NAGARJUNA DEGREE COLLEGE

STUDY MATERIAL FOR CONSTITUTIONAL VALUES

Unit 1

I. Evolution of Indian Constitution:

The origin and growth of the Indian Constitution have its roots in Indian history
during the British period. From 1773 onwards, various Acts were passed by the
British Government for the governance of India.

The period of historical British Constitutional experiments in India can be divided

into two phases:

1. Phase 1- Constitutional experiment during the rule of the East India

Company (1773-1857)
2. Phase 2 – Constitutional experiments under the British Crown (1857-1947)

 Constitutional Development – East India Company Rule (1773 – 1857)

From 1757 to 1857, 5 major laws were created to regulate the functioning of
British East India Company and to help them rule over India. The details of these 5
Acts are mentioned below.

1. Regulating Act of 1773

The process of Centralization in India was initiated through the Regulating Act of
1773.

 This is the first Act passed by the British Parliament to control and regulate
the affairs of the East India Company in India.
 As per this Act, the Governor of Bengal was made the Governor-General.
 A Supreme Court was established at Calcutta in 1774, as per the provisions
of Regulating Act 1773.

2. Pitts India Act of 1784

 As per this Act of 1784, the territories of East India Company was called as
the “British Possessions in India”
 As per this Act, a joint Government of British India run by the Crown and
Company was established. The government had the ultimate power and
authority.
 Governors Councils were established in Bombay and Madras.
 3. Charter Act of 1813

 It brought an end to the monopoly of East India Company, over trade with
India.
 Trade with India was opened for all British Citizens with the exception of
Tea Trade.

4. Charter Act of 1833

 Governor-General of Bengal became the Governor-General of India.

 East India Company ended as a mere administrative body, it was no longer a
commercial body.
 The Governor-General was given full control over revenue, civil and military.

5. Charter Act of 1853

 Civil Service Examination was introduced. It was a competitive examination

for recruitment into the civil services.
 Executive and Legislative functions of the Governor-General were separated.
 The Central Legislative Council started functioning as a Mini-Parliament. It
adopted the same procedures of the British Parliament.

 Constitutional Development – Rule under the British Crown (1857-

1947)
This begins the 2nd phase of the Constitutional development under the British
Crown.

1. Government of India Act of 1858

 Government of India Act of 1858 passed by British Parliament, brought an

end to the rule of East India Company. The powers were transferred to the
British Crown.
 The Secretary of State for India was given the powers and duties of the
former Court of Directors. He Controlled the Indian Administration through
the Viceroy of India.
 Governor-General of India was made the Viceroy of India.

2. Indian Council Act of 1861

 Indians were nominated as non-official members for the 1st time in the
Legislative Council of Viceroy.
  Legislative powers of the Provinces of Bombay and Madras were restored.
 Legislative Councils were started in the Provinces of Punjab, North-Western
Frontier Province (NWFP), Bengal.

3. Indian Council Act of 1892

 The size of the Legislative Council was increased.

 The Legislative Council was given more power, they had the power to
deliberate on the Budget and could pose questions to the Executive.

4. Indian Councils Act, 1909 – Morley Minto Reforms

 Indian Councils Act of 1909 is commonly known as Morley Minto Reforms.

 For the 1st time, Direct elections were introduced for the Legislative
Councils.
 The Communal representation system was introduced by giving separate
electorate. It was a system where seats were reserved only for Muslims and
only Muslims would be polled.

5. Government of India Act, 1919

 Government of India Act, 1919 was also known as the Montagu Chelmsford
reforms.
 Bicameralism was introduced for the 1st time.
 Provincial and Central Subjects were separated.
 Dyarchy, a scheme of Dual Governance was introduced in the Provincial
Subjects

6. Government of India Act 1935

This was the longest and last constitutional measure introduced by British India. It
was the result of multiple round table conferences and a report by the Simon
Commission.

 Bicameralism was introduced in 6 Provinces (Bengal, Bombay, Madras,

Assam, Bihar, United Provinces) out of 11 provinces.
 The Legislature in the provinces were enlarged.
 As per the Act, the powers were divided into Federal List, Provincial List and
Concurrent List.
 Provincial autonomy was introduced in the Provinces by abolishing the
Dyarchy.
 There was provision for the adoption of Dyarchy at the Centre.
  Provided provisions for establishing Federal Court, Reserve Bank of India
(RBI).
 There was provision for the establishment of All India Federation consisting
of Provinces and the Princely States as units.
 Due to the length of Government of India Act 1935, it was divided into 2
separate Acts.

7. Cripps Mission – 1942

 Dominion status would be given to India, after the 2nd World War.
 Once the Second World War ends, an elected body would be set up in India
for framing of Indian Constitution.
 Almost all the Parties and sections in India rejected the proposals given by
the Cripps Mission.

8. Cabinet Mission – 1946

Some of the main proposals of the Cabinet Mission plan was

 The Indian States and British Provinces would combine to form Union of
India
 A Constituent Assembly would be established consisting of 389 members.
 A representative body would be formed named as the Constituent Assembly.
 Until the Constitution was framed, the Constituent Assembly would act as
the Dominion Legislature.
 Until the Constitution was framed, India would be administered as per
the Government of India Act, 1935.

9. Mountbatten Plan – Indian Independence Act – 1947

 British India was partitioned into India and Pakistan with effect from 15th
August 1947.
 Conferred complete legislative authority to the Constituent Assembly.
 Established Governments in both Provinces and States.

II. Nationalist Movements:

Indian National Movements

The Indian National Movements refer to various mass movements that emerged in
India during the colonial period. Various political parties and organizations led
these movements. They worked tirelessly to bring an end to British colonialism in
India. Here's a brief overview of the major Indian National Movements:

Revolt of 1857 (Sepoy Mutiny)

The Revolt of 1857, also known as India's First War of Independence or the first
freedom movement in India, took place on May 10, 1857. It occurred in various
locations, including Meerut, Delhi, Agra, Kanpur, and Lucknow. Introduction of
‘Enfield’s rifle which used cartridge greased with pig & cow fat was the main
cause for the revolt.

Partition of Bengal
The Partition of Bengal was a political act of the British Indian government in
1905. It divided the province of Bengal into two parts:
o a Muslim-majority Eastern Bengal and Assam, and
o a Hindu-majority Bengal, with its capital at Calcutta.
Radical nationalism was triggered due to the partition of Bengal.

Swadeshi Movement
The Swadeshi Movement was a socio-political movement that began in India in
1907 in Kolkata. This movement injected self-reliance asserting pride, honor, and
confidence in one's country. People learned how to oppose and disobey the British
government. This movement resulted in revival of the Indian Cottage Industry and
establishments of Swadeshi textile mills and soap factories.

All India Muslim League

o Objective: To represent Indian Muslims and convey their distinct identity to
the British government.
o Causes: To protect Muslims' political rights, express such rights to the
government, and stop Muslims from developing intolerance toward other
communities in India.
o Impact: It established the presumption that because Hindus and Muslims
belong to separate cultures, they cannot coexist in the same nation.

Home Rule Movement

The Home Rule Movement was political and social. It emerged in India during
1916-1918. It aimed to demand self-rule and self-governance for India within the
British Empire. This movement build confidence among Indians to speak against
the government's suppression.

Champaran Satyagraha and Kheda Satyagraha

The Champaran Satyagraha was a civil disobedience movement. It was led by
Mahatma Gandhi in the Champaran district of Bihar, India, in 1917.

The Kheda Satyagraha was a nonviolent civil disobedience movement. It was led
by Mahatma Gandhi in the Kheda district of Gujarat, India, in 1918.
Rowlatt Act
The Imperial Legislative Council passed Rowlatt Act to counter the militant
nationalist upsurge was passed in 1919. This act allowed the British Government
to Jail any suspected terrorist activities without trial.

Jalliawala Bagh Massacre

The Jallianwala Bagh Massacre, also known as the Amritsar Massacre, was tragic
on April 13, 1919. It occurred in the Jallianwala Bagh public garden in Amritsar,
Punjab, India. People assembled to protest against Rowlatt Act.

