1.

Union Legislature (Parliament)

Structure of Parliament (Ar cle 79)

 The Parliament of India consists of:

o President of India

o Rajya Sabha (Council of States)

o Lok Sabha (House of the People)

 President is an integral part of Parliament but does not sit or par cipate in daily
proceedings.

Note: Parliament is a bicameral body (two houses) + President.

Lok Sabha (House of the People)

▪ Composi on and Elec on (Ar cle 81)

 Maximum strength: 552 members

o 530 from States

o 20 from Union Territories

o 2 Anglo-Indian members (Ar cle 331; now abolished by 104th Amendment,

2020).

 Elected directly by the people using Universal Adult Franchise.

▪ Tenure and Dissolu on (Ar cle 83)

 Normal tenure: 5 years from the first si ng.

 Can be dissolved earlier by the President on advice of Council of Ministers.

 During Na onal Emergency, tenure can be extended by Parliament by one year at a

me.

▪ Speaker and Deputy Speaker (Ar cles 93-94)

 Speaker: Presides over Lok Sabha, maintains order, decides on money bills.

 Deputy Speaker: Acts as Speaker in his/her absence.

 Elec on: Both are elected by Lok Sabha members.

 Rajya Sabha (Council of States)

▪ Composi on (Ar cle 80)

 Maximum strength: 250 members

o 238 elected by States and Union Territories (Indirect elec on by legisla ve

assemblies)

o 12 nominated by President (persons with special knowledge in art, literature,

science, and social service).

▪ Role and Powers

 Permanent House: It is never dissolved.

 1/3rd members re re every 2 years (biennial elec ons).

 Important func ons:

o Reviews and delays (but rarely blocks) legisla on.

o Protects interests of States.

o Can authorize Parliament to make laws on State List (Ar cle 249).

o Par cipates in Cons tu onal Amendments equally with Lok Sabha.

Law-Making Procedure in Parliament

▪ Ordinary Bills (Ar cles 107-108)

 Can originate in either House.

 Must be passed by both Houses and then get President's assent.

▪ Money Bills (Ar cles 110-111)

 Introduced only in Lok Sabha, not Rajya Sabha.

 Defined in Ar cle 110.

 Rajya Sabha can only recommend amendments within 14 days; Lok Sabha may accept or
reject recommenda ons.

 President can either assent or send it back for reconsidera on, but cannot reject.
▪ Financial Bills

 Two types under Ar cle 117:

o Financial Bills (I): similar to Money Bills but wider in scope.

o Financial Bills (II): ordinary bills but involving expenditure.

▪ Cons tu onal Amendment Bills (Ar cle 368)

 Can be introduced in either House.

 Requires special majority (2/3rd present and vo ng + majority of total membership).

 President must assent; cannot withhold or return.

Parliamentary Privileges (Ar cles 105 and 194)

 Freedom of Speech in Parliament.

 Immunity from court proceedings for anything said or voted in Parliament.

 Collec ve privileges of the House and individual privileges of members.

 Parliament can define its privileges un l codified by law.

An -Defec on Law (Tenth Schedule)

 Added by 52nd Amendment Act, 1985.

 Disqualifies members if:

o They voluntarily give up membership of their party.

o They vote/abstain against party direc ons without permission.

 Speaker (for Lok Sabha) and Chairman (for Rajya Sabha) decide disqualifica on.

 91st Amendment Act, 2003:

o Removed provisions of bulk defec ons (1/3rd rule).

2. State Legislature (Ar cles 168-212)

Structure of State Legislature

▪ Unicameral and Bicameral Legislatures

 Unicameral: Only Legisla ve Assembly (e.g., Kerala, Punjab).

 Bicameral: Legisla ve Assembly + Legisla ve Council (e.g., U ar Pradesh, Bihar).

▪ Legisla ve Assembly (Vidhan Sabha)

 Directly elected body.

 Minimum strength: 60 members (excep ons for small states like Sikkim, Goa).

 Maximum strength: 500 members.

 Tenure: 5 years (can be dissolved earlier).

▪ Legisla ve Council (Vidhan Parishad)

 Indirectly elected.

 Strength: About 1/3rd of Assembly, not exceeding 1/3rd of Assembly strength (Ar cles 171).

 Role: Advisory, can delay but not block legisla on.

Law-Making Procedure in State Legislatures

 Similar to Parliament.

 Money Bills must originate in Legisla ve Assembly.

 Governor’s Assent is necessary.

