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Polity short notes

LOCAL SELF GOVERNMENT :

History
▪ Chola Period - village republics in Kanchipuram in 10-11th century
▪ Lord Mayo resolution, 1870 => initiated process of decentralization
▪ Lord Ripon's resolution, 1882 => general principle and rationale for LSG
▪ Royal Commission on Decentralisation, 1907 => LSG should begin at village level, not distt
▪ Montague Chelmsford Reforms, 1919 => Local governance part of transferred list under
diarchy
▪ Ambedkar - against PRI as he felt panchayats will be dominated byupper caste
▪ Gandhi - PRI is key to Gram Swaraj
• Therefore, Ambedkar agreed to put PRI in DPSP (art 40) 1952
– Community Development Programme (CDP)
promote rural development - multi-sectoral approach covering agriculture, health, education,
and housing.
Focus: Administrative and bureaucratic initiative; villagers treated as beneficiaries, not
participants.
Reason for failure: Lack of people’s participation and over-centralized control.
1953 – National Extension Service (NES)
Follow-up to CDP aimed at expanding dev
elopment activities acro ss all villages.
Objective: Strengthen local self-governance through community action.
Outcome: failed - inadequate involvement of local people and absence of accountability
mechanisms.
1957 – Balwant Rai Mehta Committee

Purpose: Review CDP and NES performance.

Recommendations:
1. Establish a three-tier system – Zila Parishad (district), Panchayat Samiti (block), Gram
Panchayat (village).
2. popular representation through elected bodies.
3. training to Panchayat personnel - effective administration.
Implementation: Rajasthan, Andhra Pradesh, and Maharashtra were pioneers true
beginning of the Panchayati Raj System in India.
1977 – Ashok Mehta Committee
review the functioning of PRIs after two decades.
Recommendations:
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1. Replace the three-tier with a two-tier system – Zila Parishad and Mandal Panchayat.
2. Allow political parties to participate in Panchayat elections.
3. Grant compulsory taxation powers to PRIs for financial autonomy.
4. Ensure a fixed 5-year tenure for elected bodies.
5. Provide reservation - Scheduled Castes and Scheduled Tribes.
6. NGOs in training elected representatives.
7. Conduct social audits for transparency.
Implementation: Adopted partially by states like West Bengal, Jammu & Kashmir, Karnataka,
and Andhra Pradesh.
1978 – Dantwala Committee
Focus: Decentralized planning.
Recommendation: Shift the first level of planning - district to block level to make plans locally
relevant.
1984 – Hanumantha Rao Committee on District Planning Aim:
Strengthen participatory district planning.
Recommendation: Encourage greater public participation and integrate local development
plans - state and national levels.
1985 – G.V.K. Rao Committee
Context: Reassess the administrative machinery - rural development.
Recommendations:
1. Revive PRIs - key institutions for rural development.
2. Transfer real power and responsibility - democratic local bodies.
3. Make district the basic unit - planning and development.
4. Designate the Zila Parishad as the principal body for planning and implementation.
1986 – L.M. Singhvi Committee Focus:
Strengthen local self-government.
Recommendations:
1. Grant constitutional recognition to Panchayati Raj Institutions.
2. Establish Gram Sabha as the foundation of the Panchayati Raj system.
3. Emphasize ethical and democratic values in grassroots governance.
Impact: Laid the groundwork - 73rd Constitutional Amendment (1992), which institutionalized
PRIs.

1988 – Thungon Committee Strengthen

PRIs & district planning.
3-tier system, Zila Parishad as pivot.
Constitutional status, 5-yr tenure, 6-month supersession.
State Planning & Finance Commissions.
Reservation incl. women; DC as CEO.
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1988 – Gadgil Committee

Make PRIs effective; base for 73rd Amendment.
Constitutional status, 3-tier system, 5-yr tenure.
Direct elections, reservation (SC/ST/women).
Socio-economic planning powers, tax authority.
State Finance & Election Commissions.
i. 73rd AA, 1992 - Part IX (art 243-243O) - 11th schedule
74th AA, 1992 - Part IXA (art 243P-243ZG) - 12th schedule
ii. Term - 5 yrs (min age -21 yrs) iii. Art 40 (DPSP) -
Promote PRI iv. Fresh elections - ▪ before expiry of 5 years
▪ If dissolved and remainder period > 6 months => by elections (willcontinue only for that
remainder period. New elections after that)
• If remainder period < 6 months - not needed (unlike MLA,wherein byelection happens within
6 months only when remainder period > 1yr)

Features of 73rd and 74th AA-

▪ Added 2 new parts - Part IX ("The Panchayats") & Part IXA ("TheMunicipalities)
▪ Basic units of democratic system - Gram Sabha (villages) & Ward Committees
(Municipalities)
▪ Art 243(B) -3 tier system except in states with pop < 20L
• PRI system not present in - Nagaland, Meghalaya, Mizoram
▪ Chairperson of Panchayat at village level => elected in manner provided by State legislature
1. Chairperson at intermediate & Distt level => by INDIRECT election (elected by members
amongst themselves)
▪ Seats reserved for SC, ST (for chairperson also)
▪ 1/3 rd => for women (even in SC/ST reserved seats and offices of chairperson)
▪ Independent State Election Comm
Panchayats to plan for economic dev and social justice wrt State law and 11th schedule
▪ District Planning Comm to consolidate plans prepared by Panchayats and Munincipalities
▪ Budgetary allocation from State Govt + certain taxes (collection and retention), Central govt
plans, Union Finance Commission grants + State
Finance Comm => to determine principles on basis of which devolution would happen
▪ 11th schedule - 29 functions under PRI => voluntary provision, states may decide
1. Rural housing
2. Vocational education
3. PDS
4. Implementation of land reforms
5. Fisheries
6. Animal husbandry
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7. Micro-irrigation, water management

. Poverty alleviation programmes etc
• 12th Schedule - 18 functions to municipalities
▪ Art 243R =>Chairperson of Municipality election as provided by statelegislature. State
Legislature may provide representation in municipality for =>
1. Person with special knowledge of Municipal admin => won't have right to vote in meeting
2. LS member
3. LA member
4. LC member of the municipal Area (not RS member tho)

PANCHAYATS

Compulsory Provisions - ▪
Organisation of Gram Sabha
▪ Estd of Panchayat at 3 levels (except States < 20L pop)
▪ Direct elections to all seats at all 3 levels
▪ Indirect Election of Chairperson for Intermediate &Zila o State can
choose manner of election for Chairperson of Village level
▪ 21 years min age for contesting elections
▪ Reservation for SC/ST at all 3 levels (in proportion of their pop in region) & 1/3rd for Women
▪ Estd State Election Comm
▪ Estd State Finance Commission
▪ Tenure of 5 years for all levels => Fresh elections within 6 months
Voluntary Provisions
▪ Representation to MPs, MLAs
Reservation for BCs at any level
▪ Powers to panchayat => self governing institutions
▪ Devolution of powers to Panchayats -
1. Prepare plans for economic development & social justice
2. Perform some or all 29 functions in 11th Schedule
▪ Granting Financial powers to Panchayats

Miscellaneous
i. Indirect election to the post of chairperson of panchayat (and municipal corp)
▪ Areas exempted -
i. Areas listed under 5th schedule (Andhra, Bihar, Gujarat, HP, MP, Maharashtra, Orissa and
Rajasthan) ii. Nagaland, Meghalaya and Mizoram
iii. Hill areas of Darjeeling (WB) => Darjeeling Gorkha Hill Council exists
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Mandatory provisions Discretionary provisions

Establishment of Panchayats in every state Transfer of power and function to Gram
and intermediate level panchayat in all states Sabha
with population more than 20 lacs Mode of election of chairperson
Direct and compulsory election every 5 Reservation of OBC
years
Assignment of taxes tolls and fees to
Re-election within 6 month for remainder panchayat
term, if dissolved prematurely.
Representation of MLA, MLC, MP in PRI In
Reservation for SC/ST and women (33% for ULBs Person with special knowledge in
women horizontally).
Municipal administration along with MLA,
Indirect election of Panchayat chairperson at MLC and MP of overlapping constituencies
Mandal and Zilla.
These represented persons do not have vote
Reservation for SC/ST and women in in municipality meeting but these
election of chairperson representatives have vote in panchayat
meeting.
Qualification member and disqualification
criteria of Audit of Panchayat

Urban local bodies

Municipal Corporation
▪ 3 authorities -> Council, Standing Committees, Commissioner
▪ Mayor is head of Council (First Citizen of city) => usually elected for 1 yr renewable term
▪ Formed by Act of State Legislature
▪ Municipal Comissioner is responsible for implementation of decisions taken by council and
its standing committees => i.e. he is chief executive authority => appointed by State Govt
▪ Direct elections to municipality and municipal corporation
▪ Tenure of 5 years of members (reservation for SCs, STs and women as per 74th AA)
▪ State legislature provides manner of election and duration (tenure) of the Mayor - Not 74th
AA
▪ Recently many states are moving towards direct election of Mayor (Eg. TN)

Metropolitan Planning Committee (u/a 243ZE)

▪ Every metropolitan area shall have this. State can make provisions wrt 1. Composition of such
commission
2. Manner of election of members
3. Representation of center and state govt in these
▪ Mandatory body
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▪ 2/3rd members of MPC should be elected by members ofmunicipalities and chairpersons of

the panchayats in metropolitan area
▪ Chairperson of MPC => forwards development plan to state govt

District Planning Committee (under 74th AA)

▪ All states shall constitute at the district level (except Meghalaya,Mizoram, Nagaland, NCT of
Delhi)
▪ To consolidate the plans prepared by panchayats and municipalities => and prepare draft
development plan for district as a whole
▪ 4/5th members of DPC should be elected by the elected members ofthe district panchayats
and municipalities in the district among themselves
▪ Representation of members in DPC in proportional ratio between urban and rural population
of district
▪ Nominated members represent state and govt agencies.
▪ To avail Backward Region Grant Fund - state must have to constitute DPC accordint to art
243ZD
v. Ward Committee - Consisting of one or more wards within territorial area of all
municipalities with population > 3L
▪ State legislature makes laws with respect to composition and manner in which seats to be
filled.

