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com/free-ias-prep/president/

Who is President of India?

The Indian President is the head of the state. He is the first citizen of India and is a symbol of
solidarity, unity, and integrity of the nation. He is a part of Union Executive along with the Vice-
President, Prime Minister, Council of Ministers, and Attorney-General of India.

How is President elected?

There is no direct election for the Indian President. An electoral college elects him. The electoral
college responsible for President’s elections comprises elected members of:

1. Lok Sabha and Rajya Sabha

2. Legislative Assemblies of the states (Legislative Councils have no role)

3. Legislative Assemblies of the Union Territories of Delhi and Puducherry

Note:

 The value of the vote of an MLA is given below:

 The value of the vote of an MP is given below:

To know who has been the Indian President, IAS aspirants can check the list of Presidents of India in
the linked article.

Who does not take part in the President’s elections?

The following group of people is not involved in electing the President of India:

1. Nominated Members of Rajya Sabha (12)

2. Nominated Members of State Legislative Assemblies

3. Members of Legislative Councils (Both elected and nominated) in bicameral legislatures

4. Nominated Members of union territories of Delhi and Puducherry

What is the term of the President’s office?

Once President is elected, he holds office for five years. He sits in the office even after the
completion of five years given no new election has taken place or no new President has been elected
till then. He can also be re-elected and there is no cap on his re-election.

Questions related to President’s elections for UPSC

There are a few facts that an IAS aspirant must know for UPSC 2024. Those facts are in given in a
question-answer format in the table below:

What is the principle of Proportional Representation with means of a single transferable vote
election used in the
President’s election?

How does voting take place It is a secret ballot system of voting

in the election of Indian
President?

What is a quota of votes in

President’s elections?

How is the Supreme Court Any dispute related to his election is taken up by SC. SC’s decision is final.
(SC) involved in the
Note: After the election of President is declared null and void, the acts done by
President’s election?
the President in his office remain valid even after his removal.

UPSC aspirants must know about the role and responsibilities of the President as they too work for
the development progress of the country, tough at a beginner level. Aspirants must also review
the Salary of an IAS Officer along with the perks provided to them.

What are the qualifications of the President?

A candidate has to meet some qualifications to be elected as the president. Those qualifications of
the President are:

1. He should be an Indian Citizen

2. His age should be a minimum of 35 years

3. He should qualify the conditions to be elected as a member of the Lok Sabha

4. He should not hold any office of profit under the central government, state government, or
any public authority

What are the conditions of the President’s office?

There are a few conditions for the candidate running for the President’s elections:

1. He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a member of either of
the house, he should vacate the seat on his first day as President in the office
 2. He should not hold any office of profit

3. For his residence, Rashtrapati Bhavan is provided to him without the payment of rent

4. Parliament decides his emoluments, allowances and privileges

5. Parliament cannot diminish his emoluments and allowances during his term of office

6. He is given immunity from any criminal proceedings, even in respect of his personal acts

7. Arrest or imprisonment of the President cannot take place. Only civil proceedings can be
initiated for his personal acts that too after giving two months’ of prior notice.

What is the procedure for impeachment of a President?

The only condition for the initiation of impeachment of the Indian president is the ‘violation of the
constitution.’

Note: Indian Constitution contains no definition of ‘violation of the constitution.’

The impeachment process of President is given below. (We have taken Lok Sabha as the first house
to initiate the impeachment charges, however, Rajya Sabha too can initiate the impeachment
charges against President and in that case, it will pass the resolution and send the charges to Lok
Sabha which will investigate and pass it if it finds those charges valid.)

Can the President’s office be vacant?

Yes, his office can be vacant in the following ways:

1. When the President of India completes his term of five years in the office

2. If the President resigns by putting forward his resignation to the Vice-President of India

3. If Lok Sabha/Rajya Sabha initiates an impeachment charge and they stand valid, he is
removed

4. If he dies in the office

5. If the Supreme Court declares his election invalid

Note: Vice-President discharges the duties as President; if the latter’s office falls vacant in the
circumstances mentioned above, except by the expiry of the term. As per the President’s Act 1969; if
the Vice-President office is vacant too, Chief Justice of India (CJI) (or in his absence); Supreme Court’s
senior-most judge, discharge the functions of the President (till new President is elected.)

What are the powers and functions of the President of India?

Executive Powers of President

1. For every executive action that the Indian government takes, is to be taken in his name

2. He may/may not make rules to simplify the transaction of business of the central
government

3. He appoints the attorney general of India and determines his remuneration

4. He appoints the following people:

1. Comptroller and Auditor General of India (CAG)

2. Chief Election Commissioner and other Election Commissioners

3. Chairman and members of the Union Public Service Commission

4. State Governors

5. Finance Commission of India chairman and members

5. He seeks administrative information from the Union government

6. He requires PM to submit, for consideration of the council of ministers, any matter on which
a decision has been taken by a minister but, which has not been considered by the council

7. He appoints National Commissions of:

1. Scheduled Castes (Read about National Commission for Scheduled Castes in the
linked article.)

2. Scheduled Tribes Read about (National Commission for Scheduled Tribes in the
linked article.)

3. Other Backward Classes (Read about National Commission for Backward Classes in
the linked article.)

8. He appoints inter-state council

 9. He appoints administrators of union territories

10. He can declare any area as a scheduled area and has powers with respect to the
administration of scheduled areas and tribal areas

Legislative Powers of President

1. He summons or prorogues Parliament and dissolve the Lok Sabha

2. He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock

3. He addresses the Indian Parliament at the commencement of the first session after every
general election

4. He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy chairman of Rajya
Sabha when the seats fall vacant (to know the difference between Lok Sabha and Rajya
Sabha check the linked article.)

5. He nominates 12 members of the Rajya Sabha

6. He can nominate two members to the Lok Sabha from the Anglo-Indian Community

7. He consults the Election Commission of India on questions of disqualifications of MPs.

8. He recommends/ permits the introduction of certain types of bills (to read on how a bill is
passed in the Indian Parliament, check the linked article.)

9. He promulgates ordinances

10. He lays the following reports before the Parliament:

1. Comptroller and Auditor General

2. Union Public Service Commission

3. Finance Commission, etc.

Financial Powers of President

1. To introduce the money bill, his prior recommendation is a must

2. He causes Union Budget to be laid before the Parliament

3. To make a demand for grants, his recommendation is a pre-requisite

4. Contingency Fund of India is under his control

5. He constitutes the Finance Commission every five years

Judicial Powers of President

1. Appointment of Chief Justice and Supreme Court/High Court Judges are on him

2. He takes advice from the Supreme Court, however, the advice is not binding on him

3. He has pardoning power: Under article 72, he has been conferred with power to grant
pardon against punishment for an offence against union law, punishment by a martial court,
or death sentence.
Note: Pardoning powers of the president includes the following types:

 Pardon with the grant of pardon convicts both conviction and sentence completely absolved

 Commutation with this nature of the punishment of the convict can be changed

 Remission reduces the term of the imprisonment

 Respite awards lesser punishment than original punishment by looking at the special
condition of a convict

 Reprieve stays the execution of the awarded sentence for a temporary period

Diplomatic Powers of President

1. International Treaties and agreements that are approved by the Parliament are negotiated
and concluded in his name

2. He is the representative of India in international forums and affairs

Military Powers of President

He is the commander of the defence forces of India. He appoints:

1. Chief of the Army

2. Chief of the Navy

3. Chief of the Air Force

Emergency Powers of President

He deals with three types of emergencies given in the Indian Constitution:

1. National Emergency (Article 352)

2. President’s Rule (Article 356 & 365)

3. Financial Emergency (Article 360)

What is the Ordinance Making Power of the President?

Article 123 deals with the ordinance making power of the President. The President has many
legislative powers and this power is one of them. He promulgates an ordinance on the
recommendation of the union cabinet. To read more on Ordinance Making Power of the President,
check the linked article.

What is the Veto Power of the President?

When a bill is introduced in the Parliament, Parliament can pass the bill and before the bill becomes
an act, it has to be presented to the Indian President for his approval. It is on the President of India to
either reject the bill, return the bill or withhold his assent to the bill. The choice of the President over
the bill is called his veto power. The Veto Power of the President of India is guided by Article 111 of
the Indian Constitution. To continue reading Veto Power, check the linked article.

President of India – Indian Polity Notes

Download PDF Here
Furthermore, aspirants must also carefully review the civil services syllabus and exam pattern for a
better understanding of the UPSC CSE and accordingly chalk out the preparation strategy.

To learn about the best strategy to be followed that can help in guiding through the exam
preparation, candidates can refer to the UPSC topper list and check out their success stories.

Also, read other important polity articles:

44th Amendment Citizenship in India

42nd Amendment Act Fundamental Duties

Lapsing of Bills Private Member Bill

Sources of Indian Constitution Directive Principles of State Policy

UPSC Preparation:

Top 5 Magazines for UPSC UPSC Calendar 2024

Documents Required for UPSC Exam Language Papers in UPSC – Tips to Study

UPSC Admit Card IAS Eligibility Criteria

Frequently asked questions related to President of India

Q1

Who are all appointed by the President of India?

The chief justice and other judges of the Supreme Court of India and state/union territory high
courts. The Comptroller and Auditor General. The Chief Election Commissioner and other Election
Commissioners.

Q2

What are the legislative powers of the President of India?

Some of the Legislative Powers of the President of India are, he summons or prorogues Parliament
and dissolves the Lok Sabha, he summons a joint sitting of Lok Sabha and Rajya Sabha in case of
deadlock, he addresses the Indian Parliament at the commencement of the first session after every
general election, he nominates 12 members of the Rajya Sabha, he consults the Election Commission
of India on questions of disqualifications of MPs, President of India appoints speaker, deputy speaker
of Lok Sabha, and chairman/deputy chairman of Rajya Sabha when the seats fall vacant, President of
India can nominate 12 members of the Rajya Sabha.