 In bicameral states, Council can delay a bill for 14 days but cannot reject.

Quick Visual Table: Parliament vs State Legislature

Feature Parliament State Legislature

Head President Governor

Houses Lok Sabha + Rajya Sabha Assembly (+Council if bicameral)

Money Bill Introduc on Only Lok Sabha Only Legisla ve Assembly

Tenure of Lower House 5 years 5 years

Dissolu on Power President Governor

 Summary Points:

 Parliament = Lok Sabha + Rajya Sabha + President.

 Lok Sabha = Lower House (direct elec on), Rajya Sabha = Upper House (indirect
elec on).

 Money Bills have special procedure and privileges.

 State Legislatures can be unicameral or bicameral.

 Parliamentary privileges and An -Defec on Law uphold integrity of legislature.

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1. Union Execu ve (Ar cles 52–78)

The Union Execu ve consists of:

 President of India (Head of the State)

 Vice President

 Prime Minister

 Council of Ministers

 A orney General of India (not men oned in the heading but part of Execu ve)

President of India

▪ Elec on (Ar cles 54–55)

 Indirect elec on by an electoral college:

o Elected members of both Houses of Parliament.

o Elected members of Legisla ve Assemblies of States + UTs (Delhi, Puducherry).

 Propor onal Representa on by Single Transferable Vote (STV).

 Vo ng is secret and weighted (value of votes based on popula on and state).

Powers and Func ons (Ar cles 52–62)

1. Execu ve Powers:

o Appoints Prime Minister, other Ministers, Governors, CAG, UPSC members, etc.

o Supreme Commander of Armed Forces.

2. Legisla ve Powers:

o Summons and prorogues Parliament.

o Gives assent to bills.

o Nominates 12 Rajya Sabha and 2 Anglo-Indians (now abolished).

o Can issue ordinances (Art. 123).

3. Judicial Powers:

o Appoints judges.

o Grants pardon, reprieve, commuta on (Art. 72).

4. Emergency Powers:

o Declares Na onal, State, and Financial Emergencies.

5. Diploma c & Misc. Powers:

o Represents India in foreign affairs.

▪ Ordinance-Making Power (Ar cle 123)

 When Parliament is not in session, President can promulgate an ordinance having force
of law.

 Must be approved within 6 weeks of reassembly of Parliament.

Vice President of India

▪ Role and Func ons (Ar cles 63–67)

 Ex-officio Chairman of Rajya Sabha.

 Elected by both Houses of Parliament (only MPs), using STV.

  Acts as President during vacancy (resigna on, death, removal) un l new President is
elected.

 Term: 5 years, but can con nue un l successor takes office.

Prime Minister and Council of Ministers

▪ Appointment and Powers (Ar cles 74–75)

 PM is appointed by the President, usually the leader of the majority party in Lok Sabha.

 Council of Ministers is appointed on PM’s advice.

 The real execu ve authority rests with PM + CoM.

▪ Powers and Responsibili es

 Heads the government and Council of Ministers.

 Advises President in all cons tu onal func ons.

 Guides, directs, and coordinates work of Ministers.

 Leader of Lok Sabha (if a member).

 Represents na on interna onally.

▪ Collec ve Responsibility

 En re Council is collec vely responsible to Lok Sabha.

 If Lok Sabha passes no-confidence mo on, all Ministers including PM must resign.

2. State Execu ve (Ar cles 153–167)

State Execu ve includes:

 Governor (cons tu onal head)

 Chief Minister

 Council of Ministers

 Advocate General of the State

 Governor

▪ Powers, Func ons, and Role (Ar cles 153–162)

 Appointed by the President for a term of 5 years.

 Must act as a nominal head, func oning under advice of State Council of Ministers.

▪ Execu ve Powers:

 Appoints Chief Minister and Ministers, Advocate General, State Elec on Commissioner,
etc.

 All execu ve ac ons are taken in Governor’s name.

▪ Legisla ve Powers:

 Summons, prorogues, and dissolves State Legislature.

 Gives assent to Bills or reserves them for the President.

 Can nominate 1 Anglo-Indian member (now abolished).

 Can issue ordinances (Art. 213).

▪ Discre onary Powers:

 Appoin ng CM in a hung assembly.

 Sending a report to President recommending President’s Rule (Art. 356).

 Reserving a Bill for Presiden al assent.

Chief Minister and Council of Ministers

▪ Responsibili es (Ar cles 163–164)

 Chief Minister is the real execu ve head in the State.

