cannot prove a

majority;

Is the discretionary power of the Governor wider than the President?

 From the above comparison of powers between the President and Governor, it is clear
that the Governor’s discretionary power is wider than that of the President.

 Further, the 42nd Constitutional Amendment (1976) made the advice of the Council
of Ministers binding on the President. However, no such change was made explicitly
in the case of the Governor.

6. Legislative Powers
The Governor is an integral part of the state legislature, along with the state legislative
assembly (state legislative council, wherever it exists) [Article 168].

Ordinance-making power of the Governor: The Constitution explicitly mentions only one
legislative power under the chapter “Legislative power of the Governor.” The Governor has
the authority to issue ordinances when the state legislature is not in session. You can read in
detail about the ordinance-making power of the Governor here.

However, The State government enjoys various other powers of a Legislative nature on
behalf of the Governor.

 Convenes assembly: The Governor summons and prorogues the state assembly and
can also dissolve the state legislative assembly.

 Appointments and nominations: On the advice of the Government, the Governor

can –

1. Appoint any member of the state legislative assembly to preside over the
proceedings of the House when the office of Speaker and Deputy Speaker (or
chairman in case of legislative council) is vacant;

2. Nominate 1/6th members of the state legislative council (in case of bicameral
legislature). Such members are eminent persons from different walks of life,
such as literature, science, cooperative movement and social service.

3. Earlier, the governor could also nominate a person from the Anglo-Indian
community, but the 104th Constitutional Amendment Act 2019 discontinued
this provision).

 Presents reports to the assembly: The reports of the State Finance Commission,
State Public Service Commission and, Comptroller and Auditor General of India
(relating to accounts of states) are laid before the state legislature in the name of the
Governor.

 Powers regarding scheduled areas: The Governor has the following powers with
respect to territories under the 5th schedule:

1.
 1. The Governor is empowered to direct that a particular law made by the
Parliament or state legislature would not apply to a scheduled area or a part of
it or would apply in a modified form.

2. The Governor is empowered to make laws for good governance and peace in
the scheduled area after consulting with the Tribal advisory council.

Discretionary Legislative Power of the Governor

Governor also enjoys certain legislative powers of a discretionary nature:

 Communicates with Legislature: S/he can send messages to the state legislature
regarding any pending bill in the legislature or otherwise.

 Assents the bills: The Governor’s assent is required for a bill passed by the state
assembly to become a law; in this s/he has the following powers:

1. S/he may give assent to the bill; in that case, the bill becomes law;

2. S/he may withhold the assent, in which case the bill fails to become a law
(Absolute veto);

3. S/he may return the bill, but If the State Legislature passes the bill in its
original shape or in a modified form, the Governor has to give assent to the
bill (Suspensive veto);

4. S/he may reserve the bill for the consideration of the President.

Governor’s Legislative powers of Ceremonial nature:

 Administers oaths and affirmations to members: Every member of the state

legislative assembly and legislative council must subscribe to an oath or affirmation
before the Governor or any other person nominated by them for that purpose.

 Special address in Legislative assembly: S/he addresses the first session of state
legislature (or joint session in case of bicameral legislature) after the general elections
to the state assembly and the first session of each year.
Chief Minister

The Chief Minister is the elected head of the state government and must meet the
following qualifications:

1. Citizenship: Must be a citizen of India.

2. Age: Must be at least 25 years old.

3. Membership in State Legislature: Must be a member of the state legislature.

Appointment of Chief Minister

The process for appointing a Chief Minister is as follows:

1. Appointment by the Governor: Under Article 164 of the Indian Constitution, the
Governor appoints the Chief Minister, who is typically the leader of the majority party
in the state legislative assembly.

2. Discretion in Coalition Situations: In the case of a coalition government, the Governor

may use discretion in appointing a Chief Minister, who must then seek a vote of
confidence within one month.

3. Non-member Appointment: A person who is not a member of the state legislative

assembly can be appointed as Chief Minister, provided they become a member within
six months.

4. Legislature Membership: The Chief Minister can be a member of either house of the
state legislature.

Tenure and Removal

The Chief Minister holds office at the pleasure of the Governor, meaning there is no fixed
term. The Chief Minister can be removed if they lose the support of the majority in the state
legislature.

Salary and Oath of Office

The salary of the Chief Minister is determined by the state legislature. The Governor
administers the oath of office to the Chief Minister.
Term of the Chief Minister

o The Chief Minister’s tenure is not predetermined, and he serves at the governor's
discretion.

o The Governor cannot remove him till he or she has the confidence of the legislature’s
majority.

o He or she can also be dismissed from office if the state legislature Assembly passes a
motion of no confidence in the Chief Minister.

