DEPT & SEM : ECE & V SEM A

SUBJECT CONSTITUTION OF INDIA

NAME :

COURSE CODE
: II

UNIT :

PREPARED BY
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 Overview

• Federalism
• Centre- State Relationship
• Presidents Role
• Power and Position of PM
• Power and position of Council of Ministers
• Power and position of Cabinet
• Central Secretariat
• Loksabha
• Rajyasabha
• Powers of Supreme Court
• Powers of High Court

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 Federalism

• (1) India, that is Bharat, shall be a Union of States.

• 1[(2) The States and the territories thereof shall be as specified in the First Schedule.
• (3) The territory of India shall comprise—
• (a) the territories of the States;
• 2[(b) the Union territories specified in the First Schedule; and
• (c) such other territories as may be acquired.
• 2. Parliament may by law admit into the Union, or establish, new States on such terms
and conditions as it thinks fit.

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 Federalism
• Federalism is a system of government in which powers have been divided between the
centre and its constituent parts such as states or provinces. It is an institutional
mechanism to accommodate two sets of politics, one at the central or national level and
the second at the regional or provincial level.
• Features of the Federal System of India
• Dual government polity.
• Independence of Judiciary.
• Dual Citizenship.
• Bicameralism.
• Division of powers between various levels.
• Rigidity of the Constitution.

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 Federalism

• Federalism refers to the institutional framework in which the powers are shared
between the center and its constitutional parts which include the states and
provinces. Generally, the Constitution can be either unitary or federal, depending
on the powers and responsibilities attributed to the central and States. The
nature of the Constitution can be defined by looking into the many powers and
duties given to the States by the Constitution and interpreting the Constitution
accordingly.
• Bicameralism is a system of government where a legislature is divided into two
chambers or houses, each with a broadly equal status. The term comes from the
Latin words bi meaning "two" and camera meaning "chamber".
• Bicameralism has several purposes, including:
• Checks and balances: Prevents a single chamber from taking extreme measures
• Representation: Represents different interests and views, such as units in a
federation or individual liberty
• Smooth working: Enables the legislature to work smoothly
• Preventing hasty legislation: Prevents hasty legislation COURSE: CO UNIT: 1 Pg. 5
 Centre- State Relationship

• The Indian Constitution defines the relationship between the central government
and state governments through the division of powers and responsibilities. The
Constitution's federal structure is guided by these intergovernmental relations,
which are important for the country's operation.
Here are some ways the Constitution defines the relationship between the center and
the states:
• Article 245. (1) Subject to the provisions of this Constitution, Parliament may make
laws for the whole or any part of the territory of India, and the Legislature of a State
may make laws for the whole or any part of the State. (2) No law made by
Parliament shall be deemed to be invalid on the ground that it would have extra-
territorial operation.
• 246. Parliament has exclusive power to make laws with respect to any of the matters
enumerated in List I in the Seventh Schedule (in this Constitution referred to as the
“Union List”).

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 Centre- State Relationship

• the Legislature of any State also, have power to make laws with respect to any of the
matters enumerated in List III in the Seventh Schedule (in this Constitution referred to
as the “Concurrent List”).
• the Legislature of any State 1*** has exclusive power to make laws for such State or
any part thereof with respect to any of the matters enumerated in List II in the
Seventh Schedule (in this Constitution referred to as the “State List”).
• Parliament has power to make laws with respect to any matter for any part of the
territory of India not included 2[in a State] notwithstanding that such matter is a
matter enumerated in the State List.
• 247. Notwithstanding anything in this Chapter, Parliament may by law provide for the
establishment of any additional courts for the better administration of laws made by
Parliament or of any existing laws with respect to a matter enumerated in the Union
List.
• 248. (1) Parliament has exclusive power to make any law with respect to any matter
not enumerated in the Concurrent List or State List. (2) Such power shall include the
power of making any law imposing a tax not mentioned in either of those Lists.
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 Centre- State Relationship
• 249. (1) Notwithstanding anything in the foregoing provisions of this Chapter, if the
Council of States has declared by resolution supported by not less than two thirds of the
members present and voting that it is necessary or expedient in the national interest
that Parliament should make laws with respect to any matter enumerated in the State
List specified in the resolution, it shall be lawful for Parliament to make laws for the
whole or any part of the territory of India with respect to that matter while the
resolution remains in force.
• (2) A resolution passed under clause (1) shall remain in force for such period not
exceeding one year as may be specified therein:
• 250. (1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation
of Emergency is in operation, have power to make laws for the whole or any part of the
territory of India with respect to any of the matters enumerated in the State List.
• (2) A law made by Parliament which Parliament would not but for the issue of a
Proclamation of Emergency have been competent to make shall, to the extent of the
incompetency, cease to have effect on the expiration of a period of six months after the
Proclamation has ceased to operate, except as respects things done or omitted to be
done before the expiration of the said period.
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 Centre- State Relationship