Relevant Links
 UPSC Mains General Studies Paper-II Strategy, Syllabus Topic-Wise General Studies Paper – 2 Questions
& Structure for UPSC Mains

Previous Years Constitution Questions in UPSC Mains Previous Years Polity Questions in UPSC Mains
General Studies Paper – 2 General Studies Paper – 2

The fundamental duties which were added by the 42nd Amendment Act of the Constitution in 1976,
in addition to creating and promoting culture, also strengthen the hands of the legislature in
enforcing these duties vis-a-vis the fundamental rights.

The list of 11 Fundamental Duties under Article 51-A to be obeyed by every Indian citizen is given in
the table below:

S.No 11 Fundamental Duties

1. Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the
National Anthem

2. Cherish and follow the noble ideals that inspired the national struggle for freedom

3. Uphold and protect the sovereignty, unity and integrity of India

4. Defend the country and render national service when called upon to do so

5. Promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities and to renounce practices
derogatory to the dignity of women

6. Value and preserve the rich heritage of the country’s composite culture

7. Protect and improve the natural environment including forests, lakes, rivers and wildlife and to have
compassion for living creatures

8. Develop scientific temper, humanism and the spirit of inquiry and reform
 9. Safeguard public property and to abjure violence

10. Strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavour and achievement

11. Provide opportunities for education to his child or ward between the age of six and fourteen
years. (This duty was added by the 86th Constitutional Amendment Act, 2002)

The Fundamental Duties form an important topic for IAS Prelims as can be seen from the past years’
question papers. Aspirants preparing for UPSC 2024 are advised to cover the topic with all facts and
figures. The topic once understood can fetch you a great score in prelims and mains both.

Importance of Fundamental Duties – Part IV-A

Fundamental Duties are an inalienable part of fundamental rights. The importance of these are given
in the table below:

S.No Importance of Fundamental Duties

1. They remind Indian Citizens of their duty towards their society, fellow citizens and the nation

2. They warn citizens against anti-national and anti-social activities

3. They inspire citizens & promote a sense of discipline and commitment among them

4. They help the courts in examining and determining the constitutional validity of a law

Criticism of Fundamental Duties

The Fundamental Duties mentioned in Part IVA of the Constitution have been criticized on the
following grounds:

 They have been described by critics as a code of moral precepts due to their non-justiciable
character. Their inclusion in the Constitution was described by the critics as superfluous. This
is because the duties included in the Constitution as fundamental would be performed by
the people even though they were not incorporated into the Constitution.

 Some of the duties are vague, ambiguous and difficult to be understood by the common
man.

 The list of duties is not exhaustive as it does not cover other important duties like casting
votes, paying taxes, family planning and so on. In fact, the duty to pay taxes was
recommended by the Swaran Singh Committee.
  The critics said that the inclusion of fundamental duties as an appendage to Part IV of the
Constitution has reduced their value and significance. They should have been added after
Part III so as to keep them on par with Fundamental Rights.

 Swaran Singh’s Committee recommended more than 10 Fundamental Duties, however, not
all were included in the Constitution. Those duties recommended by the committee which
were not accepted were:

1. Citizens to be penalized/punished by the parliament for any non-compliance with or

refusal to observe any of the duties.

2. The punishments/penalties decided by the Parliament shall not be called in question

in any court on the ground of infringement of any of Fundamental Rights or on the
ground of repugnancy to any other provision of the Constitution.

3. Duty to pay taxes.

Facts about Fundamental Duties for UPSC:

 Fundamental Duties are categorized into two – Moral Duty & Civic Duty

1. Moral Duty: cherishing noble ideals of freedom struggle

2. Civic Duty: respecting the Constitution, National Flag and National Anthem

 They essentially contain just a codification of tasks integral to the Indian way of life.

 The Fundamental Duties are confined to Indian citizens only and do not extend to foreigners,
unlike a few Fundamental Rights.

 They are also nonjusticiable similar to the Directive Principles of State Policy.

 There is no legal sanction against their violation.

This Fundamental Duty article will be helpful for the aspirants for the upcoming UPSC
Prelims examination. Download the fundamental duties’ notes PDF from the link given below:

Fundamental Duties-Indian Polity Notes

Download PDF Here

Aspirants looking forward to appearing for the upcoming civil services exam must skip the wait for
the UPSC admit card and kickstart their preparation now as the syllabus is comprehensive and not
much can be left for last-minute preparations.

From the perspective of UPSC CSE, the latest events of importance focussing on the violation or
fulfilment of fundamental rights are asked as a part of current affairs in the prelims or mains
examination. Thus candidates must also be prepared accordingly.

Also, review the UPSC Mains Syllabus carefully and look for aspects of questions based on the given
topic in the final exam. For any further details, study material or preparation tips, turn to BYJU’S for
assistance.

UPSC Questions related to Fundamental Duties

Q1

Which Fundamental Duty was added by the 86th Amendment Act?

The Fundamental Duty added by the 86th amendment act directs citizens to provide opportunities
for education to his child or ward between the age of six and fourteen years.

Q2

Which Committee proposed to add Fundamental Duties in the Indian Constitution?

Swaran Singh Committee in 1976 recommended Fundamental Duties to be added in the constitution

Q3

Which amendment act added 10 Fundamental Duties in the Indian Constitution?

42nd Amendment Act, 1976 added 10 Fundamental Duties

Q4

Fundamental Duties are added under which part of the Indian Constitution?

They are added under Part-IV-A of the Constitution.

Q5

Why are the Fundamental Duties important for a citizen?

Fundamental duties are important because:

 They remind Indian Citizens of their duty towards their society, fellow citizens and the nation

 They warn citizens against anti-national and anti-social activities

 They inspire citizens & promote a sense of discipline and commitment among them

 They help the courts in examining and determining the constitutional validity of a law

Q6

Fundamental Duties are added under which part of the Indian Constitution?

They are added under Part-IV-A of the Constitution.

The Sapru Committee in 1945 suggested two categories of individual rights. One being justiciable and
the other being non-justiciable rights. The justiciable rights, as we know, are the Fundamental rights,
whereas the non-justiciable ones are the Directive Principles of State Policy.

DPSP of Indian Constitution are ideals which are meant to be kept in mind by the state when it
formulates policies and enacts laws. There are various definitions of Directive Principles of State
which are given below:

 They are an ‘instrument of instructions’ which are enumerated in the Government of India
Act, 1935.

 They seek to establish economic and social democracy in the country.

 DPSPs are ideals which are not legally enforceable by the courts for their violation.

Directive Principles of State Policy – Classification

Indian Constitution has not originally classified DPSPs but based on their content and direction, they
are usually classified into three types-

 Socialistic Principles,

 Gandhian Principles and,

 Liberal-Intellectual Principles.

The details of the three types of DPSPs are given below:

DPSP – Socialistic Principles

Definition: They are the principles that aim at providing social and economic justice and set the path towards
the welfare state. Under various articles, they direct the state to:

Article Promote the welfare of the people by securing a social order through justice—social, economic
38 and political—and to minimise inequalities in income, status, facilities and opportunities

Article Secure citizens:

39
 Right to adequate means of livelihood for all citizens

 Equitable distribution of material resources of the community for the common good

 Prevention of concentration of wealth and means of production

 Equal pay for equal work for men and women

 Preservation of the health and strength of workers and children against forcible abuse

 Opportunities for the healthy development of children

Article Promote equal justice and free legal aid to the poor
39A

Article In cases of unemployment, old age, sickness and disablement, secure citizens:
41
 Right to work

 Right to education

 Right to public assistance

Article Make provision for just and humane conditions of work and maternity relief
42
Article Secure a living wage, a decent standard of living and social and cultural opportunities for all
43 workers

Article Take steps to secure the participation of workers in the management of industries
43A

Article Raise the level of nutrition and the standard of living of people and to improve public health
47

DPSP – Gandhian Principles

Definition: These principles are based on Gandhian ideology used to represent the programme of
reconstruction enunciated by Gandhi during the national movement. Under various articles, they direct the
state to:

Article 40 Organise village panchayats and endow them with necessary powers and authority to enable
them to function as units of self-government

Article 43 Promote cottage industries on an individual or cooperation basis in rural areas

Article Promote voluntary formation, autonomous functioning, democratic control and professional
43B management of co-operative societies

Article 46 Promote the educational and economic interests of SCs, STs, and other weaker sections of the
society and to protect them from social injustice and exploitation

Article 47 Prohibit the consumption of intoxicating drinks and drugs which are injurious to health

Article 48 Prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their
breeds

DPSP – Liberal-Intellectual Principles

 Definition: These principles reflect the ideology of liberalism. Under various articles, they direct the state to:

Article Secure for all citizens a uniform civil code throughout the country
44

Article Provide early childhood care and education for all children until they complete the age of six years.
45 (Note: 86th Amendment Act of 2002 changed the subject matter of this article and made
elementary education a fundamental right under Article 21 A.)

Article Organise agriculture and animal husbandry on modern and scientific lines
48

Article Protect monuments, places and objects of artistic or historic interest which are declared to be of
49 national importance

Article Separate the judiciary from the executive in the public services of the State
50

Article  Promote international peace and security and maintain just and honourable relations
51 between nations

 Foster respect for international law and treaty obligations

 Encourage settlement of international disputes by arbitration

Directive Principles of State Policy’s notes about its classification is important for UPSC 2024 and
aspirants should learn these with articles mentioned.

What are the new DPSPs added by the 42nd Amendment Act, 1976?

42nd Amendment Act, 1976 added four new Directive Principles to the list:

S.No Article New DPSPs

1 Article 39 To secure opportunities for the healthy development of children

2 Article 39A To promote equal justice and to provide free legal aid to the poor

3 Article 43A To take steps to secure the participation of workers in the management of industries
 4 Article 48A To protect and improve the environment and to safeguard forests and wildlife

Facts about Directive Principles of State Policy:

1. A new DPSP under Article 38 was added by the 44th Amendment Act of 1978, which
requires the State to minimise inequalities in income, status, facilities and opportunities.

