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CONTENTS 1. CONSTITUTIONAL FRAMEWORK AND CITIZENSHIPP-1-33

Types of Constitution, Different types of Governments, The Philosophy of the Indian Constitution, History of Constitution of India, Historical Background, Making of Indian Constitution, Salient features of Indian Constitution, Schedules in Constitution of India, Parts of Constitution, Citizenship, Pravasi Bhartiya Divas

2. FUNDAMENTAL RIGHTS, FUNDAMENTAL DUTIES AND DIRECTIVE PRINCIPLES OF STATE POLICY

Fundamental Rights, Directive Principles, Fundamental Duties

3. UNION GOVERNMENT

P-34-58

P-59-116

The President, Powers and Functions of the President, Vice President, The Prime Minister and Council of Ministers, The Parliament, Lok Sabha, Rajya Sabha, Annual Financial Statement - Budget, Parliamentary Terms, Parliamentary Committees

4. JUDICIARY

P-117-151

Hierarchy of Courts in India, Union Judiciary, Jurisdiction of Supreme Court, Landmark Judgements of the Supreme Court, State Judiciary, Jurisdiction of high court, Comparison between Supreme Court and High Court, Subordinate Courts, Uniform Civil Code

5. STATE GOVERNMENT

P-152-169

Governor, Powers of Governor, Chief Minister, Council of Ministers, Vidhan Sabha, Vidhan Parishad, Presiding Officers of State Legislature, Legislative Procedure, The State of Jammu and Kashmir, Administration of Scheduled Area

6. LOCAL GOVERNMENT 

P-170-190

History of Local Self-Government in India, Panchayati Raj, 73rd Amendment Act(1992), PESA Act,1996, The scheduled Tribes and other Traditional Forest Dwellers, Urban Local Government, 74th Amendment Act(1992), Structure of Urban Local Government in India, Co-operatives

7. THE FEDERAL SYSTEM

P-191-202

Centre – State Relations, Important Subjects in various lists, Commissions for the Improvement of Centre – State Relation, Inter – state water disputes, Composition of Inter – State Council, Inter – State Trade and Commerce, Zonal Council, North – Eastern Council

8. CONSTITUTIONAL, STATUTORY AND NON-STATUTORY BODIES P-203-247 Planning Commission, NITI Aayog, National Development Council, Finance Commission, Election Commission, 16th Lok Sabha Election 2014, Political Parties, Pressure Groups, Attorney – General of India, Comptroller and Auditor General of India, National Commission for Scheduled Castes and Scheduled Tribes, Nationl Commission for Backward Classes, National Commission for Minorities, National Commission for Women, National Human Rights Commission, Union Public Service Commission, Law Commission, Evolution of the Civil Services in India, Administrative Reforms, Citizens Charter, Governance, E – Governance, The Lokpal and Lokayuktas, Anti Defection Law, The National Green Tribunal, TRAI, State PSC, Central Vigliance Commission, Central Information Commission 9. AMENDMENTS & ARTICLES OF THE INDIAN CONSTITUTION P-248-272 Amendment Procedures under Indian Constitution, Methods of Amendments, List of Amendments, Article List, Articles of the Indian Constitution

1

CONSTITUTIONAL FRAMEWORK AND CITIZENSHIP

Chapter

What is Constitution? • Constitution is the organic and fundamental law of a nation or state. • It may be written or Unwritten. • It establishes the character and conception of its government. • It lays the basic principles to which the internal life of a nation is to be conformed. • It organizes the government, regulates, distributes and limit the functions of different organs of government. • It prescribes the extent and manner in which the sovereign powers of a nation is to be exercised.

Why do we need a Constitution? • Constitution provides a set of basic rules that allow for minimal co-ordination amongst members of a society. • Constitution specifies who has the power to make decisions in a society. It decides how the government will be constituted. • Constitution set some limits on what a government can impose on its citizens. These limits are fundamental in the sense that government may never trespass them. • Constitution enable the government to fulfill the aspirations of a society and create conditions for a just society. • A Constitution expresses the fundamental identity of a people. The constitution sets authoritative constraints upon what one may or may not do. TYPES OF CONSTITUTIONS

Based on Nature of Document

Written Constitution Written in the form of a boor/series of document. eg- Indian Constitution. -American Constitution.

Unwritten Constitution It evolves due to customs, usages and traditions. eg- British Constitution.

Based on Nature of Polity

Unitary Constitution

Federal Constitution

It establishes single authority. eg- British constitution.

It shares power between Union government and state government eg- US, Canada, Australian Constitution.

