-

Constitutional History

Background

Charter from Queen

Charter
established

law made by an authorised

legislature for an area widespread corruption and EIC to trade with India
in form of led to
Acts Regulation under reported their
determines wealth to even the Crown lly
tua
en
aim led to ev

form of govt, power, annexed large parts of India

control of British Parliament
jurisdiction, etc
over affairs of company

British administrative divisions

Eg. Bombay, Bengal , etc Eg. Kashmir, Hyderabad, etc

( earlier called as
presidencies ) Provinces Princely States

(60%)
under

under
(40%)

direct Britsh A “king” who was

Control subordinate to the British

Page 1-1
Constitutional History ( Pre 1857 ) Answers

The First … 1. Charter act of 1813

redesignated assisted by Mnemonics

2. Act of settlement , 1781
( use the underlined word to recall the name )
Gov of Bengal Gov General of Bengal Executive Council ( 4 members ) (Also known as Amending
as Act)
made subordinate to First Governor General of
3. The warrant of Bengal
Bengal ( 1773 ) 3. Warren Hastings
Gov of Bombay and Madras
4.William Bentick
First Governor General of 4. First GGoI was like a
India ( 1833 ) bent-stick 5. Lord Canning
Court of Directors of Co. Regulating Act of 1773 Co. servants →not to engage
↓ in pvt trade / accept bribes First Viceroy of India
to report to British 5. First Viceroy walked with a cane
( 1858 )
Govt established SC at Calcutta

Questions
Pitt’s India Act ( 1784 )
1. Which act deprived the
commercial affairs→ by EIC EIC of monopoly of trade
• Double
in india for the first time ?
Govt political affairs → by Board of Control
( A new body → appointed by British govt )
2. which act was passed
to rectify the shortcomings
• Co.’s territories → called British possessions for the first time of 1773 act ?

Charter Act of 1853

Charter Act of 1833
GG’s Council
G.G. of Bengal
separate open competition started
made opened to Indians

G.G. of India Executive functions Legislative functions

Civil services
A Centralised Govt of all 6 new members Indian ( central )
British territories in India ( legislative legislative council
councillors ) → added
Macaulay committee appointed
exclusive All civil /
legislative power military powers local representation

• EIC → no more commercial

body ; only administrative 4 of them to be appointed by local govts of
Agra , Bombay , Bengal , Madras

Imp. : A distinction was made in the executive and legislative functions of GG. Also : EIC’s rule was extended but no period was specified implying its rule could be terminated anytime.
A law member was introduced whenever council met for legislative purposes.
Page 1-2
 ⬆ ⬆ ⬆
Constitutional History ( Post 1857 )

GoI Act , 1858

GGoI - redesignated as Viceroy

Indian Councils Act , 1909
direct representative of
Legislative Councils Indians appointed to executive
All powers of govt - transferred from EIC to Crown
councils ( 2. Who was the first ? )
rule through
Central Provincial
first time
Assisted by 15 member secretary of state ( A British
advisory council cabinet member ) size and fns size and fns

Officials’ Non- officials’ Separate electorate for muslims

“The Act for the good govt of India”
majority retained majority introduced
Indian Councils Act , 1861 Morley - Minto Reforms

• Viceroy’s (6-12) additional half → non- officials

council expanded members GoI Act , 1919
Division of subjects of adm
associated with legislation could be Indians ( 1. who were Other Points
for the 1st time the first 3 to be appointed ? ) Dyarchy
• 3 of 6 members
Central Provincial
transferred → adm by governor with aid of executive
• decentralisation • during emergency council → to be
of legislative council
subjects of all Indians
provincial divided into
india level like subjects
restored legislative powers to • extension of
Viceory could issue railways,etc reserved → adm by governor and exec separate electorates
ordinances without council without aid of legi council
provincial budget to → Sikhs ,
consulting legislative
Bombay central budget to be enacted by Christians , Anglo
Madras council
own legislature Indians
majority chosen by
upper house direct election • A central public
Indian Councils Act , 1892 service commission
legislative council replaced by bicameralism established
some non officials - could be appointed on recommendation
lower house franchise to ltd no. of
of lower bodies ( element of “election” introduced )
ppl based on criteria
like property,etc
discuss budget
Montagu - Chelmsford Reforms
Central and provincial
Legislative Councils Answers
functions and powers
1. Maharaja of Patiala
Raja of Benares
no. of additional members Sir Dinker Rao

address Qs ⇓ 2. Satyendra Prasad

to executive Sinha as Law
no. of Indians too member
Page 1-3
Constitutional History ( Post 1857 ) Answers