State Council of Ministers

o A Council of Ministers chaired by the Chief Minister shall assist and advise the
Governor in fulfilling his responsibilities unless he is required by or under this
Constitution to exercise all or any of his duties at his discretion.

o The state executive comprises the Governor and the Council of Ministers, which the
Chief Minister leads.

o The President selects the Governor of a State for a five-year term and serves at the
discretion of the President.

o Only Indian nationals above 35 are eligible for appointment to this position.

How are the Council of Ministers appointed?

o The Governor appoints the Chief Minister.

o The governor appoints the other ministries at the suggestion of the chief minister.

o The governor can only select ministers whom the chief minister has proposed.

Power and Functions of Chief Minister

Relation to the Council of Ministers

o The Governor appoints the Council of Ministers only on the chief minister's
recommendation.

o The Chief Minister can ask the Minister to resign or advise the Governor to dismiss
him.
 o The Chief Minister also has the authority to order to reallocate or shuffle the
ministers’ portfolios.

o He can shuffle the existing ministers' portfolios or have the authority to appoint new
ministers under his cabinet.

o The council of ministers automatically dissolves if the chief minister dies or resigns.
This is because the Chief Minister chairs the State Council of Ministers.

Relation to Governor

o The chief minister is the principal communication channel between the Governor and
the Council of Ministers.

o This power is given to the Chief Minister under Article 167 of the Indian Constitution.

o The Chief Minister advises the government on the appointment of different officials at
the state level, including the Chairman and members of the State Public Service
Commission, State Election Commission, Relation to State Legislature

o All the major policy decisions the Cabinet takes under his or her chairmanship are
usually announced on the floor of the state legislature.

o The Chief Minister is also a member of the state legislature.

o The Chief Minister can recommend the state assembly's dissolution to the Governor.

Other Powers and Functions

o The Chief Minister acts as the chairman of the state planning board.

o He is also a member of inter State Council and National Development Council.

o He also represents the state in the Governing Council formed under the authority of
the Niti Ayog.

o Herein, the Honourable Prime Minister of India chaired the Inter-State Council and
the Governing Council of the Niti Ayog.

o He is the chief spokesperson of the state government.

o He is the political head of services.

 o He is also mostly responsible for managing any crisis or emergency that originates or
has the probability of originating in the future in their state.

o The Chief Minister also takes recommendations from the various sections of the
society residing in his state while noting the opinions of the civil society & other
political and economic intellectuals before finalising any policy.

o He or she also adopts a bottoms-up approach during policy formulation and

implementation.

o On a rotatory basis, a Chief Minister of a particular state is also appointed as the vice-
chairman of the respective zonal council for a limited period.

Important Articles Related to Chief Minister

o Article 163– The council of ministers will be headed by the Chief Minister to aid and
advise the Governor.

o Article 164– The CM appointed by the Governor.

o The Council of Ministers shall be collectively responsible to the State

Legislature.

o The Ministers shall hold the office till the pleasure of the Governor.

o Article 167– Deals with the duties of the Chief Minister concerning providing
information to the Governor.

Conclusion

The Chief Minister is referred to be the government’s head since he or she has genuine
executive authority. Along with the Governor and the Advocate-General of State, he is aided
by his council of ministers and state executive members. The Chief Minister is the head of the
government at the state level, similar to the Prime Minister, who is the leader of the
government at the federal level.

High Court

High Courts in India's Judicial System

In the Indian judicial system, High Courts operate below the Supreme Court. Each state has a
High Court, which also oversees a network of subordinate courts. The first High Courts in
India were established in 1862 in Bombay, Calcutta, and Madras.

Constitutional Provisions:

 The Indian Constitution provides for a High Court in each state, but Parliament can
establish a common High Court for two or more states. The jurisdiction of a High
Court matches the state's boundaries. Parliament can also adjust the jurisdiction of a
High Court over a Union Territory.

Organization of a High Court:

 The number of judges in a High Court is determined by the President of India, unlike
the Supreme Court where Parliament decides.

Appointment of Judges:

 Judges of a High Court are appointed by the President of India. The Chief Justice of a
High Court is appointed after consulting the Chief Justice of India (CJI) and the
Governor of the state. In cases involving a common High Court, consultations include
the Governors of all affected states. For other judges, the CJI consults a collegium of
two senior Supreme Court judges before recommending appointments.

Qualification of Judges:

 A High Court judge must be an Indian citizen, have at least ten years of judicial
experience in India, or have been an advocate in a High Court for ten years.

Tenure of Judges:

 High Court judges serve until they turn 62. They can resign by writing to the
President or be removed by the President on Parliament's recommendation. They may
also vacate their position if appointed to the Supreme Court or transferred to another
High Court. The process for removing a judge is similar to the impeachment process
for Supreme Court judges.

Salaries and Allowances:

 The salaries and allowances of High Court judges are determined by Parliament and
cannot be reduced to their disadvantage after appointment, except during a financial
 emergency. Judges' salaries are charged to the state's Consolidated Fund, while
pensions are charged to India's Consolidated Fund.