P-2



Polity

Different types of Governments

The Philosophy of the Indian Constitution

• Republic – A government whose authority is based on citizen voters, which are represented by elected or nominated officials chosen in free electrons. • Democracy – Democracy means ‘rule of the people’. The term today refers to a political system in which the people of their elected representatives govern themselves. • Theocracy – A government where priests rule in the name of God or by officials who are regarded as divinely guided, or consistent with the principles of a particular religion. • Autocracy – A government controlled by absolute power and in the hands of a single person with minimal restraints on the decisions & lack of any mechanisms of popular control. • Technocracy – A government where scientists and technical experts are in control of the state & where rulers are selected on the basis of their knowledge/skill rather than wealth/power. • Fascism – A way of ruling that advocates total control of the people and seeks to promote the ancestral and cultural values & eradicate foreign influences. • Anarchy – Anarchy is a state of absence of law, a state of lawlessness and disorder (usually resulting from a failure of government). • Monarchy – A government where supreme authority is vested in a single and usually hereditary figure, such as a king, & whose powers can vary from absolute to none at all. • Oligarchy – Rule of the few. This is a form of power structure in which power effectively rests with a faction of persons or families. • Plutocracy – Government ruled by the rich or power provided by wealth, often used to describe a wealthy class ruling a government, often from behind the scenes. • Tyranny – Government or authority of an absolute ruler; the purposes of government/approved by law and justice. • Totalitarian – A totalitarian system is one in which a single political authority regulates total control over state. that is centralized and dictatorial. • Federation – A political organization characterized by a union of small states, groups or parties, which are selfgoverned in internal affairs and are united under a central government. • Communism – As a system of government, communism is when the state owns and operates industry on behalf of the people. • Junta – A junta refers to a group or coalition that takes control of the state after overthrowing a government. Usually, this is done by military groups. • Dictatorship – A form of government where the power rests entirely on one person or a group of persons. This rule could be acquired by inheritance or force and is usually oppressive.

• Indian Constitution is liberal, democratic, egalitarian, secular and federal, open to community values, sensitive to the needs of religious and linguistic minorities as well as historically disadvantaged groups. • Indian Constitution is committed to building a common national identity. • Indian Constitution has a pretty strong liberal character and freedom of expression is an integral part of the Indian constitution. • The liberalism of the Indian Constitution differs from the classical liberalism that always privileges rights of the individuals over demands of social justice and community values. • Indian Constitution does not see religion merely as a ‘private matter concerning the individual. • Indian Constitution reinforces and reinvents forms of liberal individualism. • Out Constitution upholds the principle of social justice without compromising on individual liberties. • Despite the unitary bias of the Indian Constitution there are important constitutionally embedded differences between the legal status and prerogatives of different subunits within the same federation. • Out Constitution constantly reinforces a common national identity. It tries to balance the various identities. • The Indian Constitution reflects a faith in political deliberation. It reflects a spirit of compromise and accommodation.

History of Constitution of India 324 B.C. – 185 B.C.

Emperor Ashoka established Constitutional Principles, Engraved then in major rocks, Pillar and on minor rocks for public (Edicts of Ashoka). 1599 A.D. – 1765 A.D. East India Company takes total administrative control by gaining rights of taxation in Bengal after Battle of Plassey (1757). 1765 A.D. – 1947 A.D. East India Company takes total unified control over the whole of India from a single centre in Calcutta. But its rule ended with the revolt of 1857. 1858 A.D. – 1947 A.D. This period of the British Raj was the time when the constitution of India took shape. 1950 A.D. Finally a constitution was enacted and adopted by India. This constitution was written by the free people of India and was adopted on 26, November 1949.

P-3

Constitutional Framework and Citizenship

• Before 1947, India was divided into two main entities. The British India which consisted of 11 provinces and the princely states ruled by Indian princes under subsidiary alliance policy. The two entities merged together to form the Indian Union, but many of the legacy systems of British India is still followed. • The historical underpinnings and evolution of the India Constitution can be traced to many regulations and acts passed before Indian Independence. • The process of the evolution of the constitution began many decades before 26 Jan/1950 and has continued unabated since. Its origin lie deeply embedded in the struggle for independence from Britain and in the movements for responsible and constitutional government in the princely states.

HISTORICAL BACKGROUND Constitutional Developments Regulating Act, 1773

Important Provisions • British government to regulate affairs of East India Company. • Designated Governor of Bengal as Governor General of Bengal. Warren Hastings was the first Governor General of Bengal. • Established a Supreme Court at Calcutta (1774).