1. Depressed Classes
GoI Act , 1935
and Workers
provinces
All India federation→units 2. 10% of population
bicameralism → in 6 provinces
princely states → refused to join
3. Burma
federation could not actualise provincial autonomy
replaced dyarchy 3. separated from India ? India Independence Act , 1947
with federal , provincial and 4. Orissa and Sind
concurrent lists ( residuary • end of British rule
5. Liaqat Ali Khan
powers to viceroy )
4. New provinces ? • provided for partition 6. Asaf Ali
Dyarchy at centre → but • princely states - given option 7. C.Rajagopalachari
All India proposals Provinces
could not be realised to join either dominion
8. R.K.Shanmugham
Provisions • Constituent Assemblies → Chetty
Provinvial Public free to frame any constitution
extension of separate Service Commission 9. Dr John Mathai
electorates → to who ? (1) Elections New bodies
10. Maulana Abul
Kalam Azad
Federal Court
Franchise → extended 11. B.R.Ambedkar
to… ? (2) RBI
12. Raj Kumari Amrit
Kaur

For state PSCs especially , the important

members of the interim govt and first
cabinet of free india ( FCFI ) are important

Members who held same portfolio in both govts

Other Imp portfolios in FCFI ( 1947 )
External Affairs and
commonwealth relations ( + 8. Finance ?
J L Nehru Other Imp portfolios in Interim Govt ( 1946 )
PM and scientific research in
FCFI ) 5. Finance ? 9. Railways and Transport ?

Home , I & B ( + states in 6. Railways and Transport ? 10. Education ?

Vallabhbhai Patel
FCFI )
7. Education & Arts ? 11. Law ?
Rajendra Prasad Food & Agriculture
12. Health ?
Jagjivan Ram Labour

Sardar Baldev Singh Defence

Page 1-4
Preamble
Qs from Preamble come
Use this to recall the complete preamble often and one should try
people are the source of authority for the constitution to remember the
3. first country to use a preamble .. ? people complete preamble .
4. based on objectives resoltuion moved by .. ? Use our ideas in this
SoSoSe DeaR sheet to master the
WE, THE PEOPLE OF INDIA, preamble
comprehensively
Nature of the Indian state J → SEP
1. Which 2 words added by Demo : representative Objectives
of the JaLEFi L →TEBFW
the 42nd CAA’ 1976 ? parliamentary democracy ( political Constitution
Answers
having solemnly resolved to as well as social and economic ) E → S&O
constitute India into a 1. Socialist , Secular
Sov : independent state
SOVEREIGN SOCIALIST F
( internally and externally )
SECULAR DEMOCRATIC 2. Integrity
REPUBLIC Rep: elected head of state Individual→dignity
Soc : democratic socialiasm ( president ) , political sovereignity 3. USA
( based on mixed economy ) unity
with people and no privileged class Nation 4. JL Nehru
Sec : positive i.e. equal status and
integrity
support from state for all religions SJ : equal treatment of all citizens without
and to secure to all its citizens: social discrimination on any ground 26/11/49
Secured by FRs and DPSPs
JUSTICE, social, economic
EJ : elimination of inequalities in income , wealth
Idea from : Russian revolution and political;
PJ : equal political rights

no restraints on individual activites

Secured by FRs and opportinity for development
LIBERTY of thought, expression,
belief, faith and worship;
Idea from : French Revolution subject to certain limitations