 Appointed by Governor; other Ministers appointed on CM’s advice.

 Council of Ministers is collec vely responsible to Legisla ve Assembly.

▪ Func ons of CM:

 Heads the Council of Ministers.

 Advises Governor.
  Leader of Legisla ve Assembly (if a member).

 Coordinates between ministers and departments.

Governor’s Ordinance Making Power (Ar cle 213)

 When State Legislature is not in session, Governor can issue ordinances.

 It must be laid before the legislature and will cease a er 6 weeks from its reassembly
unless approved.

 Has same force as a law passed by the legislature.

Summary Pointers

Execu ve Union State

Head President Governor

Real Power PM & CoM CM & CoM

Ordinance Power Ar cle 123 Ar cle 213

Discre onary Role Rare More frequently exercised

Responsibility CoM to Lok Sabha CoM to Legisla ve Assembly

1. Union Judiciary – Supreme Court (Ar cles 124–147)

Composi on & Appointment (Ar cles 124–126)

 Cons tu onal authority and apex court of India.

 Composed of:

o Chief Jus ce of India (CJI)

o Not more than 33 other judges (subject to change by Parliament).

 Appointed by the President, following consulta on with CJI and senior judges
(Collegium System).
Qualifica ons for Appointment

 Ci zen of India.

 At least 5 years as High Court judge, or

 10 years as an advocate in a High Court, or

 Dis nguished jurist (rarely used).

Tenure and Removal (Ar cle 124(2) & (4))

 Hold office un l age of 65.

 Removal by President on impeachment by Parliament:

o For proved misbehavior or incapacity.

o Requires special majority in both Houses under the Judges (Inquiry) Act, 1968.

Jurisdic on and Powers of Supreme Court

Original Jurisdic on (Ar cle 131)

 Disputes between:

o Centre and State(s),

o One State and another.

 Only Supreme Court can hear such ma ers.

Appellate Jurisdic on (Ar cles 132–134A)

 Appeals in civil, criminal, or cons tu onal ma ers from High Courts.

 Condi ons must be met (cer ficate from HC or special leave).

Advisory Jurisdic on (Ar cle 143)

 President may seek advice on any legal ques on.

 Not binding, but highly respected.

Writ Jurisdic on (Ar cle 32)

 Can issue writs (Habeas Corpus, Mandamus, Prohibi on, Cer orari, Quo-Warranto) for
enforcement of Fundamental Rights.
  Known as the “Protector and Guarantor of Fundamental Rights”.

Review and Revisory Power (Ar cle 137)

 Can review its own judgments.

Important Doctrines & Principles

 Doctrine of Judicial Review – Court can review legisla ve and execu ve ac ons.

 Doctrine of Basic Structure – Limits Parliament’s power to amend Cons tu on

(Kesavananda Bhara case, 1973).

 Judicial Ac vism & PIL – Opened doors to Public Interest Li ga on, liberal
interpreta on of rights.

Law Declared by SC is Binding (Ar cle 141)

 Decisions of the Supreme Court are binding on all courts in India.

Supreme Court Rules & Procedure (Ar cle 145)

 Can make rules for regula ng its own procedure.

2. State Judiciary – High Courts (Ar cles 214–231)

High Courts – Composi on and Jurisdic on

 Each State has a High Court; some HC serve mul ple states (e.g., Punjab & Haryana).

 Composed of:

o Chief Jus ce + other judges appointed by President.

▪ Jurisdic on

1. Original Jurisdic on – Over ma ers like elec ons, writs.

2. Appellate Jurisdic on – Civil & criminal appeals.

3. Writ Jurisdic on (Ar cle 226):

o Wider than SC’s under Art. 32 – can issue writs for legal and fundamental rights.
 Appointment & Tenure (Ar cle 217)

 Judges appointed by President, in consulta on with CJI and Governor.

 Tenure: Un l 62 years of age.

 Same process for removal (though no formal impeachment for High Court judges).

3. Subordinate Courts (Ar cles 233–237)

Structure

 District Courts → Civil and Sessions Courts.

 Judges appointed by Governor in consulta on with High Court.

Control of High Courts (Ar cle 235)

 High Courts exercise administra ve and disciplinary control over subordinate judiciary.

4. Other Key Judicial Concepts

Judicial Review

 Power to declare laws or execu ve ac ons uncons tu onal.