Non-Cooperation Movement
The Non-Cooperation Movement was a significant civil disobedience movement. It
was launched by the Indian National Congress under the leadership of Mahatma
Gandhi in 1920 to achieve India's independence from British colonial rule. The
objective of this movement was to oppose British rule and get complete
independence in India.

Civil Disobedience Movement

The Civil Disobedience Movement was a nonviolent campaign of civil disobedience
and non-cooperation. It was launched by Mahatma Gandhi and the Indian National
Congress in 1930. The protest was about tax against the British salt monopoly It
became a mass satyagraha and created awareness among people.

Quit India Movement

The Quit India Movement was a mass civil disobedience movement. It was
launched by Mahatma Gandhi and the Indian National Congress in 1942,
demanding an end to British colonial rule in India. As an outcome, INC was
declared an unauthorized organization and mass participation of people in a
positive way.

III . Constituent Assembly:

What is a Constituent Assembly?

 The Constituent Assembly is an institution specifically conceived for the

creation or modification of a Constitution. The Constituent Assembly has
the power to dictate or change the norms that will govern the functioning of
the political and social system of a territory.
 The Constituent Assembly's objective was drafting and formulating
the Constitution of India because that was the only way the self-
determination concept could be implemented in India.
What was the composition of the Constituent Assembly?

 The Constituent Assembly comprised members who were partly elected

and partly nominated. The elected members were indirectly elected by
members of the provincial legislative Assembly, who were elected on
the limited franchise.
 Total Strength of the Constituent Assembly was 389 in which 296 were from
British India and 93 members were from the princely states.
 Seats allocated to each British province were divided among three principal
communities- Muslims, Sikhs, and General, in proportion to their
population.

When did the Constitution come into force?

 As per the provisions in the Constitution, it formally commenced on

January 1950, bringing it into force in its entirety. This date was chosen to
commemorate the declaration of ‘Poorna Swaraj’ by J.L. Nehru at an
annual session of the Congress in Lahore in 1929.
 Some of the Constitution's provisions, included in Articles 5, 6, 7, 8, 9, 60,
324, 366, 367, 379, 380, 388, 391, 392, and 393, relating
to citizenship, elections, a provisional parliament, temporary and transitional
laws, and short titles, came into effect on November 26, 1949.
 The remaining provisions of the Constitution took effect on January 26,
1950, and the entire Constitution was enforced. This day is celebrated
as Republic Day.

IV. What were the various committees of the Constituent

Assembly?

The Constituent Assembly, at various points during the Constitution-making

process, appointed several committees on different aspects of the Constitution to
conduct preliminary research and deliberations within smaller groups.

Organizational Committee
Committee Chairperson
Rules of procedure committee Rajendra
Prasad
Steering committee Rajendra
Prasad
Staff and finance committee Rajendra
Prasad
Credentials committee K. Ayyar
Order of Business committee K. M. Munshi
States (negotiating) committee J. [Link]
Flag committee Rajendra
Prasad
Committee on functions of Constituent G. V.
Assembly Mavlankar

Principal Committees and their sub-committees

Committee Chairperson
Advisory committee on fundamental rights, minorities, Tribal Sardar Patel
areas and excluded areas
Union Powers committee J. L. Nehru
Union Constitution committee J. L. Nehru
Provincial Constitution committee Sardar Patel
Drafting committee Dr. B. R.
Ambedkar

Drafting Committee

The drafting committee was one of the eight most important committees of the
Constituent Assembly. It was set up on 29th August 1947, by the constituent
assembly. At the first meeting of the Drafting Committee on 30th August 1947, the
chairman of the committee was elected as Dr B.R Ambedkar.

It was the most important committee as it was entrusted with the responsibility of
drafting a new constitution for India based on the reports submitted by the other
committees of the constituent assembly.

The drafting committee published the first draft of the would-be constitution on
21st February 1948. It was then scrutinised by the citizens of India for about eight
months. Further amendments were also proposed by the citizens.
 After hearing the feedback from the public, the necessary amendments were made
and the following draft of the constitution was published in October 1948.

Since its inception in 1947, the drafting committee took 2 years, 11 months and 17
days to frame the full Constitution of India.

The constituent Assembly had held a total of 11 sessions over the course of 165
days. Out of these, 114 days were spent on the deliberations of the drafting
committee and the draft(s) Constitution.

A total of seven members made up the prominent Drafting Committee. These

members are:

 B.R. Ambedkar – Chairman

 Alladi Krishnaswami Ayyar
 K.M Munshi
 B.L. Mitter
 D.P. Khaitan
 Mohammad Saadulla
 N. Gopalaswami

V. Role of Ambedkar, Nehru and Petal

Role of Dr BR Ambedkar in the making of the constitution

Dr BR Ambedkar’s roll in the making of constitution is monumental and central to
understanding the evolution of modern Indian state. Known as the father of Indian
constitution, his contribution reflects a deep commitment to establishing a
Framework for legal and social revolution in India aiming to eradicate historical
injustice and provide a secure and equitable Society for all irrespective of caste
religion or gender.

Key contributions of Dr BR Ambedkar

1. Chairman of drafting committee:

Dr Ambedkar was appointed as the chairman of drafting committee of the
constituent assembly. In this capacity, he was responsible for drafting the
constitutional document, Steering the discussions and deliberations of the
committee, and shaping the final document. His legal exercise and vision was
institutional in adding Complex issues related to governance, fundamental rights
social Justice.

2. Architect of the constitution

Ambedkar's scholarship and his understanding of the Indian social fabric allowed
him to infuse the constitution with principles that aimed at transforming the
traditional societal structures. He ensured that the constitution became a tool for
social transformation, geared towards rectifying historic injustice and empowering
marginalized communities.

3. Advocate for Social Justice

One of Ambedkar foremost contributions was his unweaving advocacy for the
rights of the oppressed cast, the Dalits. He fought for the inclusion of specific
provisions of the protection and advancement of historical disadvantage groups,
including the scheduled caste and Scheduled Tribes. His efforts led to the
reservation system in education, employment and legislature which remains a
significant aspect of India's affirmative action policy today.

4. Campaign of fundamental rights

Ambedkar's legal expertise helped in formulating a comprehensive set of

fundamental rights ,enshrined in part III of the Constitution drawing from global
examples such as US bills of right and the Universal Declaration of Human Rights.
He was instrumental in framing the rights related to Equality ,right to freedom
and right against exploitation.

5. Promoter of constitutional methods

He was a strong advocate for adhering to constitutional methods for achieving

social and economic objectives emphasizing the importance of non violence and
legal Pathways over agitation and protest.

6. Proponent of women's rights

Ambedkar was also forward-thinking in his approach towards gender equality. He

campaigned the rights of women particularly in legal and marital issues , which
sort to revolutionaries Hindu personal laws and provide women with rights of
inheritance and divorce, although much of it was not accepted during his time.
7. Economic Visionary

His insights into economic planning and administration where adhered of the time
and influenced the Directive Principles of State Policy. Ambedkar believed in the
importance of state intervention in the economy to ensure welfare and
development, advocating for measures such as the right to work, education and
public assistance in cases of unemployment , old age ,sickness and disablement.

Nehru's contribution in making of the constitution

Jawaharlal Nehru's contribution in the making of the Indian Constitution was

crucial ,reflecting his vision for an independent India shaped by modern
democratic principles. As the first Prime Minister of India and a prominent leader
in the Indian Independence movement Nehru's role was multifested and
influential.

1. Visionary Leadership

Nehru provided visionary leadership that was pivotal during the drafting of the
constitution fair instrumental in shipping the modern secular and democratic
ethos of India on a scientific and rational approach to societal development
influence the constitutional framework.

2. Objective Resolution

In December 1946 Nehru moved the 'objective resolution' in the constitutional

assembly which outline the aspirations and values that where to be guide the
constitution . This resolution was proposed that India would be a
sovereign ,Democratic Republic guaranteeing it citizens justice, equality and
freedom and emphasized to the importance of India's Unity while accommodating
its diversity.

