Question 1: Powers and Function of President

The President of India is the Head of State. All most all the powers of the Union are
treated as the powers of the President because these powers are exercised in his
name.

According to Article 53 of Indian Constitution which deals with the Executive power
of the Union, states, “The executive powers of the Union shall be vested in the
President and shall be exercised by him directly or through the officers subordinate to
him in accordance with the provisions of this Constitution.”

The constitutional powers and functions of the President of India may be classified
into the Following grounds:

1. Executive Power and Functions

2. Legislative Powers and Functions
3. Financial Powers and Functions
4. Emergency Powers
5. Diplomatic powers
6. Military powers
7. Pardoning/Judicial Powers

❖ Executive Power and Functions:

1. Head of the Union: The President is at the head of the Union Executive. As a
result, all executive powers are exercised in his name. The executive power of the
Union to be exercised by the President is extended to the matters with respect to
which Parliament has power to make laws and to conclude treaty and agreement.

2. Appointment of the Prime Minister and other Ministers: The President also
appoints the Prime Minister and with his advice the other Ministers of the Cabinet.
He is, ordinarily, duty-bound to summon the leader of the political party which
secures an absolute majority in the House of the People to become the Prime
Minister and form the Ministry.

India has entered into an age of coalition politics. And it may so happen that no
single party will be able to secure an absolute majority, and the President may be
required to exercise his discretionary power for some time to come, in appointing
Prime Minister.
3. Appointments: As head of the executive, the President appoints the Governors of
States, the Judges of the Supreme Court and the High Courts, the Auditor General
of India and many other high officials, such as the members of Finance Commission,
Election commission, Union Public commission, etc.

4. To prove Majority in Lok Sabha: Cabinet normally remains in office for five years,
unless dissolved earlier for any reason. The President must be satisfied that the
Council of Ministers enjoys the confidence of the majority of the Lok Sabha.
Otherwise, the President can dissolve the cabinet in accordance with Article 75(2),
if he finds that the Ministry does not enjoy the support of the majorities in the
House of the People.

❖ Legislative Powers and Functions:

1. President is a part of Parliament: According to Article 79 which deals with

Constitution of Parliament, there shall be a Parliament for the Union which shall
consists of the President and two Houses to be known as the Council of States and
the House of the People, respectively.

The President is, therefore, an integral part of Union Legislature.

2. Summons and Addresses Parliament: According to Article 85-87, he can summon

and address both the Houses of Parliament from time to time, either separately or
jointly. The President can also discontinue a session of the Parliament, without
dissolving it, and if necessary, can dissolve the lower Chamber of Parliament, the
Lok Sabha.

3. Nomination: According to Article 80 & 81, the President nominates a number of

members in both Houses, he nominates 12 members to the Council of States. The
chief purpose of the nomination is to ensure equal representation in Parliament of
all classes of population which many not be achieved through elections.

4. Power in respect of Bills: A bill passed by both the Houses of Parliament requires
his assent in order to become an Act.

According to Article 111, he may give his assent to a bill or can withhold assent,
but, if Parliament passes it again with or without amendment, for the second time
and presents it to the President for his approval, the President shall not withhold
his assent. In other words, it becomes obligatory upon him to give his assent.
5. Bill passed by a State Legislature: The President enjoys this right in relation to a
bill passed by a State Legislature only in such cases where those are referred to
him by the Governor of a State under Article 200.

6. Power to propagate Ordinances: According to Article 123, except when both

Houses of Parliament are in session, the President may propagate such Ordinances
as the circumstances appear to him to require.

Such an ordinance can have the same force and effect of an Act of Parliament.
Such an ordinance shall cease to operate unless passed by both Houses of
Parliament within the stipulated period.

❖ Financial Powers and Functions:

The President causes the annual budget of the Union Government to be laid before
Parliament every year. No proposal for spending money or raising revenues for purposes
of government can be introduced in Parliament without prior permission of the
President.

❖ Emergency Powers of the President:

The constitution of India empowers the President to proclaim three kinds of

Emergencies:

1. National Emergency (Article 352);

2. Emergency for failure of Constitutional Machinery in a State (Article 356);
3. Financial Emergency (Article 360).

❖ Military and Diplomatic Powers:

According to Article 53(2), the President is the supreme Commander of the Armed
Forces of India and is entitled to declare war or conclude a treaty. Such powers of the
President are regulated and controlled by the Parliament.

❖ Diplomatic Powers and Functions:

The president receives ambassadors, high Commissioners, diplomats and consular

agents from foreign nations.

All treaties and international agreements are concluded in the name of the President.
The President represents India in International Conferences.
The President has the powers of appointing Indian Ambassadors to other countries.

❖ Judicial/Pardoning Powers and Functions:

According to Article 72, the President has the power to grant pardon in the form of
reprieves, respites, remission, remit or commute the sentence of any person convicted
of any offence, in the following cases:

1. Sentence for offences relating to union;

2. Sentence is by court martial;
3. In all cases where the sentence is a death penalty.

In the following cases the President’s and Governor’s power to grant pardon is
subjected to Judicial Review:

1. If such order has been passed without the application of mind;

2. If such order has been passed on irrelevant consideration;
3. If such order suffers from arbitrariness.

In the case of Epura Sudakar vs. Government of A.P, the Supreme Court held that
if the order has been passed by irrelevant consideration and suffers from
arbitrariness then President’s power to grant pardon is subjected to judicial review.

Question 2: Governor’s Power to Grant Pardon

According to Article 161, the Governor has the power to grant pardon in the form of
reprieves, respites, remission, remit or commute the sentence of any person convicted
of any offence, in the following cases:

1. Sentence for offences relating to State;

2. In all cases where the sentence is a death penalty.

➢ Reprieves: Temporary Suspension of punishment fixed by law.

➢ Respites: Postponing the execution to future.
➢ Remission: Reducing the term or amount of punishment without altering its
originality.
➢ Commute: Changing the kind of punishment, originally prescribed.
 Question 3: Salient features of the Cabinet

A government in which the real executive power rests with the council of ministers,
who one individually and collectively responsible to the legislature is called as Cabinet
form of Government.

❖ Features of Cabinet form of Government:

1. Exclusion of the President: The president of India is excluded from the

meetings of cabinet, although all the decisions of the cabinet or powers of the
government are exercised in his name. He cannot be held responsible for the
decisions of the cabinet.
2. Article 75(2): The ministers shall hold the office during the pleasure of the
president.
3. According to Article 74(1), Prime Minister as the Head of the Cabinet:
There shall be a council of ministers with the prime minister at the head to aid
and advice the president.
4. Appointment of ministers: According to Article 75(1), the ministers are
appointed by president on the advice of the Prime Minister.
5. Composition of the Cabinet: According to Article 75(1)(a), the total number
of ministers including the prime minister shall not exceed 15% of the total
members of the House of the People.
6. Collective Responsibility: According to Article 75(3), the council of minister
shall be collectively responsible to the house of the people. If any policy or
action of the cabinet is against public interest, they are collectively responsible
to the House of the People (cabinet or any of the minister).
7. Council of minister acts as a policy maker
8. Political Homogeneity: The cabinet works on the principle of political
homogeneity; the Prime Minister and the council of ministers belong to the same
party except in the rare instances of coalition government. They all have
common political objectives, outlook and principles. Difference between the
ministers shall be resolved in the closed-door meeting of the cabinet. In public
they must give the impression of unity (for they all sail or sink together).
9. Secrecy: According to Article 75(4), before a minister enters upon his office,
he shall take an oath of office and of secrecy administered by the president,
accordingly.
 Question 4: Powers and functions of Prime Minister

According to article 74(1), there shall be a council of ministers with the prime
minister at the head to aid and advise the president, in the exercise of his function

According to article 75(1), it simply lays down that the prime minister shall be
appointed by the president.

Whenever a party gets a clear majority in House of the People. The president appoints
the leader of such party or a coalition group as the Prime Minister.

❖ Powers, Function and Duties of the Prime Minister of India:

1. Formation of the council of ministers.

2. Allocation and Change of portfolios.
3. Head of the cabinet
4. Removal of ministers
5. Chief link between the president and cabinet
6. Chief coordinator (activities of all the department and resolves the differences
among his ministers)
7. Leader of the House of the People
8. Power to get the House of the People dissolved
9. Director of foreign affairs
10. Power of patronage (appointment of all high-ranking officials)
11. Role of prime minister during emergencies

Question 5: Bicameralism

It is practice of having two chambers of legislative at the Union and State. In India at
the Union we have:

1. House of the People/ Lok Sabha

2. Council of States/ Rajya Sabha

At the State we have:

1. Legislative Assembly
2. Legislative Council

The state legislative is sub-ordinate to the parliament during the following

circumstances: During Emergencies, when there is dispute between 2 states regarding
water, boundary, border, etc.
Question 6: Composition, Powers and Functions of the Parliament

According to Article 79, there shall be a Parliament for the Union which shall consist
of the President and two Houses to be known as the Council of States and the House of
the People, respectively.

❖ Composition of Council of States:

According to Article 80, the Council of States shall consist of:

1. 12 members to be nominated by the President, who are having special

knowledge or practical experience in matters relating to Literature, science, art
and social service.
2. Not more than 238 representatives of the States and of the Union
territories.
• The representatives of each State in the Council of States shall be
elected members of the Legislative Assembly of the State.
• The representatives of the Union territories in the Council of States
shall be chosen in such manner as Parliament may by law prescribe.

❖ Composition of House of the People

According to Article 81, the House of the People shall consist of:

1. Not more than 530 members chosen by direct election from territorial
constituencies in the States.
❖ State shall be divided into territorial constituencies based upon the ratio
between population of the constituency and number of seats allocated to them.
2. Not more than 20 members to represent the Union territories, chosen in such
manner as Parliament may by law provide.

❖ Duration of Houses of the Parliament

According to Article 83, duration of Houses of the Parliament:

1. The Council of States shall not be subject to dissolution

2. The House of the People shall continue for five years from the date of its
first meeting, unless sooner dissolved.
 ❖ Qualification for Membership of the Parliament:

According to Article 84, a person shall not be qualified to be a member of the

Parliament unless:

1. He is a citizen of India;
2. Takes an oath before the person appointed by the Election Commission as conferred
in 3rd Schedule;
3. He must have attained the age of 30 to be a member of House of the People
OR
He must have attained the age of 35 to be a member of Council of States;
4. He must possess any other qualifications as prescribed law made by Parliament.

❖ Powers and Functions of the Union Parliament:

1. Legislative Powers:

The most important power of the Parliament is to make laws throughout the territory
of India. It can legislate over the subjects enumerated in Union List, Concurrent List
and also State List during the proclamation of emergencies.

It has also the power to legislate over all other subjects which are not mentioned in
any list, such subjects are called as Residuary Subjects; this power of the Parliament is
called as Residuary Power.

According to Article 107, in the sphere of introducing Ordinary Bill, both the Houses
of Parliament enjoys co-equal powers. The procedure for bill to become an Act:

a. An Ordinary bill can be introduced in either House of the Parliament

b. The bill must be passed by both the Houses of the Parliament in Identical Terms
by a majority of not less than 2/3rd members present and voting.
c. It must be presented before the President for his assent

The President has the power to return the bill to the Parliament for reconsideration.

2. Financial Powers:

The Parliament is the custodian of the national funds. The government cannot impose or
collect any tax or make expenditure without the consent of the Parliament. The fiscal
policies of the government can be enforced only after the approval of the Parliament.

The financial powers of the Parliament are really exercised by the House of the People.
According to Article 109, Money Bill can only be introduced by the House of the
People.
 3. Power to Control the Executive:

According to Article 75(3), for all its decisions and policies, the Council of Ministers
are directly and collectively responsible to the House of the People. The Cabinet has to
get all its policies approved by the Parliament before these are implemented.

The members of House of the People have the authority to question the Cabinet with
regard working of their department.

The House of the People can cause the fall of the government by passing a direct vote
of no-confidence against the Prime Minister or his ministry.

4. Power to Amend the Constitution:

According to Article 365, the Parliament enjoys the power to amend the Indian
Constitution. Procedure to amend the Indian Constitution:

a. A bill to amend the Indian Constitution can be introduced in either House of the
Parliament.
b. The bill must be passed by both the Houses of the Parliament in Identical Terms
by a majority of not less than 2/3rd members present and voting.
c. It must be presented before the President for his assent.
d. Once he gives his assent, the Indian Constitution shall stand amended.