 Inherent power under Ar cles 13, 32, and 226.

 A part of the Basic Structure Doctrine.

Doctrine of Poli cal Ques on

 Certain issues (e.g., foreign affairs, policy decisions) are non-jus ciable.

 Judiciary avoids interference.

Independence of Judiciary

 Ensured by:

o Fixed tenure, security of salary.

o Separa on from execu ve (Ar cle 50 – Direc ve Principle).

o Protec on from arbitrary removal.

 Public Interest Li ga on (PIL)

 Liberalized locus standi.

 Any person can approach the court on behalf of a vic m or for public cause.

 Famous cases: Vishaka v. State of Rajasthan, Olga Tellis v. Bombay Municipal Corp.

Quick Comparison: SC vs HC Writ Powers

Feature Supreme Court High Court

Ar cle 32 226

Scope Fundamental Rights only Fundamental + other legal rights

Compulsory Jurisdic on Yes Discre onary

Part of Basic Structure Yes No

2A. Legisla ve Powers (Ar cles 245–255)

1. Territorial Extent of Laws (Ar cle 245)

 Parliament may enact laws for “the whole or any part of India.”

 State Legislatures may make laws for their own State territory.

 Extra-territorial reach: Parliament can legislate for Indian ci zens or en es abroad

(e.g. laws on ci zenship, an -bribery abroad).

In prac ce, this allows uniform na onal legisla on (e.g., penal laws) while preserving State
autonomy within borders.

2. Distribu on of Subjects (Ar cle 246)

Legisla ve subjects are divided by the Seventh Schedule into three Lists:

 Union List (List I)

 o Exclusive to Parliament.

o Contains 97 subjects: Defence, Foreign Affairs, Banking, Atomic Energy,

Ci zenship, etc.

 State List (List II)

o Exclusive to State Legislatures.

o Contains 66 subjects: Police, Public Health, Agriculture, Local Government,

Prisons, etc.

 Concurrent List (List III)

o Both Centre and States may legislate.

o Contains 47 subjects: Educa on, Marriage & Divorce, Forests, Trade Unions,
Electricity, Criminal Law.

Key point: In case of conflict between a Central and State law on a Concurrent List subject,
Central law prevails (Ar cle 254).

3. Parliament’s Power to Legislate on State List Subjects

Even though certain subjects are in the State List, Parliament can step in under specific
circumstances:

 Na onal Interest (Ar cle 249)

o If Rajya Sabha passes a resolu on by a two-thirds majority of members present

and vo ng, Parliament may legislate on any State List ma er for up to one year
(renewable).

 During Emergency (Ar cle 250)

o Na onal Emergency proclama on empowers Parliament to legislate on any

subject, including those in the State List, for the dura on of the emergency.

 With States’ Consent (Ar cle 252)

o Two or more States may pass iden cal resolu ons reques ng Parliament to
legislate on a par cular State List subject; the resul ng Central law applies only
to those consen ng States, unless extended later by other States.

 Interna onal Agreements (Ar cle 253)

 o To implement trea es, conven ons, or interna onal agreements, Parliament
may legislate across the country—even on State List ma ers—ensuring India
meets its global obliga ons.

These provisions balance the need for na onal uniformity (e.g., trade, defence) against States’
cons tu onal autonomy.

4. Inconsistency Between Central and State Laws (Ar cle 254)

 Conflict Resolu on:

o If a State law on a Concurrent List subject contradicts a Central law, Central law
prevails, and the State law is void to the extent of inconsistency.

 Excep on:

o A State law reserved for Presiden al assent, if assented to, can prevail within
that State even if it conflicts with earlier Central law—unless Parliament
subsequently overrides it.

This hierarchy ensures coherent na onal policy while allowing States a limited space to
innovate, subject to Presiden al oversight.

B. Administra ve Powers (Ar cles 256–263)

The Cons tu on imposes on States an obliga on to implement Union laws and empowers the
Centre to supervise and direct State execu ves, ensuring uniform applica on of legisla on
across India (Ar cle 256) and placing reasonable limits on State ac on so as not to impede
Union power (Ar cle 257).

1. Obliga on of States and Control of Union (Ar cles 256–257)

 Ar cle 256
“The execu ve power of every State shall be so exercised as to ensure compliance with
the laws made by Parliament and any exis ng laws which apply in that State; and the
execu ve power of the Union shall extend to the giving of such direc ons to a State as
may appear to the Government of India to be necessary for that purpose.”

o Ensures State execu ves implement both Parliamentary and pre-exis ng laws
without fail.
 o Grants the Union power to issue direc ons to States to secure uniform
enforcement.

