GROWTH OF CONSTITUTION UNDER THE COMPANY RULE • Deprived the Governor of Bombay & Madras & Governor-

[1773 – 1858] General of India was given exclusive legislative powers for
the entire British India.
THE REGULATING ACT, 1773
• It ended the activities of East India Company as a
→ Features: commercial body, which became a purely administrative
body.
• Designated Governor of Bengal as Governor-General of
Bengal. First Governor-General was Lord Warren Hastings. • Attempt to introduce open system competition for
selection of civil servants.
• Made Governors of Bombay & Madras Presidencies
subordinate to Governor-General of Bengal. CHARTER ACT, 1853

• Provided for establishment of SC at Calcutta (1774) → Features:

comprising one Chief Justice & three other Judges.
• Introduced an open competition system of selection &
• Prohibited Company servants from engaging in any recruitment of civil servants. [Macaulay Committee in 1854]
private trade.
• It first time separated the legislative & executive function
• Created the Executive Council of four members to assist of the Governor-General’s Council.
Governor-General of Bengal.
• It provided for addition of six new members called
PITT INDIA ACT, 1784 legislative councillors to the Council.

→ To rectify the defects of the Regulating Act, 1773, British • It introduced first time, local representation in Indian
Parliament passed the Amending Act, 1781, also known as (Central) Legislative Council. [Out of 6 members 4 were
Act of Settlement. appointed by local (provincial) government of Madras,
Bombay, Bengal & Agra.
→ Features (Pitt Act):
THE CROWN RULE
• Distinguished b/w commercial & political functions of the [1858 – 1947]
Company.
GOVERNMENT OF INDIA ACT, 1858
• It allowed the Court of Directors to manage the
commercial affairs but created new body called Board of → Also known as “Act for the Good Government of India.”
Control to manage political affairs. Thus, established a
system of double government. → Abolished the East India Co. and transferred the powers
of Govt., territories & revenues to the British Crown.
→ Significance:
→ Features:
• Company’s territories in India were called “British
possessions in India.” • Changed the designation of the Governor-General of India
to the Viceroy of India.
• British Govt. was given the supreme control over
Company’s affairs & its administration in India. • Viceroy was the direct representative of British Crown in
India.
CHARTER ACT, 1833
• Lord Canning thus became the first Viceroy of India.
→ Final step towards centralisation in British India.
• Ended system of double government by abolishing the
→ Features: Board of Control & Court of Directors.

• Made Governor-General of Bengal as Governor-General • It created a new office, Secretary of State for India, vested
of India. with complete authority & control over Indian
administration.
• William Bentinck was first Governor-General of India.
• It established a 15 member Council of India to assist
Secretary for India. He was also Chairman of the Council.

1
→ Largely confined to the improvement of the • Lord Minto was known as “Father of Communal
administration machinery by which the Indian Govt. was to Electorate.”
be supervised & controlled in England.
• Beginning of non-official resolutions in the council.
INDIAN COUNCIL ACT, 1861
GOVERNMENT OF INDIA ACT, 1919
→ It is an important landmark in the constitutional &
political history of India. → It is also known as Montagu-Chelmsford Reforms.

→ Features: → Features:

• Made beginning of representative institutions by • Relaxed the central control over the provinces by
associating Indians with the law making process. It thus demarcating & separating the central & provincial subjects.
provided that Viceroy should nominate some Indians as
non-official members of his expanded Council. • Divided provincial subjects into two parts – transferred &
reserved subjects. The transferred subjects were to be
• Initiated process of decentralisation by restoring the administered by the Governor with the aid of ministers
legislative powers to the Bombay & Madras Presidencies. It responsible to the legislative Council. The reserved subjects
thus reversed the centralising tendency started from 1773. were to be administered by the Governor & his executive
council without being responsible to the legislative Council.
• Established three new legislative councils for Bengal,
North-West Frontiers (NWF) & Punjab. • The dual scheme of governance was known as “Dyarchy.”

• It empowered Viceroy to make rules & order for the more • It introduced, for the first time, bicameralism & direct
convenient transaction of business in the Council. elections in the Country.

• It empowered the Viceroy to issue ordinances, without • It required that 3 out of 6 members of Viceroy’s Executive
the concurrence of the legislative Council, during the Council (other than Commander-in-Chief) were to be
emergency. Life of ordinance was 6 months. Indian.

INDIAN COUNCIL ACT, 1892 • It provided for establishment of public service

commission. Hence, a Central Public Service Commission
→ Features: was set up in 1926.

• Enlarged the size and functions of Central & Provincial • It granted franchise to a limited no. of people on the basis
Councils. of property, tax or education.

• Increased the functions of legislative councils & gave • Extended the principle of communal representation by
them the power of discussing budget & addressing providing separate electorate for Sikhs, Christians, Anglo-
questions to the executive. Indians & Europeans.

INDIAN COUNCIL ACT, 1909 • It separated provincial budgets from the Central Budget &
authorised the provincial legislatures to enact their
→ It is also known as Morley-Minto Reforms. (Lord Morley budgets.
was the Secretary & Lord Minto was Viceroy.)
• Indian Legislative Council was to be called as the Indian
→ Features: Legislature.

• Increased the size of the legislative councils, both Central → Significance:

& Provincial.
• Simon Commission of 1927 was outcome of it.
• It provided for association of Indians with the executive
councils of the Viceroy & Governors. (Satyendra Prasad • Rowlatt Act – Authorised Govt. to imprison any person
Sinha became the first, he was appointed as law member.) without trial & conviction in a court of law.

• Gave separate electorate to Muslims. Introduced system • This was intended as a step towards complete responsible
of communal representation. government.

2
• The Viceroy however retained control of the Cent. Govt. • The extension of system of communal electorates
& the role of the mostly elected bicameral legislature promoted separatist tendencies which results in partition of
remained advisory. India.

• Division of subjects were not satisfactory. • The Act provided a rigid constitution with no possibility of
internal growth. Right of amendment was reserved with
GOVERNMENT OF INDIA ACT, 1935 British Parliament.

→ It was second milestone towards completely responsible → Causes:

government.
• To incorporate recommendation of Simon Commission.
→ Features: (1920)

• It provided for establishment of an All India Federation • Impact of Civil Disobedience Movement or Salt
consisting of provinces & princely states as units. Satyagraha launched by Gandhi (1930).

• The Act divided the powers b/w Centre and units in terms • Following the recommendations of three Round Table
of 3 lists – Federal List (for Centre with 59 items), Provincial Conference (1930, 1931, 1932)
List (for Provinces, with 54 items) & Concurrent List (for
both, with 36 items). • To incorporate the provisions of Gandhi-Irwin pact.

• It abolished dyarchy in the provinces & introduced • To incorporate the provisions of Poona pact b/w Gandhi
“Provincial Autonomy” in its place. & Ambedkar.

• It provided for adoption of dyarchy at the Centre. INDIAN INDEPENDENCE ACT, 1947
Consequently the federal subjects were divided into
reserved & transferred subjects. → Causes:

• It introduced bicameralism in six out of eleven provinces. • World War II & British indulgence in it which weakened
However, many restrictions were placed on them. Britain economically.

• Separate electorate for depressed classes (SC’s), women • Role of INA outside India as well as in India.
& labour.
• Cripps Proposal, 1942
• It extended the franchise, more than 10% of total
population got the voting right. • Quit India Movement launched by Gandhi in 1942.

• It provided for establishment of RBI to control the • Cabinet Mission Plan 1946, which provided for making of
currency & credit of the country. Constituent Assembly.

• It provided for establishment of not only Federal Public • Revolt in Indian Navy & Indian Army against Britishers.
Service Commission but also a Provincial Public Service
Commission & Joint Public Service Commission.
→ Provisions:

• It provided for establishment of Federal Court, which was

• Ended British rule in India & declared India as an
set up in 1937.
independent & sovereign state from 15th August, 1947.

→ Evaluation/Drawbacks:
• Act provided for creation of two independent dominions
– India & Pakistan.
• No preamble: the ambiguity of British commitment to
dominion status.
• Abolish post of Secretary of State of India.

• No Bill of Rights, means no rights were given.

• The Governor-General & provincial governors to act as
Constitutional Heads.
• Numerous safeguards & special responsibilities of the
Governor-General worked as brake in proper functioning of
• It discontinued the appointment to civil services &
Act.
reservation of posts by Secretary of State of India.

• In provinces, Governors still had extensive powers.

3
• It empowered the Constituent Assemblies of the two → 296
dominions to frame & adopt any constitution for their • 210 (General)
respective nations & to repeal any act of the British • 78 (Muslims)
Parliament, including the Independence Act itself. • 4 (Sikhs)
• 4 (Chief Commissioners Provinces)
• Crown ceased to be the source of authority.
→ 93 (Princely States)
• Dominion status was given.
• The method of election was proportional representation
LORD MOUNTBATTEN by means of single transferable vote.

• Last British Governor-General of India / first Governor- • In provinces the members were to be elected by
General of India members of Legislative Assembly.

C. RAJAGOPALACHARI • In princely states method of selection was on the basis of

nomination/consultation.
• Last Governor-General of India / first Indian Governor-
General → First meeting of CA was held on 9th Dec. 1946 which was
boycotted by the Muslim League.
→ Shortcomings/Criticism:
• Dr. Sachchidanand Sinha, temporary President.
• Get independence but divided into two nations.
• Later, Dr. Rajendra Prasad & H.C. Mukherjee was elected
• India independence was much delayed. as President & Vice-President respectively.

• For princely states, the provision was made that they • B.N. Rau was appointed as the Constitutional/Legal
were free to join the Dominion of India or Pakistan or Adviser.
remain independent.
→ On 26th July, 1947, a separate CA for Pakistan was
MAKING OF CONSTITUTION created.

→ Idea of Constituent Assembly for India was put forward → The CA of dominion of India (ex. Pak.) met for first time
for first time by M.N. Roy in 1934. on 14th August, 1947.

→ In 1935, INC, for first time, officially demanded a → On 29th August, 1947, the CA appointed Drafting
Constituent Assembly to frame the Constitution of India. Committee under the Chairmanship of “Dr. B.R.
Ambedkar.”
→ Demand was accepted in principle by British Govt. in
what is known as “August Offer” of 1940. → Dr. B.R. introduced final draft of Const. on Nov. 4, 1948
(First Reading)
→ In 1942, Sir Stafford Cripps, a member of Cabinet, came
to India with draft proposal of British Govt. on framing of an Second Reading (Clause by Clause) on Nov. 15, 1948.
independent Constitution to be adopted after the World
War II. Third Reading started on 14th Nov. 1949.

→ Cripps proposal was rejected by the Muslim League. → Constitution of India was declared passed on 26th Nov.
1949.
COMPOSITION OF THE CONSTITUENT ASSEMBLY
284 members out of 299 signed over it then after it was
• CA was constituted in Nov. 1946 under the scheme signed by President of CA Dr. Rajendra Prasad.
formulated by the Cabinet Mission Plan.
→ The Constitution as adopted on Nov. 26, 1949 contained
• Each province & princely state were given representation a Preamble, 395 Articles & 8 Schedules.
in CA in proportion of their respective population. Roughly,
one seat was to be allocated for every one million → Provisions like Parliament, Election, Citizenship were
population. implemented w.e.f same date i.e. Nov. 26, 1949.

• Total strength — 389 → Remaining on 26th Jan. 1950. This day was chosen
because Purna Swaraj (Date of Commencement of Const.)
4
was celebrated on same day in 1930, following the → Constitution of USA:
resolution of Lahore Session (1929).
• Fundamental Rights
SALIENT FEATURES OF THE CONSTITUTION
• Judicial Review
→ Important Amendments are 7th, 42nd, 44th, 73rd & 74th
Constitution Amendment Act. • Preamble

→ 42nd Const. Amendment Act (1976) known as Mini • Impeachment of President, removal of SC & HC Judges.
Constitution.
→ Constitution of UK:
→ Features:
• Parliamentary Model
• Lengthiest Written Constitution
• Cabinet system
• Drawn from Various Sources
• Writ Jurisdiction
• Mixup of Rigidity & Flexibility
→ Constitution of Ireland:
• Federal cum Unitary System
• DPSP
• Parliamentary form of Govt.
• Elected President
• Synthesis of Parliamentary Sovereignty & Judicial
Supremacy → Constitution of Canada:

• Integrated & Independent Judiciary • Residuary Powers

• Fundamental Rights • MP & MLA’s Privileges

• Fundamental Duties → Constitution of USSR:

• Directive Principles of State Policy • Fundamental Duties, Emergency Provisions

• Secular State → Constitution of Australia:

• Single Citizenship • Concurrent List

• Universal Adult Franchise • Joint Sitting of Parliament

• Independent Bodies → Constitution of Germany:

• Emergency Provisions • Suspension of FRs during Emergency

• Three-tier Government → Constitution of South Africa:

IMPORTANT SOURCES OF INDIAN CONSTITUTION • Procedure of Constitutional Amendment

→ Govt. of India Act: PREAMBLE

• Federal Structure → It refers to introduction or preface to the Constitution.

• Centre-State Relations → Preamble to Indian Constitution is based on “Objective

Resolution” drafted & moved by Pandit Nehru.
• Administrative Setup [Office of Governor]
→ It has been amended by 42nd Const. Amd. Act, 1976
• Public Service Commissions which added three new words – Socialist, Secular &
Integrity.
5
→ Preamble is part of the Constitution & therefore it can be • Reason why “Union of States” preferred to
amended. [Keshvanand Bharti Case (1973)] “Federation of States”:

→ SC said if there is any difficulty in the interpretation of – Indian federation is not the result of an agreement among
Constitution, it can be interpreted in the light of Preamble. the states like US federation.

→ Key Words in the Preamble: – The states have no rights to secede from the federation.

• Sovereign – It implies that India is neither a dependency • “Territory of India” is wider expression than
nor a dominion of any other nation, but an independent “Union of India” because later includes only states
state. & former includes states + UT + territories
acquired by GOI.
• Socialist – It means aim of Const. is to bring about
socialistic pattern of the society. India follows “democratic Article 2: Parliament may by law admit into the Union or
socialism” which holds faith in mixed economy. establish New States on such terms & conditions, as it
thinks fit.
• Secular – It means all religions in our country have same
status & support from the state. Article 3: Parliament may by law –

• Democratic – Two types – Direct & indirect. In direct • Form a New State by separation of territory from any
democracy people exercise their supreme power directly. State or by uniting two or more States or parts of State or
Four devices of direct democracy – Referendum, Initiative, by uniting any territory to a part of any State;
Recall & Plebiscite. In indirect democracy representatives
elected by people exercise the supreme power. • Increase the area of any State;

• Republic – The head of State i.e. President is elected and • Diminish the area of any State;
not hereditary.
• Alter the boundaries of any State;
• Justice – Preamble makes Social, Economic & Political
Justice as one of the goal of Constitution. Social Justice • Alter the name of any State.
means equal treatment of all citizens without any
discrimination. Economic Justice means basic needs of
→ Procedure related to creation of New State or make
people must be fulfilled & there shall be equality of
changes in area, boundary or name:
opportunity. Political Justice includes Right to Vote, contest
Election & hold public office etc.
• Prior permission of President is required to introduce bill
in either House.
• Liberty – Preamble reflects wider liberty of thought,
expression, belief, faith & worship.
• Before giving assent recommendation President shall
refer the matter to the Concern State Legislature for its
• Equality – It means absence of special privileges to any
opinion.
section & provision of adequate opportunities for all
individuals without any discrimination.
• The State Legislature is required to give this opinion
within stipulated time limit or any extended time limit.
• Fraternity – It means sense of brotherhood.

• If State Legislature doesn’t provide its view within the

PART-I [Article 1-4]
time limit or give contrary views after expiry of time limit,
bill may be introduced in either House.
Article 1(1): India, that is Bharat shall be a Union of States.
• Parliament is not bound to act in accordance with the
Article 1(2): The State & its territory shall be as specified in opinion of State Legislature.
First Schedule.
• To get this bill passed in Parliament, simple majority is
Article 1(3): The territory of India shall comprise – required.

• Territory of States; • No reference in case of UT.

• Territorial integrity or continued existence of any
• Union Territories specified in First Schedule; State is not guaranteed by the Constitution.

• Such other territories as may be acquired.

6
Article 4: According to Art 4 such a bill itself contains the • Working knowledge of Indian language is essential.
provisions for amendment of Schedule 1 & 4 and for this no
separate Constitutional Amendment under Art. 368 (v) By incorporation of territory:
required.
→ Loss of Citizenship:
• First Linguistic State “Andhra”.
(i) By Renunciation (Voluntary Surrenders)
PART-II [Article 5-11]
(ii) By Termination (On getting other Countries Citizenship)
Article 11: Empowers Parliament to make law regarding
Citizenship. (iii) By Deprivation (Termination in case of fraud,
misrepresentation)
→ Citizenship Act, 1955 (Further amended in 1986, 2003 &
2005):- → Dual-Citizenship: Two limitations –

→ Person may get Indian Citizenship in following ways: (i) No Right to Vote.

(i) By Birth: (ii) Can’t hold any Constitutional post in India.

• Child born before 1st July, 1987 & child born after 1st FUNDAMENTAL RIGHTS
July, 1987 but either of parents is citizen of India at time of [Part-III, Article 12-35]
his birth.
→ Part III of Constitution is described as the “Magna Carta
(ii) By Descent: of India.”

• Person born outside territory of India can apply if at the → Part III is also called “The Corner Stone of the
time of birth either of the parents is a Citizen of India. Constitution” & together with Part IV (DPSP) constitute
“The Conscience of the Constitution.”
(iii) By Registration:
→ They aim at establishing “a government of laws & not of
• A person of Indian Origin who is ordinarily resident in men.”
India for 7 years before making application.
→ They are fundamental because they are guaranteed &
• A person of Indian origin who is ordinarily resident in any protected by the Constitution, which is fundamental law of
country. land.

• A person who is married to a citizen of India. → They are fundamental also in the sense that they are
most essential for all-round development of the individuals.
• Minor childrens of persons who are citizens of India.
→ Article 12: Definition of “State” –
→ Ordinarily resident –
→ In this Part unless the context otherwise mentioned, the
• Resided in India throughout the period of 12 months term “State” includes –
immediately before making application; and
(a) Govt. & Parliament of India;
(iv) By Naturalisation:
(b) Govt. & Legislature of State;
• He/She must belong to country where similar provision is
given for Indian Citizen. (c) All local & other authorities –

• Either resided in India or been in service of GOI, (i) Within the territory of India, or
throughout the period of 12 months immediately preceding
the application. (ii) Under the Control of GOI.

• He can apply for it only after 11 years of lawful residence → Article 13: Law inconsistent with Fundamental Rights
in India preceding to 12 months residence.
• It declares that all laws that are inconsistent with or
• He must bear good moral Character. derogation of any of the Fundamental rights shall be void.

7
→ Ambit of law: • SC held “Rule of law” is basic feature & cannot be
amended.
• Permanent law enacted by Parliament or State
Legislature. → Exception:

• Temporary law like ordinance issued by Pres. or • President & Governors (Article 361)
Governor.
• Foreign Diplomats i.e. UNO etc.
• Order, By-laws, rule, regulation or notification.
• Article 31-C: It provides the laws made by State for
• Non-legislative sources of law i.e. custom & its usage implementing DPSP contained in clause (b) or (c) of Art. 39
having the force of law. cannot be challenged.