5. Electoral Functions:

According to Article 55 & 66, the members of the Parliament and elected members of
all the State Legislative Assemblies form the Electoral College which elects the
President and Vice President, respectively.

According to Article 89, the members of the Council of Ministers elect their own
Deputy Chairman.

According to Article 93, the members of the House of the people elect two of their
members as the Speaker and Deputy Speaker.

6. Impeachment/Judicial Functions:

According to Article 61, the Parliament has the power to impeach the President on
charges of violation of the Constitution. The charge can be introduced in the form of
Special Resolution by either the House of the Parliament, with at least 14 days prior
notice.
According to Article 67, the Parliament has the power to impeach the Vice-
President on charges of violation of the Constitution. The charge can be introduced in
the form of Special Resolution by the Council of States only, with at least 14 days prior
notice.

The judges of the Supreme Court and High Courts and several other high officials of
the State can also be impeached by the Parliament in a similar way.

7. Miscellaneous Functions:

The Parliament can:

a. Change the boundaries of the States.

b. Establish or abolish the Legislative Council in any State.
c. Approve or disapprove an Emergency proclamation made by the President.
d. Provide for a common High Court for two or more States.
e. Pass laws required for the enforcement of International Treaties.
f. Act as board of directors for Public Sector Corporations.
g. Redress grievances of the people.
h. Deliberate upon all matters of national and international importance.

Question 7: Composition of State Legislature

According to Article 168, for every State there shall be a Legislature which shall
consist of the Governor and two Houses to be known as the Legislative Council and the
Legislative Assembly, respectively.

❖ In the States of Andhra Pradesh, Telengana, Uttar Pradesh, Bihar,

Maharashtra, Karnataka and Jammu and Kashmir, two Houses;
❖ In other States, one House (Legislative Assembly)

❖ Abolition or Creation of Legislative Council in State:

According to Article 169, Parliament may by law establish or abolish Legislative

Council in any States throughout the territory of India.

❖ Composition of the Legislative Assemblies:

According to Article 170, the Legislative Assembly of each State shall consist of not
more than 500, and not less than 60, members chosen by direct election from
territorial constituencies in the State.
 ❖ Composition of the Legislative Councils:

According to Article 171, the Legislative Council of a State shall not exceed 1/3rd of
the total number of members in the Legislative Assembly of that State. The total
number of members in the Legislative Council of a State shall not be less than 40.

❖ Duration of State Legislatures:

According to Article 172, duration of State Legislature:

(1) Ever Legislative Assembly of States shall continue for five years from the date of
its first meeting, unless sooner dissolved.
(2) The Legislative Council of a State shall not be subject to dissolution.

❖ Qualification for Membership of the State Legislature:

According to Article 173, a person shall not be qualified to be member of State

Legislature unless he is:

1. He is a citizen of India,
2. Takes an oath before the person authorised by the Election Commission
according to 3rd Schedule;
3. He must have attained the age of 25 to be a member of Legislative Assembly
OR
He must have attained the age of 30 to be a member of Legislative Council
4. He must possess such other qualifications as prescribed by law made by
Parliament.

Question 8: Money Bill

According to Article 110(1) and 199(1), defines Money Bill in Parliament and State
Legislature, respectively.

The Bill shall be deemed to be a money bill if it deals with all or any of the following:

a) The imposition, abolition, remission, alteration or regulation of any tax;

b) The regulation of:
✓ borrowing of money
✓ giving of any guarantee by the Government of India/State
✓ the amendment of the law with respect to any financial obligations
undertaken or to be undertaken by the Government of India/State;
c) The custody of the Consolidated Fund or the Contingency Fund of the
Government of India/State;
 d) The appropriation of money out of the Consolidated Fund of the Government of
India/State;
e) The declaring of any expenditure of the Consolidated Fund of the Government
of India/State, or the increasing of the amount of any such expenditure;
f) The receipt of money on account of the Consolidated Fund of the Government of
India/State or the public account of the Government of India/State or the
custody;
g) any matter incidental to any of the matters specified in sub clauses (a) to (f)

According to Article 109 and 198 (State Legislature), the procedure for Money Bill
to become an Act:

a. The money bills can be introduced only in the House of the People.
b. If there is any ambiguity regarding, whether it is a Money Bill or not, the
Speakers assent is final.
c. Later it must be passed to the Council of states for their recommendations;
d. The Council of States must return such bill within 14 days with or without
recommendations.
e. If the Council of States has made any recommendations, then it is left to the
discretion of the House of the People to implement such suggestions;
f. Later, it must be presented before the President for his assent.

Question 9: Difference between Money and Ordinary Bill

BASIS FOR
ORDINARY BILL MONEY BILL
COMPARISON

Meaning An ordinary is any bill which A money bill refers to a

contains matters other than the government bill that deals with
matters covered in the money matters relating to money, such
bill, finance bill, ordinance as imposition and abolition of
replacing bills and constitution taxes, borrowings, government
amendment bills. expenditure, etc.

Introduced Introduced in Lower House or Introduced in the Lower House

Upper House of the Parliament, of the Parliament by a minister
by a minister or a private only.
member.
 BASIS FOR
ORDINARY BILL MONEY BILL
COMPARISON

Recommendation Not necessary Mandatory

of President

Powers of President can approve, reject or President can approve or reject

President return the bill for the bill.
reconsideration.

Council of States It can amend, reject or make It can only make

recommendations to the ordinary recommendations to the money
bill. bill.

Period of holding Council of States can hold the Council of States can hold the
money bill for a maximum of 6 money bill for a period not
months. exceeding 14 days.

Approval of If the bill is first introduced in It requires the approval of

Speaker the Lower House, the approval of Speaker while transferring it to
the speaker is not required while the Upper House.
transmitting it to the Upper
House.

Joint Sitting Can be held in case of deadlock. Cannot be held.

Question 10: Immunities and Privileges of Parliament and its

Members

Under the constitutional law and in the arena of Indian Parliament, the expression
“privilege and immunity” signifies certain exceptional rights guaranteed to both the
Houses of the Parliament and its members which are essential for them to exercise
their constitutional functions.

To be stated precisely, parliamentary privilege is the sum of peculiar rights enjoyed by

both the Houses of the Parliament collectively and by members of each House
individually without which it would be impossible for either House to maintain its
independence.

According to Article 105, privileges and immunities of the Parliament be classified

into two groups:

1. Privileges that are enjoyed by the members individually, and

2. Privileges that belong to each House of the Parliament collectively.

❖ Privileges that are Enjoyed by the Members Individually:

1. Freedom of Speech and Expression;

2. Freedom from Arrest;
3. Exemption from Attendance as Jurors and Witnesses.

Freedom of Speech and Expression:

The members of Parliament enjoy freedom of speech and expression. No can be

discriminated for expressing his views in the House.

The basic idea of granting such freedom was to encourage any member of the house to
express his views without fear of being judged or being discriminated.

However, the Parliament can formulate certain reasonable restrictions on his freedom
to maintain discipline, order and quorum. In simple, it means that a member’s freedom
of speech and expression should be in conformity to the rules framed by the House to
regulate its internal procedure.

Freedom from Arrest:

The members of Parliament also enjoy freedom from arrest. This freedom guarantees
immunity from arrest to each and every member of the Parliament, in the following
cases:

1. When the House is in session.

2. A member shall not be arrested in a civil case 40 days before and after the
adjournment of the House.
3. A member cannot be arrested within the grounds of the Parliament without
the prior permission of the House to which he belongs.
4. When a member of the House is arrested or detained, the authority
concerned should immediately inform the speaker or the Chairman regarding
the reasons for such arrest.
 5. A member can be arrested outside the four walls of the House on criminal
cases

Exemption from attendance as Witnesses:

The members of Parliament also enjoy freedom from attendance as a witness.

❖ Privileges that belong to both the House of the Parliament,

collectively:

1. The Right to Publish Debates and Proceedings.

2. The Right to Exclude Strangers.
3. The Right to Punish Members and Outsiders for Breach of its Privileges.
4. The Right to Regulate the Internal Affairs of the House
5. Breach of Privilege and Contempt of the House.

The Right to Publish Debates and Proceedings:

The Parliament does not prohibit the press to publish its proceedings, yet technically
the House has every such right to forbid such publication.

Again, while a member has the privilege of freedom of speech in Parliament, he has no
right to publish it outside Parliament. Anyone violating this rule can be held responsible.

The Right to Exclude Strangers:

Both the Houses of Parliament enjoys the right to exclude strangers from the house at
any time and resolve to debate with closed doors.

If the Parliament has any agenda regarding reforming CBI, UPSC, SPSC, Human Rights
Commission, Election Commission, etc, then the Chairmen of such departments can
attend the sessions of the Parliament without getting prior permission from either the
Houses of the Parliament.

The Right to Punish Members and Outsiders for Breach of its Privileges:

The Parliament has been given punitive powers to punish those who are adjourned guilty
of contempt of the House. Such contempt can be committed either by the members of
House or an outsider. When a member of the House is involved for parliamentary
misbehaviour or commits contempt he can be expelled from the House.

The Right to Regulate the Internal Affairs of the House:

The House has the right to regulate its internal affairs. A member of the House is free
to say whatever he likes subject only to the internal discipline of the House or the
Committee concerned.

Breach of Privilege and Contempt of the House

The House has the Right to punish the members of the Parliament, if they misuse their
privilege and contempt of the House.

Question 11: Position, Powers and Functions of Speaker of House

of the People/Legislative Assembly

According to Article 93 (Article 178 in case of Legislative Assembly), the House of

the People shall, as soon as may be, choose two members of the House to be Speaker
and Deputy Speaker, respectively.

According to Article 94 (Article 179 in case of Legislative Assembly), a member

holding office as Speaker or Deputy Speaker of the House of the People:

a) shall vacate his office if he ceases to be a member of the House of the People;
b) may at any time resign his office, by writing under his hand addressed, if such
member is the Speaker, to the Deputy Speaker, and if such member is the
Deputy Speaker, to the Speaker;
c) May be removed from his office by a special resolution passed by the House of
the People, members present and voting. Before passing such resolution 14 days
prior notice must be given

According to Article 96 (Article 181 in case of Legislative Assembly), the Speaker

or the Deputy Speaker has no authority to preside the house while a resolution for his
removal from his office is under consideration.

❖ Powers and Functions of the Speaker, according to Article 95 (Article

180 in case of Legislative Assembly):

1) To preside over the meetings of the House:

The Speaker presides over the meetings of the House of the People and conducts its
proceedings. He also presides over the joint sittings of the two Houses of the
Parliament.
2) To maintain discipline in the House of the People:

The Speaker maintains discipline in the House. If any member disrupts or tries to
disrupt the proceedings of the House, the Speaker can warn him or can suspend a
member from the House whom he finds guilty of violating the discipline and decorum.

3) To fix the Agenda of the House:

The Speaker, in session with other members of the business committee of the House
and the Prime Minister, Fixes the agenda of the meetings of the House.

4) Permission to ask questions:

Each member of the House can put questions to the ministers with prior permission
from the Speaker.

5) To conduct the business of the House:

The Speaker conducts the business of the House. He allows the members to introduce
the bills or to move motions. He recognises the members on the floor of the House and
gives them time for speaking in the House. He fixes time limit for the debates in the
House, puts matters to vote, and announces the results.

6) Interpretation of Rules of Procedure:

The business of the House is conducted according to definite and settled rules of
procedure. In case of any dispute regarding the rules of the House, the Speaker
interprets. The interpretation of rules made by the Speaker is final and cannot be
challenged.

7) Power to adjourn the House:

The Speaker can adjourn the meetings of the House if the quorum of the House is not
complete or if the conducting the business of the House is not possible due to a
disorderly behaviour of its members.

8) Decision about a Money Bill:

If a dispute arises over the question as to whether a bill is a Money Bill or not, the
decision is made by the Speaker is final.

