Course II

21BT36T Semester
code
Category Mandatory Course (MC) L T P C
2 0 0 2
Course Title CONSTITUTION OF INDIA
COURSE OBJECTIVES
●To understand the importance of constitution.
●To understand the autonomous nature of constitutional bodies like
Supreme Court and high court, controller and auditor general of
India and election commission of India.
PREREQUISITE
● NIL

COURSE OUTCOMES

Blooms
CO. No. Course Outcome
level
At the end of the course students are able to
Understand historical background of the constitutional
making and its importance for building a democratic
C222.1 K2
India, the structure of Indian government, the structure
of state government, the local Administration
C222.2 Apply the knowledge on directive principle of state
policy, the knowledge in strengthening of the K3
constitutional institutions.
Analyze the History, features of Indian constitution, the
C222.3 role Governor and Chief Minister, role of state election
K4
commission, the decentralization of power between
central, state and local self-government.
Evaluate Preamble, Fundamental Rights and Duties,
C222.4 Zilla Panchayat, block level organization, various K6
commissions of viz SC/ST/OBC and women.

MAPPING WITH PROGRAM OUTCOMES

PO1 PO1 PO1 PSO PSO

PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9
CO 0 1 2 1 2

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1
C222. - -
- - - - - 2 - - - - - 1
2
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3
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4
Note: - 1: Slight 2: Moderate 3: Substantial
SYLLABUS No. of Credits: 2

UNIT I INTRODUCTION TO INDIAN CONSTITUTION 6

The Necessity of the Constitution, The Societies before and after the
Constitution adoption. Introduction to the Indian constitution, The Making of
the Constitution, The Role of the Constituent Assembly - Preamble and Salient
features of the Constitution of India.
UNIT II FUNDAMENTAL RIGHTSAND DIRECTIVE PRINCIPLES 6
Fundamental Rights and its Restriction and limitations in different Complex
Situations. Directive Principles of State Policy (DPSP) and its present
relevance in our society with examples. Fundamental Duties and its Scope and
significance in Nation building. Directive Principles of State Policy (Art. 36-51),
UNIT III UNION EXECUTIVE AND STATE EXECUTIVE 6
Parliamentary System, Federal System, Centre-State Relations. Union
Executive – President, Prime Minister, Union Cabinet, Parliament - LS and RS,
Parliamentary Committees, Parliamentary Terminologies.Supreme Court of
India, State Executives – Governor, Chief Minister, State Cabinet, State
Legislature, High Court and Subordinate Courts.
UNIT IV ELECTIONS, AMENDMENTS AND EMERGENCY PROVISIONS 6
Elections, Electoral Process, and Election Commission of India, Election Laws.
Amendments Important Constitutional Amendments. Emergency Provisions,
types of Emergencies and its consequences.
UNITV DIRECTIVE PRINCIPLES & FUNDAMENTAL DUTIES 6
Fundamental Duties (Art. 51A), Basic Features of Constitution & Constitutional
special provisions:Special Provisions for SC and ST, OBC, Women, Children and
Backward Classes.
TOTAL: 30
PERIODS

LEARNING RESOURCES

TEXT BOOKS
1. N. Shukla, Constitution of India, Eastern Book Agency, 2014
2. P. Jain, Indian Constitutional Law, Lexis Nexis, 2013
 3. M. Seervai, Constitutional Law of India, Universal Law Publishing Co.,
Reprint 2013

REFERENCES
1. Glanville Austin, Indian Constitution – cornerstone of the Nations,
Oxford University s
2. M. Bakshi, The Constitution of India, Universal Law Publishing Co., 2014
th
3. D. Basu, Shorter Constitution of India (14 Ed. 2008, reprint 2010)
COURSE CONTENTS DEVELOPED BY

S. No Name Specialisation Mail ID

1 sureshkumara@velhightech.
Dr. A.Suresh Kumar HR & Marketing
com

21BT36T - Constitution Of India

Notes

UNIT -1 : INTRODUCTION TO INDIAN CONSTITUTION :

Meaning :
A constitution is a set of fundamental principles by which a state is formed or
governed. The constitution is the fundamental law of the land that fulfills a
society’s aspirations and goals.

Definition :
Constitution may be defined as “the basic principles and laws of a nation, state,
or social group that determine the powers and duties of the government and
guarantee certain rights to the people in it”

Necessity of the constitution :

1.Preserving Fundamental Rights and Liberties
One of the primary reasons we need a constitution is to protect the
fundamental rights and liberties of individuals. A constitution enshrines the
rights of citizens, such as freedom of speech, religion, and assembly, ensuring
that these rights are safeguarded against encroachment by the government or
any other entity.
2.Ensuring Separation of Powers
Another crucial aspect of a constitution is its role in ensuring the separation of
powers. It establishes distinct branches of government, such as the executive,
legislative, and judicial branches, with defined roles and responsibilities.
3.Establishing a System of Checks and Balances
Closely related to the separation of powers, a constitution establishes a
system of checks and balances. This system allows each branch of
government to exercise oversight over the others, ensuring accountability and
preventing any single branch from becoming too powerful.
4.Providing Stability and Predictability
A constitution provides stability and predictability in governance. It sets out the
fundamental principles and rules that govern a nation, providing a clear
framework for decision-making and policy implementation. 
5.Facilitating Social Cohesion and National Identity
A constitution plays a crucial role in fostering social cohesion and promoting a
sense of national identity. It often includes provisions that recognize and
protect the rights of various ethnic, cultural, and religious groups within a
nation. By acknowledging and respecting the diversity of its citizens, a
constitution contributes to a harmonious and inclusive society.
6.Enhancing Democracy and Popular Participation
Democracy lies at the heart of many modern constitutions. A constitution
establishes the framework for democratic governance, including procedures
for elections, representation, and citizen participation. 
7.Constitution is a Tool for Governance
A constitution provides a set of rules and principles that guide the functioning
of government institutions. It outlines the structure of government, defines the
powers and limitations of various branches, and establishes mechanisms for
policy formulation and implementation.
8.Constitution serves as a Protector of Minority Rights
Minority rights are often vulnerable to infringement in societies where the
majority holds significant power. A constitution acts as a safeguard for
minority rights, ensuring their protection and preventing discrimination. 
9.Constitution is a Mechanism for Change
A constitution is not a static document but a living one that can adapt to
changing times. It provides mechanisms for amendment and revision, allowing
societies to address emerging challenges and embrace social progress. 

10.Upholding human rights and democratic values

Constitutions are of great importance in the modern democratic world. The

constitutions in many democratic nation-states serve the purpose of ensuring
that the procedure of selecting those in power is un corrupt and fair. It also
grants people their right to vote and freedom to express their criticism of
those in power. 

Indian Society Before Constitution :

In 1600, the British arrived in India as traders in the form of the East India
Company (EIC). Under a Charter granted by Queen Elizabeth I, the company had
the exclusive rights to trading in India. Initially, they only engaged in trading and
were not motivated by political gains. However, this scenario changed after
their victory in the Battle of Buxar in 1764.

The company which until now was only engaged in trade gained Diwani rights
(rights over revenue) of Bengal, Bihar and Orissa. This marked the rise of EIC as
a territorial force. The company went on to administer India till 1858 when the
British Crown directly assumed control of India’s affairs in the wake of the
‘Revolt of 1857’. The British government went on to rule India till its
independence on August 15, 1947.

India’s independence necessitated a Constitution for the country. In 1946, the

Constituent Assembly was formed to draft the constitution. The Indian
Constitution came into being on 26th January 1950.

Evolution or Making of Indian Constitution :

The evolution of the Constitution of India can be traced back to various acts
and policies were undertaken by the Company and the British administration.
The constitution of India came into force on January 26, 1950 under Dr BR
Ambedkar (Farther of the Constitution of India) and transformed the Dominion
of India into the Republic of India. It had been drafted, discussed, and finalised
by the Constituent Assembly between 1946 and 1949. The evolution can be
studied under two broad timelines:

The Company rule (1773-1858)

The Crown rule (1858-1947)

Constitution of India History – Indian Independence Act of 1947

The Mountbatten Plan was accepted by all parties. The INC initially opposed
the partition of the country but finally accepted it as an inevitable process. The
plan was accepted by both INC and the Muslim League. The proposal was
given immediate effect by enacting the Indian Independence Act 1947.

Historical Background of Indian Constitution :

India is the largest democracy in the world, living and breathing in the air of
sovereignty has been gifted with the lengthiest constitution of the world that
consists of 448 Articles (395 originally), 25 Parts (22 originally), 12 Schedules
(8 originally), 105 constitutional amendments (first was enacted in 1950). The
Story behind the making of the Indian Constitution receives a significant
position in the history of India.

Government of India Act 1919: It announced that in 10 years from 1919, a royal
commission will be set up to report on the working of the particular act, though
the commission was appointed in 1928, even though it was to be appointed in
1929 as per the 1919 Act.

Indian Statutory Commission: Also came to known as Simon Commission’, was

a group of seven Members of the British Parliament under the chairmanship of
Sir John Simon. The commission arrived in India in 1928 to study constitutional
reform in Britain’s largest and most important dominion. The purpose of this
commission was to report on the working of the Indian established under the
Government of India Act 1919 and to decide the political future of India.

Indians Response: The Indian National Congress along with the Muslim League
boycotted the commission as a result of the protest Lord Birkenhead, the
Secretary of State of India challenged Indian leaders to draft a Constitution for
India which was accepted by the Indian leaders.

First Major Attempt: A committee was appointed with the task to draft Indian
Constitution. The committee was under the leadership of Motilal Nehru with
Jawaharlal Nehru as Secretary, Ali Imam, Tej Bahadur Sapru, Mangal Singh, M S
Aney, Subhas Chandra Bose, Shuaib Qureshi and G R Pradhan where the other
members. The draft of the constitution prepared by the committee was called
the Nehru Committee Report or Nehru Report. The report was submitted in the
Lucknow session of the all-party conference on August 28, 1928. This was the
first major attempt by Indians to draft a constitution for India.

Demand of Constituent Assembly: The seed for the formation of the

constituent assembly was sown initially in 1934 by the Pioneer of the Indian
Communist Leader Mahendra Nath Roy (M.N Roy). Later, in 1935, the Indian
National Congress (INC) officially demanded the setting up of a for framing
the Constitution of India.

British Response: In early 1940, the British responded to the above demand
and proposed August Offer this proposal included the establishment of an
advisory war council, the inclusion of more Indians in administration, and
recognized the right of Indians to frame their own Constitution after the end of
the Second World War. The offer was, rejected by both Congress Working
Committee and the Muslim League.
Cripps Mission: The Cripps Mission, headed by Sir Stafford Cripps, was sent in
March 1942. It was entrusted with drafting a draft proposal on the framing of
an independent constitution after the end of World War II. However, it also
failed in its objective.

Cabinet Mission: In 1946, the Cabinet Mission came to India with the aim to
discuss the transfer of power from the British Government to the Indian
leadership, with the aim of preserving India’s unity and granting it independence.

It held discussions with representatives of British India and the Indian States to
set up a Constituent body. And, also put forth a scheme for the formation of
the Constituent Assembly. Based on the recommendation the Constituent
Assembly was formed on December 1946..

Constitution Makers of India:

The drafting committee of the Constitution had seven members namely Alladi
Krishnaswami Ayyar, N. Gopalaswami, B.R. Ambedkar (Chairman of the drafting
committee.), K.M Munshi, Mohammad Saadulla, B.L. Mitter, D.P. Khaitan.

Note: B.L.Mitter resigned due to health issues and he was replaced by N

Madhav Rau. D.P. Khaitan died in 1948 and got replaced by TT Krishnamachari.

India After Constitution Adoption :

India is now a sovereign state.
With the Constitution coming into effect the dominion status came to an end.
India became a virtual sovereign state.
India’s adherence to socialism (Democratic Socialism which is not state
socialism) witnessed the introduction of planning and nationalization of heavy
industries along with banks.
India have witnessed the growth and development on several sectors like
Industry, Agriculture.
It results in rising the national income of the economy and also it has positive
impact on GDP and economical factors of the country.

Role of constituent Assembly : (Explain Each)

Furthermore, the Constituent Assembly had numerous as well as different

Roles. Here are the Roles of the Constituent Assembly: 
● To Draft the Constitution of India to make sure that every individual in
the nation is granted equal rights and opportunities. 
● Finalising the National Flag, the assembly formally decided our National
Flag on the 22nd of July, 1947. 
 ● Establish Legislative frameworks. 
● Electing the first president of India
● Deciding the National Anthem and National Song
● The Constituent Assembly had the monumental task of drafting a
constitution that would lay the foundation for the newly independent
India. 

● Its primary responsibility was to frame a constitution that would define

the structure of the government, establish the fundamental rights of
citizens, and outline the powers and responsibilities of various branches
of the government.

● In addition to drafting the constitution, the Constituent Assembly also

had the responsibility of ensuring that the transition from colonial rule to
independent governance was smooth and seamless.

● It had to address various challenges, including the integration of

princely states, the protection of minority rights, and the establishment
of a democratic framework that would safeguard individual liberties.

The preamble to the Indian Constitution

The preamble to the Constitution of India is a brief introductory statement that
sets out the guiding purpose, principles and philosophy of the constitution. The
preamble gives an idea about the following: (1) the source of the constitution,
(2) the nature of the Indian state (3) a statement of its objectives and (4) the
date of its adoption.
Components of Preamble

●It is indicated by the Preamble that the source of authority of the

Constitution lies with the people of India.
●Preamble declares India to be a sovereign, socialist, secular and
democratic republic.
●The objectives stated by the Preamble are to secure justice, liberty,
equality to all citizens and promote fraternity to maintain unity and
integrity of the nation.
●The date is mentioned in the preamble when it was adopted
i.e. November 26, 1949.
Key words in the Preamble

●We, the people of India: It indicates the ultimate sovereignty of the

people of India. Sovereignty means the independent authority of the
 State, not being subject to the control of any other State or external
power.
●Sovereign: The term means that India has its own independent
authority and it is not a dominion of any other external power. In the
country, the legislature has the power to make laws which are
subject to certain limitations.
●Socialist: The term means the achievement of socialist ends
through democratic means. It holds faith in a mixed economy where
both private and public sectors co-exist side by side.
nd
It was added in the Preamble by 42 Amendment, 1976.
●Secular: The term means that all the religions in India get equal
respect, protection and support from the state.
nd
It was incorporated in the Preamble by 42 Constitutional
Amendment, 1976.
●Democratic: The term implies that the Constitution of India has an
established form of Constitution which gets its authority from the
will of the people expressed in an election.
●Republic: The term indicates that the head of the state is elected
by the people. In India, the President of India is the elected head of
the state.

Salient Features of Indian Constitution:

1. Lengthiest Written Constitution
There are two types of constitutions: written (like the American Constitution)
and unwritten (like the British Constitution). The Indian Constitution holds the
title of being the world’s longest and most comprehensive constitution to date.

2. Drawn from Various Sources

The majority of the provisions of the Indian Constitution were taken from other
nations’ constitutions as well as from the Government of India Act of 1935
(about 250 of the Act’s provisions were included in the Constitution). Dr. B. R.
Ambedkar proclaimed with pride that the Indian Constitution was drafted after
“ransacking all known Constitutions of the world.”
The Government of India Act of 1935 served as the foundation for a
substantial portion of the Constitution’s structural provisions.

3. Blend of Rigidity and Flexibility

There are two types of constitutions: stiff and flexible. A rigid constitution, like
the American Constitution, is one that must be amended through a certain
process. A flexible constitution, like the British Constitution for instance, is one
that can be changed in the same way that regular laws are produced. The
Indian Constitution is a special illustration of how rigidity and flexibility may
coexist.

4. Federal System with Unitary Bias(Strong System)

A federal structure of governance is established under the Indian Constitution.
Every characteristic of a federation is present, including two governments, a
division of powers, a written constitution, the supremacy of the Constitution, its
rigour, an independent judiciary, and bicameralism.

5. Parliamentary Form of Government

The British Parliamentary System of Government has been chosen by the
Indian Constitution above the American Presidential System of Government.
The presidential system is founded on the notion of the separation of powers
between the two organs, whereas the parliamentary system is based on the
idea of cooperation and coordination between the legislative and executive
organs.

6. Synthesis of Parliamentary Sovereignty & Judicial Supremacy

The British Parliament is linked to the theory of parliamentary sovereignty,
while the American Supreme Court is linked to the doctrine of judicial
supremacy. The Indian Supreme Court has less judicial review authority than
the US Supreme Court, much as how the Indian parliamentary system varies
from the British one.

7. Rule of Law
This axiom states that men are not infallible and that hence people are ruled by
law rather than men. The statement is essential to a democracy. The notion
that the rule of law is supreme in a democracy is more significant. The main
component of law is custom, which is nothing more than the ordinary people’s
ingrained behaviors and beliefs over a lengthy period of time.

8. Integrated and Independent Judiciary

A single, integrated judicial system exists in India. The Indian Constitution also
establishes an independent judiciary by preventing the legislature and
government from having any influence over it. The Supreme Court of the legal
system is known as the Supreme Court.
The state-level High Courts are superior courts to the Supreme Court. District
courts and other lower courts fall within the high court’s hierarchy of
subordinate courts.

9. Fundamental Rights
Six Fundamental Rights are guaranteed to all citizens of India under Part III of
the constitution. One of the key components of the Indian Constitution is the
guarantee of fundamental rights. The fundamental tenet of the Constitution is
that everyone has a right to certain freedoms as a fellow human being and that
the exercise of those freedoms is independent of the majority or minority
opinion.

10. Fundamental Duties

The fundamental obligations of citizens were not outlined in the original
constitution. The Swaran Singh Committee’s suggestion led to the 42nd
Amendment Act of 1976, which introduced Fundamental Duties to our
Constitution. It outlines a list of ten Fundamental Duties that all Indian people
must uphold.

11.Single Citizenship
As is the case in the USA, citizens of federal states typically have dual
citizenship. There is just one citizenship in India. It implies that every Indian is a
citizen of India, regardless of where they were born or where they currently
reside. He or she may be a resident of a Constituent State like Jharkhand,
Uttaranchal, or Chhattisgarh, but they are not a citizen of that state; instead,
they are a citizen of India.

12.Indian Secularism
India’s Constitution upholds a secular government. As a result, it does not
support a specific religion as the state’s official religion in India. The idea seeks
to create a secular state. This does not imply that the Indian government is
hostile to religion. The Indian constitution exemplifies secularism, which is the
practice of treating all religions equally or providing equal protection for all of
them.

UNIT II
Fundamental Rights And Directive Principles

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. 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.
The various fundamental rights are:

1.Right To Equality :
The Right to Equality is one of the chief guarantees of the Constitution. It is
embodied in Articles 14–18, which collectively encompass the general
principles of equality before law and non-discrimination and Articles 17–18
which collectively encompass further the philosophy of social equality.

2.Right To Freedom :
The Right to Freedom is covered in Article 19 to 22, with the view of
guaranteeing individual rights that were considered vital by the framers of the
Constitution, and these Articles also include certain restrictions that may be
imposed by the State on individual liberty under specified conditions. Article 19
guarantees six freedoms in the nature of civil rights, which are available only to
citizens of India.These include the freedom of speech and expression, freedom
of assembly without arms, freedom of association, freedom of
movement throughout the territory of our country, freedom to reside and settle
in any part of the country of India and the freedom to practice any profession.

3.Right against exploitation :

The Right against Exploitation contained in Articles 23–24, lays down certain
provisions to prevent exploitation of the weaker sections of the society by
individuals or the State.Article 23 prohibits human trafficking, making it an
offence punishable by law, and also prohibits forced labour or any act of
compelling a person to work without wages where he was legally entitled not
to work or to receive remuneration for it.
4.Right to freedom of religion :
The Right to Freedom of Religion, covered in Articles 25–28, provides
religious freedom to all citizens and ensures a secular state in India. According
to the Constitution, there is no official State religion, and the State is required to
treat all religions equally, impartially and neutrally.

Article 25 guarantees all persons the freedom of conscience and the right to
preach, practice and propagate any religion of their choice. 
Article 26 guarantees all religious denominations and sects, subject to public
order, morality and health, to manage their own affairs in matters of religion,
set up institutions of their own for charitable or religious purposes, and own,
acquire and manage a property in accordance with law.
Article 27 guarantees that no one can be compelled to pay taxes for the
promotion of any particular religion or religious institution
Article 28 prohibits religious instruction in a wholly or partially state-funded
educational institution, and educational institutions receiving aid from the State
cannot compel any of their members to receive religious instruction or attend
religious worship without their (or their guardian's consent.
5.Right to life :
The Constitution guarantees the right to life and personal liberty, which in turn
cites specific provisions in which these rights are applied and enforced.

Protection with respect to a conviction for offences is guaranteed under the

right to life and personal liberty. According to Article 20, no one can be
awarded punishment which is more than what the law of the land prescribes at
the time of commission of the crime.