Pitts India Act, 1784

• Indian affairs under direct control of British government. • Board of Control was established to manage political affairs.

Charter Act of 1793

• Salary of company to drawn from the Indian exchequer. • The Governor General and governors to override the decision of Councils. • Company got monopoly of trade with India for another 20 years.

Charter Act of 1833

• Governor General of Bengal became Governor General of India. • Lord William Bentinck was the first Governor General of India. • The Act centralized British rule in India. • Created Government of India, with authority over all of British India. • East India Co. lost its monopoly of tea trade and China trade. • The Indian Civil Services was founded.

Charter Act of 1853

• Separated legislative & executive functions of Governor General’s Council. • Civil Services was thrown open to Indians also. • Patronage of the directors of the company ends. • It introduced local representation in the Indian (Central) Legislative Council. • It abolished the East India Company.

Government of India Act: 1858

• This Act is known as the Act for the Good Government of India. • Designation of Governor-General of India was changed to that of Viceroy of India. • Lord Canning became the first Viceroy of India. • It created a new office of Secretary of State for India. • It abolished the Board of Control and Court of Directors. • The Secretary of State was responsible ultimately to the British Parliament.

Indian Councils Act: 1861 • Viceroy should nominate some Indians as non-official members of his expanded council. • It initiated the process of decentralization by restoring the legislative powers to Bombay and Madras Presidencies. • It provided for establishment of new legislative councils for Bengal, NWFP and Punjab. • It recognized the ‘Portfolio’ system, introduced by Lord Canning in 1859. Indian Councils Act: 1892 • It added the number of non-official members in the central and provincial legislative councils. • The act made a limited and indirect provision for the use of elections.

P-4



Polity

Indian Councils Act: 1909 • Lord Morley was then the secretary of state for India and Lord Minto was then the viceroy of (Morley-Minto Reforms. India). • It increased the size of the legislative councils, both central and provincial. • It enlarged the deliberative functions of the legislative councils of both the levels. • It introduced a system of communal representation for Muslims by accepting the concept of ‘separate electorate’. • Lord Minto is known as the Father of Communal Electorate. • It also provided for association of Indians with the executive councils of the Viceroy and Governors. Government of India Act: 1919/ Montague Chelmsford Reforms.

• Montague was the secretary of state for India and Lord Chelmeford was the viceroy of India. • This Act is also known as Act of Devolution. • It demarcated and separated the central and provincial subjects. • Provincial subjects were divided into transferred and reserved subjects. • It provided for the establishment of a Public Service Commission. • It created a new office of the High Commissioner for India in London. • Transferred subjects were administered by Governor with the help of ministers who were responsible to the legislature. • Reserved subjects were administered by Governor and Executive Council who were not responsible to the legislature. • Dyarchy/ Dual system of government was introduced. • Bicameral legislature with upper and lower houses were formed with direct elections. • Majority of members in both houses were directly elected. • 3 of the 6 members of governor-general’s council had to be Indians.

Simon Commission: (1927)

• 7 members Statutory Commission Constituted to report o the Condition of India under its new Constitution. • The Commission recommended the abolition of dyarchy, extension of responsible government in the provinces. • Establishment of a federation of British India and Princely states was recommended but it never came into existence. • A white paper on constitutional reforms was prepared based on the recommendations of Simon Commission.

Communal Awards: (1932) • Announced by the British Prime Minister Ramsay MacDonal. • It announced a scheme of representation of the minorities, which came to be known as the Communal Award. Poona Pact: (1932)

• Gandhiji undertook fast undo death in Yeravada jail against the extension of Communal Award. • At last there was agreement between the leaders of the Congress and the depressed classes.

Government of India Act: 1935

•• It provided for the establishment of an all-India Federation consisting of provinces and princely states as units. However such a federation never came into existence. •• It abolished dyarchy in the provinces and introduced ‘provincial autonomy’. •• It provided for the adoption of dyarchy at the centre. •• It introduced bicameralism in six out of eleven provinces. •• It extended the principle of communal representation by providing separate electorates for depressed classes (Scheduled Castes), women and labour (workers). •• It abolished the Council of India. •• It provided for establishment of a Federal Court. •• It provided for the establishment of a Federal Public Service Commission. •• It provided for the establishment of Reserve Bank of India. •• Introduced responsible governments in provinces.