→ Right to Equality (Article 14-18) → Article 15: Prohibition of Discrimination on Certain

Grounds
→ Equality before law & equal Protection of law (Article 14)
It provides that no citizen State shall not on the grounds
• The State shall not deny to any person equality before law only of Religion, Race, Caste, Sex or place of birth, subject
& equal protection of law. to any disability, liability, restriction or condition with
regard to –
• Person includes citizens & foreigners as well as legal
persons. • Access shops, public restaurants, hotels & place of public
entertainment.
Equality before law
• The use of wells, tanks, bathing ghats, roads & place of
• British Origin public resort maintained wholly or partly by State fund.

• Negative Concept → Exception –

• It prohibits special treatment. • Special favour for SC’s, ST’s & other weaker sections
allowed.
• It is one of the aspects of “Rule of law” by Prof. Dicey.
• Special favour can be given to women & childrens.
Equal Protection of law
Article 16: Equality of Opportunity in Public Employment
• U.S. Origin
No citizen can be discriminated against or be ineligible for
• Positive Concept any employment or office under State on grounds of only
religion, race, caste, sex, descent, place of birth or
residence.
• It allows special treatments.
→ Exception –
• It means equality of treatment under equal
circumstances.
• Parliament can prescribe residence as a condition for
certain employment in State or UT or local authority.
• It permits reasonable classification of persons, objects &
transactions by the law.
• Special favour can be given to SC’s, ST’s & other weaker
sections.
→ Rule of law:
• Religion can be ground for discrimination in special cases.
• No man can be punished except for breach of law.
[Ex: Appointment of Imams in Madras]
• Everyone is equal before law.
Article 17: Abolition of Untouchability
• Constitution is result of rights of individual rather than
Constitution being the source of individual rights.
→ Art. 17 abolishes untouchability & forbids its practice in
any form.
• First & Second element are applicable to Indian
System.
8
→ Following acts are offensive as per Protection of Civil PADMA AWARDS
Rights Act, 1955 –
• Instituted in 1954.
• Preventing any person from entering any place of public
worship. • Padma Awards were suspended during 1977–1980 under
the Morarji Desai government.
• Denying access to any shop, hotel or places of public
entertainment. • Suspended again during 1993–1997 due to legal and
procedural challenges.
• Refusing to admit persons in hospitals, educational
institutions or hostels established for public benefit. • Briefly reviewed again during 1978 under the Janata
government.
• Insulting a person belonging to SC on ground of
untouchability. BHARAT RATNA

• Preaching untouchability directly or indirectly. • Maximum number of Bharat Ratna awardees allowed in a
particular year is 3.
• Refusing to sell goods or render service.
• Therefore, the statement that Bharat Ratna Awards are
→ Punishment restricted to a maximum of 5 in a year is incorrect.

• Imprisonment upto 6 months or fine upto ₹500 or both. → Right to Freedom (Article 19-22)

• Convicted person is disqualified for contesting election to → Freedom of Speech etc. (Article 19): [***V. Imp.]
Parliament or State Legislature.
Originally there were seven rights from Article 19(1)(a) to
Abolition of Titles [Article 18]: Four provisions are as (g) however Article 19(1)(f) i.e. Right to acquire Property
follows was abolished and now become legal right. Six rights are:

• It prohibits state from conferring any title except a (a) Right to freedom of speech & expression.
military or academic.
(b) Right to assemble peacefully & without arms.
• Prohibits a citizen of India from accepting any title from
any foreign state. (c) Right to form associations or unions or co-operative
societies.
• No foreigner working under state can receive any title [Added by 97th Amd. Act, 2011]
from any foreign state without consent of President of
India. (d) Right to move freely throughout the territory of India.

• Bharat Ratna, Padma Vibhushan, Padma Shri such awards (e) Right to reside & settle in any part of the territory of
do not amount to “titles” as theory of equality does not India.
mandate that merit should not be recognised.
(f) Right to acquire Property [Abolished by 44th Amd. Act,
BHARAT RATNA & PADMA AWARDS 1978]

• Bharat Ratna and Padma Awards are not conferred as (g) Right to practice any profession or to carry on any
titles under Article 18(1). occupation, trade or business.

• They are civilian honours recognising exceptional service → Right to Freedom of Speech & Expression: [V. Imp.***
to the nation in fields like arts, literature, sports and public alongwith Sedition ‘66A’ of I.T. Act]
service.
• Every citizen has the right to express his views, opinions,
• Supreme Court clarified that these awards do not violate belief & convictions freely by word of mouth, writing,
Article 18 because they are not titles. printing, picturing or in any other manner.

• Recipients cannot use these awards as prefixes or suffixes • Reasonable restrictions on ground of Sovereignty &
to their names. integrity of India, Security of State, friendly relations with
foreign states, public order, decency or morality, contempt
of court, defamation, incitement to an offence.
9
→ Freedom of Assembly: It includes right to hold public → No self-incrimination: No person accused of any offence
meetings, demonstrations & take out processions. shall be compelled to be witness against himself.

• The right does not include the right to strike. • It extends only to criminal proceeding & not to civil
proceedings.
• Restrictions on ground of public order and sovereignty &
integrity of India including the maintenance of traffic in the → Protection of Life & Personal Liberty [Article 21]: [V.
area concerned. Imp***]

→ Freedom of Association: It includes the right to form No person shall be deprived of his life or personal liberty
political parties, clubs, companies, partnership firms, except according to procedure established by law.
societies, trade unions or any body of persons.
• In case of ‘Menaka (1978)’ SC held that the protection
• Reasonable restriction on grounds of public order, under Art. 21 should be available not only against arbitrary
morality and sovereignty & integrity of India. executive action but also against arbitrary legislative action.

• SC held that the trade unions have no guaranteed right to • The court held that ‘Right to life’ as embodied in Art. 21 is
effective bargaining or right to strike or declare lock-out. not merely to confined to animal existence or survival but it
includes within its ambit the right to live with human
→ Freedom of Movement and Freedom of Residence: dignity & all those aspects of life which go to make a man’s
life meaningful, complete & worth living.
• Restriction on the grounds of interests of general public &
interest of any scheduled tribe. • Following rights included in Article 21 –

• Free movement have two dimensions (Internal - inside • Right to Health [** V. Imp.] → Recently in News
the country & External - Move outside country & come back • Right to Shelter [** V. Imp.]
to country), first dimension is covered under Article 19, • Right to Privacy
second under Article 21. • Right to decent environment
• Right to livelihood
→ Freedom of Profession etc.: • Right to Information [* Imp.]

• Restriction on right in interest of general public. → Right to Education [Article 21A]:

• Prescribe professional or technical qualification • The State shall provide free & compulsory education to all
necessary. children of the age of 6-14 years in such a manner as the
State may determine.
• It does not include right to carry on a profession or
business that immoral or dangerous. • It made elementary education fundamental Right.

→ Protection in respect of Conviction for Offences: Art. 20 • Added by 86th Const. Amendment Act, 2002.
grants protection against arbitrary & excessive punishment
to an accused person, whether citizen or foreigner or legal • Before this amendment, Constitution contained a
person. It contains three provisions – provision for free & compulsory education for children
under Article 45 of Part IV. However, it was not enforceable
→ No ex-post-facto law: It means retrospective criminal by the courts.
legislation. Under this rule no person can be punished with
retrospective effect. • In pursuance of Article 21A, Parliament enacted the Right
to Children to Free & Compulsory Education Act, 2009.
• This limitation is imposed only on criminal cases not civil
laws or tax laws. → Protection against Arrest & Detention [Article 22]:

• Immunity cannot be claimed in case of preventive Ordinary Arrest

detention.
• Right to be informed of the grounds of arrest.
→ No Double Jeopardy: No person shall be prosecuted &
punished for the same offence more than once. • Right to consult & be defended by a legal practitioner.

• It is available only in proceedings before court of law or a • Right to be produced before a magistrate within 24 hours
Judicial Tribunal. (excluding journey time)
10
• Right to be released after 24 hours unless the magistrate → Right to Freedom of Religion [Article 25-28]:
authorises further detention.
→ Freedom of Conscience & Free Profession, Practice &
• Not available to an alien or person arrested under Propagation of Religion [Article 25]: [V. Imp*** Related to
preventive detention. Ghar Wapsi]

Preventive Detention • The implication of right is –

• Detention can’t exceed 3 months unless an advisory • Freedom of Conscience

board reports sufficient cause for extended detention. • Right to profess
• Right to practice
• Grounds of detention should be communicated to the • Right to propagate
detenue.
• Subject to public order, morality, health & other
• Detenue should be afforded an opportunity to make a provisions relating to Fund. Rights. Further, the State is
representation against the detention orders. permitted to –

→ Right Against Exploitation [Article 23-24] • Regulate or restrict any economic, financial, political or
other secular activity associated with religious practice; and
→ Prohibition of Traffic in Human Being & Forced Labour • Provide for social welfare & reform or throw open Hindu
[Article 23]: religious institutions of a public character to all classes &
sections of Hindus.
• This right available to both citizens & non-citizens against
the State as well as against private persons. → Freedom to Manage Religious Affairs [Article 26]: Every
religion denomination or any of its sections shall have
following rights –
• ‘Traffic in human beings’ include –

• Right to establish & maintain institutions for religious &

• Selling & buying of men, women & children like goods;
charitable purposes.
• Immoral traffic & children, including prostitution.
• Devadasis
• Slavery • Right to manage its own affairs in matters of religion.

• This Article prohibits ‘forced labour’, forced labour • To own & acquire movable & immovable property.
includes –
• Manage such property in accordance with law.
• Compelling a person to work against his will.
• No remuneration for work done. → Freedom for Taxation for Promotion of a Religion
• Remuneration less than minimum wages prescribed by [Article 27]: No person shall be compelled to pay any taxes
the govt. for the promotion or maintenance of any particular religion
• Bonded Labour System (Abolition) Act, 1976, The or religious denomination. This provision prohibits State
Minimum Wages Act, 1948, Contract Labour Act, 1970 are from favouring, patronising & supporting one religion over
action taken by govt. to prohibit forced labour. other. This provision prohibits only levy of tax & not a fee.

• Article 23 exempts State to impose compulsory service for → Freedom from Attending Religious Institution [Article
public services. 28]: According to Article 28, educational institutions are
classified into four categories:
→ Prohibition of Employment of Children in Factories etc.
[Article 24]: (i) Institutions wholly maintained by the State.

• It prohibits the employment of children below the age of (ii) Institutions recognized by the State.
14 years in any factory, mine or other hazardous activities.
(iii) Institutions receiving aid from State.
• It does not prohibit their employment in any harmless
work. However, Modi Government puts total ban on child (iv) Administered by State established under any
labour. endowment or trust.

• In (i) religious instruction is completely prohibited, while

in (ii) & (iii) religious instruction is permitted on voluntary
basis. In (iv) religious instruction is permitted.
11
→ Cultural & Educational Rights [Article 29 & 30] • Certiorari: It means ‘to be certified’ or ‘to be informed’. It
is issued by higher court to a lower court or tribunal either
→ Protecting of Interests of Minorities [Article 29]: to transfer a case pending or squash the orders of lower
courts. It is issued on the grounds of lack of jurisdiction or
• Any section of citizens residing in any part of India, having excess of jurisdiction.
a distinct language, script or culture of its own, shall have
right to conserve the same. • Quo-Warranto: Literally means ‘what is your authority’. It
is issued by court to enquire into the legality of claim of a
• No citizen shall be denied admission into any edu. person to a public office. Writ can be issued only in case of
institution maintained by State on grounds of religion, race, substantive public offices not against ministerial or private
caste or language. office.

• It protects both religious as well as linguistic minorities. → Article 33: According to this Article Parliament is
empowered to restrict & modify F.R. of certain categories
of armed forces.
→ Right of Minorities to Establish & Administer Edu.
Institutions [Article 30]: All minorities shall have this right.
The compensation amt. fixed by State for compulsory → Article 34: This Article empowers Parliament to
acquisition of any property of a minority edu. institution indemnify a person or restrict his F.R. in case of Martial law
shall not restrict the right guaranteed to them. In granting is declared in any part of territory of India.
aid, the State shall not discriminate against any edu.
institution managed by minority. → Article 35: According to this Article it is power of the
Parliament & not State Legislature to implement F.R by
→ Right to Constitutional Remedies [Article 32]: making laws.

→ SC has ruled that Art. 32 is a basic feature of → Rights outside Part III:
Constitution. It contains following four provisions:
• No tax shall be levied or collected except by authority of
• Right to move to SC by appropriate way for enforcement law [Article 265 Part XII].
of F.R.
• Right to Property [Article 300-A, Part XII]
• SC shall have power to issue directions or writs for
enforcement of any of the F.R. • Trade, commerce & intercourse throughout the territory
of India shall be free [Article 301 Part XIII]
• Parliament can empower any court to issue directions,
orders & writs of all kinds. → Directive Principles of State Policy
[Part-IV, Article 36-51]
• Right to move to SC shall not be suspended except as
otherwise provided by the Constitution. → Article 36: Definition of State. Same as Part-III.

→ Types of Writs – → Article 37: Directive Principles are non-justiciable but

fundamental in the governance of Country.
• Habeas Corpus: It means “to have the body,” means to be
produced before the court physically or bodily. This writ → Article 38: Duty of the State to secure welfare of the
issued to protect personal liberty of individual as give in Art. People. Minimise inequalities in income, status, facilities &
21 from illegal detention. This writ is issued against the opportunities.
State as well as private individual.
→ Article 39: The State shall direct its policy to secure –
• Mandamus: It literally means “we command.” This writ is
issued against Public Official, public body, corporation, • Right to adequate means of livelihood for all citizens.
inferior court, tribunal or government asking them to
perform their official duties. However it cannot be issued • Equitable distribution of resources of the community for
against Private Individual or body, President and Governor, the common good.
Chief Justice of High Court.
• Prevention of concentration of wealth & means of prod’n
• Prohibition: It means ‘to forbid’. It is issued by higher
court to lower court or tribunal to prohibit subordinate • Equal pay for equal work for men & women.
courts from initiating or continuing proceeding in any
particular case. Not available against administrative
• Reservation of Health & strength of workers against
authorities, legislative bodies & private individuals.
abuse.
12
• Opportunity for healthy development of children. • Foster respect for International law & treaty obligation.

→ Article 39A: Equal Justice & free legal aid to the poor. • Encourage settlement of Int. disputes through arbitration.
[*** Added by 42nd Amd. Act, 1976]
Socialist Principles in DPSP: Article 38, 39, 39A, 41, 42, 43A,
→ Article 40: Organisation of Village panchayats to function 45.
as units of self-government.
Gandhian Principles in DPSP: Article 40, 43, 45, 46, 47, 48
→ Article 41: Right to Work, to education and to public
assistance in case of unemployment, sickness & Western Liberal Principles: Article 44, 45, 49, 50, 51
disablement.
→ DPSP outside Part IV:
→ Article 42: Provisions for just & humane conditions for
work & maternity relief. • Claims of SC’s & ST’s to services [Article 335]

→ Article 43: Promote cottage industries on an individual • Instruction is mother tongue [Article 350-A]
or co-operation in rural areas.
• Development of Hindi language [Article 351]
→ Article 43A: Participation of workers in the management
of industry.
PART – IVA [Article 51A]
[Added by 42nd Amd. Act, 1976]
→ Original Constitution doesn’t contain Fundamental
→ Article 43B: Organisation of Co-operative Society.
Duties. They are incorporated in our Constitution on
[Added by 97th Amd. Act, 2011]
recommendation of Swaran Singh Committee Report by
42nd Const. Amd. Act, 1976.
→ Article 44: Uniform Civil code for citizens throughout the
country.
→ In starting 10 duties (a-j), later in 2002 11th duty was
added.
→ Article 45: Provide early childhood care & education for
all children below the age of 6 years. [Earlier it was 6-14
→ Fundamental Duties:
years, amended by 86th Amd. Act, 2002]
(a) Abide by Const. & respect its ideals, National Flag &
→ Article 46: Promotion of educational & economic
Anthem.
interest of SC’s, ST’s & other weaker section of the society.
(b) To cherish & follow the noble ideals that inspired
→ Article 47: Raise level of nutrition & standard of living &
national struggle for freedom.
to improve public health, prohibition of consumption
intoxicating drinks & drugs.
(c) To uphold & protect sovereignty, unity & integrity of
India.
→ Article 48: Organisation of agriculture & animal
husbandry, prohibition of slaughter of cows, calves & other
milch & draught cattle. (d) To defend the country & render national service.

→ Article 48A: Protection & improvement of environment (e) To promote harmony & spirit of common brotherhood.
& safeguarding of forest & wild life. [Added by 42nd Amd.
Act, 1976] (f) To value & preserve the rich heritage of Country’s
Culture.
→ Article 49: Protection of monuments, palaces & objects
of national importance. (g) To protect & improve the natural environment.

→ Article 50: Separation of Judiciary from executive in (h) To develop scientific temper, humanism & spirit of
public services of the State. enquiry & reform.

→ Article 51: Promotion of International Peace & Security – (i) To safeguard public properties & to abjure violence.

• Promote international peace & security. (j) To strive towards excellence in all spheres.

• Maintain just & honourable relations b/w nations. (k) To provide opportunity for education to his child or
ward b/w age of 6-14 years. [Added by 86th C.A. Act, 2002].

13
→ They are non-justiciable in nature. → Amendment by simple majority includes –

→ They refer to such values which have been a part of the • Admission or establishment of new states.
Indian Tradition, mythology, religion & practices. They
essentially contain just a codification of tasks integral to the • Formation of new states
Indian way of life.
• Citizenship – Acquisition & termination.
Amendment of Constitution
• Salaries & allowances of MP’s
→ Procedure for Amendment : [Article 368]
and so on.
• Can be introduced in either house of Parliament and not
in State legislatures. No need of prior permission of → Amendment by Special Majority includes –
President.
• Amendment in fund. Rights
• Can be introduced by a minister, or by a private member.
• Amendment in DPSP.
• The bill must be passed in each house by a Special
Majority i.e. More than 50% of total membership of House
→ Amendment by Special Majority + Ratification [Note]
& majority of 2/3 of members present & voting.
• Election of President & its manner.
• Each house must pass the bill. No provision of Joint
sitting.
• SC & HC
• If bill seeks to amend federal provisions [Note] of Const. it
• Distribution of legislative power b/w Union & States.
must also be ratified by the legislatures of half of states by
a simple majority i.e. members present & voting.
• Representation of states in parliament
• After duly passed by Both houses & ratified by State
legislatures, the bill is presented to the President for assent. • Any of the list in 7th Schedule.

• President must give his assent. He can neither withhold • Power of Parliament to amend the Constitution & its
his assent nor return the bill for reconsideration. procedure (Art. 368 itself)

• The bill must be passed in each house by a Special PARLIAMENTARY SYSTEM

Majority. [Majority of the total members of the house + 2/3
of the members present & voting] → Constitution of India provides for Parliamentary form of
govt., both at Centre & State. [Article 74 & 75 with
• There is no provision of Joint Sitting for the passage of the parliamentary system at Centre and Article 163 & 164 in
bill. States.]

