| Chapter | Topic | Subtopic | Content |
|---|---|---|---|
| 1. Historical Background | The Company Rule (1773-1858) | Regulating Act of 1773 | - First step by British Government to control East India Company. - Recognized political & administrative functions of Company. - Laid foundations of central administration in India. - Designated Governor of Bengal as ‘Governor-General of Bengal’ (first: Lord Warren Hastings), assisted by Executive Council (4 members). - Made Bombay & Madras presidencies subordinate to Governor-General of Bengal. - Established Supreme Court at Calcutta (1774) (1 Chief Justice, 3 other judges). - Prohibited Company servants from private trade & accepting bribes. - Strengthened British control by requiring Court of Directors to report on revenue, civil, & military affairs. |
| Amending Act of 1781 (Act of Settlement) | - Rectified defects of 1773 Act. - Exempted Governor-General & Council from Supreme Court jurisdiction for official acts. - Excluded revenue matters from Supreme Court jurisdiction. - Supreme Court jurisdiction over all Calcutta inhabitants. - Supreme Court to administer personal law (Hindu/Mohammedan). - Appeals from Provincial Courts to Governor-General-in-Council, not Supreme Court. - Empowered Governor-General-in-Council to frame regulations for Provincial Courts & Councils. | ||
| Pitt’s India Act of 1784 | - Distinguished commercial & political functions of Company. - Allowed Court of Directors to manage commercial affairs. - Created Board of Control (6 members) to manage political affairs (double government system). - Empowered Board of Control to supervise & direct all civil & military government/revenue operations in British India. - Company territories first called ‘British possessions in India’. - British Government gained supreme control over Company affairs. | ||
| Act of 1786 | - Lord Cornwallis appointed Governor-General of Bengal. - Given power to override Council decisions in special cases. - Appointed Commander-in-Chief. - Act enacted to implement these two provisions. | ||
| Charter Act of 1793 | - Extended overriding power of Lord Cornwallis to all future Governor-Generals & Governors of Presidencies. - Gave Governor-General more powers & control over subordinate Presidencies. - Extended Company’s trade monopoly for 20 years. - Commander-in-Chief not a member of Governor-General’s council unless appointed. - Board of Control members & staff to be paid from Indian revenues. | ||
| Charter Act of 1813 | - Abolished Company’s trade monopoly in India (Indian trade open to all British merchants). - Retained Company’s monopoly over tea trade & trade with China. - Asserted British Crown’s sovereignty over Company territories in India. - Allowed Christian missionaries to come to India. - Provided for spread of western education in British territories. - Authorized Local Governments to impose taxes on persons. | ||
| Charter Act of 1833 | - Final step towards centralization in British India. - Designated Governor-General of Bengal as ‘Governor-General of India’ (Lord William Bentick first). - Vested all civil & military powers in Governor-General of India. - Deprived Governors of Bombay & Madras of legislative powers. - Governor-General of India given exclusive legislative powers for entire British India. - Laws made under previous acts: Regulations; under this act: Acts. - Ended Company’s commercial activities; became purely administrative body. - Company territories held ‘in trust for His Majesty, His heirs and successors’. - Attempted open competition for civil servants (negated by Court of Directors). | ||
| Charter Act of 1853 | - Last of Charter Acts (1793-1853); significant constitutional landmark. - Separated legislative & executive functions of Governor-General’s council. - Added 6 new legislative councillors to council. - Established separate Governor-General’s legislative council (known as Indian (Central) Legislative Council). - Legislative wing functioned as mini-Parliament (adopted British Parliament procedures). - Introduced open competition system for civil service selection & recruitment. - Macaulay Committee (1854) appointed for Indian Civil Service. - Extended Company’s rule, holding Indian territories ‘in trust’ for British Crown (no specific period). - Introduced local representation in Indian (Central) Legislative Council (4 members appointed from Madras, Bombay, Bengal, Agra). | ||
| The Crown Rule (1858-1947) | Government of India Act of 1858 | - Enacted after Revolt of 1857 (‘sepoy mutiny’). - Abolished East India Company. - Transferred powers, territories, revenues to British Crown. - Changed Governor-General of India to ‘Viceroy of India’ (Lord Canning first). - Ended double government system (abolished Board of Control & Court of Directors). - Created new office: Secretary of State for India (vested with complete authority over Indian administration). - Secretary of State: member of British Cabinet, responsible to British Parliament. - Established 15-member Council of India to assist Secretary of State (advisory body). - Constituted Secretary of State-in-Council as body corporate (can sue/be sued in India & England). - Primarily improved administrative machinery in England, not altered Indian governance system. | |
| Indian Councils Act of 1861 | - Important landmark after 1857 Revolt (policy of association). - Initiated representative institutions by associating Indians with law-making process. - Viceroy nominated 3 Indians as non-official members to expanded council (Raja of Benaras, Maharaja of Patiala, Sir Dinkar Rao). - Initiated decentralization by restoring legislative powers to Bombay & Madras Presidencies. - Reversed centralizing tendency (started 1773, climaxed 1833). - Established new legislative councils for Bengal (1862), North-Western Provinces (1886), Punjab (1897). - Empowered Viceroy to make rules/orders for convenient business transaction in council. - Gave recognition to ‘portfolio’ system (Lord Canning, 1859). - Empowered Viceroy to issue ordinances (without legislative council concurrence) during emergency (6 months validity). | ||
| Indian Councils Act of 1892 | - Increased non-official members in Central & provincial legislative councils (retained official majority). - Enlarged legislative councils’ functions: power to discuss budget & address questions to executive. - Introduced limited & indirect election for non-official seats (word ‘election’ not used, process called ‘nomination’). | ||
| Indian Councils Act of 1909 (Morley-Minto Reforms) | - Increased size of legislative councils (Central: 16 to 60; provincial: not uniform). - Retained official majority in Central legislative council. - Allowed non-official majority in provincial legislative councils. - Enlarged deliberative functions of legislative councils (ask supplementary questions, move budget resolutions). - Provided (for first time) for Indian association with Viceroy’s & Governors’ executive councils (Satyendra Prasad Sinha first Indian Law Member). - Introduced ‘separate electorate’ for Muslims (legalized communalism, Lord Minto Father of Communal Electorate). - Provided separate representation for presidency corporations, chambers of commerce, universities, zamindars. - Granted limited franchise (property, tax, qualifications). - Created new office: High Commissioner for India in London. | ||
| Government of India Act of 1919 (Montagu-Chelmsford Reforms) | - Declared objective: gradual introduction of responsible Government in India (August 20, 1917). - Classified subjects into central & provincial (Devolution Rules). - Relaxed central control over provinces. - Divided provincial subjects into ‘transferred’ & ‘reserved’ (‘dyarchy’ system). - Transferred subjects (public health, education, local self-government, agriculture) administered by Governor with Ministers responsible to legislative council. - Reserved subjects (police, justice, prisons, land revenue, finance) administered by Governor & executive council (not responsible to legislative council). - Introduced bicameralism & direct elections. - Indian legislative council replaced by bicameral legislature (Upper House: Council of State; Lower House: Legislative Assembly). - Majority of members chosen by direct election. - Required 3 of 6 Viceroy’s executive Council members to be Indian. - Extended communal representation to Sikhs, Indian Christians, Anglo-Indians, Europeans. - Granted limited franchise. - Created High Commissioner for India in London. | ||
| Simon Commission (1927) | - Seven-member statutory commission (all British) to report on India’s condition under new Constitution. - All parties boycotted. - Report (1930) recommended: abolition of dyarchy, responsible Government extension in provinces, British India & princely states federation, communal electorate continuance. - British Government convened three Round Table Conferences. - ‘White Paper on Constitutional Reforms’ prepared. - Joint Select Committee of British Parliament considered proposals. | ||
| Communal Award (August 1932) | - Announced by Ramsay MacDonald (British PM). - Continued separate electorates for Muslims, Sikhs, Indian Christians, Anglo-Indians, Europeans. - Extended to depressed classes (Scheduled Castes). - Gandhiji undertook fast unto death (Yerawada Jail) to modify award. - Poona Pact (agreement between Congress & Dr. B.R. Ambedkar) retained Hindu joint electorate, reserved seats for depressed classes. - British Government accepted Poona Pact, modified Communal Award. - Provisions incorporated into Government of India Act of 1935 (composition of central & provincial legislatures based on modified award). | ||
| Government of India Act of 1935 | - Second milestone towards responsible government in India. - Lengthy & detailed document (321 Sections, 10 Schedules). - Provided for All-India Federation (provinces & princely states as units). - Divided powers into Federal List (59 items), Provincial List (54 items), Concurrent List (36 items). - Residuary powers given to Viceroy. - Federation never came into being (princely states didn’t join). - Abolished dyarchy in provinces; introduced ‘provincial autonomy’ (provinces autonomous units, Governor acted on Ministers’ advice). - Introduced dyarchy at Centre (Federal subjects divided into reserved & transferred; never came into operation). - Introduced bicameralism in 6 of 11 provinces (Bengal, Bombay, Madras, Bihar, Assam, United Provinces). - Reserved general seats for depressed classes; extended special representation to women & labour. - Abolished Council of India (Secretary of State for India provided with team of advisors). - Extended franchise (14% population). - Provided for Reserve Bank of India (control currency & credit). - Provided for Federal Public Service Commission, Provincial PSC, Joint PSC. - Provided for Federal Court (1937). - Separated Burma (Myanmar) from India. - Created 2 new provinces: Orissa & Sind. - Provided safeguards for minorities. - Provided for Federal Railway Authority. - Provided for Auditor-General of India (audit federation & provinces accounts). | ||
| Indian Independence Act of 1947 | - British rule in India ended by June 30, 1948 (Clement Atlee declaration, Feb 20, 1947). - Power transferred to responsible Indian hands. - Muslim League agitated for partition. - Mountbatten Plan (June 3, 1947) put forth (accepted by Congress & Muslim League). - Act came into force on August 15, 1947. - Declared India independent & sovereign. - Provided for partition of India & creation of two independent dominions (India & Pakistan), with right to secede from British Commonwealth. - Abolished office of Viceroy; provided Governor-General for each dominion (appointed by British King on dominion cabinet’s advice). - Empowered Constituent Assemblies of both dominions to frame/adopt constitutions & repeal British Parliament acts. - Empowered Constituent Assemblies to legislate for respective territories until new constitutions. - Abolished office of Secretary of State for India (functions transferred to Commonwealth Affairs Secretary). - Proclaimed lapse of British paramountcy over princely states & tribal areas. - Granted freedom to princely states to join India/Pakistan or remain independent. - Provided for governance of dominions & provinces by Government of India Act of 1935 until new Constitutions (authorized modifications to Act). - Deprived British Monarch of veto power over bills. - Designated Governor-General of India & provincial governors as constitutional (nominal) heads. - Dropped title ‘Emperor of India’ from Royal titles. - Discontinued appointment to civil services & reservation of posts by Secretary of State. - Members of civil services appointed before Aug 15, 1947, continued benefits. - Lord Mountbatten first Governor-General of new Dominion of India. - Jawaharlal Nehru first Prime Minister of independent India. - Constituent Assembly of India (formed 1946) became Parliament of Indian Dominion. - Interim Government (1946) & First Cabinet (1947) members listed in Tables 1.1 & 1.2. | ||
| 2. Making of the Constitution | Demand for a Constituent Assembly | Idea & Acceptance | - Idea first put forward by M.N. Roy (1934). - Indian National Congress (INC) officially demanded (1935). - Jawaharlal Nehru (1938) declared Constitution must be framed by Assembly elected on adult franchise. - Demand accepted in principle by ‘August Offer’ (1940). - Sir Stafford Cripps (1942) came with draft proposal (rejected by Muslim League wanting two states). - Cabinet Mission (1946) rejected two Assemblies, put forth scheme satisfying Muslim League. |
| Composition of the Constituent Assembly | Scheme Features | - Constituted November 1946 under Cabinet Mission Plan. - Total strength: 389 (296 British India, 93 princely states). - British India seats: 292 from 11 governors’ provinces, 4 from 4 Chief Commissioners’ provinces. - Seats allotted proportionally to population (1 seat per 1 million population). - British province seats divided among Muslims, Sikhs, General. - Representatives elected by provincial legislative assembly members (proportional representation, single transferable vote). - Princely states representatives nominated by heads. - Assembly was partly elected & partly nominated. - Members indirectly elected by provincial assemblies (limited franchise). - Elections (July-Aug 1946): INC won 208, Muslim League 73, small groups/independents 15. - Princely states (93 seats) did not fill seats. - Assembly comprised representatives of all sections (Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Indian Christians, SCs, STs, women). - Included all important personalities except Mahatma Gandhi. - Seat allocation, election results, community-wise representation, women members in Tables 2.1, 2.2, 2.3, 2.4. | |
| Working of the Constituent Assembly | First Meeting & Presidents | - First meeting: December 9, 1946. - Muslim League boycotted (demanded Pakistan); 207 members attended. - Dr. Sachchidananda Sinha (oldest member) elected temporary Chairman (French practice). - December 11, 1946: Dr. Rajendra Prasad elected permanent Chairman (President). - January 25, 1947: H.C. Mukherjee elected Vice-President. - July 16, 1947: V.T. Krishnamachari elected second Vice-President. | |
| Objectives Resolution | - Moved by Jawaharlal Nehru on December 13, 1946. - Laid down fundamentals & philosophy of constitutional structure. - Declared India Independent Sovereign Republic. - Territories (British India, Indian States, other willing territories) to form Union. - Autonomous units with residuary powers; powers/functions vested in Union or inherent/implied from Union. - All power/authority derived from people. - Guaranteed justice (social, economic, political); equality (status, opportunity, before law); freedom (thought, expression, belief, faith, worship, vocation, association, action); subject to law/public morality. - Adequate safeguards for minorities, backward/tribal areas, depressed/other backward classes. - Maintained integrity of Republic territory & sovereign rights (land, sea, air) according to justice/civilized nations’ law. - Ancient land to attain rightful place, contribute to world peace. - Unanimously adopted by Assembly on January 22, 1947. - Influenced eventual Constitution shaping; modified version forms Preamble. - B. Shiva Rao on ‘unity in trinity’ (liberty, equality, fraternity). | ||
| Changes by the Independence Act | - Princely states gradually joined (6 states by April 28, 1947). - After Mountbatten Plan (June 3, 1947), most princely states joined. - Muslim League members from Indian Dominion entered Assembly. - Indian Independence Act of 1947 made 3 changes to Assembly’s position: 1. Assembly became fully sovereign body (could frame any Constitution, abrogate/alter British Parliament laws). 2. Assembly became legislative body (making Constitution & enacting ordinary laws on separate days). 3. Muslim League members from Pakistan areas withdrew; total Assembly strength reduced to 299 (229 British Provinces, 70 princely states). - State-wise membership as on December 31, 1947, in Table 2.5. | ||
| Other Functions Performed | - Ratified India’s membership of Commonwealth (May 1949). - Adopted National Flag (July 22, 1947). - Adopted National Anthem (January 24, 1950). - Adopted National Song (January 24, 1950). - Elected Dr. Rajendra Prasad as first President of India (January 24, 1950). - Assembly held 11 sessions (2 years, 11 months, 18 days). - Constitution-makers studied ~60 Constitutions; Draft Constitution considered for 114 days. - Total expenditure: ₹64 lakh. - Final session: January 24, 1950 (members signed Constitution). - Constitution came into force: January 26, 1950 (Republic Day). - Indian Independence Act 1947 & GoI Act 1935 repealed. - Abolition of Privy Council Jurisdiction Act (1949) continued. - Sessions of Constituent Assembly in Table 2.6. - Time taken by other Constitutions in Table 2.7. | ||
| Committees of the Constituent Assembly | Major Committees | 1. Union Powers Committee - Jawaharlal Nehru 2. Union Constitution Committee - Jawaharlal Nehru 3. Provincial Constitution Committee - Sardar Patel 4. Drafting Committee - Dr. B.R. Ambedkar 5. Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas - Sardar Patel (5 sub-committees: Fundamental Rights (J.B. Kripalani), Minorities (H.C. Mukherjee), North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas (Gopinath Bardoloi), Excluded and Partially Excluded Areas (other than those in Assam) (A.V. Thakkar), North-West Frontier Tribal Areas (Chairman unknown)) 6. Rules of Procedure Committee - Dr. Rajendra Prasad 7. States Committee (Committee for Negotiating with States) - Jawaharlal Nehru 8. Steering Committee - Dr. Rajendra Prasad | |
| Minor Committees | 1. Finance and Staff Committee - Dr. Rajendra Prasad 2. Credentials Committee - Alladi Krishnaswami Ayyar 3. House Committee - B. Pattabhi Sitaramayya 4. Order of Business Committee - Dr. K.M. Munshi 5. Ad-hoc Committee on the National Flag - Dr. Rajendra Prasad 6. Committee on the Functions of the Constituent Assembly - G.V. Mavalankar 7. Ad-hoc Committee on the Supreme Court - S. Varadachari 8. Committee on Chief Commissioners’ Provinces - B. Pattabhi Sitaramayya 9. Expert Committee on the Financial Provisions of the Union Constitution - Nalini Ranjan Sarkar 10. Linguistic Provinces Commission - S.K. Dar 11. Special Committee to Examine the Draft Constitution - Jawaharlal Nehru 12. Press Gallery Committee - Usha Nath Sen 13. Ad-hoc Committee on Citizenship - S. Varadachari | ||
| Drafting Committee | Formation & Work | - Most important committee, set up August 29, 1947. - Task: prepare draft of new Constitution (7 members: Dr. B.R. Ambedkar (Chairman), N. Gopalaswamy Ayyangar, Alladi Krishnaswamy Ayyar, Dr. K.M. Munshi, Syed Mohammad Saadullah, N. Madhava Rau (replaced B.L. Mitter), T.T. Krishnamachari (replaced D.P. Khaitan)). - Prepared first draft (published February 1948); second draft (published October 1948). - Took less than 6 months (sat for 141 days). | |
| Enactment of the Constitution | Readings & Adoption | - Dr. B.R. Ambedkar introduced final draft on November 4, 1948 (first reading, 5 days discussion). - Second reading (clause by clause): November 15, 1948 - October 17, 1949 (7653 amendments proposed, 2473 discussed). - Third reading: November 14, 1949. - Motion ‘the Constitution as settled by the Assembly be passed’ moved by Dr. B.R. Ambedkar. - Passed on November 26, 1949 (284 members signed). - Preamble enacted after entire Constitution. - Constitution as adopted: Preamble, 395 Articles, 8 Schedules. - Dr. B.R. Ambedkar: ‘Father of the Constitution of India’. - November 26 celebrated as ‘Constitution Day’ (‘Samvidhan Divas’) since 2015. - Articles related to Short Title, Commencement, Hindi Text and Repeals in Table 2.8. | |
| Enforcement of the Constitution | Commencement | - Some provisions (citizenship, elections, provisional Parliament, temporary/transitional provisions, short title) came into force November 26, 1949 (Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392, 393). - Remaining provisions (major part) came into force January 26, 1950 (‘date of its commencement’, Republic Day). - January 26 chosen due to Purna Swaraj day (1930) (Lahore Session, Dec 1929). - Indian Independence Act 1947 & GoI Act 1935 repealed. - Abolition of Privy Council Jurisdiction Act (1949) continued. | |
| Experts Committee of the Congress | Formation & Role | - Appointed by Congress Party (July 8, 1946) to prepare material for Constituent Assembly. - Members: Jawaharlal Nehru (Chairman), M. Asaf Ali, K.M. Munshi, N. Gopalaswami Ayyangar, K.T. Shah, D.R. Gadgil, Humayun Kabir, K. Santhanam. - Krishna Kripalani co-opted as member & convener. - Held 2 sittings (New Delhi: July 20-22, 1946; Bombay: Aug 15-17, 1946). - Discussed procedure, committees, Objectives Resolution. - Granville Austin: ‘Congress Experts Committee set India on the road to her present Constitution’. | |
| Criticism of the Constituent Assembly | Not a Representative Body | - Members not directly elected on universal adult franchise. | |
| Not a Sovereign Body | - Created by British Government proposals. - Held sessions with British Government’s permission. | ||
| Time Consuming | - Took unduly long time (2 years, 11 months, 18 days). - American Constitution took 4 months. - Naziruddin Ahmed called Drafting Committee ‘Drifting Committee’. - Time taken by other Constitutions in Table 2.7. | ||
| Dominated by Congress | - Critics charged Congress party domination. - Granville Austin: ‘Assembly was a one-party body in an essentially one-party country. The Assembly was the Congress and the Congress was India’. | ||
| Lawyer-Politician Domination | - Dominated by lawyers & politicians. - Led to bulkiness & complicated language. - Sir Ivor Jennings called it a “lawyer’s paradise”. - H.K. Maheswari: ‘draft tends to make people more litigious’. - P.R. Deshmukh: ‘far too ponderous like the ponderous tomes of a law manual’. | ||
| Dominated by Hindus | - Critics called it a Hindu-dominated body. - Lord Viscount Simon: ‘a body of Hindus’. - Winston Churchill: ‘represented only one major community in India’. | ||
| 3. Concept of the Constitution | Meaning | Definitions | - Derived from Latin ‘constituere’ (‘to establish’ or ‘to set-up’). - Set of principles specifying government organization, working, & relationship with people. - Described as ‘fundamental law of the land’, ‘supreme law of the state’, ‘basic law of the country’, ‘instrument of the government’, ‘rules of the state’, ‘basic structure of the polity’, ‘grundnorm of the country’. - Gilchrist: ‘body of rules or laws which determine the organization of government, the distribution of powers to the various organs of government, and the general principles on which these powers are to be exercised.’ - Gettell: ‘fundamental principles that determine the form of a state are called its constitution.’ - Wheare: ‘describes the whole system of government of a country, the collection of rules which establish and regulate or govern the government.’ - Wade and Phillips: ‘document having a special legal sanctity which sets out the framework and the principal functions of the organs of the Government of a State and declares the principles governing the operation of those organs.‘ |
| Functions | Purposes | - Elliot Bulmer identified functions: 1. Declare & define boundaries of political community. 2. Declare & define nature & authority of political community. 3. Express identity & values of national community. 4. Declare & define rights & duties of citizens. 5. Establish & regulate political institutions. 6. Divide or share power between different layers of government or sub-state communities. 7. Declare official religious identity of state & demarcate relationships between sacred & secular authorities. 8. Commit states to particular social, economic, or developmental goals. | |
| Qualities | Characteristics of a Good Constitution | 1. Brevity: Precise, no unwanted provisions. 2. Clarity: Clear terms, unambiguous. 3. Definiteness: Definite meaning, reduces judicial discretion. 4. Comprehensiveness: Lays down government powers, citizen rights/duties, reduces controversies. 5. Suitability: Reflects needs/aspirations, suitable for historical/socio-cultural/economic/political conditions. 6. Stability: Facilitates political stability, resists easy tampering, strengthens citizen obedience. 7. Adaptability: Dynamic, not static, adapts to changing situations/requirements, living document. | |
| Classification | Evolved and Enacted | - Evolved: Outcome of slow, gradual evolution (conventions, practices, principles, judicial decisions). Example: British Constitution. - Enacted: Deliberately made by constituent assembly/council, or promulgated by king/parliament (provisions in book/document). Example: American, Indian Constitutions. | |
| Written and Unwritten | - Written: Provisions incorporated in book/document, consciously formulated/adopted. Example: USA, Canada, Japan, France, India. - Unwritten: Most provisions not incorporated in book/document (conventions, practices, principles, statutes, judicial decisions). Example: UK, New Zealand, Israel. - Indian Constitution: synthesis of both. | ||
| Rigid and Flexible | - Classification by Lord James Bryce. - Rigid: Cannot be amended like ordinary laws, requires special procedure. Example: USA, Australia, Switzerland. - Flexible: Can be amended like ordinary laws, no special procedure. Example: UK, New Zealand. - Indian Constitution: synthesis of both. | ||
| Federal and Unitary | - Federal: Division of power between national & regional governments, operate independently. Example: USA, Switzerland, Australia, Canada, Russia, Brazil. - Unitary: Concentration of power in national government, regional governments subordinate. Example: UK, France, Japan, China, Italy, Norway. - Indian Constitution: quasi-federal (K.C. Wheare). | ||
| Procedural and Prescriptive | - Classification by Elliot Bulmer. - Procedural: Defines legal/political structures, sets legal limits on government power to protect democratic processes/human rights. - Prescriptive: Assumes/imposes broad consensus on societal goals, public authorities strive to achieve. | ||
| Constitutionalism and Constitutional Government | Meaning | - Constitution vs. Constitutionalism: - Country can have constitution without constitutionalism (dictatorship). - Constitutionalism recognizes need for government power but insists on limitations (unlimited power leads to authoritarianism, jeopardizes freedom). - Constitutionalism: polity governed by/under constitution that ordains limited government & rule of law (opposed to arbitrary/despotic/authoritarian/totalitarian rule). - Constitutional government must be democratic. - Desires political order with limited government power; ‘civilized’ government. - J.C. Johari: ‘real justification of the constitution finds place in having a “limited government” and of requiring those who govern to conform to laws and rules’. - Constitutional government is antithesis of arbitrary rule. | |
| Definition | - Friedrich: ‘Constitutionalism provides a system of effective restraints upon governmental action. It is a body of rules ensuring fairplay, thus rendering the government responsible’. - Roucek: ‘Constitutionalism means essentially limited government. It is the antithesis of government by the unrestrained will be of rulers. Regardless of the actual form of effectiveness of restraints, it assumes limitations on government as opposed to arbitrary government’. - Wheare: ‘Constitutional government means something more than a government according to the terms of a constitution. It means government limited by the terms of a constitution, not government limited only by the desires and capacities of those who exercise power’. - Ybema: ‘A form of government can only be classified as constitutional when the rulers are subject to a body of rules and principles, which limit the exercise of their power’. | ||
| Elements | - Louis Henkin identified 8 elements/principles of constitutionalism: 1. Popular sovereignty 2. Rule of law 3. Democratic government (responsible & accountable) 4. Separation of powers (checks & balances) 5. Independent judiciary 6. Civilian control of the military 7. Police governed by law & judicial control 8. Respect for individual rights | ||
| 4. Salient Features of the Constitution | Salient Features of the Constitution | Lengthiest Written Constitution | - Borrowed from many Constitutions, but unique. - Originally (1949): Preamble, 395 Articles (22 Parts), 8 Schedules. - Presently: Preamble, ~470 Articles (25 Parts), 12 Schedules. - Amendments (7th, 42nd, 44th, 73rd, 74th, 97th, 101st) deleted ~20 Articles/1 Part, added ~95 Articles/4 Parts/4 Schedules. - 42nd Amendment Act (1976): ‘Mini Constitution’ (large number of changes). - Kesavananda Bharati case (1973): Parliament’s constituent power under Art 368 cannot alter ‘basic structure’. - Parts, Important Articles, Schedules in Tables 4.1, 4.2, 4.3. - 4 factors for elephantine size: Geographical (vastness, diversity), Historical (GoI Act 1935), Single Constitution (Centre & states), Dominance of legal luminaries. - Contains fundamental principles & detailed administrative provisions (matters left to ordinary legislation/conventions in other countries). |
| Drawn from Various Sources | - Borrowed most provisions from other Constitutions & Government of India Act of 1935. - Dr. B.R. Ambedkar: ‘framed after ransacking all the known Constitutions of the World’. - GoI Act 1935: structural part, federal scheme, judiciary, governors, emergency powers, public service commissions, administrative details. - American Constitution: philosophical part (Fundamental Rights, Directive Principles). - Irish Constitution: philosophical part (Directive Principles). - British Constitution: political part (Cabinet Government, relations between Executive & Legislature). - Other sources: Canada, Australia, Germany, USSR (now Russia), France, South Africa, Japan. - Features borrowed in Table 4.4. | ||
| Blend of Rigidity and Flexibility | - Neither rigid nor flexible; synthesis of both. - Article 368: 2 types of amendments: 1. Special majority of Parliament (2/3 majority of members present & voting, majority of total membership). 2. Special majority of Parliament + ratification by half of total states. - Some provisions amended by simple majority of Parliament (not under Art 368). - K.C. Wheare: ‘quasi-federal’. | ||
| Federal System with Unitary Bias | - Establishes federal system (dual polity, division of powers, written Constitution, supremacy of Constitution, rigid Constitution, independent judiciary, bicameralism). - But contains many unitary/non-federal features (strong Centre, states not indestructible, single Constitution, flexibility of Constitution, single citizenship, integrated judiciary, integrated audit machinery, Parliament’s authority over State List, appointment of governor, integrated election machinery, veto over state bills). - Term ‘Federation’ not used; India described as ‘Union of States’ (Art 1). - Dr. B.R. Ambedkar: ‘Union of States’ preferred (Indian Federation not result of agreement, states no right to secede; Union indestructible). - Indian federal system based on ‘Canadian model’ (strong centre, disintegration). - Morris Jones: ‘bargaining federalism’. - Ivor Jennings: ‘federation with a strong centralising tendency’. - Alexandrowicz: ‘case sui generis’. - Granville Austin: ‘co-operative federalism’. - K.C. Wheare: ‘unitary state with subsidiary federal features’. - S.R. Bommai case (1994): Constitution is federal, federalism is ‘basic feature’. - Trends in working of Indian political system reflect federal spirit (territorial disputes, regional parties, financial grants, autonomy assertion, Art 356 limitations). - Subash C. Kashyap: federalism is compromise between normal division of powers & need for national integrity/strong Union government. | ||
| Parliamentary form of Government | - Opted for British Parliamentary System (Westminster model, responsible Government, Cabinet Government). - Executive responsible to legislature. - Prevalent in Britain, Japan, Canada, India. - Ivor Jennings: ‘cabinet system’. - Also known as ‘responsible government’ (cabinet accountable to Parliament). - Features: Nominal & Real Executives (President nominal, PM real), Majority Party Rule, Collective Responsibility, Political Homogeneity, Double Membership, Leadership of Prime Minister, Dissolution of Lower House, Secrecy. - PM’s role: ‘Prime Ministerial Government’ (Crossman, Mackintosh). - Indian Parliament not sovereign like British; Indian State has elected head (republic). - PM may be member of either House (unlike Britain, PM must be Lower House member). | ||
| Synthesis of Parliamentary Sovereignty and Judicial Supremacy | - British Parliament: sovereignty of Parliament. - American Supreme Court: judicial supremacy. - Indian Constitution: synthesis of both. - Supreme Court can declare parliamentary laws unconstitutional (judicial review). - Parliament can amend major portion of Constitution (constituent power). - Judicial review power in India narrower than USA (India: ‘procedure established by law’ (Art 21); USA: ‘due process of law’). | ||
| Integrated and Independent Judiciary | - Integrated judicial system (Supreme Court at top, High Courts below, subordinate courts below). - Single system enforces Central & state laws (unlike USA, dual system). - Supreme Court: federal court, highest court of appeal, guarantor of fundamental rights, guardian of Constitution. - Provisions for independence: security of tenure, fixed service conditions, expenses charged on Consolidated Fund, prohibition of discussion on judges’ conduct, ban on practice after retirement, power to punish for contempt, freedom to appoint staff, jurisdiction cannot be curtailed. | ||
| Fundamental Rights | - Enshrined in Part III (Articles 12-35). - Derived from USA (Bill of Rights). - Described as ‘Magna Carta of India’. - Long & comprehensive list of ‘justiciable’ rights. - Guaranteed to all persons without discrimination. - Uphold equality, dignity, unity. - Promote political democracy. - Prevent authoritarian/despotic rule, protect liberties/freedoms. - Limitations on executive & legislative tyranny. - Aim: ‘government of laws and not of men’. - Originally 7 rights; Right to Property (Art 31) deleted by 44th Amendment Act (1978), made legal right (Art 300-A, Part XII). - Now 6 rights: Right to Equality (14-18), Right to Freedom (19-22), Right against Exploitation (23-24), Right to Freedom of Religion (25-28), Cultural & Educational Rights (29-30), Right to Constitutional Remedies (32). - Features: some available only to citizens, not absolute (subject to reasonable restrictions), not sacrosanct (can be curtailed/repealed by constitutional amendment, not ordinary act), enforceable by courts, defended/guaranteed by Supreme Court. - Can be suspended during National Emergency (except Art 20 & 21). - FRs of Foreigners in Table 8.2. | ||
| Directive Principles of State Policy | - Enumerated in Part IV (Articles 36-51). - Inspired by Irish Constitution (1937) (copied from Spanish Constitution). - Dr. B.R. Ambedkar: ‘novel features’. - Along with FRs, contain philosophy of Constitution; ‘soul of the Constitution’. - Granville Austin: ‘Conscience of the Constitution’. - Features: ideals for State policy/laws, constitutional instructions/recommendations, comprehensive economic/social/political programme, aim for ‘welfare state’ (not ‘police state’), aim for economic/social democracy. - Non-justiciable (not legally enforceable). - Constitution (Art 37) states ‘fundamental in governance’, duty of State to apply. - Help courts determine constitutional validity of laws. - Classified into: Socialistic, Gandhian, Liberal-Intellectual. - Minerva Mills case (1980): ‘Indian Constitution founded on bedrock of balance between Fundamental Rights and Directive Principles’. - 42nd Amendment Act (1976): gave legal primacy/supremacy to DPs over FRs (Art 14, 19, 31); declared unconstitutional by Minerva Mills case. - Present position: FRs supremacy over DPs. - Implementation measures: Planning Commission (now NITI Aayog), land reforms, labor laws, maternity benefits, legal services, Khadi/Village Industries Boards. - Directives outside Part IV (Art 335, 350-A, 351). - Articles related to DPs in Table 9.2. | ||
| Fundamental Duties | - Original Constitution had no FDs for citizens. - Added during internal emergency (1975-77) by 42nd Amendment Act (1976). - Recommended by Swaran Singh Committee. - Part IVA (Article 51-A) specifies 10 FDs. - 86th Amendment Act (2002) added one more FD (total 11). - Inspired by erstwhile USSR Constitution. - Features: moral & civic duties, codification of Indian values, confined to citizens only, non-justiciable (not legally enforceable). - Mohan Kumar Singhania case (1991): FDs can interpret ambiguous laws. - Ram/lila Maidan Incident case (2012): common thread through Parts III, IV, IVA. - Verma Committee (1999) identified legal provisions for FD implementation. - Criticism: not exhaustive (missing vote, taxes, family planning), vague, superfluous, appendage to Part IV. - Swaran Singh Committee recommendations (penalty for non-compliance, non-questionable in court, duty to pay taxes) not accepted. | ||
| A Secular State | - Constitution stands for Secular State (no official religion). - Term ‘secular’ added to Preamble by 42nd Amendment Act (1976). - Preamble secures liberty of belief, faith, worship. - Art 14: equality before law. - Art 15: no discrimination on religion. - Art 16: equality of opportunity in public employment. - Art 25: freedom to profess, practice, propagate religion. - Art 26: freedom to manage religious affairs. - Art 27: no taxes for promotion of religion. - Art 28: no religious instruction in state-maintained institutions. - Art 29: conserve distinct language/script/culture. - Art 30: minorities right to establish/administer educational institutions. - Art 44: Uniform Civil Code. - Indian secularism: positive concept (equal respect/protection for all religions), not Western (complete separation). - Abolished communal representation (1909, 1919, 1935 Acts). | ||
| Universal Adult Franchise | - Basis of elections to Lok Sabha & state legislative assemblies. - Every citizen 18 years or above has right to vote (no discrimination on caste, race, religion, sex, literacy, wealth). - Voting age reduced from 21 to 18 by 61st Amendment Act (1988). - Bold experiment (vast country, poverty, illiteracy). - Broad-based democracy, enhances self-respect, upholds equality, protects minorities, opens new vistas for weaker sections. - Despite single citizenship, communal riots, class conflicts, caste wars, linguistic clashes, ethnic disputes persist. | ||
| Single Citizenship | - Though federal (dual polity), provides only single citizenship (Indian citizenship). - Citizens owe allegiance only to Union; no separate state citizenship. - Unlike USA (dual citizenship, dual rights, state discrimination). - Avoids discrimination problems. - All citizens enjoy same political & civil rights nationwide. - Exceptions to non-discrimination: Parliament can prescribe residence for employment (Public Employment (Requirement as to Residence) Act, 1957, expired 1974, except Andhra Pradesh & Telangana). - Constitution (Art 15) prohibits discrimination on residence for special benefits (state can offer concessions to residents). - Freedom of movement/residence (Art 19) restricted in tribal areas (to protect culture, language, customs, vocation, property). - Till 2019, J&K legislature defined permanent residents & conferred special rights/privileges (Art 35-A, ‘The Constitution (Application to Jammu and Kashmir) Order, 1954’). Abolished by ‘The Constitution (Application to Jammu and Kashmir) Order, 2019’. - India adopted single citizenship like Canada (promotes fraternity, unity). | ||
| Independent Bodies | - Constitution provides for legislative, executive, judicial organs. - Also establishes independent bodies (bulwarks of democracy): 1. Election Commission: ensures free/fair elections to Parliament, state legislatures, President, Vice-President. 2. Comptroller and Auditor-General of India (CAG): audits Central & state government accounts, guardian of public purse. 3. Union Public Service Commission (UPSC): conducts recruitment for All-India Services & higher Central services, advises President on disciplinary matters. 4. State Public Service Commission (SPSC): conducts recruitment for state services, advises governor on disciplinary matters. - Independence ensured by: security of tenure, fixed service conditions, expenses charged on Consolidated Fund, prohibition of discussion on conduct, ban on practice after retirement. - UPSC/SPSC are central recruiting agencies, not central personnel agencies (handled by Department of Personnel & Training). - UPSC/SPSC recommendations are advisory, not binding. - Emergence of CVC/SVC affected UPSC/SPSC role in disciplinary matters. | ||
| Emergency Provisions | - Contained in Part XVIII (Articles 352-360). - Enable President to meet abnormal situations. - Rationale: safeguard sovereignty, unity, integrity, security, democratic political system, Constitution. - Dr. B.R. Ambedkar: ‘Constitution designed to work as federal in normal times, unitary during emergency’. - 3 types of emergencies: 1. National Emergency (Art 352): war, external aggression, armed rebellion (‘internal disturbance’ replaced by ‘armed rebellion’ by 44th Amendment Act 1978). 2. President’s Rule (Art 356): failure of constitutional machinery in states, or failure to comply with Centre’s directions (Art 365). Popularly ‘State Emergency’ or ‘Constitutional Emergency’. 3. Financial Emergency (Art 360): threat to financial stability/credit. - During emergency, Central government becomes all-powerful; federal structure converts to unitary (without formal amendment). Unique feature. - Comparison of Martial Law vs. National Emergency in Table 8.7. | ||
| Three-tier Government | - Originally dual polity (Centre & states). - 73rd Amendment Act (1992) added third-tier (local) for rural areas: Panchayats (Part IX, Schedule 11, 29 functional items). - 74th Amendment Act (1992) added third-tier (local) for urban areas: Municipalities (Part IX-A, Schedule 12, 18 functional items). - Not found in any other Constitution. | ||
| Co-operative Societies | - 97th Constitutional Amendment Act (2011) gave constitutional status & protection. - Made right to form co-operative societies a fundamental right (Art 19). - Included new Directive Principle (Art 43-B) on promotion of co-operative societies. - Added new Part IX-B (‘The Co-operative Societies’, Articles 243-ZH to 243-ZT). - Part IX-B ensures democratic, professional, autonomous, economically sound functioning. - Empowers Parliament for multi-state societies, state legislatures for others. | ||
| Criticism of the Constitution | A Borrowed Constitution | - Critics: ‘borrowed Constitution’, ‘bag of borrowings’, ‘hotch-potch’, ‘patchwork’. - Defence: framers modified borrowed features for Indian conditions, avoiding faults. - Dr. B.R. Ambedkar: ‘nothing new… scope of Constitution settled… new things are variations to remove faults’. | |
| A Carbon Copy of the 1935 Act | - Critics: ‘Carbon Copy of the 1935 Act’, ‘Amended Version of the 1935 Act’. - N. Srinivasan: ‘close copy of the Act of 1935’. - Sir Ivor Jennings: ‘derives directly from the Government of India Act of 1935’. - P.R. Deshmukh: ‘essentially the Government of India Act of 1935 with only adult franchise added’. - Defence: Dr. B.R. Ambedkar: ‘no apologies… nothing to be ashamed of in borrowing… provisions relate mostly to details of administration’. | ||
| Un-Indian or Anti-Indian | - Critics: ‘un-Indian’, ‘anti-Indian’, doesn’t reflect political traditions/spirit of India. - K. Hanumanthaiya: ‘music of Veena or Sita, but here we have the music of an English band’. - Lokanath Misra: ‘slavish imitation of the west’. - Lakshminarayan Sahu: ‘no manifest relation to the fundamental spirit of India’. - T. Prakasam: attributed to Ambedkar’s non-participation in Gandhian movement. | ||
| Elephantine Size | - Critics: too bulky, too detailed, unnecessary elements. - Sir Ivor Jennings: ‘provisions borrowed… not always well-selected… too long and complicated’. - H.V. Kamath: ‘emblem… elephant… Constitution too is the bulkiest’. | ||
| Paradise of the Lawyers | - Critics: too legalistic, very complicated. - Sir Ivor Jennings: ‘lawyer’s paradise’. - H.K. Maheswari: ‘draft tends to make people more litigious… lawyers plenty of work’. - P.R. Deshmukh: ‘far too ponderous like the ponderous tomes of a law manual’. | ||
| Significance of Fundamental Rights | Importance | - Bedrock of democratic system. - Provide necessary conditions for material & moral protection of man. - Formidable bulwark of individual liberty. - Facilitate establishment of rule of law. - Protect interests of minorities & weaker sections. - Strengthen secular fabric of Indian State. - Check absoluteness of government authority. - Lay foundation stone of social equality & social justice. | |
| 5. Preamble of the Constitution | Text of the Preamble | Current Text | - “We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens; JUSTICE, Social, Economic and Political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all; FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION”. |
| Ingredients of the Preamble | Four Components | 1. Source of authority: Constitution derives authority from people of India. 2. Nature of Indian State: Declares India to be sovereign, socialist, secular, democratic, republican polity. 3. Objectives: Specifies justice, liberty, equality, fraternity as objectives. 4. Date of adoption: Stipulates November 26, 1949. | |
| Key Words in the Preamble | Sovereign | - India is neither dependency nor dominion; independent state. - No authority above it; free to conduct internal & external affairs. - Membership of Commonwealth (1949) & UNO (1945) does not limit sovereignty. - Can acquire/cede foreign territory. | |
| Socialist | - Term ‘socialist’ added by 42nd Amendment Act (1976). - Constitution had socialist content (Directive Principles) even before 1976. - Congress party adopted ‘socialistic pattern of society’ resolution (Avadi session, 1955). - Indian socialism: ‘democratic socialism’ (not ‘communistic socialism’). - ‘Democratic socialism’: ‘mixed economy’ (public & private sectors co-exist). - Supreme Court: ‘Democratic socialism aims to end poverty, ignorance, disease and inequality of opportunity’. - Indian socialism: blend of Marxism & Gandhism (leans towards Gandhism). - New Economic Policy (1991) (liberalisation, privatisation, globalisation) diluted socialist credentials. | ||
| Secular | - Term ‘secular’ added by 42nd Amendment Act (1976). - Constitution-makers intended secular state (Art 25-28 on freedom of religion). - Indian secularism: positive concept (equal status & support to all religions), not Western (complete separation of church & state). - Abolished old communal representation system (reservation of seats based on religion). | ||
| Democratic | - ‘Democratic’ polity based on popular sovereignty (supreme power by people). - 2 types: Direct (people exercise supreme power directly: Referendum, Initiative, Recall, Plebiscite in Switzerland) & Indirect (representatives exercise power: parliamentary & presidential). - Indian Constitution provides for representative parliamentary democracy. - Manifestations: universal adult franchise, periodic elections, rule of law, independent judiciary, absence of discrimination. - ‘Democratic’ used in broader sense: includes social & economic democracy. - Dr. Ambedkar: ‘Political democracy cannot last unless there lies at the base of it social democracy’. | ||
| Republic | - Democratic polity classified into monarchy & republic. - Monarchy: hereditary head (King/Queen, e.g., Britain). - Republic: elected head (President, e.g., USA, India). - India’s Preamble indicates elected head (President, indirectly elected for 5 years). - Also means: vesting political sovereignty in people, absence of privileged class, all public offices open to all citizens. | ||
| Justice | - Embraces 3 forms: social, economic, political. - Secured through Fundamental Rights & Directive Principles. - Social justice: equal treatment of all citizens (no social distinction based on caste, color, race, religion, sex). Absence of privileges, improvement of backward classes/women. - Economic justice: non-discrimination based on economic factors. Elimination of inequalities in wealth, income, property. - ‘Distributive justice’: combination of social & economic justice. - Political justice: equal political rights, access to offices, voice in government. - Ideal of justice taken from Russian Revolution (1917). | ||
| Liberty | - Absence of restraints on individual activities; opportunities for personality development. - Secured through Fundamental Rights (enforceable in court). - Essential for democratic system. - Not ‘license’; enjoyed within constitutional limitations. - Not absolute; qualified. - Ideals of liberty, equality, fraternity taken from French Revolution (1789-1799). | ||
| Equality | - Absence of special privileges for any section; adequate opportunities for all. - Secured through Preamble. - Embraces 3 dimensions: civic, political, economic. - Civic equality: Art 14 (equality before law), Art 15 (no discrimination), Art 16 (equality of opportunity), Art 17 (abolition of untouchability), Art 18 (abolition of titles). - Political equality: Art 325 (no person ineligible for electoral rolls on religion, race, caste, sex), Art 326 (elections on adult suffrage). - Economic equality: Art 39 (equal right to livelihood, equal pay). | ||
| Fraternity | - Sense of brotherhood. - Promoted by single citizenship. - Fundamental Duties (Art 51-A): promote harmony, common brotherhood, renounce derogatory practices against women, uphold sovereignty/unity/integrity. - Assures dignity of individual & unity/integrity of Nation. - ‘Integrity’ added by 42nd Amendment (1976). - K.M. Munshi: ‘dignity of the individual’ signifies sacred personality. - ‘Unity and integrity of the nation’ embraces psychological & territorial dimensions. - Art 1 describes India as ‘Union of States’ (indestructible Union). - Aims to overcome communalism, regionalism, casteism, linguism, secessionism. | ||
| Significance of the Preamble | Importance | - Embodies basic philosophy & values (political, moral, religious). - Contains grand vision of Constituent Assembly; reflects dreams/aspirations of founding fathers. - Sir Alladi Krishnaswami Iyer: ‘expresses what we had thought or dreamt so long’. - K.M. Munshi: ‘horoscope of our sovereign democratic republic’. - Pandit Thakur Das Bhargava: ‘most precious part… soul… key… jewel… proper yardstick’. - Sir Ernest Barker: ‘key-note… quoted in Principles of Social and Political Theory’. - M. Hidayatullah: ‘resembles Declaration of Independence… soul of our Constitution… solemn resolve’. | |
| Preamble as Part of the Constitution | Evolution of View | - Controversy: part of Constitution or not. - Berubari Union case (1960): Preamble shows general purposes, key to makers’ minds, aids interpretation of ambiguous terms; not a part of Constitution. - Kesavananda Bharati case (1973): Rejected Berubari view; Preamble is part of Constitution; ‘of extreme importance… read and interpreted in light of grand and noble vision’. - LIC of India case (1995): Reaffirmed Preamble as integral part of Constitution. - Preamble enacted by Constituent Assembly after Constitution (to ensure conformity). - President of Constituent Assembly: ‘Preamble stands part of the Constitution’. - Current opinion: Preamble is part of Constitution, in consonance with founding fathers. - Two points: Preamble neither source of power nor prohibition on legislature; non-justiciable (not enforceable in courts). | |
| Amendability of the Preamble | Kesavananda Bharati case (1973) | - Question arose for first time. - Petitioner argued: Preamble not part of Constitution, Art 368 cannot destroy basic elements/features enshrined in Preamble. - Supreme Court held: Preamble is part of Constitution. - Court stated: Berubari opinion was wrong. - Preamble can be amended, but basic features cannot be altered. - Court: ‘edifice of our Constitution is based upon the basic elements mentioned in the Preamble. If any of these elements are removed, the structure will not survive and it will not be the same Constitution or it cannot maintain its identity. An amending power cannot be interpreted so as to confer power on the Parliament to take away any of these fundamental and basic characteristics of the polity’. - Preamble amended only once (1976, 42nd Amendment Act added Socialist, Secular, Integrity). Held valid. | |
| 6. Union and Its Territory | Union of States | Article 1 & Its Implications | - Art 1 describes India as ‘Union of States’ (not ‘Federation of States’). - Two things: name of country (‘India, that is, Bharat’), type of polity (‘Union of States’). - No unanimity on name (Bharat vs. India); Constituent Assembly adopted mix. - Dr. B.R. Ambedkar: ‘Union of States’ preferred over ‘Federation of States’ because: Indian Federation not result of agreement among states; states have no right to secede. - Federation is indestructible; country is integral whole, divided for administrative convenience. - Territory of India classified into 3 categories: Territories of states, Union territories, Territories acquired by Government of India. - Names of states/UTs & territorial extent in First Schedule. - 28 states, 8 UTs presently. - Special provisions (Part XXI) for Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka override general provisions. - Fifth & Sixth Schedules contain separate provisions for scheduled/tribal areas. - ‘Territory of India’ (states, UTs, acquired territories) is wider than ‘Union of India’ (states only). - States: members of federal system, share powers with Centre. - UTs & acquired territories: directly administered by Central government. - Sovereign state can acquire foreign territories (cession, purchase, gift, lease, plebiscite), occupation, conquest, subjugation. - Examples: Dadra & Nagar Haveli, Goa, Daman & Diu, Puducherry, Sikkim. |
| Parliament’s Power to Reorganise the States | Article 2 & 3 | - Article 2: empowers Parliament to ‘admit into the Union of India, or establish, new states on such terms and conditions as it thinks fit’. - Two powers: admit new states (already in existence), establish new states (not in existence before). - Art 2 relates to states not part of Union of India. - Article 3: relates to formation/changes in existing states of Union of India (internal re-adjustment). - Authorizes Parliament to: form new state (separation/uniting), increase area, diminish area, alter boundaries, alter name. - Two conditions for Art 3 changes: Bill requires prior recommendation of President; President must refer bill to state legislature for views (within specified period). - President/Parliament not bound by state legislature views. - No fresh reference needed if bill amended in Parliament. - No reference needed for Union Territory. - Constitution authorizes Parliament to form new states/alter existing states without their consent. - India: ‘an indestructible union of destructible states’ (Union can destroy states, states cannot destroy Union). - Unlike USA: territorial integrity of states guaranteed. - Article 4: laws made under Art 2 & 3 are not amendments under Art 368 (passed by simple majority, ordinary legislative process). - Laws made by Parliament under Art 3 in Table 6.4. | |
| Exchange of Territories with Bangladesh | 100th Constitutional Amendment Act (2015) | - Enacted to give effect to acquiring/transferring territories with Bangladesh (agreement & protocol). - India transferred 111 enclaves to Bangladesh; Bangladesh transferred 51 enclaves to India. - Involved transfer of adverse possessions & demarcation of 6.1 km undemarcated border. - Modified provisions relating to territories of 4 states (Assam, West Bengal, Meghalaya, Tripura) in First Schedule. - Background: India-Bangladesh common land boundary (4096.7 kms). Radcliffe Award 1947 disputes. Bagge Award 1950. Nehru-Noon Agreement 1958. Berubari Union issue challenged in Supreme Court. - 9th Constitutional Amendment Act (1960) passed (to transfer Berubari Union to Pakistan); not notified for former East Pakistan territories. - May 16, 1974: Agreement between India & Bangladesh (demarcation, related matters). Not ratified (involved territory transfer requiring Constitutional Amendment). | |
| Evolution of States and Union Territories | Integration of Princely States | - At independence, India had British provinces & princely states. - Indian Independence Act (1947) gave princely states 3 options: join India, join Pakistan, remain independent. - 549 of 552 princely states joined India; 3 refused (Hyderabad, Junagarh, Kashmir). - Hyderabad: police action; Junagarh: referendum; Kashmir: Instrument of Accession. - 1950 Constitution: 4-fold classification of states/territories: - Part A states: 9 erstwhile governors’ provinces. - Part B states: 9 erstwhile princely states with legislatures. - Part C states: 10 erstwhile chief commissioner’s provinces & some princely states (centrally administered). - Part D territories: Andaman & Nicobar Islands (solitary). - 4-fold classification in Table 6.1. | |
| Dhar Commission and JVP Committee | - Integration of princely states was ad hoc. - Demand for linguistic states. - S.K. Dhar (June 1948): Linguistic Provinces Commission appointed (examined feasibility). - Report (Dec 1948): recommended reorganization on administrative convenience, not linguistic factor. - Caused resentment; JVP Committee (Dec 1948) appointed by Congress (Jawaharlal Nehru, Vallahbhai Patel, Pattabhi Sitaramayya). - Report (April 1949): formally rejected language as basis for reorganization. - October 1953: GoI forced to create first linguistic state: Andhra state (separating Telugu-speaking areas from Madras state). | ||
| Fazl Ali Commission | - Creation of Andhra state intensified demand for linguistic states. - States Reorganisation Commission (Dec 1953) appointed (3 members: Fazl Ali (Chairman), K.M. Panikkar, H.N. Kunzru). - Report (Sept 1955): broadly accepted language as basis, but rejected ‘one language-one state’ theory. - View: unity of India primary consideration. - Identified 4 major factors for reorganization: Preservation/strengthening unity/security, Linguistic/cultural homogeneity, Financial/economic/administrative considerations, Planning/promotion of people’s welfare. - Commission suggested: abolition of 4-fold classification, creation of 16 states & 3 centrally administered territories. - GoI accepted recommendations with minor modifications. - States Reorganisation Act (1956) & 7th Constitutional Amendment Act (1956): abolished Part A/B/C states (some merged, some UTs). - Result: 14 states & 6 UTs created on November 1, 1956. - Territory of India in 1956 in Table 6.2. | ||
| New States and Union Territories Created After 1956 | - Political map continuously changed due to popular agitations/political conditions. - Demand for more states based on language/cultural homogeneity. - Maharashtra & Gujarat (1960): bilingual Bombay state divided into Maharashtra (Marathi) & Gujarat (Gujarati). Gujarat 15th state. - Dadra & Nagar Haveli (1961): Portuguese ruled until 1954; administered by people’s administrator until 1961; converted to UT by 10th Constitutional Amendment Act (1961). - Goa, Daman & Diu (1962): acquired from Portuguese (police action, 1961); constituted as UT by 12th Constitutional Amendment Act (1962). - Goa (1987): conferred statehood; Daman & Diu separate UT. - Nagaland (1963): formed from Naga Hills & Tuensang area (Assam); 16th state. Placed under Assam governor’s control (1961) before statehood. - Haryana, Chandigarh & Himachal Pradesh (1966): Punjab state bifurcated (Punjabi Subha movement). Haryana 17th state; Chandigarh new UT & common capital; Himachal Pradesh UT. - Himachal Pradesh (1971): elevated to statehood (18th state). - Manipur, Tripura & Meghalaya (1972): Manipur (19th), Tripura (20th), Meghalaya (21st) got statehood. Mizoram & Arunachal Pradesh formed UTs from Assam. - Meghalaya (1969): created as ‘autonomous state’ within Assam by 22nd Constitutional Amendment Act (1969). - Sikkim (1975): princely state ruled by Chogyal until 1947; ‘protectorate’ of India (1947); desired greater association; 35th Constitutional Amendment Act (1974) introduced ‘associate state’ status (new Art 2-A, 10th Schedule); people voted for Chogyal abolition & Sikkim becoming integral part of India; 36th Constitutional Amendment Act (1975) made Sikkim full-fledged state (22nd state), amended First/Fourth Schedules, added Art 371-F, repealed Art 2-A/10th Schedule. - Mizoram, Arunachal Pradesh & Goa (1987): Mizoram (23rd), Arunachal Pradesh (24th), Goa (25th) became states. Mizoram Peace Accord 1986. - Chhattisgarh, Uttarakhand & Jharkhand (2000): Chhattisgarh (26th) from MP, Uttarakhand (27th) from UP, Jharkhand (28th) from Bihar. - Telangana (2014): 29th state, carved from Andhra Pradesh. Kurnool capital of Andhra state (1953), shifted to Hyderabad. - Jammu & Kashmir and Ladakh (2019): J&K state had special status (Art 370); abolished by ‘The Constitution (Application to Jammu and Kashmir) Order, 2019’. J&K & Ladakh bifurcated into two separate UTs. J&K UT has legislature, Ladakh UT without legislature. - Dadra & Nagar Haveli and Daman & Diu (2020): erstwhile separate UTs merged into single UT by Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019. - Current Territory of India in Table 6.3. - Laws Made by Parliament Under Article 3 in Table 6.4. - Articles Related to Union and its Territory in Table 6.5. | ||
| 7. Citizenship | Meaning and Significance | Citizens & Aliens | - India has citizens & aliens. - Citizens: full members, owe allegiance, enjoy all civil & political rights. - Aliens: citizens of other states, enjoy fewer rights. - Friendly aliens: cordial relations with India. - Enemy aliens: at war with India (fewer rights, no protection against arrest/detention). - Rights & privileges conferred on citizens (denied to aliens): Art 15 (no discrimination), Art 16 (equality of opportunity), Art 19 (6 freedoms), Art 29/30 (cultural/educational rights), right to vote, right to contest elections, eligibility for public offices (President, VP, SC/HC judges, Governor, AG, Advocate General). - Citizens owe duties (taxes, national flag/anthem respect, defense). - India: citizens by birth & naturalized citizens eligible for President (unlike USA, only birth citizens). |
| Single Citizenship | Concept & Exceptions | - Indian Constitution is federal (dual polity) but provides single citizenship. - Citizens owe allegiance only to Union; no separate state citizenship. - Unlike USA & Australia (dual citizenship). - Avoids discrimination problems. - All citizens enjoy same political & civil rights nationwide. - Exceptions: Parliament can prescribe residence for employment (Art 16) (Public Employment (Requirement as to Residence) Act, 1957, expired 1974, except Andhra Pradesh & Telangana). - Constitution (Art 15) prohibits discrimination on residence for special benefits (state can offer concessions to residents). - Freedom of movement/residence (Art 19) restricted in tribal areas (to protect culture, customs, vocation, property). - Till 2019, J&K legislature defined permanent residents & conferred special rights/privileges (Art 35-A, ‘The Constitution (Application to Jammu and Kashmir) Order, 1954’). Abolished by ‘The Constitution (Application to Jammu and Kashmir) Order, 2019’. - India adopted single citizenship like Canada (promotes fraternity, unity). | |
| Constitutional Provisions | Articles 5-11 | - Part II (Articles 5-11) deals with citizenship. - No permanent/elaborate provisions; identifies citizens at commencement (Jan 26, 1950). - Empowers Parliament to legislate on citizenship (Citizenship Act 1955). - 4 categories of citizens at commencement (Jan 26, 1950): 1. Domicile in India + born in India; OR parents born in India; OR ordinarily resident for 5 years. 2. Migrated from Pakistan: became citizen if parents/grandparents born in undivided India + migrated before July 19, 1948 (ordinarily resident since migration); OR migrated on/after July 19, 1948 (registered after 6 months residence). 3. Migrated to Pakistan after March 1, 1947, but returned: became citizen if registered after 6 months residence. 4. Indian origin residing outside India: became citizen if registered by diplomatic/consular representative. - Other provisions: 1. No person citizen if voluntarily acquired foreign citizenship. 2. Every citizen continues to be citizen, subject to Parliament law. 3. Parliament has power to legislate on acquisition/termination/other matters. | |
| Citizenship Act, 1955 | Acquisition of Citizenship | - Provides for acquisition & loss of citizenship after Constitution commencement. - Originally provided for Commonwealth Citizenship (repealed by Citizenship (Amendment) Act, 2003). - 5 ways of acquisition: 1. By Birth: Born in India on/after Jan 26, 1950, before July 1, 1987 (citizen by birth). Born on/after July 1, 1987, before Dec 3, 2004 (citizen if either parent citizen). Born on/after Dec 3, 2004 (citizen if both parents citizens OR one citizen & other not illegal migrant). Children of foreign diplomats/enemy aliens not citizens by birth. 2. By Descent: Born outside India on/after Jan 26, 1950, before Dec 10, 1992 (citizen if father citizen). Born on/after Dec 10, 1992 (citizen if either parent citizen). Born on/after Dec 3, 2004 (citizen if birth registered at Indian consulate within 1 year or with GoI permission). Minor child with dual citizenship ceases Indian citizenship if not renounced within 6 months of attaining full age. 3. By Registration: GoI can register (not illegal migrant) if person belongs to categories: Indian origin (7 years residence); Indian origin (outside undivided India); married to Indian citizen (7 years residence); minor children of Indian citizens; full age & capacity whose parents registered as citizens; full age & capacity who/parents were citizens of independent India & ordinarily resident for 12 months; OCI cardholder for 5 years & resident for 12 months. Indian origin: born in undivided India or part of India after Aug 15, 1947. 4. By Naturalisation: GoI can grant certificate (not illegal migrant) if person meets qualifications (no foreign citizenship, renounce foreign citizenship, 12 months residence + 11 years residence in 14 years, good character, adequate language knowledge, intends to reside/serve in India). GoI can waive conditions for distinguished service. Naturalized citizen must take oath of allegiance. 5. By Incorporation of Territory: GoI specifies citizens if foreign territory becomes part of India (from notified date). Example: Pondicherry (1962). | |
| Special Provisions (Assam Accord) | - Citizenship (Amendment) Act, 1985: added provisions for persons covered by Assam Accord (foreigners’ issue). - Indian origin from Bangladesh before Jan 1, 1966 + resident since entry: deemed citizens from Jan 1, 1966. - Indian origin from Bangladesh on/after Jan 1, 1966, before March 25, 1971 + resident since entry + detected foreigner: registers self, deemed citizen after 10 years from detection (same rights/obligations as citizen, except vote). - These provisions not applicable to tribal area of Assam, Meghalaya, Mizoram, Tripura (Sixth Schedule) & ‘Inner Line’ (Bengal Eastern Frontier Regulation, 1873). | ||
| Special Provisions (Migrants from Afghanistan, Bangladesh, Pakistan) | - Citizenship (Amendment) Act, 2019: added provisions for Hindu, Sikh, Buddhist, Jain, Parsi, Christian migrants from Afghanistan, Bangladesh, Pakistan who entered India on/before Dec 31, 2014 & exempted from Passport Act 1920/Foreigners Act 1946. - GoI can grant registration/naturalisation certificate if conditions met; deemed citizen from entry date. - Pending illegal migration/citizenship proceedings abated. - Not applicable to tribal areas of Assam, Meghalaya, Mizoram, Tripura (Sixth Schedule) & ‘Inner Line’. - Before 2019 Act, these migrants were illegal & ineligible for Indian citizenship. - In 2015, GoI exempted them from adverse penal consequences; in 2016, made eligible for long term visa. - 2019 Act came into force January 10, 2020. - Comparing NRI, PIO, OCI Cardholder in Table 7.1. | ||
| Loss of Citizenship | - Citizenship Act (1955) prescribes 3 ways: 1. By Renunciation: Citizen of full age/capacity declares renunciation; ceases to be citizen. Minor child also loses citizenship (can resume at 18). Withheld during war. 2. By Termination: GoI compulsorily terminates if: obtained by fraud; shown disaffection towards Constitution; unlawfully traded/communicated with enemy during war; imprisoned for 2+ years within 5 years of registration/naturalisation; ordinarily resident outside India for 7 years continuously. 3. By Deprivation: GoI deprives if: obtained by fraud; shown disaffection towards Constitution; unlawfully traded/communicated with enemy during war; imprisoned for 2+ years within 5 years of registration/naturalisation; ordinarily resident outside India for 7 years continuously. | ||
| Overseas Citizenship of India | OCI Cardholder Scheme | - High Level Committee on Indian Diaspora (L.M. Singhvi, 2000) recommended dual citizenship for PIOs. - Citizenship (Amendment) Act, 2003: provision for OCI for PIOs of 16 specified countries (excluding Pakistan, Bangladesh). Omitted Commonwealth Citizenship. - Citizenship (Amendment) Act, 2005: expanded OCI to PIOs of all countries (excluding Pakistan, Bangladesh) if home country allows dual citizenship. - OCI is not actual dual citizenship (Art 9 forbids). - Citizenship (Amendment) Act, 2015: modified OCI provisions; introduced ‘Overseas Citizen of India Cardholder’ scheme (merged PIO card & OCI card schemes). - PIO card scheme (Aug 19, 2002) & OCI card scheme (Dec 2, 2005) ran parallel, caused confusion. - 2015 Act enacted to create single scheme. - PIO scheme rescinded Jan 9, 2015; existing PIO cardholders deemed OCI cardholders. - Registration: GoI can register as OCI cardholder if: citizen of another country (was Indian citizen at/after Constitution commencement OR eligible to be citizen OR belonged to territory that became part of India after Aug 15, 1947); minor child of above; minor child with both parents citizens OR one citizen; foreign spouse of Indian citizen/OCI cardholder (marriage registered & subsisted for 2+ years). Not eligible if from Pakistan, Bangladesh, or specified country. - Rights: Entitled to rights specified by GoI (Table 7.1, serial 7). - Not entitled to: Art 16 (public employment), President (Art 58), Vice-President (Art 66), SC/HC judge (Art 124/217), voter registration, MP/MLA/MLC, appointment to public services (Union/State) unless specified by GoI. - Renunciation: OCI cardholder can declare renunciation; ceases to be OCI cardholder. Spouse & minor child also cease. | |
| 8. Fundamental Rights | Features of Fundamental Rights | Characteristics | - Enshrined in Part III (Articles 12-35). - Inspired by USA (Bill of Rights). - Described as ‘Magna Carta of India’. - Long & comprehensive list of ‘justiciable’ rights. - Guaranteed to all persons without discrimination. - Uphold equality, dignity, unity. - Promote political democracy. - Prevent authoritarian/despotic rule, protect liberties/freedoms. - Limitations on executive & legislative tyranny. - Aim: ‘government of laws and not of men’. - Originally 7 rights; Right to Property (Art 31) deleted by 44th Amendment Act (1978), made legal right (Art 300-A, Part XII). - Now 6 rights: Right to Equality (14-18), Right to Freedom (19-22), Right against Exploitation (23-24), Right to Freedom of Religion (25-28), Cultural & Educational Rights (29-30), Right to Constitutional Remedies (32). - Features: 1. Some available only to citizens, others to all persons (citizens, foreigners, legal persons). 2. Not absolute; qualified (subject to reasonable restrictions, decided by courts). Balance between individual & societal rights. 3. Available against state action (some against private individuals). 4. Negative (limit State authority) & positive (confer privileges). 5. Justiciable (enforceable by courts). 6. Defended & guaranteed by Supreme Court (aggrieved can directly approach SC). 7. Not sacrosanct/permanent (can be curtailed/repealed by constitutional amendment, not ordinary act; without affecting ‘basic structure’). - FRs of Foreigners in Table 8.2. |
| Definition of State | Article 12 | - Term ‘State’ used in FR provisions. - Art 12 defines ‘State’ for Part III purposes. - Includes: (a) Government & Parliament of India (executive & legislative organs of Union). (b) Government & legislature of states (executive & legislative organs of state). (c) All local authorities (municipalities, panchayats, district boards, improvement trusts). (d) All other authorities (statutory/non-statutory like LIC, ONGC, SAIL). - Defined in wider sense; includes all its agencies. - Actions of these agencies can be challenged in courts for violating FRs. - Supreme Court: even private body/agency acting as State instrument falls under ‘State’. | |
| Laws Inconsistent with Fundamental Rights | Article 13 | - Art 13 declares laws inconsistent with/in derogation of FRs as void. - Provides for judicial review. - Power conferred on Supreme Court (Art 32) & High Courts (Art 226). - Term ‘law’ in Art 13 has wide connotation: (a) Permanent laws (Parliament/state legislatures). (b) Temporary laws (ordinances by President/state governors). (c) Statutory instruments (delegated legislation: order, bye-law, rule, regulation, notification). (d) Non-legislative sources (custom/usage). - Not only legislation, but any of above can be challenged. - Art 13 declares constitutional amendment not a law (cannot be challenged). - Kesavananda Bharati case (1973): Constitutional amendment can be challenged if it violates ‘basic structure’. | |
| Right to Equality | Equality before Law and Equal Protection of Laws (Article 14) | - State shall not deny equality before law or equal protection of laws within India. - Confers rights on all persons (citizens, foreigners, legal persons). - ‘Equality before law’: British origin. Absence of special privileges, equal subjection to ordinary law, no one above law. - ‘Equal protection of laws’: American origin. Equality of treatment in equal circumstances, similar application of laws to similarly situated persons, like should be treated alike. - Supreme Court: Art 14 does not apply if equals & unequals treated differently. - Classification must be reasonable, not arbitrary/artificial/evasive; based on intelligible differentia & substantial distinction. - ‘Rule of Law’: concept by A.V. Dicey (British jurist). 3 elements: (i) Absence of arbitrary power (no punishment without breach of law). (ii) Equality before law (equal subjection to ordinary law). (iii) Primacy of individual rights (Constitution result of rights defined/enforced by courts). - Indian system: first 2 elements applicable; 3rd not (Constitution is source of rights). - Supreme Court: ‘Rule of Law’ (Art 14) is ‘basic feature’, cannot be destroyed by amendment. - Exceptions to Equality: Constitutional & other exceptions. 1. President & Governors (Art 361): enjoy immunities (not answerable to court for official acts, no criminal proceedings/arrest/imprisonment during term, no civil proceedings for personal acts without 2 months notice). 2. Publication of proceedings (Art 361-A): no civil/criminal proceedings for substantially true report of Parliament/state legislature proceedings. 3. MPs/MLAs (Art 105/194): no liability for anything said/vote given in Parliament/state legislature. 4. Foreign sovereigns, ambassadors, diplomats: immunity from criminal/civil proceedings. 5. UNO & its agencies: diplomatic immunity. 6. Art 31-C: exception to Art 14 (laws implementing Art 39(b)/(c) cannot be challenged for violating Art 14). Supreme Court: ‘where Article 31-C comes in, Article 14 goes out’. | |
| Prohibition of Discrimination on Certain Grounds (Article 15) | - State shall not discriminate against citizens on grounds only of religion, race, caste, sex, place of birth. - ‘Discrimination’: adverse distinction. - ‘Only’: discrimination on other grounds permitted. - No citizen subjected to disability/liability/restriction/condition on these grounds for access to shops, public restaurants, hotels, places of public entertainment, use of wells, tanks, bathing ghats, roads, public resorts. - First provision prohibits State discrimination; second prohibits State & private individuals. - 4 exceptions to non-discrimination: (a) Special provision for women & children (reservation of seats in local bodies, free education). (b) Special provision for socially & educationally backward classes OR SCs/STs (reservation of seats/fee concessions in educational institutions). (c) Special provision for advancement of socially & educationally backward classes OR SCs/STs regarding admission to educational institutions (includes private aided/unaided, except minority). Added by 93rd Amendment Act (2005). (d) Special provision for economically weaker sections (EWSs) (reservation up to 10% of seats/appointments/posts). Added by 103rd Amendment Act (2019). - Provisions of Art 15 summarized in Table 8.3. - Reservation for OBCs in Educational Institutions: Centre enacted Central Educational Institutions (Reservation in Admission) Act, 2006 (27% quota for OBCs). Supreme Court (2008) upheld validity, but directed exclusion of ‘creamy layer’. - Creamy layer categories: Constitutional post holders, Group A/B officers, Army Colonel & above, professionals, traders/industrialists, agricultural land holders above limit, urban property holders. - Reservation for EWSs in Public Employment: GoI issued order (2019) for 10% reservation in civil posts/services. Benefit for EWSs not covered by existing SC/ST/OBC reservations. Eligibility criteria: family income below ₹8 lakh; not owning 5 acres agricultural land, 1000 sq ft flat, 100 sq yards plot (notified municipality), 200 sq yards plot (other areas). Property in different locations clubbed. Family: person, parents, siblings below 18, spouse, children below 18. - Exempted posts from reservation: Scientific/technical posts (Group A, specific qualifications, research/guiding research). | ||
| Equality of Opportunity in Public Employment (Article 16) | - Equality of opportunity for all citizens in matters of employment/appointment under State. - No discrimination on grounds of only religion, race, caste, sex, descent, place of birth, residence. - 4 exceptions: (a) Parliament can prescribe residence as condition for employment in state/UT/local authority (Public Employment (Requirement as to Residence) Act, 1957, expired 1974, except Andhra Pradesh & Telangana). (b) State can provide for reservation of appointments/posts for backward class not adequately represented. (c) State can provide for reservation in promotions (with consequential seniority) for SCs/STs not adequately represented. Added by 77th Amendment Act (1995), modified by 85th Amendment Act (2001). (d) State can consider unfilled reserved vacancies of a year as separate class (not combined with current year vacancies) to determine 50% reservation ceiling. Added by 81st Amendment Act (2000). (e) Law can provide incumbent of religious/denominational institution belongs to that religion/denomination. (f) State can provide for reservation up to 10% of appointments/posts for EWSs. Added by 103rd Amendment Act (2019). - Provisions of Art 16 summarized in Table 8.4. - Mandal Commission (1979): Morarji Desai GoI appointed Second Backward Classes Commission (B.P. Mandal). Report (1980): identified 3743 castes as OBCs, recommended 27% reservation in GoI jobs (total 50% with SC/ST). V.P. Singh GoI declared 27% reservation (1990). Narasimha Rao GoI introduced 2 changes: preference to poorer OBCs (economic criteria), 10% additional reservation for other EWSs. - Indra Sawhney case (1992) (Mandal case): SC upheld 27% OBC reservation (with conditions: exclude creamy layer, no reservation in promotions, 50% ceiling, carry forward rule valid). Invalidated 10% EWS reservation. | ||
| Abolition of Untouchability (Article 17) | - Abolishes ‘untouchability’, forbids its practice. - Enforcement of disability is punishable offence. - Protection of Civil Rights Act, 1955 (renamed 1976): enlarged scope, stringent penal provisions. - Act defines civil right as any right accruing from abolition of untouchability. - ‘Untouchability’ not defined in Constitution/Act; Mysore High Court: ‘practice as it had developed historically in the country’. Refers to social disabilities based on birth in certain castes. - Does not cover social boycott or exclusion from religious services. - People’s Union for Democratic Rights case (1982): SC held Art 17 available against private individuals; State has constitutional obligation to ensure right not violated. | ||
| Abolition of Titles (Article 18) | - Abolishes titles; 4 provisions: (a) Prohibits State from conferring titles (except military/academic distinction). (b) Prohibits citizen from accepting titles from foreign state. (c) Prohibits foreigner holding office of profit/trust under State from accepting titles from foreign state without President’s consent. (d) Prohibits citizen/foreigner holding office of profit/trust under State from accepting present/emolument/office from foreign State without President’s consent. - Bans hereditary titles of nobility (Maharaja, Raj Bahadur, etc.). - Balaji Raghavan case (1995): SC upheld constitutional validity of National Awards (Bharat Ratna, Padma Vibhushan, Padma Bhushan, Padma Sri). Not ‘titles’, only hereditary titles banned. Merit recognized. Awards not to be used as suffixes/prefixes. - National Awards instituted 1954. Janata GoI discontinued 1977, Indira Gandhi GoI revived 1980. - Padma Awards: max 120 per year (excluding Posthumous, NRIs/Foreigners/OCIs). Bharat Ratna: max 3 per year. - Padma Awards announced on Republic Day (except interruptions). | ||
| Right to Freedom | Protection of Six Rights (Article 19) | - Guarantees 6 rights to all citizens: (i) Freedom of speech & expression. (ii) Freedom to assemble peaceably & without arms. (iii) Freedom to form associations/unions/co-operative societies. (iv) Freedom to move freely throughout India. (v) Freedom to reside & settle in any part of India. (vi) Freedom to practice any profession or to carry on any occupation, trade or business. - Originally 7 rights; Right to Property (Art 19(1)(f)) deleted by 44th Amendment Act (1978). - Protected against state action only, not private individuals. - Available to citizens & company shareholders, not foreigners/legal persons. - State can impose ‘reasonable’ restrictions on specified grounds (Art 19 itself, not other grounds). - Rights under Art 19 & grounds of restrictions in Table 8.5. - Freedom of Speech & Expression: includes propagate views, press, commercial advertisements, telephone tapping, telecast, bundh (not right to), know government activities, silence, pre-censorship (not right to), demonstration/picketing (not right to strike), fly national flag, voters know candidates’ antecedents, choose medium of instruction, express gender identity. - Freedom of Assembly: assemble peaceably & without arms. Includes public meetings, demonstrations, processions. Exercised on public land, peaceful, unarmed. Does not protect violent/disorderly/riotous assemblies, or those with arms. - State can impose restrictions on sovereignty/integrity of India, public order. - Criminal Procedure Code (Sec 144): magistrate can restrain assembly if risk to human life/health/safety, or disturbance. - Indian Penal Code (Sec 141): unlawful assembly (5+ persons) if object is to resist law, forcibly occupy property, commit mischief/criminal trespass, force illegal act, threaten government/officials. - Freedom of Association: form associations/unions/co-operative societies. Includes political parties, companies, firms, societies, clubs, trade unions. Includes starting & continuing association. Includes negative right (not to form/join). - State can impose restrictions on sovereignty/integrity of India, public order, morality. - Right to obtain recognition not FR. - Supreme Court: trade unions no guaranteed right to effective bargaining/strike/lock-out. Strike can be controlled by industrial law. - Freedom of Movement: move freely throughout India. Includes internal movement (state to state, within state). Promotes nationalism, avoids parochialism. - State can impose restrictions on general public interest, protection of scheduled tribes’ interests. - Tribal areas restricted to protect culture, customs, vocation, property. - SC: can ban areas for prostitutes/habitual offenders. Bombay HC validated restrictions on AIDS-affected persons. - Freedom of Residence: reside & settle in any part of India. Includes temporary stay & permanent settlement. Removes internal barriers, promotes nationalism, avoids narrow-mindedness. - State can impose restrictions on general public interest, protection of scheduled tribes’ interests. - Right to residence & movement are overlapping, complementary. - Freedom of Profession, etc.: practice any profession, carry on any occupation/trade/business. Covers all means of livelihood. State can impose restrictions on general public interest. - State empowered to: prescribe professional/technical qualifications; carry on trade/business/industry/service itself (monopoly, complete/partial exclusion of citizens). State not required to justify monopoly. - Does not include immoral/dangerous professions (trafficking, harmful drugs, explosives). State can prohibit/regulate through licensing. - Anuradha Bhasin case (2020): SC held freedom to practice profession/trade/business over internet enjoys constitutional protection (Art 19(1)(g)). Restriction must be in consonance with Art 19(6) & proportionality test. Indefinite internet suspension impermissible (Temporary Suspension of Telecom Services Rules, 2017). | |
| Protection in Respect of Conviction for Offences (Article 20) | - Grants protection against arbitrary/excessive punishment to accused (citizen, foreigner, legal person). - 3 provisions: (a) No ex-post-facto law: no conviction/penalty for offence except under law in force at time of act, no greater penalty than prescribed. (b) No double jeopardy: no person prosecuted/punished for same offence more than once. (c) No self-incrimination: no accused compelled to be witness against self. - Ex-post-facto law: imposes penalties retrospectively. Prohibited for criminal laws only, not civil/tax laws. - Protection against double jeopardy available in court/judicial tribunal proceedings, not departmental/administrative authorities. - Protection against self-incrimination extends to oral/documentary evidence, not compulsory production of material objects, thumb impression, specimen signature, blood specimens, body exhibition. Extends to criminal proceedings, not civil. | ||
| Protection of Life and Personal Liberty (Article 21) | - No person deprived of life/personal liberty except according to procedure established by law. - Available to both citizens & non-citizens. - A.K. Gopalan case (1950): SC took narrow interpretation. Protection available only against arbitrary executive action, not arbitrary legislative action. ‘Personal liberty’ meant only physical body liberty. ‘Procedure established by law’ meant state-made law, not natural justice. Led to serious flaw. - Maneka Gandhi case (1978): SC overruled Gopalan; took wider interpretation. ‘Procedure established by law’ means just, fair, reasonable procedure (introduced ‘due process of law’ concept). Protection available against arbitrary executive & legislative action. ‘Right to life’ includes human dignity, meaningful life. ‘Personal liberty’ is of widest amplitude, covers many rights. - Bachan Singh case (1980): SC ruled death penalty provision (IPC Sec 302) not unreasonable, does not violate Art 19/21. Confined death penalty to ‘rarest of rare cases’. - Important cases expanding scope of Art 21 in Table 8.6. - Rights declared as part of Art 21: live with human dignity, decent environment, livelihood, free education (up to 14), free legal aid, solitary confinement (not to), speedy trial, handcuffing (not to), inhuman treatment (not to), delayed execution (not to), travel abroad, bonded labor (not to), custodial harassment (not to), emergency medical aid, timely medical treatment, not driven out of state, fair trial, prisoner necessities, women treated with decency/dignity, public hanging (not to), road in hilly areas, information, reputation, appeal from conviction, family pension, social/economic justice, bar fetters (not to), appropriate life insurance, sleep, noise pollution (not to), sustainable development, opportunity, decent burial/cremation, marry person of choice, die with dignity (passive euthanasia). | ||
| Right to Education (Article 21A) | - Art 21A declares State shall provide free & compulsory education to all children 6-14 years. - Only elementary education is FR, not higher/professional. - Added by 86th Amendment Act (2002); major milestone for ‘Education for All’. - Before this, Art 45 (DP) provided for free/compulsory education (not enforceable). Now judicial intervention possible. - Changed Art 45 (DP) to ‘State shall endeavour to provide early childhood care and education for all children until they complete the age of six years’. - Added new FD (Art 51A(k)): ‘duty of every citizen… to provide opportunities for education to his child or ward between the age of six and fourteen years’. - Unni Krishnan case (1993): SC recognized primary education as FR under Art 21. Held free education until 14 is FR; after that, depends on economic capacity. Private unaided institutions can charge higher fees, but no commercialization. - Parliament enacted Right of Children to Free and Compulsory Education (RTE) Act, 2009 (came into force April 1, 2010). | ||
| Protection Against Arrest and Detention (Article 22) | - Grants protection to persons arrested/detained. - 2 types of detention: Punitive (punish for offence after trial/conviction) & Preventive (detain without trial/conviction to prevent future offence; precautionary, based on suspicion). - Art 22 has 2 parts: 1. Ordinary law: Rights for arrested/detained persons: (i) Informed of grounds of arrest. (ii) Consult & be defended by legal practitioner. (iii) Produced before magistrate within 24 hours (excluding journey time). (iv) Released after 24 hours unless magistrate authorizes further detention. - Safeguards not available to enemy aliens or persons under preventive detention law. - SC: does not cover arrest under court orders, civil arrest, income tax failure, alien deportation. Applies to criminal/quasi-criminal nature or prejudicial to public interest. 2. Preventive detention law: Protection for persons arrested/detained under PD law (available to citizens & aliens): (i) Detention not to exceed 3 months unless advisory board reports sufficient cause. (ii) Grounds of detention communicated (facts against public interest need not be disclosed). (iii) Detenu afforded opportunity to make representation. - Art 22 authorizes Parliament to prescribe: circumstances/classes of cases for PD beyond 3 months (without advisory board); maximum PD period; procedure for advisory board. - 44th Amendment Act (1978) reduced PD period from 3 to 2 months (not yet in force, so 3 months still applies). - Parliament has exclusive authority for PD laws related to defense, foreign affairs, security of India. - Parliament & state legislatures can concurrently make PD laws related to state security, public order, essential supplies/services. - PD laws made by Parliament: Preventive Detention Act 1950 (expired 1969), MISA 1971 (repealed 1978), COFEPOSA 1974, NASA 1980, PBMSECA 1980, TADA 1985 (repealed 1995), PITNDPSA 1988. - Distinction between Art 358 & 359 in Table 17.7. | ||
| Right Against Exploitation | Prohibition of Traffic in Human Beings and Forced Labour (Article 23) | - Prohibits traffic in human beings, begar (forced labor), & similar forms of forced labor. - Contravention is punishable offence. - Available to citizens & non-citizens. - Protects individual against State & private persons. - ‘Traffic in human beings’: selling/buying persons, immoral traffic (prostitution), devadasis, slavery. - Parliament implemented: Immoral Traffic (Prevention) Act, 1956. - ‘Begar’: compulsory work without remuneration (peculiar Indian system, zamindars forced tenants). - ‘Forced labor’: compelling work against will (includes physical/legal force, economic compulsion (working for less than minimum wage)). - Parliament implemented: Bonded Labour System (Abolition) Act, 1976; Minimum Wages Act, 1948; Contract Labour Act, 1970; Equal Remuneration Act, 1976. - Exception: State can impose compulsory service for public purposes (military service, social service) without payment (no discrimination on religion, race, caste, class). | |
| Prohibition of Employment of Children in Factories, etc. (Article 24) | - Prohibits employment of children below 14 years in factory, mine, hazardous activities (construction, railway). - Does not prohibit harmless/innocent work. - Parliament implemented: Child Labour (Prohibition and Regulation) Act, 1986 (renamed Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, 2016). - Other laws: Employment of Children Act 1938, Factories Act 1948, Mines Act 1952, Merchant Shipping Act 1958, Plantation Labour Act 1951, Motor Transport Workers Act 1951, Apprentices Act 1961, Bidi and Cigar Workers Act 1966. - Supreme Court (1996): directed establishment of Child Labour Rehabilitation Welfare Fund (offending employer deposits ₹20,000 per child). Directions for education, health, nutrition. - Commissions for Protection of Child Rights Act, 2005: established National Commission & State Commissions. | ||
| Right to Freedom of Religion | Freedom of Conscience and Free Profession, Practice and Propagation of Religion (Article 25) | - All persons equally entitled to freedom of conscience, right to freely profess, practice, propagate religion. - Implications: (a) Freedom of conscience: inner freedom to mould relation with God. (b) Right to profess: declare beliefs openly. (c) Right to practice: perform worship, rituals, ceremonies. (d) Right to propagate: transmit/disseminate beliefs to others (not right to convert by force). - Covers religious beliefs & practices. - Available to citizens & non-citizens. - Subject to public order, morality, health, & other FR provisions. - State permitted to: regulate/restrict economic/financial/political/secular activity associated with religion; provide for social welfare/reform/throw open Hindu religious institutions to all classes/sections of Hindus. - Two explanations: wearing/carrying of kirpans included in Sikh religion; Hindus include Sikhs, Jains, Buddhists. - ‘In this clause, the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina and Buddhist religion and the reference to Hindu religious institutions shall be construed accordingly (Article 25)‘ | |
| Freedom to Manage Religious Affairs (Article 26) | - Every religious denomination/section has following rights: (a) Establish & maintain institutions for religious/charitable purposes. (b) Manage own affairs in matters of religion. (c) Own & acquire movable/immovable property. (d) Administer property according to law. - Art 25: rights of individuals; Art 26: rights of religious denominations. - Subject to public order, morality, health (not other FR provisions). | ||
| Freedom from Taxation for Promotion of a Religion (Article 27) | - No person compelled to pay taxes for promotion/maintenance of any particular religion/denomination. - State prohibited from favoring/patronizing/supporting one religion. - Taxes can be used for all religions. - Prohibits tax levy, not fee (fee for control of secular administration of religious institutions, not promotion). | ||
| Freedom from Attending Religious Instruction (Article 28) | - No religious instruction in state-maintained educational institutions. - Exception: not apply to institutions administered by State but established under endowment/trust (religious instruction permitted). - No person attending state-recognized/aided institution required to attend religious instruction/worship without consent (minor: guardian’s consent). - Distinguishes 4 types of institutions: (a) Wholly state-maintained: religious instruction completely prohibited. (b) State-administered, endowment/trust established: religious instruction permitted. (c) State-recognized: religious instruction permitted on voluntary basis. (d) State-aided: religious instruction permitted on voluntary basis. - Supreme Court: religious denomination must satisfy 3 conditions: collection of individuals with system of beliefs conducive to spiritual well-being; common organization; distinctive name. ‘Ramakrishna Mission’ & ‘Ananda Marga’ are Hindu denominations; ‘Aurobindo Society’ not religious denomination. | ||
| Cultural and Educational Rights | Protection of Interests of Minorities (Article 29) | - Any section of citizens (minority/majority) with distinct language/script/culture has right to conserve it. - No citizen denied admission to state-maintained/aided educational institution on grounds only of religion, race, caste, language. - First provision protects group right; second protects individual right. - Grants protection to religious & linguistic minorities. - Supreme Court: scope not restricted to minorities only (‘section of citizens’ includes majority). - Right to conserve language includes right to agitate for its protection. - Political speeches/promises for language conservation not corrupt practice (Representation of People Act, 1951). | |
| Right of Minorities to Establish and Administer Educational Institutions (Article 30) | - All minorities (religious/linguistic) have right to establish & administer educational institutions of their choice. - Compensation for compulsory acquisition of minority educational institution property not to restrict/abrogate right. Added by 44th Amendment Act (1978). - In granting aid, State not to discriminate against minority institutions. - Protection confined to minorities (religious/linguistic), not other citizens. - ‘Minority’ not defined in Constitution. - Includes right to impart education in own language. - 3 types of minority educational institutions: (a) Seek recognition & aid from State. (b) Seek only recognition from State. (c) Seek neither recognition nor aid from State. - First 2 types: subject to State regulatory power (syllabus, academic standards, discipline, sanitation, employment of staff). - Third type: free to administer affairs, subject to general laws (contract, labor, industrial, tax, economic regulations). - Secretary of Malankara Syrian Catholic College case (2006): SC summarized principles for minority educational institutions: 1. Right to establish/administer includes: choose governing body; appoint teaching/non-teaching staff, take action for dereliction of duty; admit eligible students, set reasonable fee structure; use properties/assets for institution benefit. 2. Right under Art 30 ensures equality with majority, not advantage/reverse discrimination. General laws apply. 3. Right not absolute. | ||
| Right to Constitutional Remedies | Article 32 | - Mere declaration of FRs meaningless without enforcement machinery. - Art 32 confers right to remedies for enforcement of FRs. - FR to get FRs protected is itself a FR. - Makes FRs real. - Dr. Ambedkar: ‘most important article… without which this constitution would be a nullity… very soul… very heart’. - Supreme Court: Art 32 is ‘basic feature’, cannot be abridged/taken away by amendment. - 4 provisions: (a) Right to move SC by appropriate proceedings for FR enforcement guaranteed. (b) SC has power to issue directions/orders/writs (habeas corpus, mandamus, prohibition, certiorari, quo-warranto) for FR enforcement. (c) Parliament can empower other courts to issue directions/orders/writs (without prejudice to SC powers). ‘Other court’ does not include High Courts (Art 226 already confers powers). (d) Right to move SC not suspended except as otherwise provided by Constitution (Art 359: President can suspend during National Emergency). - SC is defender & guarantor of FRs. - SC has ‘original’ (aggrieved can directly approach) & ‘wide’ (not restricted to orders/directions, includes all writs) powers. - Purpose: guaranteed, effective, expeditious, inexpensive, summary remedy for FR protection. - Only FRs enforced under Art 32, not non-FRs/statutory/customary rights. - Violation of FR is sine qua non for Art 32 exercise. - SC’s jurisdiction is original but not exclusive (concurrent with HC under Art 226). - SC’s writ jurisdiction narrower than HC (HC can issue writs for FRs & other purposes). - SC’s territorial jurisdiction wider than HC (SC: throughout India; HC: within its territorial jurisdiction or where cause of action arises). - Remedy under Art 32 is FR, so SC cannot refuse jurisdiction. - However, SC ruled aggrieved party should first move HC if relief available under Art 226. | |
| Writs-Types and Scope | - SC (Art 32) & HCs (Art 226) can issue writs (HCs can issue writs for FRs & other purposes). - Before 1950, only Calcutta, Bombay, Madras HCs had writ power. Art 226 now empowers all HCs. - Writs borrowed from English law (‘prerogative writs’). - SC’s writ jurisdiction differs from HC: 1. Purpose: SC only for FR enforcement; HC for FRs & ordinary legal rights. 2. Territorial jurisdiction: SC throughout India; HC within its territorial jurisdiction or where cause of action arises. 3. Remedy: Art 32 remedy is FR (SC cannot refuse); Art 226 remedy is discretionary (HC can refuse). - Habeas Corpus: Latin ‘to have the body of’. Order to produce detained person. Court examines cause/legality of detention. Releases if illegal. Bulwark of individual liberty. Against public authorities & private individuals. Not issued if detention lawful, for contempt of legislature/court, by competent court, outside court jurisdiction. - Mandamus: Latin ‘we command’. Order to public official to perform official duties failed/refused. Against public body, corporation, inferior court, tribunal, government. Not issued against private individual/body, to enforce non-statutory departmental instruction, for discretionary duty, contractual obligation, against President/Governor, against CJ of HC acting judicially. - Prohibition: Latin ‘to forbid’. Higher court to lower court/tribunal to prevent exceeding/usurping jurisdiction. Directs inactivity. Against judicial & quasi-judicial authorities only. Not available against administrative authorities, legislative bodies, private individuals. - Certiorari: Latin ‘to be certified’ or ‘to be informed’. Higher court to lower court/tribunal to quash order. Grounds: excess/lack of jurisdiction. Judicial writ. Issued after final order. Against judicial & quasi-judicial authorities only. Not available against administrative authorities, legislative bodies, private individuals. - Quo-Warranto: Latin ‘by what authority or warrant’. Enquire legality of person’s claim to public office. Prevents illegal usurpation of public office. Issued for substantive public office (permanent, statutory), not ministerial/private office. Sought by any public-minded person, not necessarily aggrieved. | ||
| Armed Forces and Fundamental Rights | Article 33 | - Empowers Parliament to restrict/abrogate FRs of armed forces, para-military forces, police forces, intelligence agencies, analogous forces. - Objective: ensure proper discharge of duties, maintenance of discipline. - Power to make laws under Art 33 conferred only on Parliament, not state legislatures. - Law made under Art 33 cannot be challenged for FR contravention. - Parliament enacted: Army Act 1950, Navy Act 1950, Air Force Act 1950, Police Forces (Restriction of Rights) Act 1966, Border Security Force Act. - Impose restrictions on freedom of speech, association, trade unions, political associations, press communication, public meetings, demonstrations. - ‘Members of armed forces’ includes barbers, carpenters, mechanics, cooks, chowkidars, bootmakers, tailors (non-combatants). - Parliamentary law under Art 33 can exclude court martial from writ jurisdiction of SC/HC. | |
| Martial Law and Fundamental Rights | Article 34 | - Provides for restrictions on FRs while martial law in force in any area. - Empowers Parliament to indemnify government servant/person for acts done in connection with maintenance/restoration of order where martial law in force. - Parliament can validate sentence/punishment/forfeiture/other acts under martial law. - Act of Indemnity cannot be challenged for FR contravention. - ‘Martial law’ not defined in Constitution. Means ‘military rule’. Civil administration run by military authorities (own rules/regulations). Implies suspension of ordinary law, government by military tribunals. - Different from military law (applicable to armed forces). - No specific/express provision in Constitution authorizes executive to declare martial law. Implicit in Art 34. - Imposed under extraordinary circumstances (war, invasion, insurrection, rebellion, riot, violent resistance). Justification: repel force by force. - Military authorities vested with abnormal powers (take necessary steps, impose restrictions, punish civilians, condemn to death). - SC: declaration of martial law does not ipso facto suspend writ of habeas corpus. - Distinction between Martial Law & National Emergency in Table 8.7. | |
| Effecting Certain Fundamental Rights | Article 35 | - Power to make laws to give effect to specified FRs vested only in Parliament, not state legislatures. - Ensures uniformity nationwide for nature of FRs & punishment for infringement. - Contains following provisions: (a) Parliament has power to make laws for: prescribing residence as condition for employment (Art 16); empowering courts (other than SC/HC) to issue directions/orders/writs for FR enforcement (Art 32); restricting/abrogating FRs of armed forces (Art 33); indemnifying government servant/person for acts under martial law (Art 34). (b) Parliament has power to make laws for prescribing punishment for offences declared under FRs (Untouchability (Art 17), Traffic in human beings/forced labor (Art 23)). Obligatory for Parliament to enact. (c) Any law in force at Constitution commencement related to Art 35 continues until altered/repealed by Parliament. - Art 35 extends Parliament’s competence to make laws on these matters, even if they fall within state legislatures’ sphere. | |
| Present Position of Right to Property | Evolution & Current Status | - Originally one of 7 FRs (Art 19(1)(f) & Art 31). - Art 19(1)(f): guaranteed right to acquire, hold, dispose property. - Art 31: guaranteed right against deprivation of property (except by law), provided for public purpose & compensation. - Most controversial FR; caused confrontations between SC & Parliament. - Led to many Constitutional amendments (1st, 4th, 7th, 25th, 39th, 40th, 42nd). - Amendments aimed to nullify SC judgments & protect laws from FR challenge. - Litigation centered on State’s obligation to pay compensation. - 44th Amendment Act (1978): abolished right to property as FR (repealed Art 19(1)(f) & Art 31 from Part III). - Inserted new Article 300A in Part XII under heading ‘Right to Property’. - Current status: legal right or constitutional right, no longer FR. - Not part of basic structure. - Implications as legal right: (a) Can be regulated/curtailed/abridged by ordinary law of Parliament (no constitutional amendment needed). (b) Protects private property against executive action, not legislative action. (c) Aggrieved person cannot directly move SC under Art 32; can move HC under Art 226 or ordinary suit. (d) No guaranteed right to compensation for acquisition/requisition. - Exceptions where compensation must be paid: (a) State acquires property of minority educational institution (Art 30). (b) State acquires land held by person under personal cultivation & within statutory ceiling limits (Art 31A). - First provision added by 44th Amendment Act (1978); second by 17th Amendment Act (1964). - Art 31A, 31B, 31C retained as exceptions to FRs. | |
| Exceptions to Fundamental Rights | Saving of Laws Providing for Acquisition of Estates, etc. (Article 31A) | - Art 31A (added by 1st Amendment 1951, amended 4th, 17th, 44th) saves 5 categories of laws from challenge/invalidation on grounds of violating Art 14/19. - Related to agricultural land reforms, industry, commerce: (a) Acquisition of estates & related rights by State. (b) Taking over management of properties by State. (c) Amalgamation of corporations. (d) Extinguishment/modification of rights of directors/shareholders of corporations. (e) Extinguishment/modification of mining leases. - State law not immune from judicial review unless reserved for President’s consideration & received assent. - Provides for compensation at market value for land under personal cultivation & within ceiling limits. - ‘Estate’: includes jagir, inam, muaft, janmam right, land for agricultural purposes. | |
| Validation of Certain Acts and Regulations (Article 31B) | - Art 31B (added by 1st Amendment 1951) saves acts/regulations in Ninth Schedule from challenge/invalidation on grounds of FR contravention. - Wider scope than Art 31A. - Immunizes laws from all FRs, whether or not they fall under 5 categories of Art 31A. - Kesavananda Bharati case (1973): SC ruled laws in Ninth Schedule are open to challenge if they violate ‘basic structure’. - Waman Rao case (1980): SC clarified laws added to Ninth Schedule after April 24, 1973 (date of Kesavananda Bharati judgment) are valid only if they don’t damage basic structure. - I.R. Coelho case (2007): SC reaffirmed no blanket immunity from judicial review. Judicial review is ‘basic feature’. Laws placed under Ninth Schedule after April 24, 1973, open to challenge if violate Art 14, 15, 19, 21 or basic structure. - Originally 13 acts/regulations in Ninth Schedule (1951); presently 282. - Acts/Regulations included in Ninth Schedule in Table 27.1. | ||
| Saving of Laws Giving Effect to Certain Directive Principles (Article 31C) | - Art 31C (inserted by 25th Amendment Act 1971) contains 2 provisions: (a) No law seeking to implement socialistic DPs (Art 39(b) or 39(c)) shall be void for contravening Art 14/19/31. (b) No law containing declaration for implementing such policy shall be questioned in court for not giving effect to policy. - Kesavananda Bharati case (1973): SC declared (b) unconstitutional (judicial review is basic feature). Upheld (a) as constitutional. - 42nd Amendment Act (1976): extended scope of (a) to include any DP in Part IV (not just Art 39(b)/(c)). Declared unconstitutional by Minerva Mills case (1980). - Minerva Mills case (1980): SC held 42nd Amendment’s extension of Art 31C unconstitutional. DPs again subordinate to FRs. But Art 14 & 19 subordinate to DPs in Art 39(b)/(c). Art 31 (property) omitted by 44th Amendment. - Minerva Mills case: ‘Indian Constitution founded on bedrock of balance between Fundamental Rights and Directive Principles. They together constitute the core of commitment to social revolution. They are like two wheels of a chariot, one no less than the other’. - Present position: FRs supremacy over DPs. Parliament can amend FRs for DPs, if it doesn’t damage basic structure. | ||
| Criticism of Fundamental Rights | Excessive Limitations | - Subjected to innumerable exceptions, restrictions, qualifications, explanations. - Critics: grant FRs with one hand, take away with other. - Jaspat Roy Kapoor: ‘chapter should be renamed as ‘Limitations on Fundamental Rights’ or ‘Fundamental Rights and Limitations Thereon”. | |
| No Social and Economic Rights | - List not comprehensive; mainly political rights. - Missing: social security, work, employment, rest, leisure. - Unlike advanced democratic countries (USSR, China). | ||
| No Clarity | - Vague, indefinite, ambiguous. - Phrases like ‘public order’, ‘minorities’, ‘reasonable restriction’, ‘public interest’ not clearly defined. - Complicated language, beyond common man’s comprehension. - Critics: ‘Constitution made by lawyers for lawyers’. - Sir Ivor Jennings: ‘paradise for lawyers’. | ||
| No Permanency | - Not sacrosanct/immutable; Parliament can curtail/abolish (e.g., abolition of right to property 1978). - Play tool in hands of majority party. - ‘Doctrine of basic structure’: only limitation on Parliament’s authority. | ||
| Suspension During Emergency | - Suspension of enforcement during National Emergency (except Art 20 & 21) is blot on efficacy. - Cuts at roots of democratic system; places millions’ rights in jeopardy. - Critics: FRs should be enjoyable in all situations. | ||
| Expensive Remedy | - Judiciary responsible for defending/protecting rights. - Judicial process expensive, hinders common man. - Critics: rights benefit mainly rich section. | ||
| Preventive Detention | - Provision for PD (Art 22) takes away spirit/substance of FRs chapter. - Confers arbitrary powers on State, negates individual liberty. - Justifies criticism: Constitution deals more with State’s rights against individual than individual’s rights against State. - No democratic country has PD as integral part of Constitution. - Sir Ivor Jennings: ‘thread of nineteenth century liberalism… relics of bitter experience… complex formulae’. | ||
| No Consistent Philosophy | - Not product of philosophical principle. - Sir Ivor Jennings: ‘based on no consistent philosophy’. - Creates difficulty for SC/HC in interpreting FRs. | ||
| Rights Outside Part III | Constitutional/Legal/Non-Fundamental Rights | - Besides FRs in Part III, other rights in other Parts of Constitution. - Known as constitutional rights, legal rights, non-fundamental rights. - Examples: 1. No tax levied/collected except by authority of law (Art 265, Part XII). 2. No person deprived of property save by authority of law (Art 300-A, Part XII). 3. Trade, commerce, intercourse throughout India shall be free (Art 301, Part XIII). 4. Elections to Lok Sabha & state legislative assembly on basis of adult suffrage (Art 326, Part XV). - Justiciable, but different from FRs. - Violation of FR: aggrieved can directly move SC (Art 32, itself a FR). - Violation of other rights: aggrieved cannot use Art 32; can move HC (Art 226) or ordinary suit. - Articles related to Fundamental Rights in Table 8.8. | |
| 9. Directive Principles of State Policy | Features of the Directive Principles | Characteristics | - Phrase ‘Directive Principles of State Policy’ denotes ideals for State policy/laws. - Constitutional instructions/recommendations to State in legislative, executive, administrative matters. - Article 36: ‘State’ in Part IV has same meaning as Part III (includes central/state legislative/executive organs, local authorities, other public authorities). - Resemble ‘Instrument of Instructions’ (GoI Act 1935). - Dr. B.R. Ambedkar: ‘like the instrument of instructions… instructions to the legislature and the executive’. - Comprehensive economic, social, political programme for modern democratic State. - Aim: realize high ideals of justice, liberty, equality, fraternity (Preamble). - Embody ‘welfare state’ concept (not ‘police state’). - Aim: establish economic & social democracy. - Non-justiciable (not legally enforceable). - Constitution (Art 37) states ‘fundamental in governance’, duty of State to apply. - Help courts examine/determine constitutional validity of laws (law giving effect to DP may be ‘reasonable’ in relation to Art 14/19, thus saving it from unconstitutionality). - Minerva Mills case (1980): ‘Indian Constitution founded on bedrock of balance between Fundamental Rights and Directive Principles’. |