P-5

Constitutional Framework and Citizenship The August Offer, 1940

Cripps Mission: 1942

C.R. Formula, 1944

Wavell Plan: 1945

Lord Attlee’s Announcement, March 1946 Cabinet Mission Plan: 1946

Indian Independence Act, 1947

• Establishment of an Advisory War Council. • A “Constitution making Body” shall be appointed immediately after the war. • The number of Indians in the Viceroy’s Executive Council to be increased. • The Constitution of India was to be framed by an elected Constituent Assembly by the Indian People. • India to get a Dominion states. • There shall be on Union of India comprising all the British provinces and princely states. • The British provinces and princely states would be free to retain their existing constitutional position. • The Muslim League would support the Congress’s demand for complete freedom. • As the end of was a Commission would demarcate these contiguous areas in NWFP and NEI where Muslims were in majority. • A new Executive Council was to be formed at the Centre. • Except the Viceroy and the Commander in Chief, all other members of the new Executive Council are to be Indians. • All portfolios except the Defence would be held by the Indian Members. • On 15 March 1946, Lord Attlee declared that as the tide of nationalism was surging ahead in India, it was in British interest to take positive action. • Objective of the Mission was to help India achieve its independence as early as possible. • The Cabinet Mission rejected the claim for a separate Constituent Assembly and a separate state for the Muslim. • There was to be a Union of India, comprising both British India and the states having jurisdiction over the subjects of Foreign Affairs, Defence and Communication. • All residency powers were to be vested in the Provinces and the states. • The Union was to have an executive and a legislature consisting of representatives of the Provinces and the states. • A Constituent Assembly should be set up to draw up the future Constitution of the country. • It abolished the office of Viceroy and provided for each dominion a governor general. • It empowered the constituent Assemblies of the to dominions to frame and adopt any constitution for their respective nations. • It abolished the office of the Secretary of State for India. • It granted freedom to the Indian princely states either to join the Dominion of India or Dominion of Pakistan or to remain independent. • Declared India as independent & sovereign state. • Established responsible government at the Centre & Provinces. • Designated Governor General of India & Provincial Governors as Constitutional heads or nominal heads. • Lord Mount batten became the first Governor General of free India. The first & last Indian Governor General was C. Rajagopalachari.

Interim Government (1946) S. No.

Members

Portfolio

7.

CH Bhabha

Works, Mines and Power

8.

Liaquat Ali Khan

Finance

1.

Pt. Jawaharalal Nehru

External Affairs and Commonwealth Relations

2.

Sardar Vallabhbhai Patel

Home, Information and Broadcasting

9.

Abdur Rab Nishtar

Posts and Air

10.

Asaf Ali

Railways and Transport

3.

Dr Rajendra Prasad

Food and Agriculture

4.

Dr John Mathai

Industries and Supplies

11.

C Rajagopalachari

Education and Arts

12.

II Chundrigar

Commerce

5.

Jagijvan Ram

Labour

13.

Ghaznafar Ali Khan

Health

6.

Sardar Baldev Singh

Defence

14.

Joginder Nath Mandal

Law

P-6



Polity

First Cabinet of Free India (1947) Members

Australia

• Concurrent list. • Cooperative federalism. • Joint sitting of two houses of parliament.

USSR Weimer Constitution of Germany

• Fundamental duties. • Suspension of fundamental rights during emergency. • Ballot system. • Federal system. • Residuary powers. • Appointment of Governor. • Advisory jurisdiction of SC. • Procedure of constitutional amendment. • Electing member to Rajya Sabha. • Concept of directive principles of state policy. • Nomination of members to Rajya Sabha by the President. • Presidential election.

Portfolio

Pt. Jawaharlal Nehru

Prime Minister, External Affairs and Commonwealth Relation; Scientific Research

Sardar Vallabhbhai Patel

Home, Information and Broadcasting; States

Dr. Rajendra Prasad

Canada

Food and Agriculture

Maulana Abul Kalam Azad Education Dr. John Mathai

Railways and Transport

South Africa

RK Shanmugham Chetty

Finance

Ireland

Dr. BR Ambedkar

Law

Jagjivan Ram

Labour

Sardar Baldev Singh

Defence

Raj Kumari Amrit Kaur

Health

C.H. Bhabha

Commerce

MAKING OF INDIAN CONSTITUTION

Rafi Ahmed Kidwai

Communication

••

Dr. Shyama Prasad Mukherji Industries and Supplies V.N. Gadhil

Works, Mines and Power

Sources of Indian Constitution India constitution has borrowed its provisions from following sources. Country Government of India Act, 1935

United Kingdom

USA

Provisions Borrowed • Federal scheme. • Emergency powers. • Ordinance defining the power of the President and Governors. • Office of the Governor. • Judiciary. • Administration at the Centre and state level. • Parliamentary system. • Bicameral parliament. • Prime minister. • Council of ministers. • Single citizenship. • Office of CAG. • Writ jurisdiction of courts. • Rule of law. • Written Constitution. • Fundamental rights. • Supreme Court. • President as executive head of the state. • Impeachment of the President, removal of SC and HC judges. • Vice President as chairman of Rajya Sabha. • Judicial review, independence of judiciary.