Protection of life and personal liberty is also stated under the right to life and
personal liberty. Article 21 declares that no citizen can be denied his life and
liberty except by due process of law. This means that a person's life and
personal liberty can be disputed only if that person has committed a crime. 
6.Cultural and educational rights :
The Cultural and Educational rights, given in Articles 29 and 30, are measures
to protect the rights of cultural, linguistic, and religious minorities, by enabling
them to conserve their heritage and protecting them against discrimination.

Article 29 grants any section of citizens having a distinct language, script, or

culture of its own, the right to conserve and develop the same, and thus
safeguards the rights of minorities by preventing the State from imposing any
external culture on them

Article 30 confers upon all religious and linguistic minorities the right to set up
and administer educational institutions of their choice to preserve and develop
their own culture, and prohibits the State, while granting aid, from
discriminating against any institution on the basis of the fact that it is
administered by a religious or cultural minority

7.Right to Constitutional Remedies :

Article 32 provides a guaranteed remedy, in the form of a Fundamental Right
itself, for enforcement of all the other Fundamental Rights, and the Supreme
Court is designated as the protector of these rights by the Constitution

Article 33 of the Indian constitution grants the Parliament the authority to

enact legislation aimed at limiting the extension of fundamental rights to
particular groups, which may encompass individuals within the Indian Army
and intelligence agencies.

Article 34 of the Constitution grants authority to the Parliament to provide

indemnification for government servants or individuals who may have taken
actions in relation to the maintenance or restoration of order within regions
where martial law had been enforced. 

Article 35 of the Indian Constitution is a provision that gives the Parliament the
exclusive power to make laws on certain matters related to the fundamental
rights, such as the reservation of public employment, the application
of fundamental rights to the armed forces, the restriction of fundamental rights
during martial law, and the punishment for violating the fundamental rights.

8.Right to privacy:
The right to privacy is protected as an intrinsic part of the right to life and
personal liberty under Article 21 and as a part of the freedoms guaranteed by
Part III of the Constitution. It protects the inner sphere of the individual from
interference from both State and non-State actors and allows individuals to
make autonomous life choices. 

9.Right to property:
The Constitution originally provided for the right to property under Articles 19
and 31. Article 19 guaranteed to all citizens the right to acquire, hold and
dispose of property. Article 31 provided that "no person shall be deprived of
his property save by authority of law." It also provided that compensation
would be paid to a person whose property has been taken for public purposes.

10.Right to education :
The right to education at elementary level has been made one of the
fundamental rights in 2002 under the 86th Amendment of 2002.[37] However
this right was brought in to implementation after eight years in 2010. On 2 April
2010, India joined a group of few countries in the world, with a historical law
making education a fundamental right of every child coming into force.

Restrictions On Fundamental Rights :

The Constitution provides for fundamental rights, which are restrictions on the
state. 1.The state has to not only respect but also protect the fundamental
rights of citizens. 2.Further, these fundamental rights are curbed by some
reasonable restrictions so that, the balance in society is not distorted by the
unreasonable acts committed under the garb of such fundamental rights.

Limitations of Fundamental Rights:

The fundamental rights listed in the constitution have reasonable restrictions,
which means they are not absolute and depend on the conditions of national
security, public influence, and relations with other countries. These rights
include certain restrictions and limitations, which are briefed as follows:

1. Social And Economic Rights Are Not Included:

The fundamental rights do not include important social and economic rights
that are also important for individuals to lead a quality life. The right to social
security, the right to labor, and the right to employment are not considered
fundamental rights. Other countries like China provide such rights.
2. Lack of Clarity:
Many experts have found that certain terms and phrases used to define the
various fundamental rights lack clarity as their explanation is not given in the
constitution of India. This creates some confusion or vagueness in
understanding the scope of these rights.
3. Subject to Changes or Abolishment:
The government of India has the authority to change, curtail, or abolish any
fundamental rights. There are apprehensions and criticism against this
because of the political motivations that may enjoy majority support in the
parliament.
4. Suspension During Emergencies:
Fundamental rights are subject to suspension during the operation of a
national emergency (except for the fundamental rights defined under Articles
20 and 21). Citizens of the country will be deprived of their fundamental rights
if a national emergency is declared.
5. Preventive Detention:
Provisions for the concept of preventive detention where the state can impose
reasonable restrictions on fundamental rights are criticized in many forums.
This is considered critical as it undermines the value and significance of
fundamental rights by conferring discretionary power on the state.
6. Expensive Judicial Process:
Ordinary people often don’t have the experience or financial means to go
through the judicial processes to have their fundamental rights enforced by the
law. The judicial process is also expensive and complex and sometimes
beyond the reach of ordinary people. 
7. Restriction of Laws:
The parliament can restrict the application of fundamental rights to the
members of armed forces, paramilitary forces, police forces, and intelligence
agencies.
Directive Principles Of State Policy
The Directive Principles of State Policy aim to promote the welfare of the
people, ensure social and economic justice, and create a just and equitable
society key principles outlined in the DPSP include:
1. Equal Pay for Equal Work: Ensuring that men and women receive equal
pay for equal work.
2. Right to Work, Education, and Public Assistance in Certain
Cases: Ensuring opportunities for work, education, and public
assistance, particularly for marginalized sections of society.
3. Provision of Adequate Means of Livelihood: Ensuring that the citizens
have the means to earn a livelihood that is adequate and sustainable.
4. Equal Justice and Free Legal Aid: Ensuring that justice is accessible to
all and that free legal aid is provided to those who cannot afford it.
5. Promotion of Educational and Economic Interests of Scheduled Castes,
Scheduled Tribes, and Other Weaker Sections: Ensuring the development
and protection of marginalized communities.
6. Protection of Monuments and Places of National
Importance: Preserving cultural heritage and historical sites.
7. Promotion of International Peace and Security: Pursuing policies that
contribute to international peace and security.
8. Uniform Civil Code: Striving to secure for the citizens a uniform civil
code throughout the territory of India.
9. Protection of the Environment: Promoting sustainable development
and protecting the environment.

Amendments to DPSP
The DPSP has been amended four times.

● 42nd Amendment 1976: It added four new directive principles- Article

39, Article 39A, Article 43A, and Article 48A.
● 44th Amendment 1978: The 44th Amendment Act of 1978 created a
new DPSP under Article 38, which mandates the State to reduce
inequalities in income, status, facilities, and opportunities.
● 86th Amendment 2002: It altered Article 45’s subject matter, and under
Article 21A, basic education became a fundamental right.
● 97th Amendment 2011: The 97th Amendment Act of 2011 created a
new DPSP for cooperative societies under Article 43B.

Contents of directive principles :

ARTICLE 36: DEFINITION

In this Part, unless the context otherwise requires, “the State” has the same
meaning as in Part III.

ARTICLE 37: APPLICATION OF THE PRINCIPLES CONTAINED IN THIS PART

The provisions contained in this Part shall not be enforced by any court, but the
principles therein laid down are nevertheless fundamental in the governance of
the country and it shall be the duty of the State to apply these principles in
making laws.

ARTICLE 38: STATE TO SECURE A SOCIAL ORDER FOR THE PROMOTION OF

THE WELFARE OF THE PEOPLE
(1) The State shall strive to promote the welfare of the people by securing and
protecting as effectively as it may a social order in which justice, social,
economic, and political, shall inform all the institutions of the national life.

(2) The State shall, in particular, strive to minimize the inequalities in income,
and endeavor to eliminate inequalities in status, facilities, and opportunities,
not only amongst individuals but also amongst groups of people residing in
different areas or engaged in different vocations.

ARTICLE 39: CERTAIN PRINCIPLES OF POLICY TO BE FOLLOWED BY THE

STATE
The State shall, in particular, direct its policy towards securing –

(a) that the citizen, men, and women equally, have the right to an adequate
means of livelihood;
(b) that the ownership and control of the material resources of the community
are so distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the
concentration of wealth and means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men, and women, and the tender
age of children are not abused and that citizens are not forced by economic
necessity to enter avocations unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy
manner and conditions of freedom and dignity and that childhood and youth
are protected against exploitation and moral and material abandonment.

ARTICLE 39A: EQUAL JUSTICE AND FREE LEGAL AID

The State shall secure that the operation of the legal system promotes justice,
on a basis of equal opportunity, and shall, in particular, provide free legal aid, by
suitable legislation or schemes or in any other way, to ensure
that opportunities for securing justice are not denied to any citizen because of
economic or other disabilities.

ARTICLE 40: ORGANISATION OF VILLAGE PANCHAYATS

The State shall take steps to organize village panchayats and endow them with
such powers and authority as may be necessary to enable them to function as
units of self-government.

ARTICLE 41: RIGHT TO WORK, EDUCATION, AND PUBLIC ASSISTANCE IN

CERTAIN CASES
The State shall, within the limits of its economic capacity and development,
make effective provision for securing the right to work, education, and public
assistance in cases of unemployment, old age, sickness, and disablement, and
in other cases of undeserved want.

ARTICLE 42: PROVISION FOR JUST AND HUMANE CONDITIONS OF WORK AND
MATERNITY RELIEF
The State shall make provisions for securing just and humane conditions of
work and for maternity relief.

ARTICLE 43: LIVING WAGE, ETC., FOR WORKERS

The State shall endeavor to secure, by suitable legislation or economic
organization or in any other way, to all workers agricultural, industrial or
otherwise, work, a living wage, conditions of work ensuring a decent standard
of life and full enjoyment of leisure and social and cultural opportunities and, in
particular, the State shall endeavor to promote cottage industries on an
individual or co-operative basis in rural areas.

ARTICLE 43A: PARTICIPATION OF WORKERS IN THE MANAGEMENT OF

INDUSTRIES
The State shall take steps, by suitable legislation or in any other way, to secure
the participation of workers in the management of undertakings,
establishments or other organizations engaged in any industry.

ARTICLE 43B: PROMOTION OF COOPERATIVE SOCIETIES

The State shall endeavor to promote voluntary formation, autonomous
functioning, democratic control, and professional management of cooperative
societies.

This Article was not a part of the Constitution of India 1950 and was inserted
by the Constitution (Ninety-seventh Amendment) Act, 2011. It directs the State
to promote the democratic functioning of cooperative societies.

ARTICLE 44: UNIFORM CIVIL CODE FOR THE CITIZEN

The State shall endeavor to secure for the citizens a uniform civil
code throughout the territory of India.

ARTICLE 45: PROVISION FOR FREE AND COMPULSORY EDUCATION FOR

CHILDREN
The State shall endeavor to provide, within ten years from the commencement
of this Constitution, for free and compulsory education for all children until they
complete the age of fourteen years.

ARTICLE 46: PROMOTION OF EDUCATIONAL AND ECONOMIC INTERESTS OF

SCHEDULED CASTES, SCHEDULED TRIBES, AND OTHER WEAKER SECTIONS
The State shall promote with special care the educational and economic
interests of the weaker sections of the people, and in particular, of
the Scheduled Castes and the Scheduled Tribes, and shall protect them from
social injustice and all forms of exploitation.

ARTICLE 47: DUTY OF THE STATE TO RAISE THE LEVEL OF NUTRITION AND
THE STANDARD OF LIVING AND TO IMPROVE PUBLIC HEALTH
The State shall regard the raising of the level of nutrition and the standard of
living of its people and the improvement of public health as among its primary
duties and, in particular, the State shall endeavour to bring about prohibition of
the consumption except for medicinal purpose of intoxicating drinks and of
drugs which are injurious to health.

ARTICLE 48: ORGANIZATION OF AGRICULTURE AND ANIMAL HUSBANDRY

The State shall endeavour to organize agriculture and animal husbandry on
modern and scientific lines and shall, in particular, take steps for preserving
and improving the breeds and prohibiting the slaughter, of cows and calves and
other milch and draught cattle.
ARTICLE 48A: PROTECTION AND IMPROVEMENT OF ENVIRONMENT AND
SAFEGUARDING OF FORESTS AND WILDLIFE
The State shall endeavour to protect and improve the environment and
safeguard the forests and wildlife of the country.

ARTICLE 49: PROTECTION OF MONUMENTS AND PLACES AND OBJECTS OF

NATIONAL IMPORTANCE
It shall be the obligation of the State to protect every monument or place or
object of artistic or historic interest, declared by or under law made by
Parliament to be of national importance, from spoliation, disfigurement,
destruction, removal, disposal, or export, as the case may be.

ARTICLE 50: SEPARATION OF JUDICIARY FROM THE EXECUTIVE

The State shall take steps to separate the judiciary from the executive in the
public services of the State.

ARTICLE 51: PROMOTION OF INTERNATIONAL PEACE AND SECURITY

The State shall endeavour to –

(a) promote international peace and security;

(b) maintain just and honourable relations between nations;
(c) foster respect for international law and treaty obligations in the dealings of
organized people with one another; and
(d) encourage settlement of international disputes by arbitration.

Fundamental Duties: As responsible Indian citizens, we are bestowed with

certain rights and duties. Alongside our rights, it is crucial to be aware of our
Fundamental Duties and fulfil them conscientiously. These duties require us to
adhere to the laws of the land and fulfil our legal obligations. 

Fundamental duties - It shall be the duty of every citizen of India…

(
a to abide by the Constitution and respect its ideals and institutions, the
) National Flag and the National Anthem.
(
b to cherish and follow the noble ideals which inspired our national struggle
) for freedom.
(
c to uphold and protect the sovereignty, unity and integrity of India.
)

(
d to defend the country and render national service when called upon to do
) so.

( to promote harmony and the spirit of common brotherhood among all the
e people of India, transcending religious, linguistic and regional or sectional
) diversities; to renounce practices derogatory to the dignity of women.

(
f to value and preserve the rich heritage of our composite culture.
)

(
g to protect and improve the natural environment, including forests, lakes,
) rivers and wildlife, and to have compassion for living creatures.

(
h to develop the scientific temper, humanism and the spirit of inquiry and
) reform.

(i
) to safeguard public property and to abjure violence.

to strive towards excellence in all spheres of individual and collective

(j activity so that the nation constantly rises to higher levels of endeavour
) and achievement.

( who is a parent or guardian to provide opportunities for education to his

k child or, as the case may be, a ward between the age of six and fourteen
) years.

Features of the Fundamental Duties

The Fundamental Duties of Indian Constitution outlined in Article 51-A possess
several distinct features which are as follows:

● Non-Justiciable – These duties are non-justiciable, meaning they

are not enforceable by law through the judiciary. However, they serve
as moral obligations and guiding principles for citizens.
● Scope of Applicability – These duties are confined to citizens
only and do not extend to foreigners.
● Derived from Various Sources– These duties draw inspiration from
various sources, including the Constitution of the erstwhile Soviet
Union, the thoughts of Mahatma Gandhi, and other constitutional
experts. They reflect a blend of national and international values.
● Directive Nature – These duties guide the behavior and conduct of
citizens and serve as a moral compass for shaping a responsible and
law-abiding society.
● Codification of Indian Values – They refer to values that have been a
part of Indian traditions and practices. Thus, they essentially are a
codification of tasks integral to the Indian way of life.
● Moral and Civic – Some of them are moral duties e.g. cherishing
noble ideals of national freedom struggle, while others are civic duties
e.g. respecting the Constitution.

Scope and Importance of Fundamental Duties

The significance of the fundamental duties of Indian Constitution lies in their

role in fostering a sense of responsibility, patriotism, and social cohesion
among citizens. The points highlighting their significance are:

● Promotes Civic Consciousness – These duties instill a sense of

civic consciousness and responsibility among citizens toward the
nation and society. For example, they remind them of their obligations
to uphold the values enshrined in the Constitution.
● Educational and Cultural Promotion – Some Fundamental Duties
emphasize the importance of promoting education, scientific temper,
and the development of scientific knowledge, while also cherishing
the rich cultural heritage of India.
 ● Harmonization with Rights – These duties complement the
Fundamental Rights enshrined in the Constitution. While Fundamental
Rights confer entitlements upon citizens, Fundamental Duties remind
them of their reciprocal obligations towards society and the nation.
● Promotes People’s Participation – They create a feeling among the
citizens that they are not mere spectators but active participants in
the realization of national goals.
● Preservation of National Unity and Integrity – These duties
emphasize the importance of respecting the ideals of the
Constitution and promoting a shared commitment to the welfare of
the country beyond individual interests.
● Inculcation of Moral and Ethical Values – These duties encourage
the cultivation of moral and ethical values among citizens by
promoting integrity, honesty, and respect for others.
● Promotes Democratic Principles – These duties reinforce the
principles of democracy through civic engagement and responsible
citizenship, essential for the functioning of a vibrant democracy.
● Promotes Social Welfare – These duties encourage citizens
to promote harmony and the spirit of common brotherhood, fostering
social cohesion and inclusivity.
● Complements Fundamental Rights – While fundamental rights
empower individuals, fundamental duties remind citizens of their
responsibilities towards society and fellow citizens. They strike a
balance between rights and responsibilities, ensuring that individual
freedoms are exercised responsibly.
● Legal and Constitutional Framework – These duties serve
as guiding principles for lawmakers and policymakers in shaping laws
and policies for the betterment of society.
● Aids Judiciary – As ruled by the Supreme Court, in determining the
constitutionality of any law, if a court finds that the law in question
seeks to give effect to a fundamental duty, it may consider such law
to be ‘reasonable’ in relation to Article 14 (equality before law) or
Article 19 (six freedoms). Thus, they help the judiciary in examining
and determining the constitutional validity of a law.
● Global Recognition – The inclusion of fundamental duties enhances
India’s standing on the global stage by showcasing its citizen’s
dedication to democratic values and constitutional principles.

Directive Principles : Article 38-51

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 Promote the welfare of the people by securing a social order through justice
38 —social, economic and political—and to minimise inequalities in income,
status, facilities and opportunities
Article Secure citizens:
39 ● 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 In cases of unemployment, old age, sickness and disablement, secure
41 citizens:
● Right to work
● Right to education
● Right to public assistance
Article Make provision for just and humane conditions of work and maternity relief
42
Article Secure a living wage, a decent standard of living and social and cultural
43 opportunities for all workers
Article Take steps to secure the participation of workers in the management of
43A industries
Article Raise the level of nutrition and the standard of living of people and to
47 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 cooperation 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

Directive Principles of State Policy’s notes about its classification is important

for UPSC 2024 and aspirants should learn these with articles mentioned.

What are the new DPSPs added by the 42nd Amendment Act, 1976?