| Classification of the Directive Principles | Socialistic Principles | - Reflect socialism ideology. - Framework of democratic socialist state, aim for social/economic justice, path to welfare state. - Direct the State to: 1. Promote welfare by securing social order permeated by justice (social, economic, political), minimize inequalities in income, status, facilities, opportunities (Art 38). (Second aspect added by 44th Amendment Act 1978). 2. Secure: right to adequate livelihood for all; equitable distribution of material resources for common good; prevention of wealth/production means concentration; equal pay for equal work (men/women); preservation of workers/children health/strength against forcible abuse; opportunities for healthy development of children/protection of childhood/youth against exploitation/abandonment (Art 39). (First aspect of point (f) added by 42nd Amendment Act 1976). 3. Promote equal justice, provide free legal aid to poor (Art 39A). (Added by 42nd Amendment Act 1976). 4. Secure right to work, education, public assistance in unemployment, old age, sickness, disablement (Art 41). 5. Make provision for just/humane work conditions, maternity relief (Art 42). 6. Secure living wage, decent standard of life, social/cultural opportunities for workers (Art 43). 7. Take steps to secure workers’ participation in industry management (Art 43A). (Added by 42nd Amendment Act 1976). 8. Raise nutrition/living standard, improve public health (Art 47). | |
| Gandhian Principles | - Based on Gandhian ideology; represent national movement reconstruction program. - Direct the State to: 1. Organize village panchayats, endow with powers/authority as self-government units (Art 40). 2. Promote cottage industries on individual/co-operation basis in rural areas (Art 43). 3. Promote voluntary formation, autonomous functioning, democratic control, professional management of co-operative societies (Art 43B). (Added by 97th Amendment Act 2011). 4. Promote educational/economic interests of SCs/STs/other weaker sections, protect from social injustice/exploitation (Art 46). 5. Prohibit consumption of intoxicating drinks/drugs injurious to health (Art 47). 6. Prohibit slaughter of cows, calves, other milch/draught cattle, improve breeds (Art 48). | ||
| Liberal-Intellectual Principles | - Represent liberalism ideology. - Direct the State to: 1. Secure uniform civil code for all citizens throughout India (Art 44). 2. Provide early childhood care & education for all children until 6 years (Art 45). (Changed by 86th Amendment Act 2002). 3. Organize agriculture & animal husbandry on modern/scientific lines (Art 48). 4. Protect & improve environment, safeguard forests/wildlife (Art 48A). (Added by 42nd Amendment Act 1976). 5. Protect monuments, places, objects of artistic/historic interest declared national importance (Art 49). 6. Separate judiciary from executive in public services (Art 50). 7. Promote international peace/security, maintain just/honorable relations, foster respect for international law/treaty obligations, encourage settlement of international disputes by arbitration (Art 51). | ||
| New Directive Principles | Added by Amendments | - 42nd Amendment Act (1976) added 4 new DPs: 1. Secure opportunities for healthy development of children (Art 39). 2. Promote equal justice & provide free legal aid to poor (Art 39A). 3. Take steps to secure workers’ participation in industry management (Art 43A). 4. Protect & improve environment, safeguard forests/wildlife (Art 48A). - 44th Amendment Act (1978) added one more DP: 1. Minimize inequalities in income, status, facilities, opportunities (Art 38). - 86th Amendment Act (2002) changed subject matter of Art 45: 1. State to provide early childhood care & education for all children until 6 years. - 97th Amendment Act (2011) added new DP: 1. Promote voluntary formation, autonomous functioning, democratic control, professional management of co-operative societies (Art 43B). | |
| Sanction Behind Directive Principles | Political Sanction | - B.N. Rau (Constitutional Advisor) recommended dividing rights into justiciable & non-justiciable (accepted by Drafting Committee). FRs in Part III, DPs in Part IV. - DPs are non-justiciable, non-enforceable. - Art 37: DPs ‘fundamental in governance’, duty of State to apply. - Impose moral obligation on state authorities; real force is political (public opinion). - Alladi Krishna Swamy Ayyar: ‘no ministry responsible to the people can afford light-heartedly to ignore the provisions in Part IV’. - Dr. B.R. Ambedkar: ‘government which rests on popular vote can hardly ignore the Directive Principles’. - Framers made DPs non-justiciable/non-enforceable because: 1. Country lacked sufficient financial resources. 2. Vast diversity & backwardness would hinder implementation. 3. Newly born independent State had many preoccupations. - Framers took pragmatic view, believed in public opinion as sanction. - Distinction between Fundamental Rights and Directive Principles in Table 9.1. | |
| Criticism of the Directive Principles | No Legal Force | - Main criticism: non-justiciable character. - K.T. Shah: ‘pious superfluities’, ‘cheque on a bank, payable only when the resources of the bank permit’. - Nasiruddin: ‘no better than the new year’s resolutions’. - T.T. Krishnamachari: ‘veritable dustbin of sentiments’. - K.C. Wheare: ‘manifesto of aims and aspirations’, ‘moral homily’. - Sir Ivor Jennings: ‘pious aspirations’. | |
| Illogically Arranged | - Not arranged logically, no consistent philosophy. - N. Srinivasan: ‘neither properly classified nor logically arranged… mixes up unimportant issues with vital economic and social questions’. - Sir Ivor Jennings: ‘no consistent philosophy’. | ||
| Conservative | - Sir Ivor Jennings: based on 19th century England political philosophy. ‘Ghosts of Sydney Webb and Beatrice Webb stalk through the pages… expresses Fabian Socialism without the socialism’. ‘Deemed suitable in India in mid-20th century… quite probable outmoded for 21st century’. | ||
| Constitutional Conflict | - K. Santhanam: DPs lead to constitutional conflict: (a) Between Centre & states (Centre can dismiss state government for non-compliance). (b) Between President & Prime Minister (President can reject bill violating DPs). (c) Between governor & chief minister. - Same conflict may occur between governor & chief minister. | ||
| Utility of Directive Principles | Importance | - Despite criticisms, not unnecessary. - Constitution declares them fundamental in governance. - L.M. Singhvi: ‘life giving provisions… constitute the stuff of the Constitution and its philosophy of social justice’. - M.C. Chagla: ‘if all these principles are fully carried out, our country would indeed be a heaven on earth’. - Dr. B.R. Ambedkar: DPs have great value, lay down goal of ‘economic democracy’. - Granville Austin: ‘aimed at furthering the goals of the social revolution’. - B.N. Rau: ‘moral precepts for the authorities… educational value’. - M.C. Setalvad: significant & useful: 1. Like ‘Instrument of Instructions’ or general recommendations; remind authorities of basic principles. 2. Useful beacon-lights to courts; help judicial review (determine constitutional validity of law). 3. Form dominating background for State action; guide courts. 4. Amplify Preamble (secure justice, liberty, equality, fraternity). - Also: 1. Facilitate stability/continuity in domestic/foreign policies. 2. Supplementary to FRs (fill vacuum for social/economic rights). 3. Implementation creates favorable atmosphere for FR enjoyment (political democracy meaningless without economic democracy). 4. Enable opposition to influence/control government (blame ruling party for opposing DPs). 5. Crucial test for government performance (people examine policies). 6. Serve as common political manifesto (P.B. Gajendragadker: ‘ruling party… has to recognise… principles are guide, philosopher and friend’). | |
| Implementation of Directive Principles | Measures Taken | - Since 1950, successive governments (Centre & states) made laws/programs. 1. Planning Commission (1950) (now NITI Aayog, 2015): aimed for socio-economic justice, reducing inequalities. 2. Land reform laws: abolition of intermediaries (zamindars, jagirdars, inamdars), tenancy reforms (security of tenure, fair rents), ceilings on land holdings, distribution of surplus land, co-operative farming. 3. Labor laws: Minimum Wages Act 1948, Payment of Wages Act 1936, Payment of Bonus Act 1965, Contract Labour Regulation and Abolition Act 1970, Child Labour Prohibition and Regulation Act 1986 (renamed Child and Adolescent Labour Prohibition and Regulation Act 1986, 2016), Bonded Labour System Abolition Act 1976, Trade Unions Act 1926, Factories Act 1948, Mines Act 1952, Industrial Disputes Act 1947, Workmen’s Compensation Act 1923. 4. Women workers: Maternity Benefit Act 1961, Equal Remuneration Act 1976. 5. Financial resources: nationalization of life insurance (1956), 14 commercial banks (1969), general insurance (1971), abolition of Privy Purses (1971). 6. Legal Services Authorities Act (1987): nation-wide network for free/competent legal aid, Lok Adalat (statutory forum for conciliatory settlement, civil court status, enforceable awards). 7. Cottage industries: Khadi & Village Industries Board, Khadi & Village Industries Commission, Small-Scale Industries Board, National Small Industries Corporation, Handloom Board, Handicrafts Board, Coir Board, Silk Board. 8. Rural development: Community Development Programme 1952, Hill Area Development Programme 1960, Drought-Prone Area Programme 1973, Minimum Needs Programme 1974, Integrated Rural Development Programme 1978, Jawahar Rozgar Yojana 1989, Swarnajayanti Gram Swarozgar Yojana 1999, Sampoorna Grameena Rozgar Yojana 2001, National Rural Employment Guarantee Programme 2006. 9. Environment: Wildlife (Protection) Act 1972, Forest (Conservation) Act 1980, Water Act, Air Act, Central & State Pollution Control Boards, National Forest Policy 1988. 10. Agriculture/Animal Husbandry: Modernization, improved inputs, scientific lines. 11. Panchayati Raj: Three-tier system (village, taluka, zila). 73rd Amendment Act (1992) gave constitutional status. 12. Weaker sections: Seats reserved for SCs/STs, other weaker sections in educational institutions, government services, representative bodies. Untouchability (Offences) Act 1955 (renamed Protection of Civil Rights Act 1976), Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act 1989. 13. National Commissions: National Commission for Backward Classes (1993), National Commission for Minorities (1993), National Commission for Women (1992), National Commission for Protection of Child Rights (2007). 102nd Amendment Act (2018) gave constitutional status to NCBC. 14. EWSs reservation (2019): 10% reservation in GoI civil posts/services (103rd Amendment Act 2019). 15. Judiciary separation: Criminal Procedure Code (1973) separated judiciary from executive. - Despite steps, DPs not fully implemented due to: inadequate financial resources, unfavorable socio-economic conditions, population explosion, strained Centre-state relations. | |
| Directives Outside Part IV | Other Directives | - Besides Part IV, some DPs in other Parts of Constitution. - Non-justiciable, but given equal importance by judiciary. - All parts of Constitution must be read together. - Examples: 1. Claims of SCs & STs to Services (Art 335, Part XVI): claims to be considered for appointments (consistent with efficiency). 2. Instruction in mother tongue (Art 350-A, Part XVII): State/local authority to provide adequate facilities for primary education to linguistic minority children. 3. Development of Hindi Language (Art 351, Part XVII): Union’s duty to promote spread/development of Hindi as medium of composite culture. - Articles related to Directive Principles of State Policy in Table 9.2. | |
| 10. Fundamental Duties | Swaran Singh Committee Recommendations | Background & Proposals | - Original Constitution had no FDs for citizens. - FDs added during internal emergency (1975-77). - Swaran Singh Committee (1976) set up by Congress Party to recommend FDs. - Committee recommended separate chapter on FDs. - Stressed citizens’ consciousness of duties. - Congress GoI accepted recommendations; enacted 42nd Constitutional Amendment Act (1976). - Added new Part IVA (Article 51A) to Constitution. - Specified code of 10 FDs. - Congress GoI claimed non-inclusion of FDs was historical mistake. - Committee suggested 8 FDs, but 10 included. - Committee recommendations not accepted by Congress GoI: 1. Parliament may provide penalty/punishment for non-compliance/refusal to observe duties. 2. Law imposing penalty/punishment not to be questioned in court for FR infringement or repugnancy. 3. Duty to pay taxes should be a FD. |
| List of Fundamental Duties | Article 51A | - 11 FDs in Art 51A: (a) Abide by Constitution, respect its ideals/institutions, National Flag, National Anthem. (b) Cherish & follow noble ideals of freedom struggle. (c) Uphold & protect sovereignty, unity, integrity of India. (d) Defend country & render national service when called upon. (e) Promote harmony, spirit of common brotherhood (transcending religious, linguistic, regional, sectional diversities), renounce derogatory practices against women. (f) Value & preserve rich heritage of composite culture. (g) Protect & improve natural environment (forests, lakes, rivers, wildlife), have compassion for living creatures. (h) Develop scientific temper, humanism, spirit of inquiry, reform. (i) Safeguard public property & abjure violence. (j) Strive towards excellence in all spheres of individual & collective activity (nation constantly rises). (k) Provide opportunities for education to child/ward 6-14 years. (Added by 86th Amendment Act, 2002). | |
| Features of the Fundamental Duties | Characteristics | - Some are moral duties, others civic duties. - Refer to values part of Indian tradition/mythology/religions/practices. - Essentially codification of tasks integral to Indian way of life. - Confined to citizens only, not foreigners. - Like Directive Principles, non-justiciable (not directly enforceable by courts). - No legal sanction against violation. - Parliament free to enforce by suitable legislation. | |
| Criticism of Fundamental Duties | Arguments Against | - List not exhaustive (missing vote, taxes, family planning). Duty to pay taxes recommended by Swaran Singh Committee. - Vague, ambiguous, difficult to understand (‘noble ideals’, ‘composite culture’, ‘scientific temper’). - Described as code of moral precepts due to non-justiciable character. - Inclusion described as superfluous (duties would be performed anyway). - Inclusion as appendage to Part IV reduced value/significance. Should have been added after Part III. - D.O. Chawla: ‘duties may be spelt out in a more concrete form, one is left guessing the noble ideals’. - C.K. Daphtary: ‘more than 99.9 per cent of the citizens were law-abiding and there was no need to tell them about their duties’. - A.K. Sen: ‘democratic set-up… reduced to the position of a harsh school master’. | |
| Significance of Fundamental Duties | Importance | - Despite criticisms, significant. - Reminder to citizens of duties while enjoying rights. - Warning against anti-national/anti-social activities (burning national flag, destroying public property). - Source of inspiration; promote discipline & commitment. - Create feeling of active participation in national goals. - Help courts examine/determine constitutional validity of law. - Mohan Kumar Singhania case (1991): Art 51A can interpret ambiguous laws. - Ram/lila Maidan Incident case (2012): common thread through Parts III, IV, IVA. - H.R. Gokhale: inclusion helps sober restless spirits. - Indira Gandhi: inclusion strengthens democracy. - Opposition initially opposed, but eventual consensus on necessity/desirability. | |
| Verma Committee Observations | Legal Provisions for FDs | - Verma Committee on Fundamental Duties of the Citizens (1999) identified existing legal provisions for FD implementation: 1. Prevention of Insults to National Honour Act (1971): prevents disrespect to Constitution, National Flag, National Anthem. 2. Criminal laws: punish enmity between groups (language, race, place of birth, religion). 3. Protection of Civil Rights Act (1955): punishments for caste/religion-related offences. 4. Indian Penal Code (IPC): imputations/assertions prejudicial to national integration are punishable. 5. Unlawful Activities (Prevention) Act (1967): communal organization declared unlawful. 6. Representation of People Act (1951): disqualifies MPs/MLAs for corrupt practice (soliciting votes on religion, promoting enmity on caste, race, language, religion). 7. Wildlife (Protection) Act (1972): prohibits trade in rare/endangered species. 8. Forest (Conservation) Act (1980): checks indiscriminate deforestation/diversion of forest land. | |
| 11. Amendment of the Constitution | Procedure for Amendment | Article 368 | - Constitution provides for amendment to adjust to changing conditions. - Neither as easy as Britain nor as difficult as USA; synthesis of both. - Part XX (Article 368) deals with Parliament’s power to amend & procedure. - Parliament can amend by addition, variation, repeal. - Cannot amend ‘basic structure’ (Kesavananda Bharati case (1973)). - Procedure: 1. Initiative: Bill introduced in either House of Parliament (not state legislatures). 2. Introduction: By minister or private member (no prior President permission needed). 3. Passage in each House: By special majority (majority of total membership + 2/3 majority of members present & voting). 4. Joint sitting: No provision for disagreement between Houses. 5. Federal provisions: If bill seeks to amend federal provisions, must be ratified by legislatures of half of states by simple majority. 6. Presidential assent: Bill presented to President for assent. President must give assent (cannot withhold or return for reconsideration). (24th Constitutional Amendment Act 1971 made it obligatory). 7. Act: After President’s assent, bill becomes Act (constitutional amendment act), Constitution amended. - Criticism of amendment procedure. |
| Types of Amendments | Three Ways | - Art 368 provides for 2 types of amendments (special majority, or special majority + state ratification). - Other articles provide for amendment by simple majority of Parliament (not deemed amendments under Art 368). - Three ways to amend Constitution: 1. By Simple Majority of Parliament: For provisions outside Art 368. Examples: admission/establishment of new states, formation/alteration of states, abolition/creation of legislative councils, Second Schedule (emoluments, etc.), quorum in Parliament, salaries/allowances of MPs, rules of procedure, privileges of Parliament/members/committees, English language use in Parliament, number of puisne judges in SC, conferment of more jurisdiction on SC, official language use, citizenship acquisition/termination, elections to Parliament/state legislatures, delimitation of constituencies, UTs, Fifth Schedule (scheduled areas), Sixth Schedule (tribal areas). 2. By Special Majority of Parliament: For most provisions. Examples: Fundamental Rights, Directive Principles of State Policy, all other provisions not in first/third categories. 3. By Special Majority of Parliament and Consent of States: For federal structure provisions. Examples: election of President, extent of Union/state executive power, SC & HCs, distribution of legislative powers, any of lists in Seventh Schedule, representation of states in Parliament, power of Parliament to amend Art 368 itself, Goods & Services Tax Council. - Time limit for state ratification: Constitution does not prescribe. | |
| Criticism of the Amendment Procedure | Arguments Against | - No provision for special body (Constitutional Convention/Assembly) for amendment (unlike USA). Constituent power vested in Parliament. - Power to initiate amendment lies with Parliament (state legislatures cannot initiate, except for legislative councils). Unlike USA, states can propose. - Major part of Constitution amended by Parliament alone (simple/special majority). Only few cases require state consent (half of states, not 3/4 like USA). - No time frame for state ratification/rejection; silent on state withdrawal of approval. - No provision for joint sitting for deadlock over constitutional amendment bill (unlike ordinary bill). - Process similar to legislative process (except special majority). - Provisions too sketchy, wide scope for judiciary. - Despite defects, process simple & easy, met changed needs. - K.C. Wheare: ‘strikes a good balance between flexibility and rigidity’. - Jawaharlal Nehru: ‘no permanence in a Constitution. There should be a certain flexibility’. - Dr. B.R. Ambedkar: ‘Assembly has not only refrained from putting a seal of finality… but has provided for a facile procedure’. - Granville Austin: ‘amending process has proved itself one of the most ably conceived aspects’. - K.C. Wheare: admired variety of amendment procedures. | |
| 12. Basic Structure of the Constitution | Emergence of the Basic Structure | Evolution of Doctrine | - Question of FR amendability under Art 368. - Shankari Prasad case (1951): SC ruled Parliament’s amending power (Art 368) includes power to amend FRs. ‘Law’ in Art 13 means ordinary laws, not constitutional amendment acts. So, Parliament can abridge/take away FRs. - Sajjan Singh case (1964): SC reaffirmed Shankari Prasad. - Golak Nath case (1967): SC reversed earlier stand. Ruled Parliament’s amending power (Art 368) does not include power to abridge/take away FRs. Constitutional amendment act is ‘law’ within Art 13, thus void for violating FRs. FRs are ‘transcendental and immutable’. - Parliament reacted: enacted 24th Amendment Act (1971) (amended Art 13 & 368). Declared Parliament has power to abridge/take away FRs under Art 368, and such act is not ‘law’ under Art 13. - Kesavananda Bharati case (1973): SC overruled Golak Nath. Upheld 24th Amendment Act. Stated Parliament empowered to abridge/take away FRs. But, laid down new doctrine: ‘basic structure’ (or ‘basic features’) of Constitution. Ruled Parliament’s constituent power (Art 368) does not enable it to alter basic structure. Parliament cannot abridge/take away FR that forms part of basic structure. - Indira Nehru Gandhi case (1975): SC reaffirmed & applied basic structure doctrine. Invalidated provision of 39th Amendment Act (1975) (kept PM election disputes outside court jurisdiction) as it affected basic structure. - Parliament reacted: enacted 42nd Amendment Act (1976) (amended Art 368). Declared no limitation on Parliament’s constituent power, no amendment questioned in court for FR contravention. - Minerva Mills case (1980): SC invalidated 42nd Amendment’s provision (excluded judicial review) as it excluded judicial review, which is a ‘basic feature’. Applied basic structure doctrine to Art 368. - Waman Rao case (1980): SC adhered to basic structure doctrine. Clarified it applies to constitutional amendments enacted after April 24, 1973 (date of Kesavananda Bharati judgment). - Evolution of Basic Structure in Table 12.1. |
| Elements of the Basic Structure | Declared Features | - Parliament can amend any part of Constitution (including FRs) but without affecting ‘basic structure’. - SC has not defined/clarified what constitutes ‘basic structure’. - From various judgments, following emerged as ‘basic features’ or elements: 1. Supremacy of the Constitution. 2. Sovereign, democratic, republican nature of Indian polity. 3. Secular character of the Constitution. 4. Separation of powers (legislature, executive, judiciary). 5. Federal character of the Constitution. 6. Unity & integrity of the nation. 7. Welfare state (socio-economic justice). 8. Judicial review. 9. Freedom & dignity of the individual. 10. Parliamentary system. 11. Rule of law. 12. Harmony & balance between Fundamental Rights & Directive Principles. 13. Principle of equality. 14. Free & fair elections. 15. Independence of Judiciary. 16. Limited power of Parliament to amend the Constitution. 17. Effective access to justice. 18. Principles (or essence) underlying fundamental rights. 19. Powers of the Supreme Court under Articles 32, 136, 141, 142. 20. Powers of the High Courts under Articles 226, 227. - Elements of Basic Structure in Table 12.1. | |
| 13. Parliamentary System | Features of Parliamentary Government | Principles in India | - Constitution provides for parliamentary government at Centre (Art 74, 75) & states (Art 163, 164). - Modern democratic governments classified into parliamentary & presidential. - Parliamentary system: executive responsible to legislature for policies/acts. - Also known as cabinet government, responsible government, Westminster model. - Prevalent in Britain, Japan, Canada, India. - Ivor Jennings: ‘cabinet system’ (cabinet is nucleus of power). - ‘Responsible government’: cabinet accountable to Parliament, stays in office with confidence. - ‘Westminster model’: after British Parliament location. - PM’s power increased; political scientists call it ‘Prime Ministerial Government’. - Features/principles in India: 1. Nominal & Real Executives: President nominal (de jure/titular), PM real (de facto). President head of State, PM head of government. President acts on PM’s advice (binding by 42nd/44th Amendments). 2. Majority Party Rule: Party with majority seats in Lok Sabha forms government. PM appointed by President. Coalition if no clear majority. Ministers bound by consensus in coalition. 3. Collective Responsibility: Bedrock principle. Art 75: council of ministers collectively responsible to Lok Sabha. Ministers act as team, swim/sink together. No-confidence motion against council: all ministers resign. Council can advise President to dissolve Lok Sabha. 4. Political Homogeneity: Ministers usually from same political party, share ideology. In coalition, bound by consensus. 5. Double Membership: Ministers are members of both legislature & executive. Cannot be minister without being MP/MLA/MLC for 6 months. 6. Leadership of Prime Minister: PM leads council of ministers, Parliament, party. Crucial role. 7. Dissolution of the Lower House: Lok Sabha can be dissolved by President on PM’s advice. Executive enjoys right to dissolve legislature. 8. Secrecy: Ministers operate on secrecy principle; cannot divulge information. Take oath of secrecy. |
| Features of Presidential Government | Characteristics | - Unlike Indian Constitution, American Constitution provides for presidential government. - Prevalent in USA, Brazil, Russia, Sri Lanka. - Also known as non-responsible, non-parliamentary, fixed executive system. - Features: (a) Single Executive: American President is both head of State & head of government. Real executive. (b) Fixed Tenure: President elected by electoral college for fixed 4-year term. Cannot be removed by Congress except by impeachment for grave unconstitutional act. (c) Non-responsibility: President governs with ‘Kitchen Cabinet’ (smaller, advisory body of non-elected departmental secretaries). President & secretaries not responsible to Congress for acts. Cannot be removed by Congress. (d) Single Membership: President & secretaries not members of Congress, do not attend sessions. (e) No Dissolution of Lower House: President cannot dissolve House of Representatives. (f) Separation of Powers: Basis of American presidential system. Legislative, executive, judicial powers separated & vested in 3 independent organs. | |
| Merits of the Parliamentary System | Advantages | - Harmony Between Legislature and Executive: Ensures harmonious relation & cooperation. Executive is part of legislature, interdependent. Less disputes/conflicts. - Responsible Government: Ministers responsible to Parliament for acts. Parliament controls ministers (question hour, discussions, adjournment motion, no confidence motion). - Prevents Despotism: Executive authority vested in group (council of ministers), not single person. Dispersal of authority checks dictatorial tendencies. Executive removable by no-confidence motion. - Ready Alternative Government: If ruling party loses majority, Head of State can invite opposition to form government. Alternative government without fresh elections. Dr. Jennings: ‘leader of the opposition is the alternative prime minister’. - Wide Representation: Executive (ministers) are representatives of people. Possible to provide representation to all sections/regions. PM considers this in minister selection. | |
| Demerits of the Parliamentary System | Disadvantages | - Unstable Government: Does not provide stable government. No guarantee of tenure. Ministers depend on majority legislators. No-confidence motion, defection, multiparty coalition can cause instability. Examples: Morarji Desai, Charan Singh, V.P. Singh, Chandra Sekhar, Deva Gowda, I.K. Gujral. - No Continuity of Policies: Not conducive for long-term policies. Uncertainty of tenure. Change in ruling party usually followed by policy changes. - Dictatorship of the Cabinet: If ruling party has absolute majority, cabinet becomes autocratic, exercises unlimited powers. H.J. Laski: ‘parliamentary system gives the executive an opportunity for tyranny’. Ramsay Muir: ‘dictatorship of the cabinet’. Witnessed during Indira Gandhi & Rajiv Gandhi eras. - Against Separation of Powers: Legislature & executive are together, inseparable. Cabinet acts as leader of legislature. Bagehot: ‘cabinet is a hyphen that joins the buckle that binds the executive and legislative departments together’. Fusion of powers. - Government by Amateurs: Not conducive to administrative efficiency. Ministers not experts. PM has limited choice of ministers (restricted to Parliament members). Ministers devote time to parliamentary work, meetings, party activities. - Comparison of Parliamentary and Presidential Systems in Table 13.1. | |
| Reasons for Adopting Parliamentary System | Founding Fathers’ Rationale | - Plea for US presidential system made in Constituent Assembly, but British parliamentary system preferred due to: 1. Familiarity with the System: Parliamentary system operated in India during British rule. K.M. Munshi: ‘constitutional traditions have become Parliamentary’. 2. Preference to More Responsibility: Dr. B.R. Ambedkar: ‘democratic executive must satisfy two conditions: stability and responsibility’. British system offers more responsibility, less stability. Draft Constitution preferred responsibility. 3. Need to Avoid Legislative-Executive Conflicts: Framers wanted to avoid conflicts prevalent in US presidential system. Thought infant democracy needed to avoid such conflicts. 4. Nature of Indian Society: India heterogeneous, complex plural society. Parliamentary system offers greater scope for representation of various sections/interests/regions. Promotes national spirit, builds united India. - Swaran Singh Committee (1975) opined parliamentary system doing well, no need to replace. | |
| Distinction between Indian and British Models | Differences | - Indian parliamentary system largely based on British, but not replica. 1. Republican System: India has elected Head of State (President); Britain has hereditary Head of State (King/Queen). 2. Limited Sovereignty: British system based on Parliament sovereignty; Indian Parliament not supreme, limited powers due to written Constitution, federal system, judicial review, FRs. 3. PM Membership: British PM must be member of Lower House (House of Commons); Indian PM can be member of either House (Lok Sabha or Rajya Sabha). Examples: Indira Gandhi, Deve Gowda, Manmohan Singh (Rajya Sabha members). 4. No Legal Responsibility: Britain has legal responsibility of minister (King’s orders countersigned, minister liable); India has no such system (President’s orders not countersigned, courts barred from inquiring into ministerial advice). 5. No Shadow Cabinet: Britain has ‘shadow cabinet’ (opposition party balances ruling cabinet); India has no such institution. | |
| 14. Federal System | Federal Features of the Constitution | Characteristics | - Constitution provides for federal system. - Framers adopted federal system due to: large size of country, socio-cultural diversity. - Ensures efficient governance, reconciles national unity with regional autonomy. - Term ‘federation’ not used; Art 1 describes India as ‘Union of States’. - Dr. B.R. Ambedkar: ‘Union of States’ preferred (Indian Federation not result of agreement, states no right to secede; Union indestructible). - Indian federal system based on ‘Canadian model’ (strong centre, disintegration). - Federal features: 1. Dual Polity: Union at Centre, states at periphery. Each has sovereign powers in assigned fields. Union: defense, foreign affairs, currency, communication. States: public order, agriculture, health, local government. 2. Written Constitution: Lengthiest in world. Specifies structure, organization, powers, functions, limits of Centre & states. Avoids misunderstandings. 3. Division of Powers: Powers divided into Union List (98 subjects), State List (59 subjects), Concurrent List (52 subjects) in Seventh Schedule. Parliament has exclusive power for Union List & residuary subjects. State legislature has exclusive power for State List. Both can legislate on Concurrent List (Central law prevails in conflict). 4. Supremacy of the Constitution: Highest law. Laws enacted by Centre/states must conform to it. Declared invalid by SC/HC if violate. Organs of government operate within constitutional jurisdiction. 5. Rigid Constitution: Method of amendment is rigid for federal structure provisions (special majority of Parliament + approval of half of state legislatures). 6. Independent Judiciary: SC heads judiciary. Protects Constitution supremacy (judicial review), settles disputes between Centre & states or between states. Measures for independence (security of tenure, fixed service conditions). 7. Bicameralism: Legislature has Upper House (Rajya Sabha) & Lower House (Lok Sabha). Rajya Sabha represents states, maintains federal equilibrium. |
| Unitary Features of the Constitution | Non-Federal Characteristics | - Besides federal features, Indian Constitution has unitary/non-federal features: 1. Strong Centre: Division of powers favors Centre. Union List has more/important subjects. Centre has overriding authority over Concurrent List. Residuary powers with Centre (unlike US, with states). 2. States Not Indestructible: States have no right to territorial integrity. Parliament can unilaterally change area, boundaries, name of any state (simple majority). India: ‘an indestructible union of destructible states’. 3. Single Constitution: States have no right to frame own Constitution (unlike US). Constitution of Centre & states is single frame. All operate within it. (Exception: J&K till 2019). 4. Flexibility of the Constitution: Amendment process less rigid. Bulk of Constitution amended by unilateral action of Parliament (simple/special majority). Power to initiate amendment with Centre only. 5. No Equality of State Representation: States represented in Rajya Sabha based on population (membership varies 1-31). Unlike US Senate (100 members, 2 from each state). 6. Emergency Provisions: 3 types (national, state, financial). During emergency, Centre becomes all-powerful, states under total control. Federal structure converts to unitary (without formal amendment). 7. Single Citizenship: Dual polity but single citizenship. All citizens enjoy same rights nationwide. Unlike US/Australia (dual citizenship). 8. Integrated Judiciary: Integrated judicial system (SC at top, HCs below). Single system enforces Central & state laws. Unlike US (dual system). 9. All-India Services: Centre & states have separate public services. But All-India Services (IAS, IPS, IFoS) common to both. Members recruited/trained by Centre, ultimate control with Centre. Violates federalism principle. 10. Integrated Audit Machinery: CAG audits accounts of Centre & states. Unlike US (separate audit for federal & state). 11. Parliament’s Authority Over State List: Parliament can legislate on State List subjects if Rajya Sabha passes resolution (national interest). Without amending Constitution, no emergency. 12. Appointment of Governor: Governor (head of state) appointed by President. Holds office during President’s pleasure. Acts as Centre’s agent. Centre controls states through governor. Unlike US (elected head in states). 13. Integrated Election Machinery: Election Commission conducts elections for Central & state legislatures. Constituted by President, states have no say. Same for removal of members. Unlike US (separate machineries). 14. Veto Over State Bills: Governor can reserve state bills for President’s consideration. President can withhold assent (absolute veto) or return (suspensive veto). State legislature cannot override President’s veto. No time limit for President’s decision. Unlike US/Australia (states autonomous). | |
| Critical Evaluation of the Federal System | Debate on Federal Character | - Indian Constitution deviates from traditional federal systems (US, Switzerland, Australia). - Incorporates many unitary/non-federal features, tilting balance towards Centre. - Constitutional experts challenge federal character. - K.C. Wheare: ‘quasi-federal’, ‘unitary state with subsidiary federal features’. - K. Santhanam: unitary bias due to Centre’s financial dominance & dependence of states on Central grants; powerful erstwhile Planning Commission. - Paul Appleby: characterizes Indian federalism as ‘extremely federal’. - Morris Jones: ‘bargaining federalism’. - Ivor Jennings: ‘federation with a strong centralising tendency’. - Alexandrowicz: ‘case sui generis’. - Granville Austin: ‘co-operative federalism’. - Dr. B.R. Ambedkar: ‘Constitution is a Federal Constitution… avoids tight mould of federalism’. - S.R. Bommai case (1994): SC laid down Constitution is federal, federalism is ‘basic feature’. - Federal spirit reflected in trends: territorial disputes, regional parties, financial grants, autonomy assertion, Art 356 limitations. | |
| 15. Centre-State Relations | Legislative Relations | Territorial Extent of Central and State Legislation | - Constitution divides powers (legislative, executive, financial) between Centre & states. - No division of judicial power (integrated system). - Centre-state relations studied under 3 heads: Legislative, Administrative, Financial. - Art 245-255 (Part XI) deal with legislative relations. - Constitution defines territorial limits: (i) Parliament: can make laws for whole/any part of India (states, UTs, acquired territories). Can make ‘extra-territorial legislation’ (laws applicable to Indian citizens/property anywhere in world). (ii) State legislature: can make laws for whole/any part of state. Not applicable outside state, except with sufficient nexus. - Constitution places restrictions on Parliament’s plenary territorial jurisdiction: (i) President can make regulations for peace/progress/good government of UTs (Andaman & Nicobar, Lakshadweep, Dadra & Nagar Haveli & Daman & Diu, Ladakh). For Puducherry, President can legislate only when Assembly suspended/dissolved. Regulations have force of Parliament Act, can repeal/amend. (ii) Governor empowered to direct Parliament act not apply to scheduled area or apply with modifications/exceptions. (iii) Governor of Assam can direct Parliament act not apply to tribal area (autonomous district) or apply with modifications/exceptions. President has same power for Meghalaya, Tripura, Mizoram. |
| Distribution of Legislative Subjects | - Constitution provides for 3-fold distribution in Seventh Schedule: (i) Union List (List-I): Parliament has exclusive powers (98 subjects presently, originally 97). Examples: defense, banking, foreign affairs, currency, atomic energy, inter-state trade/commerce, census, audit. (ii) State List (List-II): State legislature has exclusive powers (59 subjects presently, originally 66). Examples: public order, police, public health/sanitation, agriculture, prisons, local government, fisheries, markets, theaters, gambling. (iii) Concurrent List (List-III): Both Parliament & state legislature can make laws (52 subjects presently, originally 47). Examples: criminal law/procedure, civil procedure, marriage/divorce, population control/family planning, electricity, labor welfare, economic/social planning, drugs, newspapers, books/printing press. - 42nd Amendment Act (1976) transferred 5 subjects from State List to Concurrent List: education, forests, weights & measures, protection of wild animals & birds, administration of justice (constitution/organization of all courts except SC/HC). - Residuary subjects: matters not in any list. Parliament has power to make laws (includes power to levy residuary taxes). - Predominance: Union List over State List & Concurrent List. Concurrent List over State List. - In conflict on Concurrent List, Central law prevails. Exception: if state law reserved for President & received assent, state law prevails. Parliament can override state law by subsequently making law on same matter. | ||
| Parliamentary Legislation in the State Field | - Scheme of distribution maintained in normal times. - Modified/suspended in abnormal times. - Constitution empowers Parliament to make laws on State List matters in 5 extraordinary circumstances: A. When Rajya Sabha Passes a Resolution: If RS declares it necessary in national interest (2/3 members present & voting), Parliament can legislate on State List. Resolution valid for 1 year, renewable indefinitely. Law ceases 6 months after resolution ceases. B. During a National Emergency: Parliament acquires power to legislate on State List. Laws become inoperative 6 months after emergency ceases. C. When States Make a Request: If 2+ state legislatures pass resolution requesting Parliament to legislate on State List, Parliament can. Law applies only to requesting states. Other states can adopt. Resolution operates as abdication of state power. Examples: Prize Competition Act 1955, Wild Life (Protection) Act 1972, Water (Prevention and Control of Pollution) Act 1974, Urban Land (Ceiling and Regulation) Act 1976, Transplantation of Human Organs Act 1994. D. To Implement International Agreements: Parliament can make laws on any State List matter for implementing international treaties/agreements/conventions. Enables Centre to fulfill international obligations. Examples: UN (Privileges and Immunities) Act 1947, Geneva Convention Act 1960, Anti-Hijacking Act 1982. E. During President’s Rule: Parliament empowered to make laws on State List. Law continues operative even after President’s rule ends. Parliament can repeal/alter/re-enact. | ||
| Centre’s Control Over State Legislation | - Besides Parliament’s power to legislate directly on state subjects, Centre controls state legislative matters: (i) Governor can reserve state bill for President’s consideration. President has absolute veto (Art 200, 201). (ii) State bill imposing restrictions on freedom of trade/commerce requires President’s prior sanction (Art 304). (iii) Centre can direct states to reserve money bills/other financial bills for President’s consideration during financial emergency (Art 360). (iv) Governor cannot make ordinance without President’s instructions in certain cases (Art 213). - Sarkaria Commission: ‘rule of federal supremacy is a technique to avoid absurdity, resolve conflict and ensure harmony’. | ||
| Administrative Relations | Distribution of Executive Powers | - Art 256-263 (Part XI) deal with administrative relations. - Executive power divided on lines of legislative powers, with exceptions. - Centre’s executive power: extends to matters where Parliament has exclusive legislative power (Union List), & rights/authority conferred by treaty/agreement. - State’s executive power: extends to matters where state legislature has exclusive legislative power (State List). - Concurrent List: executive power rests with states, unless Constitution/Parliamentary law specifically confers on Centre. | |
| Obligation of States and the Centre | - Constitution places 2 restrictions on state executive power: (a) Ensure compliance with Parliament laws & existing laws applicable in state. (b) Not to impede/prejudice Centre’s executive power in state. - Centre’s executive power extends to giving directions to state as necessary. - Art 365: if state fails to comply with Centre’s directions, President’s Rule can be imposed. - Coercive sanction behind Central directions. | ||
| Centre’s Directions to the States | - Centre empowered to give directions to states on: (i) Construction/maintenance of means of communication (national/military importance). (ii) Measures for protection of railways. (iii) Provision of adequate facilities for primary education in mother-tongue to linguistic minority children. (iv) Drawing up/execution of specified schemes for Scheduled Tribes’ welfare. - Coercive sanction under Art 365 also applies. | ||
| Mutual Delegation of Functions | - Legislative powers rigid; executive powers generally follow legislative distribution. - Constitution provides for inter-government delegation of executive functions to mitigate rigidity/avoid deadlock. - President can entrust Centre’s executive functions to state (with state consent). - Governor can entrust state’s executive functions to Centre (with Centre’s consent). - Parliament can entrust Centre’s executive functions to state (without state consent). - Centre can use both agreement & legislation for delegation; state can use only agreement. | ||
| Cooperation Between the Centre and States | - Constitution contains provisions for cooperation/coordination: (i) Parliament can provide for adjudication of inter-state river water disputes. (ii) President can establish Inter-State Council (Art 263) to investigate/discuss common interest subjects. (iii) Full faith & credit to public acts, records, judicial proceedings of Centre & every state. (iv) Parliament can appoint appropriate authority for inter-state freedom of trade/commerce/intercourse (not yet appointed). - Inter-State Council (1990) established by V.P. Singh GoI. - Zonal Councils: statutory bodies (States Reorganisation Act 1956). 5 zones (Northern, Central, Eastern, Western, Southern). Promote cooperation/coordination. Deliberative/advisory. | ||
| All-India Services | - Centre & states have separate public services. - All-India Services (IAS, IPS, IFoS) common to both. - Members recruited/trained by Centre; occupy top/key posts in both Centre & states; serve by turns. - Controlled jointly by Centre & states (ultimate control with Centre, immediate with states). Salaries/pensions met by states. Disciplinary action by Centre only. - 26 state cadres (2 joint cadres: Assam-Meghalaya, Arunachal Pradesh-Goa-Mizoram-UTs (AGMUT)). - Dr. B.R. Ambedkar: justified All-India Services (maintain high standard, uniformity, liaison/cooperation/joint action). - Paul Appleby: criticized All-India Services (violate federalism, restrict autonomy/patronage). | ||
| Public Service Commissions | - Centre-state relations in PSCs: (i) Chairman/members of state PSC appointed by governor, but removed by President. (ii) Parliament can establish Joint State PSC (JSPSC) for 2+ states (on state request). Chairman/members appointed by President. (iii) UPSC can serve state needs (on state governor request, with President approval). (iv) UPSC assists states in framing/operating joint recruitment schemes. | ||
| Relations During Emergencies | - Centre-state administrative relations change during emergencies: (i) National Emergency (Art 352): Centre can give executive directions to state on ‘any’ matter. States under complete control. (ii) President’s Rule (Art 356): President can assume state government functions, powers of governor/executive authority. States under Centre’s control. (iii) Financial Emergency (Art 360): Centre can direct states to observe financial propriety, reduce salaries, reserve money bills for President. | ||
| Other Provisions | - Constitution contains other provisions for Centre’s control over state administration: (i) Art 355: Centre’s duty to protect states against external aggression/internal disturbance, ensure governance according to Constitution. (ii) Governor appointed by President. Holds office during President’s pleasure. Acts as Centre’s agent. Submits periodical reports to Centre. (iii) State Election Commissioner appointed by governor, but removed by President. | ||
| Extra-Constitutional Devices | - Besides constitutional devices, extra-constitutional devices promote cooperation/coordination. - Advisory bodies & conferences at Central level. - Non-constitutional advisory bodies: NITI Aayog (succeeded Planning Commission), National Integration Council, Central Council of Health & Family Welfare, Central Council of Local Government, Zonal Councils, North-Eastern Council, Central Council of Indian Medicine, Central Council of Homoeopathy, Transport Development Council, University Grants Commission. - Important conferences: Governors’ conference (President), Chief Ministers’ conference (PM), Chief Secretaries’ conference (Cabinet Secretary), Inspector-Generals of Police conference, Chief Justices’ conference, Vice-Chancellors’ conference, Home Ministers’ conference, Law Ministers’ conference. | ||
| Financial Relations | Allocation of Taxing Powers | - Art 268-293 (Part XII) deal with financial relations. - Constitution divides taxing powers: • Parliament: exclusive power to levy taxes on Union List subjects (13 entries). • State legislature: exclusive power to levy taxes on State List subjects (18 entries). • No tax entries in Concurrent List (no concurrent jurisdiction for tax legislation). • 101st Amendment Act (2016): exception for Goods & Services Tax (GST); conferred concurrent taxing power on Parliament & state legislatures. • Residuary power of taxation: with Parliament. - Constitution distinguishes power to levy/collect tax & power to appropriate proceeds. - Restrictions on state taxing powers: (i) State legislature can impose taxes on professions, trades, callings, employments (max ₹2,500 per annum, raised to ₹2,500 by 60th Amendment Act 1988). (ii) Prohibited from imposing tax on supply of goods/services outside state or in import/export course (Art 286). Parliament formulates principles. (iii) Can impose tax on consumption/sale of electricity (not consumed by Centre/railway). (iv) Can impose tax on water/electricity stored/generated/consumed/distributed. - Articles related to Centre-State Legislative Relations in Table 15.1. | |
| Distribution of Tax Revenues | - 80th Amendment Act (2000) & 101st Amendment Act (2016) changed scheme. - 80th Amendment: gave effect to 10th Finance Commission recommendation (29% of central taxes/duties to states). ‘Alternative Scheme of Devolution’, effective retrospectively from April 1, 1996. - Brought Corporation Tax, Customs Duties on par with Income Tax for sharing. - 101st Amendment: paved way for GST. Conferred concurrent taxing powers for GST. Replaced many indirect taxes. Subsumed central indirect taxes (Excise Duty, Service Tax, Additional Customs Duty, Surcharges, Cesses) & state indirect taxes (VAT/Sales Tax, Entertainment Tax, Central Sales Tax, Octroi/Entry Tax, Purchase Tax, Luxury Tax, Lottery/Betting/Gambling Taxes, Surcharges, Cesses). Deleted Art 268-A & Entry 92-C (Union List). - Current position: A. Taxes Levied by Centre but Collected & Appropriated by States (Art 268): stamp duties on bills, cheques, promissory notes, insurance policies, share transfers. Proceeds assigned to states. B. Taxes Levied & Collected by Centre but Assigned to States (Art 269): taxes on inter-state sale/purchase of goods (other than newspapers), taxes on inter-state consignment of goods. Proceeds assigned to states. C. Levy & Collection of Goods & Services Tax in Course of Inter-State Trade or Commerce (Art 269-A): GST on inter-state supplies levied/collected by Centre, but divided between Centre & states (on GST Council recommendations). Parliament formulates supply place principles. D. Taxes Levied & Collected by Centre but Distributed between Centre & States (Art 270): includes all taxes/duties in Union List except Art 268, 269, 269-A, 271. Proceeds distributed by President on Finance Commission recommendation. E. Surcharge on Certain Taxes & Duties for Purposes of Centre (Art 271): Parliament can levy surcharges on taxes/duties in Art 269, 270. Proceeds go exclusively to Centre. GST exempted from surcharge. F. Taxes Levied & Collected & Retained by States: Taxes belonging exclusively to states (18 entries in State List). Examples: land revenue, agricultural income tax, succession duty on agricultural land, estate duty on agricultural land, taxes on lands/buildings, mineral rights, excise duty on alcoholic liquors/drugs, consumption/sale of electricity, sale of petroleum products, vehicles, animals/boats, tolls, professions/trades/callings/employments, capitation taxes, entertainments/amusements, stamp duty on documents, fees on State List matters. - Articles related to Centre-State Administrative Relations in Table 15.2. | ||
| Distribution of Non-tax Revenues | - Centre: major sources: posts & telegraphs, railways, banking, broadcasting, coinage & currency, central public sector enterprises, escheat & lapse. - States: major sources: irrigation, forests, fisheries, state public sector enterprises, escheat & lapse. - Articles related to Centre-State Financial Relations in Table 15.3. | ||
| Grants-in-Aid to the States | - Constitution provides for grants from Centre to states. - 2 types: A. Statutory Grants (Art 275): Parliament can make grants to states ‘in need’ (not all states). Different sums fixed. Charged on Consolidated Fund of India. Includes specific grants for scheduled tribes’ welfare or raising administration level in scheduled areas (including Assam). Given on Finance Commission recommendation. B. Discretionary Grants (Art 282): Both Centre & states can make grants for any public purpose (even if outside legislative competence). Centre makes grants to states. ‘Discretionary’ as Centre not obligated. Two purposes: financial help for plan targets; leverage for Centre to influence/coordinate state action. - Other Grants: Constitution provided for third type for temporary period (grants in lieu of export duties on jute & jute products to Assam, Bihar, Orissa, West Bengal). For 10 years, on Finance Commission recommendation. - Goods and Services Tax Council (Art 279-A): Smooth/efficient GST administration requires cooperation/coordination. President constitutes GST Council (by order, 2016). Joint forum of Centre & states. Recommends to Centre & states on: taxes/cesses/surcharges merged in GST; goods/services subject to/exempted from GST; Model GST Laws, levy principles, apportionment, supply place; threshold turnover limit for exemption; rates (floor rates, bands); special rates for natural calamity/disaster; other GST matters. | ||
| Inter-Governmental Tax Immunities | - Indian Constitution contains rule of ‘immunity from mutual taxation’. A. Exemption of Central Property from State Taxation: Centre’s property exempted from state/local taxes. Parliament can remove this ban. ‘Property’ includes all kinds of movable/immovable property. Property used for sovereign/commercial purposes. Corporations/companies created by Centre not immune from state/local taxation (separate legal entity). B. Exemption of State Property or Income from Central Taxation: State’s property/income exempted from Central taxation. Includes sovereign/commercial functions. Centre can tax commercial operations if Parliament provides. Parliament can declare trade/business incidental to ordinary government functions (not taxable). Local authorities’ property/income not immune from Central taxation. Corporations/companies owned by state can be taxed by Centre. - Supreme Court (1963): immunity not extend to customs/excise duties. Centre can impose customs duty on state imports/exports, excise duty on state-produced/manufactured goods. | ||
| Effects of Emergencies | - Centre-state financial relations change during emergencies: A. National Emergency (Art 352): President can modify constitutional distribution of revenues (reduce/cancel tax sharing/grants-in-aid from Centre to states). Modification continues till end of financial year. B. Financial Emergency (Art 360): Centre can direct states to observe financial propriety, reduce salaries, reserve money bills for President. | ||
| Trends in Centre-State Relations | Evolution of Relations | - Till 1967: smooth relations due to one-party rule. - 1967 elections: Congress defeated in 9 states, weakened at Centre. Changed political scenario. - Non-Congress governments opposed centralization, demanded more powers/financial resources. - Caused tensions/conflicts. | |
| Tension Areas | - Issues creating tensions/conflicts: (1) Mode of appointment/dismissal of governor. (2) Discriminatory/partisan role of governors. (3) Imposition of President’s Rule for partisan interests. (4) Deployment of Central forces for law/order. (5) Reservation of state bills for President’s consideration. (6) Discrimination in financial allocations. (7) Role of Planning Commission (till NITI Aayog). (8) Management of All-India Services. (9) Use of electronic media for political purposes. (10) Appointment of enquiry commissions against chief ministers. (11) Sharing of finances. (12) Encroachment by Centre on State List. (13) Implementation of centrally sponsored schemes. (14) Modus operandi of central agencies (CBI, ED). | ||
| Administrative Reforms Commission (ARC) | - Central government appointed ARC (1966) (6 members, Morarji Desai then K. Hanumanthayya). - Examined Centre-State relations. Constituted study team (M.C. Setalvad). - Report (1969): made 22 recommendations. - Important recommendations: Inter-State Council (Art 263), appointment of experienced/non-partisan governors, delegation of powers to states, transferring financial resources to states, deployment of Central armed forces on request. - No action taken by Central government. | ||
| Rajamannar Committee | - Tamil Nadu Government (DMK, 1969) appointed 3-member committee (Dr. P.V. Rajamannar). - Examined Centre-State relations, suggested amendments for state autonomy. - Report (1971): identified reasons for unitary trends (Centre’s special powers, one-party rule, state financial inadequacy, Planning Commission). - Important recommendations: Inter-State Council (permanent), Finance Commission (permanent), Planning Commission disbanded, Art 356/357/365 omitted, governor holds office during pleasure omitted, State List subjects transferred to Concurrent List, residuary powers to states, All-India services abolished. - Central government ignored recommendations. | ||
| Anandpur Sahib Resolution (1973) | - Akali Dal adopted resolution (political & religious demands). - Demanded Centre’s jurisdiction restricted to defense, foreign affairs, communications, currency; residuary powers to states. - Constitution federal in real sense, equal authority/representation to all states. | ||
| West Bengal Memorandum (1977) | - West Bengal Government (Communists) published memorandum on Centre-state relations. - Suggested: ‘union’ replaced by ‘federal’; Centre’s jurisdiction confined to defense, foreign affairs, currency, economic co-ordination; other subjects/residuary to states; Art 356/357/360 repealed; state consent obligatory for new states; 75% of central revenue to states; Rajya Sabha equal powers with Lok Sabha; Central & state services only, All-India Services abolished. - Central government did not accept demands. | ||
| Sarkaria Commission (1983) | - Central government appointed 3-member Commission (R.S. Sarkaria). - Examined/reviewed existing arrangements, recommended changes. - Report (1988): did not favor structural changes; regarded existing constitutional arrangements sound. - Emphasized functional/operational changes. - Observed federalism is functional arrangement, not static concept. - Rejected demand for curtailing Centre’s powers; strong Centre essential for national unity/integrity. - Did not equate strong Centre with centralization. - Made 247 recommendations to improve Centre-state relations. - Important recommendations: Inter-State Council (1990), governor’s appointment (prescribed in Constitution), governor’s term (fixed 5 years), no inquiry commission against state minister unless Parliament demands, surcharge on income tax for specific purpose only, Finance Commission/Planning Commission division reasonable, 3-language formula, no autonomy for radio/TV, no change in Rajya Sabha role/Centre’s power to reorganize states, commissioner for linguistic minorities activated. - Central government implemented 180 recommendations. | ||
| Punchhi Commission (2007) | - Second commission on Centre-State Relations (Madan Mohan Punchhi). - Looked into sea-changes in polity/economy since Sarkaria Commission. - Report (2010): took help from Sarkaria Commission, NCRWC, Second ARC. - Concluded ‘cooperative federalism’ key for India’s unity/integrity/development. - Made 310+ recommendations. - Important recommendations: 1. Facilitate effective implementation of Concurrent List subjects (broad agreement between Union & states). 2. Union restrained in asserting Parliamentary supremacy on state matters. 3. Union occupy only necessary concurrent/overlapping jurisdiction subjects. 4. Continuing auditing role for Inter-State Council in concurrent/overlapping jurisdiction. 5. Period of 6 months for President to decide on state bill (Art 201) applicable. 6. Parliament make law on Entry 14 List I (treaty making/implementing) to streamline procedures. 7. Financial obligations/implications on state finances from treaties/agreements permanent term of reference for Finance Commissions. 8. Guidelines for selecting Governors (Sarkaria Commission report: eminent, outsider, detached, not intimately connected to local politics, not politician from ruling party). 9. Governor’s fixed 5-year tenure; removable only by Parliament resolution. 10. Governor’s discretionary powers (Art 163) abolished. 11. Governor’s role as Chancellor of Universities abolished. 12. Governor’s power to sanction prosecution of state minister (against Council of Ministers’ advice) if motivated by bias. 13. Governor’s discretion in choosing CM (hung assembly) guided by specific order of preference. 14. Governor’s discretion in dismissing CM (lost majority) guided by specific order. 15. Governor’s discretion in dissolving assembly (lost majority) guided by specific order. 16. Art 356 (President’s Rule) used sparingly, as last resort. Framework for ‘localized emergency’ to ensure state government functions. 17. New All-India services in health, education, engineering, judiciary. 18. Remove/modify factors inhibiting Second Chamber (Rajya Sabha) as representative forum. 19. Balance of power between states (equality of representation in Rajya Sabha). 20. Devolution of powers to local bodies (constitutional definition). 21. Cost sharing for Central legislations involving states. 22. Royalty rates on major minerals revised every 3 years. 23. Current ceiling on profession tax abolished by Constitutional amendment. 24. Scope for raising revenue from Art 268 taxes examined afresh. 25. Chief Election Commissioner & other Election Commissioners appointed on recommendation of 3-member committee (PM, Leader of Opposition (LS), CJI). Grounds for removal same as SC judge. 26. Proliferation of smaller political parties discouraged. 27. Comprehensive legislation for political party regulation (transparency, corporate donations, tax exemption, donor/donee accountability, audited accounts publication, de-recognition for false returns). 28. Defectors (individual/group) from party/alliance must resign from Parliament/assembly seats, contest fresh elections. 29. Defectors debarred from public office (minister/remunerative political post) for remaining term or until next elections. 30. Defector’s vote to topple government invalid. 31. Power to decide disqualification on defection grounds vested in Election Commission (not Speaker/Chairman). 32. National Judicial Commission for SC judges appointment. 33. Retirement age of HC/SC judges increased. 34. No court other than SC/HC can punish for contempt. 35. Only SC/HC can declare laws unconstitutional. 36. National Judicial Council & Judicial Councils in States for plans/budgets. 37. SC/HC judgments delivered within 90 days. 38. Exemplary costs for abuse of process of law. 39. HC prepare strategic plan for arrears clearance. 40. Plea-bargaining introduced. 41. Subordinate courts hierarchy brought down to two-tier. 42. SC/HC benches for SCs/STs on benches. | ||
| 16. Inter-State Relations | Inter-State Water Disputes | Article 262 | - Constitution provides for adjudication of inter-state water disputes. - 2 provisions: (i) Parliament can provide by law for adjudication of any dispute/complaint on use/distribution/control of inter-state river/river valley. (ii) Parliament can provide neither SC nor any other court has jurisdiction over such disputes. - Parliament enacted: River Boards Act (1956) (establishment of river boards for regulation/development) & Inter-State River Water Disputes Act (1956) (establishment of ad hoc tribunal). - Tribunal decision final & binding. - SC/HC no jurisdiction. - Central government set up several tribunals. Names, years, states involved in Table 16.1. |
| Inter-State Councils | Article 263 | - Contemplates establishment of Inter-State Council to effect coordination between states & between Centre & states. - President can establish if public interest served. - President can define duties, organization, procedure. - Duties specified in Art 263: (a) Inquiring into & advising on disputes between states. (b) Investigating & discussing subjects of common interest (Centre, states). (c) Making recommendations for better coordination of policy & action. - Council’s function to inquire/advise is complementary to SC’s jurisdiction (Art 131). - Council can deal with legal/non-legal controversies; function advisory, not binding. - President established councils for coordination: Central Council of Health & Family Welfare, Central Council of Local Government, 4 Regional Councils for Sales Tax. - Sarkaria Commission (1983-88) made strong case for permanent Inter-State Council. - Janata Dal GoI (V.P. Singh) established Inter-State Council in 1990. - Members: PM (Chairman), CMs of all states, CMs of UTs with legislative assemblies, Governors of states under President’s rule, 6 Central cabinet ministers (including Home Minister), 5 Ministers of Cabinet rank/Minister of State (independent charge) nominated by Chairman (permanent invitees). - Council is recommendatory body on inter-state, Centre-state, Centre-UT relations. - Aims: promote coordination, examine/discuss/deliberate on issues. - Duties: investigate/discuss common interest subjects; recommend for policy/action coordination; deliberate on other general interest matters. - Meets at least thrice a year. Meetings in camera, decisions by consensus. - Standing Committee of Council (1996) for continuous consultation/processing. - Assisted by secretariat (Inter-State Council Secretariat, 1991). Also secretariat for Zonal Councils. | |
| Public Acts, Records and Judicial Proceedings | Article 261 | - Constitution ensures recognition of public acts/records/judicial proceedings across states. - State jurisdiction confined to its territory. - ‘Full Faith and Credit’ clause: (i) Full faith & credit throughout India to public acts, records, judicial proceedings of Centre & every state. (ii) Manner & conditions for proving/determining effect of acts/records/proceedings provided by Parliament laws. (iii) Final judgments/orders of civil courts executable anywhere in India (no fresh suit needed). Applies to civil judgments, not criminal. | |
| Inter-State Trade and Commerce | Articles 301-307 | - Article 301: declares trade, commerce, intercourse throughout India shall be free. - Object: break down border barriers, create one unit, encourage free flow. - Freedom extends to intra-state & inter-state trade. - Freedom subject to restrictions in Art 302-305. - Restrictions: (i) Parliament can impose restrictions on freedom of trade/commerce/intercourse (between states or within state) in public interest. Cannot give preference to one state or discriminate (except for scarcity of goods). (ii) State legislature can impose reasonable restrictions on freedom of trade/commerce/intercourse (within state) in public interest. Bill requires President’s prior sanction. Cannot give preference or discriminate. (iii) State legislature can impose tax on goods imported from other states/UTs (if similar goods manufactured in state are taxed). Prohibits discriminatory taxes. (iv) Freedom subject to nationalization laws (State can carry on trade/business/industry/service itself, complete/partial exclusion of citizens). State not required to justify monopoly. - Parliament can appoint authority (Art 307) for purposes of Art 301-304 (not yet appointed). | |
| Zonal Councils | Establishment & Functions | - Statutory bodies (not constitutional). - Established by States Reorganisation Act (1956). - Divided country into 5 zones (Northern, Central, Eastern, Western, Southern). Provided zonal council for each. - Factors for zones: natural divisions, river systems, communication, cultural/linguistic affinity, economic development, security, law/order. - Members: Home Minister (Chairman), CMs of all states in zone, 2 other ministers from states in zone, Administrator of each UT in zone. - Advisors (non-voting): NITI Aayog nominee, Chief Secretaries of states in zone, Development Commissioner of states in zone. - Deliberative & advisory bodies. - Objectives/functions: • Achieve emotional integration. • Arrest growth of state-consciousness, regionalism, linguism, particularistic trends. • Remove after-effects of separation (reorganization, integration, economic advancement). • Enable Centre & states to cooperate in social/economic matters, exchange ideas. • Promote successful/speedy execution of major development projects. • Secure political equilibrium between regions. - North-Eastern Council: created by North-Eastern Council Act (1971). Members: Assam, Manipur, Mizoram, Arunachal Pradesh, Nagaland, Meghalaya, Tripura, Sikkim (added 2002). Functions similar to zonal councils, but with additions (formulate unified/coordinated regional plan, review security/public order). - Zonal Councils in Table 16.2. | |
| 17. Emergency Provisions | National Emergency | Grounds of Declaration (Article 352) | - President can declare National Emergency if security of India/part threatened by war, external aggression, armed rebellion. - Can declare even before actual occurrence if imminent danger. - 38th Amendment Act (1975): declaration of NE immune from judicial review. (Deleted by 44th Amendment Act 1978). - Minerva Mills case (1980): SC ruled NE proclamation can be challenged on grounds of malafide, irrelevant facts, absurd/perverse. - ‘External Emergency’: war, external aggression. - ‘Internal Emergency’: armed rebellion (‘internal disturbance’ replaced by 44th Amendment Act 1978). - 38th Amendment Act (1975): President can issue different proclamations on different grounds simultaneously. - 42nd Amendment Act (1976): President can limit NE operation to specified part of India. - President can proclaim NE only after receiving written recommendation of Cabinet (44th Amendment Act 1978). (Before, PM could advise alone). - Declarations made so far: 3 times (1962 (Chinese aggression), 1971 (Pakistan attack), 1975 (internal disturbance)). |
| Parliamentary Approval and Duration | - Proclamation must be approved by both Houses of Parliament within 1 month of issue (originally 2 months, reduced by 44th Amendment Act 1978). - If LS dissolved/dissolves within 1 month without approval: survives until 30 days from first sitting of reconstituted LS (if RS approves). - If approved: continues for 6 months. - Can be extended indefinitely by Parliament approval every 6 months. - 44th Amendment Act (1978): introduced periodic parliamentary approval. - Resolution approving/continuing NE: passed by special majority (majority of total membership + 2/3 members present & voting). (44th Amendment Act 1978). (Before, simple majority). - Revocation: President can revoke any time by subsequent proclamation (no parliamentary approval needed). - 44th Amendment Act (1978): Lok Sabha can pass resolution disapproving continuation (simple majority). If passed, President must revoke. (Before, LS had no control). Special sitting (1/10 members give written notice to Speaker/President) within 14 days for disapproval resolution. | ||
| Effects of National Emergency | - Drastic & wide-ranging effects on political system. - 3 categories: 1. Effect on Centre-state relations: Normal fabric changes. Centre can give executive directions to state on ‘any’ matter (normally specific matters). States under complete control (not suspended). Parliament can make laws on State List (state legislative power not suspended, but subject to Parliament’s overriding power). Constitution becomes unitary. Laws made by Parliament on state subjects become inoperative 6 months after emergency ceases. President can issue ordinances on state subjects if Parliament not in session. 2. Effect on life of Lok Sabha & State assembly: LS term extended beyond 5 years by Parliament law (1 year at a time, any length). Extension cannot continue beyond 6 months after emergency ceases. State assembly term extended similarly. (Example: Fifth LS extended twice). 3. Effect on Fundamental Rights: Art 358 & 359 describe effects. (a) Suspension of FRs under Art 19 (Art 358): Automatically suspended when NE proclaimed. State freed from Art 19 restrictions. State can make laws/executive actions abridging Art 19 rights. Law/action cannot be challenged for Art 19 inconsistency. Art 19 revives automatically when NE ceases. No remedy for past actions. 44th Amendment Act (1978) restricted scope: Art 19 suspended only for war/external aggression (not armed rebellion); only laws related to emergency protected, not other laws; executive action only under such law protected. (b) Suspension of other FRs (Art 359): President can suspend right to move court for enforcement of specified FRs (except Art 20 & 21). FRs not suspended, only enforcement. Suspension for NE duration or shorter period. Suspension order can extend to whole/part of country. Order must be laid before Parliament. State can make laws/executive actions abridging specified FRs. Law/action cannot be challenged for inconsistency. Law becomes inoperative when order ceases. No remedy for past actions. 44th Amendment Act (1978) restricted scope: President cannot suspend Art 20/21. Only laws related to emergency protected, not other laws; executive action only under such law protected. - Distinction between Articles 358 and 359 in Table 17.7. | ||
| President’s Rule | Grounds of Imposition (Article 356) | - Art 355: Centre’s duty to protect states against external aggression/internal disturbance, ensure governance according to Constitution. - President’s Rule imposed under Art 356 for failure of constitutional machinery. - Popularly ‘State Emergency’ or ‘Constitutional Emergency’. - Proclaimed on 2 grounds: 1. Art 356: President satisfied state government cannot be carried on according to Constitution. President can act on governor’s report or otherwise. 2. Art 365: State fails to comply with/give effect to Centre’s directions. President can hold situation arose where state government cannot be carried on according to Constitution. - Imposed 125+ times since 1950. Often arbitrary, controversial. - First imposed in Punjab (1951). - Janata GoI (Morarji Desai, 1977) imposed in 9 Congress-ruled states (assemblies no longer represented electorate). - Congress GoI (Indira Gandhi, 1980) did same in 9 states. - BJP-ruled states (1992): imposed in MP, HP, Rajasthan (not implementing Centre’s ban on religious organizations). - S.R. Bommai case (1994): SC upheld validity of proclamation in MP, HP, Rajasthan. Upheld secularism as ‘basic feature’. Did not uphold in Nagaland, Karnataka, Meghalaya. - Dr. B.R. Ambedkar: hoped Art 356 would be ‘dead-letter’, used as last resort. - H.V. Kamath: ‘Dr. Ambedkar is dead and the Articles are very much alive’. - K.T. Shah: ‘chapter of reaction and retrogression’. - T.T. Krishnamachari: feared ‘constitutional dictatorship’. - H.N. Kunzru: ‘financial provisions pose serious threat’. | |
| Scope of Judicial Review | - 38th Amendment Act (1975): President’s satisfaction in invoking Art 356 final/conclusive, immune from judicial review. (Deleted by 44th Amendment Act 1978). - 44th Amendment Act (1978): implied President’s satisfaction not beyond judicial review. - S.R. Bommai case (1994): SC laid down propositions: 1. Proclamation subject to judicial review. 2. President’s satisfaction based on relevant material. Action struck down if based on irrelevant/extraneous/malafide/perverse grounds. 3. Burden on Union to prove relevant material existed. 4. Court cannot go into correctness/adequacy of material, only relevance. 5. If proclamation invalid, court can restore dismissed state government/revive suspended assembly. 6. State assembly dissolved only after Parliament approval. Until then, President can only suspend assembly. 7. Secularism is ‘basic feature’. Anti-secular politics liable to Art 356 action. 8. Question of state government losing confidence decided on floor of House. 9. New political party at Centre cannot dismiss ministries formed by other parties in states. 10. Art 356 is exceptional power, used occasionally. - Cases of Proper and Improper Use in Bommai case (1994). | ||
| Parliamentary Approval and Duration | - Proclamation must be approved by both Houses of Parliament within 2 months of issue. - If LS dissolved/dissolves within 2 months without approval: survives until 30 days from first sitting of reconstituted LS (if RS approves). - If approved: continues for 6 months. - Can be extended for max 3 years by Parliament approval every 6 months. - 44th Amendment Act (1978): introduced restraint on Parliament’s power to extend PR beyond 1 year. Beyond 1 year, extended only if: National Emergency in operation; EC certifies general elections cannot be held. - Resolution approving/continuing PR: passed by simple majority. - Revocation: President can revoke any time by subsequent proclamation (no parliamentary approval needed). | ||
| Consequences of President’s Rule | - President acquires extraordinary powers: 1. Take up functions of state government, powers of governor/executive authority. 2. Declare state legislature powers exercised by Parliament. 3. Take all necessary steps (suspend constitutional provisions relating to any body/authority in state). - President dismisses state council of ministers. Governor carries on administration with chief secretary/advisors. - President either suspends or dissolves state legislative assembly. - If state legislature suspended/dissolved: 1. Parliament can delegate law-making power for state to President/specified authority. 2. Parliament/delegate can make laws conferring powers/imposing duties on Centre/officers/authorities. 3. President can authorize expenditure from state Consolidated Fund pending Parliament sanction. 4. President can promulgate ordinances for state subjects if Parliament not in session. - Comparison of National Emergency and President’s Rule in Table 17.1. | ||
| Financial Emergency | Grounds of Declaration (Article 360) | - President can proclaim Financial Emergency if financial stability/credit of India/part threatened. - 38th Amendment Act (1975): President’s satisfaction final/conclusive, immune from judicial review. (Deleted by 44th Amendment Act 1978). - No Financial Emergency declared so far (even in 1991 crisis). | |
| Parliamentary Approval and Duration | - Proclamation must be approved by both Houses of Parliament within 2 months of issue. - If LS dissolved/dissolves within 2 months without approval: survives until 30 days from first sitting of reconstituted LS (if RS approves). - If approved: continues indefinitely until revoked (no maximum period, no repeated parliamentary approval). - Resolution approving FE: passed by simple majority. - Revocation: President can revoke any time by subsequent proclamation (no parliamentary approval needed). | ||
| Effects of Financial Emergency | - Consequences: 1. Centre can give executive directions to states (observe financial propriety, reduce salaries/allowances of state persons, reserve money bills for President). 2. President can issue directions for reduction of salaries/allowances of Union persons & SC/HC judges. - Articles related to Emergency Provisions in Table 17.2. | ||
| 18. President | Election of the President | Electoral College | - Articles 52-78 (Part V) deal with Union executive. - Union executive: President, Vice-President, PM, council of ministers, AG. - President: head of Indian State, first citizen, symbol of unity/integrity/solidarity. - President elected indirectly by electoral college. - Electoral college members: 1. Elected members of both Houses of Parliament. 2. Elected members of legislative assemblies of states. 3. Elected members of legislative assemblies of UTs of Delhi & Puducherry (added by 70th Constitutional Amendment Act 1992, effective June 1, 1995). - Not participating: Nominated members of Parliament, nominated members of state legislative assemblies, members (elected/nominated) of state legislative councils, nominated members of Delhi/Puducherry Legislative Assemblies. - 104th Constitutional Amendment Act (2019) discontinued nomination of Anglo-Indian members to LS & state assemblies (ceased Jan 25, 2020). - If assembly dissolved: members cease to vote in presidential election (even if fresh elections not held). - Constitution provides for uniformity in representation scale (different states) & parity (states as whole & Union). - Value of vote of MLA: (Total population of state / Total number of elected members in state legislative assembly) x 1000. - Value of vote of MP: (Total value of votes of all MLAs of all states / Total number of elected members of Parliament). - President’s election by proportional representation by means of single transferable vote. - Voting by secret ballot. - Candidate must secure absolute majority of votes. - Fixed quota of votes: (Total valid votes polled / (Number of candidates to be elected + 1)) + 1. - Voter indicates preferences (1, 2, 3, 4…). First preference votes counted. If quota met, elected. Else, transfer votes of least preferred candidate. - Doubts/disputes on election: inquired/decided by Supreme Court (decision final). - Election not challenged for incomplete electoral college. - If election declared void by SC: acts done by President before declaration not invalidated. - Critics: indirect election undemocratic. Defence: harmony with parliamentary system, avoids costly direct election, President is symbolic head, represents Union & states equally. - Presidential elections (1952-till now) in Table 18.1. - Presidential Election 2022 (Value of Votes) in Table 18.4. |
| Qualifications, Oath and Conditions | Qualifications for Election as President | - 4 qualifications: 1. Citizen of India. 2. Completed 35 years of age. 3. Qualified for election as Lok Sabha member. 4. Not hold any office of profit (under Union/state government, local authority, other public authority). - Sitting President/VP, Governor, Union/state minister not deemed to hold office of profit. - Nomination: subscribed by 50 electors as proposers & 50 electors as seconders. - Security deposit: ₹15,000 (forfeited if fails to secure 1/6 of votes polled). (Before 1997, 10 proposers/seconders, ₹2,500 deposit). | |
| Oath or Affirmation by the President | - Before office, President makes oath/affirmation. - Swears to: faithfully execute office; preserve, protect, defend Constitution & law; devote self to service/well-being of people. - Administered by Chief Justice of India (or seniormost SC judge). - Acting President/discharging functions also take same oath. | ||
| Conditions of President’s Office | - 5 conditions: 1. Not member of Parliament/state legislature. If elected, deemed to vacate seat. 2. Not hold any other office of profit. 3. Entitled to use official residence (Rashtrapati Bhavan) without rent. 4. Entitled to emoluments/allowances/privileges determined by Parliament. 5. Emoluments/allowances cannot be diminished during term. - Salary increased from ₹1.50 lakh to ₹5 lakh per month (2018). - Pension of retired President increased from ₹3 lakh to 50% of salary (2008). - Retired Presidents entitled to furnished residence, phone, car, medical treatment, secretarial staff, office expenses. - Spouse of deceased President entitled to family pension (50% of pension), furnished residence, phone, car. | ||
| Term, Impeachment and Vacancy | Term of President’s Office | - Holds office for 5 years from entry date. - Can resign by addressing letter to Vice-President. - Can be removed by impeachment for ‘violation of the Constitution’. - Holds office beyond 5 years until successor assumes charge. - Eligible for re-election (any number of terms). (Unlike USA, max 2 terms). | |
| Impeachment of President | - For ‘violation of the Constitution’ (meaning not defined). - Charges initiated by either House of Parliament. - Signed by 1/4 members of House framing charges. - 14 days notice to President. - Resolution passed by 2/3 majority of total membership of House framing charges. - Sent to other House (investigates charges). - President has right to appear/be represented. - If other House sustains charges & passes resolution by 2/3 majority of total membership, President removed from date of resolution. - Quasi-judicial procedure in Parliament. - Nominated members of Parliament can participate (unlike election). Elected members of state legislative assemblies & Delhi/Puducherry UTs cannot participate (unlike election). - No President impeached so far. | ||
| Vacancy in the President’s Office | - Can occur in 5 ways: 1. Expiry of 5-year tenure. 2. Resignation. 3. Removal by impeachment. 4. Death (2 Presidents died in office: Dr. Zakir Hussain, Fakhruddin Ali Ahmed). 5. Otherwise (disqualified, election void). - If vacancy by expiry: election held before term ends. - If vacancy by resignation/removal/death/otherwise: election held as soon as possible (within 6 months). - Newly-elected President remains for full 5-year term. - If office vacant (resignation/removal/death/otherwise): Vice-President acts as President until new President elected. - If sitting President unable to discharge functions (absence/illness/other cause): Vice-President discharges functions until President resumes. - If Vice-President office vacant: Chief Justice of India acts as President (or seniormost SC judge). (Example: M. Hidayatullah, CJI, acted as President). - Person acting as President enjoys all powers/immunities/emoluments/allowances/privileges of President. | ||
| Powers and Functions of the President | Executive Powers | - All executive actions of GoI formally in his name. - Can make rules for authentication of orders/instruments. - Can make rules for convenient transaction of GoI business, allocation among ministers. - Appoints PM & other ministers (hold office during his pleasure). - Appoints AG (determines remuneration, holds office during his pleasure). - Appoints CAG, CEC & other ECs, Chairman & members of UPSC, Governors, Chairman & members of Finance Commission. - Can seek information from PM on Union affairs, legislative proposals. - Can require PM to submit any matter (decision taken by minister, not considered by council) for council’s consideration. - Can appoint commission to investigate backward classes. - Can appoint Inter-State Council. - Directly administers UTs through administrators. - Can declare any area as scheduled area, has powers over administration of scheduled/tribal areas. - Nominates 2 Anglo-Indian members to Lok Sabha (discontinued 2020). - Decides questions of MP disqualification (in consultation with EC). - Prior recommendation/permission needed for certain bills. | |
| Legislative Powers | - Integral part of Parliament. - Can summon/prorogue Parliament, dissolve Lok Sabha. - Can summon joint sitting of both Houses (presided by Speaker). - Can address Parliament (first session after general election, first session of each year). - Can send messages to Houses (bills, other matters). - Can appoint any Lok Sabha member to preside if Speaker/Deputy Speaker vacant. - Can appoint any Rajya Sabha member to preside if Chairman/Deputy Chairman vacant. - Nominates 12 members to Rajya Sabha (special knowledge/practical experience). - Nominates 2 Anglo-Indian members to Lok Sabha (discontinued 2020). - Decides questions of MP disqualification (in consultation with EC). - Prior recommendation/permission needed for certain bills: (i) Bill involving expenditure from Consolidated Fund of India. (ii) Bill for alteration of state boundaries/creation of new state. (iii) Money bill. (iv) Bill affecting taxation in which states interested. (v) Bill varying meaning of ‘agricultural income’. (vi) Bill imposing surcharge on specified tax/duty. (vii) State bill imposing restrictions on trade/commerce. - Veto Power over Central Legislation: 3 alternatives for bill passed by Parliament: (i) Give assent (bill becomes Act). (ii) Withhold assent (bill ends). (iii) Return bill for reconsideration (if not money bill). If passed again, must give assent. - Absolute veto: withholding assent to bill. Exercised for private members’ bills, or government bills when cabinet resigns & new cabinet advises no assent. (Example: Dr. Rajendra Prasad withheld assent to PEPSU Appropriation Bill 1954; R. Venkataraman withheld assent to Salary, Allowances and Pension of Members of Parliament (Amendment) Bill 1991). - Suspensive veto: returning bill for reconsideration. Overridden by re-passage by ordinary majority. Not for money bills. - Pocket veto: taking no action on bill for indefinite period. (Example: Zail Singh exercised for Indian Post Office (Amendment) Bill 1986). - No veto power for constitutional amendment bills (24th Amendment Act 1971 made assent obligatory). - Veto Power over State Legislation: Governor reserves state bill for President’s consideration. President has 3 alternatives: (i) Give assent. (ii) Withhold assent. (iii) Direct governor to return bill for reconsideration (if not money bill). Not obligatory to give assent if passed again. - President can exercise pocket veto for state legislation. - Veto Power of the President in Table 18.2. | ||
| Financial Powers | - Money bills introduced in Parliament only with his prior recommendation. - Causes annual financial statement (Union Budget) to be laid before Parliament. - No demand for grant made except on his recommendation. - Can make advances from Contingency Fund of India for unforeseen expenditure. - Constitutes Finance Commission every 5 years (recommends revenue distribution). | ||
| Judicial Powers | - Appoints CJI & SC/HC judges. - Can seek advice from SC on law/fact (advice not binding). - Can grant pardon, reprieve, respite, remission, commute punishment/sentence: (i) All cases of punishment/sentence by court martial. (ii) All cases of punishment/sentence for Union law offence. (iii) All cases of death sentence. - Pardoning power independent of Judiciary. - Not a court of appeal. - Object: correct judicial errors, afford relief from harsh sentences. - Kehar Singh case (1988): SC examined pardoning power. Petitioner no right to oral hearing. President can examine evidence afresh. Power exercised on Union cabinet advice. No specific guidelines from SC. Not subject to judicial review except arbitrary/irrational/malafide/discriminatory. - Governor also has pardoning power (Art 161). Governor cannot pardon court martial sentences or death sentences (can suspend/remit/commute death sentence). | ||
| Diplomatic Powers | - Negotiates & concludes international treaties/agreements (subject to Parliament approval). - Represents India in international forums/affairs. - Sends & receives diplomats (ambassadors, high commissioners). | ||
| Military Powers | - Supreme commander of defense forces. - Appoints chiefs of Army, Navy, Air Force. - Can declare war or conclude peace (subject to Parliament approval). | ||
| Emergency Powers | - 3 types: National Emergency (Art 352), President’s Rule (Art 356 & 365), Financial Emergency (Art 360). | ||
| Constitutional Position of the President | Role in Parliamentary System | - Constitution provides for parliamentary government. - President is nominal executive; real executive is council of ministers headed by PM. - President exercises powers/functions with aid & advice of council of ministers. - Dr. B.R. Ambedkar: ‘President of the Union… title reminds of US President… beyond identity of names… symbolic head… bound by advice of ministers’. - 42nd Amendment Act (1976): made President bound by council of ministers’ advice. - 44th Amendment Act (1978): authorized President to require reconsideration of advice (but reconsidered advice is binding). - Situational discretion (without ministers’ advice): (i) Appointment of PM when no party has clear majority in LS or PM dies suddenly with no obvious successor. (ii) Dismissal of council of ministers when it cannot prove confidence of LS. (iii) Dissolution of LS if council of ministers has lost its majority. - Articles related to President in Table 18.3. | |
| 19. Vice-President | Election | Electoral College | - Second highest office. - Rank next to President in warrant of precedence. - Modeled on American VP. - Elected indirectly by electoral college. - Electoral college members: members of both Houses of Parliament (elected & nominated). - Different from President’s electoral college: VP’s college includes nominated members of Parliament; does not include state legislative assembly members. - Dr. B.R. Ambedkar: justified difference (VP’s normal function is RS Chairman, temporary acting President; no need for state voice). - Election manner same as President (proportional representation by single transferable vote, secret ballot). - Doubts/disputes on election: inquired/decided by Supreme Court (decision final). - Election not challenged for incomplete electoral college. - If election declared void by SC: acts done by VP before declaration not invalidated. - Vice-Presidential elections (1952-till now) in Table 19.1. |
| Qualifications, Oath and Conditions | Qualifications | - 4 qualifications: 1. Citizen of India. 2. Completed 35 years of age. 3. Qualified for election as Rajya Sabha member. 4. Not hold any office of profit. - Sitting President/VP, Governor, Union/state minister not deemed to hold office of profit. - Nomination: subscribed by 20 electors as proposers & 20 electors as seconders. - Security deposit: ₹15,000 (forfeited if fails to secure 1/6 of votes polled). | |
| Oath or Affirmation | - Before office, VP makes oath/affirmation. - Swears to: bear true faith & allegiance to Constitution; faithfully discharge duties. - Administered by President (or person appointed by him). | ||
| Conditions | - 2 conditions: 1. Not member of Parliament/state legislature. If elected, deemed to vacate seat. 2. Not hold any other office of profit. - Entitled to emoluments/allowances/privileges determined by Parliament. - Draws regular salary in capacity as ex-officio Chairman of Rajya Sabha. - Salary of Chairman of RS increased from ₹1.25 lakh to ₹4 lakh per month (2018). - Pension of retired VP increased from ₹20,000 to 50% of salary (2008). - Entitled to daily allowance, free furnished residence, medical, travel facilities. - If acting as President: entitled to President’s salary/allowance, not RS Chairman’s. | ||
| Term and Vacancy | Term of Office | - Holds office for 5 years from entry date. - Can resign by addressing letter to President. - Can be removed by resolution passed by Rajya Sabha (effective majority) & agreed to by Lok Sabha (simple majority). - Resolution introduced only in RS (14 days advance notice). - No ground mentioned in Constitution for removal. - Holds office beyond 5 years until successor assumes charge. - Eligible for re-election (any number of terms). | |
| Vacancy in Office | - Can occur in 5 ways: 1. Expiry of 5-year tenure. 2. Resignation. 3. Removal. 4. Death (Krishnan Kant first VP to die in office). 5. Otherwise (disqualified, election void). - If vacancy by expiry: election held before term ends. - If vacancy by resignation/removal/death/otherwise: election held as soon as possible. - Newly-elected VP remains for full 5-year term. | ||
| Powers and Functions | Two-fold Functions | - 2 functions: 1. Acts as ex-officio Chairman of Rajya Sabha. Powers/functions similar to Speaker of Lok Sabha. Resembles American VP (also Senate Chairman). 2. Acts as President when vacancy occurs (resignation, impeachment, death, otherwise) or when President unable to discharge functions (absence, illness, other cause). - Can act as President for max 6 months (until new President elected). - Constitution has not assigned significant function to VP in that capacity. - Some scholars call him ‘His Superfluous Highness’. - Office created to maintain political continuity. | |
| Indian and American Vice-Presidents Compared | Differences | - Indian VP office modeled on American VP, but differences. 1. Succession to Presidency: American VP succeeds to presidency & remains for unexpired term. Indian VP does not succeed, merely acts as President until new President assumes charge. 2. Functions: Indian VP has no significant function in that capacity (‘superfluous’). American VP is important. | |
| 20. Prime Minister | Appointment of the Prime Minister | Procedure | - Constitution does not contain specific procedure for selection/appointment of PM. - Article 75: PM appointed by President. - Convention: President appoints leader of majority party in Lok Sabha as PM. - If no clear majority: President exercises personal discretion (appoints leader of largest party/coalition, asks to seek confidence vote within 1 month). (Example: Neelam Sanjiva Reddy appointed Charan Singh 1979). - If PM in office dies suddenly with no obvious successor: President exercises individual judgment. (Example: Zail Singh appointed Rajiv Gandhi 1984, ignoring caretaker precedent). - Delhi High Court: Constitution does not require PM to prove majority before appointment. President can appoint first, then ask to prove majority within reasonable period. (Example: Charan Singh 1979, V.P. Singh 1989, Chandrasekhar 1990, P.V. Narasimha Rao 1991, Deve Gowda 1996, A.B. Vajpayee 1996/1998). - If ruling party elects new leader on death of incumbent PM, President has no choice but to appoint. - Chief Ministers who became Prime Ministers in Table 20.1. |
| Oath, Term and Salary | Oath of Office and Secrecy | - Before office, President administers oaths of office & secrecy. - Oath of office: swear to bear true faith/allegiance to Constitution, uphold sovereignty/integrity, faithfully discharge duties, do right to all people without fear/favor/affection/ill will. - Oath of secrecy: swear not to directly/indirectly communicate/reveal matters brought under consideration or known as Union minister, except as required for duties. | |
| Term | - Term not fixed; holds office during pleasure of the President. - Not mean President can dismiss any time. PM stays as long as enjoys majority support in Lok Sabha. - If loses confidence of LS: must resign or President can dismiss. - Examples: V.P. Singh 1990, Deve Gowda 1997 resigned after defeat. - Articles related to Prime Minister in Table 20.1. | ||
| Salary | - Determined by Parliament from time to time. - Gets salary/allowances payable to MP. - Additionally: sumptuary allowance, free accommodation, traveling allowance, medical facilities. - Sumptuary allowance increased from ₹1,500 to ₹3,000 per month (2001). | ||
| Powers and Functions of the Prime Minister | In Relation to Council of Ministers | - As head of Union council of ministers: 1. Recommends persons for appointment as ministers (President appoints only recommended persons). 2. Allocates & reshuffles portfolios. 3. Can ask minister to resign or advise President to dismiss (for difference of opinion). 4. Presides over council meetings, influences decisions. 5. Guides, directs, controls, coordinates activities of all ministers. 6. Can bring about collapse of council by resigning (resignation/death of PM dissolves council, creates vacuum). Resignation/death of other minister creates vacancy only. | |
| In Relation to the President | - 2 functions: 1. Principal channel of communication between President & council of ministers (Art 78). Duty to: communicate all council decisions (Union affairs, legislative proposals); furnish information President calls for; submit any matter (decision by minister, not considered by council) for council’s consideration if President requires. 2. Advises President on appointment of important officials (AG, CAG, CEC & other ECs, UPSC Chairman & members, Governors, Finance Commission Chairman & members). | ||
| In Relation to Parliament | - Leader of Lower House. 1. Advises President on summoning/proroguing Parliament sessions. 2. Can recommend dissolution of Lok Sabha to President any time. 3. Announces government policies on floor of House. | ||
| Other Powers & Functions | - Various other roles: 1. Chairman of NITI Aayog (succeeded Planning Commission), National Integration Council, Inter-State Council, National Water Resources Council. 2. Plays significant role in shaping foreign policy. 3. Chief spokesman of Union government. 4. Crisis manager-in-chief at political level during emergencies. 5. Leader of the nation (meets people, receives memoranda). 6. Leader of the party in power. 7. Political head of the services. - Dr. B.R. Ambedkar: ‘If any functionary under our constitution is to be compared with the US President, he is the Prime Minister’. | ||
| Role Descriptions | Comments by Experts | - Comments by political scientists/constitutional experts on British PM’s role also apply to Indian PM. - Lord Morely: ‘primus inter pares’ (first among equals), ‘key stone of the cabinet arch’. - Herbert Marrison: ‘primus inter pares’. - Sir William Vernor Harcourt: ‘inter stellas luna minores’ (moon among lesser stars). - Jennings: ‘sun around which planets revolve’, ‘key-stone of the constitution’. - H.J. Laski: ‘central to its formation, central to its life, and central to its death’, ‘pivot around which the entire governmental machinery revolves’. - H.R.G. Greaves: ‘master of the country’, ‘master of the Government’. - Munro: ‘captain of the ship of the state’. - Ramsay Muir: ‘steersman of steering wheel of the ship of the state’. - R.H. Crossman: ‘post-war epoch has been the final transformation of cabinet government into Prime Ministerial government’. - Humphrey Berkely: ‘Parliament is not, in practice, sovereign. The parliamentary democracy has now collapsed… super-ministerial powers of the Prime Minister’. | |
| Relationship with the President | Constitutional Provisions | - Constitution deals with relationship between President & PM: 1. Art 74: Council of ministers (PM head) to aid & advise President (President acts on advice). President can require reconsideration (reconsidered advice binding). 2. Art 75: PM appointed by President; other ministers appointed by President on PM’s advice. Ministers hold office during President’s pleasure. Council collectively responsible to Lok Sabha. 3. Art 78: PM’s duty to: communicate all council decisions (Union affairs, legislative proposals); furnish information President calls for; submit any matter (decision by minister, not considered by council) for council’s consideration if President requires. | |
| Chief Ministers Who Became Prime Ministers | List | - 6 people: Morarji Desai, Charan Singh, V.P. Singh, P.V. Narasimha Rao, H.D. Deve Gowda, Narendra Modi. - Morarji Desai: CM of erstwhile Bombay State (1952-56), first non-Congress PM (March 1977). - Charan Singh: CM of undivided UP (1967-68, 1970). - V.P. Singh: from UP, PM of National Front government (Dec 1989-Nov 1990). - P.V. Narasimha Rao: first PM from South India, CM of Andhra Pradesh (1971-73). - H.D. Deve Gowda: CM of Karnataka. - Narendra Modi: CM of Gujarat (2001-2014). | |
| Caretaker Government | Meaning & Limited Role | - Constitution has no provision for caretaker government; situational arrangement, functional necessity. - Meaning: 1. Creation after dissolution of popular Parliament chamber & termination with new ministry after general election. 2. Status of council of ministers that resigned (lost confidence) but asked by President to continue until alternative arrangements. - Limited role: manages routine activities only. Not expected to make significant policy decisions or initiate new measures/schemes (except national security/interest). - Tarkunde Committee (1974-75) recommendations: caretaker government should not initiate new policies, promise/start new projects, grant allowances/loans, salary increases, hold official functions attended by ministers. - Calcutta High Court (1979): no mention of caretaker government in Constitution, but extraordinary situation calls for it. PM & Council can carry on day-to-day administration. - Rajeev Dhavan: ‘caretaker Prime Ministers constrained… normal channel of accountability through Parliament does not exist… government does not abuse its position to gain electoral advantage’. | |
| 21. Central Council of Ministers | Constitutional Provisions | Articles 74, 75, 77, 78, 88 | - Constitution provides for parliamentary system. - Council of ministers (PM head) is real executive authority. - Principles of parliamentary system not detailed, but Art 74, 75 deal with them. - Article 74 (Council of Ministers to aid and advise President): 1. Council of ministers (PM head) to aid & advise President (President acts on advice). President can require reconsideration (reconsidered advice binding). 2. Advice tendered by Ministers not inquired into in any court. - Article 75 (Other Provisions as to Ministers): 1. PM appointed by President; other ministers appointed by President on PM’s advice. 2. Total number of ministers (including PM) not to exceed 15% of total strength of Lok Sabha (added by 91st Amendment Act 2003). 3. MP disqualified on defection also disqualified to be minister (added by 91st Amendment Act 2003). 4. Ministers hold office during pleasure of the President. 5. Council of ministers collectively responsible to Lok Sabha. 6. President administers oaths of office & secrecy. 7. Minister not MP (either house) for 6 consecutive months ceases to be minister. 8. Salaries/allowances determined by Parliament. - Article 77 (Conduct of Business of the Government of India): 1. All executive action of GoI expressed in President’s name. 2. Orders/instruments authenticated as prescribed by rules. 3. President makes rules for convenient transaction of GoI business, allocation among ministers. - Article 78 (Duties of Prime Minister): PM’s duty to communicate decisions/information to President. - Article 88 (Rights of Ministers as Respects the Houses): Minister has right to speak/take part in proceedings of either House, joint sitting, committee (without voting right). |
| Nature of Advice by Ministers | Binding Nature | - Art 74: council of ministers (PM head) to aid & advise President. - 42nd Amendment Act (1976): made advice binding on President. - 44th Amendment Act (1978): President can require reconsideration (reconsidered advice binding). - Nature of advice not inquired into in any court (emphasizes intimate/confidential relationship). - U.N.R. Rao case (1971): SC held council of ministers does not cease to hold office even after LS dissolution. Art 74 mandatory. President cannot exercise executive power without council’s aid/advice (unconstitutional). - Shamsher Singh case (1974): SC held President acts on council’s aid/advice (not personal satisfaction), except in discretionary spheres. | |
| Appointment of Ministers | Procedure | - PM appointed by President. - Other ministers appointed by President on PM’s advice. - President appoints only persons recommended by PM. - Usually MPs (LS or RS) appointed ministers. - Person not MP can be minister for 6 months (must become MP within 6 months). | |
| Oath and Salary of Ministers | Oath of Office and Secrecy | - Before office, President administers oaths of office & secrecy. - Oath of office: swear to bear true faith/allegiance to Constitution, uphold sovereignty/integrity, faithfully discharge duties, do right to all people without fear/favor/affection/ill will. - Oath of secrecy: swear not to directly/indirectly communicate/reveal matters brought under consideration or known as Union minister, except as required for duties. - Devi Lal case (1990): SC upheld oath taken by Deputy PM as valid, stating description is descriptive only and does not confer PM powers. | |
| Salary | - Determined by Parliament from time to time. - Get salary/allowances payable to MP. - Additionally: sumptuary allowance, free accommodation, traveling allowance, medical facilities. - Sumptuary allowance increased for PM (₹1,500 to ₹3,000), cabinet minister (₹1,000 to ₹2,000), minister of state (₹500 to ₹1,000), deputy minister (₹300 to ₹600) (2001). | ||
| Responsibility of Ministers | Collective Responsibility | - Fundamental principle of parliamentary system. - Art 75: council of ministers collectively responsible to Lok Sabha. - All ministers own joint responsibility for acts. - Work as team, swim/sink together. - No-confidence motion against council in LS: all ministers resign (including RS ministers). - Council can advise President to dissolve Lok Sabha if House does not represent electorate. - S.R. Maheshwari: ‘collective responsibility can be achieved only through the instrumentality of the Prime Minister’. | |
| Individual Responsibility | - Art 75: ministers hold office during pleasure of the President. - President can remove minister even if council has confidence of LS. - President removes minister only on PM’s advice. - If PM has difference of opinion/dissatisfaction with minister: can ask minister to resign or advise President to dismiss. - PM ensures collective responsibility through this power. - Dr. B.R. Ambedkar: ‘unless and until we create that office and endow that office with statutory authority to nominate and dismiss ministers, there can be no collective responsibility’. - No Legal Responsibility: Unlike Britain (King’s orders countersigned, minister liable), India has no system of legal responsibility. President’s orders not countersigned. Courts barred from inquiring into ministerial advice. | ||
| Composition of the Council of Ministers | Categories of Ministers | - Constitution does not specify size/ranking of ministers. - Determined by PM according to exigencies. - 3 categories: 1. Cabinet Ministers: head important ministries (home, defense, finance, external affairs). Members of cabinet, attend meetings, play important role in policy decisions. Responsibilities extend over entire state government. 2. Ministers of State: independent charge of ministries/departments, or attached to cabinet ministers (charge of departments or specific items of work). Not cabinet members, do not attend cabinet meetings (unless invited). 3. Deputy Ministers: not independent charge. Attached to cabinet ministers, assist in administrative, political, parliamentary duties. Not cabinet members, do not attend cabinet meetings. - Sometimes includes Deputy Prime Minister (appointed for political reasons). - Parliamentary Secretaries: not members of council of ministers. Appointed by PM. No department. | |
| 22. Cabinet Committees | Features of Cabinet Committees | Characteristics | - Cabinet works through committees. - Features: 1. Extra-constitutional: not mentioned in Constitution. Rules of Business provide for establishment. 2. Two types: Standing (permanent, continuous) & Ad hoc (temporary, disbanded after task). 3. Set up by PM according to exigencies. 4. Number, nomenclature, composition varies. 5. Membership varies; usually only Cabinet Ministers. Non-cabinet ministers can be members/special invitees. 6. Mostly headed by PM. Other senior Cabinet Ministers can be Chairman. If PM is member, he presides. 7. Sort out issues, formulate proposals, take decisions. Cabinet can review decisions. 8. Organizational device to reduce workload, facilitate in-depth examination, effective coordination. Based on division of labor, delegation. - Emergency Committee (1962) example of ad hoc. |
| List of Cabinet Committees | Functional Committees | - 8 functional committees presently: 1. Cabinet Committee on Political Affairs. 2. Cabinet Committee on Economic Affairs. 3. Appointments Committee of the Cabinet. 4. Cabinet Committee on Parliamentary Affairs. 5. Cabinet Committee on Security. 6. Cabinet Committee on Accommodation. 7. Cabinet Committee on Investment and Growth. 8. Cabinet Committee on Employment and Skill Development. - Cabinet Committee on Political Affairs is most powerful (‘Super-Cabinet’). | |
| Functions of Cabinet Committees | Roles | - Functions: 1. Cabinet Committee on Political Affairs: deals with domestic & foreign policy. 2. Cabinet Committee on Economic Affairs: directs & coordinates economic activities. 3. Appointments Committee of the Cabinet: decides higher level appointments (Central Secretariat, Public Enterprises, Banks, Financial Institutions). 4. Cabinet Committee on Parliamentary Affairs: looks after government business in Parliament. 5. Cabinet Committee on Security: deals with defense, law & order, internal security, atomic energy. 6. Cabinet Committee on Accommodation: deals with government accommodation for MPs, central government employees, others. 7. Cabinet Committee on Investment and Growth: deals with policy to accelerate capital inflows, export promotion, import substitution, ease of doing business. 8. Cabinet Committee on Employment and Skill Development: deals with skills development, employability, women workforce participation. - Second Administrative Reforms Commission (2005-2009) observations on GoMs: large number resulted in delays; selective use with time limits helpful; need to ensure effective coordination. | |
| Groups of Ministers | GoMs | - Besides cabinet committees, several Groups of Ministers (GoMs) constituted for different issues/subjects. - Some GoMs empowered to take decisions on behalf of Cabinet; others make recommendations. - Viable & effective instrument of coordination among ministries. - Ad hoc bodies for emergent issues/critical problems. - Ministers heading concerned ministries inducted; disbanded when advice crystallized. - Second Administrative Reforms Commission (2005-2009) observations on GoMs: large number resulted in delays; selective use with time limits helpful; need to ensure effective coordination. | |
| 23. Parliament | Organisation of Parliament | Structure | - Legislative organ of Union government. - Pre-eminent & central position due to parliamentary form of government (‘Westminster’ model). - Articles 79-122 (Part V) deal with organization, composition, duration, officers, procedures, privileges, powers. - Parliament of India consists of 3 parts: President, Council of States (Rajya Sabha), House of the People (Lok Sabha). - 1954: Hindi names ‘Rajya Sabha’ & ‘Lok Sabha’ adopted. - Rajya Sabha: Upper House (Second Chamber/House of Elders). Represents states & UTs. - Lok Sabha: Lower House (First Chamber/Popular House). Represents people of India. - President is integral part of Parliament (assent to bills, summons, prorogues, dissolves LS, addresses Houses, issues ordinances). - Framers relied on British pattern (President-in-Parliament like Crown-in-Parliament). Unlike American (President not part of Congress). - Parliamentary system emphasizes interdependence of legislative & executive organs. |
| Composition of the Two Houses | Composition of Rajya Sabha | - Maximum strength: 250. - 238 representatives of states & UTs (indirectly elected). - 12 nominated by President (special knowledge/practical experience in art, literature, science, social service). - Present strength: 245 (225 states, 8 UTs, 12 nominated). - Fourth Schedule: deals with allocation of seats to states & UTs. - Representation of States: Elected by elected members of state legislative assemblies (proportional representation, single transferable vote). Seats allotted based on population (varies state to state). (Example: UP 31, Tripura 1). Unlike USA Senate (100 members, 2 from each state). - Representation of Union Territories: Indirectly elected by electoral college specially constituted. Proportional representation, single transferable vote. Only 3 UTs (Delhi, Puducherry, Jammu & Kashmir) have representation. Others too small. - Nominated Members: President nominates 12 (art, literature, science, social service). Rationale: provide eminent persons place without election. American Senate has no nominated members. | |
