A Y DADABHAI TECHNICAL INSTITUTE

Mahuvej Road, Behind Old Mariyam Bai Hospital,

Kosamba- 394 120, Dist- Surat, Gujarat.

DEPARTMENT OF INFORMATION TECHNOLOGY

:
Name
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Enrollment No.
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Semester
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Division

INDIAN CONSTITUTION

TUTORIAL
Subject Code : DI02000061
Semester : 2nd
Academic Year : 2024-2025
 A Y DADABHAI TECHNICAL INSTITUTE
Mahuvej Road, Behind Old Mariyam Bai Hospital,
Kosamba- 394 120, Dist- Surat, Gujarat.

VISION AND MISSION OF THE INSTITUTION

VISION
To impart globally competitive education to all its students enabling them to fulfill effectively
the technological and socio-economic needs of the society in a sustainable manner.
MISSION
 Develop technical human resources by imparting the state-of-art skill-based training
programs in accordance with the regional and global needs.

 Nurture innovation and entrepreneurship among the faculty and students which will
offer opportunities for long-term interaction with academia and industries.

 Ensure effective and accountable governance in all aspects associated with the functioning
of the institute for its stakeholders.

VISION AND MISSION OF DEPARTMENT

VISION
To develop the department into an advanced center of learning to train its students to become
computer engineers for contributing towards ever changing needs of the digital world in an
effective manner.

MISSION
 Provide knowledge and skills in accordance with ever changing trends in the market
through effective pedagogies and hands on experience on latest tools and technologies.

 Encourage engineers for innovation and entrepreneurship through lifelong learning

capabilities to fulfill transitional global needs of modern society and industry.

 Enforce crystalline policies and effectively manage multidisciplinary activities for the
benefits of all stake holders.
 A Y DADABHAI TECHNICAL INSTITUTE
Mahuvej Road, Behind Old Mariyam Bai Hospital,
Kosamba- 394 120, Dist- Surat, Gujarat.

PROGRAM EDUCATIONAL OBJECTIVES (PEOS):

A graduate of the Computer Engineering Program should:
Program Educational Objective1: (PEO1)
PEO1 To educate diploma graduates having strong basic fundamentals, field knowledge and
technical skills which is necessary for employment or higher education.
Program Educational Objective2 :( PEO2)
PEO2 To prepare undergraduates having understanding and appreciation of strong professional
ethics and values, social responsibility, effective communication and leadership skills to
become productive engineers both as individuals and in team environment.
Program Educational Objective3: (PEO3)
PEO3 To prepare committed diploma graduates capable of adopting new technologies and elevate
their skills through professional practice, further education and training towards lifelong
learning.

PROGRAM OUTCOMES (POS):

Basic and Discipline specific knowledge: To Pertain Knowledge regarding Mathematics,

PO1
Basic Science and Computer engineering fundamental for Simplification of problems.
Problem analysis: A Capability to solve real world Problems by identification, Analysis
PO2 and implementation.
Design/development of solutions: To apply Technical Knowledge and Programming Skill
PO3 for effective solution to user problems and to provide assistance.
Engineering Tools, Experimentation and Testing: An ability to use modern tools and
PO4 technologies to design and test computer field application.
Engineering practices for society, sustainability and environment : Ability to solve
PO5 technical issues of Software, Hardware and Networking and effectively implement within
realistic constraints such as Economical, Social, Environmental and ethical Consideration.
Project Management : To avail knowledge of engineering and management and engage it for
PO6 project development, conduction and finance management both as an individuals and as a
member of team or leader.
Life-long learning : To analyze individuals needs with excellent programming, current
PO7 technologies and problem solving methods in contexts of technological changes.
 A Y DADABHAI TECHNICAL INSTITUTE
Mahuvej Road, Behind Old Mariyam Bai Hospital,
Kosamba- 394 120, Dist- Surat, Gujarat.

PROGRAM SPECIFIC OUTCOMES (PSOS):

Ability to apply logical and mathematical strategies to solve complex computational and real
PSO1 time problems using proper data structure and appropriate algorithm.