An integral part of Constitution

no privileges to anyone ;
Berubari case ( 1960 ) : preamble - not an integral Secured by Art (14 to EQUALITY of status and of equal status and
part of constt but can be used for legal interpretation 18) ; 39 ; 325 and 326 opportunity; opportunity to all ( civic ,
political and economic )
non-enforceable / non IT IS an integral
part of constt sense of brotherhood
justiciable in court and to promote among them
Secured by FR , DPSP , FD dignity of the individual
all FRATERNITY assuring the
but dignity of the individual and Secured by single citizenship and Art 51A
Keshwanand Bharti case -
rulings on preamble the unity and integrity of the
Secured by Art 1 and FD unity and integrity Nation; 2. Which word added by 42nd CAA ?

can be used for legal IN OUR CONSTITUENT ASSEMBLY this

interpretations if a twenty-sixth day of November, 1949, do
Adopted on 26/11/1949
statute is ambiguous HEREBY ADOPT, ENACT AND GIVE TO
( but commencement on 26/1/1950)
OURSELVES THIS CONSTITUTION.
Page 1-5
 Making of the Constitution
Composition of CA
Total Strength (389)
no. of seats to
Constituent Assembly (CA) → A purpose each province/
framing a constitution
representative body elected by people p.st. → in
British India Princely States
proportion of their
(296) (93) population ( 1
seat ≡ 1 million
CA of India : A broad Timeline people )
to be nominated by
demands for constitutional 11 Governors’ 4 Chief
Since GoI Act, 1919 reforms in various ways Provinces Commissioners’
(292) heads of p.st.
Provinces (4)

Simon Commission ( 1927 ) No Indians appointed !

( To study constitutional reforms) members of that community in PLAs
further division of seats ( in proportion
of population of communities )
elected by
Nehru Report (1928) Memorandum outlining a new
( Chairman - M.L. Nehru ) constitution of India each community’s representatives
Muslim Sikh General

White paper on Constitutional

No provision for CA
reforms (After 3rd RTC)
3. Hindus 6. Time Consuming 1. Representative

First time an explicit demand

1934 → CWC demand for CA DOMINATED BY Criticism of CA NOT
for CA based on adult suffrage 4. Congress
explained
tried to satisfy Indian in video 2. Sovereign
GoI Act, 1935
aspirations but failed 5. Lawyer/Politicians
Counter Arguments

Lucknow session of Congress 1. It was not based on adult franchise but still elected by PLAs which were elected by the people.
reiterate demand for CA
(1936)
2. It was created by British but that was needed because they were effectively in command and in a position to bring together
WORLD WAR - 2 starts disparaging sections. Besides, once formed, CA functioned independently.

demand for CA accepted in 3. Every section was given representation proportionately. Hindus, being in majority naturally had more representation. However,
August Offer (1940) this fact didn’t come in the way of forming a constitution that was secular and took care of every section of the populace.
principle
4. Congress led the INM from front and its leaders had secular credentials and were the best bet for making a progressive
draft proposal on framing new constitution constitution. This reflects in the constitution that was eventually formed.
Cripps Mission (1942)
after WW2 by Indians themselves
5. Although many members were lawyers by profession, they had participated in INM and understood the needs of the people
and society at the grassroots level

Cabinet Mission Plan (1946) accepted and CA framed on its basis 6. To make sure that the constitution took care of interests of a vast and multi cultural country , it ended up being lengthy.
Consequently, it took some time.
Page 1-6
 Making of the Constitution
Answers

1. JL Nehru

2. Seven
moved by ? (1)
3. Dr Ambedkar

shaping of influenced modified form

4. 395 articles,
constitution
Objectives Resolution Preamble
Members from Pakistani areas A legislative body 8 schedules
wit n ally and the
hd itio
ra w dd
al a preamble
Justice (SEP), Equality (of All power and of ca me
be
S&O), Freedom (of TEBFW) authority
Change in CA by Indian

deriv
ct to

Independence Act’ 1947

Some key points

ed fr
subje

made
om
law and public morality Safeguards for people
Sovereign

backward/tribal areas minorities backward/depressed classes

A timeline of Constitution enactment

2. how many members?