• If the bill seeks to amend the federal provisions [Note] of → Parliamentary Govt. is one in which executive is
the Constitution, it must also be ratified by the legislature responsible to the legislature for its policies & acts.
of half of the states by a simple majority.
→ The Presidential system of Govt., in which the executive
• After duly passed by both the houses & ratified by the is not responsible to legislature for its policies & acts.
State legislature, bill is presented to president for assent.
→ Parliamentary Govt. also known as “Responsible Govt.”,
• President must give his assent. He can neither withhold “Cabinet System”
this assent nor return the bill for reconsideration.
Responsible Govt. → As cabinet is accountable to
→ Types of Amendment of Constitution: Parliament & stays in office so long as it enjoys confidence.

• Amendment by Simple majority of the Parliament. Cabinet System → Because Cabinet is nucleus of power in
Par. System.
• Amendment by Special majority
→ Features of Parliamentary Government:
• Amendment by Special majority & ratification of half of
the State Legislatures.
14
→ Nominal & Real Executive: President is nominal • Dual Government i.e. Union at Centre & States at
Executive & PM is real executive. PM is head of periphery.
Government & President head of State.
• Written Constitution
→ Majority Party Rule: President appoints leader of
majority winning party as PM. When no single party gets • Division of powers b/w Centre & States i.e. Union List,
majority, a coalition of parties may be invited by President, State List & Concurrent List.
to form the Govt.
• Supremacy of Constitution i.e. Constitution is supreme or
→ Collective Responsibility: Ministers are collectively highest law.
responsible to the Parliament in general & LS in particular
(Article 75). • Rigid Constitution i.e. cannot be amended easily.

→ Political Homogeneity: Members are of same party in • Independent Judiciary.

Council of Ministers, hence they share same ideology.
• Bicameralism i.e. Upper House & Lower House. Upper
→ Double Membership: Minister & member of Parliament. House represents the States & Lower House represents the
To become minister need to be member. people of India as a whole.

→ Leadership of Prime Minister: He is leader of Council of → Unitary features of the Constitution:

Min’s, leader of Parliament & leader of party in power.
• Single Citizenship
→ Dissolution of Lower House: President can dissolve the
Parliament on recommendation of PM.
• Single Constitution for both Union & States

→ Reasons for Adopting Parliamentary System:

• Strong Centre:

• Familiarity with the System

• More subjects in Union list
• More important subject included in Union list
• Preference to more responsibility
• Residuary power left with centre.

• Need to avoid legislative-executive conflicts

• Flexible Constitution

• Nature of Indian Society. • Emergency Provisions

Merits
• Integrated Judiciary

• Harmony b/w legislature & Executive

• Appointment of Governor by Centre.

• Responsible Government
• Power of Parliament to create All India Services.

• Prevents despotism (तानाशाह&) • Parliament power to make laws on State-list subject.

[Article 249, 252, 253, 352 & 356]
• Wide Representation
Emergency Provisions
Demerits Part - XVIII
Article 352 - 360
• Unstable Government
→ Rationale behind the incorporation of these provisions in
• No continuity of policies Constitution is to safeguard the Sovereignty, Unity, Integrity
& Security of the Country.
• Against separation of powers.

• Govt. by amateurs.

Federal System

→ Federal features of the Constitution:

15
National Emergency (Article 352): • Executive – During national emergency, the Centre
become entitled to give executive directions to state on
→ Grounds of Declaration: “any” matter.

• President can declare a national emergency due to • Legislative – During emerg. the Parliament becomes
external aggression, war or armed rebellion. [Added by empowered to make laws on any subject mentioned in
44th Amd. Act, 1978] State list. However, legislative power of State legislature is
not suspended. The laws made by Parliament on state
• National emergency declared on the ground of war or subjects during N.E. become inoperative six (6) months
external aggression, it is called external emergency. after emergency ceased to operate.

• When declared on ground of armed rebellion, it is known • Financial – President can modify constitutional
as internal emergency. distribution of revenue b/w Centre & States. Such
modification continues till end of the FY in which the
emergency ceases to operate.
• Proclamation of national emergency may be applicable to
entire country or only a part of it. [42nd Amd. Act, 1976]
(ii) Effect on life of LS & State Assembly
• President can proclaim a national emergency only after
receiving a written recommendation from cabinet. • Life of LS may be extended beyond 5 years by a law of
Parliament for one year at a time (for any length of time).
• As per Minerva Mills case (1980), proclamation of
National emergency can be challenged in court on the • This extension cannot continue beyond a period of six
ground of malafide or that the declaration was based on months after emergency ceased to operate.
irrelevant facts.
• Same provision for State assembly i.e. 1 year & 6 months
• Proclamation of Emergency must be approved by both after cessation.
the houses of Parliament within one month from date of
issue. (iii) Effect on Fundamental Rights

• If proclamation is issued at time of dissolution of LS or • Suspension of Fundamental Rights under Article 19

dissolution takes place during period of 1 month, then the (Article 358)
proclamation survives until 30 days from the first sitting of
LS after its reconstitution provided RS has in the meantime • Suspension of Other Fundamental Rights except Art. 20 &
approved it. 21 [Article 359]

• If approved by both the house the emergency continues • Article 358 suspends F.R. under Article 19 only in
for six months, and can extended to an indefinite period case of war & external aggression not on ground of
with approval of Parliament for every six months. armed rebellion.
• Under 359, F.R. are not suspended only
• Resolution approving proclamation must be passed by enforcement suspended. Not all rights but only
either House by a special majority i.e. Majority of Total those which are mentioned in the proclamation
Membership and 2/3 of members present & voting. order for period mentioned in order.

→ Revocation of Proclamation: President Rule (Article 356):

• It may be revoked by President at any time by a → It is also known as “State Emergency” or “Constitutional
subsequent proclamation. Emergency”.

• If 1/10th of members of the LS given a written notice to → President rule can be proclaimed under Article 356 on
the Speaker (or President if House not in Session), a special two grounds:
sitting of House should be held within 14 days for the
purpose of considering a resolution disapproving • Article 356 empowers President to issue proclamation, if
proclamation. It needs simple majority. he satisfied that a situation has arisen in which State Govt.
cannot be carried in accordance with provisions of the
→ Effect of National Emergency: Constitution. [With or without Governor Report]

(i) Effect on Centre-State Relation • Article 365 says that whenever a State fails to comply
with or to give effect to any directions of Centre, it will be

16
lawful for the President to hold the situation has arisen for → Proclamation must be approved by both the houses
President rule. within 2 months.

→ Proclamation must be approved by the both house → There is no maximum period prescribed for its operation.
within 2 months from date of its issue.
→ Repeated parliamentary approval is not required for its
→ If approved by both the houses, President rules continuation.
continues for 6 months. It can be extended for a maximum
period of 3 years. → Resolution approving proclamation can be passed by
either house by a simple majority.
→ Approval passed by simple majority.
→ Proclamation can be revoked by President any time.
→ Beyond one year, President rule can be extended by 6
months at a time only when the following two conditions → It is subject to Judicial Review.
are fulfilled:
President
• Proclamation of National Emergency should be in
operation in the whole of India or whole or any part of → Union executive consists of President, Vice President,
State; and Prime Minister, Council of ministers & AGI.

• General elections of L.A. cannot be held on account of → President is head of Indian State/Union executive.
difficulties.
Election of President:
→ A proclamation of President Rule may be revoked by
President anytime.
• According to the Constitution the President of India is
elected by an electoral college through proportional
→ Consequences of President’s Rule representation by means of single transferable vote.

• President can take up the functions of the State govt. and • Electoral college consists of elected members of the both
powers vested in governor. the houses of Parliament + elected members of the
legislative assemblies of the States + elected members of
• President can declare that the powers of State Legislature legislative assemblies of UT of Delhi & Puducherry.
are to be exercised by the Parliament.
• Since the President represents the entire nation, in this
• He can take all other necessary steps including the election, in order to maintain a balance b/w the Centre &
suspension of the Const. prov. relating to any body or the State within Indian Federal System, Value of Vote is
authority in State. calculated as following:

• President can promulgate, when Parliament is not in Value of Vote of MLA =

session, ordinances for governance of State. Total Population / Total no. of elected members in the
State Legislative assembly × 1/1000
• Parliament can delegate the power to make law for state
to President or any other authority specified by him. Value of Vote of MP =
Total Value of Votes of all MLA’s of all states / Total no. of
→ Law made by Parliament or president or any other elected members of Parliament
specified authority continues to be operative even after
President Rule. This means that the period for such which • In election of President, to win a candidate has to get the
such law remains is not co-terminous with duration of vote at least upto the Quota, which is calculated as:
proclamation. But it can be repealed or altered or re-
enacted by the State legislature. Quota =
(Total no. of Valid Votes polled / No. of Post + 1) + 1
→ President Proclamation imposing President’s Rule is
subject to Judicial Review. Qualification:

Financial Emergency (Article 360): • He must be citizen of India.

→ Art. 360 empowers President to proclaim Fin. Emergency • He must have completed 35 years of age.
if he is satisfied that situation has arisen due to which
financial stability or credit of India is threatened.
• He must have qualification to become member of LS.
17
• He must not hold any office of profit. • These charges must be signed by not less than 1/4 of the
total members of the house.
→ Nomination of a candidate for election of President must
be subscribed by at least 50 electors & 50 as seconders. • 14 days prior notice must be given to President before
Every candidate has to make security deposit of ₹15000 in initiating.
RBI. Security deposit liable to forfeited in case candidate
fails to secure 1/6 of votes polled. • After the resolution is passed by majority of 2/3 of total
members of that, it is sent to the other house, which
→ The oath of President is administered by the CJI & in his investigates the charges.
absence, the seniormost judge of SC available.
• If other house also sustains charges & pass resolution by
Conditions of President’s Office: 2/3 of majority, the President stands removed.

• He should not be a member of either of House of • Nominated members of both the houses of Parliament
Parliament or a house of State legislature. take participation in impeachment.

• He should not hold any office of profit. • Elected members + Nominated members of State
legislature do not participate.
• President is entitled to a number of privileges &
immunities. Powers & Functions:

• He enjoys personal immunity from legal liability for Executive Powers

his official acts.
• During his term of office, there is immune from • All executive action of Govt. are formally taken in his
any criminal proceeding, even respect of personal name.
acts.
• He cannot be arrested or imprisoned. • He appoints PM & other ministers.
• However after giving 2 months notice, civil
proceeding can be instituted against him. • He appoints AGI, CAG, Chief Election Commissioner,
Chairman & members of UPSC, governors of State &
chairman & members of Finance Commission.

Vacancy in Office of President: • He can seek any information relating to adm. of affairs &
proposals for legislation from PM.
• On the expiry of his tenure of 5 years.
• He can appoint a commission to investigate into the
• By his resignation. conditions of SC’s, ST’s & other backward classes.

• By his death. • He can appoint an inter-state council to promote Centre-

State & inter-state cooperation.
• On his removal by the process of impeachment.
• He directly administers the UT through administrators
• If office vacant by resignation, death or removal, then appointed by him.
election to fill vacancy must be held within 6 months.
• He can declare any area as scheduled area & has powers
• In case of vacancy, VP acts as president & in absence of with respect to the adm. of scheduled area & tribal areas.
VP, CJI or senior most judge act as president.
Legislative Powers
Impeachment:
• He can summon or prorogue the Parliament & dissolve
• President can be removed from office by a process of the LS.
impeachment for “Violation of Constitution”.
• He can also summon joint sitting of both the houses.
• An impeachment is “quasi-judicial” procedure in the
Parliament. • Some of bill requires prior permission of President for
intro. in the Parliament – Money Bill, Bill for creation of
• The impeachment charges can be initiated by either new States.
House of Parliament.
• He can nominate 12 members to RS
18
• He can address the Parliament at commencement of first Financial Powers
session after each general election & first session of each
year. • Money bill can be introduced in the Parliament only with
his prior recommendation.
• He can promulgate ordinances when Parliament not in
session. • He causes to be laid before the Parliament the annual
financial statements i.e. Union Budget.
• He lays the report of CAG, UPSC, FC & Budget before the
Parliament. • He can make advances out the contingency fund of India
to meet any unforeseen expenditure.
Diplomatic Powers
• He constitutes a finance commission after every 5 years.
• International treaties & agreements are negotiated &
concluded on behalf of President. However, they are • No demand for grant can be made except on his
subject to the approval of the Parliament. recommendation.

Military Powers Ordinance Making Power (Article 123) – (Recently in

News)
• He is the supreme commander of the defence forces of
India. He appoints the chiefs of the Army, the Navy & the • This article empowers the President to promulgate
Air force. He can declare war or conclude peace, subject to ordinances during the recess of Parliament.
approval of the Parliament.
• He can promulgate ordinances only when both the
Emergency Powers Houses of Parliament are not in session or when either
house of Parliament is not in session.
• Already discussed in Chapter 16. Article 352-360.
• He can make ordinance only when he is satisfied that the
Judicial Powers circumstances exist that render it necessary for him take
immediate action.
• He can grant pardon, reprieve, respite & remission of
punishment or commute the sentence of any person, if it is • An ordinance can be issued only on those subjects on
given by/under: which Parliament can make law.

• A court martial; • An ordinance is subject to same constitutional limitation

as an act of Parliament.
• For an offence against a Union law.
• The ordinance ceases to operate on the expiry of 6 weeks
• Death sentence. from the reassembly of Parliament.

Pardon: It means to set the offender free from sentence & • President can withdraw ordinance at any time on the
the conviction or absolves him completely. advice of council of ministers headed by PM.

Commutation: It means substitution of one form of Veto Power

punishment for a lighter form. For ex. Death sentence to
life time imprisonment. → When a bill is presented to the President for his assent,
he has three alternatives (Article 111):
Remission: It implies reducing the period of sentence
without changing its character. For ex. 10 years (i) Give his assent to the bill, or
imprisonment can be remitted to 5 years.
(ii) Withhold his assent to the bill, or
Respite: It means awarding a lesser punishment in place of
originally awarded due to special facts. For ex. physical (iii) He may return the bill (Except Money Bill & Const. Amd.
disable or pregnant women. Bill) for reconsideration of Parliament.

Reprieve: It means temporary suspension of sentence → The object of conferring this power on President is two-
especially death sentence. fold:

(i) To prevent hasty & ill-considered legislation by the

Parliament;
19
(ii) To prevent a legislation which may be unconstitutional. Chairman of RS is the president & the Speaker is the Co-
president.
Absolute Veto
• The Deputy Chairman, Deputy Speaker of LS, the
If a bill is rejected by the President which is passed by the concerned Ministers & the Chairman of Departmentally
Parliament, it is called absolute veto. In this case there is Related Standing Committees are the ex-officio Vice-
death of bill. However, President can exercise absolute veto presidents of respective forums.
only on following types of bills:
• Maximum 31 members (excluding President & ex-officio
(i) A private members bill VP) out of which 21 from LS & 10 from RS.

(ii) With respect to the govt. bills when cabinet resigns. Vice-President

(iii) State bill reserved by Governor for consideration of the [Article 63 - 71]
President.
→ He is elected by the members of an electoral college
Suspensive Veto consisting of the members of both houses of Parliament.

President exercise this veto when he returns a bill for • Includes both elected & nominated members of
reconsideration of Parliament to the originating house Parliament.
once. This is called Suspensive Veto. However, if the bill is
passed again by the Parliament with or without • Does not include members of State legislature.
amendment & again presented to the President, it is
obligatory for President to give his assent to the bill. (Not in • Elected by system of proportional representation by
case of money bill & Const. Amd. Bill.) means of single transferable vote & voting is by secret
ballot.
Pocket Veto
Qualifications:
In this case, the President neither ratifies nor rejects nor
return the bill, but simple keeps the bill pending for a • He should be citizen of India.
indefinite period. This power of President not to take any
action (either positive or negative) is called Pocket Veto. • He should have completed 35 years of age.
(No Pocket Veto in respect of Constitutional Amendment
Bill.)
• He should have qualification to become member of Rajya
Sabha.
Parliamentary Forums
• He should not hold any office of profit.
→ The first Parliamentary Forum on Water Conservation &
Management was constituted in the Year 2005.
→ The nomination of a candidate for election to office of
VP must be subscribed by at least 20 electors as proposers
→ At present, there are six Parliamentary Forums: & 20 electors as seconders. Every candidate has to make
security deposit of ₹15000 in RBI.
• Forum on Water Conservation & Management
→ Oath of VP is administered by the President or some
• Forum of Youth (2006) person appointed in that behalf by him.

• Forum on Children (2006) → He should not be a member of either house of

Parliament or a house of the State legislature.
• Forum on Population & Public Health (2006)
Term of Office:
• Forum on Global Warming & Climate Change (2008)
• VP holds office for a term of five years from date on
• Forum on Disaster Mgt. (2011) which he enters upon his office.

Composition of the Forums: • He can be removed by a resolution of Rajya Sabha by an

absolute majority (i.e. Majority of Actual Total Strength of
• Speaker of Lok Sabha is president of all the forums except House) & agreed by the LS (i.e. simple majority).
the forum on Population & Public Health wherein the

20
• No such resolution can be moved unless atleast 14 days • When no party has a clear majority in LS, then the
advance notice has been given. President may exercise his personal discretion in selection
& appointment.
• He may be elected for any number of terms.
• In such situation, President usually appoints leader of
Vacancy in Office of VP: largest party or coalition in the LS as the PM & ask him to
seek Vote of Confidence in the House within a month.
• On the expiry of his tenure of 5 years.
• There is also one more situation when President may
• By his resignation. have to exercise his judgement in selection & appointment
of PM, i.e. when PM dies suddenly & there is no obvious
successor.
• On his removal.

• However, if on the death of an incumbent PM, the ruling

• By his death.
party elects a new leader, the President has no choice but
to appoint him as PM.
• Declared disqualified by SC.
• A person who is not a member of either house of
→ All doubts & disputes in connection with election of the
Parliament can be appointed as PM for 6 months, within
VP are inquired into & decided by the SC whose decision is
which, he should become a member of either house of
final.
Parliament.

Powers & Functions: • PM may be a member of any of the two houses of the
Parliament.
• He acts as ex-officio Chairman of Rajya Sabha. In this
capacity, powers & functions are similar to those of the
• Term of PM is not fixed & he holds office during the
Speaker of LS.
pleasure of the President. So long as the PM enjoys the
majority support in the LS, he cannot be dismissed by the
• He acts as President when a vacancy occurs in office of President.
President due to his resignation, removal, death or
otherwise. Functions of PM:

• He can act as President only for a maximum period of 6 • He recommends person who can be appointed as
months. ministers by the President.

• While acting as President, VP does not perform the duties

• He allocates & reshuffles various portfolios among
of the office of the Chairman of RS.
ministers.

Emoluments: • He can ask a minister to resign or advise President to

dismiss in case of difference of opinion.
• Constitution has not fixed any emoluments for VP in that
capacity. • He presides over the meeting of council of ministers &
influence its decisions.
• He draws his regular salary in his capacity as the ex-officio
Chairman of the RS. • He guides, directs, controls & coordinates activities of all
the ministries.
• When acting as President, he is entitled to salary &
allowances of President.
• In case of resign or death of PM, council of ministers
dissolves automatically.
Prime Minister
• Duty of PM to communicate to President all decisions of
[Article 74, 75, 77 & 78] CoM relating to administration of the affairs of Union.