Structure of urban local bodies

Deliberative wing
Consists of a Mayor elected members called Councillors Elected for 3-5 years.
There are councillors Elected councillors and nominated
Nominated councillors are person with special knowledge in municipal administration. They
are nominated by elected councillors.
Mayor is elected for 1 year term. Mayor do not have any executive authority he/she is only
administrative head of secratariat corporation.
Executive wing
Consists of municipal commissionor as and other public service officers.
They are appointed for the fixed term.
They have all executive power
Types of Urban Local Bodies-
i. Municipal Corporation
ii. Municipalities
iii. Notified Area Committee
▪ Area earmarked by law for future development
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▪ Established by notification in govt gazette

▪ In 2 types of areas-
1. Fast developing town due to industrialisation
2. Town which doesn't yet fulfill all conditions necessary for Municipality, but considered
important by state govt
▪ Setup by State Govt by notification => entirely nominated by State Govt(i.e. neither elected,
nor statutory body)
▪ Population = 10,000-20,000 (Town pop> 20,000) iv.
Town area Committee
▪ Statutory body setup by state (i.e. by separate act) for small towns
▪ Semi-municipal body with limited municipal functions v.
Cantonment Board
▪ Administration of civilians in cantt area
▪ Statutory body (Cantonment Act, 2006) by center
▪ Under Ministry of Defence
▪ 8 elected members. 8 nominated members vi.
Township
▪ Established by large public enterprises to provide civil amenities to staff and workers who
live in housing colonies near the plant
▪ No elected members => extension of bureaucratic structure ofenterprise
vii. Port Trust
▪ 2 purposes-
1. Manage and protect ports 2.
Provide civic amenities
▪ Created by Act of Parliament ▪ Both
elected and nominated members viii.
Special Purpose Agency
▪ State sets up certain agencies to undertake activities/specific functions that belong to
municipalities/ULBs => Function based bodies, not area based
▪ Statutory bodies by act of state or as departments by executive resolution
▪ Not subordinate to other ULBs
▪ Eg - Town improvement trust, housing boards, pollution control board,Electricity supply
board, city transport board etc.
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Constitutional Bodies : Finance

Commission (Art280)
i. 5 members - Chairman + 4 members (+1 secretary)
ii. Further appointment - YES iii. Quasi-judicial
body => powers of civil court iv. Constituted by
President every 5 years (or early)
v. Removed by President on - Mental, Financial, Moral & Conflict issues vi.
Powers -
1. Decides basis for sharing divisible taxes
2. Refers matter in the interest of sound finance to Prez <=> advise on any other matter referred
by the President
3. Evaluates rise in CF of state => to affix resources of PRI and ULBs 4. Has powers of a civil
court vii. Qualifications => determined by parliament -> Finance Commission Act, 1951
1. Chairman - person with experience in Public Affairs
2. Members - 4 other conditions
M1- HC judge or can become one
M2- Government finance expert
M3- Generalist
M4- Eco expert
Recommendations made by FC => Advisory only. Not binding on government.
Functions of the Finance Commission
Recommends how to distribute the net proceeds of taxes between the Centre and the States.
principles for Central grants-in-aid to States from the Consolidated Fund of India.
Determines the basis for tax sharing and grant-in-aid every five years.
Recommends debt relief to financially weak States.
Suggests special assistance for backward States and those with large SC/ST populations.
Submits its report to the President, who lays it before Parliament for consideration.
Acts as a quasi-judicial body, with powers of a civil court (under the Code of Civil Procedure,
1908).

UPSC (Art 315-323)

i. Composition: usually 9-11 members (currently 10) - According to Constitution, strength &
composition of UPSC determined by President
1. Half members should have > 10 years of public office work experience at center/state
ii. Tenure - 6yrs or 65 yrs - MENTIONED in constitution iii. Conditions of Service - by
President iv. Annual Report to President
v. Further appointment -
1. UPSC chariman => not eligible for reappointment => Governor ban sakta hai
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2. Other members => eligible for Chairman of SPSC and UPSC (i.e. Not eligible for
reappointment outside UPSC/2nd term )• i.e. NO reappointment for chair & members vi.
Number of Members and Conditions of service determined by President vii. Can serve needs
of state - when requested by Governor and approved byPresident viii. Removal - By
President post a binding SC enquiry ix. Reccs of UPSC (eg. Merit list of CSE) Not binding
on Government
x. UPSC shall be consulted by Central govt on all matters of recruitment to civil services =>
but not necessarily for reservation in posts xi. Advisory Body -
1. Recommendation can be rejected by Appointment Cabinet Committee (cannot be rejected
by individual ministry)

Article 315: Public Service Commissions

There shall be a Public Service Commission (PSC) for the Union and for each State.
Two or more States may have a Joint State Public Service Commission (JSPSC) through a
resolution and Parliament’s approval.
JSPSC is a statutory body; its Chairman and members are appointed by the President for 6 years
or till age 62.
The President can remove or accept their resignation and determines their service conditions.
JSPSC submits an annual report to the Governors of the concerned States, who place it before
their legislatures.
With the President’s consent, the UPSC may serve the needs of a State.
The Government of India Act, 1919 created the Central Public Service Commission (1926); the
1935 Act provided for Federal, Provincial, and Joint PSCs.

State PSC (Art 315-323)

i. Governor appoints …etc. ii.
Tenure - 6 yrs or 62 yrs
• Joint State PSC - statutory body by Act of Parliament (created when needed) Eg- 1966 Punjab
and Haryana had a JSPSC for a short period. Appointed by President Tenure - 6yrs or 62 age
iii. Removal - by President on an order of Enquiry Committee of SC apppointed by President
on grounds of misbehaviour

CAG (Art 148)

o Tenure - 6 yrs or 65 years (6 year term logic - given 1 more year than govt term so that
new govt cannot change as per whims) => NOT mentioned in constitution
o Removal - same as judge of SC (by an order of Prez after an address (specialmajority)
in both houses of Parliament) o Appointed by - President o Duties & Powers - by Parliament
- CAG Powers Act, 1971
1. Audits concerned with Contingency fund, Consolidated Fund of India and states, and Public
A/c Fund of center and states
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• Completely Private audit by (CAG not involved) - LIC, RBI, SBI,FCI => submit report
directly to Parliament
2. Advisory function wrt accounts to President o No further
appointment vi. Acts as guide to Public Accounts Committee
of Parliament
vii. Submits 3 reports to President (President lays these reports before both houses => Public
A/c Comm examines them and reports its findings to Parliament) Art 151
1. Audit report on Appropriation A/c
2. Audit report on Finance A/c
3. Audit report on Public Undertakings

Election Commission (Art 324)

i. Tenure - 6 yrs or 65 years - Term and service conditions determined by President (NOT
mentioned in Constitution) ii. Composition - CEC, 2 ECs (since 1989(1993) when voting age
was reduced to 18) iii. Appointed by - President (on recommendation of PM) => tainted method
(need for reform) iv. Further Appointment - YES
• MCC => Morally binding, not legally
v. Removal -
1. CEC - like SC judge (special majority) 2. EC - special
majority after CEC says so vi. Salary - same as SC judge vii.
Expenditure NOT Charged on CFI (unlike UPSC & CAG)
viii. Powers -
1. Administrative Powers
Conducts and controls elections to Parliament, State Legislatures, President & Vice-President.
Prepares electoral rolls, allots symbols, recognizes parties, enforces Model Code of Conduct.
Can order re-polls or countermand elections for fairness.
2. Advisory Powers
Advises President/Governor on disqualification of MPs/MLAs (Art. 103 & 192).
Gives advice on party recognition, symbol disputes, and election reforms.
3. Quasi-Judicial Powers
Decides disputes on party recognition and symbol allotment.
Acts on violation of Model Code of Conduct and corrupt practices cases.

State EC (Art 243K) -

1. comprise of State Election Commissioner (NO Additional membersallowed)
2. Removed like judge of HC
3. Electoral rolls prepared by them used in Panchayat & Municipal elections
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GST Council (Article 279A)

i. Constitutional Body
Article 279A
make recommendations to the Union and State Governments on issues - Goods and Services
Tax (GST) — such as tax rates, exemptions, threshold limits, and model laws. cooperative
federalism between the Centre and States in GST administration. ii. Composition:
Chairman: Union Finance Minister.
Members:Union Minister of State for Finance (Revenue).
Finance Ministers (or any nominated ministers) of all States and UTs with legislatures.
iii. Decision-Making:
Decisions are taken by 75% majority of weighted votes of members present and voting.
Centre: 1/3rd of total votes.
States (collectively): 2/3rd of total votes.
promoting consensus-based decisions. iv.
Key Functions:
Recommends tax slabs, exemptions, and model GST laws.
Decides place of supply rules and threshold limits.
Monitors implementation and resolves disputes between Centre and States.

Attorney General of India

i. Under Article 76 ii. Term - 3 years (+3 years extension possible) iii. Eligibility - Must be
qualified to be judge of SC => but salary and terms of service decided by President (not that
of SC judge) iv. Pleasure of President
v. Eligible for reappointment (for a further term) vi. Not a govt servant => can pvt practice also
-> but cannot defend accused in criminal cases vii. Constitution doesn’t mention Solicitor
General => under Law Officers Rules, 1987
• Advocate General of State
i. Appointed by Governor ii.
Removal by Governor iii.
Eligibility - Same as HC judge

National Commission for SC (Art 338)

89th AA, 2003
a. 5 members = Chairman + VC + 3 other members (1 woman)
b. Tenure - 3 years - by President
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c. Conditions of service => by President

d. Annual report to President
v. Removal Process - NOT mentioned in constitution => done by President vi.
Powers -
1. Quasi-judicial body
2. Monitoring and reporting about implementation of constitutional safeguards for SC &
Anglo-Indians
3. Has a civil court's powers

• National Commission for ST (Art 338A) 89th AA

i. All same as NCSC

• National Commision on Backward Classes (NCBC) 102nd AA

i. Estd in 1993
ii. ii. 102nd AA, 2018 - gave constitutional status to NCBC
iii. iii. Composition - Chairman + VC + 3 members (1 woman) = 5 members iv. Appointed
by president under his hand and seal v. Art 340, 338, 342 vi. Powers of civil court vii.
Annual report to President (who lays it before Parliament) + any other time viii.
Responsibility of considering inclusions and exclusions from the lists of communities
notified as backward for the purpose of job reservations
Two Backward Class Commissions: Kaka Kalelkar (1950s) and B.P. Mandal (1970s).
Indra Sawhney Case (1992): Supreme Court directed creation of a permanent body for
backward class matters.
Result: Parliament passed the NCBC Act, 1993, establishing the National Commission for
Backward Classes (NCBC).