Articles needed for

Drafting Committee immediate functioning
like citizenship, etc
9
3. Chairman ? ov'4
hN
26t
proposal from various adopted on
committees formed by the CA discussion and reading 26th Nov’ 1949 enforcement
26th
Ja n
' 50

All remaining provisions

first draft (Feb’ 1948) final draft (Nov’1948) enacted ( and IIA’47 and
4. How many articles
GoI Act’35 were repealed )
and schedules?
suggestions incorporated
discussion in CA second draft (Oct’ 1948)

(The other data related to this topic are covered in the interactive exercises)
Page 1-7
 Some basic terms and important data
Schedules of Constitution
State (4 elements) These are lists in the constitution that categorise and
Nation
tabulate bureaucratic activities and policies of the govt.
A human population occupying a definite territory with an A group of people who feel bound into a single
use the following hints to recall the various schedules of
organised government which has complete sovereignty body by shared culture, values, religion, constitution as explained in the video (These are also given
language, etc . Basically, it means a sense of in your exercises as flash cards)
Does this definition apply on Indian states ? belonging and fraternity shared by everyone.
Cross - check
Mnemonics
The states of India are not independent and are a part 3. Oaths
Country 1- sun
of the Indian union and subject to Indian constitution. 6. Tribal areas of ATMm
2- shoe
11. Panchayats
is used interchangeably with State. 3- tree
To distinguish between these two different 1. Names of States/UT
4- door
uses, a convention is followed… 8. Official languages
5- hive
4. RS seat allocation
Government 6- sticks
10. Anti defection
The word ‘state’ Whereas, it’s not It’s temporary, whereas State is 7- heaven
5. Scheduled areas/tribes
is capitalised capitalised when It is a body/system through permanent. 8- weight
2. Emoluments of …
when referred to referring to a which the collective will of 9- wine
7. The lists
as a sovereign political subdivision the people/state is formed, 10- hen
All citizens are part of the 12. Municipalities
political unit ( e.g. of a State (e.g. the expressed and executed. 11- P
State but only a few are 9. Laws shielded from
India is a State ) state of Sikkim) 12- M
part of the government. J.review

Clause / Sub-clause Borrowed Features

Various aspects of an articles are divided into clauses These are visual learning aids for some of the important borrowed features of our constitution. Learning
which are further divided into sub-clauses, if needed aids for other features are given in the interactive exercises.

e.g.
Bicameralism
FUndamental Duties Federation with strong Centre d IRE ctive P.S.P.
Art. 1. Name and territory of the Union. — Rule of law
S A L
Ju S tice (SEP) I A
(1) India, that is Bharat, shall be a Union of States. N
R Parliamen T ary System N ominations to RS
A
A D
clauses (2) The States and the territories thereof shall be as D
specified in the First Schedule. FUndamental Rights A I
S N
(3) The territory of India shall comprise— A
J. Review
( a ) the territories of the States; Republic, Liberty, Equality and FR aternity
JUdiciary J. Independence
Concurrent A
( b ) the Union territories specified in S
sub-clauses Removal of SC/ Austra LI a N
the First Schedule; and A
HC judges ST C
E
( c ) such other territories as may be
acquired. Page 1-8
 Union and its Territory
Answers

1. Cession of Indian
not an agreement among states territory to a foreign
Indian Union nation
Article. 1. Name and territory of the Union. — tes (don’t have right to secede)
deno ↕
no consensus in 2.To do this constt
CA on a single name (1) India, that is Bharat, shall be a Union of States.
has to be amended
(2) The States and the territories thereof shall be as Territory of India v/s Union of India according to Art.368
specified in the First Schedule.
consists of consists of
(3) The territory of India shall comprise—
this The learning aids to
states of India memorise the
( a ) the territories of the States; +
UTs + acquired territories articles are given in
defined on basis of the interactive
( b ) the Union territories specified in exercises
defined on basis of
the First Schedule; and
membership according to
Being sovereign, India can ( c ) such other territories as may be external sovereignty division of powers
acquire foreign territories acquired.

