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Course Name: Indian Constitution

Course Code: MCEEE301
Study Material

Course Code: MCEEE301 Semester: Third

Course Title: Indian Constitution Department: EEE

Pre-Requisites: School History & Civics

CO Course Outcomes

CO1 Recall the meaning and significance of the Indian Constitution as the fundamental law of the
land.

Understand the Indian political system, the powers and functions of the Union, State and Local
CO2
Governments in detail.

CO3 Exercise their fundamental rights in proper sense and analyze the outcomes of the Electoral
Process, Emergency provisions, Amendment procedure and the basics of PIL and guideline for
admission of PIL.
CO4 Access the Functioning of local administration starting from block to Municipal Corporation.

Name of the Teachers: Riya Barui, Susmita Bhakat

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SL MODULE CONTENTS PAGE NO.

Sources and constitutional history Features:
Indian Citizenship, Preamble, Fundamental Rights
1 3-14
Constitution and Duties, Directive Principles of State
Policy
Structure of the Indian Union: Federalism,
Centre- State relationship, President: Role,
power and position, PM and Council of
Union
ministers, Cabinet and Central Secretariat,
government and
2 Lok Sabha, Rajya Sabha. State government 15-23
its
and its administration: Governor: Role and
administration
Position, CM and Council of ministers, State
Secretariat: Organisation, Structure and
Functions.
Organization of supreme court, procedure of
the court, independence of the court,
jurisdiction and power of supreme court.
High court: Organization of high court,
procedure of the court, independence of the
court, jurisdiction and power of supreme
3 Supreme Court court. Subordinate courts: constitutional 24-36
provision, structure and jurisdiction.
National legal services authority, Lok adalats,
family courts, gram nyayalays. Public interest
litigation (PIL): meaning of PIL, features of
PIL, scope of PIL, principle of PIL, guidelines
for admitting PIL
District’s Administration head: Role and
Importance, Municipalities: Introduction,
Mayor and role of Elected Representative,
CEO of Municipal Corporation, Panchayati
Local raj: Introduction, PRI: Zila Panchayat, Elected
4 37-46
Administration officials and their roles, CEO Zila Panchayat:
Position and role, Block level: Organizational
Hierarchy (Different departments), Village
level: Role of Elected and Appointed officials,
Importance of grass root democracy.
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MODULE 1: Introduction to Indian Constitution

Introduction to the Indian Constitution

The Indian Constitution, adopted on November 26, 1949, and enforced on January 26, 1950,
is the supreme law of India. It lays down the framework for political principles, establishes the
structure, procedures, powers, and duties of government institutions, and sets out Fundamental
Rights, Directive Principles, and the duties of citizens.

As the longest written constitution of any sovereign nation, it establishes India as a sovereign,
socialist, secular, and democratic republic. The Constitution seeks to promote justice, liberty,
equality, and fraternity among its citizens. It has a federal structure with a unitary bias, ensuring
a strong central government while also providing autonomy to the states.

Drafted by the Constituent Assembly under the leadership of Dr. B.R. Ambedkar, the
Constitution reflects the aspirations of a diverse population and incorporates principles from
various global constitutions, tailored to India's unique social, cultural, and political context.

Sources

The sources of the Indian Constitution refer to the various laws, documents, and political systems
from which the framers of the Indian Constitution drew inspiration while drafting the document.
Here are some of the key sources:

1. The Government of India Act, 1935: This Act served as the main basis for the Indian
Constitution. Many provisions, including the federal structure, office of the governor,
powers of the federal judiciary, and emergency provisions, were borrowed from this Act.
2. British Constitution: Features such as the parliamentary system of government, the rule
of law, legislative procedures, and the institution of the Speaker and his functions were
adopted from the British Constitution.
3. U.S. Constitution: The framers borrowed the idea of fundamental rights, the
independence of the judiciary, judicial review, and the President as the supreme
commander of the armed forces from the U.S. Constitution.
4. Irish Constitution: The Directive Principles of State Policy were inspired by the Irish
Constitution.
5. Canadian Constitution: The concept of a federation with a strong center, and the idea of
residual powers lying with the center, were derived from the Canadian Constitution.
6. Australian Constitution: The idea of concurrent powers and the terminology such as
"trade and commerce" and "intercourse within the territory of India" were borrowed from
the Australian Constitution.
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7. Weimar Constitution of Germany: The provisions concerning the suspension of

fundamental rights during emergencies were drawn from the Weimar Constitution.
8. Soviet Union Constitution: The principles of justice, equality, and fraternity were
inspired by the Soviet Union Constitution.
9. French Constitution: The ideals of liberty, equality, and fraternity in the Preamble were
taken from the French Revolution and its principles.
10. South African Constitution: The procedure for amendment of the Constitution and
election of members of the Rajya Sabha were inspired by the South African Constitution.

These sources helped shape the Indian Constitution into a unique document that suits the diverse
and democratic fabric of India.

Constitutional History of India - Brief Overview

1. Early Developments:

• Regulating Act, 1773: First step towards centralization under British rule; established the
Governor-General of Bengal.
• Pitt’s India Act, 1784: Created dual control between the British Parliament and the East
India Company.
• Charter Acts (1793-1853): Gradually increased British control, with the 1833 Act
centralizing administration.

2. Government of India Act, 1858:

• Transferred power from the East India Company to the British Crown, marking the
beginning of direct British rule in India.

3. Indian Councils Acts (1861, 1892, 1909):

• Introduced Indian representation in legislative councils and established separate

electorates for Muslims (1909).
4. Montague-Chelmsford Reforms (1919):

• Introduced dyarchy in provinces, dividing subjects into "transferred" and "reserved," and
expanded legislative councils.

5. Simon Commission and Nehru Report (1927-1928):

• Simon Commission faced opposition for lack of Indian members. The Nehru Report
proposed dominion status and a federal structure.

6. Government of India Act, 1935:

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• Proposed a federal structure, introduced provincial autonomy, and established a bicameral

central legislature. It laid the groundwork for the Indian Constitution.

7. Indian Independence Act, 1947:

• Ended British rule, leading to the partition of India into India and Pakistan, and the
creation of the Constituent Assembly to draft a new constitution.

8. Drafting of the Indian Constitution (1946-1950):

• The Constituent Assembly, led by Dr. B.R. Ambedkar, drafted the Constitution, drawing
from various global influences. The Constitution was adopted on November 26, 1949, and
came into effect on January 26, 1950, establishing India as a sovereign, democratic
republic.

Features of the Indian Constitution:

The Constitution of India is a comprehensive document that lays down the framework of
governance and fundamental principles of the Indian polity. Here are the key features of the
Indian Constitution:

1. Lengthiest Written Constitution

Extensive Document: The Indian Constitution is the lengthiest written constitution in the world,
with 395 articles (at the time of adoption), 22 parts, and 8 schedules. It currently has over 450
articles, 25 parts, and 12 schedules due to amendments.

2. Preamble
Philosophical Introduction: The Preamble outlines the objectives and guiding principles of the
Constitution, declaring India to be a Sovereign, Socialist, Secular, Democratic Republic,
committed to Justice, Liberty, Equality, and Fraternity.

3. Federal Structure with Unitary Bias

Federal Features: The Constitution establishes a federal system of government with a clear
division of powers between the central government and state governments.
Unitary Features: During emergencies, the central government assumes greater control,
highlighting the unitary bias.

4. Parliamentary System of Government

Dual Executive: India follows a parliamentary system with a dual executive – the President
(nominal executive) and the Prime Minister along with the Council of Ministers (real executive).
Collective Responsibility: The Council of Ministers is collectively responsible to the Lok Sabha
(House of the People).
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5. Separation of Powers
Three Branches: The Constitution delineates powers among the legislative, executive, and
judicial branches to ensure a system of checks and balances.

6. Fundamental Rights
Individual Rights: Part III of the Constitution guarantees Fundamental Rights to individuals,
such as the right to equality, freedom, against exploitation, to freedom of religion, cultural and
educational rights, and the right to constitutional remedies.

7. Directive Principles of State Policy

Guiding Principles: Part IV outlines the Directive Principles, which are guidelines for the state
to promote social and economic welfare, though they are non-justiciable.

8. Fundamental Duties
Citizen Responsibilities: Part IVA lists the Fundamental Duties of citizens, added by the 42nd
Amendment in 1976, emphasizing moral obligations to promote a spirit of patriotism and uphold
the unity of India.

9. Independent Judiciary
Judicial Review: The Constitution provides for an independent judiciary with the power of
judicial review to ensure that laws and actions of the government comply with the Constitution.
Supreme Court: The apex court in India, the Supreme Court, has the final authority in
interpreting the Constitution.

10. Single Citizenship

Unified Citizenship: Unlike other federal countries, India has a single citizenship, promoting
national unity and integrity.

11. Universal Adult Franchise

Inclusive Voting Rights: The Constitution provides for universal adult franchise, allowing all
citizens aged 18 and above to vote without any discrimination.

12. Flexible and Rigid Amendments

Amendment Process: The Constitution provides a blend of rigidity and flexibility in its
amendment process, requiring a simple majority for some amendments and a special majority for
others, along with ratification by states in certain cases.