Ability to understand principles and working of computer system and all the security concerns
PSO2 regarding network and software application.

Ability to understand design, development and testing methodologies of software, Networking

PSO3 and Mobile Application.

COURSE OUTCOME

01 List salient features and characteristics of the constitution of India

Follow fundamental responsibilities, privileges, rights and duties as responsible

02
citizen and engineer of the country.

03 Differentiate between state and central administrative setup of the country.

04 Explain major constitutional amendment procedures and emergency provisions in the

country.

05 Explain judicial setup and electoral process of the country.

 A Y DADABHAI TECHNICAL INSTITUTE
Mahuvej Road, Behind Old Mariyam Bai Hospital,
Kosamba- 394 120, Dist- Surat, Gujarat.

INDEX
Sr.
TOPIC COS Date Marks SIGN
NO.

1 Constitution and Preamble CO1

2 Fundamental Rights and Directive Principles CO2

3 Federal Structure CO3

4 Governance and Amendments CO4

5 Judicial System and Election Commission on & CO5

National Green Tribunal

Faculty sign
Subject: Indian Constitution Subject Code: DI02000061

Unit 1: Constitution and Preamble

Meaning of Constitution and Historical Perspective

1.1 Meaning of the Constitution of India

The Constitution is the supreme law of the land. It lays down the framework for the political
principles, procedures, powers, and duties of government institutions. It also defines the rights and
duties of citizens.

 In India, the Constitution:

o Establishes the structure of the government (Legislature, Executive, Judiciary).
o Defines the relationship between the citizens and the state.
o Provides fundamental rights, duties, and directive principles of state policy.

The Constitution of India is considered the longest written constitution in the world and provides a
comprehensive legal and institutional framework.

1.2 Historical Perspective of the Constitution of India

The making of the Indian Constitution involved several important milestones:

1. British Rule and Acts:

o Various acts like the Regulating Act of 1773, Government of India Acts (1919, 1935)
laid early administrative foundations.
2. Indian Independence Movement:
o Leaders demanded self-rule and constitutional reforms.
3. Formation of the Constituent Assembly (1946):
o Established to draft the Constitution.
o Dr. B.R. Ambedkar was the Chairman of the Drafting Committee.
4. Adoption:
o Adopted: 26th November 1949
o Came into effect: 26th January 1950 (celebrated as Republic Day)

Salient Features of the Constitution of India

1.3 Salient Features of the Indian Constitution

The Constitution of India is unique and has the following salient features:

1. Written and Lengthy Constitution:

o Contains 395 Articles, 22 Parts, and 12 Schedules (originally 8).
2. Drawn from Multiple Sources:
o Inspired by the constitutions of the UK, USA, Ireland, Canada, etc.
3. Federal System with Unitary Bias:
o Powers divided between Centre and States, but Centre has more authority in times of
emergency.
4. Parliamentary Form of Government:
o Dual executive: President (nominal head), Prime Minister (real head).
5. Fundamental Rights and Duties:

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Subject: Indian Constitution Subject Code: DI02000061

o Guarantees civil liberties like freedom of speech, religion, etc.

6. Directive Principles of State Policy:
o Guidelines for the state to ensure social and economic democracy.
7. Independent Judiciary:
o Ensures rule of law and protection of fundamental rights.
8. Secular State:
o No official religion; equal treatment to all religions.
9. Single Citizenship:
o All Indians are citizens of India only (no separate state citizenship).
10. Universal Adult Franchise:

 All citizens above 18 years can vote without discrimination.

Characteristics of the Constitution of India

1c. Characteristics of the Constitution

The Constitution of India is characterized by the following:

1. Sovereign:
o India is independent in internal and external matters.
2. Socialist:
o Aims for equal distribution of wealth, social justice.
3. Secular:
o The state maintains neutrality in religious matters.
4. Democratic:
o Government is elected by the people, for the people.
5. Republic:
o The head of the state (President) is elected, not hereditary.
6. Flexibility with Rigidity:
o Amendments can be made easily in some parts, while others need special procedures.
7. Balance Between Rights and Duties:
o Provides both individual rights and obligations toward the nation.