Special Officer for Linguistic Minorities (Art 350B) 7th AA

initially NOT in constitution
i. Composition - Commissioner, Deputy Commissioner, Assistant Commissioners
ii. Tenure and Removal - Pleasure of President iii. Main office in Allahabad
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Statutory or non constitutional body:

NHRC
i. Statutory body estd. Under Protection of HR Act, 1993 ii. In
conformity with Paris Principles iii. Under MHA iv. Submits
annual report to Government (NOT PRESIDENT) v. Structure
-
i. Chairman + 5 members (+ 7 ex-officio)
1. Chairperson => retd CJI or retd SC judge (2019 amendment)
2. 5 members - serving/retd SC judge + serving/retd Chief justice of HC + 3 persons having
knowledge of HR (1 has to be woman)
3. 2019 amendment => Enlarge scope of eligibility and selection of chairperson of NHRC and
SHRC
4. 6 Ex-Officio members -
a. NCSC
b. NCST
c. NCW (Women)
d. NCBC
e. NCPCR (protection of child rights)
f. Chief Commissioner for PwD ii. Appointed by President on recommendation of high-
powered 6 member committee fheaded by PM (PM, Speaker of LS, Deputy Chairman of
RS, leaders of opp in both houses, Home Minister)
iii. Tenure - 3 years/70 yrs age iv. Removal - by President after SC enquiry - Mental,
Moral, Financial, Conflict issues v. Eligible for Reappointment
1. Earlier could only be reappointed for 5 years => limit removed now vi. Can take Suo Moto
action 1. Cannot enquire after 1 year vii. 5 specialized divisions -
2. Investigation Division
3. Policy Research & Programmes Division
4. Training Division
5. Administration Division
viii. SHRC => members and chairman appointed by Gov in consultation with
CM, Home Minister, Speaker of LA, Leader of Opposition in LA
1. Chairperson (retd CJ of HC or retd HC judge) + 2 members 2.
Appointed by Government, But removed only by President vi.
Functions and Powers-
i. Investigate grievances regarding violation of HR either suo moto or after receiving petition
ii. Can interface in any judicial proceeding involving violation of HR iii. Can visit any jail or
institution under state govt to see living conditions of the inmates iv. Undertakes and
promotes research in HR v. Spread HR literacy etc vi. Powers of civil court and can grant
interim relief vii. Limitation
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i. No mechanism of investigation => has to depend on concerned govt ii. NHRC cannot
investigate an event if the complaint was made more than one year after the incident.
iii. "India's teasing illusion" => due to incapability to render any practicalrelief to aggrieved
party iv. Can only make reccomendation v. Inadequacy of funds

National Investigation Agency

i. Constituted under NIA Act, 2008 ii.
Investigates and prosecutes offences -
a. Affecting sovereignty, security and integrity of India,friendly relationswith foreign states
b. Against atomic and nuclear facilities
c. Smuggling in high-quality counterfeit Indian Currency iii. NIA Amendment Act,2019
i. NIA - estd after 2008 Mumbai terror attacks 1.
Includes offences under -
a. UAPA, 1967
b. Atomic Energy Act
c. Anti-Hijacking Act
d. Suppression of Unlawful act against safety of maritime navigation ii. 3 Amendments 1. New
offences added -
a. Human Trafficking
b. Counterfeir currency
c. Manufacturing and sale of prohibited arms
d. Cyber crimes
e. Explosive substances act
2. Jurisdiction - extended outside India
iii. Center can designate sessions courts as Special Courts for NIA
Trials - sessions court has power to impose full range ofpenalties including death penalty.

Central Information Commission

i. Pro People
ii. Pro-activity
iii. Participation
iv. Empowering
v. Inclusion of all
vi. Equality
vii. Transparency
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i. RTI is a FR under Article 19 (need info to express freely)

ii. CIC functions under Ministry of Personnel, Public Grievances & Pensions
[Link] Act, 2005 (Information is under concurrent list) : - Public authorities are required to
suo moto make disclosures (FAQs on website) on
- i. on their structure and functioning
ii. Powers and duties of its officers and employees
iii. Financial information
• If such info not made available, citizen have right to request for it
i. Covers any body under Art12
ii. ii. Office of CJI also under RTI
iv. RTI Amendment Act, 2019 => salary and tenure of central as well as State ICs will be
decided by central government
• State Information Commission - for state bodies (Municipality etc)
=> first application to PIO of municipality, if unsatisfied go to Appellate
authority of Municipality, if still unsatisfied SIC.
• CIC - for central bodies (Eg. SAIL) => same process • i.e. NO
Appeal from SIC to CIC (just at 2 levels)
v. Structure-
i. CIC + 10 ICs ii. Term - 3 years (amended 2019=> central govt will notify term) iii. Salary
- earlier equivalent to ECs (amended 2019=> will be determined by government) iv.
Appointed by President on recc of comm (PM, LoO, Cabinet Minister nominated by PM) v.
NOT eligible for reappointment
vi. Functions
i. Suo Moto Disclosures ii. Adjudication in second
appeal for giving info iii. Receiving complaint on
inability to file RTI etc
• RTI has fee (FREE for BPL)

Lokpal & Lokayukta

i. Lokpal and Lokayukta Act, 2013 => seeks to implement UN Convention Against Corruption
ii. Statutory bodies, without any constitutional status iii. National anti-corruption ombudsman
=> anyone can file a complaint non-anonymously against anyone except judiciary iv. Perform
function of ombudsman and inquire into allegations of corruption against certain public
functionaries
• Lokpal and Lokayuktas Amendment, 2016 => enables leader of single largest opposition party
in LS to be member of the selection comm in absence of a recognized leader of opposition v.
Structure of Lokpal 1. 1 Chairman + 8 members 2. Chairman qualifications-
a. Atleast 45 years old
b. Former CJI or former SC judge
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c. Or eminent person with impeccable integrity and ability + expertise of 25 yrs in matters
relating to anti-corruption policy, pub admn, vigilance, finance, law and management
3. Max 8 Members -
a. Half i.e. 4 => judicial members
b. Min 50% => from SC/ST/OBC/Women
c. Judicial member => former SC judge or former Chief Justice of HC
• Term - 5 years or 70 yrs age
• Salary and allowances same as CJI (chairperson) and SC judges (members)
• Removal - by President (100 MPs can also request) after binding enquiry - Mental,
financial, Moral, Conflict issues
• Not eligible for reappointment or ELECTIONS
• Search Committee - recommends a panel of names to Selection Committee
• Members appointed by President on recommendation of Selection Committee
• (PM - chairperson, Speaker Of LS, Leader of opposition in LS, CJI, one eminent jurist
nominated by President)
• Inquiry Wing - Preliminary Enquiry (within 3 months + 3 months extension);
Investigation (within 6 months +6 months extension) - can be outsourced to CBI etc
=> Inquiry wing of Lokpal has powers of civil court
• Prosecution Wing - Special Co
• urt (extendable by 1 year) i.e. lawyers of Lokpal make the case

• vi. Lokpal Jurisdiction and Powers

1. Jurisdiction Includes -
a. PM (except on allegation of corruption relating to IR, security, public order, atomic energy
or space) - lack oftransparency wrt PM -> records can be sealed if Lokpal members decide
that there is no merit
b. MPs (not over anything said in Parliament)
c. Group A,B,C,D officers
d. Officials of Central govt
e. All entities receiving foreign donations > ₹10L per year
2. Excludes -
a. Those under Army Act, Navy Act, Airforce Act, Coast Guard Act b.
Judiciary
3. Lokpal (external citizen complaint) and CVC (internal govt inquiry) at same level of
hierarchy
a. CBI works under CVC => so now will also receive casesfrom Lokpal
b. Thus, Lokpal has power to give directions to CBI 4. Inquiry wing of
Lokpal => powers of civil court
5. Provision to punish false/privolous complaints
6. Foreigners can also lodge complaint
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7. Complaint can be filed electronically

8. Protect identity of complainant of public servant till conclusion of enquirys 9. Lokpal shall
dispose off complaints within 30 days vii. Limitations
1. Lack of Political Will - not a single Lokpal has been appointed yet
a. 16 states have appointed Lok-Ayukta
2. Does not provide concrete immunity to whistleblower
3. No suo moto action
4. Selection committee itself consists of political leaders => political influence
5. Exclusion of judiciary from the ambit of Lokpal
6. No constitutional backing

Central Vigilance Commission

i. Established in 1964 via executive resolution on recommendation of Santhanam Committee
on Prevention of Corruption
ii. 2003 => made a statutory body
iii. Apex vigilance institution free of control from any executive authority (only
responsible to Parliament) => all vigilance activity under Central Govt
iv. NOT under any ministry
iv. NOT eligible for further appointment
vi. NO suo moto Action => Only after
complaint
Functions
1. Foll can approach CVC -
a. Central govt
b. Lokpal
c. Whistleblowers
2. Not an investigating agency => uses CBI or Chief Vigilance Officers in govt
offices
3. Can inquire into offences under Prevention of Corruption Act, 1988
4. Takes up cases referred by Lokpal

viii. Structure
1. 1 CV Commissioner (chairperson) + 2 vigilance commisioners
2. Appointed by President on recommendation of committee (PM, Home Minister, Leader of
Opp in LS)
3. Term - 4 years or 65 yrs age
4. Removal - By President after binding SC enquiry - Mental, financial, Moral, Conflict Issues
CVC & Lokpal basically do similar functions
▪ CVC - investigate Permanent Executive of Center
 18

▪ Lokpal - investigate Permanent + Elected Executive of Center

National Commission for Protection of Child Rights (NCPCR)

iStatutory & Quasi-Judicial Body set up - March 2007 under the Commissions for Protection
of Child Rights (CPCR) Act, 2005.
[Link] - Ministry of Women & Child Development.
[Link] laws, policies, and programmes align with child rights under the Constitution and the UN
Convention on the Rights of the Child (CRC), to which India became a signatory in 1992.
[Link]: Defined as a person aged 0–18 years.
[Link] Acts Monitored: POCSO Act, 2012
Juvenile Justice Act, 2015 Right
to Education Act, 2009
[Link] of NCPCR
Chairperson: Person of eminence in child welfare; tenure 3 years or till 65 years (max 2 terms).
Members: 6 members (at least 2 women) from fields like education, child health, welfare,
psychology, juvenile justice, or child labour elimination; tenure 3 years or till 60 years (max 2
terms).
[Link]: By Central Government on the recommendation of a committee chaired by
the Minister of Education. [Link] of NCPCR powers of a civil court, including:
Summoning persons, examining on oath.
Demanding documents and records.
Taking evidence on affidavit.
Issuing commissions for witness examination.
After inquiry, it can:
Recommend prosecution or action against violators.
Approach Supreme Court or High Courts for relief.
Suggest interim relief or compensation to victims.