 Ar cle 257
Empowers the Union to issue direc ves to any State “if, in the opinion of the President,
it is necessary in the public interest,” and prohibits State ac on that would impede or
prejudice Union execu ve func ons.

o Safeguards na onal integrity by preven ng State measures that conflict with

Union policy.

o Maintains the federal balance, allowing Central interven on only when essen al.

2. Power of Union to Give Direc ons (Ar cle 258)

 Ar cle 258(1)
Notwithstanding any other provision, the President may, with the consent of a State
Government, entrust to that Government or its officers any func on rela ng to a Union
subject, condi onally or uncondi onal.

 Key features:

o Consent of State is mandatory before delega on.

o Applies only to ma ers on which the Union has execu ve authority.

3. Inter-State Water Disputes and Coordina on (Ar cles 262–263)

 Ar cle 262
Parliament may legislate for adjudica on of any dispute regarding use, distribu on, or
control of waters of inter-State rivers or valleys, and may bar all courts from such
jurisdic on.

 Ar cle 263
“If the President is of the opinion that public interests would be served by the
establishment of a Council for inquiry and advice on inter-State disputes,” the President
may cons tute an Inter-State Council by order.

o Promotes consulta on and coordina on among Centre and States on shared

issues.
C. Financial Powers (Ar cles 268–293)

1. Distribu on of Tax Revenues (Ar cles 268–275)

 Ar cle 268
Du es like stamp du es are levied by the Union but collected and appropriated by the
States.

 Ar cle 269
Certain taxes (e.g., estate duty, succession duty, terminal taxes on goods/passengers) are
levied and collected by the Union but assigned wholly to the States.

 Ar cle 270
All other Union-List taxes (except under Ar cles 268–269, 271, and specific cesses) are
levied and collected by the Union and distributed between Centre and States as per
parliamentary law.

 Ar cle 271
Parliament may impose a surcharge on du es and taxes for Union purposes, collected
by the Union but assigned to the State.

 Ar cle 274
Prior recommenda on of the President is required for any bill affec ng taxa on in
which States are interested.

 Ar cle 275
Parliament may provide grants-in-aid charged on the Consolidated Fund of India to
States deemed in need of assistance, with differing sums for different States.

2. Grants-in-Aid (Ar cles 275, 282)

 Ar cle 275 (Statutory Grants)

Grants are mandated by law for States requiring assistance, with sums fixed by
Parliament annually.

 Ar cle 282 (Discre onary Grants)

The Union or a State may make grants for any public purpose, even beyond its
legisla ve competence.

3. Finance Commission – Composi on and Func ons (Ar cle 280)

 The President cons tutes a Finance Commission every five years, comprising a
Chairman and four members, to recommend:

o Distribu on of net proceeds of divisible taxes between Centre and States.

 o Principles governing grants-in-aid.

o Measures to augment resources of Panchayats and Municipali es.

o Other finance-related ma ers referred by the President.

4. Borrowing Powers of Centre and States (Ar cles 292–293)

 Ar cle 292
The Union may borrow upon the security of the Consolidated Fund of India, within
limits fixed by Parliament, and give guarantees within such limits.

 Ar cle 293
A State may borrow within India on its Consolidated Fund, subject to limits fixed by its
Legislature; but it requires Union consent to borrow if any earlier Union loan or
guarantee is outstanding.

3. Doctrines and Principles in Cons tu onal Law

1. Doctrine of Harmonious Construc on

 Essence: When two provisions appear to conflict, they must be read together so that
each retains effect, rather than striking one down.

 Why it ma ers: Preserves the coherence and integrity of the whole Cons tu on.

 Applica on: If a State law seems to clash with a Central law on a Concurrent List subject,
courts a empt to reconcile them before declaring any repugnancy.

2. Doctrine of Pith and Substance

 Essence: Focuses on the “true character” (pith) of a law—its real substance—rather than
its form.

 Why it ma ers: Determines whether a law falls within a legislature’s competence (Union
or State).

 Key case: State of Bombay v. F.N. Balsara — law imposing tax on margarine held valid as
mainly a tax on vegetable oil, not a colourable a empt to invade State List.
3. Doctrine of Repugnancy (Ar cle 254)

 Essence: On Concurrent List subjects, if a State law directly conflicts with an exis ng
Central law, the Central law prevails and the State law is void to the extent of conflict.