2. The 86th Amendment Act of 2002 changed the subject matter of Article 45 and made
elementary education a fundamental right under Article 21A. The amended directive
requires the State to provide early childhood care and education for all children until they
reach the age of 14 years.

3. A new DPSP under Article 43B was added by the 97th Amendment Act of 2011 relating to
cooperative societies. It requires the state to promote voluntary formation, autonomous
functioning, democratic control and professional management of cooperative societies.

4. The Indian Constitution under Article 37 makes it clear that ‘DPSPs are fundamental in the
governance of the country and it shall be the duty of the state to apply these principles in
making laws.’

Criticism of Directive Principles of State Policy

As a point of debate, the following reasons are stated for the criticism of Directive Principles of State
Policy:

1. It has no legal force

2. It is illogically arranged

3. It is conservative in nature

4. It may produce constitutional conflict between centre and state

What is the conflict between Fundamental Rights and DPSPs?

With the help of four court cases given below, candidates can understand the relationship between
Fundamental Rights and Directive Principles of State Policy:

Champakam Dorairajan Case (1951)

Supreme Court ruled that in any case of conflict between Fundamental Rights and DPSPs of Indian
Constitution, the provisions of the former would prevail. DPSPs were regarded as a subsidiary of
Fundamental Rights. SC also ruled that Parliament can amend Fundamental Rights through a
constitutional amendment act to implement DPSPs.

Result: Parliament made the First Amendment Act (1951), the Fourth Amendment Act (1955) and
the Seventeenth Amendment Act (1964) to implement some of the Directives.

Golaknath Case (1967)

Supreme Court ruled that Parliament cannot amend Fundamental Rights to implement Directive
Principles of State Policy.
Result: Parliament enacted the 24th Amendment Act 1971 & 25th Amendment Act 1971 declaring
that it has the power to abridge or take away any of the Fundamental Rights by enacting
Constitutional Amendment Acts. 25th Amendment Act inserted a new Article 31C containing two
provisions:

 No law which seeks to implement the socialistic Directive Principles specified in Article 39
(b)22 and (c)23 shall be void on the ground of contravention of the Fundamental Rights
conferred by Article 14 (equality before law and equal protection of laws), Article 19
(protection of six rights in respect of speech, assembly, movement, etc) or Article 31 (right to
property).

 No law containing a declaration for giving effect to such policy shall be questioned in any
court on the ground that it does not give effect to such a policy.

Kesavananda Bharti Case (1973)

Supreme Court ruled out the second provision of Article 31C added by the 25th Amendment Act
during Golaknath Case of 1967. It termed the provision ‘unconstitutional.’ However, it held the first
provision of Article 31C constitutional and valid.

Result: Through the 42nd Amendment Act, Parliament extended the scope of the first provision of
Article 31C. It accorded the position of legal primacy and supremacy to the Directive Principles over
the Fundamental Rights conferred by Articles 14, 19 and 31.

Minerva Mills Case (1980)

Supreme Court held the extension of Article 31C made by the 42nd Amendment Act unconstitutional
and invalid. It made DPSP subordinate to Fundamental Rights. Supreme Court also held that ‘the
Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and
the Directive Principles.’

Supreme Court’s rulings following the case were:

 Fundamental Rights and DPSPs constitute the core of the commitment to social revolution.

 The harmony and balance between Fundamental Rights and Directive Principles of State
Policy is an essential feature of the basic structure of the Constitution.

 The goals set out by the Directive Principles have to be achieved without the abrogation of
the means provided by the Fundamental Rights.

Conclusion: Today, Fundamental Rights enjoy supremacy over the Directive Principles. Yet, Directive
Principles can be implemented. The Parliament can amend the Fundamental Rights to implement the
Directive Principles, so long as the amendment does not damage or destroy the basic structure of
the Constitution.

Directive Principles of State Policy – Facts relevant for UPSC Prelims

The table below mentions a few specific points about DPSPs that aspirants can get help from, for
the UPSC exam:

DPSP for UPSC Prelims

What is its full form? Directive Principles of State Policy

From which country is it borrowed? Ireland (Which had copied it from Spanish
Constitution)

How many articles are under DPSP? Article 36-51 belong to DPSP

Which part in Indian Constitution deals with DPSP? Part-IV belongs to DPSP

How many types of DPSPs are there? There are three types:

1. Socialist

2. Gandhian

3. Liberal-Intellectual

Have Directive Principles ever amended? Yes, the 42nd Amendment Act, 44th Amendment Act,
and 86th Amendment Act have added/deleted a few
DPSPs.

Are DPSPs justiciable? No, DPSPs are non-justiciable in nature.

Are DPSPs sub-ordinate to Fundamental Rights? There is a balance between both. Fundamental Rights
can be amended to implement Directive Principles
until it does not harm the basic structure of the
Constitution.

Who described DPSP as ‘novel feature’ of Dr B.R. Ambedkar

Constitution?

From where do Indian DPSPs find their motivation? Irish Home Rule Movement

What are the recent developments in favour of There are various such acts enacted to enforce DPSP.
DPSPs? They are:

 Prevention of Atrocities Act (In favour of

Article 46)

 Minimum Wages Act (In favour of Article 43)

  Consumer Protection Act

 Equal Remuneration Act (In favour of Article

39)

Multiple Choice Question

Consider the following Statements

1. Through the 42nd Amendment Act, Parliament extended the scope of the first provision of
Article 31C. It accorded the position of legal primacy and supremacy to the Directive
Principles over the Fundamental Rights conferred by Articles 14, 19 and 31.

2. Fundamental Rights can be amended to implement Directive Principles until it does not harm
the basic structure of the Constitution.

3. Part 3 of the Constitution of India contains the Fundamental Rights guaranteed to the
citizens of India. Articles 12-35 of the Constitution of India deal with Fundamental Rights.

4. Political Democracy is established in India with the help of Fundamental Rights given in the
Constitution of India whereas Economic and Social Democracy is established with the help of
Directive Principles of State Policy.

Choose the correct answer from the below-given options

A) Only statements 3 and 4 are true.

B) All the above-given statements are true.

C) Only statements 2, 3 and 4 are true.

D) Only statements 1, 3 and 4 are true.

Answer: B

Candidates can find the general pattern of the UPSC Exams by visiting the UPSC CSE Syllabus post.

Frequently Asked Questions about Directive Principles of State Policy (DPSP)

Q1

What are the four categories of Directive Principles of State Policy?

Directive Principles of State Policy have been grouped into four categories. These are: (1) the
economic and social principles, (2) the Gandhian principles, (3) Principles and Policies relating to
international peace and security and (4) miscellaneous.

Q2

What are the principles of DPSP?

The expression “Justice- social, economic, political” is sought to be achieved through DPSPs. DPSPs
are incorporated to attain the ultimate ideals of preamble i.e. Justice, Liberty, Equality and fraternity.
Moreover, it also embodies the idea of the welfare state which India was deprived of under colonial
rule
Q3

What is the main aim of the Directive Principles?

The aim of Directive Principles of State Policy is to establish a welfare state.

Q4

How is the Directives Principal of State Policy related to Article 40?

Article 40 of the Constitution which enshrines one of the Directive Principles of State Policy lays
down that the State shall take steps to organize village panchayats and endow them with such
powers and authority as may be necessary to enable them to function as units of self-government.

Q5

How many Articles are there under DPSP?

Directive Principles of State Policy DPSP are mentioned in Part IV of the Indian constitution from
Articles 36 to 51 DPSPs are taken from the Constitution of Ireland.

Q6

What are the three types of directive principles?

The three types of directive principles are as follows 1 Socialist 2 Gandhian 3 Liberal Intellectual.

Relevant Links

IAS Salary Static GK

Difference between Fundamental Rights and Directive Difference between Fundamental Rights and
Principles of State Policy Fundamental Duties

Constitution of India – 13 Major Features Schedules of Indian Constitution – 12 Schedules

Cultural & Educational Rights – Articles 29 & 30 Right to Equality (Article 14 – Article 18)

Important Amendments in Indian Constitution Types of Amendments and Constitutional

Amendment Process in India

Right to Freedom (Articles 19-22) Uniform Civil Code (UCC) – Challenges,

Suggestions & Debate On UCC

Right Against Exploitation (Articles 23 & 24) President of India (Article 52 – Article 62)
 Sources of Indian Constitution Types of Writs in Indian Constitution

Difference between Constitution and Law Difference between Written and Unwritten
Constitution

Functions And Powers- Judicial

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This article provides insights into the Judiciary, the government's third major organ, outlining its
functions, powers, and various types.

India is a democratic country. For the well functioning of our country, we need some bodies which
can govern it. Power is divided into three major bodies. They are executive, legislative, and Judiciary.
This article will focus on the third body, i.e., Judiciary. The functions of the Judiciary are to interpret
laws and settle disputes. It is also called the watchdog of democracy. As the guardian of the
constitution, it takes care of justice. There are three types of Judiciary in India, namely Supreme
Courts, High Courts, and District Courts. In this article, we will also discuss the powers of the
Judiciary in detail.

Also see: UPSC Preparation Books

Functions of Judiciary

The main function of the Judiciary is to interpret laws and settle disputes between peoples. It works
as the protector of the constitution. Some other functions are listed below:

 It takes care of the fundamental rights of the people and protects them

 According to the law, it helps in resolving disputes

 It helps in carrying out the major political decisions

 It ensures that the Constitution is Supreme, and the Judiciary should take all the decisions
according to it

 It plays a prominent role in law-making

 As a watchdog of democracy, it takes care of the proper functioning of the system and
government

 It is responsible for safeguarding the rights of the people

 It also provides advice to the executive and legislative bodies

 Whenever there is a dispute between the state and the central, the Judiciary resolves it

Visit to know more about UPSC Exam Pattern

Powers of Judiciary
The Indian Judiciary has the power to review the existing judgments. This power of the Judiciary is
referred to as the judicial powers. The Judiciary is independent to exercise its power without fear of
anyone. The judges appointed in the courts must be highly qualified and experienced. The judicial
powers are discussed below in detail.