9) To exercise a Casting Vote:

The Speaker does not participate in the debates and discussions of the House. He even
does not take part in the voting on bills. Although as a member he has the right to vote.
In case of a tie over any bill, he can exercise his casting vote.
10) Protection of the Privileges of the Members of the House:

The members of the House enjoy several privileges which are protected by the
Speaker. All cases of disputes relating to the privileges of the members are referred
by the Speaker to the committee on privileges. The Speaker acts as the guardian of
the privileges of the House and its members.

11) Administrative Functions:

The Speaker has several administrative responsibilities. He has control over the House
of the People, Secretariat. He appoints the employees of the Secretariat, determines
the service rules for them and supervises their work. He has the responsibility for the
upkeep of the records of the proceedings of the House.

Question 12: Anti Defection Law

This law was introduced into the constitution by 52nd amendment, 1985 and inserted as
10th schedule of Indian constitution. The 10th schedule of Indian constitution is
popularly known as Anti-Defection law. The fundamental reason the anti defection law
was introduced as 10th schedule of Indian constitution is because to combat the evil
and corruption of political parties. It prohibits a person or association from joining
opposition party.

❖ Main features of Anti Defection Law:

1. If a member of a house belonging to political party, voluntarily gives up the

membership of this political party, he shall be disqualified.
2. Votes or does not vote in the legislative assembly or parliament, contrary to the
opinion of his political party, he may be disqualified. Unless, if the member has
taken 15 days prior permission from his party for such voting.
3. If independent candidate joins a political party after the election, his membership
shall be disqualified.
4. If a nominated member joins a political party after 6 months, he becomes member
of the legislative assembly or parliament, his membership shall be disqualified.
5. If a complaint is received with respect to the definition of chairman or speaker a
member of house the member of the house sells disqualified the chairman are
speaker by passing a special resolution.
 ❖ Role of Speaker:

Highest authority i.e. the speaker of the house has the right to disqualify any member
of the house for such defection or for violating Schedule 10 of Indian Constitution, but
such authority is subject to judicial review it can be challenged before the court.

❖ Exceptions:

A person cannot be disqualified, if his political party merges with another. He and other
members of old political party.

❖ Advantages:

1. It provides stability to the government and assures party allegiance;

2. It prohibits a member of the house to swift political parties and ensures that
political party abide by its manifesto and promote party discipline.

❖ Disadvantages:

1. By preventing members from changing parties.

2. Interferes with the members’ freedom of speech and expression.

Question 13: Federalism

The term “federal” is derived from the Latin word “foedus”, which means, “covenant”.

Federalism in India is a historical advancement. Federalism is a method of segregating

powers so that the central and local governments are each within a domain, harmonizing
and autonomous. In simple, federalism means distribution of legislative, executive and
judicial powers between the centre and state, also ensuring supremacy within their own
sphere.

The Indian federal system of today has many such characteristics which are essential
for a federal polity.

❖ The main federal features of the Indian Constitution are as follows:

1. Longest Written Constitution:

The Indian Constitution is a written document containing 395 Articles and 12

schedules, and therefore, fulfils this basic requirement of a federal government.
2. Supremacy of the Constitution:

India’s Constitution is also supreme law of the nation. If any law enacted by the
Parliament is inconsistent with the Constitution of Indian, such laws shall be deemed to
be void.

3. Unique blend of Rigidity and Flexibility:

The Indian Constitution is known to be unique blend of rigidity and flexibility because
some of the provisions of Indian constitution can be easily amended by simple majority
where as others require very complex procedure i.e. Ratification by half of the State.

4. Division of Powers:

In a federation, there should be clear division of legislative, executive and judicial

powers between the Centre and States. The 7th Schedule contains 3 Legislative Lists
which enumerate subjects of administration i.e. Union, State and Concurrent Lists.

The Union List consists of 100 subjects, the more important of which are defence,
foreign affairs, railways, posts and tele-graphs, currency, etc. Only Parliament has the
authority to legislate on these Subjects.

The State List consists of 66 subjects, including, inter-alia public order, police,
administration of justice, public health, education, agriculture etc. Only State
Legislatures has the authority to legislate on these Subjects.

The Concurrent List consists of 52 subjects, including criminal law, marriage, divorce,
bankruptcy, trade unions, elec-tricity, economic and social planning, etc. Both the
Parliament and the State Legislature has the authority to legislate on these subjects.

5. Independent Judiciary:

The India Constitution, has made sure that the Judiciary remains independent,
especially the Supreme Court and High Courts of respective States. It means that the
Judiciary is free from political influence and adjourn decisions from undue influence.

6. Bicameral Legislature:

It is practice of having two chambers of legislative at the Union and State. In India at
the Union we have:

• House of the People/ Lok Sabha

• Council of States/ Rajya Sabha

At the State we have:

 • Legislative Assembly
• Legislative Council

7. Dual Government Polity:

In a federal State, there are two governments; the Central Government and State
Government both are independent and supreme within their own Sphere.

Question 14: Legislative Relation between Centre and States

The Constitution of India provides a dual polity with a clear division of powers between
the Union and the States. In simple, federalism means distribution of legislative,
executive and judicial powers between the centre and state, also ensuring supremacy
within their own sphere. The relations between centre and state under Indian
Constitution are divides as:

a) Legislative relations
b) Administrative relations
c) Financial relations

❖ Centre and State Legislative Relations

Articles 245 to 255 under Part XI of Indian Constitution deals with the legislative
relations between the Centre and the State.

1. Extent of laws made by Parliament and by the Legislatures of States:

According to Article 245, Parliament can make laws for the whole or any part of the
territory of India. Territory of India includes the states, UTs and any other area for
the time being included in the territory of India. Whereas, the state legislature can make
laws for whole or any part of state.

Parliament can alone make ‘extra territorial legislation’ thus the laws of the Parliament
are applicable to the Indian citizens and their property in any part of the world.

2. Subject-matter of laws made by Parliament and by the Legislation of

States:

According to Article 246, Constitution divides legislative authority between the Union
and the States in three lists- the Union List, the State List and the Concurrent List.
The Union list consists of 100 Subjects, the Parliament has exclusive authority to frame
laws on subjects enumerated under this list. These include foreign affairs, defence,
armed forces, communications, posts and telegraph, foreign trade etc.

The State list consists of 66 Subjects on which ordinarily the States alone can make
laws. These include public order, police, administration of justice, prison, local
governments, agriculture etc.

The Concurrent list comprises of 52 Subjects including criminal, civil procedure, marriage
and divorce, economic and special planning trade unions, electricity, newspapers, books,
education, population control and family planning, etc.

Both the Parliament and the State legislatures can make laws on subjects under the
Concurrent list, but the Centre has a prior and supreme claim to legislate on current
subjects.

In case of conflict between the law of the State and Union law on a subject in the
Concurrent list, the law of the Parliament prevails.

3. Residuary Powers of Legislation of the Parliament:

According to Article 248, the constitution also vests the residuary powers i.e. subjects
which are not enumerated in any of the above three Lists with the Parliament has the
power to legislate on those Subjects.

However, in case of any conflict, whether a particular matter falls under the residuary
power or not is to be decided by the court.

4. Parliament’s Power to Legislate on State List:

Though under ordinary circumstances the Central Government does not possess any
power to legislate on subjects enumerated in the State List, but under certain special
conditions the Parliament can make laws even on State subjects.

a) In the National Interest (Art.249)

If the Council of States declares by a resolution supported by not less than 2/3 of its
members present and voting, that it is necessary or expedient in the national interest
that the Parliament should make laws with respect to any matter enumerated in the State
List.

After such a resolution is passed, Parliament can make laws for the whole or any part of
the territory of India.

Such a resolution remains in force for a period of 1 year and can be further extended by
one year by means of a subsequent resolution.
 b) Under Proclamation of National Emergency (Art.250)

Parliament can legislate on the subjects mentioned in the State List when the
Proclamation of National Emergency is in operation.

However, the laws made by the Parliament under this provision shall cease to have effect
on the expiration of a period of six months after the Proclamation has ceased to operate.

c) By Agreement between States (Art. 252)

The Parliament can also legislate on a State subject if the legislatures of two or more
states resolve that it is lawful of Parliament to make laws with respect to any matter
enumerated in the State List relating to those State.

Therefore, any act passed by the Parliament shall apply to such states and to any other
state which passes such a resolution. The Parliament also reserves the right to amend or
repeal any such act.

d) To Implement Treaties (Art. 253)

The Parliament can make law for the whole or any part of the territory of India for
implementing any treaty, international agreement or convention with any other country
or countries or any decision made at any international conference, association or other
body.

Any law passed by the Parliament for this purpose cannot be invalidated on the ground
that it relates to the subject mentioned in the State list.

5. Proclamation of State Emergency:

According to Article 356, the President can also authorize the Parliament to exercise
the powers of the State legislature during the Proclamation of President’s Rule due to
breakdown of constitutional machinery in a state.

But all such laws passed by the Parliament cease to operate six months after the
Proclamation of President’s Rule comes to an end.

6. Centre’s control over State Legislation:

The Constitution empowers the centre to exercise control over the state’s legislature in
following ways:

The governor can reserve certain types of bills passed by the state legislature for the
consideration of the President. The President enjoys absolute veto over them.
Bills on certain matters enumerated in the State List can be introduced in the state
legislature only with the previous sanction of the President as imposing restrictions on
freedom of trade and commerce.

The President can direct the states to reserve money bills and other financial bills passed
by the state legislature for his consideration during a financial emergency.

Question 15: Administrative Relations between Centre and State

The Constitution of India provides a dual polity with a clear division of powers between
the Union and the States. In simple, federalism means distribution of legislative,
executive and judicial powers between the centre and state, also ensuring supremacy
within their own sphere. The relations between centre and state under Indian
Constitution are divides as:

a) Legislative relations
b) Administrative relations
c) Financial relations

❖ Administrative Relations between Centre and State:

Articles 256 to 263 under Part XI of Indian Constitution deals with the
Administrative Relations between the Centre and the State.

1. Centre-State Relations Ordinarily/during Normal ties:

➢ Executive Powers of State to be exercised in compliance with Union Laws:

According Article 256, the executive power of every State shall be so exercised in
accordance with the laws made by Parliament and any existing laws which apply in that
State.

The executive power of the Union shall also extend upon State for giving directions
whenever the Government of India deems it to be necessary for any purpose.

➢ Executive Powers of State not to interfere with Executive Power of Union:

According to Article 257, the executive power of every state shall be exercised
without slowing-down or interfering with the exercise of the executive power of the
Union. In short, the Union Government can issue directions to the state Government
even with regard to the subjects enumerated in the state list.
 ➢ Maintain means of communication of National or Military importance:

According to Article 257(2), the executive power of the Union shall also extend upon
the executive power of the State to give directions with regard means of
communication declared to be of national or military importance.

➢ Protection of the Railways:

According to Article 257(3), the executive power of the Union shall also extend upon
the executive power of the State to give directions with regard protection of Railways.

➢ To ensure welfare of Scheduled Castes/Tribes in the States:

The executive power of the Union shall also extend upon the executive power of the
State to give directions with regard to ensure welfare of Scheduled Castes/Tribes in
the States.

➢ To secure development of cultural language and mother-tongue:

The executive power of the Union shall also extend upon the executive power of the
State to give directions with regard to secure development of cultural language and
mother-tongue at the primary stage of education and also to ensure development of the
Hindi language.

➢ To ensure government of a State is in accordance with the provision of the

Constitution:

The executive power of the Union shall also extend upon the executive power of the
State to give directions with regard to ensure government of a State is carried on in
accordance with the provision of the Constitution.

➢ Appointment of High Dignitaries:

Union has major say in appointment and removal of Governor and appointment of Judges
of High Court and members of State Public Service Commission.

➢ All India Services:

The presence of the All India Services; the Indian Administrative Services; Indian
Police Services - further accords a major position in the Union Government. The
members of these services are recruited and appointment by the Union Public Service
Commission.

➢ Union to adjudicate Inter-State River Water Dispute:

According to Article 262, the Parliament has been vested with power to adjudicate
any dispute or complaint with respect to the use, distribution or control of the waters
of, or in any inter-state river or river-valley. In this regard, the Parliament also
reserves the right to exclude such disputes from the jurisdiction of the Supreme
Court or other Courts.