Transfer of Judges:

 The President can transfer High Court judges after consulting the CJI. Judicial review
of transfers is necessary to prevent arbitrariness. In significant cases, the CJI consults
a collegium of four senior Supreme Court judges and the Chief Justices of the
involved High Courts.

Additional and Acting Judges:

 The President can appoint additional judges for up to two years to handle increased
workload or backlogs. Acting judges can be appointed if a regular judge is
temporarily unavailable. Both types of judges cannot serve beyond the age of 62.

Independence of High Courts:

 Measures to ensure the independence of High Courts include a secure mode of

appointment, tenure security, fixed service conditions, budget allocations from the
Consolidated Fund, and restrictions on post-retirement practice. High Courts have the
authority to punish for contempt and manage their staff. Their jurisdiction cannot be
diminished by Parliament or state legislatures.

Jurisdiction and Powers of High Courts:

 The Constitution does not detail the High Courts' jurisdiction and powers, which
generally include issuing writs, handling revenue matters, admiralty, probate,
matrimonial, and contempt cases, and overseeing election disputes.

Appellate Jurisdiction:

 High Courts hear appeals in both civil and criminal cases, from lower courts such as
Munsif, District, Sessions, and Additional Sessions Judges.

Power of Superintendence:

 High Courts supervise all courts and tribunals (except military courts) within their
jurisdiction, ensuring the administration of justice.

Challenges from Tribunalization:

  The jurisdiction of High Courts has been eroded by the creation of specialized
tribunals for specific disputes. This shift raises concerns about the accessibility,
independence, and cost of justice, as tribunals do not enjoy the same protections as
High Courts.

Way Forward:

 Recommendations include limiting the unnecessary creation of tribunals and filling

vacancies in High Courts to maintain their capacity and effectiveness.

 High courts should be provided certain superintendence role in monitoring the

tribunals in the state

Unit-V

Centre State relations

Union List Subjects:

Some of the important subjects are:

1. Defence

2. Army

3. International Relations

4. Ports

5. Railways

6. Highways

7. Communication

State List Subjects:

1. Public order
 2. Police

3. Public health and sanitation

4. Hospitals and dispensaries

5. Betting and gambling

6. Agriculture

Concurrent List Subjects:

Some of the important subjects are:

1. Education

2. Forest

3. Trade unions

4. Marriage

5. Adoption

6. Succession

Introduction

In the Indian federal setup, the Constitution divides the legislative, executive, and financial
functions between the Centre and the states. The Constitution established an integrated
judicial system to uphold federal and state laws.

The Centre-state relations cut across the following three subject matters

 Legislative relations

 Administrative relations

 Financial relations

The Centre-state relations cut across the following three subject matters

 Legislative relations
  Administrative relations

 Financial relations

 Centre’s control over state legislation

 Parliament can make law for the whole or any part of the territory of India (territory
includes union, state, UT)
 State legislature can make laws for the whole or any part of the state. Laws made by
the state are not applicable outside the state, except when there is sufficient relation
between the state and object
 Parliament can alone make ‘extraterritorial’ legislation

 President can make regulations which has a same effect as that of the law made by
parliament for- Andaman and Nicobar islands, Daman and Diu, Dadra and Nagar
Haveli and Lakshadweep

 Governor is empowered to direct that an act of parliament does not apply to a

scheduled area in the state or apply with specified modifications and exceptions

 Governor of Assam can likewise direct that an ac of Parliament does not apply or
apply with some modification. The same power is vested in President in relation to
Meghalaya, Tripura and Mizoram

Distribution of Legislative subjects

 Constitution provides for three-fold classification- union list, state list and concurrent
list

 Parliament has exclusive powers vis-à-vis the union list

 State legislature in normal circumstances has exclusive powers to make laws with
matters enumerated in the state list

 Both state and centre can make laws on matters enumerated in the concurrent list
 Power to make laws with residuary subject is vested in the Parliament
 Union list has precedence over state list and concurrent list has precedence over state
list
 In case of conflict between central law and state law on a subject enumerated in the
concurrent list, the central law prevails over the state law. However, if the state law
has been reserved for the consideration of the president and has received his assent,
then the state law prevails in the state. Still, parliament can override the state law by
subsequently making a law on that matter
 Note- In USA, only powers concerning the federal government are mentioned in the
constitution and the other powers are left to the states. In Canada, however, two lists
are enumerated- centre and the state and the residuary powers is vested with the centre
 This scheme of enumeration of legislative subjects was borrowed from Government
of India act, 1935, except for the provision which vested the residuary powers in the
governor-general
Parliamentary legislation in state field

 Constitution empowers the Parliament to make laws on any matter enumerated in the
state list under the following five extraordinary circumstances:

 If Rajya Sabha passes a resolution supported by a 2/3rd members present and voting
empowering parliament to make a law on a matter enumerated in the state list.