• 253. Notwithstanding anything in the foregoing provisions of this Chapter,

Parliament has power to make any law for the whole or any part of the territory of
India for implementing any treaty, agreement or convention with any other country
or countries or any decision made at any international conference, association or
other body.
• 254. (1) If any provision of a law made by the Legislature of a State is repugnant to
any provision of a law made by Parliament which Parliament is competent to enact,
or to any provision of an existing law with respect to one of the matters enumerated
in the Concurrent List, then, subject to the provisions of clause (2), the law made by
Parliament, whether passed before or after the law made by the Legislature of such
State, or, as the case may be, the existing law, shall prevail and the law made by the
Legislature of the State shall, to the extent of the repugnancy, be void.

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 Centre- State Relationship

• 255. No Act of Parliament or of the Legislature of a State 1***, and no provision in

any such Act, shall be invalid by reason only that some recommendation or previous
sanction required by this Constitution was not given, if assent to that Act was given—
• (a) where the recommendation required was that of the Governor, either by the
Governor or by the President;
• (b) where the recommendation required was that of the Rajpramukh, either by the
Rajpramukh or by the President;
• (c) where the recommendation or previous sanction required was that of the
President, by the President

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 Presidents Role

• The primary duty of the president is to preserve, protect and defend the constitution and
the law of India per Article 60.
• The president appoints the Chief Justice of India and other judges on the advice of the
chief justice.
• The President may dismiss a judge with a two-thirds vote of the two Houses of the
parliament.

• Article 60: Every President and every person acting as President or discharging the
functions of the President shall, before entering upon his office, make and subscribe in the
presence of the Chief Justice of India or, in his absence, the senior-most Judge of the
Supreme Court available, an oath or affirmation.
• “I, _____, do swear in the name of God that I will faith solemnly affirm fully execute the
office of President (or discharge the functions of the President) of India and will to the best
of my ability preserve, protect and defend the Constitution and the law and that I will
devote myself to the service and well-being of the people of India”.

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 Presidents Role
• 53. (1) The executive power of the Union shall be vested in the President and shall be
exercised by him either directly or through officers subordinate to him in accordance with
this Constitution.
• (2) Without prejudice to the generality of the foregoing provision, the supreme command of
the Defence Forces of the Union shall be vested in the President and the exercise thereof
shall be regulated by law.
(3) Nothing in this article shall— (a) be deemed to transfer to the President any functions
conferred by any existing law on the Government of any State or other authority; or (b)
prevent Parliament from conferring by law functions on authorities other than the
President.
• 54. The President shall be elected by the members of an electoral college consisting of—
• (a) the elected members of both Houses of Parliament; and (b) the elected members of the
Legislative Assemblies of the States.

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 Power and Position of PM
• Portfolio allocation: The Prime Minister has the authority to assign portfolios to the
Ministers. Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet
and presides the meetings of the Cabinet. He can impose his decision if there is a
crucial opinion difference among the members.
• The Prime Minister is the head of the government and leader of the Council of
Ministers. He is the chief of the executive branch of the Union Government. Since
India's Independence in 1947, individuals of great calibre, with the passion to work for
the country, have become Prime Ministers.
• The Prime Minister of India is the head of the government and country. He is appointed
by the President of India after the political party wins a general election and nominates
a candidate for the post. The leader of that political party is hence appointed as the
Prime Minister of India.

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 Power and Position of PM
• 74. 2[(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and
advise the President who shall, in the exercise of his functions, act in accordance with such
advice:] 3[Provided that the President may require the Council of Ministers to reconsider such
advice, either generally or otherwise, and the President shall act in accordance with the advice
tendered after such reconsideration.] (2) The question whether any, and if so what, advice was
tendered by Ministers to the President shall not be inquired into in any court.
• 75. (1) The Prime Minister shall be appointed by the President and the other Ministers shall be
appointed by the President on the advice of the Prime Minister.
• 1[(1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers
shall not exceed fifteen per cent. of the total number of members of the House of the People.
• (1B) A member of either House of Parliament belonging to any political party who is
disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall
also be disqualified to be appointed as a Minister under clause (1) for duration of the period
commencing from the date of his disqualification till the date on which the term of his office as
such member would expire or where he contests any election to either House of Parliament
before the expiry of such period, till the date on which he is declared elected, whichever is
earlier.]
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 Power and Position of PM

• (2) The Ministers shall hold office during the pleasure of the President.
• (3) The Council of Ministers shall be collectively responsible to the House of the People.
• (4) Before a Minister enters upon his office, the President shall administer to him the
oaths of office and of secrecy according to the forms set out for the purpose in the Third
Schedule.
• (5) A Minister who for any period of six consecutive months is not a member of either
House of Parliament shall at the expiration of that period cease to be a Minister.
• (6) The salaries and allowances of Ministers shall be such as Parliament may from time
to time by law determine and, until Parliament so determines, shall be as specified in
the Second Schedule.