13. Emergency Provisions

Emergency Powers: The Constitution empowers the President to declare three types of
emergencies: National Emergency, State Emergency (President’s Rule), and Financial
Emergency, granting the central government sweeping powers during such times.
14. Bicameral Legislature
Two Houses: The Parliament of India consists of two houses – the Lok Sabha (House of the
People) and the Rajya Sabha (Council of States), ensuring representation of both the people and
the states.
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15. Special Provisions for Certain States

Unique Arrangements: The Constitution includes special provisions for certain states and
regions, such as Jammu and Kashmir (Article 370, now abrogated), and the North-Eastern states
to address their unique needs and circumstances.

16. Panchayati Raj System

Local Governance: The Constitution provides for a three-tier system of local governance in rural
areas, promoting decentralized administration and grassroots democracy.

These features collectively make the Indian Constitution a dynamic and living document,
capable of evolving with changing times while ensuring the stability and unity of the nation.

Citizenship of India

Citizenship of India is the legal status of a person recognized under the law as a member of the
Indian nation. It confers certain rights and duties upon an individual.

Key Points about Indian Citizenship

• Single Citizenship: India follows a single citizenship system, meaning a person is a

citizen of India and not of a particular state within India.

• Acquisition: Citizenship can be acquired through birth, descent, registration, or

naturalization.

• Constitutional Provisions: Articles 5 to 11 of the Indian Constitution deal with

citizenship.

• Citizenship Act, 1955: This act provides the legal framework for citizenship, including
its acquisition, termination, and determination.

Ways to Acquire Indian Citizenship

By Birth:
• Born in India before 1st July 1987.
• Born in India after 1st July 1987 if either parent is a citizen of India.
• Born in India after 3rd December 2004 if both parents are Indian citizens or one is an
Indian citizen and the other is not an illegal migrant.

By Descent:
• Born outside India but at least one parent is an Indian citizen.

By Registration:
• Certain categories of people, like those of Indian origin, can register as citizens if they
meet specific conditions.
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By Naturalization:
• Foreigners can acquire citizenship through naturalization after fulfilling specific
requirements like residence, good character, and knowledge of India.

Important Considerations
• Loss of Citizenship: Citizenship can be lost through renunciation, termination, or
deprivation.

• Dual Citizenship: While India generally doesn't recognize dual citizenship, there are
exceptions for certain categories of people.

Preamble of the Indian Constitution

The Preamble to the Indian Constitution is a brief introductory statement that outlines the
fundamental values, principles, and objectives of the Indian state. It serves as a guiding light for
interpreting the Constitution and understanding its spirit.

Key Features of the Indian Preamble:

• We, the People of India: Emphasizes the sovereignty of the people.

• Constitute India into a Sovereign Socialist Secular Democratic Republic: Defines the
basic political structure of the nation.

• Justice, Liberty, Equality, and Fraternity: Outlines the foundational values of Indian
society.

Interpretation of the Preamble:

• Sovereign: India is independent and has the right to govern itself without external
interference.

• Socialist: The state aims to promote the welfare of the people through economic and
social justice.

• Secular: India respects all religions and ensures equality for all faiths.

• Democratic: The power to govern rests with the people, exercised through elected
representatives.

• Republic: The head of the state is elected, not hereditary.

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• Justice: Ensures social, economic, and political justice for all citizens.

• Liberty: Guarantees individual freedoms and rights.

• Equality: Promotes equality of status, opportunity, and before the law.

• Fraternity: Fosters a sense of unity and brotherhood among the people.

Fundamental Rights

• Enshrined in Part III of the Indian Constitution (Articles 12-35).

• Guarantees essential freedoms and liberties to citizens.
• Aim to protect individual dignity and personality.
• Can be suspended during emergencies (except Articles 20 and 21).

Types of Fundamental Rights

1. Right to Equality: Prohibits discrimination based on caste, religion, sex, or place of birth.
Includes equality before the law, equal opportunities, abolition of untouchability, and
titles.

2. Right to Freedom: Guarantees freedom of speech and expression, assembly, association,

movement, residence, profession, and religion. Subject to reasonable restrictions.

3. Right Against Exploitation: Prohibits forced labor, human trafficking, and child labor.

4. Right to Freedom of Religion: Ensures freedom of conscience, practice, and propagation

of religion.

5. Cultural and Educational Rights: Protects the rights of minorities to conserve their
culture, language, and script.

6. Right to Constitutional Remedies: Guarantees the right to enforce fundamental rights

through courts, including the writ jurisdiction.

Fundamental Duties

• Incorporated into the Constitution through the 42nd Amendment (Article 51A).
• Moral obligations of citizens towards the nation.
• Not enforceable by law but essential for a democratic society.
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Key Fundamental Duties

• Respect the Constitution, the National Flag, and the National Anthem.
• Cherish and follow the ideals of freedom struggle.
• Maintain unity and integrity of India.
• Defend the country and render national service.
• Promote harmony and the spirit of common brotherhood.
• Preserve the rich heritage of our composite culture.
• Protect the environment and wildlife.
• Strive for excellence in all spheres of individual and collective activity.
• Develop scientific temper, humanism, and the spirit of inquiry.
• Safeguard public property and avoid wastage.
• Abjure violence and follow the path of non-violence.

Note:

• While Fundamental Rights are justiciable (can be enforced by courts), Fundamental

Duties are not legally enforceable but carry moral and ethical weight.

Directive Principles of State Policy (DPSP)

1. Introduction:
• DPSPs are guidelines in the Indian Constitution (Part IV, Articles 36-51) aimed at
guiding the state in creating laws and policies that promote social and economic welfare.
They are non-justiciable, meaning they are not enforceable by courts but are fundamental
in the governance of the country.

2. Features:
• Non-Justiciable: DPSPs cannot be enforced in a court of law.
• Moral Obligation: They impose a moral duty on the government to implement them.
• Complementary to Fundamental Rights: DPSPs focus on social and economic
democracy, complementing the political rights ensured by Fundamental Rights.

3. Categories:
• Social and Economic Principles: Focus on welfare, equality, and livelihood.
• Gandhian Principles: Emphasize village panchayats, cottage industries, and prohibition.
• Liberal-Intellectual Principles: Include provisions for a uniform civil code, free
education, and promotion of international peace.
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4. Significance:
• Welfare State Blueprint: DPSPs aim to establish a just society by guiding the state to
address inequalities.
• Guidance for Policy Making: They serve as a framework for creating laws and policies
focused on social and economic justice.
• Influence on Judiciary: While non-enforceable, DPSPs often influence judicial
decisions, particularly in interpreting Fundamental Rights.

5. Relationship with Fundamental Rights:

• Complementary: DPSPs and Fundamental Rights together aim to establish a just and
equitable society.
• Harmonization: Courts have sought to balance DPSPs with Fundamental Rights in cases
of conflict.

6. Criticism:
• Non-Enforceability: The non-justiciable nature of DPSPs is often seen as limiting
their impact.
• Ambiguity: Some principles are vague, leading to subjective interpretation.
• Slow Implementation: There has been criticism over the slow progress in realizing
the goals set out in the DPSPs.

7. Conclusion:
• DPSPs play a crucial role in guiding the state towards creating a welfare state, though
their non-enforceability limits their direct impact. They reflect the aspirations for social
and economic justice in India.

PRACTICE SET: MODULE 1

Bloom's Taxonomy Level 1 (Remember)

1. Define a Written Constitution.

2. From which Constitution, the Indian Constitution has adopted the principle of Directive
Principles of State Policy?
3. Write a short note on the formation of the Constituent Assembly.
4. What is the importance of the Government of India Act of 1935?
5. Which day is celebrated as the Constitution Day in India?
6. What is the meaning of secular state?
7. What is the right against exploitation?
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8. When was the Constitution of India implemented?

9. What is the aim of Fundamental Duties?
10. What is the need of a Preamble of our Indian Constitution?

Bloom's Taxonomy Level 2 (Understand) – With Hints

1. Explain the term Adult Suffrage.

🔹 Hint: Think about who has the right to vote in India. Consider age, gender, and citizenship.
Why is this right important in a democracy?

2. What do you understand about a parliamentary form of government? Give an example.

🔹 Hint: Consider who holds the real power—the President or Prime Minister. How are laws
made? Take India or the UK as an example.

3. Outline the importance of the terms Liberty, Equality and Fraternity in the context of Indian
Constitution.
🔹 Hint: Think of these as values that guide how people are treated in society—freedom of
thought, equal treatment, and living together peacefully. Mention their role in maintaining
democracy and unity.

4. Explain the significance of the starting words of the preamble ’We, the people of India’.
🔹 Hint: Who gives the Constitution its authority? Think about what it means for people to be
the source of power in a democracy.

5. Outline the importance of the Right to Constitutional Remedies.

🔹 Hint: What can a person do if their rights are denied? Think about going to court to protect
rights and how this keeps the government in check.

6. Exemplify the concept of ‘Single Citizenship’ in the Indian Constitution.

🔹 Hint: Think about whether people in India have citizenship only of India or also of states.
Compare this with countries like the USA, if needed.