 When a proclamation of National emergency is in vogue then the Parliament can

legislate on a matter enumerated in state list.

 When states make a request for Parliament by passing a resolution to that effect than
Parliament becomes empowered to legislate on matters enumerated in the resolution.
Once this resolution is passed, the state forfeits every right with regards to that subject
 Parliament can enacts laws on matters enumerated in the state list so as to enforce
international agreements
 Parliament becomes empowered to enact a law on the state matter during the time of
operation of President’s rule. The law made during this time would continue even
 after the expiration of the president’s rule. However, the state can later pass an act to
either modify, or nullify the act as it sees fit

Centre’s control over state legislation

 Constitution has empowered the centre to exercise control over the state’s legislative
matters in the following ways:

 Governor can reserve certain types of bills passed by state legislature for the
consideration of the president. The president enjoys absolute veto over them

 Bills on certain matters enumerated in the state list can be introduced in the state
legislature only with prior recommendation of the President. Ex: Inter-state trade and
commerce

During a financial emergency, president can call upon a state to reserve money bills and
other financial bills for his consideration

Administrative Relations

 The executive power has been divided between the centre and the states on the lines
of distribution of legislative powers

 The power of the centre extends to the whole of India on matters where it has
exclusive jurisdiction (union list) and to the exercise of rights, authority and
jurisdiction conferred on it by any treaty or agreement

 The jurisdiction of the state extends to those matters enumerated in the state list

 In matters related to concurrent list, the executive power rests with the states

 Obligation of states to the centre:

o State’s executive power has to be conducted in such a way so as to ensure
compliance with the laws made by the Parliament
 o And not to impede or prejudice the exercise of executive power of the centre
in a state
 These directions are coercive in nature (Article 365) since any failure to abide by
them could invite the use of Article 356
 Centre has been empowered to issue advice to states in the following instances:
o Construction and maintenance of means of communication declared to be of
national importance or military importance by the state
o Measures to be taken for the protection of the railways within the state
 Mutual delegation of functions: The constitution provides for inter-governmental
delegation of executive functions in order to mitigate the rigidity and avoid a situation
of deadlock
o The president with the consent of the state government may delegate the
executive functions of the union to the state
o The governor with the consent of the central government may delegate the
executive functions of the state to the union
o This mutual delegation could be either conditional or unconditional
o The constitution also provides for delegation of union executive functions to
the state without the consent of the state. However, such delegation is made by
Parliament and not President. However, a state cannot delegate its executive
power in the same way
 Cooperation between the centre and the states: The following provisions have been
included to secure cooperation and coordination between the centre and the states
o Parliament can provide for the adjudication of any dispute or complaint with
respect to the use, distribution and control of waters of any inter-state river and
river valleys
o President can establish an Inter-state council to investigate and discuss subject
of common interest between the centre and the states.
o Full faith and credit is to be given throughout the territory of India to public
acts, records and judicial proceedings of the centre and every state

Integrated Judicial system

  An integrated judicial system has been setup even though India has a dual polity

 This single system of court enforces both the central as well as the state laws

 The judges of a high court are appointed by the President of India in consultation with
the Chief Justice of India and governor of the state. They can also be removed or
transferred by the President

 Parliament has been authorized to setup common high courts for two or more states

Relations during emergency

 During National emergency, the centre can issue directions to a state on any matter

 During President’s rule, the president can assume to himself the functions of the state
government and powers vested in the governor or any other executive authority in the
state

 During financial emergency, the centre can direct the states to observe canons of
financial propriety and the President can give other necessary directions including the
reduction of salaries of persons serving in the state and the high court judges

Other provisions related to centre-state relations in the executive sphere

 Article 355 imposes two duties in the centre:

o To protect every state against external aggression and internal disturbance

o To ensure that the government of every state is carried in accordance with

provisions of the constitution

 The governor of state is appointed by the president. He holds office during the
pleasure of the President.
  The state election commissioner though appointed by the governor of the state, can be
removed only by the President

 Apart from the above, there are various extra-constitutional methods to seek centre-
state cooperation. Ex: Forums such as National Integration council, chief minister’s
conference etc

Financial Relations

Allocation of taxing powers

 Parliament has the exclusive power to levy taxes on subjects enumerated in the Union
list

 State legislature has the exclusive power to levy taxes on subjects enumerated in the
state list

 Both union and state can levy taxes on matters enumerated in the concurrent list

 Residuary power of taxation is vested in the Parliament

Restriction placed by constitution on taxation power of the state

 A state legislature can impose taxes on profession, trades,and employments. But, the
total amount payable by any person should not exceed Rs 2500 per annum

 A state can impose taxes on sale or purchase of goods (other than newspaper). But,
this power of state to impose sales tax is subjected to four restrictions:

o No tax can be imposed on the sale or purchase of taking place outside the
states

o No tax can be imposed on the sale or purchase taking place in the course of
import or export

o No tax can be imposed on the sale or purchase taking place in the course of
inter-state trade and commerce
Distribution of tax revenues

 Taxes are imposed by the centre but are collected and appropriated by the state
(Article 268). The proceeds under this form part of the consolidated fund of the state.
Ex: Stamps duty, excise duty

 Taxes are levied and collected by the centre but assigned to the states (article 269).
Ex: Taxes on the sale or purchase of goods (other than newspapers) in the course of
inter-state trade.