 Original Jurisdiction: When the case’s first hearing is done, it is referred to as having original
jurisdiction

 Appellate Jurisdiction: When the first or the original decision is questioned in the court, it is
known as appellate jurisdiction

 Redress: When the court deals with the damages, it is referred to as redress

 Diversity Jurisdiction: The federal courts can hear cases that involve people from different
states. This type of jurisdiction is known as Diversity Jurisdiction

 Subject Jurisdiction: When the federal courts have jurisdiction over those cases which
involve federal law, then the jurisdiction is the subject

Also read about Tips for UPSC Preparation

Types of Judiciary

There are three types of Judiciary in India, namely Supreme Courts, High Courts, and District Courts.
Let us discuss them one by one in detail.

1. Supreme Court: Supreme Courts are the top most courts. It was established on 28th January
1950. It is known to be the highest court. The decisions taken by it are final until the
president modifies them. If the punishment of the crime is an offence against union law,
granted by the military or court, or the punishment of death, the President of India has the
power to grant pardon. In the Supreme Court, there is one chief justice and a group of thirty-
three judges. Every other court exercises the decisions taken by the Supreme court. The
President of India appoints the Chief Justice.

2. High Court: After the Supreme Court, the most powerful courts are high courts. They are at
the state level and are mainly for resolving state disputes. They also look into the matter of
company law-related cases. In total, there are twenty-five high courts in India. They also look
after the criminal matters if the dispute is not resolved at lower-level courts. The judges of
High court get appointed by the President of India.

3. District Courts: The courts at the district level are referred to as district courts. There are two
types of district courts, namely, Civil courts and criminal courts. The disputes related to
properties or divorces are resolved in civil courts. The disputes among families are resolved
in family courts. The criminal court deals with matters related to crime.

Conclusion

Hence, it is concluded that as the guardian of the constitution, the Judiciary takes care of justice.
There are three types of Judiciary in India. They are Supreme Courts, High Courts, and District Courts.
The Judiciary ensures that the Constitution is Supreme, and the Judiciary should take all the
decisions following it. In this article, we discussed the functions of the Judiciary. We also discussed
the powers of the Judiciary and different types of judicial powers. After reading this article, I hope all
the concepts related to Judiciary will be clear.
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Article 75 of the Indian Constitution mentions that a Prime Minister is one who is appointed by the
President. There is no specific procedure for his election or appointment. 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, the Indian Constitution itself recognizes a Council of Ministers. The topic, ‘Prime
Minister & Council of Ministers’ is important for IAS Exam and its three stages – Prelims, Mains and
Interview.

This article will mention in detail about Prime Minister and Council of Ministers who form an
important part of the Union Executive.

Table of Contents:

Is Prime Minister of India elected or appointed?

Power and Function of Prime Minister

Prime Ministers of India List

Relationship between the Prime Minister and the President of India

Council of Ministers

Prime Minister & Council of Ministers – Indian Polity Notes:-Download PDF Here

Is Prime Minister of India elected or appointed?

President of India appoints a person as the Prime Minister who is either the leader of the party
which holds a majority of seats in the Lok Sabha or is a person who is able to win the confidence of
the Lok Sabha by gaining the support of other political parties. All other ministers are appointed by
the President on the advice of the Prime Minister.

Note: President can also appoint Prime Minister on his own discretion but only when no party has a
clear majority in the Lok Sabha. To get the list of Prime Ministers of India, candidates can check the
linked article.

Power and Function of Prime Minister

Prime Minister of India serves the country by following various functions. He performs his functions
taking responsibilities as:

 The leader of the Country: The Prime Minister of India is the Head of the Government of
India.
  Portfolio allocation: The Prime Minister has the authority to assign portfolios to the
Ministers.

 Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet and presides the
meetings of the Cabinet. He can impose his decision if there is a crucial opinion difference
among the members.

 Official Representative of the country: Prime minister represents the country for high-level
international meetings

 The link between the President and the Cabinet: The Prime Minister acts as the link
between President and cabinet. He communicates all decisions of the Cabinet to the
President which is related to the administration of the affairs of the Union and proposals for
legislation.

 Head: The Prime Minister is the head of Nuclear Command Authority, NITI Aayog,
Appointments Committee of the Cabinet, Department of Atomic Energy, Department of
Space and Ministry of Personnel, Public Grievances and Pensions.

 Chief Advisor: He acts as the chief advisor to the President

Like Prime Minister is the head of Union Parliament, the Chief Minister is the head of state
parliament. Read more about the Chief Minister & Council of Ministers in the linked article

Who is eligible to be a Prime Minister?

To become an Indian prime minister one has to be

 A citizen of India.

 A member of either Rajya Sabha or Lok Sabha

 He should have completed his 30 years if he is a member of the Rajya Sabha or can be 25
years of age if he is a member of the Lok Sabha

Position of the Prime Minister

Right from the days of the first Prime Minister Pandit Jawaharlal Nehru, the Prime Minister is treated
at a much higher pedestal. His preeminence rests on his commanding position in the Cabinet,
coupled with fact that he is the leader of the majority party.

All these positions of power when combined in one person make him rank much above an ordinary
Minister. The death or resignation of the Prime Minister automatically brings about the dissolution of
the Council of Ministers. It generates a vacuum. The demise, resignation or dismissal of a Minister
creates only a vacancy which the Prime Minister may or may not like to fill. The Government cannot
function without a Prime Minister but the absence of a Minister can be easily compensated.

Relationship between the Prime Minister and the President of India

There are a few articles in the Indian Constitution that deal with the relationship both Prime Minister
and the President share with each other. The articles are:

 Article 74

 Article 75
  Article 78

Articles Relationship between Prime Minister and the President

74 Mentions how the Prime Minister and President are both connected with the council of ministers.
The Council with PM as head advise President on various issues.

75 Mentions three things:

 President appoints PM and other ministers are appointed by the President on the advice of
the PM.

 Ministers hold their office during the pleasure of the President.

 Council of Ministers is collectively responsible to the Lok Sabha.

78 PM communicates all decisions made by the council of members to the President. President can
also refer issues for the consideration of the council of members.

To read more on the important articles of the Indian Constitution, aspirants may check the linked
article.

Facts about Indian Prime Ministers for UPSC

Aspirants may like to read a few facts about Prime Ministers which can come useful in UPSC
2024 while writing answers in UPSC Mains. The facts are given in the table below:

Longest-Serving Indian Prime Minister Jawaharlal Nehru (1947 – 1964)

Second Longest-Serving Indian Prime Minister Indira Gandhi

Acting Prime Minister Twice Gulzari Lal Nanda

The first woman Prime Minister to receive the Bharat Ratna Indira Gandhi

First Non-Congress Prime Minister of India Morarji Desai

Indian Prime Minister received Pakistan’s highest civilian award Morarji Desai

Youngest Indian Prime Minister Rajiv Gandhi

 First Prime Minister from South India P.V. Narasimha Rao

First Prime Minister of India who was a member of the Rajya Sabha Indira Gandhi

Second person to be elected as PM for the third time after Nehru Narendra Modi

Council of Ministers

Which articles in the Constitution deal with the Council of Ministers?

Two articles – Article 74 and Article 75 of the Indian Constitution deal with the Council of Ministers.
Where article 74 mentions that the council will be headed by the Prime Minister of India and will aid
and advise the President, article 75 mentions the following things:

 They are appointed by the President on the advice of Prime Minister

 They along with the Prime Minister of India form 15% of the total strength of the lower
house i.e. Lok Sabha. (The number cannot exceed 15%)

 91st Amendment Act provided for the disqualification of the minister when he stands
disqualified as a member of Parliament. (Difference between Lok Sabha and Rajya Sabha can
be referred to in the linked article.)

 A Minister ceased to exist as one if he is not a member of either house of Parliament for six
consecutive months.

 Parliament decides the salary and allowances of the council of ministers.

Is the advice tendered by the Council of Ministers binding on the President?

Yes, the advice is binding on the President and this provision was introduced by the 42nd
Amendment Act 1976 and 44th Amendment Act 1978. The acts also mentioned that the advice given
by the council cannot be inquired into by any court. Read about the 42nd Amendment Act and the
44th Amendment Act in the linked articles given below:

 42nd Amendment Act

 44th Amendment Act

Collective Responsibility of the Council of Ministers

In England, the Cabinet system is based on conventions. The framers of our Constitution considered
it fit to incorporate the system in the Constitution. The principle of collective responsibility finds a
place in Art. 75(3) where it is stated that the Council of Ministers shall be collectively responsible to
the Lok Sabha. In other words, this provision means that a Ministry which loses confidence in the Lok
Sabha is obliged to resign. The loss of confidence is expressed by rejecting a Money Bill or Finance
Bill or any other important policy measure or by passing a motion of no-confidence or rejecting a
motion expressing confidence in the Ministry. When a Ministry loses the confidence of the Lok Sabha
the whole of the Ministry has to resign including those Ministers who are from the Rajya Sabha. The
Ministers fall and stand together. In certain cases, the Ministry may advise the President to dissolve
Lok Sabha and call for fresh elections.
Types of Ministers

The Indian Constitution does not categorize ministers into ranks, however, in practice seen in India,
ministers are of four types:

1. Cabinet Ministers—He is present and he participates in every meeting of the Cabinet.

2. Minister of State with independent charge—He is a Minister of State who does not work
under a Cabinet Minister. When any matter concerning his Department is on the agenda of
the Cabinet, he is invited to attend the meeting.

3. Minister of State—He is a Minister who does not have independent charge of any
Department and works under a Cabinet Minister. The work to such Minister is allotted by his
Cabinet Minister.

4. Deputy Minister—He is a Minister who works under a Cabinet Minister or a Minister of State
with independent charge. His work is allotted by the Minister under whom he is working.

The Prime Minister is also an important static GK topic. For information on various static GK
topics check the article linked here.