| System of Elections to Lok Sabha | Territorial Constituencies | - Various aspects of LS elections. - For direct elections, each state divided into territorial constituencies. - Constitution makes 2 provisions: 1. Each state allotted seats in LS such that ratio of seats to population is same for all states (not for states with population < 6 million). 2. Each state divided into territorial constituencies such that ratio of population to seats is same throughout state. - Ensures uniformity of representation (between states, within state). - ‘Population’ means population ascertained at preceding census. - Readjustment after each Census: After every census, readjustment of LS seats allocation to states & division of states into territorial constituencies. Parliament determines authority & manner. - Parliament enacted: Delimitation Commission Acts (1952, 1962, 1972, 2002). - 42nd Amendment Act (1976): froze LS seats allocation & division of states till 2000 (1971 census level). Extended for 25 years (till 2026) by 84th Amendment Act (2001) (objective: encourage population limiting). - 84th Amendment Act (2001): empowered GoI to undertake readjustment/rationalization of territorial constituencies based on 1991 census. - 87th Amendment Act (2003): provided for delimitation based on 2001 census (not 1991), without altering total seats. - Reservation of Seats for SCs & STs: Constitution abandoned communal representation, but provides reservation for SCs/STs in LS based on population ratios. - Originally 10 years (till 1960); extended continuously by 10 years each time. Now till 2030 (104th Amendment Act 2019). - Reserved seats elected by all voters in constituency (no separate electorate). SC/ST member can contest general seat. - 84th Amendment Act (2001): refixed reserved seats based on 1991 census. - 87th Amendment Act (2003): refixed reserved seats based on 2001 census. - State-wise reservation in Table 23.5. | |
| First-Past-The-Post System | - Constitution adopted territorial representation (First-Past-The-Post system) for LS members, not proportional representation. - In FPTP, every member represents geographical area (constituency). One representative elected from each. Candidate with majority votes elected. - Simple majority system does not represent whole electorate, does not secure due representation to minorities. - Proportional representation aims to remove FPTP defects (all sections get representation). - Two kinds of proportional representation: single transferable vote system, list system. - India adopted single transferable vote for RS & President/VP elections. - Constituent Assembly advocated proportional representation for LS, but rejected due to: difficulty for voters (complicated, low literacy), unsuitability for parliamentary government (multiplies parties, instability). - Proportional representation demerits: highly expensive, no by-elections, no intimate contacts between voters/representatives, promotes minority thinking/group interests, increases party system significance, decreases voter significance. | ||
| Duration of Two Houses | Duration of Rajya Sabha | - First constituted 1952. - Continuing chamber: permanent body, not subject to dissolution. - 1/3 members retire every 2 years. - Seats filled by fresh elections & Presidential nominations at beginning of every 3rd year. - Retiring members eligible for re-election/renomination. - Constitution not fixed term of office for RS members; left to Parliament. - Representation of People Act (1951): fixed term of office as 6 years. - President can curtail term of members chosen in first RS (by lottery). - President authorized to make provisions for retirement order. | |
| Duration of Lok Sabha | - Not a continuing chamber. - Normal term: 5 years from first meeting after general elections. - Automatically dissolves after 5 years. - President authorized to dissolve LS any time (even before 5 years); cannot be challenged in court. - Term extended during National Emergency by Parliament law (1 year at a time, any length). Extension cannot continue beyond 6 months after emergency ceases. - Durations of Lok Sabha in Table 23.6. | ||
| Membership of Parliament | Qualifications | - Constitution lays down 4 qualifications: 1. Citizen of India. 2. Oath/affirmation before person authorized by EC (swear to true faith/allegiance to Constitution, uphold sovereignty/integrity, faithfully discharge duty). 3. Not less than 30 years for RS, 25 years for LS. 4. Possess other qualifications prescribed by Parliament. - Parliament laid down additional qualifications in Representation of People Act (1951): 1. Registered as elector for parliamentary constituency (same for RS & LS). (Requirement for RS candidate to be elector in state removed 2003, upheld by SC 2006). 2. Member of SC/ST if contesting reserved seat (can contest general seat too). | |
| Disqualifications | - Under Constitution, disqualified if: 1. Holds any office of profit (under Union/state government, except minister or exempted office). 2. Of unsound mind (declared by court). 3. Undischarged insolvent. 4. Not citizen of India, or voluntarily acquired foreign citizenship, or under acknowledgement of allegiance to foreign state. 5. Disqualified by any law made by Parliament. - Parliament laid down additional disqualifications in Representation of People Act (1951): 1. Found guilty of certain electoral offences/corrupt practices. 2. Convicted for offence resulting in 2+ years imprisonment (PD not disqualification). 3. Failed to lodge election expenses account. 4. Has interest in government contracts/works/services. 5. Not director/managing agent or holds office of profit in corporation with 25%+ government share. 6. Dismissed from government service for corruption/disloyalty. 7. Convicted for promoting enmity between groups or bribery. 8. Punished for preaching/practicing social crimes (untouchability, dowry, sati). - Question of disqualification: President’s decision final (obtains EC opinion). - Disqualification on Ground of Defection: Constitution lays down disqualification if disqualified on defection under Tenth Schedule. 1. Political Parties: Voluntarily gives up party membership; or votes/abstains contrary to party direction without prior permission/condonation within 15 days. 2. Independent Members: Joins any political party after election. 3. Nominated Members: Joins any political party after 6 months of taking seat. - Question of disqualification under Tenth Schedule decided by Chairman (RS) or Speaker (LS) (not President). - Kihoto Hollohan case (1992): SC ruled Speaker/Chairman decision subject to judicial review. - 91st Amendment Act (2003): omitted exception provision (disqualification not apply in case of split by 1/3 members). Defectors no more protection on splits. | ||
| Vacating of Seats | - Member vacates seat in 5 cases: 1. Double Membership: Cannot be member of both Houses of Parliament simultaneously. Representation of People Act (1951) provides: intimate choice within 10 days; if sitting member elected to other House, first seat vacant; if elected to 2 seats in same House, choose one, else both vacant. Cannot be member of Parliament & state legislature simultaneously. 2. Disqualification: If disqualified under Constitution. 3. Resignation: Resigns by writing to Chairman (RS) or Speaker (LS). Seat vacant when resignation accepted (Chairman/Speaker can refuse if not voluntary/genuine). 4. Absence: Absent from all meetings for 60 days without permission (no account taken of prorogation/adjournment > 4 consecutive days). 5. Other cases: Election declared void by court; expelled by House; elected President/VP; appointed Governor. | ||
| Oath or Affirmation | - Every member, before seat, makes oath/affirmation before President/person appointed by him. - Swears to: true faith/allegiance to Constitution; uphold sovereignty/integrity; faithfully discharge duty. - Without oath, cannot vote/participate, not eligible for privileges/immunities. - Penalty: ₹500 per day for sitting/voting without oath, or disqualified, or prohibited. | ||
| Salaries and Allowances | - Determined by Parliament from time to time. - No provision of pension in Constitution (Parliament provided pension 1976). - Salary, Allowances and Pension of Members of Parliament Act (1954). - Salary increased from ₹50,000 to ₹1 lakh per month (2018). - Constituency allowance increased from ₹45,000 to ₹70,000. - Office expenses allowance from ₹45,000. - Pension of MP increased from ₹20,000 to ₹25,000 per month (2018). Additional pension of ₹2,000 per month for every year served beyond 5 years. - Salaries/allowances of Speaker/Deputy Speaker (LS), Chairman/Deputy Chairman (RS) determined by Parliament, charged on Consolidated Fund of India (not subject to vote). - Officers of Parliament (Speaker, Deputy Speaker, Chairman, Deputy Chairman) get salary of MP. Other officers get daily allowance. - Speaker/Deputy Speaker (LS), Chairman/Deputy Chairman (RS) get sumptuary allowance (Speaker LS: same as Cabinet Minister; Deputy Speaker LS/Deputy Chairman RS: same as Minister of State). | ||
| Presiding Officers of Parliament | Speaker of Lok Sabha | - Each House has own presiding officer (Speaker/Deputy Speaker for LS, Chairman/Deputy Chairman for RS). - Panel of chairpersons for LS, panel of vice-chairpersons for RS. - Election & Tenure: Elected by LS members (after first sitting). Date fixed by President. Usually remains in office for LS life. Vacates office earlier if: ceases to be member; resigns (writing to Deputy Speaker); removed by resolution (effective majority of all then members, 14 days advance notice). - If LS dissolved, Speaker does not vacate office, continues till newly-elected LS meets. - Speakers of Lok Sabha in Table 23.7. - Role, Powers & Functions: Head of LS, its representative. Guardian of powers/privileges of members, House, committees. Principal spokesperson. Final decision in all Parliamentary matters. More than just presiding officer. Vested with vast, varied, vital responsibilities, enjoys honour, dignity, supreme authority. - Powers/duties from 3 sources: Constitution, Rules of Procedure & Conduct of Business of Lok Sabha, Parliamentary Conventions. 1. Maintains order/decorum in House; primary responsibility, final power. 2. Final interpreter of: Constitution, Rules of Procedure, Parliamentary precedents. 3. Adjourns House or suspends meeting in absence of quorum (1/10 total strength). 4. Does not vote in first instance; exercises casting vote in case of tie. 5. Presides over joint sitting of both Houses (summoned by President). 6. Can allow ‘secret’ sitting of House (on Leader of House request). 7. Decides if bill is money bill (decision final). 8. Decides questions of member disqualification (defection under Tenth Schedule). (Kihoto Hollohan case (1992): decision subject to judicial review). 9. Ex-officio chairman of Indian Parliamentary Group (link between Indian Parliament & world parliaments). 10. Ex-officio chairman of conference of presiding officers of legislative bodies. 11. Appoints chairmen of all parliamentary committees of LS, supervises functioning. 12. Chairman of Business Advisory Committee, Rules Committee, General Purposes Committee. - Independence & Impartiality: Office vested with prestige, position, authority. Sine qua non. 1. Security of tenure (removed by resolution of effective majority, 50 members support). 2. Salaries/allowances fixed by Parliament, charged on Consolidated Fund (not subject to vote). 3. Work/conduct not discussed/criticized in LS (except on substantive motion). 4. Powers of regulating procedure/conduct of business not subject to court jurisdiction. 5. Cannot vote in first instance; casting vote only. 6. High position in order of precedence (7th rank with CJI). - British Speaker is non-party man (convention: resigns from party, politically neutral). Not fully established in India. - Deputy Speaker of Lok Sabha: Elected by LS members (after Speaker election). Date fixed by Speaker. Vacates office if: ceases to be member; resigns (writing to Speaker); removed by resolution (effective majority, 14 days advance notice). Performs Speaker’s duties when office vacant/Speaker absent. Assumes all Speaker’s powers. Not subordinate to Speaker, directly responsible to House. Automatically chairman of parliamentary committee if appointed. Salary/allowance fixed by Parliament, charged on Consolidated Fund. Presides over joint sitting if Speaker absent. | |
| Chairman of Rajya Sabha | - Presiding officer of RS. - Vice-President of India is ex-officio Chairman of Rajya Sabha. - During period VP acts as President, does not perform RS Chairman duties. - Can be removed from office only if removed from VP office. - Powers/functions similar to Speaker LS. - Two special powers not enjoyed by Chairman: Decides if bill is money bill (decision final); presides over joint sitting of two Houses. - Unlike Speaker (member of House), Chairman is not member of House. But like Speaker, cannot vote in first instance, has casting vote. - VP cannot preside over RS sitting as Chairman when resolution for his removal is under consideration (can be present, speak, participate, without voting). - Salaries/allowances fixed by Parliament, charged on Consolidated Fund. - During period VP acts as President, gets President’s salary, not RS Chairman’s. | ||
| Deputy Chairman of Rajya Sabha | - Elected by RS members. - Vacates office if: ceases to be member; resigns (writing to Chairman); removed by resolution (effective majority, 14 days advance notice). - Performs Chairman’s duties when office vacant/Chairman absent. Assumes all Chairman’s powers. - Not subordinate to Chairman, directly responsible to RS. - Panel of Vice-Chairpersons of Rajya Sabha: Chairman nominates from members (max 10). Preside in absence of Chairman/Deputy Chairman. Same powers. Holds office until new panel nominated. If panel member not present, other person determined by House acts as Chairman. | ||
| Leaders in Parliament | Leader of the House | - Lok Sabha: PM if member of LS; or minister nominated by PM if PM is RS member. - Rajya Sabha: Minister & member of RS, nominated by PM. - Important functionary, influences business. Can nominate deputy leader. - USA equivalent: ‘majority leader’. | |
| Leader of the Opposition | - In each House. - Significant role in parliamentary system. - Functions: constructive criticism of government policies, provide alternative government. - Statutory recognition: Salary and Allowances of Leaders of Opposition in Parliament Act (1977). - Entitled to salary/allowances/facilities equivalent to cabinet minister. - First official recognition: 1969. - USA equivalent: ‘minority leader’. - Definition: member of RS/LS who is leader of party in opposition to government with greatest numerical strength & recognized by Chairman/Speaker. - Minimum numerical strength for recognition as political party: 1/10 of total membership of House. - Shadow Cabinet: Unique British institution. Opposition party balances ruling cabinet, prepares members for future office. No such institution in India. | ||
| Whips | - Office not mentioned in Constitution/Rules of House. Based on conventions. - Every political party (ruling/opposition) has Chief whip & whips. - Whip appointed by political party as assistant floor leader. - Ensures party members’ attendance, secures support, regulates behavior. - Members supposed to follow whip directives (else disciplinary action). - Government Chief whip in LS: Minister of Parliamentary Affairs. - Government Chief whip in RS: Minister of State for Parliamentary Affairs. - Chief whip directly responsible to Leader of House. - Chief whip of recognized party/group entitled to telephone/secretarial facilities (Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Act, 1998). - Recognized party: 55+ members in LS, 25+ in RS. - Recognized group: 30+ members in LS, 15+ in RS. | ||
| Sessions of Parliament | Summoning | - President summons each House from time to time. - Max gap between 2 sessions: 6 months (Parliament meets at least twice a year). - Usually 3 sessions: Budget (Feb-May), Monsoon (July-Sept), Winter (Nov-Dec). - ‘Session’: period between first sitting & prorogation/dissolution. - ‘Recess’: period between prorogation & reassembly. | |
| Adjournment | - Terminates a sitting (hours, days, weeks). - Power with presiding officer. - Adjournment Sine Die: terminating sitting for indefinite period. Power with presiding officer. | ||
| Prorogation | - Presiding officer declares House adjourned sine die when business completed. - President issues notification for prorogation. - President can prorogue House while in session. - Terminates a sitting & a session. - Does not affect bills/business pending (Art 107(3)). - Pending notices lapse (except for leave to introduce bill). - Rules 336 (LS): motion/resolution/amendment pending does not lapse. - Rule 335 (LS): pending notices lapse. - Differences between Adjournment and Prorogation in Table 23.1. | ||
| Dissolution | - Rajya Sabha: permanent House, not subject to dissolution. - Lok Sabha: subject to dissolution. Ends life of existing House, new House constituted after general elections. - Occurs in 2 ways: Automatic (expiry of 5-year tenure/extended term); President decides to dissolve. - If LS dissolved before normal tenure, dissolution irrevocable. - All business (bills, motions, resolutions, notices, petitions) pending before LS or its committees lapse. - Exceptions to lapsing: bills pending in RS but not passed by LS; bills passed by both Houses but pending President’s assent; bills returned by President for reconsideration; pending assurances to be examined by Committee on Government Assurances. - Position with respect to lapsing of bills in Table 23.1. | ||
| Quorum | - Minimum number of members required to be present to transact business. - 1/10 of total members (including presiding officer). - LS: 55 members; RS: 25 members. - If no quorum, presiding officer adjourns/suspends meeting. | ||
| Voting in House | - All matters decided by majority of members present & voting (excluding presiding officer). - Few matters require effective/special majority. - Presiding officer does not vote in first instance; exercises casting vote in case of tie. - Proceedings valid despite unauthorized voting/participation/vacancy. - Voting procedure in Lok Sabha: 1. Voice Vote: Speaker decides question by ‘Ayes’ or ‘Noes’. 2. Division: 3 methods: Automatic Vote Recording Equipment; distributing ‘Ayes’/‘Noes’ slips (obsolete); members going into Lobbies (obsolete). 3. Secret Ballot: For certain matters. 4. Recording of Votes by Distribution of Slips: If Automatic Vote Recording fails, or for new LS. 5. Physical Count of Members: If Speaker deems division unnecessary. 6. Casting Vote: If ‘Ayes’/‘Noes’ equal, Speaker decides. | ||
| Language in Parliament | - Constitution declared Hindi & English for Parliament business. - Presiding officer can permit member to address in mother-tongue. - Facilities for simultaneous interpretation (Eighth Schedule languages). - Member addressing in language without interpretation facility must provide translation copy. - English continued indefinitely (Official Languages Act 1963). | ||
| Rights of Ministers and Attorney General | - Minister & AG have right to speak/take part in proceedings of either House, joint sitting, committee (without voting right). - Minister can participate in House where not member. - Person can be minister for 6 months without being MP. - Lame-duck Session: Last session of preceding LS after new LS elected. Members not re-elected are ‘lame-ducks’. Purpose: pass Vote on Account. | ||
| Types of Majority | Simple Majority | - Majority of members present & voting. - Also ‘ordinary majority’ or ‘functional majority’ or ‘working majority’. - Art 100: general rule for Parliament questions. - Required for: (a) Ordinary bills, money bills, financial bills. (b) Adjournment Motion, No-Confidence Motion, Confidence Motion, Censure Motion, Motion of Thanks. (c) Removal of VP in Lok Sabha (Art 67). (d) Approval of President’s Rule (Art 356). (e) Approval of financial emergency (Art 360). (f) Election of Speaker & Deputy Speaker (LS) (Art 93). (g) Election of Deputy Chairman (RS) (Art 89). (h) Disapproving continuance of national emergency (LS resolution, Art 352). | |
| Effective Majority | - Majority of total membership excluding vacant seats. - ‘Majority of all the then members of the House’. - Required for: (a) Removal of VP in Rajya Sabha (Art 67). (b) Removal of Deputy Chairman (RS) (Art 90). (c) Removal of Speaker & Deputy Speaker (LS) (Art 94). | ||
| Absolute Majority | - Majority of total membership of House (irrespective of vacant seats/absentees). - Not prescribed as standalone requirement. - Required as component of special majority. | ||
| Special Majority | - Various cases classified: 1. Special Majority-I: Majority of total membership of each House + 2/3 majority of members present & voting. - Required for: Constitutional amendment (Art 368); removal of SC judges (Art 124), HC judges (Art 217), CAG (Art 148), CEC (Art 324), State EC (Art 243K); parliamentary approval of national emergency (Art 352). 2. Special Majority-II: 2/3 majority of total membership of each House. - Required for: Impeachment of President (Art 61 3. Special Majority-III: 2/3 majority of members present & voting (in Rajya Sabha). - Required for: Recommendation for creation of new All-India Services (Art 312); Parliamentary legislation on matters in State List (Art 249). |
| Devices of Parliamentary Proceedings | Question Hour | - First hour of every parliamentary sitting. - Members ask questions, ministers answer. - 3 kinds of questions: starred (oral answer, supplementary questions follow), unstarred (written answer, no supplementary questions), short notice (less than 10 days notice, oral answer). - Questions can be asked to private members (if relates to Bill, resolution, or business). - Lists of questions printed in different colors (green, white, light pink, yellow). | |
|---|---|---|---|
| Zero Hour | - Not mentioned in Rules of Procedure; informal device. - Members raise urgent public importance matters. - Starts immediately after Question Hour, lasts until agenda taken up. - Time gap between Question Hour & agenda. - Indian innovation, in existence since 1962. - Discussion on matters of general public importance: with presiding officer consent. House expresses decisions/opinions through motions. Motions to raise discussions fall into 3 categories: 1. Substantive Motion: self-contained independent proposal on very important matter (e.g., impeachment of President, removal of CEC). 2. Substitute Motion: moved in substitution of original motion, proposes alternative. If adopted, supersedes original motion. 3. Subsidiary Motion: no meaning by itself, cannot state House decision without reference to original motion/proceedings. 3 sub-categories: Ancillary (regular way of business), Superseding (supersedes debate on another issue), Amendment (modifies/substitutes part of original motion). | ||
| Closure Motion | - Moved by member to cut short debate. - If approved, debate stops, matter put to vote. - 4 kinds: (a) Simple Closure: ‘matter having been sufficiently discussed be now put to vote’. (b) Closure by Compartments: clauses of bill/resolution grouped into parts; debate covers whole part, entire part put to vote. (c) Kangaroo Closure: only important clauses debated/voted; intervening clauses skipped/taken as passed. (d) Guillotine Closure: undiscussed clauses of bill/resolution put to vote along with discussed ones. | ||
| Privilege Motion | - Concerns breach of parliamentary privileges by minister. - Moved when member feels minister withheld facts or gave wrong/distorted facts. - Purpose: censure concerned minister. | ||
| Calling Attention Motion | - Introduced to draw minister’s attention to urgent public importance matter, seek authoritative statement. - Indian innovation, in existence since 1954. - Mentioned in Rules of Procedure (unlike Zero Hour). | ||
| Adjournment Motion | - Introduced to draw House attention to definite matter of urgent public importance. - Requires support of 50 members for admission. - Interrupts normal business; extraordinary device. - Involves censure against government. - Rajya Sabha not permitted to use. - Discussion lasts 2.5 hours. - Subject to restrictions: definite, factual, urgent, public importance; not cover >1 matter; restricted to specific recent occurrence; not raise privilege question; not revive discussed matter in same session; not deal with adjudication by court; not raise distinct motion. | ||
| No-Confidence Motion | - Article 75: council of ministers collectively responsible to Lok Sabha. - Ministry stays in office as long as enjoys LS confidence. - LS can remove ministry by passing no-confidence motion. - Requires support of 50 members for admission. - Confidence Motion: new procedural device for fractured mandates. Government seeks to prove majority. If negatived, government falls. - Censure Motion: differs from no-confidence motion (Table 23.2). | ||
| Motion of Thanks | - President addresses first session after general election & first session of every fiscal year. - Outlines government policies/programmes. - Corresponds to ‘speech from the Throne’ in Britain. - Discussed in both Houses on ‘Motion of Thanks’. Put to vote at end of discussion. | ||
| No-Day-Yet-Named Motion | - Admitted by Speaker, but no date fixed for discussion. - Speaker allots day/days/part of day for discussion. | ||
| Dilatory Motion | - For adjournment of debate on bill/motion/resolution, or to retard/delay business. - Moved any time after motion made. - Debate restricted to matter in motion. - Speaker can forthwith put question or decline to propose if abuse of rules. | ||
| Point of Order | - Member raises when proceedings don’t follow normal rules of procedure. - Relates to interpretation/enforcement of Rules of House or Constitution articles regulating business. - Raises question within Speaker’s cognizance. - Usually raised by opposition to control government. - Extraordinary device, suspends proceedings. - No debate allowed. | ||
| Half-an-Hour Discussion | - For discussing matter of sufficient public importance. - Needs elucidation on matter of fact. - Speaker can allot 3 days/week. - No formal motion or voting. | ||
| Short Duration Discussion | - Also ‘two-hour discussion’. - Time allotted not to exceed 2 hours. - Members raise urgent public importance matters. - Speaker can allot 2 days/week. - No formal motion or voting. - In existence since 1953. - Special Mention: Matter not point of order, not raised during question hour/half-hour/short duration discussion/adjournment motion/under any rule. Raised under special mention in Rajya Sabha. Equivalent in Lok Sabha is ‘Notice (Mention) Under Rule 377’. | ||
| Resolutions | - Self-contained independent proposal submitted for House approval. - All resolutions are substantive motions. - Members move resolutions to draw attention to general public interest matters. - Discussion strictly relevant to resolution scope. - Cannot withdraw without House leave. - Objectives: declaration of opinion/recommendation; record approval/disapproval of act/policy; convey message/urge action; call attention to matter/situation. - Classified into 3 categories: 1. Private Member’s Resolution: moved by private member (not minister). Discussed on alternate Fridays afternoon. 2. Government Resolution: moved by minister. Approves international treaties/conventions/agreements; declares/approves government policies; approves committee recommendations. 3. Statutory Resolution: moved by private member or minister. In pursuance of Constitution provision or Act of Parliament. - Different from motions (all resolutions are substantive motions, not all motions are). | ||
| Youth Parliament | - Scheme started on recommendation of Fourth All India Whips Conference. - Objectives: acquaint younger generations with Parliament practices/procedures; imbibe discipline/tolerance; inculcate democracy values; enable proper perspective on democratic institutions. - Ministry of Parliamentary Affairs provides training/encouragement to states. | ||
| Legislative Procedure in Parliament | Ordinary Bills | - Legislative procedure identical in both Houses. - Every bill passes through same stages. - Bill: proposal for legislation; becomes act when duly enacted. - Bills introduced: public bills (government bills) & private bills (private members’ bills). Differ in respects (Table 23.3). - Bills classified by content: (a) Original bills (new proposals). (b) Amending bills (modify/amend/revise existing Acts). (c) Consolidating bills (consolidate existing laws). (d) Expiring Laws (Continuance) bills (continue expiring Act). (e) Repealing bills (repeal existing Acts). (f) Validating bills (give validity to actions). (g) Bills to replace Ordinances. (h) Constitution (Amendment) bills. (i) Money & Financial bills. - Bills classified by procedure: 1. Ordinary bills (non-financial). 2. Money bills (taxation, public expenditure). 3. Financial bills (financial matters, different from money bills). 4. Constitution amendment bills. - Separate procedures for all 4 types. Constitutional amendment bills explained in detail in Ch 11. - Stages of Ordinary Bill enactment: 1. First Reading: Introduction. Can be introduced in either House, by minister or member. Mover asks for leave, introduces by reading title/objectives. No discussion. Published in Gazette (or before introduction, no leave needed). 2. Second Reading: General & detailed scrutiny, final shape. 3 sub-stages: (a) Stage of General Discussion: Printed copies distributed. Principles discussed, not details. House can: take bill into consideration immediately/fixed date; refer to select committee (of House) or joint committee (of both Houses); circulate for public opinion. (b) Committee Stage: Usually referred to select committee. Examines thoroughly, clause by clause. Can amend (not alter principles). Reports back to House. (c) Consideration Stage: House considers bill clause by clause. Each clause discussed/voted separately. Amendments moved/accepted become part of bill. 3. Third Reading: Debate confined to acceptance/rejection of whole bill (no amendments). If majority present/voting accept, bill passed. Authenticated by presiding officer, transmitted to Second House. 4. Bill in the Second House: Passes through all 3 stages. 4 alternatives for Second House: (a) Pass as sent (without amendments). (b) Pass with amendments, return to First House for reconsideration. (c) Reject altogether. (d) Take no action, keep pending. - If Second House passes without amendments or First House accepts amendments, bill deemed passed by both Houses, sent to President. - If First House rejects amendments, or Second House rejects bill, or Second House takes no action for 6 months: deadlock. - Joint sitting summoned by President to resolve deadlock. 5. Assent of the President: Bill passed by both Houses (singly or joint sitting) presented to President. 3 alternatives: (a) Give assent (bill becomes act, placed on Statute Book). (b) Withhold assent (bill ends). (c) Return for reconsideration. If passed again, must give assent (President has ‘suspensive veto’). - Ordinary Bill vs. Money Bill in Table 23.4. | |
| Money Bills | - Article 110: defines money bills. Contains ‘only’ provisions dealing with: imposition/abolition/remission/alteration/regulation of tax; regulation of GoI borrowing; custody of Consolidated Fund/Contingency Fund, payment/withdrawal; appropriation from Consolidated Fund; declaration/increase of charged expenditure; receipt of money into Consolidated Fund/Public Account, custody/issue, audit; incidental matters. - Not money bill if: imposition of fines/pecuniary penalties; demand/payment of fees for licenses/services; imposition/abolition/remission/alteration/regulation of tax by local authority. - Speaker’s decision on money bill is final (cannot be questioned in court, either House, or by President). - Special procedure for passing money bills: 1. Introduced only in Lok Sabha (not Rajya Sabha). 2. Introduced only on President’s recommendation. 3. Government bill, introduced only by minister. - After LS passes, transmitted to RS for recommendation. - RS has restricted powers: cannot reject/amend; can only make recommendations; must return to LS within 14 days. - LS can accept/reject RS recommendations. - If LS accepts recommendations, bill deemed passed in modified form. - If LS rejects recommendations, bill deemed passed in original form. - If RS does not return within 14 days, bill deemed passed in original form. - LS has more powers than RS for money bills. - When presented to President: President can give assent or withhold assent (cannot return for reconsideration). Normally gives assent (introduced with his prior permission). - Ordinary Bill vs. Money Bill in Table 23.4. | ||
| Financial Bills | - Deal with fiscal matters (revenue/expenditure). - Constitution uses ‘financial bill’ in technical sense. - 3 kinds: 1. Money bills (Art 110). 2. Financial bills (I) (Art 117(1)). 3. Financial bills (II) (Art 117(3)). - Money bills are species of financial bills. All money bills are financial bills, but not vice versa. - Money bills certified by Speaker. - Financial Bills (I): contain matters in Art 110 + other general legislation matters (e.g., borrowing clause not exclusively dealing with borrowing). - Similar to money bills in 2 respects: introduced only in Lok Sabha; introduced only on President’s recommendation. - In all other respects, governed by ordinary bill procedure. - Can be rejected/amended by RS (except tax reduction/abolition). - Deadlock: President can summon joint sitting. - President’s assent: can give, withhold, or return for reconsideration. - Financial Bills (II): contain provisions involving expenditure from Consolidated Fund of India, but not matters in Art 110. - Treated as ordinary bill, governed by ordinary bill procedure. - Special feature: cannot be passed by either House unless President has recommended consideration. - President’s recommendation not needed at introduction, but at consideration stage. - Can be rejected/amended by either House. - Deadlock: President can summon joint sitting. - President’s assent: can give, withhold, or return for reconsideration. | ||
| Joint Sitting of Two Houses | Mechanism | - Extraordinary machinery to resolve deadlock over bill. - Deadlock occurs in 3 situations after bill passed by one House & transmitted to other: 1. Bill rejected by other House. 2. Houses finally disagreed on amendments. 3. More than 6 months elapsed without bill being passed. - President can summon joint sitting. - Not applicable to ordinary bills or financial bills. - Not applicable to money bills or constitutional amendment bills. - LS usually wins in joint sitting (greater number). - New amendments not proposed in joint sitting, except for disagreement or necessity due to delay. - Invoked 3 times since 1950: Dowry Prohibition Bill 1960, Banking Service Commission (Repeal) Bill 1977, Prevention of Terrorism Bill 2002. | |
| Budget in Parliament | Annual Financial Statement | - Constitution refers to budget as ‘annual financial statement’ (term ‘budget’ not used). - Dealt with in Article 112. - Statement of estimated receipts & expenditure for financial year (April 1 - March 31). - Contains: estimates of revenue/capital receipts; ways/means to raise revenue; estimates of expenditure. - Railway Budget: separated from General Budget 1924 (Acworth Committee). Reasons: flexibility, business approach, stability of general revenues, railways’ own development. Merged into General Budget 2017. Now single Union Budget. - Constitutional Provisions for Budget enactment: 1. President causes annual financial statement to be laid before both Houses (Art 112). 2. No demand for grant made except on President’s recommendation (Art 113). 3. No money withdrawn from Consolidated Fund except by law (Art 114). 4. No money bill imposing tax introduced except on President’s recommendation (Art 117). 5. No tax levied/collected except by authority of law (Art 265). 6. Parliament can reduce/abolish tax, not increase (Art 117). 7. Relative roles of Houses: (a) Money bill/financial bill (taxation) introduced only in Lok Sabha (Art 109). (b) RS no power to vote on demands for grants; exclusive privilege of LS (Art 113). (c) RS returns money bill/financial bill within 14 days. LS can accept/reject RS recommendations (Art 109). 8. Expenditure charged on Consolidated Fund shown separately (Art 112). 9. Budget distinguishes revenue & other expenditure (Art 112). 10. Charged expenditure not submitted to vote of Parliament (can be discussed). | |
| Charged Expenditure | - 2 types of expenditure: ‘charged’ on Consolidated Fund, ‘made’ from Consolidated Fund. - Charged expenditure: non-votable by Parliament (can be discussed). - List of charged expenditure: 1. Emoluments/allowances of President & other expenditure related to his office. 2. Salaries/allowances of Chairman/Deputy Chairman (RS) & Speaker/Deputy Speaker (LS). 3. Salaries/allowances/pensions of SC judges. 4. Pensions of HC judges. 5. Salary/allowances/pension of CAG. 6. Salaries/allowances/pension of UPSC Chairman & members. 7. Administrative expenses of SC, CAG office, UPSC. 8. Debt charges of GoI (interest, sinking fund, redemption). 9. Sums for judgments/decrees/awards of court/arbitral tribunal. 10. Other expenditure declared by Parliament. | ||
| Stages in Enactment | - Budget goes through 6 stages: 1. Presentation of budget: Finance Minister presents in LS. Advanced to Feb 1 since 2017 (to avoid Vote on Account). Can be presented in parts. No discussion on presentation day. Laid before RS (can discuss, no vote on demands). 2. General discussion: Few days after presentation. In both Houses. Lasts 3-4 days. Discuss whole budget or principles. No cut motion. FM has right to reply. 3. Scrutiny by departmental committees: After general discussion, Houses adjourn 3-4 weeks. 24 departmental standing committees examine/discuss demands for grants of concerned ministries, prepare reports. Reports submitted to both Houses. System (established 1993, expanded 2004) makes financial control detailed, in-depth, comprehensive. 4. Voting on Demands for Grants: In LS. Demands presented ministry-wise. Becomes grant after voted. Exclusive privilege of LS (RS no vote). Confined to votable part (charged expenditure not voted). Each demand voted separately. Members can discuss details, move cut motions. (a) Policy Cut Motion: disapproval of policy. Reduce demand by ₹1. Advocate alternative policy. (b) Economy Cut Motion: economy in expenditure. Reduce demand by specified amount. (c) Token Cut Motion: ventilates specific grievance. Reduce demand by ₹100. - Cut motion significance: facilitates discussion, upholds responsible government. No utility in practice (not passed due to majority support). Passage implies want of confidence. - On last day of demands for grants, Speaker puts all remaining demands to vote (‘guillotine’). 5. Passing of appropriation bill: Constitution: ‘no money withdrawn from Consolidated Fund except by law’. Appropriation bill introduced after demands voted. Provides for appropriation from Consolidated Fund for voted grants & charged expenditure. Becomes Appropriation Act after President’s assent. Authorizes payments. Passed for 1 financial year. To meet needs before Act, ‘Vote on Account’ granted (for 2 months, 1/6 of estimation). In election year, Vote on Account for longer period. 6. Passing of finance bill: ‘Finance Bill’: introduced each year for financial proposals. Subject to money bill conditions. Amendments (reject/reduce tax) allowed. Passed within 75 days (Provisional Collection of Taxes Act 1931). Legalizes income side, completes enactment. | ||
| Multifunctional Role of Parliament | Powers and Functions | - Central position in ‘Indian politico-administrative system’. - Extensive powers, performs variety of functions. - Classified into 7 heads: 1. Legislative Powers & Functions: Primary function: make laws. Exclusive power for Union List & residuary subjects. Overriding powers for Concurrent List. Can make laws on State List in 5 abnormal circumstances (Rajya Sabha resolution, National Emergency, state request, international agreements, President’s Rule). 2. Executive Powers & Functions: Establishes parliamentary government (Executive responsible to Parliament). Controls Executive through: question-hour, zero hour, half-an-hour discussion, short duration discussion, calling attention motion, adjournment motion, no confidence motion, censure motion. Supervises Executive with financial committees (PAC, Estimates, Public Undertakings). 3. Financial Powers & Functions: No tax/expenditure without Parliament approval. Budget placed for approval. Enactment legalizes receipts/expenditure. Scrutinizes government spending/financial performance with financial committees. Operates in 2 stages: budgetary control (before appropriation), post-budgetary control (after appropriation). 4. Constituent Powers & Functions: Amends Constitution (addition, variation, repeal). Major part by special majority. Some by simple majority. Few by special majority + state consent. Initiates amendment process. Constituent power not unlimited, subject to ‘basic structure’. 5. Judicial Powers & Functions: Impeach President. Remove VP. Recommend removal of SC/HC judges, CEC, State EC, CAG. Punish members/outsiders for breach of privilege/contempt. 6. Electoral Powers & Functions: Participates in President election. Elects VP. LS elects Speaker/Deputy Speaker. RS elects Deputy Chairman. Makes laws to regulate elections. 7. Other Powers & Functions: Highest deliberative body. Discusses national/international issues. Approves 3 types of emergencies. Creates/abolishes state legislative councils. Increases/decreases area, alters boundaries/names of states. Regulates organization/jurisdiction of SC/HC. Establishes common HC. | |
| Ineffectiveness of Parliamentary Control | Factors Limiting Control | - Parliamentary control more theoretical than practical. - Factors responsible: (a) Lack of time/expertise: Parliament lacks time/expertise for administration control (grown in volume/complexity). (b) Technical nature of demands for grants: Hinders financial control. Parliamentarians are laymen. (c) Legislative leadership with Executive: Executive plays significant role in policy formulation. (d) Large size of Parliament: Too large, unmanageable, ineffective. (e) Majority support of Executive: Reduces possibility of effective criticism. (f) Post-mortem work of financial committees: Examine expenditure after incurred. (g) Increased recourse to ‘guillotine’: Reduces scope of financial control. (h) Growth of ‘delegated legislation’: Reduces Parliament’s role in detailed laws, increases bureaucracy’s powers. (i) Frequent promulgation of ordinances: Dilutes Parliament’s legislative power. (j) Sporadic, general, political control: Parliament’s control is not continuous or detailed. (k) Lack of strong/steady opposition: Contributes to ineffectiveness. (l) Setback in parliamentary behavior/ethics: Contributes to ineffectiveness. | |
| Position of Rajya Sabha | Comparison with Lok Sabha | - Constitutional position studied from 3 angles: 1. Equal Status with Lok Sabha: (a) Introduction & passage of ordinary bills. (b) Introduction & passage of Constitutional amendment bills. (c) Introduction & passage of financial bills involving expenditure from Consolidated Fund of India. (d) Election & impeachment of President. (e) Election & removal of Vice-President (RS alone initiates removal). (f) Making recommendation to President for removal of CJI & SC/HC judges, CEC, CAG. (g) Approval of ordinances issued by President. (h) Approval of all 3 types of emergencies. (i) Selection of ministers (including PM). (j) Consideration of reports of constitutional bodies (Finance Commission, UPSC, CAG). (k) Enlargement of jurisdiction of SC & UPSC. 2. Unequal Status with Lok Sabha: (a) Money Bill: Introduced only in LS. RS cannot amend/reject, only recommend (must return within 14 days). LS can accept/reject recommendations. LS has more powers. (b) Financial Bill (not solely money bill): Introduced only in LS. (c) Final power to decide if bill is money bill: Speaker of LS. (d) Speaker of LS presides over joint sitting. (e) RS can only discuss budget, not vote on demands for grants. (f) Resolution for discontinuance of national emergency passed only by LS. (g) RS cannot remove council of ministers by no-confidence motion. 3. Special Powers of Rajya Sabha: 4 exclusive powers: (a) Authorize Parliament to make law on State List subject (Art 249). (b) Authorize Parliament to create new All-India Services (Art 312). (c) Alone can initiate move for removal of VP (resolution for removal of VP). (d) If proclamation of national emergency/President’s rule/financial emergency issued when LS dissolved, RS can approve continuance. | |
| Parliamentary Privileges | Meaning | - Special rights, immunities, exemptions enjoyed by Houses of Parliament, their committees, & members. - Necessary for independence & effectiveness. - Secure authority, dignity, honor; protect members from obstruction. - Extended to persons entitled to speak/take part (AG, Union ministers). - Not extended to President (integral part of Parliament). | |
| Classification | - 2 categories: 1. Collective Privileges (enjoyed by each House collectively): (a) Publish reports, debates, proceedings; prohibit others from publishing (44th Amendment Act 1978 restored press freedom to publish true reports, not for secret sittings). (b) Exclude strangers from proceedings, hold secret sittings. (c) Make rules to regulate own procedure/conduct of business, adjudicate matters. (d) Punish members/outsiders for breach of privilege/contempt (reprimand, admonition, imprisonment, suspension, expulsion). (e) Receive immediate information of member’s arrest, detention, conviction, imprisonment, release. (f) Institute inquiries, order attendance of witnesses, send for relevant papers/records. (g) Courts prohibited from inquiring into proceedings. (h) No person arrested/legal process served within precincts without presiding officer’s permission. 2. Individual Privileges (enjoyed by members individually): (a) Cannot be arrested during session & 40 days before/after (only in civil cases, not criminal/PD). (b) Freedom of speech in Parliament (subject to Constitution/rules/standing orders). No liability in court for anything said/vote given. (c) Exempted from jury service. Can refuse to give evidence/appear as witness in court. | ||
| Breach of Privilege and Contempt of the House | - Breach of privilege: individual/authority disregards/attacks privileges/rights/immunities. - Contempt of the House: act/omission obstructs House/member/officer in performance of functions, or tends to produce results against dignity/authority/honor. - Phrases used interchangeably, but contempt has wider implications. - Actions not breaches of specific privilege but offences against dignity/authority amount to contempt (e.g., disobedience to legitimate order). | ||
| Sources of Privileges | - Originally (Art 105) mentioned 2 privileges: freedom of speech, right of publication of proceedings. - Other privileges same as British House of Commons at commencement (Jan 26, 1950) until defined by Parliament. - 44th Amendment Act (1978): other privileges remain same, verbal changes only. - Parliament has not exhaustively codified privileges. - Based on 5 sources: Constitutional provisions, laws made by Parliament, Rules of both Houses, Parliamentary conventions, Judicial interpretations. | ||
| Sovereignty of Parliament | Concept | - Doctrine associated with British Parliament. - Sovereignty: supreme power within State. - British Parliament: supreme power, no ‘legal’ restrictions. - A.V. Dicey: 3 implications of British Parliament sovereignty: 1. Can make/amend/substitute/repeal any law. 2. Can make constitutional laws by same procedure as ordinary laws. 3. Parliamentary laws cannot be declared invalid by Judiciary (no judicial review). - Indian Parliament not sovereign in similar sense. - Factors limiting Indian Parliament sovereignty: 1. Written Nature of the Constitution: Fundamental law, defines authority/jurisdiction of organs. Parliament operates within limits. Legal distinction between legislative & constituent authority. Requires state ratification for some amendments. 2. Federal System of Government: Constitutional division of powers. Parliament confined to Union List/Concurrent List. Not extend to State List (except 5 abnormal circumstances). 3. System of Judicial Review: Independent Judiciary with judicial review power. SC/HC can declare laws unconstitutional if contravene Constitution. | |
| 24. Parliamentary Committees | Meaning | Definition | - Parliament too unwieldy for effective deliberation. - Functions varied, complex, voluminous. - Lacks time/expertise for detailed scrutiny. - Assisted by committees. - Parliamentary committee: appointed/elected by House or nominated by Speaker/Chairman; works under Speaker/Chairman direction; presents report to House/Speaker/Chairman; has secretariat. - Consultative committees (members of Parliament) are not parliamentary committees (don’t fulfill above conditions). |
| Classification | Two Kinds | - Broadly 2 kinds: 1. Standing Committees: permanent, constituted yearly/periodically, continuous basis. 2. Ad Hoc Committees: temporary, cease to exist after task. - Standing committees classified into 6 categories by functions: 1. Financial Committees: Public Accounts Committee, Estimates Committee, Committee on Public Undertakings. 2. Department-Related Standing Committees (24). 3. Committees to Inquire: Committee on Petitions, Committee of Privileges, Ethics Committee. 4. Committees to Scrutinise and Control: Committee on Government Assurances, Committee on Subordinate Legislation, Committee on Papers Laid on the Table, Committee on Welfare of SCs and STs, Committee on Empowerment of Women, Joint Committee on Offices of Profit. 5. Committees Relating to the Day-to-Day Business of the House: Business Advisory Committee, Committee on Private Members’ Bills and Resolutions, Rules Committee, Committee on Absence of Members from the Sittings of the House. 6. House-Keeping Committees or Service Committees: General Purposes Committee, House Committee, Library Committee, Joint Committee on Salaries and Allowances of Members of Parliament. | |
| Financial Committees | Public Accounts Committee (PAC) | - Set up 1921 (GoI Act 1919). - Presently 22 members (15 LS, 7 RS). - Members elected yearly by Parliament from members (proportional representation, single transferable vote). All parties get representation. - Term of office: 1 year. - Minister cannot be member. - Chairman appointed by Speaker. (Convention since 1967: Chairman from Opposition). - Functions: examine annual audit reports of CAG (laid before Parliament by President). Examine appropriation accounts & finance accounts of Union/other accounts. Scrutinize appropriation accounts & CAG audit report (satisfy money legally available, expenditure conforms to authority, re-appropriation according to rules). Examine accounts of state corporations, trading concerns, manufacturing projects (except Public Undertakings Committee). Examine accounts of autonomous/semi-autonomous bodies (CAG audit). Consider CAG report on receipts, stores, stocks. Examine money spent in excess of grant. | |
| Estimates Committee | - Origin: standing financial committee (1921). - First Estimates Committee in post-independence era: 1950 (John Mathai recommendation). - Originally 25 members; raised to 30 in 1956. - All 30 members from Lok Sabha only (no RS representation). - Elected yearly by LS from members (proportional representation, single transferable vote). All parties get representation. - Term of office: 1 year. - Minister cannot be member. - Chairman appointed by Speaker (usually from ruling party). - Functions: examine estimates in budget, suggest economies. ‘Continuous economy committee’. 1. Report economies, improvements in organization/efficiency/administration consistent with policy. 2. Suggest alternative policies for efficiency/economy. 3. Examine if money well laid out within policy limits. 4. Suggest budget presentation form. - Does not examine public undertakings allotted to Committee on Public Undertakings. - Can examine estimates throughout financial year, report as examination proceeds. - Effectiveness limited: examines after voted, cannot question policy, recommendations advisory/non-binding, examines selected ministries (by rotation), lacks CAG expert assistance, post-mortem work. | ||
| Committee on Public Undertakings | - Created 1964 (Krishna Menon Committee recommendation). - Originally 15 members (10 LS, 5 RS); raised to 22 in 1974 (15 LS, 7 RS). - Members elected yearly by Parliament from members (proportional representation, single transferable vote). All parties get representation. - Term of office: 1 year. - Minister cannot be member. - Chairman appointed by Speaker (from members). - Functions: 1. Examine reports & accounts of public undertakings. 2. Examine CAG reports on public undertakings. 3. Examine (in context of autonomy/efficiency) if affairs managed with sound business principles/prudent commercial practices. 4. Exercise functions of PAC & Estimates Committee related to public undertakings. - Does not examine: major government policy, day-to-day administration, matters for which special statutory machinery exists. - Effectiveness limited: cannot examine >10-12 undertakings/year, post-mortem work, no technical experts, recommendations advisory/non-binding. | ||
| Department-Related Standing Committees | Establishment & Functions | - 17 DRSCs set up 1993 (Rules Committee of LS recommendation). - 7 more set up 2004 (total 24). - Main objective: secure more accountability of Executive (financial accountability). Assist Parliament in budget debate. - 24 DRSCs cover all ministries/departments of Central Government. - Each DRSC: 31 members (21 LS, 10 RS). (Before 2004, 45 members: 30 LS, 15 RS). - LS members nominated by Speaker; RS members by Chairman. - Minister cannot be member. If member appointed minister, ceases committee membership. - Term of office: 1 year. - 8 DRSCs work under RS, 16 under LS. - DRSCs & ministries/departments in Table 24.1. - Functions: 1. Consider demands for grants of concerned ministries before discussion/vote in LS (report should not suggest cut motions). 2. Examine bills pertaining to concerned ministries. 3. Consider annual reports of ministries. 4. Consider national basic long-term policy documents. - Limitations: (i) Do not consider day-to-day administration. (ii) Do not generally consider matters considered by other parliamentary committees. - Recommendations advisory, not binding. - Procedure for demands for grants: (a) After general discussion, Houses adjourn for fixed period. (b) Committees consider demands during period. (c) Committees report within period, no more time. (d) Demands considered by House in light of reports. (e) Separate report on demands for each ministry. - Procedure for bills: (a) Committee considers general principles & clauses. (b) Considers bills introduced in either House & referred to it. (c) Reports on bills in given time. - Merits: proceedings devoid of party bias, more flexible than LS, detailed/continuous/comprehensive control over executive, ensures economy/efficiency, facilitates participation, avail expert opinion, greater role for opposition. - DRSC system influenced executive functioning, recommendations important, ministries receptive, debates better informed. | |
| Committees to Inquire | Committee on Petitions | - Examines petitions on bills & general public importance. - Entertains representations from individuals & associations on Union subjects. - LS committee: 15 members; RS committee: 10 members. - Committee of Privileges: Semi-judicial. Examines breach of privileges, recommends action. LS committee: 15 members; RS committee: 10 members. - Ethics Committee: Constituted in RS (1997), LS (2000). Enforces code of conduct. Examines misconduct, recommends action. Maintains discipline/decorum. LS committee: 15 members; RS committee: 10 members. - Joint Committee on Maintenance of Heritage Character and Development of Parliament House Complex. - Committee on Violation of Protocol Norms and Contemptuous Behaviour of Government Officers with Members of Lok Sabha. - Committee on Welfare of Other Backward Classes. - Committee to Inquire into the Improper Conduct of a Member. - Advisory Committees: include select/joint committees on bills. Appointed to consider/report on bills. Distinguishable from other ad hoc committees (concerned with bills, procedure laid down in rules). - When bill comes up for general discussion, House can refer to Select Committee (of House) or Joint Committee (of both Houses). - Select/Joint Committee examines bill clause by clause. Can move amendments. Can take evidence from associations, public bodies, experts. Submits report to House. Members can append minutes of dissent. | |
| Committees to Scrutinise and Control | Committee on Government Assurances | - Examines assurances, promises, undertakings by ministers on floor of House. - Reports extent of fulfillment. - LS committee: 15 members; RS committee: 10 members. - Constituted 1953. - Committee on Subordinate Legislation: Examines if delegated legislation powers exercised properly. Both Houses: 15 members. Constituted 1953. - Committee on Papers Laid on the Table: Constituted 1975. LS: 15 members; RS: 10 members. Examines papers laid by ministers (compliance with Constitution/Act/Rule). Does not examine statutory notifications/orders under Subordinate Legislation Committee jurisdiction. - Committee on Welfare of SCs and STs: 30 members (20 LS, 10 RS). Functions: consider reports of National Commission for SCs/STs; examine matters related to welfare (implementation of safeguards, welfare programs). - Committee on Empowerment of Women: Constituted 1997. 30 members (20 LS, 10 RS). Considers reports of National Commission for Women; examines measures by Union GoI to secure status/dignity/equality for women. - Joint Committee on Offices of Profit: Examines composition/character of committees/bodies appointed by Central/state/UT governments. Recommends if office holders disqualified from MP. 15 members (10 LS, 5 RS). | |
| Committees Relating to the Day-to-Day Business of the House | Business Advisory Committee | - Regulates program & timetable of House. - Allocates time for legislative & other business. - LS committee: 15 members (Speaker as chairman). - RS committee: 11 members (Chairman as ex-officio chairman). - Committee on Private Members’ Bills and Resolutions: Classifies bills, allocates time for discussion on bills/resolutions introduced by private members (not ministers). Special committee of LS. 15 members (Deputy Speaker as chairman). RS has no such committee. | |
| House-Keeping Committees | General Purposes Committee | - Considers & advises on matters concerning House affairs (not within other committee jurisdiction). - Each House has one. Consists of: presiding officer (Speaker/Chairman) as ex-officio chairman; Deputy Speaker/Chairman; panel of chairpersons/vice-chairpersons; chairpersons of departmental standing committees; leaders of recognized parties/groups; other members nominated by presiding officer. - House Committee: Deals with residential accommodation of members & other amenities (food, medical aid). Both Houses have one. LS: 12 members; RS: 10 members. - Library Committee: Considers matters related to Parliament library, assists members. 9 members (6 LS, 3 RS). - Joint Committee on Salaries and Allowances of Members of Parliament: Constituted under Salary, Allowances and Pension of Members of Parliament Act 1954. 15 members (10 LS, 5 RS). Frames rules for regulating payment. | |
| Consultative Committees | Attachment & Functions | - Attached to various ministries/departments of Central Government. - Consist of members of both Houses. - Minister/Minister of State in charge of Ministry acts as chairman. - Provide forum for informal discussions between ministers & MPs on policies/programmes. - Constituted by Ministry of Parliamentary Affairs. - Guidelines for composition, functions, procedures formulated by Ministry. - Meetings held during session & inter-session period. | |
| 25. Indian Parliamentary Group | Rationale of the IPG | Purpose | - M.N. Kaul & S.L. Shakdher: explained rationale. - Establishment & development of relations among parliaments is regular activity. - Promotion of inter-parliamentary relations gained thrust due to increased inter-dependence of nations. - Imperative for parliamentarians to safeguard democracy & work in synergy to confront challenges, facilitate peace/prosperity. - Importance today: whole world faces problems, problems faced by one parliament may confront another. - Link between Indian Parliament & world parliaments through goodwill missions, correspondence, documents. - Acts as National Group of Inter-Parliamentary Union (IPU) & India Branch of Commonwealth Parliamentary Association (CPA). |
| Composition of the IPG | Membership | - Autonomous body. - Formed 1949 (pursuant to Constituent Assembly (Legislative) motion). - Membership open to all MPs. - Former MPs can be associate members (limited rights, not entitled to representation at IPU/CPA meetings, not entitled to travel concessions). - Speaker of Lok Sabha: ex-officio President of IPG. - Deputy Speaker of Lok Sabha & Deputy Chairman of Rajya Sabha: ex-officio vice-presidents. - Secretary-General of Lok Sabha: ex-officio Secretary-General of IPG. | |
| Objectives of the IPG | Aims | - 3 aims: 1. Promote personal contact between MPs. 2. Study questions of public importance likely to come up before Parliament; arrange seminars. 3. Promote cooperation between delegations while participating in international organizations. | |
| Functions of the IPG | Activities | - 6 functions: 1. Link between Indian Parliament & world parliaments (through delegations, goodwill missions, correspondence, documents). 2. Functions as National Group of IPU & main branch of CPA. 3. Arranges addresses to MPs by visiting Heads of State/Government & talks by eminent persons. 4. Organizes seminars & symposia on parliamentary subjects (national & international). 5. Provides letters of introduction to members visiting abroad. 6. Only IPG members (at least 6 months standing) included in Indian Parliamentary delegations abroad. | |
| The IPG and IPU | Inter-Parliamentary Union | - IPU: international organization of parliaments of sovereign states. - 179 parliaments. - Aim: work for peace & cooperation among peoples, firm establishment of representative institutions. - Fosters contacts, coordination, experience exchange. - Expresses views on international importance for effective implementation of parliamentary actions. - Main advantages of IPG membership as National Group of IPU: 1. Helps members develop contacts with parliamentarians of member countries. 2. Provides opportunity to study/understand contemporary changes/reforms. 3. Provides facilities to meet parliamentarians abroad. 4. Members eligible to visit foreign countries as part of delegations. - IPG members hold positions in IPU bodies (office bearers, Rapporteurs, Chairman of Drafting Committees). | |
| The IPG and CPA | Commonwealth Parliamentary Association | - CPA: association of ~17000 Parliamentarians & Parliamentary staff. - Spread over 180 National, State, Provincial, Territorial Parliaments & Legislatures in 53 Commonwealth countries. - Aims: promote knowledge/understanding of constitutional, legislative, economic, social, cultural systems within parliamentary democratic framework. - Mission: promote advancement of parliamentary democracy by enhancing knowledge/understanding of democratic governance, building informed parliamentary community. - Main advantages of IPG membership as main branch of CPA in India: 1. Conferences & Seminars: opportunity for participation in plenary/regional conferences, seminars, visits, delegation exchanges. 2. Publications: members entitled to receive ‘The Parliamentarian’ quarterly & ‘First Reading’ newsletter. | |
| 26. Supreme Court | Composition and Appointment | Composition | - Indian single-integrated judicial system. - SC at top, HCs below, subordinate courts below. - Single system enforces Central & state laws. - SC inaugurated January 28, 1950. - Succeeded Federal Court of India (GoI Act 1935) & British Privy Council. - Jurisdiction greater than predecessors. - Articles 124-147 (Part V) deal with organization, independence, jurisdiction, powers, procedures. - Parliament authorized to regulate. - Presently 34 judges (1 CJI, 33 other judges). - Originally 8 judges (1 CJI, 7 other judges). - Parliament increased number progressively (10 in 1956, 13 in 1960, 17 in 1977, 25 in 1986, 30 in 2008, 33 in 2019). - Acts relating to SC composition in Table 26.2. |
| Appointment of Judges | - Judges appointed by President. - Chief Justice: appointed by President after consultation with SC/HC judges deemed necessary. - Other judges: appointed by President after consultation with CJI & SC/HC judges deemed necessary. - Consultation with CJI obligatory for other judges’ appointment. - Controversy over Consultation: 1. First Judges case (1981): SC ruled ‘consultation’ does not mean ‘concurrence’. 2. Second Judges case (1993): SC reversed, ‘consultation’ means ‘concurrence’. CJI’s advice binding, but CJI must consult 2 seniormost judges. ‘Collegium system’. 3. Third Judges case (1998): SC opined CJI must consult 4 seniormost judges. CJI’s sole opinion not consultation. CJI’s recommendation without complying with norms not binding. - 99th Constitutional Amendment Act (2014) & National Judicial Appointments Commission (NJAC) Act (2014) replaced collegium system with NJAC. - Supreme Court (2015) declared both 99th Amendment & NJAC Act unconstitutional & void (affected independence of judiciary). Collegium system restored. - Fourth Judges case (2015): SC opined new system (NJAC) would affect independence of judiciary. - Appointment of Chief Justice: From 1950-1973, convention was seniormost judge appointed CJI. Violated in 1973 (A.N. Ray superseded 3 senior judges) & 1977 (M.U. Beg superseded seniormost judge). Discretion curtailed by Second Judges case (1993): seniormost judge alone appointed CJI. | ||
| Qualifications, Oath and Salaries | Qualifications of Judges | - 3 qualifications: 1. Citizen of India. 2. (a) HC judge (or HCs in succession) for 5 years; OR (b) HC advocate (or HCs in succession) for 10 years; OR (c) Distinguished jurist in President’s opinion. - No minimum age prescribed. - No provision for distinguished jurist as HC judge. | |
| Oath or Affirmation | - Before office, judge makes oath/affirmation. - Swears to: bear true faith/allegiance to Constitution; uphold sovereignty/integrity; duly/faithfully perform duties (without fear/favor/affection/ill will); uphold Constitution & laws. - Administered by President (or person appointed by him). | ||
| Salaries and Allowances | - Determined by Parliament from time to time. - Cannot be diminished during term (except financial emergency). - Salary of CJI increased from ₹1 lakh to ₹2.80 lakh per month (2018). Other judges from ₹90,000 to ₹2.50 lakh per month (2018). - Also paid sumptuary allowance, free accommodation, medical, car, telephone. - Retired CJI & judges entitled to 50% of last drawn salary as monthly pension. | ||
| Tenure and Removal | Tenure of Judges | - Constitution not fixed tenure. - 3 provisions: 1. Holds office until 65 years (question of age determined by Parliament law). 2. Can resign by writing to President. 3. Can be removed by President on Parliament recommendation. | |
| Removal of Judges | - Judge removed by President’s order. - Order issued only after Parliament address presented in same session. - Address supported by special majority (majority of total membership + 2/3 members present & voting). - Grounds: proved misbehaviour or incapacity. - Judges Enquiry Act (1968) regulates procedure (‘impeachment’ not used in Constitution for judges): 1. Removal motion signed by 100 members (LS) or 50 members (RS) given to Speaker/Chairman. 2. Speaker/Chairman can admit or refuse. 3. If admitted, Speaker/Chairman constitutes 3-member committee (CJI or SC judge, HC CJ, distinguished jurist) to investigate. 4. If committee finds guilty, House takes up motion. 5. If motion passed by special majority in each House, address presented to President. 6. President passes order removing judge. - No SC judge impeached so far. (Example: Justice V. Ramaswami (1991-93) impeachment motion defeated in LS). | ||
| Transfer of Judges | - President can transfer judge from one HC to another (after consulting CJI). - Entitled to compensatory allowance (determined by Parliament). - Supreme Court (1977): transfer only exceptional, in public interest, not punishment. - Supreme Court (1994): judicial review necessary to check arbitrariness. Only transferred judge can challenge. | ||
| Acting, Adhoc and Retired Judges | Acting Chief Justice | - President can appoint SC judge as acting CJI when: CJI office vacant; CJI temporarily absent; CJI unable to perform duties. | |
| Ad Hoc Judge | - If lack of quorum of permanent judges to hold SC session, CJI can appoint HC judge as ad hoc judge for temporary period. - Only after consulting HC CJ & with President’s consent. - Appointed judge must be qualified for SC judge. - Duty to attend SC sittings (priority). Enjoys all jurisdiction, powers, privileges, duties of SC judge. - Holds office until permanent judge resumes or attains 62 years. | ||
| Retired Judge | - CJI can request retired SC judge or retired HC judge (qualified for SC judge) to act as SC judge for temporary period. - Only with President’s consent & consent of person. - Entitled to allowances determined by President. - Enjoys all jurisdiction, powers, privileges of SC judge. Not otherwise deemed SC judge. | ||
| Seat and Procedure | Seat of Supreme Court | - Constitution declares Delhi as seat. - SC can appoint other places as seat (with President’s approval). - Optional, not compulsory. No court can direct President/CJI to appoint other seat. | |
| Procedure of the Court | - SC can make rules for regulating practice & procedure (with President’s approval). - Constitutional cases/references (Art 143) decided by Bench of at least 5 judges. - Other cases decided by single judges & division benches. - Judgments delivered by open court. - Judgments by majority vote; dissenting judgments/opinions allowed. - Contempt of Courts Act (1971): SC has power to punish for contempt of itself, HCs, subordinate courts, tribunals. Civil contempt (wilful disobedience) or criminal contempt (scandalizes/lowers court, prejudices/interferes with judicial proceeding, interferes/obstructs administration of justice). Innocent publication, fair/accurate report, fair criticism not contempt. Punishable with simple imprisonment (up to 6 months) or fine (up to ₹2,000) or both. - No contempt proceedings after 1 year. Not applicable to Nyaya Panchayats/village courts. - Judicial Review: Power to examine constitutionality of legislative enactments & executive orders. Declare illegal/unconstitutional/invalid (null & void) if violate Constitution. Cannot be enforced. | ||
| Independence of Supreme Court | Provisions for Independence | - SC has significant role (federal court, highest appeal court, FR guarantor, Constitution guardian). - Independence essential from executive & legislature. - Constitution made following provisions: 1. Mode of Appointment: Judges appointed by President (cabinet) in consultation with judiciary (CJI, SC/HC judges). Curta ils executive discretion, ensures appointments not based on political/practical considerations. 2. Security of Tenure: Judges provided security of tenure. Removed by President only on Parliament recommendation (proved misbehaviour/incapacity). Do not hold office during President’s pleasure. 3. Fixed Service Conditions: Salaries/allowances/privileges/leave/pension determined by Parliament. Cannot be changed to disadvantage during term (except financial emergency). 4. Expenses Charged on Consolidated Fund: Salaries/allowances/pensions of judges & staff, administrative expenses charged on Consolidated Fund of India (non-votable by Parliament, can be discussed). 5. Conduct of Judges cannot be Discussed: Constitution prohibits discussion in Parliament/state legislature (except impeachment motion). 6. Ban on Practice after Retirement: Retired judges prohibited from pleading/acting in any court/authority within India (except SC/HC). Ensures no favor for future favor. 7. Power to Punish for its Contempt: SC can punish any person for its contempt. Maintains authority, dignity, honor. 8. Freedom to Appoint its Staff: CJI can appoint officers/servants without executive interference. Can prescribe conditions of service. 9. Its Jurisdiction cannot be Curtailed: Parliament not authorized to curtail jurisdiction/powers. Constitution guarantees various kinds. Parliament can extend. 10. Separation from Executive: SC is independent. | |
| Jurisdiction and Powers of Supreme Court | Classification | - Vested with extensive/effective powers. - Highest appeal court, FR protector, Constitution interpreter, supervisory/consultative roles. - Constitution does not contain detailed provisions; jurisdiction/powers same as before Constitution commencement. - Addition: HC jurisdiction over revenue matters. - Classification of jurisdiction/powers: 1. Original Jurisdiction. 2. Writ Jurisdiction. 3. Appellate Jurisdiction. 4. Advisory Jurisdiction. 5. A Court of Record. 6. Power of Judicial Review. 7. Constitutional Interpretation. 8. Other Powers. - Present jurisdiction/powers governed by: constitutional provisions, Letters Patent, Acts of Parliament, Acts of State Legislature, IPC, CrPC, CPC. | |
| Original Jurisdiction | - As federal court, decides disputes between different units of Indian Federation. - Exclusive original jurisdiction: no other court can decide. Original: hear in first instance, not appeal. - Disputes: (a) Centre & 1+ states. (b) Centre + 1+ states on one side, 1+ states on other. (c) 2+ states. - Dispute must involve question of law/fact on legal right. - Excludes political nature questions. - Does not extend to disputes from pre-Constitution treaty/agreement/covenant/engagement/sanad. - Does not extend to matters referred to Finance Commission. - Does not extend to adjustment of expenses/pensions between Centre & states. - Does not extend to inter-state river water disputes (Art 262). - State of West Bengal vs. Union of India (1961): SC dismissed suit, upheld validity of Coal Bearing Areas (Acquisition and Development) Act 1957. | ||
| Writ Jurisdiction | - Constitution (Art 32) empowers SC to issue writs (habeas corpus, mandamus, prohibition, certiorari, quo warranto) for FR enforcement. - Original jurisdiction, but not exclusive (concurrent with HC under Art 226). - SC’s writ jurisdiction narrower than HC (SC only for FRs; HC for FRs & other purposes). - SC’s territorial jurisdiction wider than HC (SC: throughout India; HC: within its territorial jurisdiction or where cause of action arises). - Remedy under Art 32 is FR, so SC cannot refuse jurisdiction. - L. Chandra Kumar case (1997): SC ruled writ jurisdiction of SC/HC is part of basic structure, cannot be ousted/excluded by amendment. | ||
| Appellate Jurisdiction | - Primarily court of appeal. - Hears appeals against judgments of HCs, subordinate courts. - Replaced British Privy Council as highest appeal court. - Classified under 4 heads: (a) Constitutional matters: Appeal against HC judgment if HC certifies substantial question of law requiring Constitution interpretation. Party can appeal on ground of wrong decision. (b) Civil matters: Appeal against HC judgment if HC certifies substantial question of law of general importance & needs SC decision. (Monetary limit of ₹20,000 removed by 30th Constitutional Amendment Act 1972). (c) Criminal matters: Appeal against HC judgment if HC: (i) Reversed acquittal & sentenced to death. (ii) Taken case from subordinate court, convicted, sentenced to death. (iii) Certifies case fit for appeal. - First 2 cases: appeal as matter of right. No appeal if HC reversed conviction & acquitted. (d) Appeal by Special Leave (Art 136): SC authorized to grant special leave to appeal from any judgment in any matter passed by any court/tribunal (except military tribunal/court martial). - Discretionary power, not right. Exercised sparingly, in special extraordinary situations. - 4 aspects: discretionary, for any judgment (final/interlocutory), for any matter (constitutional, civil, criminal, income-tax, labor, revenue, advocates), against any court/tribunal (not HC, except military court). | ||
| Advisory Jurisdiction | - Constitution (Art 143) authorizes President to seek SC opinion in 2 categories: (a) Any question of law/fact of public importance (arisen or likely to arise). (b) Any dispute from pre-Constitution treaty/agreement/covenant/engagement/sanad (excluded from original jurisdiction). - First case: SC can tender or refuse opinion. Second case: SC ‘must’ tender opinion. - Opinion is advisory, not judicial pronouncement. Not binding on President. - Facilitates GoI to have authoritative legal opinion. - 15 references made so far. | ||
| A Court of Record | - SC is a court of record (Art 129). - 2 powers: (a) Judgments, proceedings, acts recorded for perpetual memory/testimony. Records admitted as evidentiary value, not questioned. Recognized as legal precedents/references. (b) Power to punish for contempt of itself. - Contempt of Courts Act (1971): SC can punish for contempt of itself, HCs, subordinate courts, tribunals. Civil contempt (wilful disobedience) or criminal contempt (scandalizes/lowers court, prejudices/interferes with judicial proceeding, interferes/obstructs administration of justice). Innocent publication, fair/accurate report, fair criticism not contempt. Punishable with simple imprisonment (up to 6 months) or fine (up to ₹2,000) or both. - No contempt proceedings after 1 year. Not applicable to Nyaya Panchayats/village courts. | ||
| Power of Judicial Review | - Power to examine constitutionality of legislative enactments & executive orders of Central & state governments. - Declare illegal/unconstitutional/invalid (null & void) if violate Constitution. Cannot be enforced. - Phrase ‘judicial review’ not used in Constitution, but Art 13 & 226 explicitly confer power on HC. | ||
| Review Jurisdiction | - SC has power to review any judgment/order. - Review petition filed within 30 days of judgment/order. - Submitted to same judge/bench that delivered judgment. - Allowed on 3 grounds: discovery of new/important matter/evidence; mistake/error apparent on record; any other sufficient reason. - Court can dismiss or direct notice to opposite party. - Even after dismissal, can reconsider final judgment by ‘curative petition’ on limited grounds: violation of natural justice principles; cure gross miscarriage of justice. | ||
| Constitutional Interpretation | - Ultimate interpreter of Constitution. - Gives final version to spirit/content of provisions, verbiage. - Guided by various doctrines: 1. Doctrine of Severability. 2. Doctrine of Waiver. 3. Doctrine of Eclipse. 4. Doctrine of Territorial Nexus. 5. Doctrine of Pith and Substance. 6. Doctrine of Colourable Legislation. 7. Doctrine of Implied Powers. 8. Doctrine of Incidental and Ancillary Powers. 9. Doctrine of Precedent. 10. Doctrine of Occupied Field. 11. Doctrine of Prospective Overruling. 12. Doctrine of Harmonious Construction. 13. Doctrine of Liberal Interpretation. - Other Powers: Decides President/VP election disputes (original, exclusive, final authority). Inquires into conduct of UPSC/SPSC/JSPSC Chairman/members (on President’s reference). Can withdraw cases pending before HCs, transfer cases between HCs. Law binding on all courts. Decree/order enforceable throughout country. Authorities (civil/judicial) act in aid of SC. Judicial superintendence/control over all courts/tribunals. Parliament can enlarge jurisdiction/powers for Union List matters, or for other matters by special agreement with Centre/states. | ||
| Indian and American Supreme Courts Compared | Differences | - Differences in jurisdiction & powers. 1. Original jurisdiction: India confined to federal cases; USA covers federal, naval, maritime, ambassadors. 2. Appellate jurisdiction: India covers constitutional, civil, criminal; USA covers constitutional only. 3. Special leave to appeal: India has very wide discretion; USA has no such plenary power. 4. Advisory jurisdiction: India has; USA has no. 5. Scope of judicial review: India limited; USA very wide. 6. Defense of citizen rights: India ‘procedure established by law’; USA ‘due process of law’. 7. Enlargement of jurisdiction/powers: India by Parliament; USA limited to Constitution. 8. Judicial superintendence/control over state HCs: India has (integrated system); USA has no (double/separated system). | |
| 27. Judicial Review | Meaning of Judicial Review | Definition | - Power of judiciary to examine constitutionality of legislative enactments & executive orders. - Declare illegal/unconstitutional/invalid (null & void) if violate Constitution. - Consequently, cannot be enforced by Government. |
| Importance of Judicial Review | Significance | - SC has pointed out significance. - Chief Justice Kania (A.K. Gopalan case): ‘Constitution is supreme… judiciary decides constitutionality’. - Chief Justice Patanjali Shastri (State of Madras case): ‘Constitution contains express provisions for judicial review… role of sentinel on the qui vive’. - Justice Khanna (Kesavananda Bharati case): ‘power of judicial review… to see that the guarantees afforded by these Rights are not contravened’. - Justice Bhagwati (State of Rajasthan case): ‘Constitution is supreme lex… no branch of government above it… SC is ultimate interpreter’. - Chief Justice Chandrachud (Minerva Mills case): ‘function of the Judges… to pronounce upon the validity of laws… controlled Constitution will then become uncontrolled’. - Chief Justice Ahmadi (L. Chandra Kumar case): ‘judges entrusted with task of upholding Constitution… ensure balance of power… legislature and executive do not transgress constitutional limitations’. - Justice Ramaswami (S.S. Bola case): ‘founding fathers very wisely… incorporated judicial review… maintain balance of federalism, protect Fundamental Rights… adjust Constitution to new conditions’. | |
| Constitutional Provisions for Judicial Review | Articles Conferring Power | - Phrase ‘Judicial Review’ not used in Constitution. - Explicitly conferred by several articles on SC & HCs: 1. Art 13: declares laws inconsistent with FRs as null & void. 2. Art 32: guarantees right to move SC for FR enforcement, empowers SC to issue writs. 3. Art 131: SC original jurisdiction for Centre-state & inter-state disputes. 4. Art 132: SC appellate jurisdiction for constitutional cases. 5. Art 133: SC appellate jurisdiction for civil cases. 6. Art 134: SC appellate jurisdiction for criminal cases. 7. Art 134-A: certificate for appeal to SC from HC (added by 44th Amendment Act 1978). 8. Art 135: empowers SC to exercise Federal Court’s jurisdiction/powers under pre-Constitution law. 9. Art 136: authorizes SC to grant special leave to appeal from any court/tribunal (except military). 10. Art 143: authorizes President to seek SC opinion on law/fact. 11. Art 226: empowers HCs to issue directions/orders/writs for FR enforcement & other purposes. 12. Art 227: vests HCs with power of superintendence over all courts/tribunals (except military). 13. Art 245: deals with territorial extent of laws by Parliament/state legislatures. 14. Art 246: deals with subject matter of laws by Parliament/state legislatures (Union, State, Concurrent Lists). 15. Art 251 & 254: Central law prevails in conflict with state law. 16. Art 372: deals with continuance of pre-Constitution laws. - Articles related to Supreme Court in Table 26.3. | |
| Scope of Judicial Review | Grounds for Challenge | - Constitutional validity of legislative enactment/executive order challenged in SC/HC on 3 grounds: (a) Infringes Fundamental Rights (Part III). (b) Outside competence of authority that framed it. (c) Repugnant to constitutional provisions. - Scope in India narrower than USA. - USA: ‘due process of law’ (wide scope, can declare void on substantive/procedural grounds, unreasonableness). - India: ‘procedure established by law’ (examines only substantive question: within powers of authority). Not expected to go into reasonableness/suitability/policy implications. - NTPC case (2002): SC explained doctrine of territorial nexus. | |
| Judicial Review of the Ninth Schedule | Evolution of Review | - Article 31B: saves acts/regulations in Ninth Schedule from challenge for FR contravention. Added by 1st Constitutional Amendment Act (1951). - Originally 13 acts/regulations in Ninth Schedule; presently 282. - Kesavananda Bharati case (1973): SC ruled laws in Ninth Schedule open to challenge if violate basic structure. - Waman Rao case (1980): SC clarified laws added to Ninth Schedule after April 24, 1973 (Kesavananda Bharati judgment date) are valid only if they don’t damage basic structure. - I.R. Coelho case (2007): SC reaffirmed no blanket immunity. Judicial review is ‘basic feature’. Laws placed in Ninth Schedule after April 24, 1973, open to challenge if violate Art 14, 15, 19, 21 or basic structure. - Conclusion of I.R. Coelho case: 1. Law abrogating/abridging FRs may violate basic structure. If so, invalidated by judicial review. Validity determined by ‘direct impact & effect test’ (rights test). 2. Majority judgment in Indira Gandhi case (1975) read with Kesavananda Bharati case requires validity of each new amendment judged on merits. ‘Impact test’ determines validity. 3. All amendments after April 24, 1973, amending Ninth Schedule, tested on basic/essential features (Art 21, 14, 19 principles). ‘Rights test’ & ‘essence of the right’ test apply. 4. Justification for protection on laws in Ninth Schedule: constitutional adjudication by examining nature/extent of FR infraction, on touchstone of basic structure doctrine (Art 21, 14, 19, ‘rights test’, ‘essence of the right’ test). 5. If Ninth Schedule law already upheld, not open to challenge again. But if law violating FRs subsequently incorporated, open to challenge. 6. Action/transactions finalized as result of impugned Acts not open to challenge. - Number of Acts/Regulations in Ninth Schedule in Table 27.1. | |
| 28. Judicial Activism | Meaning of Judicial Activism | Definition | - Term coined 1947 by Arthur Schlesinger Jr. (American historian/educator). - Introduced in India mid-1970s by Justices V.R. Krishna Iyer, P.N. Bhagwati, O. Chinnappa Reddy, D.A. Desai. - Denotes proactive role of judiciary in protecting citizen rights & promoting justice. - Implies assertive role to force other organs (legislature, executive) to discharge constitutional duties. - Also ‘judicial dynamism’. Antithesis of ‘judicial restraint’. - Definitions: 1. ‘Exercising judicial power that motivates judges to depart from normally practised strict adherence to judicial precedent in favour of progressive and new social policies’. Marked by decisions for social engineering, occasional intrusion into legislative/executive matters. 2. ‘Practice in the judiciary of protecting or expanding individual rights through decisions that depart from established precedent, or are independent of, or in opposition to supposed constitutional or legislation intent’. 3. ‘Process of law-making by judges’. Active interpretation of existing legislation to enhance utility for social betterment. Different from ‘judicial pessimism’. 4. ‘Philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions’. 5. ‘Procedure to evolve new principles, concepts, maxims, formulae and relief to do justice or to expand the standing of the litigant and open the door of courts for needy or to entertain litigation affecting the entire society or a section of it’. |
| Aspects of Judicial Activism | Two Major Aspects | - 2 major aspects in Indian Judiciary: (i) Directions issued by courts to government authorities for citizen rights protection & public interest fulfillment. Cases under Public Interest Litigation (PIL). (ii) Interpretation of fundamental rights: especially Art 14 (equality), 19 (freedom), 21 (life/personal liberty). Courts expanded scope of these rights. - Judicial Review vs. Judicial Activism: 1. Judicial review (mid-20th century) acquired nickname ‘judicial activism’. Activism is form of judicial review where judges participate in law-making (uphold/invalidate laws, exercise policy preferences). 2. Judicial review: interpretation of law in light of constitutional parameters. Judicial activism: molding law to suit changing scenario, make ideals meaningful. 3. ‘Judicial activism’: describes judicial legislation (judges making positive law). No standard definition. Stresses judicial review & powerful judiciary. 4. Expanded locus standi in PIL expanded court jurisdiction. This expanded role called ‘judicial activism’ by critics. 5. Judicial activism in constitutional cases falls under judicial review. Court intervenes & strikes down legislation. - Dr. G. Rajasekar: ‘judicial activism is a philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions’. - P.B. Sawant: ‘judicial activism is a procedure to evolve new principles, concepts, maxims, formulae and relief to do justice or to expand the standing of the litigant and open the door of courts for needy or to entertain litigation affecting the entire society or a section of it’. | |
| Justification of Judicial Activism | Reasons | - Dr. B.L. Wadehra: reasons for judicial activism: (i) Near collapse of responsible government: legislature & executive fail to discharge duties, erodes confidence in Constitution/democracy. (ii) Citizens look to judiciary: for rights/freedoms protection, tremendous pressure on judiciary. (iii) Judicial Enthusiasm: judges like to participate in social reforms, encourages PIL, liberalizes ‘Locus Standi’. (iv) Legislative Vacuum: certain areas not legislated upon, court indulges in judicial legislation to meet social needs. (v) Constitution gives scope: certain provisions give judiciary enough scope to legislate/play active role. - Subhash Kashyap: eventualities when judiciary may overstep normal jurisdiction: (i) Legislature fails to discharge responsibilities. (ii) ‘Hung’ legislature, weak/insecure government, unable to take decisions. (iii) Those in power afraid of taking honest decisions, refer public issues to courts. (iv) Legislature/executive fail to protect basic rights (decent life, healthy surroundings, honest/efficient system). (v) Court misused by authoritarian parliamentary government (during emergency aberration). | |
| Activators of Judicial Activism | Typology of Activists | - Upendra Baxi delineated typology of social/human rights activists who activated judicial activism: 1. Civil Rights Activists: focus on civil & political rights. 2. People Rights Activists: focus on social & economic rights in contexts of state repression. 3. Consumer Rights Groups: raise consumer rights issues. 4. Bonded Labour Groups: demand annihilation of wage slavery. 5. Citizens for Environmental Action: activate judiciary against environmental degradation/pollution. 6. Citizen Groups against Large Irrigation Projects: ask judiciary to cease/desist from mega irrigation projects. 7. Rights of Child Groups: focus on child labor, literacy, juveniles in custody, rights of children born to sex workers. 8. Custodial Rights Groups: include social action by prisoners’ rights groups, women under state ‘protective’ custody, persons under preventive detention. 9. Poverty Rights Groups: litigate issues on drought/famine relief, urban impoverished. 10. Indigenous People’s Rights Groups: agitate for forest dwellers, citizens of Fifth/Sixth Schedules, identity rights. 11. Women’s Rights Groups: agitate for gender equality, gender-based violence, harassment, rape, dowry murders. 12. Bar-based Groups: agitate for autonomy/accountability of Indian judiciary. 13. Media Autonomy Groups: focus on autonomy/accountability of press & state-owned mass media. 14. Assorted Lawyer-Based Groups: critically influential lawyers’ groups for various causes. 15. Assorted Individual Petitioners: freelance activist individuals. | |
| Apprehensions of Judicial Activism | Fears Generated | - Upendra Baxi presented typology of fears: 1. Ideological fears: usurping powers of legislature/executive/autonomous institutions. 2. Epistemic fears: lack of knowledge in economic/scientific matters. 3. Management fears: increased litigation workload, staggering arrears. 4. Legitimation fears: depletion of symbolic/instrumental authority, bypass/ignore executive, erosion of people’s faith. 5. Democratic fears: nurturing democracy or depleting potential. 6. Biographic fears: impact on judge’s national affairs standing after superannuation. | |
| Judicial Activism vs. Judicial Restraint | Meaning of Judicial Restraint | - Two alternative judicial philosophies (USA). - Proponents: judges’ role limited to saying what law is, leaving law-making to legislators/executives. - Judges’ personal political values/policy agendas should not color opinions. - Holds ‘original intent’ of authors guides courts. - Iain McLean & Alistair McMillan: ‘scrupulously limited… job is merely to say what the law is’. | |
| Assumptions of Judicial Restraint | - 6 assumptions (USA): 1. Court basically undemocratic (non-elective, non-responsive to popular will). Oligarchic composition, defers to democratic branches. 2. Questionable origins of judicial review power (not specifically granted). 3. Doctrine of separation of powers. 4. Concept of federalism (dividing powers) requires deference to state governments/officials. 5. Court dependent on Congress for jurisdiction/resources, public acceptance for effectiveness. Ought not to overstep boundaries. 6. Aristocratic notion: court of law, inheritor of Anglo-American legal tradition. Ought not to go too far into politics (law is reason/judgment, politics is power/influence). - All assumptions (except second) hold good in Indian context. | ||
| Supreme Court Observations | - Supreme Court (Dec 2007) called for judicial restraint. - Judges not to take over legislative/executive functions. - Broad separation of powers; each organ respects others’ domain. - Bench: ‘judges unjustifiably trying to perform executive or legislative functions… clearly unconstitutional’. ‘Judges must know their limits… not behave like emperors’. - Montesquieu’s ‘The Spirit of Laws’: consequences of not maintaining separation of powers. - Judicial restraint consistent with & complementary to balance of power. - Fosters equality between branches, minimizes inter-branch interference. - Protects judiciary independence. - If courts encroach, voters/legislators/elected officials will monitor judges. | ||
| 29. Public Interest Litigation | Meaning of PIL | Definition | - Originated/developed in USA (1960s). - Provided legal representation to unrepresented groups/interests (poor, environmentalists, consumers, minorities). - In India, closely related to judicial activism. - Emergence attributed to judicial activism of SC. - Most popular form/manifestation of judicial activism. - Introduced in India early 1980s by Justices V.R. Krishna Iyer & P.N. Bhagwati. - Also known as Social Action Litigation (SAL), Social Interest Litigation (SIL), Class Action Litigation (CAL). - Facilitated by relaxation of traditional ‘locus standi’ rule (only infringed person could move court). - Under PIL, public-spirited citizen/social organization can move court for rights enforcement of persons/groups unable to approach court (poverty, ignorance, social/economic disadvantage). - Any public member with ‘sufficient interest’ can approach court for common grievance. - Supreme Court: ‘legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected’. - Absolutely necessary for: maintaining rule of law, furthering justice, effective access to justice for weaker sections, meaningful realization of constitutional objectives. - Real purposes: vindication of rule of law, effective access to justice, meaningful realization of fundamental rights. |
| Features of PIL | Characteristics | - 8 features: 1. Strategic arm of legal aid movement; brings justice to poor masses. 2. Different from traditional litigation (not adversary, promotes public interest). 3. Brought before court for public interest, not individual rights. 4. Demands redressal of violations of constitutional/legal rights of large numbers of people (poor, ignorant, disadvantaged). 5. Cooperative effort of petitioner, State, Public Authority, Court to secure observance of constitutional/legal rights, benefits. 6. Undertaken for redressal of public injury, enforcing public duty, protecting social/collective/diffused rights. 7. Court’s role more assertive, creative, positive. 8. Court enjoys flexibility in procedure (traditional private litigation). | |
| Scope of PIL | Categories of Cases | - Supreme Court (1988) formulated guidelines for entertaining PIL letters/petitions (modified 1993, 2003). - Only following categories ordinarily entertained: 1. Bonded labor matters. 2. Neglected children. 3. Non-payment of minimum wages, exploitation of casual workers, Labor Laws violations. 4. Petitions from jails (harassment, pre-mature release, release after 14 years, death in jail, transfer, release on personal bond, speedy trial). 5. Petitions against police (refusal to register case, harassment, death in custody). 6. Petitions against atrocities on women (harassment, bride burning, rape, murder, kidnapping). 7. Petitions complaining of harassment/torture of villagers by co-villagers or police from SC/ST/economically backward classes. 8. Petitions pertaining to environmental pollution, ecological balance, drugs, food adulteration, heritage/culture maintenance, antiques, forest/wildlife. 9. Petitions from riot-victims. 10. Family pension. - Cases not entertained as PIL: landlord-tenant matters, service matters, pension/gratuity, complaints against Central/State Government departments/Local Bodies (except those in 1-10), admission to medical/educational institutions, early hearing of cases in HC/subordinate courts. - Court ordinarily does not transgress into policy. - Court ordinarily does not step out of known areas of judicial review. - HC ordinarily not entertain writ petition questioning constitutionality/validity of statute. | |
| Principles of PIL | Guidelines for Admitting PIL | - SC evolved principles for PIL: 1. Court can entertain petition by any interested person in welfare of disadvantaged people (constitutionally bound to protect FRs, direct State to fulfill promises). 2. If public importance issues, FRs of large numbers, constitutional duties/functions of State raised, court treats letter/telegram as PIL. Relaxes procedural laws. 3. If injustice to large numbers, court invokes Art 14/21 & International Conventions on Human Rights (provide reasonable/fair trial). 4. If prima facie satisfied about FR violation of disadvantaged group, court may not allow State/GoI to question maintainability. 5. Purely private law disputes between warring groups not allowed as PIL. 6. In appropriate case, if petitioner moved for private interest, court can treat as PIL for public interest. 7. In special situations, court can appoint Commission/bodies to investigate allegations, find facts. Can direct management of public institution. - Supreme Court: ‘PIL is not a pill or a panacea for all wrongs… need to re-emphasise parameters’. - SC laid down guidelines to check misuse: 1. Encourage genuine PIL, discourage extraneous PIL. 2. HCs to formulate rules for genuine PIL, discourage oblique motives. 3. Prima facie verify petitioner’s credentials. 4. Prima facie satisfied about correctness of petition contents. 5. Fully satisfied substantial public interest involved. 6. Larger public interest, gravity, urgency petitions prioritized. 7. PIL aimed at genuine public harm/injury. Ensure no personal gain, private motive, oblique motive. 8. Discourage frivolous petitions by imposing exemplary costs. | |
| Guidelines for Admitting PIL | Parameters | - PIL has occupied important field in law administration. - Not allowed to become ‘Publicity Interest Litigation’ or ‘Politics Interest Litigation’ or ‘Private Interest Litigation’ or ‘Paisa Interest Litigation’ or ‘Middle-class Interest Litigation (MIL)’. - BALCO Employees Union vs. Union of India (2001): SC observed PIL is not panacea for all wrongs, meant to protect basic human rights of weak/disadvantaged. Instances of abuse increasing. - State of Uttaranchal vs. Balwant Singh Chaupal (2010): SC laid down guidelines to check misuse of PIL. | |
| 30. Governor | Appointment of Governor | Procedure | - Constitution (Part VI, Art 153-167) deals with state government. - State executive: governor, chief minister, council of ministers, advocate general. - No vice-governor office (unlike VP at Centre). - Governor: chief executive head of state. Nominal executive (titular/constitutional). Acts as Centre’s agent. Dual role. - Usually one governor per state. 7th Constitutional Amendment Act (1956) facilitated same person as governor for 2+ states. - Governor neither directly elected by people nor indirectly elected by electoral college (unlike President). - Appointed by President by warrant under hand & seal. - Nominee of Central government. - Hargovind Pant case (1979): SC held governor’s office not employment under Central government. Independent constitutional office, not under Central government control. - Draft Constitution provided for direct election of governor (universal adult suffrage). Constituent Assembly opted for President appointment due to: 1. Incompatible with parliamentary system in states. 2. Direct election likely to create conflicts between governor & CM. 3. Governor only constitutional head, no point in elaborate election arrangements. 4. Elected governor would be partisan, not neutral/impartial. 5. Elected governor would create separatist tendencies, affect stability/unity. 6. Presidential nomination enables Centre to maintain control. 7. Direct election creates leadership problem for CM. 8. CM’s nominee would contest, second rate man elected. |
| Qualifications, Oath and Conditions | Qualifications | - 2 qualifications: 1. Citizen of India. 2. Completed 35 years of age. - Sarkaria Commission (1983-88) recommendations on selection/appointment: 1. Eminent in some walk of life. 2. Person from outside state. 3. Detached figure, not intimately connected with local politics. 4. Person not taken too great part in politics generally, particularly in recent past. 5. Politician from ruling party at Centre not appointed governor of state run by other party. 6. Procedure of consultation with state CM prescribed in Constitution (amending Art 155). 7. VP & Speaker LS consulted by PM in selecting governor (consultation confidential, informal, not constitutional obligation). | |
| Oath or Affirmation | - Before office, governor makes oath/affirmation. - Swears to: faithfully execute office; preserve, protect, defend Constitution & law; devote self to service/well-being of people. - Administered by Chief Justice of concerned state HC (or seniormost HC judge). - Person discharging functions also takes same oath. | ||
| Conditions of Office | - 6 conditions: 1. Not member of Parliament/state legislature. If appointed, deemed to vacate seat. 2. Not hold any other office of profit. 3. Entitled to use official residence (Raj Bhawan) without rent. 4. Emoluments/allowances/privileges determined by Parliament. 5. Emoluments/allowances cannot be diminished during term. 6. If same person appointed governor of 2+ states, emoluments/allowances shared by states (determined by President). - Salary increased from ₹1.10 lakh to ₹3.50 lakh per month (2018). | ||
| Term of Governor’s Office | Pleasure of the President | - Holds office for 5 years from entry date. - Subject to pleasure of the President. - Can resign by addressing letter to President. - Surya Narain case (1981): SC held President’s pleasure not justiciable. Governor no security of tenure, no fixed term. Can be removed by President any time. - Constitution does not lay down grounds for removal. - National Front GoI (V.P. Singh, 1989) asked all governors to resign (appointed by Congress). Some replaced, some continued. - Congress GoI (P.V. Narasimha Rao, 1991) changed 14 governors. - President can transfer governor from one state to another for rest of term. - Governor whose term expired can be reappointed in same/other state. - Holds office beyond 5 years until successor assumes charge. - President can make provisions for discharge of governor’s functions in contingency (e.g., death of sitting governor). HC CJ can be appointed temporarily. | |
| Powers and Functions of Governor | Classification | - Possesses executive, legislative, financial, judicial powers (analogous to President). - No diplomatic, military, emergency powers (unlike President). - Classified into 4 heads: Executive, Legislative, Financial, Judicial. | |
| Executive Powers | - All executive actions of state government formally in his name. - Can make rules for authentication of orders/instruments. - Can make rules for convenient transaction of state government business, allocation among ministers. - Appoints CM & other ministers (hold office during his pleasure). Tribal Welfare minister in Chhattisgarh, Jharkhand, MP, Odisha (Bihar excluded by 94th Amendment Act 2006). - Appoints Advocate General (determines remuneration, holds office during his pleasure). - Appoints State Election Commissioner (determines conditions of service/tenure). Removed by President only. - Appoints Chairman & members of state public service commission (removed by President only). - Can seek information from CM on state affairs, legislative proposals. - Can require CM to submit any matter (decision taken by minister, not considered by council) for council’s consideration. - Can recommend imposition of constitutional emergency (President’s Rule) in state. - During President’s Rule, enjoys extensive executive powers as President’s agent. - Acts as chancellor of universities in state. Appoints vice-chancellors. | ||
| Legislative Powers | - Integral part of state legislature. - Can summon/prorogue state legislature, dissolve state legislative assembly. - Can address state legislature (first session after general election, first session of each year). - Can send messages to Houses (bills, other matters). - Can appoint any state legislative assembly member to preside if Speaker/Deputy Speaker vacant. - Can appoint any state legislative council member to preside if Chairman/Deputy Chairman vacant. - Nominates 1/6 of state legislative council members (special knowledge/practical experience). - Nominates 1 Anglo-Indian member to state legislative assembly (discontinued 2020). - Decides questions of MLA/MLC disqualification (in consultation with EC). - Veto Power over State Legislation: 4 alternatives for bill passed by state legislature: (a) Give assent (bill becomes Act). (b) Withhold assent (bill ends). (c) Return bill for reconsideration (if not money bill). If passed again, must give assent. (d) Reserve bill for President’s consideration. Obligatory if endangers HC position. Also if ultra-vires, opposed to DPs, against larger country interest, of grave national importance, dealing with compulsory acquisition (Art 31A). - Ordinance-Making Power: Can promulgate ordinances when state legislature not in session. Ordinance has same force/effect as state legislature act. Subject to 4 limitations: 1. Can promulgate only when legislative assembly not in session or either House not in session. (Can promulgate if only one House in bicameral legislature in session). 2. Can promulgate only if satisfied circumstances exist for immediate action. 3. Co-extensive with state legislative power (only on state subjects). 4. Every ordinance laid before state legislature when reassembles. Ceases 6 weeks from reassembly if not approved. Can cease earlier if disapproved. Can be retrospective, modify/repeal act/ordinance/tax law. Cannot amend Constitution. - Most important legislative power. D.C. Wadhwa case (1986): SC ruled successive repromulgation of ordinances unconstitutional. Exceptional power, not substitute for legislative power. - Lays reports of State Finance Commission, State PSC, CAG before state legislature. | ||
| Financial Powers | - Sees that Annual Financial Statement (state budget) laid before state legislature. - Money bills introduced in state legislature only with his prior recommendation. - No demand for grant made except on his recommendation. - Can make advances from Contingency Fund of state for unforeseen expenditure. - Constitutes State Finance Commission every 5 years (reviews panchayat/municipality financial position). | ||
| Judicial Powers | - Can grant pardon, reprieve, respite, remission, commute punishment/sentence for state law offence. - Consulted by President while appointing HC judges. - Makes appointments, postings, promotions of district judges (in consultation with HC). - Appoints persons to judicial service of state (other than district judges) (in consultation with HC & State PSC). | ||
| Constitutional Position of Governor | Dual Role | - Constitution provides for parliamentary government in states. - Governor: nominal executive, real executive is council of ministers (CM head). - Exercises powers/functions with aid & advice of council of ministers, except in discretionary matters. - Differences from President: 1. Governor can act in discretion; President has no such possibility. 2. After 42nd Amendment, ministerial advice binding on President; no such provision for governor. - Constitution: if question arises whether matter falls within governor’s discretion, his decision is final. Validity of his actions cannot be questioned. - Governor has constitutional discretion in: 1. Reservation of bill for President’s consideration. 2. Recommendation for President’s Rule. 3. Exercising functions as administrator of adjoining UT. 4. Determining amount payable by GoA, Meghalaya, Tripura, Mizoram to autonomous Tribal District Council as royalty. - Also has situational discretion (hidden discretion) from political exigencies: 1. Appointment of CM when no clear majority or CM dies suddenly. 2. Dismissal of council of ministers when it cannot prove confidence. 3. Dissolution of state legislative assembly if council lost majority. | |
| Issues in the Governor’s Functioning | Sarkaria Commission Findings | - Sarkaria Commission (1983-88) identified issues (still relevant). 1. Choosing Chief Minister: Governor exercises discretion when no clear majority. Calls leader of largest party/coalition, asks to seek confidence vote. Procedure leaves little scope for partisanship. 2. Testing Majority: Governors used various ways (lists of supporters, physical verification). 3. Dismissal of Chief Minister: No uniformity in criteria. CM cannot continue if loses majority. Normal to resign or face assembly. 4. Dissolving Legislative Assembly: Various governors adopted different approaches. Advice of CM with majority support normally binding. Some refused, some accepted. 5. Recommending President’s Rule: Governors recommended without exhausting all steps, gave no fair chance to parties, did not allow fresh appeal to electorate. Criticized as partisan. No uniformity. 6. Reserving Bills for President’s Consideration: Created controversy. 7. Nominations to Legislative Council: Use of discretion criticized. 8. Exercise of Discretion as Chancellor of University: Use of discretion criticized. Governors acted as Chancellor under statute, not as Governor. | |
| 31. Chief Minister | Appointment of Chief Minister | Procedure | - CM: real executive authority of state. Governor: nominal executive. - CM: head of state government. - Position analogous to PM at Centre. - Constitution does not contain specific procedure for selection/appointment. - Article 164: CM appointed by Governor. - Convention: Governor appoints leader of majority party in state legislative assembly as CM. - If no clear majority: Governor exercises personal discretion (appoints leader of largest party/coalition, asks to seek confidence vote within 1 month). - If CM in office dies suddenly: ruling party usually elects new leader, Governor has no choice but to appoint. - Sarkaria Commission (1983-88) recommendations on selection/appointment: 1. Governor guided by principles: call party/coalition with widest support in assembly; if pre-poll alliance, treat as one party; if no clear majority, select CM in order of preference (pre-poll alliance, largest single party, post-electoral coalition with partners, post-electoral alliance with independents). 2. Governor’s judgment on CM’s majority support tested on floor of House. - Constitution does not require CM to prove majority before appointment. Governor can appoint first, then ask to prove majority within reasonable period. - Person not state legislature member can be CM for 6 months (must be elected within 6 months). - CM can be member of either House (usually Lower House). - Sarkaria Commission: CM should seek confidence vote within 30 days. |
| Oath, Term and Salary | Oath of Office and Secrecy | - Before office, Governor administers oaths of office & secrecy. - Oath of office: swear to bear true faith/allegiance to Constitution, uphold sovereignty/integrity, faithfully discharge duties, do right to all people without fear/favor/affection/ill will. - Oath of secrecy: swear not to directly/indirectly communicate/reveal matters brought under consideration or known as state minister, except as required for duties. | |
| Term | - Term not fixed; holds office during pleasure of the Governor. - Not mean Governor can dismiss any time. CM stays as long as enjoys majority support in legislative assembly. - If loses confidence of assembly: must resign or Governor can dismiss. - S.R. Bommai case (1994): SC ruled Governor cannot dismiss CM without proving majority on floor of House. | ||
| Salary | - Determined by state legislature. - Gets salary/allowances payable to MLA/MLC. - Additionally: sumptuary allowance, free accommodation, traveling allowance, medical facilities. | ||
| Powers and Functions of Chief Minister | In Relation to Council of Ministers | - As head of state council of ministers: (a) Recommends persons for appointment as ministers (Governor appoints only recommended persons). (b) Allocates & reshuffles portfolios. (c) Can ask minister to resign or advise Governor to dismiss (for difference of opinion). (d) Presides over council meetings, influences decisions. (e) Guides, directs, controls, coordinates activities of all ministers. (f) Can bring about collapse of council by resigning (resignation/death of CM dissolves council). Resignation/death of other minister creates vacancy only. | |
| In Relation to the Governor | - Principal channel of communication between Governor & council of ministers (Art 167). Duty to: communicate all council decisions (state affairs, legislative proposals); furnish information Governor calls for; submit any matter (decision by minister, not considered by council) for council’s consideration if Governor requires. - Advises Governor on appointment of important officials (Advocate General, State PSC Chairman & members, State Election Commissioner). | ||
| In Relation to State Legislature | - Leader of the house. (a) Advises Governor on summoning/proroguing state legislature sessions. (b) Can recommend dissolution of legislative assembly to Governor any time. (c) Announces government policies on floor of House. | ||
| Other Powers and Functions | - Chairman of State Planning Board. - Acts as vice-chairman of concerned zonal council (by rotation, 1 year term). - Member of Inter-State Council & Governing Council of NITI Aayog. - Chief spokesman of state government. - Crisis manager-in-chief at political level during emergencies. - Leader of the state (meets people, receives memoranda). - Leader of the party in power. - Political head of the services. - Governor’s discretionary powers reduce CM’s power/authority/influence/prestige/role. | ||
| Relationship with the Governor | Constitutional Provisions | - Constitution deals with relationship between Governor & CM: 1. Art 163: Council of ministers (CM head) to aid & advise Governor (Governor acts on advice, except in discretionary matters). If question arises whether matter falls within Governor’s discretion, his decision is final. Validity of his actions cannot be questioned. 2. Art 164: CM appointed by Governor; other ministers appointed by Governor on CM’s advice. Ministers hold office during Governor’s pleasure. Council collectively responsible to legislative assembly. 3. Art 167: CM’s duty to communicate decisions/information to Governor. - Nature of advice tendered by ministers to Governor cannot be inquired into in any court (emphasizes intimate/confidential relationship). - Shamsher Singh case (1974): SC held Governor acts on aid & advice of council of ministers (not personal satisfaction), except in discretionary spheres. | |