 Taxes are levied and collected by the centre but distributed between the centre and the
states (Article 270). This category includes all taxes except those mentioned above,
surcharges and cess. The matter of distribution of these taxes is prescribed by the
President based on the recommendation of the Finance Commission
 Taxes levied and collected and retained by the states: These are the taxes belonging to
the states exclusively. They are enumerated in the state list. Ex: Taxes on agriculture
income, excise duties on alcohol, taxes on professions

Grants-in-Aid to the states:

 Constitution provides for grants-in-aid to the state from the central resources. There
are two types of grants-in-aid: statutory grants and discretionary grants

 Statutory grants:

o Article 275 empowers the parliament to make grants to the states which are in
need of financial assistance and not to every state

o These sums can be different for different states. These sums are charged on the
Consolidated Fund of India every year

o These are given to the states based on the recommendation of the Finance
Commission
Discretionary grants:

o Article 282 empowers both the centre and the states to make any grants for any public
purpose, even if it is not within their legislative competence.

o The centre is under no obligation to give these grants and the matter lies within its
discretion

Other grants:

o Constitution provided for a temporary grant for specific purpose. Ex: grants for the
states of Assam, Bihar, Odisha and West Bengal in lieu of export duties on jute and
jute products.

o These grants were to be given for a period of 10 years from the commencement of the
constitution based on the recommendation of the Finance Commission

Finance Commision

 Article 280 provides for this quasi-judicial body

 It is constituted by the President every five years or even earlier

 It is required to make recommendations to the President on the following matters:

o Distribution of net proceeds of taxes shared between the centre and the states,
and the allocation between the states, the respective shares of such proceeds

 Measures needed to augment the Consolidated Fund of the state to supplement the
resources of panchayats and municipalities in the state based on the recommendation
of the state finance commission
  Any other matter referred to it by the President
Borrowing by the centre and the states

o The central government can borrow either within India or outside upon the security of
the Consolidated Fund of India or can give guarantees, but both within the limits fixed
by the parliament. As of now, no such law has been enacted by the Parliament

o A state government can borrow within India and not abroad upon the security of the
consolidated fund of the state or can give guarantees but both within the limits fixed
by the legislature of that state

During emergencies: financial relations between centre and the states

National emergency:

 President can modify revenue distribution between the centre and the states.

 Such modification continues till the end of the financial year in which the emergency
ceases to operate

Financial Emergency

 Centre can give directions to the states- to observe the specified cannons of financial
propriety, reduce the salaries and allowances of all class of persons serving in the state
and to reserve all money bills and other financial bills for the consideration of the
President

Centre State Tensions

Tensions in the centre-state relations

 o Mode of appointment and dismissal of governor

o Discriminatory and partisan role of governors

o Imposition of President’s rule for partisan interests

o Deployment of central forces in the states to maintain law and order

o Reservation of state bills for the consideration of the President

o Discrimination in financial allocations to the states

o Management of All-India services

o Use of electronic media for political purposes

o Encroachment by the centre on the state list

Some of the important recommendations made by some committees

Administrative reforms commission

o Establishment of an Inter-state council under Article 263 of the constitution

o Appointment of persons having long-experiences in public life and non-partisan

attitudes as governors

o Delegated maximum powers to the states

o Transferring of more financial resources to the states to reduce their dependence upon
the centre

 Deployment of central armed forces in the states either on their request or otherwise

Recommendations to improve relations

Rajamannar committee

 Form an Inter-State Council immediately.

 Make the Finance Commission permanent.

 Disband the Planning Commission and replace it with a statutory body.

 Delete Articles 356, 357, and 365 (concerning President's Rule).

 Increase the powers and autonomy of state governments.

 Reduce the discretionary powers of the Centre.

 Set up a permanent inter-state council to resolve disputes.

 Enhance the financial resources of the states.

Anandpur Sahib resolution

 In 1978, the Akali Dal came out with a controversial resolution called the Anandpur
Sahib Resolution.

 It demanded greater autonomy for the States seeking Centre’s authority to be confined
to only Defence, Foreign relation, Communications, Railways, and Currency.

 It also demanded residuary powers for the State.

 In the decade 1980, as the regional parties became very assertive, they put forth the
demand for State autonomy in an organized manner.