42nd Amendment Act, 1976 added four new Directive Principles to the list:

S.No Article New DPSPs

1 Article 39 To secure opportunities for the healthy development of children
2 Article 39A To promote equal justice and to provide free legal aid to the poor
3 Article 43A To take steps to secure the participation of workers in the
management of industries
4 Article 48A To protect and improve the environment and to safeguard forests
and wildlife
UNIT III : UNION EXECUTIVE AND STATE EXECUTIVE
A parliamentary system, or parliamentary democracy, is
a system of democratic government where the head of government (who
may also be the head of state) derives their democratic legitimacy from
their ability to command the support ("confidence") of the legislature,
typically a parliament, to which they are accountable.
According to the Supreme Court, the Constitution is based on the British
parliamentary system, where the administration is thought to be primarily
responsible for formulating governmental policy and ensuring that it is
 passed into law by maintaining the Lok Sabha’s trust.
Features of the Parliamentary System
● The real executive and the nominal executive are the two executives.
The real executive is the Prime Minister, who is the head of government,
not the head of state (president or monarch).
● Rule by the party that has the majority in the Lok Sabha.
● The cornerstone of the parliamentary system of government is
collective responsibility (Art. 75) to the Lok Sabha.
● Only for Lok Sabha, no-confidence vote (cannot introduce in Rajya
Sabha )
● Political homogeneity is provided. Shared party affiliation and
ideologies.
● Ministers have dual membership in the legislative and executive
branches.
● A minister loses their position if they are absent from the Parliament for
six months in a row
● The length of the government’s tenure depends on whether it has a
majority in the lower chamber. The council of ministers must resign if a
motion of no confidence in the government is unsuccessful. A new
administration will be formed after the elections.
● The Prime Minister is in charge of this system of government. The PM
is often chosen from among the leaders of the parties that gain a
majority in the lower chamber.
● A close working relationship exists between the legislature and the
executive in this situation. The Parliament is legislative, and the Prime
Minister and the Council of Ministers make up the executive. Since the
members of parliament chose the prime minister and the ministries, it
appears that the executive branch is derived from the legislature.
Merits
● Better coordination between the executive and the legislature: Since the
executive is a part of the legislature and the majority of lawmakers often
support the government, passing legislation and putting them into effect
is made easier.
● There is no authoritarianism since the executive is answerable to the
legislative and subject to a motion of no confidence. Furthermore, power
is not centralised like it is under the presidential government.
● Inclusive and participatory decision-making
● Responsible government. The Parliament holds ministers accountable
for their actions.
● Discussions, a motion for adjournment, and a motion for no confidence
are all used as tools.
● Prepare an alternative government in the event that the majority
dissents.
● Under this arrangement, the parliament provides representation to the
 nation’s many groups.
● This is particularly significant for a nation like India.
● The system is flexible because it is simple to replace the PM when
necessary. Winston Churchill succeeded Neville Chamberlain as Prime
Minister of Great Britain during the Second World War. This is in contrast
to the presidential system, where a president can only be removed if
impeached or after serving the term.
Reasons for adopting the parliamentary system in India
● The constitution’s drafters correctly chose the parliamentary model.
The causes of it are found in both India’s socio-political system and its
political legacy from colonial times. The following are the causes of this:
● India had considerable experience with the parliamentary system prior
to the constitution’s drafting thanks to the Government of India Acts of
1919 and 1935. Indians were therefore aware of it.
● This event also demonstrated that the people’s representatives can
effectively control the executives.
● The constitution’s authors intended for the government to be
answerable to and responsive to the needs of the people.
● Because the presidential system provides the president tremendous
power and allows him to function independently of the legislature, its
creators were hesitant to adopt it.
● The personality cult of the president is another weakness of the
presidential system.
● The authors of the constitution aimed to avoid the possibility of a
personality cult by creating a strong executive branch with robust checks
and balances.
● There are various processes in the parliamentary system that increase
the executive’s accountability to and control over the representatives of
the people.
● Therefore, a parliamentary system was approved by the constitution of
India.
Federal System
Federalism is a system of government in which powers have been
divided between the centre and its constituent parts such as states or
provinces. It is an institutional mechanism to accommodate two sets of
politics, one at the central or national level and the second at the regional
or provincial level.
Classification of Federalism 
Federalism can be divided into the following categories:-
Dual Federalism
In this kind of federalism, the national government and the state
governments can exist with distinct powers to operate independently
from each other. This demonstrates that certain responsibilities and
decision-making freedoms are bestowed upon the federal government,
 such as managing foreign affairs, national defence, and trade. Meanwhile,
states with sovereign power have more authority over other areas of the
state’s internal matters, such as education, licensing, and public policy. 
Cooperative Federalism 
Cooperative federalism refers to a system where the federal government
and state governments cooperate and work together towards achieving
common goals. This approach allows for greater flexibility and
innovation at the state level while still working towards overarching
national objectives.
Holding Together Federalism 
Holding Together Federalism is a political system in which a group of
federal states come together to form a single federal entity. In that case,
each member of the federation retains a significant degree of autonomy
and authority. It aims to maintain units while maintaining diversity and is
characterised by centralised power or decentralised governance. For
example, India, Spain and Belgium have ‘holding together federalism’ in
their political system.
New Federalism
In this concept of New federalism, it is possible to identify the concept
that focuses on the decentralisation of powers of the federal government
and the states and municipalities. It enhances a culture of devolution that
supports the policymaking of a state instead of the federal government.
The main proponents of this approach show that the results are more
responsive in this governance since solutions to any issue can be made
from the level closest to the people.
Features of the Federal System of India
1. Dual government polity
2. Division of powers between various levels
3. Rigidity of constitution
4. Independence judiciary
5. Bicameralism

Federalism in India :

India is a federal system but with more tilt towards a unitary system of
government. It is sometimes considered a quasi-federal system as it has
features of both a federal and a unitary system. Article 1 of the Indian
Constitution states, ‘India, that is Bharat, shall be a union of states’. The word
federation is not mentioned in the constitution.

Elements of federalism were introduced into modern India by the Government

of India Act of 1919 which separated powers between the centre and the
provincial legislatures.
 Federal Features of the Indian Union
● Governments at two levels – centre and states
● Division of powers between the centre and states – there are three lists
given in the Seventh Schedule of the Constitution which gives the
subjects each level has jurisdiction in:
o Union List
o State List
o Concurrent List
● Supremacy of the constitution – the basic structure of the
constitution is indestructible as laid out by the judiciary. The constitution
is the supreme law in India.
● Independent judiciary – the constitution provides for an independent
and integrated judiciary. The lower and district courts are at the bottom
levels, the high courts are at the state levels and at the topmost position
is the Supreme Court of India. All courts are subordinate to the Supreme
Court.
Significance of federalism in India
Federalism in India is immensely required for the distribution of power
between the central and the state governments. It seeks to uphold the
unitary features while maintaining diversity and fostering the heritage of
India.
● It allows different states of India to maintain their distinct identities and
manage their local affairs according to their cultural, social, and linguistic
variations. 
● Different states have varying levels of development, resources, and
economic conditions. So, it enables targeted development initiatives,
promotes competitive federalism, and encourages states to innovate
and attract investments.
● The 73rd and 74th constitutional amendments have strengthened the
federal structure by empowering local self-governments in rural and
urban areas, respectively. 
● It provides a framework for resolving conflicts between the central and
the state governments as well as among states. The Supreme Court
plays a crucial role in adjudicating disputes between centres and states
and maintaining the federal balance.
Central State Relations
Central State Relation - Legislative, Administrative and Financial

Centre State Relations

The Constitution of India provides a dual polity with a clear division of
powers between the Union and the States, each being supreme within the
sphere allotted to it. The Indian federation is not the result of an
agreement between independent units, and the units of Indian federation
cannot leave the federation.

Thus the constitution contains elaborate provisions to regulate the

various dimensions of the relations between the centre and the states.

The relations between centre and state are divides as:

1. Legislative relations
2. Administrative relations
3. Financial relations

1. Centre State Legislative Relations

Articles 245 to 255 in Part XI of the Constitution deal with the legislative
relations between the Centre and the State.

Extent of laws made by Parliament and by the Legislatures of States.

The Parliament can make laws for the whole or any part of the territory of
India. Territory of India includes the states, UTs and any other area for the
time being included in the territory of India. Whereas, the state legislature
can make laws for whole or any part of state.

The Parliament can alone make ‘extra territorial legislation’ thus the laws
of the Parliament are applicable to the Indian citizens and their property
in any part of the world.

Subject-matter of laws made by Parliament and by the Legislation of

States

The Constitution divides legislative authority between the Union and the
States in three lists- the Union List, the State List and the Concurrent List.
The Union list consists of 99 items. The Union Parliament has exclusive
authority to frame laws on subjects enumerated in the list. These include
foreign affairs, defence, armed forces, communications, posts and
telegraph, foreign trade etc.

The State list consists of 61 subjects on which ordinarily the States alone
can make laws. These include public order, police, administration of
justice, prison, local governments, agriculture etc.

The Concurrent list comprises of 52 items including criminal and civil

procedure, marriage and divorce, economic and special planning trade
unions, electricity, newspapers, books, education, population control and
family planning etc. Both the Parliament and the State legislatures can
make laws on subjects given in the Concurrent list, but the Centre has a
prior and supreme claim to legislate on current subjects. In case of
conflict between the law of the State and Union law on a subject in the
Concurrent list, the law of the Parliament prevails.

Residuary powers of legislation

The constitution also vests the residuary powers (subjects not
enumerated in any of the three Lists) with the Union Parliament. The
residuary powers have been granted to the Union contrary to the
convention in other federations of the world, where the residuary powers
are given to the States. However, in case of any conflict, whether a
particular matter falls under the residuary power or not is to be decided
by the court.

Parliament’s Power to Legislate on State List

Though under ordinary circumstances the Central Government does not

possess power to legislate on subjects enumerated in the State List, but
under certain special conditions the Union Parliament can make laws
even on these subjects.
a) In the National Interest (Art.249)
If the Rajya Sabha declares by a resolution supported by not less than
2/3 of its members present and voting, that it is necessary or expedient
in the national interest that the Parliament should make laws with
respect to any matter enumerated in the State List (Art.249). After such a
resolution is passed, Parliament can make laws for the whole or any part
of the territory of India. Such a resolution remains in force for a period of
1 year and can be further extended by one year by means of a
subsequent resolution.
b) Under Proclamation of National Emergency (Art.250)
Parliament can legislate on the subjects mentioned in the State List when
the Proclamation of National Emergency is in operation. However, the
laws made by the Parliament under this provision shall cease to have
effect on the expiration of a period of six months after the Proclamation
has ceased to operate, except as respects things done or omitted to be
done before the expiry of the said period.
c) By Agreement between States (Art. 252)
The Parliament can also legislate on a State subject if the legislatures of
two or more states resolve that it is lawful of Parliament to make laws
with respect to any matter enumerated in the State List relating to those
State. Thereafter, any act passed by the Parliament shall apply to such
states and to any other state which passes such a resolution. The
Parliament also reserves the right to amend or repeal any such act.
d) To Implement Treaties (Art. 253)
The Parliament can make law for the whole or any part of the territory of
India for implementing any treaty, international agreement or convention
with any other country or countries or any decision made at any
international conference, association or other body. Any law passed by
the Parliament for this purpose cannot be invalidated on the ground that
it relates to the subject mentioned in the State list.
e) Under Proclamation of President’s Rule (Art.356)
The President can also authorize the Parliament to exercise the powers
of the State legislature during the Proclamation of President’s Rule due
to breakdown of constitutional machinery in a state. But all such laws
passed by the Parliament cease to operate six months after the
Proclamation of President’s Rule comes to an end.

Center's control over State Legislation

The Constitution empowers the centre to exercise control over the
state’s legislature in following ways:
1. The governor can reserve certain types of bills passed by the state
legislature for the consideration of the President. The President enjoys
absolute veto over them.
2. Bills on certain matters enumerated in the State List can be introduced
in the state legislature only with the previous sanction of the President as
imposing restrictions on freedom of trade and commerce.
3. The President can direct the states to reserve money bills and other
financial bills passed by the state legislature for his consideration during
a financial emergency.

Centre State Relations During Normal Ties

1. Executive Powers of State be exercised in compliance with Union
Laws: Article 256 lays down that the executive power of every State shall
be so exercised as to ensure compliance with the laws made by
Parliament and any existing laws which apply in that State, and the
executive power of the Union shall extend to the giving of such directions
to a state as may appear to the Government of India to be necessary for
that purpose.

2. Executive Powers of State not to interfere with Executive Power of

Union: Article 257 of the Constitution provides that the executive power
of every state shall be so exercised as not to impede or prejudice the
exercise of the executive power of the Union, and the executive power of
the Union shall extend to giving of such directions to a state as may
appear to the Government of India to be necessary for that purpose. In
short, the Union Government can issue directions to the state
Government even with regard to the subjects enumerated in the state list.
3. Maintain means of communication of National or Military importance:
The Union Government can give directions to the state with regard to
construction and maintenance of the means of communication declared
to be of national or military importance.

4. Protection of the Railways: Union can issue State Governments

necessary directions regarding the measures to be taken for the
protection of the railways within the jurisdiction of the State. It may be
noted that the expenses incurred by the State Governments for the
discharge of these functions have to be reimbursed by the Union
Government.

5. To ensure welfare of Scheduled Tribes in the States: Union can direct

the State Governments to ensure execution of schemes essential for the
welfare of the Scheduled Tribes in the States.

6. To secure instruction in the mother-tongue at the primary stage of

education: Union can direct the State Governments to secure the
provision of adequate facilities for instruction in the mother-tongue at
the primary stage of education to children belonging to linguistic
minority groups.

7. To ensure development of the Hindi language: Union can direct the

State Governments to ensure the development of the Hindi language.

8. To ensure government of a State is carried on in accordance with the

provision of the Constitution: Union can direct the State Governments to
ensure that the government of a State is carried on in accordance with
the provision of the Constitution. If any State failed to comply with any
directions given by the Union in exercise of its executive power, then
President may hold that, a situation has arisen in which the Government
of the State cannot be carried on in accordance with the provisions of the
Constitution. Thus he may proclaim President’s Rule in that State.

9. Delegation of Union’s function to State: The President of India can

entrust to the officers of the State certain functions of the Union
Government. However, before doing so the President has to take the
consent of the state Government. But the Parliament can enact law
authorizing the Central Government to delegate its function to the State
Governments or its officers irrespective of the consent of such State
Government. On the other hand, a State may confer administrative
functions upon the Union, with the consent of the Union only.
10. Appointment of High Dignitaries: Union has major say in appointment
and removal of Governor and appointment of Judges of High Court and
Members of State Public Service Commission.

11. All India Services: The presence of the All India Services - the Indian
Administrative Services, Indian police Services - further accords a
predominant position to the Union Government. The members of these
services are recruited and appointment by the Union Public Service
Commission. The members of these services are posted on key posts in
the states, but remain loyal to the Union Government.

12. Union to adjudicate Inter-State River Water Dispute: The Parliament

has been vested with power to adjudicate any dispute or complaint with
respect to the use, distribution or control of the waters of, or in any inter-
state river or river-valley. In this regard, the Parliament also reserves the
right to exclude such disputes from the jurisdiction of the Supreme Court
or other Courts.
Centre State Relations During Emergencies
1. Under President’s Rule: The State Governments cannot ignore the
directions of the Union Government, otherwise the President can take the
action against the Government of the State stating that the
administration cannot be carried on the accordance with the provisions
of the Constitution and thus can impose President's rule on the State. In
such an eventuality the President shall assume to himself all or any of the
functions of the state Government.

2. Under Proclamation of National Emergency: During a Proclamation of

National Emergency, the power of the Union to give directions extends to
the giving of directions as to the manner in with the executive power of
the State is to be exercised relating to any matter.

3. Under Proclamation of Financial Emergency: During a Proclamation of

Financial Emergency, Union can direct the State Governments to observe
certain canons of financial propriety and to reduce the salaries and
allowances of all or any class of person serving in connection with the
affairs of the Union including the Judges of the Supreme Court and High
Courts. Union also requires all Money Bills or Financial Bills to be
reserved for the consideration of the President after they are passed by
the Legislature of the State.

It is thus, evident that in the administrative sphere the States cannot act
in complete isolation and have to work under the directions and in
cooperation with the Center.
3. Centre State Financial Relations:
Indian Constitution has made elaborate provisions, relating to the
distribution of the taxes as well as non-tax revenues and the power of
borrowing, supplemented by provisions for grants-in-aid by the Union to
the States.

Article 268 to 293 deals with the provisions of financial relations

between Centre and States.

The Constitution divides the taxing powers between the Centre and the
states as follows:

The Parliament has exclusive power to levy taxes on subjects

enumerated in the Union List, the state legislature has exclusive power to
levy taxes on subjects enumerated in the State List, both can levy taxes
on the subjects enumerated in Concurrent List whereas residuary power
of taxation lies with Parliament only.

Distribution of the tax-revenue

1. Duties Levied by the Union but Collected and Appropriated by the
States: Stamp duties on bills of Exchange, etc., and Excise duties on
medical and toilet preparations containing alcohol. These taxes don’t
form the part of the Consolidated Fund of India, but are assigned to that
state only.

2. Service Tax are Levied by the Centre but Collected and Appropriated by
the Centre and the States.

3. Taxes Levied as Well as Collected by the Union, but Assigned to the

States: These include taxes on the sale and purchase of goods in the
course of inter-state trade or commerce or the taxes on the consignment
of goods in the course of inter-state trade or commerce.

4. Taxes Levied and Collected by the Union and Distributed between

Union and the States: Certain taxes shall be levied as well as collected by
the Union, but their proceeds shall be divided between the Union and the
States in a certain proportion, in order to effect on equitable division of
the financial resources. This category includes all taxes referred in Union
List except the duties and taxes referred to in Article 268, 268-A and 269;
surcharge on taxes and duties mentioned in Article 271 or any Cess
levied for specific purposes.

5. Surcharge on certain duties and taxes for purposes of the Union:

Parliament may at any time increase any of the duties or taxes referred in
those articles by a surcharge for purposes of the Union and the whole
proceeds of any such surcharge shall form part the Consolidated Fund of
India.

Grants-in-Aid
Besides sharing of taxes between the Center and the States, the
Constitution provides for Grants-in-aid to the States from the Central
resources.

There are two types of grants:-

1. Statutory Grants: These grants are given by the Parliament out of the
Consolidated Fund of India to such States which are in need of
assistance. Different States may be granted different sums. Specific
grants are also given to promote the welfare of scheduled tribes in a
state or to raise the level of administration of the Scheduled areas therein
(Art.275).

2. Discretionary Grants: Center provides certain grants to the states on

the recommendations of the Planning Commission which are at the
discretion of the Union Government. These are given to help the state
financially to fulfill plan targets (Art.282).

Effects of Emergency on Center-State Financial Relations:-

1. During National Emergency: The President by order can direct that all
provisions regarding division of taxes between Union and States and
grants-in-aids remain suspended. However, such suspension shall not go
beyond the expiration of the financial year in which the Proclamation
ceases to operate.

2. During Financial Emergency: Union can give directions to the States:-

1. To observe such canons of financial propriety as specified in the

direction.

2. To reduce the salaries and allowances of all people serving in

connection with the affairs of the State, including High Courts judges.

3. To reserve for the consideration of the President all money and

financial Bills, after they are passed by the Legislature of the State.

Finance Commission
Although the Constitution has made an effort to allocate every possible
source of revenue either to the Union or the States, but this allocation is
quite broad based. For the purpose of allocation of certain sources of
revenue, between the Union and the State Governments, the Constitution
provides for the establishment of a Finance Commission under Article
280. According to the Constitution, the President of India is authorized to
set up a Finance Commission every five years to make recommendation
regarding distribution of financial resources between the Union and the
States.

Constitution
Finance Commission is to be constituted by the President every 5 years.
The Chairman must be a person having ‘experience in public affairs’.
Other four members must be appointed from amongst the following:-
1. A High Court Judge or one qualified to be appointed as High Court
Judge;

2. A person having knowledge of the finances and accounts of the

Government;

3. A person having work experience in financial matters and

administration;

4. A person having special knowledge of economics.

Functions
The Finance Commission recommends to the President as to:-
1. The distribution between the Union and the States of the net proceeds
of taxes to be divided between them and the allocation between the
States of respective shares of such proceeds;

2. The principles which should govern the grants-in-aid of the revenue of

the States out of the Consolidated Fund of India;

3. The measures needed to augment the Consolidated Fund of a State to

supplement the resources of the Panchayats and Municipalities in the
State;

4. Any other matter referred to the Commission by the President in the

interest of sound finance
Union Executive – President, Prime Minister, Union Cabinet, Parliament -
LS and RS, Parliamentary Committees, Parliamentary Terminologies.
Supreme Court of India
The Union Executive: Articles 52 to 78 and 123 Under Indian Constitution
Union Executive
Union Executive provides supervision to the Indian Government and is
considered the most significant official Government branch concerning
 practice, while primacy belongs to the Legislature. The Indian
Parliament’s three members who make laws and oversee all
administrative tasks make up the Union Executive.
The ministries and the departments help to operate the administration
successfully along with Legislature and directorate. All executive
members’ responsibilities and qualifications are further discussed. The
union’s executive is made up of:
President
Vice-president
Prime Minister
Attorney General
Council of Ministers
Union Executive – President, Prime Minister, Union Cabinet, Parliament -
LS and RS, Parliamentary Committees, Parliamentary Terminologies.Supreme
Court of India, State Executives – Governor, Chief Minister, State Cabinet, State
Legislature, High Court and Subordinate Courts,

Union Executive President

President is the leader of the Union Executive and the state. The executive
powers are enacted in the President’s name, who uses his powers under the
leadership of the Ministers.
● Administrative Relations Between Union and State
● Functions and Responsibilities of the Union and States
Qualifications
The President should possess the following qualifications.
● Must be an Indian citizen.
● He must be of 35 years or more.
● His qualifications must be the same as that of Lok Sabha members.
Functions
● To call, postpone, or disband the Parliament.
● Nominate 9 Anglo-Indian members to Lok Sabha and appoint 12 Rajya
Sabha members.
● Approves UPSC and National Commission for Women members.
● He has the power to announce war or peace.
Vice-President of Union Executive
The Vice-President plays a significant role under Articles 63 and 65 by filling
the vacancy in the office of the President. He ought to be the Rajya Sabha ex-
chairman.
Functions:
● Vice-President holds power to work and function similarly to the
President in urgent circumstances, for instance, during his absence,
disease, resignation, or death. (As per Article 65)
● He has the authority to terminate the President’s duties when he is
unavailable or suffering from any disease (As per Article 65).
Prime Minister Under Indian Executive
The representatives of the Lok Sabha members choose the Prime minister of
India. He is the principal leader of the Government and the Council of Ministers.
The Prime Minister has the authority to advise the President on matters.
Qualifications
● He must be 30 years old if he is a member of the Rajya Sabha and 25
years old if he belongs to the Lok Sabha.
● He may be a member of any of the two Parliament houses and must be
the head of the political party.
Functions
● He acts as a connection between the Parliament and the President.
● He owns the authority to dissolve the Lok Sabha during his tenure of 5
years.
● He advises the President to select the heads of judges, constitutional
bodies, the Chief of Navy, commissions, governors, and more.

Council of Ministers – Part of Union Executive

The Council of Ministers of the Union Executive is defined as the constitutional
body of the Parliament under Article 74. The council comprises 60 – 70
ministers, including Deputy Ministers, Cabinet Ministers, and State Ministers.
Qualifications
● The council of ministers should be a member of either of the two
houses.
● If a Parliament member gets disqualified based on disloyalty, he would
not be eligible to become a minister.
Functions
● The Council of Ministers is collaboratively responsible to the Lok Sabha
House.
● These ministers and the Prime Minister assist and counsel the
President in exercising his operations.