Prime Minister & Council of Ministers – Indian Polity Notes:-Download PDF Here

Relevant Articles:

Directive Principles of State Policy Fundamental Duties

Money Bill Private Member Bill

Sources of Indian Constitution How a bill is passed in Indian Parliament

List of Vice-Presidents of India List of Cabinet Ministers of India

Frequently Asked Questions on Prime Minister and Council of Ministers

Q1

Q 1. Who appoints the Prime Minister and the Council of Ministers?

Ans. The Prime Minister is appointed by the President of the country and the Council of Ministers are
also appointed by the President based on the advice of the Prime Minister. The Council is collectively
responsible to the Lok Sabha.

Q2

Q 2. What is Council of Ministers of state?

Ans. The State Council of Ministers is the real executive of the state. The Governor acts as the
constitutional executive head of a state and the Constitution provides for each state a Council of
Ministers with the Chief Minister as its head for aiding and advising the Governor in the exercise of
his functions.

Q3

Q 3. What are the different types of Ministers as per the Indian Constitution?

Ans. As per the Indian constitution, the Ministers are not divided based on their ranks but in practice
in India. There are four types of Ministers:

 Cabinet Ministers

 Minister of State with independent charge

 Minister of State

 Deputy Manager

Q4

Q 4. Who administers the oath of office to the Council of Ministers?

Ans. The President of India administers the oath of office to the Council of Ministers.

Q5

Q 5. What are the powers of the Council of Ministers?

Ans. The powers of the Council of Ministers include:

 Formulation of policies

 Administering and Maintaining Public order

 To aid and advice the President

 Execution of laws and decisions passed by the Union Government

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As a real executive authority, the Chief Minister is called the head of the government. He is assisted
by his council of ministers who are a part of state executive along with Governor and Advocate-
General of State. Similar to Prime Minister who is the head of the government at the centre, the
Chief Minister is the head of the government at the state level. The topic, ‘Chief Minister and Council
of Ministers’ is important for IAS Exam as it forms an important part of Indian Polity.

In this article, aspirants can find details about the Chief Minister and Council of Ministers, important
for UPSC Prelims, Mains GS-II and Political Science optional paper.

Who is called a Chief Minister?

He is the head of the state government. While the governor is the nominal executive of the state
government, the person who becomes the chief minister is the real executive of the government.
The real executive is called ‘de facto’ executive that means, ‘in fact, whether by right or not.’
Check the list of Chief Ministers of Indian states in the linked article.

How is a Chief Minister appointed?

Just like the Prime Minister, provisions of whose appointment are not mentioned in the Indian
Constitution, Chief Minister’s appointment particulars are not mentioned in the Constitution.
According to Article 164 in the Indian Constitution, Governor appoints Chief Minister. However, the
Governor cannot appoint any random person as the Chief Minister but has to follow a provision.

A leader of the party that has got the majority share of votes in the assembly elections, is appointed
as the Chief Minister of the state.

Note:

When no party gets a majority in the elections, governor exercises his own discretion and appoint a
Chief Minister accordingly.

In a case where no party has won the majority votes, Governor appoints the member of the largest
party or one from the coalition (if occurs) as the Chief Minister and then he is given 1 month time to
prove confidence in the house.

If the incumbent dies in the office, Governor at his own discretion can appoint a Chief Minister
however, the ruling party nominates a member and Governor usually appoints that person as the
Chief Minister. This person then has to prove confidence within a specified time.

A person not belonging to either house (Legislative Assembly & Council) can also be appointed as the
Chief Minister, however, within six months of his tenure as a CM he should be elected to either
house without which he ceases to be a CM.

Chief Minister can belong to any house in the State Legislature.

What is the term of Chief Minister’s office?

Aspirants should clearly understand that the term of Chief Minister is not fixed and he holds his
office during the pleasure of the governor.

Note:

Governor cannot remove him any time.

Governor cannot even dismiss him till the time he enjoys the support of the majority of the house.

When CM loses his majority support, he has to resign and Governor dismisses him then.

What is the main function of the Chief Minister?

The CM of the state performs functions in relation to the different categories of people:

In relation to the Council of Ministers

In relation to the Governor

In relation to the State Legislature

Other than that, he also performs the following functions:

He chairs the State Planning Board

He is a vice-chairperson of the concerned zonal council by rotation, holding that office for a period of
one year at a time

He is a member of Inter-State Council and National Development Council which are headed by the
Prime Minister.

In Relation to the Council of Ministers

The Chief Minister is the head of state council of ministers. He performs the following functions:

He recommends to the governor on who to appoint as ministers

He designates or reshuffles the portfolios of the ministers

He can ask a minister to resign

Meeting of the council of ministers is headed by him

All activities of the ministers are guided and controlled by the Chief Minister

If he resigns, the entire council of ministers collapses.

Note: If the CM dies (or resigns), the council automatically dissolves.

Read in detail the difference between Cabinet and Council of Ministers, on the linked page.

In Relation to the Governor

In relation to the governor, the Chief Minister performs the following functions:

All the activities, decisions that are taken up by the council of ministers are communicated to the
governor by the chief minister

To report to the governor, information about the administrative affairs if and when asked by the
governor
If any minister has decided on any issue, the same has to be reported to the Governor by the Chief
Minister when the same has not been considered by the council.

He gives his advice to the governor for the appointment of the following persons:

Advocate-General

Chairman of state public service commission

The state election commission, etc.

In Relation to the State Legislature

He is the leader of the house and holding this position, he performs the following functions:

Before a governor prorogues and summons the sessions of the state legislature, the Chief Minister’s
advice is a must

Legislative Assembly can be dissolved at any time on his recommendation to the governor

All government policies are announced by him on the floor of the house.

Chief Minister and the Governor

The relationship between the Chief Minister of the state and the state’s governor has always been in
the news. The debate on the authority of the respective posts has made the rounds throughout. IAS
aspirants will understand the dynamics shared by the CM and the Governor by following the details
given below:

Article 163 The governor is advised by the council of ministers which is headed by the Chief
Minister.

Note: When the governor acts at his own discretion, no advice is needed by the council

Article 164 Governor appoints Chief Minister and later Chief Minister recommends Governor on
the appointment of ministers

Article 167 Chief Minister has to communicate all administrative decisions that are taken up by
him and the council of ministers to the governor

Who are State Council of Ministers

State Council of Ministers is similar to Central Council of Ministers. The state council is headed by the
Chief Minister. The council comprises ministers appointed by the governor on the recommendation
of the CM.

How are the Council of Ministers appointed?

They are appointed by the governor on the advice of the CM. Governor also appoints a tribal affairs
minister for the following states:
Chhattisgarh

Jharkhand

Madhya Pradesh

Odisha

Note: Bihar was also one of the states to have tribal affairs minister, however, 94th Amendment Act
2006 freed Bihar from this obligation. (Read other important amendments of the Indian Constitution
in the linked article.)

Difference between Lok Sabha and Rajya Sabha Rajya Sabha

Difference between a Unicameral Legislature and a Bicameral Legislature How a bill is passed
in the Indian Parliament

Prime Minister & Council of Ministers Vice-President

Ordinance Making Power of President & Governor Directive Principles of State Policy

Important articles in the Indian Constitution Constitutional Discretion of Governor

Composition of Council of Ministers

The size of the council is not mentioned in the Indian Constitution. Chief Minister decides the size
and the rank of the ministers as per the requirement in the State Legislature.

There are three categories of Council of Ministers:

Cabinet Ministers

Ministers of State

Deputy Ministers

Check out the updated list of Cabinet Ministers of India on the linked page.

Collective Responsibility

The provision of collective responsibility is dealt with by Article 164. The Article mentions that the
council of ministers are collectively responsible to the state legislature. (To read more about the
important articles in the Indian Constitution, refer to the linked article.) This means that all the
ministers own joint responsibility to the legislative assembly for all their acts of omission and
commission.

Note:
When the legislative assembly passed a no-confidence motion against the council, all the ministers of
the council have to resign including those belonging to Legislative Council too.

The council of ministers can advise the governor to dissolve the legislative assembly on the ground
that the House does not represent the views of the electorate faithfully and call for fresh elections.
The governor may not oblige the council of ministers which has lost the confidence of the legislative
assembly.

Articles related to State Council of Ministers

The following articles of the Indian Constitution are important to be read by the aspirants for UPSC
2024. These articles are attached to the council of ministers. Refer to these in the table given below:

Articles Provision

163 Council of Ministers to aid and advise Governor

164 Other provisions as to Ministers

166 Conduct of business of the Government of a State

167 Duties of Chief Minister as respects the furnishing of information to Governor, etc.

Chief Minister & Council of Ministers – Indian Polity Notes:-

Frequently Asked Questions on Chief Minister and Council of Ministers

Q1

Q 1. Who are the Council of Ministers?

Ans. The State Council of Ministers is headed by the Chief Minister and they are collectively
responsible to the state legislature.

Q2

Q 2. Which House of the parliament controls the Council of Ministers?

Ans. The Lok Sabha controls the Council of Ministers.

Related Links:

Sources of Indian Constitution 42nd Amendment Act

44th Amendment Act Money Bill

Lapsing of Bills Private Member Bill

The Governor of state, unlike the President of India, is conferred with power to act at his own
discretion. There are two categories of discretion for the governor. One is Constitutional Discretion
and the other is Situational Discretion. The topic, ‘Constitutional Discretion of Governor’ is important
for IAS Exam and its three stages – Prelims, Mains and Interview.

This article will mention the details about the Constitutional Discretion of the Governor. Aspirants
may also download the Governor’s Discretion notes PDF.