2. Centre State Relations during Emergencies:

➢ Under President’s Rule/ State Emergency (Article 356):

The State Governments cannot ignore the directions of the Union Government;
otherwise the President can take the action against such State Government, and also if
the State fails maintain constitutional machinery or administers inconsistent with the
provisions of the constitution, then the President be the Constitutional head of the
Nation can declare State Emergency.

➢ Under Proclamation of National Emergency (Article 352):

The executive power of the Union shall also extend upon the executive power of the
State to give directions with regard any matters during the proclamation of National
Emergency.

➢ Under Proclamation of Financial Emergency (Article 360):

During a Proclamation of Financial Emergency, the executive power of the Union shall
also extend upon the executive power of the State to give directions with regard to
reduce the salaries of Judges of High Court or certain class of person.

Union also requires all Money Bills or Financial Bills to be reserved for the
consideration of the President after they are passed by the Legislature of the State.

Question 16: Financial Relation between Union and States

The Constitution of India provides a dual polity with a clear division of powers between
the Union and the States. In simple, federalism means distribution of legislative,
executive and judicial powers between the centre and state, also ensuring supremacy
within their own sphere. The relations between centre and state under Indian
Constitution are divides as:

a) Legislative relations
b) Administrative relations
c) Financial relations
 ❖ Financial Relations between Centre and State:

Article 268 to 293 under Part XII of Indian Constitution deals with the financial
relations between Centre and States.

Indian Constitution has made elaborate provisions, relating to the distribution of the
taxes, non-tax revenues and the power of borrowing Grant-in-aid by the Union to the
States.

The Constitution divides the taxing powers between the Centre and the states as
follows:

➢ The Parliament has exclusive power to impose taxes on subjects enumerated in

the Union List,
➢ The state legislature has exclusive power to impose taxes on subjects
enumerated in the State List,
➢ Both can impose taxes on the subjects enumerated in Concurrent List whereas
residuary power of taxation lies with Parliament only.

❖ Distribution of the Tax-Revenue:

1. Duties imposed by the Union but Collected and Appropriated by the States:

Stamp duties on bills of Exchange, Medical and Toilet preparations and containing
Alcohol, etc. These taxes don’t are not the part of the Consolidated Fund of India, but
are assigned to state.

2. Service Tax is imposed by the Centre but Collected and Appropriated by

the Centre and the States.

3. Taxes imposed as Well as Collected by the Union, but Assigned to the

States:

These include taxes on the sale and purchase of goods in the course of inter-state
trade or commerce or the taxes on the consignment of goods in the course of inter-
state trade or commerce.

4. Taxes imposed and Collected by the Union and Distributed between Union
and the States:

Certain taxes shall be imposed and collected by the Union, but their profits shall be
divided between the Union and the States in a certain proportion, in order to effect
equitable division of the financial resources.
 5. Supplement on certain duties and taxes for purposes of the Union:

Parliament may at any time increase any of the duties or taxes referred in those
articles by a surcharge for purposes of the Union and the whole proceeds of any such
surcharge shall form part the Consolidated Fund of India.

❖ Grants-in-Aid:

Besides sharing of taxes between the Centre and the States, the Constitution provides
for Grants-in-aid to the States from the Central resources.

There are two types of grants:

1. Statutory Grants: According to Article 275, these grants are given by the
Parliament out of the Consolidated Fund of India to such States which are in need
of assistance. Specific grants are also given to promote the welfare of scheduled
tribes in a state or to raise the level of administration of the Scheduled areas
therein.
2. Discretionary Grants: According to Article 282, Centre provides certain grants
to the states on the recommendations of the Planning Commission which are at the
discretion of the Union Government.

❖ Effects of Emergency on Centre-State Financial Relations:

1. During National Emergency: The President by order can direct that all provisions
regarding division of taxes between Union and States and grants-in-aids remain
suspended. However, such suspension shall not go beyond the expiration of the
financial year in which the Proclamation ceases to operate.

2. During Financial Emergency: Union can give directions to the States:

➢ To reduce the salaries and allowances of all people serving in connection with the
affairs of the State, including High Courts judges.
➢ To reserve for the consideration of the President all money and financial Bills,
after they are passed by the Legislature of the State.

Question 17: Finance Commission

According to Article 280, the President of India is authorized to set up a Finance

Commission every five years to make recommendation regarding distribution of
financial resources between the Union and the States.
 ❖ Constitution of Finance Commission:

1. The Chairman must be a person having ‘experience in public affairs’.

2. Other four members must be appointed from amongst the following:
➢ A High Court Judge or one qualified to be appointed as High Court Judge;
➢ A person having knowledge of the finances and accounts of the Government;
➢ A person having work experience in financial matters and administration;
➢ A person having special knowledge of economics.

Question 18: Nature and Extent of Judicial Revive

In many countries with written constitutions, there prevails the doctrine of judicial
review. It means that the constitution is the supreme law of the land and any law
inconsistent therewith is void.

Judicial review means the reconsideration or examining the Constitution validity of a

degree or sentence of an inferior Court, any law made by the Parliament or any action
taken by the executive, if it suffers from arbitrariness, violation of principle of
Natural Justice or is inconsistent with the provisions of Indian Constitution. This power
is vested with the Supreme Court of India and respective High Courts of a States.

❖ Judicial review in India comprises of three aspects

1. Judicial review of Legislative Action:

The Supreme Court or High Court has the authority to examine the Constitutional
validity of the following actions taken by the Parliament or State Legislature,
respectively and deem them to be void:

➢ If any law made by the Parliament suffers from arbitrariness, unreasonableness

or evil consequences;
➢ If any law made by the Parliament is violating the principles of Natural Justice,
according to Article 14;
➢ If any law made by the Parliament is against Public Interest, Morality or Policy;
➢ If any law made by the Parliament is inconsistent with the Fundamental rights
guaranteed under Part 3rd of Indian Constitution, according to Article 13(2);
➢ If any law made by the Parliament is inconsistent with any provisions of Indian
Constitution;
 ➢ If any law made by the Parliament is contrary to the Doctrine of Basic
Structure, as defined by the judges who adjourned the “Keshavananda Bharti
vs. State of Kerala” case.

2. Judicial review of administrative action:

The Supreme Court or High Court has the authority to examine the Constitutional
validity of the following actions taken by the Executive or Administrative authority of
the Union or a State, respectively and deem them to be void:

➢ If any action taken by the executive authority while exercising their essential
function suffers from arbitrariness, unreasonableness or evil consequences;
➢ If any action taken by the executive authority while exercising their essential
function is violating the principles of Natural Justice, according to Article 14;
➢ If any action taken by the executive authority while exercising their essential
function is against Public Interest, Morality or Policy;
➢ If any action taken by the executive authority while exercising their essential
function is inconsistent with the Fundamental rights guaranteed under Part 3rd
of Indian Constitution, according to Article 13(2);
➢ If any action taken by the executive authority is inconsistent with Article
311(2) i.e. Constitutional Safeguards of Civil Servants serving under the Union
or a State i.e. their right of reasonable opportunity of being heard.
➢ If any action taken by the executive authority while exercising their essential
function is inconsistent with any provisions of Indian Constitution;

3. Judicial review of judicial decisions:

The Supreme Court or High Court has the authority to examine the Constitutional
validity of the following decision taken by the inferior courts, respectively and deem
them to be void:

➢ If such decisions suffers from arbitrariness, unreasonableness or evil

consequences;
➢ If such decisions is violating the principles of Natural Justice, according to
Article 14
➢ If such decisions is against Public Interest, Morality or Policy;
➢ If such decisions, is beyond its Jurisdiction i.e. except Supreme Court or High
Court, no other courts have the authority to exercise Writs.
➢ If such decisions is inconsistent with the Fundamental rights guaranteed under
Part 3rd of Indian Constitution, according to Article 13(2);
➢ If such decisions is inconsistent with any provisions of Indian Constitution;
 Question 19: Panchayathi Raj System

The 73rd Amendment, 1992 added a new Part IX to the constitution titled “The
Panchayats” from Article 243 to 243(O); and a new 11th Schedule covering 29
subjects within the functions of the Panchayats.

❖ Salient features Of the 73rd Amendment:

1. Three Tiers of Panchayathi Raj:

According to Article 243B, which deals with Constitution of Panchayats states that,
three tiers of Panchayaths shall be constituted in every State i.e.,

➢ Gram Panchayath at Village level;

➢ Taluk Panchayath at Taluk or intermediate level;
➢ Zilla Panchayath at District level.

Panchayats at the intermediate level may not be constituted in a State having a

population less than 20 lakhs.

2. Reservation of Panchayats:

According to Article 243C, Seats shall be reserved for:

➢ The seats are to be reserved for SCs and STs at every level of Panchayat in
proportion to their population at each level.
➢ Out of the Reserved Seats, 1/3rd has to be reserved for the women of the SC
and ST.
➢ Out of the total number of seats to be filled by the direct elections, 1/3rd ha
have to be reserved for women.
➢ The State by law may also provide for reservations for the offices of the
Chairpersons.

3. Duration of Panchayats:

According to Article 243E, Every Panchayat, shall continue for five years from the
date of its first meeting, unless sooner dissolved, in such case elections must be
conducted before expiry of 6 months after dissolution.

4. Disqualification of Members

According to Article 243F, the following are qualified to become a member of the
Panchayth:
 ➢ Any person who is qualified to become a member of Legislative Assembly;
➢ He must have attained the age of 21 years.

5. Powers and Functions: (11th Schedule)

The 11th schedule enshrines the distribution of powers between the State legislature
and the Panchayats. These 29 subjects are listed below:

➢ Agriculture including agricultural expansion

➢ Land improvement, implementation of land reforms, land consolidation and soil
conservation.
➢ Animal Husbandry, Dairying and poultry
➢ Fisheries Industry
➢ Minor irrigation, water management and watershed development
➢ Social forestry and farm forestry
➢ Small scale industries in which food processing industry is involved
➢ Minor forest produce
➢ Safe water for drinking
➢ Khadi, village and cottage industries
➢ Rural housing
➢ Fuel and fodder
➢ Rural electrification, including distribution of electricity
➢ Road, culverts, bridges, ferries, waterways and other means of communication
➢ Education including primary and secondary schools
➢ Non-conventional sources of energy
➢ Technical training and vocational education
➢ Adult and non-formal education
➢ Public distribution system
➢ Maintenance of community assets
➢ Welfare of the weaker sections of the in particular of the schedule caste and
schedule tribes
➢ Social welfare, including welfare of the handicapped and mentally retarded
➢ Family welfare
➢ Women and child development
➢ Markets and Fairs
➢ Health and sanitation including hospitals, primary health centres and
dispensaries
➢ Cultural activities
➢ Libraries
➢ Poverty Alleviation Programmes
Question 20: Composition, Powers and Function of Supreme Court

Supreme Court at the apex of Indian Judiciary is the highest authority to uphold the
constitution of India, to protect rights and liberties of citizens and to uphold the
values of rule of law. Hence it is known as the guardian of our Constitution.

Part V, Chapter VI of Indian Constitution deals with Union Judiciary.

❖ Composition of Supreme Court:

According to Article 124(1) and Amendment act of 2008, there shall be a Supreme
Court of India consisting of 31 judges including the Chief Justice of India.

According to Article 124(2), every judge of the Supreme Court shall be appointed by
the President by warrant under his hand and seal on the recommendation of the
National Judicial Appointments Commission referred in Article 124A and shall hold
the office until he attains the age of 65 years.

❖ Qualifications to be Appointed as a Judge of Supreme Court:

According to Article 124(3), a person shall not be qualified for appointment as a

Judge of the Supreme Court unless

➢ he is a citizen of India;
➢ has been a Judge of High Court for at least five years;
➢ has been an Advocate of High Court for at least ten years;
➢ If he is in the opinion of the President, a distinguished jurist.

❖ National Judiciary Appointments Commission: (99th Amendment Act, 2014):

According to Article 124(A), there shall be a National Judiciary Appointments

Commission, consists of the following persons:

➢ Chief Justice of India (chair person)

➢ Two Senior most Supreme Court judges
➢ The Union Minister of Law and Justice
➢ Two eminent persons nominated by committee consisting of CJI, Prime minister
of India and leader of opposition.