3. Promotion of a secularism and democracy

Nehru's strong secularism and advocacy of Democratic governance where

embedded in the constitution. He campaigned for a secular state where all
religions were respected and where the state had no official religion. His
commitment to democracy ensured that democratic processes where at the core of
governance.

4. Influence in debates

Nehru was key figure in discussions and debates surrounding the constitution . His
opinions on various matters, including the language policy , structure of
Government and federalism significantly shaped the final document. His speeches
and writings during this period highlighted his deep engagement with the process
and his commitment to a Constitution that balanced idealism with pragmatism.

5. Integration and Unity

As a leading voice in the constituent assembly and the national political Arena,
Nehru worked tirelessly to ensure the integration of various princely states into
the Indian Union ,crucial factor of the political Unity needed for an effective
constitution. His approach helped in stabilizing the initial years of the Indian
Republic and making democratic integrity.

6. Institution building

Nehru's contributions also extended to the establishment of key institutions that

would ensure the success of the democratic Framework laid out in the constitution
. His vision included strong, independent institutions that could up hold the
Constitution and its values, such as the election commission, the Supreme court
and the planning commission.

Role of Sardar Vallabhbhai Patel :

Sardar Vallabhbhai Patel was one of the most respected leaders in the Constituent
Assembly and is often credited with the successful unification of India’s princely
states into one nation.

Key roles:

 Advisory committee on Fundamental rights and Minorities: Patel chaired the

advisory committee on Fundamental rights, minorities and tribal areas. This
committee was responsible for:
- Ensuring that the fundamental rights of all citizens, especially
minorities were protected.
- Creating affirmative action policies (such as reservations for SC
and ST) to uplift marginalized communities.
- Securing representation for minorities in legislatures and
governance ensuring communal harmony in India’s plural
society.
 State reorganization: Patel played a pivotal role in the integration of Princely
states into independent India. At the time of independence, over 500
princely states existed each with its own ruler. Patel worked tirelessly to
bring these states under the Indian union, ensuring that they become part of
the new nation without conflict.
 - He led the State Committee, which laid down the framework for
integrating these princely states into Indian federal structure.
 Strong Central Government: Like Nehru, Patel also believed in strong
central government. He emphasized that India’s unity and strength
depended on a powerful central authority that could maintain law and order,
prevent succession and uphold national security.
Patel’s contributions helped to ensure India’s territorial and political unity,
as well as providing a stable framework for the governance of minorities and
valuable communities.

IV. Preamble:

Four important aspects can be ascertained from the above text of the
preamble

1. Source of authority of the constitution: It derives its authority

from the people of India
2. Nature of Indian state: It declares India to be a sovereign,
socialistic, secular democratic and republican polity
3. Objectives of the constitution: It specifies justice, liberty, equality
and fraternity as the objectives
4. Date of adoption: Nov 26 th , 1949
5. Date of enforcement: Jan 26 th ,1950

Key terms in the preamble

Sovereign

 It implies India is neither a dependency nor a dominion of any other

nation but an independent state
 Membership of the commonwealth for India or UN membership does
not diminish its sovereignty

Socialist

 The term was added through 42 nd amendment act, 1976

 Indian style of socialism is a democratic socialism (both public and
private enterprises is encouraged) as opposed to communist socialism
(state decides everything under the sun concerning the distribution
and usage of resources)
 Indian socialism is a blend of Marxist and Gandhian socialism, with
heavy leanings towards the latter.

Secular
  The term was added through 42 nd amendment act, 1976
 No religion in Indian is given the status of state religion. All religions
are equal
 This is evident when one considers the secular Fundamental
provisions of our constitution. Ex: Right against discrimination based
on religion, race, caste etc

Democratic

 Our constitution establishes a democracy based on popular

sovereignty
 Our democracy is an indirect democracy where elected
representatives take decision concerning the country. (The opposite of
this happens to be direct democracy where citizens take decisions
using tools such as- referendum, plebiscite, initiate and recall)
 Our democracy is based on representative parliamentary democracy
under which the executive is responsible to the legislature
 The term democratic is used in the preamble in the broader sense
embracing not only political democracy but also social and economic
democracy

Republic

o India is democratic republic, meaning, its offices are open to

every citizen of India unlike the UK where the highest office in
the country is reserved for the monarchy.
o The head of the nation is one among the citizens of India

Justice

 The ideal of justice in this case embraces three distinct forms- social,
economical and political
 Social justice denotes the equal treatment of all citizens without any
social discrimination
 Economic justice denotes the non-discrimination between people on
the basis of economic factors
 Political justice means all citizens should have equal political rights,
equal access to all political offices and equal voice in the government

Liberty

 It means the absence of restraints on the activities of individuals and

the same time, providing opportunities for the development of
individuals
 The preamble assures to all citizens- liberty of thought, expression,
belief, faith and worship through various provisions
  This ideal was borrowed from French revolution

Equality

 It means the absence of special privileges to any section of the society

and provision of adequate opportunities for all individuals without any
discrimination
 The equality mentioned in the preamble embraces- civic, political and
economic quality
 This ideal was borrowed from French revolution
 Various provisions of our constitution give effect to this principle

Fraternity

 This ideal was borrowed from French revolution

 Fraternity means a sense of brotherhood
 The preamble declares that fraternity has to assure two things- the
dignity of the individual and the unity and integrity of the nation. The
word integrity was added through 42 nd constitutional amendment act,
1976
 The constitution tries to promote a sense of fraternity through the
system of single citizenship and provisions included in Fundamental
duties

The preamble has been amended only once. That is- 42nd constitutional
amendment act, 1976 when three new terms were added- Socialist, secular and
integrity

Unit-2

I. Constitution of India – Major Features

The salient features of the Indian Constitution are listed and briefed below:

1. Lengthiest Written Constitution

 The Constitution of India has the distinction of being the lengthiest and
detailed Constitutional document the world has so far produced. In other
words, the Constitution of India is the lengthiest of all the written
constitutions of the world.
 It is a very comprehensive, elaborate and detailed document.

The Constitution of India contains not only the fundamental principles of

governance but also detailed administrative provisions.
 Both justiciable and non-justiciable rights are included in the Constitution.
etc

2. Drawn from Various Sources

 The Constitution of India has borrowed most of its provisions from the
constitutions of various other countries as well as from the Government of
India Act of 1935 [About 250 provisions of the 1935 Act have been included
in the Constitution].
 Dr B R Ambedkar proudly acclaimed that the Constitution of India has been
framed after ‘ransacking all the known Constitutions of the world’.

3. Blend of Rigidity and Flexibility

 The Indian Constitution is a unique example of the combination of rigidity

and flexibility.
 A constitution may be called rigid or flexible on the basis of its amending
procedure.
 The Indian Constitution provides for three types of amendments ranging
from simple to most difficult procedures depending on the
nature of the amendment.

4. Federal System with Unitary Bias/ Quasi Federalism

 The Constitution of India establishes a federal system of government.

 It contains all the usual features of a federation, such as two governments,
division of powers, written constitution, the supremacy of the constitution,
the rigidity of the Constitution, independent judiciary and bicameralism.
 However, the Indian Constitution also contains a large number of unitary or
non-federal features, such as a strong Centre, single Constitution,
appointment of state governor by the Centre, all-India services, integrated
judiciary, and so on.

5. Parliamentary Form of Government

 The parliamentary system is based on the principle of cooperation and

coordination between the legislative and executive organs while the
presidential system is based on the doctrine of separation of powers between
the two organs.

 The Constitution establishes the parliamentary system not only at the Centre
but also in the States.
  In a parliamentary system, the role of the Prime Minister has become so
significant, and therefore it is called a ‘Prime Ministerial Government’.

6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy

 The Supreme Court can declare the parliamentary laws as unconstitutional

through its power of judicial review.
 The Parliament can amend the major portion of the Constitution through its
constituent power.

7. Integrated and Independent Judiciary

 India has a single integrated judicial system.