→ Article 75: It says that the Prime Minister shall be • Furnish information as the President may call.
appointed by the President.
• Advises President with regard to appointment of
• President has to appoint the leader of the majority party important officials like AGI, CAG, Chairman of UPSC etc.
in the LS as PM.

21
• He advises President with regard to summoning & • He can be removed by a resolution of Rajya Sabha by an
proroguing of the sessions of the Parliament. absolute majority (i.e. Majority of Actual Total Strength of
House) & agreed by the LS (i.e. simple majority).
• He announces govt. policies on the floor of the house.
• No such resolution can be moved unless atleast 14 days
Constitutional duties of PM [Article 78]: advance notice has been given.

• To communicate to President all decisions of CoM relating • He may be elected for any number of terms.
to administration & proposals of legislation.
Vacancy in Office of VP:
• Furnish information relating to adm. of the affairs of the
Union & legislation proposals as President may call. • On the expiry of his tenure of 5 years.

• If President so requires, to submit for the consideration of • By his resignation.

the council of min. any matter on which a decision has been
taken by minister but not considered by the council. • On his removal.

Vice-President • By his death.

[Article 63 - 71] • Declared disqualified by SC.

→ He is elected by the members of an electoral college → All doubts & disputes in connection with election of the
consisting of the members of both houses of Parliament. VP are inquired into & decided by the SC whose decision is
final.
• Includes both elected & nominated members of
Parliament. Powers & Functions:

• Does not include members of State legislature. • He acts as ex-officio Chairman of Rajya Sabha. In this
capacity, powers & functions are similar to those of the
• Elected by system of proportional representation by Speaker of LS.
means of single transferable vote & voting is by secret
ballot. • He acts as President when a vacancy occurs in office of
President due to his resignation, removal, death or
Qualifications: otherwise.

• He should be citizen of India. • He can act as President only for a maximum period of 6
months.
• He should have completed 35 years of age.
• While acting as President, VP does not perform the duties
• He should have qualification to become member of Rajya of the office of the Chairman of RS.
Sabha.
Emoluments:
• He should not hold any office of profit.
• Constitution has not fixed any emoluments for VP in that
→ The nomination of a candidate for election to office of capacity.
VP must be subscribed by at least 20 electors as proposers
& 20 electors as seconders. Every candidate has to make • He draws his regular salary in his capacity as the ex-officio
security deposit of ₹15000 in RBI. Chairman of the RS.

→ Oath of VP is administered by the President or some • When acting as President, he is entitled to salary &
person appointed in that behalf by him. allowances of President.

→ He should not be a member of either house of Prime Minister

Parliament or a house of the State legislature.
[Article 74, 75, 77 & 78]
Term of Office:
→ Article 75: It says that the Prime Minister shall be
• VP holds office for a term of five years from date on appointed by the President.
which he enters upon his office.
22
• President has to appoint the leader of the majority party • Advises President with regard to appointment of
in the LS as PM. important officials like AGI, CAG, Chairman of UPSC etc.

• When no party has a clear majority in LS, then the • He advises President with regard to summoning &
President may exercise his personal discretion in selection proroguing of the sessions of the Parliament.
& appointment.
• He announces govt. policies on the floor of the house.
• In such situation, President usually appoints leader of
largest party or coalition in the LS as the PM & ask him to Constitutional duties of PM [Article 78]:
seek Vote of Confidence in the House within a month.
• To communicate to President all decisions of CoM relating
• There is also one more situation when President may to administration & proposals of legislation.
have to exercise his judgement in selection & appointment
of PM, i.e. when PM dies suddenly & there is no obvious • Furnish information relating to adm. of the affairs of the
successor. Union & legislation proposals as President may call.

• However, if on the death of an incumbent PM, the ruling • If President so requires, to submit for the consideration of
party elects a new leader, the President has no choice but the council of min. any matter on which a decision has been
to appoint him as PM. taken by minister but not considered by the council.

• A person who is not a member of either house of Central Council of Ministers

Parliament can be appointed as PM for 6 months, within
which, he should become a member of either house of
→ Article 74 - Council of Ministers to aid & advice President
Parliament.
There shall be a CoM with the PM as the head to aid &
• PM may be a member of any of the two houses of the
advise the President who shall, in the exercise of his
Parliament.
functions, act in accordance with such advice. Advice by
Ministers not be inquired into any court.
• Term of PM is not fixed & he holds office during the
pleasure of the President. So long as the PM enjoys the
→ Article 75 - Other Provisions as to Ministers:
majority support in the LS, he cannot be dismissed by the
President.
• PM shall be appointed by the Pres. & other ministers on
the advice of PM.
Functions of PM:
• The total number of ministers including PM, in CoM shall
• He recommends person who can be appointed as
not exceed 15% of the total strength of LS. [Added by 91st
ministers by the President.
Amd. Act, 2003]

• He allocates & reshuffles various portfolios among

• The CoM shall be collectively responsible to the LS.
ministers.
→ Article 77 - Conduct of Business of the GOI
• He can ask a minister to resign or advise President to
dismiss in case of difference of opinion.
→ Article 78 - Duties of PM [Already discussed]
• He presides over the meeting of council of ministers &
influence its decisions. Responsibility of Ministers

Collective Responsibility
• He guides, directs, controls & coordinates activities of all
the ministries.
• When LS passes a no-confidence motion against the CoM,
• In case of resign or death of PM, council of ministers all the ministers have to resign including members who are
dissolves automatically. from RS.

• CoM can advise the President to dissolve the LS.

• Duty of PM to communicate to President all decisions of
CoM relating to administration of the affairs of Union.
Individual Responsibility
• Furnish information as the President may call.
• In case of difference of opinion or dissatisfaction with the
performance of a minister, the PM can ask him to resign or
advise the President to dismiss him.
23
→ CoM consists of Cabinet Ministers, Ministers of State & Supreme Court
Deputy Ministers.
[Article 124 to 147]
Cabinet Ministers
Organisation of SC:
• Individual ministries such as defence, home, finance,
external. • At present, the SC consists of 38 Judge (1 CJI & 37 other
Judges).
Ministers of State
• Originally, the strength of SC was 8 (1 CJI & 7 other
• Individual Judges)

• Attached to Cabinet ministers Appointment of Judges:

Deputy Ministers • Judges of SC are appointed by the President.

• Attached to Cabinet Ministers or State ministers • CJI is appointed by the President after consultation with
such Judges of the SC & HC as he deems necessary.
Cabinet Committees
• Other judges are appointed after consultation with CJI &
Features of Cabinet Committees: such other judges of SC & HC as he deems necessary.

• They are extra-constitutional, not mentioned in Const. [Consultation with CJI is obligatory in appointment of Judge
other than Chief Justice.]
• Two types - Adhoc & Standing.
Qualification of Judges
• Set up by the PM according to situation.
• He must be citizen of India.
• Membership varies from 3 to 8. Include only cabinet
members however non-cabinet members are not debarred • He should have been Judge of a HC for 5 years
from their membership.
or
Functions of Cabinet Committees:
He should have been advocate of a HC for 10 years
• Political affair Comm. deals with all policy matter
domestic & foreign affairs. [Most Powerful] or

• Economic affair Comm. directs & coordinates the Govt. He should be distinguished jurist in opinion of President.
activities in the economic sphere.
Tenure of Judges:
• Appointments Comm. decides all higher level appoint. like
central Secretariat etc. Constitution has not fixed tenure. However, it makes
following three provisions:
• Parliamentary Affair Comm. looks after the progress of
Govt. business in the Parliament. • He holds office until he attains the age of 65 years.

• First 3 commt. chaired by PM & last one by Home • He can resign his office by writing to the President.
Minister.
• Must read ARC recommendation on Group of • He can be removed from his office by the President on
Ministers [Page No. 21-3] recommendation of the Parliament.

Removal of Judges:

• Grounds for removal - proved misbehaviour or incapacity.

• Removal motion signed by 100 members (in case of LS) or

50 members (in case of RS) is to given to the
Speaker/Chairman.
24
• The Speaker/Chairman may admit the motion or refuse to (iii) b/w two or more states,
admit it.
can be settled only in SC. No other court is allowed to hear
• If it is admitted, Speaker is to constitute a 3-member such cases.
Committee to investigate the charges.
Writ Jurisdiction
• Committee should consist of - (a) CJI or Judge of SC (b) CJ
of HC & (c) distinguished jurist. The SC is empowered to issue writs including habeas
corpus, mandamus, prohibition, quo-warranto & certiorari
• If committee finds the judge to be guilty of misbehaviour for the enforcement of fund. Rights.
or suffering from incapacity, the House can take up the
consideration of the motion. Appellate Jurisdiction

• After the motion is passed by each House of Parliament A person can move to SC against following cases -
by special majority, an address is presented to the
President for removal of the Judge. • Constitutional matters

Acting Chief Justice: • Civil matters

President can appoint a Judge of SC as an acting CJI when: • Criminal matters

• Office of CJI is vacant, or • Special leave

• CJI is temporarily absent, or Advisory Jurisdiction

• CJI is unable to perform the duties of his office. Art. 143 authorises the President to seek opinion of SC in
two categories:
Independence of SC:
• On any question of law or fact of public importance which
• Mode of Appointment has arisen or likely to arise.

• Fixed Service Conditions • On any dispute arising out of pre-constitutional treaty,

agreement, engagement etc.
• Conduct of Judges cannot be discussed
SC may tender or may refuse to tender its opinion to
• Ban on practice after retirement President in first case. But, in second case, the SC must
tender its opinion to the President.
• Power to punish for its contempt
• Court of record - Because whatever decisions it takes in
• Freedom to appoint its staff cases become record & can be cited in other similar cases.

• Separation from executive • Judicial Review - It is power of SC to examine the

constitutionality of the legislative enactments & executive
• Security of tenure order of both the Central & State governments.

• Exp. charged on Consolidated Fund Supreme Court Advocates:

Powers & Jurisdiction of SC: • Senior Advocates - They are designated as Senior
advocates by the SC of India or by any HC. They are not
entitled to appear without an Advocate-on-record in the SC
Original Jurisdiction
or without a junior in any court or tribunal in India.
All the cases of federal nature i.e.
• Advocate-on-Record - Only these advocates are entitled
to file any matter or document before the SC. They can also
(i) any dispute b/w centre & state file an appearance or act for a party in the SC.

(ii) Centre & any state as states on one side and one or
• Other Advocates - They can appear & argue any matter
more states on other, on behalf of a party in SC but they are not entitled to file
any document or matter before the Court.
25
Parliament Qualifications of MP’s:

• Under Constitution, the Parliament of India consists of • He must be a citizen of India.

three parts viz, the President, the Council of States & the
House of the People. • He must take oath & affirmation before person
authorised by EC.
Composition of two Houses
• Must not be less than 30 years of age in case of RS and
Rajya Sabha: not less than 25 years of age in case of LS.

• Maximum strength of RS is fixed at 250, out of which 238 • He must be registered elector for a parliamentary
are the representatives of the States & UT (Only Delhi & constituency, this is same in case of both i.e. RS & LS.
Puducherry) elected indirectly & 12 are nominated by
President. • Candidate contesting election to RS from a particular
State should be an elector in that particular State.
• Presently, strength is 245, out of which 229 represent
States, 4 represents UT & 12 are nominated by President. Disqualifications of MP:

• Members of RS are elected by the members of Legislative As per Constitution

Assembly of the State through proportional representation
by means of single transferable vote. • If he holds any office of profit.

Lok Sabha: • If he is of unsound mind & stands so declared by a court.

• Maximum strength - 550 • If he is an undischarged insolvent.

○ 530 (Represents State)
○ 20 (Represents UT)
• If he is not a citizen of India.

• Present strength - 543

As per Representation of People Act, 1951
○ 530 (Represents State)
○ 13 (Represents UT)
• Must not have been found guilty of certain election
offence or corrupt practices in the elections.
Duration of two Houses
• He must not have been convicted for any offence
Rajya Sabha:
resulting in imprisonment for 2 or more years.

• RS is a permanent house not subject to dissolution.

• Must not have failed to lodge an account of his election
expense within the time.
• 1/3 of its members retire every 2nd years. Their seats are
filled up by fresh elections at beginning of every 3rd year.
• Must not have any interest in govt contracts, works or
services.
• Retiring members are eligible for re-elections & re-
nomination for any no. of times.
• Must not be director or managing agent in a corporation
where the govt. has at least 25% share.
• The Representation of People Act, 1951 provided that the
term of office of a member of RS shall be 6 years.
• Must not have been dismissed from govt. service for
corruption.
Lok Sabha:
On grounds of Defection [Schedule Tenth]
• Its normal term is 5 years from date of its first meeting
after the general elections.
A member incurs disqualification under the defection law:

• The term of LS can be extended during the period of

• If he voluntarily gives up the membership of the political
national emergency for 1 year at a time for any length of
party on whose ticket he is elected to the house.
time. However, extension cannot continue beyond 6
months after the emergency ceases to operate.
• If he votes or abstains from voting in the house contrary
to any direction given by his political party.

26
• If any independently elected member joins any party. ○ If he resigns by writing to the Deputy speaker.

• If any nominated member joins any political party after ○ If he is removed by a resolution passed by a majority of all
the expiry of 6 months. the members of the LS. Such a resolution can be moved
only after giving 14 days advance notice.
• Question of disqualification under Tenth Schedule is
decided by the Chairman in case of RS and Speaker in case • He holds his office even after dissolution of LS till new LS
of LS, decision is subject to Judicial review. constituted. Because he heads the LS Secretariat which
continues to function even after dissolution of LS.
Vacating of Seats
Role, Power & Functions:
Double membership:
The speaker of LS derives his powers & duties from three
• A person cannot be member of both houses of parliament sources i.e. the Constitution, the Rules of Procedure &
at the same time. Conduct of Business of LS and Parliamentary conventions.
Following are some powers & duties:
• If a person is elected to both the houses, he must
intimate within 10 days in which house he desire to serve. • He decides whether a bill is money bill or not & this
By default, his seat of RS becomes vacant. decision is final.

• A person cannot be member of both the Parliament & the • He presides over a joint sitting of the two houses of
State Legislature at same time. If person so elected, his seat Parliament.
in Parliament becomes vacant if he does resign his seat in
State Legislature within 14 days. • He does not vote in first instance. He can only vote in the
case of tie. Such vote is called casting vote.
Disqualification:
• He adjourn the House or suspends the meeting in
• If a member of Parliament becomes subject to any of the absence of a quorum. Minimum quorum is 1/10th of the
disqualification. total strength of house.

Resignation: • He appoints the chairman of all the parliamentary

committees of the LS & supervises their functioning.
• A member may resign his seat by writing to the Chairman
of RS or Speaker of LS. • He acts as the ex-officio chairman of Indian Parliamentary
Group of Inter-Parliamentary Union.
Absence:
• He decides the question of disqualification of member of
• A house can declare the seat of a member vacant if he is LS, arising on the ground of defection. [Schedule Tenth]
absent from all its meetings for a period of 60 days without
its permission. Following provisions ensure the independence &
impartiality of the office of Speaker:
Other case:
• He is provided with a security of tenure. He can be
• Appointed as governor of a State. removed only by a resolution passed by the LS by an
absolute majority. [Majority of Total members (Total-
Vacant)]
• Elected to President or VP.

• The motion of removal can be considered & discussed

• Salary & allowances of MP’s, Speaker of LS, Chairman of
only when it has the support of at least 50 members.
RS are charged on the Consolidated Fund & not subject to
annual vote of Parliament.
• His salaries & allowances are fixed by Parliament &
charged on Consolidated Fund of India.
Speaker of Lok Sabha

• His work & conduct cannot be discussed & criticised in LS.

• Speaker is elected by the LS from among its members.
The date of election of Speaker is fixed by the President.
• His powers of regulating procedure or conducting
business or maintaining order in house are not subject to
• He can vacate his office in following three cases:
Jurisdiction.
○ If he ceases to be member of LS.
27
Deputy Speaker of Lok Sabha • Unlike the Speaker he is not member of the House. But
like Speaker, he can also vote in case of tie only.
• DS is also elected by the LS itself from amongst its
members. • His salary & allowances also charged on Consolidated
Fund of India & not subject to annual vote of Parliament.
• The date of election is fixed by the Speaker.
Deputy Chairman of RS
• Vacate office in same cases as of Speaker except in
writing to Speaker, ceases to be member of LS etc. • He is elected by the RS itself from amongst its members.

• He performs the duties of the Speaker’s office when it is • Vacation of office same as Deputy Speaker of LS. [Same 3
vacant or Speaker is absent. cases ceases to member, resign & removed by resolution]

• He has one special privilege i.e. whenever he is appointed • He can also vote only in case of tie.
as a member of a parliamentary committee, he
automatically becomes its Chairman. • His salary & allowances also charged on the Consolidated
Fund of India.
• Like Speaker he also vote only in case of tie. (While
presiding) Leader of the House

• Entitled to a salary & allowances which charged on the • Under the Rules of LS, the “Leader of the House” means
Consolidated Fund of India. the PM, if he is a member of the LS, or a minister who is
member of LS & is nominated by the PM to function as the
Speaker Pro Tem Leader of the House. Same is the case with Rajya Sabha.

• As provided in Constitution, the Speaker of the last LS Leader of Opposition

vacates this office immediately before the first meeting of
newly-elected Lok Sabha. • In each house of Parliament, there is “Leader of the
Opposition”. The leader of the largest opposition party
• President appoints a member of the LS as the Speaker Pro having not less than 1/10th seats of the total strength of
tem. Usually, the Seniormost is selected for this. the House is recognised as the leader of opposition in that
house. [Case of Congress in latest LS]
• The President himself administers oath to Speaker Pro
tem. Whip

• He has all the powers of the Speaker. • Like above both concepts, this is also not mentioned in
constitution and it is based on the conventions of
• He presides over the first sitting of the newly-elected LS. Parliamentary government.

• His main duty is to administer oath to new members & he • He is appointed by the political party to serve as an
also enables the house to elect new Speaker. assistant floor leader.

• When new Speaker is elected by the house, this office • He is charged with responsibility of ensuring the
ceases to exist. attendance of his party members in large numbers &
securing their support in favour of or against a particular
Chairman of Rajya Sabha issue.

• Presiding officer of the RS is known as the Chairman. Sessions of Parliament

• Vice President of India is the ex-officio Chairman of the Summoning

RS.
• President from time to time summons each house to
• Chairman of RS can be removed from his office only if he meet. But maximum gap b/w 2 sessions cannot be more
is removed from the office of the VP. than 6 months. Usually three sessions in a year:

• The powers & functions are similar to the Speaker of the ○ Budget Session (Feb to May)
LS except 2 cases i.e. deciding whether a bill is money bill or
not and presiding Joint Sitting. ○ Monsoon Session (July to Sep.)

28
○ Winter Session (Nov. to Dec.) of the total number of members in each house including
the presiding officer. [55 in LS & 25 in RS]
• The period spanning b/w the prorogation & its
reassembly of a house is called “Recess”. • All matters at any sitting of either or Joint sitting of both
the Houses are decided by a majority of votes of the
Adjournment members present & voting, excluding the presiding officer.