Constitutional Discretion of Governor – Indian Polity Notes:-Download PDF Here

Constitutional Discretion Of Governor

The decisions can be taken by the governor’s discretion which is categorized into two parts:

1. Constitutional

2. Situational

Constitutional Discretion of Governor

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The Governors of states can act at their constitutional discretion in the following instances:

1. When they have to reserve the bill for the consideration of the President of India, Governors
can decide on their own without the advice of the Council of Ministers

2. When he has to recommend for the President’s rule in the state, he can act at his own
discretion

3. When he is given an additional charge as the administrator of the Union Territory, he can
take actions at his own discretion

4. When he has to determine the amount payable by the Government of Assam, Meghalaya,
Tripura, and Mizoram to an autonomous Tribal District Council as royalty accruing from
licenses for mineral exploration

5. When he calls upon the Chief Minister to seek information regarding administrative and
legislative affairs

Situational Discretion of the Governor

The Governors of states can act at their situational discretion in the following instances:

1. When he has to appoint a Chief Minister after no party has a clear majority in the election or
when the incumbent dies in the office

2. When he dismisses the council of ministers on an inability to prove confidence in the state
legislative assembly

3. When he dissolves the state legislative assembly on time when it loses its majority

The other situations where the governor, though has to consult the council of ministers but finally
can act at his own discretion are:

1. When he has to establish separate development boards for Vidarbha and Marathwada in
Maharashtra

2. When he has to establish separate development boards for Saurashtra and Kutch in Gujarat
 3. With respect to law and order in the state for so long as the internal disturbance in the Naga
Hills–Tuensang Area continues in Nagaland

4. With respect to the administration of tribal areas in Assam

5. Regarding the administration of the hill areas in Manipur

6. For peace and social and economic advancement of the different sections of the population
in Sikkim

7. With respect to law and order in Arunachal Pradesh

8. When he has to establish separate development boards for the Hyderabad-Karnataka region
in Karnataka

The key takeaway points from the above article are:

 Governor’s discretion is constitutionally valid.

 Governor is not binded by the advice of a council of ministers when there is any action taken
at his discretion

 There can be the same governor for two or more states as provided by 7th Constitutional
Amendment Act, 1956. (read about important amendments in the Indian Constitution in the
linked article.)

Constitutional Discretion of Governor – Indian Polity Notes:-Download PDF Here

Frequently Asked Questions on Discretion of Governor

Q1

Q 1. What are the discretionary powers of a Governor?

Ans. The Governor of the state is conferred with power to act at his own discretion. Governor is not
binded by the advice of a council of ministers when there is any action taken at his discretion and
Governor’s discretion is constitutionally valid.

Q2

Q 2. What are the two types of Discretion of the Governor?

Ans. The two categories of discretion for the Governor are Constitutional Discretion and Situational
Discretion.

Also Read:

42nd Amendment Act 44th Amendment Act

Protection of President, Governors and Rajpramukhs Difference between Lok Sabha and Rajya Sabha

President of India (Article 52-62) Vice President of India

Parliament of India comprises President, Lok Sabha (Lower House) and Rajya Sabha (Upper House.)
Lok Sabha is called House of People while Rajya Sabha is called the Council of States. The names, ‘Lok
Sabha’ &’ ‘Rajya Sabha’ were adopted in 1954 by the Indian Parliament. Article 79-122 in the Indian
Constitution deals with the Indian Parliament. The two houses of parliament are different from each
other in many aspects and hence this topic ‘ Difference between Lok Sabha & Rajya Sabha’ becomes
important for IAS Exam and its three stages – Prelims, Mains and Interview.

Difference between Lok Sabha and Rajya Sabha – Indian Polity Notes
Download PDF Here

This article will mention the differences between Lower House i.e. Lok Sabha and the upper house
i.e. the Rajya Sabha. Understanding the conceptual difference between Rajya Sabha and Lok Sabha
will act as a yardstick for UPSC aspirants for UPSC Mains GS-II exam and also for the Political Science
subject which is an optional paper in the civil services examination.

Difference between Rajya Sabha and Lok Sabha – Indian Polity Notes:-Download PDF Here

What is the main difference between Lok Sabha and Rajya Sabha?

The major points of difference between Rajya Sabha and Lok Sabha or the upper house and lower
house of the Parliament are given in brief in the table below. This information is important from
the UPSC CSE perspective:

Comparison between Lok Sabha and Rajya Sabha

Difference Lok Sabha Rajya Sabha

What it is called? House of People Council of States

What is the House of People, where people who are Council of States, where the
meaning of the qualified to vote can elect their representatives are indirectly elected by
name? representative by way of direct elections the elected representative of the
Assemblies of States and Union Territories

What is the tenure It continues for 5 years It is a permanent body.

of the house?
Note: It can be dissolved earlier by passing
no-confidence motion

Who heads the Speaker Vice President of India as the Chairman of

house? the house
 What is the 25 years 30 years
minimum age to
become a
member?

What is the 552 members 250 members

strength of the
house?

What are the All bills originate in Lok Sabha mostly and Rajya Sabha has special powers to protect
functions of the after passing through Rajya Sabha, they the states’ rights against the Union.
house? are returned for Lok Sabha approval. It
plays a major role in legislation.

Questions related to the differences between Lok Sabha and Rajya Sabha for UPSC

When an aspirant reads about the Indian Parliament for the first time, he/she may get a little
confused between the two houses given their composition, tenure and functions. Below, we will
answer all those questions related to the difference between Rajya Sabha and Lok Sabha reading
which aspirants will get clarity conceptually for the UPSC 2024 examination.

The set of questions relevant from UPSC exam are given below:

Who is more powerful between Lok Sabha and Rajya Sabha?

Lok Sabha and Rajya Sabha along with the President together make up the Parliament. Both houses
have been conferred with powers. However, there is a slight difference between the powers of both.
Lok Sabha is more powerful than Rajya Sabha on specific matters which are given below:

 Lok Sabha can express a lack of confidence in the government by following ways which Rajya
Sabha cannot:

 By not passing a motion of thanks on the President’s inaugural address

 By rejecting a money bill (To read on how a bill is passed in Indian Parliament, check
the linked article.)

 By passing a censure motion or an adjournment motion

 By defeating the government on a vital issue

 By passing a cut motion

 Note: Rajya Sabha, however, can criticize the acts and policies of the government.

 Money Bill under Article 110 can only be introduced in Lok Sabha. (Aspirants can read more
about Money Bill in the linked article.)

 Financial Bill under Article 110 (1) can also be introduced only in the Lok Sabha

 Note: The powers with the passage of the bill, however, are the same
  Speaker of Lok Sabha decides which bill is Money Bill and the same power is not given to the
chairman of Rajya Sabha

 In case of a joint sitting of both houses, Lok Sabha with the greater number always wins

 With respect to the union budget, Rajya Sabha can only discuss the budget and cannot vote
on the demands for grants

How many members are there in Lok Sabha and Rajya Sabha?

The composition of both the houses is given below:

Composition of Lok Sabha Composition of Rajya Sabha

Maximum 530 represent the States Maximum 238 elected indirectly and are
Strength – 552 Strength – 250 representatives of States and
Union Territories

20 are the representatives of Union 12 are nominated by the

Territories President

2 are nominated by the Current 233 represent states and Union

President from Anglo-Indian strength – 245 Territories
Community

Current 530 represent States –

Strength – 545

13 represent Union Territories 12 are nominated by President

2 are nominated by the President –

from Anglo-Indian Community

How are members elected in Lok Sabha and Rajya Sabha?

The principle of election for both houses is different. There are three kinds of representation in both
the houses:

 Representation of States

 Representation of Union Territories

 Nominated Members

Difference between Lok Sabha and Rajya Sabha w.r.t Representation of States
Lok Sabha Rajya Sabha

 Members are directly elected by the people  Members are elected by the elected members
from the territorial constituencies in the of state legislative assemblies
states
 Election Principle used – Proportional
 Election Principle used – Universal Adult Representation by means of Single
Franchise Transferable Vote

 Eligibility to Vote: Any Indian Citizen  Allotment of Seats – On the basis of

of/above 18 years of age population

Note: Voting age was reduced from 21 to 18 years Note: Number of representatives varies from state to
by the 61st Constitutional Amendment Act, 1988 state

Difference between Rajya Sabha and Lok Sabha w.r.t Representation of Union
Territories

Lok Sabha Rajya Sabha

 Parliament is empowered to choose the members  Members are indirectly elected by

from the UTs in any manner it desires members of an electoral college
specially constituted for the purpose
 Election Principle used – Direct Election
 Election Principle used – Proportional
Note: Union Territories (Direct Election to the House of the
Representation by means of Single
People) Act, 1965, has been enacted by which the members
Transferable Vote
of Lok Sabha from the union territories are chosen by direct
election. Note: Out of eight UTs, Delhi, Jammu &
Kashmir, and Puducherry have representation
in Rajya Sabha

Difference between Lok Sabha and Rajya Sabha w.r.t Representation of

Nominated Members

Lok Sabha Rajya Sabha

President nominates 2 members from Anglo-Indian President nominates 12 members from people who
Community if they are not adequately represented special knowledge and practical experience in :

Note: The provision to nominate Anglo-Indians was  Art

extended till 2020 by 95th Amendment Act, 2009
 Literature
  Science

 Social Service

Furthermore, aspirants must also carefully review the civil services syllabus and exam pattern for a
better understanding of the examination and accordingly chalk out the preparation strategy.

To learn about the best strategy to be followed that can help in guiding through the exam
preparation, candidates can refer to the UPSC topper list and check out their success stories.

UPSC Questions related to difference between Rajya Sabha and Lok Sabha

Q1

What is the power of Rajya Sabha w.r.t. Money Bill?

Rajya Sabha cannot amend or reject the bill. It has to return the bill with or without amendments. It
has no specific power concerning money bill. (To read more on Money Bill, check the linked article.)

Q2

Can Rajya Sabha dissolve similar to Lok Sabha and what is the effect of dissolution?

Rajya Sabha, being a permanent house, does not get dissolved. However, Lok Sabha on losing the
confidence dissolves and various bills lapse. (Check the article Lapsing of Bills to know more about it.)

Q3

How many members are nominated in Lok Sabha and Rajya Sabha?

12 members are nominated in Rajya Sabha. 2 are nominated from the Anglo-Indian community in
Lok Sabha.

Q4

Who chairs Lok Sabha and Rajya Sabha?

Lok Sabha is chaired by the Speaker and Rajya Sabha is chaired by the Vice-President of India.