 Also, the Indian Constitution establishes Independent Judiciary by enabling
the Indian judiciary to be free from the influence of the executive and the
legislature.
 The Supreme Court stands as the apex court of the judicial system. Below
the Supreme Court are the High Courts at the state level.
 Under a high court, there is a hierarchy of subordinate courts, that is district
courts and the other lower courts.
 The Supreme Court is a federal court, the highest court of appeal, the
guarantor of the fundamental rights of the citizens and the guardian of the
Constitution. Hence, the Constitution has made various provisions to ensure
its independence.

10. Fundamental Rights

 Part III of the Indian Constitution guarantees six fundamental rights to all
Citizens.
 Fundamental Rights are one of the important features of the Indian
Constitution.
 The Constitution contains the basic principle that every individual is entitled
to enjoy certain rights as a human being and the enjoyment of such rights
does not depend upon the will of any majority or minority.
 No majority has the right to abrogate such rights.
 The fundamental rights are meant for promoting the idea of political
democracy.
 They operate as limitations on the tyranny of the executive and arbitrary
laws of the legislature.
 They are justiciable in nature, that is, enforceable by the courts for their
violation.
9. Directive Principles of State Policy

 According to Dr B R Ambedkar, the Directive Principles of State Policy is a

‘novel feature’ of the Indian Constitution.
 They are enumerated in Part IV of the Constitution.
 The Directive Principles were included in our Constitution in order to
provide social and economic justice to our people.
 Directive Principles aim at establishing a welfare state in India where there
will be no concentration of wealth in the hands of a few.
 They are non-justiciable in nature.

10. Fundamental Duties

 The original constitution did not provide for the fundamental duties of the
citizens.
 Fundamental Duties were added to our Constitution by the 42nd Amendment
Act of 1976 on the recommendation of the Swaran Singh Committee.
 It lays down a list of ten Fundamental Duties for all citizens of India.
 While the rights are given as guarantees to the people, the duties are
obligations that every citizen is expected to perform.

11. Universal Adult Franchise

 Indian democracy functions on the basis of ‘one person one vote’.

 Every citizen of India who is 18 years of age or above is entitled to vote in
the elections irrespective of caste, sex, race, religion or status.
 The Indian Constitution establishes political equality in India through the
method of universal adult franchise.

12. Single Citizenship

 In a federal state usually, the citizens enjoy double citizenship as is the case
in the USA.
 In India, there is only single citizenship.
 It means that every Indian is a citizen of India, irrespective of the place of
his/her residence or place of birth.
 He/she is not a citizen of the Constituent State like Jharkhand, Uttaranchal
or Chattisgarh to which he/she may belong but remains a citizen of India.
 All the citizens of India can secure employment anywhere in the country and
enjoy all the rights equally in all the parts of India.
13. Independent Bodies

 The Indian constitution not only provides for the legislative, executive and
judicial organs of the government (Central and state) but also establishes
certain independent bodies.
 They are envisaged by the Constitution as the bulwarks of the democratic
system of Government in India.

14. Emergency Provisions

 The Constitution makers also foresaw that there could be situations when
the government could not be run as in ordinary times.
 To cope with such situations, the Constitution elaborates on emergency
provisions.
 There are three types of emergency

 Emergency caused by war, external aggression or armed rebellion

[Aricle 352]
 Emergency arising out of the failure of constitutional machinery in
states [Article 356 & 365]
 Financial emergency [Article 360].
The rationality behind the incorporation of these provisions is to safeguard
the sovereignty, unity, integrity and security of the country, the democratic
political system and the Constitution.
During an emergency, the central government becomes all-powerful and the
states go into total control of the centre.
This kind of transformation of the political system from federal (during
normal times) to unitary (during emergency) is a unique feature of the
Indian Constitution.

15. Three-tier Government

 Originally, the Indian Constitution provided for a dual polity and contained
provisions with regard to the organisation and powers of the Centre and the
States.
 Later, the 73rd and 74th Constitutional Amendment Acts (1992) have added
a third-tier of government (that is, Local Government), which is not found in
any other Constitution of the world.
 II. Fundamental Rights

Fundamental rights are the basic human rights enshrined in the Constitution of
India which are guaranteed to all citizens. They are applied without discrimination
on the basis of race, religion, gender, etc. Significantly, fundamental rights are
enforceable by the courts, subject to certain conditions.
Why are they called Fundamental Rights
These rights are called fundamental rights because of two reasons:

1. They are enshrined in the Constitution which guarantees them

2. They are justiciable (enforceable by courts). In case of a violation, a person
can approach a court of law.

List of Fundamental Rights

There are six fundamental rights of Indian Constitution along with the
constitutional articles related to them are mentioned below:

1. Right to Equality (Article 14-18)

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

Why Right to Property is not a Fundamental Right?

There was one more fundamental right in the Constitution, i.e., the right to
property.
However, this right was removed from the list of fundamental rights by the 44th
Constitutional Amendment.
This was because this right proved to be a hindrance towards attaining the goal of
socialism and redistributing wealth (property) equitably among the people.
Note: The right to property is now a legal right and not a fundamental
right.

Introduction to Six Fundamental Rights (Articles 12 to 35)

1. Right to Equality (Articles 14 – 18)

Right to equality guarantees equal rights for everyone, irrespective of religion,
gender, caste, race or place of birth. It ensures equal employment opportunities in
the government and insures against discrimination by the State in matters of
employment on the basis of caste, religion, etc. This right also includes the
abolition of titles as well as untouchability.
2. Right to Freedom (Articles 19 – 22)
Freedom is one of the most important ideals cherished by any democratic society.
The Indian Constitution guarantees freedom to citizens. The freedom right
includes many rights such as:

 Freedom of speech
 Freedom of expression
 Freedom of assembly without arms
 Freedom of association
 Freedom to practice any profession
 Freedom to reside in any part of the country
Some of these rights are subject to certain conditions of state security, public
morality and decency and friendly relations with foreign countries. This means
that the State has the right to impose reasonable restrictions on them.
3. Right against Exploitation (Articles 23 – 24)
This right implies the prohibition of traffic in human beings, begar, and other
forms of forced labour. It also implies the prohibition of children in factories, etc.
The Constitution prohibits the employment of children under 14 years in
hazardous conditions.
4. Right to Freedom of Religion (Articles 25 – 28)
This indicates the secular nature of Indian polity. There is equal respect given to
all religions. There is freedom of conscience, profession, practice and propagation
of religion. The State has no official religion. Every person has the right to freely
practice his or her faith, establish and maintain religious and charitable
institutions.
5. Cultural and Educational Rights (Articles 29 – 30)
These rights protect the rights of religious, cultural and linguistic minorities, by
facilitating them to preserve their heritage and culture. Educational rights are for
ensuring education for everyone without any discrimination.
6. Right to Constitutional Remedies (32 – 35)
The Constitution guarantees remedies if citizens’ fundamental rights are violated.
The government cannot infringe upon or curb anyone’s rights. When these rights
are violated, the aggrieved party can approach the courts. Citizens can even go
directly to the Supreme Court which can issue writs for enforcing fundamental
rights.
Types of Writs in India

The Supreme Court of India is the defender of the fundamental rights of the
citizens. For that, it has original and wide powers. It issues five kinds of writs for
enforcing the fundamental rights of the citizens. The five types of writs are:

1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo-Warranto

III. Fundamental Duties

Introduction:

The Fundamental Duties are an important part of Indian Constitution. The duties
prescribed, embody some of the highest ideals preached by our great saints,
philosophers, social reformers and political leaders. No Duties of the Citizen were
incorporated in the original constitution of India at the time of its commencement
in 1950. The Fundamental Duties help to regulate the behaviour of the citizens
and to bring about excellence in all the spheres of the citizens.