National Commission for Minorities (NCM)

[Link] body established under the National Commission for Minorities Act, 1992.
[Link] as a Minorities Commission (1978) under the Ministry of Home Affairs, later
shifted to the Ministry of Welfare (1984).
[Link] to ensure enforcement of constitutional and legal safeguards for minority
communities and promote national integration. [Link] Act defines a minority as any community
notified by the Central Government.
[Link] recognized minorities: Muslims, Christians, Sikhs, Buddhists, Parsis, and Jains.
[Link] civil court powers for inquiries and investigations.
 19

[Link] Minorities Rights Day on 18th December, commemorating the 1992 UN

Declaration on Minority Rights.
[Link]
Chairperson, Vice-Chairperson, and 5 Members—all appointed by the Central Government.
At least 5 (including Chairperson) must be from minority communities.
Tenure: 3 years from the date of assuming office.

National Commission for Women (NCW)

[Link] body set up in January 1992 under the NCW Act, 1990.
[Link] women’s rights, review legal and constitutional protections, and advise the
government on policy matters affecting women.
[Link] areas: dowry, discrimination, representation, exploitation, and violence against
women.
[Link]
Chairperson, Member Secretary, and 5 Members, all nominated by the Central Government.
Members drawn from fields like law, management, social development, and women’s
organisations. vFunctions
Examine and report on women’s legal safeguards and recommend reforms.
Review laws and suggest amendments to improve women’s conditions.
Take up complaints or suo motu cases of women’s rights violations.
Conduct research, awareness, and policy advocacy for women’s empowerment. [Link]
Has civil court powers to:
Summon persons, demand documents, take evidence, and examine witnesses.

Law Commission of India

Non-Statutory | Non-Constitutional
[Link] by: Government of India through executive order (1955); reconstituted every
three years. [Link]: Advisory, non-constitutional body under the Ministry of Law & Justice.
[Link]: Submitted to the government and Parliament; not binding but influential in legal
reforms.
[Link]
Origin: First Commission (1834) under Lord Macaulay → led to IPC, CrPC, CPC, Contract
Act, etc.
After independence, Article 372 allowed continuation of pre-Constitution laws First
Law Commission of independent India (1955) chaired by M. C. Setalvad.
22nd Law Commission (2020) approved for three years.
[Link] Chairperson (full-time)
4 full-time members (including Member-Secretary)
 20

2 ex-officio members – Secretaries of Legal & Legislative Depts

Up to 5 part-time members [Link]
Review and reform existing laws or suggest new legislations (on government reference or
suomotu).
Recommend repeal of obsolete laws.
judicial reforms for speedy, affordable justice.
Advise on laws affecting poor, gender equality, Directive Principles, and globalization impacts.
Submit reports and recommendations to the Government.

Central Bureau of Investigation

i. Setup in 1963 on recommendation of Santhanam Committee by a resolution of MHA -
> NOT statutory body.
ii. Functions under Dept of Personnel, Ministry of Personnel, Pension and Public
Grievances [Link] its origins to Special Police Establishment Act, 1941 iv. Derives its
powers from Delhi Special Police Establishment Act (DSPE), 1946 => but not created by it
Lokpal and Lokayuktas Act (2013) amended DSPE Act and made foll changes wrt CBI-
1. Central govt will appoint director of CBI on recommendation of 3 member committee
(PM, f in LS (or leader of single largest opposition party in LS), CJI)
2. Directorate of Prosecution headed by a Director for prosecuting cases under Lokpal and
Lokayukta Act -
a. He shall be under supervision of Director of CBI
b. Appointed by centra govt on recc of CVC
c. Tenure - 2 years
3. Central govt shall appoint officers of rank of SP or above in CBI

Directorate of Enforcement (ED)

i.A multi-disciplinary agency - Department of Revenue, Ministry of Finance, investigating
money laundering and foreign exchange violations.
ii. 1 May 1956 as the Enforcement Unit under FERA, 1947; renamed Enforcement Directorate
in 1957. [Link] - Department of Revenue in 1960. [Link] liberalisation:
FERA 1973 → replaced by FEMA 1999 (effective 2000).
PMLA 2002 enforced from 1 July 2005, - ED to act against money laundering.

[Link]
HQ: New Delhi, headed by the Director of Enforcement.
5 Regional Offices (Delhi, Mumbai, Chennai, Kolkata, Chandigarh).
10 Zonal and 11 Sub-Zonal offices.
Staff drawn from IRS, IPS, IAS and other investigative services.
Tenure: Director’s term extendable up to 5 years (via 2021 ordinance amending DSPE & CVC
Acts).
 21

[Link] Laws Enforced

1. FEMA 1999 – regulates foreign exchange.
2. PMLA 2002 – investigates money laundering, attaches and confiscates assets.
3. Fugitive Economic Offenders Act 2018 – targets offenders who flee abroad; ED can attach
and confiscate their properties. [Link] Role:
India’s premier financial investigation agency ensuring compliance with anti-money laundering
and foreign exchange laws.

National Green Tribunal (NGT)

i. NGT Act, 2010; established in October 2010 - speedy and effective disposal of
environmental cases
[Link]:
Idea first suggested by Justice P.N. Bhagwati (1986) in M.C. Mehta vs Union of India.
Reiterated in A.P. Pollution Control Board vs Prof. M.V. Nayudu (1999).
India committed at the 1992 Earth Summit to provide judicial remedies for environmental
harm.
Predecessors: National Environmental Tribunal (1995) and Appellate Tribunal (1997).
[Link] civil cases linked to environmental protection, forest conservation, and
pollution control review environmental clearances and enforce legal rights relating to
the environment.
Provides relief and compensation for damage to people or property. Orders
are binding and enforceable like those of a civil court (CPC 1908)
. [Link] deliver judgments within 6 months of filing.
Penalty for Non-Compliance
Up to 3 years’ imprisonment or ₹10 crore fine, or both.
Continued violation: ₹25,000 per day
. [Link] (Schedule I Laws)
Water Act 1974
Water Cess Act 1977
Forest (Conservation) Act 1980
Air Act 1981
Environment (Protection) Act 1986
Public Liability Insurance Act 1991
Biological Diversity Act 2002
 22

NITI Aayog
i. Formed via executive resolution of Union Cabinet => NOT statutory. NOT constitutional ii.
Bottom Up Approach + Cooperative Federalism + maximum governance, Minimum govt iii.
Structure -
i. Chairperson - PM - All others appointed by PM (except governing council) ii. Governing
Council - CM of states + CM of Legislative UTs + LG of other UTs iii. Regional Councils -
CM and LG of the region - convened by address specific issues impacting the region iv. Special
Invitees - Experts, specialists etc. v. Full time Organisational Framework -
i. Vice Chairperson - enjoys rank of Cabinet Minister, appointed by PM
ii. Members - enjoy rank of Minister of State iii. Part Time Members - Max 2
=> from leading univs, institutions etc iv. Ex-Officio members - Max of 4
members of Union CoM v. CEO - iv. NITI Aayog Hubs -
i. Team India Hub - interface btw States and Center ii. Knowledge and
Innovation Hub - think tank acumen of NITI Aayog v. 3 documents -
i. 3 year action agenda ii. 7 year
medium term strategy paper iii. 15
year vision document vi. 7 pillars of
effective governance i. Pro People ii.
Pro-activity iii. Participation iv.
Empowering
v. Inclusion of all
vi. Equality vii.
Transparency

Cooperative Society
a. Superintendence, direction and prep of electoral rolls and conduct of elections to cooperative
societies => by a body provided by State Legislature b. Max no. of Directors =<21
c. Reservation in Board of Diros -
1. SC and ST - 1 seat
2. Women - 2 seats

Law Commission
a. Non-statutory advisory body to MoLaw => estd by order of central govt from time to
time for fixed tenure
b. Recommends legislative measures for purpose of consolidation and codification of
laws c. Reccs not binding on govt
d. First originally constituted in 1955 => Reconstituted every 3 years
e. Chairperson usually - Retd SC judge or retd Chief Justice of HC
 23

Consumer Protection Acts

 24

Scheduled and Tribal Areas

Article 244 (Part X) provides a special administrative system for Scheduled and Tribal Areas.
Fifth Schedule: Covers administration of Scheduled Areas and Tribes in 10 states — Andhra
Pradesh, Telangana, Odisha, Jharkhand, Chhattisgarh, Madhya Pradesh, Rajasthan, Gujarat,
Maharashtra, and Himachal Pradesh.
Sixth Schedule: Deals with Tribal Areas in Assam, Meghalaya, Tripura, and Mizoram.