| 32. State Council of Ministers | Constitutional Provisions | Articles 163, 164, 166, 167, 177 | - Constitution provides for parliamentary system in states. - Council of ministers (CM head) is real executive authority of state. - Principles of parliamentary system not detailed, but Art 163, 164 deal with them. - Article 163 (Council of Ministers to aid and advise Governor): 1. Council of ministers (CM head) to aid & advise Governor (Governor acts on advice, except in discretionary matters). If question arises whether matter falls within Governor’s discretion, his decision is final. Validity of his actions cannot be questioned. 2. Advice tendered by Ministers to Governor not inquired into in any court. - Article 164 (Other Provisions as to Ministers): 1. CM appointed by Governor; other ministers appointed by Governor on CM’s advice. Tribal welfare minister in Chhattisgarh, Jharkhand, MP, Odisha (Bihar excluded by 94th Amendment Act 2006). 2. Total number of ministers (including CM) not to exceed 15% of total strength of legislative assembly (added by 91st Amendment Act 2003). Minimum 12 ministers. 3. MLA/MLC disqualified on defection also disqualified to be minister (added by 91st Amendment Act 2003). 4. Ministers hold office during pleasure of the Governor. 5. Council of ministers collectively responsible to legislative assembly. 6. Governor administers oaths of office & secrecy. 7. Minister not MLA/MLC for 6 consecutive months ceases to be minister. 8. Salaries/allowances determined by state legislature. - Article 166 (Conduct of Business of the Government of a State): 1. All executive action of state government expressed in Governor’s name. 2. Orders/instruments authenticated as prescribed by rules. 3. Governor makes rules for convenient transaction of state government business, allocation among ministers. - Article 167 (Duties of Chief Minister): CM’s duty to communicate decisions/information to Governor. - Article 177 (Rights of Ministers as Respects the Houses): Minister has right to speak/take part in proceedings of either House, committee (without voting right). |
| Nature of Advice by Ministers | Binding Nature | - Art 163: council of ministers (CM head) to aid & advise Governor. - If question arises whether matter falls within Governor’s discretion, his decision is final. Validity of his actions cannot be questioned. - Nature of advice tendered by ministers to Governor cannot be inquired into in any court (emphasizes intimate/confidential relationship). - Shamsher Singh case (1974): SC held Governor acts on aid & advice of council of ministers (not personal satisfaction), except in discretionary spheres. | |
| Appointment of Ministers | Procedure | - CM appointed by Governor. - Other ministers appointed by Governor on CM’s advice. - Governor appoints only persons recommended by CM. - Usually MLAs/MLCs appointed ministers. - Person not MLA/MLC can be minister for 6 months (must become MLA/MLC within 6 months). | |
| Oath and Salary of Ministers | Oath of Office and Secrecy | - Before office, Governor administers oaths of office & secrecy. - Oath of office: swear to bear true faith/allegiance to Constitution, uphold sovereignty/integrity, faithfully discharge duties, do right to all people without fear/favor/affection/ill will. - Oath of secrecy: swear not to directly/indirectly communicate/reveal matters brought under consideration or known as state minister, except as required for duties. | |
| Salary | - Determined by state legislature. - Get salary/allowances payable to MLA/MLC. - Additionally: sumptuary allowance, free accommodation, traveling allowance, medical facilities. | ||
| Responsibility of Ministers | Collective Responsibility | - Fundamental principle of parliamentary system. - Art 164: council of ministers collectively responsible to legislative assembly. - All ministers own joint responsibility for acts. - Work as team, swim/sink together. - No-confidence motion against council in assembly: all ministers resign (including MLCs). - Council can advise Governor to dissolve legislative assembly if House does not represent electorate. - Individual Responsibility: Art 164: ministers hold office during pleasure of the Governor. Governor can remove minister only on CM’s advice. If CM has difference of opinion/dissatisfaction with minister: can ask minister to resign or advise Governor to dismiss. CM ensures collective responsibility through this power. - No Legal Responsibility: Unlike Britain, India has no system of legal responsibility. Governor’s orders not countersigned. Courts barred from inquiring into ministerial advice. | |
| Composition of the Council of Ministers | Categories of Ministers | - Constitution does not specify size/ranking of ministers. - Determined by CM according to exigencies. - 3 categories: 1. Cabinet Ministers: head important ministries. Members of cabinet, attend meetings, play important role in policy decisions. Responsibilities extend over entire state government. 2. Ministers of State: independent charge of ministries/departments, or attached to cabinet ministers. Not cabinet members, do not attend cabinet meetings (unless invited). 3. Deputy Ministers: not independent charge. Attached to cabinet ministers, assist in administrative, political, parliamentary duties. Not cabinet members, do not attend cabinet meetings. - Sometimes includes Deputy Chief Minister (appointed for political reasons). - Parliamentary Secretaries: not members of council of ministers. Appointed by CM. No department. | |
| Cabinet | Role | - Smaller body, nucleus of council of ministers. - Consists of only cabinet ministers. - Real centre of authority in state government. - Performs following role: 1. Highest decision-making authority in politico-administrative system. 2. Chief policy-formulating body. 3. Supreme executive authority. 4. Chief coordinator of state administration. 5. Advisory body to governor. 6. Chief crisis manager (deals with emergencies). 7. Deals with major legislative & financial matters. 8. Exercises control over higher appointments (constitutional authorities, senior secretariat administrators). | |
| Cabinet Committees | Establishment & Functions | - Cabinet works through committees. - Extra-constitutional (not mentioned in Constitution). Rules of Business provide for establishment. - 2 types: Standing (permanent) & Ad hoc (temporary). - Set up by CM according to exigencies. - Number, nomenclature, composition varies. - Mostly headed by CM. Other senior cabinet ministers can be Chairman. If CM is member, he presides. - Sort out issues, formulate proposals, take decisions. Cabinet can review decisions. - Organizational device to reduce workload, facilitate in-depth examination, effective coordination. Based on division of labor, delegation. | |
| 33. State Legislature | Organisation of State Legislature | Structure | - Occupies pre-eminent & central position in state political system. - Articles 168-212 (Part VI) deal with organization, composition, duration, officers, procedures, privileges, powers. - Similar to Parliament, but differences. - No uniformity in organization. - Most states have unicameral system (governor + legislative assembly). - 6 states have bicameral system (governor + legislative council + legislative assembly): Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka. - Jammu & Kashmir Legislative Council abolished by J&K Reorganisation Act, 2019. - Tamil Nadu Legislative Council Act, 2010 not in force. - Legislative Council in Andhra Pradesh revived by Andhra Pradesh Legislative Council Act, 2005. - Legislative Council in Madhya Pradesh provided by 7th Amendment Act (1956), but not notified. - Legislative Council (Vidhan Parishad): upper house (second chamber/house of elders). - Legislative Assembly (Vidhan Sabha): lower house (first chamber/popular house). - Article 169: provides for abolition/creation of legislative councils. Parliament can abolish/create if state assembly passes resolution (special majority: majority of total membership + 2/3 members present & voting). Act not deemed amendment under Art 368, passed by ordinary majority. - Idea of second chamber criticized in Constituent Assembly (not representative, delayed, expensive). - Laws Made by Parliament for abolition/creation of State Legislative Councils in Table 33.4. |
| Composition of Two Houses | Composition of Assembly | - Strength: Max 500, min 60. Varies by state population. (Exceptions: Arunachal Pradesh, Sikkim, Goa min 30; Mizoram 40, Nagaland 46). Some members indirectly elected (Sikkim, Nagaland). - Strength of Legislative Assemblies & Councils in Table 33.2. - Nominated Member: Before 2020, Governor nominated 1 Anglo-Indian member if not adequately represented. (Originally 10 years, extended continuously). Discontinued by 104th Amendment Act (2019) (ceased Jan 25, 2020). - Territorial Constituencies: For direct elections, each state divided. Demarcation ensures ratio of population to seats is same throughout state. - Readjustment after each census: After every census, readjustment of total seats & division into constituencies. Parliament determines authority/manner. Parliament enacted Delimitation Commission Acts. - 42nd Amendment Act (1976): froze assembly seats till 2000 (1971 census). Extended till 2026 by 84th Amendment Act (2001). - 84th Amendment Act (2001): empowered GoI to readjust/rationalize constituencies based on 1991 census. - 87th Amendment Act (2003): delimitation based on 2001 census. - Reservation of Seats for SCs & STs: Constitution provides reservation based on population ratios. Originally 10 years (till 1960), extended continuously. Now till 2030 (104th Amendment Act 2019). Reserved seats elected by all voters. SC/ST member can contest general seat. | |
| Composition of Council | - Members indirectly elected. - Max strength: 1/3 of assembly total strength; min strength: 40. - Size depends on assembly size. - Ensures predominance of directly elected assembly. - Actual strength fixed by Parliament. - Manner of Election: 5/6 indirectly elected, 1/6 nominated. 1. 1/3 elected by local bodies (municipalities, district boards). 2. 1/12 elected by graduates (3 years standing). 3. 1/12 elected by teachers (3 years standing, not lower than secondary school). 4. 1/3 elected by MLAs. 5. Remainder nominated by Governor (special knowledge/practical experience in literature, science, art, cooperative movement, social service). - Members elected by proportional representation, single transferable vote. - Scheme tentative, Parliament authorized to modify/replace (not yet enacted). - Strength of Legislative Assemblies & Councils in Table 33.2. | ||
| Duration of Two Houses | Duration of Assembly | - Not a continuing chamber. - Normal term: 5 years from first meeting after general elections. - Automatic dissolution after 5 years. - Governor authorized to dissolve assembly any time (even before 5 years) for fresh elections. - Term extended during National Emergency by Parliament law (1 year at a time, any length). Extension cannot continue beyond 6 months after emergency ceases. - Durations of Lok Sabha in Table 23.6. | |
| Duration of Council | - Continuing chamber: permanent body, not subject to dissolution. - 1/3 members retire every 2 years. - Member continues for 6 years. - Vacant seats filled by fresh elections & nominations (by governor) at beginning of every 2nd year. - Retiring members eligible for re-election/re-nomination. | ||
| Membership of State Legislature | Qualifications | - 4 qualifications: 1. Citizen of India. 2. Oath/affirmation before person authorized by EC (swear to true faith/allegiance to Constitution, uphold sovereignty/integrity, faithfully discharge duty). 3. Not less than 30 years for MLC, 25 years for MLA. 4. Possess other qualifications prescribed by Parliament. - Parliament laid down additional qualifications in Representation of People Act (1951): 1. MLC: elector for assembly constituency in state, or resident in state if nominated by governor. 2. MLA: elector for assembly constituency in state. 3. Member of SC/ST if contesting reserved seat (can contest general seat too). | |
| Disqualifications | - Under Constitution, disqualified if: 1. Holds any office of profit (under Union/state government, except minister or exempted office). 2. Of unsound mind (declared by court). 3. Undischarged insolvent. 4. Not citizen of India, or voluntarily acquired foreign citizenship, or under acknowledgement of allegiance to foreign state. 5. Disqualified by any law made by Parliament. - Parliament laid down additional disqualifications in Representation of People Act (1951): 1. Found guilty of certain electoral offences/corrupt practices. 2. Convicted for offence resulting in 2+ years imprisonment (PD not disqualification). 3. Failed to lodge election expenses account. 4. Has interest in government contracts/works/services. 5. Not director/managing agent or holds office of profit in corporation with 25%+ government share. 6. Dismissed from government service for corruption/disloyalty. 7. Convicted for promoting enmity between groups or bribery. 8. Punished for preaching/practicing social crimes (untouchability, dowry, sati). - Question of disqualification: Governor’s decision final (obtains EC opinion). - Disqualification on Ground of Defection: Constitution lays down disqualification if disqualified on defection under Tenth Schedule. 1. Political Parties: Voluntarily gives up party membership; or votes/abstains contrary to party direction without prior permission/condonation within 15 days. 2. Independent Members: Joins any political party after election. 3. Nominated Members: Joins any political party after 6 months of taking seat. - Question of disqualification under Tenth Schedule decided by Chairman (LC) or Speaker (LA) (not Governor). - Kihoto Hollohan case (1992): SC ruled Speaker/Chairman decision subject to judicial review. | ||
| Vacation of Seats | - Member vacates seat in 5 cases: 1. Double Membership: Cannot be member of both Houses of state legislature simultaneously. If elected to both, first seat vacant. If elected to 2 seats in same House, choose one, else both vacant. Cannot be member of Parliament & state legislature simultaneously. 2. Disqualification: If disqualified under Constitution. 3. Resignation: Resigns by writing to Chairman (LC) or Speaker (LA). Seat vacant when resignation accepted (Chairman/Speaker can refuse if not voluntary/genuine). 4. Absence: Absent from all meetings for 60 days without permission. 5. Other Cases: Election declared void by court; expelled by House; elected President/VP; appointed Governor. | ||
| Presiding Officers of State Legislature | Speaker of Assembly | - Each House has own presiding officer (Speaker/Deputy Speaker for LA, Chairman/Deputy Chairman for LC). - Salaries/allowances determined by state legislature, charged on Consolidated Fund of State (not subject to annual vote). - Election & Tenure: Elected by LA members. Usually remains in office for LA life. Vacates office earlier if: ceases to be member; resigns (writing to Deputy Speaker); removed by resolution (effective majority of all then members, 14 days advance notice). - Powers & Duties: 1. Maintains order/decorum in assembly; primary responsibility, final power. 2. Final interpreter of: Constitution, Rules of Procedure, legislative precedents. 3. Adjourns assembly or suspends meeting in absence of quorum. 4. Does not vote in first instance; exercises casting vote in case of tie. 5. Can allow ‘secret’ sitting of House. 6. Decides if bill is money bill (decision final). 7. Decides questions of member disqualification (defection under Tenth Schedule). 8. Appoints chairmen of all assembly committees, supervises functioning. 9. Chairman of Business Advisory Committee, Rules Committee, General Purposes Committee. - Deputy Speaker of Assembly: Elected by LA members. Vacates office if: ceases to be member; resigns (writing to Speaker); removed by resolution (effective majority, 14 days advance notice). Performs Speaker’s duties when office vacant/Speaker absent. Assumes all Speaker’s powers. Not subordinate to Speaker, directly responsible to House. Automatically chairman of parliamentary committee if appointed. Salary/allowance fixed by state legislature, charged on Consolidated Fund. | |
| Chairman of Council | - Elected by LC members. - Vacates office if: ceases to be member; resigns (writing to Deputy Chairman); removed by resolution (effective majority of all then members, 14 days advance notice). - Powers/functions similar to Speaker LA. - Special power not enjoyed by Chairman: Decides if bill is money bill. - Not member of House (unlike Speaker LA). But like Speaker, cannot vote in first instance, has casting vote. - Deputy Chairman of Council: Elected by LC members. Vacates office if: ceases to be member; resigns (writing to Chairman); removed by resolution (effective majority, 14 days advance notice). Performs Chairman’s duties when office vacant/Chairman absent. Assumes all Chairman’s powers. Not subordinate to Chairman, directly responsible to LC. Panel of Vice-Chairpersons of Council: Chairman nominates from members. Preside in absence of Chairman/Deputy Chairman. Same powers. Holds office until new panel nominated. | ||
| Sessions of State Legislature | Summoning | - Governor summons each House from time to time. - Max gap between 2 sessions: 6 months (legislature meets at least twice a year). - ‘Session’: period between first sitting & prorogation/dissolution. - ‘Recess’: period between prorogation & reassembly. | |
| Adjournment | - Terminates a sitting (hours, days, weeks). - Power with presiding officer. - Adjournment Sine Die: terminating sitting for indefinite period. Power with presiding officer. | ||
| Prorogation | - Presiding officer declares House adjourned sine die when business completed. - Governor issues notification for prorogation. - Governor can prorogue House while in session. - Terminates a sitting & a session. - Does not affect bills/business pending. - Pending notices lapse. | ||
| Dissolution | - Legislative Council: permanent house, not subject to dissolution. - Legislative Assembly: subject to dissolution. Ends life of existing House, new House constituted after general elections. - Unlike prorogation, dissolution ends life of House. - Lapsing of bills on dissolution: 1. Bill pending in assembly lapses. 2. Bill passed by assembly but pending in council lapses. 3. Bill pending in council but not passed by assembly does not lapse. 4. Bill passed by assembly (unicameral) or both houses (bicameral) but pending assent of governor/President does not lapse. 5. Bill passed by assembly (unicameral) or both houses (bicameral) but returned by President for reconsideration does not lapse. | ||
| Quorum | - Minimum number of members required to be present to transact business. - 10 members or 1/10 of total members (including presiding officer), whichever is greater. - If no quorum, presiding officer adjourns/suspends meeting. | ||
| Voting in House | - All matters decided by majority of members present & voting (excluding presiding officer). - Few matters require effective/special majority. - Presiding officer does not vote in first instance; exercises casting vote in case of tie. - Proceedings valid despite unauthorized voting/participation/vacancy. | ||
| Language in State Legislature | - Constitution declared official language(s) of state or Hindi or English for state legislature business. - Presiding officer can permit member to address in mother-tongue. - State legislature authorized to decide to continue/discontinue English after 15 years (from 1965). (Himachal Pradesh, Manipur, Meghalaya, Tripura: 25 years; Arunachal Pradesh, Goa, Mizoram: 40 years). | ||
| Rights of Ministers and Advocate General | - Minister & Advocate General have right to speak/take part in proceedings of either House, committee (without voting right). - Minister can participate in House where not member. - Person can be minister for 6 months without being MLA/MLC. | ||
| Legislative Procedure in State Legislature | Ordinary Bills | - Bill can originate in either House (bicameral). - Introduced by minister or member. - Passes through 3 stages in originating House: First reading, Second reading, Third reading. - After passed by originating House, transmitted to Second House. - If unicameral, sent directly to Governor. - Bill in the Second House: passes through 3 stages. 4 alternatives for LC: 1. Pass as sent (without amendments). 2. Pass with amendments, return to LA for reconsideration. 3. Reject altogether. 4. Take no action, keep pending. - If LC passes without amendments or LA accepts amendments, bill deemed passed by both Houses, sent to Governor. - If LA rejects LC amendments, or LC rejects bill, or LC takes no action for 3 months: LA can pass bill again. - If LA passes bill again & transmits to LC, and LC rejects, or passes with unacceptable amendments, or takes no action for 1 month: bill deemed passed by both Houses in form passed by LA second time. - Ultimate power of passing ordinary bill vested in LA. - LC can detain/delay bill for max 4 months (3 months first instance, 1 month second). - No joint sitting to resolve disagreement. - If bill originated in LC & rejected by LA, bill ends. - LC has much lesser significance/position/authority than RS at Centre. | |
| Money Bills | - State legislature lays down special procedure. - Introduced only in Legislative Assembly (not LC). - Introduced only on Governor’s recommendation. - Government bill, introduced only by minister. - After LA passes, transmitted to LC for recommendation. - LC has restricted powers: cannot reject/amend; can only make recommendations; must return to LA within 14 days. - LA can accept/reject LC recommendations. - If LA accepts recommendations, bill deemed passed in modified form. - If LA rejects recommendations, bill deemed passed in original form. - If LC does not return within 14 days, bill deemed passed in original form. - LA has more powers than LC for money bills. - LC can detain/delay money bill for max 14 days. - When presented to Governor: Governor can give assent, withhold assent, or reserve for President’s assent (cannot return for reconsideration). Normally gives assent (introduced with his prior permission). - If reserved for President: President can give assent or withhold assent (cannot return for reconsideration). | ||
| Bills Reserved for President’s Consideration | Categories | - Sarkaria Commission (1983-88) classified state bills reserved for President’s consideration into 3 categories: 1. Must be reserved: (i) Derogate from HC powers, endanger HC position (Art 200). (ii) Relate to taxes on water/electricity, attract Art 288. (iii) Fall within Art 360 (financial emergency). 2. May be reserved for specific purposes: (i) Secure immunity from Art 14/19 (bills for acquisition of estates (Art 31A), or giving effect to DPs (Art 31C)). (ii) Bill relating to Concurrent List subject (ensure operation despite repugnancy to Union law) by securing President’s assent (Art 254). (iii) Bill imposing restrictions on trade/commerce requiring prior President’s sanction (Art 304) not obtained. 3. May not specifically fall under above, but reserved by Governor (Art 200). | |
| Legislative Procedure Compared | Parliament vs. State Legislature | - Comparison of legislative procedure in Parliament & State Legislature in Table 33.1. | |
| Position of Legislative Council | Comparison with Assembly | - Position studied from 2 angles: spheres where council equal to assembly, spheres where council unequal to assembly. - Equal with Assembly: 1. Introduction & passage of ordinary bills (LA prevails in disagreement). 2. Approval of ordinances issued by governor. 3. Selection of ministers (including CM). 4. Consideration of reports of constitutional bodies (State Finance Commission, State PSC, CAG). 5. Enlargement of jurisdiction of state public service commission. - Unequal with Assembly: 1. Money Bill: Introduced only in LA. LC cannot amend/reject, only recommend (must return within 14 days). LA can accept/reject recommendations. LA has more powers. 2. Final power to decide if bill is money bill: Speaker of LA. 3. Final power of passing ordinary bill: with LA. LC can detain/delay for max 4 months (3 months first instance, 1 month second). Dilatory/advisory body only. 4. LC can only discuss budget, not vote on demands for grants. 5. LC cannot remove council of ministers by no-confidence motion. 6. If ordinary bill originated in LC & rejected by LA, bill ends. 7. LC does not participate in President election & state representatives in RS. 8. LC has no effective say in ratification of constitutional amendment bill (LA prevails). - Reasons for LC’s weaker position: 1. RS represents states (federal element), effective revising body. LC has no federal significance. 2. LC heterogeneously constituted (different elected members, nominated members). Weakens position. 3. LC position accords with democracy principles (yields to popular LA). - Critics: LC ‘secondary chamber’, ‘costly ornamental luxury’, ‘white elephant’. Refuge for defeated politicians. | |
| Privileges of State Legislature | Meaning | - Special rights, immunities, exemptions enjoyed by Houses of state legislature, their committees, & members. - Necessary for independence & effectiveness. - Secure authority, dignity, honor; protect members from obstruction. - Extended to persons entitled to speak/take part (Advocate General, state ministers). - Not extended to Governor (integral part of state legislature). | |
| Collective Privileges | - 8 privileges: 1. Publish reports, debates, proceedings; prohibit others from publishing (44th Amendment Act 1978 restored press freedom to publish true reports, not for secret sittings). 2. Exclude strangers from proceedings, hold secret sittings. 3. Make rules to regulate own procedure/conduct of business, adjudicate matters. 4. Punish members/outsiders for breach of privilege/contempt (reprimand, admonition, imprisonment, suspension, expulsion). 5. Receive immediate information of member’s arrest, detention, conviction, imprisonment, release. 6. Institute inquiries, order attendance of witnesses, send for relevant papers/records. 7. Courts prohibited from inquiring into proceedings. 8. No person arrested/legal process served within precincts without presiding officer’s permission. | ||
| Individual Privileges | - 3 privileges: 1. Cannot be arrested during session & 40 days before/after (only in civil cases, not criminal/PD). 2. Freedom of speech in state legislature (subject to Constitution/rules/standing orders). No liability in court for anything said/vote given. 3. Exempted from jury service. Can refuse to give evidence/appear as witness in court. | ||
| 34. High Court | Composition and Appointment | Establishment | - Indian single-integrated judicial system. - HC operates below SC, above subordinate courts. - Judiciary in state: HC & hierarchy of subordinate courts. - HC: top position in judicial administration of state. - Institution originated 1862 (Calcutta, Bombay, Madras HCs). Fourth HC at Allahabad 1866. - Each province came to have own HC. - After 1950, provincial HC became HC for corresponding state. - Constitution provides for HC for each state. - 7th Constitutional Amendment Act (1956) authorized Parliament to establish common HC for 2+ states/UTs. - Territorial jurisdiction of HC co-terminus with state territory. - Territorial jurisdiction of common HC co-terminus with concerned states/UTs. - Presently 25 HCs. 3 HCs have jurisdiction over >1 state. - Delhi has separate HC (since 1966). - J&K & Ladakh UTs have common HC. - Other UTs fall under different state HCs. - Parliament can extend HC jurisdiction to any UT or exclude. - Names, establishment year, territorial jurisdiction, seat (with bench) of 25 HCs in Table 34.1. - Articles 214-231 (Part VI) deal with organization, independence, jurisdiction, powers, procedures. |
| Composition | - Every HC (exclusive or common) consists of CJ & other judges as President deems necessary. - Constitution does not specify strength; left to President’s discretion (depends on workload). | ||
| Appointment of Judges | - Judges appointed by President. - Chief Justice: appointed by President after consultation with CJI & governor of state concerned. - Other judges: appointed by President after consultation with CJI, governor, & HC CJ. - Common HC for 2+ states: governors of all concerned states consulted. - Second Judges case (1993): SC ruled no HC judge appointment without HC CJ’s opinion. - Third Judges case (1998): SC opined HC CJ must consult 2 seniormost judges of HC. - 99th Constitutional Amendment Act (2014) & NJAC Act (2014) replaced collegium system with NJAC. - Supreme Court (2015) declared both 99th Amendment & NJAC Act unconstitutional & void (affected independence of judiciary). Collegium system restored. - Fourth Judges case (2015): SC opined new system (NJAC) would affect independence of judiciary. | ||
| Qualifications, Oath and Salaries | Qualifications of Judges | - 2 qualifications: 1. Citizen of India. 2. (a) Held judicial office in India for 10 years; OR (b) HC advocate (or HCs in succession) for 10 years. - No minimum age prescribed. - No provision for distinguished jurist as HC judge. | |
| Oath or Affirmation | - Before office, judge makes oath/affirmation. - Swears to: bear true faith/allegiance to Constitution; uphold sovereignty/integrity; duly/faithfully perform duties (without fear/favor/affection/ill will); uphold Constitution & laws. - Administered by Governor of state (or person appointed by him). | ||
| Salaries and Allowances | - Determined by Parliament from time to time. - Cannot be diminished during term (except financial emergency). - Salary of CJ increased from ₹90,000 to ₹2.50 lakh per month (2018). Other judges from ₹80,000 to ₹2.25 lakh per month (2018). - Also paid sumptuary allowance, free accommodation, medical, car, telephone. - Retired CJ & judges entitled to 50% of last drawn salary as monthly pension. | ||
| Tenure and Removal | Tenure of Judges | - Constitution not fixed tenure. - 4 provisions: 1. Holds office until 62 years (question of age determined by President after consulting CJI, decision final). 2. Can resign by writing to President. 3. Can be removed by President on Parliament recommendation. 4. Vacates office if appointed SC judge or transferred to another HC. | |
| Removal of Judges | - Judge removed by President’s order. - Order issued only after Parliament address presented in same session. - Address supported by special majority (majority of total membership + 2/3 members present & voting). - Grounds: proved misbehaviour or incapacity. - Judges Enquiry Act (1968) regulates procedure (‘impeachment’): 1. Removal motion signed by 100 members (LS) or 50 members (RS) given to Speaker/Chairman. 2. Speaker/Chairman can admit or refuse. 3. If admitted, Speaker/Chairman constitutes 3-member committee (CJI or SC judge, HC CJ, distinguished jurist) to investigate. 4. If committee finds guilty, House takes up motion. 5. If motion passed by special majority in each House, address presented to President. 6. President passes order removing judge. - No HC judge impeached so far. - Procedure same as for SC judge. | ||
| Transfer of Judges | - President can transfer judge from one HC to another (after consulting CJI). - Entitled to compensatory allowance (determined by Parliament). - Supreme Court (1977): transfer only exceptional, in public interest, not punishment. - Supreme Court (1994): judicial review necessary to check arbitrariness. Only transferred judge can challenge. | ||
| Acting, Adhoc and Retired Judges | Acting Chief Justice | - President can appoint HC judge as acting CJ when: CJ office vacant; CJ temporarily absent; CJ unable to perform duties. | |
| Additional and Acting Judges | - President can appoint duly qualified persons as additional judges for max 2 years when: temporary increase in HC business; arrears of work. - President can appoint duly qualified person as acting judge when HC judge unable to perform duties (absence/other reason); or appointed to act temporarily as CJ. | ||
| Retired Judges | - CJ of HC can request retired HC judge or retired SC judge (qualified for HC judge) to act as HC judge for temporary period. - Only with President’s consent & consent of person. - Entitled to allowances determined by President. - Enjoys all jurisdiction, powers, privileges of HC judge. Not otherwise deemed HC judge. | ||
| Independence of High Court | Provisions for Independence | - Independence essential for effective discharge of duties. - Free from executive & legislature encroachments/pressures/interferences. - Constitution made following provisions: 1. Mode of Appointment: Judges appointed by President (cabinet) in consultation with judiciary (CJI, HC CJ). Curta ils executive discretion, ensures appointments not based on political/practical considerations. 2. Security of Tenure: Judges provided security of tenure. Removed by President only on Parliament recommendation (proved misbehaviour/incapacity). Do not hold office during Governor’s pleasure. 3. Fixed Service Conditions: Salaries/allowances/privileges/leave/pension determined by Parliament. Cannot be changed to disadvantage during term (except financial emergency). 4. Expenses Charged on Consolidated Fund: Salaries/allowances/pensions of judges & staff, administrative expenses charged on Consolidated Fund of State (non-votable by state legislature, can be discussed). 5. Conduct of Judges cannot be Discussed: Constitution prohibits discussion in Parliament/state legislature (except impeachment motion). 6. Ban on Practice after Retirement: Retired permanent judges prohibited from pleading/acting in any court/authority within India (except SC/other HCs). Ensures no favor for future favor. 7. Power to Punish for its Contempt: HC can punish any person for its contempt. Maintains authority, dignity, honor. 8. Freedom to Appoint its Staff: CJ of HC can appoint officers/servants without executive interference. Can prescribe conditions of service. 9. Its Jurisdiction cannot be Curtailed: Jurisdiction/powers cannot be curtailed by Parliament/state legislature. | |
| Jurisdiction and Powers of High Court | Classification | - Vested with extensive/effective powers. - Highest appeal court in state, FR protector, Constitution interpreter, supervisory/consultative roles. - Constitution does not contain detailed provisions; jurisdiction/powers same as before Constitution commencement. - Addition: HC jurisdiction over revenue matters. - Classification of jurisdiction/powers: 1. Original Jurisdiction. 2. Writ Jurisdiction. 3. Appellate Jurisdiction. 4. Supervisory Jurisdiction. 5. Control over Subordinate Courts. 6. A Court of Record. 7. Power of Judicial Review. - Present jurisdiction/powers governed by: constitutional provisions, Letters Patent, Acts of Parliament, Acts of State Legislature, IPC, CrPC, CPC. | |
| Original Jurisdiction | - Power to hear disputes in first instance, not appeal. - Extends to: (a) Disputes relating to election of MPs/MLAs. (b) Revenue matters or acts in revenue collection. (c) Enforcement of FRs. (d) Cases involving Constitution interpretation transferred from subordinate court. (e) 4 HCs (Calcutta, Bombay, Madras, Delhi) have original civil jurisdiction in higher value cases. - Before 1973, Calcutta, Bombay, Madras HCs had original criminal jurisdiction (abolished by CrPC 1973). | ||
| Writ Jurisdiction | - Article 226: empowers HC to issue writs (habeas corpus, mandamus, certiorari, prohibition, quo warranto) for FR enforcement & any other purpose. - ‘Any other purpose’ refers to enforcement of ordinary legal right. - Can issue writs to any person, authority, government not only within territorial jurisdiction but also outside if cause of action arises within jurisdiction. - Not exclusive (concurrent with SC under Art 32). - Wider than SC’s writ jurisdiction (HC for FRs & other purposes). - L. Chandra Kumar case (1997): SC ruled writ jurisdiction of SC/HC is part of basic structure, cannot be ousted/excluded by amendment. | ||
| Appellate Jurisdiction | - Primarily court of appeal. - Hears appeals against judgments of subordinate courts. - Civil Matters: (i) First appeals from district courts, additional district courts, other subordinate courts (on law & fact, if amount exceeds limit). (ii) Second appeals from district court/other subordinate courts (on law only). (iii) Some HCs have intra-court appeals (single judge decision appealed to division bench). (iv) Appeals from administrative/other tribunals. - Criminal Matters: (i) Appeals from sessions court/additional sessions court if sentence >7 years imprisonment. Death sentence must be confirmed by HC. (ii) Appeals from assistant sessions judge, metropolitan magistrate, other magistrates. - Supreme Court (1997): tribunals subject to HC writ jurisdiction. Aggrieved person cannot directly approach SC against tribunal decisions. | ||
| Supervisory Jurisdiction | - Power of superintendence over all courts/tribunals functioning in its territorial jurisdiction (except military courts/tribunals). - Can: call for returns; make/issue general rules/prescribe forms for regulating practice/proceedings; prescribe forms for books/entries/accounts; settle fees payable to sheriff, clerks, officers, legal practitioners. - Very broad power: (i) Extends to all courts/tribunals (whether subject to appellate jurisdiction or not). (ii) Covers administrative & judicial superintendence. (iii) Is a revisional jurisdiction. (iv) Can be suo-motu (on its own). - Not unlimited authority. - Extraordinary power, used sparingly, in appropriate cases. - Limited to: excess of jurisdiction, gross violation of natural justice, error of law, disregard to superior courts’ law, perverse findings, manifest injustice. | ||
| Control over Subordinate Courts | - Besides appellate/supervisory jurisdiction, HC has administrative control & other powers: (a) Consulted by governor in appointment, posting, promotion of district judges & judicial service persons (other than district judges). (b) Deals with posting, promotion, leave, transfers, discipline of judicial service members (other than district judges). (c) Can withdraw case pending in subordinate court if involves substantial question of law requiring Constitution interpretation. Can dispose of case itself or determine law & return. (d) Its law binding on all subordinate courts. | ||
| A Court of Record | - HC is a court of record (Art 215). - 2 powers: (a) Judgments, proceedings, acts recorded for perpetual memory/testimony. Records admitted as evidentiary value, not questioned. Recognized as legal precedents/references. (b) Power to punish for contempt of itself. - Contempt of Courts Act (1971): HC can punish for contempt of itself & subordinate courts. | ||
| Power of Judicial Review | - Power to examine constitutionality of legislative enactments & executive orders of Central & state governments. - Declare illegal/unconstitutional/invalid (null & void) if violate Constitution. Cannot be enforced. - Phrase ‘judicial review’ not used in Constitution, but Art 13 & 226 explicitly confer power on HC. - 42nd Amendment Act (1976) curtailed HC judicial review (debarred from considering central law validity). - 43rd Amendment Act (1977) restored original position. | ||
| 35. Subordinate Courts | Constitutional Provisions | Articles 233-237 | - State judiciary: HC & hierarchy of subordinate courts (lower courts). - Subordinate to state HC. - Function below & under HC at district & lower levels. - Articles 233-237 (Part VI) regulate organization, ensure independence from executive. - 20th Constitutional Amendment Act (1966) retrospectively validated appointment of certain district judges & judgments. |
| Appointment of District Judges | - Appointment, posting, promotion of district judges in state made by governor (in consultation with HC). - Qualifications: (a) Not already in service of Centre/state government. (b) Advocate or pleader for 7 years. (c) Recommended by HC. | ||
| Appointment of other Judges | - Appointment of persons (other than district judges) to judicial service of state made by governor (after consultation with State PSC & HC). | ||
| Control over Subordinate Courts | - Control over district courts & other subordinate courts (posting, promotion, leave) vested in HC. - Interpretation: ‘District judge’ includes city civil court judges, additional district judges, joint district judges, assistant district judges, chief judge of small cause court, chief presidency magistrates, additional chief presidency magistrates, sessions judges, additional sessions judges, assistant sessions judges. - ‘Judicial service’ means service exclusively of persons filling district judge post & other civil judicial posts inferior to it. | ||
| Application of the above Provisions to Certain Magistrates | - Governor can direct above provisions (relating to persons in state judicial service) apply to any class of magistrates. | ||
| Structure and Jurisdiction | Organization | - Organizational structure, jurisdiction, nomenclature laid down by states (differ state to state). - Broadly 3 tiers of civil & criminal courts below HC: 1. District & Sessions Judge’s Court (highest judicial authority in district). 2. Subordinate Judge’s Court (civil side) & Chief Judicial Magistrate’s Court (criminal side). 3. Munsiff’s Court (civil side) & Judicial Magistrate’s Court (criminal side). | |
| District and Sessions Judge’s Court | - Highest judicial authority in district. - Possesses original & appellate jurisdiction in civil & criminal matters. - When deals with civil cases: ‘district judge’. When hears criminal cases: ‘sessions judge’. - Exercises judicial & administrative powers. - Has supervisory powers over subordinate courts. - Appeals against his orders/judgments lie to HC. - Sessions judge can impose any sentence (including life imprisonment, death sentence). Death sentence subject to HC confirmation. | ||
| Subordinate Judge’s Court | - Below District & Sessions Court. - Civil side. - Exercises unlimited pecuniary jurisdiction over civil suits. - Chief Judicial Magistrate’s Court: criminal side. Decides criminal cases punishable with imprisonment up to 7 years. | ||
| Munsiff’s Court | - Lowest level. - Civil side. - Limited jurisdiction, decides small pecuniary stake civil cases. - Judicial Magistrate’s Court: criminal side. Tries criminal cases punishable with imprisonment up to 3 years. - Some metropolitan cities have city civil courts (chief judges) & metropolitan magistrates (criminal side). - Some states have small causes courts (decide civil cases of small value summarily). Decisions final, HC has revision power. - Some states have Panchayat Courts (try petty civil & criminal cases). Variously known as Nyaya Panchayat, Gram Kutchery, Adalati Panchayat, Panchayat Adalat. - Articles related to Subordinate Courts in Table 35.1. | ||
| 36. Tribunals | Administrative Tribunals | Establishment | - Original Constitution had no provisions for tribunals. - 42nd Amendment Act (1976) added new Part XIV-A (‘Tribunals’, Art 323A & 323B). - Article 323A: empowers Parliament to provide for establishment of administrative tribunals for adjudication of disputes related to recruitment & conditions of service of persons appointed to public services of Centre, states, local bodies, public corporations, other public authorities. - Enables taking adjudication of service matters out of civil courts & HCs, placing before administrative tribunals. - Parliament passed Administrative Tribunals Act (1985). - Act authorizes Central government to establish Central Administrative Tribunal (CAT) & State Administrative Tribunals (SATs). - Opened new chapter for speedy & inexpensive justice to aggrieved public servants. |
| Central Administrative Tribunal (CAT) | - Set up 1985. - Principal bench at New Delhi, additional benches in different states. - Presently 19 regular benches (17 at HCs, 2 at Jaipur & Lucknow). Also holds circuit sittings. - Circuit sittings of Benches of CAT in Table 36.2. - Exercises original jurisdiction for recruitment & all service matters of public servants. - Jurisdiction extends to All-India Services, Central civil services, civil posts under Centre, civilian employees of defense services. - Not covered: defense forces members, SC officers/servants, Parliament secretarial staff. - Multi-member body: Chairman & Members. (Provision for Vice-Chairman removed by Administrative Tribunals (Amendment) Act, 2006). - Presently 1 Chairman, 69 Members. - Drawn from judicial & administrative streams. - Not eligible: person <50 years. - Hold office for 4 years or until 70 years (Chairman), 67 years (Members). - Appointment of Chairman & Members by Central government on recommendations of search-cum-selection committee (CJI or SC judge as chairman). - Not bound by CrPC 1908. Guided by natural justice principles. - Nominal fee: ₹50. Applicant can appear in person or through lawyer. - Originally, appeals against CAT orders only to SC. Chandra Kumar case (1997): SC declared this restriction unconstitutional (judicial review is basic structure). Appeals now lie to division bench of concerned HC. - Remedies now available against tribunal orders. | ||
| State Administrative Tribunals (SATs) | - Administrative Tribunals Act (1985) empowers Central government to establish SATs on specific request of concerned state governments. - Like CAT, SATs exercise original jurisdiction for recruitment & all service matters of state government employees. - Chairman & members appointed by Central government on recommendations of search-cum-selection committee (HC CJ as chairman). - Act also makes provision for Joint Administrative Tribunal (JAT) for 2+ states. JAT exercises all jurisdiction & powers exercisable by administrative tribunals for such states. | ||
| Tribunals for Other Matters | Article 323B | - Article 323B: Parliament & state legislatures authorized to provide for establishment of tribunals for adjudication of disputes related to: (a) Taxation. (b) Foreign exchange, import & export. (c) Industrial & labor. (d) Land reforms. (e) Ceiling on urban property. (f) Elections to Parliament & state legislatures. (g) Food stuffs. (h) Rent & tenancy rights (added by 75th Amendment Act 1993). - Differences between Art 323A & 323B: 1. Subject matter: Art 323A for public service matters only; Art 323B for specific other matters. 2. Establishing authority: Art 323A tribunals only by Parliament; Art 323B tribunals by Parliament & state legislatures. 3. Hierarchy: Art 323A tribunals are single tribunal for Centre/state; Art 323B tribunals can have hierarchy. - Chandra Kumar case (1997): SC declared provisions excluding HC/SC jurisdiction unconstitutional. Judicial remedies now available against tribunal orders. - Articles Related to Tribunals in Table 36.3. | |
| 37. Consumer Commissions | Establishment | Consumer Protection Act, 2019 | - Repealed & replaced Consumer Protection Act, 1986. - Provides for establishment of 3-tier Consumer dispute redressal machinery: 1. District Consumer Disputes Redressal Commission (District Commission). 2. State Consumer Disputes Redressal Commission (State Commission). 3. National Consumer Disputes Redressal Commission (National Commission). - Quasi-judicial bodies. Also ‘Consumer forums’ or ‘Consumer Courts’. - Provides alternative dispute resolution mechanism for consumers. - District Commission: established in each district by state government (can establish >1). - State Commission: established in state by state government. Functions at state capital (other places as notified). State government can establish regional branches. - National Commission: established by central government. Functions at national capital region (other places as notified). Central government can establish regional branches. - Presently 678 District Commissions, 35 State Commissions, National Commission at apex. - National Commission constituted 1988. - Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020. |
| National Consumer Disputes Redressal Commission | Composition | - President & not less than 4 or not more than prescribed members. - 2020: Central government prescribed President & not less than 4 or not more than 11 members. - At least 1 woman member. - Central government makes rules for qualifications, appointment, salaries/allowances, resignation, removal, other conditions of service. - President & members appointed by Central government. - Hold office for 4 years or until 70 years (President), 67 years (members). (Before 2021 Act, 5 years or 65 years). - Not eligible for reappointment. - Jurisdiction: Pecuniary, Appellate, Revisional. 1. Pecuniary: entertain complaints where goods/services value >₹10 crores. (Reduced to >₹2 crores by 2021 Act). 2. Appellate: entertain appeals against State Commission orders. Appeal within 30 days. | |
| Jurisdiction | - Pecuniary: entertain complaints where goods/services value >₹10 crores. (Reduced to >₹2 crores by 2021 Act). - Appellate: entertain appeals against State Commission orders. Appeal within 30 days. | ||
| Other Powers | - 4 powers: 1. Declare any unfair contract terms null & void. 2. Review any orders passed by it if error apparent on record (suo motu or on application within 30 days). 3. Entertain application for setting aside ex-parte order. 4. Transfer any complaint pending before District Commission to another District Commission or State Commission to another State Commission (on complainant’s application or suo motu). - Administrative Control: National Commission has administrative control over all State Commissions (monitoring performance, investigating allegations against President/members, issuing instructions, overseeing functioning). | ||
| State Consumer Disputes Redressal Commission | Composition | - President & not less than 4 or not more than prescribed members. - State government makes rules for qualifications, appointment, salaries/allowances, resignation, removal, other conditions of service. - President & members appointed by state government (in consultation with Central government). - Hold office for 4 years or until 67 years (President), 65 years (members). (Before 2021 Act, 5 years or 65 years). - Not eligible for reappointment. - Jurisdiction: Pecuniary, Appellate, Revisional. 1. Pecuniary: entertain complaints where goods/services value >₹1 crore but <₹10 crores. (Reduced to >₹50 lakh but <₹2 crores by 2021 Act). 2. Appellate: entertain appeals against District Commission orders. Appeal within 45 days. | |
| Jurisdiction | - Pecuniary: entertain complaints where goods/services value >₹1 crore but <₹10 crores. (Reduced to >₹50 lakh but <₹2 crores by 2021 Act). - Appellate: entertain appeals against District Commission orders. Appeal within 45 days. | ||
| Other Powers | - 4 powers: 1. Declare any unfair contract terms null & void. 2. Review any orders passed by it if error apparent on record (suo motu or on application within 30 days). 3. Transfer any complaint pending before District Commission to another District Commission or State Commission to another State Commission (on complainant’s application or suo motu). 4. Administrative control over all District Commissions. | ||
| District Consumer Disputes Redressal Commission | Composition | - President & not less than 2 or not more than prescribed members. - State government makes rules for qualifications, appointment, salaries/allowances, resignation, removal, other conditions of service. - President & members appointed by state government (in consultation with Central government). - Hold office for 4 years or until 65 years (President), 65 years (members). (Before 2021 Act, 5 years or 65 years). - Not eligible for reappointment. - Jurisdiction: Pecuniary. 1. Pecuniary: entertain complaints where goods/services value <₹1 crore. (Reduced to <₹50 lakh by 2021 Act). - Functions at district headquarters (other places as notified). - Other Powers: Review any orders passed by it if error apparent on record (suo motu or on application within 30 days). - Pecuniary Jurisdiction of Consumer Commissions in Table 37.1. | |
| Jurisdiction | - Pecuniary: entertain complaints where goods/services value <₹1 crore. (Reduced to <₹50 lakh by 2021 Act). | ||
| 38. Lok Adalats and Other Courts | National Legal Services Authority | Establishment & Functions | - Article 39A: provides for free legal aid to poor & weaker sections, ensures justice. - Articles 14 & 22(1): obligate State to ensure equality before law, legal system promotes justice. - Legal Services Authorities Act (1987) enacted by Parliament, came into force Nov 9, 1995. - Established nationwide uniform network for free & competent legal services to weaker sections. - National Legal Services Authority (NALSA) constituted under 1987 Act. - Monitors & evaluates legal aid programs, lays down policies/principles for legal services. - Supreme Court Legal Services Committee: constituted to administer/implement legal services program related to SC. - NALSA lays down policies, principles, guidelines, frames effective/economical schemes for State Legal Services Authorities. - State Legal Services Authority, District Legal Services Authorities, Taluk Legal Services Committees: discharge main functions: 1. Provide free & competent legal services to eligible persons. 2. Organize Lok Adalats for amicable dispute settlement. 3. Organize legal awareness camps in rural areas. - Free legal services include: payment of court/process fees, lawyer service, certified copies of orders/documents, preparation of appeal/paper book. - Eligible persons: women & children, SC/ST members, industrial workmen, victims of mass disaster/violence/flood/drought/earthquake/industrial disaster, disabled persons, persons in custody, persons with annual income <₹1 lakh (SC Legal Services Committee: <₹5 lakh). - State Legal Services Authority: in every state. - High Court Legal Services Committee: in every HC. - District Legal Services Authorities: in districts. - Taluk Legal Services Committees: in most taluks. - Give effect to NALSA policies, provide free legal services, conduct Lok Adalats. |
| Lok Adalats | Meaning | - Forum where pending/pre-litigation cases/disputes compromised/settled amicably. - Supreme Court: ‘old form of adjudicating system prevailed in ancient India… validity not taken away… ‘People’s Court”. - Based on Gandhian principles. - Component of ADR (Alternative Dispute Resolution) system. - Provides alternative resolution for expeditious & inexpensive justice (due to overburdened courts, lengthy/expensive/tedious procedures). - No victors/vanquished, no rancor. - Viable, economic, efficient, informal mode of dispute settlement. | |
| Features | - First Lok Adalat camp in post-independence era: Gujarat, 1982. - Initiative successful, spread nationwide. - Functioned as voluntary/conciliatory agency without statutory backing. - Demand for statutory backing; given status under Legal Services Authorities Act (1987). - Act makes following provisions: 1. Organization: State Legal Services Authority/District Legal Services Authority/SC Legal Services Committee/HC Legal Services Committee/Taluk Legal Services Committee may organize at intervals/places, for jurisdiction/areas. 2. Composition: Each Lok Adalat consists of serving/retired judicial officers & other persons specified by organizing agency. Generally: judicial officer (chairman), lawyer (advocate), social worker (members). 3. Jurisdiction: Determine/arrive at compromise/settlement for cases pending in court OR matters at pre-litigation stage. - No jurisdiction for non-compoundable offences. 4. Reference of Cases: Pending case referred if: parties agree to settle; one party applies to court; court satisfied matter appropriate for Lok Adalat. - Pre-litigation dispute referred by organizing agency on application from party. 5. Powers: Same powers as Civil Court under CPC (1908) for: summoning/enforcing witness attendance/oath; discovery/production of document; reception of evidence on affidavits; requisitioning public record/document; other prescribed matters. - Proceedings deemed judicial proceedings (IPC 1860). Lok Adalat deemed Civil Court (CrPC 1973). 6. Award: Deemed decree of Civil Court or order of other court. Final & binding on all parties. No appeal to any court. | ||
| Types of Lok Adalats | Classification | - 3 types: 1. National Lok Adalats: held at regular intervals (single day, throughout country, all courts). From 2015, held on specific subject matter monthly. 2. State Lok Adalats: also ‘Regular Lok Adalats’. 4 types: (a) Continuous Lok Adalat: bench sits continuously for set days to facilitate settlements (defer unsettled matters, encourage reflection). (b) Daily Lok Adalat: organized daily. (c) Mobile Lok Adalat: organized in multi-utility van to different areas (resolve petty cases, spread legal awareness). (d) Mega Lok Adalat: organized in state on single day in all courts. 3. Permanent Lok Adalats (explained below). | |
| Permanent Lok Adalats | Establishment & Features | - Legal Services Authorities Act (1987) amended 2002 to provide for Permanent Lok Adalats. - Deal with cases pertaining to public utility services. - Salient features: 1. Composition: Chairman (district judge or higher judicial office) + 2 other persons (adequate experience in public utility services). 2. Jurisdiction: In respect of one or more public utility services (transport, postal, telegraph, telephone, power, water, public conservancy/sanitation, hospitals/dispensaries, insurance). 3. Pecuniary jurisdiction: Up to ₹10 lakh. (Increased to ₹1 crore by Central Government in 2015). 4. No jurisdiction: For matters related to non-compoundable offence. 5. Application: Any party to dispute can apply to Permanent Lok Adalat for settlement before bringing to court. Once applied, no party can invoke court jurisdiction for same dispute. 6. Settlement/Award: If elements of settlement exist, formulates terms, submits to parties. If agreement reached, passes award. If no agreement, decides dispute on merits. 7. Award: Final & binding. Deemed decree of Civil Court or order of other court. By majority of persons constituting Permanent Lok Adalat. | |
| Family Courts | Establishment & Reasons | - Family Courts Act (1984) enacted to provide for establishment of Family Courts. - Aim: promote conciliation, secure speedy settlement of marriage/family disputes. - Reasons for establishment (GoI while introducing Bill): 1. Women’s associations/organizations/individuals urged Family Courts for family disputes (emphasis on conciliation, socially desirable results, elimination of rigid procedure/evidence rules). 2. Law Commission (59th report, 1974) stressed Court adopt different approach for family disputes, make efforts at settlement before trial. CPC amended 1976 for special procedure. 3. Courts not much used conciliatory procedure, continued adversary approach. - Main objectives: create specialized court for family matters, promote conciliation, provide inexpensive remedy, flexibility/informality in proceedings. - Information adopted from Department of Justice, Ministry of Law and Justice. | |
| Features | - Salient features of Family Courts Act (1984): 1. Provides for establishment of Family Courts by State Governments (in consultation with HCs). 2. Obligatory on State Governments to set up Family Court in every city/town with population >1 million. 3. State Governments can set up in other areas if necessary. 4. Exclusively provides matters within jurisdiction: (i) Matrimonial relief (nullity, separation, divorce, restitution, validity of marriage/matrimonial status). (ii) Property of spouses. (iii) Legitimacy of person. (iv) Guardianship/custody of minor. (v) Maintenance of wife, children, parents. 5. Obligatory on Family Court to endeavor reconciliation/settlement first. Informal proceedings, rigid procedure rules not apply. 6. Provides for association of social welfare agencies, counsellors, medical/welfare experts during conciliation. 7. Parties not entitled to be represented by legal practitioner as of right. Court can seek legal expert assistance as amicus curiae. 8. Simplifies evidence/procedure rules for effective dispute resolution. 9. Provides for only one right of appeal (to HC). | ||
| Gram Nyayalayas | Establishment & Reasons | - Gram Nyayalayas Act (2008) enacted to provide for establishment of Gram Nyayalayas at grassroots level. - Aim: access to justice at doorsteps, ensure justice not denied due to social/economic/other disabilities. - Reasons for establishment (GoI while introducing Bill): 1. Access to justice for poor/disadvantaged remains worldwide problem. Art 39A directs State to promote justice on equal opportunity basis, provide free legal aid. 2. Government taken measures to strengthen judicial system (simplifying procedural laws, alternative dispute resolution mechanisms, Lok Adalats). Need to strengthen further. 3. Law Commission (114th Report) suggested Gram Nyayalayas for speedy, inexpensive, substantial justice. 4. Justice at doorstep for poor is dream. Setting up in rural areas provides speedy, affordable, substantial justice. - Information adopted from Press Information Bureau, Government of India. | |
| Features | - Salient features of Gram Nyayalayas Act: 1. Court of Judicial Magistrate of first class. 2. Presiding Officer (Nyayadhikari) appointed by State Government (in consultation with HC). 3. Established for every Panchayat at intermediate level or group of contiguous Panchayats (or group of contiguous Panchayats if no intermediate Panchayat). 4. Nyayadhikaris: strictly judicial officers, same salary/powers as First Class Magistrates. 5. Mobile court. 6. Exercises powers of both Criminal & Civil Courts. 7. Seat at headquarters of intermediate Panchayat; go to villages, work there, dispose cases. 8. Tries criminal cases, civil suits, claims/disputes specified in First/Second Schedule to Act. 9. Central/State Governments can amend First/Second Schedule. 10. Follows summary procedure in criminal trial. 11. Exercises Civil Court powers with modifications, follows special procedure. 12. Tries to settle disputes by conciliation; uses conciliators. 13. Judgment/order deemed decree of Civil Court. Follows summary procedure for execution. 14. Not bound by Evidence Act 1872 rules; guided by natural justice principles, subject to HC rules. 15. Appeal in criminal cases to Court of Session (heard/disposed within 6 months). 16. Appeal in civil cases to District Court (heard/disposed within 6 months). 17. Accused can file application for plea bargaining. - Establishment: State Governments establish in consultation with HCs. Act does not make mandatory. - Majority of States set up regular courts at Taluka level. Reluctance of police/state functionaries, lukewarm Bar response, non-availability of notaries/stamp vendors, concurrent jurisdiction of regular courts hinder operationalization. - Issues discussed in Conference of Chief Justices of HCs & CMs (April 2013). Decided State Government & HC decide establishment wherever feasible. Focus on Talukas without regular courts. | ||
| Commercial Courts | Establishment & Reasons | - Commercial Courts Act (2015) enacted for constitution of Commercial Courts, Commercial Appellate Courts, Commercial Division, Commercial Appellate Division in HCs. - Adjudicate commercial disputes of specified value. - ‘Commercial dispute’: broadly defined as dispute from ordinary transactions of merchants, bankers, financiers, traders (mercantile documents, joint venture/partnership agreements, intellectual property rights, insurance). - Reasons for establishment (GoI while introducing Bill): 1. Speedy disposal of high value commercial disputes under consideration. Complex facts/law questions. Need for independent mechanism for early resolution. Early resolution creates positive image to investor world about independent/responsive Indian legal system. 2. Law Commission (253rd Report) recommended establishment of Commercial Courts, Commercial Division, Commercial Appellate Divisions in HCs. 3. Bill introduced based on recommendations. All suits/appeals/applications related to commercial disputes dealt with by these courts. 4. Proposed Bill accelerates economic growth, improves international image of Indian Justice delivery system, faith of investor world in legal culture. | |
| Features | - Salient features of Act: 1. Commercial Courts: State Government can constitute at District level for commercial disputes of specified value. State Government can constitute at District Judge level for HCs with ordinary original civil jurisdiction. 2. Commercial Appellate Courts: State Government can designate at District Judge level (except HCs with ordinary original civil jurisdiction) to exercise appellate jurisdiction over Commercial Courts below District Judge level. 3. Commercial Division: In all HCs with ordinary original civil jurisdiction, Chief Justice of HC can constitute for commercial disputes of specified value filed in HC. 4. Commercial Appellate Division: In all HCs, Chief Justice of HC can constitute to hear appeals against Commercial Courts at District Judge level & Commercial Division orders. 5. Specified value of commercial disputes: Not less than ₹3 lakh or higher value notified by Central Government. (Reduced from ₹1 crore to ₹3 lakh in 2018). 6. Compulsory mediation: Provision for compulsory mediation before suit institution (if no urgent interim relief). Pre-Institution Mediation and Settlement Mechanism introduced. Central Government can empower Legal Services Authorities Act 1987 authorities for pre-institution mediation. | ||
| 39. Panchayati Raj | Evolution of Panchayati Raj | Meaning | - Term signifies system of rural local self-government. - Established in all states by state legislatures to build democracy at grassroots. - Entrusted with rural development. - Constitutionalized through 73rd Constitutional Amendment Act (1992). - ‘Local Government’ is fifth entry of State List (Seventh Schedule). |
| Balwantrai Mehta Committee (1957) | - GoI appointed committee Jan 1957 to examine Community Development Programme (1952) & National Extension Service (1953), suggest improvements. - Chairman: Balwantrai G Mehta. - Report (Nov 1957): recommended establishment of ‘democratic decentralisation’ (Panchayati Raj). - Specific recommendations: 1. Three-tier panchayati raj system: gram panchayat (village), panchayat samiti (block), zila parishad (district). Tiers organically linked by indirect elections. 2. Village panchayat: directly elected representatives. Panchayat samiti & zila parishad: indirectly elected members. 3. All planning & development activities entrusted to these bodies. 4. Panchayat samiti: executive body. Zila parishad: advisory, coordinating, supervisory body. 5. District collector: chairman of zila parishad. 6. Genuine transfer of power & responsibility to democratic bodies. 7. Adequate resources transferred for functions/responsibilities. 8. System evolved for further devolution of authority. - Recommendations accepted by National Development Council (Jan 1958). - NDC did not insist on single rigid pattern, left to states. - Rajasthan first state to establish Panchayati Raj (Oct 2, 1959, Nagaur). Followed by Andhra Pradesh (1959). - Differences among states: number of tiers, samiti/parishad position, tenure, composition, functions, finances. - Rajasthan adopted 3-tier; Tamil Nadu 2-tier; West Bengal 4-tier. - Some states established nyaya panchayats (judicial panchayats) for petty civil/criminal cases. | ||
| Study Teams and Committees | - Since 1960, many study teams/committees/working groups appointed to examine Panchayati Raj functioning. - Listed in Table 39.1. | ||
| Ashok Mehta Committee (1977) | - Janata Government appointed committee Dec 1977. - Chairman: Ashok Mehta. - Report (Aug 1978): made 132 recommendations to revive/strengthen Panchayati Raj. - Main recommendations: 1. Two-tier system: zila parishad (district level), mandal panchayat (group of villages, 15,000-20,000 population). 2. District: first point for decentralization under popular supervision. 3. Zila parishad: executive body, responsible for district planning. 4. Official participation of political parties at all levels of panchayat elections. 5. Compulsory taxation powers for panchayati raj institutions. 6. Regular social audit by district level agency/legislators committee (check fund spending for vulnerable groups). 7. State government not to supersede panchayati raj institutions. Elections within 6 months of supersession. 8. Nyaya panchayats kept separate from development panchayats, presided by qualified judge. 9. State chief electoral officer (in consultation with CEC) to organize/conduct panchayati raj elections. 10. Development functions transferred to zila parishad; development staff under its control. 11. Voluntary agencies important for mobilizing people. 12. Minister for panchayati raj appointed in state council of ministers. 13. Seats for SCs/STs reserved based on population. 14. Constitutional recognition to Panchayati Raj institutions (status, sanctity, continuous functioning). - No action taken at central level (Janata Government collapse). Karnataka, West Bengal, Andhra Pradesh revitalized panchayati raj based on some recommendations. | ||
| G.V.K. Rao Committee (1985) | - Appointed by erstwhile Planning Commission. - Chairman: G.V.K. Rao. - Reviewed existing Administrative Arrangements for Rural Development & Poverty Alleviation Programmes. - Concluded: developmental process gradually bureaucratized, divorced from Panchayati Raj. ‘Grass without roots’. - Recommendations to strengthen/revitalize Panchayati Raj: (i) Zila Parishad: pivotal importance, proper unit for planning/development, principal body for managing development programs. (ii) Panchayati Raj institutions at district & lower levels: assigned important role in planning, implementation, monitoring of rural development programs. (iii) Some state-level planning functions transferred to district-level planning units for effective decentralized planning. (iv) District Development Commissioner: post created. Chief executive officer of Zila Parishad, in charge of all development departments at district level. (v) Elections to Panchayati Raj institutions held regularly. - Differed from Dantwala Committee (1978) & Hanumantha Rao Committee (1984) reports (both suggested basic decentralized planning at district level). - Hanumantha Rao Committee advocated separate district planning bodies under District Collector or minister. Collector significant role in decentralized planning. | ||
| L.M. Singhvi Committee (1986) | - Rajiv Gandhi government appointed committee to prepare concept paper on ‘Revitalisation of Panchayati Raj Institutions for Democracy and Development’. - Chairman: L.M. Singhvi. - Recommendations: (i) Constitutional recognition: Panchayati Raj institutions constitutionally recognized, protected, preserved. New chapter in Constitution. Constitutional provisions for regular, free, fair elections. (ii) Nyaya Panchayats: established for cluster of villages. (iii) Villages reorganized for more viable Gram Panchayats. Emphasized Gram Sabha importance, called it embodiment of direct democracy. (iv) Village Panchayats: more financial resources. (v) Judicial tribunals: established in each state to adjudicate election controversies, dissolution, other matters. | ||
| Thungon Committee (1988) | - Sub-committee of Consultative Committee of Parliament. - Chairman: P.K. Thungon. - Examined political/administrative structure in district for district planning. - Suggested strengthening Panchayati Raj. - Recommendations: 1. Panchayati Raj bodies constitutionally recognized. 2. Three-tier system: panchayats (village), block, district levels. 3. Zila Parishad: pivot of Panchayati Raj, acts as planning/development agency in district. 4. Fixed tenure of 5 years. 5. Maximum supersession period: 6 months. 6. Planning & coordination committee set up at state level (minister for planning as chairman). Presidents of Zila Parishads as members. 7. Detailed list of subjects for Panchayati Raj prepared & incorporated in Constitution. 8. Reservation of seats in all 3 tiers based on population. Reservation for women. 9. State finance commission set up in each state (lay down criteria/guidelines for devolution of finances). 10. District collector: chief executive officer of Zila Parishad. | ||
| Gadgil Committee (1988) | - Constituted by Congress party. - Chairman: V.N. Gadgil. - Asked to consider how to make Panchayati Raj institutions effective. - Recommendations: 1. Constitutional status bestowed on Panchayati Raj institutions. 2. Three-tier system: panchayats (village), block, district levels. 3. Tenure fixed at 5 years. 4. Members of Panchayats at all 3 levels directly elected. 5. Reservation for SCs, STs, Women. 6. Panchayati Raj bodies responsible for preparation/implementation of socio-economic development plans. List of subjects specified in Constitution. 7. Panchayati Raj bodies empowered to levy, collect, appropriate taxes/duties. 8. State Finance Commission for finance allocation. 9. State Election Commission for elections. - Recommendations became basis for drafting amendment bill to confer constitutional status & protection. | ||
| Constitutionalisation | Rajiv Gandhi Government | - Introduced 64th Constitutional Amendment Bill (Nagarpalika Bill) in Lok Sabha (July 1989). - Aimed to constitutionalize, strengthen, revamp municipal bodies. - Passed by LS, but defeated in Rajya Sabha (Oct 1989), lapsed. - V.P. Singh Government: Introduced revised Nagarpalika Bill in LS (Sept 1990). Not passed, lapsed due to LS dissolution. - Narasimha Rao Government: Introduced modified Municipalities Bill in LS (Sept 1991). Emerged as 74th Constitutional Amendment Act (1992), came into force June 1, 1993. | |
| 73rd Amendment Act of 1992 | Significance | - Added new Part IX (‘The Panchayats’, Articles 243-243O) to Constitution. - Added new Eleventh Schedule (29 functional items, deals with Art 243-G). - Gave practical shape to Art 40 (‘State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government’). - Gave constitutional status to panchayati raj institutions. - Brought them under justiciable part of Constitution. - State governments under constitutional obligation to adopt new system. - Revolutionary concept: transfers representative democracy into participatory democracy, builds democracy at grassroots. | |
| Salient Features | - Gram Sabha: foundation of panchayati raj system. Body of persons registered in electoral rolls of village. Village assembly of all registered voters. Exercises powers/functions as state legislature determines. - Three-Tier System: for panchayati raj in every state (village, intermediate, district levels). Act defines Panchayat, Village, Intermediate level, District. - Panchayat: institution of self-government for rural areas. - Village: specified by governor by public notification. - Intermediate level: between village & district levels. - District: district in state. - Exception: state with population <20 lakh may not constitute panchayats at intermediate level. - Election of Members and Chairpersons: - Members of panchayats (village, intermediate, district) directly elected by people. - Chairpersons of panchayats (intermediate, district) indirectly elected (by & from elected members). - Chairperson of village panchayat elected as state legislature determines. - Chairperson & other elected members have right to vote in meetings. - Reservation of Seats: - For SCs/STs in every panchayat (all 3 levels) in proportion to population. - State legislature provides for reservation of chairpersons (village/other level) for SCs/STs. - Not less than 1/3 of total seats for women (including SC/ST women). - Not less than 1/3 of chairpersons for women. - State legislature can provide for reservation of seats/chairpersons for backward classes. - Reservation for SCs/STs/women ceases after period specified in Art 334 (presently 80 years, till 2030). - Reservation for SCs (Art 338) not applicable to Arunachal Pradesh (inhabited fully by tribal people, no SCs). Added by 83rd Constitutional Amendment Act (2000). - Duration of Panchayats: 5-year term from first meeting. Can be dissolved earlier. - Fresh elections completed: before 5-year expiry; or within 6 months of dissolution. - If remainder period <6 months, no election needed. - Panchayat reconstituted after premature dissolution continues only for remainder period. - Disqualifications: Person disqualified for being chosen/member if disqualified under any law for state legislature elections. Not disqualified if <25 years but >21 years. Questions of disqualification referred to state legislature. - State Election Commission: Superintendence, direction, control of electoral rolls preparation & elections to panchayats vested in State EC. Consists of State Election Commissioner (appointed by governor). Conditions of service/tenure determined by governor. Removed like HC judge. Conditions not varied to disadvantage. State legislature can make provision for elections. - Powers and Functions: State legislature can endow panchayats with powers/authority as self-government institutions. Scheme can contain provisions for devolution of powers/responsibilities for: plans for economic development/social justice; implementation of schemes (including 29 items in Eleventh Schedule). - Finances: State legislature can: authorize panchayat to levy/collect/appropriate taxes/duties/tolls/fees; assign state taxes/duties/tolls/fees to panchayats; provide grants-in-aid from Consolidated Fund of State; provide for constitution of funds for panchayat moneys. - Finance Commission: Governor of state constitutes Finance Commission every 5 years to review financial position of panchayats. Makes recommendations to Governor on: distribution of net proceeds of state taxes/duties/tolls/fees between state & panchayats; determination of taxes/duties/tolls/fees assigned to panchayats; grants-in-aid from Consolidated Fund of State. State legislature can provide for composition, qualifications, selection of members. Governor places recommendations & action taken report before state legislature. Central Finance Commission also suggests measures to augment state Consolidated Fund to supplement panchayat resources. - Audit of Accounts: State legislature can make provisions for maintenance & auditing of panchayat accounts. - Application to Union Territories: Provisions applicable to UTs. President can direct with exceptions/modifications. - Exempted States and Areas: Act does not apply to Nagaland, Meghalaya, Mizoram, & certain areas: (a) Scheduled areas & tribal areas in states (10 states have scheduled areas, 4 have tribal areas). (b) Hill areas of Manipur (district councils exist). (c) Darjeeling district of West Bengal (Darjeeling Gorkha Hill Council exists). - Parliament can extend provisions to scheduled/tribal areas with exceptions/modifications. Under this, Parliament enacted ‘Provisions of the Panchayats (Extension to the Scheduled Areas) Act’, 1996 (PESA Act). - Continuance of Existing Laws and Panchayats: State laws relating to panchayats continue for 1 year from Act commencement. States adopt new system within 1 year. Existing panchayats continue till term expiry (unless dissolved sooner). Majority of states passed acts in 1993/1994. - Bar to Interference by Courts in Electoral Matters: Act bars court interference. Validity of delimitation/seat allotment not questioned in court. Election not questioned except by election petition to authority provided by state legislature. | ||
| 40. Municipalities | Evolution of Urban Bodies | Meaning & Constitutionalization | - Term ‘Urban Local Government’ signifies governance of urban area by elected representatives. - Jurisdiction limited to specific urban area demarcated by state government. - ‘Local Government’ is State List subject (Seventh Schedule). - 8 types of urban local governments: municipal corporation, municipality, notified area committee, town area committee, cantonment board, township, port trust, special purpose agency. - System constitutionalized through 74th Constitutional Amendment Act (1992). - Central level, ‘urban local government’ dealt with by 3 ministries: Ministry of Housing & Urban Affairs, Ministry of Defense (cantonment boards), Ministry of Home Affairs (UTs). |
| Historical Perspective | - Originated/developed in modern India during British rule. - Major events: (i) 1688: First municipal corporation set up at Madras (Charter 1687, came into existence 1688). (ii) 1726: Municipal corporations set up in Bombay & Calcutta. (iii) Lord Mayo’s Resolution (1870): financial decentralization visualized local self-government development. (iv) Lord Ripon’s Resolution (1882): ‘Magna Carta’ of local self-government. ‘Father of local-self government in India’. (v) Royal Commission on decentralisation (1907): appointed, reported 1909. Chairman: C.E.H. Hobhouse. (vi) Government of India Act (1919): local self-government became transferred subject under Indian minister (dyarchical scheme). (vii) Cantonments Act (1924): passed by Central legislature. (viii) Government of India Act (1935): local self-government declared provincial subject (provincial autonomy scheme). | ||
| Committees and Commissions | - Committees/commissions appointed by Central Government to improve urban local governments in Table 40.1. | ||
| Constitutionalisation | Rajiv Gandhi Government | - Introduced 65th Constitutional Amendment Bill (Nagarpalika Bill) in Lok Sabha (Aug 1989). - Aimed to strengthen/revamp municipal bodies by conferring constitutional status. - Passed by LS, defeated in Rajya Sabha (Oct 1989), lapsed. - V.P. Singh Government: Introduced revised Nagarpalika Bill in LS (Sept 1990). Not passed, lapsed due to LS dissolution. - Narasimha Rao Government: Introduced modified Municipalities Bill in LS (Sept 1991). Emerged as 74th Constitutional Amendment Act (1992), came into force June 1, 1993. - Added new Part IX-A (‘The Municipalities’, Articles 243P-243ZG) to Constitution. - Added new Twelfth Schedule (18 functional items, deals with Art 243-W). - Gave constitutional status to municipalities. - Brought them under justiciable part of Constitution. - State governments under constitutional obligation to adopt new system. | |
| 74th Amendment Act of 1992 | Salient Features | - Three Types of Municipalities: Act provides for constitution of 3 types in every state: 1. Nagar Panchayat: for transitional area. 2. Municipal Council: for smaller urban area. 3. Municipal Corporation: for larger urban area. - Exception: industrial establishment providing municipal services can be industrial township (no municipality). - Governor specifies transitional/smaller/larger urban area based on: population, density, revenue, employment in non-agricultural activities, economic importance, other factors. - Composition: All members of municipality directly elected by people. Municipal area divided into territorial constituencies (wards). State legislature can provide for election manner of chairperson. - Representation of: persons with special knowledge/experience (without voting right); LS/state LA members representing constituencies; RS/state LC members registered as electors; chairpersons of committees (other than wards committees). - Wards Committees: Constituted for municipality with population >3 lakh. State legislature can provide for composition, territorial area, seat filling. - Other Committees: State legislature can provide for constitution of other committees. Chairpersons can be members of municipality. - Reservation of Seats: - For SCs/STs in every municipality in proportion to population. - Not less than 1/3 of total seats for women (including SC/ST women). - State legislature can provide for reservation of chairpersons for SCs/STs/women. - State legislature can provide for reservation of seats/chairpersons for backward classes. - Reservation for SCs/STs/women ceases after period specified in Art 334 (presently 80 years, till 2030). - Duration of Municipalities: 5-year term from first meeting. Can be dissolved earlier. - Fresh elections completed: before 5-year expiry; or within 6 months of dissolution. - If remainder period <6 months, no election needed. - Municipality reconstituted after premature dissolution continues only for remainder period. - 2 more provisions on dissolution: municipality given reasonable opportunity of being heard; no amendment of law causes dissolution before 5-year term. - Disqualifications: Person disqualified for being chosen/member if disqualified under any law for state legislature elections. Not disqualified if <25 years but >21 years. Questions of disqualification referred to state legislature. - State Election Commission: Superintendence, direction, control of electoral rolls preparation & elections to municipalities vested in State EC. Consists of State Election Commissioner (appointed by governor). State legislature can make provision for elections. - Powers and Functions: State legislature can endow municipalities with powers/authority as self-government institutions. Scheme can contain provisions for devolution of powers/responsibilities for: plans for economic development/social justice; implementation of schemes (including 18 items in Twelfth Schedule). - Finances: State legislature can: authorize municipality to levy/collect/appropriate taxes/duties/tolls/fees; assign state taxes/duties/tolls/fees to municipalities; provide grants-in-aid from Consolidated Fund of State; provide for constitution of funds for municipality moneys. - Finance Commission: Finance Commission (constituted for panchayats) also reviews financial position of municipalities every 5 years. Makes recommendations to Governor on: distribution of net proceeds of state taxes/duties/tolls/fees between state & municipalities; determination of taxes/duties/tolls/fees assigned to municipalities; grants-in-aid from Consolidated Fund of State. Governor places recommendations & action taken report before state legislature. Central Finance Commission also suggests measures to augment state Consolidated Fund to supplement municipality resources. - Audit of Accounts: State legislature can make provisions for maintenance & auditing of municipality accounts. - Application to Union Territories: Provisions applicable to UTs. President can direct with exceptions/modifications. President (2001) directed Art 243ZD (District Planning Committee) & 243ZE (Metropolitan Planning Committee) not apply to NCT of Delhi. - Exempted Areas: Act does not apply to scheduled areas & tribal areas in states. Does not affect functions/powers of Darjeeling Gorkha Hill Council. - Continuance of Existing Laws and Municipalities: State laws relating to municipalities continue for 1 year from Act commencement. States adopt new system within 1 year. Existing municipalities continue till term expiry (unless dissolved sooner). - Bar to Interference by Courts in Electoral Matters: Act bars court interference. Validity of delimitation/seat allotment not questioned in court. Election not questioned except by election petition to authority provided by state legislature. - Twelfth Schedule: 18 functional items placed within purview of municipalities: 1. Urban planning (town planning). 2. Regulation of land use & construction of buildings. 3. Planning for economic & social development. 4. Roads & bridges. 5. Water supply (domestic, industrial, commercial). 6. Public health, sanitation, conservancy, solid waste management. 7. Fire services. 8. Urban forestry, environment protection, ecological aspects. 9. Safeguarding weaker sections (handicapped, mentally retarded). 10. Slum improvement & upgradation. 11. Urban poverty alleviation. 12. Provision of urban amenities (parks, gardens, playgrounds). 13. Promotion of cultural, educational, aesthetic aspects. 14. Burials, burial grounds, cremations, cremation grounds, electric crematoriums. 15. Cattle ponds, prevention of cruelty to animals. 16. Vital statistics (registration of births & deaths). 17. Public amenities (street lighting, parking lots, bus stops, public conveniences). 18. Regulation of slaughter houses & tanneries. - Articles related to Municipalities in Table 40.3. | |
| Types of Urban Governments | Municipal Corporation | - For big cities (Delhi, Mumbai, Kolkata, Hyderabad, Bangalore). - Established by acts of concerned state legislatures (UTs: Parliament acts). One common act or separate act for each. - 3 authorities: council, standing committees, commissioner. - Council: deliberative & legislative wing. Consists of directly elected Councillors & few nominated persons (knowledge/experience in municipal administration). Composition governed by 74th Amendment Act. - Headed by Mayor (assisted by Deputy Mayor). Elected for 1-year renewable term. Ornamental figure, formal head. Presides over Council meetings. - Standing Committees: facilitate Council working. Deal with public works, education, health, taxation, finance. Take decisions. - Municipal Commissioner: responsible for implementation of council/standing committee decisions. Chief executive authority. Appointed by state government (usually IAS). | |
| Municipality | - For towns & smaller cities. - Established by acts of concerned state legislatures (UTs: Parliament acts). Also ‘municipal council’, ‘municipal committee’, ‘municipal board’, ‘borough municipality’, ‘city municipality’. - 3 authorities: council, standing committees, chief executive officer. - Council: deliberative & legislative wing. Consists of directly elected Councillors. - Headed by President/Chairman (assisted by Vice-President/Vice-Chairman). Presides over Council meetings. Significant role, pivot of municipal administration. Enjoys executive powers. - Standing Committees: facilitate Council working. Deal with public works, taxation, health, finance. - Chief Executive Officer/Chief Municipal Officer: responsible for day-to-day general administration. Appointed by state government. | ||
| Notified Area Committee | - For fast developing towns (industrialization) or towns not fulfilling municipality conditions but important. - Established by notification in government gazette. - Functions within State Municipal Act, but only notified provisions apply. Can exercise powers under other acts. - Entirely nominated body (all members including chairman nominated by state government). - Neither elected nor statutory. | ||
| Town Area Committee | - For small towns. - Semi-municipal authority. - Entrusted with limited civic functions (drainage, roads, street lighting, conservancy). - Created by separate act of state legislature. - Composition, functions, other matters governed by act. - Can be wholly elected, wholly nominated, or partly elected/nominated. - Rural-Urban Relationship Committee (1963-66) recommended merging small town area committees with panchayati raj institutions. | ||
| Cantonment Board | - For municipal administration for civilian population in cantonment area. - Set up under Cantonments Act of 2006 (repealed Cantonments Act 1924). - Works under administrative control of Defense Ministry (Central government). - Aims: greater democratization, financial base improvement, developmental activities. - Presently 62 cantonment boards. - Grouped into 4 categories based on civil population (Table 40.2). - Consists of partly elected & partly nominated members. - Elected members: 5-year term. Nominated (ex-officio) members: continue as long as hold office. - Military officer commanding station: ex-officio president, presides over meetings. - Vice-president elected by elected members (5-year term). - Category I board members: military officer (commanding station), executive engineer, health officer, first class magistrate (nominated by DM), 3 military officers (nominated by officer commanding station), 8 elected members. - Functions similar to municipality (statutorily categorized into obligatory & discretionary). - Sources of income: tax revenue & non-tax revenue. - Executive officer appointed by President of India (belongs to central cadre). | ||
| Township | - Established by large public enterprises. - Provide civic amenities to staff/workers in housing colonies near plant. - Enterprise appoints town administrator. - Assisted by engineers & technical/non-technical staff. - No elected members. - Extension of bureaucratic structure. | ||
| Port Trust | - Established in port areas (Mumbai, Kolkata, Chennai). - 2 purposes: manage/protect ports; provide civic amenities. - Created by Act of Parliament.<br;- Consists of elected & nominated members. - Chairman is official. - Civic functions similar to municipality. | ||
| Special Purpose Agency | - States set up for designated activities/functions legitimately belonging to municipal corporations/municipalities/other urban governments. - Function-based, not area-based. - Also ‘single purpose’, ‘uni-purpose’, ‘functional local bodies’. - Examples: Town improvement trusts, Urban development authorities, Water supply/sewerage boards, Housing boards, Pollution control boards, Electricity supply boards, City transport boards. - Established as statutory bodies by state act or as departments by executive resolution. - Function autonomously, deal with allotted functions independently. - Not subordinate agencies of local municipal bodies. | ||
| Municipal Personnel | Three Types of Systems | - 3 types of municipal personnel systems in India: 1. Separate Personnel System: Each local body appoints, administers, controls own personnel. Not transferable. Most prevalent. Upholds local autonomy, promotes undivided loyalty. 2. Unified Personnel System: State government appoints, administers, controls municipal personnel. State-wide services (cadres) created for all urban bodies. Transferable. Prevalent in Andhra Pradesh, Tamil Nadu, UP, Rajasthan, MP. 3. Integrated Personnel System: State government personnel & local body personnel form part of same service. Transferable between local bodies & state government departments. No distinction between local civil service & state civil service. Prevalent in Odisha, Bihar, Karnataka, Punjab, Haryana. - National level institutions for training municipal personnel: All-India Institute of Local Self-Government (Mumbai, 1927); Centre for Urban & Environmental Studies (New Delhi, 1967); Regional Centres for Urban & Environmental Studies (Kolkata, Lucknow, Hyderabad, Mumbai, 1968); National Institute of Urban Affairs (New Delhi, 1976); Human Settlement Management Institute (New Delhi, 1985). | |
| Municipal Revenue | Sources of Income | - 5 sources: 1. Tax Revenue: Property tax, entertainment tax, advertisement tax, professional tax, water tax, animal tax, lighting tax, pilgrim tax, market tax, toll on new bridges. Various cesses (library, education, beggary). Property tax most important. 2. Non-Tax Revenue: Rent on municipal properties, fees, fines, royalty, profits, dividends, interest, user charges (water, sanitation, sewerage). 3. Grants: From Central & State Governments for development programs, infrastructure schemes, urban reform initiatives. 4. Devolution: Transfer of funds from state government (based on state finance commission recommendations). 5. Loans: From state government & financial institutions (with state government approval) for capital expenditure. | |
| Central Council of Local Government | Establishment & Functions | - Set up 1954. - Constituted under Article 263 by President’s order. - Originally ‘Central Council of Local Self-Government’. Renamed ‘government’ in 1980s. - Till 1958, dealt with urban & rural local governments; after 1958, urban only. - Advisory body. - Members: GoI Minister for Housing & Urban Affairs, state ministers for local self-government. - Union minister acts as Chairman. - Functions: (i) Considering & recommending policy matters. (ii) Making proposals for legislation. (iii) Examining possibility of cooperation between Centre & states. (iv) Drawing up common program of action. (v) Recommending Central financial assistance. (vi) Reviewing work done by local bodies with Central financial assistance. | |
| 41. Union Territories | Creation of Union Territories | Evolution | - Under Article 1, territory of India comprises 3 categories: states, UTs, acquired territories. - Presently 28 states, 8 UTs, no acquired territories. - States: members of federal system, share power with Centre. - UTs: directly controlled/administered by Central government. ‘Centrally administered territories’. Conspicuous departure from federalism. - British Rule: certain areas ‘scheduled districts’ (1874), later ‘chief commissioners provinces’. - After independence: placed in Part ‘C’ States & Part ‘D’ Territories (1950 Constitution, 4-fold classification). - 1956: constituted as ‘union territories’ by 7th Constitutional Amendment Act (1956) & States Reorganisation Act (1956). - Some UTs elevated to statehood: Himachal Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh, Goa. - Territories acquired from Portuguese (Goa, Daman & Diu, Dadra & Nagar Haveli) & French (Puducherry) constituted as UTs. - Presently 8 UTs (with creation year): 1. Andaman & Nicobar Islands (1956). 2. Delhi (1956) (redesignated National Capital Territory 1992). 3. Lakshadweep (1956) (known as Laccadive, Minicoy & Amindivi Islands till 1973). 4. Puducherry (1962) (known as Pondicherry till 2006). 5. Chandigarh (1966). 6. Jammu & Kashmir (2019). 7. Ladakh (2019). 8. Dadra & Nagar Haveli and Daman & Diu (2020) (merged erstwhile separate UTs). - Reasons for creation of UTs: 1. Political & administrative consideration: Delhi, Chandigarh. 2. Cultural distinctiveness: Puducherry, Dadra & Nagar Haveli and Daman & Diu. 3. Strategic importance: Andaman & Nicobar Islands, Lakshadweep. 4. Special treatment & care of backward/tribal people: Mizoram, Manipur, Tripura, Arunachal Pradesh (later states). - J&K Reorganisation Bill, 2019: bifurcated J&K state into 2 UTs. Reasons: Ladakh large area, sparsely populated, difficult terrain, long pending demand for UT status (without legislature); J&K UT for internal security, cross border terrorism (with legislature). - Dadra & Nagar Haveli and Daman & Diu (Merger of Union Territories) Bill, 2019: merged 2 UTs into single. Reasons: shared administrative setup, history, language, culture; common Secretaries/Chief of Police/Chief Conservator of Forest; similar policies/schemes; 2 secretariats/parallel departments consume infrastructure/manpower; Administrator/Secretaries/Heads functions on alternate days; separate subordinate employees; GoI departments coordinate separately; duplicacy, inefficiency, wasteful expenditure, financial burden. |
| Administration of Union Territories | Articles 239-241 | - Articles 239-241 (Part VIII) deal with UTs. - No uniformity in administrative system. - Administered by President acting through administrator (appointed by President). - Administrator: agent of President, not head of state like governor. - President specifies designation: Lieutenant Governor (Delhi, Puducherry, Andaman & Nicobar, J&K, Ladakh); Administrator (Chandigarh, Dadra & Nagar Haveli and Daman & Diu, Lakshadweep). - President can appoint state governor as administrator of adjoining UT (governor acts independently of his council of ministers). - Legislative Assembly & Council of Ministers: Puducherry (1963), Delhi (1992), J&K (2019) have legislative assembly & council of ministers (CM head). - Puducherry Assembly: 30 members. Delhi Assembly: 70 members. J&K Assembly: 83 members. - Remaining 6 UTs have no popular political institutions. - Establishment of institutions does not diminish President/Parliament control. - Parliament can make laws on any subject of 3 lists (including State List) for UTs. Power extends to Puducherry, Delhi, J&K (own local legislatures). - Legislative assembly of Puducherry can make laws on State List & Concurrent List. - Legislative assembly of Delhi can make laws on State List (except public order, police, land) & Concurrent List. - Legislative assembly of J&K can make laws on State List (except public order, police) & Concurrent List. - President can make regulations for peace/progress/good government of Andaman & Nicobar, Lakshadweep, Dadra & Nagar Haveli and Daman & Diu, Ladakh. - For Puducherry, President can legislate by regulations only when assembly suspended/dissolved. - Regulation has same force/effect as Parliament act, can repeal/amend. - Parliament can establish HC for UT or put under adjacent state HC jurisdiction. - Delhi only UT with own HC (since 1966). - Bombay HC: jurisdiction over Dadra & Nagar Haveli and Daman & Diu. - Calcutta HC: jurisdiction over Andaman & Nicobar Islands. - Punjab & Haryana HC: jurisdiction over Chandigarh. - Kerala HC: jurisdiction over Lakshadweep. - Madras HC: jurisdiction over Puducherry. - J&K & Ladakh HC: common HC for J&K & Ladakh. - Administrative System of Union Territories in Table 41.1. - Comparing States and Union Territories in Table 41.2. - Articles Related to Union Territories in Table 41.3. | |
| Special Provisions for Delhi | 69th Constitutional Amendment Act (1991) | - Accorded special status to Delhi. - Redesignated National Capital Territory of Delhi. - Administrator of Delhi designated Lieutenant Governor. - Created legislative assembly & council of ministers for Delhi. - Assembly strength: 70 members (directly elected). Elections by EC. - Assembly can make laws on State List & Concurrent List (except public order, police, land). Parliament laws prevail over Assembly laws. - Council of ministers strength: 10% of assembly strength (7 ministers: 1 CM, 6 others). - CM appointed by President (not LG). Other ministers appointed by President on CM’s advice. - Ministers hold office during President’s pleasure. - Council collectively responsible to assembly. - Council (CM head) aids & advises LG in functions (except discretionary). - If difference of opinion between LG & ministers, LG refers to President for decision. - If administration cannot be carried on according to provisions, President can suspend operation & make provisions (President’s rule). - LG empowered to promulgate ordinances during assembly recess (same force as act). Ordinance approved by assembly within 6 weeks of reassembly. LG can withdraw. Cannot promulgate/withdraw without President’s prior permission. | |
| Advisory Committees of Union Territories | HMAC/AAC | - Government of India (Allocation of Business) Rules 1961: Ministry of Home Affairs is nodal ministry for UT legislation, finance, budget, services, appointments. - All 5 UTs without legislature (Andaman & Nicobar, Chandigarh, Dadra & Nagar Haveli and Daman & Diu, Lakshadweep, Ladakh) have forum for general issues: - Home Minister’s Advisory Committee (HMAC): chaired by Union Home Minister. - Administrator’s Advisory Committee (AAC): chaired by Administrator of concerned UT. - MPs & elected members from local bodies (District Panchayats, Municipal Councils) are members. - Discuss general issues related to social & economic development. | |
| 42. Scheduled and Tribal Areas | Administration of Scheduled Areas | Article 244 (Part X) | - Envisages special system of administration for ‘scheduled areas’ & ‘tribal areas’. - Fifth Schedule: deals with administration & control of scheduled areas & tribal areas in any state (except Assam, Meghalaya, Tripura, Mizoram). - Sixth Schedule: deals with administration of tribal areas in 4 north-eastern states (Assam, Meghalaya, Tripura, Mizoram). - Scheduled areas treated differently because inhabited by ‘aboriginals’ (socially/economically backward). Special efforts needed to improve condition. - Normal administrative machinery not extended. Central government has greater responsibility. - Features of administration in Fifth Schedule: 1. Declaration of Scheduled Areas: President empowered to declare area as scheduled area. Can increase/decrease area, alter boundary, rescind designation, make fresh orders (in consultation with governor). - Criteria for declaring scheduled area (well-established, not spelt out in Constitution): preponderance of tribal population; compactness & reasonable size; viable administrative entity (District, Block, Taluk); economic backwardness. 2. Executive Power of State and Centre: State’s executive power extends to scheduled areas. Governor has special responsibility. Governor submits annual/required report to President on administration. - Centre’s executive power extends to giving directions to states on administration. 3. Tribes Advisory Council: Each state with scheduled areas must establish TAC to advise on welfare/advancement of scheduled tribes. Consists of 20 members (3/4 representatives of scheduled tribes in state LA). Similar council can be established in state with scheduled tribes but no scheduled areas if President directs. 4. Law applicable to Scheduled Areas: Governor empowered to direct Parliament/state legislature act not apply to scheduled area or apply with modifications/exceptions. Can make regulations for peace/good government (after consulting TAC). Regulations can prohibit/restrict land transfer by/among scheduled tribes, regulate land allotment, regulate money-lending. Regulation can repeal/amend Parliament/state legislature act. All regulations require President’s assent. - Constitution requires President to appoint commission to report on administration of scheduled areas & welfare of scheduled tribes (any time, compulsarily after 10 years). First commission 1960 (U.N. Dhebar). Second commission 2002 (Dilip Singh Bhuria). |
| Administration of Tribal Areas | Sixth Schedule | - Constitution (Sixth Schedule) contains special provisions for tribal areas in 4 north-eastern states (Assam, Meghalaya, Tripura, Mizoram). - Rationality: tribes not assimilated much, anthropological specimens, still have own culture/customs/civilization. Given sizeable autonomy for self-government. - Presently 10 tribal areas in 4 states (Table 42.1). - Features of administration in Sixth Schedule: 1. Autonomous districts: Tribal areas constituted as autonomous districts. Do not fall outside state executive authority. 2. Organization/Reorganization: Governor empowered to organize/reorganize autonomous districts (increase/decrease areas, change names, define boundaries). 3. Autonomous regions: If different tribes in autonomous district, governor can divide district into several autonomous regions. 4. District Council: Each autonomous district has District Council (30 members: 4 nominated by governor, 26 elected on adult franchise). Elected members 5-year term (unless dissolved earlier). Nominated members hold office during governor’s pleasure. Each autonomous region has separate Regional Council. 5. Administration: District & Regional Councils administer areas under jurisdiction. Can make laws on specified matters (land, forests, canal water, shifting cultivation, village administration, property inheritance, marriage/divorce, social customs). All laws require governor’s assent. 6. Village Councils/Courts: District & Regional Councils can constitute for trial of suits/cases between tribes. Hear appeals. HC jurisdiction over suits/cases specified by governor. 7. Other functions: District Council can establish/construct/manage primary schools, dispensaries, markets, ferries, fisheries, roads. Can make regulations for money-lending/trading by non-tribals (require governor’s assent). 8. Taxation: District & Regional Councils empowered to assess/collect land revenue, impose certain specified taxes. 9. Application of laws: Parliament/state legislature acts do not apply to autonomous districts/regions or apply with modifications/exceptions. 10. Commission: Governor can appoint commission to examine/report on administration of autonomous districts/regions. Can dissolve district/regional council on commission recommendation. - Articles Related to Scheduled and Tribal Areas in Table 42.2. | |
| 43. Election Commission | Composition | Article 324 | - Permanent & independent body established by Constitution. - Ensures free & fair elections. - Article 324: power of superintendence, direction, control of elections to Parliament, state legislatures, President, Vice-President vested in EC. - All-India body (common to Central & state governments). - EC not concerned with panchayat/municipality elections (separate State Election Commission). - Composition provisions in Art 324: 1. EC consists of Chief Election Commissioner (CEC) & such number of other Election Commissioners (ECs) as President fixes. 2. Appointment by President. 3. If other ECs appointed, CEC acts as chairman of EC. 4. President can appoint regional commissioners (after consulting EC) to assist EC. 5. Conditions of service & tenure of office determined by President (subject to Parliament law). - From 1950-Oct 15, 1989: single member body (CEC only). - Oct 16, 1989: President appointed 2 more ECs (to cope with increased work due to voting age reduction). EC functioned as multi-member body. - 61st Constitutional Amendment Act (1988) reduced voting age from 21 to 18 (effective 1989). - Jan 1990: 2 EC posts abolished, EC reverted to single member. - Oct 1993: President appointed 2 more ECs. Since then, multi-member body (3 ECs). - Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991: 1. CEC & 2 ECs have equal powers, receive equal salary/allowances/perquisites (similar to SC judge). 2. Difference of opinion: decided by Commission by majority. 3. Hold office for 6 years or until 65 years (whichever earlier). Can resign to President. |
| Independence | Safeguards | - Art 324 made provisions to safeguard/ensure independent & impartial functioning: 1. Security of tenure for CEC: Removed only in same manner & grounds as SC judge (resolution by both Houses with special majority, proved misbehaviour/incapacity). Does not hold office during President’s pleasure. 2. Service conditions of CEC not varied to disadvantage after appointment. 3. Other ECs/Regional Commissioners not removed except on CEC recommendation. - Flaws noted: 1. Constitution not prescribed qualifications (legal, educational, administrative, judicial). 2. Constitution not specified term of members. 3. Constitution not debarred retiring ECs from further government appointment. - Anoop Baranwal case (2023): SC gave directions for independence/neutrality of EC. 1. Appointment of CEC & other ECs on recommendation of 3-member committee: PM, Leader of Opposition (LS) (or leader of largest opposition party), CJI. 2. Grounds for removal of other ECs same as CEC (SC judge). 3. Conditions of service of other ECs not varied to disadvantage. | |
| Powers and Functions | Classification | - Powers & functions regarding elections to Parliament, state legislatures, President, Vice-President classified into 3 categories: 1. Administrative. 2. Advisory. 3. Quasi-Judicial. - In detail: 1. Determine territorial areas of electoral constituencies (based on Delimitation Commission Act). 2. Prepare & periodically revise electoral rolls, register eligible voters. 3. Notify dates & schedules of elections, scrutinize nomination papers. 4. Grant recognition to political parties, allot election symbols. 5. Act as court for settling disputes on party recognition/symbol allotment. 6. Appoint officers for electoral arrangement disputes. 7. Determine code of conduct for parties/candidates. 8. Prepare roster for publicity of political parties’ policies on radio/TV. 9. Advise President on MP disqualifications. 10. Advise governor on state MLA/MLC disqualifications. 11. Cancel polls for rigging, booth capturing, violence, irregularities. 12. Request President/governor for staff for elections. 13. Supervise election machinery for free/fair elections. 14. Advise President if elections can be held in state under President’s rule to extend emergency beyond 1 year. 15. Register political parties, grant national/state party status based on poll performance. - Assisted by deputy ECs (drawn from civil service, tenure system). Assisted by secretaries, joint secretaries, deputy secretaries, under secretaries. | |
| Vision, Mission and Principles | EC’s Guiding Framework | - Vision: Institution of Excellence by enhancing active engagement, participation; deepening/strengthening electoral democracy in India & globally. - Mission: Maintain independence, integrity, autonomy; ensure accessibility, inclusiveness, ethical participation of stakeholders; adopt highest standards of professionalism for delivering free, fair, transparent elections; strengthen trust in electoral democracy/governance. - Guiding Principles: 1. Uphold values (equality, equity, impartiality, independence, rule of law) in superintendence, direction, control of electoral governance. 2. Conduct elections with highest standard of credibility, freeness, fairness, transparency, integrity, accountability, autonomy, professionalism. 3. Ensure participation of all eligible citizens in electoral process (inclusive, voter-centric, voter-friendly). 4. Engage with political parties & stakeholders for electoral process. 5. Promote awareness about electoral process/governance among stakeholders (voters, political parties, functionaries, candidates, public); enhance trust. 6. Develop human resource for effective/professional delivery of electoral services. 7. Build quality infrastructure for smooth conduct. 8. Adopt technology for improvement. 9. Strive for innovative practices, excellence, realization of vision/mission. 10. Contribute to reinforcement of democratic values by maintaining/reinforcing public confidence. | |
| 44. Union Public Service Commission | Composition | Articles 315-323 (Part XIV) | - Central recruiting agency in India. - Independent constitutional body (directly created by Constitution). - Articles 315-323 (Part XIV) contain provisions for composition, appointment, removal of members, independence, powers, functions. - Consists of Chairman & other members (number not specified, left to President’s discretion). - No qualifications prescribed for membership, except half members should have held office for 10 years (under GoI or state government). - President determines conditions of service of Chairman & members. - President authorized to make provisions for staff number & conditions of service. - Chairman & members hold office for 6 years or until 65 years (whichever earlier). - Can resign to President. - President can appoint one member as acting chairman if office vacant or chairman unable to perform duties. Acting chairman functions until new chairman or chairman resumes. |
| Removal | Procedure | - President can remove Chairman/member from office under 3 circumstances: (a) Adjudged insolvent. (b) Engages in paid employment outside duties during term. (c) Unfit to continue in office by reason of infirmity of mind or body. - Also removed for misbehaviour. - If misbehaviour, President refers matter to Supreme Court for enquiry. - SC enquiry: upholds removal, President removes. SC advice binding. - During enquiry, President can suspend Chairman/member. - ‘Misbehaviour’: Chairman/member concerned/interested in contract/agreement made by GoI/state government, or participates in profit/benefit other than as member of incorporated company. - A.K. Kidwai case (1979): SC upheld appointment of former UPSC Chairman as Bihar governor (governor office is constitutional, not employment). | |
| Independence | Safeguards | - Constitution made following provisions: (a) Security of tenure: Removed only in manner & grounds mentioned in Constitution. (b) Service conditions not varied to disadvantage after appointment. (c) Expenses charged on Consolidated Fund of India (salaries, allowances, pensions of Chairman/members/staff). Non-votable by Parliament. (d) Chairman not eligible for further GoI/state government employment after ceasing office. (e) Member eligible for UPSC Chairman or SPSC Chairman, but not other GoI/state government employment. (f) Chairman/member not eligible for reappointment to that office after first term. - Supreme Court (2023) gave directions in Anoop Baranwal case to ensure independence/neutrality of EC. | |
| Functions | Roles | - Performs following functions: (i) Conducts examinations for appointments to All-India Services, Central services, public services of centrally administered territories. (ii) Assists states (if requested by 2+ states) in framing/operating joint recruitment schemes. (iii) Serves needs of state (on state governor request, with President approval). (iv) Consulted on following matters & advises: (a) Methods of recruitment to civil services & posts. (b) Principles for appointments, promotions, transfers from one service to another. (c) Suitability of candidates for appointments, promotions, transfers. (d) Disciplinary matters (memorials, petitions). (e) Reimbursement of legal expenses incurred by civil servant. (f) Award of pension for injuries sustained by civil servant. (g) Any other matter referred by President. - Supreme Court: if GoI fails to consult UPSC, aggrieved public servant has no court remedy. Irregularity in consultation or acting without consultation does not invalidate decision. Selection by UPSC does not confer right to post. GoI acts fairly, without arbitrariness/malafides. - Parliament can confer additional functions relating to Union services. Can place personnel system of any authority/corporate body/public institution under UPSC jurisdiction. - Presents annual report to President. President places report before both Houses of Parliament (with memorandum explaining non-acceptance reasons). - For state government reports, President forwards to state governor. Governor places report before state legislature (with memorandum). | |