Sarkaria commission recommendation:

 Setting up a permanent inter-state council

 o Article 356 should be used sparingly

o Institution of all-India service should be strengthened

o Residuary power should remain with the parliament

o Reasons should be communicated to the state when state bills are vetoed by
the President

o Centre should have powers to deploy its armed forces, even without the consent of
states. However, it is desirable that the states should be consulted

o Procedure of consulting the chief minister in the appointment of the state governor
should be prescribed in the constitution itself

o Governors should be allowed to complete their term of five years

o Commissioner for linguistic minorities should be activated

Punchhi commission

o Giving a fixed term of five years to the governors and their removal by the process of
impeachment

o Union should be extremely restrained in asserting Parliamentary supremacy in matters

assigned to the states

o It prescribed certain conditions that one should keep in mind while appointing
governors:

 He should be eminent in some walk of life

 He should be a person from outside the state

 He should be a detached figure and not connected with the local politics

 He should not be connected with politics in recent past

Judicial Reforms

Introduction

 The Judiciary is one of three branches of government, the others being the Executive
and the Legislature.

 As society evolves, these organs must constantly change and adapt to changing needs.

 As a result, judicial reform is a constantly evolving process.

 These reforms also serve to ensure that the judiciary is ready to face new challenges
while maintaining its effectiveness in advancing equality and justice for all.

current issues in the Indian Judicial System?

 Scarcity of Judges: There is a judge scarcity in India's subordinate courts, with

approximately 35% of positions unfilled. As a result, India's judge-to-population ratio
is low, with only 17 judges per million people.

 Appointment of Judges: In India, judges are appointed and transferred via the
collegium system. The system has been chastised for its opaque operation.

 Pendency of Cases: The problem of pendency is particularly acute at the lower levels
of the judiciary, where the majority of cases are filed and where the shortage of judges
is most severe.

 Poor Condition of Infrastructure: Insufficient budget allocation results in poor

infrastructure for the judiciary in India, spending only 0.09% of its GDP on
maintaining the judicial infrastructure.
 o Human Resources: Lack of efficient secretarial and clerical assistance,
shortage of Public Prosecutors, etc., also adds to the problem.

 Lack of gender diversity: For instance, there have been only 11 women judges on
the Supreme Court since its inception, and no women Chief Justices.

 Undertrials: According to the ‘Prison Statistics India’ report published by the

National Crime Records Bureau (NCRB) in 2020, there were as many as 4,88,511
prison inmates, of whom 76% were undertrials.
 Procedural issues: It includes delay in service of summons/notices to
accused/defendants/respondents by process servers and police.
 Outdated Procedural laws: The Code of Civil Procedure 1908, Code of Criminal
Procedure 1973, and The Evidence Act 1872 are all outdated in relation to the
current needs of society.
o They enable motions for adjournments which are routinely sought and
given. As a result, litigation has become a prolonged, costly, uncertain, rigid
process.

Issues in Brief

 Present Issues Delay in Justice

 The system is unable to keep pace with new cases being instituted in our diverse
economy.

 Barring the metros and state capitals, most of the subordinate courts lack basic
infrastructure for judges, court staff and litigants.

 Delays in the administration of justice: A huge backlog of cases awaiting hearing

can cause delays in case resolution, which can last years or even decades.
 Negative influence on justice quality: Due to time constraints, judges may be unable
to fully analyze the merits of each case. This can result in decisions that are not well-
informed or do not adequately address the issues at hand.
  Financial burden for litigants: Prolonged litigation can be expensive for litigants
since they must face the costs of lengthy judicial processes.
 detrimental impact on the economy: These flaws in the legal system can also have a
detrimental impact on the economy because firms may be delayed.

factors that hinder judicial reforms?

Intrinsic Fact

 Resistance to change

 Corruption within the Judiciary

 Insufficient capacity to implement the reforms

 Overburdened court system

Extrinsic Factors

 Political interference

 Insufficient resources and funding to the judiciary

 Bureaucratic red-tapism

 Lack of public awareness

Recommendations

 Need for speedy delivery of justice and unburdening higher courts.

 Making the judicial system accessible and effective for the poor, accountability of
judges and transparency in court proceedings Time limits for taking decision are to
be prescribed like Slovak republic where disposal of cases in less than 60 days.

 More judges, streamlining procedures using information technology and increase the
judge population ratio to reduce delays and cut costs.

 Constitute a Performance Commission with powers to take consequential action.

 Many U.S. States have such commissions, which examine complaints about the
conduct of judges.
 Set up specialized commercial fast track courts to expedite the enforcement
 The judiciary should be made responsible to present its own financial needs in a
professional and competent manner, documenting its requirements An efficient
litigation policy will help a lot.
 Civil court fees structure must be suitably modified and it must be made mandatory
for state governments to spend the entire fees so collected on building judicial
infrastructure.
 Appointment of ad hoc or additional judges to clear pending cases
 Creation of a transparent, full-time independent judicial complaints commission to
investigate complaints against judges
 Alternative Dispute Resolution mechanism, Lok Adalats etc should be explored on
greater scale to reduce the burden of the judiciary at all levels. Law Commission
Recommendations a.
 Equal role for judiciary, executive in appointment of judges b. Post of Chief Justice
should not be transferable c. Judges must deliver judgments within a reasonable time
These changes must be brought on urgent basis as justice delayed is justice
compromised.