VIII. List of Fundamental Duties

2. To abide by the Constitution and respect its ideals and institutions,

the National Flag and the National Anthem.
3. To cherish and follow the noble ideals which inspired our national
struggle for freedom.
4. To uphold and protect the sovereignty, unity and integrity of India.
5. To defend the country and render national service when called upon to
do so.
6. To promote harmony and the spirit of common brotherhood amongst
all people of India transcending religious, linguistic and regional or
sectional diversities and to renounce practices derogatory to the
dignity of women.
7. To value and preserve the rich heritage of our composite culture.
8. To protect and improve the natural environment including forests,
lakes, rivers and wildlife and to have compassion for living creatures.
9. To develop the scientific temper, humanism and the spirit of inquiry
and reform.
10. To safeguard public property and to abjure violence.
11. To strive towards excellence in all spheres of individual and
collective activity, so that the nation constantly rises to higher levels
of endeavour and achievement.
 12. Subsequently, another duty was added by the 86th Constitutional
Amendment Act of 2002: for a parent or guardian to provide
opportunities for education of the child or ward between the age of six
and fourteen (It was added when under Article 21A Right to education
was made a FR).

IV. Fundamental rights safeguard individual liberties in several

ways. They are:
 Protecting citizens from arbitrary state action: Fundamental rights protect citizens
from actions that are arbitrary or despotic by the state.
 Ensuring basic human rights: Fundamental rights guarantee basic human rights and
freedoms, such as the right to equality, freedom of speech, and freedom of religion.
 Upholding democracy, justice, and equality: Fundamental rights are essential for
upholding democracy, justice, and equality in a nation.
 Preventing authoritarian rule: Fundamental rights prevent the establishment of
authoritarian rule in a country.
 Providing legal enforcement: Fundamental rights are legally enforceable, meaning
that individuals can approach the courts if they believe their rights have been
violated.
 Judicial review: The judiciary plays a crucial role in protecting fundamental rights
through judicial review.
 Striking down unconstitutional laws: If a law or action is found to be in violation of
fundamental rights, the courts have the power to strike it down.

V. What are the Directive Principles of State Policy?

DPSP are ideals which are meant to be kept in mind by the state when it
formulates policies and enacts laws. There are various definitions to Directive
Principles of State which are given below:

 They are an ‘instrument of instructions’ which are enumerated in

the Government of India Act, 1935.
 They seek to establish economic and social democracy in the country.
 DPSPs are ideals which are not legally enforceable by the courts for their
violation.

Directive Principles of State Policy – Classification

Indian Constitution has not originally classified DPSPs but on the basis of their
content and direction, they are usually classified into three types-
  Socialistic Principles,
 Gandhian Principles and,
 Liberal-Intellectual Principles.
The details of the three types of DPSPs are given below:

DPSP – Socialistic Principles

Definition: They are the principles that aim at providing social and economic justice
and set the path towards the welfare state. Under various articles, they direct the
state to:
Article 38 Promote the welfare of the people by securing a social order through
justice—social, economic and political—and to minimise inequalities in
income, status, facilities and opportunities
Article 39 Secure citizens:

 Right to adequate means of livelihood for all citizens

 Equitable distribution of material resources of the community for
the common good
 Prevention of concentration of wealth and means of production
 Equal pay for equal work for men and women
 Preservation of the health and strength of workers and children
against forcible abuse
 Opportunities for the healthy development of children
Article Promote equal justice and free legal aid to the poor
39A
Article 41 In cases of unemployment, old age, sickness and disablement, secure
citizens:

 Right to work
 Right to education
 Right to public assistance
Article 42 Make provision for just and humane conditions of work and maternity
relief
Article 43 Secure a living wage, a decent standard of living and social and cultural
opportunities for all workers
Article Take steps to secure the participation of workers in the management of
43A industries
Article 47 Raise the level of nutrition and the standard of living of people and to
improve public health

DPSP – Gandhian Principles

Definition: These principles are based on Gandhian ideology used to represent the
programme of reconstruction enunciated by Gandhi during the national movement.
Under various articles, they direct the state to:
Article 40 Organise village panchayats and endow them with necessary powers and
authority to enable them to function as units of self-government
Article 43 Promote cottage industries on an individual or co-operation basis in rural
areas
Article Promote voluntary formation, autonomous functioning, democratic
43B control and professional management of co-operative societies
Article 46 Promote the educational and economic interests of SCs, STs, and other
weaker sections of the society and to protect them from social injustice
and exploitation

Article 47 Prohibit the consumption of intoxicating drinks and drugs which are
injurious to health
Article 48 Prohibit the slaughter of cows, calves and other milch and draught cattle
and to improve their breeds

DPSP – Liberal-Intellectual Principles

Definition: These principles reflect the ideology of liberalism. Under various articles,
they direct the state to:
Article Secure for all citizens a uniform civil code throughout the country
44
Article Provide early childhood care and education for all children until they
45 complete the age of six years. (Note: 86th Amendment Act of 2002 changed
the subject matter of this article and made elementary education a
fundamental right under Article 21 A.)
Article Organise agriculture and animal husbandry on modern and scientific lines
48
Article Protect monuments, places and objects of artistic or historic interest which
49 are declared to be of national importance

Article Separate the judiciary from the executive in the public services of the State
50
Article  Promote international peace and security and maintain just and
51 honourable relations between nations
 Foster respect for international law and treaty obligations
 Encourage settlement of international disputes by arbitration

Unit 3
Union Government
Three Organs of the Government and their Functions

Laws are created by the legislature, are carried out by the executive, and are then
applied by the judiciary in specific cases where a law has been broken.

Legislature

 The primary duty of the legislature is to create the rules and regulations that
all citizens must abide by.
 It also passes laws and examines the administration and resolutions further.
 The fact that the legislature is also in charge of ensuring that the other two
branches of government run smoothly makes it absolutely necessary.
 Additionally, the legislature is regarded as the first of the three organs
because without it, laws cannot be executed or applied.

Executive

 Comprises the Prime Minister, President/ Governor, Chief Ministers, Council

of Ministers at the Union/State level, along with the administration
responsible for enforcing laws made by the legislature.
 The executive helps implement the laws formed by the legislature and
enforces the will of the government.
 Hence, we can say that the executive is the administrative head of the state.

Judiciary

 The community courts are at the bottom of the judiciary, with the Supreme
Court of India at the top.
 The judiciary also consists of the high courts, district courts, and lower
courts.
 To ensure that the populace receives justice, it is the judiciary's
responsibility to interpret the law and adjudicate disputes.
 The judiciary is frequently referred to as the "guardian of the constitution"
or the "watchdog of democracy."

I. Union Legislature: (Parliament)

 Rajya Sabha:
Rajya Sabha is commonly known as the House of Elders. It is the upper house of
the two houses of the parliament. The seating capacity of this upper house is 250.
The president can select 12 experts who have contributed to various art,
literature, science and social services. The term for members in the Rajya Sabha is
six years, and elections are held every two years.
Rajya Sabha has an equal hold in legislation along with Lok Sabha. The Vice
President of India is the ex-official Chairman for the Rajya Sabha, and he controls
the sessions. The Deputy Chairman is selected from within the house to take care
of the daily matters of the house. The Deputy Chairman will be in authority in the
absence of the Chairman.

Lok Sabha
Lok Sabha is the lower house of the Parliament. It is known as the House of the
People. The members of the Lok Sabha are elected through voting, where all
citizens above the age of 18 years can vote for their person of choice. The
members represent their constituencies. They can hold their seats for five years or
until the president dissolves the body. The President can only dissolve the house
upon the advice of ministers.
Currently, Lok Sabha has 545 seats. The representatives can hold their seats for
five years from the first meeting or until it dissolves. In case of emergency, the
duration of the Lok Sabha can be extended by law.

The Lok Sabha and Rajya Sabha have many powers and functions,
including:
 Legislative powers
Both houses have the power to introduce, discuss, and pass bills on various topics,
except for those reserved for the Lok Sabha.
 Financial powers
 The Lok Sabha has exclusive powers over financial matters, including the
authority to introduce and approve money bills, control public expenditure, and
scrutinize the budget. The Rajya Sabha can make recommendations on money
bills, but its approval is not mandatory.