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 Power and position of Council of Ministers

• Article 74 lays power of the council of ministers of India that “there shall be a Council of
Ministers with a Prime Minister at its head to aid and advise the President, who shall in
the exercise of his functions, act in accordance with such advice.”
• 75. (1) The Prime Minister shall be appointed by the President and the other Ministers
shall be appointed by the President on the advice of the Prime Minister.
• 1[(1A) The total number of Ministers, including the Prime Minister, in the Council of
Ministers shall not exceed fifteen per cent. of the total number of members of the House
of the People.
• (1B) A member of either House of Parliament belonging to any political party who is
disqualified for being a member of that House under paragraph 2 of the Tenth Schedule
shall also be disqualified to be appointed as a Minister under clause (1) for duration of
the period commencing from the date of his disqualification till the date on which the
term of his office as such member would expire or where he contests any election to
either House of Parliament before the expiry of such period, till the date on which he is
declared elected, whichever is earlier.]

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 Power and position of Council of Ministers

• (2) The Ministers shall hold office during the pleasure of the President.
• (3) The Council of Ministers shall be collectively responsible to the House of the People.
• (4) Before a Minister enters upon his office, the President shall administer to him the
oaths of office and of secrecy according to the forms set out for the purpose in the Third
Schedule.
• (5) A Minister who for any period of six consecutive months is not a member of either
House of Parliament shall at the expiration of that period cease to be a Minister.
• (6) The salaries and allowances of Ministers shall be such as Parliament may from time
to time by law determine and, until Parliament so determines, shall be as specified in
the Second Schedule.

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 Power and position of Cabinet
• The Cabinet is a group of senior ministers in a government that is responsible for a variety of
tasks, including:
• Policy making: The Cabinet is responsible for developing and establishing both domestic and
foreign policies. These policies include economic and industrial policy, defense, and the
formation of new states.
• Decision making: The Cabinet is the primary decision-making body for the government, and
is responsible for making major decisions.
• Coordination: The Cabinet coordinates the efforts of various government departments.
• Advising: The Cabinet advises the Prime Minister on the country's growth and direction.
• Financial control: The Cabinet has complete control over the country's finances.
• Parliamentary participation: The Cabinet participates in the entire legislative process.
• President's ordinances: If Parliament is not in session, the Cabinet takes charge of the
President's ordinances.
• The Cabinet is headed by the Prime Minister, who is also the leader of the ruling
government. The President appoints ministers on the advice of the Prime Minister.
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 Central Secretariat

• 98. Secretariat of Parliament.—

• (1) Each House of Parliament shall have a separate secretarial staff: Provided that nothing in
this clause shall be construed as preventing the creation of posts common to both Houses
of Parliament.
• (2) Parliament may by law regulate the recruitment, and the conditions of service of
persons appointed, to the secretarial staff of either House of Parliament.
• (3) Until provision is made by Parliament under clause (2),
• the President may, after consultation with the Speaker of the House of the People or the
Chairman of the Council of States, as the case may be, make rules regulating the
recruitment, and the conditions of service of persons appointed, to the secretarial staff of
the House of the People or the Council of States, and any rules so made shall have effect
subject to the provisions of any law made under the said clause

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 Loksabha

• As per the provision of Article 79 of Indian Constitution, the House of the People, the
Lok Sabha is the lower House of the parliament. Lok Sabha is composed of
representatives of the people chosen by direct election on the basis of the adult
suffrage. The maximum strength of the House envisaged by the Constitution is 552.
• Composition of the House of the People.—
• (1) provisions of article 331 5 6 4 [Subject to the ***], the House of the People shall
consist of—
• (a) not more than [five hundred and thirty members] chosen by direct election from
territorial constituencies in the States; and
• (b) not more than 7 [twenty members] to represent the Union territories, chosen in
such manner as Parliament may by law provide.
• (2) For the purposes of sub-clause (a) of clause (1),—
• (a) there shall be allotted to each State a number of seats in the House of the People
in such manner that the ratio between that number and the population of the State is,
so far as practicable, the same for all States; and
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 Loksabha

• (b) each State shall be divided into territorial constituencies in such manner that the
ratio between the population of each constituency and the number of seats allotted to
it is, so far as practicable, the same throughout the State: 8 [Provided that the
provisions of sub-clause (a) of this clause shall not be applicable for the purpose of
allotment of seats in the House of the People to any State so long as the population of
that State does not exceed six millions.]
• Qualification for membership of Parliament.—A person shall not be qualified to be
chosen to fill a seat in Parliament unless he—
• 3 [(a) is a citizen of India, and makes and subscribes before some person authorised in
that behalf by the Election Commission an oath or affirmation according to the form
set out for the purpose in the Third Schedule;]
• (b) is, in the case of a seat in the Council of States, not less than thirty years of age and,
in the case of a seat in the House of the People, not less than twenty-five years of age;
and (c) possesses such other qualifications as may be prescribed in that behalf by or
under any law made by Parliament.