Relevant Articles:

42nd Amendment Act 44th Amendment Act

Sources of Indian Constitution Directive Principles of State Policy

Fundamental Duties Parliamentary Committees

Types of Writs in India Private Member Bill

Indian Constitution came into existence on 26th November 1949. The Constituent Assembly of India
drafted the constitution considering features of constitutions of the other countries as well as from
the Government of India Act 1935. There are various sources of Indian constitution for some features
of it are borrowed.

Sources of Indian Constitution – Indian Polity Notes

https://byjus.com/free-ias-prep/sources-of-indian-constitution/
Download PDF Here

There was no hesitation to learn from the experiences of other nations, hence, the Indian
Constitution has various features that are borrowed from other nations.

The topic ‘Sources of Indian Constitution’ is important for IAS Exam and its three stages- Prelims,
Mains and Interview. Even if questions are not asked from this particular section in the past, knowing
the sources of Indian Constitution will help aspirants write well for their Mains GS Paper-II for
political science subject, and optional papers.

Indian Constitution has absorbed those features from other nations’ constitutions that suited Indian
problems and aspirations. Constituent Assembly took the best of features from everywhere and
made them its own.

Our constitution has features taken from the Government of India Act, 1935. Those features are:

 Federal Scheme

 Office of governor

 Judiciary

 Public Service Commissions

 Emergency provisions

 Administrative details

The other borrowed provisions from different countries and details of those are given in the table
below:

S.No Countries Borrowed Features of Indian Constitution

1. Australia  Concurrent list

 Freedom of trade, commerce and intercourse

 Joint-sitting of the two Houses of Parliament

2. Canada  Federation with a strong Centre

  Vesting of residuary powers in the Centre

 Appointment of state governors by the Centre

 Advisory jurisdiction of the Supreme Court

3. Ireland  Directive Principles of State Policy

 Nomination of members to Rajya Sabha

 Method of election of the president

4. Japan  Procedure Established by law

5. Soviet Union (USSR) (now,  Fundamental duties

Russia)
 Ideals of justice (social, economic and political) in
the Preamble

6. UK  Parliamentary government

 Rule of Law

 Legislative procedure

 Single Citizenship

 Cabinet system

 Prerogative writs

 Parliamentary privileges

 Bicameralism

7. US  Fundamental rights

 Independence of judiciary

 Judicial review

 Impeachment of the president

 Removal of Supreme Court and High Court judges

 Post of vice-president

8. Germany (Weimar)  Suspension of Fundamental Rights during emergency

 9. South Africa  Procedure for amendment in the Indian Constitution

 Election of members of Rajya Sabha

10. France  Republic

 Ideals of liberty, equality and fraternity in the Preamble

The topic is important for UPSC 2024 and IAS aspirants preparing this exam must read it carefully and
prepare notes accordingly.

Is Indian Constitution a Borrowed Bag?

Indian Constitution is a unique document drafted after a hard work of three years of the constituent
assembly. Though some features of the Indian constitution are borrowed from other nations, it is still
wrong to say that it is a bag of borrowing.

Reasons to not call the Indian Constitution a bag of borrowing are given below:

 There are various provisions borrowed from other nations but they are absorbed in the
Indian Constitution to suit its polity and governance. They are not exactly copied.

 Indian Constitution is the most detailed constitution of the world. Where the American
Constitution has only seven articles, Australian Constitution 128 articles, Indian Constitution
originally consisted of 395 articles which have now increased to 448 articles.

 Indian Constitution is unique in its content and spirit.

 It is drafted considering the historical perspective of Indian Nationalist struggles, the

geographical diversity of India, and its traditional and characteristics which are totally
different from any other nation.

Sources of Indian Constitution – Indian Polity Notes

Download PDF Here

UPSC Questions related to Sources of Indian Constitution

Q1

Directive Principle of State Policies are borrowed from which constitution?

Directive Principles of State Policies are borrowed from the Irish Constitution. To read more about
the Directive Principles of State Policies, check the linked article.

Q2

Which provision has been borrowed by Weimar Constitution>

Suspension of Fundamental Rights during an emergency.

Q3

From where, the ideals of justice (social, economic, political) in the Indian Preamble taken?

These were taken from the Soviet Constitution, now Russia.

Q4

Concept of Public Service Commissions is borrowed from which government act in the Indian
Constitution?

Government of India Act 1935 (To read more about the Public Service Commission, check the linked
article.)

Relevant Articles:

UPSC Mains 42nd Amendment Act of India 44th Amendment Act of

India

Important Articles in Constitution of How a Bill is passed in Indian Lapsing of Bills

India Parliament

The Swaran Singh Committee in 1976 recommended Fundamental Duties, the necessity of which was
felt during the internal emergency of 1975-77. The 42nd Amendment Act of 1976 added 10
Fundamental Duties to the Indian Constitution. The 86th Amendment Act 2002 later added the 11th
Fundamental Duty to the list.

Fundamental Duties – Indian Polity Notes

Download PDF Here

The Fundamental Duties are dealt with in Article 51A under Part-IV A of the Indian Constitution. The
topic is important for IAS Exam as questions are recurring in all its three stages – Prelims, Mains and
Interview.

The fundamental duties which were added by the 42nd Amendment Act of the Constitution in 1976,
in addition to creating and promoting culture, also strengthen the hands of the legislature in
enforcing these duties vis-a-vis the fundamental rights.

The list of 11 Fundamental Duties under Article 51-A to be obeyed by every Indian citizen is given in
the table below:

S.No 11 Fundamental Duties

1. Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the
National Anthem

2. Cherish and follow the noble ideals that inspired the national struggle for freedom

3. Uphold and protect the sovereignty, unity and integrity of India

 4. Defend the country and render national service when called upon to do so

5. Promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities and to renounce practices
derogatory to the dignity of women

6. Value and preserve the rich heritage of the country’s composite culture

7. Protect and improve the natural environment including forests, lakes, rivers and wildlife and to have
compassion for living creatures

8. Develop scientific temper, humanism and the spirit of inquiry and reform

9. Safeguard public property and to abjure violence

10. Strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavour and achievement

11. Provide opportunities for education to his child or ward between the age of six and fourteen
years. (This duty was added by the 86th Constitutional Amendment Act, 2002)

The Fundamental Duties form an important topic for IAS Prelims as can be seen from the past years’
question papers. Aspirants preparing for UPSC 2024 are advised to cover the topic with all facts and
figures. The topic once understood can fetch you a great score in prelims and mains both.

Importance of Fundamental Duties – Part IV-A

Fundamental Duties are an inalienable part of fundamental rights. The importance of these are given
in the table below:

S.No Importance of Fundamental Duties

1. They remind Indian Citizens of their duty towards their society, fellow citizens and the nation

2. They warn citizens against anti-national and anti-social activities

3. They inspire citizens & promote a sense of discipline and commitment among them
 4. They help the courts in examining and determining the constitutional validity of a law

Criticism of Fundamental Duties

The Fundamental Duties mentioned in Part IVA of the Constitution have been criticized on the
following grounds:

 They have been described by critics as a code of moral precepts due to their non-justiciable
character. Their inclusion in the Constitution was described by the critics as superfluous. This
is because the duties included in the Constitution as fundamental would be performed by
the people even though they were not incorporated into the Constitution.

 Some of the duties are vague, ambiguous and difficult to be understood by the common
man.

 The list of duties is not exhaustive as it does not cover other important duties like casting
votes, paying taxes, family planning and so on. In fact, the duty to pay taxes was
recommended by the Swaran Singh Committee.

 The critics said that the inclusion of fundamental duties as an appendage to Part IV of the
Constitution has reduced their value and significance. They should have been added after
Part III so as to keep them on par with Fundamental Rights.

 Swaran Singh’s Committee recommended more than 10 Fundamental Duties, however, not
all were included in the Constitution. Those duties recommended by the committee which
were not accepted were:

1. Citizens to be penalized/punished by the parliament for any non-compliance with or

refusal to observe any of the duties.

2. The punishments/penalties decided by the Parliament shall not be called in question

in any court on the ground of infringement of any of Fundamental Rights or on the
ground of repugnancy to any other provision of the Constitution.

3. Duty to pay taxes.

Facts about Fundamental Duties for UPSC:

 Fundamental Duties are categorized into two – Moral Duty & Civic Duty

1. Moral Duty: cherishing noble ideals of freedom struggle

2. Civic Duty: respecting the Constitution, National Flag and National Anthem

 They essentially contain just a codification of tasks integral to the Indian way of life.

 The Fundamental Duties are confined to Indian citizens only and do not extend to foreigners,
unlike a few Fundamental Rights.

 They are also nonjusticiable similar to the Directive Principles of State Policy.

 There is no legal sanction against their violation.

This Fundamental Duty article will be helpful for the aspirants for the upcoming UPSC
Prelims examination. Download the fundamental duties’ notes PDF from the link given below:
Fundamental Duties-Indian Polity Notes
Download PDF Here

Aspirants looking forward to appearing for the upcoming civil services exam must skip the wait for
the UPSC admit card and kickstart their preparation now as the syllabus is comprehensive and not
much can be left for last-minute preparations.

From the perspective of UPSC CSE, the latest events of importance focussing on the violation or
fulfilment of fundamental rights are asked as a part of current affairs in the prelims or mains
examination. Thus candidates must also be prepared accordingly.

Also, review the UPSC Mains Syllabus carefully and look for aspects of questions based on the given
topic in the final exam. For any further details, study material or preparation tips, turn to BYJU’S for
assistance.

UPSC Questions related to Fundamental Duties

Q1

Which Fundamental Duty was added by the 86th Amendment Act?

The Fundamental Duty added by the 86th amendment act directs citizens to provide opportunities
for education to his child or ward between the age of six and fourteen years.

Q2

Which Committee proposed to add Fundamental Duties in the Indian Constitution?

Swaran Singh Committee in 1976 recommended Fundamental Duties to be added in the constitution

Q3

Which amendment act added 10 Fundamental Duties in the Indian Constitution?