7. Explain the scope of freedom of speech and expression in the Indian Constitution.
🔹 Hint: What people are allowed to say or express? Are there limits? Think of real-life examples
like media freedom, protests, or social media.

8. Articulate the democratic nature of the Indian government.

🔹 Hint: Who elects the leaders? How are laws made? What rights do people have? Focus on
features like elections, rule of law, and participation.

9. Why does any nation need a constitution?

🔹 Hint: Think of rules that guide how a country runs. How does it help protect people’s rights,
prevent misuse of power, and provide structure?

10. Outline your ideas about separation of powers in the Indian Constitution.
🔹 Hint: Who makes the laws, who implements them, and who checks if they’re followed? Think
of the three main branches: Legislature, Executive, and Judiciary.
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Bloom's Taxonomy Level 3 (Apply) – With Hints

1. Explain how Fundamental Rights can help someone in a real-life situation. Give an example.
🔹 Hint: Think about a news story where someone was denied freedom of speech, education, or
equality—and how they used the law to get justice.

2. Show how the Indian Constitution gives equal rights to all citizens using a simple example or
situation.
🔹 Hint: Think about how boys and girls, or people from different castes and religions, get equal
access to schools, jobs, or voting.

3. Pick and explain two exceptions to the rule of single citizenship in India. Use examples if
possible.
🔹 Hint: Look into regions like Jammu & Kashmir (before Article 370 was removed), or special
provisions for certain states like Nagaland or Mizoram.

4. Give an example or situation where someone questioned or criticized the Fundamental Duties.
What was the reason?
🔹 Hint: Think about how some people say that duties are not followed or enforced properly—
for example, people not respecting the national flag or environment.

5. Take a case or news story and apply the articles related to citizenship to explain what happened.
🔹 Hint: Look at real-life situations like the NRC in Assam or someone applying for Indian
citizenship and the issues they faced.

6. Choose a government scheme and show how it follows Gandhian ideas from the Directive
Principles of State Policy.
🔹 Hint: Think about rural development, village industries, cleanliness (Swachh Bharat), or
helping poor and marginalized groups.

7. Pick an event from India’s freedom struggle and explain how it helped in creating the
Constitution.
🔹 Hint: Think about the Quit India Movement, the 1942 Resolution, or formation of the
Constituent Assembly. What lessons did we learn that went into the Constitution?

8. Give an example of how a person can lose Indian citizenship and explain why it happens.
🔹 Hint: Think of someone who takes up citizenship of another country or someone who gives
up Indian citizenship by choice.

9. Use an example to show the difference between a rigid and a flexible constitution. Try to
compare India with another country.
🔹 Hint: India is flexible because it can be amended easily. The US is more rigid. Show how
changes happen differently in both.

10. Take an example from current affairs or past events and explain how India acts like a
federation in that situation.
🔹 Hint: Think about how power is shared between the Central and State Governments—for
example, how different states handle education policies, law and order, or how both Centre and
State governments work together during a natural disaster like a flood or cyclone.
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Bloom's Taxonomy Level 4 (Analyze) – With Hints

1. How do the Directive Principles of State Policy work together to build a fair and modern
country? Break down their political, social, and economic parts.
🔹 Hint: Think of examples like free education (social), equal pay for work (economic), and
village governance (political). Explain how they together aim to make India a better place for
everyone.

2. What does the Constitution mean by ‘Justice’? Break it into its parts—social, economic, and
political—and explain how each one is applied in India.
🔹 Hint: Think about how the Constitution wants all citizens to have equal rights, fair
opportunities, and a say in politics, regardless of their background or wealth.

3. How are Fundamental Rights and Directive Principles connected? Where do they support each
other, and where do they clash?
🔹 Hint: Use examples like the Right to Equality vs. reservation policies, or freedom of speech
vs. duty to protect unity. Point out how the government balances between rights and duties.

4. What important values does the Preamble of our Constitution talk about? How do these values
shape India’s political and social system? Are these values still followed in today’s India?
🔹 Hint: Talk about values like justice, liberty, equality, and fraternity. Give real-life examples
where these values are followed—or not followed—in modern governance and society.

5. What are the different ways someone can become an Indian citizen? How do these ways reflect
the values of our Constitution, and how do they affect India’s population and politics?
🔹 Hint: Mention ways like birth, descent, registration, and naturalization. Connect them to
values like inclusion and equality. Discuss how these rules might change who becomes a citizen
and what it means for the country.

6. Why do some people criticize the Directive Principles? What do these criticisms tell us about
the gap between ideal goals and what’s possible in real governance?
🔹 Hint: Talk about how these principles are not enforceable by law, and how that limits their
effect. Also, think about whether it’s possible for a government to follow all of them equally.
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MODULE 2: Union Government and its Administration

Union Government and its Administration:

India is a federal parliamentary democratic republic. It means that the country is both federal in
nature (with division of powers between the Union and States) and parliamentary (with elected
representatives forming the government).

The Union Government of India is the central government that governs the entire country. It is
responsible for handling matters of national importance and coordinating with the state
governments.

Structure of the Indian Union

The Indian Union, as outlined in the Constitution of India, is a federal structure with a strong
central government. It consists of three main branches:

1. The Executive

The executive branch is responsible for implementing and enforcing laws. It is divided into two
parts:

President of India:

• The President is the ceremonial head of the state and is the supreme commander of the
armed forces.
• The President acts on the advice of the Prime Minister and the Council of Ministers.
• Powers include appointing the Prime Minister, issuing ordinances, and declaring
emergencies.

Council of Ministers:

• Headed by the Prime Minister, who is the real head of the government.
• The Council of Ministers, including Cabinet Ministers, Ministers of State, and Deputy
Ministers, is responsible for the day-to-day administration and decision-making.
• The Prime Minister is the leader of the majority party in the Lok Sabha (House of the
People).

2. The Legislature

The legislature, or Parliament, is responsible for making laws. It is bicameral, consisting of two
houses:
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Lok Sabha (House of the People):

• Members are directly elected by the people.

• The Lok Sabha is the lower house of Parliament and has greater power in matters like
money bills.
• The Prime Minister must maintain the confidence of the Lok Sabha.
Rajya Sabha (Council of States):

• Members are elected by the state legislative assemblies and by the President for nominated
members.
• It is the upper house of Parliament and represents the states and union territories.
• It reviews and suggests amendments to legislation proposed by the Lok Sabha.

3. The Judiciary

The judiciary interprets the laws and ensures they are consistent with the Constitution. It is
independent of the executive and legislature.

Supreme Court of India:

• The highest judicial authority in India.

• The Supreme Court has original jurisdiction, appellate jurisdiction, and advisory
jurisdiction.
• It can strike down laws passed by the legislature if they are unconstitutional.

High Courts and Subordinate Courts:

• Each state has its own High Court, which is the highest judicial authority in the state.
• Below the High Courts are the subordinate courts, which include district courts and other
lower courts handling civil and criminal cases.

Federal Structure with a Strong Centre

Division of Powers:

• The Constitution divides powers between the Union and State governments through three
lists: Union List, State List, and Concurrent List.
• The Union List includes subjects on which only the central government can legislate
(e.g., defense, foreign affairs).
• The State List includes subjects on which only state governments can legislate (e.g.,
police, public health).
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• The Concurrent List includes subjects on which both the Union and State governments
can legislate (e.g., education, marriage).

Amendment Procedure:

The Constitution can be amended by the Parliament, but certain amendments affecting federal
structure require ratification by at least half of the state legislatures.

Centre-State Relationship:

The Constitution defines the powers and responsibilities of both the Union and State
governments. This relationship can be categorized into three lists: Union List (subjects
exclusively under Union control), State List (subjects exclusively under State control), and
Concurrent List (subjects on which both can legislate).

Role of the President of India

The President of India is the ceremonial head of the state and the highest constitutional authority
in the country. As the first citizen of India, the President represents the unity and integrity of the
nation. Though the role is largely ceremonial, the President plays a crucial part in the functioning
of the Indian parliamentary democracy.

Powers of the President of India

The powers of the President can be categorized as follows:

1. Executive Powers:

• Head of the Union Executive: The President appoints the Prime Minister and, on the
Prime Minister's advice, appoints the Council of Ministers.
• Appointments: The President appoints key officials, including Governors of states, the
Chief Justice and judges of the Supreme Court and High Courts, and ambassadors.
• Military: The President is the supreme commander of the Indian armed forces and
appoints the chiefs of the Army, Navy, and Air Force.
• Ordinances: The President can issue ordinances when Parliament is not in session, which
have the same effect as laws passed by Parliament.

2. Legislative Powers:

• Summoning and Proroguing: The President can summon and prorogue the sessions of
Parliament and dissolve the Lok Sabha.
• Assent to Bills: A bill passed by Parliament becomes law only after the President's assent.
The President can return a bill for reconsideration, except for money bills.
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• Nomination: The President can nominate 12 members to the Rajya Sabha (Council of
States) and 2 members to the Lok Sabha (House of the People) from the Anglo-Indian
community (if the community is underrepresented).