 Control over Council of Ministers

The Lok Sabha has the power to control and oversee the functioning of the
Council of Ministers.
 Election and impeachment of the President
Both houses have equal powers in the election and impeachment of the
President.
 Removal of judges
Both houses have equal powers in the impeachment process of judges of the
Supreme Court and the state High Courts.
 Constitutional amendment bills
Both houses have equal powers in the introduction and passage of Constitutional
amendment bills.
 Ordinances and emergencies
Both houses have equal powers in the approval of ordinances and proclamation of
all three types of emergencies by the President.
 Reports of constitutional bodies
Both houses have equal powers in considering the reports of the constitutional
bodies like the Finance Commission, Union Public Service Commission,
Comptroller and Auditor General, etc.

Difference between Lok Sabha and Rajya Sabha

The following table summarizes the significant distinctions between the upper
and lower houses of Parliament:

Lok Sabha Rajya Sabha

Known as the People's House Known as the Council of States
It is a permanent body since it cannot be
It is dissolvable.
dissolved.
Direct elections allow eligible Comprised of elected legislators from the
voters to choose their Assemblies of States and Union Territories who
representative. are indirectly elected.
Lok Sabha is headed by the The Vice President is also the Chairman of the
Speaker Rajya Sabha.
The lower house's strength is The upper house has a strength of 250
545. members.
The Rajya Sabha has the authority to defend the
The Lok Sabha has the authority
rights of states against the Union, but it cannot
to reject a money bill.
reject a money bill.
The minimum age to join is 25 To become a member, you must be 30 years
years old. old.
The Lok Sabha has the power to
Rajya Sabha has no power to express no
express no confidence in the
confidence
government,
In the Annual Budget, the Lok
In the case of the budget, the Rajya Sabha has
Sabha can vote on grant
no voting power and can simply debate.
requests.
President nominates 2 members The president names 12 members with
from the Anglo-Indian expertise and practical experience in the arts,
community literature, science, and social service.
The method of election employed
The election method utilised is Proportional
is the Universal Adult
Representation by Single Transferable Vote.
Franchise.

Union Executive:

II. President of India

The Indian President is the head of the state and he is also called the first citizen
of India. He is the main part of Union Executive (Article 52-62). Under these
articles, information on how a President is elected, his powers and functions, and
also his impeachment process is given.
President is a vital part of Union Executive .

Who is President of India?

The Indian President is the head of the state. He is the first citizen of India and is a
symbol of solidarity, unity, and integrity of the nation. He is a part of Union
Executive along with the Vice-President, Prime Minister, Council of Ministers, and
Attorney-General of India.

How is President elected?

There is no direct election for the Indian President. An electoral college elects him.
The electoral college responsible for President’s elections comprises elected
members of:

1. Lok Sabha and Rajya Sabha

2. Legislative Assemblies of the states (Legislative Councils have no role)
3. Legislative Assemblies of the Union Territories of Delhi and Puducherry

What is the term of the President’s office?

Once President is elected, he holds office for five years. He sits in the office even
after the completion of five years given no new election has taken place or no new
President has been elected till then. He can also be re-elected and there is no cap
on his re-election.

What are the qualifications of the President?

A candidate has to meet some qualifications to be elected as the president. Those
qualifications of the President are:

1. He should be an Indian Citizen

2. His age should be a minimum of 35 years
3. He should qualify the conditions to be elected as a member of the Lok Sabha
4. He should not hold any office of profit under the central government, state
government, or any public authority

What is the procedure for impeachment of a President?

The impeachment process of President is given below. (We have taken Lok Sabha
as the first house to initiate the impeachment charges, however, Rajya Sabha too
can initiate the impeachment charges against President and in that case, it will
pass the resolution and send the charges to Lok Sabha which will investigate and
pass it if it finds those charges valid.)

What are the powers and functions of the President of India?

Executive Powers of President

1. He appoints the PM and his cabinet.

2. For every executive action that the Indian government takes, is to be taken
in his name
3. He appoints the attorney general of India and determines his remuneration
4. He seeks administrative information from the Union government
5. He requires PM to submit, for consideration of the council of ministers, any
matter on which a decision has been taken by a minister but, which has not
been considered by the council
 6. He appoints National Commissions of SC ST and OBC
7. He appoints inter-state council
8. He appoints administrators of union territories

Legislative Powers of President

1. He summons or prorogues Parliament and dissolve the Lok Sabha

2. He summons a joint sitting of Lok Sabha and Rajya Sabha in case of
deadlock
3. He addresses the Indian Parliament at the commencement of the first
session after every general election
4. He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy
chairman of Rajya Sabha when the seats fall vacant He nominates 12
members of the Rajya Sabha
5. He can nominate two members to the Lok Sabha from the Anglo-Indian
Community
6. He recommends/ permits the introduction of certain types of bills
7. He promulgates ordinances

Financial Powers of President

1. To introduce the money bill, his prior recommendation is a must

2. He causes Union Budget to be laid before the Parliament
3. To make a demand for grants, his recommendation is a pre-requisite
4. Contingency Fund of India is under his control
5. He constitutes the Finance Commission every five years

Judicial Powers of President

1. Appointment of Chief Justice and Supreme Court/High Court Judges are on

him
2. He takes advice from the Supreme Court, however, the advice is not binding
on him
3. He has pardoning power: Under article 72, he has been conferred with
power to grant pardon against punishment for an offence against union law,
punishment by a martial court, or death sentence.

Diplomatic Powers of President

1. International Treaties and agreements that are approved by the Parliament

are negotiated and concluded in his name
2. He is the representative of India in international forums and affairs

Military Powers of President

He is the commander of the defence forces of India. He appoints:

1. Chief of the Army

2. Chief of the Navy
3. Chief of the Air Force

Emergency Powers of President

He deals with three types of emergencies given in the Indian Constitution:

1. National Emergency
2. President’s Rule
3. Financial Emergency

The Veto Power of the President

When a bill is introduced in the Parliament, Parliament can pass the bill and
before the bill becomes an act, it has to be presented to the Indian President for
his approval. It is on the President of India to either reject the bill, return the bill
or withhold his assent to the bill. The choice of the President over the bill is called
his veto power. The Veto Power of the President of India is guided by Article 111
of the Indian Constitution.
III. Vice President of India

The Vice President of India is the second-highest constitutional office in the

country after the President of India.

 The Vice-President is accorded a rank next to the President in the official

warrant of precedence. This office is modeled on the lines of the American
Vice-President.
 The Vice President's main role is to act as the President if the President
cannot perform his or her duties, such as due to death, resignation, or
impeachment.
 The Vice President also serves as the Chairman of the Rajya
Sabha (Council of States), the upper house of the Indian Parliament.

Qualifications

To be eligible for election as Vice-President, a person should fulfill the following

qualifications:

 He should be a citizen of India.

 He should have completed 35 years of age.
 He should be qualified for election as a member of the Rajya Sabha.
  He should not hold any office of profit under the Union government or any
state government or any local authority, or any other public authority.

Vice President of India Powers and Functions

The powers and functions of the Vice-President include

 He is the ex-officioChairman of Rajya Sabha. In this capacity, his powers

and functions are similar to those of the Speaker of Lok Sabha. In this
respect, he resembles the American vice president, who also acts as the
Chairman of the Senate–the Upper House of the American legislature.
 He acts as President when a vacancy occurs in the office of the President
due to his resignation, impeachment, death, or otherwise.
 He can act as President only for a maximum period of six months, within
which a new President has to be elected.
 Further, when the sitting President cannot discharge his functions due to
absence, illness, or any other cause, the Vice-President discharges his
functions until the President resumes his office.

While acting as President or discharging the functions of the President, the Vice-
President does not perform the duties of the office of the chairman of Rajya Sabha.
During this period, those duties are performed by the Deputy Chairman of the
Rajya Sabha.

IV . Prime Minister & Council of Ministers - Power & Function of Prime

Minister

Article 72 to 74 gives information on Prime minister and his cabinet. President of

India appoints a person as the Prime Minister who is either the leader of the party
which holds a majority of seats in the Lok Sabha or is a person who is able to win
the confidence of the Lok Sabha by gaining the support of other political parties.
All other ministers are appointed by the President on the advice of the Prime
Minister.
Note: President can also appoint Prime Minister on his own discretion but only
when no party has a clear majority in the Lok Sabha.