Preamble of the Constitution

1a & 1.4 Meaning of the Preamble of the Constitution

The Preamble is the introductory statement of the Constitution. It reflects the core values and
philosophy on which the Constitution is based.

Text of the Preamble:

“We, the people of India, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
Justice, social, economic and political;
Liberty of thought, expression, belief, faith and worship;
Equality of status and opportunity;
And to promote among them all
Fraternity assuring the dignity of the individual and the unity and integrity of the Nation;

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In our Constituent Assembly this 26th day of November, 1949, do hereby adopt, enact and give to
ourselves this Constitution.”

Meaning and Importance:

 "We, the people of India" – shows that the power rests with the people.
 The keywords (Sovereign, Socialist, Secular, etc.) highlight the principles of governance.
 The Preamble serves as a guiding light for interpreting the Constitution.

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Subject: Indian Constitution Subject Code: DI02000061

Unit 2: Fundamental Rights and Directive Principles

Exercise 1: Conceptual Understanding

1. List and explain the six Fundamental Rights under Part III of the Indian Constitution.
The Fundamental Rights (Articles 12–35) are enshrined in Part III of the Indian Constitution. They
guarantee essential freedoms to citizens and protect them against arbitrary state actions. Below is a
detailed explanation of the six Fundamental Rights:

1. Right to Equality (Articles 14–18)

2. Right to Freedom (Articles 19–22)
3. Right against Exploitation (Articles 23–24)
4. Right to Freedom of Religion (Articles 25–28)
5. Cultural and Educational Rights (Articles 29–30)
6. Right to Constitutional Remedies (Article 32)

1. Right to Equality (Articles 14–18)

Article 14: Equality before law and equal protection of laws.
Article 15: Prohibits discrimination based on religion, race, caste, sex, or place of birth.
Article 16: Equality of opportunity in public employment.
Article 17: Abolishes untouchability.
Article 18: Abolishes titles (except military/academic).
Significance: Ensure social justice and prevents discrimination.

2. Right to Freedom (Articles 19–22)

Article 19: Guarantees 6 freedoms:

 Speech & expression

 Peaceful assembly
 Forming associations/unions
 Free movement across India
 Residence & settlement in any part of India
 Profession/occupation/trade/business (reasonable restrictions apply).

Article 20: Protection against:

 Ex-post facto laws (cannot be punished for an act that was legal when committed).
 Double jeopardy (cannot be tried twice for the same offense).
 Self-incrimination (cannot be forced to testify against oneself).

Article 21: Right to life & personal liberty (expanded to include privacy, health, etc.).

Article 21A: Right to free & compulsory education (6–14 years).

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Article 22: Protection against arbitrary arrest & detention.

3. Right Against Exploitation (Articles 23–24)

Article 23: Prohibits:
 Human trafficking.
 Forced labor/beggar (bonded labor).

Article 24: Bans child labor (<14 years) in factories/mines/hazardous jobs.

Significance: Protects vulnerable groups from exploitation.

4. Right to Freedom of Religion (Articles 25–28)

Article 25: Freedom of conscience & free profession/practice/ propagation of religion.
Article 26: Freedom to manage religious affairs (subject to public order).
Article 27: No taxation for promoting any religion.
Article 28: No religious instruction in govt-funded schools.

Significance: Upholds India’s secular character.

5. Cultural & Educational Rights (Articles 29–30)

Article 29: Protects cultural/linguistic rights of minorities.
Article 30: Minorities can establish & administer educational institutions.

Significance: Preserves diversity & minority rights.

6. Right to Constitutional Remedies (Article 32)

Article 32: Allows citizens to move to the Supreme Court for enforcement of Fundamental Rights.

2. Differentiate between Fundamental Rights and Directive Principles of State Policy (DPSP).
- Answer:
Fundamental Rights DPSP

Enforceable by courts (justiciable). Non-enforceable (non-justiciable).

Aim to protect individual liberties. Aim to promote social and economic welfare.

Negative obligations (restrict state interference). Positive obligations (guide state policy).