3. Judicial Powers:

• Pardoning Powers: The President has the power to grant pardons, reprieves, respites, or
remission of punishment. This includes the power to commute death sentences.
• Judicial Appointments: The President appoints judges to the Supreme Court and High
Courts.

4. Diplomatic Powers:

• The President represents India in international forums and diplomatic affairs.

• The President appoints ambassadors and high commissioners and receives foreign
diplomats.

5. Emergency Powers:

• National Emergency: The President can declare a national emergency in case of war,
external aggression, or armed rebellion.
• President’s Rule: The President can impose President’s Rule in a state if the state
government fails to function according to the provisions of the Constitution.
• Financial Emergency: The President can declare a financial emergency if the financial
stability or credit of India is threatened.
Position of the President of India

• Ceremonial Head: The President's position is largely ceremonial, as real executive power
is exercised by the Prime Minister and the Council of Ministers. The President acts on the
advice of the Council of Ministers.

• Symbol of Unity: The President represents the unity and integrity of the nation.

• Guardian of the Constitution: The President has a role in ensuring that the Constitution
is upheld and that the government functions within the constitutional framework.

• Arbiter in Crises: In situations where there is no clear majority in the Lok Sabha or when
there is a need to resolve a constitutional crisis, the President’s discretion becomes
significant.
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Prime Minister and Council of Ministers

Prime Minister (PM)

• Role: The Prime Minister is the head of the government and the leader of the executive
branch. As the chief advisor to the President, the PM plays a key role in decision-making,
policy formulation, and administration.

• Appointment: The Prime Minister is appointed by the President, usually the leader of the
majority party in the Lok Sabha (House of the People).

• Responsibilities:
• Leads the Council of Ministers and is responsible for the functioning of the
government.
• Represents the country domestically and internationally.
• Acts as the link between the President and the Council of Ministers.
• Guides and coordinates the work of various ministries.

Council of Ministers

• Structure: The Council of Ministers is a body of ministers headed by the Prime Minister,
consisting of Cabinet Ministers, Ministers of State, and Deputy Ministers.

• Cabinet Ministers: Senior ministers in charge of major ministries (e.g., Home,

Finance, Defence). They play a significant role in decision-making and are part of the
Cabinet.
• Ministers of State: They may either have independent charge of smaller
ministries or assist Cabinet Ministers in specific areas.
• Deputy Ministers: They assist ministers and handle specific tasks within a
ministry.

• Collective Responsibility: The Council of Ministers is collectively responsible to the Lok

Sabha. This means that all ministers, including the Prime Minister, are accountable to the
Parliament for their actions and decisions.

• Decision-Making: The Council of Ministers formulates and implements government

policies, and the Cabinet plays a crucial role in major policy decisions.

Cabinet

• Composition: The Cabinet is a smaller group within the Council of Ministers, consisting
of the most senior ministers. It is the core decision-making body of the government.
 P a g e | 20

• Functions:

• Policy Formulation: The Cabinet is responsible for formulating major policies

and making decisions on important national and international issues.

• Administration: It coordinates the work of different ministries and ensures the

smooth functioning of the government.

• Advisory Role: The Cabinet advises the President on matters related to

governance and administration.

• Meetings: The Cabinet meets regularly to discuss and decide on government policies and
issues.

Central Secretariat

• Role: The Central Secretariat is the administrative arm of the government that assists in
policy formulation, coordination, and implementation. It serves as the hub of the
executive branch and supports the Council of Ministers.

• Structure:

• Ministries/Departments: Each ministry or department is headed by a Cabinet

Minister, with a Secretary (a senior civil servant) as the administrative head.

• Secretaries: Secretaries are responsible for the administration and implementation

of policies within their respective ministries. They provide advice to ministers and
ensure that decisions are executed effectively.

• Functions:

• Policy Implementation: The Secretariat implements the policies and decisions

made by the Cabinet and the Council of Ministers.

• Coordination: It coordinates activities between different ministries and

departments to ensure smooth governance.

• Advisory: The Central Secretariat provides expert advice to ministers and assists
in drafting policies and legislation.

Key Points

• The Prime Minister leads the government, supported by the Council of Ministers.
• The Cabinet is the core group within the Council, making key decisions and guiding
national policies.
• The Central Secretariat acts as the administrative machinery, ensuring that government
decisions and policies are effectively implemented.
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PRACTICE SET: MODULE 2

Bloom's Taxonomy Level 1 (Remember)

1. What is federalism?
2. Which two levels of government share power in the Indian federal system?
3. Name the three types of lists that categorize the powers of the Indian government.
4. What is the significance of the Seventh Schedule in the Indian Constitution?
5. Which Article of the Indian Constitution deals with the division of powers between the
center and states?
6. What is a "unitary" feature in the Indian federal system?
7. Who is responsible for resolving disputes between the center and states in India?
8. Name one state in India with its own constitution.
9. What is the role of the Rajya Sabha in the federal structure of India?
10. Which organization oversees the distribution of financial resources between the center
and states in India?

Bloom's Taxonomy Level 2 (Understand) – With Hints

1. Explain the difference between the President of India and the Prime Minister in terms of their
roles and powers.
🔹 Hint: Think about who is the ceremonial head and who has real executive powers. The
President is the constitutional head, while the PM leads the government and makes day-to-day
decisions.

2. Describe the primary function of the Lok Sabha and the Rajya Sabha in India's parliamentary
system.
🔹 Hint: Consider how laws are made. Think of Lok Sabha as the house of the people and Rajya
Sabha as the house of states. Who introduces money bills? Who represents which group?

3. Briefly compare the roles of the Chief Minister and the Governor in an Indian state. How do
their powers and responsibilities differ?
🔹 Hint: The Governor is the ceremonial head (like the President at the state level), while the
Chief Minister leads the government and takes executive decisions.

4. Identify the key features that distinguish a federal system of government from a unitary system,
as seen in India.
🔹 Hint: Think about division of powers between Centre and States. In federal systems like
India’s, both levels of government have their own powers and responsibilities.

5. Explain the role of political parties in influencing the power structure and decision-making
processes in India.
🔹 Hint: Consider how parties contest elections, form governments, and influence policies. Also
think about ruling vs. opposition roles.
 P a g e | 22

6. Describe the constitutional provisions that ensure the separation of powers in the Indian
government.
🔹 Hint: Think about the three branches—Legislature, Executive, and Judiciary—and how they
function independently while checking each other’s power.

7. How is the Prime Minister of India appointed?

🔹 Hint: After general elections, the President invites the leader of the majority party in the Lok
Sabha to become PM.

8. What do you understand about the Collective Responsibility of the Council of Ministers?
🔹 Hint: Think about how all ministers support the decisions of the government. If one decision
is questioned, the entire Council is responsible.

9. Comment on the process of removal of the Governor of states in India.

🔹 Hint: The Governor is appointed and can be removed by the President. There’s no fixed
procedure in the Constitution, but it’s based on the advice of the central government.

10. How is the State Council of Ministers appointed?

🔹 Hint: The Chief Minister is appointed first by the Governor, and then the CM selects ministers,
who are also appointed by the Governor on the CM’s advice.

Bloom's Taxonomy Level 3 (Apply) – With Hints

1. Use your knowledge to show how the Prime Minister’s powers are different from other
ministers in the Council. How do these differences affect decisions made in the government?
🔹 Hint: Think about how the PM leads the Council, takes key decisions, and represents the
country. Compare that with roles of other ministers like Education or Health.

2. Pick a recent government policy or scheme (like Digital India or PM Awas Yojana). Show how
the Central Secretariat helped in planning and carrying it out.
🔹 Hint: Think about departments preparing reports, giving advice, collecting data, or helping
ministers make and apply the plan.

3. Explain how a new government policy is made and applied. Show what the Prime Minister,
the ministers, and the Central Secretariat do during this process.
🔹 Hint: Think about steps like planning, decision-making, paperwork, approval, and making the
policy work across the country.

4. Use what you know to explain the three levels of the Council of Ministers—Cabinet, Ministers
of State, and Deputy Ministers. How does this system help or slow down decision-making in
India?
🔹 Hint: Look at what each level does. Think about whether having many ministers helps divide
work or causes delays.

5. Apply your understanding to explain how the Speaker of the Lok Sabha helps in running the
Parliament smoothly. What role does the Speaker play in debates and law-making?
🔹 Hint: Think about how the Speaker controls speaking time, keeps order, follows rules, and
ensures all voices are heard.
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6. Use examples to show how India’s federal system (power shared between Centre and States)
helps or creates problems in governing the country.
🔹 Hint: Use real cases—like how different states responded to COVID-19, or how education or
water issues are handled differently by Centre and States.

Bloom's Taxonomy Level 4 (Analyze) – With Hints

1. Analyze the similarities and differences in the composition, powers, and functions of the Lok
Sabha and the Rajya Sabha. How do their roles complement each other in the Indian legislative
process?
🔹 Hint: Compare the number of members, how they are elected, and their powers (money bill,
impeachment, etc.). Look at how both houses pass laws and check each other’s decisions.