•• •• •• •• ••

The Constitution of India Bill (1895) was the first nonofficial attempt at drafting a constitution for India. The idea of Constituent Assembly for making the Constitution was first mooted by M. N. Roy in 1934. Indian National Congress (INC) officially demanded the formation of Constituent Assembly in 1935. The demand was accepted, in principle, for a Constituent Assembly in August offer of 1940. Under the Cabinet Mission Plan, 1946 a Constituent Assembly was constituted in Nov. 1946 for framing the Indian Constitution. While the cabinet mission plant rejected the idea of two constituent assemblies, the provisions made by it, more or less satisfied the Muslim League.

Composition of the Constituent Assembly •• •• •• •• •• •• ••

The total strength of the Constituent Assembly was to be 389. (296 seats were allotted to British India and 93 seats to be Princely states). Each province and princely state were to be allotted seats in proportion to their respective population. Seats to each British province were to be divided among the Muslims, Sikhs and General. Voting was to be held by the method of proportional representation by means of single transferable vote. The members from princely states were to be nominated by the heads of the princely states. Therefore the Constituent Assembly was partly elected and partly nominated. Although the Constituent Assembly was not directly elected by the people of India on the basis of adult franchise, the Assembly comprised representative of all sections of Indian society.

P-7

Constitutional Framework and Citizenship ▪▪

•• •• •• ••

First meeting of Constituent Assembly was held on Dec 9, 1946. ▪▪ Muslim League boycotted the Constituent Assembly. ▪▪ Dr. Sachidanand Sinha, the senior most member of the assembly, was elected as the temporary president of the assembly. ▪▪ Dr. Rajendra Prasad was elected as the permanent president of the Assembly. ▪▪ Sir B. N. Rau was appointed as the legal advisor to the Assembly. ▪▪ An Objective Resolution’ was moved by Jawaharlal Nehru on Dec. 13, 1946, which later became the Preamble to the Constitution. ▪▪ On the 26th November, 1949 the Constitution was declared as passed after the President of the Assembly signed the document. Thus on 26th November, 1949 the Constitution of India was adopted. The commencement of the Constitution began on 26th Jan. 1950. ▪▪ Provisions relating to citizenship, elections, provisional parliament, and temporary provisions became effective from 26th November, 1949. ▪▪ On January 24, 1950 the Constituent Assembly held its final session. It had continued as a provisional parliament from 26 January, 1950 till the formation of new parliament in May, 1952. First ‘Draft Constitution of India’ was published in Feb, 1948. It was prepared by Sir B. N. Rau, Constitutional Advisor to the Constituent Assembly. Dr. B. R. Ambedkar is considered the father of the Indian Constitution. The Constituent Assembly took almost 3 years (2 years, 11 months & 18 days) to draft the Constitution for Independent India. It held 11 sessions covering a total of 165 days.

Objective resolution On January 22, 1947, the Constituent Assembly adopted Objective Resolution proposed by Jawahar Lal Nehru. The Objectives Resolution contained the fundamental propositions of the Constitution and set forth the political ideas that should guide its deliberations. The main principles of the resolution were: (i) India shall be an Independent, Sovereign, Republic; (ii) India shall be a Union of erstwhile. British Indian territories, Indian states and the parts outside British India and Indian states as are willing to be a part of the Union. (iii) Territories forming the Union shall be autonomous units and exercise all powers except those assigned to or vested in the Union. (iv) All powers and authority of sovereign and independent India and its Constitution shall flow from the people. (v) All people of India shall be guaranteed and secured social, economic and political justice; equality of status and opportunities before law; and fundamental freedoms of talk, expression, belief, faith, worship, vocation, association and action - subject to law and public morality.

(vi) The minorities, backward and tribal areas, depressed and other backward classes shall be provided adequate safe guards. (vii) The territorial integrity of the republic and its sovereign rights on land, sea and air shall be maintained according to justice and law of civilized nations. (viii) The land would make full and willing contribution of the promotion of world peace and welfare of mankind.