• It suspends the work in a sitting for a specified time, • Constitution declared Hindi & English to be language for
which may be hour, day or weeks. transacting business in the Parliament. However, the
presiding officer can permit a member to address the
Adjournment Sine Die House in his mother tongue.

• It means terminating a sitting of Parliament for an Rights of Ministers & Attorney General
indefinite period. In simple words, when house adjourned
without naming a day for reassembly. • They can participate or have the right to speak & take
part in the proceedings of either house, any joint sitting of
• Both Adjournment & Adjournment sine die is done by both houses & any committee of Parliament of which he is
Presiding officer of the House. a member.

Prorogation • They are not entitled to vote.

• The presiding officer declares the house adjourned sine • Minister can participate in proceedings of a house, of
die, when the business of a session is completed. Within which he is not a member.
the next few days, the President issues a notification for
prorogation of the session. Devices of Parliamentary Proceedings

Dissolution Question Hour

• Dissolution of LS may take place in two ways: • First hour of every parliamentary sitting is allotted for
this. During this time, members ask question & ministers
(i) Automatic dissolution on the expiry of its tenure of 5 usually give answers. Three types of questions:
years.
○ Starred - It requires oral answer hence supplementary
(ii) When the President decides to dissolve the House. question can follow.

The position of lapsing of bills is as follows: ○ Unstarred - It requires written answer.

• Bill pending in LS lapses (whether originating LS or ○ Short Notice Question - It is that which is asked by giving
transmitted to it by the RS.) a notice of less than 10 days. It is orally answered.

• Bill passed by the LS but pending in RS lapses. Zero Hour

• Bill pending in RS but not passed by the LS does not lapse. • It is an informal device available to the members of the
Parliament to raise matters without any prior notice. It
starts immediately after the Question hour & lasts until the
• Bill passed by both houses but pending assent of the
agenda for day is taken up.
President does not lapse.

Motions
• Bill passed by both houses but returned by President for
reconsideration of the Houses does not lapse.
Closure Motion
• Bill not passed by both two houses due to disagreement
& joint sitting is notified before the dissolution of LS, does • It is a motion moved by a member to cut short the debate
not lapse. on matter before the house. If motion is approved debate is
stopped & the matter is put to vote. Four kinds of closure
motions:
Quorum

• It is the minimum no. of members required to be present

in the house before it can transact any business. It is 1/10th

29
Simple Closure Half an hour Discussion

• It is one when member moves that the matter having • It is meant for discussing a matter of sufficient public
been sufficiently discussed. importance, which has been subjected to a lot of debate &
answer to which needs elucidation on a matter of fact. The
Closure by Compartments speaker can allot 3 days in a week for such discussion.

• Clauses of bills or lengthy resolutions are grouped into Short Duration Discussion
parts before debate.
• Also known as 2 hour discussion as time allotted for such
Kangaroo Closure discussion should not exceed 2 hours. The speaker can allot
2 days in a week.
• Only important clauses are taken up for debate & voting.
Special Mention
Guillotine Closure
• Calling attention notice or under any rule of the house
• It is one when undiscussed clauses of bill are also put to can be raised under Special Mention in RS.
vote along with discussed ones.
Resolutions
Privilege Motion
• Members can move resolutions to draw attention of
• It is moved by a member when he feels that a minister house or govt. to matters of general public interest.
has committed a breach of privilege of the house. Its Classified into three categories:
purpose is to censure the concerned minister.
Private Member’s Resolution
Calling Attention Motion
• It is moved by private members. It is discussed on
• It is introduced in parliament by a minister to call alternate Friday & in the afternoon sitting.
attendance of a minister to a matter of urgent public
importance and to seek an authoritative statement from Government Resolution
him.
• It is one that is moved by a minister. It can be taken up
Adjournment Motion any day from Monday to Thursday.

• It is introduced in the Parliament to draw attention of the Statutory Resolution

house to a definite matter of urgent public importance and
needs the support of 50 members to be admitted. Not • It can be moved either by a private member or minister. It
permitted to RS. is always tabled in pursuance of a provision in the
Constitution.
No Confidence Motion
Legislative Procedure in Parliament:
• Art. 75 says that COM responsible to the LS. It means, the
LS can remove the ministry from the office by passing a no • The legislative procedure is identified in both the
confidence motion which is supported 50 members. houses of Parliament.
• Every bill has to pass through the same stage in
Motion of Thanks each house.
• Bills introduced in the Parliament are of two kinds:
• Address of president put is discussed in both houses on Private Bill & Public Bill.
“Motion of thanks”. At end of the discussion, it put to vote. • Four categories of bills:
The motion must be passed in both house, otherwise, it • Ordinary Bill
amounts to defeat of govt. • Money Bill (Article 110)
• Finance Bills [Article 117]
Point of Order Class I
Class II
• A member can raise a point of order when the • Constitutional Amendment Bill [Already
proceedings of the house do not follow the normal rules of discussed]
procedure. • The Money Bill, Financial & Ordinary Bill under
Article 3 are essentially government bill [Need
President prior recommendation].

30
 • Govt. Bill is introduced in the house by a minister Any bill that exclusively contains matters given in Art. 110
whereas private bill is introduced by any member such as:
of house other than minister.
(i) Imposition, Remission, Abolition, Alteration or regulation
Ordinary Bills: of any tax.

All the bills other than money, financial, Const. Amd. Bills (ii) Regulation of borrowing of money and giving guarantee
are ordinary bills. An ordinary bill can be introduced in by govt. of India.
either house of the Parliament. Prez.’s prior
recommendation is not necessary to introduce it. (except (iii) Custody of consolidated or Contingency fund of India.
Art. 3). Payment made in to it and withdrawal of money from it.

To get ordinary bill passed only simple majority is required (iv) Declaring any expenditure as charged on consolidated
in both the houses. In each house bill has to go through 3 fund of India etc., is a money bill. [Art 266]
stages called as readings.
Whether a bill is money bill or not is certified by Speaker,
1st Reading: It is the introduction stage in which the bill is his decision is final & binding.
introduced by reading it, and a copy is distributed and no
discussion takes place. [Introductory Stage] Money bill can only originate in the Lok Sabha after prior
recommendation of the President. After being passed by
2nd Reading: This is consideration stage in which bill is Lok Sabha, the money bill is transmitted to R.S which has
discussed clause by clause. Amendments to the bill are four options:
proposed. All additions and deletions are made.
[Consideration Stage] (i) Pass the bill in original form
(ii) Reject the bill
3rd Reading: During this stage a brief general discussion on (iii) Take no action for 14 days
final draft of bill takes place and the bill is finally placed for (iv) Send the bill back to Lok Sabha with recommendations
voting.
In case ‘a’ bill is sent to the prez for his assent.
When the bill is passed in one house it is transferred to
other house, where similar procedure is followed. If the bill In case of ‘b’ & ‘c’ the bill is automatically deemed to have
is passed by both the houses, it is sent to the Prez. for his been passed by the R.S.
assent. Prez. may give his assent or may return the bill for
reconsideration by the Parliament once. After In case of ‘d’ Lok Sabha has the sole authority to accept or
reconsideration by both the houses bill is again sent to the reject one or all of the recommendations. In either case bill
Prez.; he can’t withhold his assent to the bill. shall be deemed as passed with/without any
recommendations.
If the bill is passed by one house and rejected by another
house or other house takes no action for 6 months or other There is no provision for joint sitting of Parliament to pass a
house make some amendment to the bill and sent the bill
money bill. Prez. has no right to withhold his assent in
back to the originating house, which doesn’t agree with
money bill. Even prez. can’t send it back to the Parliament
those amendments, there is deadlock over the bill. Then
for reconsideration. Budget is a kind of money bill.
President under Art 108 calls for a joint sitting of the
Parliament to resolve the deadlock. In a joint sitting only a
Financial Bill
simple majority is required to pass the bill.

Under Art 117, any bill dealing with revenue or expenditure

After it the bill is sent to the president and his assent is
but not certified as money bill by the Speaker is called as
mandatory. [Can’t withhold]
financial bill.
• Private Member Bill can be rejected by the
Financial bills are of two classes:
President, but Govt. Bill either assented or sent for
reconsideration once.
• Except Const. Amd. Act all Bills passed by simple a) A bill containing any of the matter specified in Art. 110
majority. but not exclusively dealing with those matters, is called as
financial bill of 1st class.
Money Bill:
Example: A bill containing taxation clause but not
exclusively dealing with taxation.
Money bill is defined in Art 110 of the constitution from (a)
to (g).

31
b) An ordinary bill containing provision involving Joint Sitting of the Parliament (Art 108)
expenditure from consolidated fund of India, is called as
financial bill of 2nd class. It is exactly passed as Ordinary There are two occasions on which the joint sitting of the
Bill. Parliament are convened.

A financial bill is as good as ordinary bill except two things. a) For a special address by the President.

a) Financial bill can’t be introduced without prez’s approval i) At the commencement of the first session after each
[Class I not Class II] general election to Lok Sabha, and at the commencement
of the first session of each year (normally the Budget
b) It can be introduced only in the Lok Sabha. [Class I not Session), the prez. convenes joint sitting of the Parliament
Class II] and informs the Parliament the causes of its summons.
[Priority & Policies of Govt., Introductory] & followed by
Regarding its passage it is as good as ordinary bill. In fact Vote of Thanks.
there can be joint sitting in case of dead lock.
b) For resolving any dead lock over passage of a bill.
Constitutional Amendment Bill
There are three circumstances which lead to a deadlock
Art 368 empowers the Parliament to amend the b/w two houses of Parliament.
Constitution. A Bill for this can be introduced in either
House of the Parliament. And there is no need for prez. i) Other than Money bill or C.A.B., if a bill is passed by one
prior recommendation. A CAB can be govt. Bill / Pvt. house and transmitted to other house and:
Member Bill.
• The bill is rejected by other house.
[No Joint Sitting] The Constitutional Amendment Bill must • For six months, bill is not considered or passed by other
be passed by each house separately with special majority house.
mentioned in Art 368 that is • Other house make some amendment to the bill and send
it back to the originating house, which is not accepted by
A majority of total members of that house and 2/3rd of originating house.
members present & voting.
Budget in Parliament:
The joint sitting of Parliament is not possible to pass such a
bill. If the bill is passed by both the houses and goes for • Constitution refers to the budget as “annual
prez. assent it is obligatory for prez. to give his assent. financial statement”.
• Budget is a estimated receipt & expenditure
Some of the provisions of the Constitution such as power of statement of GOI in a financial year.
the president, his election, etc., can only be amended by a • The budget contains the following:
special majority in the Parliament as well as the support of
not less than half of the total State legislatures. [Simple • Estimates of Revenue & Capital receipts;
Majority by State Legislatures] • Ways & means to raise the Revenue;
• Estimates of expenditure;
Parliament is empowered to amend the Constitution, • Details of actual receipts & exp. of the closing
however these amendments are subjected to basic F.Y. & the reasons for any deficit or surplus;
structure of the Const as said by Supreme Court in K.B case; • Economic & financial policy of the Coming Year.
of state of Kerala case, 1973.
Constitutional Provisions:
In above mentioned three situations the Prez. calls for joint
sitting of the Parliament. This joint sitting is presided over • President shall in respect of every F.Y. cause to be laid
by the Speaker and in his absence the Deputy Speaker; if he before both the House a statement of estimated receipts &
too is absent then the Deputy Chairman of R.S.; if he too is exp. of GOI.
absent, then any Member of Parliament can preside by
consensus of both the houses. • No demand for grant shall be made except on the
recommendation of president.
Only simple majority is required to pass the bill in joint
session. Because of numerical strength of Lok Sabha it has • No money shall be withdrawn from the Consolidated
upper hand in the joint sitting. Prez. can’t withhold his Fund of India except under appropriation made by law.
assent to the bill produced before him after passed by Joint
Sitting.

32
• No money bill imposing tax shall be introduced in the Token Cut Motion
Parliament except on recommendation of President & such
bill shall not be introduced in R.S. (v) Passing of Appropriation Bill:

• Money bill or finance bill dealing with taxation must be • No money shall be withdrawn from the Cons. Fund of
introduced in LS only. India except under appropriation made by law.

• R.S has no power to vote on the demand for grants. • It is introduced to provide for the appropriation out of
CFS, all money required to meet:
Stages in Enactment:
Grants voted by the LS.
(i) Presentation of budget
(ii) General discussion Exp. charged on the CFS.
(iii) Scrutiny by Dept. Committees
(iv) Voting on demands for grants • The App. bill becomes the App. Act after it is assented to
(v) Passing of appropriation bill by the President. This act authorises the payments from
(vi) Passing of finance bill CFS.

(i) Presentation of Budget: (vi) Passing of Finance Bill:

• Presented in two parts - Railway Budget & General • Finance bill is introduced to give effect to the financial
Budget. proposals of the GOI for the following year.
• R.B presented by Railway minister in LS.
• Finance Minister presents the General Budget with a
• The finance bill must be enacted (i.e. passed by the
speech known as Budget Speech in the LS.
Parliament & assented to by President) within 75 days.

(ii) General Discussion:

FUNDS:

• It begins a few days after presentation. It takes place in

Consolidated Fund of India [Article 266]:
both the houses of Parliament.
• It consists of:
• No cut motion can be moved nor can budget be
submitted to the vote of the house.
• Revenue received by the GOI;
• All loans raised by the Govt. by issue of treasury bills,
(iii) Scrutiny by Departmental Committees:
loans.
• All money received by the govt. in repayment of loans.
• After the general discussion on budget is over, houses are
adjourned for about 3-4 weeks.
• All the legally authorised payments on the behalf of GOI
are made of this fund.
• During this period, the 24 Dep. Commi. examine & discuss
in detail the demand for grants of the concerned ministries
Public Account of India [Article 266]:
& prepare report on them.
• All other public money (other than which are credited to
(iv) Voting on Demands for Grants:
CFS) received by or on behalf of GOI shall be credited here.
This includes, PF deposits, judicial deposits, savings bank
• In the light of reports of deptt. Standing Comm., the LS deposits.
takes up voting of demand for grants.
• This account is operated by executive action, the payment
• Motion to reduce any demand for grant are called “Cut can be made without parliamentary appropriation.
Motion”, which are of 3 kinds:
Contingency Fund of India [Article 267]:
Policy Cut Motion - It represents the disapproval of the
policy underlying the demand. It states that amount of
• Into Cont. Fund of India amount determined by law are
demand be reduced to Re.1.
paid from time to time.

Economy Cut Motion - It represents the economy that can

• This fund is placed at the disposal of the President & he
be affected in the proposed expenditure. It states that the
can make advances out of it to meet unforeseen exp.
amount of the demand be reduced by a specified amount.
pending its authorisation by the Parliament.

33
• Fund is held by finance secretary on behalf of President. • Resolution for removal of Vice President can only be
initiated in RS [Article 67].
Multifunctional Role of Parliament:
Individual Privileges:
Legislative Powers & Functions:
Freedom of Speech: No member is liable to any proceeding
• Primary function of Parliament is to make laws. in any court for anything said within house & with the
• Parliament has exclusive power to make laws in permission of the house. Two exceptions to it:
subjects of Union List, however in following cases
it can make law on State List also: • It must be conformity with the rules of Parliament.
• A MP can’t speak against the conduct of the Judge of SC &
• When RS passes a resolution to that effect. HC.
• In case of National emergency.
• In case of President Rule. Freedom from Arrest: They cannot be arrested during the
• When 2 or more states make a joint request to session of the Parliament and 40 days before the beginning
Parliament. & 40 days after the end of session. Available only in civil
• When necessary to give effect to international cases not criminal cases or preventive cases.
treaties etc.
Freedom from Jury Service: They can refuse to give
Executive Powers & Functions: evidence & appear as a witness in a case pending in a court
when Parliament is in session.
Financial Powers & Functions
Collective Privileges:
Constituent Powers & Functions: This power is not
unlimited; it is subject to “basic structure” of Constitution. • It has the right to publish its debates, debate &
proceedings & also the right to prohibit others from
Judicial Powers & Functions: Impeachment & removal. publishing the same.

Electoral Powers & Functions: • It can exclude strangers from the proceedings & hold
secret sittings.
Special Powers of Lok Sabha:
• Right to regulate the external affair of house & decide
• Money bill can be introduced only in LS not RS. about parliamentary business.

• RS cannot amend or reject Money, must return bill within • It can punish members as well as outsiders for breach of
14 days. its privileges or its contempt.

• LS can either accept or reject recommendation of the RS. • The courts are prohibited to inquire into the proceeding
of a House or its committees.
• Financial Bill (Class I) can only be introduced in LS. But,
with regard to its passage, both the houses have equal Note: Only imp. Committees Covered.
powers.
Parliamentary Committee: [Chairman is of L.S.]
• Final power to decide whether a particular bill is money
bill or not is vested in the Speaker of LS. The legislature has to perform complex and enormous
quantity of work. Due to shortage of time in the legislature
• RS cannot remove the COM. the initial work of the parliament is mostly done by the
Committee, appointed or elected for a specific purpose.
These Committees eventually belong to Lok Sabha and
• Resolution for the discontinuance of the National
function under the Speaker to whom they submit their
emergency can be passed only by the LS not by the RS.
report.

Special Powers of Rajya Sabha:

Parliamentary Committee are of two types:

• It can authorise the Parliament to make law on a subject

i) Standing committee
in the State List [Article 249].
ii) Ad-hoc committee. [Joint Parliamentary Committee is
example]
• It can authorise Parliament to create new all India
services common to both the centre & states [Article 312].

34
Standing committee are permanent in nature where as Ad- Functions:
hoc committees are constituted for special purpose and
they seize to exist after completion of specific work. (a) To examine the accounts showing the appropriation
granted by the Parliament; to meet the expenditure of
The examples of Standing Committee are: govt. of India.

i) PAC (b) To examine the annual financial account of the govt. of

ii) Public Undertaking Committee India and other accounts laid before the house.
iii) Estimate Committee
iv) Committee on welfare of ST/SCs (c) To examine the report of Comptroller and the Auditor
v) Business advisory committee General.
vi) Rule Committee
vii) Advisory Committee Public Undertaking Committee:

Joint Parliamentary Committee is an example of Ad-hoc It consists of 22 members, 15 from Lok Sabha and 07 from
committee. Rajya Sabha, elected by means of single transferable vote in
both the houses. The chairman of the committee is
Estimate Committee: appointed by the Speaker from amongst the Lok Sabha
member of the committee. A minister can’t be a member of
i) It consists of 30 members all from Lok Sabha. this committee. And if any member of the committee
becomes the minister, he seizes to be the member of the
ii) All parties in the Lok Sabha are given proportional committee.
representation in this committee.
Functions:
iii) The chairman of committee is appointed by the Speaker
from among its members. (a) To examine the report & accounts of public sector
undertaking.
iv) A Minister can’t be a member of this committee. If any
member of this committee is appointed as minister he (b) To examine the efficiency and autonomy of P.S.U.
seizes to be the member of this committee. The term of
this office is one year. (c) To examine other specific subjects or matters referred
to it by the house or the Speaker.
Functions:
Attorney General of India [Article 76]:
(a) To report on the efficiency of the policy underline the
estimate. Appointment & term:

(b) To examine whether the money is well laid out within • He is appointed by the President.
the limits of the policy implied in the estimate. • He must be a person who is qualified to be appointed a
judge of SC.
(c) To suggest the form in which the estimates are to be • The term of office is not fixed by the Constitution. He
presented in the parliament. holds office during the pleasure of the president.