2. Examine the role of the Chief Minister by analyzing their relationship with the Council of
Ministers, the Governor, and the State Legislature. How does this network of responsibilities
affect state governance?
🔹 Hint: Discuss how the CM leads the Council of Ministers, advises the Governor, and answers
to the State Assembly. Show how these relationships help in law-making and running the state.

3. Analyze the financial powers of the President of India. In what ways are these powers
influenced or limited by other institutions?
🔹 Hint: Focus on powers like presenting the budget, approving money bills, and funds
allocation. Show how the President acts on advice from the Cabinet and depends on Parliament.

4. Break down the relationship between the Centre and the States in India. How does this division
of powers shape governance and federal functioning?
🔹 Hint: Use the Union, State, and Concurrent Lists. Talk about how laws are made at both levels,
and mention cases of cooperation or conflict, like during emergencies or disputes.

5. Analyze the role of the Prime Minister as a link between the President and the Cabinet. How
does this role ensure smooth functioning of the executive branch?
🔹 Hint: Show how the PM communicates Cabinet decisions to the President, leads the Council
of Ministers, and ensures coordination between constitutional authorities.

6. Critically analyze why decisions taken by the Chief Minister and other ministers should be
debated in the Legislative Assembly. How does this process ensure transparency and democratic
functioning?
🔹 Hint: Explain the importance of questioning, discussion, and approval in a democracy. Think
about how debates prevent misuse of power and allow public representatives to raise concerns.
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MODULE 3: Supreme Court

Indian Judiciary

The Indian judiciary is the branch of the Indian government responsible for interpreting and
upholding the laws of the country. It is an integral part of the democratic system and plays a
crucial role in maintaining the rule of law, protecting individual rights, and ensuring justice for
all citizens.

Supreme Court

Organization of the Supreme Court

The Supreme Court of India is headed by the Chief Justice of India (CJI), who is the highest
judicial authority in the country. The Court also consists of a fixed number of judges, as
determined by law. Thesanctioned strength of the Supreme Court was 34 judges, including the
CJI. However, this number can be changed by legislation.

Procedure of the Court

The Supreme Court hears cases of national importance, constitutional matters, and appeals from
lower courts. It operates on both original and appellate jurisdictions. The procedure in the
Supreme Court follows the principles of natural justice and due process.

The Court's proceedings are generally open to the public, but in certain cases involvingsensitive
matters, it can hold closed-door proceedings. The Chief Justice assigns cases to different benches
of the Court, and the benches consist of a varying number of judges, depending on the nature and
importance of the case.

Independence of the Court

The independence of the Supreme Court is a foundational principle of the Indian judicial system. It
is essential for upholding the rule of law and ensuring impartial and fair judgments. Several
measures are in place to safeguard the independence of the judiciary:

• Security of Tenure: Once appointed, a judge of the Supreme Court can only be removed
through a rigorous impeachment process in Parliament. This ensures that judges are not
subject to arbitrary removal by the executive or legislative branches.

• Financial Independence: The budget of the Supreme Court is not subject to the
approval of the government. This financial autonomy prevents any undue influence over
the functioning of the Court.
 P a g e | 25

• Appointment Process: While the appointment process has been a matter of debate, the
principle of having a consultative process involving the Executive, Judiciary, and
sometimes the legal community helps in selecting judges based on merit and integrity.

Jurisdiction and Powers of the Supreme Court

The Supreme Court of India has extensive jurisdiction and powers, including:

• Original Jurisdiction: The Supreme Court has original jurisdiction in cases involving
disputes between the Government of India and one or more states, or between states
themselves. It also has the power to hear cases involving fundamental rights directly.

• Appellate Jurisdiction: The Supreme Court is the highest court of appeal in civil,
criminal, and constitutional matters. It hears appeals against decisions of High Courts,
and its decisions are binding on all other courts in India.

• Advisory Jurisdiction: The President of India can seek the Supreme Court's opinion on
any question of law or fact. However, this is not binding on the President.

• Writ Jurisdiction: The Supreme Court can issue writs for the enforcement of
fundamental rights under Article 32 of the Constitution. These writs include habeas
corpus, mandamus, prohibition, certiorari, and quo warranto.

• Judicial Review: The Supreme Court has the power of judicial review, allowing it to
examine the constitutionality of laws, executive actions, and government policies. It
ensures that laws and actions are in conformity with the Constitution.

• Contempt of Court: The Supreme Court has the power to punish individuals for
contempt of court, which includes actions that defy or undermine the authority of the
judiciary.

These powers and jurisdictions collectively make the Supreme Court the highestauthority in the
Indian judicial system, responsible for upholding the Constitution and ensuring justice for all
citizens.

High Court

Organization of High Court

Each state in India has its own High Court. The organization of High Courts is similar to the
Supreme Court, but on a state level. Each High Court is headed by a Chief Justiceand consists of
a certain number of judges, the exact number being determined by the respective state's
legislation.
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Procedure of the Court

The High Court functions as the highest court within the state and is primarily an appellate court.
It hears appeals from lower courts within the state, as well as cases of original jurisdiction that
are not exclusively reserved for the Supreme Court. The procedure of the High Court is guided
by principles of natural justice and due process, similar to the Supreme Court.

The Chief Justice of the High Court assigns cases to different benches, each comprisingone or
more judges, depending on the complexity and significance of the cases. The High Court also
has the power to issue writs for the enforcement of fundamental rights under Article 226 of the
Constitution, similar to the Supreme Court's power under Article 32.

Independence of the Court

The independence of High Courts is crucial for maintaining the integrity of the state- level
judiciary. The same principles that protect the independence of the Supreme Court, such as security
of tenure and financial autonomy, apply to High Courts as well.

The appointment process of High Court judges typically involves a consultative mechanism that
includes the Chief Justice of India, the Chief Justice of the concerned High Court, the Governor
of the state, and sometimes the President of India. This process is designed to ensure that
qualified and impartial individuals are appointed to the High Court.

Qualifications of a High Court Judge.

In India, the qualifications for appointment as a High Court judge are outlined in Article 217
of the Constitution of India. According to this article, a person must meet the following criteria
to be eligible for appointment as a judge of a High Court:

• Citizenship: The candidate must be a citizen of India.

• Age: The candidate must be at least 35 years old.

• Advocate: The candidate must have been an advocate or a pleader in a High Court or in
two or more such courts in succession for at least ten years.

OR

Judicial Service: The candidate must have held a judicial office in a territory of Indiaor in a
judicial office for at least ten years.

These qualifications are meant to ensure that individuals appointed as High Court judges have
a deep understanding of legal principles, extensive experience in legal practice or the judicial
system, and the necessary competence to fulfill the responsibilities of a judge. The appointment
of High Court judges involves a rigorous process, including consultation with the Chief Justice
of India, the Chief Justice of the concerned High Court, and the Governor of the state in which
the High Court is located.
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Jurisdiction and Powers of High Court

The High Court's jurisdiction and powers are as follows:

• Appellate Jurisdiction: The High Court is the highest appellate court within the state.
It hears appeals from lower courts, including district courts and other subordinate
courts, within its territorial jurisdiction.

• Original Jurisdiction: The High Court has original jurisdiction to hear cases of civil
and criminal nature that are of substantial importance and require a higher level of legal
expertise.

• Writ Jurisdiction: The High Court can issue writs, orders, or directions for the
enforcement of fundamental rights and for any other purpose under Article 226 of the
Constitution. These writs are similar to those issued by the Supreme Court under Article
32.

• Supervisory Jurisdiction: The High Court exercises supervisory jurisdiction over the
subordinate courts within its territorial jurisdiction. It can review their decisions and
issue orders to ensure proper administration of justice.

• Contempt of Court: Similar to the Supreme Court, the High Court has the power to
punish individuals for contempt of court.

• Civil and Criminal Jurisdiction: The High Court handles a wide range of civil and
criminal cases, including matters related to property disputes, contracts, family law,
constitutional law, and more.

Subordinate Courts

Constitutional Provision

Subordinate courts in India are established under the constitutional framework provided by the
Constitution of India. Article 233 to Article 237 of the Constitution deals with the organization,
appointment, and control of subordinate courts. These courts function under the supervision
and control of the High Court of the respective state, ensuring that justice is administered at
the grassroots level.

Structure

The structure of subordinate courts in India is hierarchical, consisting of several levels:

• District Courts: At the top of the subordinate judiciary, each district in a state has a
District Court, headed by a District Judge. It has both original and appellate jurisdiction.
• Civil Courts: Below the District Court, there are Civil Courts, which handle civil cases.
 P a g e | 28

These include courts like the Court of the Senior Civil Judge, Junior Civil Judge, and
Munsiff Court.
• Criminal Courts: These courts handle criminal cases and include the Court of the
Chief Judicial Magistrate (CJM), Additional Chief Judicial Magistrate, and Judicial
Magistrates of First and Second Class.
• Family Courts: Established under the Family Courts Act, 1984, these courts deal with
matters related to family law, such as marriage, divorce, child custody, and
maintenance.
• Special Courts: These are established for specific purposes, such as Consumer Courts,
Labor Courts, and Juvenile Courts, to deal with particular types of cases.