❖ Functions of the Commission are as follows:

➢ Recommending persons for CJI, judges of supreme court, Chief Justice of High
court, Judges of High court;
 ➢ Transfer of Chief justices and judges from one court to other;
➢ Ensure persons recommended are of ability and integrity.

❖ Jurisdiction of Supreme Court

Indian Constitution has classified the Jurisdiction of the Supreme Court of India into
Original, Writ, Appellate and Advisory jurisdiction.

1. Original Jurisdiction:

According to Article 131, the Supreme Court shall have Original jurisdiction in
dispute:

➢ Between the Government of India and one or more States;

➢ Between Government of India and one or more States on one side and other
States on the other;
➢ Between two or more States.

2. Appellate Jurisdiction;

According to Article 132 to 134, appeal lies with Supreme Court against High Court in
following 4 categories:

➢ Constitutional matters: If high court certifies that the case involves

substantial question of law that needs interpretation of constitution.
➢ Civil matters: If case involves substantial question of law of general importance.
➢ Criminal matters: If high court has on appeal reversed the order of conviction
of an accused and sentenced him to death or has withdrawn for trial.
➢ Special Leave to Appeal is granted by Supreme Court, if it is satisfied that the
case does not involve any question of law. However it cannot be passed in case of
judgment passed by a court or tribunal of armed forces.

However, under this jurisdiction Supreme Court can transfer to itself cases from one
or more high courts if it involves question of law in the interest of justice.

3. Advisory Jurisdiction:

According to Article 143, the President can seek advisory opinion from the Supreme
Court in the following 2 categories of matters

➢ Matters relating to Public safety, interest and morality;

➢ Any question arising out of constitution, treaty, agreement, engagement, or
other similar instruments.
Also, Article 144 states that all civil and judicial authorities in the territory of India
shall act in aid of the Supreme Court.

4. Writ Jurisdiction:

According to Article 32, Supreme Court shall have the power throughout the territory
of India to issue Directions, Orders or Writs to any Person, Authority and Government.

Writs in the nature of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-
Waranto to enforce Fundamental Rights guaranteed under Part 3 rd of this Constitution.

❖ Powers of the Supreme Court:

1. Power to punish for contempt (civil or criminal) of court with simple imprisonment
for 6 months or fine up to 2000/-. Civil contempt means wilful disobedience to
any judgment. Criminal contempt means doing any act which lowers the authority of
court or causing interference in judicial proceedings
2. Judicial review: To examine constitutional validity of legislative enactments and
executive orders. It is to be noted that the word judicial review is no where
mentioned in our constitution but the Article 13(2) explicitly provide Supreme
Court with this power.
3. According to Article 71, deciding authority regarding election of President and
Vice President.
4. Enquiring authority in conduct and behaviour of UPSC members
5. Withdraw cases pending before high courts and dispose them itself
6. Appointment of acting Chief Justice:

According to Article 126, when the office of CJI is vacant, due to his absence or
otherwise unable to perform duties of office, the President can appoint the senior
most Judge of the Supreme Court to discharge the duties of office.

7. Appointment of ad-hoc Judges:

According to Article 127, if at any time there is lack of quorum of Judges of Supreme
Court, the CJI may with previous consent of the President and Chief Justice of High
Court concerned request in writing the attendance of Judge of High Court duly
qualified to be appointed as Judge of SC.

8. Appointment of retired judges of Supreme Court or high court:

According to Article 128, the CJI at any time with the previous consent of the
President and the person to be so appointed can appoint any person who had previously
held office of a Judge of SC.
9. Supreme Court as a Court of Record:

According to Article 129, the Supreme Court is a court of record as its decisions are
of evidentiary value and cannot be questioned in any court.

10. According to Article 137, the Supreme Court is empowered to review any
judgement or order made by itself, with a view to remove any error that might have
crept in the previous judgement or order.

Question 21: Composition, Powers and Functions of High Court:

According to Article 214, there shall be High Court for each State.

❖ Constitution of High Courts:

According to Article 216, every High Court shall consist of Chief Justice and other
Judges as the president may from time to time deem it necessary to appoint.

❖ Appointment of Judges of High Court:

According to Article 217(1), every Judges of High Court shall be appointed by the
President by warrant under his hand and seal on the recommendation of the National
Judicial Appointments Commission referred in Article 124A,

❖ Qualifications for the Appointment of Judges of High Court:

According to Article 217(2), A person shall not be qualified as a Judge of High Court
unless:

➢ He is a citizen of India
➢ He has for last 10 years held a judicial office in the territory of India
➢ He has for last 10 years been an advocate of a High Court.

❖ Jurisdiction of High Court:

According to Article 225 and 226, the Jurisdiction of High Court can be classified into
4 i.e. Original, Appellate, Advisory and Writ Jurisdiction

1. Original Jurisdiction:

It means that applicant can directly go to High Court and not by means of appeals. This
power is used in the following matters:

➢ Disputes relating to Civil or Criminal in Nature;

 ➢ Relating to marriage, divorce, partition, etc;
➢ Cases transferred from other court to itself which involves a question of law.

2. Writ Jurisdiction:

According to Article 226, every High Court shall have the power within its Jurisdiction
of a State, respectively, to issue Directions, Orders or Writs to any Person, Authority
and Government.

Writs in the nature of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-
Waranto.

3. Appellate Jurisdiction:

It is said that the high court is the primary court of appeal i.e. it has power to hear the
appeals against the judgment of the subordinate courts within its territories. This
power can be classified in to 2 categories:

➢ In civil cases its jurisdiction includes to the orders and judgments of the
district courts, additional district courts and other subordinate courts.
➢ In criminal cases its jurisdiction includes judgments relating to sessions courts
and additional session court. These cases should be involving imprisonment for
more than 7 years, confirmation of any death sentence awarded by session
court before execution.

4. Advisory Jurisdiction:

The governor of a respective State can seek advisory opinion from the High Court of
that State in the following 2 categories:

➢ Matters relating to Public safety, interest and morality;

➢ Any question arising out of constitution, treaty, agreement, engagement, or
other similar instruments;
➢ Any question arising out of bill passed by the State Legislature.

❖ Powers of High Court:

1. High Courts to be Court of Record:

According to Article 215, every High Court is a court of record as its decisions are of
evidentiary value.
2. Judicial Review:

To examine constitutional validity of legislative enactments and executive orders. It is

to be noted that the word judicial review is no where mentioned in our constitution but
the Article 13(2) and 226 explicitly provide High Court with this power.

3. Power of Superintendence:

The High Court has this power over all courts and tribunals except those dealing with
the armed forces functioning in the state. Hence in the exercise of this power it may:

➢ May issue general rules and prescribe forms for regulating the practice and
proceedings of such courts;
➢ Prescribe the form in which books and accounts are being kept by the officers
of any court;
➢ Settle fees payable to the sheriff clerks, officers and legal practitioners.

4. Control over Subordinate Courts:

This is an extension of the above supervisory and appellate jurisdiction. It states that
the High Court can with draw a case pending before any subordinate court, if it involves
the substantial question of law. The case can be disposed of itself or solve the question
of law and return back to the same court.

11. Appointment of acting Chief Justice:

According to Article 223, when the office of CJI is vacant, due to his absence or
otherwise unable to perform duties of office, the President can appoint the senior
most Judge of the High Court to discharge the duties of office.

Question 22: Procedure for removal of Judges:

According to Article 124 and 217(1) (b), the judges of the Supreme Court and High
Court can be removed and appointed by the order of the President of India,
respectively.

Judges Enquiry Act (1968): Regulates the procedure related to the removal of the
judge of the Supreme Court by the process of impeachment.
 ❖ Procedure for removal of Judges:

1. If the removal motion is introduced in the House of the People, it must be signed by
100 members or if the removal motion is introduced in the Council of States, it
must be signed by 50 members, is to be presented to Speaker/Chairman of the
House.
2. Speaker/Chairman may admit the motion or may refuse to admit the same.
3. If it is admitted then the Speaker/Chairman constitutes a three-member
committee to investigate the allegations charged against the judge.
4. Three-member committee shall constitute of:
➢ The Chief Justice or senior most judge of Supreme Court;
➢ Chief justice of the High Court;
➢ A prominent jurist.

5. If the committee finds the judge guilty of misbehaviour or incapacity, committee

submits its report to the house and matter taken up for discussion in the house where
it had been originally introduced.

6. Irrespective of which house introduced the motion, it should be passed by both the
houses of the Parliament with special majority, present and voting.

7. Later the motion is addressed to the President for the removal of the judge.

8. Finally the President passes an order removing the judge and the judge is removed
from the date of assent of the President.
 Question 23: Transfer of a Judge from one High Court to
another:

According to Article 222, the President may on the recommendation of the National
Judicial Appointments Commission referred in Article 124A, transfer a judge from one
High Court to any High Court.

Also when a judge has been or is so transferred he shall during the period he serves be
entitled to receive in addition to his salary such compensatory allowance as may be
determined by Parliament by law.

Question 24: Doctrine of Pleasure

The doctrine of pleasure originated from common law. The rule in England was that a
civil servant can hold his during the pleasure of the crown and his services can also be
terminated, as the crown wishes.

Part 14 of Indian Constitution deals with services under the Union and or a State.
Article 310 of it incorporates the common law “doctrine of pleasure” but this rule of
English law has not been fully adopted under this article.

Article 310: Tenure of office of Civil Servants serving the Union or a State:

1) Except as expressly provided by the constitution, every person holds office

during the pleasure of the president, who is a member of:
➢ A defense or civil service of the union;
➢ An all India service;
➢ Holds any past connected with defense or civil post under the union

Except as expressly provided by the constitution, every person holds office

during the pleasure of the Governor, who is a member of:
➢ A defense or civil service of a State
➢ Holds any post connected with defense or civil post under a State holds office
during the pleasure of the governor.
2) This clause also authorizes the president or governor of state to enter into a
contract with specially qualified persons providing them payment of
compensation where no compensation is payable under the doctrine. The
compensation is payable only for premature termination of contractual service
(i.e. before the completion of the term).
 ❖ Whether the pleasure can be fettered by legislation?

In Case of State of U.P. vs. Babu Ram, the supreme court has pointed out that ,
since the power of the state to dismiss, remove or reduce the rank of a public servant
at its pleasure has been provided in article 310 (1) ,”except as expressly provided by
the constitution”, it cannot be fettered by any statute.

❖ Whether the pleasure under article 310 can be delegated?

In case of Sardari Lal vs. U.O.I, the Supreme Court held that the pleasure exercised
by the President or the Governor of a state under Article 310(1) cannot be delegated.

But

In case of Shamser vs. State of Punjab, the Supreme Court reversed its previous
decision and held that the pleasure exercised by the President or the Governor of a
State under Article 310 is within the scope of Article 54 and 154, respectively (i.e. the
exercise of pleasure may be delegated to their sub-ordinate officers).

Question 25: Constitutional Safeguards provided to Civil Servants

Part 14 of Indian Constitution deals with services under the Union or a State. Article
311 of it provides Constitutional safeguards to all the public servants serving under the
Union or a State.

Article 311: Dismissal, removal or deduction in rank of persons employed as civil

servants serving under the union or a state.

1) No person who is a member of a civil service of the union or a State, an all India
Service or holds any post related to civil service under the union or a State shall
be dismissed, removed or reduced in rank by an authority sub-ordinate to that
which he was appointed.
2) No person shall be dismissed, removed or reduced in rank except after an
enquiry in which he was informed of the charges against him and given a
reasonable opportunity of being heard.

❖ Application of Article 311

The most notable point of Article 311 is that this right can only be enforced when
“dismissal, removal or reduction in rank” is in the form of punishment.
The procedure laid down in Article 311 is intended to assure:

➢ The tenure of the Government Servants

➢ Safeguard them from arbitrary dismissal, removal or reduction in rank.

Where there is an infringement of Article 311, the orders passed by such disciplinary
authority are void ab-initio; it is enforceable in court of law.

The exercise of pleasure under Article 310 by the President or Governor or by the
officers’ sub-ordinate to them are restricted, controlled and regulated by Article
311.