5th Schedule

a. Tribal Advisory Council

i. Each state having scheduled areas (5th schedule) has to establish TAC to advise on welfare
and advancement of STs
ii. If president so directs, TAC even in state having STs but no Scheduled Areas (eg, TN, UK,
WB)
iii. TAC consists of 20 members - 3/4ths are representatives of STs in state legislative
assembly b. President declares an area as Scheduled Area => can also
increase/decrease/alter/redesignate its area and boundaries
c. Governor has discretion regarding administration of Scheduled Areas =>
i. make rules for better management of peace and good governance in such areas ii. Governor
(and not President) directs that act of parliament and state legislature does not apply to
scheduled area
d. Act of Parliament is applicable by default unless mentioned by Gov
State Tribal Minister
Jharkhand, MP, Chhatisgarh, Orissa => constitutional obligation to have such a minister
b. Bihar dropped from list after 94th AA, 2006

6th Schedule => Autonomous Districts => in 4 NE states (Assam, Meghalay, Tripura,
Mizoram) - Art 244
a. Autonomous District Council - 30 members (4 nominated by Governor, 26elected on basis
of adult franchise)
i. Autonomous Regional Council => Governor can divide autonomous district into autonomous
regions if there are diff tribes within autonomous district ii. Term - 5 years
iii. Accounts audited by CAG => report submitted to Governor who lays it before respective
District council/regional council
b. President may direct that any act of parliament shall not apply to autonomous district or
region in Meghalaya, Tripura and Mizoram (except in case of Assam where Governor can
direct that act of parliament shall not apply to autonomous district). State legislature laws for
all 4 states => Governor directs
c. Governor organize/re-organizes autonomomous district => can increase/decrease their area
d. Act of Parliament by default is not applicable here
 25

[Link] tribes: The Governor can divide an autonomous district into separate autonomous
regions for different tribes.
[Link] Council: Each district has a 30-member council — 26 elected (5-year term) and 4
nominated by the Governor. Each autonomous region has its own Regional Council.
Powers:
Can make laws on land, forests, water, shifting cultivation, village administration, inheritance,
marriage, and social customs, subject to Governor’s assent.
Can establish village courts, schools, markets, roads, and regulate money lending/trade by
nontribals (with Governor’s approval). Can levy land revenue and certain taxes.
Legislative Autonomy: Acts of Parliament or State Legislature apply only with modifications
or exceptions.
Governor’s Role: appoint commissions, dissolve councils, or modify administration.

Inner Line Permit

o Recently, Manipur has launched online portal for travellers to seek ILP
a. ILP is a travel document that allows Indian citizen to visit or stay in a state that is protected
under ILP system
i. Foreigners need a Protected Area Permit (PAP) to visit tourist places which is different from
ILP needed by domestic tourists ii. In force in 4 NE states => Arunachal, Nagaland, Manipur,
Mizoram iii. Stems from Bengal Eastern Frontier Regulation Act, 1873 iv. ILP is issued by
state governments
 26

Election

Universal Adult Suffrage (Article 326)

Grants every adult citizen the right to vote in state and national elections, except those
disqualified - criminal conviction or unsound mind.
The right to vote is not restricted - caste, religion, gender, race, or financial status.
Dr. B.R. Ambedkar, before the Simon Commission (1928), strongly advocated universal
franchise - means of empowering the oppressed and ensuring political equality.
The Indian National Congress reaffirmed this at the 1931 Karachi Session, emphasizing
political equality and inclusive participation.
After debate in the Constituent Assembly, all previous restrictions were abolished, - universal
adult suffrage for all Indian citizens.

Delimitation
redrawing boundaries of Lok Sabha and State Assembly constituencies reflect
population changes, equal representation.
Conducted under Article 82 (Parliament enacts Delimitation Act after every Census) and Article
170 (state constituencies).
A Delimitation Commission, headed by a retired Supreme Court judge, its orders cannot be
challenged in court.
First done in 1950–51, and later by commissions in 1952, 1963, 1973, and 2002.
Delimitation was suspended after the 1976 Amendment to avoid penalizing states with
successful population control. The freeze extended till 2026.
The last delimitation (2002–2008), based on the 2001 Census, revised constituency boundaries
and the number of reserved seats, but not total seats.

Registration of Political Parties (Sec 29A, RPA 1951)

Parties must apply to the Election Commission within 30 days of formation for registration,
under powers from Article 324 and Section 29A of RPA 1951.
National Party
Secures 6% valid votes in 4+ states in Lok Sabha/Assembly elections and wins 4 Lok Sabha
seats, or Wins 2% of Lok Sabha seats (11 seats) from 3+ states.

State Party
Secures 6% valid votes in the state and 2 Assembly seats, or
Wins 3% or 3 seats in the State Assembly (whichever is higher).
Benefits
Exclusive symbol allotment (state/national level).
Only one proposer needed for nominations.
Free electoral rolls, Doordarshan/Akashvani broadcast rights.
 27

Can nominate Star Campaigners (40 for recognized parties, 20 for unrecognized).
Star campaigners’ travel expenses not counted in candidate’s poll expenses.

Independent Candidates
Must be citizens of India and 25+ years old to contest Lok Sabha or Assembly elections.
Need 10 proposers (voters of the constituency); party candidates need only one.
Can choose three free symbols from the EC list, allotted as per preference and rules of Election
Symbols (Reservation and Allotment) Order, 1968.
Anti-defection law: Independents are disqualified if they join a political party after election.
EC Recommendations:
Allow only independents with prior electoral experience.
Double security deposit to deter non-serious candidates.
Ban for 6 years if they fail to secure 5% votes; permanent debarment after three consecutive
defeats.
Law Commission: Suggested complete ban on independents, citing confusion and
nonseriousness.
Section 123, RPA 1951 – Corrupt Practices
Includes bribery, undue influence, false information, and promotion of enmity on grounds of
religion, caste, race, community, or language.
Section 123(2): Undue influence = interference with free electoral rights.
Section 123(3A): Promoting hatred among communities = corrupt practice.
Section 123(4): Publishing false statements to prejudice elections.
Supreme Court: Appeals for votes based on religion, caste, race, or language make elections
void; elections are a secular exercise, and religion has no place in governance

Political Party Status

a. National Party Status

1. 8 National Parties (latest National Peoples Party, Meghalaya)
• Congress, BJP, BSP, CPI, CPI-M, TMC, NCP, NPP
2. NPP - first regional party of NE to become national party 3.
Conditions - (as per Election Symbols Order, 1968)
a. State Party in 4 states, or
b. Wins 2% seats in LS and from 3 states
c. Secures 6% votes polled in 4 or more states in LS/assembly +
Wins 4 seats in LS from any states
4. EC, however has no power to de-register political parties
 28

b. State Party Status

1. Benefits
a. Reserved symbol in state
b. Can nominate 40 Star Campaigners (travel expenses are not accounted in expense account
of parties) as compared to 20 of non-recognized party c. Broadcast over
Doordarshan/Akashvani
2. Conditions
a. Secures 6% of valid votes polled in assembly + wins 2 seats
b. Secures 6% of valid votes polled in LS election from the state + wins 1 seat in LS from the
state
c. Wins 3% seats in Assembly or 3 seats (whichever more)
d. Wins 1 seat in LS for every 25 seats allotted to it in LS
e. Secures 8% of total valid votes in LS from state or Assemblyelections (this condition added
in 2011)

ANTI-DEFECTION LAW
• 10th schedule
• Give constitutional existence to political parties
• 52nd amendment: disqualification on ground on defeat
• 2003 - 91st amendment: omitted one exception: defection on ground of split
Provisions
• Disqualification
• Members of party: voluntary give up member votes or abstain without whip direction,
abstains without permission
• Such act hasn’t been condoned by party in 15 days
• Independent: joins party
• Nominated: joined after 6 month
Exception (2)
• 2/3rd member of party merge
• Presiding officer gives us membership
• Deciding authority
• Presidng officer of house: Judicial review but can’t accuse him of political biasness
regarding his powers
• Rule making power -Presiding officer- place in house (30 days)
• Defection case can be admitted only after
Complain can be referred to committee of Q
• Privilege - hence defection has no immediate and automatic effect
• Evaluation - strengthen parliament, democracy, unanimouslypassed 52nd amendment
• Advantage - stability, merging, corruption reduced
• Criticism dissent vs defection, curb freedom of conscience, individual vs group defection
 29

• Nominated vs independent, PO - political bias, legal knowledge is locked

• 91st amendment (2003) - 15% (size of ministers) including PM, disqualified member can’t
become minister and held any remunerative post
• 1/3rd split provision of exception is defeated
• Spliters are always defectors
• 2/3rd mergers are not defectors
Congress > Shiromani Akali dal > CPI > Forward bock

POLITICAL PARTIES
1. A Political Party (PP) is a voluntary organized group of citizens who share similar political
ideology and aim to attain and retain political power through constitutional means to promote
national interest.
They act as a link between people and government, shaping policies and representing public
opinion.
 30

2. Types of Political Parties (Ideological Basis)

Type Nature Examples/Features

Favour old order; resist Often traditionalist or
Reactionary
change backward-looking
Support status quo with
Conservative Moderate in approach
gradual change.
Liberal Support reforms and Promote democracy
modernization and rights

Radical Advocate total Revolutionary or

transformation socialist ideology

3. Party Systems (Based on Number of Parties)

System Example Countries Features

One-Party USSR, China, former East Single ruling party; no opposition

System Europe

Two-Party USA, UK Power alternates between two main parties

System

Multi-Party
System India, France, Italy, Multiple parties compete; coalition
Switzerland governments common

4. Party System in India

India follows a multi-party system with national, state, and regional parties.
As of 2009: 7 national + 40 state + ~950 registered parties. Characterized
by:
One dominant party phase (Congress dominance till 1989) No clear
ideology → most parties follow similar populist agendas.
Personality cults centered around individual leaders.
Influence of religion, caste, language, and region.
Rise of regional parties after 1980s.
Factionalism and defections common.
Weak and fragmented opposition in several phases.
 31

5. Role of the Election Commission

Registers, recognizes, and allots election symbols to political parties under the Election
Symbols (Reservation & Allotment) Order, 1968.
6. Recognition Criteria
National Party (any one condition)
1. 6% valid votes in 4 or more States + 4 Lok Sabha seats, OR
2. 2% of total Lok Sabha seats (from at least 3 States), OR
3. Recognized as State Party in 4 or more States.
State Party (any one condition)
1. 6% valid votes in State Assembly election + 2 seats, OR
2. 6% votes in Lok Sabha election + 1 seat, OR
3. 3% or 3 seats in State Legislative Assembly, OR
4. 1 seat per 25 Lok Sabha seats allotted to the State.
7. Evaluation
Political parties are vital for representative democracy, but Indian parties suffer from
ideological dilution, dynastic control, and fragmentation.
Reforms needed for inner-party democracy, transparency, and ethical politics.
 32

PUBLIC SERVICES
Sardar Patel
Known as Father of All India Services.
Called civil services the “steel frame of India.”
Doctrine of Pleasure (Art. 311)
Civil servants hold office during the pleasure of President/Governor.
Article 311 gives safeguards against arbitrary dismissal or demotion.
Classification of Services
1. All India Services (AIS) – Art. 312
IAS, IPS, IFS (Forest)
Trained & controlled by Centre, work under States.
Salary paid by States, disciplinary control with Centre.
2. Central Services – Under Union control.
Around 58 Group A services (e.g., IFS-Foreign, IRS, IAAS).
3. State Services – Under State Governments.
Include Civil, Police, Judicial, Medical, Educational services.
Constitutional Provisions (Art. 308–314)
308 – Definition
309 – Recruitment & service rules
310 – Doctrine of pleasure
311 – Safeguards
312 – AIS creation
313–314 – Transitional & omitted provisions
Significance
Ensure continuity, neutrality, and stability in administration.