Jurisdiction
Subordinate courts have jurisdiction over a wide range of matters, both civil and criminal,
depending on their level and the nature of the case.

Civil Jurisdiction:

• Original Jurisdiction: Civil courts at various levels can hear civil suits directly, with the
jurisdiction typically depending on the value of the subject matter. For example, Junior
Civil Judges may handle cases with lower monetary values, while Senior Civil Judges
handle higher-value disputes.
• Appellate Jurisdiction: Some subordinate courts also have appellate jurisdiction to hear
appeals from lower courts. For instance, District Courts can hear appeals from decisions
made by courts of the Senior Civil Judge.

Criminal Jurisdiction:

• Trial Jurisdiction: Criminal courts have the authority to conduct trials for various
offenses. The Court of the Judicial Magistrate, for instance, handles minor offenses,
while more serious crimes are tried by the Sessions Court under the District Court.
• Appellate Jurisdiction: The Sessions Court can hear appeals against convictions or
acquittals made by lower criminal courts. It also has the power to revise judgments or
orders passed by subordinate criminal courts.

Special Jurisdiction:

• Family Courts: These courts have jurisdiction over matters related to marriage,
divorce, and child custody.
• Consumer Courts: They deal with cases involving consumer rights and disputes over
 P a g e | 29

goods and services.

• Labor Courts: These courts handle disputes between employers and employees,
including issues related to wages, working conditions, and unfair labor practices.

National Legal Services Authority (NALSA)

The National Legal Services Authority (NALSA) was established under the Legal Services
Authorities Act, 1987. Its primary purpose is to provide free legal services to weaker
sections of society and to ensure that opportunities for securing justice are not denied to any
citizen by reason of economic or other disabilities. NALSA also organizes Lok Adalats to
settle disputes amicably.

Key Functions:

• Provide free legal aid and services.

• Conduct legal awareness programs.
• Organize Lok Adalats.
• Encourage settlement of disputes through Alternative Dispute Resolution (ADR)
mechanisms.

Lok Adalats

Lok Adalats are an informal system of justice dispensation that encourages the amicable
settlement of disputes. They are part of the legal services authority and are organized under
the Legal Services Authorities Act, 1987. Lok Adalats have the authority to settle disputes
which are pending in the court or are in the pre-litigation stage.

Features:

• Non-adversarial and speedy resolution of disputes.

• Decisions are binding and are considered as decrees of a civil court.
• No appeal lies against the decision of a Lok Adalat.
• It is voluntary, with both parties agreeing to resolve their dispute.

Family Courts

Family Courts are specialized courts established to deal with disputes related to family
matters such as marriage, divorce, child custody, and guardianship. The Family Courts Act,
1984, provides for their establishment with the objective of promoting conciliation and
secure a speedy settlement of disputes.
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Key Characteristics:

• Focus on resolving family disputes through conciliation and negotiation.

• Aim to reduce the adversarial nature of litigation in family matters.
• Proceedings are less formal, ensuring a comfortable environment for families.
• Judges often have special training in family law.

Gram Nyayalayas

Gram Nyayalayas, or Village Courts, were established under the Gram Nyayalayas Act,
2008. They are intended to provide accessible and affordable justice to people in rural areas
at their doorstep. These courts handle both civil and criminal cases at the village level.

Main Features:

• Mobile courts that travel to villages for hearings.

• Simplified procedures to facilitate quick resolutions.
• Jurisdiction over petty offenses and small civil disputes.
• Encourages dispute resolution through conciliation and settlement.

Public Interest Litigation (PIL)

Meaning of PIL
Public Interest Litigation (PIL) is a legal mechanism that allows individuals or groups to file
lawsuits in the interest of the public or a particular section of society. It is aimed at protecting
the rights of those who are unable to approach the court due to social, economic, or other
disadvantages. PILs are typically filed in cases where public welfare or human rights are at
stake.

Features of PIL
1. Wider Locus Standi: PIL allows any individual or group to approach the court on behalf
of others, even if they are not directly affected by the issue.
2. Social Justice Tool: It is a tool for advancing social justice and addressing the
grievances of the marginalized sections of society.
3. Flexible Procedures: The court adopts a more relaxed and informal approach in PIL
cases, making it easier for individuals or groups to seek legal remedies.
4. Judicial Activism: PIL has expanded the role of the judiciary in promoting the rights of
citizens and ensuring that public authorities perform their duties.
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Scope of PIL

The scope of PIL is broad and encompasses issues such as:

• Environmental Protection: Cases involving pollution, deforestation, and conservation

of natural resources.

• Human Rights: Protection of fundamental rights, including those of prisoners, bonded

laborers, and marginalized communities.

• Public Health and Safety: Addressing issues related to healthcare, sanitation, and
public safety.

• Government Accountability: Ensuring transparency and accountability in public

administration and governance.

Principle of PIL

The principle of PIL is rooted in the idea that the judiciary has a responsibility to ensure that
the rights of all citizens, especially the underprivileged, are protected. The courts have the
power to intervene in matters of public interest and direct the government to take necessary
actions. The underlying principle is to promote social justice and uphold the rule of law.

Guidelines for Admitting PIL

1. Genuine Public Interest: The petition must be filed with the intention of addressing
genuine public interest issues, not for personal gain or private disputes.
2. Violation of Rights: The PIL should involve a matter where there is a violation of
constitutional or legal rights of the public or a section of society.
3. Exhaustion of Remedies: Before approaching the court, the petitioner should have
attempted to resolve the issue through existing administrative or legal channels.
4. Balance of Interests: The court should ensure that the PIL does not unduly infringe on
the rights of others or disrupt public administration.
5. Absence of Malafide Intent: The PIL should not be motivated by malafide intent,
political objectives, or to settle personal scores. The petitioner must have a bona fide
interest in the matter.
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PRACTICE SET: MODULE 3

Bloom's Taxonomy Level 1 (Remember)

1. Who is the head of the Supreme Court of India?

2. What is the current sanctioned strength of judges in the Supreme Court of India,
including the Chief Justice?

3. Name the article under which the Supreme Court can issue writs for the enforcement
of fundamental rights.

4. Which article of the Constitution outlines the qualifications of a High Court judge?

5. What is the main purpose of the National Legal Services Authority (NALSA)?

6. Under which act were Lok Adalats established?

7. What does PIL stand for in the Indian legal system?

8. Which courts in India handle marriage, divorce, and child custody matters?

9. What is the main function of the District Court in the structure of subordinate courts?

10. Name two writs that the Supreme Court can issue under Article 32.

Bloom's Taxonomy Level 2 (Understand) – With Hints

1. Explain why the independence of the Supreme Court is important in a democratic country
like India.
🔹 Hint: Think about how the court protects citizens' rights and checks misuse of power by the
government.

2. Describe the difference between original and appellate jurisdiction of the Supreme Court.
🔹 Hint: Focus on where a case starts (original) vs. when it is appealed from a lower court
(appellate).

3. Summarize the procedure followed in the Supreme Court when hearing important cases.
🔹 Hint: Think about open court hearings, case assignments by the Chief Justice, and use of
benches.

4. Explain how the High Courts are similar to and different from the Supreme Court in terms
of writ jurisdiction.
 P a g e | 33

🔹 Hint: Both courts can issue writs, but refer to the relevant articles and scope (Article 32 vs
Article 226).

5. Describe how the Lok Adalats help in settling disputes outside regular court systems.
🔹 Hint: Mention their informal nature, speed, no appeal, and mutual agreement between
parties.

6. Clarify the meaning and purpose of Public Interest Litigation (PIL) in India.
🔹 Hint: Think about how PIL gives voice to disadvantaged groups and how anyone can file it
for public good.

7. Explain how the Gram Nyayalayas are different from regular courts.
🔹 Hint: Think about where they are located, the type of cases they handle, and how they
provide speedy justice.

8. Interpret the significance of the Chief Justice assigning cases to benches in the Supreme
Court.
🔹 Hint: Consider how it ensures proper management of workload and fair hearings.

9. Discuss the qualifications required for someone to become a High Court judge. Why are
these criteria important?
🔹 Hint: Mention age, experience, and legal background. Reflect on why such experience is
necessary.

10. Describe how the National Legal Services Authority (NALSA) helps promote access to
justice in India.
🔹 Hint: Think about free legal aid, awareness programs, and support to weaker sections of
society.

Bloom's Taxonomy Level 3 (Apply) – With Hints

1. Suppose a state government violates the fundamental rights of citizens. Which jurisdiction
of the Supreme Court would apply in this case, and what action could the Court take?
🔹 Hint: Apply your understanding of writ jurisdiction under Article 32 and mention possible
writs the Court can issue.

2. A person is unable to afford legal representation in a serious court case. Which authority
can they approach for help, and how?
🔹 Hint: Think about the role of NALSA in providing free legal aid and supporting the
underprivileged.

3. Imagine a legal dispute arises between two Indian states. Which court would handle this
case, and under which type of jurisdiction?
🔹 Hint: Refer to the Supreme Court's original jurisdiction in inter-state conflicts.

4. You’re organizing a legal awareness camp in a rural area. Which judicial body could you
 P a g e | 34

invite to provide doorstep justice, and why?