3. Explain the significance of Fundamental Duties (Article 51A) with two examples relevant to
engineers.
- Answer:

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Subject: Indian Constitution Subject Code: DI02000061

- Significance: Encourage civic responsibility and uphold constitutional values.

- Examples for Engineers:
1. Duty to protect the environment (Article 51A(g)) → Follow eco-friendly practices in
construction.
2. Duty to develop scientific temper (Article 51A(h)) → Innovate sustainable technologies.

Exercise 2: Case Study

4. Summarize Maneka Gandhi vs Union of India (1978) in 5 points.
- Answer:
1. Expanded Article 21 (Right to Life) to include "right to travel abroad."
2. Established that procedures depriving liberty must be fair, just, and reasonable.
3. Linked Articles 14, 19, and 21—laws affecting personal liberty must satisfy all three.
4. Upheld due process of law over mere "procedure established by law."
5. Strengthened judicial review of executive actions.

Exercise 3: Application
5. Scenario Solution:
- Actions:
1. File a Public Interest Litigation (PIL) under Article 32 for violation of Article 21 (Right to
Life).
2. Report to the National Green Tribunal (NGT) under Environmental Protection Act.

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Subject: Indian Constitution Subject Code: DI02000061

Unit 3: Federal Structure

Analysis of India's Governance Structure, Federal Division of Powers, and Uniform Civil Code
Debate

1. India's Governance Structure: A Three-Tier System

- Union Government
- State Government
- Local Government
- Checks and Balances

2. Federal Division of Powers: The 7th Schedule of the Indian Constitution

- Union List
- State List
- Concurrent List
- Residuary Powers
- Conflicts and Resolution Mechanisms

3. The Uniform Civil Code Debate: Central vs. State Perspectives

- Constitutional Provisions
- Arguments For a Uniform Civil Code
- Arguments Against a Uniform Civil Code
- Judicial Pronouncements
- Comparative Analysis with Other Countries

1. India's Governance Structure: A Three-Tier System

Union Government
The Union Government operates at the national level and consists of the following key institutions:

1.1 The President

- Role: The constitutional head of India (Article 52).
- Powers:
- Executive powers (appoints PM, ministers, governors).
- Legislative powers (summons Parliament, approves bills).
- Emergency powers (Articles 352, 356, 360).
- Election: Indirectly elected by an Electoral College (MPs + MLAs).

1.2 The Prime Minister & Council of Ministers

- Role: Real executive authority (Article 74).
- Functions:
- Heads the government, advises the President.
- Formulates national policies (Defence, Finance, Foreign Affairs).

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- Leads the Lok Sabha (must maintain majority).

1.3 Parliament (Bicameral Legislature)

- Lok Sabha (Lower House):
- 543 directly elected members.
- Term: 5 years (unless dissolved earlier).
- Key powers: Money Bills, No-Confidence Motions.
- Rajya Sabha (Upper House):
- 245 members (233 elected by states, 12 nominated).
- Permanent body (1/3 members retire every 2 years).
- Represents states in legislation.

1.4 Supreme Court

- Role: Guardian of the Constitution (Article 32).
- Functions:
- Final interpreter of laws.
- Judicial review (can strike down unconstitutional laws).
- Protects Fundamental Rights.

State Government
Each state has its own government with a structure mirroring the Union.

2.1 The Governor

- Role: Nominal head (appointed by President).
- Powers:
- Assents to state bills.
- Recommends President’s Rule (Article 356).

2.2 Chief Minister & Council of Ministers

- Role: Real executive authority (like PM at state level).
- Functions:
- Implements state policies (Education, Health, Police).
- Heads the Vidhan Sabha (must maintain majority).

2.3 State Legislature

- Vidhan Sabha (Legislative Assembly):
- Directly elected members (5-year term).
- Approves state budgets and laws.
- Vidhan Parishad (Legislative Council):
- Only in some states (e.g., UP, Maharashtra).
- Acts as a revising chamber.

2.4 High Court

- Role: Highest judicial body at the state level.

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Subject: Indian Constitution Subject Code: DI02000061

- Functions:
- Supervises lower courts.
- Issues writs for Fundamental Rights enforcement.