TRIBUNALS
1. Constitutional Basis
Originally: No provision for tribunals in the Constitution.
42nd Amendment Act, 1976 inserted Part XIV-A (Articles 323A & 323B) to establish
specialized tribunals for speedy and expert adjudication.
2. Article 323A – Administrative Tribunals
Deals with disputes and complaints regarding recruitment and service conditions of persons
appointed to:
All India Services (AIS)
Central or State civil services
Civil posts under Union or States
Administrative Tribunals Act, 1985
 33

Enacted to give effect to Article 323A.

Provides for:
Central Administrative Tribunal (CAT)
State Administrative Tribunals (SATs)
Joint Administrative Tribunals (JATs)
3. Central Administrative Tribunal (CAT)
Established: 1985, Principal Bench – New Delhi.
Benches: 17 regular benches – 15 in High Court cities + Lucknow and Jaipur.
Composition:Chairman, 16 Vice-Chairmen, and 49 Members.
Appointed by the President.
Tenure: 5 years or till 62 years of age.
Jurisdiction:
Covers All India Services, Central civil services, civil posts under Centre, and civilian
employees in defence services.
Procedure:
Not bound by the Civil Procedure Code, 1908.
Follows principles of natural justice.
Nominal fee: ₹50 for filing.
Appeals:
Initially, appeal lay only to the Supreme Court.
After Chandra Kumar case (1997) – decisions of CAT are subject to judicial review by High
Courts and Supreme Court.
4. State Administrative Tribunals (SAT)
Established: Under the 1985 Act by Central Government on request of a State.
Example: Andhra Pradesh, Tamil Nadu, Karnataka, Odisha, etc.
Function: Similar to CAT but deals with State-level services.
5. Joint Administrative Tribunals (JAT) Formed for two or more States jointly.
Chairman & Members appointed by the President in consultation with the concerned
Governors.
6. Article 323B – Other Tribunals
Enables Parliament or State Legislatures to create tribunals for matters like:
Taxation, Industrial and Labour disputes
Land reforms, Elections
Production, supply, distribution of essential goods Rent, tenancy, etc.
Allows creation of a hierarchy of tribunals for these subjects.
7. Examples of CAT Benches
Bench Covers States/UTs
Chandigarh Haryana, Punjab, Himachal Pradesh, J&K, Chandigarh (5)
Calcutta West Bengal, Sikkim, Andaman & Nicobar Islands (3)
 34

Guwahati Assam, Tripura, Manipur, Meghalaya, Nagaland, Arunachal Pradesh (6) 8.

Significance
Ensures speedy justice in service matters.
Reduces burden on regular courts.
Provides expert adjudication in technical areas of administration.
Inter State Water Disputes
a. Art 262 => parliament may by law setup a tribunal for water disputes and that neither SC or
any other court shall exercise jurisdiction
b. Inter States River Water Dispute Act, 1956 => set up the tribunal
c. Inter State River Water Disputes (Amendment) Bill, 2019
i. Setting up of Dispute Resolution Comm for amicable settlement ofdispute within 1 year
(extendable by 6 months)
ii. If cannot be settled by DRC => Central govt will refer it to Inter-State River Water
Disputes Tribunal iii. New tribunal l (Chairperson, Vice-Chairperson + 3 judicial member + 3
expert members appointed by Central govt) • Term - 5 years or 70 years old iv. The decision of
Tribunal will be final and binding on parties

NORTH-EASTERN COUNCIL (NEC)

• Statutory body under the North Eastern Council Act, 1971 (amended 2002), under the
Ministry of DoNER.
• Covers 8 states: Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland,
Sikkim, and Tripura.
• Members: Governors and Chief Ministers of member states + 3 Presidential nominees.
• Acts as the nodal agency for economic and social development of the NE region.
Key Contributions:
• Focuses on regional connectivity and infrastructure.
• Supported 694.5 MW of power projects and 2,540 km of transmission lines.
• Flagship project: NERCORMP — a sustainable livelihood initiative with IFAD support.
• Promotes sports through cash awards for NE athletes in major games.
• Works on projects in education, healthcare, agriculture, horticulture, tourism, and industry.
• Regularly reviews measures for regional security and public order.

OFFICIAL LANGUAGE
• Part XVII (Articles 343–351) deals with India’s official language.
• Hindi in Devanagari script is the official language of the Union.
• English continues as an associate official language for Union purposes beyond the initial 15
years.
• Parliament may allow continued use of English by law.
• The Centre has full authority over language policy and a duty (Art. 351) to promote Hindi.
• Both Hindi and English are official languages — India has no national language.
 35

• Under Article 344, a 30-member Parliamentary Committee is constituted (after 5 years, then
every 10) to recommend language policy measures.
 36

CONSTITUTIONAL AMENDMENT

● A Constitutional Amendment in India refers to the process of making changes or

modifications to the provisions of the Constitution.
● A Constitutional Amendment can be initiated by either the Lok Sabha (Lower House of
Parliament) or the Rajya Sabha (Upper House of Parliament)

AMENDMENT

MAJORITY NEEDED FOR VARIOUS KINDS OF

● SIMPLE MAJORITY
Amendment by the Simple Majority means 50 percent of members present and voting.
It is to be noted that these amendments fall outside the scope of Article 368.
A few examples of the provisions that can be amended by simple majority are:
Admission or establishment of new states,
Formation of new states and alteration of areas, boundaries, or names of existing states,
Abolition or creation of Legislative Councils in states, etc.
● SPECIAL MAJORITY
Special Majority means more than 50 percent of the total membership of the House and a
majority of two-thirds of the members of that House present and voting.
The provisions that can be amended by Special Majority are:
Fundamental Rights,
Directive Principles of State Policy.
All other provisions that are not covered by the first and third categories.

● SPECIAL MAJORITY OF THE PARLIAMENT AND THE RATIFICATION OF

HALF OF THE STATE LEGISLATURES

Federal features are amended by this majority.

A few examples of the provisions that can be amended this way are:
Election of the President and its manner.
Extent of the executive power of the Union and the States
Provisions related to the Supreme Court and High courts, etc.
 37

1ST AMENDMENT ACT, 1951

● Empowered the state to make provisions for socially and economically backward classes.
● Introduced Articles 31A and 31B to protect land reform laws under the Ninth Schedule.
● Amended Article 19 to allow restrictions on free speech based on public order and other
grounds.

4TH CONSTITUTIONAL AMENDMENT ACT, 1955

● Compensation for property acquisition: Made the scale of compensation for compulsory
acquisition beyond judicial scrutiny.
● Nationalisation of trade: Authorized the state to nationalize any trade.
Related Case: State of Bihar v. Kameshwar Singh (1952): SC held property rights as a
fundamental right and mandated adequate compensation for property acquisition by the state.

7TH CONSTITUTIONAL AMENDMENT ACT, 1956

● State Reorganisation: 14 states and 6 Union Territories were created.
● Abolition of state classifications: The classification of states into Part A, Part B, Part C, and
Part D was abolished.
● Jurisdiction of High Courts: High Courts’ jurisdiction was extended to Union Territories
(UTs).
Articles Amended: Article 1, Article 4.
Articles Added: Article 3A, Article 4A, Article 4B.

9TH CONSTITUTIONAL AMENDMENT ACT, 1960

● Cession of Berubari Union: Provided for the cession of Berubari Union in West Bengal to
Pakistan as per the Indo-Pakistan Agreement (1958).

10TH CONSTITUTIONAL AMENDMENT ACT, 1961

● Incorporation of Dadra and Nagar Haveli: Dadra and Nagar Haveli were incorporated
into the Indian Union by this amendment.
● Amendment of the First Schedule: The First Schedule of the Constitution was amended
to include Dadra and Nagar Haveli as part of India.

12TH CONSTITUTIONAL AMENDMENT ACT, 1962

● Incorporation of Goa, Daman, and Diu: Goa, Daman, and Diu were incorporated into the
Indian Union by this amendment.

13TH CONSTITUTIONAL AMENDMENT ACT, 1962

● Nagaland: Granted statehood to Nagaland, making it the 16th state of India.
● Special Provisions: The Amendment made special provisions for Nagaland, allowing for
greater autonomy and addressing the unique cultural and historical concerns of the region.
 38

14TH CONSTITUTIONAL AMENDMENT ACT, 1962

● Incorporation of Puducherry: Puducherry was formally incorporated into the Indian
Union as a Union Territory.
● Legislatures and Council of Ministers were created for the Union Territories of
Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Puducherry.

15TH CONSTITUTIONAL AMENDMENT ACT, 1963

● High Court Writ Jurisdiction: High Courts were empowered to issue writs to any person or
authority outside its territorial jurisdiction, if the cause of action arose within its territorial
limits.
● Retired Judges of High Courts could be appointed as Acting Judges of the same High Court.
● Retired High Court Judges could also serve as ad hoc Judges in the Supreme Court.

18TH CONSTITUTIONAL AMENDMENT ACT, 1966

● Clarification on State Formation: The Amendment clarified that the power of Parliament to
form a new State also includes the power to create a new State or Union Territory by uniting
part of a State or Union Territory with another State or Union Territory.