Attorney General
The President appoints the Attorney General after taking suggestions from the
Union Cabinet, and they majorly serve under the control of the President. The
General of Attorney instructs the Indian Government on lawful issues and
expresses it in the Supreme Court.
Qualifications
● He should be an individual who has qualified to be appointed a Supreme
Court judge.
● His tenure is not specified by the Constitution and may discontinue
after the resignation of the President.
Functions
● He has the right to have an audience in any court of India.
 ● Attorney General obtains all the legislative concessions available to
Parliament members.
● He has the dominance to participate in the proceedings of Parliament
houses.

Parliament - LS and RS, Parliamentary Committees, Parliamentary

Terminologies.Supreme Court of India, State Executives – Governor, Chief
Minister, State Cabinet, State Legislature, High Court and Subordinate Courts.

Indian Parliament:

The Parliament of India is the supreme legislative body of the Republic of India.
It is a bicameral legislature composed of the Rajya Sabha (Council of States)
and the Lok Sabha (House of the People). The President of India, in their role as
head of the legislature, has full powers to summon and prorogue either house
of Parliament or to dissolve the Lok Sabha, but they can exercise these powers
only upon the advice of the Prime Minister and their Union Council of Ministers.

Parliament House

Old premises (Samvidhan Sadan)

The Old Parliament House (Samvidhan Sadan) is located in New Delhi. It was
designed by Edwin Lutyens and Herbert Baker, who were made responsible for
the planning and construction of New Delhi by the British government, as the
home of the Central Legislative Assembly, the Council of State, and
the Chamber of Princes.

It is a place of historical importance. The Indian Constitution was framed in the

Central Hall. The Central Hall was originally used in the library of the erstwhile
Central Legislative Assembly and the Council of States.

New premises (Sansad Bhavan)

A new parliament building was inaugurated on 28 May 2023.[11] The old

building, an 85-year-old structure suffers from inadequacy of space to house
members and their staff and is thought to suffer from structural issues. The
building also needs to be protected because of its heritage tag.[12][13] The
new building, with a built-up area of approximately 65,000 sq m and a
distinctive triangular shape, optimally utilizes space. It houses an expanded
Lok Sabha hall, accommodating up to 888 seats, and a larger Rajya Sabha hall,
accommodating up to 384 seats, with the Lok Sabha capable of
accommodating up to 1,272 seats for joint sessions of Parliament.
Composition :
Lok Sabha

The Lok Sabha (House of the People) or the lower house has 543 members.
Members are directly elected by citizens of India on the basis of universal adult
franchise representing parliamentary constituencies across the country.
Between 1952 and 2020, two additional members of the Anglo-
Indian community were also nominated by the president of India on the advice
of the Indian government, which was abolished in January 2020 by the 104th
Constitutional Amendment Act, 2019

Rajya Sabha

The Rajya Sabha (Council of States) or the Upper House is a permanent body
not subject to dissolution. One-third of the members retire every second year
and are replaced by newly elected members. Each member is elected for a
term of six years.[21] Its members are indirectly elected by elected members
of legislative assembly of the states. The Rajya Sabha can have a maximum of
250 members. It currently has a sanctioned strength of 245 members, of
which 233 are elected from states, and union territories and 12
are nominated by the president. 

Powers
As the primary institution responsible for lawmaking, the Indian Parliament
possesses a wide array of powers that form the backbone of the country's
democratic governance.

Legislative Powers:
1. Enacting Laws: The Parliament is vested with the authority to make
laws on subjects enumerated in the Union List and Concurrent List under
the Constitution of India. Bills can be introduced in either house, and upon
approval, they become laws after receiving the President's assent
2. Amending the Constitution: The Parliament can amend the Constitution
with the support of a special majority, allowing for modifications to
accommodate changing societal needs and aspirations.
Residuary Powers: The Parliament holds exclusive authority over matters
not covered by the Union or State Lists, known as residuary powers.

Financial Powers:
Formulation and Approval of the Union Budget: The Parliament plays a
vital role in the development and endorsement of the Union Budget. It
carefully examines the government's proposals for revenue generation
 and expenditure, provides suggestions for modifications if necessary,
and ultimately grants or withholds financial allocations accordingly.
Taxation: Parliament has the power to levy and collect taxes, including
income tax, customs and excise duties, and goods and services tax (GST).
Control over Public Expenditure: The Parliament scrutinizes government
expenditure through debates and discussions on budgetary allocations,
ensuring accountability and transparency.
Executive Powers:
Council of Ministers: The Parliament exercises executive powers
indirectly through its control over the Council of Ministers. The
government is collectively responsible to the Parliament, and its policies
and actions are subject to parliamentary scrutiny.
Vote of No Confidence: The Parliament can remove the government from
power through a vote of no confidence. If the government fails to enjoy
the majority's support (in Lok Sabha), it must resign.
Questions and Motions: Members of Parliament have the right to raise
questions, seek clarifications, and move motions regarding the
functioning of the government and its policies.[25]
Oversight Powers:
1. Question Hour: Members of Parliament can ask questions of
ministers during the Question Hour, seeking clarifications on matters
of public interest.
2. Committees: The Parliament appoints various committees, such as
the Public Accounts Committee (PAC), the Estimates Committee, and
the Committee on Public Undertakings, to oversee and examine
government policies, programs, and their implementation.
3. Impeachment Power: The Parliament has the authority to initiate
impeachment proceedings against the President, Vice President, and
Judges of the Supreme Court and High Courts for the violation of the
Constitution.

Functions of Parliamentary Assembly

Legislative functions
Legislative proposals are brought before either house of the Parliament in the
form of a bill. A bill is the draft of a legislative proposal, which, when passed by
both houses of Parliament and assented to by the president, becomes an act
of Parliament. Money bills must originate in the Lok Sabha. The Council of
States can only make recommendations over the bills to the House, within a
period of fourteen days.
Parliamentary committees
Parliamentary committees are formed to deliberate specific matters at length.
The public is directly or indirectly associated and studies are conducted to help
committees arrive at the conclusions. Parliamentary committees are of two
kinds: standing committees and ad hoc committees.

Standing committees are permanent committees constituted from time to

time in pursuance of the provisions of an act of Parliament or rules of
procedure and conduct of business in Parliament. The work of these
committees is of a continuing nature. Ad hoc committees are appointed for a
specific purpose and they cease to exist when they finish the task assigned to
them and submit a report.

Privileges :

Parliamentary privileges play a crucial role in safeguarding the functioning of

the Indian Parliament and upholding its authority as the primary legislative
body in the country. These privileges grant certain rights and immunize
Members of Parliament, enabling them to perform their duties effectively,
express their views freely, and ensure democratic accountability.

● Freedom of Speech: One of the most fundamental parliamentary privileges

is the freedom of speech and expression granted to Members of
Parliament. This privilege allows legislators to articulate their opinions and
viewpoints without fear of legal consequences or outside interference. By
protecting freedom of speech, parliamentary privileges ensure that
parliamentarians can openly debate, discuss, and criticize government
policies and actions, thus contributing to robust decision-making and
democratic governance.
● Immunity from Legal Action: Parliamentary privileges grant lawmakers
immunity from civil and criminal proceedings for any statements made or
actions performed within the Parliament or its committees. This immunity
allows Members of Parliament to express their opinions and engage in
debates without the fear of legal repercussions. By safeguarding
parliamentarians from external legal actions, these privileges facilitate open
and uninhibited discussions, fostering an environment conducive to the free
exchange of ideas.
● Access to Information: Parliamentary privileges also encompass the right
to access information necessary for effective legislation and oversight.
Members of Parliament have the authority to seek information from
government officials, ministries, and public authorities to gather facts,
scrutinize policies, and hold the government accountable. This privilege
enables parliamentarians to obtain critical data, documents, and reports to
make informed decisions and represent the interests of their constituents
effectively.
● Control over Internal Affairs: Parliamentary privileges grant the legislature
the power to regulate its internal affairs, proceedings, and discipline. The
Speaker of the Lok Sabha and the Chairman of the Rajya Sabha exercise
these privileges to maintain decorum, ensure orderly debates, and enforce
rules of procedure. This control over internal affairs allows the Indian
Parliament to function independently, protect its integrity, and maintain its
authority as a legislative body.
● Protection from Arrest: Parliamentary privileges provide Members of
Parliament with protection from arrest in civil cases during the session of
Parliament, allowing them to discharge their legislative responsibilities
without hindrance. This privilege ensures that lawmakers can attend
parliamentary sessions, participate in debates, and fulfill their duties without
the threat of detention or interference.

Code of conduct

To uphold the principles of transparency, accountability, and ethical conduct,

the Indian Parliament focuses on some of the key behavioral aspects for
parliamentarians.

● To maintain transparency:
1. Parliamentarians should disclose their financial interests, including
assets, investments, and sources of income, to ensure transparency and
prevent conflicts of interest.
2. Detailed records of parliamentary proceedings, including debates,
voting records, and committee activities, should be made readily
available to the public for scrutiny and accountability.
● Conflict of Interest:
1. Parliamentarians should avoid conflicts of interest and recuse
themselves from discussions or decisions that may directly or
indirectly benefit them, their family members, or their associates.
2. A clear definition of conflicts of interest and guidelines for
disclosure and recusal are outlined to maintain the integrity of the
legislative process.
● Respectful Discourse:
3. Parliamentarians should engage in respectful and constructive
debates, adhering to decorum and avoiding personal attacks or
derogatory language.
4. Speeches and interactions should be focused on the issues at hand,
fostering a culture of healthy deliberation and informed decision-
making.
● Attendance and Participation:
1. Parliamentarians should demonstrate a high level of commitment
 to their duties by attending sessions regularly and actively participating in
debates, voting, and committee work.
2. Guidelines are established to ensure that absenteeism is minimal,
and absence without valid reasons is addressed appropriately.
● Use of Parliamentary Privileges:
5. Parliamentarians should exercise their parliamentary privileges
responsibly, recognizing that they are not immune to legal and ethical
obligations outside the Parliament.
6. Misuse of privileges, such as obstructing justice or engaging in
corrupt practices, are strictly prohibited and subjected to legal
consequences.
● Accountability:
7. Parliamentarians are accountable to the public they represent,
regularly communicating with constituents, listening to their concerns,
and addressing their grievances.
8. A mechanism for public redressal and feedback are established to
hold parliamentarians accountable for their actions and decisions.
● Prohibition of Corruption:
9. Parliamentarians should be bound by stringent anti-corruption
measures, including the declaration of assets, income, and liabilities,
and strict adherence to existing anti-corruption laws.
10. Strong penalties and disciplinary action should be imposed for any
proven instances of corruption or unethical behavior, reinforcing a
culture of integrity and zero tolerance for malpractice.
In 2022, the Lok Sabha secretariat released a booklet listing out
unparliamentary words and expressions before the start of the Monsoon
session on 18 July 2022. The banned words if used during debates or
otherwise in both the houses would be expunged from the records of the
parliament.

Lok Sabha:

The Lok Sabha, also known as the House of the People, is the lower
house of India's bicameral Parliament, with the upper house being the Rajya
Sabha. Members of the Lok Sabha are elected by an adult universal
suffrage and a first-past-the-post system to represent their
respective constituencies, and they hold their seats for five years or until the
body is dissolved by the President on the advice of the council of ministers.
The house meets in the Lok Sabha Chambers of the Parliament House, New
Delhi.

The maximum membership of the House allotted by the Constitution of India is

552 (Initially, in 1950, it was 500.) Currently, the house has 543 seats which are
filled by the election of up to 543 elected members. Between 1952 and
2020, two additional members of the Anglo-Indian community were also
nominated by the President of India on the advice of the Government of India,
which was abolished in January 2020 by the 104th Constitutional Amendment
Act, 2019.The new parliament has a seating capacity of 888 for Lok Sabha.

Formation of Lok Sabha :

Commenced
Lok Sabha Date Prime Minister Deputy Prime Minister

First 13 May 1952

Second April 1957 Jawaharlal Nehru

Jawaharlal Nehru, Lal Vacant

Third April 1962 Bahadur
Shastri and Indira Gandhi
Fourth March 1967 Moraji Desai (till 1969)
Fifth March 1971 Indira Gandhi Vacant
Charan Singh, Jagjivan
Morarji Ram and Yashwantrao
Sixth March 1977
Desai and Charan Singh Chavan
Indira Gandhi and Rajiv
Seventh January 1980 Gandhi

December Vacant
Eighth 1984 Rajiv Gandhi

December V. P. Singh and Chandra

Ninth 1989 Shekhar Devi Lal

Tenth June 1991 P. V. Narasimha Rao

Atal Bihari Vajpayee, H.
Eleventh May 1996 D. Deve Gowda and I. K. Vacant
Gujral
Twelfth March 1998
Thirteenth October 1999 Atal Bihari Vajpayee Lal Krishna Advani
Fourteenth May 2004
Fifteenth May 2009 Manmohan Singh

Sixteenth May 2014 Vacant

Seventeent Narendra Modi
h May 2019
Eighteenth June 2024

Article 84 (under Part V. – The Union) of Indian Constitution sets qualifications

for being a member of Lok Sabha, which are as follows:

1. They should be a citizen of India, and must subscribe before

the Election Commission of India, an oath or affirmation according to the
form set out for the purpose in the Third Schedule of the Indian
Constitution.
2. They should not be less than 25 years of age.
3. They possess other such qualifications as may be prescribed in that
behalf by or under any law made by the Parliament.
4. They should not be proclaimed criminal i.e. they should not be a convict,
a confirmed debtor or otherwise disqualified by law; and
5. They should have their name in the electoral rolls in any part of the
country.
However, a member can be disqualified from being a member of Parliament:

1. If they hold the office of profit;

2. If they are of unsound mind and stand so declared by a competent court
3. If they are an undischarged insolvent;
4. If they are not a citizen of India, or have voluntarily acquired the
citizenship of a foreign State, or are under any acknowledgement of
allegiance or adherence to a foreign State;
5. If they are violating party discipline (as per the Tenth Schedule of the
constitution); disqualified under Representation of People Act.
A seat in the Lok Sabha will become vacant in the following circumstances
(during the normal functioning of the House):

1. When the holder of the seat, by writing to the speaker, resigns.

2. When the holder of the seat is absent from 60 consecutive days of
proceedings of the House, without prior permission of the Speaker.
3. When the holder of the seat is subject to any disqualifications
mentioned in the Constitution or any law enacted by Parliament.
4. A seat may also be vacated when the holder stands disqualified under
the 'Anti-Defection Law'.
Furthermore, as per article 101 (Part V—The Union) of the Indian Constitution, a
person cannot be:

1. A member of both Houses of Parliament and provision shall be made

by Parliament by law for the vacation by a person who is chosen a
member of both Houses of his seat in one House or the other.
2. A member both of Parliament and of a House of the Legislature of a
 State.
System of elections in Lok Sabha
Members of the Lok Sabha are directly elected by the people of India, based
on universal suffrage. Elections are by the people directly to the Lok Sabha and
each state is divided into territorial constituencies under two provisions of the
Constitution:

1. Each state is allotted several seats in the Lok Sabha in such a manner
that the ratio between that number and its population was as close to
uniform as possible. This provision does not apply to states having a
population of less than 6 million. The number of seats per state has been
frozen under the constitutional amendment of 1976.
2. Each state is divided into territorial constituencies in such a manner
that the ratio between the population of each constituency and the
number of seats allotted to it (in each case, one) remain the same
throughout the state. This principle is upheld by the boundary reviews
mentioned above.

Powers

The Lok Sabha has certain powers that make it more powerful than the Rajya
Sabha.

● Motions of no confidence against the government can be introduced and

passed in the Lok Sabha. If passed by a majority vote, the Prime
Minister and the Council of Ministers resign collectively. The Rajya Sabha
has no power over such a motion and hence has no real power over the
executive. This is because the Constitution of India has only made the Union
Council of ministers responsible to the Lok Sabha, not to the Rajya Sabha.
● Money bills can only be introduced in the Lok Sabha, and upon being
passed, are sent to the Rajya Sabha, where it can be deliberated on for up to
14 days. If not rejected by the Rajya Sabha, or 14 days lapse from the
introduction of the bill in the Rajya Sabha without any action by the House, or
recommendations made by the Rajya Sabha are not accepted by the Lok
Sabha, the bill is considered passed. The budget is presented in the Lok
Sabha by the Finance Minister in the name of the President of India.
● In matters about non-financial (ordinary) bills, after the bill has been passed
by the House where it was originally tabled (Lok Sabha or Rajya Sabha), it is
sent to the other house, where it may be kept for a maximum period of 6
months. If the other House rejects the bill or a period of 6 months elapses
without any action by that House, or the House that originally tabled the bill
does not accept the recommendations made by the members of the other
house, it results in a deadlock. This is resolved by a joint session of both
Houses, presided over by the speaker of the Lok Sabha and decided by
a simple majority. Though the Constitution has placed both houses on the
same footing in this regard, in reality, it is the Lok Sabha's opinions that
mostly prevail—due to its bigger numerical strength.
● Equal Powers with the Rajya Sabha in initiating and passing any Bill for
Constitutional Amendment (by a majority of the total membership of the
House and at least two-thirds majority of the members present and voting).
● Equal Powers with the Rajya Sabha in initiating and passing a motion for
the impeachment of the President (by two-thirds of the membership of the
House).
● Equal Powers with the Rajya Sabha in the impeachment process (initiating
and passing a motion for the removal) of the judges of the Supreme Court
and the state High Courts (by a majority of the membership of the House
and at least two-thirds majority of the members present and voting), who
then can be removed by the President of India.
● Equal Powers with the Rajya Sabha in initiating and passing a resolution
declaring war or national emergency (by two-thirds majority) or
constitutional emergency (by simple majority) in a state.
● If the Lok Sabha is dissolved before or after the declaration of a National
Emergency, the Rajya Sabha becomes the sole Parliament. It cannot be
dissolved. This is a limitation on the Lok Sabha. But there is a possibility
that the president can exceed the term to not more than 1 year under the
proclamation of emergency and the same would be lowered down to six-
month if the said proclamation ceases to operate.
In conclusion, the Lok Sabha is more powerful than the Rajya Sabha in almost
all matters. Even in those matters in which the Constitution has placed both
Houses on an equal footing, the Lok Sabha has more influence due to its
greater numerical strength. This is typical of parliamentary democracies, many
of which have a lower house that is more powerful than the upper.

Procedure in the House

The Rules of Procedure and Conduct of Business in Lok Sabha and Directions
issued by the Speaker from time to time there under regulate the procedure in
Lok Sabha. The items of business, a notice of which is received from the
Ministers/ Private Members and admitted by the Speaker, are included in the
daily List of Business which is printed and circulated to members in advance.

Sessions
The period during which the House meets to conduct its business is called a
session. The Constitution empowers the President to summon each House at
such intervals that there should not be more than a six-month gap between the
two sessions. Hence the Parliament must meet at least twice a year. But, three
sessions of Lok Sabha are held in a year:

● Budget session: February to May.

● Monsoon session: July to September.
● Winter session: November to mid-December.
When in session, Lok Sabha holds its sittings usually from 11 a.m. to 1 p.m.
and from 2 p.m. to 6 p.m. On some days the sittings are continuously held
without observing lunch break and are also extended beyond 6 p.m. depending
upon the business before the House. Lok Sabha does not ordinarily sit on
Saturdays and Sundays and other closed holidays.

Question Hour
The first hour of every sitting is called Question Hour. Asking questions in
Parliament is the free and unfettered right of members, and during Question
Hour they may ask questions of ministers on different aspects of
administration and government policy in the national and international spheres.
Every minister whose turn it is to answer questions has to stand up and answer
for his department's acts of omission or commission.

Questions are of three types—Starred, Unstarred, and Short Notice. A Starred

Question is one to which a member desires an oral answer in the House and
which is distinguished by an asterisk mark. An unstarred question is not called
for oral answer in the house and on which no supplementary questions can
consequently be asked. An answer to such a question is given in writing. A
minimum period of notice for starred/unstarred questions is 10 clear days. If
the questions given notice are admitted by the Speaker, they are listed and
printed for an answer on the dates allotted to the Ministries to which the
subject matter of the question pertains.

The normal period of notice does not apply to short-notice questions that
relate to matters of urgent public importance. However, a short-notice
question may be answered only on short notice if so permitted by the Speaker
and the Minister concerned is prepared to answer it at shorter notice. A short-
notice question is taken up for answer immediately after the Question Hour,
popularly known as Zero Hour.

Zero Hour
The time immediately following the Question Hour has come to be known as
"Zero Hour". It starts at around noon (hence the name) and members can, with
prior notice to the Speaker, raise issues of importance during this time.
Typically, discussions on important Bills, the Budget, and other issues of
national importance take place from 2 p.m. onwards.

Business after Question Hour

After the Question Hour, the House takes up miscellaneous items of work
before proceeding to the main business of the day. These may consist of one
or more of the following: Adjournment Motions, Questions involving breaches
of Privileges, Papers to be laid on the Table, Communication of any messages
from Rajya Sabha, Intimations regarding President's assent to Bills, Calling
Attention Notices, Matters under Rule 377, Presentation of Reports of
Parliamentary Committee, Presentation of Petitions, miscellaneous statements
by Ministers, Motions regarding elections to Committees, Bills to be withdrawn
or introduced.