Important Committees COMMITTEE Drafting Committee Members: • Alladi Krishnaswamy Ayyar • N. Gopala Swami Ayyangar • Dr. KM Munshi • Syed Mohammad Saadullah • N Madhava Rao • TT Krishna Machari

CHAIRMAN Dr. B.R. Ambedkar (Father of the Indian Constitution)

Flag Committee

J. B. Kriplani

Union Constitution Committee

Jawaharlal Nehru

Provincial Constitution Committee

Sardar Vallabh Bhai Patel

Union Powers Committee

Jawaharlal Nehru

Committee on Fundamental Rights Sardar Vallabh Bhai and Minorities Patel Special Committee to Examine the (Chairman: Alladi Draft Constitution Krishnaswamy Iyer) Finance & Staff Committee Ad-hoc Court

Committee

on

Dr. Rajendra Prasad Supreme S. Varadachariar

Ad-hoc Committee on National Flag Dr. Rajendra Prasad Committee on Chief Commissioners’ B. Pattabhi Provinces Sitaramayya

Other functions performed by Constituent Assembly : •• •• •• ••

Adoption of the National flag on July, 22, 1947. Ratification of India’s membership of the Commonwealth in May 1949. Adoption of the National Anthem on Jan. 24, 1950. Adoption of the National Song on Jan. 24, 1950.

Criticism of the Constituent Assembly •• ••

It was not a representative body as its members were not directly elected by the people of India on the basis of Universal adult franchise. It was not a Sovereign Body as it was created by the proposals of the British government.

P-8

•• ••



It was dominated by Congress. In fact the Assembly was the Congress and the Congress was India. It was dominated by Hindus.

Sources of Indian Constitution ••

••

The Constitution of India is remarkable for many outstanding features even though it has been prepared after ransacking all the known constitutions of the World and most of its provision are substantially borrowed from others. Indian Constitution has borrowed various provision from different Constitutions existing at that time.

SALIENT FEATURES OF INDIAN CONSTITUTION (i) Bulkiest Constitution of the World Indian Constitution is the one of longest Constitution in the world. Originally it contained 395 Articles, 22 Parts and 8 Schedules. After amendments till date, there are more than 447 Articles, 24 Parts and 12 Schedules. (ii) Combination of Rigidity and Flexibility The Indian Constitution is a combination of rigidity and flexibility. While some provisions of the Constitution can be amended by the Parliament by a simple majority, others require a two-third majority of the members of the parliament as well as ratification of not less than onehalf of the state legislatures (Article 368). Again, some provisions of the Constitution can be amended by the parliament alone by a two-third majority. (iii) Parliamentary System of Government The Constitution provides for a parliamentary system of government under which the real executive power rests with the Council of Ministers and the President is only a nominal head. The Council of Ministers stay in office as long as they enjoy the confidence of the Parliament. The framers of the Constitution decided to adopt a parliamentary system of government for several reasons. Firstly, the system was already in existence in India and people were well acquainted with its working. Secondly, the vast size of the country and the diversity of its culture necessitated the adoption of a parliamentary form of government. Thirdly, the desire to avoid conflicts between the Executive and the Legislature, which was a common features in America, also induced the members of the Constituent Assembly to opt for a parliamentary system. (iv) Federal System with a Unitary Bias The Indian Constitution provides for a federation with a strong centre. It is noteworthy that the Constitution has not used the word ‘federation’, anywhere, and has described India as a ‘Union of States’ which implies that the Indian federation is not the result of any agreement among the units and the units cannot secede from it. India possesses most of the federal features but also several of

Polity the unitary features. The Indian federal structure acquires a unitary character during emergency, when the normal distribution of powers between the centre and the states undergoes vital changes. For KC Wheare India has a quasi federal set up. Morris Jonnes called it as Bargaining Federalism & Granville Austine called it as Cooperative Federalism. •• India is a distinct federation with following characteristics: ▪▪ Division of power. ▪▪ Bicameral legislature. ▪▪ Supremacy of the constitution. ▪▪ Written constitution. ▪▪ Independency of Judiciary. •• Constitution has a unitary bias: ▪▪ Appointment of Governors by the centre. ▪▪ Parliament’s power to legislate in national interest. ▪▪ Parliament’s power to form new states, change their names and alter boundaries of existing states. ▪▪ Emergency provisions. ▪▪ Single constitution. ▪▪ Single citizenship. ▪▪ Integrated judiciary. ▪▪ Office of CAG. (v) Fundamental Rights The Constitution contains an elaborate list of Fundamental Rights. The state cannot make laws which takes away or abridge any of the fundamental rights of the citizens. If it does so, the courts can declare such a law as unconstitutional. It may be noted that the fundamental rights granted by the Constitution are not absolute and are subject to certain restrictions. In other words, the Constitution seeks to strike a balance between individual liberty and societal interests. (vi) Fundamental Duties The constitution also contains a list of 11 fundamental duties.  While ten of these duties were added to the Constitution by the Forty Second Amendment in 1976, the eleventh duty was added by the 86th Constitutional Amendment Act (2002). These duties serve as constant reminders to the citizens that they have to observe certain basic norms of democratic conduct. (vii) Directive Principles of State Policy The Constitution outlines certain Directive Principles of State Policy which the government has to keep in mind while formulating any policy. These principles seek to provide social and economic basis for democracy and the establishment of a welfare state. Unlike the Fundamental Rights, the Directive Principles of State Policy are nonjusticiable, which implies that no action can be brought against the State before a court of law for its failure of implementing the Directive Principles of States policy.