❖ Exclusion of Opportunity of being heard:

Article 311(2) (a) to 311 (2) (c) provides exceptions to reasonable opportunity to
be heard. It means in the following circumstances the Disciplinary/Enquiry Officer
can dismiss or remove the public servant without giving reasonable notice:

➢ If he is convicted on a Criminal Charge;

➢ Due to Impracticability
➢ If the President or Governor is satisfied in the interest of security of India or
a State, not to conduct such enquiry.

❖ Temporary Servants and Probationers:

In the case State of Punjab vs. Sukh Raj Bahadur, the Supreme Court laid down the
following principles regarding the application of Article 311:

➢ Their service can be terminated according to the rules of his employment and
such termination without anything more does not attract the operation of
Article 311.
➢ The circumstance that amounts to order of termination has to be examined.
➢ If the public servant is holding office against public interest or in evil
consequences, he must be punished whether, he was a mere probationer or
temporary servant.
➢ An enquiry launched by the superior authorities to inspect their works does not
attract the operation of Article 311.
➢ If an Enquiry Officer/Disciplinary Officer is appointed, a charge sheet
submitted, explanation called for and considered, any order of termination
passed thereafter does attract the operation of Article 311.
 ❖ No removal by Subordinate Authority:

In the case of Mahesh Prasad vs. State of U.P, the Supreme Court held that “No
removal by Subordinate Authority” does not mean that the dismissal, removal or
reduction in rank must be done by the same authority who appointed him or his direct
superior. It is enough if the removing authority is of the same co-ordinating rank as
the appointing authority.

Question 26: Composition, Powers and Function of Election

Commission

The Election Commission is a permanent and an independent body established by the

Constitution of India directly to ensure free and fair elections in the country.

The Election Commission is not concerned with the elections to Panchayats and
Municipalities in the states. For, this the Constitution of India provides for a separate
State Election Commission.

Article 324 in the Constitution of India states that the Superintendence, direction
and control of elections to be vested in an Election Commission.

Clause 1 of this Article, the superintendence, direction and control of the preparation
of the electoral rolls for conducting: (held under this Constitution shall be vested in
Election Commission)

➢ All elections to Parliament;

➢ All elections to Legislature of every State;
➢ Elections to the offices of President and Vice President.

❖ Composition of Election Commission:

According to Article 324(2) & (3), the election commission shall consist of:

➢ The chief election commissioner and such manner of other election

commissioners as the president may from time to time fix.
➢ The appointment of the chief election commissioner and other election
commissioners shall be made by the president.
➢ When any other election commissioner is so appointed, the chief election
commissioner shall act as the chairman of the election commission.
➢ The president may also appoint regional commissioners with the consent of
Election Commission.
 ➢ The conditions of service and tenure of office of the election commissioners and
the regional commissioners shall be determined by the president.

❖ Appointment & Tenure of Election Commissioners:

The Chief Election Commissioner and Election Commissioners are appointed by the
President. They have tenure of six years, or up to the age of 65 years, whichever is
earlier.

They enjoy the same status and receive salary and perks as available to Judges of
the Supreme Court of India.

The Chief Election Commissioner can be removed from office only through
impeachment process by Parliament.

❖ Power and Functions of Election Commission:

The powers and functions of the Election Commission with regard to elections to the
Parliament, state legislatures and offices of President and Vice-President can be
classified into three categories:

➢ Administrative
➢ Advisory
➢ Quasi-Judicial

There powers are as follows:

1. To prepare electoral rolls for election to the Parliament, State Legislatures, Local
Bodies and to the offices of the President and the Vice-President.
2. Delimiting constituencies for election to the Parliament and to State Legislatures.
3. Establishing and enforcing code of conduct.
4. Scrutinizing the nomination papers of candidates.
5. Scrutinizing election expenses.
6. Allotment of symbols and according recognition to political parties.
7. Giving advice to the President and Governors on disqualification of MPs and MLAs.
8. Granting exemptions to persons from disqualifications imposed by judicial decision.
9. Declaring election results after proper counting and to cancel elections in a
constituency if the need arises.
10. Advising the President or the Governor regarding all electoral matters including
disqualification of members.
11. Preparing guidelines for model code of conduct for political parties, voters and
candidates during election campaign.
12. Performing quasi-judicial functions.

Question 27: Emergency Provisions

Emergency provisions in India are borrowed from Weimar Constitution of Germany.

Constitution of India envisages emergency of following three types:

➢ Article 352: National Emergency

➢ Article 356: State Emergency ( president’s rule)
➢ Article 360: Financial Emergency

1. National Emergency

According to Article 352, if the president is satisfied that there exists a grave
situation, where the security of India is threatened on the grounds of wars,
external aggression or armed rebellion, he can proclaim emergency to that effect.

➢ Emergency can be declared over the complete territory of India or any part
thereof.
➢ President can declare emergency only on the written advice of the cabinet.
➢ A special majority is required to approve an emergency resolution.
➢ Once approved, emergency shall operate for a maximum period of not more than
six months.
➢ House of the People has the power to disapprove the operation of national
emergency at any time, if not less than 1/10th members of House of the People
in writing to the speaker, if house is in session, or to the president, then
speaker or president as the case may be, shall conduct a special session of
House of the People within 14 days and if such a resolution is passed, president
shall revoke national emergency.

❖ Effects of National Emergency:

➢ On Executive:

State governments are not dismissed, they continue to operate, but are brought under
the effective control of the centre, which assumes the power to give instructions to
state government, which shall abide by such directions.
 ➢ On Legislature:

State legislatures continue to operate and legislate, but parliament assumes concurrent
legislative power on state subjects and a law such enacted by parliament, shall cease to
operate at the expiry of six months after the revocation of national emergency, to the
extent of incompetency.

➢ On Financial relations:

President can suspend the distribution of financial resources between centre and
states and centre can make use of any national resource to fight the cost on the basis
of which, emergency is declared.

➢ On Fundamental Rights:

Article 358 deals with the suspension of the Fundamental Rights guaranteed by Article
19, while Article 359 deals with the suspension of other Fundamental Rights (except
those guaranteed by Articles 20 and 21).

2. State Emergency (President’s Rule):

According to Article 356, if president is satisfied on the report of governor or

otherwise that there exist a great emergency where the administration of the state
cannot be continued in accordance with the provisions of constitution, by invoking
article 355, can dismiss state government and take over the state administration on to
himself and declare that parliament will enact law on behalf of state legislature.

❖ Effects of President Rule (State Emergency):

➢ On Executive:

State government is dismissed and the executive power of the state is exercised by
the centre.

➢ On Legislature:

State legislature does not function to legislate; state legislative assembly is either
suspended or dissolved.

➢ On Financial relation:

There is no impact on the distribution of financial resources between centre and the
state.
3. Financial Emergency:

According to Article 360, if the President is satisfied that a situation has arisen
whereby the financial stability or credit of India or of any part of the territory is
threatened, he may by a proclaim Financial Emergency.

Question 28: Constitutional Safeguards Provided to SC’s & ST’s:

Constitutional Safeguards for SCs and STs can classify on the following basis:

1. Social Safeguards
2. Economical Safeguards
3. Cultural and Educational Safeguards
4. Political Safeguards
5. Public Office Service Safeguards
6. Other Safeguards

❖ Social Safeguards:

1. Article 17 abolishes untouchability being practiced in the society, in form. By the

virtue of this provision the Parliament has enacted the following Acts tackle the
problem of untouchability being practiced against Scheduled Castes:
➢ The Protection of Civil Rights Act, 1955
➢ The SC’s and ST’s (Prevention of Atrocities) Act, 1989

2. Article 23 prohibits human trafficking, begging and other similar forms of

forced labour and states that any violation of this provision shall be a punishable
offence. Although this article is not specifically incorporated for the SCs and STs
but because majority of bonded labour is from SCs so it holds significance for
them.

3. Article 25 (2)(b) provides that Hindu religious institutions of a public character

shall be opened to all classes and sections of Hindu.

❖ Economical Safeguards:

According to Article 46, the state shall promote with special care of weaker sections
of the society, especially the Scheduled Castes and the Scheduled Tribes:

➢ The educational interest

 ➢ The economic interest
➢ Protect them from social injustice
➢ Protect them from all forms of exploitation

❖ Cultural and Educational Safeguards:

1. Article 15(4) empowers the State to make special provisions for the advancement
of socially and educationally backward class of the society, especially the SC’s and
the ST’s. This article enabled the State to reserve seats for SCs in educational
institutions.

2. Article 335 allows relaxation in qualifying marks for admission in educational

institutes or promotions for SCs/STs.

❖ Political Safeguards:

1. Article 243D reserves seats for the Scheduled Castes and the Scheduled Tribes in
every Panchayat and out of such 1/3rd shall be reserved for SCs/STs Women.
2. Article 243T reserves seats for the Scheduled Castes and the Scheduled Tribes in
every Municipality and out of such 1/3rd shall be reserved for SCs/STs Women.
3. Article 330 reserves seats for the Scheduled Castes and the Scheduled Tribes in
the House of the People.
4. Article 332 reserves seats for the Scheduled Castes and the Scheduled Tribes in
the Legislative Assemblies of the States.
5. Article 334 reserves seats and the special representation to cease after sixty
years.

❖ Public Office Service Safeguards:

1. Article 16(4) empowers the state to reserve vacancies in public service for any
backward classes of the state, especially for SCs/STs.
2. Article 16 (4A) empowers the state to implement reservation in the matter of
promotion for SCs and STs.

❖ Other Safeguards:

1. Article 164 appoints special minister for tribal welfare in the states of MP,
Bihar, and Orissa.
2. Article 275 allows special grant-in-aids to states for tribal welfare.
3. Article 338/338A establishes a National Commission of SCs and STs.
4. Article 339 allows the central government to direct states to implement and
execute plans for the betterment of SC/STs.
5. Article 340 allows the president to appoint a commission to investigate the
condition of socially and economically backward classes and table the report in
the parliament.

PREAMBLE

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure to all
its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the
nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do
HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

PART I: THE UNION AND ITS TERRITORY

1: Name and territory of the Union.

2: Admission or establishment of new States.
3: Formation of new States and alteration of areas, boundaries or names of existing
States.
4: Laws made under articles 2 and 3 to provide for the amendment of the First and the
Fourth Schedules and supplemental, incidental and consequential matters.

PART II: CITIZENSHIP

5: Citizenship at the commencement of the Constitution.

6: Rights of citizenship of certain persons who have migrated to India from Pakistan.
7: Rights of citizenship of certain migrants to Pakistan.
8: Rights of citizenship of certain persons of Indian origin residing outside India.
9: Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
10: Continuance of the rights of citizenship.
11: Parliament to regulate the right of citizenship by law.

PART III: FUNDAMENTAL RIGHTS

General
12: Definition.
13: Laws inconsistent with or in derogation of the fundamental rights.

Right to Equality
14: Equality before law.
15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth.
16: Equality of opportunity in matters of public employment.
17: Abolition of Untouchability.
18: Abolition of titles.

Right to Freedom
19: Protection of certain rights regarding freedom of speech, etc.
20: Protection in respect of conviction for offences.
21: Protection of life and personal liberty.
22: Protection against arrest and detention in certain cases.

Right against Exploitation

23: Prohibition of traffic in human beings and forced labour.
24: Prohibition of employment of children in factories, etc.

Right to Freedom of Religion

25: Freedom of conscience and free profession, practice and propagation of religion.
26: Freedom to manage religious affairs.
27: Freedom as to payment of taxes for promotion of any particular religion.
28: Freedom as to attendance at religious instruction or religious worship in certain
educational institutions.

Cultural and Educational Rights

29: Protection of interests of minorities.
30: Right of minorities to establish and administer educational institutions.

Saving of Certain Laws

31A: Saving of Laws providing for acquisition of estates, etc.
31B: Validation of certain Acts and Regulations.
31C: Saving of laws giving effect to certain directive principles.

Right to Constitutional Remedies

32: Remedies for enforcement of rights conferred by this Part.
33: Power of Parliament to modify the rights conferred by this Part in their application
to Forces, etc.
34: Restriction on rights conferred by this Part while martial law is in force in any area.
35: Legislation to give effect to the provisions of this Part.