Public Accounts Committee: Duties & functions:

It contains 22 members, 15 from Lok Sabha and 07 • To give advice to the GOI upon such legal matters, which
members from Rajya Sabha elected through single are referred to him by president.
transferable vote in both houses. The chairman was elected
by the Speaker from among the Lok Sabha members of the • To perform such other duties of a legal character that are
Public Accounts Committee. assigned to him by the president as follows:

By convention, the Speaker appoints a member of To appear on behalf of GOI in all cases in SC in which GOI
opposition party as chairman of this committee. A minister is concerned.
can’t be a member of this committee. If any member is
appointed as minister, he seizes to be a member of this To appear in any HC in any case in which the GOI is
committee. The term of office is one year. concerned.

To represent the GOI in any reference made by the

President to the SC under Art. 143.
35
Rights & Limitations: → Constitution lays down only two qualifications for
appointment –
• He can become audience in all courts in the territory of
India. • He must be citizen of India.
• He must have completed the age of 35 years.
• He can speak & take part in the proceeding of both the
Houses of Parliament or their joint sitting and any • President is required to consult CM of the state.
committee of Parliament of which he may be named a (Convention)
member, but without a right to vote.
→ Conditions of Governor’s Office [Same as President]
• He enjoys all the privileges & immunities that are
available to a MP. → Oath of office to the governor is administered by the
Chief Justice of the concerned state high court & in his
• He should not advise or hold a brief against the GOI. absence, the senior-most judge of the court.

• He should not advise or hold a brief in cases in which he is → Term of Governor’s office:
called upon to advise for the GOI.
• Governor holds office for a term of 5 years from the date
• He should not defend accused persons in criminal on which he enters upon his office. However, this term of 5
prosecutions with the permission of GOI. years is subject to the pleasure of the president.

• He should not accept appointment as a director in any • SC held that the pleasure of President is non-justifiable.
company without permission of GOI.
• The governor has no security of tenure & no fixed term of
• He is not debarred from private legal practise. office.

Advocate General of the State [Article 165]: • The constitution does not lay down any grounds upon
which a governor may be removed by the President.
• He is appointed by the governor.
• He must be a person who is qualified to be appointed a • President may transfer a Governor appointed to one state
judge of HC. to another state for the rest of term.
• He holds office during pleasure of governor.
• A governor may be reappointed in the same state or any
Duties & Functions [Same as Attorney] other state.

Rights [Same as Attorney - Replace word India’s territory → Powers & functions:
with state. And Parliament with State Legislature]
→ Executive Powers
GOVERNOR
• He acts as the Chancellor of universities in the state. He
→ Governor is Chief executive head of the state. (Like also appoints VC of the universities in the state.
President, he is a nominal executive)
• He can recommend the imposition of constitutional
→ Governor also acts as an agent of the C.G. The office of emergency in a state to the president.
governor has a dual role.
........ [Remaining same as President, replace Union with
→ Same person can be appointed as a governor of two or State]
more states.
→ Legislative Powers
→ He is appointed by the president by warrant under his
hand & seal. • He can prorogue or summon the state legislature and
dissolve the state legislative assembly.
→ It is an independent constitutional office & is not under
the control of or subordinate to the C.G. (SC ruling) • He can address the state legislature at the
commencement of the first session after general election &
→ Constituent Assembly opted for the present system of first session of each year.
appointment of governor by the president.
• He nominates 1/6 members of the state legislative
council.
36
• He decides on the question of disqualification of → In relation to Council of Ministers
members of state legislature in consultation with EC.
• Governor appoints only those persons as ministers who
• When a bill sent to the governor after it is passed by state are recommended by the CM.
legislature, he can:
• He allocates & reshuffles the portfolio among ministers.
Give assent to the bill, or
• He presides over the meeting of the COM & influence its
Withhold his assent to the bill, or decision.

Return the bill (if not a money bill) for reconsideration to • He can bring about the collapse of the COM by resigning
the state legislature, or from office.

Reserve the bill for the consideration of the President. → In relation to state legislature

• He can promulgate ordinances when the state legislature • He advises the governor with regard to summoning &
is not in session. proroguing of the sessions of the state legislature.

→ Financial Powers – [Same as President] • He announces the govt. policies on the floor of the house.

→ Judiciary Powers • He can recommend the dissolution of the legislative

assembly to the governor at any time.
• He can grant pardons, reprieves, respites and remissions
of punishment or suspend, remit & commute the sentence → In relation to the Governor
of any person convicted of state law.
• He is principal channel of communication b/w the
• He is consulted by the President while appointing the governor and the COM. It is the duty of CM:
judges of the concerned state HC.
To communicate to the governor all decisions of COM
• He makes appointment of DJ in consultation with the relating to the administration.
state high court.
• He advises the governor with regard to the appointment
• He cannot pardon a death sentence. of important officials like advocate general, chairman &
• He cannot do anything in relation to court-martial. members of the SPSC, state election commissioner etc.

Chief Minister → Others Powers & functions:

→ Governor is nominal executive authority (de jure • He is the Chairman of the State Planning Board.
executive) & the CM is real executive (de facto executive).
• He acts as the Vice-President of the concerned zonal
→ He is appointed by the Governor (Article 164) council by rotation, holding office for 1 year at a time.

→ Constitution does not require that a person must prove • He is a member of Inter-State council & NDC, both
his majority in the legislative assembly before he is headed by the PM.
appointed as the CM.
→ Relationship with the Governor:
→ A person who is not a member of state legislature can be
appointed as CM for 6 months, within which time, he Article 163: There shall by COM with the CM as the head to
should be elected to the state legislature, failing which he aid & advice the governor on exercise of his function.
ceases to be CM.
Article 164:
→ CM may be member of any of the two house of a state
legislature. • CM shall be appointed by the governor & other minister
on the advise of the CM.
→ Governor administers to him the oath of office &
secrecy. • Ministers hold office during the pleasure of governor;

→ Powers & functions: • COM collectively responsible to the legislative assembly.

37
Article 167: Communicate to the governor all decisions of → Jurisdiction & Powers of High Court:
the COM relating to administration.
→ Original Jurisdiction:
High Court
• Matters of admiralty, will, marriage, divorce, company
→ The Constitution provides for a high court for each state, law & contempt of court.
but the 7th Amd. Act, 1956 authorised Parliament to
establish a common HC for 2 or more states or for 2 or • Disputes relating to election of MP & MLA.
more state and UT.
• Regarding revenue matter.
→ At present, there are 24 high courts in India. Out of
them, 3 are common HC. • Enforcement of fund. Rights of citizens.

→ Appointment of Judges: • Cases transferred from subordinate courts.

• CJ is appointed by the President after consultation with → Writ Jurisdiction:

the CJI & the governor of the state concerned.
• HC can issue writ including habeas corpus, mandamus,
• For appointment of other judges, Chief Justice of certiorari, prohibition & quo-warranto for enforcement of
concerned high court is also consulted. fund. Rights or for any other purpose.

• In Third Judges Case (1998), SC opined that in case • Writ jurisdiction HC is not exclusive but concurrent with
of the appointment of HC judges, the CJI should writ jurisdiction of SC.
consult a collegium of 2 senior most judges of the
SC. → Appellate Jurisdiction – It hears appeal against the
[No sole opinion] judgements of subordinate courts functioning in its
territorial jurisdiction. It has appellate jurisdiction in both
→ Qualifications: civil & criminal matters.

• He should be citizen of India. → Supervisory Jurisdiction – HC has the power of

superintendence over all courts & tribunals functioning in
• He should have held a judicial office in the territory of its territorial jurisdiction (except martial court).
India for 10 years; or
→ Control over Subordinate Courts
• He should have been an advocate of HC for 10 years.
→ A court of Record
→ Removal: Procedure for impeachment of a judge of a HC
is same as that for a judge of SC. *** [Sec 66A]

→ Tenure: → Power of Judicial Review

→ Constitution has not fixed the tenure of a judge of a HC. • It is the power of HC to examine the constitutionality of
However, it makes following four provisions – legislative enactment & executive orders of both the
central & state govt.
• He holds office until he attains the age of 62 years.
• Constitutional validity can be challenged in HC on the
• He can resign his office by writing to the President. following three grounds –

• He can be removed from his office by the President on it infringes the fund. rights (Part III)
the recommendation of the Parliament.
it is outside the competence of the authority which has
• He vacates his office when appointed as a judge of SC or framed it, and
transferred to another HC.
it is repugnant to the constitutional provisions.
→ President can transfer a judge from one high court to
another after consulting the CJI. CJI should consult, in SUBORDINATE COURTS
addition to the collegium of 4 seniormost judges of SC, the
chief justice of 2 HC (one from which the judge being → Appointment of District Judges:
transferred & other receiving him)
38
→ Appointment, posting & promotion of district judges are → Article 166 – Conduct of Business of the govt. of a State
made by the governor in consultation with the high court.
→ Article 167 – Duties of CM [Already discussed]
→ Qualifications
→ Responsibility of Ministers
• He must not already be in the service of the central or the
state govt. → Collective Responsibility: [Same as central COM]

• He must have been an advocate or pleader for 7 years. → Individual Responsibility: [Same as central COM]

• He must be recommended by the HC for appointment. → Composition of Council of Ministers: [Same as Central
COM]
→ Appointment of Other Judges: Appointment of persons
to the judicial service of a state are made by the governor State Legislature
after consultation with SPSC & high court.
→ Organisation of State Legislature:
→ Structure of the subordinate courts
• Unicameral System consists of the governor & the
High Court legislative assembly.
↓
District & Sessions Judge’s Court • Bicameral system consists of the governor, legislative
council & the legislative assembly.
(Civil Side)
↓ • Constitution provides for the abolition or creation of
Subordinate Judge’s Court legislative council in state. Accordingly, the Parliament can
↓ abolish or create L.C., if the legislative assembly of the
Munsif’s Court concerned state passes a resolution to that effect. [Such
specific resolution must be passed by the state assembly by
(Criminal Side) a special majority]
↓
Chief Judicial Magistrate’s Court → Composition of Legislative Assembly:
↓
Judicial Magistrate’s Court
→ Strength:

State Council of Ministers

• Maximum strength is fixed at 500 & minimum strength at
60.
→ Article 163 – Council of Ministers to aid & advise
Governor:
• In case of Arunachal Pradesh, Sikkim & Goa, minimum no.
is fixed at 30.
• There shall be a COM with the CM as the head to aid &
advise the governor in exercise of his functions.
→ Composition of Legislative Council:

• Advice tendered by Ministers to the governor shall not be

→ Strength:
inquired into in any court.
• Maximum strength is fixed at 1/3 of the total strength of
→ Article 164 – Other provisions as to Ministers:
the assembly & minimum strength is fixed at 40.

• CM shall be appointed by the governor & other ministers

→ Manner of election: Of the total number of members of
on the advise of CM.
council –

• The total no. of ministers including CM, in the COM in a

• 1/3 are elected by the members of local bodies like
state shall not exceed 15% of the total strength of the
municipalities, district boards etc.
legislative assembly of that state.
• 1/12th are elected by graduates of 3 years standing &
• But, the number of ministers including CM, in a state shall
residing within state.
not be less than 12.
• 1/12 are elected by teachers of 3 years standing in the
• COM shall be collectively responsible to the state
state, not lower in standard than secondary school.
legislative assembly.
39
• 1/3 are elected by the members of legislative assembly of → Deputy Speaker of Assembly [Same provisions as of
the state from among persons who are not members of the Deputy Speaker of LS]
assembly.
→ Chairman of Council:
• Remainder are nominated by the governor.
→ Chairman is elected by the council itself from amongst its
• 5/6 of total members are indirectly elected & 1/6 are members.
nominated by the governor.
→ Chairman vacates his office in any of following three
→ Duration of Assembly: Like the LS, the legislative cases:
assembly is not a continuing chamber. Its normal term is 5
years from the date of its first meeting after the general • if he ceases to be member of council,
elections.
• if he resigns by writing to the deputy chairman, and
→ Duration of Council: Like the RS, the legislative council is
a continuing chamber i.e. it is a permanent body & is not • if he is removed by a resolution passed by a majority of all
subject to dissolution. But 1/3 of its members retire on the the then members of the council.
expiration of every second year.
→ As presiding officer, the powers & functions of the
→ Membership of State Legislature: Chairman is similar to those of the speaker in the assembly.
[Except deciding whether bill is money bill or not]
→ Qualifications:
→ Deputy Chairman of Council [Same provisions as of
• He must be a citizen of India. Deputy Chairman of Rajya Sabha]

• He must not be less than 30 years in case of council & not → Sessions of State Legislature:
less than 25 years in case of assembly.
→ Summoning [Same provision as of Parliament]
• A person to be elected to the council must be elector for
an assembly constituency in the concerned state & to be → Adjournment [Same as Parliament]
qualified for the governor’s nomination, he must be a
resident in concerned state.
→ Prorogation [Same as Parliament]

• A person to be elected to the assembly must be an

→ Dissolution [Same as Parliament]
elector for an assembly constituency in the concerned
state.
→ Quorum: It is 10 members or 1/10th of total number of
members of House (including presiding officer), whichever
→ Disqualifications:
is greater.

• if he holds any office of profit under the Union or state

→ Rights of Ministers & Advocate General [Same as of
government,
Central Min. & AGI]

• if he is of unsound mind,
PART IX – THE PANCHAYATS (Art. 243–243O)

• if he is an undischarged insolvent,
1. General Structure

• if he is not a citizen of India,

• Part IX: Panchayats → Art. 243 to 243O
• Inserted by: 73rd Constitutional Amendment Act, 1992
• if he is so disqualified under any law made by Parliament. • Objective: Constitutional status to rural local self-
government institutions
→ Vacation of Seats:
2. Article 243 – Definitions
• Double membership
• Disqualification • District → District in a State
• Resignation • Gram Sabha → Body of persons registered in electoral
• Absence (for a period of 60 days) rolls of village within Panchayat area
• Intermediate Level → Between village and district level
→ Speaker of Assembly [Same Role, powers & functions of specified by Governor
LS Speaker] • Panchayat → Institution of self-government for rural
40
areas under Art. 243B • Reservation compulsory at every Panchayat level
• Panchayat Area → Territorial area of Panchayat • Proportion of reserved seats = proportion of SC/ST
• Population → Population as per last preceding census population in Panchayat area
• Village → Specified by Governor through notification • Seats allotted by rotation

3. Article 243A – Gram Sabha Women Reservation

• Gram Sabha compulsory • Minimum 1/3rd of SC/ST reserved seats reserved for
• Powers and functions determined by State Legislature by SC/ST women
law • Minimum 1/3rd of total directly elected seats reserved for
women including SC/ST women seats
4. Article 243B – Constitution of Panchayats • Rotation permitted

• Panchayats compulsory at: Reservation of Chairpersons

• Village level • Reservation for SC/ST & women compulsory at all levels
• Intermediate level • SC/ST chairperson reservation proportional to SC/ST
• District level population in State
• Intermediate level not compulsory for States • Minimum 1/3rd chairperson posts reserved for women
with population below 20 lakhs • Rotation permitted

5. Article 243C – Composition of Panchayats Other Provisions

• State Legislature determines composition by law • SC/ST reservation subject to sunset clause under Art. 334
• Ratio between population and seats to remain uniform • State Legislature may provide reservation for backward
throughout State as far as practicable classes in seats & chairperson posts
• Direct election compulsory for all seats
• Territorial constituencies to have nearly equal population- 7. Article 243E – Duration of Panchayats
seat ratio
• Tenure: 5 years from first meeting compulsory unless
Representation Allowed by State Law dissolved earlier
• Existing Panchayat protected from dissolution due to law
• Village Panchayat chairpersons in Intermediate & District amendment during tenure
Panchayats • Elections compulsory:
• Intermediate Panchayat chairpersons in District
Panchayats • Before expiry of term OR
• MPs & MLAs whose constituencies fully/partly fall within • Within 6 months of dissolution
Panchayat area: • Exception:
• If remaining tenure < 6 months, election within 6
• Allowed only at Intermediate & District levels months not necessary
• RS & LC members registered as electors: • Newly constituted Panchayat after premature
• Intermediate level elector → representation at dissolution serves only remaining term, not fresh 5
Intermediate Panchayat years
• District level elector → representation at District
Panchayat 8. Article 243F – Disqualifications

Chairpersons • Same disqualifications as State Legislature elections

• Minimum age:
• Voting rights for all members & chairpersons compulsory
• Village-level chairperson → mode decided by State • Panchayat → 21 years compulsory
Legislature • MLA → 25 years
• Intermediate & District chairpersons: • State Legislature may prescribe additional
disqualifications
• Elected by and from among elected members • Authority & procedure for deciding disputes 9.
compulsory Article 243G – Powers & Responsibilities

6. Article 243D – Reservation of Seats State Legislature may empower Panchayats regarding:
• Institutions of self-government
SC/ST Reservation • Preparation of plans for:

41
 • Economic development Safeguards
• Social justice
• Implementation of schemes for: • Service conditions determined by Governor
• Economic development • Conditions cannot be varied to disadvantage after
• Social justice appointment
• Includes matters in Eleventh Schedule • Removal process same as High Court Judge

10. Article 243H – Financial Powers Other Provisions

State Legislature may authorize Panchayats to: • Governor provides staff to SEC
• Levy, collect & appropriate taxes, duties, tolls & fees • State Legislature may make election-related laws except
• Receive assigned State taxes/duties/tolls/fees mandatory provisions
• Receive grants-in-aid from Consolidated Fund of State
• Create Panchayat Funds for credit & withdrawal of money 14. Article 243L – Union Territories

11. Article 243I – State Finance Commission • Part IX applicable to UTs

• Governor references replaced by Administrator
Constitution • State Legislature references replaced by UT Legislature
where applicable
• Governor must constitute Finance Commission: • President may specify exceptions/modifications for UTs or
parts thereof
• Within 1 year of commencement of 73rd CAA
• Every 5 years thereafter compulsory 15. Article 243M – Areas Exempted

Functions Excluded Areas

Recommend regarding: • Scheduled Areas & Tribal Areas under Art. 244
• Distribution of State taxes between State & Panchayats
• Allocation among Panchayats • Parliament may extend provisions through law
• Taxes assignable/appropriable by Panchayats • PESA Act, 1996 applicable for Schedule 5 Areas
• Grants-in-aid principles • Nagaland, Meghalaya, Mizoram
• Measures to improve Panchayat finances • Extension possible through State Legislature
• Any matter concerning sound Panchayat finance resolution:
o Majority of total membership
Other Provisions o 2/3rd members present & voting
• Hill areas of Manipur with District
• Composition & qualifications → by State law Councils
• Procedure & powers → by State law • Darjeeling hill areas with Darjeeling
• Governor places recommendations before State Gorkha Hill Council
Legislature with action-taken explanation
• Central Finance Commission also recommends measures Special Provision
to augment State Consolidated Fund for Panchayats based
on State FC recommendations • Arunachal Pradesh exempted from SC reservation
provisions
12. Article 243J – Audit of Accounts
16. Article 243N – Continuance of Existing Laws
• State Legislature provides law regarding:
• Pre-existing Panchayat laws inconsistent with Part IX
• Maintenance of accounts continue:
• Audit of Panchayat accounts
• Till amended/repealed OR
13. Article 243K – Elections to Panchayats • Maximum 1 year after commencement of 73rd
Amendment
State Election Commission • Existing Panchayats continue till expiry unless
dissolved earlier by State Legislature resolution
• Superintendence, direction & control of Panchayat
elections vested in SEC compulsory
• SEC headed by State Election Commissioner appointed by
Governor
42
17. Article 243O – Bar to Court Interference Industrial Township Features