Difference between
Article 2. Articles 2 and 3 Article 3.
↓
formation of
Admission/establishment of From new ones
Before convers
new states by Union ion, these are
NOT part of These ARE part of exisitng
Union of India states
area
a territory raised to state raised to acquired
separated foreign 1. but not ? changes in boundary
Size of Union Only changes in
raised to

from a state territory rises by these existing part of the name

additions Union

UT
Article 4.

Laws for 2. What about cession of Indian

can be passed by
simple majority territory to a foreign state ?
not considered as
So, But,

amendments under Art. 368

Page 1-9
 Union and its Territory

BG : Demand for reorganisation of

Process of state reorganisation under Article 3 ( but not one states on linguistic lines
language-one state )
Bill for reorganisation reorganise on basis of
administrative convenience
referred by President to
S K Dhar and not language
language as 1948
not needed in views not binding
case of UT on President basis of
accepted 1953 Commissions for
reorganisation Fazl Ali Com.
Legislature(s) of reorganisation of states
with other 1949
state(s) concerned led
suggestions to
a pp
oin
tm
JVP rejected language as basis of
e nt reorganisation
of
President’s Recommendation ba
se
d
on
it demand Formation of More protests followed culminating into
led to led to
Bill introduced in Parliament from others Andhra from the death of Potti Sriramulu who was on
as well Madras a hunger strike for separate Andhra

States Reorganisation Act’ 1956

replaced with
Part - A, B, C, D States 14 States and 6 UTs

This is explained in the video lecture

Just observe how the areas have changed and focus more on the 1956 map .
Don’t try to memorise it. You just need to be aware of it all. Not mug it up.

The other information related to

Union and its territory are covered
in the interactive exercises

Page 1-10
 Citizenship

Citizenship Aliens Pre - 26/11/49

(Citizens of another state) 5-8 identify 4 categories of people who became citizens of India on 26 jan 1950
l at
ia wa
rd
Full political co r
Indians
membership of a state Art.5 : citizenship on 26th Jan 1950 :
friendly enemy
Everyone domiciled in Indian territory
British British AND
Rights & Duties &
Privileges Obligations Subjects Protectorates born in India
some civil/ lesser rights satisfy
pledges loyalty to → political rights (e.g. Art. 22 not anyone any parent born in India
Citizen State applicable)
← protection to individual 26/11/49 : Indian Citizenship 1. resident since/before ?
brought into force

Art.6 : Migrants from Pakistan

Domicile : Resident citizen if → she/parents/gr.parents born in undivided India

permanently AND intends to AND
HC reside permanently
SC 2. migrated before … ? considered citizen
satisfy
anyone
5. which citizens ? 2. migrated after … ? → needs to stay min.
Judge
Remembering the Articles 6 months and then get herself registered
Attorney General President
Domiciled migrants from and to become PIO
eligibility to hold V.P. 5 6 7 8 Art.7 : 3.Migrants to Pak after ? → but returned
public office
Advocate General Governor
of a state needs to get registered as if
migrated after 19/7/48 as in Art.6
Rights and privileges to citizens Answers
by constitution ( not to aliens ) 4. F. Rights ? Art.8 : PIO residing outside India
(1) 26 jan 1945 (2) 19 Jul 1948 (3) 1 Mar 1947

(4) 15 , 16 , 19
citizen if → she/parents/gr.parents born in undivided India
voting rights 29 , 30 AND
get registered → by diplomatic/consular representative
(5) Citizens by birth as well as naturalised ( USA → only the ones of India in that country
right to contest for LS by birth are eligible )
explained in video lectures
State LA