Main business
The main business of the day may be consideration of a bill or financial
business or consideration of a resolution or a motion.

Legislative business
Legislative proposals in the form of a bill can be brought forward either by a
minister or by an individual member. In the former case, it is known as a
government bill and in the latter case, it is known as a private members' bill.
Every bill passes through three stages—each called readings—before it is
passed. To become law it must be passed by both the houses of Parliament,
the Lok Sabha and the Rajya Sabha, and then assented to by the president.

Financial business
The presentation, discussion of, and voting on the annual general and railways
budgets—followed by the passing of the appropriations Bill and the finance bill
—is a long, drawn-out process that takes up a major part of the time of the
House during its budget session every year.

Motions and resolutions

Among other kinds of business that come up before the House are resolutions
and motions. Resolutions and motions may be brought forward by the
government or by individual members. The government may move a resolution
or a motion for obtaining the sanction to a scheme or opinion of the house on
an important matter of policy or a grave situation. Similarly, an individual
member may move a resolution or motion to draw the attention of the house
and the government to a particular problem. The last two and half hours of
sitting every Friday are generally allotted for the transaction of individual
members' business. While private members' bills are taken up on one Friday,
private members' resolutions are taken up on the succeeding Friday, and so on.

Parliamentary committees
Most of the business of drafting a bill or amendments is initially discussed and
debated in the parliamentary committees. Since the time for legislation is
limited, the work of all departments of the government and any special focus
tasks are delegated to the committees, wherein the committees shall prepare
the initial draft of the bill/amendment for consideration by both the houses.
They consist of members of both houses.

There are primarily two kinds of parliamentary committees based on their

nature:-

● Parliament Standing Committees (PSC) – Permanent in nature,

reconstituted from time to time with every new election.
● Department based
● Others
● Ad hoc committees – Created for a specific purpose and ceases to exist
when that purpose is achieved.
Half-an-Hour discussion
A half-an-hour discussion can be raised on a matter of sufficient public
importance which has been the subject of a recent question in Lok Sabha
irrespective of the fact whether the question was answered orally or the
answer was laid on the Table of the House and the answer which needs
elucidation on a matter of fact. Normally not more than half an hour is allowed
for such a discussion. Usually, the half-an-hour discussion is listed on Mondays,
Wednesdays, and Fridays only. In one session, a member is allowed to raise not
more than two half-hour discussions. During the discussion, the member, who
has given notice, makes a short statement, and not more than four members,
who have intimated earlier and have secured one of the four places on the
ballot, are permitted to ask a question each for further elucidating any matter
of fact. Thereafter, the minister makes replies. There is no formal motion
before the house nor voting.

Discussion on matters of urgent public importance

Members may raise discussions on matters of urgent public importance with
the permission of the Speaker. Such discussions may take place two days a
week. No formal motion is moved in the House nor is there any voting on such
a discussion.

Debate in the House

After the member who initiates discussion on an item of business has spoken,
other members can speak on that item of business in such order as the
Speaker may call upon them. Only one member can speak at a time and all
speeches are directed to the chair. A matter requiring the decision of the
House is decided to employ a question put by the Speaker on a motion made
by a member.

Division
A division is one of the forms in which the decision of the House is ascertained.
Normally, when a motion is put to the House members for and against it
indicate their opinion by saying "Aye" or "No" from their seats. The chair goes by
the voices and declares that the motion is either accepted or rejected by the
House. If a member challenges the decision, the chair orders that the lobbies
be cleared. Then the division bell is rung and an entire network of bells installed
in the various parts and rooms in Parliament House and Parliament House
Annexe rings continuously for three and a half minutes. Members and Ministers
rush to the Chamber from all sides. After the bell stops, all the doors to the
Chamber are closed and nobody can enter or leave the Chamber till the division
is over. Then the chair puts the question for a second time and declares
whether in its opinion the "Ayes" or the "Noes", have it. If the opinion so declared
is again challenged, the chair asks the votes to be recorded by operating the
Automatic Vote Recording Equipment.

Automatic vote recording system

With the announcement of the Speaker for recording the votes, the Secretary-
General of the Lok Sabha presses the button of a keyboard. Then a gong
sounds, serving as a signal to members for casting their votes. To vote, each
member present in the chamber has to flip a switch and then operate one of
the three pushbuttons fixed in their seat. The push switch must be kept
pressed simultaneously until the gong sounds for the second time after 10
seconds. There are two indicator boards installed in the wall on either side of
the Speaker's chair in the chamber. Each vote cast by a member is flashed here.
Immediately after the votes are cast, they are totalled mechanically and the
details of the results are flashed on the result indicator boards installed in the
railings of the Speakers and diplomatic galleries.

Divisions are normally held with the aid of automatic vote recording equipment.
Where so directed by the Speaker in terms of the relevant provision in the Rules
of Procedure etc. In the Lok Sabha, divisions may be held either by the
distribution of 'Aye'/'No' and 'Abstention' slips to members in the House or by
the members recording their votes by going into the lobbies. There is an
indicator board in the machine room showing the name of each member. The
result of the division and vote cast by each member with the aid of automatic
vote recording equipment also appear on this board and immediately a
photograph of the indicator board is taken. Later the photograph is enlarged
and the names of members who voted 'Ayes' and for 'Noes' are determined
with the help of the photograph and incorporated in Lok Sabha debates.

Publication of debates
Three versions of Lok Sabha debates are prepared: the Hindi version, the
English version, and the original version. Only the Hindi and English versions are
printed. The original version, in cyclostyled form, is kept in the Parliament
Library for record and reference. The Hindi version contains proceedings (all
questions asked and answers are given thereto and speeches made) in Hindi
and verbatim Hindi translation of proceedings in English or regional languages.
The English version contains proceedings in English and the English translation
of the proceedings take place in Hindi or any regional language. The original
version, however, contains proceedings in Hindi or English as they actually took
place in the House and also the English/Hindi translation of speeches made in
regional languages.

If conflicting legislation is enacted by the two Houses, a joint sitting is held to

resolve the differences. In such a session, the members of the Lok Sabha
would generally prevail, since the Lok Sabha includes more than twice as many
members as the Rajya Sabha.

Officers of Lok Sabha

Speaker and Deputy Speaker
As per Article 93 of the Indian Constitution, the Lok Sabha has a Speaker and
a Deputy Speaker. In the Lok Sabha, both presiding officers — the Speaker and
the Deputy Speaker — are elected from among its members by a simple
majority of members present and voting in the House. No specific
qualifications are prescribed for being elected Speaker; the Constitution only
requires that Speaker should be a member of the House. But an understanding
of the Constitution and the laws of the country and the rules of procedure and
conventions of Parliament is considered a major asset for the holder of the
office of the Speaker. Vacation and resignation of, and removal from, the
offices of Speaker and Deputy Speaker are mentioned under Article 94 of the
Constitution of India. As per Article 94 of the Indian Constitution, a Speaker or a
Deputy Speaker should vacate their office, a) if they cease to be a member of
the House of the People, b) they resign, or c) is removed from office by a
resolution of the House passed by a majority.

The Speaker of Lok Sabha is both a member of the House and its Presiding
Officer. The Speaker conducts the business in the House. They decide whether
a bill is a money bill or not. They maintain discipline and decorum in the house
and can punish a member for their unruly behaviour by suspending them. They
permit the moving of various kinds of motions and resolutions like the motion
of no confidence, motion of adjournment, motion of censure and calling
attention notice as per the rules. The Speaker decides on the agenda to be
taken up for discussion during the meeting. It is the Speaker of the Lok Sabha
who presides over joint sittings called in the event of disagreement between
the two Houses on a legislative measure. Following the 52nd Constitution
amendment, the Speaker is vested with the power relating to the
disqualification of a member of the Lok Sabha on grounds of defection. The
Speaker makes obituary references in the House, formal references to
important national and international events, and the valedictory address after
every Session of the Lok Sabha and also when the term of the House expires.
Though a member of the House, the Speaker does not vote in the House except
on those rare occasions when there is a tie at the end of a decision. To date,
the Speaker of the Lok Sabha has not been called upon to exercise this unique
casting vote. While the office of Speaker is vacant due to absence/resignation/
removal, the duties of the office are performed by the Deputy Speaker or, if the
office of Deputy Speaker is also vacant, by such member of the House of the
People as the President may appoint for the purpose. The Lok Sabha has also
a separate non-elected Secretariat staff.[19]

Shri G. V. Mavalankar was the first Speaker of Lok Sabha (15 May 1952 – 27
February 1956) and Shri M. Ananthasayanam Ayyangar was the first Deputy
Speaker (30 May 1952 – 7 March 1956). In the 17th Lok Sabha, Om Birla is the
current Speaker.[20]

Secretariat
The Secretariat of Lok Sabha was set up according to the provisions contained
in Article 98 of the Constitution. The said Article, which provides for a separate
secretarial staff for each House of Parliament, reads as follows:- 98.
Secretariat of Parliament – Each House of Parliament shall have a separate
secretarial staff: Provided that nothing in this clause shall be construed as
preventing the creation of posts common to both Houses of Parliament. (2)
Parliament may by law regulate the recruitment and the conditions of service
of persons appointed to the secretarial staff of either House of Parliament.[21]

The Lok Sabha Secretariat functions under the overall guidance and control of
the Speaker. The main activities of the Secretariat inter alia include the
following:

(i) providing secretarial assistance and support to the effective functioning of

the House of the People (Lok Sabha) possible to Members of Lok Sabha; (ii)
providing amenities as admissible to Members of Lok Sabha; (iii) servicing the
various Parliamentary Committees; (iv) preparing research and reference
material and bringing out various publications; (v) recruitment of manpower in
the Lok Sabha Secretariat and attending to personnel matters; & (vi) preparing
and publishing a record of the day-to-day proceedings of the Lok Sabha and
bringing out such other publications, as may be required concerning the
functioning of the Lok Sabha and its Committees, among other things.

In the discharge of his constitutional and statutory responsibilities, the Speaker

of the Lok Sabha is assisted by the Secretary-General, who holds the rank
equivalent to the Cabinet Secretary to the Government of India. The Secretary-
General, in turn, is assisted by senior functionaries at the level of Secretary,
Additional Secretary, Joint Secretary and other officers and staff of the
Secretariat.[22] Since November 2020, the Secretary-General of Lok Sabha is
Utpal Kumar Singh, IAS.[23]

Lok Sabha general elections

Main article: List of Indian general elections
Each Lok Sabha is constituted after a general election:

Lok Sabha General Election

1951–52 Indian general
1st Lok Sabha election

2nd Lok Sabha 1957 Indian general election

3rd Lok Sabha 1962 Indian general election
4th Lok Sabha 1967 Indian general election
5th Lok Sabha 1971 Indian general election
6th Lok Sabha 1977 Indian general election
7th Lok Sabha 1980 Indian general election
8th Lok Sabha 1984 Indian general election
9th Lok Sabha 1989 Indian general election
10th Lok
Sabha 1991 Indian general election

11th Lok
Sabha 1996 Indian general election

12th Lok
Sabha 1998 Indian general election

13th Lok
Sabha 1999 Indian general election

14th Lok
Sabha 2004 Indian general election

15th Lok
Sabha 2009 Indian general election

16th Lok
Sabha 2014 Indian general election

17th Lok
Sabha 2019 Indian general election
18th Lok
Sabha 2024 Indian general election
Functions of Lok Sabha:

The powers and functions of the Lok Sabha can be broadly classified under the following heads:

1. Legislative:

The Lok Sabha can pass bills concerning all those subjects which have been included in the Union List and the Concurrent List. It can pass bills regarding state subjects

also in emergencies or if Rajya Sabha by a resolution passed by majority of its total members and 2/3 of its members present and voting declared a particular -state

subject of national importance. However, such a bill can be valid for a year only.

Lok Sabha and important articles of the Indian Constitution

The following are important articles of the Indian Constitution in relation to Lok
Sabha:

Articles Provision
Article 326 Elections to Lok Sabha shall be on the basis of adult suffrage
(Part XV)
Article 83 Lok Sabha will continue for 5 years, unless sooner dissolved, from the
(2) date appointed for its first meeting and no longer and the expiration of
the said period of five years shall operate as a dissolution of the House
Article 75 Council of Ministers are collectively responsible to Lok Sabha
Article 324 Power, superintendence of Election Commission w.r.t. Lok Sabha
elections and more
To read more on the important articles of Indian Constitution, aspirants may
check the linked article.

What are the important amendments acts related to Lok Sabha?

The following table provides the list of important amendment acts and their
relationship with Lok Sabha:

Amendment Act Amended Provisions w.r.t. Lok Sabha

2nd Amendment Readjusted the scale of representation in the Lok Sabha
Act, 1952
23rd Extended the reservation of seats for the SCs and STs, and special
Amendment Act, representation for the Anglo-Indians in the Lok Sabha for a further
1969 period of ten years (i.e., up to 1980)
31st Increased the number of Lok Sabha seats from 525 to 545
Amendment Act,
1972
41st ● Froze the seats in the Lok Sabha and state legislative
Amendment Act, assemblies on the basis of 1971 census till 2001
1976 ● Raised the tenure of Lok Sabha and state legislative
assemblies from 5 to 6 years
44th ● Restored the original term of the Lok Sabha and the state
Amendment Act, legislative assemblies (i.e., 5 years)
1978 ● Omitted the provisions which took away the power of the
court to decide the election disputes of the Lok Sabha
Speaker
45th Extended the reservation of seats for the SCs and STs and special
Amendment Act, representation for the Anglo-Indians in the Lok Sabha
1980
51st Provided for reservation of seats in the Lok Sabha for STs in
Amendment Act, Meghalaya, Arunachal Pradesh, Nagaland and Mizoram
1984
61st Reduced the voting age from 21 years to 18 years for the Lok
Amendment Act, Sabha
1989
62nd Extended the reservation of seats for the SCs and STs and special
Amendment Act, representation for the Anglo-Indians in the Lok Sabha
1989
79th Extended the reservation of seats for the SCs and STs and special
Amendment Act, representation for the Anglo-Indians in the Lok Sabha
1999
84th Extended the ban on the readjustment of seats in the Lok Sabha for
Amendment Act, another 25 years (i.e., up to 2026) with the same objective of
2001 encouraging population limiting measures
91st Article 75(1A): The total number of ministers, including the Prime
Amendment Act, Minister, in the Central Council of Ministers, shall not exceed 15% of
2003 the total strength of the Lok Sabha
95th Article 334: Extended the reservation of seats for the SCs and STs
Amendment Act, and special representation for the Anglo-Indians in the Lok Sabha
2009 for a further period of ten years i.e., up to 2020
Rajya Sabha: Functions and Position of the Rajya Sabha!
The Rajya Sabha, i.e., the Council of States, is the Upper House of the Union Parliament. It gives representation to the States of the Indian. However, the states do not

enjoy an equal representation in the Rajya Sabha. These have been given representations on the basis of the size of their populations.

I. Composition of the Rajya Sabha:

The Rajya Sabha can have a maximum strength of 250 members; out of these 238 are to be the representatives of the States and remaining 12 members are to be

nominated by the President from amongst persons who have achieved distinctions in the fields of art, literature, science or social services.

At present, the Rajya Sabha has 245 members 233 elected and 12 nominated. Members of each State Legislative Assembly, together elect their allotted number of MPs

for Rajya Sabha. The President nominates 12 MPs of Rajya Sabha. Odisha has 10 seats in the Rajya House.

II. Method of Election:

The members of the Rajya Sabha are elected indirectly by the people. The people of each state elect the members of their state legislative assembly who then elect the

members of Rajya Sabha by a method of proportional representation—single transferable vote system. Each State Legislative Assembly elects as many representatives

as have been allocated to it by the Constitution. Odisha Legislative Assembly has 147 MLAs who together elect 12 members of Rajya Sabha.

III. Qualifications for the membership of Rajya Sabha:

(a) He must be a citizen of India.

(b) He must be above the age of 30 years.

(c) He must possess all other qualifications as laid down by the Parliament.

(d) He must not hold any office of profit under any government.

(e) He should not be an insane or a bankrupt.

(f) He should not have been disqualified under any law of the Parliament.

Now any person residing in any part of India can contest election to the Rajya Sabha from any state. For this purpose residence of the concerned state is not essential.

IV. Tenure:
The Rajya Sabha is a quasi-permanent House. It is not subject to dissolution as a whole. One third of its members retire after every two years and elections are held only

for the vacant seats. The tenure of each member of the Rajya Sabha is six years.

V. Sessions:

The President convenes the sessions of the Rajya Sabha usually along with the sessions of the Lok Sabha or whenever he feels it necessary. However, there cannot be a

gap of more than six months within the two sessions of the Rajya Sabha. The President can call a special session of Rajya Sabha for getting approved an emergency

declaration at a time when Lok Sabha stands dissolved.

VI. Quorum for the Meetings of Rajya Sabha:

The quorum for the meetings of Rajya Sabha is 1/10th of its members. It means that at least 1/10th of the members of the Rajya Sabha must be present for carrying

out the work of the House.

VII. Privileges of Members:

The members of the Rajya Sabha enjoy several privileges. They enjoy unrestricted freedom to express their views in the House. Ho action can be taken against them for

anything said by them in the House. They cannot be arrested for any civil offence during, and 40 days before and after the session of the Rajya Sabha. For protecting the

privileges of the members of the House, the Committee on Privileges has been in existence since the inception of the Rajya Sabha.

VIII. Chairman and Deputy Chairman of the Rajya Sabha:

The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. He is not a member of the House. However, he presides over its meetings and conducts its

proceedings. During the absence of the Vice-President, the Deputy Chairman of the Rajya Sabha presides over the meetings. The Deputy Chairman is elected by the Rajya

Sabha MPs from amongst themselves.

Powers and Functions of the Rajya Sabha:

1. Legislative Powers:

In the sphere of ordinary law-making the Rajya Sabha enjoys equal powers with the Lok Sabha. An ordinary bill can be introduced in the Rajya Sabha and it cannot

become a law unless passed by it. In case of a deadlock between the two Houses of Parliament over an ordinary bill and if it remains unresolved for six months, the

President can convene a joint sitting of the two Houses for resolving the deadlock.

This joint sitting is presided over by the Speaker of the Lok Sabha. If the bill is passed in the joint sitting, it is sent to the President for his signatures. But if the deadlock
is not resolved, the bill is deemed to have been killed.

2. Financial Powers:

In the financial sphere, the Rajya Sabha is a weak House. A money bill cannot be introduced in the Rajya Sabha. It can be initiated only in the Lok Sabha. A money bill

passed by the Lok Sabha comes before the Rajya Sabha for its consideration. However, if within a period of 14 days, the Rajya Sabha fails to pass the bill, the bill is

taken to have been passed by the Parliament irrespective of the fact whether the Rajya Sabha has passed it or not. If the Rajya Sabha proposes some amendments and

the bill is returned to the Lok Sabha, it depends upon the Lok Sabha to accept or reject the proposed amendments.

3. Executive Powers:

“The Union Council of Ministers is collectively responsible before the Lok Sabha and not the Rajya Sabha.” Lok Sabha alone can cause the fall of the Council of Ministers

by passing a vote of no-confidence.

Although the Rajya Sabha cannot remove the Ministry from its office yet the members of the Rajya Sabha can exercise some control over the ministers by criticising their

policies, by asking questions and supplementary questions, and by moving adjournment motions. Some of the ministers are also taken from the Rajya Sabha. Now the

Prime Minister can also be from Rajya Sabha if the majority party in the Lok Sabha may elect/adopt him as its leader.

4. Amendment Powers:

Rajya Sabha and Lok Sabha can together amend the constitution by passing an amendment bill with 2/3 majority in each House.

5. Electoral Powers:

The Rajya Sabha has some electoral powers also. The elected members of the Rajya Sabha along with the elected members of the Lok Sabha and all the State Legislative

Assemblies together elect the President of India. The members of the Rajya Sabha Lok Sabha together elect the Vice- President of India. Members of the Rajya Sabha

also elect a Deputy Chairman from amongst themselves.

6. Judicial Powers:

(a) The Rajya Sabha acting along with the Lok Sabha can impeach the President on charges of violation of the Constitution.

(b) The Rajya Sabha can also pass a special address for causing the removal of a judge of the Supreme Court or of any High Court.

(c) The charges against the Vice-President can be leveled only in the Rajya Sabha.
(d) The Rajya Sabha can pass a resolution for the removal of some high officers like the Attorney General of India, Comptroller and Auditor General and Chief Election

Commissioner.

7. Miscellaneous Powers:

The Rajya Sabha and Lok Sabha jointly perform the following functions:

(a) Approval of the ordinances issued by the President,

(b) Ratification of an emergency proclamation,

(c) Making any change in the jurisdiction of the Supreme Court and the High Courts, and

(d) Making any change in the qualifications for the membership of the Lok Sabha and the Rajya Sabha.