Local Government (Panchayati Raj & Municipalities)

3.1 Rural Local Bodies (Panchayati Raj)
- Gram Panchayat (Village Level):
- Elected Sarpanch + members.
- Manages local infrastructure, sanitation.
- Block Panchayat (Intermediate Level):
- Coordinates multiple villages.
- Zila Panchayat (District Level):
- Oversees development programs.

3.2 Urban Local Bodies (Municipalities)

- Municipal Corporation (Big Cities):
- Mayor + Councillors.
- Manages water supply, roads, waste.
- Municipal Council (Small Towns).

3.3 Constitutional Backing (73rd & 74th Amendments)

- Article 243: Mandates elections every 5 years.
- Reservations: 33% seats for women, SC/ST representation.

2. Federal Division of Powers: The 7th Schedule

The 7th Schedule divides legislative powers between the Union and States via three lists:

Union List (100 Subjects)

- Exclusive to Parliament:
- Defence (Army, Navy, Air Force).
- Foreign Affairs (Treaties, Diplomacy).
- Currency & RBI.
- Atomic Energy.

State List (61 Subjects)

- Exclusive to States:
- Police & Public Order.
- Agriculture.
- Public Health.
- Liquor prohibition.
Concurrent List (52 Subjects)
- Both Union & States Can Legislate:
- Education.

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Subject: Indian Constitution Subject Code: DI02000061

- Marriage & Divorce.

- Bankruptcy.
- Conflict Rule: Union law prevails (Article 254).

Residuary Powers (Article 248)

- Any subject not listed goes to the Union (e.g., Cyber Laws).

Dispute Resolution
- Inter-State Council (Article 263): Mediates conflicts.
- Supreme Court: Final arbiter under Article 131.

3. Uniform Civil Code Debate: Central vs. State Perspectives

Constitutional Provisions
- Article 44 (DPSP): Encourages a UCC for gender justice.
- Article 25-28: Protects religious freedom.
- Article 371: Special provisions for some states (e.g., Northeast).

Arguments For UCC

1. Gender Equality: Bans discriminatory practices (e.g., Triple Talaq).
2. National Integration: One law for all citizens.
3. Modernization: Replaces archaic personal laws.

Arguments Against UCC

1. Violates Minority Rights: Interferes with religious customs.
2. Federalism Issue: States like Goa have their own civil codes.
3. Implementation Challenges: Diverse cultural practices.

Judicial Stand
- Shah Bano Case (1985): Highlighted need for UCC.
- Sarla Mudgal Case (1995): Called for gender-neutral laws.

Global Comparisons
- France: Strict secular UCC.
- USA: No UCC; state-specific family laws.

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Subject: Indian Constitution Subject Code: DI02000061

Unit 4: Governance and Amendments

Key Constitutional Amendments, Emergency Provisions, and Panchayati Raj

1. Major Constitutional Amendments: A Historical Timeline

- 42nd Amendment (1976): The "Mini-Constitution"
- 44th Amendment (1978): Restoring Democratic Safeguards
- 86th Amendment (2002): Right to Education as a Fundamental Right

2. Emergency Provisions: A Double-Edged Sword

- Constitutional Basis (Articles 352-360)
- The 1975 National Emergency: A Case Study
- Safeguards Introduced by the 44th Amendment

3. 73rd Amendment and Panchayati Raj: Revolutionizing Grassroots Democracy

- Key Features of the Amendment
- Impact on Rural Governance
- Challenges and Way Forward

1. Major Constitutional Amendments: A Historical Timeline

1.1 42nd Amendment (1976): The "Mini-Constitution"

Context: Enacted during the Indira Gandhi-led Emergency (1975-77).
Key Changes:
- Preamble Alterations: Added words "Socialist," "Secular," and "Integrity."
- Fundamental Duties: Inserted Article 51A (10 duties for citizens).
- Directive Principles:
- Strengthened DPSPs over Fundamental Rights (Article 31C).
- Added new principles (e.g., environmental protection, free legal aid).
- Judiciary:
- Limited judicial review (Article 368).
- Made President bound by Cabinet advice (Article 74).