| Limitations | Matters Excluded from Jurisdiction | - Matters kept outside functional jurisdiction (UPSC not consulted): (a) Reservations of appointments/posts for backward class citizens. (b) Claims of SCs/STs in appointments. (c) Selection for temporary/officiating appointment (if person not hold >1 year, necessary in public interest, reference causes undue delay). (d) Appointments to Group C & D Central Services. (e) Appointments to Chairman/members of boards, commissions, tribunals, similar authorities. (f) Appointments to Heads of Diplomatic, Consular, Indian Missions abroad. - President can exclude posts/services/matters from UPSC purview. Constitution states President can make regulations specifying matters not requiring UPSC consultation. Regulations laid before Parliament (14 days). Parliament can amend/repeal. - Regulations known as UPSC (Exemption from Consultation) Regulations, 1958 (amended). | |
| Role | Watch-dog of Merit System | - Visualises UPSC as ‘watch-dog of merit system’ in India. - Concerned with recruitment to All-India Services & Central Services (Group A & B). - Advises government on promotion & disciplinary matters. - Not concerned with classification of services, pay/service conditions, cadre management, training. - These matters handled by Department of Personnel & Training (one of 3 departments of Ministry of Personnel, Public Grievances and Pensions). - UPSC is central recruiting agency; DoPT is central personnel agency. - Role limited, recommendations advisory, not binding. - GoI can make rules regulating scope of advisory functions. - Emergence of Central Vigilance Commission (CVC) (1964) affected UPSC role in disciplinary matters (both consulted). UPSC has edge (independent constitutional body) over CVC (executive resolution, statutory status 2003). | |
| CAG and Corporations | Auditing Role | - Role in auditing public corporations limited. - 3 categories of relationship: (i) Some corporations audited totally & directly by CAG. (ii) Some corporations audited by private professional auditors (appointed by Central Government in consultation with CAG). CAG can conduct supplementary audit. (iii) Some corporations totally subjected to private audit (CAG not involved). Submit annual reports/accounts directly to Parliament. - Role in auditing Government companies limited. Audited by private auditors (appointed by GoI on CAG advice). CAG can undertake supplementary/test audit. | |
| Appleby’s Criticism | Arguments Against CAG | - Paul H Appleby (American scholar of Public Administration), in 2 reports on Indian Administration, criticized CAG’s role & significance. - Suggested abolition of CAG office. - Points of criticism: 1. Function is inheritance from colonial rule. 2. Primary cause of widespread/paralyzing unwillingness to decide/act. Repressive/negative influence. 3. Parliament has exaggerated notion of auditing importance, failed to define functions. 4. Function not very important. Auditors don’t know good administration. Prestige highest with those ignorant of administration. 5. Auditors know auditing, not administration. Pedestrian function, narrow perspective, limited usefulness. 6. Deputy secretary knows more than CAG/staff about department problems. | |
| Challenges | Issues Identified | - Second Administrative Reforms Commission (2005-2009) identified challenges before external audit: 1. Detailed examination of audit paras in PAC barely 15-20 out of 1000-1500. Ministries take seriously only those discussed in PAC. 2. Action Taken Notes on undiscussed paras are formal, not substantive. 3. Huge pendency of Audit Paras in State PACs (10-20 years old). Delay reduces relevance. 4. Thousands of inspection reports with observations unattended in State/Union GoI departments. Revenue implications. No accountability for timely action. 5. Audit reports not timely (substantial time gap between irregularity & reporting). Post facto. Findings/recommendations too late for corrective action. Transaction audit comments relate to earlier years. 6. Audit findings based exclusively on documents/files. No physical verification. 7. External audit reports unduly negative, focus on irregularities/fault-finding. Don’t recognize practical constraints. Audit acts as dampener against new initiatives/risk taking. (a) Don’t discriminate between errors from bonafide intentions vs. malafide. (b) GoI agencies handicapped by unforeseen problems/delays. Auditors have hindsight benefit. 8. Audit Reports not always constructive. Don’t delve into causes/solutions. 9. Audit Committees (audit/GoI agencies representatives) functioning not satisfactory. 10. Lack of informed media coverage of CAG reports. 11. Poor public interface between auditors & civil society. Inspection reports not in public domain. 12. Inadequate synergy/coordination between external & internal audit. 13. Rarely audit of grants/loans to NGOs. | |
| 45. State Public Service Commission | Composition | Articles 315-323 (Part XIV) | - Parallel to UPSC at Centre. - Same set of Articles (315-323, Part XIV) deal with composition, appointment, removal of members, power, functions, independence. - Consists of Chairman & other members (number not specified, left to Governor’s discretion). - No qualifications prescribed for membership, except half members should have held office for 10 years (under GoI or state government). - Governor determines conditions of service of Chairman & members. - Governor authorized to make provisions for staff number & conditions of service. - Chairman & members hold office for 6 years or until 62 years (whichever earlier). (Originally 60 years, raised to 62 by 41st Amendment Act 1976). - Can resign to Governor. - Governor can appoint one member as acting chairman if office vacant or chairman unable to perform duties. Acting chairman functions until new chairman or chairman resumes. |
| Removal | Procedure | - Chairman/members appointed by Governor, but removed only by President (not Governor). - President can remove on same grounds & manner as UPSC Chairman/member: (a) Adjudged insolvent. (b) Engages in paid employment outside duties during term. (c) Unfit to continue in office by reason of infirmity of mind or body. - Also removed for misbehaviour. - If misbehaviour, President refers matter to Supreme Court for enquiry. - SC enquiry: upholds removal, President removes. SC advice binding. - During enquiry, Governor can suspend Chairman/member. - ‘Misbehaviour’: Chairman/member concerned/interested in contract/agreement made by GoI/state government, or participates in profit/benefit other than as member of incorporated company. - Supreme Court (1993) ruled appointment of university professor (blind) as SPSC member cannot be set aside on infirmity of body/mind. | |
| Independence | Safeguards | - Constitution made following provisions: (a) Security of tenure: Removed only in manner & grounds mentioned in Constitution. (b) Service conditions not varied to disadvantage after appointment. (c) Expenses charged on Consolidated Fund of State (salaries, allowances, pensions of Chairman/members/staff). Non-votable by state legislature. (d) Chairman not eligible for further GoI/state government employment after ceasing office. (e) Member eligible for UPSC Chairman or SPSC Chairman, but not other GoI/state government employment. (f) Chairman/member not eligible for reappointment to that office after first term. | |
| Functions | Roles | - Performs following functions for state services (like UPSC for Central services): (a) Conducts examinations for appointments to state services. (b) Consulted on following matters & advises: (i) Methods of recruitment to civil services & posts. (ii) Principles for appointments, promotions, transfers from one service to another. (iii) Suitability of candidates for appointments, promotions, transfers. (iv) Disciplinary matters (memorials, petitions). (v) Reimbursement of legal expenses incurred by civil servant. (vi) Award of pension for injuries sustained by civil servant. (vii) Any other matter referred by Governor. - Supreme Court: if state government fails to consult SPSC, aggrieved public servant has no court remedy. Irregularity in consultation or acting without consultation does not invalidate decision. Selection by SPSC does not confer right to post. State government acts fairly, without arbitrariness/malafides. - State legislature can confer additional functions relating to state services. Can place personnel system of any local authority/corporate body/public institution under SPSC jurisdiction. - Presents annual report to Governor. Governor places report before both Houses of state legislature (with memorandum explaining non-acceptance reasons). | |
| Limitations | Matters Excluded from Jurisdiction | - Matters kept outside functional jurisdiction (SPSC not consulted): (a) Reservations of appointments/posts for backward class citizens. (b) Claims of SCs/STs in appointments. - Governor can exclude posts/services/matters from SPSC purview. Constitution states Governor can make regulations specifying matters not requiring SPSC consultation. Regulations laid before state legislature. State legislature can amend/repeal. - Regulations known as SPSC (Exemption from Consultation) Regulations. - Emergence of State Vigilance Commission (SVC) affected SPSC role in disciplinary matters (both consulted). SPSC has edge (independent constitutional body) over SVC. - SPSC consulted by governor for judicial service appointments (other than district judges). Concerned state HC also consulted. | |
| Role | Watch-dog of Merit System | - Visualises SPSC as ‘watch-dog of merit system’ in state. - Concerned with recruitment to state services. - Advises government on promotion & disciplinary matters. - Not concerned with classification of services, pay/service conditions, cadre management, training. - These matters handled by Department of Personnel or General Administration Department. - SPSC is central recruiting agency in state; DoPT/GAD is central personnel agency. - Role limited, recommendations advisory, not binding. - State government can make rules regulating scope of advisory functions. | |
| Joint State Public Service Commission | Establishment & Features | - Constitution makes provision for JSPSC for 2+ states. - Unlike UPSC/SPSC (constitutional bodies), JSPSC created by Act of Parliament (on request of concerned state legislatures). Statutory, not constitutional. - Chairman & members appointed by President. - Hold office for 6 years or until 62 years (whichever earlier). - Can be suspended/removed by President. - Can resign to President. - Number of members & conditions of service determined by President. - Presents annual performance report to each concerned state governor. Governor places report before state legislature. - Articles Related to the SPSC in Table 45.1. | |
| 46. Finance Commission | Composition | Article 280 | - Article 280: provides for Finance Commission as quasi-judicial body. - Constituted by President every 5th year or earlier. - Till now, 15 Finance Commissions constituted. - Names, constitution years, reports, chairmen in Table 46.1. - Consists of Chairman & 4 other members (appointed by President). - Hold office for period specified by President. - Eligible for reappointment. - Constitution authorizes Parliament to determine qualifications & selection manner. - Finance Commission Act (1951) specified qualifications: 1. Chairman: person with experience in public affairs. 2. Members: selected from: (a) Judge of HC or qualified to be one. (b) Person with specialized knowledge of finance & accounts of government. (c) Person with wide experience in financial matters & administration. (d) Person with special knowledge of economics. |
| Functions | Recommendations to President | - Required to make recommendations to President on: 1. Distribution of net proceeds of taxes (shared between Centre & states), & allocation of respective shares among states. 2. Principles governing grants-in-aid to states by Centre (from Consolidated Fund of India). 3. Measures to augment Consolidated Fund of State to supplement panchayat & municipality resources (based on state finance commission recommendations). (Added by 73rd & 74th Constitutional Amendment Acts 1992). 4. Any other matter referred by President in interests of sound finance. - Till 1960, also suggested grants to Assam, Bihar, Odisha, West Bengal in lieu of export duty on jute products (for 10 years). - Submits report to President. President lays before both Houses of Parliament (with explanatory memorandum on action taken). - Dr. P.V. Rajamannar: ‘Finance Commission is a constitutional body expected to be quasi-judicial, its recommendations should not be turned down… unless very compelling reasons’. - Constitution envisages FC as balancing wheel of fiscal federalism. - Till 2014, role undermined by erstwhile Planning Commission (non-constitutional/non-statutory). - Planning Commission replaced by NITI Aayog (2015). - Articles Related to Finance Commission in Table 46.2. | |
| Advisory Role | Nature of Recommendations | - Recommendations are advisory, not binding on government. - GoI can accept or reject. - D.D. Basu: ‘nowhere laid down… recommendations… binding… or give rise to legal right’. - Dr. P.V. Rajamannar: ‘Finance Commission is a constitutional body expected to be quasi-judicial, its recommendations should not be turned down… unless very compelling reasons’. - Overlapping functions & responsibilities between FC & erstwhile Planning Commission. | |
| 47. Goods and Services Tax Council | Establishment | 101st Amendment Act (2016) | - Paved way for GST. - Smooth/efficient administration requires Centre-state cooperation/coordination. - Amendment provided for establishment of Goods and Services Tax Council (GST Council). - Inserted new Article 279-A in Constitution. - President constituted Council by order in 2016. - Secretariat in New Delhi. - Union Revenue Secretary acts as ex-officio Secretary to Council. - First constitutional federal body vested with powers to take major decisions on GST. |
| Vision and Mission | Framework | - Guided by need for harmonized GST structure & national market for goods/services. - Determines procedure for functions. - Vision: Establish highest standards of cooperative federalism in functioning of Council. - Mission: Evolve by wider consultation, GST structure that is information technology-driven & user friendly. | |
| Composition | Members | - Joint forum of Centre & states. - Consists of: (a) Union Finance Minister (Chairperson). (b) Union Minister of State in-charge of Revenue or Finance. (c) Minister in-charge of Finance or Taxation or other minister nominated by each state government. - Members from states choose one as Vice-Chairperson. - Chairman of Central Board of Indirect Taxes and Customs (CBIC) is permanent invitee (non-voting). | |
| Working | Decision Making | - Decisions taken at meetings. - Quorum: 1/2 of total members. - Decision by majority of not less than 3/4 of weighted votes. - Weighted votes: Centre’s vote 1/3 of total; states’ votes 2/3 of total. - Act/proceedings not invalid due to vacancy, defect in appointment, procedural irregularity not affecting merits. | |
| Functions | Recommendations | - Required to make recommendations to Centre & states on: (a) Taxes, cesses, surcharges levied by Centre, states, local bodies that would merge in GST. (b) Goods & services subject to/exempted from GST. (c) Model GST Laws, levy principles, apportionment of GST on inter-state trade/commerce, principles governing place of supply. (d) Threshold turnover limit for exemption. (e) Rates (floor rates, bands). (f) Special rate/rates for specified period to raise additional resources (natural calamity/disaster). (g) Special provision for states of Arunachal Pradesh, Assam, J&K, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh, Uttarakhand. (h) Any other matter Council decides. - Other functions: 1. Recommend date for GST levy on petroleum crude, high speed diesel, motor spirit, natural gas, aviation turbine fuel. 2. Establish mechanism to adjudicate disputes on recommendations/implementation (between Centre & 1+ states; Centre & state(s) on one side, 1+ states on other; 2+ states). 3. Recommend compensation to states for revenue loss from GST (for 5 years). Parliament enacted Goods and Services Tax (Compensation to States) Act, 2017. - J&K Reorganisation Act, 2019: bifurcated J&K state into 2 UTs. | |
| 48. National Commission for SCs | Evolution | Article 338 | - Constitutional body (directly established by Art 338). - Other national commissions (Women, Minorities, Human Rights, Child Rights) are statutory bodies. - Originally, Art 338 provided for Special Officer for Scheduled Castes (SCs) & Scheduled Tribes (STs) to investigate constitutional safeguards & report to President. - 1978: GoI set up non-statutory multi-member Commission for SCs & STs (Special Officer continued). - 1987: GoI modified functions, renamed National Commission for SCs & STs (National Level Advisory Body). - 65th Constitutional Amendment Act (1990) (effective 1992): provided for high level multi-member National Commission for SCs & STs (replaced Special Officer & 1978 Commission). - 89th Constitutional Amendment Act (2003) (effective 2004): bifurcated combined Commission into 2 separate bodies: National Commission for SCs (Art 338) & National Commission for STs (Art 338-A). - Separate National Commission for SCs came into existence 2004. - Consists of: Chairperson, Vice-Chairperson, 3 other members. - Appointed by President by warrant under hand & seal. - Conditions of service & tenure determined by President. - Under Rules (2004): hold office for 3 years. - Not eligible for appointment for >2 terms. |
| Functions | Roles | - Functions: (a) Investigate & monitor all matters relating to constitutional/legal safeguards for SCs, evaluate working. (b) Inquire into specific complaints on deprivation of rights/safeguards. (c) Participate & advise on socio-economic development of SCs, evaluate progress (Union/state). (d) Present annual/other reports to President on safeguards working. (e) Make recommendations on measures for effective implementation of safeguards, protection, welfare, socio-economic development. (f) Discharge other functions related to protection, welfare, advancement of SCs (as President specifies). - Central/state governments must consult Commission on major policy matters affecting SCs. - Also discharges similar functions for Anglo-Indian Community (Art 338, Clause 10: references to SCs include Anglo-Indian Community). | |
| Report | Submission | - Presents annual report to President. Can submit other reports. - President places reports before Parliament (with memorandum explaining action taken & non-acceptance reasons). - President forwards state-related reports to state governor. Governor places report before state legislature (with memorandum). | |
| Powers | Civil Court Powers | - Vested with power to regulate own procedure. - While investigating/inquiring, has all powers of a civil court trying a suit for: (a) Summoning & enforcing attendance of any person from India, examining on oath. (b) Requiring discovery & production of any document. (c) Receiving evidence on affidavits. (d) Requisitioning any public record from court/office. (e) Issuing summons for examination of witnesses & documents. (f) Any other matter President determines. - Central/state governments must consult Commission on major policy matters affecting SCs. - Discharged similar functions for OBCs till 2018. Relieved by 102nd Amendment Act (2018) (for preparation/maintenance of OBC list for own purposes). | |
| 49. National Commission for STs | Separate Commission for STs | Establishment | - Constitutional body (directly established by Article 338-A). - National Commission for SCs & STs came into being after 65th Constitutional Amendment Act (1990). - Established under Art 338 to monitor safeguards for SCs/STs. - Geographically & culturally, STs different from SCs. - 1999: new Ministry of Tribal Affairs created for ST welfare/development. - Felt necessary to set up separate National Commission for STs for effective safeguarding. - Done by 89th Constitutional Amendment Act (2003) (effective 2004). Amended Art 338, inserted new Art 338-A. - Separate National Commission for STs came into existence 2004. - Consists of: Chairperson, Vice-Chairperson, 3 other members. - Appointed by President by warrant under hand & seal. - Conditions of service & tenure determined by President. - Under Rules (2004): hold office for 3 years. - Not eligible for appointment for >2 terms. |
| Functions | Roles | - Functions: (a) Investigate & monitor all matters relating to constitutional/legal safeguards for STs, evaluate working. (b) Inquire into specific complaints on deprivation of rights/safeguards. (c) Participate & advise on socio-economic development of STs, evaluate progress (Union/state). (d) Present annual/other reports to President on safeguards working. (e) Make recommendations on measures for effective implementation of safeguards, protection, welfare, socio-economic development. (f) Discharge other functions related to protection, welfare, advancement of STs (as President specifies). - Central/state governments must consult Commission on major policy matters affecting STs. | |
| Other Functions | Specified by President (2005) | - President specified following other functions (2005) related to protection, welfare, advancement of STs: (i) Measures for conferring ownership rights of minor forest produce to STs. (ii) Measures for safeguarding tribal communities’ rights over mineral resources, water resources. (iii) Measures for tribal development, viable livelihood strategies. (iv) Measures for improving efficacy of relief/rehabilitation for displaced tribal groups. (v) Measures to prevent alienation of tribal land, effectively rehabilitate. (vi) Measures to elicit maximum cooperation/involvement of tribal communities for protecting forests, social afforestation. (vii) Measures to ensure full implementation of PESA Act (1996). (viii) Measures to reduce/eliminate shifting cultivation by tribals. | |
| Report | Submission | - Presents annual report to President. Can submit other reports. - President places reports before Parliament (with memorandum explaining action taken & non-acceptance reasons). - President forwards state-related reports to state governor. Governor places report before state legislature (with memorandum). | |
| Powers | Civil Court Powers | - Vested with power to regulate own procedure. - While investigating/inquiring, has all powers of a civil court trying a suit for: (a) Summoning & enforcing attendance of any person from India, examining on oath. (b) Requiring discovery & production of any document. (c) Receiving evidence on affidavits. (d) Requisitioning any public record from court/office. (e) Issuing summons for examination of witnesses & documents. (f) Any other matter President determines. - Central/state governments must consult Commission on major policy matters affecting STs. | |
| 50. National Commission for BCs | Establishment | Evolution | - Mandal case (1992): SC directed Central government to constitute permanent statutory body to examine complaints of under-inclusion, over-inclusion, non-inclusion of citizens in backward classes list. - National Commission for Backward Classes (NCBC) set up 1993 (by Act of Parliament). - Later, 102nd Amendment Act (2018) conferred constitutional status on Commission. Inserted new Article 338-B. - NCBC ceased to be statutory, became constitutional. - Scope of functions enlarged. - At par with National Commission for SCs (NCSC) & National Commission for STs (NCST). - Consists of: Chairperson, Vice-Chairperson, 3 other members. - Appointed by President by warrant under hand & seal. - Conditions of service & tenure determined by President. - Under Rules (2018): hold office for 3 years. - Not eligible for appointment for >2 terms. |
| Functions | Roles | - Functions: (a) Investigate & monitor all matters relating to constitutional/legal safeguards for socially & educationally backward classes, evaluate working. (b) Inquire into specific complaints on deprivation of rights/safeguards. (c) Participate & advise on socio-economic development of socially & educationally backward classes, evaluate progress (Union/state). (d) Present annual/other reports to President on safeguards working. - Central/state governments must consult Commission on major policy matters affecting socially & educationally backward classes. - 105th Amendment Act (2021) exempted state governments from consulting NCBC for preparation/maintenance of OBC list for own purposes. | |
| Report | Submission | - Presents annual report to President. Can submit other reports. - President places reports before Parliament (with memorandum explaining action taken & non-acceptance reasons). - President forwards state-related reports to state government (not state governor). State government places report before state legislature (with memorandum). | |
| Powers | Civil Court Powers | - Vested with power to regulate own procedure. - While investigating/inquiring, has all powers of a civil court trying a suit for: (a) Summoning & enforcing attendance of any person from India, examining on oath. (b) Requiring discovery & production of any document. (c) Receiving evidence on affidavits. (d) Requisitioning any public record from court/office. (e) Issuing summons for examination of witnesses & documents. (f) Any other matter President determines. - Central/state governments must consult Commission on major policy matters affecting socially & educationally backward classes. - 105th Amendment Act (2021) exempted state governments from consulting NCBC for preparation/maintenance of OBC list for own purposes. | |
| 51. Special Officer for Linguistic Minorities | Constitutional Provisions | Article 350-B (Part XVII) | - Originally, Constitution had no provision for Special Officer for Linguistic Minorities. - States Reorganisation Commission (1953-55) recommended. - 7th Constitutional Amendment Act (1956) inserted new Article 350-B in Part XVII. - Provisions: 1. There should be a Special Officer for Linguistic Minorities (appointed by President). 2. Duty: investigate all matters relating to safeguards for linguistic minorities under Constitution. Report to President at intervals. President places reports before Parliament & sends to state governments. - Constitution does not specify qualifications, tenure, salaries/allowances, service conditions, removal procedure. |
| Commissioner for Linguistic Minorities | Establishment & Structure | - In pursuance of Art 350-B, office created 1957. - Designated Commissioner for Linguistic Minorities (CLM). - Headquarters in New Delhi (shifted from Allahabad to New Delhi in 2015). - 3 regional offices: Belgaum (Karnataka), Chennai (Tamil Nadu), Kolkata (West Bengal). Each headed by Assistant Commissioner. - CLM assisted by Deputy Commissioner & Assistant Commissioner at headquarters. - Maintains liaison with State Governments & UTs through nodal officers. - Falls under Ministry of Minority Affairs. - Submits annual/other reports to President through Union Minority Affairs Minister. | |
| Role | Functions | - CLM interacts with States/UTs on matters pertaining to implementation of Constitutional & Nationally Agreed Safeguards for linguistic minorities. - Takes up matters brought to notice by linguistic minority individuals/groups/associations/organizations. - Personally visits linguistic minority areas & educational institutions for on-the-spot assessment of implementation status. - Holds discussions with Chief Ministers, Governors, Chief Secretaries, Principal Secretaries (Education), Principal Secretaries of relevant Departments. - Functions (in more detail): 1. Investigate all matters related to safeguards. 2. Submit reports to President on implementation status. 3. Monitor implementation through questionnaires, visits, conferences, seminars, meetings, review mechanism. - Objectives: 1. Provide equal opportunities to linguistic minorities for inclusive development & national integration. 2. Spread awareness about safeguards. 3. Ensure effective implementation of safeguards. 4. Handle representations for redressal of grievances. | |
| Vision and Mission | Framework | - Vision: Streamlining & strengthening implementation machinery/mechanism for effective implementation of Constitutional safeguards for Linguistic Minorities, ensuring protection of rights, providing equal opportunities for inclusive/integrated development. - Mission: Ensure all states/UTs effectively implement Constitutional safeguards. | |
| 52. Comptroller and Auditor General of India | Appointment and Term | Article 148 | - Article 148: provides for independent office of Comptroller and Auditor General of India (CAG). - Head of Indian Audit and Accounts Department. - Guardian of public purse, controls entire financial system (Centre & state). - Upholds Constitution & Parliament laws in financial administration. - Dr. B.R. Ambedkar: ‘most important Officer under the Constitution of India’. - One of bulwarks of democratic system (others: SC, EC, UPSC). - Appointed by President by warrant under hand & seal. - Before office, makes oath/affirmation. - Swears to: bear true faith/allegiance to Constitution; uphold sovereignty/integrity; duly/faithfully perform duties (without fear/favor/affection/ill will); uphold Constitution & laws. - Holds office for 6 years or until 65 years (whichever earlier). (CAG’s (Duties, Powers and Conditions of Service) Act, 1971). - Can resign to President. - Can be removed by President on same grounds & manner as SC judge (resolution by both Houses with special majority, proved misbehaviour/incapacity). |
| Independence | Safeguards | - Constitution made following provisions to safeguard/ensure independence: 1. Security of tenure: Removed only in manner & grounds mentioned in Constitution. Does not hold office during President’s pleasure. 2. Not eligible for further office (under GoI or state government) after ceasing office. 3. Salary & service conditions determined by Parliament. Cannot be changed to disadvantage after appointment. 4. Expenses charged on Consolidated Fund of India (salaries, allowances, pensions of CAG & staff). Non-votable by Parliament. 5. Conduct of CAG not discussed in Parliament/state legislature (except impeachment motion). 6. Powers & functions of CAG prescribed by Parliament (CAG’s (Duties, Powers and Conditions of Service) Act, 1971). 7. Administrative powers of CAG’s office & conditions of service of persons serving determined by President (after consulting CAG). 8. Indian Audit and Accounts Department personnel not eligible for GoI/state government employment after retirement. - Paul H Appleby criticized CAG’s role. | |
| Duties and Powers | Article 149 | - Article 149: Parliament prescribes duties & powers in relation to accounts of Union, states, & other authority/body. - CAG’s (Duties, Powers and Conditions of Service) Act, 1971 enacted. - Duties & functions: 1. Audits accounts related to all expenditure from Consolidated Fund of India, each state, each UT with LA. 2. Audits all transactions related to Contingency Fund of India, Public Account of India, each state’s contingency fund & public account. 3. Audits all trading, manufacturing, profit/loss accounts, balance sheets, other subsidiary accounts kept by any department of Central/state governments. 4. Audits receipts & expenditure of all bodies/authorities substantially financed by Central/state revenues. 5. Audits accounts of all bodies/authorities receiving grants/loans from Central/state government for specific purposes. 6. Audits all receipts of Centre & states, ensures rules/procedures secure effective check on assessment, collection, proper allocation of revenue. 7. Audits accounts of all stores & stock kept in all offices/departments of Central/state governments. 8. Audits accounts of all Government Companies (Companies Act). 9. Audits accounts of all Corporations whose statutes provide for audit by him. 10. Audits accounts of any other body/authority when requested by President/Governor (e.g., local bodies). 11. Advises President on prescription of form for Centre/state accounts (Art 150). 12. Submits audit reports related to Centre accounts to President. President places before both Houses of Parliament (Art 151). 13. Submits audit reports related to state accounts to governor. Governor places before state legislature (Art 151). 14. Ascertains & certifies net proceeds of any tax/duty (Art 279). Certificate final. ‘Net proceeds’: proceeds minus collection cost. 15. Acts as guide, friend, philosopher of Public Accounts Committee of Parliament. 16. Compiles & maintains accounts of state governments (relieved of Central government accounts 1976). - Powers in audit duties: inspect any office/department; examine transactions; call for records/papers/documents; decide extent/manner of audit. - Can conduct propriety audit (discretionary) (look into ‘wisdom, faithfulness and economy’ of expenditure, comment on wastefulness/extravagance). - Ministry of Finance (2006) clarified performance audit falls within CAG scope. Performance audit: economy, efficiency, effectiveness in receipt/application of public funds. Comprehensive appraisal of development programs. Assess achievement of objectives, discharge of financial responsibilities, economic execution of operations. - More freedom for expenditure audit than receipts/stores/stock audit. - Secret service expenditure: limitation on auditing role. Cannot call for particulars, accepts certificate from authority. | |
| Role | Watch-dog of Merit System | - Visualises CAG as ‘watch-dog of merit system’ in India. - Concerned with recruitment to All-India Services & Central Services (Group A & B). - Advises government on promotion & disciplinary matters. - Not concerned with classification of services, pay/service conditions, cadre management, training. - These matters handled by Department of Personnel & Training (one of 3 departments of Ministry of Personnel, Public Grievances and Pensions). - UPSC is central recruiting agency; DoPT is central personnel agency. - Role limited, recommendations advisory, not binding. - GoI can make rules regulating scope of advisory functions. - Emergence of Central Vigilance Commission (CVC) (1964) affected UPSC role in disciplinary matters (both consulted). UPSC has edge (independent constitutional body) over CVC (executive resolution, statutory status 2003). | |
| Paul H Appleby’s Criticism | Arguments Against CAG | - Paul H Appleby (American scholar of Public Administration), in 2 reports on Indian Administration, criticized CAG’s role & significance. - Suggested abolition of CAG office. - Points of criticism: 1. Function is inheritance from colonial rule. 2. Primary cause of widespread/paralyzing unwillingness to decide/act. Repressive/negative influence. 3. Parliament has exaggerated notion of auditing importance, failed to define functions. 4. Function not very important. Auditors don’t know good administration. Prestige highest with those ignorant of administration. 5. Auditors know auditing, not administration. Pedestrian function, narrow perspective, limited usefulness. 6. Deputy secretary knows more than CAG/staff about department problems. | |
| Challenges | Issues Identified | - Second Administrative Reforms Commission (2005-2009) identified challenges before external audit: 1. Detailed examination of audit paras in PAC barely 15-20 out of 1000-1500. Ministries take seriously only those discussed in PAC. 2. Action Taken Notes on undiscussed paras are formal, not substantive. 3. Huge pendency of Audit Paras in State PACs (10-20 years old). Delay reduces relevance. 4. Thousands of inspection reports with observations unattended in State/Union GoI departments. Revenue implications. No accountability for timely action. 5. Audit reports not timely (substantial time gap between irregularity & reporting). Post facto. Findings/recommendations too late for corrective action. Transaction audit comments relate to earlier years. 6. Audit findings based exclusively on documents/files. No physical verification. 7. External audit reports unduly negative, focus on irregularities/fault-finding. Don’t recognize practical constraints. Audit acts as dampener against new initiatives/risk taking. (a) Don’t discriminate between errors from bonafide intentions vs. malafide. (b) GoI agencies handicapped by unforeseen problems/delays. Auditors have hindsight benefit. 8. Audit Reports not always constructive. Don’t delve into causes/solutions. 9. Audit Committees (audit/GoI agencies representatives) functioning not satisfactory. 10. Lack of informed media coverage of CAG reports. 11. Poor public interface between auditors & civil society. Inspection reports not in public domain. 12. Inadequate synergy/coordination between external & internal audit. 13. Rarely audit of grants/loans to NGOs. | |
| 53. Attorney General of India | Appointment and Term | Article 76 | - Article 76: provides for independent office of AG. - Highest law officer in country. - Appointed by President. - Qualifications: qualified to be SC judge (citizen of India, HC judge for 5 years or HC advocate for 10 years or eminent jurist). - Term of office not fixed by Constitution. - Constitution does not contain procedure/grounds for removal. - Holds office during pleasure of the President. - Can be removed by President any time. - Can quit by resigning to President. - Conventionally, resigns when government (council of ministers) resigns or is replaced (appointed on its advice). - Remuneration not fixed by Constitution. Receives remuneration determined by President. |
| Duties and Functions | Chief Law Officer | - Duties as chief law officer of GoI: 1. Advise GoI on legal matters referred by President. 2. Perform other legal duties assigned by President. 3. Discharge functions conferred by Constitution or other law. - President assigned following duties: 1. Appear on behalf of GoI in all SC cases where GoI concerned. 2. Represent GoI in any reference made by President to SC (Art 143). 3. Appear (when required by GoI) in any HC case where GoI concerned. - Solicitor General of India & Additional Solicitor General: other law officers. Assist AG. Office of SG/ASG not created by Constitution (Art 76 does not mention). - AG not member of Central cabinet. Separate law minister. | |
| Rights and Limitations | Privileges | - In performance of official duties, has right of audience in all courts in India. - Right to speak & take part in proceedings of both Houses of Parliament, joint sitting, any committee (without voting right). - Enjoys all privileges & immunities available to MP. - Limitations (to avoid complication/conflict of duty): 1. Not advise/hold brief against GoI. 2. Not advise/hold brief in cases where called to advise/appear for GoI. 3. Not defend accused in criminal prosecutions without GoI permission. 4. Not accept appointment as director in company/corporation without GoI permission. 5. Not advise any ministry/department/statutory organization/public sector undertaking unless proposal/reference received through Ministry of Law & Justice, Department of Legal Affairs. - Not full-time counsel for GoI. Not government servant. - Not debarred from private legal practice. - Articles Related to Attorney-General of India in Table 53.1. | |
| 54. Advocate General of the State | Appointment and Term | Article 165 | - Article 165: provides for office of AG for states. - Highest law officer in state. Corresponds to AG of India. - Appointed by Governor. - Qualifications: qualified to be HC judge (judicial office for 10 years or HC advocate for 10 years). (Unlike SC judge, no eminent jurist provision). - Term of office not fixed by Constitution. - Constitution does not contain procedure/grounds for removal. - Holds office during pleasure of the Governor. - Can be removed by Governor any time. - Can quit by resigning to Governor. - Conventionally, resigns when government (council of ministers) resigns or is replaced (appointed on its advice). - Remuneration not fixed by Constitution. Receives remuneration determined by Governor. |
| Duties and Rights | Chief Law Officer | - Duties as chief law officer of state government: 1. Advise state government on legal matters referred by Governor. 2. Perform other legal duties assigned by Governor. 3. Discharge functions conferred by Constitution or other law. - Has right to speak & take part in proceedings of both Houses of state legislature, any committee (without voting right). - Enjoys all privileges & immunities available to MLA/MLC. - Articles Related to Advocate-General of the state in Table 54.1. | |
| 55. Constitutional Prescriptions | Compositions | Institutions/Bodies | - Constitutional Prescriptions with Respect to Compositions in Table 55.1. - Constitutional Prescriptions with Respect to Compositions in Table 55.2. |
| Appointments | Functionaries/Bodies | - Constitutional Prescriptions with Respect to Appointments in Table 55.2. | |
| Age | Prescribed Age | - Constitutional Prescriptions with Respect to Age in Table 55.3. | |
| Oaths | Oath Administered by (or) Made and Subscribed Before | - Constitutional Prescriptions with Respect to Oaths in Table 55.4. | |
| Term | Term/Duration | - Constitutional Prescriptions with Respect to Term in Table 55.5. | |
| Salaries | Salary Determined by | - Constitutional Prescriptions with Respect to Salaries in Table 55.6. | |
| Resignations | Resignation Submitted to | - Constitutional Prescriptions with Respect to Resignations in Table 55.7. | |
| Removals and Dissolutions | Removed by/Dissolved by | - Constitutional Prescriptions with Respect to Removals/Dissolutions in Table 55.8. | |
| Submission of Reports | Report Submitted to | - Constitutional Prescriptions with Respect to Submission of Reports in Table 55.9. | |
| 56. NITI Aayog | Establishment | Successor to Planning Commission | - Modi Government scrapped 65-year-old Planning Commission on Aug 13, 2014. - Announced replacement by new body. - NITI Aayog (National Institution for Transforming India) established Jan 1, 2015. - Created by executive resolution of GoI (Union Cabinet). - Neither constitutional nor statutory body. - Premier policy ‘Think Tank’ of GoI. - Provides directional & policy inputs. - Designs strategic & long-term policies/programs. - Provides relevant technical advice to Centre & States. - Replaced centre-to-state one-way policy flow with genuine/continuing partnership of states. - Paradigmatic shift from command/control approach. - Accommodates diverse viewpoints in collaborative setting. - Policy thinking shaped by ‘bottom-up’ approach. |
| Rationale | Reasons for Replacement | - Union Government explained reasons for replacing Planning Commission: 1. India underwent paradigm shift (political, economic, social, technological, demographic) over 6 decades. Government role in national development evolved. 2. New institution (NITI Aayog) is catalyst for developmental process; nurtures overall enabling environment; holistic approach beyond Public Sector/GoI. - Built on foundations of: empowered role of States as equal partners (operationalizing Cooperative Federalism); knowledge hub (internal/external resources, good governance repository, Think Tank, strategic expertise); collaborative platform (facilitating implementation, monitoring progress, plugging gaps, bringing ministries together). - Arun Jaitley (then Union FM): ‘65-year-old Planning Commission redundant… relevant in command economy structure, not any longer’. ‘India diversified… states in various phases of economic development… ‘one-size-fits-all’ approach obsolete’. - Resolution: institution must adhere to tenet of incorporating positive influences from world, but no single model transplanted. Find own strategy for growth. Focus on what works for India. ‘Bharatiya approach’. | |
| Composition | Structure | - Composition: (a) Chairperson: Prime Minister of India. (b) Governing Council: Chief Ministers of all States, Chief Ministers of UTs with Legislatures (Delhi, Puducherry, J&K), Lt. Governors of other UTs. (c) Regional Councils: Formed to address specific issues/contingencies impacting >1 state/region. Formed for specified tenure. Convened by PM. Comprises CMs of States & LGs of UTs in region. Chaired by NITI Aayog Chairperson or nominee. (d) Special Invitees: Experts, specialists, practitioners with relevant domain knowledge (nominated by PM). (e) Full-time Organisational Framework: (i) Vice-Chairperson: Appointed by PM. Enjoys Cabinet Minister rank. (ii) Full-time Members: Enjoy Minister of State rank. (iii) Part-time Members: Max 2, from leading universities, research organizations, other relevant institutions (ex-officio capacity). On rotation. (iv) Ex-Officio Members: Max 4 members of Union Council of Ministers (nominated by PM). (v) Chief Executive Officer (CEO): Appointed by PM for fixed tenure, in rank of GoI Secretary. (vi) Secretariat: As deemed necessary. | |
| Objectives | Goals | - 13 objectives: 1. Evolve shared vision of national development priorities, sectors, strategies with active involvement of States. 2. Foster cooperative federalism through structured support initiatives/mechanisms with States (strong States make strong nation). 3. Develop mechanisms to formulate credible plans at village level, aggregate progressively at higher levels. 4. Ensure national security interests incorporated in economic strategy/policy. 5. Pay special attention to sections at risk of not benefitting from economic progress. 6. Design strategic/long-term policy/programme frameworks, monitor progress/efficacy. Use lessons for innovative improvements/mid-course corrections. 7. Provide advice, encourage partnerships between key stakeholders, national/international think tanks, educational/policy research institutions. 8. Create knowledge, innovation, entrepreneurial support system through collaborative community of experts/practitioners. 9. Offer platform for resolution of inter-sectoral/inter-departmental issues to accelerate development agenda. 10. Maintain State-of-the-Art Resource Centre (repository of good governance research/best practices), help dissemination. 11. Actively monitor/evaluate implementation of programs/initiatives, identify needed resources, strengthen success probability/scope. 12. Focus on technology upgradation/capacity building for programs/initiatives. 13. Undertake other necessary activities to further national development agenda/objectives. | |
| Functions | Two Main Hubs | - Entire gamut of activities divided into 2 main hubs: Team India & Knowledge and Innovation. - Team India Hub: fosters cooperative federalism, designs policy/programme frameworks. Provides coordination/support in NITI Aayog’s engagement with States. - Knowledge and Innovation Hub: maintains state-of-the-art resource centre, repository of good governance research/best practices, provides advice, encourages partnerships. - Functions performed by NITI Aayog divided into 4 main heads: Policy & programme framework, Co-operative & competitive federalism, Monitoring & evaluation, Think-tank/Knowledge & Innovation Hub. - Different verticals/cells of NITI Aayog responsible for sectoral issues/priorities: 1. Administration & Support Units. 2. Agriculture & Allied Sectors. 3. Aspirational Districts Programme Cell. 4. Communication & Social Media Cell. 5. Data Management & Analysis, Frontier Technologies. 6. Economics & Finance Cell. 7. Education. 8. Governance & Research. 9. Governing Council Secretariat & Coordination. 10. Industry-I. 11. Industry-II. 12. Infrastructure-Connectivity. 13. Infrastructure-Energy. 14. Micro, Small & Medium Enterprises. 15. Natural Resources & Environment, Island Development. 16. Project Appraisal & Management Division. 17. Public-Private Partnership. 18. Rural Development. 19. Science & Technology. 20. Social Justice & Empowerment, Voluntary Action Cell. 21. Social Sector-I (Skill Development, Labour & Employment, Urban Development). 22. Social Sector-II (Health & Nutrition, Women & Child Development). 23. State Finances & Coordination. 24. Sustainable Development Goals. 25. Water & Land Resources. | |
| Guiding Principles | Seven Pillars | - Guided by 7 principles: 1. Antyodaya: Prioritize service & uplift of poor, marginalized, downtrodden. 2. Inclusion: Empower vulnerable/marginalized sections, redress identity-based inequalities (gender, region, religion, caste, class). 3. Village: Integrate villages into development, draw on ethos/culture/sustenance. 4. Demographic dividend: Harness greatest asset (people) by focusing on development (education, skilling), empowerment, productive livelihood. 5. People’s Participation: Transform developmental process into people-driven one, making awakened/participative citizenry. 6. Governance: Nurture open, transparent, accountable, pro-active, purposeful style; transition from Outlay to Output to Outcome. 7. Sustainability: Maintain sustainability at core of planning/development, building on respect for environment. | |
| Cooperative Federalism | Promotion | - NITI Aayog constituted to actualize cooperative federalism & good governance. - Premise: strong states make strong nation. - Acts as quintessential platform for GoI, bringing States together as ‘Team India’. - Steps taken to foster cooperative federalism: 1. Meetings between PM/Cabinet Ministers & CMs. 2. Subgroups of CMs on national importance subjects. 3. Sharing of best practices. 4. Policy support & capacity development of State/UT functionaries. 5. Launching of Aspirational Districts Programme. 6. Theme-based extensive engagements in various sectors. 7. Framing model laws for land leasing & agriculture marketing reforms. 8. Area-specific interventions for North-Eastern & Himalayan States/island development. - Provides relevant technical advice to Centre/States/UTs. - Established models/programs for infrastructure development, private-public partnership (Centre-state partnership model Development Support Services to States and Union Territories (DSSS)), Sustainable Action for Transforming Human Capital (SATH) programme. | |
| Competitive Federalism | Promotion | - NITI Aayog endeavors to promote competitive federalism by facilitating improved performance of States/UTs. - Encourages healthy competition among states through transparent rankings. - Launched indices: School Education Quality Index, State Health Index, Composite Water Management Index, Sustainable Development Goals Index, India Innovation Index, Export Competitiveness Index. - Releases delta rankings for Aspirational Districts performance. - Ranking encourages states/districts to improve performance. | |
| Autonomous and Attached Bodies | Supporting Bodies | - NITI Aayog supported by: 1. National Institute of Labour Economics Research and Development (NILERD): autonomous body. 2. Development Monitoring and Evaluation Office (DMEO): attached office. - NILERD: formerly Institute of Applied Manpower Research (IAMR). Central autonomous organization. Objectives: research, data collection, education, training in human capital planning/resource development, monitoring/evaluation. Established 1962 (Societies Registration Act 1860). Functions as clearing house of ideas, policy research. Renamed 2014. Funded by NITI Aayog (formerly Planning Commission), supplemented by revenue from contracted projects/education/training. Moved to Narela campus (2002). - DMEO: need for efficient/independent evaluation mechanism recognized. Programme Evaluation Organization established 1952 (GoI) for objective impact evaluation. Independent Evaluation Office established 2010. DMEO established 2015 (merged PEO & IEO) as attached office of NITI Aayog. - Apex monitoring/evaluation office. Supports GoI to achieve development agenda through monitoring/evaluation of policies/programs. Since 2015, aims for rigorous, data-driven, citizen-centric, outcome-driven program management/policymaking. - Mandate: monitor progress/efficacy of strategic/long-term policy/program frameworks (help innovative improvements, mid-course corrections); actively monitor/evaluate implementation of programs/initiatives (identify needed resources, strengthen success/scope). - Expands to technical advisory to States. | |
| Erstwhile Planning Commission | Establishment & Functions | - Established March 1950 by executive resolution of GoI (Union Cabinet). - Recommended by Advisory Planning Board (1946) (K.C. Neogi chairman). - Neither constitutional nor statutory body. - Supreme organ of planning for social & economic development. - Functions: 1. Assess material, capital, human resources; investigate augmentation possibilities. 2. Formulate plan for effective/balanced resource utilization. 3. Determine priorities, define plan stages. 4. Indicate factors retarding economic development. 5. Determine machinery for successful plan implementation. 6. Appraise progress, recommend adjustments. 7. Make recommendations for facilitating duties, or on matters referred by Central/state governments. - Staff agency only, advisory body. No executive responsibility. Not responsible for taking/implementing decisions. - Responsibility rested with Central & State Governments. |
| Chapter | Topic | Subtopic | Content |
|---|---|---|---|
| 56. NITI Aayog | Erstwhile Planning Commission | ||
| Composition | - Prime Minister of India was chairman, presided over meetings. - Had deputy chairman (de facto executive head). - Some Central Ministers appointed part-time members. - Had 4-7 full-time expert members.<br;- Had member-secretary. - State governments not represented. - Wholly Centre-constituted body. | ||
| Critical Evaluation | - Originally staff agency with advisory role. - Over time, emerged as powerful/directive authority. - Recommendations considered by Union & states. - Critics described it as: ‘Super Cabinet’, ‘Economic Cabinet’, ‘Parallel Cabinet’, ‘Fifth Wheel of the Coach’. - Observations on domineering role: 1. First Administrative Reforms Commission (ARC): ‘Planning Commission has… earned reputation of being a Parallel Cabinet and sometimes, a Super Cabinet’. 2. K. Santhanam: ‘Planning has superseded the federation and our country is functioning like a unitary system in many respects’. 3. P.V. Rajamannar: ‘overlapping of functions and responsibilities between the erstwhile Planning Commission and Finance Commission in federal fiscal transfers’. - National Development Council (NDC): GoI reported (2016) Modi government would abolish NDC & transfer powers to NITI Aayog (resolution not passed). Last meeting Dec 2012 (approved 12th Plan). - Established Aug 1952 by executive resolution (Advisory Planning Board recommendation). Neither constitutional nor statutory body. - Composition: PM (Chairman/head), all Union Cabinet Ministers (since 1967), CMs of all states, CMs/administrators of all UTs, Planning Commission members (now NITI Aayog). - Objectives: secure state cooperation in plan execution; strengthen/mobilize national efforts/resources; promote common economic policies; ensure balanced/rapid development. - Functions: prescribe guidelines for national Plan; consider national Plan (prepared by Planning Commission/NITI Aayog); assess resources, suggest augmentation; consider social/economic policy questions; review Plan working; recommend measures for aims/targets. | ||
| 57. National Human Rights Commission | Establishment | Protection of Human Rights Act, 1993 | - Statutory body (not constitutional). - Established 1993 under Protection of Human Rights Act, 1993. - Watchdog of human rights (rights relating to life, liberty, equality, dignity guaranteed by Constitution or international covenants, enforceable by courts). - ‘International covenants’: International Covenant on Civil & Political Rights, International Covenant on Economic, Social & Cultural Rights (adopted by UN Dec 1966). India acceded April 1979. - Specific objectives: (a) Strengthen institutional arrangements for human rights issues. (b) Look into excess allegations independently (underline government commitment). (c) Complement & strengthen existing efforts. |
| Composition | Multi-member Body | - Multi-member body: Chairperson + 5 members. - Chairperson: retired CJI or SC judge. - Members: serving/retired SC judge, serving/retired HC CJ, 3 persons (at least 1 woman) with human rights knowledge/practical experience. - Ex-officio members (7): Chairpersons of National Commission for Minorities, National Commission for SCs, National Commission for STs, National Commission for Women, National Commission for BCs, National Commission for Protection of Child Rights, Chief Commissioner for Persons with Disabilities. - Chairperson & members appointed by President on recommendations of 6-member committee: - PM (head). - Speaker of Lok Sabha. - Deputy Chairman of Rajya Sabha. - Leaders of Opposition in both Houses.<br; - Central Home Minister. - Sitting SC judge or sitting HC CJ can be appointed only after consulting CJI. - Hold office for 3 years or until 70 years (whichever earlier). - Eligible for reappointment. - Not eligible for further government employment (Central/state). - Chairperson & members appointed by President, but removed only by President (not Governor). | |
| Functions | Roles | - Functions: (a) Inquire into human rights violation or negligence by public servant (suo motu or on petition/court order). (b) Intervene in proceedings involving human rights violation pending before court. (c) Visit jails/detention places to study living conditions of inmates, make recommendations. (d) Review constitutional/legal safeguards for human rights protection, recommend measures for effective implementation. (e) Review factors (terrorism) inhibiting human rights enjoyment, recommend remedial measures. (f) Study treaties/international instruments on human rights, make recommendations for effective implementation. (g) Undertake/promote research in human rights field. (h) Spread human rights literacy, promote awareness of safeguards. (i) Encourage efforts of NGOs working in human rights field. (j) Undertake other necessary functions for human rights promotion. - Primary goal: protection & promotion of human rights. - Makes concerted efforts at enhancing awareness. - Receives full support from civil society/NGOs/activists/media. - Camp sittings & open hearings provide justice to victims. | |
| Working | Procedure | - Headquarters in Delhi. - Can establish offices in other places. - Vested with power to regulate own procedure. - Has all powers of a civil court. - Proceedings have judicial character. - Can call for information/report from Central/state governments or subordinate authority. - Has own investigating staff for human rights violations. Empowered to use services of any officer/investigation agency of Central/state government. - Established effective cooperation with NGOs. - Not empowered to inquire into matter after 1 year from violation date. - Can take following steps during/after inquiry: (a) Recommend to government/authority to make compensation/damages payment to victim. (b) Recommend to government/authority initiation of proceedings for prosecution or other action against guilty public servant. (c) Recommend to government/authority for grant of immediate interim relief to victim. (d) Approach SC/HC for necessary directions, orders, writs. | |
| Role | Recommendatory Nature | - Functions are mainly recommendatory. - No power to punish violators or award relief (monetary). - Recommendations not binding on government/authority. - Government must be informed about action taken within 1 month. - Justice V.S. Malimath (former member): ‘government cannot wash away the recommendations… commission is not powerless. It enjoys great material authority’. - Limited role, powers, jurisdiction for human rights violation by armed forces. - Can seek report from Central government, make recommendations. Central government informs action taken within 3 months. - Submits annual/special reports to Central government. Reports laid before Parliament (with memorandum explaining action taken & non-acceptance reasons). - For state government reports, forwards to state governor. Governor places report before state legislature (with memorandum). | |
| Problems | Constraints | - Commission itself identified various problems limiting effectiveness: 1. Administrative Constraints: Compliant with Paris Principles (infrastructure, funding, staff). Purpose of funding: independence. Commission wishes for financial autonomy to purchase vehicles (not delegated). 2. Financial Constraints: Receives grants-in-aid from GoI, Ministry of Home Affairs. Functions efficiently with financial independence. Wishes for financial autonomy to purchase vehicles. 3. Manpower Constraints: Never had full sanctioned strength. Due to voluminous complaints, engages retired government officers as consultants. Struggles to cope with victim expectations. Needs creation of posts for effective discharge of mandate. Shortage of experienced investigating officers affects spot enquiries. - Law Division (backbone) faces problems due to manpower shortage. - Supreme Court (2017) expressed concern over manpower shortage, directed GoI to remedy. | |
| Human Rights Courts | Establishment | - Protection of Human Rights Act (1993) provides for establishment of Human Rights Courts in every district. - For speedy trial of human rights violations. - State government sets up only with HC CJ concurrence. - State government specifies public prosecutor or appoints advocate (>7 years practice) as special public prosecutor. | |
| 2019 Amendment Act | Provisions | - Various provisions/features: 1. Provided person who has been SC judge also eligible to be Chairperson of NHRC (in addition to CJI). 2. Increased number of NHRC members (appointed from knowledge/experience in human rights) from 2 to 3 (at least 1 woman). 3. Made chairpersons of NCBC, NCPCR, Chief Commissioner for Persons with Disabilities as ex-officio members of NHRC. 4. Reduced term of chairperson & members of NHRC & SHRC from 5 to 3 years. 5. Provided person who has been HC judge also eligible to be Chairperson of SHRC (in addition to HC CJ). 6. Provided Central government can confer functions relating to human rights in UTs on SHRCs (except Delhi). Delhi functions dealt with by NHRC. 7. Provided Secretary-General of NHRC exercises all administrative & financial powers (except judicial functions, regulations); subject to chairperson control. 8. Provided Secretary of SHRC exercises all administrative & financial powers; subject to chairperson control. | |
| 58. State Human Rights Commission | Establishment | Protection of Human Rights Act, 1993 | - Protection of Human Rights Act, 1993 provides for creation of SHRCs. - SHRCs constituted by state government. - Can inquire into human rights violation only for subjects in State List (List-II) & Concurrent List (List-III) (Seventh Schedule). - Cannot inquire if case already inquired by NHRC or other Statutory Commission. - Central government can confer functions relating to human rights in UTs on SHRCs (except J&K, Ladakh). Delhi functions dealt with by NHRC. - Headquarters at place state government notifies. |
| Composition | Multi-member Body | - Multi-member body: Chairperson + 2 members. - Chairperson: retired HC CJ or HC judge. - Members: serving/retired HC judge, person with 7 years experience as District Judge, person with human rights knowledge/practical experience. - Chairperson & members appointed by Governor on recommendations of committee: - Chief Minister (head). - Speaker of Legislative Assembly. - State Home Minister. - Leader of Opposition in Legislative Assembly. - If state has Legislative Council: Chairman of LC & Leader of Opposition in LC also members of committee. - Sitting HC judge or sitting District Judge can be appointed only after consulting HC CJ. - Hold office for 3 years or until 70 years (whichever earlier). - Eligible for reappointment. - Not eligible for further government employment (state/Central). - Chairperson & members appointed by Governor, but removed only by President (not Governor). | |
| Functions | Roles | - Functions: (a) Inquire into human rights violation or negligence by public servant (suo motu or on petition/court order). (b) Intervene in proceedings involving human rights violation pending before court. (c) Visit jails/detention places to study living conditions of inmates, make recommendations. (d) Review constitutional/legal safeguards for human rights protection, recommend measures for effective implementation. (e) Review factors (terrorism) inhibiting human rights enjoyment, recommend remedial measures. (f) Undertake/promote research in human rights field. (g) Spread human rights literacy, promote awareness of safeguards. (h) Encourage efforts of NGOs working in human rights field. (i) Undertake other necessary functions for human rights promotion. | |
| Working | Procedure | - Vested with power to regulate own procedure. - Has all powers of a civil court. - Proceedings have judicial character. - Can call for information/report from state government or subordinate authority. - Not empowered to inquire into matter after 1 year from violation date. - Can take following steps during/after inquiry: (a) Recommend to state government/authority to make compensation/damages payment to victim. (b) Recommend to state government/authority initiation of proceedings for prosecution or other action against guilty public servant. (c) Recommend to state government/authority for grant of immediate interim relief to victim. (d) Approach SC/HC for necessary directions, orders, writs. | |
| Human Rights Courts | Establishment | - Protection of Human Rights Act (1993) provides for establishment of Human Rights Courts in every district. - For speedy trial of human rights violations. - State government sets up only with HC CJ concurrence. - State government specifies public prosecutor or appoints advocate (>7 years practice) as special public prosecutor. | |
| 2019 Amendment Act | Provisions | - Various provisions/features: 1. Provided person who has been SC judge also eligible to be Chairperson of NHRC (in addition to CJI). 2. Increased number of NHRC members (appointed from knowledge/experience in human rights) from 2 to 3 (at least 1 woman). 3. Made chairpersons of NCBC, NCPCR, Chief Commissioner for Persons with Disabilities as ex-officio members of NHRC. 4. Reduced term of chairperson & members of NHRC & SHRC from 5 to 3 years. 5. Provided person who has been HC judge also eligible to be Chairperson of SHRC (in addition to HC CJ). 6. Provided Central government can confer functions relating to human rights in UTs on SHRCs (except Delhi). Delhi functions dealt with by NHRC. 7. Provided Secretary-General of NHRC exercises all administrative & financial powers (except judicial functions, regulations); subject to chairperson control. 8. Provided Secretary of SHRC exercises all administrative & financial powers; subject to chairperson control. | |
| 59. National Commission for Women | Establishment | National Commission for Women Act, 1990 | - Committee on Status of Women in India (1974) recommended constitution of NCW. - Successive women-related committees/commissions/plans also recommended. - NCW constituted 1992 for protecting, promoting, safeguarding women’s interests/rights. - Autonomous statutory body (not constitutional). - Established under National Commission for Women Act, 1990 (effective Jan 31, 1992). - Ministry of Women and Child Development is nodal ministry (earlier Department under Ministry of Human Resource Development). - Wide mandate, covers all aspects of women’s development/empowerment. - Specific objectives: 1. Review constitutional/legal safeguards for women. 2. Recommend remedial legislative measures. 3. Facilitate redressal of grievances. 4. Advise government on all policy matters affecting women. |
| Composition | Multi-member Body | - Multi-member body: Chairperson + 5 members + member-secretary. - Chairperson: committed to women’s cause. - Members: 5 persons of ability, integrity, standing, experience in law/legislation, trade unionism, industry management, women’s voluntary organizations, administration, economic development, health, education, social welfare. At least 1 member from SCs, STs. - Member-secretary: expert in management/organizational structure/sociological movement; or officer of Union Civil Service/All-India Service; or holds civil post under Union. - All nominated by Central Government (Ministry of Women and Child Development). - Salaries, allowances, other service conditions prescribed by Central Government. - Hold office for 3 years. - Can relinquish office by addressing resignation to Central Government. - Central Government can remove chairperson/member (before term expiry) if: 1. Undischarged insolvent. 2. Convicted/sentenced for offence involving moral turpitude. 3. Declared of unsound mind by competent court. 4. Refuses to act or becomes incapable. 5. Absents from 3 consecutive meetings. 6. Abused official position (detrimental to minorities’ interests). | |
| Functions | Fourteen-point Mandate | - Functions: 1. Investigate & examine all matters relating to safeguards for women under Constitution/laws. 2. Present annual/other reports to Central Government on safeguards working. 3. Make recommendations for effective implementation of safeguards. 4. Review existing provisions of Constitution/laws affecting women, recommend amendments. 5. Take up cases of violation of Constitution/laws relating to women with authorities. 6. Look into complaints & take suo motu notice of matters relating to: (i) Deprivation of women’s rights. (ii) Non-implementation of laws enacted for women’s protection/equality/development. (iii) Non-compliance of policy decisions/instructions for mitigating hardships/welfare/relief. 7. Call for special studies/investigations into specific problems/situations (discrimination, atrocities), identify constraints, recommend strategies. 8. Undertake promotional/educational research to suggest ways for due representation of women, identify factors impeding advancement (lack of access to housing/basic services, support services, technologies, drudgery, occupational health hazards, productivity). 9. Participate & advise on planning process of socio-economic development of women. 10. Evaluate progress of women’s development under Union/state. 11. Inspect any jail, remand home, women’s institution, other place (under Central/state government or social organization) where women detained/lodged for treatment, reformation, protection. | |
| Powers | Civil Court Powers | - Vested with power to regulate own procedure. - Can appoint committees for special issues. - Can co-opt non-members to committees (attend meetings, participate, no voting right). - While investigating/inquiring, has all powers of a civil court trying a suit for: 1. Summoning & enforcing attendance of any person from India, examining on oath. 2. Requiring discovery & production of any document. 3. Receiving evidence on affidavits. 4. Requisitioning any public record from court/office. 5. Issuing summons for examination of witnesses & documents. 6. Any other matter prescribed by Central Government. - Central Government must consult Commission on major policy matters affecting women. | |
| Parivarik Mahila Lok Adalat | Concept & Objectives | - Commission evolved innovative concept. - Supplements efforts of District Legal Service Authority for redressal/speedy disposal of marriage/family affairs matters. - Functions on model of Lok Adalat. - Commission provides financial assistance to NGOs/State Women Commissions/State Legal Service Authority to organize. - Objectives: 1. Provide speedy & cost-free dispensation of justice to women. 2. Generate awareness among public regarding conciliatory mode of dispute settlement. 3. Gear up process of organizing Lok Adalats, encourage public to settle disputes outside formal setup. 4. Empower public (especially women) to participate in justice delivery mechanism. | |
| 60. National Commission for Protection of Child Rights | Establishment | Commissions for Protection of Child Rights Act, 2005 | - Statutory body (not constitutional). - Set up 2007 under Commissions for Protection of Child Rights Act, 2005 (effective Feb 5, 2007). - Protects, promotes, defends child rights. - ‘Child rights’: children’s rights adopted in UN Convention on Rights of the Child (Nov 1989, ratified by GoI Dec 1992). - Child defined as human being below 18 years. - Deals with effective implementation of laws/programs relating to children. - Autonomous body. - Operates under administrative control of Ministry of Women and Child Development (earlier Department under Ministry of Human Resource Development). - Objectives: 1. Take cognizance & redress matters pertaining to violation of child rights. 2. Ensure all laws, policies, programs, administrative mechanisms in consonance with child rights perspective (Constitution, UN Convention). |
| Composition | Multi-member Body | - Multi-member body: Chairperson + 6 members. - At least 2 women. - Chairperson: person of eminence, outstanding work for child welfare. - Members: 6 persons of eminence, ability, integrity, standing, experience in: education, child healthcare/welfare/development, juvenile justice/neglected/marginalized/disabled children, elimination of child labor/children in distress, child psychology/sociology, laws relating to children. - Chairperson & members appointed by Central Government. - Chairperson appointed on recommendation of 3-member selection committee (Minister-in-charge of Department dealing with children as chairman). - Salaries, allowances, other service conditions prescribed by Central Government. - Cannot be varied to disadvantage. - Hold office for 3 years. - Not eligible for appointment for >2 terms. - Upper age limit: Chairperson 65 years, members 60 years. - Can relinquish office by addressing resignation to Central Government. - Central Government can remove chairperson/member if: 1. Adjudged insolvent. 2. Engages in paid employment outside duties. 3. Refuses to act or becomes incapable. 4. Declared of unsound mind by competent court. 5. Abused office (detrimental to public interest). 6. Convicted/sentenced for offence involving moral turpitude. 7. Absents from 3 consecutive meetings. | |
| Functions | Roles | - Functions: 1. Examine & review safeguards for child rights, recommend measures for effective implementation. 2. Present annual/other reports to Central Government on safeguards working. 3. Inquire into child rights violation, recommend initiation of proceedings. 4. Examine factors inhibiting child rights enjoyment (terrorism, communal riots, natural disaster, domestic violence, HIV/AIDS, trafficking, exploitation, prostitution), recommend remedial measures. 5. Look into matters relating to children in need of special care (distress, marginalized, in conflict with law, juveniles, children of prisoners), recommend remedial measures. 6. Study treaties/international instruments, undertake periodical review of policies/programs/activities on child rights, make recommendations for effective implementation. 7. Undertake/promote research in child rights field. 8. Spread child rights literacy, promote awareness of safeguards. 9. Inspect any juvenile custodial home/residence/institution (under Central/state government or social organization) where children detained/lodged for treatment, reformation, protection. 10. Inquire into complaints & take suo motu notice of matters relating to: (i) Deprivation & violation of child rights. (ii) Non-implementation of laws for child protection/development. (iii) Non-compliance of policy decisions/instructions for mitigating hardships/welfare/relief. 11. Perform other necessary functions for child rights promotion. | |
| Powers | Civil Court Powers | - Vested with power to regulate own procedure. - While inquiring, has all powers of a civil court trying a suit for: 1. Summoning & enforcing attendance of any person, examining on oath. 2. Requiring discovery & production of any document. 3. Receiving evidence on affidavits. 4. Requisitioning any public record from court/office. 5. Issuing summons for examination of witnesses & documents. 6. Any other matter prescribed by Central Government. - Functions under other Acts: 1. Right of Children to Free and Compulsory Education (RTE) Act, 2009: (i) Examine & review safeguards, recommend measures. (ii) Inquire into complaints. (iii) Take necessary steps after inquiry. - Has same powers as under Commissions for Protection of Child Rights Act, 2005. 2. Protection of Children from Sexual Offences (POCSO) Act, 2012: (i) Monitor implementation of provisions. (ii) Inquire into matters relating to offence, has same powers as under Commissions for Protection of Child Rights Act, 2005. (iii) Include activities in annual report. 3. Juvenile Justice (Care and Protection) Act, 2015: (i) Monitor implementation of provisions. (ii) Inquire into matters relating to offence, has same powers as under Commissions for Protection of Child Rights Act, 2005. (iii) Include activities in annual report. | |
| State Commission for Protection of Child Rights | Establishment & Composition | - Commissions for Protection of Child Rights Act (2005) provides for creation of SHRCs. - State government can constitute through Official Gazette Notification. - Multi-member body: Chairperson + 6 members. - At least 2 women. - Chairperson: person of eminence, outstanding work for child welfare. - Members: 6 persons of eminence, ability, integrity, standing, experience in: education, child health/care/welfare/development, juvenile justice/neglected/marginalized/disabled children, elimination of child labor/children in distress, child psychology/sociology, laws relating to children. - Chairperson & members appointed by state government. - Chairperson appointed on recommendation of 3-member selection committee (Minister-in-charge of Department dealing with children as chairman). - Salaries, allowances, other service conditions prescribed by state government. - Cannot be varied to disadvantage.<br;- Hold office for 3 years. - Not eligible for appointment for >2 terms. - Upper age limit: Chairperson 65 years, members 60 years. - Can relinquish office by addressing resignation to state government. - State government can remove chairperson/member if: (i) Adjudged insolvent. (ii) Engages in paid employment outside duties. (iii) Refuses to act or becomes incapable. (iv) Declared of unsound mind by competent court. (v) Abused office (detrimental to public interest). (vi) Convicted/sentenced for offence involving moral turpitude. (vii) Absents from 3 consecutive meetings. | |
| Children’s Courts | Establishment | - Commissions for Protection of Child Rights Act (2005) provides for establishment of Children’s Courts. - For speedy trial of offences against children or child rights violations. - State government can specify at least one court or Court of Session for each district. - State government sets up only with HC CJ concurrence. - State government specifies public prosecutor or appoints advocate (>7 years practice) as special public prosecutor. | |
| 61. National Commission for Minorities | Establishment | National Commission for Minorities Act, 1992 | - GoI (1978) set up Minorities Commission by executive resolution to safeguard minorities’ interests. - Resolution: feeling of inequality/discrimination among minorities. Need for effective institutional arrangements for safeguards enforcement. - Later, felt need for statutory status for confidence & weight. - National Commission for Minorities Act, 1992 enacted. Minorities Commission became statutory body, renamed National Commission for Minorities. - First statutory Commission constituted 1993. - Autonomous body. - Works under administrative control of Ministry of Minority Affairs (carved out of Ministry of Social Justice & Empowerment 2006). - Act does not define ‘minority’, but enables Central Government to notify. - 1993: Centre notified 5 religious communities as minorities: Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis). - 2014: Jain community added. - Consists of: Chairperson, Vice-Chairperson, 5 members (before 1995 Act, 6 members). - All nominated by Central Government. - Chairperson & members from minority communities. - Salaries, allowances, other service conditions prescribed by Central Government. - Hold office for 3 years. - Can relinquish office by addressing resignation to Central Government. - Central Government can remove chairperson/member (before term expiry) if: 1. Undischarged insolvent. 2. Convicted/sentenced for offence involving moral turpitude. 3. Declared of unsound mind by competent court. 4. Refuses to act or becomes incapable. 5. Absents from 3 consecutive meetings. 6. Abused official position (detrimental to minorities’ interests). |
| Functions | Nine-point Mandate | - Functions: 1. Evaluate progress of minorities’ development under Union & States. 2. Monitor working of safeguards for minorities (Constitution, Parliament laws, state legislatures). 3. Make recommendations for effective implementation of safeguards. 4. Look into specific complaints on deprivation of rights/safeguards, take up with authorities. 5. Cause studies on problems of discrimination, recommend measures. 6. Conduct studies, research, analysis on socio-economic/educational development of minorities. 7. Suggest appropriate measures for minorities (Central/state government). 8. Make periodical/special reports to Central Government on minorities, difficulties confronted. 9. Look into any other matter referred by Central Government. | |
| Powers | Civil Court Powers | - While evaluating/monitoring/inquiring, has all powers of a civil court trying a suit for: 1. Summoning & enforcing attendance of any person from India, examining on oath. 2. Requiring discovery & production of any document. 3. Receiving evidence on affidavits. 4. Requisitioning any public record from court/office. 5. Issuing summons for examination of witnesses & documents. 6. Any other matter prescribed by Central Government. - Central Government must consult Commission on major policy matters affecting minorities. | |
| Report | Submission | - Presents annual report to Central Government. Can submit other reports. - Central Government places reports before Parliament (with memorandum explaining action taken & non-acceptance reasons). - For state-related reports, Commission forwards to state government. State government places report before state legislature (with memorandum). | |
| 62. Central Information Commission | Establishment | Right to Information Act (2005) | - Established 2005 under Right to Information Act (2005). - Not constitutional body. - High-powered independent body. - Looks into complaints, decides appeals. - Entertains complaints/appeals pertaining to offices, financial institutions, public sector undertakings under Central Government & UTs. |
| Tenure and Service Conditions | Chief Information Commissioner (CIC) & Information Commissioners (ICs) | - CIC & ICs hold office for term prescribed by Central Government or until 65 years (whichever earlier). - Not eligible for reappointment. - President can remove CIC/IC if: (a) Adjudged insolvent. (b) Convicted for offence involving moral turpitude. (c) Engages in paid employment outside duties. (d) Unfit to continue in office by infirmity of mind or body. (e) Acquired financial/other interest likely to affect official functions. - President can also remove for proved misbehaviour or incapacity. - If misbehaviour/incapacity, President refers matter to Supreme Court for enquiry. - SC enquiry: upholds removal, President removes. SC advice binding. - During enquiry, President can suspend CIC/IC. - Salary, allowances, other service conditions prescribed by Central Government. - Cannot be varied to disadvantage. - RTI Amendment Act, 2019: 1. CIC & ICs hold office for term prescribed by Central Government (before, fixed 5 years). 2. Salary/service conditions prescribed by Central Government (before, similar to CEC/EC). - CIC eligible for appointment as IC, but cannot hold office for >5 years total. | |
| Powers and Functions | Roles | - Functions: 1. Duty to receive & inquire into complaint from any person: (a) Unable to submit information request (no Public Information Officer). (b) Refused requested information. (c) Not received response within specified time limits. (d) Thinks fees unreasonable. (e) Thinks information incomplete, misleading, false. (f) Any other matter relating to obtaining information. 2. Can order inquiry into any matter if reasonable grounds (suo-motu power). 3. While inquiring, has all powers of a civil court for: (a) Summoning & enforcing attendance of persons, compelling oral/written evidence on oath, producing documents. (b) Requiring discovery & inspection of documents. (c) Receiving evidence on affidavit. (d) Requisitioning any public record from court/office. (e) Issuing summons for examination of witnesses/documents. (f) Any other matter prescribed. 4. During inquiry, can examine any record under public authority’s control (cannot be withheld). All public records given to Commission. 5. Has power to secure compliance of decisions from public authority: (a) Providing access to information in particular form. (b) Directing appointment of Public Information Officer. (c) Publishing information/categories. (d) Making necessary changes to management/maintenance/destruction of records. (e) Enhancing training provision for officials on right to information. (f) Seeking annual report from public authority on compliance. (g) Requiring public authority to compensate for loss/detriment. (h) Imposing penalties (₹250/day up to ₹25,000). Can recommend disciplinary action. (i) Rejecting application. 6. Submits annual report to Central Government on implementation of Act provisions. Central Government places report before both Houses of Parliament. 7. If public authority does not conform, Commission can recommend steps for conformity. | |
| Vision, Mission and Principles | CIC’s Guiding Framework | - Vision: Institution of Excellence by enhancing active engagement, participation; deepening/strengthening electoral democracy in India & globally. - Mission: Maintain independence, integrity, autonomy; ensure accessibility, inclusiveness, ethical participation of stakeholders; adopt highest standards of professionalism for delivering free, fair, transparent elections; strengthen trust in electoral democracy/governance. - Guiding Principles: 1. Uphold values (equality, equity, impartiality, independence, rule of law) in superintendence, direction, control of electoral governance. 2. Conduct elections with highest standard of credibility, freeness, fairness, transparency, integrity, accountability, professionalism. 3. Ensure participation of all eligible citizens in electoral process (inclusive, voter-centric, voter-friendly). 4. Engage with political parties & stakeholders for electoral process. 5. Promote awareness about electoral process/governance among stakeholders (voters, political parties, functionaries, candidates, public); enhance trust. 6. Develop human resource for effective/professional delivery of electoral services. 7. Build quality infrastructure for smooth conduct. 8. Adopt technology for improvement. 9. Strive for innovative practices, excellence, realization of vision/mission. 10. Contribute to reinforcement of democratic values by maintaining/reinforcing public confidence. | |
| 63. State Information Commission | Establishment | Right to Information Act (2005) | - Right to Information Act (2005) provides for creation of SICs. - All states constituted SICs. - High-powered independent body. - Looks into complaints, decides appeals. - Entertains complaints/appeals pertaining to offices, financial institutions, public sector undertakings under concerned state government. |
| Composition | Multi-member Body | - Consists of State Chief Information Commissioner (SCIC) & not more than 10 State Information Commissioners (SICs). - Appointed by Governor on recommendations of committee: - Chief Minister (Chairperson). - Leader of Opposition in Legislative Assembly. - State Cabinet Minister nominated by Chief Minister. - If Leader of Opposition not recognized, leader of single largest opposition group deemed Leader of Opposition. - Persons of eminence in public life with wide knowledge/experience in law, science, technology, social service, management, journalism, mass media, administration, governance. - Not MP or MLA/MLC. - Not hold any other office of profit or connected with political party/profession. | |
| Tenure and Service Conditions | SCIC & SICs | - SCIC & SICs hold office for term prescribed by Central Government or until 65 years (whichever earlier). - Not eligible for reappointment. - Governor can remove SCIC/SIC if: (a) Adjudged insolvent. (b) Convicted for offence involving moral turpitude. (c) Engages in paid employment outside duties. (d) Unfit to continue in office by infirmity of mind or body. (e) Acquired financial/other interest likely to affect official functions. - Governor can also remove for proved misbehaviour or incapacity. - If misbehaviour/incapacity, Governor refers matter to Supreme Court for enquiry. - SC enquiry: upholds removal, Governor removes. SC advice binding. - During enquiry, Governor can suspend SCIC/SIC. - Salary, allowances, other service conditions prescribed by Central Government. - Cannot be varied to disadvantage. - RTI Amendment Act, 2019: 1. SCIC & SICs hold office for term prescribed by Central Government (before, fixed 5 years). 2. Salary/service conditions prescribed by Central Government (before, similar to Election Commissioner/Chief Secretary). - SCIC eligible for appointment as SIC, but cannot hold office for >5 years total. | |
| Powers and Functions | Roles | - Functions: 1. Duty to receive & inquire into complaint from any person: (a) Unable to submit information request (no Public Information Officer). (b) Refused requested information. (c) Not received response within specified time limits. (d) Thinks fees unreasonable. (e) Thinks information incomplete, misleading, false. (f) Any other matter relating to obtaining information. 2. Can order inquiry into any matter if reasonable grounds (suo-motu power). 3. While inquiring, has all powers of a civil court for: (a) Summoning & enforcing attendance of persons, compelling oral/written evidence on oath, producing documents. (b) Requiring discovery & inspection of documents. (c) Receiving evidence on affidavit. (d) Requisitioning any public record from court/office. (e) Issuing summons for examination of witnesses & documents. (f) Any other matter prescribed. 4. During inquiry, can examine any record under public authority’s control (cannot be withheld). All public records given to Commission. 5. Has power to secure compliance of decisions from public authority: (a) Providing access to information in particular form. (b) Directing appointment of Public Information Officer. (c) Publishing information/categories. (d) Making necessary changes to management/maintenance/destruction of records. (e) Enhancing training provision for officials on right to information. (f) Seeking annual report from public authority on compliance. (g) Requiring public authority to compensate for loss/detriment. (h) Imposing penalties (₹250/day up to ₹25,000). Can recommend disciplinary action. (i) Rejecting application. 6. Submits annual report to State Government on implementation of Act provisions. State Government places report before state legislature. 7. If public authority does not conform, Commission can recommend steps for conformity. | |
| RTI Amendment Act, 2019 | Key Changes | - Various features/provisions: 1. CIC & ICs hold office for term prescribed by Central Government (before, fixed 5 years). 2. Salary/service conditions of CIC & ICs prescribed by Central Government (before, similar to CEC/EC). 3. SCIC & SICs hold office for term prescribed by Central Government (before, fixed 5 years). 4. Salary/service conditions of SCIC & SICs prescribed by Central Government (before, similar to Election Commissioner/Chief Secretary). 5. Removed provisions for deductions in salary of CIC/IC/SCIC/SIC due to pension/retirement benefits from previous government service. | |
| 64. Central Vigilance Commission | Establishment | Executive Resolution (1964) | - Main agency for preventing corruption in Central government. - Established 1964 by executive resolution of Central government. - Recommended by Santhanam Committee on Prevention of Corruption (1962-64). - Originally neither constitutional nor statutory body. - Conferred statutory status by Central Vigilance Commission Act, 2003. - Designated agency to receive/act on complaints/disclosures from whistleblowers under “Public Interest Disclosure and Protection of Informers’ Resolution” (PIDPI), 2004 (‘Whistle Blowers’ Resolution). - Empowered as only designated agency to take action against motivated/vexatious complaints. - Apex vigilance institution, free of executive control. - Monitors all vigilance activity, advises authorities in Central government organizations on planning, executing, reviewing, reforming vigilance work. - Santhanam Committee: 5 other MPs & 2 senior officers as members. |
| Composition | Multi-member Body | - Multi-member body: Central Vigilance Commissioner (CVC) (chairperson) + not more than 2 Vigilance Commissioners (VCs). - Appointed by President by warrant under hand & seal. - Appointed on recommendation of 3-member committee: - Prime Minister (head). - Union Minister of Home Affairs. - Leader of Opposition in Lok Sabha (or leader of single largest opposition group). - Hold office for 4 years or until 65 years (whichever earlier). - Not eligible for further employment (Central/state government). - President can remove CVC/VC if: (a) Adjudged insolvent. (b) Convicted for offence involving moral turpitude. (c) Engages in paid employment outside duties. (d) Unfit to continue in office by infirmity of mind or body. (e) Acquired financial/other interest likely to affect official functions. - President can also remove for proved misbehaviour or incapacity. - If misbehaviour/incapacity, President refers matter to Supreme Court for enquiry. - SC enquiry: upholds removal, President removes. SC advice binding. - During enquiry, President can suspend CVC/VC. - ‘Misbehaviour’: CVC/VC concerned/interested in contract/agreement made by Central government, or participates in profit/benefit other than as member of incorporated company. - Salaries, allowances, other service conditions similar to UPSC Chairman (CVC) & UPSC members (VCs). - Cannot be varied to disadvantage. | |
| Organisation | Structure | - Has own Secretariat, Chief Technical Examiners’ Wing (CTE), Commissioners for Departmental Inquiries (CDIs). - Secretariat: Secretary, Joint Secretaries, Deputy Secretaries, Under Secretaries, office staff. - Chief Technical Examiners’ Wing (CTE): technical wing of CVC. Consists of Chief Engineers (Chief Technical Examiners) & supporting engineering staff. Functions: (i) Technical audit of construction works of Government organizations (vigilance angle). (ii) Investigation of specific complaints on construction works. (iii) Assistance to CBI in investigations involving technical matters, property evaluation in Delhi. (iv) Advice/assistance to CVC & Chief Vigilance Officers in technical vigilance cases. - Chief Vigilance Officer: head of Vigilance Division of ministries/departments/organizations. Assists/advises Secretary/Head in vigilance matters. - Commissioners for Departmental Inquiries (CDIs): function as Inquiry Officers to conduct oral inquiries in departmental proceedings against public servants. | |
| Functions | Roles | - Functions: 1. Inquire or cause inquiry/investigation into complaint (referred by Central government) against public servant (employee of Central government/authorities) for offence under Prevention of Corruption Act, 1988. 2. Inquire or cause inquiry/investigation into complaint against officials (below mentioned category) for offence under Prevention of Corruption Act, 1988: (a) Members of All-India Services (serving in Union), Group ‘A’ officers of Central government. (b) Specified level of officers of authorities of Central government. 3. Exercise superintendence over CBI functioning (insofar as relates to investigation of offences under Prevention of Corruption Act, 1988). 4. Give directions to CBI for superintendence (insofar as relates to investigation of offences under Prevention of Corruption Act, 1988). 5. Review progress of CBI investigations into offences under Prevention of Corruption Act, 1988. 6. Review progress of applications pending with competent authorities for sanction of prosecution under Prevention of Corruption Act, 1988. 7. Tender advice to Central government & authorities on matters referred by them. 8. Exercise superintendence over vigilance administration in ministries of Central government or authorities. 9. Undertake/cause inquiry into complaints received under PIDPI Resolution, recommend action. 10. Central Government must consult CVC in making rules/regulations governing vigilance & disciplinary matters for Central Services & All-India Services. | |
| Jurisdiction | Scope | - Extends to: 1. Members of All India Services serving in Union affairs, Group A officers of Central Government. 2. Officers of Scale V & above in Public Sector Banks. 3. Officers in Grade D & above in RBI, NABARD, SIDBI. 4. Chief Executives & Executives on Board, other officers of E-8 & above in Schedule ‘A’ & ‘B’ Public Sector Undertakings. 5. Chief Executives & Executives on Board, other officers of E-7 & above in Schedule ‘C’ & ‘D’ Public Sector Undertakings. 6. Managers & above in General Insurance Companies. 7. Senior Divisional Managers & above in Life Insurance Corporation. 8. Officers drawing salary of ₹8700/- per month (pre-revised) & above on Central Government D.A. pattern in societies/local authorities owned/controlled by Central Government. | |
| Working | Procedure | - Conducts proceedings at headquarters (New Delhi). - Vested with power to regulate own procedure. - Has all powers of a civil court. - Proceedings have judicial character. - Can call for information/report from Central government or authorities. - Advises Central government/authorities on further action after inquiry report. - If Central government/authorities disagree with advice, must communicate reasons (in writing). - Presents annual report to President. President places report before both Houses of Parliament. | |
| Whistle Blowers Protection Act (2014) | Salient Features | - Salient features: 1. Provides mechanism for protecting identity of whistleblowers (persons exposing corruption). 2. Encourages disclosure of corruption/wilful misuse of power by public servants (including ministers). 3. Person can make public interest disclosure on corruption to competent authority (presently CVC). Government can appoint other bodies. 4. Punishment: up to 2 years prison, fine up to ₹30,000 for false/frivolous complaints. 5. Disclosure in good faith; person provides personal declaration of reasonable belief in information/allegation truth. 6. Disclosures can be written or by email (full particulars, supporting documents). 7. No action if complainant identity not indicated or found incorrect. 8. Not applicable to Special Protection Group. - Originally 2011 Act, changed to 2014. | |
| 65. Central Bureau of Investigation | Establishment | Special Police Establishment (1941) | - Traces origin to SPE (set up 1941 by GoI). - SPE functions: investigate bribery/corruption in transactions with War & Supply Department (WWII). - Superintendence of SPE vested with War & Supply Department. - After WWII, need for Central government agency for bribery/corruption by Central government employees. - Delhi Special Police Establishment Act (1946) brought into force. Transferred SPE superintendence to Home Department. Functions enlarged to cover all GoI departments. - CBI established 1963 by resolution of Ministry of Home Affairs. - SPE merged with CBI, became one of its divisions. - CBI transferred to Ministry of Personnel. - Not a statutory body. - Derives powers from Delhi Special Police Establishment Act, 1946. - Main investigating agency of Central government. - Important role in preventing corruption, maintaining integrity. - Assists CVC & Lokpal. - Difference from NIA: NIA investigates terrorism-related crimes; CBI investigates corruption, economic offences, serious/organized crime (other than terrorism). - DSPE Act (1946) does not enable CBI to exercise powers/jurisdiction in state (not railway area) without state government consent. Jurisdiction extended to states only with state government consent. |
| Motto, Mission and Vision | Guiding Principles | - Motto: Industry, Impartiality and Integrity. - Mission: Uphold Constitution & law through in-depth investigation/successful prosecution of offences; provide leadership/direction to police forces; act as nodal agency for enhancing inter-state/international cooperation in law enforcement. - Vision: Based on motto, mission, need for professionalism, transparency, adaptability, science/technology. Focus on: combating corruption/economic/violent crimes; evolving effective investigation/prosecution systems; fighting cyber/high technology crime; creating healthy work environment; supporting state police organizations; playing lead role in war against national/transnational organized crime; upholding human rights, protecting environment/arts/antiques/heritage; developing scientific temper/humanism/spirit of inquiry/reform; striving for excellence/professionalism. | |
| Composition | Director & Officers | - Headed by Director. - Assisted by special director(s) & additional director(s). - Has joint directors, deputy inspector-generals, superintendents of police, other police personnel, forensic scientists, law officers. - Director CBI as Inspector-General of Police, DSPE, responsible for administration. - CVC Act (2003): SPE superintendence vested with Central Government (save investigations of offences under Prevention of Corruption Act, 1988, where CVC has superintendence). - Lokpal and Lokayuktas Act (2013) amended DSPE Act (1946) for CBI composition: 1. Central Government appoints Director CBI on recommendation of 3-member committee: PM (Chairperson), Leader of Opposition (LS), CJI or SC judge nominated by him. 2. Directorate of Prosecution (Director head) for cases under Lokpal/Lokayuktas Act. Functions under overall supervision/control of Director CBI. 3. Central Government appoints officers (SP & above) on recommendation of committee: CVC (Chairperson), Vigilance Commissioners, Home Ministry Secretary, DoPT Secretary. - Delhi Special Police Establishment (Amendment) Act, 2014: if no recognized Leader of Opposition in LS, leader of single largest opposition party is member of committee. - Delhi Special Police Establishment (Amendment) Act, 2021: extended Director CBI tenure. Under CVC Act 2003, fixed 2-year tenure. Amendment allows extension up to 5 years (1 year at a time). Extensions granted in public interest, on committee recommendation, for reasons recorded in writing. | |
| Functions | Roles | - Mandated to investigate & prosecute offences under Acts in Schedule of NIA Act. - Collects, collates, analyzes counter-terrorism investigation. - Shares inputs with sister intelligence agencies. - Functions: (i) Investigating corruption, bribery, misconduct of Central government employees. (ii) Investigating fiscal/economic law infringements (export/import control, customs, central excise, income tax, foreign exchange). Taken up on consultation/request of department. (iii) Investigating serious crimes (national/international ramifications) by organized gangs. (iv) Coordinating anti-corruption agencies & state police forces. (v) Taking up state government requests for public importance cases. | |
| Provision of Prior Permission | Section 6A of DSPE Act | - CBI required to obtain prior approval of Central Government before inquiry/investigation into offence by officers (Joint Secretary & above) in Central Government/authorities. - Supreme Court (2014) held Section 6A of DSPE Act invalid (granted protection to officers from preliminary inquiry in corruption cases). Violative of Article 14. - CJI: ‘Corruption is an enemy of [the] nation and tracking down a corrupt public servant, howsoever high he may be, and punishing such person is a necessary mandate under the PC Act, 1988’. Status/position does not qualify for exemption from equal treatment. Decision-making power does not segregate corrupt officers. | |
| CBI vs. State Police | Jurisdiction | - CBI (DSPE division) role supplementary to state police forces. - DSPE enjoys concurrent investigation/prosecution powers for offences under DSPE Act. - To avoid duplication/overlapping, administrative arrangements: (i) DSPE takes up cases essentially/substantially concerned with Central Government affairs/employees (even if involve state government employees). (ii) State police takes up cases substantially concerned with state government affairs/employees (even if involve Central government employees). (iii) DSPE takes up cases against employees of public undertakings/statutory bodies established/financed by Central Government. | |
| 66. Lokpal and Lokayuktas | Global Scenario | Ombudsman System | - Modern democratic states: welfare orientation, increased bureaucracy, administrative power/discretion. - Abuse of power/discretion: harassment, malpractices, maladministration, corruption. - Citizens’ grievances against administration. - Success of democracy/socio-economic development depends on redressal of grievances. - Institutional devices for redressal: Ombudsman System, Administrative Courts System, Procurator System. - Ombudsman: earliest democratic institution for citizen grievance redressal. Scandinavian origin. Donald C. Rowat: ‘uniquely appropriate institution for dealing with… unfair administrative actions’. ‘Officer appointed by legislature to handle complaints against administrative and judicial action’. - Swedish Ombudsman (1809): deals with: abuse of administrative discretion, maladministration, administrative corruption, nepotism, discourtesy. - Constitutional authority, supervises compliance of laws/regulations by public officials. Keeps watch over civil, judicial, military officials. No power to reverse/quash decision, no direct control over administration/courts. - Spread to Finland, Denmark, Norway, New Zealand (Parliamentary Commissioner for Investigation 1962), UK (Parliamentary Commissioner for Administration 1967). - Donald C. Rowat: Ombudsman ‘bulkwork of democratic government against the tyranny of officialdom’. - Gerald E. Caiden: Ombudsman ‘institutionalised public conscience’. - French system: Administrative Courts (for administrative authorities). Spread to other countries. - Socialist countries (USSR, China): ‘Procurator System’. |
| Position in India | Existing Framework | - Existing legal & institutional framework to check corruption & redress grievances: • Public Servants (Enquiries) Act, 1850. • Indian Penal Code, 1860. • Special Police Establishment, 1941. • Delhi Special Police Establishment Act, 1946. • Prevention of Corruption Act, 1988. • Benami Transactions (Prohibition) Act, 1988. • Commissions of Inquiry Act, 1952 (against political leaders/public men). • All-India Services (Conduct) Rules, 1968. • All-India Services (Discipline and Appeal) Rules, 1969. • Central Civil Services (Conduct) Rules, 1964. • Central Civil Services (Classification, Control and Appeal) Rules, 1965. • Railway Services (Conduct) Rules, 1966. • Vigilance organizations in ministries/departments, attached/subordinate offices, public undertakings. • Central Bureau of Investigation, 1963. • Central Vigilance Commission, 1964. • State Vigilance Commissions, 1964. • Anti-corruption bureaus in states. • Lokpal (Ombudsman) at Centre. • Lokayukta (Ombudsman) in states. • Divisional Vigilance Board. • District Vigilance Officer. • National, State, District Consumer Disputes Redressal Commissions. • National Commission for SCs. • National Commission for STs. • National Commission for BCs. • National Commission for Minorities. • Supreme Court & High Courts in states. • Administrative Tribunals (quasi-judicial bodies). • Directorate of Public Grievances in Cabinet Secretariat, 1988. • Parliament & its committees. • ‘File to Field’ programme in some states (administrator goes to village/area, hears grievances, takes immediate action). • Whistle Blowers Protection Act, 2014. • Department of Administrative Reforms and Public Grievances. • Centralised Public Grievance Redress and Monitoring System, 2007. | |
| Lokpal | First Administrative Reforms Commission (ARC, 1966-1970) | - Recommended setting up 2 special authorities: ‘Lokpal’ & ‘Lokayukta’ for citizen grievance redressal. - Patterned on Ombudsman (Scandinavia) & Parliamentary Commissioner (New Zealand). - Lokpal: deal with complaints against ministers & secretaries at Central/state levels. - Lokayukta: deal with complaints against other specified higher officials. - ARC kept judiciary outside Lokpal/Lokayukta purview (unlike Sweden, where judiciary is within Ombudsman purview). - Lokpal appointed by President (after consulting CJI, Speaker LS, Chairman RS). - ARC recommendations for Lokpal/Lokayukta features: 1. Demonstratively independent & impartial. 2. Investigations/proceedings private & informal. 3. Appointment as non-political as possible. 4. Status comparable to highest judicial functionaries. 5. Deal with discretionary field matters (injustice, corruption, favoritism). 6. Proceedings not subject to judicial interference. 7. Maximum latitude & powers in obtaining relevant information. 8. Not look forward to benefit/pecuniary advantage from executive. - GoI accepted ARC recommendations. - 10 official attempts to bring legislation. Bills introduced in Parliament in: May 1968, April 1971 (Indira Gandhi); July 1977 (Morarji Desai); Aug 1985 (Rajiv Gandhi); Dec 1989 (V.P. Singh); Sept 1996 (Deve Gowda); Aug 1998, Aug 2001 (A.B. Vajpayee); Aug 2011, Dec 2011 (Manmohan Singh). - First 4 bills lapsed (LS dissolution). Fifth withdrawn. Sixth & seventh lapsed. Eighth lapsed. Ninth withdrawn. - Tenth bill (Lokpal and Lokayuktas Bill, 2011) enacted as Lokpal and Lokayuktas Act, 2013. | |
| Lokpal and Lokayuktas Act (2013) | Features | - Salient features: 1. Establishes Lokpal at Centre & Lokayukta at state. 2. Lokpal jurisdiction includes PM, ministers, MPs, Group A, B, C, D officers. 3. Lokpal consists of Chairperson + max 8 members (50% judicial members). 4. 50% members from SCs, STs, OBCs, minorities, women. 5. Selection of Chairperson/members by Selection Committee: PM (Chairperson), Speaker LS, Leader of Opposition LS, CJI or SC judge nominated by him, eminent jurist nominated by President (based on first 4 members’ recommendations). 6. Search Committee assists Selection Committee (50% members from SCs, STs, OBCs, minorities, women). 7. PM brought under Lokpal purview (with exclusions & specific process). 8. Lokpal jurisdiction covers all categories of public servants (Group A, B, C, D officers, employees). 9. Lokpal has superintendence/direction power over any investigating agency (including CBI) for cases referred by Lokpal. 10. High-Powered Committee (PM chaired) recommends CBI Director selection. 11. Incorporates provisions for attachment/confiscation of property acquired by corrupt means (even if prosecution pending). 12. Clear timelines: preliminary inquiry (3 months, extendable by 3 months); investigation (6 months, extendable by 6 months); trial (1 year, extendable by 1 year). Special courts to be set up. 13. Enhances maximum punishment under Prevention of Corruption Act (7 to 10 years). Minimum punishment for sections 7, 8, 9, 12 (3 years), section 15 (2 years). 14. Institutions fully/partly financed by Government under Lokpal jurisdiction (aided institutions excluded). 15. Adequate protection for honest/upright public servants. 16. Contains provisions for strengthening CBI: Directorate of Prosecution (Director head) under Director CBI; panel of advocates by CBI (with Lokpal consent); transfer of CBI officers (with Lokpal approval); adequate funds to CBI. 17. Entities receiving foreign donations (>₹10 lakh/year) under Lokpal jurisdiction. 18. Mandate for states to set up Lokayukta by law within 365 days. - Drawbacks: 1. Lokpal cannot suo motu proceed against public servant. 2. Emphasis on form of complaint rather than substance. 3. Heavy punishment for false/frivolous complaints may deter filing. 4. Anonymous complaints not allowed. 5. Legal assistance to public servant against whom complaint filed. 6. Limitation period of 7 years to file complaints. 7. Very non-transparent procedure for complaints against PM. | |
| Lokayuktas | Establishment & Features | - Many states already set up Lokayukta before 2013 Act. - First established in Maharashtra (1971). Odisha passed Act in 1970. - Various aspects: 1. Structure: Not same in all states. Some have Lokayukta & Upalokayukta; some only Lokayukta. 2. Appointment: Lokayukta & Upalokayukta appointed by Governor. 3. Qualifications: Judicial qualifications prescribed in some states; no specific qualifications in others. 4. Term of office: Most states fixed 5 years or 65 years. 5. Jurisdiction: No uniformity. (a) Chief Minister: included in some states, excluded in others. (b) Ministers & higher civil servants: included in almost all states. (c) State legislatures members: included in some states. (d) Local bodies, corporations, companies, societies: included. 6. Initiation of investigation: Most states, Lokayukta can initiate on complaint or suo motu. 7. Scope of cases: Lokayukta can consider ‘grievances’ & ‘allegations’ in some states. In others, confined to ‘allegations’ (corruption), not ‘grievances’ (maladministration). 8. Report: Presents annual consolidated report to governor. Governor places report before state legislature (with explanatory memorandum). 9. Recommendations: Only advisory, not binding on state government. | |
| 67. National Investigation Agency | Establishment | National Investigation Agency Act, 2008 | - Constituted 2009 under National Investigation Agency Act, 2008 (NIA Act). - Central counter-terrorism law enforcement agency. - Established after 2008 Mumbai terror attacks (26/11). - Need for separate federal agency for terrorism-related crimes. - Headquarters in New Delhi. - Branch offices in different states. - Separate specialized cell: TFFC Cell (dealing with fake currency notes & terror funding). - Headed by Director-General. - Appointed by Central government. - Powers similar to Director-General of Police. - Works under administrative control of Ministry of Home Affairs. - State government extends assistance & cooperation for investigation of specified offences. - Rationale: 1. India victim of large-scale terrorism (cross-border). 2. Incidents have complex inter-state/international linkages, connection with other activities (arms/drugs smuggling, fake currency, infiltration). 3. Need for central agency for terrorism-related offences & other Acts with national ramifications. 4. Expert committees & Second Administrative Reforms Commission recommended establishment. |
| Functions | Roles | - Mandated to investigate & prosecute offences under Acts in Schedule of NIA Act. - Collects, collates, analyzes counter-terrorism investigation. - Shares inputs with sister intelligence agencies. - Functions: (a) Investigate & prosecute offences in Schedule of NIA Act. (b) Provide/seek assistance from other intelligence/investigation agencies of Central/state governments. (c) Take other measures for speedy/effective implementation of NIA Act provisions. | |
| Vision | Goals | - 4 points: 1. Thoroughly professional investigative agency matching international standards. 2. Set standards of excellence in counter-terrorism & national security-related investigations; develop highly trained, partnership-oriented workforce. 3. Create deterrence for existing/potential terrorist groups/individuals. 4. Develop as storehouse of all terrorist-related information. | |