• Delimitation/allotment of seats cannot be challenged in • Created mainly by large public enterprises

court • Town administrator appointed by enterprise
• Panchayat elections challengeable only through election • No elected representatives
petition before authority prescribed by State law • Extension of bureaucratic structure
• India has 500+ industrial townships
PART IX-A – THE MUNICIPALITIES (Art. 243P–243ZG) • SEZs under Special Economic Zones Act, 2005 also lack
elected local governments
1. Introduction • Managed by Board of Approval (BOA)

• Part IX-A inserted by 74th Constitutional Amendment Act, Criteria for Urban Area Classification
1992
• Deals with Urban Local Government Governor considers:
• Articles: 243P to 243ZG • Population
• Population density
2. Article 243P – Definitions • Revenue generation
• Non-agricultural employment percentage
• Economic importance
• Committee → Committee under Art. 243S
• Other relevant factors
• District → District in a State
• Metropolitan Area:
Important Notes
• Population ≥ 10 lakh
• One or more districts • No hierarchical structure like Panchayati Raj
• Nagar Panchayat, Municipal Council & Corporation
• Two or more
function separately
Municipalities/Panchayats/contiguous areas
• Area declared as Nagar Panchayat:
• Declared by Governor through public notification
• Municipal Area → Territorial area notified by
Governor • Higher taxation
• Municipality → Institution under Art. 243Q • Rural welfare schemes stop
• Panchayat → Panchayat under Art. 243B • Gram Sabha becomes non-functional
• Population → Last published census population
4. Municipal Corporation
3. Article 243Q – Constitution of Municipalities
Establishment
Types of Municipalities
• States → By State Legislature Acts
(A) Nagar Panchayat • UTs → By Parliament Acts
• One common Act or separate Acts possible
• For transitional area:
Authorities
• Rural → Urban transition
(A) Council
(B) Municipal Council
• Deliberative & legislative wing
• For smaller urban area • Councillors directly elected
• Includes some nominated persons
(C) Municipal Corporation
(B) Standing Committees
• For larger urban area
• Handle:
Industrial Township Exception
• Public works
• Education
• Municipality may not be constituted if:
• Health
• Taxation
• Industrial establishment provides municipal
• Finance etc.
services
• Governor declares area as Industrial Township

43
(C) Municipal Commissioner • Entirely nominated body
• Chairman also nominated
• Chief executive authority • Neither elected nor statutory body
• Implements council decisions
• Appointed by State Government 8. Town Area Committee
• Usually IAS officer
Features
Mayor
• For small towns
• Head of Council • Semi-municipal authority
• Assisted by Deputy Mayor • Handles limited civic functions:
• Usually elected for 1-year renewable term
• Presides over meetings • Drainage
• Roads
5. Types of Municipal Government • Street lighting
• Conservancy
Bombay Pattern • Created by separate State Act
• May be:
• Executive & deliberative wings separate • Fully elected
• Municipal Commissioner has real executive power • Fully nominated
• Mayor mainly presiding officer • Partly elected & nominated
• State controls Commissioner appointment/transfer
Recommendation
Howrah/Calcutta Pattern
• A.P. Jain Committee (1963–66):
• Mayor has executive powers
• Commissioner works under Mayor • Merge Town Area Committees with Panchayati Raj
• Recommended by 2nd ARC for democratic accountability Institutions

6. Other Municipalities 9. Cantonment Board

Authorities Establishment

• Council • For civilian population in cantonment areas

• Standing Committees • Under Cantonments Act, 2006
• Chief Executive Officer • Central Government legislation
• Controlled by Defence Ministry
Features
Important Points
• Council headed by President/Chairman
• Assisted by Vice-President/Vice-Chairman • Cantonments Act, 2006 replaced Cantonments Act, 1924
• Chairman enjoys executive powers unlike Mayor in • Presently 62 cantonment boards
Corporation • Classified into 4 categories based on civil population
• CEO handles day-to-day administration
• CEO appointed by State Government Composition (Category-I)

7. Notified Area Committee • Military officer commanding station

• Executive engineer
Purpose • Health officer
• First-class magistrate
Created for: • 3 nominated military officers
• Fast developing industrial towns • 8 elected civilian members
• Important towns not yet qualifying as Municipality • Chief Executive Officer

Features Features

• Created by Government Gazette notification • Partly elected & partly nominated

• Only notified provisions of State Municipal Act apply • Military officer → Ex-officio President
• Powers similar to Municipality • Vice-President elected by elected members for 5 years
44
• Functions similar to Municipality (A) Separate Personnel System
• Functions:
• Each local body controls own personnel
• Obligatory • No transferability
• Discretionary • Promotes local autonomy & loyalty
• Revenue: • Most prevalent system
• Tax revenue
• Non-tax revenue (B) Unified Personnel System

Executive Officer • State Government controls personnel

• State-wide municipal cadre
• Appointed by President of India • Transferable across local bodies
• Implements Board decisions • Present in:
• Belongs to central cadre
• Andhra Pradesh
10. Port Trust • Tamil Nadu
• Uttar Pradesh
Purpose • Rajasthan
• Madhya Pradesh etc.
• Manage & protect ports
• Provide civic amenities (C) Integrated Personnel System

Features • Municipal & State personnel part of same service

• Transferable between:
• Created by Act of Parliament
• Includes elected & nominated members • Local bodies
• Chairman is official • State departments
• Civic functions similar to Municipality • No distinction between local & state civil service
• Present in:
11. Special Purpose Agencies • Odisha
• Bihar
Nature • Karnataka
• Punjab
• Function-based bodies • Haryana etc.
• Not area-based bodies
• Also called: 13. Municipal Training Institutions

• Single-purpose agencies • All India Institute of Local Self Government, Mumbai

• Uni-purpose agencies (1927)
• Functional local bodies • Centre for Urban & Environmental Studies, New Delhi
(1967)
Examples • Regional Centres for Urban & Environmental Studies:

• Town Improvement Trusts • Kolkata

• Urban Development Authorities • Lucknow
• Water Supply & Sewerage Boards • Hyderabad
• Housing Boards • Mumbai (1968)
• Pollution Control Boards • National Institute of Urban Affairs, New Delhi
• Electricity Boards (1976)
• City Transport Boards • Human Settlement Management Institute, New
Delhi (1985)
Features
14. Article 243R – Composition of Municipalities
• Created by State law or executive resolution
• Autonomous bodies Direct Elections
• Independent from Municipal Governments
• Not subordinate to Municipal bodies • All seats filled through direct election from wards

12. Municipal Personnel Systems State Legislature May Provide Representation For:
45
• Experts in municipal administration: Backward Classes

• No voting rights • State Legislature may provide reservation for backward

• MPs & MLAs of concerned constituencies classes
• RS & LC members registered as electors
• Chairpersons of Wards Committees 17. Article 243U – Duration of Municipalities

Chairperson Election • Tenure: 5 years from first meeting

• Opportunity of hearing before dissolution compulsory
• Mode determined by State Legislature • Law amendment cannot dissolve existing Municipality
• Election:
15. Article 243S – Wards Committees
• Before expiry OR
Constitution • Within 6 months of dissolution
• Exception:
• Mandatory for Municipalities with population ≥ 3 lakh • If remaining term < 6 months → election not
necessary
Features • Reconstituted Municipality serves remaining
term only
• May consist of one or more wards
• State Legislature determines: 18. Article 243V – Disqualification

• Composition • Same as State Legislature election disqualification

• Minimum age:
• Territorial area
• Method of filling seats
• Municipality → 21 years
• State Legislature may add further
Chairperson
disqualifications
• State Legislature determines authority for
• One ward → Ward member becomes Chairperson dispute resolution
• Multiple wards → One elected among ward members
becomes Chairperson
19. Article 243W – Powers & Responsibilities
Other Committees
State Legislature may empower Municipalities regarding:
• Economic development planning
• State Legislature may create additional committees
• Social justice planning
• Functions under Twelfth Schedule
16. Article 243T – Reservation of Seats • Committees may also receive powers

SC/ST Reservation 20. Article 243X – Financial Powers

• Reservation proportional to SC/ST population State Legislature may authorize Municipalities to:
• Rotation allowed • Levy taxes/duties/tolls/fees
• Receive assigned State taxes
Women Reservation • Receive grants-in-aid
• Create Municipal Funds
• Minimum 1/3rd SC/ST reserved seats for SC/ST women
• Minimum 1/3rd total seats reserved for women including 21. Article 243Y – Finance Commission
SC/ST women
• State Finance Commission under Art. 243-I also reviews
Chairperson Reservation Municipal finances

• Reservation for SC/ST & women as per State law Recommendations

Sunset Clause • Distribution of State taxes

• Taxes assignable to Municipalities
• SC/ST reservation valid till Art. 334 period: • Grants-in-aid
• Measures to improve finances
• Presently till 2030 • Other financial matters

46
Governor • Infrastructure integration
• Environmental conservation
• Places report before State Legislature with action taken • Financial & other resources
memorandum
27. Article 243ZE – Metropolitan Planning Committee
22. Article 243Z – Audit
Purpose
• State Legislature provides for:
• Prepare metropolitan development plan
• Maintenance of accounts
• Audit of Municipal accounts Composition

23. Article 243ZA – Elections • Determined by State Legislature

• Minimum 2/3rd members:
• Elections conducted under State Election Commission
• State Legislature may make election laws • Elected from Municipalities & Panchayats
• Based on population ratio
24. Article 243ZB – Union Territories
Planning Considerations
• Applies to UTs
• Governor replaced by Administrator • Municipal & Panchayat plans
• State Legislature replaced by UT Legislature where • Spatial planning
applicable • Water/resource sharing
• President may provide exceptions/modifications • Infrastructure integration
• Environmental conservation
Special Provision • Central & State priorities
• Investments & resources
• In 2001, President exempted Delhi from:
28. Article 243ZF – Continuance of Existing Laws
• Art. 243ZD
• Art. 243ZE • Inconsistent municipal laws continue:

25. Article 243ZC – Exempted Areas • Till amended/repealed OR

• Maximum 1 year after commencement of 74th
• Scheduled Areas & Tribal Areas under Art. 244 excluded Amendment
• Darjeeling Gorkha Hill Council powers protected • Existing Municipalities continue till expiry unless
• Parliament may extend provisions to Scheduled/Tribal dissolved earlier
Areas with modifications
29. Article 243ZG – Bar to Court Interference
26. Article 243ZD – District Planning Committee
• Delimitation/allotment of seats cannot be challenged in
Purpose courts
• Elections challengeable only through election petitions
• Consolidate Panchayat & Municipal plans
• Prepare district development plan 30. Central Council of Local Government

Composition Establishment

• Determined by State Legislature • Set up in 1954 under Art. 263 by Presidential order
• Minimum 4/5th members:
Evolution
• Elected from Panchayats & Municipalities
• In proportion to rural-urban population ratio • Originally: Central Council of Local Self-Government
• “Self-Government” removed in 1980s
Planning Considerations • Till 1958 dealt with rural & urban local bodies
• After 1958 → only urban local government matters
• Spatial planning
• Resource sharing

47
Nature • Alter boundaries
• Consultation with Governor necessary
• Advisory body
6th Schedule
Composition
• Governor empowered to:
• Union Minister for Housing & Urban Affairs → Chairman
• State Ministers for Local Self-Government as members • Organize autonomous districts
• Reorganize autonomous districts
COMPARISON BETWEEN 5TH & 6TH SCHEDULE • Create autonomous regions

Constitutional Basis Executive Power

• 5th Schedule → Administration & control of Scheduled 5th Schedule

Areas and Scheduled Tribes in states other than Assam,
Meghalaya, Tripura & Mizoram • Executive power of State extends to Scheduled Areas
• 6th Schedule → Administration of Tribal Areas in Assam, • Centre can issue directions to States regarding
Meghalaya, Tripura & Mizoram administration
• Governor submits annual/required report to President
Applicability
6th Schedule
5th Schedule
• Tribal areas constituted as autonomous districts
• Applicable to: • Do not fall outside executive authority of State concerned

• Andhra Pradesh Law Applicability

• Telangana
• Jharkhand 5th Schedule
• Chhattisgarh
• Odisha • Governor may direct:
• Himachal Pradesh
• Maharashtra • Parliamentary/State laws not applicable
• Madhya Pradesh • Applicable with modifications/exceptions
• Gujarat • Governor may make regulations for peace &
• Rajasthan good governance after consulting Tribes Advisory
• Applies to all states except: Council
• Assam
• Meghalaya 6th Schedule
• Tripura
• Mizoram • Parliamentary/State laws may:

6th Schedule • Not apply to autonomous districts/regions

• Apply with modifications/exceptions
• Applicable to:
Autonomy
• Assam
• Meghalaya 5th Schedule
• Tripura
• Mizoram • PESA Act, 1996 applicable
• Self-governance through Gram Sabha
Declaration of Areas • Tribes Advisory Council important institution

5th Schedule 6th Schedule

• President empowered to: • Greater autonomy than 5th Schedule

• Autonomous District Councils (ADCs) possess wider
• Declare Scheduled Areas powers
• Increase/decrease area

48
Tribes Advisory Council (5th Schedule) Governor’s Powers under 6th Schedule

• Mandatory in states having Scheduled Areas • Can appoint commission to examine administration of
• Composition: autonomous districts/regions

• 20 members EIGHTH SCHEDULE

• 3/4th members from Scheduled Tribe
representatives in State Legislative Assembly Constitutional Basis

Autonomous District Councils (6th Schedule) • Eighth Schedule lists officially recognized languages of
India
• Each autonomous district: • Related to:

• District Council of 30 members • Article 344(1)

• 4 nominated by Governor • Article 351
• 26 elected on adult franchise • Part XVII deals with Official Language
• Autonomous regions may have Regional Councils
• Elected members: Number of Languages
• 5-year term
• Nominated members: • Presently 22 languages in Eighth Schedule
• Hold office during pleasure of Governor
Originally Included Languages (14)
Legislative Powers of District/Regional Councils
• Assamese
• Can make laws on: • Bengali
• Gujarati
• Land • Hindi
• Forests • Kannada
• Canal water • Kashmiri
• Shifting cultivation • Malayalam
• Village administration • Marathi
• Inheritance of property • Odia
• Marriage & divorce • Punjabi
• Social customs • Sanskrit
• Tamil
• Governor’s assent compulsory
• Telugu
• Urdu
Judicial Powers
Languages Added Later
• District & Regional Councils may:
21st Constitutional Amendment Act, 1967
• Constitute village councils/courts
• Try suits/cases among tribes
• Sindhi added
• Hear appeals
• High Court jurisdiction specified by government
71st Constitutional Amendment Act, 1992
Administrative & Financial Powers
• Konkani
• Manipuri
• District Councils may:
• Nepali added

• Establish/manage schools 92nd Constitutional Amendment Act, 2003

• Dispensaries
• Markets
• Bodo
• Ferries
• Dogri
• Fisheries • Maithili
• Roads • Santhali added
• Can assess & collect:
• Land revenue
• Specified taxes

49
Important Facts

• English not included in Eighth Schedule

• No fixed constitutional criteria for inclusion of language
• Ashok Pahwa Committee & Sitakant Mahapatra
Committee suggested criteria for inclusion
• Except Pali & Prakrit, all Classical Languages included in
Eighth Schedule
• Article 351 directs promotion of Hindi as medium of
expression for composite Indian culture

Benefits of Inclusion in Eighth Schedule

• Eligible for translation services in Parliament

• Sahitya Akademi recognizes them as literary languages by
default
• Included as optional languages in UPSC examinations
• Eligible for developmental support/funds from Central
Government

Official Language Commission

• Constituted in 1955 under Article 344(1)

• Established by President

Functions

• Monitors language use

• Recommends improvements
• Reports to President
• Advises on language policy

50
 CONSTITUTIONAL AND NON-CONSTITUTIONAL BODIES - Updated for UPSC Prelims 2026 (Compiled by Abhinaw, IAS Corridor)

Body Functions Article/Act Composition Appointment Term Qualifications Removal Resignation Second Term / Further Ministry Additional Notes
Reappointment Employment
Election Elections to Article 324 + Chief Chief Election President (on 6 years or 65 Not specified in CEC - Removed President CEC - No Constitution Independent Constitutional - CEC & ECs have
Commission Parliament, Election Commissioner + recommendation of years Constitution. But like SC Judge ECs reappointment EC has not Authority. equal powers (SC
of India State Commissioner and Election committee: PM + (whichever 2023 Act - Removed by - Can be appointed debarred Search Committee - Headed clarified)
Legislature, Other Election Commissioners Leader of Opposition earlier) specifies: - Person President on as CEC Total further by the Minister of Law and - Decisions by
President & Commissioners Act, (Number fixed by in Lok Sabha + Union of integrity + recommendation of tenure (EC + CEC) employment Justice. Includes two majority vote
VP 2023 President) Cabinet Minister Experience in CEC ≤ 6 years members (rank of Secretary - Salary = Supreme
nominated by PM) - election or higher). Prepares a panel Court Judges
Select Committee management + of 5 candidates for selection. - Independent
Secretary-level The Election Symbols constitutional
(or equivalent) (Reservation and Allotment) authority (Art 324)
Govt of India Order, 1968, lays down the - It is the election
experience procedure for resolving commission which
disputes over party symbols decides the
when a recognised political election
party splits into rival schedule for both
factions. According to Para general elections
15 of this order, the Election and bye-elections
Commission (EC) has the
authority to decide which
faction or group is entitled
to use the party symbol,
after considering all the facts
and circumstances of the
case and giving a hearing to
the representatives of the
Factions.