 Excep on: A State law reserved for the President’s assent and so assented can prevail
locally unless Parliament later overrides it.

 Effect: Maintains uniformity on shared subjects while allowing limited State innova on.

4. Doctrine of Implied Powers

 Essence: Legislatures may exercise powers not expressly granted if they are logical
extensions of their express powers.

 Why it ma ers: Fills gaps where necessary to give effect to cons tu onal func ons.

 Example: Parliament’s power to establish statutory bodies to carry out its express
legisla ve mandates.

5. Doctrine of Incidental and Ancillary Powers

 Essence: A legislature may enact laws incidental to or necessary for implemen ng its
express powers.

 Why it ma ers: Prevents a narrow reading that would frustrate cons tu onal
objec ves.

 Key case: Union of India v. Deoki Nandan Aggarwal — upheld Centre’s power to make
rules incidental to taxa on.

6. Doctrine of Implied Prohibi on

 Essence: Powers expressly given to one authority imply prohibi on on another authority
exercising those powers.

 Why it ma ers: Enforces the separa on of powers and respect for jurisdic onal limits.

 Example: Once Parliament has exclusive power over defense, States cannot legislate on
it even if not expressly forbidden.
7. Doctrine of Occupied Field

 Essence: If Parliament has enacted a comprehensive code on a subject, States cannot

legislate in that “field” at all.

 Why it ma ers: Ensures a single, na onal framework on ma ers of vital Central

concern.

 Key case: K.C. Gajapa Narayan Deo v. Orissa — Central labour law regime held to
occupy the field, displacing State laws.

8. Doctrine of Colourable Legisla on

 Essence: A legislature cannot do indirectly (in form) what it cannot do directly (in
substance).

 Why it ma ers: Detects and strikes down disguised a empts to exceed cons tu onal
competence.

 Example: A law tled as “regula on” but aimed at raising revenue (State cannot frame
revenue laws on Union List subjects).

9. Doctrine of Territorial Nexus (Ar cle 245)

 Essence: A law is valid if it has a sufficient connec on (nexus) to the territory of the
legislature enac ng it.

 Why it ma ers: Permits extra-territorial legisla on affec ng persons or things outside

the geographic limits if the nexus is clear.

 Example: Consumer protec on law applied to manufacturers outside the State if their
goods enter the State market.

10. Doctrine of Severability

 Essence: If part of a statute is uncons tu onal, that part can be struck down (severed)
while leaving the rest intact, provided the remainder can s ll func on as intended.

 Why it ma ers: Preserves as much of the legislature’s work as possible without

invalida ng an en re Act.
  Applica on: Courts read out offending clauses but retain valid ones.

11. Doctrine of Prospec ve Overruling

 Essence: When courts change an interpreta on, the new rule applies only to future
cases (not retroac vely), unless the court orders otherwise.

 Why it ma ers: Protects exis ng legal and contractual expecta ons from sudden shi s
in law.

 Example: In certain tax or contract disputes, the Supreme Court has expressly made its
ruling prospec ve.

12. Doctrine of Eclipse

 Essence: A pre-cons tu onal law inconsistent with Fundamental Rights does not vanish
completely but remains “eclipsed”—inopera ve while the inconsistency persists.

 Why it ma ers: Allows revival of old laws if the cons tu onal barrier is later removed or
amended.

 Key point: The law is in the “penumbra” un l the offending part of the Cons tu on is
amended or struck down.

4. Emergency Provisions (Ar cles 352–360)

A. Na onal Emergency (Ar cle 352)

Defini on: A proclama on that “the security of India or any part thereof is threatened by war
or external aggression or armed rebellion.”

1. Grounds

 War: Hos li es between India and another country.

 External Aggression: Invasion or incursion by a foreign power.

 Armed Rebellion: Violent uprising—even if it falls short of “insurrec on” in the old
wording (44th Amendment replaced “internal disturbance” with “armed rebellion” to
ghten scope).

2. Procedure
  Ini a on: President acts only on the wri en advice of the Union Cabinet (i.e., Prime
Minister and Council of Ministers).

 Proclama on: Issued by the President; must specify which of the three grounds applies
and may cover all of India or specified parts.

 Parliamentary Approval:

o Must be laid before both Houses within one month.

o Approved by a special majority (2/3 of members present and vo ng, and a

majority of the total membership of each House).