What measures can be taken to reform the Judiciary?

Some measures that can be taken to reform the judiciary are

 Transparency in Appointment: Law Commission of India (LCI) 2009

recommended that the executive and judiciary should function together to find the
 most suitable (candidates) available for appointment. This can be achieved by
combining the legal acumen of the judiciary, and in the area of antecedents, the
executive’s opinion should be dominant.
 Reducing pendency: LCI (2009) recommended that:
o Maximum Strength of the Judges in the Supreme Court should be increased.
o The need to divide the Supreme Court into a Constitution Bench at Delhi
and Cassation Benches in four regions at Delhi, Chennai/Hyderabad,
Kolkata, and Mumbai to ensure timely Justice delivery.

o Constitutional provisions need a change to enhance the retirement age of High Court
and Supreme Court Judges by at least three years.

o Increasing the number of Judges to maintain a healthy Judge-population ratio - 50 per

million

 Optimum time utilization: LCI (2009) recommended:

o Considering the staggering arrears, vacations in the higher judiciary must be
curtailed by at least 10 to 15 days and the court working hours should be
extended by at least half-an-hour.

Caste and Indian Politics

The term "caste" refers to a social stratification system where people are divided into
hereditary groups that dictate their lifestyle, occupation, and social status. This system is most
notably associated with India but has parallels in other cultures.

Key characteristics of the caste system include:

1. Hereditary Nature: Membership in a caste is inherited and typically unchangeable.

2. Endogamy: People usually marry within their own caste.

3. Occupational Specialization: Specific occupations are linked to particular castes.

 4. Social Hierarchy: Castes are ranked, with some being considered higher or more
prestigious than others.

5. Ritual Purity: Higher castes are often seen as more ritually pure, while lower castes
may be viewed as impure.

In India, the traditional caste system is divided into four main groups called Varnas:

1. Brahmins: Priests and scholars.

2. Kshatriyas: Warriors and rulers.

3. Vaishyas: Merchants and traders.

4. Shudras: Laborers and service providers.

Beyond these Varnas are the Dalits (formerly known as "Untouchables"), who have
historically faced significant discrimination and social exclusion.

While the caste system is most prominent in India, similar systems exist in other cultures,
though they may not be labeled as "caste."

In modern times, there have been efforts to combat caste-based discrimination and promote
social equality through legal measures and affirmative action. Despite these efforts, caste
continues to influence social dynamics in many parts of the world.

Caste and Politics

Caste, a fundamental aspect of India's ancient social hierarchy, plays a significant role in
shaping its political landscape. It exerts a powerful influence in elections, where voter
mobilization and party alliances are often driven by caste considerations. Political parties
frequently align themselves with specific caste groups to garner support, fostering cohesion
within those groups but also potentially causing friction between different castes. To address
historical injustices, reservations are in place for disadvantaged castes to improve their
representation and promote equality. However, this system also faces criticism for
perpetuating caste consciousness and divisions.

Role of Caste in Indian Politics

The role of caste in Indian politics is a significant and influential aspect of the country's
political landscape. Here are some key points to understand:

o Caste system and British rule: The caste system is a social hierarchy in India. It was
seen by the British as a way to understand Indian society. They used it to justify their
rule and it led to conflicts among different castes.

o Evolution of caste: Efforts to abolish untouchability and promote equality were

present. However, caste continued to exist and evolve in Indian society. The
Constitution of India banned untouchability and introduced reservations for lower
castes. This further solidified the importance of caste.

o Political co-optation: Political parties started mobilizing lower castes and including
them in their ranks. This gave these castes a chance to assert their identity and seek
political power.

o Dominant castes and political power: Dominant castes hold numerical superiority.
Thus, they enjoy political influence. Politicians find caste a useful instrument during
elections. Competition among major caste groups for power is often observed in
Indian states.

o Reservation and backward classes: Caste-based reservations were introduced in the

Indian Constitution. This was to provide opportunities and advancement for socially
and educationally backward classes. The Mandal Commission identified backward
classes primarily based on caste membership.

o Interplay of class and caste: Over time, class and caste started coexisting in Indian
society. Reservation policies helped certain castes catch up with other dominant
castes. However, this also led to socio-economic differentiation within caste groups.

o Changing dynamics: Caste continues to be a lived social reality in India. Despite the
erosion of its ideological basis, it has become an instrument of social change. Caste
identities have taken new forms of articulation, resulting in the rise of identity
politics.

o Complex relationship: The relationship between class and caste is complex and
overlapping. The struggle for status and equality continues, and caste remains a potent
 form of social identity. The transformation of caste into interest groups has also
influenced politics.