UPSC Recruitment Articles 315 - 323 Chairperson + President 6 years or 65 1/2 members Removed by President Not specifically Chairperson - Works with DoPT - Advice NOT
to All-India Members years must have held President on: provided in Not eligible binding but Govt
and Central (Number fixed by (whichever office ≥10 years Insolvency, Office Constitution for further must explain non-
Services + President) earlier) under Govt of of Profit, Infirmity; employment acceptance to
Advises Govt India/State Misbehaviour only Members - Parliament
on Promotion after SC enquiry Can become - Annual report →
& Chairperson President →
Disciplinary of Parliament
Matters UPSC/SPSC - Not consulted in
only reservations,
tribunal matters,
temporary
appointments
SPSC Recruitment Articles 315 - 323 Chairperson + Governor 6 years or 62 Same as UPSC Removed by Governor Not specifically Chairperson - - Advice NOT
to State Members years (1/2 members President (not provided in Can become binding
Services + (Number fixed by (whichever ≥10 years govt Governor) on same Constitution UPSC - Annual report →
Advises Govt Governor) earlier) service) grounds as UPSC; Chairperson/ Governor → State
on Promotion SC enquiry for Member or Legislature
& misbehaviour other SPSC - Governor can
Disciplinary Chairperson extend/restrict
Matters + Members – functions
Assists in Can become
framing rules UPSC/SPSC
for judicial Chairperson
service
(except
district judge)

[Link] 51
 Body Functions Article/Act Composition Appointment Term Qualifications Removal Resignation Second Term / Further Ministry Additional Notes
Reappointment Employment
Finance Advises on tax Article 280 + Chairperson + 4 President No fixed term Determined by Not specified Not Eligible for No restriction Works with - Constituted every 5
Commission devolution between Finance Members in Constitution Parliament: Chairperson in Constitution specified reappointment (no Ministry of years or earlier
Centre & States, Commission (Usually till -Experience in public (no fixed constitutional bar) Finance - Advisory body (NOT
grants-in-aid, and Act, 1951 report affairs Members - HC removal binding)
other matters referred submission) Judge/eligible, expertise procedure) - Report → President →
by President in finance & accounts, Parliament with Action
administration, Taken Memorandum
economics - Horizontal & vertical
devolution formula
(very important)
GST Council Ensures cooperation Article 279A Union Finance President No fixed term Not specified Not specified Not Not applicable Not specified Works with - Voting: Centre = 1/3
between Centre & Minister (constitutes (continuous specified Ministry of weight, States = 2/3
States for GST (Chairperson) + council) body) Finance weight
implementation Union MoS - Decision: 3/4 majority
Finance + State of weighted votes
Finance Ministers - Quorum: 50% members
- Vice-Chairperson
chosen from State
Ministers
- CBIC Chairperson =
permanent invitee (non-
voting)
- Recommends GST
rates, exemptions,
threshold limits
Comptroller Heads Indian Audit & Article 148 + Single Member President 6 years or 65 Not specified in Same as President Not allowed Not eligible for Independent - Acts as guardian of
and Auditor Accounts Department; CAG (Duties, (CAG) years Constitution removal of SC further office Constitutional public purse
General of Audits accounts of Powers & (whichever Judge under Authority - Audits: CFI, CFS,
India (CAG) Union & States; Conditions of earlier) Government of Contingency Fund,
Ensures financial Service) Act, India or any Govt companies, PSUs
accountability 1971 State - Submits reports to
President/Governor →
placed before
Parliament/State
Legislature
- Reports examined by
Public Accounts
Committee (PAC)
- Salary & conditions
determined by
Parliament (charged on
CFI)
- Expenses charged on
CFI → ensures
independence

[Link] 52
 Body Functions Article/Act Composition Appointment Term Qualifications Removal Resignation Second Term / Further Ministry Additional Notes
Reappointment Employment
Attorney Highest Law Article 76 Single (Attorney President Holds office during Must be qualified No fixed removal President Reappointment Allowed Works with - Right of audience
General of Officer of India; General) pleasure of to be a Judge of process (can be possible private Ministry of Law in all courts
India (AGI) Advises Union President (no fixed Supreme Court removed anytime by practice (not & Justice - Can participate in
Govt on legal tenure) President due to full-time govt Parliament
matters; Represents pleasure doctrine) servant) proceedings (no
Govt in Supreme voting)
Court - Enjoys privileges
of MP
- Not a
constitutional body
like CAG (works
as legal advisor)

Advocate Highest Law Article 165 Single (Advocate Governor Holds office during Must be qualified No fixed removal Governor Reappointment Allowed State Law - Can participate in
General of Officer of State; General) pleasure of to be a Judge of process (pleasure of possible private Department State Legislature
State Advises State Govt Governor High Court Governor) practice proceedings (no
on legal matters; voting)
Represents Govt in - Enjoys privileges
High Court of MLA
- Not a full-time
govt servant

National Evaluates Article 338 Chairperson + President Term determined Not specified in Removed by President Eligible for Not specified Ministry of - 65th Amendment
Commission safeguards for SCs; Vice-Chairperson by President Constitution President reappointment Social Justice & (1990) →
for SCs Inquires into + 3 Members (Currently 3 years) (conditions of Empowerment NCSC+ST
(NCSC) complaints; service decided by combined
Advises on socio- President) - 89th Amendment
economic (2003) → Separate
development SC & ST
Commissions
- Powers of Civil
Court during
inquiry
- Consultation
mandatory on
major policies
affecting SCs
- Reports →
President →
Parliament +
States
National Same as NCSC but Article 338A Chairperson + President Same (3 years – by Not specified Same as NCSC President Eligible Not specified Ministry of - Created via 89th
Commission for STs Vice-Chairperson President) Tribal Affairs Amendment
for STs + 3 Members (2003)
(NCST) - Similar powers &
functions as NCSC

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Body Functions Article/Act Composition Appointment Term Qualifications Removal Resignation Second Term / Further Ministry Additional Notes
Reappointment Employment
National Evaluates Article 338B Chairperson + President Term determined Not specified Removed by President Eligible Not specified Ministry of - Initially Statutory
Commission safeguards for Vice-Chairperson by President President Social Justice & (1993) after
for BCs OBCs; Handles + 3 Members (Currently 3 years) Empowerment Mandal case
(NCBC) inclusion/exclusion - Constitutional
in Central OBC status via 102nd
list; Advises Govt Amendment
(2018)
- Central List of
OBCs - President
notifies
- States maintain
separate OBC lists
(post 105th
Amendment,
2021)
Special Investigates Article 350B Single (Special President Not specified Not specified Not specified President Not specified Not specified Ministry of - Created after 7th
Officer for safeguards for Officer) Minority Affairs Amendment
Linguistic linguistic (1956) based on
Minorities minorities; Reports SRC
on non- recommendation
implementation - Reports →
President →
Parliament & State
Legislatures
- Headquarters:
Allahabad
(Prayagraj)
National Reviews Protection of Chairperson + 5 President (on 3 years or 70 years Chairperson: By President President Eligible for Not allowed - Powers of Civil
Human safeguards for Human Rights Act, Members + Ex- recommendation of (whichever earlier) Former CJI or (similar grounds as reappointment further Court
Rights Human Rights; 1993 (Amended officio Members Committee: PM, Judge of SC (2019 UPSC members; (subject to age employment - Can investigate
Commission Inquires into 2019) (NCSC, NCST, Speaker LS, LoP amendment) inquiry by SC for limit) under Govt using agencies
(NHRC) violations; Submits NCBC, NCW, LS, Deputy Members: 1 misbehaviour) after tenure - Can only take
reports to Centre & NCPCR, Chief Chairman RS, LoP serving/retired SC cases within 1 year
States Commissioner for RS, Union Home Judge + 1 - Recommendations
PwD) Minister) serving/retired NOT binding
Chief Justice of - Govt must inform
HC + 3 persons action within 1
with month
knowledge/experi - Can approach
ence (incl. at least SC/HC
1 woman) - Reports go to
Governments
directly
State Human Inquires into Protection of Chairperson + 2 Governor (on 3 years or 70 years Chairperson: By President (not Governor Eligible Not allowed - Jurisdiction: State
Rights human rights Human Rights Act, Members recommendation of Former Chief Governor) on further govt & Concurrent List
Commission violations related 1993 (Amended Committee: CM, Justice of HC similar grounds as employment only Human
(SHRC) to State & 2019) Speaker SLA, LoP Members: 1 HC NHRC Rights Courts in
Concurrent List SLA, Home Judge districts (with
subjects Minister of State) (serving/retired) CJHC
or District Judge concurrence) Same
(≥7 years) + 1 limitations: 1-year
expert in Human rule, advisory
Rights nature

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 Body Functions Article/Act Composition Appointment Term Qualifications Removal Resignation Second Term / Further Ministry Additional Notes
Reappointment Employment
Central Enquires into RTI Act, 2005 Chief Information President (on Term determined Persons of Removed by President Not specified Not eligible Ministry of - Earlier fixed 5
Information complaints & Commissioner + recommendation of by Central eminence with President: (effectively no for further Personnel years → removed
Commission appeals under RTI; up to 10 Committee: PM, Government (post knowledge in law, Insolvency, moral reappointment govt (DoPT) by 2019
(CIC) Ensures Information LoP LS, Union RTI Amendment science, turpitude, office of provision) employment Amendment
transparency in Commissioners Cabinet Minister Act, 2019) OR till administration, profit, infirmity; - Salary &
Central Govt, nominated by PM) 65 years etc.; Not Misbehaviour → SC conditions
PSUs, authorities; MP/MLA; No inquiry determined by
Has powers of office of profit; Central Govt
Civil Court No political - Powers of Civil
affiliation Court
- Can order
disclosure of
information
- Annual report →
Parliament
State Enquires into RTI RTI Act, 2005 State Chief Governor Term determined Same as CIC Removed by Governor Not specified Not eligible - RTI Amendment
Information complaints & Information (Committee: CM, by State Governor (for basic for further Act 2019 applies
Commission appeals at State Commissioner + LoP in Assembly, Government OR grounds); govt - Powers similar to
(SIC) level up to 10 ICs State Cabinet till 65 years Misbehaviour → employment CIC
Minister nominated President + SC - Annual report →
by CM) inquiry State Legislature
Central Apex vigilance Central Vigilance Central Vigilance President 4 years or 65 years Persons of President; Grounds: President Not allowed Not eligible Ministry of - Origin: Santhanam
Vigilance body; prevents Commission Act, Commissioner + (Committee: PM, (whichever earlier) eminence, insolvency, moral for further Personnel Committee (1964)
Commission corruption; 2003 up to 2 Vigilance Home Minister, LoP integrity with turpitude, infirmity, govt (DoPT) - Initially executive
(CVC) supervises Commissioners LS) experience in office of profit employment Salary same as body → statutory
vigilance vigilance, Misbehaviour/incap UPSC Chairman via 2003 Act
administration; administration, acity → SC inquiry (CVC) & UPSC - Supervises CBI in
superintendence etc. mandatory Members (VCs) corruption cases
over CBI in Expenses - Advisory body
corruption cases; charged on (not binding, but
advises govt on Consolidated reasons required if
vigilance matters Fund of India rejected)
(CFI) - Handles
whistleblower
complaints (PIDPI
Resolution)
- Works with
Lokpal (post 2013
Act)
- Has civil court
powers
Central Premier While it is not a Director + Director appointed Minimum 2 years Not specified in Can be removed by Extension Not specified Ministry of - Origin: Santhanam
Bureau of investigation statutory body, it Officers (Joint by Central Govt on tenure (can be Constitution Central Govt (with possible (not Personnel Committee
Investigation agency; handles derives its powers Directors, DIGs, recommendation of extended up to 5 (senior IPS officer protection of tenure traditional (DoPT) - Requires State
(CBI) corruption, to investigate from SPs, etc.) Committee (PM, years in phases) typically) under law) reappointment) consent
economic offences, the Delhi Special LoP LS, CJI/SC (general/specific)
serious crimes, Police Judge) to investigate in
special cases; Establishment states
assists CVC & (DSPE) Act, 1946. - Can investigate
Lokpal The CBI was set up cases only with
in 1963 by a consent or court
resolution of the order
Ministry of Home - “Caged parrot”
Affairs, and later remark by SC
transferred to the (Vineet Narain
Ministry of case)
Personnel. It was - Works under
not created by a superintendence of
direct Act of CVC (for
Parliament. corruption cases)

[Link] 55
 Body Functions Article/Act Composition Appointment Term Qualifications Removal Resignation Second Term / Further Ministry Additional Notes
Reappointment Employment
Lokpal Anti-corruption Lokpal & Chairperson + up President (Selection 5 years or 70 years Chairperson: Removed by President Not eligible for Not eligible Ministry of - Jurisdiction
ombudsman; Lokayuktas Act, to 8 Members Committee: PM, (whichever earlier) Former CJI/SC President on reappointment for further Personnel extends across
Inquires into 2013 (≥50% judicial; Speaker LS, LoP Judge or eminent grounds like govt (DoPT) India + officials
allegations against ≥50% from LS, CJI/SC Judge person in anti- misbehaviour/incapa employment posted abroad
public SC/ST/OBC/Mino nominee, Eminent corruption/public city after SC inquiry - Covers PM,
functionaries rities/Women) Jurist) administration/law Ministers, MPs,
(including those Members: Judicial Group A–D
posted abroad) + non-judicial officials
Minimum age: 45 - PM included but
years Cannot be excluded in
MP/MLA or hold matters of national
office of profit security,
international
relations, atomic
energy, space
- Has Inquiry Wing
+ Prosecution
Wing
- Works with CBI &
CVC
- Can initiate
inquiry (including
suo motu through
complaints
framework)
- First Lokpal:
Justice Pinaki
Chandra Ghose
(2019)
- Lokayukta in
states (structure
varies)
National Apex body for Disaster PM (Chairperson) Members appointed No fixed tenure in Ministry of - NDMA → Policy
Disaster disaster Management Act, + up to 9 by PM Constitution/Act Home Affairs - NEC (National
Management management; 2005 Members (one (as prescribed by Executive
Authority Policy formulation, designated as Central Govt) Committee) →
(NDMA) coordination, Vice-Chairperson) Implementation
guidelines - SDMA: CM as
Chairperson
- DDMA: District
Collector as
Chairperson
- Disaster
Management Act
provides legal
framework

Law Recommends legal Non- Chairperson + Central Usually 3 years (not Not specified Can be Ministry of Law - Advisory body
Commission reforms; Reviews constitutional, Members (legal Government fixed in law) (generally retired reconstituted & Justice (recommendations
of India existing laws; non-statutory experts, jurists) + (Ministry of Law SC/HC judges, repeatedly (not not binding)
Suggests (Executive Member Secretary & Justice) legal experts) permanent - Reconstituted
repeal/amendment; Body) body) periodically
Undertakes research - Example: 21st Law
in legal system Commission (2015–
2018)
- Works on
references from
Govt & suo motu
studies

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Body Functions Article/Act Composition Appointment Term Qualifications Removal Resignation Second Term / Further Ministry Additional Notes
Reappointment Employment
National Adjudicates consumer Consumer President + Central 4 years or 70 years President: Removed by Central Eligible for Ministry of - Pecuniary
Consumer disputes of high value; Protection Act, Members (number Government (on (President) / 67 years Sitting/retired SC Central Government reappointment Consumer Affairs jurisdiction: Above
Disputes Appellate authority 2019 prescribed by recommendation (Members) Judge Members: Government on (subject to age ₹2 crore
Redressal over State Central Govt) of Selection Persons of ability, specified grounds limit) - Appeals lie to
Commission Commissions; Committee) integrity & (misbehaviour, Supreme Court
(NCDRC) Protects consumer knowledge in incapacity etc.) - 3-tier structure:
rights consumer affairs, District → State →
law, economics, National
etc. - Consumer
Protection Act 2019
replaced 1986 Act
- Includes e-
commerce disputes
North Advisory body for North Eastern Union Home Members largely Not fixed (as per Ministry of - Statutory advisory
Eastern economic & social Council Act, Minister ex-officio; position held / Development of body
Council development of North 1971 (Amended (Chairperson) Nominated nomination) North Eastern - Covers 8 states:
(NEC) Eastern Region; Acts 2002) Minister of DoNER members by Region (DoNER) Arunachal Pradesh,
as nodal agency for (Vice-Chairperson) President Assam, Manipur,
regional planning & but they are not Meghalaya,
coordination members Mizoram, Nagaland,
Members - Sikkim, Tripura
Governors of 8 NE - 2002 Amendment
States
strengthened role
Chief Ministers of 8
& composition
NE States
3 Members - Focus:
nominated by Infrastructure,
President connectivity,
regional planning
- Works as
coordinating
platform between
Centre & States
Inter-State Promotes coordination Article 263 PM (Chairperson) President (can Not permanent Ministry of Home - Constitutional body
Council between Centre & Chief Ministers of establish if public (meets as needed) Affairs (Inter- (not mandatory)
(ISC) States; Discusses all States Chief interest demands) State Council - Established in 1990
policies, disputes, and Ministers of UTs Secretariat) (Sarkaria
inter-state matters with Legislature Commission
Administrators/LG recommendation)
of UTs - Advisory role
6 Union Ministers - Deals with disputes,
nominated by PM coordination, policy
harmonisation
Zonal Promote cooperation States Union Home Created by Act of Permanent bodies Ministry of Home - Statutory body
Councils among states; Resolve Reorganisation Minister Parliament (1956) Affairs - 5 Zonal Councils:
inter-state issues Act, 1956 (Chairperson) Chief Northern, Central,
(boundary, transport, Ministers of States Eastern, Western,
economic planning, in zone 2 Ministers Southern
etc.) from each State - North Eastern
Administrator of region has NEC
UTs (not Zonal Council)
Chief Secretaries & - Fosters cooperative
Development federalism
Commissioners - Union Home
(Advisors)
Minister = common
Chairperson
[Link] 57
 Body Functions Article/Act Composition Appointment Term Qualifications Removal Resignation Second Term / Further Ministry Additional Notes
Reappointment Employment
National Apex body for Non- Prime Minister Constituted by Not fixed Not applicable Not specified Cabinet - 3-tier structure
Security national security constitutional, (Chairperson) Executive Order Secretariat / PMO ➤ Strategic Policy
Council decision-making; non-statutory Ministers of Home, (1998) Group (SPG) -
(NSC) Advises on internal & (Executive Defence, External policy inputs
external security, Body, 1998) Affairs, Finance
➤ National
strategic affairs, National Security
Security Advisory
defence & foreign Advisor (NSA)
Board (NSAB) -
policy coordination Supported by NSC
Secretariat experts, long-term
strategy
➤ Joint Intelligence
Committee (JIC) –
intelligence
assessment
NSA = key
coordinator
Deals with internal
+ external security
Directorate Enforces economic PMLA 2002, Director + Special Director Minimum 2 years Not specified Removed by Extension Department of - Deals with money
of laws: PMLA, FEMA, FEMA 1999, Directors + Officers appointed by tenure (extendable up (senior IRS/IPS Central Govt (with possible Revenue, Ministry laundering & forex
Enforcement Fugitive Economic FEO Act 2018 Central Govt to 5 years) officer typically) tenure protection) of Finance violations
(ED) Offenders Act; (Appointments - Can
investigates money Committee of attach/confiscate
laundering & foreign Cabinet) property
exchange violations - Not under MHA
(very important
trap)
Directorate Apex anti-smuggling Customs Act, Director General + Central Govt Not fixed Department of - India’s top anti-
of Revenue agency; enforces 1962 Officers Revenue, Ministry smuggling agency
Intelligence Customs Act, 1962; of Finance - Intelligence-driven
(DRI) detects smuggling, operations
commercial frauds - Works closely with
Customs & CBIC
Directorate Provides IT systems, Administrative Director General + Central Govt Not fixed Department of - Supports CBDT
General of data analytics, digital setup under Technical Officers (under Revenue, Ministry (Direct Tax) &
Systems & infrastructure for CBDT & CBIC CBDT/CBIC) of Finance CBIC (Indirect Tax)
Data taxation & - Backbone of digital
Management enforcement tax ecosystem
(GSTN support,
analytics etc.)
- Important for data-
driven governance

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