22ND CONSTITUTIONAL AMENDMENT ACT, 1969

● Creation of Meghalaya: Created the new Autonomous State of Meghalaya within the
State of Assam.
● Insertion of Article 244A: Inserted Article 244A in the Tenth Schedule, which provides
for the creation of autonomous states within states and the establishment of legislative
assemblies for such areas.

24TH CONSTITUTIONAL AMENDMENT ACT, 1971

● The Amendment reversed the Golak Nath Case (1967), which had held that Parliament could
not amend Fundamental Rights under Article 368.
● It gave Parliament the power to amend any part of the Constitution, including Fundamental
Rights.
● The Amendment made it compulsory for the President to give assent to a Constitutional
Amendment Bill.
Articles Amended:
● Article 368: Clarified Parliament’s power to amend the Constitution.
● Article 13: Removed the restriction on Parliament’s power to amend Fundamental Rights.

25TH CONSTITUTIONAL AMENDMENT ACT, 1971

● Insertion of Article 31C: Added Article 31C, which ensures that laws aimed at giving
effect to the Directive Principles under Articles 39(b) and 39(c) cannot be challenged on the
grounds of violating Fundamental Rights (Articles 14, 19, and 31).
 39

● Judicial Review: Stipulated that such laws are beyond judicial review, thus preventing
courts from striking them down based on their inconsistency with Fundamental Rights.

27TH CONSTITUTIONAL AMENDMENT ACT, 1971

● Introduced special provisions for the Union Territories (UTs) of Arunachal Pradesh and
Mizoram.
● Authorised Parliament to create a Legislative Assembly and a Council of Ministers for
the state of Tripura.
● The Amendment empowered administrators of certain Union Territories to promulgate
ordinances, enhancing their legislative powers.

38TH CONSTITUTIONAL AMENDMENT ACT, 1975

● Made the following non-justiciable (not subject to judicial review):
Declaration of Emergency by the President.
Promulgation of Ordinances by the President, Governors, and Administrators of Union
Territories.
● Multiple Emergency Proclamations: Allowed the President to make different proclamations
of National Emergency on different grounds at the same time.
Articles Amended:
● Article 123: Related to the promulgation of ordinances by the President.
● Article 213: Related to the promulgation of ordinances by Governors.
● Article 239B, Article 352, Article 356 and Article 360: These were amended to give the
President more control and reduce judicial scrutiny during emergencies.

39TH CONSTITUTIONAL AMENDMENT ACT, 1975

● Placed disputes related to the President, Vice-President, Prime Minister, and Speaker beyond
the jurisdiction of the judiciary. Such disputes were to be decided by an authority determined
by Parliament.
● Added laws to the Ninth Schedule, making them immune from judicial review, particularly
regarding land reforms and other policy measures.
Articles Amended:
● Article 71: Related to disputes regarding the election of the President and Vice-President.
● Article 329: Excluded judicial scrutiny of elections for Parliament and State Legislative
Assemblies.
● Article 329A: Excluded judicial intervention in disputes related to the election of the Prime
Minister and Speaker.
Related Case:
● Indira Gandhi v. Raj Narain (1975): The Supreme Court struck down the 39th Amendment
Act. The Court reinforced the Doctrine of Basic Structure, holding that Parliament’s power
to amend the Constitution is not absolute and cannot alter the basic structure.
 40

42ND CONSTITUTIONAL AMENDMENT ACT, 1976 (CALLED THE

‘MINICONSTITUTION’)
● Extended protection to laws implementing any Directive Principle and not just Articles 39(b)
and 39(c).
● Added three new words to the Preamble: Socialist, Secular, and Integrity.
● Added Part IVA to the Constitution, specifying the Fundamental Duties of citizens.
● Added Part XIV A dealing with the establishment of Administrative Tribunals for disputes
related to the administration.
● Inserted three new Directive Principles:
Article 39A: Equal justice and free legal aid.
Article 43A: Participation of workers in the management of industries.
Article 48A: Protection of the environment, forests, and wildlife.
● Five subjects were transferred from the State List to the Concurrent List: Education, Forests,
Protection of Wild Animals and Birds, Weights and Measures, and Administration of Justice.
Limitations on Judiciary:
● Constitutional Amendments made beyond judicial scrutiny, meaning courts could not review
such amendments.
● Judicial Review and writ jurisdiction of the Supreme Court and High Courts were curtailed.
● Laws made for the implementation of Directive Principles could not be declared invalid on
the grounds of violating Fundamental Rights.
Powers of the President:
● The President was made bound to act according to the advice of the Cabinet.
Other Changes:
● The tenure of Lok Sabha and State Legislative Assemblies was raised from 5 to 6 years.
● Provision for the creation of an All India Judicial Service.
● Parliament could make laws to deal with Anti-National Activities.
● Proclamation of National Emergency could be made in a part of the territory of India.
● The duration of President’s rule in a state was extended from 6 months to 1 year.
● The Centre could deploy Armed Forces in any state to maintain law and order.

43RD CONSTITUTIONAL AMENDMENT ACT, 1977

● Restored the jurisdiction of the Supreme Court and High Courts with respect to judicial
review and the issuance of writs.
● The special powers of Parliament to make laws to deal with anti-national activities were
removed.
Articles Amended:
● Article 145: Related to the jurisdiction and powers of the Supreme Court.
● Article 226: Pertains to the jurisdiction of High Courts in issuing writs.
● Article 228: Deals with the transfer of cases to the Supreme Court from High Courts.
 41

Articles Omitted:
● Article 31D: Dealt with special provisions for laws related to anti-national activities.
● Article 32A: Related to the Supreme Court’s jurisdiction on the violation of fundamental
rights.
● Article 131A: Restricted judicial review of disputes between the Union and the States.
● Article 144A: Related to the powers of the President in emergency situations.
● Article 226A: Related to High Court jurisdiction on matters of law and writs.

44TH CONSTITUTIONAL AMENDMENT ACT, 1978 (ENACTED BY THE JANATA

GOVERNMENT)
● Restored the original term of Lok Sabha and State Legislative Assemblies to 5 years
(reversing the 42nd Amendment’s extension to 6 years).
● Removed the reference to the British House of Commons in the context of Parliamentary
Privileges.
● Constitutional protection was granted for the publication of true reports of Parliamentary
proceedings in newspapers.
Powers of the President:
● The President could send back the advice of the Cabinet once for reconsideration, but the
reconsidered advice would be binding.
● Removed the provision that made the satisfaction of the President, Governor and
Administrators final in issuing Ordinances.
On National Emergency:
● Replaced the term “Internal Disturbance” with “Armed Rebellion” in the context of National
Emergency.
● The President could declare National Emergency only upon the written recommendation of
the Cabinet.
On Fundamental Rights:
● The Right to Property under Article 31 was removed from Fundamental Rights and made a
legal right under Article 300A.
● Fundamental Rights under Articles 20 and 21 could not be suspended during a national
emergency.
Powers of the Judiciary:
● Some powers of the Supreme Court and High Courts were restored.
● Removed the provision that curtailed the judiciary’s power to decide election disputes
concerning the President, Vice-President, Prime Minister and Speaker.
Other Changes:
● Chapter IV in Part XII: Inserted Article 300A which protects the Right to Property as a legal
right.
● further amendments to the Ninth Schedule to protect certain laws from judicial review.
 42

52ND CONSTITUTIONAL AMENDMENT ACT, 1985 (POPULARLY KNOWN AS

THE ANTI- DEFECTION LAW)
● Disqualification of Defectors: Introduced provisions for the disqualification of
Members of Parliament (MPs) and State Legislatures on the grounds of defection from their
political party.
● Tenth Schedule: A new Tenth Schedule was added to the Constitution, outlining the
rules for the disqualification of legislators due to defection. It defined:
Defection as when an elected representative voluntarily gives up their membership of the
political party or votes against party directives.
Exceptions: Allowed for disqualification only if the defection was not justified by reasons like
being expelled from the party or joining a new party after a merger.

61ST CONSTITUTIONAL AMENDMENT ACT, 1989

● The voting age was reduced from 21 years to 18 years for elections to the Lok Sabha and
State Legislative Assemblies.
● Replaced the term “twenty-one years” with “eighteen years” in the relevant provisions.
Articles Amended:
● Article 326: Relating to the qualifications for voting in elections.

65TH CONSTITUTIONAL AMENDMENT ACT, 1990

● Replaced the Special Officer for SCs and STs with a multi-member National
Commission for Scheduled Castes (SCs) and Scheduled Tribes (STs), to ensure more effective
representation and advocacy for these communities.
● Article 338: Related to the powers and functions of the National Commission for
Scheduled Castes and Scheduled Tribes.

69TH CONSTITUTIONAL AMENDMENT ACT, 1991

● Accorded special status to the Union Territory of Delhi, designating it as the National
Capital Territory (NCT) of Delhi.
● Established a 70-member Legislative Assembly and a 7-member Council of Ministers
for the National Capital Territory of Delhi to allow for local governance.
Articles Added:
● Article 239AA: Relates to the special provisions for the governance of National Capital
Territory of Delhi, including the formation of the Legislative Assembly and Council of
Ministers.
● Article 239AB: Deals with the powers of the President of India regarding the
administration of Delhi in case of a breakdown of constitutional machinery.
 43

73RD CONSTITUTIONAL AMENDMENT ACT, 1992

● Granted constitutional status to Panchayati Raj Institutions (PRIs), ensuring their
importance in the governance structure.
● Added Part-IX of the Constitution titled “The Panchayats”, which defines the
framework for local self-governance.
● Introduced the Eleventh Schedule, which lists 29 functional items that Panchayats are
responsible for, aiming to decentralize power and responsibilities.
Articles Added:
● Article 243-243(O): These articles deal with the establishment, powers, and functions
of Panchayats, including their composition, elections, and powers to deal with the listed
functions.

74TH CONSTITUTIONAL AMENDMENT ACT, 1992

● Granted constitutional status to Urban Local Bodies (ULBs), similar to the Panchayati
Raj Institutions in rural areas.
● Added Part-IX-A titled “The Municipalities”, which provides the framework for urban
local governance.
● Introduced the Twelfth Schedule, listing 18 functional items for Municipalities,
outlining their responsibilities and powers in urban areas.
Articles Added:
● Articles 243-P to 243-ZG: These articles govern the establishment, structure, and
functioning of Municipalities, including elections, powers, and responsibilities.