🔹 Hint: Apply the concept of Gram Nyayalayas and their role in resolving small civil and
criminal disputes locally.

5. If a consumer has a complaint against a defective product and wants quick redressal, which
court should they approach?
🔹 Hint: Think of special courts that deal with specific issues like Consumer Courts.

6. Imagine you are a lawyer and you want to challenge a law that goes against the
Constitution. How would the Supreme Court help in this case?
🔹 Hint: Use the concept of judicial review and how it allows the Supreme Court to test laws
against the Constitution.

7. A PIL is filed for improving waste management in a city. How does the concept of PIL
allow such an action even if the petitioner is not directly affected?
🔹 Hint: Apply your understanding of wider locus standi and social justice principles behind
PIL.

8. A state-level civil case needs to be appealed. How does the High Court function in such
cases, and what jurisdiction does it use?
🔹 Hint: Apply the concept of appellate jurisdiction of the High Court to real-life case
appeals.

9. If a judge of the Supreme Court is accused of misconduct, what process must be followed
for their removal?
🔹 Hint: Use your understanding of security of tenure and the impeachment process laid out
in the Constitution.

10. A serious family dispute needs quick and less formal resolution. Which type of court
should be approached and why?
🔹 Hint: Apply knowledge of Family Courts and their goal of conciliation and less
adversarial proceedings.

Bloom's Taxonomy Level 4 (Analyze) – With Hints

1. Analyze how the structure and functions of the Supreme Court and High Courts are similar
and different. What does this reveal about their roles in the Indian judicial system?

🔹 Hint: Compare their jurisdictions (original, appellate, writ), composition, and scope of
authority at national vs. state levels.

2. Examine the impact of financial independence on the functioning of the Supreme Court.
How does it support judicial impartiality?
 P a g e | 35

🔹 Hint: Analyze how control over its own budget helps protect the court from political
influence.

3. Break down the various types of jurisdiction exercised by the Supreme Court. How do they
collectively empower the judiciary?

🔹 Hint: Identify original, appellate, advisory, writ, judicial review, and contempt jurisdictions
and their combined influence.

4. Analyze the role of Lok Adalats in reducing the burden on traditional courts. What are the
benefits and limitations of this approach?

🔹 Hint: Think about quick settlement, no appeal, and public satisfaction vs. scope of
jurisdiction and enforceability.

5. Compare the functions of District Courts, Civil Courts, and Criminal Courts under the
subordinate judiciary. How is judicial workload managed at the grassroots level?

🔹 Hint: Discuss how each court handles specific case types and how authority is distributed
among levels.

6. Discuss how the qualifications for High Court judges ensure competence and impartiality
in the justice system.

🔹 Hint: Analyze the significance of legal experience, age, and judicial service in ensuring
quality appointments.

7. Analyze how Public Interest Litigation (PIL) has changed the role of the judiciary in India.
What risks and benefits does this broader access create?

🔹 Hint: Consider PIL’s impact on judicial activism, access to justice, and the risk of misuse or
overreach.

8. Evaluate how the appointment process for High Court and Supreme Court judges protects
judicial independence. Are there any challenges?

🔹 Hint: Analyze the consultative method, the role of executive and judiciary, and ongoing
debates (e.g., collegium system).
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9. Break down the powers of judicial review and contempt of court. How do these powers
ensure the dignity and constitutionality of judicial functioning?

🔹 Hint: Analyze how courts use these powers to check legislative/executive actions and
maintain court authority.

10. Examine how the idea of Gram Nyayalayas promotes access to justice in rural India. What
does this reflect about inclusivity in the judicial process?

🔹 Hint: Analyze the simplified procedures, mobility, and community relevance of village
courts.
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MODULE 4: Local Administration

District Administration
District’s Administration Head: Role and Importance
District Collector/District Magistrate (DM):

Role: The District Collector, also known as the District Magistrate (DM) or Deputy
Commissioner, is the head of district administration. This position holds significant
responsibility in the administration of the district, which is the basic unit of governance in
India.

Responsibilities:
• Revenue Collection: Responsible for the collection of land revenue and other
government dues.
• Law and Order: Maintains law and order in the district as the chief executive
magistrate. Coordinates with the police and other law enforcement agencies.
• Disaster Management: Oversees disaster preparedness and response within the
district.
• Elections: Acts as the Returning Officer during elections, ensuring free and fair
elections in the district.
• Developmental Activities: Implements government schemes and development
programs at the district level.
Importance: The District Collector is crucial for implementing government policies,
maintaining order, and ensuring the welfare of the people at the grassroots level.

Municipalities
Introduction
• Definition: Municipalities are urban local bodies responsible for the governance of
cities and towns. They are established to provide civic amenities and manage urban
infrastructure.
Types:
• Municipal Corporation: Found in large cities with a population of over one million.
• Municipal Council: Governs smaller towns and cities.
• Nagar Panchayat: Governs areas transitioning from rural to urban.
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Mayor and Role of Elected Representatives

Mayor:
Role: The Mayor is the ceremonial head of a Municipal Corporation, elected by the councilors
from among themselves or directly by the public, depending on the state laws.
Responsibilities:
• Presiding Officer: Chairs the meetings of the Municipal Corporation and represents
the municipality at official functions.
• Policy Leadership: Provides leadership in formulating policies for urban governance
and development.
• Representation: Acts as a representative of the municipal government to the public
and higher authorities.
Importance: Though often a ceremonial position, the Mayor plays a crucial role in setting the
vision for urban development and ensuring effective civic administration.

Elected Representatives (Councilors):

Role: Councilors are elected members of the Municipal Corporation who represent different
wards (areas) within the city.
Responsibilities:
• Legislation: Participate in the making of municipal laws, policies, and budgets.
• Public Service: Address the grievances of the public and ensure the provision of basic
services like water, sanitation, and roads.
• Oversight: Monitor the functioning of municipal departments and the execution of
development projects.
Importance: Elected representatives play a key role in voicing the concerns of the local
population and ensuring that the municipal administration is accountable.

CEO of Municipal Corporation

Role: The Chief Executive Officer (CEO) or Municipal Commissioner is the administrative
head of the Municipal Corporation. They are usually appointed by the state government.
Responsibilities:
• Administration: Manages the day-to-day functioning of the Municipal Corporation
and ensures the implementation of policies and decisions made by the elected
representatives.
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• Execution of Projects: Oversees the execution of urban development projects,

infrastructure maintenance, and delivery of public services.
• Budget Management: Responsible for preparing and managing the municipal budget,
ensuring financial discipline.
• Coordination: Coordinates with various municipal departments and external agencies
to ensure effective governance.
Importance: The CEO plays a critical role in bridging the gap between the elected body
(headed by the Mayor) and the administrative machinery, ensuring the smooth execution of
municipal functions.

Panchayati Raj: Introduction

Definition: Panchayati Raj is a system of rural local self-government in India, which empowers
villagers to manage their own affairs. It was institutionalized through the 73rd Constitutional
Amendment Act of 1992.
Structure: The Panchayati Raj system operates at three levels:
• Gram Panchayat (Village Level)
• Panchayat Samiti (Block Level)
• Zila Parishad (District Level)
Objective: The system aims to decentralize governance and empower rural communities by
bringing government closer to the people and enabling them to participate in decision-making
processes.

Panchayati Raj Institutions (PRI): Zila Panchayat

Zila Panchayat (Zila Parishad):

Role: The Zila Panchayat is the top tier of the Panchayati Raj system, functioning at the district
level. It oversees the administration and development activities across the district and
coordinates with the lower tiers (Gram Panchayats and Panchayat Samitis).
Responsibilities:
• Formulating district-level development plans.
• Supervising and coordinating activities of the Panchayat Samitis.
• Implementing and monitoring government schemes.
• Managing public infrastructure and services like health, education, and sanitation.
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Elected Officials and Their Roles

Elected Officials:
Zila Panchayat Chairperson:

Role: The Chairperson is the elected head of the Zila Panchayat and presides over its meetings.
The Chairperson plays a key role in policy-making and ensuring the implementation of
development programs.
Responsibilities:
• Represents the Zila Panchayat in official matters.
• Guides the planning and execution of district-level projects.
• Coordinates with government officials and other Panchayat members.

Zila Panchayat Members:

Role: Elected representatives from various constituencies within the district. They participate
in decision-making and work on issues affecting their respective areas.
Responsibilities:
• Advocate for the needs of their constituencies.
• Monitor the implementation of development schemes.
• Participate in committee meetings and contribute to planning processes.