PART IV: DIRECTIVE PRINCIPLES OF STATE POLICY

36: Definition.
37: Application of the principles contained in this Part.
38: State to secure a social order for the promotion of welfare of the people.
39: Certain principles of policy to be followed by the State.
39A: Equal justice and free legal aid.
40: Organisation of village panchayats.
41: Right to work, to education and to public assistance in certain cases.
42: Provision for just and humane conditions of work and maternity relief.
43: Living wage, etc., for workers.
43A: Participation of workers in management of industries.
44: Uniform civil code for the citizens.
45: Provision for free and compulsory education for children.
46: Promotion of educational and economic interests of Scheduled Castes, Scheduled
Tribes and other weaker sections.
47: Duty of the State to raise the level of nutrition and the standard of living and to
improve public health.
48: Organisation of agriculture and animal husbandry.
48A: Protection and improvement of environment and safeguarding of forests and wild
life.
49: Protection of monuments and places and objects of national importance.
50: Separation of judiciary from executive.
51: Promotion of international peace and security.

PART IVA: FUNDAMENTAL DUTIES

51A: Fundamental duties.

 PART V: THE UNION

❖ CHAPTER I: THE EXECUTIVE

The President and Vice-President

52: The President of India.
53: Executive power of the Union.
54: Election of President.
55: Manner of election of President.
56: Term of office of President.
57: Eligibility for re-election.
58: Qualifications for election as President.
59: Conditions of President’s office.
60: Oath or affirmation by the President.
61: Procedure for impeachment of the President.
62: Time of holding election to fill vacancy in the office of President and the term of
office of person elected to fill casual vacancy.
63: The Vice-President of India.
64: The Vice-President to be ex officio Chairman of the Council of States.
65: The Vice-President to act as President or to discharge his functions during casual
vacancies in the office, or during the absence, of President.
66: Election of Vice-President.
67: Term of office of Vice-President.
68: Time of holding election to fill vacancy in the office of Vice-President and the term
of office of person elected to fill casual vacancy.
69: Oath or affirmation by the Vice-President.
70: Discharge of President’s functions in other contingencies.
71: Matters relating to, or connected with, the election of a President or Vice-
President.
72: Power of President to grant pardons, etc., and to suspend, remit or commute
sentences in certain cases.
73: Extent of executive power of the Union.

Council of Ministers
74: Council of Ministers to aid and advice President.
75: Other provisions as to Ministers.

The Attorney-General for India

76: Attorney-General for India.
Conduct of Government Business
77: Conduct of business of the Government of India.
78: Duties of Prime Minister as respects the furnishing of information to the
President, etc.

❖ CHAPTER II: PARLIAMENT

General
79: Constitution of Parliament.
80: Composition of the Council of States.
81: Composition of the House of the People.
82: Readjustment after each census.
83: Duration of Houses of Parliament.
84: Qualification for membership of Parliament.
85: Sessions of Parliament, prorogation and dissolution.
86: Right of President to address and send messages to Houses.
87: Special address by the President.
88: Rights of Ministers and Attorney-General as respects Houses.

Officers of Parliament
89: The Chairman and Deputy Chairman of the Council of States.
90: Vacation and resignation of, and removal from, the office of Deputy Chairman.
91: Power of the Deputy Chairman or other person to perform the duties of the office
of, or to act as, Chairman.
92: The Chairman or the Deputy Chairman not to preside while a resolution for his
removal from office is under consideration.
93: The Speaker and Deputy Speaker of the House of the People .
94: Vacation and resignation of, and removal from, the offices of Speaker and Deputy
Speaker.
95 Power of the Deputy Speaker or other person to perform the duties of the office
of, or to act as, Speaker.
96: The Speaker or the Deputy Speaker not to preside while a resolution for his
removal from office is under consideration.
97: Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and
Deputy Speaker.
98: Secretariat of Parliament.

Conduct of Business
99: Oath or affirmation by members.
100: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
Disqualifications of Members
101: Vacation of seats.
102: Disqualifications for membership.
103: Decision on questions as to disqualifications of members.
104: Penalty for sitting and voting before making oath or affirmation under article 99
or when not qualified or when disqualified.

Powers, Privileges and Immunities of Parliament and its Members

105: Powers, privileges, etc., of the Houses of Parliament and of the members and
committees thereof.
106: Salaries and allowances of members.

Legislative Procedure
107: Provisions as to introduction and passing of Bills.
108: Joint sitting of both Houses in certain cases.
109: Special procedure in respect of Money Bills.
110: Definition of “Money Bills”.
111: Assent to Bills.

Procedure in Financial Matters

112: Annual financial statement.
113: Procedure in Parliament with respect to estimates.
114: Appropriation Bills.
115: Supplementary, additional or excess grants.
116: Votes on account, votes of credit and exceptional grants.
117: Special provisions as to financial Bills.

Procedure Generally
118: Rules of procedure.
119: Regulation by law of procedure in Parliament in relation to financial business.
120: Language to be used in Parliament.
121: Restriction on discussion in Parliament.
122: Courts not to inquire into proceedings of Parliament.

❖ CHAPTER III: LEGISLATIVE POWERS OF THE PRESIDENT

123: Power of President to promulgate Ordinances during recess of Parliament.

❖ CHAPTER IV: THE UNION JUDICIARY

124: Establishment and constitution of Supreme Court.

125: Salaries, etc., of Judges.
126: Appointment of acting Chief Justice.
127: Appointment of ad hoc judges.
128: Attendance of retired Judges at sittings of the Supreme Court.
129: Supreme Court to be a court of record.
130: Seat of Supreme Court.
131: Original jurisdiction of the Supreme Court.
132: Appellate jurisdiction of Supreme Court in appeals from High Courts in certain
cases.
133: Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to
Civil matters.
134: Appellate jurisdiction of Supreme Court in regard to criminal matters.
134A: Certificate for appeal to the Supreme Court.
135: Jurisdiction and powers of the Federal Court under existing law to be exercisable
by the Supreme Court.
136: Special leave to appeal by the Supreme Court.
137: Review of judgments or orders by the Supreme Court.
138: Enlargement of the jurisdiction of the Supreme Court.
139: Conferment on the Supreme Court of powers to issue certain writs.
139A: Transfer of certain cases.
140: Ancillary powers of Supreme Court.
141: Law declared by Supreme Court to be binding on all courts.
142: Enforcement of decrees and orders of Supreme Court and orders as to discovery,
etc.
143: Power of President to consult Supreme Court.
144: Civil and judicial authorities to act in aid of the Supreme Court.
145: Rules of Court, etc.
146: Officers and servants and the expenses of the Supreme Court.
147: Interpretation.

❖ CHAPTER V: COMPTROLLER AND AUDITOR-GENERAL OF INDIA

148: Comptroller and Auditor-General of India.

149: Duties and powers of the Comptroller and Auditor-General.
150: Form of accounts of the Union and of the States.
151: Audit reports.

PART VI: THE STATES

 ❖ CHAPTER I: GENERAL

152: Definition.

❖ CHAPTER II: THE EXECUTIVE

The Governor
153: Governors of States.
154: Executive power of State.
155: Appointment of Governor.
156: Term of office of Governor.
157: Qualifications for appointment as Governor.
158: Conditions of Governor’s office
159: Oath or affirmation by the Governor.
160: Discharge of the functions of the Governor in certain contingencies.
161: Power of Governor to grant pardons, etc., and to suspend, remit or commute
sentences in certain cases.
162: Extent of executive power of State.

Council of Ministers
163: Council of Ministers to aid and advice Governor.
164: Other provisions as to Ministers.

The Advocate-General for the State

165: Advocate-General for the State.
Conduct of Government Business
166: Conduct of business of the Government of a State.
167: Duties of Chief Minister as respects the furnishing of information to Governor,
etc.

❖ CHAPTER III: THE STATE LEGISLATURE

General
168: Constitution of Legislatures in States.
169: Abolition or creation of Legislative Councils in States.
170: Composition of the Legislative Assemblies.
171: Composition of the Legislative Councils.
172: Duration of State Legislatures.
173: Qualification for membership of the State Legislature.
174: Sessions of the State Legislature, prorogation and dissolution.
175: Right of Governor to address and send messages to the House or Houses.
176: Special address by the Governor.
177: Rights of Ministers and Advocate-General as respects the Houses.

Officers of the State Legislature

178: The Speaker and Deputy Speaker of the Legislative Assembly.
179: Vacation and resignation of, and removal from, the offices of Speaker and Deputy
Speaker.
180: Power of the Deputy Speaker or other person to perform the duties of the office
of, or to act as, Speaker.
181: The Speaker or the Deputy Speaker not to preside while a resolution for his
removal from office is under consideration.
182: The Chairman and Deputy Chairman of the Legislative Council.
183: Vacation and resignation of, and removal from, the offices of Chairman and Deputy
Chairman.
184: Power of the Deputy Chairman or other person to perform the duties of the office
of, or to act as, Chairman.
185: The Chairman or the Deputy Chairman not to preside while a resolution for his
removal from office is under consideration.
186: Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and
Deputy Chairman.
187: Secretariat of State Legislature.

Conduct of Business
188: Oath or affirmation by members.
189: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

Disqualifications of Members
190: Vacation of seats.
191: Disqualifications for membership.
192: Decision on questions as to disqualifications of members.
193: Penalty for sitting and voting before making oath or affirmation under article 188
or when not qualified or when disqualified.

Powers, privileges and immunities of State Legislatures and their Members

194: Powers, privileges, etc., of the Houses of Legislatures and of the members and
committees thereof.
195: Salaries and allowances of members.

Legislative Procedure
196: Provisions as to introduction and passing of Bills.
197: Restriction on powers of Legislative Council as to Bills other than Money Bills.
198: Special procedure in respect of Money Bills.
199: Definition of “Money Bills”.
200: Assent to Bills.
201: Bills reserved for consideration.

Procedure in Financial Matters

202: Annual financial statement.
203: Procedure in Legislature with respect to estimates.
204: Appropriation Bills.
205: Supplementary, additional or excess grants.
206: Votes on account, votes of credit and exceptional grants.
207: Special provisions as to financial Bills.

Procedure Generally
208: Rules of procedure.
209: Regulation by law of procedure in the Legislature of the State in relation to
financial business.
210: Language to be used in the Legislature.
211: Restriction on discussion in the Legislature.
212: Courts not to inquire into proceedings of the Legislature.

❖ CHAPTER IV: LEGISLATIVE POWER OF THE GOVERNOR

213: Power of Governor to promulgate Ordinances during recess of Legislature.

❖ CHAPTER V: THE HIGH COURTS IN THE STATES

214: High Courts for States.

215: High Courts to be courts of record.
216: Constitution of High Courts.
217: Appointment and conditions of the office of a Judge of a High Court.
218: Application of certain provisions relating to Supreme Court to High Courts.
219: Oath or affirmation by Judges of High Courts.
220: Restriction on practice after being a permanent Judge.
221: Salaries, etc., of Judges.
222: Transfer of a Judge from one High Court to another.
223: Appointment of acting Chief Justice.
224: Appointment of additional and acting Judges.
224A: Appointment of retired Judges at sittings of High Courts.
225: Jurisdiction of existing High Courts.
226: Power of High Courts to issue certain writs.
227: Power of superintendence over all courts by the High Court.
228: Transfer of certain cases to High Court.
229: Officers and servants and the expenses of High Courts.
230: Extension of jurisdiction of High Courts to Union territories.
231: Establishment of a common High Court for two or more States.

❖ CHAPTER VI: SUBORDINATE COURTS

233: Appointment of district judges.

233A: Validation of appointments of, and judgments, etc., delivered by, certain district
judges.
234: Recruitment of persons other than district judges to the judicial service.
235: Control over subordinate courts.
236: Interpretation.
237: Application of the provisions of this Chapter to certain class or classes of
magistrates.

❖ PART VIII: THE UNION TERRITORIES

239: Administration of Union territories.

239A: Creation of local Legislatures or Council of Ministers or both for certain Union
territories.
239A: Special provisions with respect to Delhi.
239AA: Provision in case of failure of constitutional machinery.
239AB: Power of administrator to promulgate Ordinances during recess of Legislature.
240: Power of President to make regulations for certain Union territories.
241: High Courts for Union territories

❖ PART IX: THE PANCHAYATS

243: Definitions.
243A: Gram Sabha.
243B: Constitution of Panchayats.
243C: Composition of Panchayats.
243D: Reservation of seats.
243E: Duration of Panchayats, etc.
243F: Disqualifications for membership.
243G: Powers, authority and responsibilities of Panchayats.
243H: Powers to impose taxes by, and Funds of, the Panchayats.
243I: Constitution of Finance Commission to review financial position.
243J: Audit of accounts of Pachayats.
243K: Elections to the Panchayats.
243L: Application to Union territories.
243M: Part not to apply to certain areas.
243N: Continuance of existing laws and Panchayats.
243-O: Bar to interference by courts in electoral matters.