Controversies:
- Criticized for centralizing power and undermining federalism.
- Parts struck down in Kesavananda Bharati Case (Basic Structure Doctrine).

1.2 44th Amendment (1978): Restoring Democratic Safeguards

Context: Post-Emergency reforms to prevent abuse of power.
Key Changes:
- Emergency Provisions:
- "Internal Disturbance" replaced with "Armed Rebellion" (Article 352).
- Mandatory Cabinet approval for Emergency proclamation.

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Subject: Indian Constitution Subject Code: DI02000061

- Judicial Review:
- Restored Supreme Court’s power to review Emergency (Article 359).
- Right to Property:
- Removed as a Fundamental Right (became a legal right under Article 300A).
- President’s Rule:
- Limited to 1 year unless approved by Parliament (Article 356).

Significance:
- Rebalanced power between Legislature and Judiciary.

1.3 86th Amendment (2002): Right to Education

Context: Aligning with UN’s Education For All goals.
Key Changes:
- Article 21A: Made free & compulsory education (6–14 years) a Fundamental Right.
- Article 45: Expanded to include early childhood care (0–6 years).
- Article 51A(k): Added duty for parents to educate children.

Implementation:
- RTE Act (2009):
- 25% reservation in private schools for disadvantaged groups.
- No detention policy till Class 8 (later amended).

2. Emergency Provisions: A Double-Edged Sword

2.1 Constitutional Basis (Articles 352–360)
- National Emergency (Article 352): War/External Aggression/Armed Rebellion.
- President’s Rule (Article 356): State failure to follow Constitution.
- Financial Emergency (Article 360): Threat to financial stability.

2.2 The 1975 Emergency: A Case Study

Trigger: Allahabad HC invalidated Indira Gandhi’s election (1975).
Actions Taken:
- Fundamental Rights suspended (including Article 21).
- Press censorship; political opponents jailed.
- 42nd Amendment passed to centralize power.

Aftermath:
- Janata Party repealed abuses via 44th Amendment (1978).

2.3 Safeguards Post-44th Amendment

- Judicial Oversight: Courts can review Emergency declarations.
- Time Limit: President’s Rule max 3 years (with Parliament approval).

3. 73rd Amendment and Panchayati Raj

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Subject: Indian Constitution Subject Code: DI02000061

3.1 Key Features

- Constitutional Status: Added Part IX (Articles 243–243O).
- Three-Tier System: Gram Panchayat → Block Panchayat → Zila Parishad.
- Reservations:
- 33% seats for women (now 50% in many states).
- SC/ST representation in proportion to population.
- Functions:
- Economic development (MGNREGA).
- Social justice (health, education).

3.2 Impact on Rural Governance

- Empowerment: 3 million elected representatives (50% women).
- Challenges:
- Fiscal dependency on states.
- Corruption in fund utilization.

3.3 Way Forward

- Financial Autonomy: Direct central grants (e.g., Finance Commission).
- Capacity Building: Training for elected members.

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Subject: Indian Constitution Subject Code: DI02000061

Unit 5: Judicial System and Election Commission

Exercise 1: Terminology Match – In-Depth Understanding

1. Judicial Review

Definition:
Judicial Review is the power vested in the judiciary, especially the Supreme Court and High Courts
in India, to review laws passed by the legislature and actions taken by the executive. If these laws or
actions are found to violate the Constitution of India, the judiciary has the authority to declare them
null and void.

Importance:

 Ensures that no law is above the Constitution.

 Acts as a check on the abuse of power by the executive and legislature.
 Protects citizens' fundamental rights.

Example:
In cases like Minerva Mills v. Union of India (1980), the Supreme Court struck down parts of
constitutional amendments that violated the "basic structure" of the Constitution.

2. PIL (Public Interest Litigation)

Definition:
Public Interest Litigation (PIL) is a legal remedy under Indian law that allows any individual or
organization to file a petition in the court for a public cause, even if they are not directly affected. It
was introduced to make justice more accessible, especially to marginalized and underrepresented
groups.

Features:

 Can be filed by any citizen or NGO.