 Dura on:

o Ini ally valid for six months.

o Can be extended indefinitely, every six months, by fresh parliamentary

resolu on.

 Revoca on: President may revoke at any me by issuing a revoca on proclama on;
cessa on also occurs if not approved a er six months.

3. Effects

 Centre–State Rela ons:

o State governments act under the overall “control” of the Union:

 Centre can direct State execu ves on any ma er (Ar cle 355).

 Parliament may legislate on State List entries.

 Fundamental Rights:

o Ar cle 19 freedoms (speech, assembly, movement, etc.) are automa cally

suspended.

o Other rights (e.g., Ar cle 21) may be restricted by law, but core rights remain
jus ciable.

 Distribu on of Powers:

o Parliament gains residuary power to legislate on any subject—even those

ordinarily reserved for States.

 Judicial Review:
 o Courts may review whether procedure (e.g., Cabinet advice, parliamentary
approval) has been followed, but not the “sufficiency” of grounds (Kesavananda
Bhara ).

4. Safeguards & Limits

 44th Amendment (1978):

o Requires wri en Cabinet advice.

o Narrows grounds from “internal disturbance” to “armed rebellion.”

o Protects Ar cle 20 (criminal guarantees) and Ar cle 21 (life and personal liberty)
from suspension.

 Judicial Oversight:

o Proclama on and its extensions have been subject to limited review, ensuring
procedural compliance.

B. State Emergency (President’s Rule) (Ar cle 356)

Defini on: President may take over a State’s governance if “the government of the State cannot
be carried on in accordance with the provisions of this Cons tu on.”

1. Grounds

 Breakdown of cons tu onal machinery in a State, based on:

o Governor’s report, or

o Own sa sfac on of the President.

2. Procedure

 Proclama on: President issues on Governor’s report or otherwise.

 Legisla ve Approval:

o Must be approved by both Houses of Parliament within two months.

 Dura on:

o Valid for six months.

o Can be extended, by parliamentary resolu on, up to three years, but each

extension requires approval every six months.
 o To go beyond one year, Na onal Emergency must be in force for the State or
there must be a two-thirds majority resolu on in the State Legisla ve Assembly
consen ng to extension.

 Revoca on: President can revoke the proclama on at any me by issuing a revoca on.

3. Effects

 State Legislature:

o Suspended or dissolved; no lawmaking by the Assembly.

o Parliament assumes legisla ve func ons for the State.

 State Execu ve:

o Governor, under President’s direct control, administers the State.

o Council of Ministers stands dismissed or advises the Governor in name only.

 Financial Management:

o Union directs the State’s transac ons and borrowing.

4. Safeguards & Judicial Review

 S. R. Bommai (1994) judgment:

o Laid down that floor test in the Assembly is essen al before dismissal.

o Proclama on subject to judicial review on grounds of malafide or non-

compliance with cons tu onal provisions.

 Parliamentary Oversight: Strict me limits and condi ons on extensions.

C. Financial Emergency (Ar cle 360)

Defini on: Declared if “the financial stability or credit of India or any part thereof is
threatened.”

1. Grounds

 Threat to financial stability of the Union or any State.

 Threat to credit—e.g., inability to meet debt obliga ons.

2. Procedure
  Proclama on: By the President on Ministerial advice.

 Parliamentary Approval:

o Must be laid before both Houses within two months.

o No special majority required—simple majority suffices.

 Dura on:

o Remains in force un l revoked by the President.

o No fixed maximum period or need for periodic renewal.

3. Effects

 Centre’s Control over Finances:

o President may direct States to:

 Observe financial propriety.

 Reduce salaries and allowances of all or any classes of persons serving the
State (including judges).

 Allocate revenues between Centre and States as seen fit.

 All execu ve ac ons—Union or State—are subject to President’s scru ny for financial

propriety.

4. Usage & Safeguards

 Never invoked in independent India.

 Absence of explicit me limits makes it the most potent emergency—but poli cal and
judicial checks act as de facto safeguards.

5. Amendments and Basic Structure

A. Procedure for Amendment (Ar cle 368)

The Cons tu on provides a flexible yet controlled method to update its text:

 Ini a on

o Amendment Bills may be introduced in either House of Parliament, only on the

recommenda on of the President.
  Types of Amendments

1. Simple Majority (e.g., crea on of new States under Ar cle 3) – requires only a majority
of members present and vo ng in each House.