42nd Amendment Act, 1976 added 10 Fundamental Duties

Q4

Fundamental Duties are added under which part of the Indian Constitution?

They are added under Part-IV-A of the Constitution.

Q5

Why are the Fundamental Duties important for a citizen?

Fundamental duties are important because:

 They remind Indian Citizens of their duty towards their society, fellow citizens and the nation

 They warn citizens against anti-national and anti-social activities

 They inspire citizens & promote a sense of discipline and commitment among them

 They help the courts in examining and determining the constitutional validity of a law

Q6

Fundamental Duties are added under which part of the Indian Constitution?
They are added under Part-IV-A of the Constitution.

An ordinance is a law that is promulgated by the President of India only when the Indian parliament
is not in session. President promulgates an ordinance on the recommendation of the union cabinet.
Similarly, the Governor of Indian states can also initiate ordinances only when a legislative assembly
is not in session when it is a unicameral legislature and when legislative assembly along with
legislative council both are not in session when it is the bicameral legislature.

The topic ‘Ordinance Making Power of Executive’ is important for IAS Exam and its three stages –
Prelims, Mains (GS-II) and Interview. This article will talk in detail about the ordinance making power
of the President and the ordinance making power of the governor. It will also put forward the
comparison between the ordinance making power of both the president and governor.

Ordinance Making Power of President & Governor – Polity Notes:-Download PDF Here

Latest News related to Ordinance-

1. The Punjab Assembly passed a resolution and rejected the Centre’s recent farm ordinances
and the proposed Electricity (Amendment) Bill 2020.

 The Farm ordinances were a part of the third portion of the economic package
announced under Atmanirbhar Bharat Abhiyan to counter Covid-19 pandemic.
Candidates can know more about Atmanirchar Bharat Abhiyan on the linked page.

 It is expected to allow free movement of agricultural produce between states and let
the farmers decide to whom they want to sell their crops

 The Ordinance included –

 Farmers’ Produce Trade and Commerce (Promotion and Facilitation)

Ordinance, 2020

 Farmers (Empowerment and Protection) Agreement on Price Assurance and

Farm Services Ordinance, 2020

 Essential Commodities (Amendment) Ordinance, 2020.

 The Electricity (Amendment) Bill 2020 centralizes the power sector through the
establishment of the Electricity Contract Enforcement Authority.

Aspirants can read more on Farm Act 2020 on the linked page.

What is the Meaning of Ordinance?

Ordinances are like a law but not enacted by the Parliament but rather promulgated by President of
India when Lok Sabha and Rajya Sabha or either of those is not in session. Union Cabinet’s
recommendation is a must for an ordinance to be promulgated. Using ordinances, immediate
legislative actions can be taken.

Note: For an ordinance to exist, it should be approved by the Parliament within six weeks of it being
introduced. Parliament is required to sit within 6 weeks from when Ordinance was introduced.

Aspirants can check out the following links of relevant articles that will be helpful in the preparation
of upcoming UPSC examinations –
 Agricultural Produce Market Love Jihad Laws Explained Indian Ordnance Factories
Committee (APMC) Service (IOFS)

President of India (Article 52-62) What is Uniform Civil Code in Supreme Court judgments
India

Governor – Appointment, Term, Separation of Powers in the Indian Important acts that
Functions & Discretion Constitution transformed India

What is Ordinance Making Power of Executive?

Ordinance Making Power of President

Article 123 deals with the ordinance-making power of the President. President has many legislative
powers and this power is one of them.

Details about President’s ordinance-making power are given in the table below:

President’s Ordinance Making Power

He can only promulgate the ordinance under these circumstances:

 When both the houses or either of the house is not in session

 Circumstances occur where the President thinks it necessary to act without waiting for houses to
assemble

An ordinance can be retrospective in nature

An ordinance rolled out when both the houses are in session is void in nature

The Parliament has to approve the ordinance within six weeks of its reassembly

Acts, done and completed under the ordinance before it lapses, remain fully active

Unlike the Indian Constitution, most of the democratic constitutions of the world don’t give such ordinance
making power to their President

It has no connection with the President’s power to proclaim a national emergency

 The power of ordinance-making is not to be taken as a substitute for legislative power. Only under special
circumstances, ordinances can be rolled out

President’s power to roll out ordinances is justiciable on the ground of malafide

What are the limitations of the ordinance-making power of the President?

There are the following limitations:

1. President can promulgate an ordinance only when both the houses are not in session or only
one house is in session.

2. For an ordinance to be promulgated, such circumstances should be there which deem it

necessary for President to legislate through the ordinance

Note: In RC Cooper vs. Union of India (1970) the Supreme Court, while examining the
constitutionality of the Banking Companies (Acquisition of Undertakings) Ordinance, 1969 which
sought to nationalise 14 of India’s largest commercial banks, held that the President’s decision could
be challenged on the grounds that ‘immediate action’ was not required; and the Ordinance had been
passed primarily to by-pass debate and discussion in the legislature.

38th Amendment Act inserted a new clause (4) in Article 123 stating that the President’s satisfaction
while promulgating an Ordinance was final and could not be questioned in any court on any ground.
however, the 44th Amendment to Indian Constitution reversed it and made the President’s
satisfaction to bring ordinance justiciable.

1. Ordinances can be introduced only on those subjects on which the Indian Parliament can
make laws.

2. Ordinances can not take away any rights of citizens that are guaranteed by the Fundamental
Rights of the Indian Constitution.

3. Ordinance ceases to exist if parliament takes no action within six weeks from its reassembly

4. Ordinance also stands void if both the houses pass a resolution disapproving the ordinance

Note: The maximum life of an ordinance can be six months and six weeks.

The ordinance-making power of the President is important for UPSC 2024 and candidates may also
learn the comparison between the ordinance-making power of the President and Governor.

Comparison between Ordinance Making Power of President and Governor

Article 213 deals with the power of the Governor to legislate through ordinances. His power of
ordinance making is quite similar to the President’s power. The comparisons between these two
w.r.t. Ordinance making is given below:

Ordinance Making Power of President Ordinance Making Power of Governor

He can promulgate ordinance when He can promulgate ordinance when the Legislative Assembly is not
 either Lok Sabha or Rajya Sabha is not in session in case of the unicameral legislature or when both
in session or if both are not in session Legislative assembly and council are not in session in case of a
bicameral legislature

He can roll-out an ordinance for only He can roll-out an ordinance for only those matters on which state
those matters on which Parliament (Lok legislature can make laws
Sabha & Rajya Sabha) can make laws

His ordinances have the same effect on His ordinances have the same effect on policies as state’s acts will
policies as parliament’s acts will have have. If his ordinance legislates on matters which state
government has no power on, the ordinance stands null and void

The ordinance introduced by him can The ordinance introduced by him can be withdrawn anytime
be withdrawn anytime

His power to promulgate ordinance is His power to promulgate ordinance is not a discretionary power.
not a discretionary power. Council of Council of Ministers’ (headed by CM) advice is a pre-requisite
Ministers’ (headed by PM) advice is a
pre-requisite

No instructions are needed by President’s instructions on the following three cases are must:
President’s when he promulgates an
 If a bill containing the same provisions would have
ordinance
required the previous sanction of the President for its
introduction into the state legislature

 If he would have deemed it necessary to reserve a bill

containing the same provisions for the consideration of
the President

 If an act of the state legislature containing the same

provisions would have been invalid without receiving the
President’s assent

Repromulgation of Ordinance

 In Krishna Kumar Singh and Another v. State of Bihar 2017, the Supreme Court examined a
case where the state of Bihar re-promulgated an Ordinance several times without placing it
before the legislature.

 A seven-judge Bench of the court reiterated that legislation should normally be

done by the legislature, and the Governor’s power to issue an Ordinance is in
the nature of emergency power.
  The court clarified that there might be circumstances permitting the re-
promulgation of an Ordinance. However, it said, repeated re-promulgations without
bringing the Ordinance to the legislature would usurp the legislature’s function, and
would be unconstitutional.

 The court declared the actions, in that case, to be “a fraud on constitutional

power”.

 A Constitution Bench of the Supreme Court headed by then CJI P N Bhagwati held that:

 An Ordinance promulgated by the Governor to meet an emergent situation shall

cease to be in operation at the expiration of six weeks from the reassembly of the
Legislature.

 If the government wishes for the Ordinance to continue in force beyond the six-week
period, it “has to go before the Legislature”, which is the constitutional authority
entrusted with law-making functions.

Ordinance Making Power of President & Governor – Polity Notes:-Download PDF Here

Relevant Links

UPSC Mains General Studies Paper-II Strategy, Syllabus Topic-Wise General Studies Paper – 2 Questions
& Structure for UPSC Mains

Previous Years Constitution Questions in UPSC Mains Previous Years Polity Questions in UPSC Mains
General Studies Paper – 2 General Studies Paper – 2

Frequently Asked Questions related to Ordinance

Q1

When an ordinance can be passed?

President can issue ordinance when one of the houses of the Parliament is not in session. The
maximum validity of an ordinance is 6 months and 6 weeks. An ordinance will expire after 6 weeks
once both houses of the Parliament are in session. A constitutional amendment cannot be made
through the ordinance route.

Q2

Who has the power of making ordinance?

Article 123 of the Constitution grants the President certain law-making powers to promulgate
ordinances during the recess of Parliament. These ordinances have the same force and effect as an
Act of Parliament but are in the nature of temporary laws.

Q3

How many times ordinance can be issued?

The present government has re-promulgated four ordinances in a span of two years. The Coal Mines
(Special Provisions) Ordinance, 2014 was promulgated twice. The Land Acquisition Ordinance was
promulgated thrice after which it was eventually allowed to lapse. The Negotiable Instruments
(Amendment) Ordinance, 2015 was promulgated twice and the latest Enemy Property Ordinance
was its fourth promulgation. This is probably the first time in our constitutional history that an
ordinance has been re-promulgated for a fourth time at the Centre.