8. Two Special Powers of Rajya Sabha. The Rajya Sabha enjoys two exclusive powers:

(i) The Power to declare a subject of State List as a subject of National Importance:

The Rajya Sabha can pass a resolution by 2/3rd majority of its members for declaring a State List subject as a subject of national importance. Such a resolution

empowers the Union Parliament to legislate on such a state subject for a period of one year. Such resolutions can be repeatedly passed by the Rajya Sabha.

(ii) Power in respect of Creation or Abolition of an All India Service:

The Rajya Sabha has the power to create one or more new All India Services. It can do so by passing a resolution supported by 2/3rd majority on the plea of national

interest. In a similar way, the Rajya Sabha can disband an existing All India Service.

Position of the Rajya Sabha:

A study of the powers of the Rajya Sabha leads us to the conclusion that it is neither a very weak house like the British House of Lords nor a very powerful house as the

American Senate. Its position is somewhat mid-way between the two. It has been less powerful than Lok Sabha but it has been not a very weak or insignificant House.

Since 1950, the Rajya Sabha has been using its powers and functions in accordance with the provisions of the Constitution and performing its due role as the second

House of Union Parliament.

Powers of Rajya Sabha

o Legislative Powers
An ordinary bill may be presented in the Rajya Sabha, but it must be passed by
that house for it to become a law. The President can call for a joint meeting of
the two Houses to settle a standoff between the two Houses of Parliament
over an ordinary bill if it hasn’t been settled for six months.
o Executive Powers
The Rajya Sabha’s members can have some control over the ministers even
though they are unable to expel them from their positions by criticizing their
policies, raising questions, and initiating adjournment motions. A few of the
ministers are also taken from the Rajya Sabha. The Prime Minister might also
come from the Rajya Sabha, if the majority party in the Lok Sabha chooses or
adopts him as its leader.
o Amendment Powers
With a two – thirds majority in each House, the Rajya Sabha and Lok Sabha can
modify the constitution jointly.
o Electoral Powers
The President and Vice-President of India are chosen by the elected members
of the Rajya Sabha, the elected members of the Lok Sabha, and all of the State
Legislative Assemblies collectively. The Rajya Sabha’s members also choose a
deputy chairman from among themselves.
o Judicial Powers
o The Rajya Sabha, working together with the Lok Sabha, has the authority
to suspend the President for alleged constitutional violations.
o The Rajya Sabha may also adopt a special resolution to call for the
dismissal of a Supreme Court or a High Court judge.
o The Rajya Sabha is the only place where the Vice President can be
charged with wrongdoing.
o The Rajya Sabha has the authority to adopt a resolution calling for the
dismissal of certain senior officials, including the Chief Election
Commissioner, Comptroller and Auditor General, and Attorney General of
India.
Special Powers of Rajya Sabha :
Difference between Lok Sabha And Rajya Sabha :
The President of India, the Lok Sabha and the Rajya Sabha make up the Indian
Parliament, which is the nation’s highest legislative body. The Indian Parliament
is presided over by the President of India. The two houses of Parliament are
the Lok Sabha and the Rajya Sabha, with the Lok Sabha serving as the lower
house and the Rajya Sabha as the upper house. The below table analyzes the
difference between the Lok Sabha and the Rajya Sabha.
Parliamentary Committees in Lok Sabha and Rajya Sabha

Types of Parliamentary Committees

●Based on purpose and duration.
1. Adhoc.
2. Standing – Advisory and Enquiry.
●Based on composition.
1. Select – Single House, ie either LS or RS.
2. Joint – Both Houses.
-Committee Standing Adhoc
Types- Committee Committee
Select Eg: Estimate (LS), Ethics Committee Committees on Bills
Committee (RS) (Select)
Committees on Bills
Joint Committee Eg: PAC ( Joint)

Ad hoc Committees vs Standing Committees

Ad hoc Committees are appointed for a specific purpose and they cease to
exist when they finish the task assigned to them and submit a report.

Examples of ad hoc committees

1. Committees on Bills (Select and Joint).

2. Railway Convention Committee.
3. Committees on the Draft Five Year Plans.
4. Hindi Equivalents Committee.
Standing Committees are permanent committees. Each House of Parliament
has Standing Committees.

Examples of standing committees:

1. Business Advisory Committee.

2. Committee on Petitions.
3. Committee of Privileges.
4. Rules Committee.

Standing Committees in Lok sabha:Duties

1. Absence of Members from the sitting of the House
2. Business Advisory Committee
 3. Committee on Welfare of Other Backward Classes
4. Empowerment of Women
5. General Purposes Committee
6. Government Assurances
7. House Committee
8. Library Committee
9. Papers Laid on the Table
10. Petitions
11. Private Members Bills and Resolutions
12. Privileges
13. Rules Committee
14. Subordinate Legislation
15. The welfare of Scheduled Castes and Scheduled Tribes

Standing Committees in Rajya sabha : Duties

1. Committees to enquire—

(a) Committee on Petitions;

(b) Committee of Privileges; and
(c) Ethics Committee.

2. Committees to scrutinise and control—

(a) Committee on Government Assurances;

(b) Committee on Subordinate Legislation; and
(c) Committee on Papers Laid on the Table.

3. Committees relating to the day-to-day business of the House—

(a) Business Advisory Committee; and

(b) Rules Committee.

4. House Keeping Committees—

(a) House Committee;

(b) General Purposes Committee; and
(c) Committee on Provision of Computers to Members of Rajya Sabha.

PS: The 12th committee in Rajya Sabha is Committee on Members of

 Parliament Local Area Development Scheme.

Sl. No. of members in the

No. Name of the Committee Committee
1. Business Advisory Committee 11
2. Committee on Papers Laid on the Table 10
3. Committee on Petitions 10
4. Committee of Privileges 10
5. Committee on Rules 16
6. Committee on Subordinate Legislation 15
7. Committee on Government Assurances 10
8. General Purposes Committee Not fixed
9. House Committee 10
10. Ethics Committee 10
Committee on Provision of Computers for Members
11. of Rajya Sabha 7

Committee on Members of Parliament Local Area

12. Development Scheme 10

Joint Standing Committees

All Department related standing committees are joint. Also, two of the three
Financial committees are Joint (PAC and PUC). In addition to these the below
mentioned are the important joint committees in Parliament.

(a) Committee on the Welfare of Scheduled Castes and Scheduled Tribes.

(b) Committee on Offices of Profit.
(c) [Parliamentary Committee to review the rate of dividend payable by the
Railway Undertaking to the General Revenues] (Railway Convention Committee).
(d) Committee on Empowerment of Women.
(e) Library Committee.
(f) Committee on Food Management in Parliament House Complex.
(g) Committee on Installation of Portraits/Statues of National Leaders and
Parliamentarians in the Parliament House Complex.
(h) Committee on Security Matters in Parliament House Complex.

Department related Standing Committees (Joint)

 Out of the 24 Committees, 18 Committees are serviced by the Loksabha
Secretariat and 6 Committees by the Rajya Sabha Secretariat. Each of these
Standing Committees consists of not more than 45 members—30 to be
nominated by the Speaker from amongst the members of Lok Sabha and 15 to
be nominated by the Chairman, Rajya Sabha from amongst the members of
Rajya Sabha. A Minister is not eligible to be nominated to these Committees.
The term of members of these Committees is one year.

Department Related Standing Committees (LS)

Sl Name of the Department Related Standing

No. Committee (LS)
1 Committee on Agriculture
2 Committee on Chemicals & Fertilizers
3 Committee on Coal & Steel
4 Committee on Defence
5 Committee on Energy
6 Committee on External Affairs
7 Committee on Finance
8 Committee on Food, Consumer Affairs & Public Distribution
9 Committee on Information Technology
10 Committee on Labour
11 Committee on Petroleum & Natural Gas
12 Committee on Railways
13 Committee on Rural Development
14 Committee on Social Justice & Empowerment
15 Committee on Urban Development
16 Committee on Water Resources

Department Related Standing Committees (RS)

Sl No  Name of the Department Related Standing Committee (RS)

1 Committee on Commerce
2 Committee on Health and Family Welfare
3 Committee on Home Affairs
4 Committee on Human Resource Development
5 Committee on Industry
6 Committee on Personnel, Public Grievances, Law and Justice
7 Committee on Science & Technology, Environment & Forests
8 Committee on Transport, Tourism and Culture

Functions of Department Related Standing Committees

The newly constituted departmentally related Standing Committee System is a
path-breaking endeavour of the Parliamentary surveillance over administration.
With the emphasis of their functioning to concentrate on long-term plans,
policies and the philosophies guiding the working of the Executive, these
Committees will be in a very privileged position to provide necessary direction,
guidance and inputs for broad policy formulations and in the achievement of
the long-term national perspective by the Executive. With reference to the
Ministries/Departments under their purview, the functions of these committees
are:

1. Consideration of Demands for Grants.

2. Examination of Bills referred to by the Chairman, Rajya Sabha or the
Speaker, Lok Sabha as the case may be.
3. Consideration of Annual Reports.
4. Consideration of national basic long term policy documents presented
to the House and referred to the Committee by the Chairman, Rajya Sabha
or the Speaker, Lok Sabha, as the case may be.
Parliamentary Terminologies :

A
"Act (of Parliament)" - In India, a Bill passed by the two Houses of Parliament
and assented to by the President.
"Address (President's/Presidential)" - A prepared speech delivered by the
President of India to both Houses of Parliament assembled together at the
commencement of the first session of each year informing Parliament of the
causes of its summons which is later laid before and discussed on a formal
Motion of Thanks in each House of Parliament or an address by the President
of India to either House of Parliament or both Houses assembled together on
any other occasion. The Council of Ministers approves the text of the
President's Address and is responsible for its contents.
"Adjournment of the House" - Suspend (proceedings) for the day; to put off
until a future day. The word 'Adjourn' applies to the action of a deliberative body
etc. in bringing a sitting to a close, with the intention of resuming on the next
working day or a specified later date. In Lok Sabha, the Speaker determines
when sitting of House is to adjourn sine die or to a particular day or to an hour
or part of same day.
"Adjournment Motion" - A Motion for discussing 'a specific and important
matter that should have urgent consideration'. It can be moved by any member
of the House and is in the nature of emergency motion of censure upon the
Government. The object is to draw the attention of the Government to a matter
of urgent public importance so as to criticize the decision of Government in an
urgent matter in regard to which a motion or resolution with proper notice will
be too late.
"Admonition" - A punishment administered by the Presiding Officer of a
legislature to an offender for breach of privilege or contempt of the House in
case of an offence which is not so grave as to warrant his committal; it is the
mildest form of punishment.
"Affirmation" - A positive declaration; a solemn declaration without oath; a
solemn declaration made by a member of a legislature in lieu of oath before he
takes his seat in the House. "I, A.B., having been elected a Member of the House
of the People do solemnly affirm that I will bear true faith and allegiance to the
Constitution of India as by law established, that I will uphold the sovereignty
and integrity of India and that I will faithfully discharge the duty upon which I
am about to enter."
"Allocation of Time" - In India, the practice is that all items of business to be
transacted by the House during the Government time including those to which
the Speaker is empowered to allot time himself, are normally placed before the
Business Advisory Committee for allocation of time. The report of the
Business Advisory Committee is presented to House for approval after which
the allocation of time in respect of Bills and other business becomes an order
of the House.
"Amendment(s)" - A device to alter a motion moved or question under
discussion in the Legislature; includes omission, substitution, addition and
insertion of certain words, figures or marks to the clause of a bill, a resolution
or a motion or to an amendment made thereof.
"Annual Financial Statement" - A statement made by the Minister incharge of
Finance in the legislature containing the probable income and expenditure of
the Government for any year; familiarly known as Budget.
"Answers (to questions)" - In the Indian Parliament, oral answers are given to
Questions distinguished by an asterisk while those not distinguished by an
asterisk are listed for written answers; supplementary questions are asked for
further elucidating any matter of fact regarding which an answer has been
given, if permitted by the Speaker. Normally the first hour of every sitting is
allotted for answering questions.

B
"Bill(s)" - A draft of a legislative proposal put in the proper form which when
passed by both the Houses of Parliament and assented to by the President
becomes an Act.
"Breach of Privilege" - Disregard of any of the privileges, rights and immunities
either of the Members of Parliament individually or of either House of
Parliament in its collective capacity or of its committees; also includes actions
which obstruct the House in the performance of its functions and thereby
lower its dignity and authority such as disobedience of its legitimate orders or
libel upon itself, or its member or officers which are called contempt of the
House (for details see 'Privileges').
"Business, list of" - In the Indian Parliament, it is known as List of Business,
prepared under the authority of the Speaker by the Secretary-General and a
copy thereof is supplied to every member; contains the items of business,
Govt. and Private members', scheduled to be taken up on a particular day; the
first item generally is Questions; Oath or affirmation and obituary reference,
whenever listed, precede Questions; List of Questions though part of List of
Business, is issued separately; List of Business, the List of Questions, the List
of Amendments, cut-motions and the Bills, all combined form the Order Paper
for the day.
"Business of the House" - The relative order of all the items of business in the
House of a Legislature to be taken up on a particular day. Government
Business for a whole week is announced in advance in the House by the
Minister for Parliamentary Affairs.

C
"Calling Attention" - The act of requiring somebody to give his attention to; to
point out; a parliamentary procedure to call the attention of the Government to
a matter of urgent public importance.
"Censure Motion" - A motion moved against the Government censuring its
policy in some direction or an individual minister or ministers of the
Government.
"Commonwealth Parliamentary Association" - The Commonwealth
Parliamentary Association is an organisation composed of Branches formed in
the legislatures of various Commonwealth countries. It consists of main
Branches formed in the National Parliaments of Commonwealth, State and
Provincial branches formed in State or Provincial Legislatures within member
countries of the Commonwealth and territorial Parliaments.
"Concurrent List" - A list of subjects appended to a federal Constitution in
respect of which the federal legislature and the State or regional legislatures
have power to make laws, federal law prevailing in case of conflict.
"Constitution" - The system of fundamental laws and principles of a
government written or unwritten; system of laws and customs established by
sovereign power of a State for its own guidance.
"Contempt of the House" - Any act or omission which obstructs or impedes
either House of Parliament in the performance of its functions, or which
obstructs or impedes any member or officer of such House in the discharge of
his duty, or which has a tendency, directly or indirectly, to produce such results
is treated as a contempt even though there is no precedent of the offence.
"Cut Motions" - During the discussion on the demands for grants, motion can
be moved to reduce the amount of a demand; such a motion is called cut
motion.

D
"Delegated Legislation" - "Delegated legislation" and "delegation of legislative
power" is the conferring of authority upon a subordinate authority to frame
rules, regulations etc. Each regulation, rule, sub-rule, bye-law etc. framed in
pursuance of the provisions of the Constitution or Act of Parliament under the
power delegated thereunder to a subordinate authority is required to be laid on
the Table of Lok Sabha within a period of fifteen days after publication in the
Gazette.
"Deputy Speaker" - Deputy Speaker is elected from amongst its members; he is
not subordinate to the Speaker and holds an independent position; he is
answerable to the House alone. In the absence of the Speaker, the Deputy
Speaker is required to perform the duties of the Office of the Speaker and
preside over the sitting of the House and also the joint sitting of the Houses of
Parliament and exercises the powers of the Speaker.
"Directive Principles of State Policy" - Constitutional directions and principles
fundamental in the governance of the country.
"Dissolution" - The President of India dissolves the Lok Sabha on the advice of
the Prime Minister. At the end of its term of five years, the House stands
automatically dissolved even if no formal order of dissolution is issued by the
President. With dissolution, the life of the House comes to an end and it cannot
again assemble until after a general election. Dissolution 'passes a sponge
over the Parliamentary slate' and all business pending before it or any of its
committees lapses on dissolution.
"Disqualifications for" - Constitutional or statutory rules which make a person
unfit or unqualified to be chosen as member of a Legislature; also those which
make a member unfit for being its member subsequent to his election.
"Division" - Division is ordered by the Chair when his opinion on the question just
decided by voice vote is challenged by members who demand a division.

E
"Election Commission" - A constitutional body in India created for the purpose
of holding elections to Parliament, State Legislatures and offices of President
and Vice-President.
"Electoral College" - An intermediary body chosen by electors to choose the
representatives in an indirect election.
"Enacting Formula" - The section of a Bill or statute which establishes the whole
document as a law.

G
"Government" - A Parliamentary government consists of cabinet which is
responsible to the legislature for its actions. Government carries on general
administration and Parliament exercises general control of governmental acts.
"Government Assurances" - Assurances, promises, undertakings given by
Ministers from time to time on the Floor of the House; for ensuring their
implementation in reasonable time.

H
"Houses of Parliament" - The two Houses of Indian Parliament are: the Rajya
Sabha (Council of States) and the Lok Sabha (House of the People).
"Hung Parliament" - Parliament wherein no party has won a working majority

L
"Leader of the House" - In Lok Sabha, the Prime Minister usually functions as
the Leader of the House; if he is not a member of this House, a Minister, who is
a member of the Lok Sabha and is nominated by the Prime Minister functions
as such. Leader of the House is an important Parliamentary functionary.
"Leader of Opposition" - Leader of the largest minority party in a legislature; an
office recognised under the Rules of the House.
"Leave of Absence" - The formal granting of leave of absence to a Member of
Parliament.
"Leave of the House" - The formal approval given by the House of a Legislature
to a member to move a motion or withdraw the same. The member can seek
the leave of the House only after he has been permitted to do so by the
Speaker; he then rises in his place and asks for leave. After the leave is granted,
the member cannot withdraw his motion without the permission of the House.
"Legislation (Subordinate)" - Making of statutory instruments or orders by a
body subordinate to the legislature in exercise of the power within specific
limits conferred by the legislature; also covers statutory instruments
themselves.

M
"Maiden Speech" - M.P.'s first speech in Parliament; one's first or earliest
speech, especially in Parliament.

O
"Office of Profit" - An employment with fees and emoluments attached to it; it
also carries some power of patronage; the holder of it is entitled to exercise
executive, financial or judicial powers.
"Ordinance" - The President of the Union and the Governors of the States have
legislative power to promulgate Ordinances, such power is co-extensive with
the legislative competence of Parliament.

P
"Panel of Chairmen" - The body of members whom the Speaker nominates from
among the members to preside over the sittings of the House in the absence
of the Speaker and the Deputy Speaker.
"Papers laid on the Table" - Laying of Parliamentary papers or documents on
the Table of both Houses of Parliament for bringing them on the record of the
House.
"Parliament—Jurisdiction and Powers of" - Parliament consists of the President
and the two Houses; each of its branches has peculiar powers in connection
with their joint legislative function.
"Parliamentary Papers" - The papers connected with the proceedings of the
House as well as those presented to the House; the copies of these papers are
made available to the Members as soon as they are issued.

R
"Rules of Procedure" - Rules which regulate procedure, debate and the conduct
of members in a Legislature.

S
"Schedule" - The Schedule is as much a part of the statute and as much an
enactment as any other part; it must be read together with the Act for all
purpose of construction.
"Select Committee on Bill(s)" - A Parliamentary Committee composed of
members specially named and appointed from time to time to consider, inquire
into or deal with Bills.
"Speaker" - The Speaker is the Principal Presiding Officer of the Lok Sabha. He
is chosen by the House from among its Members by a simple majority of
members present and voting. Within the walls of the House his authority is
supreme, which is based on his absolute and unvarying impartiality.
"Speaker pro tem" - A member of a Legislative House appointed to perform the
duties of the Office of the Speaker when the offices of both the Speaker and
Deputy Speaker are vacant; the Speaker pro tem continues in office till the
Speaker is elected.

T
"Table of the House" - In the pit of the two Houses of Indian Parliament, just in
front of the table of the Secretary-General lies the table of the House. Papers
which are required to be laid on the Table of the House in pursuance of
constitutional provisions, Rules and Directions are formally placed on this Table.

10 Major Parliamentary Terms used in Indian Parliament

The major parliamentary terms used in Indian parliament are as follows:

(i) Quorum:

It is the minimum number of members whose presence is essential to transact the business of the House.

(ii) Question-Hour:

The day’s business usually starts with the question-hour during which questions are asked by the members and the answers are provided by the concerned Minister.

(iii) Zero Hour:

This period follows the question hour and generally begins at noon. Usually the time is used by members to raise various issues for discussion.

(iv) Starred Question:

It is one for which an oral answer is required to be given by the Minister on the floor of the House. Supplementary questions may be asked based on the Minister’s reply.

The Speaker decides if a question should be answered orally or otherwise. One member can ask only one starred question in a day.

(v) Un-starred Question:

It is one for which the Minister lays on the table a written answer. A 10- day notice has to be given to ask such questions and no supplementary questions can be asked

with regard to such questions.

(vi) Short Notice Questions:

It can be asked by members on matters of public importance of an urgent nature. It is for the Speaker to decide whether the matter is of urgent nature or not. The

member has also to state reasons for asking the questions while serving notice.

(vii) Point of Order:

A member may raise a point of order if the proceedings of the House do not follow the normal rules. The Presiding officer decides whether the point of order raised by

the members should be allowed.