| Mission | Objectives | - Mission: 1. In-depth professional investigation of scheduled offences using latest scientific methods; set standards for detection. 2. Effective & speedy trial. 3. Develop professional, result-oriented organization; uphold Constitution/laws; give prime importance to human rights protection/individual dignity. 4. Develop professional workforce through regular training/exposure to best practices/procedures. 5. Display scientific temper & progressive spirit. 6. Maintain professional/cordial relations with state governments/UTs/other law enforcement agencies. 7. Assist all states/other investigating agencies in terrorist cases. 8. Build database on all terrorist-related information, share with states/other agencies. 9. Study/analyze terrorism laws in other countries, evaluate adequacy of existing laws in India, propose changes. 10. Win citizens’ confidence through selfless/fearless endeavors. | |
| Jurisdiction | Scope | - Concurrent jurisdiction to investigate & prosecute offences affecting sovereignty, security, integrity of India, security of state, friendly relations with foreign states. - Offences under various Acts enacted to implement international treaties, agreements, conventions, UNO resolutions/agencies/other international organizations. - Empowered to probe terror attacks (bomb blasts, hijacking, nuclear installations, mass destruction). - NIA (Amendment) Act, 2019: extended jurisdiction. Empowered to probe offences related to human trafficking, counterfeit currency/bank notes, prohibited arms manufacture/sale, cyber-terrorism, explosive substances. - NIA (Amendment) Act, 2019 provisions: 1. Applied provisions to persons committing scheduled offence beyond India against Indian citizens or affecting India’s interest. 2. NIA officers have similar powers/duties/privileges/liabilities as police officers for investigation (in India & outside). 3. Central government can direct NIA to register case & investigate if scheduled offence committed outside India (as if in India). 4. Central/state governments can designate Sessions Courts as Special Courts for trial of offences under NIA Act. 5. Inserted new offences in Schedule of NIA Act. | |
| 68. National Disaster Management Authority | Establishment | Disaster Management Act, 2005 | - GoI recognized disaster management as national priority. - Set up High Powered Committee (1999) & National Committee (2001) after Gujarat earthquake. - To recommend disaster management plans & effective mitigation mechanisms. - After Indian Ocean tsunami (2004), GoI enacted Disaster Management Act, 2005. - Act provided for creation of National Disaster Management Authority (NDMA). - To spearhead & implement holistic/integrated approach to disaster management. - NDMA constituted 2005 by executive order of GoI. - Notified 2006 under Act provisions. - Apex body for disaster management. - Works under administrative control of Union Ministry of Home Affairs. - Vision: ‘build a safer and disaster resilient India by a holistic, pro-active, technology driven and sustainable development strategy that involves all stakeholders and fosters a culture of prevention, preparedness and mitigation’. - Consists of: Chairperson + not exceeding 9 other members. - Prime Minister is ex-officio chairperson. - Other members nominated by chairperson. - Chairperson designates one member as Vice-Chairperson (Cabinet Minister status). - Other members have Minister of State status. |
| Objectives | Goals | - 6 objectives: 1. Promote culture of prevention, preparedness, resilience (knowledge, innovation, education). 2. Encourage mitigation measures (technology, traditional wisdom, environmental sustainability). 3. Mainstream disaster management into developmental planning. 4. Establish institutional/techno-legal frameworks for enabling regulatory environment & compliance regime. 5. Ensure efficient mechanism for identification, assessment, monitoring of disaster risks. 6. Develop contemporary forecasting/early warning systems (responsive, failsafe communication, IT support). | |
| Functions | Roles | - Responsibility for laying down policies, plans, guidelines for timely/effective response. - Functions: 1. Lay down policies on disaster management. 2. Approve National Plan. 3. Approve plans prepared by Ministries/Departments of GoI (in accordance with National Plan). 4. Lay down guidelines for State Disaster Management Authorities (SDMAs) in drawing up State Plan. 5. Lay down guidelines for Ministries/Departments of GoI for integrating prevention/mitigation measures in development plans/projects. 6. Coordinate enforcement/implementation of policy/plan. 7. Recommend provision of funds for mitigation. 8. Provide support to other countries affected by major disasters. 9. Take other measures for prevention, mitigation, preparedness, capacity building for threatening disaster situation/disaster. 10. Lay down broad policies/guidelines for functioning of National Institute of Disaster Management. - Additional Functions: 1. Recommend guidelines for minimum standards of relief to affected persons. 2. Recommend relief in repayment/grant of fresh loans on concessional terms in severe magnitude disasters. 3. Exercises general superintendence, direction, control of National Disaster Response Force (NDRF) (constituted for specialist response). 4. Authorizes concerned department/authority to make emergency procurement of provisions/materials (standard procedure waived). 5. Prepares annual report, submits to Central government. Central government lays before both Houses of Parliament. | |
| State Disaster Management Authority | Establishment & Composition | - Under Disaster Management Act, 2005, every state government should establish SDMA. - Consists of: Chairperson + not exceeding 9 other members. - Chief Minister is ex-officio chairperson. - Chairperson of State Executive Committee is ex-officio member. - Other members (not exceeding 8) nominated by chairperson. - Chairperson designates one member as vice-chairperson. - Chairperson of State Executive Committee acts as ex-officio chief executive officer. - Functions: Lay down policies/plans for disaster management in state. 1. Lay down state disaster management policy. 2. Approve State Plan (in accordance with NDMA guidelines). 3. Approve disaster management plans prepared by government departments. 4. Lay down guidelines for government departments for prevention/mitigation measures in development plans/projects. 5. Coordinate implementation of State Plan. 6. Recommend provision of funds for mitigation/preparedness measures. 7. Review development plans of departments, ensure prevention/mitigation measures integrated. 8. Review mitigation, capacity building, preparedness measures, issue guidelines. 9. Prepare annual report, submit to state government. State government lays before state legislature. - District Disaster Management Authority (DDMA): Under Disaster Management Act, 2005, every state government should establish DDMA. - Consists of: Chairperson + not exceeding 7 other members. - Collector (or District Magistrate/Deputy Commissioner) is ex-officio chairperson. - Elected representative of local authority is ex-officio co-chairperson. - In Tribal Areas (Sixth Schedule), chief executive member of autonomous district council is ex-officio co-chairperson. - Chief executive officer of DDMA, superintendent of police, chief medical officer of district are ex-officio members. - Not more than 2 other district level officers appointed by state government. - If Zilla Parishad exists, its chairperson is co-chairperson of DDMA. - Chief executive officer appointed by state government. - Functions: District planning, coordinating, implementing body for disaster management. Takes all measures for disaster management in district according to guidelines laid down by NDMA & SDMA. 1. Prepare disaster management plan (including district response plan). 2. Coordinate & monitor implementation of National Policy, State Policy, National Plan, State Plan, District Plan. 3. Ensure vulnerable areas identified, prevention/mitigation measures undertaken by departments/local authorities. 4. Ensure NDMA/SDMA guidelines for prevention/mitigation/preparedness/response measures followed. 5. Organize/coordinate specialized training programs for officers, employees, voluntary rescue workers. 6. Facilitate community training/awareness programs (prevention/mitigation). 7. Set up/maintain/review/upgrade early warnings/information dissemination mechanism. 8. Advise, assist, coordinate activities of departments/statutory bodies/other organizations engaged in disaster management. 9. Identify buildings/places for relief centers/camps, make arrangements for water supply. 10. Perform other functions assigned by state government/SDMA. | |
| 69. Bar Council of India | Establishment | Advocates Act, 1961 | - Established under Advocates Act, 1961. - Statutory body (not constitutional). - All India Bar Committee (1951) appointed by GoI (Justice S.R. Das chairman). - Mandate: examine/report on re-organization of Bar & legal profession. - Report (1953): recommended establishment of All India Bar Council & State Bar Councils (SBCs) to regulate legal profession. - Law Commission of India (1958) repeated/endorsed recommendation. - Advocates Act, 1961 passed to provide for BCI & SBCs. - Autonomous body. - Works under Department of Legal Affairs (Union Ministry of Law and Justice). |
| Composition | Members | - Consists of elected & ex-officio members. 1. One member elected by each SBC from its members. 2. Attorney-General of India & Solicitor-General of India are ex-officio members. - Has a Chairman & a Vice-Chairman. - Elected by Council from its members. - Hold office for 2 years. - Term of office of member elected by SBC: for period holds office as SBC member. - Consists of following committees: (i) Disciplinary Committee (1+). (ii) Legal Aid Committee (1+). (iii) Executive Committee. (iv) Legal Education Committee. (v) Other Committees (if necessary). | |
| Functions | Roles | - Functions: 1. Lay down standards of professional conduct & etiquette for advocates. 2. Lay down procedure for disciplinary committee of BCI & each SBC. 3. Safeguard rights, privileges, interests of advocates. 4. Promote & support law reform. 5. Deal with & dispose of any matter referred by SBC. 6. Exercise general supervision & control over SBCs. 7. Promote legal education, lay down standards of legal education (in consultation with Universities & SBCs). 8. Recognize universities whose law degree is qualification for advocate enrolment; visit/inspect universities. BCI can cause SBCs to visit/inspect universities. 9. Conduct seminars, organize talks on legal topics by jurists; publish journals/papers. 10. Organize legal aid to poor. 11. Recognize (on reciprocal basis) foreign law qualifications for advocate admission. 12. Manage & invest funds. 13. Provide for election of members. 14. Perform all other functions conferred by Act. 15. Do all other things necessary. - Can establish funds for: welfare schemes (indigent, disabled advocates); legal aid/advice; law libraries. - Can receive grants, donations, gifts, benefactions. - Can become member of international legal bodies (International Bar Association, International Legal Aid Association). | |
| State Bar Councils | Establishment & Composition | - Advocates Act (1961) provides for establishment of SBC for each state or common SBC for 2+ states/UT. - Presently 24 SBCs. Names & jurisdiction in Table 69.1. - Consists of elected & ex-officio members. - Composition: 1. Elected members: - 15 members if electorate 5,000. - 20 members if electorate 5,000-10,000. - 25 members if electorate >10,000. - Elected by proportional representation, single transferable vote from advocates on SBC electoral roll. - Half elected members must be advocates for 10 years on state roll. 2. Ex-officio members: Advocate-General of state (for SBC); Advocate-General of each state (for common SBC). Additional Solicitor-General of India (for Delhi SBC). - Each SBC has a Chairman & a Vice-Chairman. - Elected by Council from its members. - Term of office of elected member: 5 years. - If SBC fails to provide for election, BCI can extend term for 6 months. | |
| Functions | - Functions: 1. Admit persons as advocates on its roll. 2. Prepare & maintain roll. 3. Entertain & determine misconduct cases against advocates. 4. Safeguard rights, privileges, interests of advocates. 5. Promote welfare schemes for indigent, disabled, other advocates. 6. Promote & support law reform. 7. Conduct seminars, organize talks on legal topics; publish journals/papers. 8. Organize legal aid to poor. 9. Manage & invest funds. 10. Provide for election of members. 11. Visit & inspect universities (in accordance with BCI directions). 12. Perform all other functions conferred by Act. 13. Do all other things necessary. - Can establish funds for: welfare schemes; legal aid/advice; law libraries. - Can receive grants, donations, gifts, benefactions. | ||
| Types of Advocates | Classification | - Advocates Act (1961) provides for 2 categories: Senior Advocates & other advocates. - Entitled to practice law before Courts. - Senior Advocate: designated by SC/HC if opinion that advocate fulfills qualifications (ability, standing at Bar, special knowledge/experience in law). - Retired CJ/Judges of HCs also considered for designation as Senior Advocates in SC. - Supreme Court Rules, 2013: deals with designation. - Not entitled to appear in SC without Advocate-on-Record. - Advocate-on-Record: entitled under SC Rules 2013 to act & plead for party in SC. No other advocate can file appearance/act for party in SC. - SC in 1950 inherited jurisdiction of Federal Court & Privy Council. Rules prevalent in Federal Court continued. Practice & Procedure of SC underwent changes. Originally recognized ‘Agents’. ‘Advocates-on-Record’ replaced ‘Agents’ in 1954. - 1959: Rules amended, introduced ‘Advocate-on-Record’ examination by SC. Registry conducts exam with Examination Committee approval. Maintains high standards. Regulation: no advocate eligible for exam unless trained by AOR for 1 year (after 4th year of enrolment). - Other Advocates: names entered on roll of any State Bar Council. Cannot appear, plead, address SC unless instructed by AOR or permitted by SC. | |
| 70. Law Commission of India | Historical Background | Pre-independence Commissions | - Non-statutory advisory body. - Established by GoI order from time to time for fixed tenure. - Function: recommend legislative measures for consolidation & codification of laws. - Recommendations not binding. - 4 Law Commissions established in 19th century (British regime). - Contributed to Indian Statute Book. - Recommended legislations based on English laws. Products: IPC, CrPC, CPC, Indian Contract Act, Indian Evidence Act, Transfer of Property Act. - Names, constitution years, chairmen in Table 70.1. |
| Commissions Constituted So Far | Post-independence Commissions | - After Independence, Constitution (FRs, DPs) gave new direction to law reform. - Art 372: pre-Constitution laws remain in force until amended/repealed. - Demands for new Law Commission to revise/update outdated laws. - First Law Commission of independent India established 1955. - Term: 3 years. Headed by M.C. Setalvad (then AG of India). - Since then, 21 more Law Commissions constituted. Each with 3-year term, different terms of reference. - Names, duration, chairmen in Table 70.2. - 22nd Law Commission constituted Feb 21, 2020 (3-year term). Term extended till Aug 31, 2024 (Feb 22, 2023). | |
| Composition | Structure | - Composition not fixed; varies. - Generally: Chairman, some full-time members, member-secretary, some part-time members. - Chairman & full-time members: serving/retired SC/HC judges, legal experts, jurists, university professors of law. - Member-Secretary: Indian Legal Service, rank of Additional Secretary or Secretary to GoI. - Part-time members: eminent members of bar, eminent scholars, persons with specialized knowledge. - Regular staff: dozen research personnel. Secretarial staff for administration. | |
| Functions | Roles | - Functions: 1. Identify laws no longer needed/relevant, recommend repeal. 2. Examine existing laws (in light of DPs), suggest improvements/reforms, suggest legislations to implement DPs/Preamble objectives. 3. Consider & convey views to GoI on law/judicial administration subjects referred. 4. Consider requests for providing research to foreign countries. 5. Take measures to harness law/legal process in service of poor. 6. Revise Central Acts of general importance (simplify, remove anomalies/ambiguities/inequities). | |
| Working | Stages | - Working consists of stages: 1. Projects undertaken initiated in meetings. 2. Priorities discussed, topics identified, preparatory work assigned. 3. Different methodologies for data collection/research adopted. 4. Working paper (outlining problem, suggesting reform) emerges. 5. Paper circulated for public/interest groups’ reactions/suggestions. 6. Responses evaluated, information organized for report. 7. Report subjected to close scrutiny in full Commission meetings. 8. Final report forwarded to Government (Ministry of Law and Justice). GoI considers reports, submits to Parliament. - Till now, Commission submitted 277 reports. - Reports submitted by 21st Law Commission in Table 70.3. | |
| Role | Advisory Body | - GoI gets benefit of recommendations from specialized body. - Advisory, not binding. - Supreme Court: ‘recommendations… not binding… unless accepted by Government’. - Justice P.B. Gajendragadkar: ‘Law Commission is a high-powered expert body… recommendations… entitled to great weight’. - Justice M.C. Setalvad: ‘Law Commission is a high-powered body… recommendations… entitled to great weight’. | |
| 71. Delimitation Commission of India | Rationale of Delimitation | Meaning & Importance | - ‘Delimitation’: fixing limits/boundaries of territorial constituencies. - Job assigned to high-powered body (Delimitation Commission or Boundary Commission). - Periodic delimitation & elections are pillars of Indian parliamentary democracy. - Importance: 1. Free & fair elections: hallmark of democracy. Delimitation secures fair elections. 2. Complex matter: needs sensitive approach. Foundation for democratic exercise of public representation. Exercises taken at periodic intervals to reflect changing ground realities. 3. Principle of one man, one vote: envisages parity in value of votes. Difficult to achieve. Population differences in constituencies. - R.C. Poudyal vs. Union of India case (1993): SC observed population differences. |
| Commissions Established So Far | Statutory Body | - Statutory body (not constitutional). - Established by Central Government under Parliament law. - Function: demarcate boundaries of Parliamentary & Assembly Constituencies. - Powerful body. Orders have force of law, cannot be challenged in court. - Orders come into force on President’s specified date. Laid before LS & state LA (no modifications permissible). - 4 Commissions constituted so far. Names, years, Acts in Table 71.1. | |
| Constitutional Provisions | Articles 81, 82, 170, 330, 332 | - Articles 81, 82, 170, 330, 332 deal with delimitation of Parliamentary & Assembly Constituencies. - Amended by 84th Constitutional Amendment Act (2001) & 87th Constitutional Amendment Act (2003). - Cumulative effect: 1. Total existing seats in LS (allocated to states, 1971 census basis) unaltered till 2026. 2. Total existing seats in Legislative Assemblies (all states, 1971 census basis) unaltered till 2026. 3. Reserved seats for SCs/STs in LS & state LAs re-worked out on 2001 census basis. 4. Each state redelimited into territorial parliamentary/assembly constituencies on 2001 census basis. Extent of constituencies frozen till 2026. 5. Constituencies re-delimited such that population (2001 census basis) is same throughout state. - Information adopted from EC website. | |
| Fourth Delimitation Commission | Establishment & Work | - Parliament enacted Delimitation Act, 2002 (amended 2003, 2008, 2016). - Set up to readjust Parliamentary & Assembly constituencies in all states (except J&K) on 2001 census basis. - 3-member body: 1. Chairperson (serving/retired SC judge). 2. CEC or EC nominated by CEC (ex-officio). 3. State EC of concerned State/UT (ex-officio). - Had 10 associate members (5 LS, 5 state LA). No voting rights. - Justice Kuldip Singh (retired SC judge) appointed Chairperson. - Submitted recommendations 2007. President signed notification 2008 (redefined constituencies). - Recommendations not applicable to 5 states (Assam, Arunachal Pradesh, Manipur, Nagaland, Jharkhand). GoI deferred delimitation, nullified order for Jharkhand. - 2009 General Elections: 499 of 543 Parliamentary constituencies held on newly delimited constituencies. - Delimitation Commission (2020): GoI rescinded earlier (2008) notifications deferring delimitation in 4 north-eastern states (Assam, Arunachal Pradesh, Manipur, Nagaland). Reasons: improved security situation, reduced insurgency. Circumstances for deferral ceased. - GoI set up Delimitation Commission March 2020 for these 4 states & UT of J&K. - Members: Justice Ranjana Prakash Desai (retired SC judge) as Chairperson. - Sushil Chandra (EC) as ex-officio member. - State EC of concerned State/UT as ex-officio member. - Justice Ranjana Prakash Desai appointed for 1 year or till further orders. - Task: delimit constituencies in 4 north-eastern states (Delimitation Act 2002) & UT of J&K (J&K Reorganisation Act 2019, Delimitation Act 2002). - March 2021: GoI removed 4 north-eastern states from Commission’s purview. Term extended till March 2022 for J&K UT. Again extended 2 months till May 2022. - Commission associated 5 elected LS members from J&K UT (nominated by Speaker, no voting rights). - Completed task May 2022. Report: “Delimited Landscape of Union Territory of Jammu & Kashmir”. - Delimitation in J&K: Different from rest of country due to special status (Art 370). LS seats governed by GoI Act 1935. State LA seats governed by J&K Constitution & J&K Representation of People Act 1957. - LA seats delimited 1957, 1966, 1975, 1995 (last based on 1981 census). No census 1991. No Delimitation Commission by state government after 2001 (state law froze delimitation till 2026). J&K Assembly had 111 seats (4 Ladakh). 24 seats reserved for PoJK. - J&K Reorganisation Act, 2019: provided for J&K UT. Legislative Assembly for J&K UT. Total seats fixed 114. Provision for nomination of 2 women members if not adequately represented. 24 seats for PoJK remain vacant, excluded from delimitation. Increase of 7 seats in J&K UT LA. - Present Delimitation Commission entrusted with delimiting Parliamentary & Assembly constituencies in J&K UT on 2011 census basis. - 2011 census population increased >100% over 1981. - Last delimitation based on 1981 census, constituencies malapportioned. - Reservation for SCs/STs in J&K UT LA based on 2011 census (J&K state Constitution did not provide ST reservation). - Order of the Commission (May 2022): 1. J&K treated as single entity for delimitation. All 5 Parliamentary constituencies now have equal 18 Assembly Constituencies. 2. Anantnag-Rajouri Parliamentary Constituency carved out (combining Anantnag area of Kashmir region & Rajouri & Poonch area of Jammu region). 3. Total 90 Assembly constituencies: 43 for Jammu region, 47 for Kashmir region. 4. Creation of 6 new Assembly constituencies for Jammu region, 1 for Kashmir region. 5. Reservation of 9 Assembly constituencies for STs (6 Jammu, 3 Kashmir). 6. Reservation of 7 Assembly constituencies for SCs. 7. Changed names of some Assembly constituencies (e.g., Shri Mata Vaishno Devi). - Recommendations of the Commission: 1. Kashmiri Migrants: Provision of at least 2 members (1 female) from Kashmiri migrants in J&K Assembly. Given power at par with nominated members of Puducherry UT Assembly. 2. Displaced Persons from PoJK: Central Government consider giving representation in J&K Assembly (by nomination). - National Commissions/Central Bodies and their Nodal Ministries in Table 71.2. | |
| 72. Co-operative Societies | Constitutional Provisions | 97th Constitutional Amendment Act (2011) | - Gave constitutional status & protection to co-operative societies. - Made 3 changes in Constitution: 1. Made right to form co-operative societies a fundamental right (Art 19) (inserted in Art 19(1)(c)). 2. Included new Directive Principle (Art 43-B) on promotion of co-operative societies. 3. Added new Part IX-B (‘The Co-operative Societies’, Articles 243ZH-243ZT). - Part IX-B contains provisions for incorporation, regulation, winding-up of co-operative societies based on principles of voluntary formation, democratic member control, member-economic participation, autonomous functioning. - Number and Term of Members of Board and its Office Bearers: Board consists of number of directors as state legislature provides (max 21). State legislature provides reservation of 1 seat for SCs/STs & 2 seats for women on board. Term of office for elected members/office bearers is 5 years. - State legislature can make provisions for co-option of persons with experience (banking, management, finance) on board (max 2, no voting right). - Functional directors also board members (excluded from total directors count). - Election of Members of Board: Conducted before board term expiry to ensure new members assume office immediately. - Superintendence, direction, control of electoral rolls preparation & elections to co-operative society vested in body provided by state legislature. - Supersession and Suspension of Board and Interim Management: No board superseded/suspended for >6 months. (Exception: cooperative banks, other than multi-state, max 1 year). - Board superseded/suspended for: persistent default; negligence in duties; prejudicial acts; stalemate in constitution/functions; election body failed to conduct elections. - If superseded, administrator appointed to manage affairs, arranges elections within 6 months. - Audit of Accounts: State legislature can make provisions for maintenance & auditing of accounts (at least once yearly). Lays down minimum qualifications/experience of auditors/firms. - Every society audited by auditor/firm appointed by general body. Appointed from panel approved by state government/authorized body. - Accounts audited within 6 months of financial year close. - Audit report of apex co-operative society laid before state legislature. - Convening of General Body Meetings: State legislature can provide for annual general body meeting within 6 months of financial year close. - Right of a Member to Get Information: State legislature can provide for access to books, information, accounts. Can make provisions to ensure member participation in management. Can provide for co-operative education/training. - Returns: Every society files returns within 6 months of financial year close to authority designated by state government. Returns include: annual report, audited statement of accounts, surplus disposal plan, amendments to by-laws, declaration of general body meeting date/election conduct, other information Registrar requires. - Offences and Penalties: State legislature can make provisions for offences & penalties. Includes commission/omission of acts as offences: wilfully makes false return/furnishes false information; wilfully disobeys summons/requisition/order; employer fails to pay deducted amount within 14 days; officer fails to hand over books/accounts/documents/records/cash/security/property; person adopts corrupt practices before/during/after election. - Application to Multi-state Co-operative Societies: Provisions apply with modification: ‘State Legislature’, ‘State Act’, ‘State Government’ construed as ‘Parliament’, ‘Central Act’, ‘Central Government’. - Application to Union Territories: Provisions apply to UTs. President can direct with exceptions/modifications. - Continuance of Existing Laws: Any law relating to co-operative societies in force inconsistent with Part IX-B continues until amended/repealed or 1 year from commencement (whichever less). |
| Reasons for 97th Amendment | GoI Rationale | - GoI gave reasons for making amendment: 1. Co-operative sector contributed significantly to national economy, achieved voluminous growth. But showed weaknesses in safeguarding members’ interests, fulfilling objects. Instances of indefinite election postponement, nominated office bearers. 2. ‘Co-operative societies’ is State List subject (Entry 32, Seventh Schedule). State legislatures enacted laws. Growth envisaged as part of securing social/economic justice. But performance not up to desired level. Need for reforms felt to keep co-operatives free from outside interferences, ensure autonomous organizational setup, democratic functioning. 3. Central Government committed to ensuring democratic, professional, autonomous, economically sound functioning. Proposed new part to provide provisions covering vital aspects. Expected to ensure autonomous/democratic functioning, accountability to members/stakeholders, deterrence for law violation. | |
| Constitutional Validity of 97th Amendment | Supreme Court Judgment | - Rajendra Shah case (2013): Gujarat HC declared 97th Constitutional Amendment Act (2011) inserting Part IX-B ultra vires Constitution for want of requisite ratification by states (under Art 368). - HC held judgment would not impact amendment to Art 19(1)(c) (fundamental right to form co-operative societies) & insertion of Art 43-B (DP on promotion of co-operative societies). - Supreme Court (2021) upheld Gujarat HC judgment, except to extent it strikes down entirety of Part IX-B. - SC also declared Part IX-B operative only insofar as it concerns multi-state co-operative societies (both within states & UTs). - Articles Related to Co-operative Societies in Table 72.1. | |
| 73. Official Language | Language of the Union | Articles 343-351 (Part XVII) | - Part XVII (Articles 343-351) deals with official language. - Provisions divided into 4 heads: Language of the Union, Regional languages, Language of the judiciary & texts of laws, Special directives. |
| Constitutional Provisions | - Provisions for official language of Union: 1. Hindi written in Devanagari script is official language of Union. Numerals: international form of Indian numerals (not Devanagari form). 2. English language continued for official purposes of Union for 15 years (1950-1965). 3. After 15 years, Parliament can provide for continued use of English. 4. President appoints commission (after 5 years, then 10 years) to recommend on progressive use of Hindi, restrictions on English, other related issues. - Commission consists of chairman & members representing Eighth Schedule languages. 5. Parliament committee examines commission recommendations, reports views to President. - Official Language Commission (1955) appointed by President (B.G. Kher chairman). Reported 1956. Examined by Parliament committee (Gobind Ballabh Pant 1957). No commission appointed 1960. - Official Languages Act (1963): provided for continued use of English (even after 1965) indefinitely. Amended 1967 to make English use compulsory. - English compulsory in certain cases: resolutions, general orders, rules, notifications, administrative/press communications by Central government; contracts/agreements executed by Central government/corporation/company. | ||
| Regional Languages | Constitutional Provisions | - Constitution does not specify official language of states. - Provisions: 1. State legislature can adopt any one or more languages in use in state or Hindi as official language. Until then, English continues. - Most states adopted major regional language. Choice not limited to Eighth Schedule languages. 2. Official language of Union (English) remains link language for communications between Union & states or between states. 2+ states can agree to use Hindi. - Official Languages Act (1963): English used for communication between Union & non-Hindi states. If Hindi used, accompanied by English translation. 3. President can direct (on demand) language spoken by substantial population of state to be officially recognized. Aims to protect linguistic minorities. | |
| Language of the Judiciary and Texts of Laws | Constitutional Provisions | - Provisions dealing with language of courts & legislation: 1. Until Parliament provides otherwise, following in English language only: (a) All proceedings in SC & every HC. (b) Authoritative texts of all bills, acts, ordinances, orders, rules, regulations, bylaws at Central & state levels. 2. Governor of state (with President’s consent) can authorize use of Hindi/other official language in HC proceedings (not judgments, decrees, orders). Judgments/decrees/orders continue in English. 3. State legislature can prescribe use of any language (other than English) for bills, acts, ordinances, orders, rules, regulations, bylaws. Translation in English published. - Official Languages Act (1963): Hindi translation of acts/ordinances/orders/regulations/bylaws published under President’s authority deemed authoritative texts. - Every bill introduced in Parliament is accompanied by Hindi translation. - State acts/ordinances in certain cases have Hindi translation. - Governor (with President’s consent) can authorize Hindi/other official language for HC judgments/decrees/orders (accompanied by English translation). - Parliament has not made provision for Hindi use in SC. SC hears only English petitions/appeals. - Tamil Nadu Government opposed 3-language formula, continued teaching only English & Tamil. | |
| Special Directives | Protection of Linguistic Minorities | - Constitution contains special directives to protect linguistic minorities & promote Hindi. - Provisions for linguistic minorities: 1. Every aggrieved person has right to submit representation for grievance redressal to officer/authority of Union/state in any language used in Union/state. Cannot be rejected for not being in official language. 2. Every state/local authority provides adequate facilities for instruction in mother-tongue at primary stage for linguistic minority children. President can issue necessary directions. 3. President appoints special officer for linguistic minorities to investigate safeguards & report to him. President places reports before Parliament & sends to state government. | |
| Development of Hindi Language | - Constitution imposes duty on Centre to promote spread/development of Hindi as lingua franca of composite culture. - Centre directed to enrich Hindi by assimilating forms, style, expressions from Hindustani & other Eighth Schedule languages; drawing vocabulary primarily from Sanskrit. - Presently, Eighth Schedule specifies 22 languages (originally 14). Sindhi added by 21st Amendment Act (1967); Konkani, Manipuri, Nepali by 71st Amendment Act (1992); Bodo, Dogri, Maithili, Santhali by 92nd Amendment Act (2003). Oriya renamed ‘Odia’ by 96th Amendment Act (2011). - Two objectives of regional languages in Eighth Schedule: members given representation in Official Language Commission; forms/style/expression used for Hindi enrichment. | ||
| Committee of Parliament on Official Language | Establishment & Functions | - Official Languages Act (1963) provided for committee. - Constituted 1976 (after 10 years of Act promulgation). - 30 members (20 LS, 10 RS). - Duty: review progress of Hindi use for Union official purposes, submit report to President. - President places report before each House of Parliament & sends to state governments. - President can issue directions after considering report & state views. - Chairman elected by members. Convention: Union Home Minister elected Chairman. - Reviews progressive use of Hindi in Central government offices (background of Official Language provisions, Act, Rules, circulars/instructions). - Examines other relevant aspects: medium of instruction in schools/colleges/universities; mode of recruitment to Central government services; medium of departmental examination. - Secretariat headed by Secretary of Committee. Subordinate office of Department of Official Language, Ministry of Home Affairs. | |
| Classical Language Status | Benefits | - 2004: GoI decided to create new category of languages: ‘classical languages’. - So far, 6 languages granted status: Tamil (2004), Sanskrit (2005), Telugu (2008), Kannada (2008), Malayalam (2013), Odia (2014). - Benefits available: (i) 2 major international awards for scholars of eminence in Classical Indian Languages awarded annually. (ii) ‘Centre of Excellence for Studies in Classical Languages’ set up. (iii) UGC requested to create Professional Chairs for Classical Languages in Central Universities. - Criteria for Classical Language: high antiquity (1500-2000 years); body of ancient literature/texts (valuable heritage); literary tradition original (not borrowed); classical language/literature distinct from modern forms. - Articles Related to Official Language in Table 73.2. | |
| 74. Public Services | Classification of Services | Three Categories | - Public services (civil services or government services) classified into 3 categories: 1. All-India Services. 2. Central services. 3. State services. - Meaning & composition explained. |
| All-India Services | - Common to both Central & state governments. - Members occupy top/key positions in both, serve by turns. - Presently 3 All-India Services: 1. Indian Administrative Service (IAS) (replaced Indian Civil Service (ICS) 1947). 2. Indian Police Service (IPS) (replaced Indian Police (IP) 1947). 3. Indian Forest Service (IFoS) (established 1966, provision made 1963). - Recognized by Constitution as All-India Services. - Article 312: Parliament can create new All-India Services by Rajya Sabha resolution (2/3 members present & voting). Power given to RS to protect states’ interests. - Members recruited & trained by Central Government. - Controlled jointly by Centre & states (ultimate control with Centre, immediate with states). - Salaries & pensions met by states. Disciplinary action by Central Government only. - Presently 26 state cadres (2 joint cadres: Assam-Meghalaya, Arunachal Pradesh-Goa-Mizoram-UTs (AGMUT)). - All 3 are Class-I (Group-A) Services. - Have 3 categories: Super time scale, Senior scale, Junior scale. - Managed & controlled by 3 different Ministries of Central Government: IAS by Ministry of Personnel, Public Grievances and Pensions; IPS by Ministry of Home Affairs; IFoS by Ministry of Environment, Forest and Climate Change. - Ministry of Personnel, Public Grievances and Pensions (1985) created with 3 departments (Personnel & Training, Administrative Reforms & Public Grievances, Pensions & Pensioners’ Welfare). - DoPT is central personnel agency. - Dr. B.R. Ambedkar: justified All-India Services (maintain high standard, uniformity, liaison/cooperation/coordination/joint action). | ||
| Central Services | - Personnel work under exclusive jurisdiction of Central Government. - Manage specialized (functional & technical) positions in various departments. - Most controlled/managed by respective ministries/departments; few by Ministry of Personnel. - Ministry of Personnel determines general policies. - Before independence: Class I, Class II, Subordinate, Inferior services. - After independence: Subordinate/Inferior replaced by Class III/IV. - 1974: Class I/II/III/IV changed to Group A/B/C/D (Third Pay Commission). - Presently 4 categories: Central Services, Group A; Central Services, Group B; Central Services, Group C; Central Services, Group D. - Group A/B: gazetted officers. Group C/D: non-gazetted. - Number of Group A Central services increasing (presently 66). - Examples: Indian Foreign Service, Indian P&T Accounts & Finance Service, Indian Postal Service, Indian Railway Accounts Service, Indian Railway Personnel Service, Indian Railway Traffic Service, Indian Audit & Accounts Service, Indian Information Service, Indian Defense Accounts Service, Indian Civil Accounts Service, Indian Revenue Service (Income Tax), Indian Revenue Service (Customs & Indirect Taxes), Indian Railway Service of Mechanical Engineers, Indian Railway Service of Electrical Engineers, Indian Railway Service of Engineers, Indian Telecommunication Service, Indian Trade Service. - Indian Foreign Service (IFS): top Central Service in prestige, status, pay. Competes with All-India Services. Next to IAS in ranking, higher pay scale than IPS. Managed by Ministry of External Affairs. Recruits serve missions/embassies abroad. | ||
| State Services | - Personnel work under exclusive jurisdiction of state government. - Hold different positions (general, functional, technical) in departments. - Occupy lower positions than All-India Services members. - Number of services differs state to state. - Common to all states: Civil Service, Police Service, Forest Service, Agricultural Service, Medical Service, Veterinary Service, Fisheries Service, Judicial Service, Public Health Service, Educational Service, Co-operative Service, Registration Service, Sales Tax Service, Jail Service, Service of Engineers. - Named after state (e.g., ‘Andhra Pradesh Civil Service’). - Civil Service: most prestigious. - Classified into 4 categories: Class I (Group-A), Class II (Group-B), Class III (Group-C), Class IV (Group-D). - Class I/II: gazetted. Class III/IV: non-gazetted. - Gazetted officers: names published in Gazette, enjoy privileges. Non-gazetted: names not published. - All-India Services Act (1951): senior posts (not exceeding 33.33%) in IAS, IPS, IFoS filled by promotion of state service officers. - Promotions made on recommendation of selection committee (presided by UPSC Chairman/member). | ||
| Constitutional Provisions | Articles 308-314 (Part XIV) | - Articles 308-314 (Part XIV) contain provisions for All-India services, Central services, state services. | |
| Recruitment and Service Conditions (Article 309) | - Art 309 empowers Parliament & state legislatures to regulate recruitment & conditions of service of persons appointed to public services/posts under Centre/states. - Until laws made, President/governor can make rules. - Recruitment: any method (appointment, selection, deputation, promotion, transfer). - Conditions of service: pay, allowances, increments, leave, promotion, tenure, transfer, deputation, rights, disciplinary action, holidays, hours of work, retirement benefits (pension, provident fund, gratuity). - Parliament/state legislature can impose ‘reasonable’ restrictions on FRs of public servants (integrity, honesty, efficiency, discipline, impartiality, secrecy, neutrality, anonymity, devotion to duty). Mentioned in conduct rules (Central Services (Conduct) Rules, Railway Services (Conduct) Rules). | ||
| Tenure of Office (Doctrine of Pleasure) (Article 310) | - Article 310: members of defense services, civil services of Centre, All-India services, military posts, civil posts hold office during pleasure of the President. - Members of civil services of state, civil posts under state hold office during pleasure of the governor. - ‘Civil post’: appointment/office/employment on civil side (distinguished from military). - Exception to pleasure doctrine: President/governor can provide for compensation to person (if post abolished before contractual period, or required to vacate for non-misconduct reasons). - Contract made only with new entrant, not already member of defense service, civil service. - ‘Dismissal’ vs. ‘Removal’: former disqualifies for future employment, latter does not. | ||
| Safeguards to Civil Servants (Article 311) | - Art 311 places 2 restrictions on ‘doctrine of pleasure’. Provides 2 safeguards against arbitrary dismissal: (a) Cannot be dismissed/removed by authority subordinate to appointing authority. (b) Cannot be dismissed/removed/reduced in rank except after inquiry (informed of charges, given reasonable opportunity of being heard). - Safeguards available to members of civil services of Centre, All-India services, civil services of state, or persons holding civil posts under Centre/state. - Not available to members of defense services or military posts. - Exceptions to inquiry safeguard: (a) Convicted on criminal charge. (b) Appointing authority satisfied inquiry not practicable. (c) President/governor satisfied in interest of state security. - Originally, opportunity given at 2 stages (inquiry, punishment). 42nd Amendment Act (1976) abolished second opportunity. - Present position: if dismissal/removal/reduction proposed after inquiry, imposed based on evidence without second opportunity. - Supreme Court: ‘reasonable opportunity of being heard’ includes: opportunity to deny guilt/establish innocence (told charges/allegations); defend by cross-examining witnesses; disciplinary authority supplies inquiry officer’s report copy for observations/comments. | ||
| All-India Services (Article 312) | - Art 312 makes following provisions: (a) Parliament can create new All-India Services (including All-India judicial service) if RS passes resolution (necessary in national interest, 2/3 members present & voting). Power given to RS to protect states’ interests. (b) Parliament can regulate recruitment & conditions of service of All-India services (All-India Services Act 1951). (c) Services known at Constitution commencement (Jan 26, 1950) as IAS & IPS deemed created by Parliament. (d) All-India judicial service not to include post inferior to district judge. Law for creation not deemed amendment under Art 368. - 42nd Amendment Act (1976) made provision for creation of All-India judicial service (no such law made so far). | ||
| Other Provisions | - Article 312A (inserted by 28th Amendment Act 1972): confers powers on Parliament to vary/revoke conditions of service of persons appointed to civil service of Crown in India before 1950. - Article 313: deals with transitional provisions. All laws in force before 1950 applicable to public service continue. - Article 314: provision for protection of existing officers of certain services (repealed by 28th Amendment Act 1972). - Articles Related to Public Services in Table 74.1. | ||
| 75. Rights and Liabilities of the Government | Property of the Union and the States | Articles 294-300 (Part XII) | - Articles 294-300 (Part XII) deal with property, contracts, rights, liabilities, suits of Union & states. - Constitution makes Union & states as juristic (legal) persons. |
| Succession (Article 294, 295) | - All property/assets vested in Dominion of India or province/princely state before Constitution commencement became vested in Union or corresponding state. - All rights/liabilities/obligations of dominion/province/princely state became rights/liabilities/obligations of GoI or corresponding state. | ||
| Escheat, Lapse and Bona Vacantia (Article 296) | - Any property in India accruing to King of England or ruler of princely state by escheat (death intestate without heir), lapse (termination of rights), or bona vacantia (found without owner) now vests in state (if property situated there) or Union (other cases). - Property accrues to government as no rightful owner. | ||
| Sea-Wealth (Article 297) | - All lands, minerals, other things of value under ocean waters within territorial waters of India, continental shelf, exclusive economic zone vest in Union. - State near ocean cannot claim jurisdiction. - India’s territorial waters: 12 nautical miles from baseline. - Exclusive economic zone: up to 200 nautical miles. - Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 passed by Parliament after 40th Constitutional Amendment Act, 1976. | ||
| Compulsory Acquisition by Law (Article 300A) | - Parliament & state legislatures empowered to make laws for compulsory acquisition/requisitioning of private property. - 44th Amendment Act (1978) abolished constitutional obligation to pay compensation (except 2 cases): (a) Government acquires property of minority educational institution. (b) Government acquires land held by person under personal cultivation & within statutory ceiling limits. - First provision added by 44th Amendment Act (1978); second by 17th Amendment Act (1964). | ||
| Suits by or Against the Government | Article 300 | - Art 300 deals with suits by/against GoI. - GoI can sue/be sued by name of Union of India. - State government can sue/be sued by name of state. - Union & states are legal entities (juristic personalities) for suits/proceedings. - Extent of governmental liability: Union/states can sue/be sued in relation to affairs as dominion/provinces/Indian states could before Constitution. - Provision subject to Parliament/state legislature law (no such law enacted). - Present position: same as before Constitution. - Pre-Constitution period: government suable for contracts, not torts (wrongs by servants in sovereign functions). | |
| Liability for Contracts | - Union/state can enter contracts for property acquisition/holding/disposal, or trade/business. - 3 conditions for contracts (mandatory): (a) Expressed to be made by President/governor. (b) Executed on behalf of President/governor. (c) Executed by person/manner President/governor directs. - Failure to comply nullifies contracts, renders them void/unenforceable. - President/governor not personally liable. Officer executing contract not personally liable. - Immunity purely personal, does not immunize government from contractual liability. - Contractual liability same as individual under ordinary contract law (since East India Company days). | ||
| Liability for Torts | - East India Company: trading body, then sovereign authority. Suable for trading functions, not sovereign. - Immunity based on English Common Law maxim: ‘King can do no wrong’ (King not liable for servants’ wrongs). - British Crown immunity done away with by Crown Proceedings Act (1947). - Position in India still same. - Government (Union/states) suable for torts committed by officials only in exercise of non-sovereign functions (not sovereign functions like justice administration, military road construction, commandeering goods). - Distinction between sovereign & non-sovereign functions established in P and O Steam Navigation Company case (1861). Reaffirmed by SC in Kasturilal case (1964). - After Kasturilal, SC started restrictive interpretation of sovereign functions, awarded compensation. - Nagendra Rao case (1994): SC criticized sovereign immunity doctrine, adopted liberal approach. Ruled State liable to pay compensation for damage by negligent act of servants. Held distinction between sovereign & non-sovereign functions does not exist. - Laid down: no civilized system allows executive to act as sovereign without liability. Public interest changed. No legal/political system places State above law. Contrary to modern jurisprudence. Need to reconcile State’s needs, officials’ duty, citizens’ rights. State cannot claim immunity (except justice administration, law/order maintenance, crime repression). - Common Cause case (1999): SC again examined doctrine, rejected sovereign immunity rule. Rule of State liability very outmoded. State activities increased, difficult to draw line. State liability co-extensive with modern welfare State concept. State liable for all tortuous acts of employees (sovereign/non-sovereign). Efficacy of Kasturilal eroded. - Prisoner’s Murder case (2000): Kasturilal paled into insignificance in judicial advancement. | ||
| Suits Against Public Officials | President and Governor | - Constitution confers immunities to President & governors for official & personal acts. (a) Official Acts: Cannot be sued during/after term for acts done in official capacity. Official conduct can be reviewed by court/tribunal/body authorized by Parliament for impeachment. Aggrieved can bring proceedings against Union/state instead. (b) Personal Acts: No criminal proceedings/arrest/imprisonment during term. Civil proceedings can be started during term after 2 months advance notice. - In Britain: ministers countersign official acts of crown, held liable. | |
| Ministers | - Constitution does not grant immunity for official acts. - Not required to countersign President’s/governor’s official acts. - Courts barred from inquiring into ministerial advice. - Not liable for official acts done on President’s/governor’s advice. - Do not enjoy immunity for personal acts. Can be sued for crimes/torts in ordinary courts. | ||
| Judicial Officers | - Enjoy immunity for official acts. Cannot be sued. - Judicial Officers Protection Act (1850): ‘no judge, magistrate, justice of peace, collector or other person acting judicially shall be liable to be sued in any civil court for any act done by him in the discharge of his official duty’. | ||
| Civil Servants | - Conferred personal immunity from legal liability for official contracts. - Civil servant making contract in official capacity not personally liable; government liable. - If contract made without complying constitutional conditions, civil servant personally liable. - Enjoy immunity for tortious acts in sovereign functions of government. - For other cases (torts/illegal acts), liability same as ordinary citizen. - Civil proceedings instituted after 2 months advance notice for official capacity acts. No notice for acts outside official duties. - Criminal proceedings instituted for official capacity acts with President’s/governor’s prior permission. - Articles Related to Rights and Liabilities of the Government in Table 75.1. | ||
| 76. Special Provisions Relating to Certain Classes | Rationale of Special Provisions | Objectives | - To realize equality & justice (Preamble). - Constitution makes special provisions for SCs, STs, backward classes (BCs), Anglo-Indians. - Contained in Part XVI (Articles 330-342A). - Related to: Reservation in Legislatures, Special Representation in Legislatures, Reservation in Services & Posts, Educational Grants, Appointment of National Commissions, Appointment of Commissions of Investigation. - Classified into 2 broad categories: (a) Permanent & Temporary: Some permanent features, others for specified period. (b) Protective & Developmental: Some protect from injustice/exploitation, others promote socio-economic interests. |
| Specification of Classes | President’s Power | - Constitution does not specify castes/tribes to be called SCs/STs. - President has power to specify castes/tribes in each state/UT as SCs/STs. - Lists vary state to state, UT to UT. - Inclusion/exclusion done only by Parliament (not subsequent Presidential notification). - Presidential orders amended by Parliament (Scheduled Castes and Scheduled Tribes Orders (Amendment) Act 1956, 1976, subsequent years). - Constitution not specified socially & educationally backward classes (OBCs). - 102nd Amendment Act (2018): President can specify socially & educationally backward classes for purposes of Constitution in relation to state/UT. - 105th Amendment Act (2021): modified above provision. President can specify for Central government list. State/UT can prepare/maintain own list by law. - Anglo-Indian Community: Constitution defined ‘Anglo-Indian’ (person whose father/male progenitor of European descent, domiciled in India, born in India of habitually resident parents, not established for temporary purposes). | |
| Special Provisions for SCs and STs | Reservation for SCs and STs in Legislatures | - Seats reserved for SCs/STs in Lok Sabha & state legislative assemblies based on population ratios. - Originally 10 years (till 1960); extended continuously by 10 years each time. Now till 2030 (104th Amendment Act 2019). - 104th Amendment Act (2019) discontinued special representation of Anglo-Indian community in LS & state assemblies by nomination (ceased Jan 25, 2020). - Claims of SCs and STs to Services and Posts (Art 335): claims considered in appointments to public services of Centre/states (without sacrificing efficiency). - 82nd Amendment Act (2000): allows provision for SCs/STs for relaxation in qualifying marks/lowering standards of evaluation in promotions (for Centre/states). - National Commissions for SCs and STs: President sets up National Commission for SCs (Art 338) & National Commission for STs (Art 338-A) to investigate safeguards & report to President. - President places reports before Parliament (with action taken memorandum). - Previously, combined National Commission for SCs & STs. 89th Constitutional Amendment Act (2003) bifurcated. - Control of the Union over the Administration of Scheduled Areas and the Welfare of STs: President appoints commission to report on administration of scheduled areas & welfare of STs. Centre’s executive power extends to states for ST welfare schemes. | |
| Special Provisions for BCs | National Commission for BCs | - National Commission for BCs (NCBC) set up 1993 (by Act of Parliament). - 102nd Amendment Act (2018) conferred constitutional status. Inserted new Art 338-B. - President sets up NCBC to investigate constitutional safeguards for socially & educationally BCs & report to him. - President places reports before Parliament (with action taken memorandum). - Appointment of a Commission to Investigate the Conditions of BCs (Art 340): President can appoint commission to investigate conditions of socially & educationally backward classes, recommend improvement steps. - President places report before Parliament (with action taken memorandum). - Two commissions appointed so far: 1. First BC Commission (1953, Kaka Kalelkar). Report (1955): recommendations vague, impractical, sharp division on criterion. No action. 2. Second BC Commission (1979, B.P. Mandal). Report (1980): recommended 27% government jobs reservation for OBCs. Unattended till 1990. V.P. Singh GoI declared 27% reservation. | |
| Special Provisions for Anglo-Indians | Special Representation for Anglo-Indians in Legislatures | - Before 2020, President nominated 2 members from Anglo-Indian community to Lok Sabha if not adequately represented. - Before 2020, Governor nominated 1 member to state LA if not adequately represented. - Originally 10 years (till 1960); extended continuously. Last extension till 2020 by 95th Amendment Act (2009). - 104th Amendment Act (2019) did not extend operation of this provision. Discontinued special representation (ceased Jan 25, 2020). - Special Provision in Services and Educational Grants for Anglo-Indians: Before independence, certain posts reserved for Anglo-Indians in railway, customs, postal, telegraph services. Anglo-Indian educational institutions given special grants by Centre/states. - Benefits allowed to continue on progressive diminution basis, ended 1960. - National Commission for SCs vis-a-vis Anglo-Indians: NCSC also required to discharge similar functions for Anglo-Indian Community (investigate safeguards, report to President). | |
| Articles Related to Special Provisions for Certain Classes | Table 76.1 | - Articles Related to Special Provisions for Certain Classes in Table 76.1. | |
| 77. Special Provisions for Some States | Provisions for Maharashtra and Gujarat | Article 371 | - Articles 371-371J (Part XXI) contain special provisions for 12 states: Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka. - Intention: meet aspirations of backward regions, protect cultural/economic interests of tribal people, deal with disturbed law/order, protect local people’s interests. - Originally no special provisions; incorporated by amendments (state reorganization, statehood). - Article 371: President authorized to provide Governor of Maharashtra & Gujarat special responsibility for: 1. Establishment of separate development boards (Vidarbha, Marathwada, rest of Maharashtra; Saurashtra, Kutch, rest of Gujarat). 2. Report on working of boards placed yearly before state LA. 3. Equitable allocation of funds for developmental expenditure. 4. Equitable arrangement for technical education/vocational training, employment opportunities in state services. - Art 371 amended by 7th Constitutional Amendment Act (1956) & Bombay Reorganisation Act (1960). Andhra Pradesh taken out by 32nd Constitutional Amendment Act (1973), provided separately in new Art 371D & 371E. |
| Provisions for Nagaland | Article 371A | - Article 371A (added by 13th Constitutional Amendment Act 1962) makes following special provisions: 1. Parliament Acts on following matters not apply to Nagaland unless state LA decides: (i) Religious/social practices of Nagas. (ii) Naga customary law & procedure. (iii) Administration of civil/criminal justice (Naga customary law). (iv) Ownership & transfer of land/resources. 2. Governor of Nagaland has special responsibility for law & order (as long as internal disturbances continue). Governor acts in discretion (after consulting Council of Ministers). Responsibility ceases when President directs. 3. Governor ensures Central government money for specific purpose included in demand for grant, not other demand. 4. Regional council (35 members) established for Thensang district. Governor makes rules for composition, choosing members, qualifications, term, salaries/allowances, procedure, business conduct, officers/staff appointment, service conditions. 5. For 10 years from Nagaland formation (or further period Governor specifies on regional council recommendation), following provisions operative for Thensang district: (i) Administration by Governor. (ii) Governor in discretion arranges equitable money distribution (Centre money) between Thensang & rest of Nagaland. (iii) Nagaland LA Act not apply to Thensang unless Governor directs (on regional council recommendation). (iv) Governor can make Regulations for peace/progress/good government of Thensang. Regulation can repeal/amend Parliament/state legislature act. (v) Minister for Thensang affairs in State Council of Ministers (appointed from Thensang members in Nagaland LA). (vi) Final decision on Thensang matters by Governor in discretion. (vii) Members in Nagaland LA from Thensang not directly elected by people, but by regional council. | |
| Provisions for Assam and Manipur | Assam (Article 371B) | - Article 371B (added by 22nd Constitutional Amendment Act 1969) empowers President to provide for creation of committee of Assam LA. - Consists of members elected from Tribal Areas of state & other members specified by President. | |
| Manipur (Article 371C) | - Article 371C (added by 27th Constitutional Amendment Act 1971) makes following special provisions: 1. President authorized to provide for creation of committee of Manipur LA (members elected from Hill Areas). 2. President can direct Governor to have special responsibility for proper functioning of committee. 3. Governor submits annual report to President on administration of Hill Areas. 4. Central Government can give directions to State Government on administration of Hill Areas. - ‘Hill Areas’: areas President declares by order. | ||
| Provisions for Andhra Pradesh or Telangana | Articles 371D and 371E | - Articles 371D & 371E (added by 32nd Constitutional Amendment Act 1973) contain special provisions for Andhra Pradesh. - 2014: Art 371D extended to Telangana by Andhra Pradesh Reorganisation Act, 2014. - Article 371D: 1. President empowered to provide for equitable opportunities/facilities for people from different parts of state in public employment/education. Can make different provisions for various parts. 2. President can require State Government to organize civil posts in local cadres for different parts, provide for direct recruitment. - President can specify parts of state as local area for admission to educational institution. Can specify extent/manner of preference/reservation in direct recruitment/admission. 3. President can provide for establishment of Administrative Tribunal in state to deal with disputes/grievances on appointment, allotment, promotion to civil posts. Tribunal functions outside state HC purview. No court (except SC) exercises jurisdiction over matters subject to tribunal. President can abolish tribunal if continued existence unnecessary. - Article 371E: empowers Parliament to provide for establishment of Central University in state of Andhra Pradesh. | |
| Provisions for Sikkim | Article 371F | - 36th Constitutional Amendment Act (1975) made Sikkim full-fledged state. Included new Article 371F. - Provisions: 1. Sikkim LA to consist of not less than 30 members. 2. 1 seat allotted to Sikkim in Lok Sabha. Sikkim forms 1 Parliamentary constituency. 3. For protecting rights/interests of different sections of Sikkim population, Parliament empowered to provide for: (i) Number of seats in Sikkim LA filled by candidates from such sections. (ii) Delimitation of Assembly constituencies from which candidates from such sections alone can stand. 4. Governor has special responsibility for peace & equitable arrangement for social/economic advancement of different sections. Governor acts in discretion. Responsibility ceases when President directs. 5. President can extend (with restrictions/modifications) any law in force in Indian Union to Sikkim. | |
| Provisions for Mizoram | Article 371G | - Article 371G (added by 53rd Constitutional Amendment Act 1986) specifies following special provisions: 1. Parliament Acts on following matters not apply to Mizoram unless state LA decides: (i) Religious/social practices of Mizos. (ii) Mizo customary law & procedure. (iii) Administration of civil/criminal justice (Mizo customary law). (iv) Ownership & transfer of land. 2. Mizoram LA to consist of not less than 40 members. - Mizoram Peace Accord (1986) signed between GoI & Mizo National Front. | |
| Provisions for Arunachal Pradesh and Goa | Arunachal Pradesh (Article 371H) | - Article 371H (added by 55th Constitutional Amendment Act 1986) makes following special provisions: 1. Governor of Arunachal Pradesh has special responsibility for law & order. Governor acts in discretion. Responsibility ceases when President directs. 2. Arunachal Pradesh LA to consist of not less than 30 members. - Goa (Article 371I): Article 371I (added by 56th Constitutional Amendment Act 1987) provides Goa LA to consist of not less than 30 members. - Articles Related to Special Provisions for some States in Table 77.1. | |
| Provisions for Karnataka | Article 371J | - Article 371J (added by 98th Constitutional Amendment Act 2012) provides President empowered to provide Governor of Karnataka special responsibility for: 1. Establishment of separate development board for Hyderabad-Karnataka region. 2. Report on working of board placed yearly before state LA. 3. Equitable allocation of funds for developmental expenditure. 4. Reservation of seats in educational/vocational training institutions for students from region. 5. Reservation in state government posts for persons from region. - Hyderabad-Karnataka region includes 6 backward districts of Northern Karnataka: Gulbarga, Bidar, Raichur, Koppal, Yadgir, Bellary. - Special provisions aim to establish institutional mechanism for equitable allocation of funds, enhance human resources, promote employment, reservation in education/training. | |
| 78. Political Parties | Meaning and Types | Definition | - Voluntary associations or organized groups. - Share same political views. - Try to gain political power through constitutional means. - Desire to work for promoting national interest. - 4 types in modern democratic states: (i) Reactionary parties: cling to old socio-economic/political institutions. (ii) Conservative parties: believe in status-quo. (iii) Liberal parties: aim at reforming existing institutions. (iv) Radical parties: aim at establishing new order by overthrowing existing institutions. - Classification by ideologies: radical (leftist), liberal (centrist), reactionary/conservative (rightist). - Examples: CPI/CPM (leftist), Congress (centrist), BJP (rightist). |
| Party System in India | Characteristic Features | - India has largest number of political parties. - All categories of parties exist. - Led to common phenomena of hung Parliaments/assemblies, coalition governments. - Multi-Party System: Due to continental size, diversified society, adult franchise. - One-Dominant Party System: Congress dominated for long period. Rajni Kothari: called it ‘one party dominance system’ or ‘Congress system’. Dominant position declined since 1967 with rise of regional parties (Janata 1977, Janata Dal 1989, BJP 1991), leading to competitive multi-party system. - Lack of Clear Ideology: Except BJP, CPI, CPM, other parties lack clear ideology. Resemble each other in policies/programs. Advocate democracy, secularism, socialism, Gandhism. Guided by power capture. Politics issue-based, not ideology/pragmatism. - Personality Cult: Parties organized around eminent leader. Leader more important than party/ideology. Parties known by leaders, not manifesto. ‘Political personalities’. - Based on Traditional Factors: Unlike Western countries (socio-economic program), Indian parties formed on religion, caste, language, culture, race. Promote communal/sectional interests, undermine public interest. - Emergence of Regional Parties: Significant feature. Growing role. Ruling parties in states. Confined to regional politics initially. Now significant role in national politics (coalition governments). - Factions and Defections: Factionalism, defections, splits, mergers, fragmentation, polarization. Politicians leave party for power/material considerations. Defections gained currency after 1967 elections. Caused political instability, party disintegration. | |
| Recognition of National and State Parties | Election Commission’s Role | - EC registers political parties for elections, grants recognition as national or state parties based on poll performance. - Other parties declared registered unrecognised parties. - Recognition determines right to privileges: allocation of party symbols, time for political broadcasts (state-owned TV/radio), access to electoral rolls. - National party allotted symbol exclusively reserved nationwide. - State party allotted symbol exclusively reserved in state. - Registered unrecognised party selects symbol from free symbols list. - EC specifies ‘reserved symbols’ (for recognized parties) & ‘free symbols’ (for others). | |
| Conditions for Recognition as a National Party | - Party recognized as national if any of following conditions met: 1. Secures 6% valid votes polled in 4+ states at LS/LA general election + wins 4 LS seats from any state. 2. Wins 2% of LS seats at general election + candidates elected from 3+ states. 3. Recognized as state party in 4 states. - Number of recognized parties changes based on performance. - On eve of 17th Lok Sabha (2019): 7 national parties, 52 state parties. - Political Parties (Chronological Order) in Table 78.1. | ||
| Conditions for Recognition as a State Party | - Party recognized as state party in state if any of following conditions met: 1. Secures 6% valid votes polled in state at LA general election + wins 2 LA seats in state. 2. Secures 6% valid votes polled in state at LS general election + wins 1 LS seat from state. 3. Wins 3% of LA seats at general election or 3 seats (whichever more). 4. Wins 1 LS seat for every 25 LS seats allotted to state (or any fraction thereof). 5. Secures 8% of total valid votes polled in state at LS/LA general election. | ||
| 79. Role of Regional Parties | Features | Characteristics | - Important feature of Indian Political System. - Vital role at local, state, national levels (especially in coalition politics era). - Features: 1. Generally operates within particular state or specific region. Limited electoral base. 2. Articulates regional interests, identifies with particular cultural, religious, linguistic, ethnic group. 3. Primarily concerned with exploiting local discontent, preserving primordial demands (language, caste, community, region). 4. Focuses on local/regional issues, aims to capture political power at state level. 5. Political desire for greater regional autonomy of states. - Stanley A. Kochnock: observed regionalism in India. - P.R. Brass: ‘Politics of India Since Independence’. |
| Classification | Four Categories | - 4 categories: 1. Based on regional culture/ethnicity: Shiromani Akali Dal, National Conference, DMK, Telugu Desam, Shiv Sena, Asom Gana Parishad. 2. All-India outlook, lack national electoral base: Samajwadi Party, Nationalist Congress Party. 3. Formed by split in national parties: Biju Janata Dal, Rashtriya Janata Dal, Trinamool Congress, YSR Congress. 4. Formed by individual leaders (charismatic personality): personalized parties, short-lived. | |
| Rise | Reasons | - Multiple reasons: 1. Cultural & ethnic pluralism of Indian society. 2. Economic disparities & regional imbalances. 3. Desire of certain sections/areas to maintain separate identity (historical factors). 4. Self-interest of deposed Maharajas & dispossessed Zamindars. 5. Failure of national parties to meet regional aspirations. 6. Reorganization of states on language basis. 7. Charismatic personality of regional leaders. 8. Factional fights within larger parties. 9. Centralizing tendencies of Congress party. 10. Absence of strong opposition party at central level. 11. Role of caste & religion in political process. 12. Alienation & discontentment among tribal groups. | |
| Role | Impact on Indian Politics | - 9 points: 1. Provided better governance & stable government at regional level. 2. Posed challenge to one-party dominant system (decline of Congress). 3. Strong impact on nature/course of Centre-state relations. Made central leadership responsive to regional actors. 4. Made politics more competitive, popular participation more extensive. 5. Widened choice for voters. 6. Increased political consciousness, interest in politics. Bring local/regional issues to attention. 7. Check against dictatorial tendencies of central government. Opposed ruling Congress, forced reasonableness. 8. Significant contribution to parliamentary democracy. Minority has say. Ruling parties in states, opposition parties at Centre. 9. Succeeded in exposing partisan role of Governors (appointment/dismissal of CM, ordinances, reservation of bills). 10. Important role in national politics after coalition era. Joined coalition governments, shared power. | |
| Dysfunctions | Negative Points | - Negative points: 1. Given more importance to regional interests than national. 2. Encouraged regionalism, casteism, linguism, communalism, tribalism (hurdles to national integration). 3. Responsible for unresolution of inter-state water disputes, inter-state border disputes, other inter-state issues. 4. Indulged in corruption, nepotism, favoritism, other forms of power misutilization. 5. Focused on populist schemes/measures to expand/strengthen electoral base. Adversely affected state economy/development. 6. Bring regional factors into decision-making/policy-making by coalition government at Centre. Force central leadership to yield to demands. | |
| 80. Elections | Electoral System | Articles 324-329 (Part XV) | - Articles 324-329 (Part XV) make provisions for electoral system. 1. Independent Election Commission (Art 324): ensures free/fair elections to Parliament, state legislatures, President, Vice-President. 2. Single general electoral roll: for every territorial constituency for Parliament & state legislatures. Abolished communal representation & separate electorates. 3. No ineligibility for electoral roll on grounds only of religion, race, caste, sex. Equality to every citizen in electoral franchise. 4. Adult franchise: elections to LS & state assemblies on adult franchise basis. Every citizen 18 years (reduced from 21 by 61st Amendment Act 1988, effective March 28, 1989) entitled to vote (if not disqualified). 5. Parliament can make provisions for all matters related to elections to Parliament & state legislatures (electoral rolls, delimitation, other matters). 6. State legislatures can make provisions for all matters related to elections to state legislatures (electoral rolls, other matters), supplementing parliamentary law. 7. Bar to Interference by Courts in Electoral Matters: Constitution declares validity of law on delimitation/seat allotment not questioned in court. Orders of Delimitation Commission final, cannot be challenged. |
| Election Machinery | ECI & Other Officers | - Election Commission of India (ECI): Under Art 324, vested with superintendence, direction, control of elections to LS & state LAs. 3-member body (CEC, 2 ECs). President appoints. - Chief Electoral Officer (CEO): Of State/UT. Authorized to supervise election work. Nominated/designated by ECI in consultation with state government/UT Administration. - District Election Officer (DEO): Supervises election work in district. Nominated/designated by ECI in consultation with state government. - Returning Officer (RO): Of Parliamentary/assembly constituency. Responsible for conduct of elections. Nominated/designated by ECI in consultation with state government/UT Administration. - Electoral Registration Officer (ERO): Responsible for preparation of electoral rolls. Appointed by ECI in consultation with state government/local authorities. - Presiding Officer: Conducts poll at polling station (with polling officers). Appointed by DEO. (In UTs, by RO). - Observers: ECI nominates government officers as Observers for Parliamentary/Assembly Constituencies. 4 kinds: 1. General Observers: deployed in adequate numbers for smooth conduct of elections. Watch every stage. 2. Expenditure Observers: monitor election expenditure of candidates. 3. Police Observers: IPS officers deployed at State/District levels (depending on constituency sensitivity). Monitor force deployment, law/order, coordinate civil/police administration. 4. Micro Observers: deployed in critical/vulnerable polling stations. Chosen from Central Government/Central PSUs officials. Observe poll proceedings from mock poll to EVM/VVPAT sealing. Report to General Observers. - Handbook for Media - General Elections to the 17th Lok Sabha (2019). | |
| Election Process | Time of Elections | - LS & state LA elections every 5 years (unless called earlier). - President can dissolve LS, call general election if government loses confidence. - Schedule of Elections: ECI announces schedule few weeks before formal process. Model Code of Conduct comes into effect. - Formal process starts with Notification (calling electorate to elect Members). Candidates file nominations. Scrutinized. Validly nominated can withdraw. | |
| Oath or Affirmation | - Candidate makes oath/affirmation before authorized officer (RO, Assistant RO). - Swears to: bear true faith/allegiance to Constitution; uphold sovereignty/integrity; faithfully discharge duty. - Made immediately after presenting nomination papers, or not later than day previous to scrutiny. | ||
| Election Campaign and Model Code | - Campaign period: parties put forward candidates/arguments. Lasts 2 weeks from nomination list, ends 48 hours before polling. - Parties/candidates abide by Model Code of Conduct (evolved by ECI based on consensus). - Guidelines for healthy campaign, avoiding clashes/conflicts, ensuring peace/order. - Guidelines for ruling party (Centre/state) for level playing field, no official position misuse. - Once election called, parties issue manifestos (programs, leaders’ strengths, opponents’ failures). - Rallies/meetings held. | ||
| Polling Days | - Normally held on number of different days in constituencies. - Security forces & monitors ensure law/order, fair voting. | ||
| Ballot Papers and Symbols | - After nomination, RO prepares list of candidates, prints ballot papers. - Ballot papers: names (languages set by EC), symbols. - Recognized parties allotted party symbols. - Since 1998, ECI increasingly used Electronic Voting Machines (EVMs) instead of ballot boxes. - 2003: all state elections & by-elections used EVMs. - 2004: ECI decided to use only EVMs for LS election (>1 million EVMs used). - Electronic Voting Machine (EVM): simple electronic device to record votes. Advantages: eliminates invalid/doubtful votes, faster counting, reduces paper (eco-friendly), reduces printing cost. | ||
| Counting of Votes | - After polling, votes counted under RO & Observer supervision. - RO declares winner (candidate with largest votes). | ||
| Elections to the Lok Sabha | - Carried out using first-past-the-post electoral system. - Country split into constituencies. Electors cast one vote for candidate, winner gets maximum votes. - Elections to the State Assemblies: Carried out similarly. States/UTs divided into single-member constituencies. | ||
| Election Petitions | - Elector/candidate can file election petition if malpractice during election. - Not ordinary civil suit, but contest involving whole constituency. - Tried by High Court. - If upheld, can lead to restaging election. - Till now, 17 general elections held to LS. Results in Table 80.1. - Articles Related to Elections in Table 80.2. | ||
| 81. Election Laws | Representation of the People Act, 1950 | Provisions | - Articles 81 & 170: max seats in Parliament/state LAs, principles for seat allocation. - Art 171: max/min seats in LC, methods for filling seats. - Act enacted to provide for: allocation of seats in LS, LAs, LCs; delimitation of constituencies (after EC consultation); registration of electors for Parliamentary/Council constituencies; qualifications/disqualifications for registration. - Other provisions: 1. Election officers (CEO, DEO, ERO). 2. Manner of filling seats in Council of States by UT representatives. 3. Local authorities for state LC elections. 4. Barring civil courts jurisdiction. |
| Representation of the People Act, 1951 | Provisions | - 1950 Act did not contain all election provisions. - Left actual conduct, qualifications/disqualifications for membership, corrupt practices, election offences, dispute decision to subsequent measure. - Act enacted to provide for these provisions. | |
| Delimitation Act, 2002 | Provisions | - Articles 82 & 170: readjustment & division of states into territorial constituencies (Parliamentary/Assembly) on 2001 census basis. - Articles 330 & 332: re-fixing reserved seats for SCs/STs in LS/LAs on 2001 census basis. - Previous delimitation based on 1971 census (uneven population growth). - Act enacted to set up Delimitation Commission for delimitation on 2001 census basis, correct distortions. | |
| Other Acts Relating to Elections | Laws | - 3 laws: 1. Parliament (Prevention of Disqualification) Act, 1959: declares certain offices of profit under GoI not to disqualify holders for MP. 2. Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976: provides for inclusion/exclusion of castes/tribes in lists, for readjustment. 3. Presidential and Vice-Presidential Elections Act, 1952: regulates matters related to President/VP elections. | |
| Rules Relating to Elections | Laws | - 5 rules: 1. Registration of Electors Rules, 1960: preparation & publication of electoral rolls. 2. Conduct of Elections Rules, 1961: fair & free elections to Parliament/state legislatures. 3. Prohibition of Simultaneous Membership Rules, 1950. 4. Members of Lok Sabha (Disqualification on Ground of Defection) Rules, 1985. 5. Members of Rajya Sabha (Disqualification on Ground of Defection) Rules, 1985. - Presidential and Vice-Presidential Elections Rules, 1974. - Members of Lok Sabha (Declaration of Assets and Liabilities) Rules, 2004. - Members of Rajya Sabha (Declaration of Assets and Liabilities) Rules, 2004. - Election Symbols (Reservation and Allotment) Order, 1968: specification, reservation, choice, allotment of symbols for elections, party recognition. - Registration of Political Parties (Furnishing of Additional Particulars) Order, 1992: furnishing of additional particulars by associations/bodies seeking registration as political party. | |
| 82. Electoral Reforms | Committees Related to Electoral Reforms | List of Committees | - Various committees/commissions examined electoral system, machinery, process, suggested reforms: 1. Joint Parliamentary Committee on Amendments to Election Laws (1971-72). 2. Tarkunde Committee (1974) (Jaya Prakash Narayan, unofficial). Report 1975. 3. Dinesh Goswami Committee on Electoral Reforms (1990). 4. Vohra Committee on the Nexus between Crime and Politics (1993). 5. Election Commission of India Recommendations on Electoral Reforms (1998). 6. Indrajit Gupta Committee on State Funding of Elections (1998). Report 1999. 7. Law Commission of India 170th Report on Reform of the Electoral Laws (1999). 8. National Commission to Review the Working of the Constitution (2000-2002) (M.N. Venkatachaliah). 9. Election Commission of India Report on Proposed Electoral Reforms (2004). 10. Second Administrative Reforms Commission Report on Ethics in Governance (2007) (Veerappa Moily). 11. Tankha Committee (Core Committee) (2010). 12. J.S. Verma Committee Report on Amendments to Criminal Law (2013). 13. Law Commission of India 244th Report on Electoral Disqualifications (2014). 14. Law Commission of India 255th Report on Electoral Reforms (2015). - Reforms introduced based on recommendations. |
| Electoral Reforms Before 1996 | Measures | - Reforms introduced based on recommendations. - 4 heads: Electoral reforms before 1996, Electoral reforms of 1996, Electoral reforms after 1996, Electoral reforms since 2010. - Lowering of Voting Age: From 21 to 18 years for LS/assembly elections (61st Constitutional Amendment Act 1988, effective 1989). To provide opportunity to unrepresented youth. - Deputation to Election Commission: 1989 provision: officers/staff for electoral rolls deemed on deputation to EC. Under EC control/superintendence/discipline. - Increase in Number of Proposers: 1989 provision: proposers for RS/state LC elections increased to 10% of electors or 10 (whichever less). For recognized party candidate, 1 proposer. To discourage non-serious candidates. - Electronic Voting Machines (EVMs): 1989 provision: facilitate EVM use. Used experimentally 1998 (Rajasthan, MP, Delhi assemblies). Used in Goa assembly 1999. | |
| Booth Capturing: 1989 provision: adjournment of poll/countermanding elections for booth capturing. Includes: seizure of polling station/voting machines; taking possession of polling station; allowing only own supporters to vote; threatening/preventing electors; seizure of counting place. - Elector’s Photo Identity Card (EPIC): ECI decision 1993 to issue EPICs nationwide. For simple, smoother, quicker electoral process. Checks bogus voting/impersonation. Electoral roll is basis for EPICs. - 61st Constitutional Amendment Act (1988) reduced voting age from 21 to 18. | |||
| Electoral Reforms of 1996 | Measures | - Dinesh Goswami Committee (1990) appointed by National Front GoI (V.P. Singh). Studied electoral system, suggested remedies. Report 1990. Some recommendations implemented 1996. - Listing of Names of Candidates: Candidates classified into 3 categories: recognized political parties, registered-unrecognized political parties, other (independent). Names listed separately in ballot papers, arranged alphabetically within category. - Disqualification for Insulting the National Honour Act: Convicted for offences under Prevention of Insults to National Honour Act, 1971 disqualified for 6 years from Parliament/state legislature elections. Offences: insulting National Flag, Constitution, preventing singing of National Anthem. - Prohibition on the Sale of Liquor: No liquor/intoxicants sold/given/distributed in polling area during 48 hours ending with poll conclusion. - Number of Proposers: Nomination for Parliamentary/assembly constituency: 10 registered electors (unrecognized party candidate); 1 proposer (recognized party candidate). To discourage non-serious candidates. - Death of a Candidate: Earlier, election countermanded. Now, not countermanded. If deceased candidate from recognized party, party given option to propose another candidate within 7 days. - Time Limit for By-Elections: Held within 6 months of vacancy. Not applicable if remainder term <1 year, or ECI certifies difficult to hold. | |
| Electoral Reforms After 1996 | Measures | - Presidential and Vice Presidential Elections: 1997 reforms. Proposers/seconders for President increased from 10 to 50, for VP from 5 to 20. Security deposit increased from ₹2,500 to ₹15,000. To discourage frivolous candidates. - Requisitioning of Staff for Election Duty: 1998 provision: employees of local authorities, nationalized banks, universities, LIC, government undertakings, government-aided institutions can be requisitioned for election duty. Under EC control/superintendence/discipline. - Voting through Postal Ballot: 1999 provision: certain classes of persons can vote by postal ballot. ECI notifies classes in consultation with government. - Facility to Opt to Vote Through Proxy: 2003 provision: service voters (Armed Forces, Force with Army Act provisions) can opt to vote by proxy. Appoint proxy, intimate RO. - Declaration of Criminal Antecedents, Assets, etc., by Candidates: 2003 ECI order: candidates for Parliament/state LA must furnish information on nomination paper: (i) Convicted/acquitted/discharged in criminal offence in past? Imprisoned/fined? (ii) Accused in pending case (punishable with >2 years imprisonment, charges framed/cognizance taken) within 6 months of nomination? (iii) Assets (immovable, movable, bank balances) of candidate/spouse/dependents. (iv) Liabilities (dues to public financial institution/government). (v) Educational qualifications. - Furnishing false information is electoral offence. - Changes in Rajya Sabha Elections: 2003 reforms: (i) Domicile/residency requirement removed: Candidate need not be elector in state from where elected. Sufficient to be elector in any parliamentary constituency. (ii) Open ballot system introduced: instead of secret ballot. To curb cross-voting, money power. Elector shows ballot paper to nominated agent of party after marking. - Exemption of Travelling Expenditure: 2003 provision: campaigning leaders’ travel expenditure exempted from candidate’s election expenses. - Free Supply of Electoral Rolls, etc.: 2003 provision: GoI supplies free copies of electoral rolls/prescribed material to recognized party candidates. ECI supplies specified items to voters/candidates. - Parties Entitled to Accept Contribution: 2003 provision: political parties can accept any amount from any person/company (not government company). Must report contributions >₹20,000 for income tax relief. Companies get income tax exemption. - Allocation of Time on Electronic Media: 2003 provision: ECI allocates equitable sharing of time on cable TV/electronic media for elections. Based on party’s past performance. - Introduction of Braille Signage Features in EVMs: ECI introduced Braille features for visually impaired voters. Tried in 2004 by-election, 2008 Delhi assembly elections. Introduced in 2009 General Elections. | |
| Electoral Reforms Since 2010 | Measures | - Restrictions Imposed on Exit Polls: 2009 provision: conducting/publishing exit polls prohibited during LS/LA elections. No person conducts/publishes/disseminates exit poll results during notified period. - ‘Exit-poll’: opinion survey on how electors voted or performed for party/candidate. - Time-Limit for Submitting a Case for Disqualification: 2009 provision: simplification of procedure for disqualification for corrupt practices. 3-month time-limit for specified authority to submit case to President. - All Officials Included in Corrupt Practice: 2009 provision: all officials (government service or not) appointed/deputed by EC for elections included in scope of corrupt practice (obtaining assistance for furtherance of prospects). - Increase in Security Deposit: 2009 provision: security deposit for LS candidates increased from ₹10,000 to ₹25,000 (general), from ₹5,000 to ₹10,000 (SC/ST). For state LA candidates: from ₹5,000 to ₹10,000 (general), from ₹2,500 to ₹5,000 (SC/ST). To check multiplicity of non-serious candidates. - Appellate Authority within the District: 2009 provision: appellate authority within district against ERO orders (instead of CEO). Appeal against ERO order now to District Magistrate/Additional District Magistrate/Executive Magistrate/District Collector. Further appeal to CEO. - Voting Rights to Citizens of India Living Abroad: 2010 provision: voting rights conferred to citizens residing outside India. Citizen (not included in electoral roll, not acquired foreign citizenship, absent from India due to employment/education/otherwise) entitled to register name in electoral roll of Parliamentary/Assembly constituency where passport residence is located. - Online Enrolment in the Electoral Roll: 2013 provision: online filing of applications for enrolment. Central Government (after consulting EC) made rules. - Introduction of NOTA Option: ECI provision in ballot papers/EVMs for ‘None of the Above’ option (on SC directions). Voters can exercise right not to vote while maintaining secrecy. Provided since 2013 LA elections, continued in 2014 General Elections. - If NOTA votes > candidate votes, candidate with largest votes still elected. - Introduction of VVPAT: Voter Verifiable Paper Audit Trail is independent system attached with EVMs. Voters verify votes. Slip printed, exposed for 7 seconds, falls into sealed dropbox. Voter can challenge vote based on slip. - Law for using VVPATs amended 2013. - SC (2013) permitted ECI to introduce VVPAT in phased manner, called it ‘indispensable requirement of free and fair elections’. Ensures accuracy. - Persons in Jail or Police Custody Can Contest Elections: SC (2013) upheld Patna HC order: person with no right to vote (in jail/police custody) not elector, thus not qualified to contest elections. To negate this, 2 new provisions included in Representation of People Act 1951: (i) Prohibition to vote (jail/police custody) does not cease person to be elector. (ii) MP/MLA disqualified only if disqualified under Act, not other ground. - Consequently, persons in jail/police custody allowed to contest. - Immediate Disqualification of Convicted MPs and MLAs: SC (2013) held chargesheeted MPs/MLAs, on conviction for offences, immediately disqualified from membership (without 3 months appeal time). Struck down Section 8(4) of Representation of People Act 1951 (violative of Art 14). - CJI: ‘Corruption is an enemy of [the] nation’. - To nullify SC ruling, Representation of People (Second Amendment and Validation) Bill, 2013 introduced (later withdrawn). - Photos of Candidates on EVMs and Ballot Papers: ECI order: ballot papers/EVMs carry candidate picture (with name, party symbol) from May 1, 2015. To avoid confusion (namesakes). - ECI: many cases of namesakes. Appropriate suffixes added. Additional measures needed. - Candidate failing to provide photograph not ground for nomination rejection. - Ceiling on Cash Donations Lowered: 2017 Budget: anonymous cash donations to political party lowered from ₹20,000 to ₹2,000. - Parties not required to inform EC details of donors for <₹2,000. Must keep records for >₹2,000. - Cap on Corporate Contributions Lifted: 2017 Budget: limit on corporate contributions (7.5% of net profit of past 3 financial years) removed. Company can donate any amount. Obligation to report donations in profit/loss account lifted. - Introduction of Electoral Bonds: 2018 Central government notified scheme. Announced in 2017 Budget. Alternative to cash donations. Aims for clean money, transparency in political funding. - Electoral bond: promissory note, bearer banking instrument, no buyer/payee name. - Purchased by citizen/entities incorporated/established in India. - Donations to registered political parties (secured >1% votes in last LS/LA general election). - Encashable by eligible party only through authorized bank account. - Denominations: ₹1,000, ₹10,000, ₹1 lakh, ₹10 lakh, ₹1 crore. - Buyer information confidential, not disclosed to authority (except court demand, criminal case registration). - Foreign Funding Allowed: 2018 Budget: receiving foreign funds by political parties allowed. Amended Foreign Contribution (Regulation) Act, 2010 (modified foreign company definition). - Election Laws (Amendment) Act, 2021: (i) Enabled linking electoral roll data with Aadhaar ecosystem (curb multiple enrolment). (ii) Specified 1st January, 1st April, 1st July, 1st October as qualifying dates for electoral rolls preparation/revision (before, only 1st January). (iii) Allowed spouses of service voters to vote in person or by postal ballot. Substituted ‘wife’ with ‘spouse’ (gender-neutral). (iv) Enabled requisition of premises for counting, voting machine storage, poll-related material, security forces accommodation (before, only for polling stations/ballot boxes storage). Expanded grounds. | |
| 83. Voting Behaviour | Meaning | Electoral Behaviour | - Also ‘electoral behaviour’. Form of political behavior. - Implies voters’ behavior in elections. - Plano and Riggs: ‘field of study concerned with the ways in which people tend to vote in public elections and the reasons why they vote as they do’. - Gordon Marshall: ‘study of voting behaviour invariably focuses on the determinants of why people vote as they do and how they arrive at the decisions they make’. - Oinam Kulabidhu: ‘behaviour that explicitly reflects voter’s choices, preferences, alternatives, ideologies, concerns, agreements, and programmes in respect of various issues, questions pertaining to the society and nation’. |
| Significance | Psephology | - Psephology: branch of political science, scientific study of voting behavior. New term, popularized by American political scientists/sociologists. - ‘Psephos’: classical Greek, piece of pottery for voting. - Significance: 1. Helps comprehend political socialization. 2. Helps examine internalization of democracy (elite, masses). 3. Emphasizes real impact of revolutionary ballot box. 4. Throws light on continuity/break with past electoral politics. 5. Measures modernity/primordiality in political development. - N.G.S. Kini: voting behavior regarded as: mode of legitimizing democratic rule; instancing ‘participation’ in political process (integration into political community); instancing act of decision-making. | |
| Determinants | Factors Influencing Voting | - Indian society highly diversified. - Voting behavior determined/influenced by multiple factors: socio-economic & political. 1. Caste: Important factor. Politicisation of caste/casteism. Parties consider caste in strategies. Rajni Kothari: ‘Indian politics is casteist, and caste is politicised’. - Paul Brass: ‘at the local level, in the country side, by far the most important factor in voting behaviour remains caste solidarity’. Large/important castes back respected member or party. 2. Religion: Significant factor. Political parties indulge in communal propaganda, exploit religious sentiments. Existence of communal parties adds to politicisation. Despite secular nation, religion influence not ignored. 3. Language: Linguistic considerations influence. Parties arouse linguistic feelings. Reorganization of states on language (1956) reflects significance. Rise of DMK, TDP attributed to linguism. 4. Region: Regionalism & sub-regionalism play important role. Parochial feelings led to emergence/perpetuation of regional parties. Appeal to electorate on regional identities/sentiments. Secessionist parties call for boycott. 5. Personality: Charismatic personality of party leader important. Towering image of Jawaharlal Nehru, Indira Gandhi, Rajiv Gandhi, Jay Prakash Narayan, Atal Bihari Vajpayee, Narendra Modi influenced electorate. Charismatic personality of regional party leader also significant. 6. Money: Role cannot be overlooked. Crores spent despite limitations. Voters seek money/liquor/goods for votes (‘votes’ exchanged for ‘notes’). Influences decisions in normal circumstances, not wave election. - Paul Brass: ‘wave election’ (clear tendency develops among electorate in single direction, favors national party/leader). 7. Performance of the Ruling Party: Electorate judges ruling party by manifesto. Defeat of Congress 1977, Janata 1980 illustrates influence. ‘Anti-incumbency factor’ (dissatisfaction with performance). 8. Party Identification: Personal/emotional association with political parties plays role. Voters identify with party, vote irrespective of omissions/commissions. 9. Ideology: Political ideology professed by party has bearing on voters’ decision-making. People committed to ideologies (communism, capitalism, democracy, secularism, patriotism, decentralization) support candidates professing those ideologies. 10. Other Factors: Political events (war, leader murder, corruption scandals); economic conditions (inflation, food shortage, unemployment); factionalism; candidate orientation; election campaign; political family background; role of media. | |
| 84. Coalition Government | Meaning | Definition | - Term ‘coalition’ from Latin ‘coalitio-’ (‘to grow together’). - Technically: act of uniting parts into one body/whole. - Politically: alliance of distinct political parties. - Coalition politics/government: several political parties join hands to form government, exercise power on common agreed program/agenda. - Usually occurs in modern parliaments when no single party has majority. - 2+ parties with enough elected members agree on common program (without drastic compromises), form government. - J.C. Johari: ‘phenomenon of a multi-party government where a number of minority parties join hands for the purpose of running the government’. - Coalition formed when many splinter groups agree to join hands on common platform by sinking differences, form majority. - Sahni, N.C.: ‘theory of coalitions’. |
| Features | Implications | - J.C. Johari summarized features/implications: 1. Formed for sake of reward (material or psychic). 2. Implies existence of at least 2 partners. 3. Underlying principle: temporary conjunction of specific interest. 4. Not static, dynamic (players/groups dissolve, form new ones). 5. Keynote: compromise, rigid dogma has no place. 6. Works on minimum programme (not ideal for each partner). 7. Pragmatism, not ideology. 8. Purpose: seize power. - Coalitions form before or after elections. - Pre-poll coalition advantageous (common platform, joint manifesto). - Post-election union: enable constituents to share power, run government. | |
| Formation | Historical Overview | - First 4 LS elections (1952, 1957, 1962, 1967): Congress secured majority. - 1969: Congress split, minority government continued with outside support (CPI, DMK). - 1971: Congress won, single-party government. - 1977: Congress defeated, Janata government. Since then, many coalition governments at Centre. - Details of coalition governments in Table 84.1. | |
| Merits | Advantages | - Accommodation of diverse interests: Acts as channel to meet expectations, redress grievances. - Representation of diverse society: India highly diversified (cultures, languages, castes, religions, ethnic groups). Coalition government more representative, reflects popular opinion, broader spectrum of public opinion. - Consensus-based politics: Comprises parties with own ideologies/agendas. Governmental policy requires concurrence of all partners. Leads to consensus. - Strengthens federal fabric: More sensitive/responsive to regional demands/concerns than single-party government. - Reduces tyranny of government: Reduced domination of single party. All coalition members participate in decision-making. Decisions more balanced. | |
| Demerits | Disadvantages | - Unstable/prone to instability: Difference of opinion on policy issues leads to collapse. Examples: Morarji Desai, Charan Singh, V.P. Singh, Chandra Sekhar, Deva Gowda, I.K. Gujral. - Curtailed leadership of PM: PM must consult partners for major decisions. Critics call them ‘Super Prime Ministers’ or ‘Ultra Prime Ministers’. - Undermines cabinet role: Steering Committee or Co-ordination Committee acts as ‘Super-Cabinet’. - ‘King-maker’ role of smaller constituents: Demand more than their strength. - Regional factors in national decision-making: Regional parties pressurize central executive to act on their lines, threaten withdrawal from coalition. - Large size of Council of Ministers: Ministry reflects all constituents. Leads to distribution of portfolios problem, coordination problem. (Example: A.B. Vajpayee ministry 1999 had 70+ ministers, ‘Jumbo Ministry’). - No responsibility for administrative failures/lapses: Members play blame games, escape collective/individual responsibility. | |
| 85. Anti-Defection Law | Provisions of the Act | 52nd Amendment Act (1985) | - 52nd Amendment Act (1985) provided for disqualification of MPs/MLAs on defection grounds. - Made changes in 4 Articles (101, 102, 190, 191) related to vacation of seats & disqualification. - Added new Tenth Schedule to Constitution. - Also ‘anti-defection law’. - 91st Amendment Act (2003) made one change: omitted exception provision (disqualification not apply in case of split). |
| Disqualification | - Tenth Schedule contains provisions for disqualification on defection grounds: 1. Members of Political Parties: Disqualified if: voluntarily gives up party membership; or votes/abstains contrary to party direction without prior permission/condonation within 15 days. - Member elected on party ticket must continue in party, obey party directions. 2. Independent Members: Disqualified if joins any political party after election. 3. Nominated Members: Disqualified if joins any political party after 6 months of taking seat. - Exceptions to disqualification: (a) Merger: If member goes out of party due to merger with another party. Merger occurs when 2/3 members of party agreed. (b) Presiding Officer: If member, after elected as presiding officer of House, voluntarily gives up membership of party. - 91st Amendment Act (2003) deleted split exception. Defectors no more protection on splits. | ||
| Deciding Authority | - Question of disqualification decided by presiding officer of House. - No time-limit for decision. - Originally, decision final, not questioned in court. - Kihoto Hollohan case (1992): SC declared this provision unconstitutional (sought to take away SC/HC jurisdiction). Ruled presiding officer acts as tribunal, decision subject to judicial review (grounds: malafides, perversity). - Court rejected contention that vesting adjudicatory powers in presiding officer invalid due to political bias. - Presiding officer can take up defection case only on member complaint. Before decision, gives member chance to explain. Can refer to privileges committee. - No immediate/automatic effect. | ||
| Rule-Making Power | - Presiding officer empowered to make rules to give effect to Tenth Schedule provisions. - Rules placed before House for 30 days. House can approve/modify/disapprove. - Wilful contravention of rules dealt with as breach of privilege. - Rules require complaint for defection case. | ||
| Evaluation of the Act | Advantages | - Tenth Schedule designed to prevent political defections (motivated by office/material benefits). - Strengthens Indian parliamentary democracy by curbing unprincipled/unethical defections. - Rajiv Gandhi: ‘first step towards cleaning-up public life’. - Central law minister: ‘passing of 52nd Amendment Bill by unanimous vote… proof of maturity and stability of Indian democracy’. - Advantages: (a) Greater stability in body politic (checks legislators changing parties). (b) Facilitates democratic realignment of parties in legislature (merger). (c) Reduces corruption, non-developmental expenditure on irregular elections. | |
| Criticism | - Hailed as bold step, but revealed lacunae, failed to prevent defections in toto. - Criticized on grounds: 1. No differentiation between dissent & defection: Curbs legislator’s right to dissent/freedom of conscience. ‘Puts party bossism on a pedestal and sanctions tyranny of the party’. 2. Irrational distinction between individual & group defection: ‘Banned only retail defections and legalised wholesale defections’. 3. Does not provide for expulsion of legislator from party for outside activities. 4. Illogical discrimination between independent & nominated member: Independent disqualified if joins party, nominated allowed. 5. Vesting decision-making authority in presiding officer criticized: (a) May not exercise impartially/objectively due to political exigencies. (b) Lacks legal knowledge/experience to adjudicate. - Speakers Rabi Ray (1991) & Shivraj Patil (1993) expressed doubts on suitability to adjudicate. - Soli J. Sorabjee: ‘remedy should not be worse than the disease’. - Madhu Limaye: ‘banned only retail defections and legalised wholesale defections’. | ||
| 91st Amendment Act (2003) | Reasons | - Introduced to Parliament. - Reasons: 1. Demands for strengthening/amending Anti-defection Law (not achieved desired goal). Criticized for allowing bulk defections, declaring individual defections illegal. Split exception criticized for destabilizing government. 2. Committee on Electoral Reforms (Dinesh Goswami Committee) (1990), Law Commission of India 170th Report (1999), NCRWC (2002) recommended omission of split exception. 3. NCRWC: defector penalized by debarring from public office (minister/other remunerative political post). | |
| Provisions | - Made following provisions: 1. Total number of ministers (including PM) in Central Council of Ministers not to exceed 15% of total strength of Lok Sabha. 2. MP disqualified on defection also disqualified to be minister. 3. Total number of ministers (including CM) in state council of ministers not to exceed 15% of total strength of legislative assembly. Minimum 12 ministers. 4. MLA/MLC disqualified on defection also disqualified to be minister. 5. MP/MLA/MLC disqualified on defection also disqualified to hold any remunerative political post. ‘Remunerative political post’: office under Central/state government (salary/remuneration from public revenue); or office under body (incorporated or not) wholly/partially owned by Central/state government (salary/remuneration compensatory). 6. Provision of Tenth Schedule pertaining to split exception deleted. Defectors no more protection on splits. | ||
| 86. Pressure Groups | Meaning and Techniques | Definition | - Term originated in USA. - Organized groups actively promoting/defending common interests. - Exert pressure on government to change public policy. - Act as liaison between government & members. - Also ‘interest groups’ or ‘vested groups’. - Different from political parties (don’t contest elections, don’t try to capture power). - Concerned with specific programs/issues. Activities confined to protecting/promoting members’ interests by influencing government. - Influence policymaking/implementation through legal/legitimate methods: lobbying, correspondence, publicity, propagandizing, petitioning, public debating, maintaining contacts with legislators. - Sometimes resort to illegitimate/illegal methods: strikes, violent activities, corruption (damages public interest, administrative integrity). - Odegard: 3 techniques for securing purposes: 1. Electioneering: Place favorable persons in public office. 2. Lobbying: Persuade public officers to adopt/enforce policies. 3. Propagandizing: Influence public opinion, gain indirect influence. |
| Pressure Groups in India | Classification | - Large number of pressure groups exist, but not as developed as in US/Western countries. - Broadly classified into 6 categories: 1. Business Groups: large number of industrial/commercial bodies. Most sophisticated, powerful, largest. Examples: Federation of Indian Chamber of Commerce and Industry (FICCI), Associated Chamber of Commerce and Industry of India (ASSOCHAM), Federation of All India Foodgrain Dealers Association (FAIFDA), All-India Manufacturers Organisation (AIMO). 2. Trade Unions: voice demands of industrial workers. Also ‘labor groups’. Associated directly/indirectly with political parties. Examples: All-India Trade Union Congress (AITUC) (affiliated to CPI), Indian National Trade Union Congress (INTUC) (affiliated to Congress), Hind Mazdoor Sabha (HMS) (affiliated to Socialists), Centre of Indian Trade Unions (CITU) (affiliated to CPM), Bharatiya Mazdoor Sangh (BMS) (affiliated to BJP). - First Trade Union in India: AITUC founded 1920 (Lala Lajpat Rai first President). Congressmen, Socialists, Communists worked in AITUC till 1945. Trade union movement split on political lines. 3. Agrarian Groups: represent farmers & agricultural labor. Examples: Bhartiya Kisan Union, All India Kisan Sabha (oldest, largest), Bhartiya Kisan Sangh (Gujarat), Shetkhari Sanghatana (Maharashtra), All-India Kisan Sammelan, United Kisan Sabha (controlled by CPM). 4. Professional Associations: raise concerns/demands of doctors, lawyers, journalists, teachers. Pressurize government by agitations for service condition improvement. Examples: Indian Medical Association (IMA), Bar Council of India (BCI), Indian Federation of Working Journalists (IFWJ), All India Federation of University and College Teachers (AIFUCT). 5. Student Organisations: unions formed to represent student community. Affiliated to political parties. Examples: Akhil Bharatiya Vidyarthi Parishad (ABVP) (affiliated to BJP), All India Students Federation (AISF) (affiliated to CPI), National Students Union of India (NSUI) (affiliated to Congress), Students Federation of India (SFI) (affiliated to CPM). 6. Religious Organisations: play important role in Indian politics. Represent narrow communal interest. Examples: Rashtriya Swayamsevak Sangh (RSS), Vishwa Hindu Parishad (VHP), Jamaat-e-Islami, All-India Conference of Indian Christians, Shiromani Akali Dal. - Shiromani Akali Dal: more religious pressure group than political party (concerned with saving Sikh community, not fighting for Sikh homeland). | |
| Caste Groups | - Important factor in Indian politics. Competitive politics in many states is caste rivalries (Brahmin vs. Non-Brahmin, Rajput vs. Jat, Kamma vs. Reddy, Ahir vs. Jat, Baniya Brahmin vs. Patidar, Kayastha vs. Rajput, Nair vs. Ezhava, Lingayat vs. Okkaliga). - Caste-based organizations: Nadar Caste Association, Marwari Association, Harijan Sevak Sangh, Kshatriya Maha Sabha, Kayastha Sabha. | ||
| Tribal Organisations | - Active in MP, Chhattisgarh, Bihar, Jharkhand, West Bengal, North Eastern States. Demands range from reforms to secession. Some involved in insurgency. - Examples: National Socialist Council of Nagaland (NSCN), Tribal National Volunteers (TNV) (Tripura), People’s Liberation Army (Manipur), Tribal Sangh (Assam), United Mizo Freedom Organisation. | ||
| Linguistic Groups | - Language important factor in Indian politics, main basis for state reorganization. Language along with caste, religion, tribe responsible for political parties/pressure groups emergence. - Examples: Tamil Sangam, Anjuman Tarraki-i-Urdu, Andhra Maha Sabha, Hindi Sahitya Sammelan, Nagari Pracharani Sabha, Dakshina Bharat Hindi Prachar Sabha. | ||
| Ideology Based Groups | - In recent times, formed to pursue particular ideology (cause, principle, program). - Examples: Environmental protection groups (Narmada Bachao Andolan, Chipko Movement), Democratic rights organizations, Civil liberties associations, Gandhi Peace Foundation, Woman rights organizations. | ||
| Anomie Groups | - Almond & Powell: ‘spontaneous breakthrough into the political system… riots, demonstrations, assassinations’. - GoI/bureaucratic elite, overwhelmed by economic development/resource scarcity, acquires technocratic/anti-political frame of mind. Particularistic demands denied legitimacy. Interest groups alienated. - Examples: Naxalite Groups, Jammu and Kashmir Liberation Front (JKLF), United Liberation Front of Assam (ULFA), Dal Khalsa. | ||
| 87. National Integration | Meaning | Definitions | - Myron Weiner: ‘implies avoidance of divisive movements that would balkanise the nation and presence of attitudes throughout the society that give preference to national and public interest as distinct from parochial interests’. - H.A. Gani: ‘socio-psychological and educational process through which a feeling of unity, solidarity and cohesion develops in the hearts of the people and a sense of common citizenship or feeling of loyalty to the nation is fostered among them’. - Dr. S. Radhakrishna: ‘not a house which could be built by mortar and bricks… a thought which must go into the heads of the people’. - Rasheeduddin Khan: ‘means, and ought to mean, cohesion not fusion, unity but not uniformity, reconciliation but not merger, agglomeration but not assimilation of the discrete segments of the people constituting a political community or state’. - Concept involves political, economic, social, cultural, psychological dimensions & inter-relations. |