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Constitutional Framework and Citizenship (viii) Secular State The Constitution makes India a secular state. This means that there is no state religion and the state is completely detached from religious dogmas. It also implies that citizens are free to profess, practise and propagate any religion. However, freedom of religion is not absolute and the same can be regulated in the interest of the public. (ix) Independent & Integrated Judiciary The Constitution provides for an independent judiciary which ensures that the government is carried on in accordance with the provisions of the Constitution. Judiciary acts as the guardian of the liberties and fundamental rights of the citizens. It also determines the limits of the powers of the centre and the states. The Constitution provides a single integrated judiciary with the Supreme Court at the top. Below the Supreme Court, there are high Courts at the state level. Under the High Court, there are Subordinate courts. (x) People as Source of Authority The Constitution draws its authority from the people and has been promulgated in the name of the people. This is evident from the Preamble which states ‘We, the people of India... do hereby adopt, enact and give to ourselves this Constitution.’ (xi) Universal Adult Franchise The Constitution introduces universal adult franchise and accords the right to vote to all citizens above 18 years of age without discrimination. However, it makes reservation of seats for Scheduled Castes and Scheduled Tribes to provide them adequate representation. (xii) Emergency Provisions The Constitution vests extraordinary powers in the President during emergencies arising out of armed rebellion or external aggression; emergency due to the breakdown of constitutional machinery in the state; and financial emergency when the credit of the country is threatened. In fact, during emergency the federal Constitution can virtually be converted into a unitary Constitution. (xiii) Single Citizenship It provides single citizenship. All persons residing in different parts of the country are treated as Indian citizens and are entitled to the same rights of citizenship. There is no separate citizenship of states.

(xiv) Bicameral Legislature It provides a bicameral legislature at the Centre consisting of the Lok Sabha and the Rajya Sabha. The former contains representative of the people, while the latter contains representatives of the states. (xv) Special Provision of Minorities The Consitution makes special provision for minorities, Scheduled Castes, Scheduled Tribes, etc. It not only reserves seats for them in the Parliament and State legislatures, but also grants them certain special rights and privileges. (xvi) Panchayati Raj The Constitution provides constitutional basis to Panchayati Raj institutions as well as urban local bodies. This was achieved through the seventy-third and seventy-fourth amendments to the Constitution carried out in December 1992. (xvii) Synthesis of Parliamentary Sovereignty and Judicial Supremacy: •• The doctrine of Sovereignty of Parliament is associated with the British Parliament while the principle of judicial supremacy with that of the American Supreme Court. •• The American Constitution provides for ‘due process of law’ against that of ‘procedure established by law’ contained in the Indian Constitution. The Supreme Court through its power of judicial review can declare the laws passed by the Parliament as unconstitutional. On the other hand, the Parliament can amend major portions of the Constitution. (xviii) Basic Structure Doctrine. Certain features of the Constitution are beyond the amending powers of the Parliament. All laws and constitutional amendments which transgress the basic structure are liable to be struck down. Some of the major features of the basic structure include; supremacy of the Constitution, republican form of government, secularism, federal character, sovereignty of the country, parliamentary democracy, fundamental rights, directive principles etc. In Kesavananda Bharati Vs State of Kerala case 1973, Supreme Court propounded the Doctrine of Basic Structure of the Constitution.