(viii) Vote on Account:

AS there is usually a gap between the presentation of the budget and its approval, the vote on account enables the government to draw some amount from the

Consolidated Fund of India to meet the expenses in the intervening period.

(ix) Guillotine:

The act of putting all the demands for grant to vote, without discussion on the last day earmarked for the discussion of the budget is called guillotine.

(x) Lame-duck Session:

This session is held when a new Parliament has been elected but the old Parliament meets for the last time before it is dissolved. The lame-ducks are the members of the

Parliament who have not got re-elected.

Supreme Court of India

The Supreme Court of India is the supreme judicial authority and the highest
court of the Republic of India. It is the final court of appeal for all civil and
criminal cases in India except for Muslim personal law. It also has the power
of judicial review. The Supreme Court, which consists of the Chief Justice of
India and a maximum of fellow 33 judges, has extensive powers in the form
of original, appellate and advisory jurisdictions.

Jurisdiction and Powers of the Supreme Court

The Supreme Court of India was constituted as per Chapter IV of Part V of the
Constitution of India. The fourth Chapter of the Indian Constitution is " The
Union Judiciary". Under this Chapter, the Supreme Court of India is vested with
all Jurisdiction.

● As per Article 124, The Supreme Court of India had been Constituted and
Established.
● As per Article 129, the Supreme Court is to be the Court of Record.
● As per Article 131, the Original Jurisdiction of the Supreme Court is
authorized.
● As per Articles 132, 133 and 134, Appellate Jurisdiction of the Supreme
Court is authorized.
● Under Article 135, the Federal Court's Power is given to the Supreme Court.
● Article 136 deals with the Special leave to Appeal to the Supreme Court.
● Article 137 explains the Review Power of the Supreme Court.
● Article 138 deals with the Enlargement of the jurisdiction of the Supreme
Court.
● Article 139 deals with the Conferment on the Supreme Court of powers to
issue certain writs.
● Article 140 gives Ancillary powers to the Supreme Court.
● Article 141 of the Constitution gives the Law making power of the Supreme
Court .
The law declared by the Supreme Court is binding on all courts in the country.

Constitution of the Court

Registry
The registry of the Supreme Court is headed by the Secretary-General, who is
currently assisted by 10 registrars, several additional and deputy
registrars, etc. Article 146 of the Constitution deals with the appointments of
officers and servants of the Supreme Court registry.

Supreme Court advocates

Supreme Court Rules, 2013 entitle only those advocates who are registered
with the Supreme Court, called advocates-on-record to appear, act and plead
for a party in the court. Those advocates who are designated as 'senior
advocates' by the Supreme Court or any of the high courts can appear for
clients along with an advocate-on-record. Any other advocate can appear for a
party along with or under instructions from an advocate-on-record.
Composition
Size of the court

Initially, the Constitution of India provided for a Supreme Court with a chief
justice and 7 judges. In the early years, a full bench of the Supreme Court sat
together to hear the cases presented before them. As the work of the Court
increased and cases began to accumulate, Parliament increased the number of
judges (including the Chief Justice) from the original 8 in 1950 to 11 in 1956,
14 in 1960, 18 in 1978, 26 in 1986, 31 in 2009, to 34 in 2019. As the number of
the judges has increased, they sit in smaller benches of two or three (referred
to as a division bench)—coming together in larger benches of five or more
(referred to as a constitution bench) when required to settle fundamental
questions of law. A bench may refer a case before it to a larger bench, should
the need arise.

The largest-ever bench at the Supreme Court of India has been constituted in
1973 in Kesavananda Bharati v. State of Kerala. A bench of 13 judges was set
up to decide whether Parliament had the unfettered right to amend the
Constitution, which eventually gave rise to the Basic Structure doctrine.

Eligibility of a judge of the Supreme Court

A citizen of India not exceeding 65 years age per Article 124 of the Constitution
who has been:

● a judge of one high court or more (continuously), for at least five years,
● an advocate there, for at least ten years,
● a distinguished jurist, in the opinion of the president, power conferred by
clause 2 of article 124 of the Constitution of India
is eligible to be recommended for appointment, a judge of the Supreme Court.

Court demographics

In practice, judges of the Supreme Court have been selected so far, mostly
from amongst judges of the high courts. Barely nine justices—S. M. Sikri, S.
Chandra Roy, Kuldip Singh, Santosh Hegde, R. F. Nariman, U. U. Lalit, L.
Nageswara Rao, Indu Malhotra and P. S. Narasimha—have been appointed to
the Supreme Court directly from the bar (i.e., who were practising advocates).

The Supreme Court saw its first woman judge when Justice M. Fathima
Beevi was sworn into office in 1989.

In 1968, Justice Mohammad Hidayatullah became the first Muslim Chief

Justice of India. In 2007, Justice K. G. Balakrishnan became the first judge as
well as the Chief Justice of India from the dalit community. In 2010, Justice S.
H. Kapadia coming from a Parsi minority community became the Chief Justice
of India. In 2017, Justice Jagdish Singh Khehar became the first Sikh Chief
Justice of India. Justice Indu Malhotra is the first and only woman judge to be
selected directly from the bar.

What is a State Executive?

● The government is based on the separation of powers and consists of
three organs such as the Legislature, Executive and the Judiciary.
● The state executive is envisaged with the role of enforcing the laws
made by the legislature and looking after the governance in the state.
● The State Executive is made up of the following:
o Governor
o Chief Minister
o Council of Ministers
o Advocate General of the State
o Non-Political PermanentExecutive - Civil Servants
Functions
● Enforcement of Laws: This is the primary function to enforce the law
and maintain law and order in the state.
● Policymaking: The executive is provided with the task of policymaking
and developmental planning.
● Functions related to Lawmaking: Since ministers are also members of
the legislature they are involved in the law-making process.
● Delegated Legislation: This is an additional role to make laws provided
by the legislature to the executive.
 ● Financial Functions: Though the legislature is the custodian of all the
finances, the task of preparing the budgets and collection and spending
of tax money is handled by the executive.
● Quasi-Judicial Functions: The appointment of judges of the subordinate
courts and the members of the tribunals is part of its quasi-judicial
function.
Conclusion

Though the constitution promotes the separation of powers between the

different organs of the government as provided in the Directive Principles, a
watertight separation of powers is difficult to achieve. However, the current
system of separation of powers is provided with necessary checks and
balances to ensure the smooth functioning of the government machinery in the
state.
UNIT IV ELECTIONS, AMENDMENTS AND EMERGENCY PROVISIONS

An election is a formal group decision-making process by which

a population chooses an individual or multiple individuals to hold public office.

Elections have been the usual mechanism by which modern representative

democracy has operated since the 17th century. Elections may fill offices in
the legislature, sometimes in the executive and judiciary, and for regional and
local government. This process is also used in many other private
and business organisations, from clubs to voluntary
associations and corporations.

Electoral systems

Electoral systems are the detailed constitutional arrangements and voting

systems that convert the vote into a political decision.

The first step is for voters to cast the ballots, which may be simple single-
choice ballots, but other types, such as multiple choice or ranked ballots may
also be used. Then the votes are tallied, for which various vote counting
systems may be used. and the voting system then determines the result on the
basis of the tally. Most systems can be categorized as
either proportional, majoritarian or mixed. Among the proportional systems,
the most commonly used are party-list proportional representation (list PR)
systems, among majoritarian are first-past-the-post electoral system (single
winner plurality voting) and different methods of majority voting (such as the
widely used two-round system). Mixed systems combine elements of both
proportional and majoritarian methods, with some typically producing results
closer to the former (mixed-member proportional) or the other (e.g. parallel
voting).

Many countries have growing electoral reform movements, which advocate

systems such as approval voting, single transferable vote, instant runoff
voting or a Condorcet method; these methods are also gaining popularity for
lesser elections in some countries where more important elections still use
more traditional counting methods.

While openness and accountability are usually considered cornerstones of a

democratic system, the act of casting a vote and the content of a voter's ballot
are usually an important exception. The secret ballot is a relatively modern
development, but it is now considered crucial in most free and fair elections, as
it limits the effectiveness of intimidation.

Campaigns

When elections are called, politicians and their supporters attempt to influence
policy by competing directly for the votes of constituents in what are called
campaigns. Supporters for a campaign can be either formally organized or
loosely affiliated, and frequently utilize campaign advertising. It is common for
political scientists to attempt to predict elections via political
forecasting methods.

The most expensive election campaign included US$7 billion spent on

the 2012 United States presidential election and is followed by the US$5 billion
spent on the 2014 Indian general election.

Electoral Process :
Election Notification
● The election process officially begins when, on the recommendation of
the Election Commission, the President (in the caseof Lok Sabha)and the
Governor (in the case ofState Assembly)issue a notification for the
election.
● Candidates have seven days to file their nominations. The seventh day,
excluding Sunday, is the last date after notification is issued.
● Scrutiny of nomination papers is normally done on the day following the
last date for filing nominations.
● The candidate may withdraw his/her nomination on the second day
after the papers have been scrutinized.
● The election is held no earlier than the twentieth day following the
withdrawal.
Filing of Nomination
● A person who wishes to run for office must file a nomination paper in
 the prescribed form, indicating his name, age, postal address, and serial
number in the electoral rolls.
● The candidate must be proposed and seconded by at least two voters
registered in the relevant constituency.
● Every candidate is required to take an oath or affirmation.
● These papers are then delivered to the Election Commission's
designated Returning Officer.
Security Deposit
● When submitting a nomination, each candidate must pay a security
deposit. Every candidate for Lok Sabha must make a security deposit of
Rs.10,000/-, and every candidate for State Assembly must make a
deposit of Rs. 5,000.
● Candidates from Scheduled Castes and Scheduled Tribes, on the other
hand, must deposit Rs. 5,000/– if contesting Lok Sabha elections and
Rs. 2,500/– if contesting Vidhan Sabha elections.
● If the candidate does not receive at least one-sixth of the total valid
votes cast, the security deposit is forfeited.
Scrutiny and Withdrawal
● On the day set by the Election Commission, all nomination papers
received by the Returning Officer are scrutinized.
● This is done to ensure that all paperwork is completed in accordance
with the procedure and is accompanied by the required security deposit.
● The Returning Officer has the authority to reject a nomination paper for
any of the following reasons:
o If the candidate is under the age of 25.
o If he or she has not paid the security deposit.
o If he/she holds any profit-making office.
o If he or she is not registered to vote anywhere in the country.
● The last day for candidates to withdraw is the second day following the
scrutiny of nomination papers.
● If that day happens to be a holiday or a Sunday, the day after that is set
as the deadline for the withdrawal.
Election Commission Of India:

The Election Commission is an all-India body that is common to both the

Central government and the State governments. It must be noted here that the
commission does not deal with the elections to the Municipalities and
Panchayats in the states. Hence, a separate State Election Commission is
provided by the Constitution of India.
Constitutional Appointment of ECI

Since its inception in 1950 and till 15 October 1989, the election commission
was a one-member body with only the Chief Election Commissioner (CEC) as
its sole member.

● On 16 October 1989, the voting age was changed from 21 to 18 years.

So, two more election commissioners were appointed by the president
in order to cope with the increased work of the election commission.
● Since then, the Election Commission was a multi-member body that
consisted of 3 election commissioners.
● Later on, the two posts of election commissioners were eliminated in
January 1990 and the Election Commission was reverted to the previous
position.
● This was repeated again later in October 1993 when the president
appointed two more election commissioners. Since then, the Election
Commission functions as a multi-member body comprising of 3
commissioners.
● The chief and the two other election commissioners have the same
powers and emoluments including salaries, which are the same as a
Supreme Court judge.
● In case of a difference of opinion amongst the Chief Election
Commissioner and/or two other election commissioners, the matter is
decided by the Commission by a majority.
● The office is held by them for a term of 6 years or until they attain 65
years, whichever happens first. They can also be removed or can resign
at any time before the expiry of their term.

Independence of the Election Commission

Article 324 of The Constitution of India mentions the provisions to safeguard

and ensure the independent and impartial functioning of the Election
Commission which is as follows.

● The chief election commissioner is provided with security of tenure. He

cannot be removed from his office except in the same manner and on
the same grounds as a judge of the Supreme Court. In other words, he
can be removed by the President on the basis of a resolution passed to
that effect by both the Houses of Parliament with a special majority,
either on the ground of proved misbehaviour or incapacity.
● Thus, he does not hold his office until the pleasure of the president,
 though he is appointed by him.
● The service conditions of the chief election commissioner cannot be
varied to his disadvantage after his appointment.
● Any other election commissioner or a regional commissioner cannot be
removed from office except on the recommendation of the chief election
commissioner.
● Though the constitution has sought to safeguard and ensure the
independence and impartiality of the Election Commission, some flaws
can be noted, ie:
●The Constitution has not prescribed the qualifications (legal,
educational, administrative or judicial) of the members of the
Election Commission.
●The Constitution has not specified the term of the members of the
Election Commission.
●The Constitution has not debarred the retiring election
commissioners from any further appointment by the government.

Powers, Functions, and Responsibilities of Election Commission

Among the major Constitutional Bodies in India, Election Commission is a

permanent Constitutional Body. It was established in accordance with the
Constitution on 25th January 1950.

● The Constitution has vested to this body superintendence, direction and

control of the entire process for conduct of elections.
● The Commission’s functions and powers with respect to elections to
the offices of the President, the Vice President, the state legislators and
the Parliament are divided under three headings:
●Administrative
●Advisory
●Quasi-judicial
Aspirants preparing for Civil Services exam can go through other such bodies
on the links provided below-

1. Types of Constitutional Bodies

2. Constitutional, Statutory and Quasi-Judicial Bodies

Powers of Election Commission of India

In details, these powers of the Election Commission of India are:

 ● Determining the Electoral Constituencies’ territorial areas throughout
the country on the basis of the Delimitation Commission Act of
Parliament.
● Preparing and periodically revising electoral rolls and registering all
eligible voters.
● Notifying the schedules and dates of elections and scrutinising
nomination papers.
● Granting recognition to the various political parties and allocating them
election symbols.
● Acting as a court to settle disputes concerning the granting of
recognition to political parties and allocating election symbols to the
parties.
● Appointing officers for inquiring into disputes concerning electoral
arrangements.
● Determining the code of conduct to be followed by the political parties
and candidates during elections.
● Preparing a program for publicising the policies of all the political
parties on various media like TV and radio during elections.
● Advising the President on matters concerning the disqualification of
MPs.
● Advising the Governor on matters concerning the disqualification of
MLAs.
● Cancelling polls in case of booth capturing, rigging, violence and other
irregularities.
● Requesting the Governor or the President for requisitioning the staff
required for conducting elections.
● Supervising the machinery of elections throughout the country for
ensuring the conduct of free and fair elections.
● Advising the President on whether elections can be held in a state that
is under the President’s rule, in order to extend the period of emergency
after 1 year.
● Registering political parties and granting them the status of national or
state parties (depending on their poll performance).
The Commission is aided in its function by deputy election commissioners. The
deputy ECs are taken from the civil services and they are appointed by the
Commission. They have a fixed tenure. They are aided by the secretaries,
deputy secretaries, joint secretaries and under-secretaries posted in the
commission’s secretariat.
Functions of Election Commission
1. To direct and control the entire process of conducting elections to
Parliament and Legislature of every State and to the offices of President
and Vice-President of India.
2. To decide the election schedules for the conduct of periodic and timely
elections, whether general or bye-elections
3. To decide on the location of polling stations, assignment of voters to
the polling stations, location of counting centres, arrangements to be
made in and around polling stations and counting centres and all allied
matters
4. To prepare electoral roll and issues Electronic Photo Identity Card
(EPIC)
5. To grant recognition to political parties & allot election symbols to
them along with settling disputes related to it
6. To sets limits of campaign expenditure per candidate to all the political
parties, and also monitors the same
7. To advise in the matter of post-election disqualification of sitting
members of Parliament and State Legislatures.
8. To issue the Model Code of Conduct in the election for political parties
and candidates so that no one indulges in unfair practice or there is no
arbitrary abuse of powers by those in power.

Composition of Election Commission

Article 324 of the Constitution has made the following provisions with regard
to the composition of the election commission:

● The President appoints the Chief Election Commissioner and other

election commissioners.
● When any other EC is so appointed, the CEC acts as the Election
Commission’s Chairman.
● The President can also appoint regional commissioners to assist the
Commission, if necessary after consulting with the Election Commission.
● The tenure of office and the conditions of service of all the
commissioners shall be determined by the country’s President.

Importance of Election Commission for India

● The Election Commission has been successfully conducting national as
well as state elections since 1952. Now, it plays an active role to ensure
 the greater participation of people.
● The Commission has brought discipline among the political parties
with a threat of derecognizing if the parties failed in maintaining inner-
party democracy.
● It supports the values preserved in the Constitution viz, equality, equity,
impartiality, independence; and rule of law in superintendence, direction,
and control over the electoral governance.
● ECI helps in conducting elections with the highest standard of
credibility, fairness, transparency, integrity, accountability, autonomy and
professionalism.
● In the electoral process, it ensures the participation of all eligible
citizens in an inclusive voter-centric and voter-friendly environment.
● The Election Commission of India engages with political parties and all
stakeholders in the interest of the electoral process.
● It creates awareness about the electoral process and electoral
governance amongst stakeholders (political parties, voters, election
functionaries, candidates and people at large) to enhance and
strengthen confidence and trust in the electoral system of this country.

Challenges faced by Election Commission

1. Increased violence and electoral malpractices under influence of money
have resulted in political criminalization, which ECI is unable to arrest.
2. Election Commission is not adequately equipped to regulate the
political parties. It has no power in enforcing inner-party democracy and
regulation of party finances.
3. ECI is becoming lesser independent of the Executive which has
impacted its image.
4. Allegations of EVMs malfunctioning, getting hacked and not registering
votes, corrodes the trust of the general masses in ECI.
Election Laws :

Elections Laws in India

There are various laws related to the conduct of elections in India. The
elections for both the centre and the state are conducted differently but the
laws governing the conduct of elections of the Parliament and State
Legislature are almost the same. These are as follows:
The Representation of the People Act, 1950

This act provides for the allocation of seats in Lok Sabha and Legislative
Assemblies, delimitation of constituencies, qualifications of voters, manner of
filling the seats of Rajya Sabha by Union Territory representatives etc.

●The election commission should appoint or nominate a Chief electoral

officer for each and every state with the consultation of the state
government.
●Appointment of district level election commissioners should also be
done by the Election Commission with the consultation of the state
government.
●The Central government has the power to make any rules under this Act
with the consultation of the Election Commission.
●This Act bars the power of the Civil Courts to question the legality of
any action of electoral registration officer regarding revision of
electoral roll.

The Representation of the People Act, 1951

This Act provides for the conduct of elections to the Parliament and State
Legislatures, qualifications, disqualifications, various offences, various doubts
and disputes etc. Following are some of the rules laid down under this Act:

●Everybody or association who wants to stand as a candidate in the

elections have to get itself registered with the Election Commission
of India. It is on the EC to register a political party or not after
considering various relevant factors and particulars.
●Any change in the name and address of the political party should be
communicated to the Election Commission.
●A person cannot represent the people in either Lok Sabha or Rajya
Sabha if he is not eligible to vote.

The Registration of Electors Rules, 1960

The rules contained in this Section are related to the preparation of electoral
rolls, their periodic updating and revision. This act also provides the process
for registration of eligible voters and the issuance of voter ID cards with the
photograph of the voter. The inclusion of eligible and registered voters in the
electoral rolls and the exclusion of non-eligible and non-existing voters are
included in this act. The election commission prepares the electoral rolls
during the elections which contain the name, photograph and the other
particulars of the voter because of the rules mentioned under this Act.

Conduct of Election Rules, 1961

This Act deals with each and every stage of conduct of elections in detail. It
holds the issuing of writ notification for conducting elections, filing of
nominations, scrutiny of nominations, withdrawal of candidates. This rule also
governs the counting of votes and taking of polls. In the end, this rule also
categorises the constitution of the Houses on the basis of the results. Many
amendments have been made in this rule such as the Conduct of Election Rules
(Amendment), 2013 and the Conduct of Election Rules (Amendment), 2016. 

Election Symbols Order, 1968

This is the order which empowers the Election Commission to recognise

political parties and allot them symbols. The commission under para 15 of this
order also has the power to decide disputes arising among rival groups or
sections of a political party who is claiming the symbol. Under this paragraph,
only the Election Commission has the power to decide all the issues arising on
any disputes or a merger. 

Presidential and Vice-Presidential Rules, 1974

This Act is particularly made for the conducting of elections for both the
President and Vice-President. This act consisted of 41 sections in total and
provides the whole process for conducting elections such as:

●Voting by electors under preventive detention

●Adjournment of the poll in emergencies
●Place and time for counting of votes
●Maintenance of secrecy of voting
 ●Recounting
●Production and inspection of election papers
●Copies of return of election
Sec-41 of this Act repealed the Presidential and Vice-Presidential Elections
Act, 1952.