| Obstacles | Major Obstacles | - Regionalism: sub-nationalism, sub-territorial loyalty. Love for particular region/state over country. Sub-regionalism: love for region over state. ‘Subsidiary process of political integration’. Manifestation of residual elements not expressed in national polity/culture. - Manifests as: demand for secession (Khalistan, Dravid Nad, Mizos, Nagas); demand for separate statehood (Bodoland, Vidharbha, Gorkhaland); demand for full-fledged statehood for UTs (Puducherry, Delhi); inter-state boundary disputes (Chandigarh, Belgaum); river water disputes (Cauvery, Krishna, Ravi-Beas); ‘sons of the soil theory’ (preference to local people in jobs, permits). - Communalism: love for one’s religious community over nation. Promotes communal interest at cost of other religious communities. Roots in British rule (1909, 1919, 1935 Acts introduced communal representation). - Accentuated by politicisation of religion. - Manifests as: formation of political parties based on religion (Akali Dal, Muslim League, Shiv Sena); emergence of pressure groups (RSS, VHP, Jamaat-e-Islami); communal riots (Hindus-Muslims, Hindus-Sikhs, Hindus-Christians); disputes over religious structures (Ram Janma Bhoomi). - Reasons for persistence: religious orthodoxy, Pakistan’s role, Hindu chauvinism, government inertia, political parties/groups, electoral compulsions, communal media, socio-economic factors. - Casteism: love for one’s caste group over national interest. Outcome of politicisation of caste. - Manifests as: formation of political parties based on caste (Justice Party, Republican Party, Bahujan Samaj Party); emergence of pressure groups (Nadar Association, Harijan Sevak Sangh, Kshatriya Mahasabha); allotment of party tickets on caste lines; formation of council of ministers on caste lines; caste conflicts (higher-lower, dominant castes); disputes over reservation policy. - B.K. Nehru: ‘communal electorates… still remain in the shape of reservations for the Scheduled Castes and Scheduled Tribes. They serve to emphasise caste origin… not conducive to national integration’. - Linguism: love for one’s language/language-speaking people. Consequence of political process. - Two dimensions: reorganization of states on language; determination of Union official language. - Creation of Andhra (1953) led to countrywide demand for linguistic states. States reorganized 1956 (States Reorganisation Commission). Political map changed continuously. Anti-Hindi agitation in South India/West Bengal (Official Languages Act 1963). - Central government assured English would continue. 3-language formula not implemented in Tamil Nadu. Hindi not emerged as lingua franca. - Linguism accentuated by regional parties (TDP, AGP, Shiv Sena). | |
| National Integration Council | Establishment & Functions | - Central government convened National Integration Conference (1961). - Decided to set up National Integration Council (NIC) to review national integration matters & make recommendations. - NIC constituted 1961, first meeting 1962. - Members: PM (Chairman), Union Ministers, Leaders of Opposition (LS/RS), CMs of all states/UTs with Legislatures, leaders of national/regional political parties, chairpersons of national commissions, eminent journalists, public figures, business/women’s organizations. - Meetings convened as required (no regular/specified interval). - 16 meetings held since inception. 16th meeting Sept 23, 2013. - Resolution passed: condemn violence, strengthen harmonious relationship, resolve differences/disputes within law, condemn atrocities on SCs/STs, condemn sexual abuse, ensure women’s freedom/equal opportunities, safeguard movement rights. | |
| National Foundation for Communal Harmony | Establishment & Activities | - NFCH set up 1992. - Autonomous body under administrative control of Union Home Ministry. - Promotes communal harmony, fraternity, national integration. - Activities: 1. Provide financial assistance to child victims of societal violence (care, education, training, rehabilitation). 2. Promote communal harmony/national integration by organizing activities (independently or with educational institutions, NGOs). 3. Conduct studies, grant scholarships. 4. Confer awards for outstanding contribution. 5. Involve Central/state governments/UT Administrations, industrial/commercial organizations, NGOs in promoting objectives. 6. Provide information services, publish monographs/books. | |
| 88. Foreign Policy | Principles | Determinants | - Regulates India’s relations with other states, promotes national interests. - Determined by: geography, history, tradition, social structure, political organization, international milieu (world political climate, public opinion, organizations), economic position, military strength, leadership. |
| Promotion of World Peace | - India’s foreign policy aims at promotion of international peace & security. - Article 51 (Directive Principles) directs Indian State to promote international peace/security, maintain just/honorable relations, foster respect for international law/treaty obligations, encourage settlement of international disputes by arbitration. - Peace necessary for economic development. | ||
| Anti-Colonialism | - Opposes colonialism & imperialism. - Views: colonialism/imperialism leads to exploitation of weaker nations, affects international peace. - Advocated liquidation of colonialism, supported liberation movements in Afro-Asian countries (Indonesia, Malaya, Tunisia, Algeria, Ghana, Namibia). - Expressed solidarity with Afro-Asian nations. - Opposes neo-colonialism & neo-imperialism. | ||
| Anti-Racialism | - Important aspect of foreign policy. - Views: racialism (discrimination based on race) leads to exploitation of blacks, social inequity, hinders world peace. - Strongly criticized apartheid policy of white minority racist regime in South Africa. - Snapped diplomatic relations with South Africa 1954. - Played important role in liberation of Zimbabwe, Namibia. - India re-established full diplomatic relations with South Africa 1994 (after apartheid ended). | ||
| Non-Alignment | - After 1947, world divided into 2 blocs (capitalist USA, communist USSR). - India refused to join blocs, adopted non-alignment policy. - Jawaharlal Nehru: ‘keep away from the power politics of groups… avoid war’. - Non-alignment means: no military alliances; independent approach to foreign policy; friendly relations with all countries. - Greatest contribution to international relations theory/practice. | ||
| Panchsheel | - 5 principles of conduct in international relations. - Embodied in Preamble of Indo-China Treaty on Tibet (1954) (signed by Jawaharlal Nehru & Chou-En-Lai). - 5 principles: (i) Mutual respect for each other’s territorial integrity & sovereignty. (ii) Non-aggression. (iii) Non-interference in each other’s internal affairs. (iv) Equality & mutual benefit. (v) Peaceful co-existence. - Became popular, adopted by many countries (Burma, Yugoslavia, Indonesia). - Panchsheel & non-alignment are greatest contributions. | ||
| Afro-Asian Bias | - Foreign policy maintains friendly relations with all, but special bias towards Afro-Asian nations. - Aims: promote unity, secure voice/influence in international bodies. - Seeks international assistance for economic development of these countries. - 1947: India called first Asian Relations Conference (New Delhi). - 1949: brought Asian countries together on Indonesian freedom. - Active role in Afro-Asian Conference (Bandung, Indonesia, 1955). - Active role in formation of Group of 77 (1964), Group of 15 (1990), Indian Ocean Rim Association (1997), BIMSTEC (1997), SAARC (1985). - Earned name ‘Big Brother’ from neighbors. | ||
| Links with Commonwealth | - 1949: India declared full membership of Commonwealth of Nations, accepted British Crown as head. - Extra-constitutional declaration does not affect India’s sovereignty or republican character. - Commonwealth is voluntary association of independent nations. - India neither pays allegiance to British Crown nor latter has functions. - India remained member for pragmatic reasons (beneficial in economic, political, cultural spheres). - Important role at CHOGM (Commonwealth Heads of Government Meeting). India hosted CHOGM 1983 (New Delhi). | ||
| Support to the UNO | - India became UNO member 1945. - Supports UNO activities/programs. - Full faith in UNO objectives/principles. - Facets of India’s role: (i) Fought colonialism, imperialism, racialism, neo-colonialism, neo-imperialism, terrorism through UNO. (ii) Vijay Lakshmi Pandit elected President of UN General Assembly 1953. (iii) Actively participated in UN Peace-keeping missions (Korea, Congo, El Salvador, Cambodia, Angola, Somalia, Mozambique, Sierra Leone, Yugoslavia). (iv) Participated actively in open ended working groups. Co-chairman of working group on strengthening UN (submitted report 1997). (v) Non-permanent member of UN Security Council several times. Demanding permanent seat. | ||
| Disarmament | - Opposes arms race, advocates disarmament (conventional, nuclear). - Aim: promote world peace/security by reducing/ending tensions, preventing unproductive expenditure on arms. - Used UNO platform to check arms race, achieve disarmament. - Initiated 6-nation summit 1985 (New Delhi), made concrete proposals for nuclear disarmament. - Not signed Nuclear Non-proliferation Treaty (NPT) 1968 & Comprehensive Test Ban Treaty (CTBT) 1996. - Kept nuclear options open. - Opposes NPT/CTBT due to discriminatory/hegemonistic nature. Perpetuate international system where only 5 nations (USA, Russia, China, UK, France) can legitimately possess nuclear weapons. | ||
| Gujral Doctrine | Milestone in Foreign Policy | - Propounded & initiated 1996 by I.K. Gujral (then FM in Deve Gowda Government). - Advocates India (biggest country in South Asia) extend unilateral concessions to smaller neighbors. - Based on principle of non-reciprocity. - Recognizes supreme importance of friendly/cordial relations with neighbors. - 5-point roadmap for foreign relations with immediate neighbors: 1. With Bangladesh, Bhutan, Maldives, Nepal, Sri Lanka: India not ask for reciprocity, give in good faith. 2. No South Asian country allows territory used against another. 3. No country interferes in another’s internal affairs. 4. All South Asian countries respect territorial integrity & sovereignty. 5. All South Asian countries settle disputes through peaceful bilateral negotiations. - Gujral: ‘logic behind Gujral Doctrine was that since we had to face two hostile neighbours in the north and the west, we had to be at ‘total peace’ with all other immediate neighbours in order to contain Pakistan’s and China’s influence in the region’. | |
| Connect Central Asia Policy of India | Launch & Features | - Launched 2012. - Aim: strengthen & expand India’s relations with Central Asian countries (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan). - Broad-based approach: political, security, economic, cultural connections. - Features: 1. Continue building strong political relations (high level visits). 2. Strengthen strategic & security cooperation (military training, joint research, counter-terrorism coordination). 3. Step up multilateral engagement (SCO, Eurasian Economic Community (EEC), Custom Union). 4. Long-term partner in energy, natural resources. 5. Medical field: huge potential for cooperation. 6. Higher education system: assist in setting up Central Asian University in Bishkek. 7. Working on setting up Central Asian e-network (hub in India). | |
| Act East Policy of India | Evolution & Features | - Modi Government (2014) upgraded ‘Look East Policy’ to ‘Act East Policy’. - ‘Look East Policy’ initiated 1992 by P.V. Narasimha Rao. - Features: 1. Focuses on extended neighborhood in Asia-Pacific region. 2. Originally economic initiative, gained political, strategic, cultural dimensions. Includes establishment of institutional mechanisms for dialogue/cooperation. 3. Emphasis on India-ASEAN cooperation in domestic agenda (infrastructure, manufacturing, trade, skills, urban renewal, smart cities, Make in India). 4. Objective: promote economic cooperation, cultural ties, develop strategic relationship through continuous engagement (bilateral, regional, multilateral levels). 5. North East of India: priority. Policy provides interface between North East India & ASEAN region. 6. Civilizational front: Buddhist & Hindu links energized for new contacts/connectivity. 7. Connectivity: special efforts for coherent strategy, linking ASEAN with North East India. 8. Economic engagement with ASEAN stepped up. ASEAN-India Agreement on Trade in Service and Investments (effective July 2015). 9. Strategic issues: increased convergence on security interests with key partners (bilateral, multilateral). Closer cooperation in combating terrorism, collaborating for peace/stability, promotion of maritime security (international norms/laws). | |
| 89. National Commission to Review the Working of the Constitution | Terms of Reference | Establishment & Mandate | - NCRWC set up by GoI resolution 2000. - 11-member Commission headed by M.N. Venkatachaliah (former CJI). - Submitted report 2002. - Terms of reference: examine (in light of 50 years experience) how existing Constitution provisions respond to needs of efficient, smooth, effective governance & socio-economic development of modern India. Recommend changes (if any). - Specified recommendations must be within framework of parliamentary democracy, without interfering with ‘basic structure’ or ‘basic features’. - Commission clarified task: review working, not rewrite. Function recommendatory/advisory. Parliament can accept/reject. - No agenda before it. Identified 11 areas of study, proposed examination. - Areas of study: 1. Strengthening institutions of parliamentary democracy (working of Legislature, Executive, Judiciary; accountability; political instability cost; stability possibilities). 2. Electoral reforms; standards in political life. 3. Pace of socio-economic change & development (assurance of social/economic rights: fairness, speed, equality). 4. Promoting literacy; generating employment; ensuring social security; alleviation of poverty. 5. Union-State relations. 6. Decentralization & devolution; empowerment & strengthening of Panchayati Raj Institutions. 7. Enlargement of Fundamental Rights. 8. Effectuation of Fundamental Duties. 9. Effectuation of Directive Principles & achievement of Preamble objectives. 10. Legal control of fiscal/monetary policies; public audit mechanism. 11. Administrative system & standards in public life. - Other members of Commission: B.P. Jeevan Reddy, R.S. Sarkaria, K. Punnayya, Soli Sorabjee, K. Parasaran, Subhash Kashyap, C.R. Irani, Abid Hussain, Smt. Sumitra Kulkarni, P.A. Sangma (resigned). |
| Areas of Concern | Commission’s Perception | - Important areas of concern: 1. Fundamental breach of constitutional faith by Governments; neglect of people (ultimate source of authority). Public servants not alive to being servants. Dignity of individual unreedeemed pledge. Loss of faith in Governments. Society unable to cope with events. 2. Present nature of Indian State & inability to anticipate/provide for global changes (scientific/technological). 3. Increasing cost of government & fiscal deficits. 4. Pervasive impurity of political climate/activity. Criminalization of politics, political-corruption, politician-criminal-bureaucratic nexus reached unprecedented levels. 5. National integrity/security issues not adequately addressed. Absence of early warning systems for social unrest. Inadequate state responses to emergencies/disasters. Administration un-coordinated, directionless, overlapping, reactive. 6. India’s overall record as working democracy (despite centrifugal forces) worthy. Bases of democratic debate widened (73rd/74th Amendments). But parliamentary democracy institutions have serious fault-lines. 7. Pervasive misuse of electoral process. Electoral system unable to prevent entry of persons with criminal record into law-making institutions. 8. Parliament & state legislatures’ inherent weakness (lack of time/expertise, technical nature of demands, legislative leadership with Executive, large size, majority support, post-mortem financial control, guillotine, delegated legislation, ordinances, sporadic control, weak opposition). | |
| Recommendations | Summary | - In all, Commission made 249 recommendations. - 58 involved constitutional amendments, 86 involved legislative measures, 105 could be accomplished through executive action. - On Fundamental Rights: 1. Scope of prohibition against discrimination (Art 15, 16) extended to ‘ethnic or social origin, political or other opinion, property or birth’. 2. Freedom of speech & expression (Art 19) expanded to include ‘freedom of the press and other media, the freedom to hold opinions and to seek, receive and impart information and ideas’. 3. New Fundamental Rights: Right against torture/cruelty/inhuman treatment; compensation for illegal deprivation of life/liberty; leave & return to India; privacy & family life; rural wage employment (80 days/year); access to courts & tribunals, speedy justice; equal justice & free legal aid; care & assistance for children; safe drinking water, pollution prevention, ecology conservation, sustainable development. 4. Right to education (Art 21A) enlarged: ‘Every child shall have the right to free education until he completes the age of fourteen years; and in the case of girls and members of the SCs and STs until they complete the age of eighteen years’. 5. 2 changes to preventive detention (Art 22): max period 6 months; advisory board consists of chairman & 2 other members (serving HC judges). 6. Sikhism, Jainism, Buddhism treated as separate religions from Hinduism; provisions grouping them (Art 25) deleted. 7. Protection from judicial review (Art 31B) restricted to agrarian reforms, reservations, implementation of DPs (Art 39(b)/(c)). 8. No suspension of FRs under Art 17, 23, 24, 25, 32 during national emergency (Art 352). - On Right to Property: 1. Art 300A recast: deprivation/acquisition by law only for public purpose. 2. No arbitrary deprivation/acquisition. 3. No deprivation/acquisition of agricultural, forest, non-urban homestead land of SCs/STs except by law providing suitable rehabilitation. | |
| On Directive Principles | - 3 recommendations: 1. Heading of Part IV amended to ‘Directive Principles of State Policy and Action’. 2. New DP: control of population. 3. Independent National Education Commission set up every 5 years. 4. Inter-Faith Commission established to promote inter-religious harmony/social solidarity. 5. High status body to review DP implementation. 6. Strategic Plan of Action to create large employment opportunities. 7. Implementation of National Statistical Commission (2001) recommendations. | ||
| On Fundamental Duties | - 3 recommendations: 1. Ways/means to popularize/effectuate FDs. 2. Justice Verma Committee recommendations on operationalization of FDs implemented. 3. New FDs in Art 51A: Duty to vote in elections, actively participate in democratic governance, pay taxes; foster family values, responsible parenthood (education, physical/moral well-being of children); industrial organizations provide education to employees’ children. | ||
| On Parliament and State Legislatures | - 8 recommendations: 1. Privileges of legislators defined/delimited for free/independent functioning. 2. Art 105 amended to clarify immunity does not cover corrupt acts. No court cognizance of MP action in House without Speaker/Chairman prior sanction. Art 194 similarly amended. 3. Domiciliary requirement for RS election maintained (essential for federal character). 4. MP local area development scheme discontinued. 5. EC empowered to identify/declare ‘offices of profit’. 6. Immediate steps to set up Nodal Standing Committee on National Economy. 7. Standing Constitution Committee of both Houses for prior scrutiny of constitutional amendment proposals. 8. New Legislation Committee of Parliament for legislative planning. 9. Existing Parliamentary Committees (Estimates, Public Undertakings, Subordinate Legislation) not continued. 10. Parliamentarians voluntarily open to public scrutiny through parliamentary ombudsman. 11. State LAs with <70 members meet at least 50 days/year; other State LAs meet at least 90 days/year. RS/LS minimum 100/120 days. 12. Study Group outside Parliament for procedural reforms. | ||
| On Executive and Administration | - 13 recommendations: 1. Hung Parliament: LS elects Leader, President appoints as PM. Same for state level. 2. No-confidence motion against PM accompanied by alternative leader proposal (‘system of constructive vote of no confidence’). 3. No-confidence motion against government: 20% of total members give notice. 4. Oversized Council of Ministers prohibited. Ceiling: 10% of popular house strength. 5. Political offices with minister position/perks discouraged. Number limited to 2% of lower house strength. 6. Constitution provides for Lokpal (PM outside purview) & Lokayuktas in states. 7. Lateral entry into government jobs (above joint secretary level) allowed. 8. Art 311 amended for honest public servants’ protection & dishonest’s penalization. 9. Personnel policy (placements, promotions, fast-track advancements) managed by autonomous Civil Service Boards. 10. Officials take oath of good governance (not just Constitution loyalty). 11. Right to information guaranteed, secrecy discarded. Oath of transparency instead of secrecy. 12. Public Interest Disclosure Acts (Whistle-blower Acts) enacted. 13. Law enacted for forfeiture of benami property of corrupt public/non-public servants. | ||
| On Centre-State and Inter-State Relations | - 3 recommendations: 1. Inter-State Council Order (1990) clearly specify consultation matters. 2. Management of disasters/emergencies included in Concurrent List. 3. Statutory Inter-State Trade & Commerce Commission established. 4. Continuing auditing role for Inter-State Council in concurrent/overlapping jurisdiction. 5. Period of 6 months for President to decide on state bill (Art 201) applicable. 6. Parliament make law on Entry 14 List I (treaty making/implementing) to streamline procedures. 7. Financial obligations/implications on state finances from treaties/agreements permanent term of reference for Finance Commissions. 8. Guidelines for selecting Governors (Sarkaria Commission report: eminent, outsider, detached, not intimately connected to local politics, not politician from ruling party). 9. Governor’s fixed 5-year tenure; removable only by Parliament resolution. 10. Governor’s discretionary powers (Art 163) abolished. 11. Governor’s role as Chancellor of Universities abolished. 12. Governor’s power to sanction prosecution of state minister (against Council of Ministers’ advice) if motivated by bias. 13. Governor’s discretion in choosing CM (hung assembly) guided by specific order of preference. 14. Governor’s discretion in dismissing CM (lost majority) guided by specific order. 15. Governor’s discretion in dissolving assembly (lost majority) guided by specific order. 16. Art 356 (President’s Rule) used sparingly, as last resort. Framework for ‘localized emergency’ to ensure state government functions. 17. New All-India services in health, education, engineering, judiciary. 18. Remove/modify factors inhibiting Second Chamber (Rajya Sabha) as representative forum. 19. Balance of power between states (equality of representation in Rajya Sabha). 20. Devolution of powers to local bodies (constitutional definition). 21. Cost sharing for Central legislations involving states. 22. Royalty rates on major minerals revised every 3 years. 23. Current ceiling on profession tax abolished by Constitutional amendment. 24. Scope for raising revenue from Art 268 taxes examined afresh. 25. Chief Election Commissioner & other Election Commissioners appointed on recommendation of 3-member committee (PM, Leader of Opposition (LS), CJI). Grounds for removal same as SC judge. 26. Proliferation of smaller political parties discouraged. 27. Comprehensive legislation for political party regulation (transparency, corporate donations, tax exemption, donor/donee accountability, audited accounts publication, de-recognition for false returns). 28. Defectors (individual/group) from party/alliance must resign from Parliament/assembly seats, contest fresh elections. 29. Defectors debarred from public office (minister/remunerative political post) for remaining term or until next elections. 30. Defector’s vote to topple government invalid. 31. Power to decide disqualification on defection grounds vested in Election Commission (not Speaker/Chairman). 32. National Judicial Commission for SC judges appointment. 33. Retirement age of HC/SC judges increased. 34. No court other than SC/HC can punish for contempt. 35. Only SC/HC can declare laws unconstitutional. 36. National Judicial Council & Judicial Councils in States for plans/budgets. 37. SC/HC judgments delivered within 90 days. 38. Exemplary costs for abuse of process of law. 39. HC prepare strategic plan for arrears clearance. 40. Plea-bargaining introduced. 41. Subordinate courts hierarchy brought down to two-tier. 42. SC/HC benches for SCs/STs on benches. | ||
| On Judiciary | - 11 recommendations: 1. National Judicial Commission established (CJI as chairman, 2 seniormost SC judges, Union law minister, 1 person nominated by President). 2. Committee of National Judicial Commission examines complaints of deviant behavior of SC/HC judges. 3. Retirement age of HC/SC judges increased to 65/68 respectively. 4. No court other than SC/HC has power to punish for contempt of itself. 5. Except SC/HC, no other court declares Acts of Parliament/state legislatures unconstitutional/ultra-vires. 6. National Judicial Council & Judicial Councils in States set up for plans/annual budget proposals. 7. SC/HC judgments delivered within 90 days. 8. Exemplary costs given for abuse of process of law. 9. Each HC prepares strategic plan for time-bound clearance of arrears. No case pending >1 year. 10. Plea-bargaining introduced as part of decriminalization. 11. Subordinate courts hierarchy brought down to two-tier judiciary under HC. | ||
| On Pace of Socio-Economic Change and Development | - 1. Reasonable number of SCs, STs, BCs on benches of SC & HCs. | ||
| On Decentralisation (Panchayats and Municipalities) | - 1. Eleventh & Twelfth Schedules restructured for separate fiscal domain for panchayats & municipalities. 2. State panchayat council established under CM chairmanship. 3. Panchayats & Municipalities declared ‘institutions of self-government’, given exclusive functions. Art 243G & 243W amended. 4. EC has power to issue directions to State EC. State EC submits reports to EC & Governor. Art 243K & 243ZA amended. 5. Art 243E amended for reasonable opportunity of being heard for panchayat before dissolution. 6. Uniformity in audit of accounts. CAG empowered to audit or lay down accounting standards for Panchayats. 7. Municipality superseded: report stating grounds placed before State Legislature. 8. All provisions on qualifications/disqualifications for local authorities consolidated in single law. 9. Delimitation Commission (not State EC) for delimitation, reservation, rotation of seats. 10. Distinct & separate tax domain for municipalities recognized. | ||
| On Institutions in North East India | - 1. Efforts to give all North East States opportunities under 73rd & 74th Constitutional Amendments (with regard to unique political traditions). 2. Subjects under Sixth Schedule & Eleventh Schedule entrusted to Autonomous District Councils (ADCs). 3. Traditional forms of governance associated with self-governance. 4. National Immigration Council set up to examine Citizenship Act, Illegal Migrants Determination by Tribunal Act, Foreigners Act. | ||
| On Electoral Processes | - 1. Person charged with offence punishable with >5 years imprisonment disqualified from Parliament/Legislature. 2. Person convicted for heinous crime (murder, rape, smuggling, dacoity) permanently debarred from political office. 3. Criminal cases against politicians pending before Courts disposed speedily (appoint Special Courts). Election petitions decided by special courts or special election benches in HCs. 4. State funding of elections deferred until regulatory mechanisms firmly in position. 5. Candidates not allowed to contest simultaneously from >1 constituency. 6. Election code of conduct given sanctity of law, penal action for violation. 7. Independent candidate losing 3 times consecutively permanently debarred. 8. Minimum valid votes polled for deposit not forfeited increased to 25% (from 16.67%). 9. Eligibility of non-Indian born citizens (or parents/grandparents citizens of India) to hold high offices (President, VP, PM, CJI) examined through political process/national dialogue. Commission deeply divided on this. | ||
| 90. Landmark Judgements and Their Impact | Romesh Thappar Case (1950) | Freedom of the Press | - Name: Romesh Thappar vs. State of Madras. - Year: 1950. - Popular Name: Cross Roads case. - Topic/Issue: Freedom of the press. - Related Article/Schedule: 19. - SC Judgment: Held freedom of speech & expression (Art 19(1)(a)) includes freedom of propagation of ideas & circulation. Ruled without liberty of circulation, publication of little value. Declared Madras government order banning weekly English Journal Cross Roads unconstitutional & void. Order under Section 9(1-A) of Madras Maintenance of Public Order Act 1949. Freedom of speech/press foundation of democratic organizations (no public education without free political discussion). - Impact: 1st Amendment Act (1951) added “public order” as reasonable restriction under Art 19(2) on freedom of speech/expression. SC held restrictions only on grounds in Art 19(2). Refused restrictions on public order (not mentioned). ‘Public order’ has wide connotation, signifies tranquility. |
| A.K. Gopalan Case (1950) | Preventive Detention | - Name: A.K. Gopalan vs. State of Madras. - Year: 1950. - Popular Name: Preventive Detention case. - Topic/Issue: Procedure established by law.<br;- Related Article/Schedule: 21 & 22. - SC Judgment: Invalidated Section 14 of impugned Preventive Detention Act (1950) (violated FR under Art 22). Rest of Act valid. Held ‘personal liberty’ under Art 21 means physical body liberty (freedom from physical restraint/detention). Ruled Art 21 is protection only against executive, not legislative action. Held ‘law’ in Art 21 means state-made law, not natural justice. ‘Procedure established by law’ not mean ‘due process of law’. Judicial interpretation held field for 3 decades. - Impact: Judicial interpretation reached logical end in A.D.M. Jabalpur case (1976). But Maneka Gandhi case (1978) overruled by wider interpretation of Art 21. | |
| Champakam Dorairajan Case (1951) | Communal Reservation | - Name: State of Madras vs. Champakam Dorairajan. - Year: 1951. - Topic/Issue: Communal reservation in admission to educational institutions. - Related Article/Schedule: 15, 29 & 46. - SC Judgment: Affirmed Madras HC judgment. Struck down Madras government order (Communal GO) providing proportionate reservation of seats in medical/engineering colleges for different communities (object: promote backward classes’ educational interest under Art 46). Held Communal GO based on religion, race, caste, violative of Art 15(1) & 29(2). Declared DPs cannot override/abridge FRs. DPs conform to & run subsidiary to FRs. - Impact: Led to insertion of new Clause (4) in Art 15 by 1st Amendment Act (1951). Clause permits state to make special provision for advancement of socially & educationally backward classes or SCs/STs. Nullified judgment effect. | |
| Shankari Prasad Case (1951) | Parliament’s Power to Amend Constitution | - Name: Shankari Prasad vs. Union of India. - Year: 1951. - Topic/Issue: Parliament’s power to amend the constitution. - Related Article/Schedule: 13 & 368. - SC Judgment: Held Parliament’s amending power under Art 368 includes power to amend FRs. Constitutional amendment act not void under Art 13(2). Upheld validity of 1st Amendment Act (1951) (curtailed right to property by inserting Art 31A, 31B). - Impact: Made distinction between legislative law (ordinary law) & constituent law (constitutional amendment law). Separated Parliament’s ordinary legislative power from constituent power. Held ‘law’ in Art 13(2) refers to ordinary law, not constituent law. Laid down Parliament can amend any Constitution provision, rejected FRs as inviolable. Held field for 1.5 decades. Reaffirmed in Sajjan Singh case (1964). Overruled in Golak Nath case (1967). | |
| Berubari Union Case (1960) | Cession of Indian Territory | - Name: Berubari Union vs. Unknown. - Year: 1960. - Topic/Issue: Cession of Indian Territory to a foreign state. - Related Article/Schedule: 3, 368 & First Schedule. - SC Judgment: Ruled Parliament’s power under Art 3 to diminish state area does not cover cession of Indian territory to foreign country. Art 3 deals with internal re-adjustment. Indian territory ceded to foreign state only by amendment under Art 368 (altering First Schedule). Held Preamble is not a part of Constitution. - Impact: Led to enactment of 9th Amendment Act (1960). Gave effect to transfer of Berubari Union (West Bengal) to Pakistan (Indo-Pak Agreement 1958). | |
| K.M. Nanavati Case (1961) | Jury System of Trial | - Name: K.M. Nanavati vs. State of Maharashtra. - Year: 1961. - Topic/Issue: Jury System of trial. - SC Judgment: Affirmed Bombay HC judgment. Upheld conviction of Nanavati under IPC Sec 302, life imprisonment for murder of wife’s paramour. - Impact: Brought out shortcomings in Jury System, led to its abolition. New CrPC (1973) completely removed jury trial system. Nanavati granted pardon by Governor after 3 years prison. | |
| I.C. Golak Nath Case (1967) | Parliament’s Power to Amend Constitution | - Name: I.C. Golak Nath vs. State of Punjab. - Year: 1967.<br;- Topic/Issue: Parliament’s power to amend the constitution. - Related Article/Schedule: 13 & 368. - SC Judgment: Overruled Shankari Prasad (1951) & Sajjan Singh (1964). Held amending power under Art 368 cannot abridge/take away FRs. Constitutional amendment act is ‘law’ within Art 13(2). But, 1st, 4th, 17th Amendments valid. Applied doctrine of prospective overruling (decision has prospective operation only, not retrospective). - Impact: Led to enactment of 24th Amendment Act (1971) (Parliament has power to amend FRs, such act not ‘law’ under Art 13(2)) & 25th Amendment Act (1971) (curtailed right to property, gave precedence to DPs). | |
| Kesavananda Bharati Case (1973) | Fundamental Rights Case | - Name: Kesavananda Bharati vs. State of Kerala. - Year: 1973. - Topic/Issue: Parliament’s power to amend the constitution. - Related Article/Schedule: 13 & 368. - SC Judgment: Overruled Golak Nath (1967). Held Parliament can amend any/all Constitution provisions (including FRs) under Art 368, except ‘basic structure’. - Upheld validity of 24th Amendment Act (1971). - Upheld validity of Sections 2(a) & 2(b) of 25th Amendment Act (1971). Declared first part of Section 3 of 25th Amendment Act valid, second part invalid. - Validated 29th Amendment Act (1971). - Impact: Led to emergence of doctrine of basic structure as limitation on Parliament’s amending power. SC applied doctrine in subsequent cases. | |
| Indira Nehru Gandhi Case (1975) | Election Case | - Name: Indira Nehru Gandhi vs. Raj Narain. - Year: 1975. - Topic/Issue: Basic structure of the constitution. - Related Article/Schedule: 329A (Repealed). - SC Judgment: Reaffirmed applicability of basic structure doctrine. Struck down Clause (4) of Art 329A (inserted by 39th Amendment Act 1975) (kept PM election disputes outside court jurisdiction). Held provision beyond Parliament’s amending power (affected basic structure). - Impact: Following this & Kesavananda Bharati, 42nd Amendment Act (1976) inserted 2 new Clauses (4) & (5) in Art 368. Clause (4): amendment of Constitution under Art 368 not questioned in court. Clause (5): no limitation on Parliament’s constituent power. Aimed to dilute basic structure doctrine. | |
| A.D.M. Jabalpur Case (1976) | Habeas Corpus Case | - Name: A.D.M. Jabalpur vs. Shivakant Shukla. - Year: 1976. - Popular Name: Habeas Corpus case. - Topic/Issue: Right to life and personal liberty during the emergency. - Related Article/Schedule: 21 & 359. - SC Judgment: Held Art 21 is sole repository of right to life/personal liberty. If enforcement suspended by Presidential Order (Art 359), detenu no locus standi to writ petition for legality of detention. Upheld constitutional validity of Section 16A(9) of Maintenance of Internal Security Act (MISA), 1971. - Impact: Took restrictive meaning of right to life/personal liberty. Seriously flawed judgment. Court argued habeas corpus claim amounted to enforcement of suspended right. Failed to defend FRs during emergency (1975-77). 44th Amendment Act (1978) amended Art 359 (enforcement of Art 20/21 cannot be suspended). Judgment no longer good law. | |
| Maneka Gandhi Case (1978) | Personal Liberty Case | - Name: Maneka Gandhi vs. Union of India. - Year: 1978. - Topic/Issue: Procedure established by law. - Related Article/Schedule: 21. - SC Judgment: Overruled A.K. Gopalan (1950). Declared Section 10(3)(c) of Passport Act (1967) not violative of Art 14, 19(1)(a)/(g), 21. Laid down propositions: (a) Art 14, 19, 21 not mutually exclusive (law depriving personal liberty must stand test of all 3). (b) ‘Personal liberty’ (Art 21) of widest amplitude, covers variety of rights. (c) ‘Right to life’ (Art 21) includes all aspects for meaningful life, human dignity. (d) ‘Procedure established by law’ (Art 21) means just, fair, reasonable procedure (not arbitrary/fanciful/oppressive). Introduced ‘due process of law’ concept. Protection against arbitrary executive & legislative action. - Impact: Wider interpretation of Art 21. Introduced American ‘due process of law’. Firmly established ‘golden triangle’ rule (inter-relation of Art 14, 19, 21). Expanded scope of Art 21, paved way for declaring many rights as integral part of Art 21. | |
| Bachan Singh Case (1980) | Constitutional Validity of Death Penalty | - Name: Bachan Singh vs. State of Punjab. - Year: 1980. - Topic/Issue: Constitutional validity of death penalty. - Related Article/Schedule: 19 & 21. - SC Judgment: Ruled death penalty provision (IPC Sec 302) not unreasonable, not violate Art 19. Not violate Art 21 (recognizes State’s right to deprive life by valid law). Held death penalty an exception, not rule. Confined to ‘rarest of rare cases’ (when alternative option foreclosed). Exceptional/grave circumstances of crime & criminal considered. - Impact: Laid down ‘rarest of rare cases’ doctrine for death penalty. Influenced later judgments. | |
| Minerva Mills Case (1980) | Basic Structure of the Constitution | - Name: Minerva Mills vs. Union of India. - Year: 1980. - Topic/Issue: Basic structure of the constitution. - Related Article/Schedule: 31C & 368. - SC Judgment: Invalidated Clauses (4) & (5) of Art 368 (inserted by 42nd Amendment Act 1976). Declared amendment to Art 31C by 42nd Amendment unconstitutional. Held 42nd Amendment destroyed basic structure. Held limited power of Parliament to amend, judicial review, harmony/balance between FRs & DPs are basic features. Held Parliament cannot expand amending power to repeal/abrogate basic features. Held anything destroying balance between FRs & DPs destroys essential basic structure element. - Impact: Nullified attempt to dilute basic structure doctrine by 42nd Amendment. Held Parliament cannot expand amending power. Gave precedence to all DPs over FRs (Art 14, 19, 31). | |
| Waman Rao Case (1980) | Judicial Review of the Ninth Schedule | - Name: Waman Rao vs. Union of India. - Year: 1980. - Topic/Issue: Judicial review of the ninth schedule. - Related Article/Schedule: 368 & Ninth Schedule. - SC Judgment: Held all amendments to Constitution made before April 24, 1973 (Kesavananda Bharati judgment date) & amending Ninth Schedule are valid. But, all amendments made after April 24, 1973, are open to challenge if they damage basic structure. | |
| Shah Bano Case (1985) | Maintenance of Divorced Muslim Wife | - Name: Mohd. Ahmed Khan vs. Shah Bano. - Year: 1985. - Topic/Issue: Maintenance of a divorced Muslim wife. - SC Judgment: Upheld Madhya Pradesh HC judgment. Ruled Muslim husband liable to pay maintenance to divorced wife beyond iddat period. Held Section 125 of CrPC (1973) secular, prevails over personal law. Mahr does not absolve maintenance. Emphasized uniform civil code for national integration. - Impact: Led to enactment of Muslim Women (Protection of Rights on Divorce) Act, 1986. Overturned judgment, allowed maintenance only during iddat. Danial Latifi case (2001): SC upheld constitutional validity of 1986 Act, but held Muslim husband liable to pay maintenance even after iddat. | |
| D.C. Wadhwa Case (1986) | Ordinance-Making Power of the Governor | - Name: D.C. Wadhwa vs. State of Bihar. - Year: 1986. - Topic/Issue: Ordinance-making power of the Governor. - Related Article/Schedule: 213. - SC Judgment: Pointed out Bihar Governor promulgated 256 ordinances (1967-1981), kept in force for 1-14 years by re-promulgation. Held exceptional power under Art 213 cannot be used as substitute for law-making power of state legislature. Ruled such practice ‘subversion of democratic process’ & ‘fraud on the constitution’. Opined ordinance-making power for extraordinary situation, not for ‘political ends’. Declared re-promulgated Bihar Intermediate Education Council Ordinance 1985 unconstitutional & invalid. - Impact: Exposed misuse of ordinance-making power by executive. | |
| M.C. Mehta Case (1986) | Power of the Supreme Court to Award Compensation | - Name: M.C. Mehta vs. Union of India. - Year: 1986. - Popular Name: Oleum Gas Leak case. - Topic/Issue: Power of the Supreme Court to award compensation. - Related Article/Schedule: 21 & 32. - SC Judgment: Held SC power under Art 32 is not only injective (prevent infringement) but also remedial (provide relief). Power to grant remedial relief includes power to award compensation. Clarified FR infringement must be gross & patent. Instant applications for compensation for FR to life (Art 21) maintainable under Art 32. - Impact: Expanded ambit of Environmental Law. Introduced absolute liability principle (no-fault liability) instead of strict liability. | |
| Kihoto Hollohan Case (1992) | Defection Case | - Name: Kihoto Hollohan vs. Zachillhu. - Year: 1992. - Topic/Issue: Validity of anti-defection law. - Related Article/Schedule: 368 & Tenth Schedule. - SC Judgment: Declared paragraph 7 of Tenth Schedule (inserted by 52nd Amendment Act 1985) unconstitutional (violated Art 368(2)). Held paragraph 7 required ratification by half of state legislatures for excluding SC (Art 136) & HC (Art 226) jurisdiction. Upheld validity of remaining Tenth Schedule. - Impact: Led to appointment of Ram Nandan Committee (identify creamy layer among OBCs), establishment of statutory NCBC, enactment of 5 amendment acts (76th, 77th, 81st, 82nd, 85th) related to reservations. | |
| Indra Sawhney Case (1992) | Mandal Case | - Name: Indra Sawhney vs. Union of India. - Year: 1992. - Topic/Issue: Reservation for OBCs in government jobs. - Related Article/Schedule: 16. - SC Judgment: Upheld validity of impugned executive order providing 27% reservation for OBCs under Art 16(4), with conditions: exclude creamy layer, no reservation in promotions, max reservation 50%, 50% ceiling on backlog vacancies, no relaxation in qualifying marks for promotions. Invalidated 10% additional reservation for other economically backward sections. - Impact: Led to: appointment of Ram Nandan Committee (identify creamy layer); establishment of statutory NCBC; enactment of 5 amendment acts (76th, 77th, 81st, 82nd, 85th) related to reservations. | |
| Mohini Jain Case (1992) | Capitation Fee Case | - Name: Mohini Jain vs. State of Karnataka. - Year: 1992. - Topic/Issue: Right to education. - Related Article/Schedule: 21 & 41. - SC Judgment: Ruled right to education is fundamental right under Art 21. Extends to all levels (professional education). Right to life (Art 21) & dignity cannot be assured without education. State under constitutional mandate to provide educational institutions. Charging capitation fee amounted to patent denial of citizen’s right to education, violative of Art 14. Capitation fee is price for selling education. ‘Teaching shops’ contrary to constitutional scheme. - Impact: Formed basis for Unni Krishnan case (1993), led to 86th Amendment Act (2002). | |
| Unni Krishnan Case (1993) | Right to Education | - Name: Unni Krishnan vs. State of A.P. - Year: 1993. - Topic/Issue: Right to education. - Related Article/Schedule: 21 & 45. - SC Judgment: Held right to education is fundamental right under Art 21, flows from right to life. Only children have right to free education until 14 years. After 14, State obligation depends on economic capacity/development. State obliged to follow Art 45 (DP) directions for free/compulsory education until 14. Art 21 construed in light of Art 41, 45, 46 (DPs). Obligations discharged by own institutions or aiding/recognizing private institutions. Private unaided professional institutions can charge higher fee, but no commercialization. - Impact: Led to 86th Amendment Act (2002) (added new Art 21A, made right to education independent FR). Parliament enacted RTE Act (2009). | |
| Supreme Court Advocates-on-Record Association Case (1993) | Second Judges Case | - Name: Supreme Court Advocates-on-Record Association vs. Union of India. - Year: 1993. - Topic/Issue: Appointment of Supreme Court and High Court Judges. - Related Article/Schedule: 124 & 217. - SC Judgment: Overruled S.P. Gupta case (1981). Held SC/HC judges appointed by President in accordance with CJI’s advice. CJI tenders advice after consulting 2 seniormost colleagues. CJI appointed seniormost judge. - Impact: Led to formulation of Memorandum of Procedure for judge appointment. ‘Collegium system’. | |
| S.R. Bommai Case (1994) | President’s Rule | - Name: S.R. Bommai vs. Union of India. - Year: 1994. - Topic/Issue: President’s rule. - Related Article/Schedule: 356. - SC Judgment: Upheld constitutional validity of President’s rule in MP, HP, Rajasthan (1992). Declared imposition in Nagaland (1988), Karnataka (1989), Meghalaya (1991) unconstitutional & invalid. Laid down propositions for Art 356: (a) Proclamation subject to judicial review. (b) Burden on Union to prove relevant material existed. (c) Art 74(2) not bar against scrutiny of material. (d) If proclamation invalid, court can restore LA & Ministry. (e) Secularism is basic structure, anti-secular acts ground for PR. - Impact: Placed check on arbitrary exercise of Art 356 power by Centre. | |
| Vishaka Case (1997) | Sexual Harassment of Women at Workplace | - Name: Vishaka vs. State of Rajasthan. - Year: 1997. - Topic/Issue: Sexual harassment of women at workplace. - Related Article/Schedule: 15 & 21. - SC Judgment: Held sexual harassment of women at workplace is violation of Art 15 & 21. Employer/responsible person’s duty to prevent harassment. Gave detailed directions (‘Vishaka Guidelines’) to be observed until suitable legislation. - Impact: Guidelines filled legislative vacuum. Led to enactment of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. | |
| Vineet Narain Case (1997) | Autonomy and Efficient Functioning of CBI | - Name: Vineet Narain vs. Union of India. - Year: 1997. - Popular Name: Jain Hawala case. - Topic/Issue: Autonomy and efficient functioning of CBI. - Related Article/Schedule: 14. - SC Judgment: Directed statutory status for CVC. Issued directions to make CBI autonomous, function effectively/efficiently, viewed as non-partisan. Issued similar directions for Enforcement Directorate (ED). Struck down validity of arbitrary provision of Single Directive (required CBI to obtain prior permission from Central Government for investigation against Joint Secretary & above). - Impact: Led to enactment of CVC Act (2003) (conferred statutory status on CVC). CVC Act vested CBI superintendence in CVC. Reinstated Single Directive (declared invalid by SC 2014). | |
| Association for Democratic Reforms Case (2002) | Poll Reforms Case | - Name: Union of India vs. Association for Democratic Reforms. - Year: 2002. - Popular Name: Poll Reforms case. - Topic/Issue: Criminalization of politics. - Related Article/Schedule: 19. - SC Judgment: Held voter has right to know candidate’s antecedents (criminal past) as part of Art 19(1)(a) (freedom of speech/expression). Information about candidate must be selected. Democracy cannot survive without free/fair/informed voters. Directed EC to make it mandatory for candidates to furnish information on: conviction/acquittal/discharge in criminal offence; pending cases (punishable with >2 years imprisonment, charges framed/cognizance taken); assets; liabilities; educational qualifications. - Impact: Led to ECI order (2003) directing candidates to furnish information. | |
| T.M.A. Pai Foundation Case (2002) | Rights of Minority Educational Institutions | - Name: T.M.A. Pai Foundation vs. State of Karnataka. - Year: 2002. - Topic/Issue: Rights of minority educational institutions. - Related Article/Schedule: 29 & 30. - SC Judgment: Laid down propositions for minority educational institutions’ rights & restrictions: (a) Linguistic/religious minorities covered by ‘minority’ under Art 30. For determining minority, unit is State, not whole of India. (b) Art 30(1) gives minorities right to establish/administer educational institutions of their choice. Includes professional institutions. (c) Admission to unaided minority institutions cannot be regulated by State/university (except for qualifications/minimum conditions). (d) Right to administer not absolute; regulatory measures for educational standards/excellence. (e) If aid received, governed by Art 29(2), cannot refuse admission on grounds of religion, race, caste, language. (f) For aided professional institutions, common entrance test necessary. (g) Minority institution can have own admission procedure/selection, but must be fair/transparent, based on merit. - Impact: To overcome effect of this judgment & P.A. Inamdar case (2005), 93rd Amendment Act (2005) enacted. Inserted new Clause (5) in Art 15. Empowers state to make special provision for advancement of socially & educationally backward classes or SCs/STs regarding admission to educational institutions (includes private aided/unaided, except minority). | |
| Naveen Jindal Case (2004) | Right to Fly the National Flag | - Name: Union of India vs. Naveen Jindal. - Year: 2004. - Topic/Issue: Right to fly the national flag. - Related Article/Schedule: 19. - SC Judgment: Held right to fly national flag freely with respect/dignity is fundamental right under Art 19(1)(a) (freedom of speech/expression). Right is expression of citizen’s allegiance/feelings/sentiments of pride for nation. Cannot be used for commercial purpose. | |
| Prakash Singh Case (2006) | Police Reforms | - Name: Prakash Singh vs. Union of India. - Year: 2006. - Topic/Issue: Police reforms. - SC Judgment: Issued 7 directives to Central government, state governments, UTs for police reforms (ensure police machinery functions without political interference): (i) Constitution of State Security Commission. (ii) Selection of DGP from 3 seniormost officers empanelled by UPSC; minimum 2-year tenure. (iii) Minimum 2-year tenure for police officers on operational duties. (iv) Separation of investigation police from law & order police. (v) Setting up Police Establishment Board. (vi) Setting up Police Complaints Authority at state & district levels. (vii) Setting up National Security Commission at central level. - Impact: Police reforms introduced partially. Did not eliminate political interference in postings/transfers. State Security Commissions & Police Establishment Boards set up in most states, but not effective, lack authority for binding recommendations. HCs issued orders for compliance. | |
| M. Nagaraj Case (2006) | Reservation in Promotions for SCs and STs | - Name: M. Nagaraj vs. Union of India. - Year: 2006. - Topic/Issue: Reservation in promotions for SCs and STs. - Related Article/Schedule: 16 & 335. - SC Judgment: Upheld constitutional validity of 77th Amendment Act (1995), 81st Amendment Act (2000), 82nd Amendment Act (2000), 85th Amendment Act (2001). Held impugned amendments (Art 16(4A), 16(4B)) flow from Art 16(4), do not alter Art 16(4) structure. Retain controlling factors (backwardness, inadequacy of representation, overall efficiency). Amendments confined to SCs/STs. Do not obliterate constitutional requirements (50% ceiling, creamy layer, sub-classification, post-based roster). - Impact: Upheld reservation in promotions for SCs/STs. | |
| I.R. Coelho Case (2007) | Ninth Schedule Case | - Name: I.R. Coelho vs. State of Tamil Nadu. - Year: 2007. - Popular Name: Ninth Schedule case. - SC Judgment: Reaffirmed Waman Rao (1980). Held amendments to Constitution made on/after April 24, 1973 (Kesavananda Bharati judgment date) & amending Ninth Schedule are open to challenge if they damage basic structure. Ruled no blanket immunity from judicial review. Judicial review is ‘basic feature’. Laws placed in Ninth Schedule after April 24, 1973, open to challenge if violate Art 14, 15, 19, 21 or basic structure. - Impact: Placed check on Parliament’s power to grant blanket immunity to laws by including in Ninth Schedule. | |
| Aruna Ramachandra Shanbaug Case (2011) | Euthanasia | - Name: Aruna Ramachandra Shanbaug vs. Union of India. - Year: 2011. - Topic/Issue: Euthanasia. - Related Article/Schedule: 21. - SC Judgment: Held active euthanasia & assisted death are not permissible, illegal. Passive euthanasia permissible with conditions/safeguards/procedure. - Conditions for passive euthanasia: decision by parents/spouse/close relatives, or next friend/doctors. Requires HC approval. HC constitutes Bench of 2+ judges. Bench seeks opinion of 3 reputed doctors. HC issues notice to State, close relatives, next friend. After hearing, HC gives verdict. - Impact: Clarified legal position on euthanasia. | |
| People’s Union for Civil Liberties Case (2013) | NOTA Case | - Name: People’s Union for Civil Liberties vs. Union of India. - Year: 2013. - Popular Name: NOTA case. - Topic/Issue: Electoral reforms. - Related Article/Schedule: 14, 19 & 21. - SC Judgment: Held Rules 41(2) & (3) and 49-O of Conduct of Election Rules 1961 (recognize voter not to vote) are ultra-vires Section 128 of Representation of People Act 1951 & Art 19(1)(a) (violate voting secrecy). Directed EC to provide necessary provision in ballot papers/EVMs for ‘None of the Above’ (NOTA) option. Voters can exercise right not to vote while maintaining secrecy. | |
| Lily Thomas Case (2013) | Criminalization of Politics | - Name: Lily Thomas vs. Union of India. - Year: 2013. - Topic/Issue: Criminalization of politics. - Related Article/Schedule: 102 & 191. - SC Judgment: Held MPs/MLAs convicted for offences lose membership immediately (disqualification from date of conviction). Struck down Section 8(4) of Representation of People Act 1951 (allowed convicted lawmakers 3 months appeal time). Declared Section 8(4) unconstitutional (beyond Parliament’s powers under Art 102/191). - Impact: Led to immediate disqualification of convicted MPs/MLAs. Representation of People (Second Amendment and Validation) Bill, 2013 introduced to nullify ruling (later withdrawn). | |
| T.S.R. Subramanian Case (2013) | Civil Service Reforms | - Name: T.S.R. Subramanian vs. Union of India. - Year: 2013. - Topic/Issue: Civil service reforms. - SC Judgment: Issued directions to Central government, state governments, UTs for civil service reforms (effective, efficient, transparent administration, accountability, stability). Directions: (i) Constitution of Civil Service Boards to guide/advise governments on transfers, postings, disciplinary action. (ii) Providing fixed minimum tenure of service to civil servants. (iii) Mandating civil servants not to act on verbal/oral instructions/orders/suggestions/proposals/directions (must be in writing, formally recorded). - Impact: Led to amendments in Rule 7 of IAS, IPS, IFoS (Cadre) Rules (2014 notification). Central Services respective Cadre Controlling Authorities directed to implement. Civil Service Boards in States/UTs not functioning effectively. | |
| National Legal Services Authority Case (2014) | Rights of Transgender Persons | - Name: National Legal Services Authority vs. Union of India. - Year: 2014. - Topic/Issue: Rights of transgender persons. - Related Article/Schedule: 14 & 21. - SC Judgment: Declared Transgenders along with Hijras/Eunuchs as ‘third gender’. Held fundamental rights under Part III equally applicable to them. Upheld transgender persons’ right to decide self-identified gender. Directed Central/State Governments to grant legal recognition of gender identity (male, female, third gender). Directed to treat as socially & educationally backward classes, extend all kinds of reservation (education, public appointments). Held non-recognition denies equal protection (Art 14). Right to self-determination of gender integral to dignity, core of ‘personal autonomy’ & ‘self-determination’. - Impact: Led to enactment of Transgender Persons (Protection of Rights) Act, 2019. Protects rights, welfare. Prohibits discrimination, confers recognition, self-perceived gender identity. | |
| Shreya Singhal Case (2015) | Restrictions on Online Speech | - Name: Shreya Singhal vs. Union of India. - Year: 2015. - Topic/Issue: Restrictions on online speech. - Related Article/Schedule: 19. - SC Judgment: Struck down Section 66A of Information Technology Act (2000) (punishment for sending offensive messages). Held violative of freedom of speech (Art 19(1)(a)). Not saved by Art 19(2) (vague, over-broad). Wider circulation over internet cannot restrict content of right, cannot justify denial of right. - Impact: Protected online speech. | |
| Supreme Court Advocates-on-Record Association Case (2015) | Fourth Judges Case | - Name: Supreme Court Advocates-on-Record Association vs. Union of India. - Year: 2015. - Popular Name: Fourth Judges case or NJAC case. - Topic/Issue: Appointment of Supreme Court and High Court Judges. - Related Article/Schedule: 124 & 217. - SC Judgment: Declared 99th Amendment Act (2014) unconstitutional & void (affected independence of judiciary, basic structure). Declared National Judicial Appointments Commission Act (2014) unconstitutional & void. Declared earlier ‘collegium system’ operative. Ordered listing case to consider appropriate measures for improved working of ‘collegium system’. - Impact: Both 99th Amendment & NJAC Act invalid. Collegium system restored. | |
| Shayara Bano Case (2017) | Triple Talaq Case | - Name: Shayara Bano vs. Union of India. - Year: 2017. - Popular Name: Triple Talaq case. - Topic/Issue: Divorce in the muslim community. - Related Article/Schedule: 14. - SC Judgment: Declared triple talaq (‘talaq-e-biddat’) unconstitutional. Held manifestly arbitrary (marital tie broken capriciously without reconciliation), violative of Art 14. Declared Section 2 of Muslim Personal Law (Shariat) Application Act 1937 void (recognizes/enforces triple talaq). Held triple talaq against Holy Quran tenets. Directed Central government to make law for divorce in Muslim community within 6 months. Court injunction against pronouncement of triple talaq. - Impact: Led to enactment of Muslim Women (Protection of Rights on Marriage) Act, 2019 (‘Triple Talaq Act’). Protects married Muslim women, prohibits divorce by triple talaq. | |
| K.S. Puttaswamy Case (2017) | Right to Privacy Case | - Name: K.S. Puttaswamy vs. Union of India. - Year: 2017. - Popular Name: Right to privacy case. - Topic/Issue: Fundamental right to privacy. - Related Article/Schedule: 21. - SC Judgment: Declared right to privacy is fundamental right. Protected as intrinsic part of Art 21 (life/personal liberty) & part of freedoms under Part III. Privacy safeguards individual autonomy, ability to control vital aspects of life. Not absolute right, subject to reasonable restrictions. Law encroaching privacy must withstand procedure (fair, just, reasonable) & proportionality (legality, legitimate state aim, proportionality). - Impact: Overruled M.P. Sharma (1954) & Kharak Singh (1962) (held privacy not protected). Clarified previous judgments recognizing privacy as FR. Influenced later judgments: Young Lawyers Association case (2018), Joseph Shine case (2018), Navtej Singh Johar case (2018). - Aadhaar judgment (2018) (Puttaswamy-II judgment): SC upheld constitutional validity of Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. Held Aadhaar requirement does not violate privacy (no pervasive surveillance, data protection). Struck down certain provisions, suggested changes. Aadhaar and Other Laws (Amendment) Act, 2019 enacted. | |
| Indian Young Lawyers Association Case (2018) | Sabarimala Case | - Name: Indian Young Lawyers Association vs. State of Kerala. - Year: 2018. - Popular Name: Sabarimala case. - Topic/Issue: Women’s entry into Sabarimala temple. - Related Article/Schedule: 14, 21 & 25. - SC Judgment: Held women of all ages can enter Sabarimala temple & worship Lord Ayyappa. Declared ban on entry of women (10-50 years) unconstitutional. Held ban violates Art 14 (equality), 21 (life/personal liberty), 25 (freedom of religion). Struck down Rule 3(h) of Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules 1965. - Impact: Led to protests/hartals. Some women entered temple. Review Bench (5 judges) referred case to larger bench (9 judges) in Nov 2019. | |
| Joseph Shine Case (2018) | Decriminalisation of Adultery | - Name: Joseph Shine vs. Union of India. - Year: 2018. - Topic/Issue: Decriminalisation of adultery. - Related Article/Schedule: 14, 15 & 21. - SC Judgment: Decriminalized adultery. Struck down Section 497 of IPC (criminalized adultery) as unconstitutional. Held section violates Art 14, 15, 21. Declared Section 198(2) of CrPC unconstitutional (to extent applicable to adultery). Held substantive provision goes, procedural provision follows. Adultery no longer criminal offence. - Impact: Overruled previous judgments upholding Section 497. Adultery now civil wrong, ground for divorce. | |
| Navtej Singh Johar Case (2018) | Decriminalisation of Homosexuality | - Name: Navtej Singh Johar vs. Union of India. - Year: 2018. - Topic/Issue: Decriminalisation of homosexuality. - Related Article/Schedule: 14, 15, 19 & 21. - SC Judgment: Decriminalized homosexuality. Partly struck down Section 377 of IPC (criminalized carnal intercourse against order of nature) as unconstitutional (insofar as criminalizes consensual sexual acts of adults of same sex). Held section violates Art 14 (equality), 15 (non-discrimination), 19(1)(a) (freedom of expression), 21 (dignity/privacy). LGBT persons entitled to same fundamental rights. - Impact: Overruled Suresh Kumar Koushal case (2013) (upheld Section 377). LGBT community can now engage in consensual sexual conduct. Provisions of Section 377 continue for non-consensual acts, minors, bestiality. | |
| M. Siddiq Case (2019) | Ayodhya Case | - Name: M. Siddiq vs. Mahant Suresh Das. - Year: 2019. - Topic/Issue: Ram Janmabhoomi-Babri Masjid land dispute. - SC Judgment: Awarded entire 2.77 acres of disputed land in Ayodhya to deity Ram Lalla Virajman. Directions: (i) Centre to formulate scheme for trust to construct Ram Mandir at disputed site. (ii) Centre & UP government to allot alternative 5 acres of land to UP Sunni Central Waqf Board for mosque construction. (iii) In framing trust scheme, appropriate representation to Nirmoni Akhara. - Suit by Akhara claiming shebaiti rights dismissed (barred by limitation). - Impact: Ended century-old dispute, shook communal harmony. Centre announced Shri Ram Janmabhoomi Therth Kshetra trust. UP government announced 5 acres for mosque. Overturned Allahabad HC (2010) judgment (divided disputed land equally among 3 parties). | |
| Anuradha Bhasin Case (2020) | Suspension of Internet Services | - Name: Anuradha Bhasin vs. Union of India. - Year: 2020. - Topic/Issue: Suspension of internet services. - Related Article/Schedule: 19. - SC Judgment: Held freedom of speech/expression & profession/trade/business over internet enjoys constitutional protection (Art 19(1)(a), 19(1)(g)). Restriction must be in consonance with Art 19(2), 19(6) & proportionality test. Order suspending internet services indefinitely impermissible (Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017). Order must adhere to proportionality, not extend beyond necessary duration. - Impact: Led to emergence of right to access internet as fundamental right. Recognized government’s right to shutdown internet (adhering to proportionality). Created potential conflicts in internet services provision. | |
| Rambabu Singh Thakur Case (2020) | Criminalization of Politics | - Name: Rambabu Singh Thakur vs. Sunil Arora. - Year: 2020. - Topic/Issue: Criminalization of politics. - SC Judgment: Issued directions to curb growing incidence of criminals in politics: (i) Mandatory for political parties (Central/state election level) to upload detailed information on website regarding individuals with pending criminal cases (nature of offences, particulars, charges framed, court, case number). (ii) Parties state reasons for selection, & why others without criminal antecedents not selected. (iii) Information published in local vernacular newspaper, national newspaper, social media platforms. - Impact: ECI sent communication to parties to follow directions. Released new Form C-7 for information on selected candidates’ criminal background. | |
| 91. Important Doctrines of Constitutional Interpretation | Doctrine of Severability | Meaning of the Doctrine | - Also ‘doctrine of separability’. - Devised by SC to resolve validity of unconstitutional laws. - If part of law unconstitutional, question: whole law void or only unconstitutional part? - If offending provision separable from constitutional part, only offending part void. Rest valid. - If not separable, whole law void. |
| Basis of the Doctrine | - Article 13 is basis. 1. Art 13(1): pre-Constitution laws void to extent inconsistent with FRs. 2. Art 13(2): prohibits state from making law taking away/abridging FRs; such law void to extent of contravention. - Only portion of law violating FRs declared void, not whole. - Supreme Court: ‘question whether a statute which is void in part is to be treated as void in toto… depends on whether what is valid could be separated from what is invalid’. - R.M.D. Chamarbaugwalla vs. Union of India (1957). | ||
| Propositions of the Doctrine | - SC laid down propositions/rules: 1. Determining separability: legislature’s intention is determining factor. Test: whether legislature would have enacted valid part if known rest invalid. 2. If valid & invalid provisions inextricably mixed, invalidity of portion results in invalidity of whole Act. 3. If valid & invalid provisions distinct but form single scheme intended to operate as whole, invalidity of part results in failure of whole. 4. If valid & invalid parts independent, but what remains after omitting invalid is too thin/truncated, rejected in entirety. 5. Separability does not depend on section; substance of matter is material, ascertained by examining whole Act & relevant provision setting. 6. If after expunging invalid, what remains cannot be enforced without alterations, whole struck down (judicial legislation). 7. Determining legislative intent: consider history of legislation, object, title, preamble. - Important Cases in Table 91.1. | ||
| Doctrine of Waiver | Meaning of the Doctrine | - Based on premise: person entitled to right/privilege can waive/give up. - Voluntary renunciation of known right/privilege. - Defined: ‘intentional relinquishment of a right… conscious abandonment of an existing legal right, advantage, benefit, claim or privilege… agreement not to assert a right’. - Waiver requires full information of rights, full knowledge, intentional abandonment. - Not applicable to fundamental rights in India (citizens cannot waive). - Applicable to fundamental rights in USA. - In India, ‘doctrine of non-waiver’. | |
| Position in India | - Supreme Court observations on application to India: 1. FRs cannot be waived by citizen. Mandatory on state, necessary for Preamble objectives. State cannot be relieved of obligation. 2. Waiver doctrine (USA) cannot be introduced in Indian Constitution. 3. FRs not merely for individual benefit, but public policy. Waiver doctrine no application to laws enacted as constitutional policy. 4. Art 15(1), 20, 21 make proposition plain. Citizen cannot get discrimination by telling State to discriminate, or get convicted by waiving protection. - Basheshar Nath vs. Commissioner of Income Tax (1958). | ||
| Important Cases | - Important cases relating to doctrine of waiver in Table 91.2. | ||
| Doctrine of Eclipse | Meaning of the Doctrine | - Prospective nature of Art 13(1) led to emergence. - Art 13(1): pre-Constitution laws void to extent inconsistent with FRs. - Based on notion: pre-constitutional law inconsistent with FR is not nullity/void from inception. - Becomes inoperative, overshadowed/eclipsed by FR, remains dormant, not dead. - Not wiped out completely from statute book. - Continues to exist for: past transactions; enforcement of acquired rights/liabilities; determination of non-citizens’ rights. - Does not become void ‘in toto’ or for all purposes/times. | |
| Formulation of the Doctrine | - Enunciated by SC in Bhikaji case (1955). - Section 43 of Motor Vehicles Act (1939) amended (1947) empowered State GoI to take over motor transport business (violated Art 19(1)(g)). Void in 1950. - 1st Amendment Act (1951) amended Art 19(6), enabled GoI to take over trade/business. State GoI notification to take over motor transport business challenged. - SC held impugned Act eclipsed by FR, but amendment removed shadow. Upheld notification by applying doctrine of eclipse. - Application to Post-Constitutional Laws: Art 13(1) deals with pre-Constitution laws; Art 13(2) deals with post-Constitution laws (prohibits state from making law taking away/abridging FRs, such law void to extent of contravention). - Deep Chand case (1959): SC held doctrine applies only to pre-Constitution laws, not post-Constitution laws. Post-Constitution law violating FR is nullity/void from inception, still-born, cannot be revived. - Mahendra Lal Jain case (1962): SC reiterated Deep Chand, doctrine cannot apply to post-Constitution laws. - Ambica Mills case (1974): SC reversed earlier stand, applied doctrine to post-Constitution law. Held post-Constitution law violating FR not nullity in all cases/purposes. Effective for non-citizens. - Later, SC applied doctrine to post-Constitution law even against citizens in Dulare Lodh case (1984). | ||
| Rationale of the Doctrine | - SC founded doctrine to relieve statute from invalidity/unconstitutionality. - S.S. Bola vs. B.D. Sardana (1997): SC explained rationale. | ||
| Important Cases | - Important cases relating to doctrine of eclipse in Table 91.3. | ||
| Doctrine of Territorial Nexus | Meaning of the Doctrine | - Related to Article 245 (extent of laws by Parliament/state legislatures). - Parliament: empowered to make laws for whole/any part of India. Can make ‘extra-territorial legislation’ (laws applicable to Indian citizens/property anywhere). - State Legislature: empowered to make laws for whole/any part of state. Cannot make ‘extra-territorial legislation’. - General rule: state laws not applicable outside state. - Exception: extra-territorial legislation by state legislature valid if sufficient nexus between state & object. - Object need not be physically located in state territory, but sufficient nexus/connection between state & subject-matter of law. - State law with extra-territorial operation held valid by applying doctrine. | |
| Formulation of the Doctrine | - In pre-Constitution period, applied in 3 cases (Raleigh case 1944, Wadia case 1949, Wallace case 1948) related to income-tax law. - In post-Constitution period, applied in R.M.D. Chamarbaugwalla case (1957) (gambling tax law). SC held tax law upheld if sufficient territorial nexus between taxed person & taxing state. - Clarified sufficiency of nexus involves 2 elements: nexus must be real, not illusory; liability imposed must be relevant to nexus. - In TISCO case (1958), SC applied to sales-tax law. - NTPC case (2002): SC explained doctrine based on Art 245. Extra-territorial operation by Parliament, not state legislature (exception: territorial nexus). Nexus must be sufficient & real. | ||
| Application to Non-Tax Laws | - Applicable to non-tax laws (not just income-tax, gambling tax, sales-tax). - Charusila Dasi case (1959): SC held state legislature empowered to make laws for charitable/religious trusts in state (even if property in another state). Empowered to make laws for trustees/servants/agents. Upheld validity of Bihar law for trust property in West Bengal. - Shrikant case (1994): SC held Gujarat State empowered to make law for ceiling of agricultural land (considering land outside state). Upheld validity of Gujarat Agricultural Land Ceiling Act (1960). | ||
| Exceptions to the Doctrine | - Not applicable in 2 situations: 1. State government (acting under Motor Vehicles Act) approves scheme for inter-state routes for State Transport Undertaking. Khazan Singh case (1973): SC upheld validity of UP scheme nationalizing routes between UP & Rajasthan. 2. State carries on trade/business under Art 298. Khazan Singh case (1973): SC held trade/business not restricted to state boundaries. | ||
| Doctrine of Pith and Substance | Meaning of the Doctrine | - Related to Article 246 (division of legislative powers). - Art 246: specifies subjects in Union, State, Concurrent Lists. Parliament/state legislatures make laws within jurisdiction, not encroach. - If encroachment, validity determined by applying doctrine. - Law in question looked into as organic whole, not collection of sections. - Determine true nature & character (pith & substance) of impugned law. - If pith & substance relates to subject within enacting legislature’s domain, law valid (even if incidentally encroaches). - For applying doctrine: regard to whole enactment, main objects, scope & effect of provisions. | |
| Rationale of the Doctrine | - Evolved by Privy Council (determined legislative competence in Canada/Australia). - Established in India. - A.S. Krishna vs. State of Madras (1956): SC explained rationale. ‘Federal Constitution… distribution of legislative powers… overlapping inevitable’. - Prafulla Kumar Mukherjee vs. Bank of Commerce (1947): Privy Council applied doctrine. Held Bengal Money Lenders Act 1946 valid (in pith & substance, ‘money lending’, state subject), even if incidentally encroached on ‘promissory notes’ (central subject). - Privy Council laid down principles: 1. No clear-cut demarcation of powers. Overlapping inevitable. Questions: what is effect of enactment? In what list is true nature/character? (Beneficent legislation stifled if not). 2. Extents of invasion by Provinces into Federal List considered. Not for determining validity by degrees of invasion, but for determining pith & substance. 3. If lists conflict, Union List priority over Concurrent/State. Concurrent List priority over State. Priority in what respect? Does Federal Legislature priority prevent Provincial Legislature from dealing with matter? - In post-Constitution period, SC consistently applied principles. - Important Cases in Table 91.3. | ||
| Doctrine of Colourable Legislation | Meaning of the Doctrine | - Also ‘doctrine of fraud on the constitution’. - Based on maxim: ‘you cannot do indirectly, what you cannot do directly’. - Legislature seeks to do indirectly what it cannot do directly. - Emerges when legislature had no power to legislate on item (not in list, or limitations imposed by Part III/Constitution). - If legislature, though appears within powers, in substance/reality transgressed, law void. - ‘Colourable legislation’: legislature pretends to act within power, but in fact not. | |
| Propositions of the Doctrine | - SC laid down propositions: 1. If Constitution distributes legislative powers, or has limitations (FRs), question arises if legislature transgressed limits. Transgression can be patent/manifest/direct or disguised/covert/indirect. Latter is ‘colourable legislation’. 2. Idea conveyed: legislature purported to act within powers, but in substance/reality transgressed (veiled by appearance). 3. Substance of Act material, not form/outward appearance. If subject-matter beyond legislature’s powers, form does not save. 4. Legislature cannot violate constitutional prohibitions by indirect method. Enquiry always on true nature/character of challenged legislation. Effect, object, purpose, design considered. 5. Does not involve bona fides or mala fides of legislature. Question is competency. If competent, motives irrelevant. If lacks competency, motive does not arise. Statute constitutionality is question of power. 6. Court must look at language, purpose, effect, operation. If statute is mere colourable device to evade constitutional provisions, Court scrutinizes entirety of statute & other Bills/Acts forming scheme for evasion. - State of Bihar vs. Kameshwar Singh (1952): SC explained ‘colourable piece of legislation’. | ||
| Doctrine of Fraud on Legislative Power | - Different from ‘doctrine of fraud on the Constitution’. - Supreme Court explained distinction: 1. Fraud on legislative power: legislature has power, but does not exercise it, merely pretends. Act is not law, mere pretence. 2. Fraud on the Constitution: serious charge. Legislature has no power, but makes enactment in pretence/purported exercise of power. - Distinction clear & unambiguous. - Fraud on legislative power applicable when legislature has power but not exercised as envisaged. - Fraud on Constitution means legislature has no power but enacts in pretence. - Concepts examined in light of related subject, legislative history, Seventh Schedule entries, legislature’s power to enact law or play fraud. - Important cases relating to doctrine of colourable legislation in Table 91.4. |
| Chapter | Topic | Subtopic | Content |
|---|---|---|---|
| 91. Important Doctrines of Constitutional Interpretation | |||
| Doctrine of Implied Powers | Meaning of the Doctrine | - Also ‘doctrine of implication’. - Based on maxim: ‘whoever grants a thing is deemed also to grant that without which the grant itself would be of no effect’. - Black’s Law Dictionary: ‘implied power’ means ‘a political power that is not enumerated but that nonetheless exists because it is needed to carry out an express power’. - Craies: ‘if a Legislature enables something to be done, it gives power at the same time by necessary implication to do everything which is indispensable for the purpose of carrying out the purposes in view’. - C.B. Pollock: ‘whenever anything is authorized… and it is found impossible to do that thing unless something else not authorized in express terms be also done, then that something will be supplied by necessary intendment’. Invoked where Act confers jurisdiction, also confers implied power for execution. - Justice Gajendragadkar: ‘elementary cardinal rule of interpretation… words used in the Constitution which confer legislative power must receive the most liberal construction… general word… construed to extend to all incidental or subsidiary matters’. | |
| Scope of the Doctrine | - Supreme Court explained scope/effect: - ‘Doctrine of implied powers can be legitimately invoked when it is found that a duty has been imposed or a power conferred on an authority by a statute and it is further found that the duty cannot be discharged or the power cannot be exercised at all unless some auxiliary or incidental power is assumed to exist’. - Impossibility must be general, not specific. - Statutory provision becomes dead-letter without subsidiary power. - Scope of incidental/ancillary power cannot be extended unreasonably. Power to levy tax does not include power to confiscate goods. - Cannot be used as cloak to extend legislature’s power to subjects explicitly mentioned in other lists (e.g., ‘betting and gambling’ does not include taxing). - Cannot be extended to colourable exercise of power or fraud on Constitution. | ||
| Application of the Doctrine | - SC applied doctrine in constitutional cases: - Gopal Chandra Misra case (1978): SC held State HC judge has implied power to revoke resignation. - Rupa Ashok Hurra case (2002): SC held implied power (inherent power) to reconsider own judgments. Curative petition for reconsideration of final judgment. - Raja Ram Pal case (2007): SC held Parliament has implied power (Art 105) to expel members for contempt. - Salil Sabhlok case (2013): SC held Art 316 (Governor’s power to appoint SPSC members) grants implied power to lay down procedures. | ||
| Doctrine of Implied Prohibition | - Opposite of implied powers. - Based on maxim: ‘express mention of one thing implies the exclusion of another’. - Applied in USA, Australia. Central Legislature enumerated powers, residuary powers with State Legislature. Implied prohibition on Central Legislature to legislate on residuary subjects. - Prohibition not applicable to incidental/ancillary encroachments for proper execution of express powers. - Not applicable in India. Indian Constitution enumerates powers for both Central & State Legislatures. Parliament can legislate on Union, Concurrent, residuary subjects. State Legislature on State, Concurrent. Incidental/ancillary powers applied in India. | ||
| Doctrine of Incidental and Ancillary Powers | Meaning of the Doctrine | - Legislative power carries with it incidental/ancillary power necessary for execution. - USA: ‘necessary and proper powers’. Australia: ‘powers incidental to the execution of that power’. - Entries in legislative lists not read narrowly. General word extends to all incidental/ancillary matters. - Power to levy tax includes power to check tax evasion. Power to legislate on rent collection includes remission. - Scope of incidental/ancillary power cannot be extended unreasonably. Power to levy tax does not include power to confiscate goods. - Cannot be used as cloak to extend legislature’s power to subjects explicitly mentioned in other lists (e.g., ‘betting and gambling’ does not include taxing). - Cannot be extended to colourable exercise of power or fraud on Constitution. | |
| Rationale of the Doctrine | - SC founded doctrine to relieve statute from invalidity/unconstitutionality. - S.S. Bola vs. B.D. Sardana (1997): SC explained rationale. - ‘The courts have applied the doctrine of “pith and substance” and in some cases the doctrine of “incidental” or “ancillary” or “subsidiary power” of the legislature to uphold the law or to validate the law declared by the courts as invalid’. - Applied when law in pith & substance within legislative competence, but incidentally trenches on another subject. - ‘Doctrine of incidental or ancillary power is founded upon the principle that the power to enact laws on a subject includes the power to make a valid law retrospectively, if the existing law on the same subject is declared as unconstitutional’. | ||
| Important Cases | - Important cases relating to doctrine of incidental and ancillary powers in Table 91.5. | ||
| Doctrine of Precedent | Meaning of the Doctrine | - Also ‘doctrine of stare decisis’. English doctrine. - Lower courts bound by higher courts’ decisions. - Britain: every court bound by House of Lords decisions. - Settled principle: judgment held for long time should not be unsettled. - ‘Stare decisis et non quieta movere’: ‘to stand by decisions and not to disturb what is settled’. - Lord Coke: ‘those things which have been so often adjudged ought to rest in peace’. - Logic: maintain consistency, avoid uncertainty. - Guiding philosophy: view held for long time not disturbed just because another view possible. | |
| Basis of the Doctrine | - Incorporated in Article 141. - Art 141: law declared by SC binding on all courts in India. - All courts & tribunals (including HCs) must follow SC decisions. - Supreme Court explained significance: - ‘When the Supreme Court decides a principle it would be the duty of the High Court or a subordinate court to follow the decision’. - ‘A judgement of the High court which refuses to follow the decision and directions of the Supreme Court or seeks to revive a decision of the High Court which had been set aside by the Supreme Court is a nullity’. - Impermissible for HC to overrule SC decision on ground of not considering other point. - Judicial discipline & Art 141 mandate: SC law binding on all courts. - Apart from Art 141, courts’ policy to stand by precedent. - Deliberate/solemn decision after argument, necessary for determination, is binding precedent. - Krishna Kumar vs. Union of India (1990). | ||
| Rationale of the Doctrine | - In hierarchical court system, lower tiers must loyally accept higher tiers’ decisions. - Judicial system works if last word accepted. - Supreme Court explained rationale: - ‘Consistency is the cornerstone of the administration of justice’. Creates confidence, achieved by respecting finality rule. - Rules/principles based on public policy. Chaos if not followed. | ||
| Continuation of the Doctrine | - Doctrine promotes certainty, consistency in judicial decisions, enables organic law development. - Supreme Court enunciated importance: - ‘law declared by this Court should be certain, clear and consistent’. Decisions embody law declaration, binding principle for future cases, develop jurisprudence. - Supreme Court observed on consistent opinions: - ‘courts of coordinate jurisdiction, should have consistent opinions’. Different opinions lead to judicial anarchy. - If law position well-settled by SC, judicial impropriety for subordinate courts (including HCs) to ignore. - Supreme Court cautioned: - ‘judicial adventurism cannot be permitted’. Strongly deprecates subordinate courts not applying settled principles, passing whimsical orders. - SC judgments are decisional between litigants but declaratory for nation. - Supreme Court observed: - ‘Enlightened litigative policy… accept as final the pronouncements of this court unless… fundamental importance to national life or reasoning plainly erroneous’. ‘Stare decisis is not a ritual of convenience but a rule with limited exceptions’. | ||
| Doctrine of Occupied Field | Meaning of the Doctrine | - When Parliament enacts law on subject & occupies field, State Legislature has no authority to make law on that field. - When legislative field already occupied by central legislation, no scope for state legislation. - Also ‘doctrine of covered field’. - If matter within exclusive competence of Parliament (Union List), State Legislature prohibited. - If matter within exclusive competence of State Legislature (State List), Parliament prohibited. - If matter in Concurrent List, both Parliament & State Legislature have competence. - Doctrine relevant for laws made with reference to Concurrent List entries. - Originates from Article 254 (inconsistency/repugnancy between Parliament & State Legislature laws). | |
| Doctrine of Repugnancy | - Art 254: in case of inconsistency between parliamentary law & state law (Concurrent List), parliamentary law prevails, state law void to extent of repugnancy. - Supreme Court ascertained repugnancy by 3 principles: (i) Direct Conflict: direct conflict between provisions. (ii) Intended Occupation: Parliament intended exhaustive code, replacing state law. (iii) Occupied Field: law made by Parliament & state legislature occupied same field. - Art 254 also contains exception: if state law reserved for President & received assent, state law prevails. But Parliament can again supersede state law by subsequently enacting law on same matter. State law void to extent of repugnancy. | ||
| Doctrine of Prospective Overruling | Meaning of the Doctrine | - American doctrine. - Applied for first time by SC in Golak Nath case (1967). - When court overrules earlier decision & announces new ruling, can restrict application to future transactions. Past transactions not affected. - Enables court to overrule old precedent from future date only, not retrospectively. | |
| Formulation of the Doctrine | - SC negatived contention that prospective overruling is judicial legislation. - Explained Blackstonian theory of law (Judge discovers, not makes law). - Supreme Court observation: - ‘modern doctrine… suitable for a fast moving society’. Does not do away with stare decisis, but confines to past transactions. Court declares law, but refuses retroactivity. Pragmatic solution reconciling conflicting doctrines. Enables smooth transition, corrects errors without disturbing past. Discretion to prescribe retroactivity limits. Past preserved, future protected. - Basis of the Doctrine: In India, no statutory prohibition against court refusing retroactivity. Doctrine of res-judicata precludes retroactivity for finally decided subject-matter. - Indian Constitution does not expressly/by implication speak against prospective overruling. Art 32, 141, 142 wide/elastic, enable SC to formulate legal doctrines. Limitation: reason, restraint, injustice. | ||
| Propositions of the Doctrine | - SC laid down 3 propositions: 1. Invoked only in matters arising under Constitution. 2. Applied only by highest court (SC). 3. Scope of retroactive operation left to court’s discretion (justice of cause/matter). - SC declared decision will not affect validity of 1st, 4th, 17th Amendments. Parliament has no power to amend Part III to take away/abridge FRs. | ||
| Rationale of the Doctrine | - SC explained rationale: - ‘devise innovated by the apex court to avoid reopening of settled issues and to prevent multiplicity of proceedings’. - Avoids uncertainty, avoidable litigation. - All actions taken prior to declaration of law are validated. Done in larger public interest. | ||
| Criticism of the Doctrine | - Arguments against: 1. Involved legislation by courts. 2. Would not encourage appeals (no benefit). 3. Obiter dictum. 4. Not desirable change. 5. Retroactivity serves as brake on court. - SC observed: ‘objections not insurmountable’. Court can overrule, can restrict ruling to future. Decision not obiter. Stability does not mean injustice. - Continuation of the Doctrine: Upheld & followed in subsequent judgments (Mandal case 1992, Karunakar case 1993). Extended to ordinary statutes. | ||
| Doctrine of Harmonious Construction | Meaning of the Doctrine | - When different Constitution provisions conflict, courts interpret harmoniously to avoid conflictual implications. - Also ‘rule of avoidance of conflict’. - Justice Venkatraama Aiyar: ‘in case of two irreconcilable provisions, they should be so interpreted that effect can be given to both and none of the two is rendered nugatory’. - Justice Mukherjea: ‘If certain provisions in the constitution appear to be in conflict with each other, these provisions should be interpreted so as to effect a reconciliation between them so that, if possible, effect could be given to all’. - Understood in light of: 1. Court reads Constitution as whole, considers different parts. 2. Presumption: no conflict intended by constitution-makers. | |
| Application of the Doctrine | - SC applied doctrine to reconcile conflict: 1. Between FRs & DPs. 2. Between different FRs. 3. Between FRs & amendment procedure. 4. Between FRs & other parts of Constitution. 5. Between different entries of legislative lists (Seventh Schedule). - Supreme Court observation on FRs & DPs: - ‘no disharmony between the directives and the fundamental rights because they supplement each other on aiming at the same goal of bringing about a social revolution and the establishment of a welfare state, which is envisaged in the preamble’. Courts interpret Constitution to ensure DPs implementation, harmonize social objective with individual rights. - Supreme Court observation on legislative lists: - ‘widest amplitude should be given to the language of the entries’. Entries may overlap/conflict. Court’s duty to reconcile, bring harmony. If reconciliation impossible, Union overriding power prevails. - Important cases in Table 91.6. | ||
| Doctrine of Liberal Interpretation | Meaning of the Doctrine | - Constitution interpreted broadly, liberally, not narrowly/pedantically. - Broad/liberal spirit inspires interpreters. - Envisages Constitution not mere law, but machinery for law-making. - Assumes Constitution is living/organic thing, interpreted broadly/liberally. - Justice Higgins: ‘interpret the words of the Constitution on the same principles of interpretation as we apply to any ordinary law… remember that it is a Constitution, a mechanism under which laws are to be made, and not a mere Act which declares what the law is to be’. - Supreme Court explained: - ‘constitutional provision is never static, it is ever evolving and ever changing and, therefore, does not admit of a narrow, pedantic or syllogistic approach’. Constitutional provisions receive broad interpretation, scope/ambit not cut down by astute/restricted approach. - Applied to legislative lists entries: entries not read narrowly/restrictedly. General word extends to all ancillary/subsidiary matters. Widest possible construction. | |
| Doctrine of Literal Interpretation | Meaning of the Doctrine | - Also ‘doctrine of strict construction’ or ‘positivist construction’. - Constitution provisions interpreted with reference to terms alone. - Nothing read into it on grounds of supposed spirit, policy, or for supplying omissions/correcting errors. - Justice Mukherjea: ‘interpret the provisions of our constitution… go by the plain words used by the constitution-makers’. - Supreme Court observation: - ‘courts are not at liberty to declare an Act void because in their opinion it is opposed to a spirit supposed to pervade the Constitution but not expressed in words’. Legislature’s general powers not limited by fundamental law unless express words. | |
| Doctrine of Purposive Interpretation | Meaning of the Doctrine | - Courts, when interpreting Constitution, look into purpose of incorporating provision. - Constitutional interpretation ascertains intention of makers. - Preamble & Constituent Assembly Debates shed light on purposes/intent. - Sir Alladi Krishnaswamy Ayyar: ‘The Preamble to our Constitution expresses what we had thought or dreamt so long’. - Berubari Union case (1960): SC said Preamble is key to makers’ minds. - Supreme Court observation on purposive interpretation: - ‘Constitutional provisions are required to be understood and interpreted with an object-oriented approach’. Not construed narrowly/pedantically. Words general, but full import/true meaning appreciated considering context & purpose. - Justice J.S. Verma: ‘The Constitution is to be interpreted as a living and vibrant organism… construed as enacting concepts’. Constitutional purpose borne in mind. | |
| Doctrine of Creative Interpretation | Meaning of the Doctrine | - Innovative judicial interpretation of Constitution provisions. - Courts evolve new concepts/procedures to meet changing situations. - Golak Nath case (1967): important illustration. SC embarked on creative role by introducing prospective overruling. - Supreme Court observation on creative role: - Art 32, 141, 142 wide/elastic, enable SC to formulate legal doctrines to meet justice ends. Denying this power makes justice instrument ineffective. - Another significant manifestation: Kesavananda Bharati case (1973). SC innovated ‘doctrine of basic structure’. Regarded as watermark of judicial creativity. | |
| 92. World Constitutions | American Constitution | Salient Features | - Formed 1787 (after American Revolution 1775-1783). Adopted 1787, in force 1789. 1. Written Constitution: Classic example. Oldest existing written Constitution. 12 pages, Preamble, 7 Articles, 27 Amendments. 2. Rigid Constitution: Cannot be amended like ordinary laws. Special process. Distinction between constitutional law & ordinary law. - 2 methods for amendment: (i) Proposed by 2/3 votes of both Houses of Congress. Ratified by 3/4 (38 of 50) state legislatures within 7 years. (ii) Proposed by constitutional convention called by 2/3 (34 of 50) state legislatures. Ratified by convention in 3/4 (38 of 50) state legislatures. - Procedure difficult, complicated, slow. Amended only 27 times since 1789. 3. Federal Constitution: First & oldest federal state. Federal republic (50 states, District of Columbia). Division of powers between Federal (Central) Government & State Governments. Limited/specified powers to Centre, residuary powers to States. Each state has own Constitution, elected legislature, governor, SC. 4. Presidential Government: Provides for presidential form. Features: (i) President is head of State & Government. Ceremonial head of State, real executive head of Government. (ii) Elected by electoral college for fixed 4-year tenure. Cannot be removed by Congress except by impeachment. (iii) Governs with Cabinet (‘Kitchen’ Cabinet). Advisory body, non-elected departmental secretaries. Selected/appointed by him, removable by him. (iv) President/secretaries not responsible to Congress. Neither members nor attend sessions. (v) President cannot dissolve House of Representatives. 5. Separation of Powers: Basis of system. Legislative, executive, judicial powers separated, vested in 3 independent organs. Art I: legislative powers to Congress. Art II: executive powers to President. Art III: judicial powers to SC & inferior courts. 6. Checks and Balances: Outcome of separation of powers. Enables each organ to exercise partial control over others. No organ has unrestricted powers. - Aspects of working: (i) President can veto bills passed by Congress (Pocket veto, Qualified veto). (ii) Senate confirms higher appointments & international treaties. (iii) Congress determines organization & appellate jurisdiction of judiciary. (iv) President appoints judges with Senate consent. (v) SC can declare congressional laws & Presidential orders ultra vires. 7. Supremacy of Constitution and Judicial Review: Embodies ‘hierarchy of laws’. Written Constitution highest law. Statutes of Congress/state legislatures must conform. SC declares ultra vires. SC acts as custodian of Constitution through judicial review. 8. Bill of Rights: First Constitution to carry Bill of Rights. Guarantees civil, political, economic rights. ‘No person deprived of life, liberty, property without due process of law’. Imposes restrictions on Government authority. SC acts as protector through judicial review. 9. Bicameralism: Federal Legislature (Congress) bicameral (Senate, House of Representatives). Senate upper House (100 members, 2 elected from each state, fixed 6-year term). House of Representatives lower House (435 members, elected from single-member constituencies, fixed 2-year term). Senate more powerful. - American President: - Mode of Election: Indirect election (Constitution). Political parties/conventions converted to direct election. - Constitutionally, President elected by electoral college. Members (Presidential Electors) directly elected by people. Number of electors = number of members in Congress (House + Senate). 3 votes for District of Columbia. Total 538 electors. Candidate needs 270 votes. - Members of electoral college not members of Congress. College dissolves after election. - If no candidate secures majority, House of Representatives elects President from top 3 candidates. Occurred 3 times (1800, 1824, 1876). - Qualifications, Term and Removal: - Qualifications: Natural born citizen, 35 years old, 14 years resident (not necessarily consecutive). - Term: Fixed 4 years. Eligible for re-election once. 22nd Amendment Act (1951) fixed max total term 10 years. Term begins Jan 20. - Removal: Impeachment for treason, bribery, high crimes/misdemeanors. House of Representatives initiates by majority vote. Senate tries case (judicial tribunal, CJI presides). If Senate passes impeachment resolution by 2/3 majority, President impeached. No American President removed by impeachment. 5 impeachment attempts (Andrew Johnson 1868, Richard Nixon 1974, Bill Clinton 1998, Donald Trump 2019, 2021). - Powers and Functions: Strongest democratic office. Lord Bryce: ‘greatest office’. Munro: ‘largest amount of authority’. Harold Laski: ‘more and less than a King’. - Derives powers from: Constitution, Congress statutes, judicial interpretations, political conventions. 1. Enforce Constitution, federal laws, treaties, judicial decisions. 2. Supreme commander of armed forces. 3. Appoint SC judges, ambassadors, heads of executive departments, diplomatic officials, consuls. 4. Formulate foreign policy, conduct foreign affairs. 5. Grant pardon/reprieve for federal offences (except impeachment). 6. Bill approval: 3 options: (i) Assent: bill becomes Act. (ii) Reject/return to Congress within 10 days. If Congress re-passes by 2/3 majority, bill becomes law (President must sign). ‘Qualified Veto’. (iii) Reserve: bill becomes law after 10 days without assent. If Congress ends session before 10 days, bill dies. ‘Pocket Veto’. 7. Send messages to Congress proposing legislative measures. 8. Call special sessions of Congress. 9. Prepare national budget, submit to Congress. 10. Make rules/regulations in form of executive orders. ‘Delegated legislation’. 11. Adjourn Congress if disagreement between houses on adjournment date. |
| British Constitution | Salient Features | - Constitution of UK (Great Britain & Northern Ireland). Great Britain: England, Wales, Scotland. - England/Wales united 1535. Scotland joined 1707. UK formed 1921. - Oldest constitutional system, oldest democratic system. ‘Mother of Constitutions’. - Principles/institutions of representative Government first developed in Britain. - Blend of monarchy, aristocracy, democracy. 1. Unwritten Constitution: Unlike American. Small portion written. Evolved, not enacted. Product of history/evolution. Child of chance/wisdom. Not static, dynamic. - L.S. Amery: ‘blend of formal law, precedent and tradition’. - Elements/sources: (i) Conventions: Major element. Unwritten principles of political practices/customary constitutional behavior. Not recognized/enforced by judicial courts. Significant role in working of institutions. Backed by tradition/public opinion. - Well-known conventions: King/Queen exercises legal powers on Cabinet advice; appoints majority party leader as PM; dissolves lower House on PM advice; assents to all Bills; Cabinet collectively responsible to House of Commons. (ii) Great Charters: Also ‘constitutional charters’ or ‘constitutional landmarks’. Historical documents defining Crown powers, citizen liberties. Significant bearing on basic aspects. Examples: Magna Carta (1215), Petition of Rights (1628), Bill of Rights (1689). (iii) Statutes: Laws made by Parliament. Define/regulate principles, structures, functions of political institutions. Examples: Habeas Corpus Act (1679), Statute of Westminster (1931), Ministers of the Crown Act (1937), People’s Representation Act (1948). (iv) Common Law: Judge-made laws. Defined significant rules/principles of Government powers, relationship with citizens. Accepted/enforced by judicial courts. - Dr. Ogg: ‘vast body of legal precept and usage, which through the centuries has acquired binding and almost immutable character’. (v) Legal Commentaries: Textbooks on constitutional law by experts. Provide insight into working of institutions. Clarify meaning, fix scope of principles. Examples: A.V. Dicey’s ‘Law of the Constitution’, Bagehot’s ‘English Constitution’, Blackstone’s ‘Commentaries on the Laws of England’. 2. Flexible Constitution: Unlike American. No special procedure for amendment. Amended like ordinary laws. No distinction between constitutional law & ordinary law. 3. Unitary Constitution: Unitary state. All powers vested in single supreme Central Government (London). Local governments created for administrative convenience, under Central control, can be abolished. 4. Parliamentary Government: Executive hails from legislature, responsible to it. Features: (i) King/Queen nominal executive, Cabinet real executive. King/Queen head of State, PM head of Government. (ii) Majority party in House of Commons forms government. Leader appointed PM by King/Queen. (iii) Ministers individually & collectively responsible to House of Commons. Remain in office with majority support. (iv) King/Queen can dissolve House of Commons on PM advice. (v) Ministers are also Parliament members. Avoids conflicts, facilitates coordination. 5. Sovereignty of Parliament: Supreme power within State. Cardinal principle of British constitutional law/political system. Implies: (i) Parliament can make, amend, substitute, repeal any law. De Lolme: ‘British Parliament can do everything except make a woman a man and a man a woman’. (ii) Parliament makes constitutional laws like ordinary laws. No legal distinction between constituent & law-making authority. (iii) Parliamentary laws cannot be declared invalid by judiciary. No judicial review. 6. Rule of Law: Fundamental characteristic. Law supreme. Government acts according to law. A.V. Dicey: 3 implications: (i) Absence of arbitrary power (no punishment without law breach). (ii) Equality before law (equal subjection of all citizens to ordinary law). (iii) Primacy of individual rights (Constitution result of rights defined/enforced by courts, not source). 7. Constitutional Monarchy: Monarchical state. Limited hereditary monarchy. King/Queen head of state. Crown visible symbol of supreme executive power. King/Queen reigns, does not rule. Powers exercised by Cabinet (PM head). Cabinet collectively responsible to Parliament/electorate. ‘Constitutional monarchy’. Distinction between Crown (institution) & King (person). ‘King is dead; long live the King’. 8. Bicameralism: Parliament bicameral (House of Lords, House of Commons). House of Lords upper House (oldest second chamber). Lords, peers, nobles. Represents aristocratic element. 677 appointed members (4 distinct groups). Mostly hereditary. - House of Commons lower House (more important, powerful). Oldest popular legislative body. Representatives elected by universal adult franchise. 659 seats. | |
| British Cabinet | Composition | - As parliamentary system, Cabinet acts as real executive authority. - Consists of PM (head) & ~20 senior ministerial colleagues. - Includes: PM, First Lord of Treasury, Minister for Civil Service, Chancellor of Exchequer, Lord Privy Seal, Chancellor of Duchy of Lancaster, Lord President of Council, President of Board of Trade, Lord Chancellor, First Lord of Admiralty, Post Master General, Secretaries of State (Home, Foreign, Defence, Social Services, Environment, Education, Science), Ministers of Agriculture & Fisheries, Health, Pension, Transport, Labour, Secretary of State of Scotland, Secretary of State for Wales. - AG, SG, Lord Advocate, Paymaster-General not members. - Privy Council: Close relationship with Cabinet. Came into existence 15th century as advisory body to British monarch. Most powers transferred to Cabinet. Presently 330 members (includes all Cabinet ministers past/present). Presided by Lord President of Council. - Prime Ministerial Government: Earlier, PM ‘Primus inter pares’ (first among equals). Recently, PM’s power/influence/position increased. ‘Dominant’ role in politico-administrative system. Later analysts (Crossman, Mackintosh) described as ‘Prime Ministerial Government’. - Shadow Cabinet: Unique institution. Formed by opposition party. Balances ruling cabinet, prepares members for future. Opposition officially recognized, well-organized. Runs ‘Parallel’ government. Shadow cabinet members ‘shadow’ ruling cabinet members. Watch departments. Match cabinet ministers in debates. Serves as ‘alternative cabinet’. Leader of opposition described as ‘alternative PM’. Status of Minister, paid by government. | |
| French Constitution | Salient Features | - French Revolution (1789-1799) had significant impact on constitutional system. - France changed Constitution on average every 12 years. Adopted 3 monarchic, 2 dictatorial, 3 imperial, 4 republican Constitutions. - Present Constitution (Fifth Republic) in force 1958. Prepared under instructions of General de Gaulle. Designed for strong/stable Government. 1. Written Constitution: Like American. Originally Preamble, 92 Articles (15 chapters). Declares ‘Liberty, Equality and Fraternity’ as motto. ‘France is an indivisible, secular, democratic and social republic’. Chapters in Table 92.1. 2. Rigid Constitution: Special procedure for amendment. Amended by Parliament (60% majority in both houses). Alternatively, President can call national referendum. Republican form not subject to amendment. No monarchy. 3. Unitary Constitution: Unitary state. No division of powers between central/local governments. All powers vested in single supreme Central Government (Paris). Local governments created/abolished for administrative convenience. 4. Quasi-Presidential and Quasi-Parliamentary: Combines elements of both. Powerful President (directly elected, 5-year term). Nominated council of ministers (PM head) responsible to Parliament. Ministers not Parliament members. - Amended provisions relating to French President in Table 92.2. 5. Bicameralism: Parliament (National Assembly, Senate). National Assembly lower house (577 members, directly elected, 5-year term). Senate upper house (348 members, indirectly elected, 6-year term). National Assembly more dominant/powerful. 6. Rationalised Parliament: Restricted/limited powers. Powers restricted vis-a-vis political executive. Makes laws only on defined items. Government legislates by executive decree on other matters. Parliament can delegate law-making power. Limitations imposed for strong executive. 7. Constitutional Council: 9 members (9-year term). Judicial watchdog. Ensures executive decrees/parliamentary laws conform to Constitution. Advisory body, opinion not binding. 8. Recognition of Political Parties: Constitution recognizes political parties, their role. First time in France. Acknowledges as normal part of political life. Parties must respect national sovereignty/democracy principles. - French President: - Mode of Election: Originally indirect (electoral college). 1962 amended by referendum to direct election by universal suffrage. Candidate needs absolute majority. If not, second ballot (top 2 candidates). - Tenure and Removal: Elected for 5-year term. Eligible for re-election (not consecutive). Constitution not prescribed qualifications/minimum age. - If presidency vacant, functions performed temporarily by President of Senate. If he not in position, by government. - Removed before term expiry by impeachment for high treason. Impeachment resolution passed by both Houses of Parliament (absolute majority). Tried by High Court of Justice. - Powers and Functions: Pivot of Constitution, dominant position. Real head of state, leader of nation, symbol of national unity. 1. Appoints PM, accepts resignation. 2. Appoints/dismisses other government members (Council of Ministers) on PM advice. 3. Presides over Council of Ministers meetings (direct opportunity to influence/guide/direct/control policies). 4. Makes appointments to civil/military posts. 5. Commander-in-chief of armed forces. 6. Negotiates/ratifies treaties, sends/receives diplomats. 7. Kept informed of international agreement negotiations. 8. Presides over higher councils/committees of national defense. 9. Presides over/represents French community. 10. Appoints President & 3 members of Constitutional Council. 11. Promulgates laws within 15 days of final adoption by Parliament/transmission to government. Can ask Parliament to reconsider law (cannot be refused). 12. Send messages to Parliament, summon special sessions. 13. Submit government bill to referendum during parliamentary sessions or on joint proposal of both Houses. If bill approved, promulgates within 15 days. 14. Signs ordinances/decrees considered by Council of Ministers. | |
| Japanese Constitution | Salient Features | - Modern state of Japan came into existence with Meiji Restoration (1868). - Meiji Constitution (1889-1947) based on autocracy, authoritarianism, monarchy. - After WWII (1939-1945), Japan under Allied Occupation (1945-1952). US General Douglas MacArthur Supreme Commander. Japan adopted new democratic Constitution 1946. - New/present Constitution operative 1947. Also ‘MacArthur Constitution’ or ‘Showa Constitution’. ‘Showa’ means ‘Radiant Peace’. Emperor Hirohito, PM Shidehara. 1. Written Constitution: Like American. Preamble, 103 Articles (11 chapters). Blend of American & British. Preamble emphasizes people’s sovereignty. ‘Japan is an indivisible, secular, democratic and social republic’. Chapters in Table 92.3. 2. Rigid Constitution: Like American. Special procedure for amendment. Cannot be amended like ordinary laws. Distinction between constitutional law & ordinary law. - Procedure for amendment: (i) Initiated by Diet. Passed by 2/3 majority of membership. (ii) Submitted to people for ratification at special referendum/election. Approved by majority. (iii) Promulgated by Emperor in name of people as integral part of Constitution. - Not amended since 1947. 3. Unitary Constitution: Like British. No division of powers between Central & provincial governments. All powers vested in single supreme Central Government (Tokyo). Provinces derive authority from Central Government. Diet can expand/diminish provincial authority. Provinces subordinate units. 4. Parliamentary Government: Preference for British Parliamentary System over American Presidential System. Features: (i) Emperor nominal executive, Cabinet real executive. Cabinet: PM (head) & 20 Ministers of State. Emperor head of State, PM head of Government. (ii) Majority party/coalition in House of Representatives forms government. Leader becomes PM. (iii) PM designated from Diet members by Diet resolution. Emperor appoints PM. (iv) PM appoints Ministers of State. Majority chosen from Diet members. (v) PM can remove Ministers of State. (vi) Cabinet collectively responsible to Diet. Must resign if House of Representatives passes no-confidence resolution. (vii) Emperor can dissolve House of Representatives on PM advice. - Analysis: Japan (Parliamentary pattern) differs from Britain in 4 respects: 1. Britain: PM chosen/appointed by King/Queen. Japan: PM chosen by Diet, appointed by Emperor. 2. Britain: Ministers appointed by King/Queen. Japan: Ministers appointed by PM. 3. Britain: PM cannot remove Ministers. Japan: PM can remove Ministers. 4. Britain: All Ministers Parliament members. Japan: Majority of Ministers Diet members. 5. Constitutional Monarchy: Monarchical state. Limited hereditary monarchy. Constitution preserves Emperor institution, but deprives him of all powers/privileges/prerogatives. Provisions: (i) Emperor symbol of state/unity. Position from people’s will (sovereign power). Emperor’s sovereignty abolished. (ii) Imperial Throne dynastic, succeeded by Diet law. (iii) Cabinet advice/approval required for Emperor’s acts. (iv) Emperor performs only enumerated acts, no powers related to Government. (v) Emperor cannot give/receive imperial property without Diet authorization. - Emperor merely constitutional head. Authority limited to ceremonial functions. Reigns, does not rule. 6. Supremacy of Constitution and Judicial Review: Establishes Constitution supremacy. Constitution supreme law. Laws/ordinances/imperial rescript/official acts must conform. SC declares ultra-vires. - American principle of judicial review adopted. Difference: American SC derives power from Constitution; Japanese SC derives power directly from Constitution. Japanese Constitution specifically says SC is court of last resort with power to determine constitutionality of law/order/regulation/official Act. 7. Fundamental Rights: Provides for rights on American Bill of Rights model. Guarantees civil, political, economic rights as ‘eternal and inviolate’. Judiciary (SC head) acts as protector through judicial review. - Rights more elaborate/definite than American Bill of Rights. 31 Articles (10-40) devoted to rights/duties. 8. Renunciation of War: Renounces war as sovereign right, threat/use of force as means of settling international disputes. Prohibits maintaining land, sea, air forces, other war potential. Does not recognize belligerency right. - Japan only modern state constitutionally renounced war. Most peculiar/controversial. Provision inserted by General MacArthur to prevent Japan from becoming military nation. Does not mean Japan cannot use arms for security/defense. ‘Self-defense forces’ term used. Justified on inherent right to defend. 9. Bicameralism: Diet bicameral (House of Councillors, House of Representatives). House of Councillors upper House (252 members, 6-year term; 152 geographical, 100 national). House of Representatives lower House (512 members, 4-year term). House of Representatives more powerful. - Diet highest organ of state power, sole law-making organ. | |