2. Special Majority – for most provisions, requires:

 2/3 of members present and vo ng, and

 Majority of the total membership of that House.

3. State Ra fica on – for certain federal provisions (e.g., Ar cles 54, 55, 73, 163, Chapter
on High Courts, distribu on of powers, amendment procedure itself), a er passage by
Parliament, the Bill must be ra fied by at least half of the State Legislatures.

 Presiden al Assent

o Once duly passed and ra fied (if required), the Bill goes to the President, whose
assent is obligatory and cannot be withheld or returned.

 Entrenchment

o No special “lock-in” clause beyond the ra fica on requirement; but the Basic
Structure doctrine places substan ve limits (below).

B. Doctrine of Basic Structure

1. Origin and Development

 Early Tension

o Shankari Prasad (1951) & Sajjan Singh (1965): Court held Parliament’s amending
power unlimited (even Fundamental Rights).

o Golaknath (1967): Supreme Court reversed, ruling Parliament cannot amend

Fundamental Rights at all.

 Kesavananda Bhara (1973)

o Key Holding: Parliament’s power under Ar cle 368 is very wide, but it cannot
alter the “basic structure” or essen al features of the Cons tu on.

o Vote Split: 7–6; no exhaus ve list of basic features was given, but principles like
rule of law, separa on of powers, federalism, judicial review, dignity of the
individual were recognized.
  Minerva Mills (1980)

o Struck down amendments that gave Parliament unlimited power to abridge

Fundamental Rights (e.g., extreme curtailment of judicial review).

o Reaffirmed that judicial review and balance between Parts III and IV
(Fundamental Rights and Direc ve Principles) are basic features.

 Subsequent Cases

o Waman Rao (1981): Clarified that only those amendments made a er

Kesavananda are subject to basic-structure challenge.

o Indira Nehru Gandhi (1975): Electoral amendment giving Prime Minister’s

elec on immunity was struck down as viola ng free and fair elec ons, a basic
feature.

o Kihoto Hollohan (1992): An -defec on provisions upheld, but recogni on of free

speech in legislature as basic feature.

2. Key Cases and Their Contribu ons

Case Year Principle Established

Kesavananda Bhara 1973 Introduced “Basic Structure” limita on on Art. 368

Minerva Mills 1980 Cemented judicial review & balance of rights as basic

Indira Gandhi v. Raj Narain 1975 Free and fair elec ons as basic feature

Waman Rao 1981 Temporal scope of basic-structure review

Kihoto Hollohan 1992 Legislature’s free speech as basic, but upheld defec on law

Takeaway: While Parliament can amend nearly any provision, it may not destroy or damage the
Cons tu on’s essen al framework—its “basic structure.”

6. Liability of the State

A. Contractual Liability (Ar cle 299)

The State, through its various organs, enjoys the power to enter contracts and is bound by the
same rules that govern private par es:
  Authority to Contract

o All contracts on behalf of the Union or a State must be made in the name of the
President (for Union) or Governor (for State) and executed by persons duly
authorized (ministries, departments, officers).

 Binding Nature

o A valid contract binds the State “as if it were a natural person of full age and
capacity,” except where expressly restricted by law.

 Scope and Limita ons

o State cannot contract beyond its legal competence (ultra vires doctrine applies).

o If entered without authority, contracts are void and cannot be ra fied later.

 Key Point

o Ar cle 299 seals the doctrine of privity and sovereign’s contractual obliga ons,
ensuring public authori es cannot evade contractual responsibili es.

B. Tor ous Liability (Ar cle 300)

Originally borrowing the Bri sh Crown Proceedings model, the Cons tu on makes the State
liable in tort under defined circumstances:

 State as a ‘Person’

o The Union or a State “shall be sued” in accordance with law in the same manner
as a private person, subject to procedural safeguards.

 Scope of Liability

o Includes negligence, misfeasance, and breach of statutory duty by Government

departments or officers.

 Excep ons and Immuni es

o Discre onary acts (e.g., policy decisions) generally immune; ministerial acts
(rou ne administra ve func ons) are not.

o Acts in war or in the exercise of police powers may enjoy immunity.

 Procedure

o Suits against the State follow special rules (e.g., shorter limita on period, no ce
requirements).
 Landmark Illustra ons

o State of Rajasthan v. Vidyawa : State liability for torts of public servants held
analogous to private employer’s vicarious liability.

o Usman Khan v. State of Bihar: Govt. held liable for wrongful deten on (breach of
personal liberty).