Anti-defection Law, 1985

This law was introduced during the tenure of Rajiv Gandhi by the 52nd
Constitutional Amendment and is contained in the Tenth Schedule of the
constitution which is also known as the Anti-defection law. If a member of a
House belonging to a particular party voluntarily gives up the membership of
his political party or votes or abstains from voting, contrary to the directions of
his political party or if an independent member joins a political party after the
election then that particular member will come under the situation of defection.

The need for such a law was felt especially when a legislator from Haryana
named ‘Gaya Lal’ changed his party three times in a fortnight. After that
incident, it took 17 years for the Parliament to pass such a law. Under this law,
any member of a house will be disqualified by the Chairman or the Speaker of
the house if any complaint is received regarding that member with respect to
defection.

Election expenditure by a political party or a candidate

A political party or the candidate cannot spend on the election campaigns

according to their desires but there is a limit set by the Election Commission.
As mentioned in Rule 90 of Conduct of Election Rules, 1961 a party or a
candidate can spend between Rs 50 lakh to Rs 70 lakh depending on the state
for which they are going to conduct Lok Sabha elections. For conducting the
Assembly elections the limit for spending is between Rs 20- 28 lakhs.

The candidates are supposed to keep a separate account for their election
expenses and file it to the concerned authority. If the Election commission finds
out that the account filed by the candidate is wrong or they have spent beyond
the cap, then this will lead to their disqualification for up to 3 years
under Sec-10A of the Representation of People Act, 1951.
Universal Adult Suffrage

Article-326 of the Indian Constitution provides for the adult suffrage which
means that any citizen of India either male or female who is not less than 18
years of age has the right to vote. The rule of Adult Franchise was adopted
when the constitution of India was enacted in 1949 and was implemented in
1950. Initially before the enactment of the constitution voting rights were not
available to the women but the Motilal Nehru report of 1928 advocated
unlimited adult franchise and equal rights for women. Moreover, the minimum
age for a person to be eligible voting was 21 years during the implementation
of the constitution but after the 61st Amendment Act, the minimum age
required for voting has been changed from 21 years to 18 years.

Right to Vote

Right to vote has been enshrined in Article 326 of the Indian Constitution. The
right to vote is neither a fundamental nor a constitutional right but is merely a
statutory or legal right. This right came into existence because of the
constitution and accordingly, is enshrined in it but the right has been shaped by
a statute called the Representation of People Act, 1951.

Model code of conduct

It is a set of rules and regulations framed and implemented by the Election

Commission of India to be followed by the political parties and the candidates
during the conduct of elections. In order to make it more convenient for the
political parties and the candidates, the rules are divided into subcategories.

General Conduct

●No party or candidate shall indulge in any activity leads to the

expansion of the existing differences and hatred between different
castes or communities or religions.
●Activities which are related to ‘corrupt practices’ such as bribing of
voters, impersonation of voters, transport or conveyance of voters to
and from polling station shall be strictly avoided by the parties or the
candidates as these are regarded as offences under election law.
 ●An individual’s right to peace and undisturbed home-life shall not be
violated under any circumstances by way of protesting against their
opinions before their houses or by organizing demonstrations.
●The private property of an individual shall not be used without his
permission by the political party or candidate himself or by its
followers for pasting notices, suspending banners etc.
●The political parties or the candidate shall not use religion or communal
feelings of the public for securing votes for their party.

Meetings

●The schedule and the venue of the meetings shall be informed by the
party or a candidate to the police within a reasonable time so that
arrangements can be made for controlling the traffic and for
maintaining peace and order.
●If the use of loudspeakers or any other facility in the meeting requires
prior permission or license then the party or the candidate shall apply
for such licence or permission to the authority concerned.
●The organizers of the proposed meeting themselves shall not take any
action against a person or a group who is disturbing the meeting but
shall seek the assistance of the police.

Procession

●The time and the venue of the starting of the procession or a rally, the
route to be followed during the procession and the time and place
where it will end should be decided beforehand by the party or the
candidate and it should not deviate from the plan.
●Intimation to the local police authorities should be given within
reasonable time by the organizers so that they can make the
necessary arrangements.
●The procession shall try not to disturb the right of the people to the
road as much as it is possible and the police authority shall comply
with that.
●If a situation arises where two or more political parties or candidates
decide to take processions over the same route or some part of it,
then the organizers shall establish contact with each other and shall
adopt such measures which shall not cause and clash of the
 processions or any traffic hindrances. 

Polling day

All political parties and candidates-

●For ensuring peace and order during the poll day shall cooperate with
the officers on the election duty and therefore should ensure that
there is no obstruction in the exercising of the right to vote of the
people.
●Shall not serve or distribute liquor among the public on polling day and
during 48 hours preceding it.
●Shall provide with suitable badges or identity cards to their authorized
workers.
●Shall make sure that no unnecessary crowd is collected near the camps
set up by the political parties and candidates near the polling booths.

Polling Booth

No one shall enter the polling booths without a valid pass from the Election
Commission, except the voters.

Observers

The Election Commission appoints a particular set of observers to observe the

conduct of elections on the polling day. If any party or a candidate have any
issues or problems regarding the conduct of elections they may bring that
issue to the notice of the observer.

Amendments Of Election Laws :

The Election Laws (Amendment) Bill 2021, piloted by Law Minister Kiren Rijiju,
was passed by a voice vote after a brief discussion during which some
opposition members demanded that it be referred to a parliamentary panel for
scrutiny.
Here are 10 things to know about the Bill:

1) The Election Laws (Amendment) Bill, 2021 seeks to allow electoral

registration officers to seek the Aadhaar number of people who want to
register as voters for the purpose of establishing identity. The bill is set to the
tabled in the Rajya Sabha, or upper house, today for a debate.

2) The Bill seeks to allow electoral registration officers to seek Aadhaar

number of people who want to register as voters "for the purpose of
establishing the identity."

3) Further, it also seeks to allow the electoral registration officers to ask for
Aadhaar number from "persons already included in the electoral roll for the
purposes of authentication of entries in electoral roll, and to identify
registration of name of the same person in the electoral roll of more than one
constituency or more than once in the same constituency."

4) The amendment Bill makes it clear that "no application for inclusion of name
in the electoral roll shall be denied and no entries in the electoral roll shall be
deleted for inability of an individual to furnish or intimate Aadhaar number due
to such sufficient cause as may be prescribed." Such people will be allowed to
furnish other alternative documents as may be prescribed.

5) Additionally, it was notified that various sections of the Representation of

the People Act will be amended. The Statement of Objects and Reasons of the
Bill states that Section 23 of the RP Act will be amended to allow linking of
electoral roll data with the Aadhaar ecosystem "to curb the menace of multiple
enrolment of the same person in different places."

6) Amendment to Section 14 of the RP Act will allow to have four "qualifying"

dates for eligible people to register as voters. As of now, January 1 of every
year is the sole qualifying date. People who turn 18 on or before January 1 can
register as voters. Those turning 18 after that have to wait for one whole year
to register as voters.

7) Now, "the 1st day of January, 1st day of April, 1st day of July and 1st day of
October in a calendar year" will be the qualifying dates in relation to the
preparation or revision of electoral rolls.

8) Amendment to Section 20 of the RP Act, 1950 and Section 60 of the RP Act,

1951 will allow the elections become gender neutral for service voters. The
amendment will also help replace the word "wife" with the word "spouse"
making the statutes "gender neutral." While, an Armyman's wife is entitled to be
enrolled as a service voter, but a woman Army officer's husband is not,
according to provisions in the electoral law. With "wife" being replaced by the
term "spouse," this will change.

9) Meanwhile, the opposition has been attacking the government for its
passage in the Lok Sabha. The opposition parties want the bill to be sent to a
standing committee. Opposition parties must resolutely resist the electoral
reforms Bill from being bulldozed in Rajya Sabha. Members of Parliament were
not given time for discussion, the CPI(M) said in its statement.

10) The CPI(M) said in a statement have insisted that this Bill has the danger
of violating both secrecy of the vote undermining the principle of secret ballot
and the fundamental right to privacy of the voter. The politburo of the CPI(M)
have condemned the manner in which important changes in the electoral laws,
which have far-reaching consequences, have been rushed through Lok Sabha
and passed in a din, it noted.

Important Events and Emergency Provisions in Indian Constitution

Emergency in the Indian Constitution can be differentiated as National

Emergencies, State Emergencies, and Financial Emergencies. Part XVIII of the
Constitution contains the emergency provisions in India.

● Article 352 demarcates the National Emergency: According to Article

 352, the President may declare an emergency when the region is under a
state of attack, external intrusion, or internal rebellion. Though such a
declaration could only be made in the presence of the legislative house
and further supported by each chamber, the emergency was withdrawn
after a month of announcement.
The first emergency in the Nation was declared during the war with China,
which lasted between 1962 and 1968. After that, the most contentious
emergency was declared due to internal conflict by Smt. Indira Gandhi.

● State Emergency has been included in Article 356: Article 356 marks
out that the President can declare a state emergency on receipt of briefs
by the Governor of a particular state or by the President’s observation on
degrading mechanisms of the state. Thirty-five instances of President
rule have been recorded under the rule of Smt. Indira Gandhi.
● Financial Emergencies are in Article 360: The President can declare
financial emergencies if convincing evidence of an unstable economy
and credibility is encountered. Executive and legislative factors play a
central role in declaring a financial emergency. According to Article 360,
a corresponding proclamation will be withheld during the entire
emergency period. Financial emergency has never been declared in India.
The 44th Amendment changed the picture of emergency provisions in the
Indian Constitution that restricted the executive’s unjust influence as previously
done in 1975. The “internal disturbance” is replaced by “armed rebellion.” It is
also clearly stated that direct communication between cabinets must occur to
declare an emergency. Moreover, the residents should be re-approved every six
months to proceed with the emergency. Finally, the state of emergency can be
annulled by a simple majority of the Houses.

Types of Emergency

Part- XVIII of Indian Constitution deals with the Emergency provisions i.e.
Articles 352 to 360. There are three types of Emergencies mentioned in the
Constitution. The power of imposing all three types of Emergencies is vested
upon the President of India. The concept of Emergency was borrowed from the
Weimar Constitution of Germany. The three types are as follows –

1. Article 352 – National Emergency

2. Article 356 – President’s Rule
3. Article 360 – Financial Emergency 
Grounds for the Proclamation of Emergency

National Emergency

Grounds for the proclamation of National Emergency are as follows:

War

When a country declares a formal war against India and there is a violent
struggle using armed forces, the President of India may impose National
emergency. 

External Aggression

When a country attacks another country without any formal declaration of war.
It is a unilateral attack by any country towards India. In such circumstances, the
President of India may impose a National emergency.

Armed Rebellion

Emergency due to the armed rebellion may be imposed by the President of

India when a group of people rebel against the present government which will
lead to the destruction of lives and property.

State Emergency 

Grounds for the Proclamation of the State Emergency is a failure in the

Constitutional machinery of the state. In this Emergency, when Governor of the
state is satisfied that the State is not functioning in accordance with the
Constitutional provisions then he may write his report to the President of India.
And the President, if satisfied by the report, may impose the President’s rule.
After that, the President will become the executive head of the state.

Financial Emergency
Grounds for the Proclamation of the Financial Emergency is that when a state
arises in the Country which leads to a financial crisis in India, the President of
India may impose emergency to tackle the situation. In this situation, the
Central Authority may reduce the budget or cut the budget given to the State,
salaries of the Government officials may be deducted.

Reason for Emergency in India

National Emergency

Article 352 deals with “Proclamation of Emergency” or “ National Emergency”.

The President of India has the power to declare an Emergency in India or any
part of India by making a Proclamation. Under this Article, if the President is
satisfied that a grave emergency exists in India due to which there is a threat to
the security of the nation, he may declare Emergency on the grounds of-

1. War
2. External Aggression
3. Armed Rebellion 
The word “Armed Rebellion” was substituted for “Internal Disturbance” by the
Forty-fourth Constitution Amendment Act, 1978. 

National Emergency has been imposed three times in India so far. The time
period in which this happened was from 1962-1977. Brief description of the
emergencies are as follows –

An emergency was imposed at the time of Indo-China war by the then

President of India Dr Sarvepalli Radhakrishnan on the ground of external
aggression from October 26, 1962, to January 10, 1968. 

External Aggression means when a country attacks another country without

any formal declaration of war. It is a unilateral attack by any country towards
another country. For example – If a country attacks India without any formal
declaration of war, in such a scenario, the President of India may impose a
National Emergency.

Again, an Emergency was imposed from December 3, 1971, to March 21, 1977,
by the then President of India Mr V.V. Giri during the Indo-Pakistan war. The
reason was the same as above i.e. external aggression.

The third Emergency was imposed due to a clash between Legislature and
Judiciary. Mrs Indira Nehru Gandhi, the then Prime Minister of India with the
permission of the then President Fakhruddin Ali Ahmed declared an
emergency. It was imposed for a period of 19 months from June 25, 1975to
March 21, 1977.

State Emergency

Article 356 deals with State Emergency or President’s Rule in the State
(“Provisions in case of Failure of Constitutional Machinery in States”). The
President of India has the power to proclaim State Emergency when he
receives a report from the Governor of that particular State explaining that the
situation in the State Government is such that they cannot carry out the
Constitutional provisions.

President’s Rule has been imposed on the State of Jammu and Kashmir for six
years and 264 days from January 19, 1990, to October 9, 1996. The State has
always been a target for many external elements. The Indian Government
imposed President’s Rule to control the situation of Jammu & Kashmir which
was facing a military threat from Pakistan.

Punjab was under the President’s Rule for 4 years and 259 days from June 11,
1987, to February 25, 1992. The reason for imposing President’s rule in Punjab
was the control of Khalistan Commando Forces which was a Sikh organisation
which was involved in the genocidal attack on Hindus.

Till January 2016, the President’s Rule has been imposed 124 times in India.
During Indira Gandhi’s regime, the President’s Rule was invoked for maximum
time. The President’s Rule under her cabinet was imposed 35 times in various
states.

The case S.R Bommai v. Union of India[2] is a landmark case in respect of

imposing President’s Rule in any State. The case laid down the power of the
Union Government in relation to the State Emergency under Article 356 of the
Indian Constitution. Judicial Review of the President’s Rule was made possible
by this case. While giving the judgement, the court depended on Sarkaria’s
Commission Report, 1987.
President’s Rule can be judicially reviewed and the President becomes
answerable only when the Emergency is imposed in certain cases, which are:

1. When there is Constitutional non-conformity by the State with the

direction of Union
2. When there is a political crisis in the State.
3. When there is an internal subversion in the State

Source:https://bit.ly/2OdQUlL

Financial Emergency

Article 360 deals with “Provisions as to Financial Emergency”. Financial

Emergency is imposed by the President when there arises any situation which
causes a financial threat to India or any part of India.

Financial Emergency has never been imposed in India. However, in 1990, the
possibility of financial emergency emerged but the situation was controlled by
the Indian Government as in July 1991 the Reserve Bank of India pledged 46.91
tonnes of Gold with Bank of England and Union Bank of Switzerland to raise
$400 million.

Emergency Provisions

1. Article 352: Proclamation of Emergency.

2. Article 353: Effect of Proclamation of Emergency.
3. Article 354: Application of provisions relating to the distribution of
 revenues while a proclamation of emergency is in operation.
4. Article 355: Duty of the Union to protect States against external
aggression and internal disturbance.
5. Article 356: Provisions in case of failure of constitutional machinery
in State.
6. Article 357: Exercise of legislative powers under Proclamation
issued under Article 356.
7. Article 358: Suspension of provisions of article19 during
Emergencies.
8. Article 359: Suspension of the enforcement of the rights conferred
by Part III during emergencies.
9. Article 360: Provisions as to Financial Emergency.

Article 352

Article 352 (Part XVIII) talks about “Proclamation of Emergency”. 

Clause 1 states that National Emergency may be imposed by the President if

he is satisfied that there exists a grave situation due to which there is a threat
to the security of India or any part of the territory because of:

●War
●External Aggression
●Armed Rebellion
The proviso of Clause 1 states that an Emergency may be proclaimed by the
President even when there is no actual occurrence of war, external aggression,
and armed rebellion. In this case, the President must be satisfied that there is
an imminent danger. 

Clause 2 states that another Proclamation may be issued to revoke and to

make any variation in the previous Proclamation. 

Clause 3 states that the President of India may declare an Emergency when
Union Cabinet (Council of Minister headed by the Prime Minister) advice to him
in writing. 

Clause 4 states that before issuing Proclamation it is required to be placed

before both the Houses of Parliament and shall end its effect at the expiration
of one month unless both the Houses of Parliament approve it by resolution
before the expiration of the said period. 

Clause 5 states that proclamation approved in the second resolution shall have
an effect up to six months and on expiry of six months, it will end to operate
unless it is revoked in between the period. 

44th Constitutional (Amendment) Act, 1978

The imposition of Emergency stressed the legislature to think again about the
Constitutional provisions that provide power to the executive to supersede the
judiciary hampering the basic structure of the Indian Constitution.

Under Article 352, the amendment had substituted the ground of “Internal
Disturbance” with “Armed Rebellion”. The President is allowed to impose
emergency only when the Union Cabinet communicates to him in writing about
their decision.

The Proclamation is required to be approved by both the houses of Parliament

by resolution within a month instead of two months by a total majority of the
membership of each house of Parliament and by the ratification of not less
than 2/3rd members present and voting in each house instead of a simple
majority.

Under Article 356, the period for extension of a Proclamation from one month
has been amended to six-months. Proclamation in the first instance can only be
exceeded for six months.

Effect/ Consequences of Proclamation of Emergency

Effects of national emergency

The declaration of National Emergency effects both on the rights of individuals
and the autonomy of the states in the following manner:

1. The most significant effect is that the federal form of the Constitution
changes into unitary. The authority of the Centre increases and the Parliament
assumes the power to make laws for the entire country or any part thereof,
even in respect of subjects mentioned in the State List.

2. The President of India can issue directions to the states as to the manner in
which the executive power of the states is to be exercised.
3. During the emergency period, the Lok Sabha can extend tenure by a period of
1 year at a time. But the same cannot be extended beyond 6 months after the
proclamation ceases to operate. The tenure of State Assemblies can also be
extended in the same manner.

4. During emergency, the President is empowered to modify the provisions

regarding distribution of revenues between the Union and the States.

5. The Fundamental Rights under Article 19 are automatically suspended and

this suspension continues till the end of the emergency.

But according to the 44th Amendment, Freedoms listed in Article 19 can be

suspended only in case of proclamation on the ground of war or external
aggression. From the above discussion, it becomes quite clear that emergency
not only suspends the autonomy of the States but also converts the federal
structure of India into a unitary one. Still it is considered necessary as it equips
the Union Government with vast powers to cope up with the abnormal
situations.

Effect of State Emergency

The declaration of emergency due to the breakdown of Constitutional
machinery in a State has the following effects:
1. The President can assume to himself all or any of the functions of the State
Government or he may vest all or any of those functions with the Governor or
any other executive authority.
2. The President may dissolve the State Legislative Assembly or put it under
suspension. He may authorise the Parliament to make laws on behalf of the
State Legislature.
3. The President can make any other incidental or consequential provision
necessary to give effect to the object of proclamation.
Effects of Financial Emergency

The proclamation of Financial Emergency may have the following

consequences:
1. The Union Government may give direction to any of the States regarding
financial matters.
2. The President may ask the States to reduce the salaries and allowances of
all or any class of persons in government service.
3. The President may ask the States to reserve all the money bills for the
consideration of the Parliament after they have been passed by the State
Legislature.
4. The President may also give directions for the reduction of salaries and
allowances of the Central Government employees including the Judges of the
Supreme Court and the High Courts.
Effects of Proclamation of Emergency on the Fundamental Rights

• Federal laws will overrule state legislation, and the Union is empowered to
govern areas (eg. Policing) that are normally devolved to the states.

• The Union is also empowered to take over and completely control the
taxation and budgetary revenue processes. Under financial emergency, the
Union is empowered to have the final say in the promulgation of financial acts
approved by the state legislature.

• The Union may decide to suspend some or all of the fundamental rights
guaranteed by Part III (Articles 12 through 35) of the constitution - which
include:

§ freedom of equality before law

§ freedom of speech and expression

§ freedom to assemble peacefully

§ freedom for movement across Indian territory

§ freedom to practice any profession, occupation, trade or business.

§ freedom to practice or propagate religion.

• Further, the right to challenge the suspension of the above mentioned rights
(the right to constitutional remedies) may also be suspended. However, this
provision will not cover the suspension of Articles 20 and 21 which govern
rights to personal liberty, Right to silence, freedom from double jeopardy and
freedom from unlawful arrest and detention. Any individual who deems that his
rights under these categories have been suspended unlawfully, can challenge
the suspensions under a court of law.

• The Union may decide to dismiss the legislative functions of a state

legislature and impose federal law for a period of six months. This state of
suspension may be renewed at the end of this period under the vote of
Parliament (indefinite number of times) until such a time when the Election
Commission of India can certify the feasibility of holding free and fair elections
in the state to reconstitute the legislature.
• Any order to the above effects however, should be passed by the House of
Parliament "as soon may be after it is made".

UNIT V DIRECTIVE PRINCIPLES & FUNDAMENTAL DUTIES