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 Loksabha

• [85. Sessions of Parliament, prorogation and dissolution.—(1) The President shall from
time to time summon each House of Parliament to meet at such time and place as he
thinks fit, but six months shall not intervene between its last sitting in one session and
the date appointed for its first sitting in the next session. (2) The President may from
time to time— (a) prorogue the Houses or either House; (b) dissolve the House of the
People.]
• 86. Right of President to address and send messages to Houses.—(1) The President
may address either House of Parliament or both Houses assembled together, and for
that purpose require the attendance of members.
• Speaker: Birla, Shri Om

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 Rajyasabha

• Council of States i.e. Rajya Sabha is the Upper House of the Indian Parliament. Rajya
Sabha consists of the representatives of the States and the Union Territories and
persons nominated by the President of India. The Vice-President of India is the ex-
officio Chairman of Rajya Sabha. Rajya Sabha also chooses from amongst its
Members, a Deputy Chairman. In the absence of the Chairman, Deputy Chairman
presides.
• Chairman:
Shri Jagdeep Dhankhar
• Vice –president of India

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 Rajyasabha

• Composition of the Council of States.—(

• 1) States] shall consist of—
• 1 [ 2 *** The Council of (a) twelve members to be nominated by the President in
accordance with the provisions of clause
• (3); and 3 (b) not more than two hundred and thirty-eight representatives of the States
[and of the Union territories].
• (2) The allocation of seats in the Council of States to be filled by representatives of the
States 3 [and of the Union territories] shall be in accordance with the provisions in that
behalf contained in the Fourth Schedule.
• (3) The members to be nominated by the President under sub-clause (a) of clause (1) shall
consist of persons having special knowledge or practical experience in respect of such
matters as the following, namely:— Literature, science, art and social service.c
• (4) The representatives of each State 1 *** in the Council of States shall be elected by the
elected members of the Legislative Assembly of the State in accordance with the system of
proportional representation by means of the single transferable vote.
• (5) The representatives of the 2 [Union territories] in the Council of States shall be chosen
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 Powers of Supreme Court

• The Supreme Court of India has many powers, including:

• Declaring laws null and void
• The Supreme Court can declare laws passed by any legislature null and void if they
violate the fundamental rights of the people.
• Issuing writs
• The Supreme Court can issue writs to enforce fundamental rights, such as Habeas
Corpus, Mandamus, Certiorari, Prohibition, and Quo-Warranto.
• Original jurisdiction
• The Supreme Court can hear cases directly without going through a lower court.
• Passing lawsvbhjh
• The Supreme Court can pass laws that apply to all lower courts in India.
• Resolving disputes
• The Supreme Court can resolve disputes between the central government, state
governments, and various government authorities.
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 Powers of Supreme Court

• Granting special leave to appeal

• The Supreme Court can grant special leave to appeal from any judgment passed by
any court or tribunal in India, except for military tribunals or martial courts.
• Hearing matters referred by the President
• The Supreme Court can hear matters referred to it by the President in an advisory
role.
• Taking up cases suo moto
• The Supreme Court can take up cases on its own.
• n addition, Article 32 of the Constitution gives an extensive original jurisdiction to the
Supreme Court for enforcement of Fundamental Rights. It is empowered to issue
directions, orders or writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari to enforce them.

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 Powers of High Court

• A high court in India has many powers, including:

• Issuing orders: High courts can issue orders, directions, or writs to anyone within their
jurisdiction. These orders can be used to enforce fundamental rights and for other
purposes.
• Administrative control: High courts have administrative control over subordinate
courts, including the power to:
•
• Ask for details of proceedings from subordinate courts
• Issue rules for the working of subordinate courts
•
• Transfer cases between courts, or to the high court itself
• Inquire into the records of subordinate courts
•
• Appoint administrative staff, and determine their salaries, allowances, and
conditions of service
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 Powers of High Court

• Judicial service: High courts are consulted by the Governor on the appointment, posting,
and promotion of judicial service members.
• Contempt of court: High courts can prosecute for contempt of themselves.
• Fees: High courts can set tables of fees for sheriffs, clerks, officers, attorneys, advocates,
and pleaders.
• Orders: Orders made by a high court can only be challenged in the Supreme Cour
• Each High Court has power to issue to any person within its jurisdiction directions,
orders, or writs including writs which are in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari for enforcement of Fundamental Rights and for
any other purpose.

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 DIGITAL RESOURCES

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