CEO Zila Panchayat: Position and Role

Chief Executive Officer (CEO) of Zila Panchayat:
Position: The CEO is a senior government official appointed by the state government to assist
the Zila Panchayat in administrative functions.
Role:
• Administration: Manages the day-to-day operations of the Zila Panchayat and ensures
the implementation of its decisions.
• Execution: Oversees the execution of development projects and government schemes
at the district level.
• Coordination: Coordinates with the Chairperson, elected members, and various
government departments to ensure effective governance.
• Advisory: Provides expert advice to the elected body on administrative and financial
matters.
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Block Level: Organizational Hierarchy

Panchayat Samiti (Block Level):
Structure: The Panchayat Samiti is the middle tier of the Panchayati Raj system, functioning
at the block level.
Key Departments:
• Agriculture Department: Focuses on enhancing agricultural productivity and
implementing agricultural schemes.
• Health Department: Manages public health programs and ensures the provision of
healthcare services.
• Education Department: Oversees the functioning of schools and implements
educational initiatives.
• Public Works Department: Responsible for the construction and maintenance of
infrastructure, including roads and buildings.
• Social Welfare Department: Implements welfare schemes aimed at the upliftment of
marginalized communities.
Key Officials:
• Block Development Officer (BDO): The BDO is the executive head at the block level,
responsible for implementing government schemes and supervising the work of Gram
Panchayats.

Village Level: Role of Elected and Appointed Officials

Gram Panchayat (Village Level):
Sarpanch (Village Head):
Role: The Sarpanch is the elected head of the Gram Panchayat, responsible for leading the
village administration and ensuring the implementation of government programs.
Responsibilities:
• Presides over Gram Sabha meetings.
• Represents the village in interactions with higher government authorities.
• Oversees development activities in the village.

Gram Panchayat Members:

Role: Elected representatives of the villagers who assist the Sarpanch in decision-making and
governance.
 P a g e | 42

Responsibilities:
• Participate in Gram Panchayat meetings.
• Address the concerns of villagers and ensure their participation in governance.
• Monitor the implementation of schemes and services at the village level.

Appointed Officials (Secretary of Gram Panchayat):

Role: A government-appointed official who assists the Gram Panchayat in administrative
tasks.
Responsibilities:
• Maintains records and documents.
• Facilitates communication between the Gram Panchayat and higher authorities.
• Supports the Sarpanch in implementing government schemes.

Importance of Grassroots Democracy

• Empowerment: Panchayati Raj institutions empower rural communities by involving
them directly in decision-making processes, ensuring that their needs and concerns are
addressed.
• Decentralization: The system decentralizes governance, bringing it closer to the
people and making it more responsive and accountable.
• Participation: Grassroots democracy promotes active participation of citizens in
governance, which is crucial for the success of democratic principles.
• Inclusive Development: It ensures that development initiatives are tailored to the
specific needs of rural areas, leading to more equitable and sustainable growth.

PRACTICE SET: MODULE 4

Bloom's Taxonomy Level 1 (Remember)

1. Who is the head of the district administration in India?

2. What is the primary function of the District Collector in elections?

3. What are the three types of urban local bodies under municipalities?

4. Who is the administrative head of a Municipal Corporation?

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5. What is the ceremonial head of a Municipal Corporation called?

6. Which constitutional amendment institutionalized the Panchayati Raj system?

7. Name the three levels of the Panchayati Raj system.

8. Who is the elected head of a Gram Panchayat?

9. Who manages the administrative functions of the Zila Panchayat?

10. Who is the executive head at the block level in the Panchayati Raj system?

Bloom's Taxonomy Level 2 (Understand) – With Hints

1. Explain why the District Collector is considered an important link between the government
and the people.
🔹 Hint: Think about how the Collector implements government policies and handles
responsibilities like revenue, elections, and law & order.

2. Describe the difference between a Municipal Corporation and a Nagar Panchayat.

🔹 Hint: Focus on the size of the population and the type of area each governs (large cities vs.
transitioning rural-urban areas).

3. Summarize the key responsibilities of a Mayor in a Municipal Corporation.

🔹 Hint: Mention their leadership role, ceremonial duties, and influence on policy and public
representation.

4. Explain the relationship between elected representatives (Councillors) and the public in a
Municipal Corporation.
🔹 Hint: Think about how Councillors represent specific wards and raise local concerns within
the Corporation.

5. Interpret the role of the CEO of a Municipal Corporation in maintaining urban governance.
🔹 Hint: Focus on administration, project execution, and coordination with departments and
elected bodies.

6. Clarify the purpose of the three-tier Panchayati Raj system.

🔹 Hint: Consider the goals of decentralization, grassroots governance, and public
participation.

7. Explain how the Zila Panchayat coordinates development activities across a district.
🔹 Hint: Talk about its role in forming district plans, supervising lower panchayats, and
managing infrastructure and schemes.

8. Describe the roles of the Sarpanch and the Gram Panchayat members at the village level.
🔹 Hint: Include leadership, governance, conducting meetings, and addressing local
development issues.
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9. Discuss how grassroots democracy helps in empowering rural citizens.

🔹 Hint: Mention participation, decentralization, local decision-making, and inclusivity.

10. Identify the function of the Block Development Officer (BDO) in implementing
government schemes.
🔹 Hint: Think about supervision of Gram Panchayats and execution of projects at the block
level.

Bloom's Taxonomy Level 3 (Apply) – With Hints

1. Suppose your village is facing a water supply issue. Which local body and official would
you approach first, and why?
🔹 Hint: Consider the role of the Gram Panchayat and the responsibilities of the Sarpanch in
addressing village-level problems.

2. If a disaster like a flood occurs in your district, which official is responsible for managing
the response?
🔹 Hint: Apply your knowledge of the District Collector/DM and their role in disaster
management.

3. Your city roads have been in poor condition for months. Which part of the municipal system
should you approach, and what actions are expected from them?
🔹 Hint: Think of the role of the Municipal Corporation, particularly the Councillors and the
CEO in public works.

4. During elections, what duties does the District Collector perform, and how do they ensure
fair practices?
🔹 Hint: Recall the Collector’s role as a Returning Officer and how they coordinate the election
process.

5. Imagine you're organizing a health awareness camp in a block. Which department at the
block level would you contact, and who would oversee this effort?
🔹 Hint: Use the Health Department under the Panchayat Samiti, and identify the BDO as the
supervising authority.

6. A dispute arises between two wards in a town over sanitation services. How would a
Councillor help resolve this issue?
🔹 Hint: Apply the Councillor’s responsibilities in public service and grievance redressal.

7. If you're proposing a development project for a village school, whom would you consult at
each level of the Panchayati Raj system?
🔹 Hint: Apply the hierarchical structure—Gram Panchayat (village), Panchayat Samiti
(block), and Zila Parishad (district).
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8. A student wants to understand how local policies are made in cities. Which officials should
they observe, and what roles do they play?
🔹 Hint: Consider Councillors for legislative roles, Mayor for leadership, and CEO for
administration.

9. Your district wants to implement a new sanitation scheme. Which Panchayati Raj institution
would be responsible for coordinating and monitoring this?
🔹 Hint: Focus on the role of the Zila Panchayat in planning and overseeing district-level
projects.

10. Suppose the village development plan is delayed due to poor recordkeeping. Who in the
Gram Panchayat is responsible for maintaining records and communication?
🔹 Hint: Use your knowledge of the Secretary of Gram Panchayat and their administrative
duties.

Bloom's Taxonomy Level 4 (Analyze) – With Hints

1. Analyze how the roles of the District Collector and the CEO of a Municipal Corporation
differ in terms of governance.
🔹 Hint: Focus on urban vs. rural governance, and the difference between elected leadership
vs. appointed officials, and their specific responsibilities.
2. Compare the three tiers of the Panchayati Raj system in terms of functions, responsibilities,
and structure.
🔹 Hint: Look at Gram Panchayat, Panchayat Samiti, and Zila Parishad—compare their scope,
officials, and roles.

3. Examine the relationship between elected officials (like Councillors and Sarpanch) and
appointed officials (like CEO and Secretary). How do they complement or conflict with each
other?
🔹 Hint: Analyze how policy-making and execution are split between elected representatives
and administrators.

4. Analyze how decentralization through Panchayati Raj has empowered local communities.
What challenges still exist in achieving grassroots democracy?
🔹 Hint: Explore benefits like participation and local development, and issues like lack of
awareness or corruption.

5. Identify the overlaps and gaps in responsibilities between the Mayor and the CEO in urban
governance. How do these affect the efficiency of city administration?
🔹 Hint: Think about the ceremonial vs. executive nature of the two roles and the potential for
miscommunication or role confusion.

6. Compare the role of the BDO and the CEO of Zila Parishad in executing development
programs. How does coordination across levels affect program success?
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🔹 Hint: Explore block vs. district-level administration, and how they must align for effective
governance.

7. Examine how the roles of elected representatives in Municipalities and Panchayats reflect
the needs of their respective urban and rural populations.
🔹 Hint: Consider differences in services demanded, infrastructure, and public expectations.

8. Break down the decision-making process in village-level governance. How do the Sarpanch,
Panchayat Members, and Secretary interact in policy formation and execution?
🔹 Hint: Analyze each official’s role in planning, meetings, implementation, and
recordkeeping.

9. Analyze the impact of having separate departments (like health, education, public works) at
the block level. How does departmentalization help or hinder rural development?
🔹 Hint: Look into specialization vs. coordination challenges across departments.

10. Compare the functions of urban local bodies and Panchayati Raj Institutions. In what ways
are their goals similar or different?
🔹 Hint: Think about civic amenities vs. rural development focus, and governance structure in
urban vs. rural settings.