❖ PART IXA: THE MUNICIPALITIES

243P: Definitions.
243Q: Constitution of Municipalities.
243R: Composition of Municipalities.
243S: Constitution and composition of Wards Committees, etc.
243T: Reservation of seats.
243U: Duration of Municipalities, etc.
243V: Disqualifications for membership.
243W: Powers, authority and responsibilities of Municipalities, etc.
243X: Power to impose taxes by, and Funds of, the Municipalities.
243: Finance Commission.
243Z: Audit of accounts of Municipalities.
243ZA: Elections to the Municipalities.
243ZB: Application to Union territories.
243ZC: Part not to apply to certain areas.
243ZD: Committee for district planning.
243ZE: Committee for Metropolitan planning.
243ZF: Continuance of existing laws and Municipalities.
243ZG: Bar to interference by Courts in electoral matters.

❖ PART X: THE SCHEDULED AND TRIBAL AREAS

244: Administration of Scheduled Areas and Tribal Areas.

244A: Formation of an autonomous State comprising certain tribal areas in Assam and
creation of local Legislature or Council of Ministers or both therefor.
 PART XI: RELATIONS BETWEEN THE UNION AND THE
STATES

❖ CHAPTER I: LEGISLATIVE RELATIONS

Distribution of Legislative Powers

245: Extent of laws made by Parliament and by the Legislatures of States.

246: Subject-matter of laws made by Parliament and by the Legislatures of States.
247: Power of Parliament to provide for the establishment of certain additional courts.
248: Residuary powers of legislation.
249: Power of Parliament to legislate with respect to a matter in the State List in the
national interest.
250: Power of Parliament to legislate with respect to any matter in the State List if a
Proclamation of Emergency is in operation.
251: Inconsistency between laws made by Parliament under articles 249 and 250 and
laws made by the Legislatures of States.
252: Power of Parliament to legislate for two or more States by consent and adoption
of such legislation by any other State.
253: Legislation for giving effect to international agreements.
254: Inconsistency between laws made by Parliament and laws made by the Legislatures
of States.
255: Requirements as to recommendations and previous sanctions to be regarded as
matters of procedure only.

❖ CHAPTER II: ADMINISTRATIVE RELATIONS

General

256: Obligation of States and the Union.

257: Control of the Union over States in certain cases.
258: Power of the Union to confer powers, etc., on States in certain cases.
258A: Power of the States to entrust functions to the Union.
260: Jurisdiction of the Union in relation to territories outside India.
261: Public acts, records and judicial proceedings.

Disputes relating to Waters

262: Adjudication of disputes relating to waters of inter-State rivers or river valleys.
Co-ordination between States
263: Provisions with respect to an inter-State Council.
 PART XII: FINANCE, PROPERTY, CONTRACTS AND SUITS

❖ CHAPTER I: FINANCE

General
264: Interpretation.
265: Taxes not to be imposed save by authority of law.
266: Consolidated Funds and public accounts of India and of the States.
267: Contingency Fund.

Distribution of Revenues between the Union and the States

268: Duties levied by the Union but collected and appropriated by the State.
269: Taxes levied and collected by the Union but assigned to the States.
270: Taxes levied and distributed between the Union and the States.
271: Surcharge on certain duties and taxes for purposes of the Union.
273: Grants in lieu of export duty on jute and jute products.
274: Prior recommendation of President required to Bills affecting taxation in which
States are interested.
275: Grants from the Union to certain States.
276: Taxes on professions, trades, callings and employments.
277: Savings.
279: Calculation of “net proceeds”, etc.
280: Finance Commission.
281: Recommendations of the Finance Commission.

Miscellaneous financial provisions

282: Expenditure defrayable by the Union or a State out of its revenues.
283: Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to
the public accounts.
284: Custody of suitors’ deposits and other moneys received by public servants and
courts.
285: Exemption of property of the Union from State taxation.
286: Restrictions as to imposition of tax on the sale or purchase of goods.
287: Exemption from taxes on electricity.
288: Exemption from taxation by States in respect of water or electricity in certain
cases.
289: Exemption of property and income of a State from Union taxation.
290: Adjustment in respect of certain expenses and pensions.
290A: Annual payment to certain Devisor Funds.
 ❖ CHAPTER II: BORROWING

292: Borrowing by the Government of India.

293: Borrowing by States.

❖ CHAPTER III: PROPERTY, CONTRACTS, RIGHTS,

LIABILITIES, OBLIGATIONS AND SUITS

294: Succession to property, assets, rights, liabilities and obligations in certain cases.
295: Succession to property, assets, rights, liabilities and obligations in other cases.
296: Property accruing by escheat or laps or as bona vacantia.
297: Things of value within territorial waters or continental shelf and resources of the
exclusive economic zone to vest in the Union.
298: Power to carry on trade, etc.
299: Contracts.
300: Suits and proceedings.

❖ CHAPTER IV: RIGHT TO PROPERTY

300A: Persons not to be deprived of property save by authority of law.

PART XIII: TRADE, COMMERCE AND INTERCOURSE

WITHIN THE TERRITORY OF INDIA

301: Freedom of trade, commerce and intercourse.

302: Power of Parliament to impose restrictions on trade, commerce and intercourse.
303: Restrictions on the legislative powers of the Union and of the States with regard
to trade and commerce.
304: Restrictions on trade, commerce and intercourse among States.
305: Saving of existing laws and laws providing for State monopolies.
307: Appointment of authority for carrying out the purposes of articles 301 to 304.

PART XIV: SERVICES UNDER THE UNION AND THE STATES

❖ CHAPTER I: SERVICES

308: Interpretation.
309: Recruitment and conditions of service of persons serving the Union or a State.
310: Tenure of office of persons serving the Union or a State.
311: Dismissal, removal or reduction in rank of persons employed in civil capacities
under the Union or a State.
312: All-India services.
312A: Power of Parliament to vary or revoke conditions of service of officers of
certain services.
313: Transitional provisions.

❖ CHAPTER II: PUBLIC SERVICE COMMISSIONS

315: Public Service Commissions for the Union and for the States.
316: Appointment and term of office of members.
317: Removal and suspension of a member of a Public Service Commission.
318: Power to make regulations as to conditions of service of members and staff of the
Commission.
319: Prohibition as to the holding of offices by members of Commission on ceasing to be
such members.
320: Functions of Public Service Commissions.
321: Power to extend functions of Public Service Commissions.
322: Expenses of Public Service Commissions.
323: Reports of Public Service Commissions.

PART XIVA: TRIBUNALS

323A: Administrative tribunals.

323B: Tribunals for other matters.

PART XV: ELECTIONS

324: Superintendence, direction and control of elections to be vested in an Election

Commission.
325: No person to be ineligible for inclusion in, or to claim to be included in a special,
electoral roll on grounds of religion, race, caste or sex.
326: Elections to the House of the People and to the Legislative Assemblies of States
to be on the basis of adult suffrage.
327: Power of Parliament to make provision with respect to elections to Legislatures.
328: Power of Legislature of a State to make provision with respect to elections to
such Legislature.
329: Bar to interference by courts in electoral matters.
 PART XVI: SPECIAL PROVISIONS RELATING TO CERTAIN
CLASSES

330: Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of
the People.
331: Representation of the Anglo-Indian community in the House of the People.
332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the
Legislative Assemblies of the States.
333: Representation of the Anglo-Indian community in the Legislative Assemblies of
the States.
334: Reservation of seats and special representation to cease after sixty years.
335: Claims of Scheduled Castes and Scheduled Tribes to services and posts.
336: Special provision for Anglo-Indian community in certain services.
337: Special provision with respect to educational grants for the benefit of Anglo-
Indian Community.
338: National Commission for Scheduled Castes.
338A: National Commission for Scheduled Tribes.
339: Control of the Union over the Administration of Scheduled Areas and the welfare
of Scheduled Tribes.
340: Appointment of a Commission to investigate the conditions of backward classes.
341: Scheduled Castes.
342: Scheduled Tribes.

PART XVII: OFFICIAL LANGUAGE

❖ CHAPTER I: LANGUAGE OF THE UNION

343: Official language of the Union.

344: Commission and Committee of Parliament on official language.

❖ CHAPTER II: REGIONAL LANGUAGES

345: Official language or languages of a State.

346: Official language for communication between one State and another or between a
State and the Union.
347: Special provision relating to language spoken by a section of the population of a
State.
 ❖ CHAPTER III: LANGUAGE OF THE SUPREME COURT, HIGH
COURTS, ETC.

348: Language to be used in the Supreme Court and in the High Courts and for Acts,
Bills, etc.
349: Special procedure for enactment of certain laws relating to language.

❖ CHAPTER IV: SPECIAL DIRECTIVES

350: Language to be used in representations for redress of grievances.

350A: Facilities for instruction in mother-tongue at primary stage.
350B: Special Officer for linguistic minorities.
351: Directive for development of the Hindi language.

PART XVIII: EMERGENCY PROVISIONS

352: Proclamation of Emergency.

353: Effect of Proclamation of Emergency.
354: Application of provisions relating to distribution of revenues while a Proclamation
of Emergency is in operation.
355: Duty of the Union to protect States against external aggression and internal
disturbance.
356: Provisions in case of failure of constitutional machinery in States.
357: Exercise of legislative powers under Proclamation issued under article 356.
358: Suspension of provisions of article 19 during emergencies.
359: Suspension of the enforcement of the rights conferred by Part III during
emergencies.
360: Provisions as to financial emergency.

PART XIX: MISCELLANEOUS

361: Protection of President and Governors

361A: Protection of publication of proceedings of Parliament and State Legislatures.
361B: Disqualification for appointment on remunerative political post.

363: Bar to interference by courts in disputes arising out of certain treaties,

agreements, etc.
363A: Recognition granted to Rulers of Indian States to cease and privy purses to be
abolished.
364: Special provisions as to major ports and aerodromes.
365: Effect of failure to comply with, or to give effect to, directions given by the
Union.
366: Definitions.
367: Interpretation.

PART XX: AMENDMENT OF THE CONSTITUTION

368: Power of Parliament to amend the Constitution and procedure.

PART XXI: TEMPORARY, TRANSITIONAL AND SPECIAL

PROVISIONS

369: Temporary power to Parliament to make laws with respect to certain matters in
the State List as if they were matters in the Concurrent List.
370: Temporary provisions with respect to the State of Jammu and Kashmir.
371: Special provision with respect to the States of Maharashtra and Gujarat.
371A: Special provision with respect to the State of Nagaland.
371B: Special provision with respect to the State of Assam.
371C: Special provision with respect to the State of Manipur.
371D: Special provisions with respect to the State of Andhra Pradesh.
371E: Establishment of Central University in Andhra Pradesh.
371F: Special provisions with respect to the State of Sikkim.
371G: Special provision with respect to the State of Mizoram.
371H: Special provision with respect to the State of Arunachal Pradesh.
371I: Special provision with respect to the State of Goa.
372: Continuance in force of existing laws and their adaptation.
372A: Power of the President to adapt laws.
373: Power of President to make order in respect of persons under preventive
detention in certain cases.
374: Provisions as to Judges of the Federal Court and proceedings pending in the

Federal Court or before His Majesty in Council.

375: Courts, authorities and officers to continue to function subject to the provisions
of the Constitution.
376: Provisions as to Judges of High Courts.
377: Provisions as to Comptroller and Auditor-General of India.
378: Provisions as to Public Service Commissions.
378A: Special provision as to duration of Andhra Pradesh Legislative Assembly.
392: Power of the President to remove difficulties.

PART XXII: SHORT TITLE, COMMENCEMENT,

AUTHORITATIVE TEXT IN HINDI AND REPEALS

393: Short titles.

394: Commencement.
394A: Authoritative text in the Hindi language.
395: Repeals.