Parts of Constitution Parts I II III IV IV-A V

Subject Matter The Union and its territory Citizenship Fundamental Rights Directive Principles of State Policy Fundamental Duties The Union Government

Articles Covered 1 to 4 5 to 11 12 to 35 36 to 51 51-A 52 to 151

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VI

VIII IX IX-A X XI

XII

XIII XIV

XIV-A XV XVI XVII

XVIII XIX XX XXI XXII

Polity Chapter I – The Executive

52 to 78

Chapter II – Parliament Chapter III – Legislative Powers of President

79 to 122 123

Chapter IV – The Union Judiciary Chapter V – Comptroller and Auditor General of India The State Governments

124 to 147 148 to 151 152 to 237

Chapter I – General Chapter II – The Executive Chapter III – The State Legislature Chapter IV – Legislative Powers of Governor

152 153 to 167 168 to 212 213

Chapter V – The High Courts Chapter VI – Subordinate Courts The Union Territories The Panchayats The Municipalities The Scheduled and Tribal Areas Relations between the Union and the States Chapter I – Legislative Relations Chapter II – Administrative Relations Finance, Property, Contracts and Suits Chapter I – Finance Chapter II – Borrowing Chapter III – Property, Contracts, Rights, Liabilities, Obligations and Suits Chapter IV – Right to Property Trade, Commerce and Intercourse within the Territory of India Services under the Union and the States Chapter I – Services Chapter II – Public Service Commissions Tribunals Elections Special Provisions relating to SCs, STs, OBCs and Anglo-Indians

214 to 232 233 to 237 239 to 242 243 to 243-O 243-O ti 243-ZG 244 to 244-A 245 to 263 245 to 255 256 to 263 264 to 300-A 264 to 291 292 to 293 294 to 300 300-A 301 to 307 308 to 323 308 to 314 315 to 323 323-A to 323-B 324 to 329-A 330 to 342

Official Language Chapter I – Language of the Union Chapter II – Regional Languages

343 to 351 343 to 344 345 to 347

Chapter III – Language of the Supreme Court, High Courts, and so on Chapter IV – Special Directives Emergency Provisions Miscellaneous Amendment of the Constitution Temporary, Transitional and Special Provisions

348 to 349

Short title, Commencement, Authoritative Text in Hindi and Repeals

393 to 395

350 to 351 352 to 360 361 to 367 368 369 to 392

Constitutional Framework and Citizenship

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Schedules in Constitution of India Numbers First Schedule Second Schedule

Third Schedule

Subject Matter Articles Covered 1. Names of the States and their territorial jurisdiction 1 and 4 2. Names of the Union Territories and their extent. Provisions relating to the emoluments, allowances, privileges and so on : 59, 65, 75, 97, 125, 148, 158, 164, 186 & 221 1. The President of India 2. The Governors of States 3. The Speaker and the Deputy Speaker of the Lok Sabha 4. The Chairman and the Deputy Chairman of the Rajya Sabha 5. The Speaker and the Deputy Speaker of the Legislative Assembly in the states 6. The Chairman and the Deputy Chairman of the Legislative Council in the states 7. The Judges of the Supreme Court 8. The Judges of the High Courts 9. The Comptroller and Auditor-General of India Forms of Oaths or Affirmations for: 75, 84, 99, 124, 146, 173, 188 and 219 1. The Union ministers 2. The candidates for election to the Parliament 3. The members of Parliament 4. The judges of the Supreme Court 5. The comptroller and Auditor-General of India 6. The state ministers 7. The candidates for election to the state legislature 8. The members of the state legislature 9. The judges of the High Courts

Fourth Schedule

Allocation of seats in the Rajya Sabha to the states and the union territories 4 and 80

Fifth Schedule

Provisions relating to the administration and control of scheduled areas 244 and scheduled tribes Provisions relating to the administration of tribal areas in the states of 244 and 275 Assam, Meghalaya, Tripura and Mizoram. Division of powers between the Union and the States in terms of List I 246 (Union List), List II (State List) and List III (Concurrent List). Presently, the Union List Contains 100 subjects (originally 97), the state list contains 61 subjects (originally 66) and the concurrent list contains 52 subjects (originally 47).

Sixth Schedule Seventh Schedule

Eighth Schedule

Ninth Schedule

Languages recognized by the Constitution. 344 and 351 Originally, it had 14 languages but presently there are 22 languages. They are: Assamese, Bengali, Bodo, Dogri (Dongri), Gujarati, Hindi, Kannada, Kashmiri, Konkani, Mathili (Maithili), Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu and Urdu. Sindhi was added by the 21st Amendment Act of 1967; Konkani, Manipuri and Nepali were added by the 71st Amendment Act of 1992; and Bodo, Dongri, Maithili and Santhali were added by the 92nd Amendment Act of 2003. Acts and Regulations (originally 13 but presently 282)19 of the state 31-B legislatures dealing with land reforms and abolition of the Zamindari system and of the Parliament dealing with other matters. This schedule was added by the 1st Amendment (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights. However, in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.