Power and Function of Prime Minister

In relation to the Council of ministers

As the chairman of the Union council of ministers, the Prime Minister has the
following powers:
 They make recommendations to the President for ministerial appointments. The
President can only appoint ministers who the Prime Minister has proposed.
 They assign and reassign certain portfolios to ministers.
 In a disagreement, they might ask a minister to resign or suggest the President
fire him.
 The council of ministers’ meeting is presided over by this individual, and their
decisions are affected by their decision.
 They preside over the council of ministers and affect its decisions.
 They direct, direct, manage and organise the work of all ministries.
 By retiring from office, they can put the council of ministers to an end.
 The Prime Minister is the Head of the Council of Ministers

In Relation to the President

In regard to the President, the Prime Minister has the following authority:

They are the primary point of contact between the President and the Council of
Ministers. It is the prime minister’s responsibility to:

1. All decisions of the council of ministers relevant to the management and legislative
initiatives of the Union should be transmitted to the President.
2. To provide such information about the administration of the Union’s affairs and
legislative ideas as the President may request.
3. If the President so directs, present to the council of ministers any topic on which a
minister has made a decision but has not been reviewed by the council.

They advise the President on key appointments such as with the Attorney General
of India, the Chairman and Members of the UPSC, the Comptroller and Auditor
General of India, election commissioners, the Chairman and Members of the
Finance Commission, and so on.

Regarding the Parliament

 The Prime Minister is the Lower House’s leader. As a result, they have the
following abilities:
 He counsels the President on the convening and adjourning of Parliamentary
sessions.
 At any time, he can recommend the dissolution of the Lok Sabha to the President.
 He announces government initiatives on the House floor.

Other Powers and Functions

 They are the heads of the NITI Ayog (which succeeded the Planning Commission),
the National Integration Council, the InterState Council, the National Water
Resources Council, and a number of other organisations.
 They have had a massive impact on the country’s foreign policy.
 He is the Union government’s leading spokesman.
 During a crisis, he is the political crisis manager.
 As the nation’s leader, he meets with diverse groups of people in various states
and gets memos about their issues, among other things.
 He is the main face and the leader of the ruling party and the political head of the
armed forces.

Prime Minister of India serves the country by following various functions. He

performs his functions taking responsibilities as:

 The leader of Country: The Prime Minister of India is the Head of the
Government of India.
 Portfolio allocation: The Prime Minister has the authority to assign
portfolios to the Ministers.
 Chairman of the Cabinet: The Prime Minister is the chairman of the
cabinet and presides the meetings of the Cabinet. He can impose his
decision if there is a crucial opinion difference among the members.
 Official Representative of the country: Prime minister represents the
country for high-level international meetings
 The link between the President and the Cabinet: The Prime Minister
acts as the link between President and cabinet. He communicates all
decisions of the Cabinet to the President which is related to the
administration of the affairs of the Union and proposals for legislation.
 Head: The Prime Minister is the head of Nuclear Command Authority, NITI
Aayog, Appointments Committee of the Cabinet, Department of Atomic
Energy, Department of Space and Ministry of Personnel, Public Grievances
and Pensions.
 Chief Advisor: He acts as the chief advisor to the President

Who is eligible to be a Prime Minister?

To become an Indian prime minister one has to be

 A citizen of India.
 A member of either Rajya Sabha or Lok Sabha
 He should have completed his 30 years if he is a member of the Rajya Sabha
or can be 25 years of age if he is a member of the Lok Sabha

Position of the Prime Minister

Right from the days of the first Prime Minister Pandit Jawaharlal Nehru, the Prime
Minister is treated at a much higher pedestal. His preeminence rests on his
commanding position in the Cabinet, coupled with fact that he is the leader of the
majority party.
All these positions of power when combined in one person make him rank much
above an ordinary Minister. The death or resignation of the Prime Minister
automatically brings about the dissolution of the Council of Ministers. It generates
a vacuum. The demise, resignation or dismissal of a Minister creates only a
vacancy which the Prime Minister may or may not like to fill. The Government
cannot function without a Prime Minister but the absence of a Minister can be
easily compensated.

V. Council of Ministers

Which articles in the Constitution deal with the Council of Ministers?

Two articles – Article 74 and Article 75 of the Indian Constitution deal with the
Council of Ministers. Where article 74 mentions that the council will be headed by
the Prime Minister of India and will aid and advise the President, article 75
mentions the following things:

 They are appointed by the President on the advice of Prime Minister

 They along with the Prime Minister of India form 15% of the total strength of
the lower house i.e. Lok Sabha. (The number cannot exceed 15%)
 91st Amendment Act provided for the disqualification of the minister when
he stands disqualified as a member of Parliament.
 A Minister ceased to exist as one if he is not a member of either house of
Parliament for six consecutive months.
 Parliament decides the salary and allowances of the council of ministers.

Types of Ministers
The Indian Constitution does not categorize ministers into ranks, however, in
practice seen in India, ministers are of four types:

1. Cabinet Ministers—He is present and he participates in every meeting of

the Cabinet.
2. Minister of State with independent charge—He is a Minister of State
who does not work under a Cabinet Minister. When any matter concerning
his Department is on the agenda of the Cabinet, he is invited to attend the
meeting.
3. Minister of State—He is a Minister who does not have independent charge
of any Department and works under a Cabinet Minister. The work to such
Minister is allotted by his Cabinet Minister.
4. Deputy Minister—He is a Minister who works under a Cabinet Minister or
a Minister of State with independent charge. His work is allotted by the
Minister under whom he is working.

VI. Supreme court of India

. Supreme Court of India
The Supreme Court of India is the country’s highest judicial court. It is the final
court of appeal in the country.

Supreme Court of India – Functions

 It takes up appeals against the verdicts of the High Courts, other courts and
tribunals.
 It settles disputes between various government authorities, between state
governments, and between the centre and any state government.
 It also hears matters which the President refers to it, in its advisory role.
 The SC can also take up cases suo moto (on its own).
 The law that SC declares is binding on all the courts in India and on the
Union as well as the state governments.

Supreme Court Composition

 One Chief justice of India (CJI)

 there are 33 judges in the Supreme Court.
 The judges sit in benches of 2 or 3 (called a Division Bench) or in benches of
5 or more (called a Constitutional Bench) when there are matters of
fundamental questions of the law is to be decided.

SC Judge Eligibility
As per Article 124, an Indian citizen who is below 65 years of age is eligible to be
recommended for appointment as a judge of the SC if:

1. he/she has been a judge of one or more High Courts, for at least 5 years, or
2. he/she has been an advocate in one or more High Courts for at least 10
years, or
3. he/she is in the opinion of the President, a distinguished jurist.

Powers of the Supreme Court

The Supreme Court has the following judicial powers:
1. Original Jurisdiction
2. Appellate Jurisdiction
3. Advisory Jurisdiction
4. Review Jurisdiction
Original Jurisdiction
 In cases when there are disagreements between the Central government and
the state government or between two or more state governments, the
Supreme Court serves as the original jurisdiction authority under Article 131
of the Constitution.
 The Supreme Court has the authority to issue writs, orders
 The Supreme Court is also able to uphold fundamental rights
Appellate Jurisdiction

It has the power to transfer cases that are still ongoing, appeals, or other legal
actions from one High Court to another High Court.
The Supreme Court has administrative authority in cases involving civil,
criminal, or constitutional law
Advisory Jurisdiction
The Supreme Court may provide the President of India with legal advice where
the basis of the issue is related to the public interest. It can also give suitable
advice to PM and his cabinet( when asked) about the laws to be passed
Review Jurisdiction
The Supreme Court has the authority to examine any laws that are being
approved by the legislature under article 137 of the Constitution.
Court of Record
The Supreme Court is a Court of Record whose judgments are recorded as
evidence and testimony.