77TH CONSTITUTIONAL AMENDMENT ACT, 1995

● Provided for reservation in promotions for SCs and STs in government jobs.
Article Added:
● Article 16(4A): Allowed for reservation in promotions for SCs and STs in government jobs,
addressing the issue of representation in higher-level positions.
Related Case:
● Indra Sawhney Case (1992):
Upheld 27% reservation for Other Backward Classes.
Struck down the 10% quota for economically backward higher castes.
50% cap on total reservation was upheld.
Introduced the ‘creamy layer’ concept.

81ST CONSTITUTIONAL AMENDMENT ACT, 2000

● Backlog Vacancies: Allowed the government to consider unfilled reserved vacancies as a
separate class of vacancies to be filled in the succeeding year(s).
● End of 50% Ceiling: Removed the 50% ceiling on reservation for backlog vacancies.
 44

Article Added:
● Article 16(4B): Addressed the filling of backlog vacancies reserved for SCs, STs, and OBCs.

82ND CONSTITUTIONAL AMENDMENT ACT, 2000

● Allowed relaxations in qualifying marks or lowering of evaluation standards for SCs and STs
in examinations.
Related Case:
● S. Vinod Kumar v. Union of India: The Supreme Court ruled that Article 335 (which relates
to the efficiency of administration) does not permit relaxations in rules for reservations in
promotions under Article 16(4).
● Indira Sawhney Case: Reinforced that relaxations in the rules for promotion reservations
were not allowed under Article 16(4).
Articles Amended:
● Article 335: Relates to the efficiency of administration in the context of reservations.

85TH CONSTITUTIONAL AMENDMENT ACT, 2001

● Provided “Consequential Seniority” for SCs and STs promoted under the reservation
rules with retrospective effect from June 1995.
Articles Amended:
● Article 16(4A): Relates to promotion by reservation and the consequential seniority
granted toSCs and STs.
Related Case:
● Ram Bhog Singh v. Rajiv Sinha & Ors. (High Court of Delhi): The court dealt with
consequential seniority in promotions for government servants from SCs and STs under
reservation rules.

86TH CONSTITUTIONAL AMENDMENT ACT, 2002

● Made elementary education a Fundamental Right for all children between the ages of 6 and
14.
● Amendment to Article 45: Changed Article 45 in the Directive Principles to state that the
State shall endeavour to provide early childhood care and education to all children until they
complete the age of six years.
Articles Added:
● Article 21-A: Guaranteed free and compulsory education for children aged 6 to 14 years as a
Fundamental Right.
Articles Amended:
● Article 45: Revised to include early childhood education.
● Article 51-A: Added Fundamental Duty for parents and guardians to provide opportunities
for education to children.
Related Case:
 45

● Virpal Singh Chauhan Case: The Supreme Court upheld the importance of free education and
the state’s responsibility under Article 21-A.

87TH CONSTITUTIONAL AMENDMENT ACT, 2003

Population Figures for Delimitation:
● The Amendment provided that the population figures from the 2001 Census would be
used for the readjustment and rationalisation of territorial constituencies in the States, replacing
the 1991 Census figures (as per the 84th Amendment Act of 2001).
Articles Amended:
● Article 81: Relates to the allocation of seats in the House of the People (Lok Sabha) and
readjustment of territorial constituencies based on the most recent census data.

89TH CONSTITUTIONAL AMENDMENT ACT, 2003

Bifurcation of the National Commission for Scheduled Castes and Scheduled Tribes:
● The 89th Amendment Act of 2003 bifurcated the existing National Commission for
Scheduled Castes and Scheduled Tribes into two separate bodies:
1. National Commission for Scheduled Castes (NCSC)
2. National Commission for Scheduled Tribes (NCST)
● This division was made to provide more focused attention and better representation to
the issues and rights of Scheduled Castes (SCs) and Scheduled Tribes (STs) individually.
Articles Amended:
● Article 338: Originally dealt with the National Commission for Scheduled Castes and
Scheduled Tribes. After the bifurcation, it continues to address the National Commission for
Scheduled Castes.
Articles Added:
● Article 338A: Created a separate provision for the National Commission for Scheduled
Tribes, emphasizing its role in addressing the issues specific to Scheduled Tribes.

91ST CONSTITUTIONAL AMENDMENT ACT, 2003

● Limit on Ministers: Total number of ministers, including PM, cannot exceed 15% of Lok
Sabha strength.
Same applies to State Assemblies.
● Disqualification for Political Posts: A member disqualified for defection is also ineligible for
any remunerative political post.
● Deletion of Split Exemption: The provision allowing exemption from disqualification in case
of a split by one-third of the legislature party was removed.
Articles Amended:
● Article 75: Relates to appointment of PM and Council of Ministers at the Centre.
● Article 164: Relates to appointment of CM and Council of Ministers in States.
Articles Added:
 46

● Article 361B: Deals with disqualification of members for defection and ineligibility for
remunerative political posts.

93RD CONSTITUTIONAL AMENDMENT ACT, 2005

● The Amendment enabled the State to make special provisions for socially and
educationally backward classes, Scheduled Castes (SCs), and Scheduled Tribes (STs) in
educational institutions, including private institutions (except minority educational
institutions).
Related Cases:
● T M A Pai Foundation v. The State of Karnataka (2002): The Supreme Court held that
the State could not impose reservations in unaided private institutions for non-minorities
without government support.
● P A Inamdar v. The State of Maharashtra (2005): The Court reinforced the principle that
reservations cannot be imposed on unaided private institutions for minorities or nonminorities.
Articles Amended:
● Article 15: Prohibits discrimination on the grounds of religion, race, caste, sex, or place
of birth.
Articles Added:
● Article 15(5): Enables the State to make special provisions for backward classes, SCs,
and STs in educational institutions, except for minority educational institutions.

97TH CONSTITUTIONAL AMENDMENT ACT, 2011

● The Amendment granted Constitutional status to co-operative societies and brought in
several significant changes:
Right to Form Co-operative Societies as a Fundamental Right: The right to form co-operative
societies was made a Fundamental Right under Article 19(1)(c).
Promotion of Co-operative Societies as a Directive Principle: A new Directive Principle of
State Policy (DPSP) was added to promote the establishment and development of co-operative
societies.
Addition of Part IX-B: Part IX-B was added to the Constitution, specifically focusing on “The
Co- operative Societies.” Articles Amended:
● Article 19: Relates to the protection of certain rights regarding freedom of speech, assembly,
and association, and now includes the right to form co-operative societies.
Articles Added:
● Article 43-B: Added as a Directive Principle to promote co-operative societies.
● Article 19(1)(c): Explicitly grants the right to form co-operative societies as part of
fundamental rights.

99TH CONSTITUTIONAL AMENDMENT ACT, 2014

● National Judicial Appointments Commission (NJAC): Replaced the Collegium System for
judicial appointments, aiming for transparency and inclusiveness.
 47

● Supreme Court Ruling (2015): The Supreme Court declared the NJAC unconstitutional and
void, citing a threat to judicial independence.
Articles Amended:
● Article 124: Relates to the Supreme Court.
● Article 127, 128: Appointment of ad hoc and retired judges.
● Article 217, 222, 224, 224A: Pertains to High Court judges and transfers.
● Article 231: Establishment of High Courts for Union Territories.
Articles Added:
● Article 124A: Establishment of NJAC.
● Article 124B: Composition and functions of NJAC.
● Article 124C: Powers of NJAC.

100TH AMENDMENT ACT, 2015

● Acquisition of certain territories by India and transfer of certain other territories to
Bangladesh (through exchange of enclaves and retention of adverse possessions) in pursuance
of the Land Boundary Agree-ment of 1974 and its Protocol of 2011 was made effective by this
Amendment.

101ST AMENDMENT ACT, 2016

● The Amendment introduced the Goods and Services Tax (GST) regime in the country. The
amendment has made the following Changes:
● Provided for the establishment of a Goods and Services Tax Council by a Presidential order.
● Compensation to the States for loss of revenue arising on account of introduction of GST for
a period of five years.
● Substituted and omitted certain entries in the Union and State Lists of the Seventh Schedule.
● Articles amended: Article 248, 249, 250, 268, 269, 270, 271, 286, 366, 368
● Articles added: Article 246A and Article 269A. The GST Council, established under Article
279A

102ND AMENDMENT ACT, 2018

● Constitutional status was conferred on the National Commission for Backward Classes which
was set-up in 1993 by an Act of the Parliament.
● Article 342A gave the Indian President the authority to establish socially and educationally
disadvantaged groups in each of the states and union territories.
● Articles added: Article 338B and Article 342A

103RD AMENDMENT ACT, 2019

● provided for a 10% reservation in government jobs and educational institutions for
individuals from economically weaker sections (EWS) of society who are not covered under
existing reservation categories.
 48

● Articles added: Articles 15(6) and 16(6)

104TH AMENDMENT ACT, 2020
● It ceased the reservation of seats for Anglo-Indians in the Lok Sabha and State Legislative
assemblies
● Extended reservations for SCs and STs for up to ten years.
● Article 334 was amended to extend the period of reservation in the legislature for SCs and
Scheduled Tribes from seventy to eighty years i.e. for ten years till 26th January 2030. ●
Articles amended: Article 334

105TH AMENDMENT ACT, 2021

● The 105th Amendment Act restored the power of the State Governments and Union
Territories to identify Socially and Educationally Backward Classes (SEBCs).

106TH AMENDMENT ACT, 2023 (NARI SHAKTI VANDAN ADHINIYAM, 2023)

● It reserves one-third of all seats for women in Lok Sabha, state legislative assemblies, and
the Legislative Assembly of the National Capital Territory of Delhi.
● This will also apply to the seats reserved for SCs and STs in Lok Sabha and state legislatures.
● Based on the census conducted after the Act delimitation will be undertaken to reserve seats
for women.
● The reservation will be provided for a period of 15 years.
● Seats reserved for women will be rotated after each delimitation, as determined by a law
made by Parliament.
● Articles amended: Article 330A, Article 332A, Article 239AA