| 92. World Constitutions | Soviet Constitution | Salient Features | - USSR formed 1917 (Russian Revolution, V.I. Lenin). Collapsed 1989-1991 (economic crisis). - Russian Revolution 1917 created first socialist state (goal: Communism). - Soviet Constitution first socialist Constitution. USSR adopted 4 Constitutions (1918, 1924, 1936 (Stalin), 1977 (Brezhnev)). - Constitutional system based on Marxism-Leninism. Communist Party (CPSU) dominated political/administrative system. Different from UK, USA, France. - Salient features of 1977 Soviet Constitution: 1. Written Constitution: Like American & French. Drafted by committee (Mr. Brezhnev). 20 Chapters, 174 Articles (9 parts). 2. Rigid Constitution: Special procedure for amendment. Amended by USSR legislature (Supreme Soviet) by 2/3 majority in each House. 3. Socialist Constitution: Socialist state foundation. ‘Union of Soviet Socialist Republics is a socialist state of the whole people, expressing the will and interests of the workers, peasants and intelligentsia, the working people of all the nations and nationalities of the country’. Foundation of economic system: socialist ownership of means of production (state property, collective farm, cooperative property). 4. Federal Constitution: Federal state (15 Union Republics). Powers divided between Centre & units. Centre enumerated powers, residuary powers to units (like USA). 15 Union Republics had own Constitutions, right to secede. - Within Union Republics: autonomous republics (20), autonomous regions (8), autonomous areas (10). Vested with autonomy. Union Republics ‘sub-federations’, USSR ‘Federation of Federations’. 5. Parliamentary Government: Parliamentary form. Council of Ministers elected by Supreme Soviet (legislature), responsible for policies/acts. Supreme Soviet could remove Ministers. ‘Council of Ministers headed by the Premier is the highest executive and administrative authority of the USSR’. 6. Bicameralism: Bicameral legislature (Supreme Soviet). Soviet of the Union (lower House), Soviet of the Nationalities (upper House). Both equal members (750 each), elected directly every 5 years. Lower House represented nation, upper House represented units. Equal/coordinated powers in all policy matters. 7. Presidium: Supreme Soviet elected governing body (Presidium). Constitution termed it Standing Committee of Supreme Soviet. 39-member body (Chairman, First Vice-Chairman, 15 Vice Chairmen (heads of 15 Union Republics), Secretary, 21 members). Chairman (President) formal head of State. Functioned as collective presidency (‘Collegial Executive’ or ‘Plural Executive’ or ‘Collegiate President’). Combined executive, legislative, diplomatic, military, judicial functions. Described as ‘20th Century Innovation’. Not provided by other Constitutions. 8. One-Party Dictatorship: CPSU monopoly of political power. Constitution: ‘leading and guiding force of Soviet Society… Communist Party… determines general perspectives… directs great constructive work… imparts planned, systematic and theoretically substantiated character’. 9. Democratic Centralism: State institutions practice principle. NPC & local people’s congresses created through democratic election, responsible to people, subject to oversight. Administrative, supervisory, adjudicatory, procuratorial organs created by people’s congresses, subject to oversight. Division of functions/powers between central/local state institutions honors principle of local authorities’ initiative/motivation under unified central leadership. 10. Fundamental Rights: Large number of economic, social, personal, cultural, political rights. Guaranteed equally irrespective of nationality, race, sex. Rights socialist, not personal. Not to detriment society/state/other citizens’ interests. - List of rights: work, rest/leisure, health protection, maintenance in old age/sickness/disability, housing, education, cultural benefits, scientific/technical/artistic work, take part in management/administration of State/public affairs, submit proposals to State bodies/public organizations, speech/press/assembly/street processions/demonstrations, associate in public/social organizations, conscience, family protection, inviolability of person/house, privacy, protection by court, appeal against officials’ actions. 11. Fundamental Duties: Apart from rights, Constitution provided for duties. Exercise of rights/freedoms inseparable from performance of duties/obligations. - List of duties: observe Constitution/Soviet laws, labor discipline, preserve/protect socialist property, safeguard Soviet state, defend socialist motherland, render military service, respect national dignity of other citizens, respect rights/lawful interests of other persons, protect nature/conserve richness, preserve historical monuments/cultural values, promote/strengthen world peace. |
| Russian Constitution | Salient Features | - Russia largest constituent unit of former USSR (75% area, 50% population). Contributed ~70% agricultural/industrial output. - After USSR dissolution (Dec 1991), Russia adopted new Constitution Dec 20, 1993. Established new politico-administrative system. - Salient features: 1. Declares Russia sovereign & multi-ethnic republican state. 2. Provides for federal state. Russian Federation: 21 Republics, 6 Territories (Krais), 49 Regions (Oblasts), 10 Autonomous Areas (Autonomy Okrug), 2 Cities (Moscow, St. Petersburg) of federal status, Birobijan (Jewish Autonomous Region). 3. Establishes liberal-democratic order, guarantees fundamental rights. Discards totalitarian system. 4. Introduces multi-party system, ensures free/fair periodic elections. 5. Division of State power among legislature, executive, judiciary. Independent organs. 6. Establishes bicameral legislature (Federal Assembly). Federation Council (upper House): 178 members, 2 from each territorial unit. State Duma (lower House): 450 members, directly elected, 4-year term. 7. Declares President head of State. Elected for 4-year term by universal/direct suffrage. Head of executive, Commander-in-Chief. 8. Authorizes President to appoint Chairman of Government (PM). President appoints other Federal Ministers on PM advice. President can dismiss PM/other Federal Ministers. 9. Provides for 19-member Constitutional Court. Function: decide constitutionality of Presidential decrees, Government orders, Federal Assembly laws. 10. Authorizes Russian legislature (Federal Assembly) to remove President by impeachment (high treason/grave crime). Impeachment resolution approved by both Houses (2/3 majority). | |
| Chinese Constitution | Salient Features | - After Communist Revolution (New Democratic Revolution) led by CPC (Mao Zedong), People’s Republic of China formed 1949. - China adopted 4 constitutions (1954, 1975, 1978, 1982). - Fourth/present Constitution of 1982 drafted by National Constitution Revision Committee (NPC). Approved by NPC Standing Committee, submitted to people. Adopted/promulgated by NPC Dec 4, 1982. - Salient features: 1. Written Constitution: Preamble, 138 Articles (4 chapters). Chapters in Table 92.4. 2. Rigid Constitution: Special procedure for amendment. Amended by NPC (2/3 majority of membership). Amendments proposed by NPC Standing Committee or 1/5+ total deputies. 3. Socialist Constitution: Socialist state foundation. ‘People’s democratic dictatorship led by working class, based on alliance of workers and peasants’. Leadership by CPC is defining feature of socialism with Chinese Characteristics. Prohibited to damage socialist system. 4. Unitary Constitution: Unitary state. No division of powers between central/provincial governments. All powers vested in single supreme central government (Beijing). Provincial governments derive authority from central government. Created/abolished by central government for administrative convenience. 5. Parliamentary Government: Parliamentary form. State Council (Central People’s Government) is executive organ of highest state organ (NPC), highest state administrative organ. State Council (Premier head) responsible to NPC, reports to NPC. Premier chosen by NPC (President nominates). Other State Council members chosen by NPC (Premier nominates). President appoints/removes Premier/other State Council members. Premier directs State Council, presides over meetings. Authority not comparable to Indian/British PM. - Head of state (President of China) elected executive. Elected by NPC for 5-year term. Citizen 45+ eligible. Ceremonial executive, not real. Authority not comparable to American President. 6. Unicameralism: Unicameral legislature (NPC). Constitutionally, NPC highest state organ of power, exercises legislative power. Composed of deputies elected from provinces, autonomous regions, cities, special administrative regions, armed forces. Number of deputies/election procedures prescribed by law. 7. Communist Party Leadership: Recognizes multi-party system, but clearly establishes CPC leadership. Preamble: multi-party cooperation/political consultation under CPC leadership continues. Chinese people continue under CPC leadership, Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, Theory of Three Represents, Scientific Outlook on Development, Xi Jinping Thought on Socialism with Chinese Characteristics for New Era. Uphold people’s democratic leadership, socialist road, socialist market economy. Art 1: CPC leadership is defining feature of socialism with Chinese characteristics. 8. Democratic Centralism: State institutions practice principle. NPC & local people’s congresses created through democratic election, responsible to people, subject to oversight. Administrative, supervisory, adjudicatory, procuratorial organs created by people’s congresses, subject to oversight. Division of functions/powers honors principle of local authorities’ initiative/motivation under unified central leadership. 9. Fundamental Rights: Large number of civil, political, personal, economic, social, cultural rights. Enjoyment not to undermine state/society/collectives/other citizens’ interests. - List of rights: equality before law, vote/stand for election, speech/press/assembly/association/procession/demonstration, religious belief, inviolability of person/house, personal dignity, correspondence freedom/confidentiality, criticize, file complaints, receive compensation, work, rest, livelihood of retirees, material assistance in old age/sickness/disability, education, scientific research/literary/artistic creation/cultural pursuits, women’s equal rights (political, economic, cultural, social, familial), protection of marriage/family, protection of Chinese nationals living abroad. 10. Fundamental Duties: In addition to rights. Citizens must fulfill prescribed duties. - List of duties: safeguard national unity/solidarity, abide by constitution/law, keep state secrets, protect public property, observe workplace discipline/public order/social morality, safeguard motherland’s security/honor/interests. | |
| 92. World Constitutions | Swiss Constitution | Salient Features | - Switzerland adopted 3 Constitutions (1848, 1874, 1999). 1848 established federal state. Replaced by 1874. Replaced by 1999. - Third Constitution continues. Adopted by Federal Assembly Dec 18, 1998. Approved by people & cantons April 18, 1999. In force Jan 1, 2000. 1. Written Constitution: Comprehensive written document. Originally Preamble, 196 Articles (6 titles). Titles in Table 92.5. 2. Rigid Constitution: Special procedure for amendment. 2 types of revision (amendment): total revision, partial revision. - Total revision: proposed by people or Federal Assembly chambers. If initiative from people or chambers disagree, people decide. - Partial revision: requested by people or decreed by Federal Assembly. Must respect cohesion of subject matter, consistency of form. - Revised Constitution comes into force when approved by people & cantons. 3. Federal Constitution: Federal republic (26 cantons). Powers divided between federal government & cantons. Federal government specified powers, residuary powers to cantons (like USA). Each canton has own constitution, legislature, executive, judiciary. - Cantons 2 types: full cantons (20), half cantons (6). Half cantons formed by split for religion/language/other factor. Differ in 2 respects: (i) Half canton has 1 representative in upper house of Federal Assembly, full canton has 2. (ii) Half canton has 1/2 vote on total/partial revision proposals, full canton has 1 vote. 4. Council Model of Government: Unique executive system (Federal Council/Bundesrat), plural (collegial) executive. Features: (i) Federal Council: 7 members elected by Federal Assembly after each general election to National Council. (ii) Members elected for 4-year term. Any Swiss citizen eligible for National Council election can be elected. (iii) Care taken for geographical/language regions representation. (iv) President & Vice-President of Federal Council elected by Federal Assembly from members for 1-year term. Not permitted re-election for following year. President not elected VP for following year. (v) Members act collectively & individually. Collectively make executive decisions. Individually heads of departments. (vi) All 7 members co-equal authority. President no special powers. Only primus inter pares. Nominal head, ceremonial duties. Authority not comparable to British PM or American President. (vii) Members not Federal Assembly members. Participate in deliberations without voting right. Cannot be removed by Federal Assembly (no-confidence motion, impeachment). (viii) Federal Council non-partisan. Members from different political parties, but not work on party lines. - C.F. Strong: Swiss executive combines merits, excludes defects of parliamentary & presidential systems. 5. Bicameralism: Federal Assembly bicameral (Council of States, National Council). Council of States upper house (46 representatives of cantons). Full cantons elect 2, half cantons elect 1. Cantons provided equal representation. Cantons determine election rules. Mode/tenure varies canton to canton. National Council lower house (200 representatives of people, proportional representation, 4-year term). Two chambers equal standing/powers. - C.F. Strong: Swiss legislature unique, upper house powers no different from lower. 6. Direct Democracy: Provides for operation of direct democracy. People directly participate. Specifies 2 devices: referendum, initiative. - Referendum: 2 types: mandatory, optional. (i) Mandatory Referendum: Must be put to vote of people & cantons: amendments to constitution; accession to collective security organizations/supranational communities; emergency federal acts not based on constitution provision. (ii) Optional Referendum: If 50,000 voters or 8 cantons request: federal acts; emergency federal acts (>1 year validity); federal decrees (if constitution/act requires); international treaties of specified categories. - Initiative: Allowed at federal level only for constitutional amendments. - 1,00,000 voters can propose total revision. 1,00,000 voters can request partial revision. Popular initiative for partial revision can be general proposal or specific draft. 7. Triple Citizenship: Citizenship three-fold: commune (municipality), canton, federation. Person citizen of commune & canton is Swiss citizen. No Swiss citizen without canton citizenship. No canton citizen without commune citizenship. Communal citizenship more valuable than cantonal/federal. 8. Fundamental Rights: Elaborate list of FRs. Includes civil, social, economic, political, personal rights. - List of rights: human dignity protection, equality before law, arbitrary conduct protection, good faith principle, life/personal freedom, children/young people protection, assistance when in need, privacy, marry/family, religion/conscience freedom, expression/information freedom, media freedom, use any language, basic education, research/teaching freedom, artistic expression freedom, assembly freedom, association freedom, domicile freedom, expulsion/extradition/deportation protection, property, economic freedom, form professional associations, access to courts, petition, political rights. 9. Social Goals of the Government: In addition to FRs. Federal & cantonal governments endeavor to achieve social goals within constitutional powers/resources. No direct right to state benefits. - List of social goals: access to social security/health care; families protected/encouraged; earn living by working under fair conditions; find suitable accommodation; children/young people obtain education/training; children/young people supported in social/cultural/political integration; protected against economic consequences of old-age/invalidity/illness/accident/unemployment/maternity/being orphaned/widowed. |
| Appendices | Appendix I: Articles of the Constitution (1-395) | Union and Its Territory | - 1. Name and territory of the union. - 2. Admission or establishment of new states. - 2A. Sikkim to be associated with the Union (Repealed). - 3. Formation of new states and alteration of areas, boundaries or names of existing states. - 4. Laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters. |
| Citizenship | - 5. Citizenship at the commencement of the Constitution. - 6. Rights of citizenship of certain persons who have migrated to India from Pakistan. - 7. Rights of citizenship of certain migrants to Pakistan. - 8. Rights of citizenship of certain persons of Indian origin residing outside India. - 9. Persons voluntarily acquiring citizenship of a foreign state not to be citizens. - 10. Continuance of the rights of citizenship. - 11. Parliament to regulate the right of citizenship by law. | ||
| Fundamental Rights | - 12. Definition of state. - 13. Laws inconsistent with or in derogation of the fundamental rights. - 14. Equality before law. - 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. - 16. Equality of opportunity in matters of public employment. - 17. Abolition of untouchability. - 18. Abolition of titles. - 19. Protection of certain rights regarding freedom of speech, etc. - 20. Protection in respect of conviction for offences. - 21. Protection of life and personal liberty. - 21A. Right to elementary education. - 22. Protection against arrest and detention in certain cases. - 23. Prohibition of traffic in human beings and forced labour. - 24. Prohibition of employment of children in factories, etc. - 25. Freedom of conscience and free profession, practice and propagation of religion. - 26. Freedom to manage religious affairs. - 27. Freedom as to payment of taxes for promotion of any particular religion. - 28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions. - 29. Protection of interests of minorities. - 30. Right of minorities to establish and administer educational institutions. - 31. Compulsory acquisition of property (Repealed). - 31A. Saving of laws providing for acquisition of estates, etc. - 31B. Validation of certain acts and regulations. - 31C. Saving of laws giving effect to certain directive principles. - 31D. Saving of laws in respect of anti-national activities (Repealed). - 32. Remedies for enforcement of fundamental rights including writs. - 32A. Constitutional validity of State laws not to be considered in proceedings under article 32 (Repealed). - 33. Power of Parliament to modify the fundamental rights in their application to forces, etc. - 34. Restriction on fundamental rights while martial law is in force in any area. - 35. Legislation to give effect to some of the provisions of fundamental rights. | ||
| Directive Principles of State Policy | - 36. Definition of State. - 37. Application of the directive principles. - 38. State to secure a social order for the promotion of welfare of the people. - 39. Certain principles of policy to be followed by the State. - 39A. Equal justice and free legal aid. - 40. Organisation of village panchayats. - 41. Right to work, to education, and to public assistance in certain cases. - 42. Provision for just and humane conditions of work and maternity relief. - 43. Living wage, etc. for workers. - 43A. Participation of workers in management of industries. - 43B. Promotion of co-operative societies. - 44. Uniform civil code for the citizens. - 45. Provision for early childhood care and education to children below the age of six years. - 46. Promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections. - 47. Duty of the state to raise the level of nutrition and the standard of living and to improve public health. - 48. Organisation of agriculture and animal husbandry. - 48A. Protection and improvement of environment and safeguarding of forests and wild life. - 49. Protection of monuments and places and objects of national importance. - 50. Separation of judiciary from executive. - 51. Promotion of international peace and security. | ||
| Fundamental Duties | - 51A. Fundamental duties. | ||
| President and Vice-President | - 52. The President of India. - 53. Executive power of the Union. - 54. Election of President. - 55. Manner of election of President. - 56. Term of office of President. - 57. Eligibility of re-election. - 58. Qualifications for election as President. - 59. Conditions of President’s office. - 60. Oath or affirmation by the President. - 61. Procedure for impeachment of the President. - 62. Time of holding election to fill vacancy in the office of President and the term of office of person elected to fill casual vacancy. - 63. The Vice-President of India. - 64. The Vice-President to be ex-officio chairman of the council of states. - 65. The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President. - 66. Election of Vice-President. - 67. Term of office of Vice-President. - 68. Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy. - 69. Oath or affirmation by the Vice-President. - 70. Discharge of President’s functions in other contingencies. - 71. Matters relating to, or connected with, the election of a President or Vice-President. - 72. Power of the President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases. - 73. Extent of executive power of the Union. | ||
| Union Ministers and Attorney General | - 74. Council of ministers to aid and advise President. - 75. Other provisions as to ministers. - 76. Attorney-General for India. - 77. Conduct of business of the Government of India. - 78. Duties of Prime Minister as respects the furnishing of information to the President, etc. | ||
| Parliament | - 79. Constitution of Parliament. - 80. Composition of the council of states. - 81. Composition of the House of the people. - 82. Readjustment after each census. - 83. Duration of Houses of Parliament. - 84. Qualification for membership of Parliament. - 85. Sessions of Parliament, prorogation and dissolution. - 86. Right of President to address and send messages to Houses. - 87. Special address by the President. - 88. Rights of ministers and Attorney General as respects Houses. - 89. The chairman and deputy chairman of the council of states. - 90. Vacation and resignation of, and removal from, the office of deputy chairman. - 91. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman. - 92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration. - 93. The Speaker and Deputy Speaker of the House of the people. - 94. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker. - 95. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker. - 96. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration. - 97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker. - 98. Secretariat of Parliament. - 99. Oath or affirmation by members. - 100. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum. - 101. Vacation of seats. - 102. Disqualifications for membership. - 103. Decision on questions as to disqualifications of members. - 104. Penalty for sitting and voting before making oath or affirmation under Article 99 or when not qualified or when disqualified. - 105. Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof. - 106. Salaries and allowances of members. - 107. Provisions as to introduction and passing of bills. - 108. Joint sitting of both Houses in certain cases. - 109. Special procedure in respect of money bills. - 110. Definition of ‘money bills’. - 111. Assent to bills. - 112. Annual financial statement (budget). - 113. Procedure in Parliament with respect to estimates. - 114. Appropriation bills. - 115. Supplementary, additional or excess grants. - 116. Votes on account, votes of credit and exceptional grants. - 117. Special provisions as to financial bills. - 118. Rules of procedure. - 119. Regulation by law of procedure in Parliament in relation to financial business. - 120. Language to be used in Parliament. - 121. Restriction on discussion in Parliament. - 122. Courts not to inquire into proceedings of Parliament. - 123. Power of President to promulgate ordinances during recess of Parliament. | ||
| Supreme Court | - 124. Establishment and Constitution of Supreme Court. - 124A. National Judicial Appointments Commission. - 124B. Functions of Commission. - 124C. Power of Parliament to make law. - 125. Salaries, etc., of judges. - 126. Appointment of acting chief justice. - 127. Appointment of adhoc judges. - 128. Attendance of retired judges at sittings of the Supreme Court. - 129. Supreme Court to be a court of record. - 130. Seat of Supreme Court. - 131. Original jurisdiction of the Supreme Court. - 131A. Exclusive jurisdiction of the Supreme Court in regard to questions as to the constitutional validity of Central Laws (Repealed). - 132. Appellate jurisdiction of Supreme Court in appeals from high courts in certain cases. - 133. Appellate jurisdiction of Supreme Court in appeals from high courts in regard to civil matters. - 134. Appellate jurisdiction of Supreme Court in regard to criminal matters. - 134A. Certificate for appeal to the Supreme Court. - 135. Jurisdiction and powers of the federal court under existing law to be exercisable by the Supreme Court. - 136. Special leave to appeal by the Supreme Court. - 137. Review of judgements or orders by the Supreme Court. - 138. Enlargement of the jurisdiction of the Supreme Court. - 139. Conferment on the Supreme Court of powers to issue certain writs. - 139A. Transfer of certain cases. - 140. Ancillary powers of Supreme Court. - 141. Law declared by Supreme Court to be binding on all courts. - 142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. - 143. Power of President to consult Supreme Court. - 144. Civil and judicial authorities to act in aid of the Supreme Court. - 144A. Special provisions as to disposal of questions relating to constitutional validity of laws (Repealed). - 145. Rules of court, etc. - 146. Officers and servants and the expenses of the Supreme Court. - 147. Interpretation. | ||
| Comptroller and Auditor General of India | - 148. Comptroller and Auditor General of India. - 149. Duties and powers of the Comptroller and Auditor General. - 150. Form of accounts of the Union and of the states. - 151. Audit reports. | ||
| Governor | - 152. Definition of state. - 153. Governors of states. - 154. Executive power of state. - 155. Appointment of governor. - 156. Term of office of governor. - 157. Qualifications for appointment as governor. - 158. Conditions of governor’s office. - 159. Oath or affirmation by the governor. - 160. Discharge of the functions of the governor in certain contingencies. - 161. Power of governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases. - 162. Extent of executive power of state. | ||
| State Ministers and Advocate General | - 163. Council of ministers to aid and advise governor. - 164. Other provisions as to ministers. - 165. Advocate General for the state. - 166. Conduct of business of the government of a state. - 167. Duties of chief minister as respects the furnishing of information to Governor, etc. | ||
| State Legislature | - 168. Constitution of legislatures in states. - 169. Abolition or creation of legislative councils in states. - 170. Composition of the legislative assemblies. - 171. Composition of the legislative councils. - 172. Duration of state legislatures. - 173. Qualification for membership of the state legislature. - 174. Sessions of the state legislature, prorogation and dissolution. - 175. Right of governor to address and send messages to the House of Houses. - 176. Special address by the governor. - 177. Rights of ministers and Advocate General as respects the Houses. - 178. The Speaker and Deputy Speaker of the legislative assembly. - 179. Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker. - 180. Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, speaker. - 181. The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration. - 182. The Chairman and Deputy Chairman of the legislative council. - 183. Vacation and resignation of, and removal from, the offices of Chairman and Deputy Chairman. - 184. Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman. - 185. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration. - 186. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman. - 187. Secretariat of state legislature. - 188. Oath or affirmation by members. - 189. Voting in Houses, power of Houses to act notwithstanding vacancies and quorum. - 190. Vacation of seats. - 191. Disqualifications for membership. - 192. Decision on questions as to disqualifications of members. - 193. Penalty for sitting and voting before making oath or affirmation under Article 188 or when not qualified or when disqualified. - 194. Powers, privileges, etc, of the House of legislatures and of the members and committees thereof. - 195. Salaries and allowances of members. - 196. Provisions as to introduction and passing of bills. - 197. Restriction on powers of legislative council as to bills other than money bills. - 198. Special procedure in respect of money bills. - 199. Definition of ‘money bills’. - 200. Assent to bills. - 201. Bills reserved for consideration of the President. - 202. Annual financial statement. - 203. Procedure in legislature with respect to estimates. - 204. Appropriation bills. - 205. Supplementary, additional or excess grants. - 206. Votes on account, votes of credit and exceptional grants. - 207. Special provisions as to financial bills. - 208. Rules of procedure. - 209. Regulation by law of procedure in the legislature of the state in relation to financial business. - 210. Language to be used in the legislature. - 211. Restriction on discussion in the legislature. - 212. Courts not to inquire into proceedings of the legislature. - 213. Power of governor to promulgate ordinances during recess of legislature. | ||
| High Courts | - 214. High courts for states. - 215. High courts to be courts of record. - 216. Constitution of high courts. - 217. Appointment and conditions of the office of a judge of a high court. - 218. Application of certain provisions relating to Supreme Court to high courts. - 219. Oath or affirmation by judges of high courts. - 220. Restriction on practice after being a permanent judge. - 221. Salaries etc., of judges. - 222. Transfer of a judge from one high court to another. - 223. Appointment of acting chief justice. - 224. Appointment of additional and acting judges. - 224A. Appointment of retired judges at sittings of high courts. - 225. Jurisdiction of existing high courts. - 226. Power of high courts to issue certain writs. - 226A. Constitutional validity of Central laws not to be considered in proceedings under Article 226 (Repealed). - 227. Power of superintendence over all courts by the high court. - 228. Transfer of certain cases to high court. - 228A. Special provisions as to disposal of questions relating to constitutional validity of State Laws (Repealed). - 229. Officers and servants and the expenses of high courts. - 230. Extension of jurisdiction of high courts to union territories. - 231. Establishment of a common high court for two or more states. - 232. Interpretation (Repealed). | ||
| Subordinate Courts | - 233. Appointment of district judges. - 233A. Validation of appointments of, and judgements, etc., delivered by, certain district judges. - 234. Recruitment of persons other than district judges to the judicial service. - 235. Control over subordinate courts. - 236. Interpretation. - 237. Application of the provisions of this chapter to certain class or classes of magistrates. | ||
| States in Part B of the First Schedule (Repealed) | - 238. Application of provisions of Part VI to States in Part B of the First Schedule (Repealed). | ||
| Union Territories | - 239. Administration of union territories. - 239A. Creation of local legislatures or council of ministers or both for certain union territories. - 239AA. Special provisions with respect to Delhi. - 239AB. Provision in case of failure of constitutional machinery. - 239B. Power of administrator to promulgate ordinances during recess of legislature. - 240. Power of the President to make regulations for certain union territories. - 241. High courts for union territories. - 242. Coorg (Repealed). | ||
| Panchayats | - 243. Definitions. - 243A. Gram sabha. - 243B. Constitution of panchayats. - 243C. Composition of panchayats. - 243D. Reservation of seats. - 243E. Duration of panchayats, etc. - 243F. Disqualifications for membership. - 243G. Powers, authority and responsibilities of panchayats. - 243H. Powers to impose taxes by, and funds of, the panchayats. - 243I. Constitution of finance commission to review financial position. - 243J. Audit of accounts of panchayats. - 243K. Elections to the panchayats. - 243L. Application to union territories. - 243M. Part not to apply to certain areas. - 243N. Continuance of existing laws and panchayats. - 243O. Bar to interference by courts in electoral matters. | ||
| Municipalities | - 243P. Definitions. - 243Q. Constitution of municipalities. - 243R. Composition of municipalities. - 243S. Constitution and composition of wards committees, etc. - 243T. Reservation of seats. - 243U. Duration of municipalities, etc. - 243V. Disqualifications for membership. - 243W. Powers, authority and responsibilities of municipalities, etc. - 243X. Power to impose taxes by, and funds of, the municipalities. - 243Y. Finance commission. - 243Z. Audit of accounts of municipalities. - 243ZA. Elections to the municipalities. - 243ZB. Application to union territories. - 243ZC. Part not to apply to certain areas. - 243ZD. Committee for district planning. - 243ZE. Committee for metropolitan planning. - 243ZF. Continuance of existing laws and municipalities. - 243ZG. Bar to interference by courts in electoral matters. | ||
| Co-operative Societies | - 243ZH. Definitions. - 243ZI. Incorporation of co-operative societies. - 243ZJ. Number and term of members of Board and its office bearers. - 243ZK. Election of members of Board. - 243ZL. Supersession and suspension of Board and interim management. - 243ZM. Audit of accounts of co-operative societies. - 243ZN. Convening of general body meetings. - 243ZO. Right of a member to get information. - 243ZP. Returns. - 243ZQ. Offences and penalties. - 243ZR. Application to multi-State co-operative societies. - 243ZS. Application to Union territories. - 243ZT. Continuance of existing laws. | ||
| Scheduled and Tribal Areas | - 244. Administration of scheduled areas and tribal areas. - 244A. Formation of an autonomous state comprising certain tribal areas in Assam and creation of local legislature or council of ministers or both therefor. | ||
| Centre-State Legislative Relations | - 245. Extent of laws made by Parliament and by the legislatures of states. - 246. Subject-matter of laws made by Parliament and by the legislatures of states. - 246A. Special provision with respect to goods and services tax. - 247. Power of Parliament to provide for the establishment of certain additional courts. - 248. Residuary powers of legislation. - 249. Power of Parliament to legislate with respect to a matter in the State List in the national interest. - 250. Power of Parliament to legislate with respect to any matter in the State List if a proclamation of emergency is in operation. - 251. Inconsistency between laws made by Parliament under articles 249 and 250 and laws made by the legislatures of states. - 252. Power of Parliament to legislate for two or more states by consent and adoption of such legislation by any other state. - 253. Legislation for giving effect to international agreements. - 254. Inconsistency between laws made by Parliament and laws made by the legislatures of states. - 255. Requirements as to recommendations and previous sanctions to be regarded as matters of procedure only. | ||
| Centre-State Administrative Relations | - 256. Obligation of states and the Union. - 257. Control of the Union over states in certain cases. - 257A. Assistance to States by deployment of armed forces or other forces of the Union (Repealed). - 258. Power of the Union to confer powers, etc., on states in certain cases. - 258A. Power of the states to entrust functions to the union. - 259. Armed Forces in States in Part B of the First Schedule (Repealed). - 260. Jurisdiction of the Union in relation to territories outside India. - 261. Public acts, records and judicial proceedings. - 262. Adjudication of disputes relating to waters of inter-state rivers or river valleys. - 263. Provisions with respect to an inter-state council. | ||
| Centre-State Financial Relations | - 264. Interpretation. - 265. Taxes not to be imposed save by authority of law. - 266. Consolidated Funds and public accounts of India and of the states. - 267. Contingency Fund. - 268. Duties levied by the Union but collected and appropriated by the states. - 268A. Service tax levied by Union and collected and appropriated by the Union and the states (Repealed). - 269. Taxes levied and collected by the Union but assigned to the states. - 269A. Levy and collection of goods and services tax in course of inter-state trade or commerce. - 270. Taxes levied and distributed between the Union and the states. - 271. Surcharge on certain duties and taxes for purposes of the Union. - 272. Taxes which are levied and collected by the Union and may be distributed between the Union and the States (Repealed). - 273. Grants in lieu of export duty on jute and jute products. - 274. Prior recommendation of the President required to bills affecting taxation in which states are interested. - 275. Grants from the Union to certain states. - 276. Taxes on professions, trades, callings and employments. - 277. Savings. - 278. Agreement with States in Part B of the First Schedule with regard to certain financial matters (Repealed). - 279. Calculation of net proceeds, etc. - 279A. Goods and Services Tax Council. - 280. Finance Commission. - 281. Recommendations of the finance commission. - 282. Expenditure defrayable by the Union or a state out of its revenues. - 283. Custody, etc., of consolidated funds, contingency funds and moneys credited to the public accounts. - 284. Custody of suitors’ deposits and other moneys received by public servants and courts. - 285. Exemption of property of the Union from state taxation. - 286. Restrictions as to imposition of tax on the sale or purchase of goods. - 287. Exemption from taxes on electricity. - 288. Exemption from taxation by states in respect of water or electricity in certain cases. - 289. Exemption of property and income of a state from Union taxation. - 290. Adjustment in respect of certain expenses and pensions. - 290A. Annual payment to certain devaswom funds. - 291. Privy purse sums of Rulers (Repealed). - 292. Borrowing by the Government of India. - 293. Borrowing by states. | ||
| Rights and Liabilities of the Government | - 294. Succession to property, assets, rights, liabilities and obligations in certain cases. - 295. Succession to property, assets, rights, liabilities and obligations in other cases. - 296. Property accruing by escheat or lapse or bona vacantia. - 297. Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union. - 298. Power to carry on trade, etc. - 299. Contracts. - 300. Suits and proceedings. | ||
| Right to Property | - 300A. Persons not to be deprived of property save by authority of law. | ||
| Trade, Commerce and Intercourse | - 301. Freedom of trade, commerce and intercourse. - 302. Power of Parliament to impose restrictions on trade, commerce and intercourse. - 303. Restrictions on the legislative powers of the Union and of the states with regard to trade and commerce. - 304. Restrictions on trade, commerce and intercourse among states. - 305. Saving of existing laws and laws providing for state monopolies. - 306. Power of certain States in Part B of the First Schedule to impose restrictions on trade and commerce (Repealed). - 307. Appointment of authority for carrying out the purposes of Articles 301 to 304. | ||
| Public Services | - 308. Interpretation. - 309. Recruitment and conditions of service of persons serving the Union or a state. - 310. Tenure of office of persons serving the union or a state. - 311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a state. - 312. All-India services. - 312A. Power of Parliament to vary or revoke conditions of service of officers of certain services. - 313. Transitional provisions. - 314. Provision for protection of existing officers of certain services (Repealed). | ||
| Public Service Commissions | - 315. Public Service Commissions for the Union and for the states. - 316. Appointment and term of office of members. - 317. Removal and suspension of a member of a Public Service Commission. - 318. Power to make regulations as to conditions of service of members and staff of the commission. - 319. Prohibition as to the holding of offices by members of the commission on ceasing to be such members. - 320. Functions of Public Service Commissions. - 321. Power to extend functions of Public Service Commissions. - 322. Expenses of Public Service Commissions. - 323. Reports of Public Service Commissions. | ||
| Tribunals | - 323A. Administrative tribunals. - 323B. Tribunals for other matters. | ||
| Elections | - 324. Superintendence, direction and control of elections to be vested in an Election Commission. - 325. No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex. - 326. Elections to the House of the people and to the legislative assemblies of states to be on the basis of adult suffrage. - 327. Power of Parliament to make provision with respect to elections to legislatures. - 328. Power of legislature of a state to make provision with respect to elections to such legislature. - 329. Bar to interference by courts in electoral matters. - 329A. Special provision as to elections to Parliament in the case of Prime Minister and Speaker (Repealed). | ||
| Special Provisions Relating to Certain Classes | - 330. Reservation of seats for scheduled castes and scheduled tribes in the House of the people. - 331. Representation of the Anglo-Indian community in the House of the people. - 332. Reservation of seats for scheduled castes and scheduled tribes in the legislative assemblies of the states. - 333. Representation of the Anglo-Indian community in the legislative assemblies of the states. - 334. Reservation of seats and special representation to cease after certain period. - 335. Claims of scheduled castes and scheduled tribes to services and posts. - 336. Special provision for anglo-Indian community in certain services. - 337. Special provision with respect to educational grants for the benefit of anglo-Indian community. - 338. National Commission for scheduled castes. - 338A. National Commission for scheduled tribes. - 338B. National Commission for Backward Classes. - 339. Control of the Union over the administration of scheduled areas and the welfare of scheduled tribes. - 340. Appointment of a commission to investigate the conditions of backward classes. - 341. Scheduled castes. - 342. Scheduled tribes. - 342A. Socially and educationally backward classes. | ||
| Official Language | - 343. Official language of the Union. - 344. Commission and committee of Parliament on official language. - 345. Official language or languages of a state. - 346. Official languages for communication between one state and another or between a state and the Union. - 347. Special provision relating to language spoken by a section of the population of a state. - 348. Language to be used in the Supreme Court and in the high courts and for acts, bills, etc. - 349. Special procedure for enactment of certain laws relating to language. - 350. Language to be used in representations for redress of grievances. - 350A. Facilities for instruction in mother tongue at primary stage. - 350B. Special officer for linguistic minorities. - 351. Directive for development of the hindi language. | ||
| Emergency Provisions | - 352. Proclamation of emergency (national emergency). - 353. Effect of proclamation of emergency. - 354. Application of provisions relating to distribution of revenues while a proclamation of emergency is in operation. - 355. Duty of the Union to protect states against external aggression and internal disturbance. - 356. Provisions in case of failure of constitutional machinery in states (President’s rule). - 357. Exercise of legislative powers under proclamation issued under article 356. - 358. Suspension of provisions of Article 19 during emergencies. - 359. Suspension of the enforcement of fundamental rights during emergencies. - 359A. Application of this Part to the State of Punjab (Repealed). - 360. Provisions as to financial emergency. | ||
| Miscellaneous Provisions | - 361. Protection of the President and governors and rajpramukhs. - 361A. Protection of publication of proceedings of Parliament and state legislatures. - 361B. Disqualification for appointment on remunerative political post. - 362. Rights and privileges of rulers of Indian States (Repealed). - 363. Bar to interference by courts in disputes arising out of certain treaties, agreements, etc. - 363A. Recognition granted to rulers of Indian states to cease and privy purses to be abolished. - 364. Special provisions as to major ports and aerodromes. - 365. Effect of failure to comply with, or to give effect to directions given by the Union (President’s rule). - 366. Definitions. - 367. Interpretation. | ||
| Amendment of the Constitution | - 368. Power of Parliament to amend the Constitution and procedure therefor. | ||
| Temporary, Transitional and Special Provisions | - 369. Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List. - 370. Temporary provisions with respect to the State of Jammu and Kashmir. - 371. Special provision with respect to the States of Maharashtra and Gujarat. - 371A. Special provision with respect to the State of Nagaland. - 371B. Special provision with respect to the State of Assam. - 371C. Special provision with respect to the State of Manipur. - 371D. Special provisions with respect to the State of Andhra Pradesh or the state of Telangana. - 371E. Establishment of central university in Andhra Pradesh. - 371F. Special provision with respect to the State of Sikkim. - 371G. Special provision with respect to the State of Mizoram. - 371H. Special provision with respect to the State of Arunachal Pradesh. - 371I. Special provision with respect to the State of Goa. - 371J. Special provision with respect to the State of Karnataka. - 372. Continuance in force of existing laws and their adaptation. - 372A. Power of the President to adapt laws. - 373. Power of the President to make order in respect of persons under preventive detention in certain cases. - 374. Provisions as to judges of the federal court and proceedings pending in the federal court or before His Majesty in council. - 375. Courts, authorities and officers to continue to function subject to the provisions of the Constitution. - 376. Provisions as to judges of high courts. - 377. Provisions as to Comptroller and Auditor General of India. - 378. Provisions as to Public Service Commissions. - 378A. Special provisions as to duration of Andhra Pradesh Legislative Assembly. - 379. Provisions as to provisional Parliament and the Speaker and Deputy Speaker thereof (Repealed). - 380. Provisions as to President (Repealed). - 381. Council of Ministers of the President (Repealed). - 382. Provisions as to provisional Legislatures for States in Part A of the First Schedule (Repealed). - 383. Provisions as to Governors of Provinces (Repealed). - 384. Council of Ministers of Governors (Repealed). - 385. Provisions as to provisional Legislatures in States in Part B of the First Schedule (Repealed). - 386. Council of Ministers for States in Part B of the First Schedule (Repealed). - 387. Special provision as to determination of population for the purposes of certain elections (Repealed). - 388. Provisions as to the filling of casual vacancies in the provisional Parliament and provisional Legislatures of the States (Repealed). - 389. Provisions as to Bills pending in the Dominion Legislature and in the Legislatures of Provinces and Indian States (Repealed). - 390. Moneys received or raised or expenditure incurred between the commencement of the Constitution and the 31st day of March, 1950 (Repealed). - 391. Power of the President to amend the First and Fourth Schedules in certain contingencies (Repealed). - 392. Power of the President to remove difficulties. | ||
| Short Title, Commencement, Etc. | - 393. Short title. - 394. Commencement. - 394A. Authoritative text in the hindi language. - 395. Repeals. | ||
| Appendices | Appendix II: Subjects of Union, State and Concurrent Lists | Union List (List-I) | - 1. Defence of India. - 2. Naval, military and air forces; any other armed forces of the Union. - 2A. Deployment of any armed force of the Union in any state in aid of the civil power. - 3. Cantonment areas and local self-government in such areas. - 4. Naval, military and air force works. - 5. Arms, firearms, ammunition, and explosives. - 6. Atomic energy and mineral resources necessary for its production. - 7. Defence industries. - 8. Central Bureau of Intelligence and investigation. - 9. Preventive detention for reasons connected with defence, foreign affairs, or the security of India. - 10. Foreign affairs. - 11. Diplomatic, consular and trade representation. - 12. United Nations Organisation. - 13. International conferences, associations and other bodies. - 14. Treaties, agreements and conventions with foreign countries. - 15. War and peace. - 16. Foreign jurisdiction. - 17. Citizenship, naturalisation and aliens. - 18. Extradition. - 19. Passports and visas. - 20. Pilgrimages to places outside India. - 21. Piracies and crimes committed on the high seas or in the air and offences against the law of nations. - 22. Railways. - 23. National highways. - 24. Shipping and navigation on national waterways. - 25. Maritime shipping and navigation. - 26. Lighthouses for the safety of shipping and aircraft. - 27. Major ports. - 28. Port quarantine, seaman and marine hospitals. - 29. Airways; aircraft and air navigation; provision of aerodromes. - 30. Carriage of passengers and goods by railway, sea, air or national waterways. - 31. Posts and telegraphs; telephones, wireless, broadcasting and other like forms of communication. - 32. Property of the Union. - 33. (Omitted). - 34. Courts of wards for the estates of rulers of Indian states. - 35. Public debt of the Union. - 36. Currency, coinage and legal tender; foreign exchange. - 37. Foreign loans. - 38. Reserve Bank of India. - 39. Post office savings bank. - 40. Lotteries organised by the Union or state. - 41. Trade and commerce with foreign countries. - 42. Inter-state trade and commerce. - 43. Trading corporations, including banking, insurance and financial corporations but not including co-operative societies. - 44. Corporations, whether trading or not, with objects not confined to one state. - 45. Banking. - 46. Bills of exchange, cheques, promissory notes and other like instruments. - 47. Insurance. - 48. Stock exchanges and futures markets. - 49. Patents, inventions and designs; copyright; trade-marks and merchandise marks. - 50. Establishment of standards of weight and measure. - 51. Establishment of standards of quality for goods to be exported out of India or transported from one state to another. - 52. Industries, the control of which by the Union is in the public interest. - 53. Oil fields and mineral oil resources; petroleum and petroleum products; other liquids and substances which are inflammable. - 54. Regulation of mines and mineral development in the public interest. - 55. Regulation of labour and safety in mines and oil fields. - 56. Regulation and development of inter-state rivers and river valleys. - 57. Fishing and fisheries beyond territorial waters. - 58. Manufacture, supply and distribution of salt by Union and other agencies. - 59. Cultivation and manufacture of opium and its export. - 60. Sanctioning of cinematograph films for exhibition. - 61. Industrial disputes concerning Union employees. - 62. National Library, the Indian Museum, the Imperial War Museum, the Victoria Memorial and the Indian War Memorial, and any other like institution of national importance. - 63. Benaras Hindu University, the Aligarh Muslim University and the Delhi University; any other institution of national importance. - 64. Scientific or technical education institutions of national importance. - 65. Union agencies and institutions for training, research or detection of crime. - 66. Standards in institutions for higher education or research and scientific and technical institutions. - 67. Ancient and historical monuments and records, and archaeological sites and remains of national importance. - 68. The Survey of India, the Geological, Botanical, Zoological and Anthropological Surveys of India; Meteorological organisations. - 69. Census. - 70. Union Public Services; All-India Services; Union Public Service Commission. - 71. Union pensions. - 72. Elections to Parliament, the legislatures of states and the offices of President and Vice-President; the Election Commission. - 73. Salaries and allowances of members and presiding officers of Parliament. - 74. Powers, privileges and immunities of each House of Parliament and of the members and the committees of each House. - 75. Emoluments and service conditions of the President, governors, the ministers for the Union and the Comptroller and Auditor General. - 76. Audit of the accounts of the Union and of the states. - 77. Organisation, jurisdiction and powers of the Supreme Court. - 78. Organisation of the high courts. - 79. Extension of the jurisdiction of a high court to any union territory. - 80. Extension of the powers and jurisdiction of members of a police force belonging to any state to any area outside that state. - 81. Inter-state migration; inter-state quarantine. - 82. Taxes on income other than agricultural income. - 83. Duties of customs including export duties. - 84. Duties of excise on the following goods manufactured or produced in India, namely:- (a) petroleum crude, (b) high speed diesel, (c) motor spirit (commonly known as petrol), (d) natural gas, (e) aviation turbine fuel; and (f) tobacco and tobacco products. - 85. Corporation tax. - 86. Taxes on the capital value of the assets (exclusive of agricultural land) of individuals and companies; taxes on the capital of companies. - 87. Estate duty in respect of property other than agricultural land. - 88. Duties in respect of succession to property other than agricultural land. - 89. Terminal taxes on goods or passengers, carried by railway, sea or air; taxes on railway fares and freights. - 90. Taxes other than stamp duties on transactions in stock exchanges and futures markets. - 91. Rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts. - 92. (Omitted). - 92A. Taxes on the sale or purchase of goods other than newspapers, where such sale or purchase takes place in the course of inter-state trade or commerce. - 92B. Taxes on the consignment of goods in the course of inter-state trade or commerce. - 92C. (Omitted). - 93. Offences against laws with respect to any of the matters in this list. - 94. Inquiries, surveys and statistics for the purpose of any of the matters in this list. - 95. Jurisdiction and powers of all courts (except the Supreme Court) with respect to any of the matters in this list; admiralty jurisdiction. - 96. Fees in respect of any of the matters in this list, but not including fees taken in any court. - 97. Any other matter not enumerated in List II or List III including any tax not mentioned in either of those lists. |
| State List (List-II) | - 1. Public order. - 2. Police. - 3. Officers and servants of the high court. - 4. Prisons, reformatories, borstal institutions and other such institutions. - 5. Local government. - 6. Public health and sanitation. - 7. Pilgrimages, other than pilgrimages to places outside India. - 8. Intoxicating liquors. - 9. Relief of the disabled and unemployable. - 10. Burials and burial grounds. - 11. (Omitted). - 12. Libraries, museums and other similar institutions; ancient and historical monuments and records other than those of national importance. - 13. Communications, that is, roads, bridges, ferries and other means of communication not specified in List I. - 14. Agriculture, including agricultural education and research. - 15. Preservation of stock and prevention of animal diseases. - 16. Pounds and the prevention of cattle trespass. - 17. Water, that is, water supplies, irrigation and canals, drainage and embankments, water storage and water power. - 18. Land, that is, right in or over land, land tenures and the collection of rents. - 19. (Omitted). - 20. (Omitted). - 21. Fisheries. - 22. Courts of wards. - 23. Regulation of mines and mineral development. - 24. Industries. - 25. Gas and gas-works. - 26. Trade and commerce within the state. - 27. Production, supply and distribution of goods. - 28. Markets and fairs. - 29. (Omitted). - 30. Money-lending and money-lenders; relief of agricultural indebtedness. - 31. Inns and inn-keepers. - 32. Corporation, other than those specified in List I, and universities; unincorporated trading, literacy, scientific, religious and other societies and associations; co-operative societies. - 33. Theaters and dramatic performances; cinemas; sports, entertainments and amusements. - 34. Betting and gambling. - 35. Works, lands and buildings of the state. - 36. (Omitted). - 37. Elections to the legislature of the state. - 38. Salaries and allowances of members and presiding officers of the legislature of the state. - 39. Powers, privileges and immunities of the legislature of the state and of the members and the committees thereof. - 40. Salaries and allowances of ministers for the state. - 41. States public services; State Public Service Commission. - 42. State pensions. - 43. Public debt of the state. - 44. Treasure trove. - 45. Land revenue, including maintenance of land records. - 46. Taxes on agricultural income. - 47. Duties in respect of succession to agricultural land. - 48. Estate duty in respect of agricultural land. - 49. Taxes on lands and buildings. - 50. Taxes on mineral rights. - 51. Duties of excise on alcoholic liquors for human consumption; opium, Indian hemp and other narcotic drugs and narcotics, but not including medicinal and toilet preparations containing alcohol. - 52. (Omitted). - 53. Taxes on the consumption or sale of electricity. - 54. Taxes on the sale of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas, aviation turbine fuel and alcoholic liquor for human consumption, but not including sale in the course of inter-state trade or commerce or sale in the course of international trade or commerce of such goods. - 55. (Omitted). - 56. Taxes on goods and passengers carried by road or on inland waterways. - 57. Taxes on vehicles. - 58. Taxes on animals and boats. - 59. Tolls. - 60. Taxes on professions, trades, callings and employments. - 61. Capitation taxes. - 62. Taxes on entertainments and amusements to the extent levied and collected by a Panchayat or a Municipality or a Regional Council or a District Council. - 63. Rates of stamp duty in respect of documents other than those specified in List I. - 64. Offences against laws with respect to any of the matters in this list. - 65. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this list. - 66. Fees in respect of any of the matters in this list, but not including fees taken in any court. | ||
| Concurrent List (List-III) | - 1. Criminal Law, including all matters included in the Indian Penal Code. - 2. Criminal procedure, including all matters included in the Code of Criminal Procedure. - 3. Preventive detention for reasons connected with the security of a state, the maintenance of public order, or the maintenance of supplies and services essential to the community. - 4. Removal from one state to another state of prisoners and accused persons. - 5. Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition. - 6. Transfer of property other than agricultural land; registration of deeds and documents. - 7. Contracts. - 8. Actionable wrongs. - 9. Bankruptcy and insolvency. - 10. Trust and Trustees. - 11. Administrators-general and official trustees. - 11A. Administration of justice; constitution and organisation of all courts; except the Supreme Court and the high courts. - 12. Evidence and oaths; recognition of laws, public acts and records, and judicial proceedings. - 13. Civil procedure, including all matters included in the Code of Civil Procedure. - 14. Contempt of court, but not including contempt of the Supreme Court. - 15. Vagrancy; nomadic and migratory tribes. - 16. Lunacy and mental deficiency. - 17. Prevention of cruelty to animals. - 17A. Forests. - 17B. Protection of wild animals and birds. - 18. Adulteration of foodstuffs and other goods. - 19. Drugs and poisons. - 20. Economic and social planning. - 20A. Population control and family planning. - 21. Commercial and industrial monopolies, combines and trusts. - 22. Trade unions; industrial and labour disputes. - 23. Social security and social insurance; employment and unemployment. - 24. Welfare of labour including conditions of work, provident funds, employers’ liability, workmen’s compensation, invalidity and old age pensions and maternity benefits. - 25. Education, including technical education, medical education and universities. - 26. Legal, medical and other professions. - 27. Relief and rehabilitation of persons. - 28. Charitable institutions, religious endowments and religious institutions. - 29. Infectious or contagious diseases or pests affecting men, animals or plants. - 30. Vital statistics including registration of births and deaths. - 31. Ports other than major ports. - 32. Shipping and navigation on inland waterways. - 33. Trade and commerce in, and the production, supply and distribution of, foodstuffs, including edible oilseeds and oils; cattle fodder; raw cotton, and cotton seeds; and raw jute. - 33A. Weights and measures except establishment of standards. - 34. Price control. - 35. Mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied. - 36. Factories. - 37. Boilers. - 38. Electricity. - 39. Newspapers, books and printing presses. - 40. Archaeological sites and remains other than those of national importance. - 41. Evacuee property (including agricultural land). - 42. Acquisition and requisitioning of property. - 43. Recovery in a state of claims in respect of taxes and other public demands. - 44. Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty. - 45. Inquiries and statistics for the purposes of any of the matters specified in List II or List III. - 46. Jurisdiction and powers of all courts, except the Supreme Court, with respect to any of the matters in this list. - 47. Fees in respect of any of the matters in this list, but not including fees taken in any court. | ||
| Appendices | Appendix III: Table of Precedence | Purpose | - Related to rank & order of Union & State Government officials. - Meant for state & ceremonial occasions. No application in day-to-day government business. - Present notification issued July 26, 1979. Superseded previous, amended many times. - Updated version includes all amendments. |
| Order of Precedence | - 1. President. - 2. Vice-President. - 3. Prime Minister. - 4. Governors of states (within their respective states). - 5. Former Presidents. - 5A. Deputy Prime Minister. - 6. Chief Justice of India. - Speaker of Lok Sabha. - 7. Cabinet Ministers of the Union. - Chief Ministers of States (within their respective States). - Vice-Chairperson, NITI Aayog. - Former Prime Ministers. - Leaders of Opposition in Rajya Sabha and Lok Sabha. - 7A. Holders of Bharat Ratna decoration. - 8. Ambassadors Extraordinary and Plenipotentiary and High Commissioners of Commonwealth countries accredited to India. - Chief Ministers of States (outside their respective States). - Governors of States (outside their respective States). - 9. Judges of Supreme Court. - 9A. Chairperson, Union Public Service Commission. - Chief Election Commissioner. - Comptroller & Auditor General of India. - 10. Deputy Chairman, Rajya Sabha. - Deputy Chief Ministers of States. - Deputy Speaker, Lok Sabha. - Members of the NITI Aayog. - Ministers of State of the Union (and any other Minister in the Ministry of Defence for defence matters). - 11. Attorney General of India. - Cabinet Secretary. - Lieutenant Governors (within their respective Union Territories). - 12. Chiefs of Staff (full General or equivalent rank). - 13. Envoys Extraordinary and Ministers Plenipotentiary accredited to India. - 14. Chairmen and Speakers of State Legislatures (within their respective States). - Chief Justices of High Courts (within their respective jurisdictions). - 15. Cabinet Ministers in States (within their respective States). - Chief Ministers of Union Territories and Chief Executive Councillor, Delhi (within their respective Union Territories). - Deputy Ministers of the Union. - 16. Officiating Chiefs of Staff (Lieutenant General or equivalent rank). - 17. Chairman, Central Administrative Tribunal. - Chairman, Minorities Commission. - Chairperson, National Commission for Scheduled Castes. - Chairperson, National Commission for Scheduled Tribes. - Members, Minorities Commission. - Members, National Commission for Scheduled Castes. - Members, National Commission for Scheduled Tribes. - Officers of the rank of full General or equivalent rank. - Secretaries to the Government of India (including officers holding this office ex-officio). - Secretary, Minorities Commission. - Secretary, Scheduled Castes Commission. - Secretary, Scheduled Tribes Commission. - Secretary to the President. - Secretary to the Vice-President. - Secretary to the Prime Minister. - Secretary, Rajya Sabha/Lok Sabha. - Solicitor General. - Vice-Chairman, Central Administrative Tribunal. - 24. Officers of the rank of Lieutenant General or equivalent rank. - 25. Additional Secretaries to the Government of India. - Additional Solicitor General. - Advocate Generals of States. - Chairman, Tariff Commission. - Charge d’ Affairs and Acting High Commissioners a pied and ad interim. - Chief Ministers of Union Territories and Chief Executive Councillor, Delhi (outside their respective Union Territories). - Chief Secretaries of State Governments (outside their respective States). - Deputy Comptroller and Auditor General. - Deputy Speakers of Legislative Assemblies in Union Territories and Deputy Chairman, Delhi Metropolitan Council (outside their respective Union Territories). - Director, Central Bureau of Investigation. - Director General, Border Security Force. - Director General, Central Reserve Police. - Director, Intelligence Bureau. - Lieutenant Governors (outside their respective Union Territories). - Members, Central Administrative Tribunal. - Members, Monopolies and Restrictive Trade Practices Commission. - Members, Union Public Service Commission. - Ministers of Union Territories and Executive Councillors, Delhi (outside their respective Union Territories). - Principal Staff Officers of the Armed Forces (Major General or equivalent rank). - Speakers of Legislative Assemblies in Union Territories and Chairman of Delhi Metropolitan Council (outside their respective Union Territories). - 26. Joint Secretaries to the Government of India and officers of equivalent rank. - Officers of the rank of Major-General or equivalent rank. | ||
| Appendices | Appendix IV: Constitutional Amendments at a Glance | Amendment Number and Year | Amended Provisions of the Constitution |
| First Amendment Act, 1951 | - 1. Empowered state to make special provisions for advancement of socially and economically backward classes. - 2. Provided for the saving of laws providing for acquisition of estates, etc. - 3. Added Ninth Schedule to protect land reform and other laws from judicial review. - 4. Added three more grounds of restrictions on freedom of speech and expression (public order, friendly relations with foreign states, incitement to an offence). Made restrictions ‘reasonable’ and justiciable. - 5. Provided that state trading and nationalisation of any trade or business by the state is not to be invalid on the ground of violation of the right to trade or business. | ||
| Second Amendment Act, 1952 | - Readjusted the scale of representation in the Lok Sabha by providing that one member could represent even more than 7,50,000 persons. | ||
| Third Amendment Act, 1954 | - Empowered the Parliament to control the production, supply and distribution of the foodstuffs, cattle fodder, raw cotton, cotton seed and raw jute in the public interest. | ||
| Fourth Amendment Act, 1955 | - 1. Made the scale of compensation given in lieu of compulsory acquisition of private property beyond the scrutiny of courts. - 2. Authorised the state to nationalise any trade. - 3. Included some more Acts in the Ninth Schedule. - 4. Extended the scope of Article 31A (saving of laws). | ||
| Fifth Amendment Act, 1955 | - Empowered the President to fix the time-limit for the state legislatures to express their views on the proposed Central legislation affecting the areas, boundaries and names of the states. | ||
| Sixth Amendment Act, 1956 | - Included a new subject in the Union list i.e., taxes on the sale and purchase of goods in the course of inter-state trade and commerce and restricted the state’s power in this regard. | ||
| Seventh Amendment Act, 1956 | - 1. Abolished the existing classification of states into four categories i.e., Part A, Part B, Part C and Part D states, and reorganised them into 14 states and 6 union territories. - 2. Extended the jurisdiction of high courts to union territories. - 3. Provided for the establishment of a common high court for two or more states. - 4. Provided for the appointment of additional and acting judges of the high court. | ||
| Eighth Amendment Act, 1960 | - Extended the reservation of seats for the SCs and STs, and special representation for the Anglo-Indians in the Lok Sabha and the state legislative assemblies for a period of ten years (i.e., up to 1970). | ||
| Ninth Amendment Act, 1960 | - Facilitated the cession of Indian territory of Berubari Union (located in West Bengal) to Pakistan as provided in the Indo-Pakistan Agreement (1958). | ||
| Tenth Amendment Act, 1961 | - Incorporated Dadra and Nagar Haveli in the Indian Union. | ||
| Eleventh Amendment Act, 1961 | - 1. Changed the procedure of election of the vice-President by providing for an electoral college instead of a joint meeting of the two Houses of Parliament. - 2. Provided that the election of the President or vice-President cannot be challenged on the ground of any vacancy in the appropriate electoral college. | ||
| Twelfth Amendment Act, 1962 | - Incorporated Goa, Daman and Diu in the Indian Union. | ||
| Thirteenth Amendment Act, 1962 | - Gave the status of a state to Nagaland and made special provisions for it. | ||
| Fourteenth Amendment Act, 1962 | - 1. Incorporated Puducherry in the Indian Union. - 2. Provided for the creation of legislatures and council of ministers for the Union Territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Puducherry. | ||
| Fifteenth Amendment Act, 1963 | - 1. Enabled the high courts to issue writs to any person or authority even outside its territorial jurisdiction if the cause of action arise within its territorial limits. - 2. Increased the retirement age of high court judges from 60 to 62 years. - 3. Provided for appointment of retired judges of the high courts as acting judges of the same court. - 4. Provided for compensatory allowance to judges who are transferred from one high court to another. - 5. Enabled the retired judge of a high court to act as adhoc judge of the Supreme Court. - 6. Provided for the procedure for determining the age of the Supreme Court and high court judges. | ||
| Sixteenth Amendment Act, 1963 | - 1. Empowered the state to impose further restriction on the rights to freedom of speech and expression, to assemble peaceably and to form associations in the interests of sovereignty and integrity of India. - 2. Included sovereignty and integrity in the forms of oaths or affirmations to be subscribed by contestants to the legislatures, members of the legislatures, ministers, Judges and CAG of India. | ||
| Seventeenth Amendment Act, 1964 | - 1. Prohibited the acquisition of land under personal cultivation unless the market value of the land is paid as compensation. - 2. Included 44 more Acts in the Ninth Schedule. | ||
| Eighteenth Amendment Act, 1966 | - Made it clear that the power of Parliament to form a new state also includes a power to form a new state or union territory by uniting it part of a state or a union territory to another state or union territory. | ||
| Nineteenth Amendment Act, 1966 | - Abolished the system of Election Tribunals and vested the power to hear election petitions in the High Courts. | ||
| Twentieth Amendment Act, 1966 | - Validated certain appointments of district judges in the UP which were declared void by the Supreme Court. | ||
| Twenty-First Amendment Act, 1967 | - Included sindhi as the 15th language in the Eight Schedule. | ||
| Twenty-Second Amendment Act, 1969 | - Facilitated the creation of a new autonomous State of Meghalaya within the State of Assam. | ||
| Twenty-Third Amendment Act, 1969 | - Extended the reservation of seats for the SCs and STs, and special representation for the Anglo-Indians in the Lok Sabha and the state legislative assemblies for a further period of ten years (i.e., up to 1980). | ||
| Twenty-Fourth Amendment Act, 1971 | - 1. Affirmed the power of Parliament to amend any part of the Constitution including fundamental rights. - 2. Made it compulsory for the President to give his assent to a Constitutional Amendment Bill. | ||
| Twenty-Fifth Amendment Act, 1971 | - 1. Curtailed the fundamental right to property. - 2. Provided that any law made to give effect to the Directive Principles contained in Article 39 (b) or (c) cannot be challenged on the ground of violation of the rights guaranteed by Articles 14, 19 and 31. | ||
| Twenty-Sixth Amendment Act, 1971 | - Abolished the privy purses and privileges of the former rulers of princely states. | ||
| Twenty-Seventh Amendment, 1971 | - 1. Empowered the administrators of certain union territories to promulgate ordinances. - 2. Made certain special provisions for new Union Territories of Arunachal Pradesh and Mizoram. - 3. Authorised the Parliament to create the legislative assembly and the council of ministers for the new state of Manipur. | ||
| Twenty-Eighth Amendment Act, 1972 | - Abolished the special privileges of ICS officers and empowered the Parliament to determine their service conditions. | ||
| Twenty-Ninth Amendment Act, 1972 | - Included two Kerala Acts on land reforms in the Ninth Schedule. | ||
| Thirtieth Amendment Act, 1972 | - Did away with the provision which allowed appeal to the Supreme Court in civil cases involving an amount of ₹20,000, and provided instead that an appeal can be filed in the Supreme Court only if the case involves a substantial question of law. | ||
| Thirty-First Amendment Act, 1972 | - Increased the number of Lok Sabha seats from 525 to 545. | ||
| Thirty-Second Amendment Act, 1973 | - Made special provisions to satisfy the aspirations of the people of the Telengana region in Andhra Pradesh. | ||
| Thirty-Third Amendment Act, 1974 | - Provided that the resignation of the members of Parliament and the state legislatures may be accepted by the Speaker/Chairman only if he is satisfied that the resignation is voluntary or genuine. | ||
| Thirty-Fourth Amendment Act, 1974 | - Included twenty more land tenure and land reforms acts of various states in the Ninth Schedule. | ||
| Thirty-Fifth Amendment Act, 1974 | - Terminated the protectorate status of Sikkim and conferred on it the status of an associate state of the Indian Union. The Tenth Schedule was added laying down the terms and conditions of association of Sikkim with the Indian Union. | ||
| Thirty-Sixth Amendment Act, 1975 | - Made Sikkim a full-fledged State of the Indian Union and omitted the Tenth Schedule. | ||
| Thirty-Seventh Amendment Act, 1975 | - Provided legislative assembly and council of ministers for the Union Territory of Arunachal Pradesh. | ||
| Thirty-Eighth Amendment Act, 1975 | - 1. Made the declaration of emergency by the President non-justiciable. - 2. Made the promulgation of ordinances by the President, Governors and administrators of union territories non-justiciable. - 3. Empowered the President to declare different proclamations of national emergency on different grounds simultaneously. | ||
| Thirty-Ninth Amendment Act, 1975 | - 1. Placed the disputes relating to the President, Vice-President, Prime Minister and Speaker beyond the scope of the judiciary. They are to be decided by such authority as may be determined by the Parliament. - 2. Included certain Central acts in the Ninth Schedule. | ||
| Fortieth Amendment Act, 1976 | - 1. Empowered the Parliament to specify from time to time the limits of the territorial waters, the continental shelf, the exclusive economic zone (EEZ) and the maritime zones of India. - 2. Included 64 more Central and state laws, mostly relating to land reforms, in the Ninth Schedule. | ||
| Forty-First Amendment Act, 1976 | - Raised the retirement age of members of State Public Service Commission and Joint Public Service Commission from 60 to 62. | ||
| Forty-Second Amendment Act, 1976 | - 1. Added three new words (i.e., socialist, secular and integrity) in the Preamble. - 2. Added Fundamental Duties by the citizens (new Part IV A). - 3. Made the President bound by the advise of the cabinet. - 4. Provided for administrative tribunals and tribunals for other matters (Added Part XIV A). - 5. Froze the seats in the Lok Sabha and state legislative assemblies on the basis of 1971 census till 2001. - 6. Made the constitutional amendments beyond judicial scrutiny. - 7. Curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts. - 8. Raised the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years. - 9. Provided that the laws made for the implementation of Directive Principles cannot be declared invalid by the courts on the ground of violation of some Fundamental Rights. - 10. Empowered the Parliament to make laws to deal with anti-national activities and such laws are to take precedence over Fundamental Rights. - 11. Added three new Directive Principles viz., equal justice and free-legal aid, participation of workers in the management of industries and protection of environment, forests and wild life. - 12. Facilitated the proclamation of national emergency in a part of territory of India. - 13. Extended the one-time duration of the President’s rule in a state from 6 months to one year. - 14. Empowered the Centre to deploy its armed forces in any state to deal with a grave situation of law and order. - 15. Shifted five subjects from the state list to the concurrent list, viz. education, forests, protection of wild animals and birds, weights and measures and administration of Justice, constitution and organisation of all courts except the Supreme Court and the high courts. - 16. Did away with the requirement of quorum in the Parliament and the state legislatures. - 17. Empowered the Parliament to decide from time to time the rights and privileges of its members and committees. - 18. Provided for the creation of the All-India Judicial Service. - 19. Shortened the procedure for disciplinary action by taking away the right of a civil servant to make representation at the second stage after the Inquiry (i.e., on the penalty proposed). | ||
| Forty-Third Amendment Act, 1977 | - 1. Restored the jurisdiction of the Supreme Court and the high courts in respect of Judicial review and issue of writs. - 2. Deprived the Parliament of its special powers to make laws to deal with anti-national activities. | ||
| Forty-Fourth Amendment Act, 1978 | - 1. Restored the original term of the Lok Sabha and the state legislative assemblies (i.e., 5 years). - 2. Restored the provisions with regard to quorum in the Parliament and state legislatures. - 3. Omitted the reference to the British House of Commons in the provisions pertaining to the parliamentary privileges. - 4. Gave constitutional protection to publication in newspaper of true reports of the proceedings of the Parliament and the state legislatures. - 5. Empowered the President to send back once the advice of cabinet for reconsideration. But, the reconsidered advice is to be binding on the President. - 6. Deleted the provision which made the satisfaction of the President, Governor and administrators final in issuing ordinances. - 7. Restored some of the powers of the Supreme Court and high courts. - 8. Replaced the term ‘internal disturbance’ by ‘armed rebellion’ in respect of national emergency. - 9. Made the President to declare a national emergency only on the written recommendation of the cabinet. - 10. Made certain procedural safeguards with respect to national emergency and President’s rule. - 11. Deleted the right to property from the list of Fundamental Rights and made it only a legal right. - 12. Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency. - 13. Omitted the provisions which took away the power of the court to decide the election disputes of the President, the Vice-President, the Prime Minister and the Speaker of the Lok Sabha. | ||
| Forty-Fifth Amendment Act, 1980 | - Extended the reservation of seats for the SCs and STs and special representation for the Anglo-Indians in the Lok Sabha and the state legislative assemblies for a further period of ten years (i.e., up to 1990). | ||
| Forty-Sixth Amendment Act, 1982 | - 1. Enabled the states to plug loopholes in the laws and realise sales tax dues. - 2. Brought about some uniformity in tax rates on certain items. | ||
| Forty-Seventh Amendment Act, 1984 | - Included 14 land reforms Acts of various states in the Ninth Schedule. | ||
| Forty-Eighth Amendment Act, 1984 | - Facilitated the extension of President’s rule in Punjab beyond one year without meeting the two special conditions for such extension. | ||
| Forty-Ninth Amendment Act, 1984 | - Gave a constitutional sanctity to the Autonomous District Council in Tripura. | ||
| Fiftieth Amendment Act, 1984 | - Empowered the Parliament to restrict the Fundamental Rights of persons employed in Intelligence organisations and telecommunication systems set up for the armed forces or Intelligence organisations. | ||
| Fifty-First Amendment Act, 1984 | - Provided for reservation of seats in the Lok Sabha for STs in Meghalaya, Arunachal Pradesh, Nagaland and Mizoram as well as in the Legislative Assemblies of Meghalaya and Nagaland. | ||
| Fifty-Second Amendment Act, 1985 | - Provided for disqualification of members of Parliament and state legislatures on the ground of defection and added a new Tenth Schedule containing the details in this regard. | ||
| Fifty-Third Amendment Act, 1986 | - Made special provisions in respect of Mizoram and fixed the strength of its Assembly at a minimum of 40 members. | ||
| Fifty-Fourth Amendment Act, 1986 | - Increased the salaries of the Supreme Court and high court judges and enabled the Parliament to change them in future by an ordinary law. | ||
| Fifty-Fifth Amendment Act, 1986 | - Made special provisions in respect of Arunachal Pradesh and fixed the strength of its Assembly at a minimum of 30 members. | ||
| Fifty-Sixth Amendment Act, 1987 | - Fixed the strength of the Goa legislative Assembly at a minimum of 30 members. | ||
| Fifty-Seventh Amendment Act, 1987 | - Reserved seats for the STs in the legislative assemblies of the states of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland. | ||
| Fifty-Eighth Amendment Act, 1987 | - Provided for an authoritative text of the Constitution in hindi language and gave the same legal sanctity to the Hindi version of the Constitution. | ||
| Fifty-Ninth Amendment Act, 1988 | - 1. Facilitated the extension of President’s Rule in Punjab up to three years. - 2. Provided for the declaration of national emergency in Punjab on the ground of internal disturbance. | ||
| Sixtieth Amendment Act, 1988 | - Increased the ceiling of taxes on professions, trades, callings and employments from ₹250 per annum to ₹2,500 per annum. | ||
| Sixty-First Amendment Act, 1989 | - Reduced the voting age from 21 years to 18 years for the Lok Sabha and state legislative assembly elections. | ||
| Sixty-Second Amendment Act, 1989 | - Extended the reservation of seats for the SCs and STs and special representation for the Anglo-Indians in the Lok Sabha and the state legislative assemblies for the further period of ten years (i.e., up to 2000). | ||
| Sixty-Third Amendment Act, 1989 | - Repealed the changes introduced by the 59th Amendment Act of 1988 in relation to Punjab. In other words, Punjab was brought at par with the other states in respect of emergency provisions. | ||
| Sixty-Fourth Amendment Act, 1990 | - Facilitated the extension of the President’s rule in Punjab up to a total period of three years and six months. | ||
| Sixty-Fifth Amendment Act, 1990 | - Provided for the establishment of a multi-member National Commission for SCs and STs in the place of a Special Officer for SCs and STs. | ||
| Sixty-Sixth Amendment Act, 1990 | - Included 55 more land reforms Acts of various states in the Ninth Schedule. | ||
| Sixty-Seventh Amendment Act, 1990 | - Facilitated the extension of the President’s rule in Punjab up to a total period of four years. | ||
| Sixty-Eighth Amendment Act, 1991 | - Facilitated the extension of the President’s rule in Punjab up to a total period of five years. | ||
| Sixty-Ninth Amendment Act, 1991 | - Accorded a special status to the Union Territory of Delhi by designing it as the National Capital Territory of Delhi. The amendment also provided for the creation of a 70-member legislative assembly and a 7-member council of ministers for Delhi. | ||
| Seventieth Amendment Act, 1992 | - Provided for the inclusion of the members of the Legislative Assemblies of National Capital Territory of Delhi and the Union Territory of Puducherry in the electoral college for the election of the President. | ||
| Seventy-First Amendment Act, 1992 | - Included konkani, manipuri and nepali languages in the Eight Schedule. With this, the total number of constitutionally recognised languages increased to 18. | ||
| Seventy-Second Amendment Act, 1992 | - Provided for the creation of legislatures and council of ministers for the Union Territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Puducherry. | ||
| Seventy-Third Amendment Act, 1992 | - Granted constitutional status and protection to the panchayati raj Institutions. For this purpose, the Amendment has added a new Part-IX entitled as ‘the panchayats’ and a new Eleventh Schedule containing 29 functional items of the panchayats. | ||
| Seventy-Fourth Amendment Act, 1992 | - Granted constitutional status and protection to the urban local bodies. For this purpose, the Amendment has added a new Part IX-A entitled as ‘the municipalities’ and a new Twelfth Schedule containing 18 functional items of the municipalities. | ||
| Seventy-Fifth Amendment Act, 1994 | - Provided for the establishment of rent tribunals for the adjudication of disputes with respect to rent, its regulation and control and tenancy issues including the rights, title and interest of landlords and tenants. | ||
| Seventy-Sixth Amendment Act, 1994 | - Included the Tamil Nadu Reservation Act of 1994 (which provides for 69 per cent reservation of seats in educational institutions and posts in State services) in the Ninth Schedule, to protect it from judicial review. In 1992, the Supreme Court ruled that the total reservation should not exceed 50 per cent. | ||
| Seventy-Seventh Amendment Act, 1995 | - Provided for reservation in promotions in government jobs for SCs and STs. This amendment nullified the Supreme Court ruling with regard to reservation in promotions. | ||
| Seventy-Eighth Amendment Act, 1995 | - Included 27 more land reforms Acts of various states in the Ninth Schedule. With this, the total number of Acts in the Schedule increased to 282. But, the total entry numbered 284. | ||
| Seventy-Ninth Amendment Act, 1999 | - Extended the reservation of seats for the SCs and STs and special representation for the Anglo-Indians in the Lok Sabha and the state legislative assemblies for a further period of ten years (i.e., up to 2010). | ||
| Eightieth Amendment Act, 2000 | - Provided for an ‘alternative scheme of devolution of revenue between the Centre and states’. This was enacted on the basis of the recommendations of the Tenth Finance Commission which has recommended that out of the total income obtained from the taxes and duties, twenty-nine per cent should be distributed among the states. | ||
| Eighty-First Amendment Act, 2000 | - Empowered the President to consider the unfilled reserved vacancies of a year as a separate class of vacancies to be filled up in any succeeding year or years. Such class of vacancies are not to be combined with the vacancies of the year in which they are being filled up to determine the ceiling of 50 per cent reservation on total number of vacancies of that year. In brief, this amendment ended the 50 per cent ceiling on reservation in backlog vacancies. | ||
| Eighty-Second Amendment Act, 2000 | - Provided for making of any provision in favour of the SCs and STs for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to the public services of the Centre and the states. | ||
| Eighty-Third Amendment Act, 2000 | - Provided that no reservation in panchayats need be made for SCs in Arunachal Pradesh. The total population of the state is tribal and there are no SCs. | ||
| Eighty-Fourth Amendment Act, 2001 | - Extended the ban on readjustment of seats in the Lok Sabha and the state legislative assemblies for another 25 years (i.e. up to 2026) with the same objective of encouraging population limiting measures. In other words, the number of seats in the Lok Sabha and the assemblies are to remain same till 2026. It also provided for the readjustment and rationalisation of territorial constituencies in the states on the basis of the population figures of 1991 census. | ||
| Eighty-Fifth Amendment Act, 2001 | - Provided for ‘consequential seniority’ in the case of promotion by virtue of rule of reservation for the government servants belonging to the SCs and STs with retrospective effect from June 1995. | ||
| Eighty-Sixth Amendment Act, 2002 | - 1. Made elementary education a fundamental right. The newly-added Article 21-A declares that ‘the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may determine’. - 2. Changed the subject matter of Article 45 in Directive Principles. It now reads-‘The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years’. - 3. Added a new fundamental duty under Article 51-A which reads-‘It shall be the duty of every citizen of India who is a parent or guardian to provide opportunities for education to his child or ward between the age of six and fourteen years’. | ||
| Eighty-Seventh Amendment Act, 2003 | - Provided for the readjustment and rationalisation of territorial constituencies in the states on the basis of the population figures of 2001 census and not 1991 census as provided earlier by the 84th Amendment Act of 2001. | ||
| Eighty-Eighth Amendment Act, 2003 | - Made a provision for service tax. Taxes on services are levied by the Centre. But, their proceeds are collected as well as appropriated by both the Centre and the states in accordance with the principles formulated by parliament. | ||
| Eighty-Ninth Amendment Act, 2003 | - Bifurcated the erstwhile combined National Commission for Scheduled Castes and Scheduled Tribes into two separate bodies, namely, National Commission for Scheduled Castes and National Commission for Scheduled Tribes. Both the Commissions consist of a Chairperson, a Vice-Chairperson and three other members. They are appointed by the President. | ||
| Ninety-First Amendment Act, 2003 | - Provided for maintaining the erstwhile representation of the Scheduled Tribes and non-Scheduled Tribes in the Assam legislative assembly from the Bodoland Territorial Areas District. | ||
| Ninety-First Amendment Act, 2003 | - Made the following provisions to limit the size of Council of Ministers, to debar defectors from holding public offices, and to strengthen the anti-defection law: - 1. The total number of ministers, including the Prime Minister, in the Central Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha. - 2. A member of either house of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister. - 3. The total number of ministers, including the Chief Minister, in the Council of Ministers in a state shall not exceed 15% of the total strength of the legislative Assembly of that state. But, the number of ministers, including the Chief Minister, in a state shall not be less than 12. - 4. A member of either House of a state legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister. - 5. A member of either House of Parliament or either House of a State Legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to hold any remunerative political post. The expression “remunerative political post” means (i) any office under the central government or a state government where the salary or remuneration for such office is paid out of the public revenue of the concerned government; or (ii) any office under a body, whether incorporated or not, which is wholly or partially owned by the central government or a state government and the salary or remuneration for such office is paid by such body, except where such salary or remuneration paid is compensatory in nature. - 6. The provision of the Tenth Schedule (anti-defection law) pertaining to exemption from disqualification in case of split by one-third members of legislature party has been deleted. It means that the defectors have no more protection on grounds of splits. | ||
| Ninety-Second Amendment Act, 2003 | - Included four more languages in the Eighth Schedule. They are Bodo, Dogri (Dongri), Maithili (Maithili) and Santhali. With this, the total number of constitutionally recognised languages increased to 22. | ||
| Ninety-Third Amendment Act, 2005 | - Empowered the state to make special provisions for the socially and educationally backward classes or the Scheduled Castes or the Scheduled Tribes in educational institutions including private educational Institutions (whether aided or unaided by the state), except the minority educational Institutions. | ||
| Ninety-Fourth Amendment Act, 2006 | - Freed Bihar from the obligation of having a tribal welfare minister and extended the same provision to Jharkhand and Chhattisgarh. This provision will now be applicable to the two newly formed states and Madhya Pradesh and Odisha, where it has already been in force. | ||
| Ninety-Fifth Amendment Act, 2009 | - Extended the reservation of seats for the SCs and STs and special representation for the Anglo-Indians in the Lok Sabha and the state legislative assemblies for a further period of ten years i.e., up to 2020. | ||
| Ninety-Sixth Amendment Act, 2011 | - Substituted ‘Odia’ for ‘Oriya’. Consequently, the ‘Oriya’ language in the Eighth Schedule shall be pronounced as ‘Odia’. | ||
| Ninety-Seventh Amendment Act, 2011 | - Gave a constitutional status and protection to co-operative societies. In this context, it made the following three changes in the constitution: - 1. It made the right to form co-operative societies a fundamental right. - 2. It included a new Directive Principle of State Policy on promotion of co-operative societies. - 3. It added a new Part IX-B in the constitution which is entitled as “The Co-operative Societies”. | ||
| Ninety-Eighth Amendment Act, 2012 | - Provided for special provisions for the Hyderabad- Karnataka region of the State of Karnataka. The special provisions aim to establish an institutional mechanism for equitable allocation of funds to meet the development needs over the region, as well as to enhance human resources and promote employment from the region by providing for local cadres in service and reservation in educational and vocational training institutions. | ||
| Ninety-Ninth Amendment Act, 2014 | - Replaced the collegium system of appointing Judges to the Supreme Court and High Courts with a new body called the National Judicial Appointments Commission (NJAC). However, in 2015, the Supreme Court has declared this amendment act as unconstitutional and void. Consequently, the earlier collegium system became operative again. | ||
| One Hundredth Amendment Act, 2015 | - Gave effect to the acquiring of certain territories by India and transfer of certain other territories to Bangladesh (through exchange of enclaves and retention of adverse possessions) in pursuance of the Land Boundary Agreement of 1974 and its Protocol of 2011. For this purpose, this amendment act amended the provisions relating to the territories of four states (Assam, West Bengal, Meghalaya and Tripura) in the First Schedule of the Constitution. | ||
| One Hundred and First Amendment Act, 2016 | - Paved the way for the introduction of the goods and services tax (GST) regime in the country. The GST shall replace a number of indirect taxes being levied by the Union and the State Government. It is intented to remove cascading effect of taxes and provide for a common national market for goods and services. The proposed Central and State GST will be levied on all transactions involving supply of goods and services, except those which are kept out of the purview of the GST. Accordingly, the amendment made the following provisions: - 1. Conferred concurrent taxing powers upon the Parliament and the State Legislatures to makes laws for levying GST on every transaction of supply of goods or services or both. - 2. Dispensed the concept of ‘declared goods of special importance’ under the constitution. - 3. Provided for the levy of Integrated GST on Inter-state transactions of goods and services. - 4. Provided for the establishment of a Goods and Services Tax Council by a Presidential order. - 5. Made the provision of compensation to the states for loss of revenue arising on account of introduction of GST for a period of five years. - 6. Substituted and omitted certain entries in the Union and State lists of the Seventh Schedule. | ||
| One Hundred and Second Amendment Act, 2018 | - 1. Conferred a constitutional status on the National Commission for Backward Classes which was set-up in 1993 by an Act of the Parliament. - 2. Relieved the National Commission for Scheduled Castes from its functions with regard to the backward classes. - 3. Empowered the President to specify the socially and educationally backward classes in relation to a state or union territory. | ||
| One Hundred and Third Amendment Act, 2019 | - 1. Empowered the state to make any special provision for the advancement of any economically weaker sections of citizens. - 2. Allowed the state to make a provision for the reservation of upto 10% of seats for such sections in admission to educational institutions including private educational institutions, whether aided or unaided by the state, expect the minority educational institutions. This reservation of upto 10% would be in addition to the existing reservations. - 3. Permitted the state to make a provision for the reservation of upto 10% of appointments or posts in favour of such sections. This reservation of upto 10 % would be in addition to the existing reservation. | ||
| One Hundred and Fourth Amendment Act, 2019 | - 1. Extended the reservation of seats for the SCs and STs in the Lok Sabha and the state legislative assemblies for a further period of ten years i.e., upto 2030. - 2. Discontinued the special representation of the Anglo-Indian community in the Lok Sabha and the state legislative assemblies by nomination. | ||
| One Hundred and Fifth Amendment Act, 2021 | - 1. Provided that the President may with respect to any state or union territory specify the socially and educationally backward classes in the Central list for the purposes of the central government. - 2. Explained that the expression “Central list” means the List of socially and educationally backward classes prepared and maintained by and for the central government. - 3. Provided that every state or union territory may, by law, prepare and maintain, for its own purposes, a list of socially and educationally backward classes, in which entries may be different from the Central list. - 4. Exempted the state governments from consulting the National Commission for Backward Classes with regard to the preparation and maintenance of the list of socially and educationally backward classes for their own purposes. | ||
| Appendices | Appendix V: Constitutional Amendments with Reference to Articles | Amendment Act (Year) | Article (Amended, Inserted, Substituted & Omitted) |
| 1st (1951) | - Amended 15, 19, 85, 87, 174, 176, 341, 342, 372, 376. - Inserted 31A, 31B. | ||
| 2nd (1952) | - Amended 81. | ||
| 3rd (1954) | - Amended 3. | ||
| 4th (1955) | - Amended 31, 31A. - Substituted 305. | ||
| 5th (1955) | - Amended 3. | ||
| 6th (1956) | - Amended 269, 286. | ||
| 7th (1956) | - Amended 1, 49, 80, 131, 153, 158, 168, 171, 216, 217, 222. - Inserted 258A, 290A, 350A, 350B, 372A, 378A. - Substituted 81, 82, 170, 220, 224, 230, 231, 232, 239, 240, 298, 371. - Omitted 238, 242, 243, 259, 278, 306, 379 to 391. | ||
| 8th (1959) | - Amended 334. | ||
| 9th (1960) | - Amended 240. | ||
| 10th (1961) | - Amended 240. | ||
| 11th (1961) | - Amended 66, 71. | ||
| 12th (1962) | - Amended 240. | ||
| 13th (1962) | - Inserted 371A. | ||
| 14th (1962) | - Amended 81, 240. - Inserted 239A. | ||
| 15th (1963) | - Amended 124, 128, 217, 222, 224, 226, 297, 311, 316. - Inserted 224A. | ||
| 16th (1963) | - Amended 19, 84, 173. | ||
| 17th (1964) | - Amended 31A. | ||
| 18th (1966) | - Amended 3. | ||
| 19th (1966) | - Amended 324. | ||
| 20th (1966) | - Inserted 233A. | ||
| 21st (1967) | - Amended 275. | ||
| 22nd (1969) | - Inserted 244A, 371B. | ||
| 23rd (1969) | - Amended 330, 332, 333, 334. | ||
| 24th (1971) | - Amended 13, 368. | ||
| 25th (1971) | - Amended 31. - Inserted 31C. | ||
| 26th (1971) | - Amended 366. - Inserted 363A. - Omitted 291, 362. | ||
| 27th (1971) | - Amended 239A, 240. - Inserted 239B, 371C. - Inserted 312A. - Omitted 314. | ||
| 29th (1972) | - Amended 133. | ||
| 30th (1972) | - Amended 133. | ||
| 31st (1973) | - Amended 81, 330, 332. - Amended 371. | ||
| 32nd (1973) | - Inserted 371D, 371E. | ||
| 33rd (1974) | - Amended 101, 190. | ||
| 34th (1974) | - Amended 80, 81. - Inserted 2A. | ||
| 35th (1974) | - Amended 80, 81. - Inserted 371F. - Omitted 2A. | ||
| 36th (1975) | - Amended 239A, 240. - Amended 123, 213, 239B, 352, 356, 359, 360. - Amended 329. - Inserted 329A. - Substituted 71. | ||
| 37th (1975) | - Amended 239A, 240. - Amended 123, 213, 239B, 352, 356, 359, 360. - Amended 329. - Inserted 329A. - Substituted 71. | ||
| 38th (1975) | - Amended 123, 213, 239B, 352, 356, 359, 360. - Amended 329. - Inserted 329A. - Substituted 71. | ||
| 39th (1975) | - Amended 329. - Inserted 329A. - Substituted 71. | ||
| 40th (1976) | - Substituted 297. | ||
| 41st (1976) | - Amended 316. | ||
| 42nd (1976) | - Amended Preamble, 31C, 39, 55, 74, 77, 81, 83, 100, 102, 105, 118, 145, 166, 170, 172, 189, 191, 194, 208, 217, 225, 227, 228, 311, 312, 330, 352, 353, 356, 357, 358, 359, 366, 368, 371F. - Inserted 31D, 32A, 39A, 43A, 48A, 51A, 131A, 139A, 144A, 226A, 228A, 257A, 323A, 323B. - Substituted 103, 150, 192, 226. | ||
| 43rd (1977) | - Amended 145, 226, 228, 366. - Omitted 31D, 32A, 131A, 144A, 226A, 228A. | ||
| 44th (1978) | - Amended 19, 22, 30, 31A, 31C, 38, 74, 77, 83, 100, 102, 104, 105, 123, 132, 133, 134, 139A, 150, 166, 172, 189, 191, 194, 208, 213, 217, 225, 226, 227, 239B, 329, 352, 356, 358, 359, 360, 371F. - Inserted 134A, 300A, 361A. - Substituted 71, 103, 192. - Omitted 31, 257A, 329A. | ||
| 45th (1980) | - Amended 334. | ||
| 46th (1982) | - Amended 269, 286, 366. | ||
| 47th (1984) | - Amended 356. | ||
| 49th (1984) | - Amended 244. | ||
| 50th (1984) | - Substituted 33. | ||
| 51st (1984) | - Amended 330, 332. | ||
| 52nd (1985) | - Amended 101, 102, 190, 191. | ||
| 53rd (1986) | - Inserted 371G. | ||
| 54th (1986) | - Amended 125, 221. | ||
| 55th (1986) | - Inserted 371H. | ||
| 56th (1987) | - Inserted 371I. | ||
| 57th (1987) | - Amended 332. | ||
| 58th (1987) | - Inserted 394A. | ||
| 59th (1988) | - Amended 356. - Inserted 359A. | ||
| 60th (1988) | - Amended 276. | ||
| 61st (1988) | - Amended 326. | ||
| 62nd (1989) | - Amended 334. | ||
| 63rd (1989) | - Amended 356. - Omitted 359A. | ||
| 64th (1990) | - Amended 356. | ||
| 65th (1990) | - Amended 338. | ||
| 66th (1990) | - Amended 356. | ||
| 67th (1990) | - Amended 356. | ||
| 68th (1991) | - Amended 356. | ||
| 69th (1991) | - Inserted 239AA, 239AB. | ||
| 70th (1992) | - Amended 54, 239AA. | ||
| 71st (1992) | - Amended 332. | ||
| 72nd (1992) | - Amended 332. | ||
| 73rd (1992) | - Amended 280. - Inserted 243, 243A to 243-O. | ||
| 74th (1992) | - Amended 280. - Inserted 243P to 243Z, 243ZA to 243ZG. | ||
| 75th (1993) | - Amended 323B. | ||
| 76th (1994) | - Amended 16. | ||
| 77th (1995) | - Amended 16. | ||
| 78th (1995) | - Amended 334. | ||
| 79th (1999) | - Amended 334. | ||
| 80th (2000) | - Amended 269. - Substituted 270. - Omitted 272. | ||
| 81st (2000) | - Amended 16. | ||
| 82nd (2000) | - Amended 335. | ||
| 83rd (2000) | - Amended 243M. | ||
| 84th (2001) | - Amended 55, 81, 82, 170, 330, 332. | ||
| 85th (2001) | - Amended 16. | ||
| 86th (2002) | - Amended 51A. - Inserted 21A. - Substituted 45. | ||
| 87th (2003) | - Amended 81, 82, 170, 330. | ||
| 88th (2003) | - Amended 270. - Inserted 268A. | ||
| 89th (2003) | - Amended 338. - Inserted 338A. | ||
| 90th (2003) | - Amended 332. | ||
| 91st (2003) | - Amended 75, 164. - Inserted 361B. | ||
| 92nd (2003) | - Inserted 43B, 243ZH to 243ZT. | ||
| 93rd (2005) | - Amended 15. | ||
| 94th (2006) | - Amended 164. | ||
| 95th (2009) | - Amended 334. | ||
| 96th (2011) | - Amended 19. | ||
| 97th (2011) | - Inserted 43B, 243ZH to 243ZT. | ||
| 98th (2012) | - Inserted 371J. | ||
| 99th (2014) | - Amended 124, 127, 128, 217, 222, 224, 224A, 231. - Inserted 124A, 124B, 124C. | ||
| 100th (2015) | - Amended 248, 249, 250, 268, 269, 270, 271, 286, 366, 368. - Inserted 246A, 269A, 279A. - Omitted 268A. | ||
| 101st (2016) | - Amended 248, 249, 250, 268, 269, 270, 271, 286, 366, 368. - Inserted 246A, 269A, 279A. - Omitted 268A. | ||
| 102nd (2018) | - Amended 338, 366. - Inserted 338B, 342A. | ||
| 103rd (2019) | - Amended 15, 16. | ||
| 104th (2019) | - Amended 334. | ||
| 105th (2021) | - Amended 338B, 342A, 366. | ||
| Appendices | Appendix VI: Flag Code of India | Part I-General Description of the National Flag | - Universal affection/respect for national flag. Lack of awareness of laws/practices/conventions for display. - Governed by Emblems and Names (Prevention of Improper Use) Act, 1950 & Prevention of Insults to National Honour Act, 1971. - Flag Code of India, 2002: brings together laws, conventions, practices, instructions. Effective Jan 26, 2002. Superseded ‘Flag Code-India’. - Divided into 3 parts: Part I (general description), Part II (display by public/private organizations/educational institutions), Part III (display by Central/state governments). - 1.1 The national flag is a tri-colour panel (3 rectangular panels/sub-panels of equal widths). Top: India saffron (kesari). Bottom: India green. Middle: white, with Ashoka Chakra (navy blue, 24 equally spaced spokes). Chakra preferably screen printed/otherwise printed/stenciled/embroidered, completely visible on both sides. - 1.2 Made of hand spun/hand woven or machine made, cotton/polyester/wool/silk/khadi bunting. (Amended Dec 30, 2021). - 1.3 Rectangular shape. Ratio of length to height (width) 3:2. - 1.4 Standard sizes in mm: 6300x4200, 3600x2400, 2700x1800, 1800x1200, 1350x900, 900x600, 450x300, 225x150, 150x100. - 1.5 Appropriate size chosen. 450x300mm for VVIP aircrafts, 225x150mm for motor-cars, 150x100mm for tables. |
| Part II-Hoisting/Display/Use of National Flag by Members of Public, Private Organisations, Educational Institutions, Etc. | - 2.1 No restriction on display by general public, private organizations, educational institutions, except as provided in Emblems and Names (Prevention of Improper Use) Act, 1950 & Prevention of Insults to National Honour Act, 1971. - Restrictions: (i) Not used for commercial purposes. (ii) Not dipped in salute to person/thing. (iii) Not flown at half-mast except on occasions Government instructs. (iv) Not used as drapery (including private funerals). (v) Not part of costume/uniform, embroidered/printed on cushions/handkerchiefs/napkins/dress material. (vi) No lettering. (vii) Not used as receptacle for receiving/delivering/holding/carrying anything. (Exception: flower petals inside for celebrations like Republic Day/Independence Day). (viii) When unveiling statue, displayed distinctly/separately, not covering statue/monument. (ix) Not cover speaker’s desk/platform. (x) Not intentionally allowed to touch ground/floor or trail in water. (xi) Not draped over hood/top/sides/back of vehicle/train/boat/aircraft. (xii) Not covering building. (xiii) Not intentionally displayed with saffron portion downwards. - 2.2 Public/private organization/educational institution may hoist/display on all days/occasions, ceremonial/otherwise. Consistent with dignity/honor. - Display rules: (i) Occupy position of honor, distinctly placed. (ii) Damaged/dishevelled flag not displayed. (iii) Not flown from single masthead simultaneously with other flag/flags. (iv) Not flown on vehicle except as in Section IX Part III. (v) When displayed on speaker’s platform, flown on speaker’s right (facing audience) or flat against wall (above/behind). (vi) When displayed flat/horizontal on wall, saffron band uppermost. When displayed vertically, saffron band to right (facing flag). (vii) Conform to Part I specifications. (viii) No other flag/bunting higher/above/side by side. No object (flowers/garlands/emblem) on/above flag-mast. (ix) Not used as festoon/rosette/bunting for decoration. (x) Paper flags waved on national/cultural/sports events. Not discarded/thrown on ground. Disposed of privately consistent with dignity. (xi) When displayed in open or on house of public member, flown day/night. (Amended July 20, 2022. Earlier: sunrise to sunset). (xii) Not displayed/fastened in manner damaging it. (xiii) Damaged/soiled flag destroyed as whole in private (preferably by burning). | ||
| Section V: Misuse | - 3.22 Not used as drapery except in State/military/Central para-military forces funerals. - 3.23 Not draped over hood/top/sides/back of vehicle/train/boat. - 3.24 Not used/stored in manner damaging/soiling it. - 3.25 Damaged/soiled flag not cast aside/disrespectfully disposed of. Destroyed as whole in private (preferably by burning). - 3.26 Not used as covering for building. - 3.27 Not used as part of costume/uniform. Not embroidered/printed on cushions/handkerchiefs/napkins/boxes. - 3.28 No lettering. - 3.29 Not used as advertisement/advertising sign fastened to pole. - 3.30 Not used as receptacle for receiving/delivering/holding/carrying anything. (Exception: flower petals inside). | ||
| Section VI: Salute | - 3.31 During hoisting/lowering or parade/review, all persons face flag, stand at attention. Uniformed render appropriate salute. In moving column, stand at attention or salute. Dignitary can take salute without head dress. | ||
| Section VII: Display with Flags of other Nations and of United Nations | - 3.32 When displayed in straight line with other countries, national flag on extreme right (observer facing row). - 3.33 Foreign flags proceed alphabetically (English names). Permissible to begin/end row with national flag, include in alphabetical order. National flag hoisted first, lowered last. - 3.34 In open circle (arc/semi-circle), same procedure. In closed circle, national flag marks beginning, other flags clockwise. Not necessary to use separate flags to mark beginning/end of circle. National flag included in alphabetical order. - 3.35 When displayed against wall with another flag from crossed staffs, national flag on right (flag’s own right), staff in front of other flag’s staff. - 3.36 When UN flag flown with national flag, displayed on either side. General practice: national flag on extreme right (observer facing masts). - 3.37 When national flag flown with other countries, flag masts equal size. International usage forbids display of one nation’s flag above another in peace. - 3.38 National flag not flown from single mast-head simultaneously with other flag/flags. Separate mast-heads. | ||
| Section VIII: Display over Public Buildings/Official Residences | - 3.39 Normally flown only on important public buildings (high courts, secretariats, commissioners’ offices, collectorates, jails, district boards, municipalities, zilla parishads, departmental/public sector undertakings). - 3.40 In frontier areas, flown on border customs posts, check posts, out posts, other special places (special significance). Also on camp sites of border patrols. - 3.41 Flown on official residences of President, Vice-President, governors, lieutenant governors (at headquarters). Flag brought down when dignitary leaves, re-hoisted when enters. If dignitary visits outside headquarters, flag hoisted on building where stays, brought down when leaves. Flown irrespective of headquarters on Republic Day, Independence Day, Mahatma Gandhi’s Birthday, National Week (April 6-13, martyrs’ memory), other national rejoicing day (specified by GoI/state). - 3.42 When President, Vice-President, PM visits institution, national flag flown by institution as mark of respect. - 3.43 When foreign dignitaries visit India (President, Vice-President, Emperor/King/Heir Prince, PM), national flag flown with foreign country’s flag (rules in Section VII) by private institutions receiving, public buildings to be visited. | ||
| Section IX: Display on Motor Cars | - 3.44 Privilege of flying national flag on motor cars limited to: (1) President. (2) Vice-President. (3) Governors and Lieutenant Governors. (4) Heads of Indian missions/posts abroad. (5) Prime Minister and other Cabinet Ministers. - Ministers of State and Deputy Ministers of the Union. - Chief Minister and other Cabinet Ministers of a State or Union Territory. - Ministers of State and Deputy Ministers of a State or Union Territory. (6) Speaker of the Lok Sabha. - Deputy Chairman of the Rajya Sabha. - Deputy Speaker of the Lok Sabha. - Chairmen of Legislative Councils in States. - Speakers of Legislative Assemblies in States and Union Territories. - Deputy Chairmen of Legislative Councils in States. - Deputy Speakers of Legislative Assemblies in States and Union Territories. (7) Chief Justice of India. - Judges of Supreme Court. - Chief Justice of High Courts. - Judges of High Courts. - 3.45 Dignitaries (3.44(5)-(7)) may fly national flag on cars if necessary/advisable. - 3.46 When foreign dignitary travels in government car, national flag flown on right, foreign country’s flag on left. | ||
| Section X: Display on Trains/Aircrafts | - 3.47 When President travels by special train, national flag flown from driver’s cab on side facing platform from where train departs. Flown only when stationary or coming into station. - 3.48 National flag flown on aircraft carrying President, Vice-President, PM on foreign visit. Alongside, flag of visited country. When aircraft lands en route, national flags of touched countries flown. Gesture of courtesy/goodwill. - 3.49 When President embarks/disembarks aircraft within India, national flag displayed on side. | ||
| Section XI: Half-masting | - 3.50 In event of death of dignitaries, national flag half-masted at indicated places on day of death. - Dignitaries: President, Vice-President, PM, CJI, Speaker LS, CM, Cabinet Minister, Deputy Chairman RS, Deputy Speaker LS, Chairman LC, Deputy Chairman LC, Speaker LA, Deputy Speaker LA, Judges of SC/HC. - 3.51 If intimation of death received afternoon, flag half-masted next day also (if funeral not before sunrise). - 3.52 On day of funeral, flag half-masted at funeral place. - 3.53 If State mourning observed, flag half-masted throughout mourning period (India for Union dignitaries, state/UT for state/UT dignitaries). - 3.54 Half-masting for foreign dignitaries governed by special instructions from Ministry of Home Affairs. - 3.55 Notwithstanding above, if half-mast day coincides with Republic Day, Independence Day, Mahatma Gandhi’s Birthday, National Week (April 6-13), other national rejoicing day, flags not half-masted (except over deceased’s building). Raised to full-mast after body removed. - 3.56 If mourning in parade/procession, 2 black crepe streamers attached to spear head. Use of black crepe by Government order only. - 3.57 When flown at half-mast, hoisted to peak for instant, then lowered to half-mast. Raised again to peak before lowering for day. - Note: Half-mast means hauling down flag to one half distance between top & guy-line, or half of staff. |