Functions of Supreme Court

1. Administration of justice: The chief function of the judiciary is to apply

the law to specific cases or in settling disputes. When a dispute is brought
before the courts it ‘determines the facts’ involved through evidence
presented by the contestants. The law then proceeds to decide what law is
applicable to the case and applies it. If someone is found guilty of violating
the law in the course of the trial, the court will impose a penalty on the
guilty person.
2. Creation of judge-case law: In many cases, the judges are not able to, or
find it difficult to select the appropriate law for application. In such cases,
the judges decide what the appropriate law is on the basis of their wisdom
and common sense. In doing so, judges have built up a great body of ‘judge-
made law’ or ‘case law.’ As per the doctrine of ‘stare decisis’, the previous
decisions of judges are generally regarded as binding on later judges in
similar cases.
3. Guardian of the Constitution: The highest court in India, the SC, acts as
the guardian of the Constitution. The conflicts of jurisdiction between the
central government and the state governments or between the legislature
and the executive are decided by the court. Any law or executive order
which violates any provision of the constitution is declared unconstitutional
or null and void by the judiciary. This is called ‘judicial review.’ Judicial
review has the merit of guaranteeing the fundamental rights of individuals
and ensuring a balance between the union and the units in a federal state.
 4. Protector of Fundamental Rights: The judiciary ensures that people’s
rights are not trampled upon by the State or any other agency. The superior
courts enforce Fundamental Rights by issuing writs.
5. Supervisory functions: The higher courts also perform the function of
supervising the subordinate courts in India.
6. Advisory functions: The SC in India performs an advisory function as well.
It can give its advisory opinions on constitutional questions. This is done in
the absence of disputes and when the executive so desires.
7. Administrative functions: Some functions of the courts are non-judicial or
administrative in nature. The courts may grant certain licenses, administer
the estates (property) of deceased persons and appoint receivers. They
register marriages, appoint guardians of minor children and lunatics.
8. Special role in a federation: In a federal system like India’s, the judiciary
also performs the important task of settling disputes between the centre and
states. It also acts as an arbiter of disputes between states.
9. Conducting judicial enquiries: Judges normally are called to head
commissions that enquire into cases of errors or omissions on the part of
public servants.

VII. Powers And Functions of High Court

High Courts are the highest courts in a state. Presently, there are 25 High Courts
in India, with some states having a common High Court. In this article, we present
this very vital information in a crisp manner for students to study easily.

Powers and Functions of the High Court

The High Court is the highest court in a state in India. Articles 214 to 231 in the
Indian Constitution talk about the High Courts, their organisation and powers. The
Parliament can also provide for the establishment of one High Court for two or
more states.
For instance, Haryana, Punjab and the Union Territory of Chandigarh have a
common High Court. The northeastern states also have one common High Court.
In addition, Tamil Nadu shares a High Court with Puducherry.
Currently, there are 25 High Courts in India. The High Courts of Calcutta, Madras
and Bombay were established by the Indian High Courts Act 1861.

What are the functions of the High Court?

The functions of the High Court are described in the below section under
subsections such as its jurisdiction, powers, role, etc.

High Court Jurisdiction

The various kinds of the jurisdiction of the High Court are briefly given below:

Original Jurisdiction
  The High Courts of Calcutta, Bombay and Madras have original jurisdiction
in criminal and civil cases arising within these cities.
 An exclusive right enjoyed by these High Courts is that they are entitled to
hear civil cases which involve property worth over Rs.20000.
 Regarding Fundamental Rights: They are empowered to issue writs in
order to enforce fundamental rights.
 With respect to other cases: All High Courts have original jurisdiction in
cases that are related to will, divorce, contempt of court and admiralty.
 Election petitions can be heard by the High Courts.

Appellate Jurisdiction

 In civil cases: an appeal can be made to the High Court against a district
court’s decision.
 An appeal can also be made from the subordinate court directly if the
dispute involves a value higher than Rs. 5000/- or on a question of fact or
law.
 In criminal cases: it extends to cases decided by Sessions and Additional
Sessions Judges.

 If the sessions judge has awarded imprisonment for 7 years or more.

 If the sessions judge has awarded capital punishment.
The jurisdiction of the High Court extends to all cases under the State or
federal laws.
In constitutional cases: if the High Court certifies that a case involves a
substantial question of law.

High Court Powers

Apart from the above, the High Courts have several functions and powers which
are described below.

As a Court of Record

 High Courts are also Courts of Record (like the Supreme Court).
 The records of the judgements of the High Courts can be used by
subordinate courts for deciding cases.
 All High Courts have the power to punish all cases of contempt by any
person or institution.

Administrative Powers

1. It superintends and controls all the subordinate courts.

2. It can ask for details of proceedings from subordinate courts.
3. It issues rules regarding the working of the subordinate courts.
 4. It can transfer any case from one court to another and can also transfer the
case to itself and decide the same.
5. It can enquire into the records or other connected documents of any
subordinate court.
6. It can appoint its administration staff and determine their salaries and
allowances, and conditions of service.

Power of Judicial Review

High Courts have the power of judicial review. They have the power to declare any
law or ordinance unconstitutional if it is found to be against the Indian
Constitution.

Power of Certification
A High Court alone can certify the cases fit for appeal before the Supreme Court.

High Court Autonomy

The independence of the High Courts can be corroborated by the points given
below:

1. Appointment of Judges: The appointment of judges of the High Courts lies

within the judiciary itself and is not connected to the legislature or the
executive.
2. Tenure of the Judges: High Court judges enjoy the security of tenure till
the age of retirement, which is 62 years. A High Court cannot be removed
except by an address of the President.
3. Salaries and allowances: The High Court judges enjoy good salaries, perks
and allowances and these cannot be changed to their disadvantage except in
case of a financial emergency. The expenses of the High Court are charged
on the Consolidated Fund of the State, which is not subject to vote in the
state legislature.
4. Powers: The Parliament and the state legislature cannot cut the powers and
jurisdiction of the High Court as guaranteed by the Constitution.
5. Conduct of judges: Unless a motion of impeachment has been moved, the
conduct of the High Court judges cannot be discussed in the Parliament.
6. Retirement: After retirement, High Court judges cannot hold an office of
emolument under the Government of India or that of a state. There is an
exception to this clause, however, when, with the consent of the Chief
Justice of India, retired judges can be nominated to a temporary office, and
in the situation of emergencies.

VIII. Judicial Review

Judicial review is defined as the doctrine under which executive and legislative
actions are reviewed by the judiciary. Even though we have in India the principle
of separation of powers of the three arms of the State, namely, the executive, the
legislative and the judiciary, the judiciary is vested with the power of review over
actions of the other two arms.

1. Judicial review is considered a basic structure of the constitution .

2. Judicial review is the power of the courts to consider the constitutionality of
acts of organs of Government and declare it unconstitutional if it violates or
is inconsistent with the basic principles of the Constitution.
3. This means that the power of the legislature to make laws is not absolute
and that the validity and constitutionality of such laws are subject to review
by the courts.
4. Judicial review is also called the interpretational and observer roles of
the Indian judiciary.
5. The Indian Constitution adopted the Judicial Review on lines of the American
Constitution.
6. Suo Moto cases and the Public Interest Litigation (PIL), with the
discontinuation of the principle of Locus Standi, have allowed the judiciary
to intervene in many public issues, even when there is no complaint from the
aggrieved party.

Judicial Review and Constitution

According to Article 13(2), the Union or the States shall not make any law that
takes away or abridges any of the fundamental rights, and any law made in
contravention of the aforementioned mandate shall, to the extent of the
contravention, be void.

1. Judicial review is called upon to ensure and protect Fundamental

Rights which are guaranteed in Part III of the Constitution.
2. The power of the Supreme Court of India to enforce these Rights is derived
from Article 32 of the Constitution. This provides citizens the right to
directly approach the SC to seek remedies against the violation of
Fundamental Rights.

Importance of Judicial Review

 It is essential for maintaining the supremacy of the Constitution.

 It prevents the tyranny of executives.
 It maintains the federal balance.
 It is essential for checking the possible misuse of power by the legislature
and executive.
 It is essential for securing the independence of the judiciary.
 It protects the rights of the people.