Positive Role of Caste in Indian Politics

Caste has had a significant and complex impact on Indian politics. While it brings
challenges, it also contributes positively to the political landscape in several ways:

Party Politics and Caste

1. Empowering Marginalized Communities: Caste-based politics has empowered

historically marginalized communities by giving them a voice and representation in
the political arena.

2. Responsive Policies: Political parties address the specific needs and aspirations of
various caste groups, making the political process more inclusive.

3. Diverse Representation: The emergence of caste-based political parties has enriched

the political system, ensuring that the interests of different castes are represented.

Elections and Caste

1. Electoral Dynamics: Caste plays a crucial role in shaping electoral dynamics, with
voting patterns often reflecting caste interests, helping candidates and parties
consolidate support.

2. Increased Participation: Caste-based voter mobilization has boosted political

participation among disadvantaged communities, making the democratic process
more inclusive.

3. Empowerment: Marginalized groups feel a sense of empowerment and representation,

enhancing their political agency.

Caste Groups and Alliances

1. Forming Alliances: Caste-based alliances and coalitions bring together different castes
to address common concerns, advocating for collective interests.

2. Social and Political Empowerment: These alliances facilitate social and political
empowerment, enabling castes to leverage their collective strength for better
representation and policy outcomes.
Caste Solidarity

1. Fostering Community: Caste-based politics promotes solidarity and a sense of

community among caste members, enhancing social cohesion and shared identity.

2. Raising Awareness: Caste-based organizations and movements raise awareness about

social injustices, advocate for social welfare measures, and demand equal
opportunities.

Political Socialization and Leadership Recruitment

1. Shaping Attitudes: Caste influences political socialization, shaping individuals'

political attitudes and behaviors.

2. Pathways to Leadership: Caste-based networks and social structures often serve as

pathways for leadership recruitment, enabling individuals from marginalized castes to
rise to positions of political power and influence.

Addressing Challenges

While acknowledging the positive aspects of caste in Indian politics, it is crucial to address
the challenges:

1. Perpetuating Social Divisions: Caste-based politics can reinforce social divisions and
inequalities.

2. Limiting Social Mobility: It may limit opportunities for social mobility.

Negative Role of Caste in Indian Politics

Caste has also had negative impacts on Indian politics:

Political and Social Tension

1. Heightened Tensions: Caste-based politics often leads to increased political and social
tensions, with competing caste groups vying for power, resources, and representation.

2. Divisions and Conflicts: Caste-based mobilization can create divisions and conflicts
among communities, leading to inter-caste rivalries and social fragmentation.

Policies and Decisions

 1. Prioritizing Caste Interests: Government policies and decisions may prioritize specific
caste interests over the broader welfare of society.

2. Resource Allocation: Government resources and development initiatives may be

allocated based on caste considerations, neglecting the needs of marginalized groups.

Democratic Ideals

1. Undermining Democracy: Caste-based politics can undermine democratic ideals of

equal representation, fairness, and inclusivity.

2. Compromising Governance: Caste-based voting patterns may prioritize caste identity

over factors like competency, integrity, and policy positions, compromising the
quality of governance.

Divisive and Cohesive Factors

1. Overshadowing Issues: Caste-based divisions can overshadow important issues like

development, good governance, and social justice.

2. Exclusionary Politics: Caste-based alliances and mobilization often prioritize the

interests of specific castes, leading to exclusionary politics and neglecting
marginalized communities.

Moving Forward

To create a more inclusive and equitable political system, it is essential to:

1. Promote Social Cohesion: Work towards reducing caste-based discrimination and

fostering social cohesion.

2. Prioritize Inclusivity: Develop policies that address the needs of all sections of
society, emphasizing equality, justice, and inclusivity in political discourse and
practice. This can help mitigate the negative effects of caste in Indian politics and
strengthen democracy.

Conclusion
The impact of caste on Indian politics is significant and complex. Caste has played a crucial
role in shaping electoral dynamics, political alliances, and policy-making. It has provided
marginalized communities with a platform to assert their political identity and seek
representation in response to social and economic disparities. Recognizing the importance of
caste-based mobilization, political parties have harnessed it to secure electoral support and
address the needs of specific caste groups.

Caste-based alliances and coalition politics are now common, with parties forming strategic
partnerships to consolidate voting blocks. Additionally, caste-based reservation policies aim
to uplift marginalized communities and promote social equity. While these policies have
enhanced representation, they have also sparked debates about their effectiveness and the
potential for perpetuating divisions.

In summary, caste in Indian politics has empowered marginalized groups and increased
political participation but also presents challenges that must be addressed to create a more
inclusive and cohesive society.

Reference - R.c. Guha - India After Gandhi, M. Laxmikant.