 No requirement of personal interest in the case.
 Focuses on matters of public concern: environment, human rights, corruption, etc.

Example:

 MC Mehta v. Union of India – cases related to environmental protection like Ganga river
pollution and vehicular emissions in Delhi.

3. NGT (National Green Tribunal)

Definition:
The National Green Tribunal is a specialized judicial body established in 2010 under the National
Green Tribunal Act. It deals exclusively with environmental disputes, providing speedy and efficient
resolution.

Powers and Functions:

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Subject: Indian Constitution Subject Code: DI02000061

 Has the authority to penalize polluters.

 Deals with matters related to environmental protection and conservation of forests and natural
resources.
 Ensures the enforcement of legal rights related to the environment.

Key Cases:

 The Art of Living Foundation's World Culture Festival on the Yamuna floodplains—NGT
imposed a fine for environmental damage.

Exercise 2: The Electoral Process in India – Step-by-Step Explanation

Elections are the backbone of a democratic system. India, being the world's largest democracy,
follows a systematic electoral process to ensure free and fair elections.

1. Voter Registration

Eligible citizens (18 years or older) must register with the Election Commission of India to vote.
They receive a Voter ID card upon registration.

Steps:

 Filling out Form 6 (online or offline)

 Providing proof of age, identity, and residence
 Verification by Booth Level Officer (BLO)

2. Nomination of Candidates

Political parties and independent candidates file nominations for contesting elections.

Key points:

 Filing of nomination papers with the Election Commission.

 Disclosure of criminal records, assets, and liabilities.
 Scrutiny and acceptance/rejection of nomination papers.

3. Campaigning

Once nominations are finalized, candidates and parties begin their election campaigns to connect
with voters and present their agendas.

Highlights:

 Door-to-door canvassing, public meetings, media advertisements.

 Model Code of Conduct enforced to ensure fair play.
 Campaigning stops 48 hours before the voting day.

4. Voting (EVMs)

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Elections are conducted using Electronic Voting Machines (EVMs) to ensure transparency and
speed.

Process:

 Voter identification at polling booths.

 Finger ink mark to prevent repeat voting.
 Casting vote through the EVM and verification via VVPAT (Voter Verifiable Paper Audit
Trail).

5. Counting of Votes

Votes are counted under the supervision of the Election Commission after polling ends across all
constituencies.

Details:

 Counting usually happens in multiple rounds.

 VVPAT slips from randomly selected booths are also counted for cross-checking.

6. Result Declaration

The final results are announced after complete vote counting. The candidate with the highest number
of votes in each constituency is declared elected.

Post-Result:

 Winning candidates receive certificates of election.

 Party or coalition with majority seats forms the government.

Exercise 3: Case Analysis – Kesavananda Bharati Case (1973)

Background:

The Kesavananda Bharati v. State of Kerala case is one of the most significant constitutional cases in
Indian legal history. It dealt with the extent of Parliament’s power to amend the Constitution.

Facts of the Case:

Kesavananda Bharati, the head of a religious mutt in Kerala, challenged the Kerala government’s
attempts to impose land reforms under laws protected by the Ninth Schedule of the Constitution. The
challenge was based on the grounds that these laws violated his fundamental rights.

Judgment:

In a 13-judge bench—the largest in Indian history—the Supreme Court ruled by a 7:6 majority that
while Parliament has wide powers to amend the Constitution under Article 368, it cannot alter or
destroy the "basic structure" of the Constitution.

Basic Structure Doctrine:

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The doctrine formulated from this case states that certain fundamental features of the Constitution
cannot be changed by any amendment. These include:

 Supremacy of the Constitution

 Rule of Law
 Independence of the Judiciary
 Secularism and Democracy
 Federal Character of the State

Significance:

 It established judicial supremacy in constitutional matters.

 Ensured checks and balances between the organs of government.
 Became a safeguard against authoritarianism or arbitrary changes to the Constitution.

Legacy:

The "basic structure doctrine" has since been invoked in many landmark judgments including:

 Indira Nehru Gandhi v. Raj Narain (1975)

 Minerva Mills v. Union of India (1980)
 SR Bommai v. Union of India (1994)

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