Page 1-11
 Citizenship

Art.9 : persons voluntarily Single Citizenship in India Answers

acquiring citizenship of a
Remembering the J&K : state legislature is empowered to under Art.19 rights of outsiders 1. Article 16
foreign state not to be
Articles define its permanent residents and confer to access tribal areas can be
indian citizens certain rights and privileges on them restricted 2. Double citizenship in
9-wine → foreign wine USA andf Switzerland .
Art.10 : rights of Single citizenship in
citizenship→not to be taken 10-hen → no butcher can Canada
take away rights of hen exceptions
away from a citizen ( except : 3. > total 182 days
As Art.15 doesn’t mention residence
through parliamentary 11- tight → Parliament
Pt can prescribe residence within a as ground of discrimination , a state
legislation ) has a tight hold on 4. 2010
state/UT as condition for certain can give special benefits to its
citizenship laws
employments ( 1. under which article ?) residents that don’t come under the 5. agricultural
Art.11 : Parliament - to have purview of rights granted by the properties
power to make provisions constitution
on all matters of citizenship 6. 6 months
( including acquisition /
termination ) (2) USA and Switzerland → what kind of citizenship ? Canada ? 7. PIOs from
Afghanistan,
Bangladesh, Bhutan,
China, Nepal, Pakistan
and SriLanka can’t
apply for PIO Card

NRI PIO OCI

•An Indian citizen •A foreign national
staying abroad for • NOT an indian citizen but
employment , etc for →held indian passport in past
( 3. how many days ? ) →or she or anyone upto her great grandparents eligible for citizenship belonged to an Basically, any PIO
in a financial year. ( 4 generations ) was born and permanent on 26 Jan 1950 or acquired territory other than from Pak/
resident of undivided india or acquired territories became one after that after 15 Aug 1947 BD is eligible to apply
→spouse of a citizen/PIO ( or their children/grand children / minors ) for OCI Card
⇓
⇓
can apply for PIO card (7.except?)
can apply for OCI
• Having voting rights
( 4. since when ? ) • don’t have voting/political rights • don’t have voting/political rights

• Can maintain bank • get same facilities as NRIs in economical , • get same facilities as NRIs in economical , financial
A/C , invest in indian financial and educational fields ( 5. but not in ? ) and educational fields ( 5. but not in ? )
companies and
immovable properties • visa : 6. For PIO Card holders, no need upto ? • visa : multiple entry ; multipurpose ; lifelong
including agricultural ( thereafter : registration needed ) ( exempted from reporting to police for any length of
properties stay )

Other details related

Citizenship (Amendment) Bill’ 2015 has merged the PIO and OCI schemes into a single OCI Cardholder scheme
to this topic are
and the facilities of life long Indian visa and exemption from police reporting after 6 months has been extended to covered in the
the earlier PIO Card holders as well. interactive exercises

Page 1-12
 Citizenship

(Amended 8 times as of 2017)

Citizenship Act 1955 Answers
Acquisition Loss of Nationality by 1. 19
By Birth
Born in India Renunciation Deprivation by issuing of an order by Termination automatically in 2. India as defined in GoI Act,
26 Jan 1950 - 1 July 1987 → citizen ( notwithstanding nationality of parents ) by declaration GoI ( in cases of acquiring citizenship case she acquires 1935
on or after 1 July 1987 → citizen → only if EITHER parent was also a citizen by fraud ; unlawful acts ; staying citizenship of another
from 3rd Dec 2004 → citizen → only if BOTH parents are citizens (OR) outside for > 7 yrs continuously , etc ) country voluntarily 3. permit system for migration
was introduced on this date
1 parent is a citizen and the other is
not an illegal immigrant 4. children of foreign
Natural Important data
Citizens diplomats and enemy aliens
Born outside India
5. An illegal migrant
26 Jan 1950 - 10 Dec 1992 → is a citizen → if FATHER was a citizen
on or after 10 Dec 1992 → is a citizen → if EITHER parent was also a citizen Articles
6. war
• Corporations are not citizens and cant claim rights under Article (1)_____ ?
from 3rd Dec 2004 → Birth must be registered at indian consulate within
1 year ( or with permission from CG after 1 yr ) • “Undivided India” refers to (2)____? 7. after attaining 18 years of
By Descent age
• (3) What is the significance of 19 july 1948 in Art. 6 ?
By Registration 8. PIO : Pak , Bangladesh ,
•“ every person” in Art. 5 and 10 cover people in jail and armed forces ( subject to Afghanistan , Bhutan ,
( can be (a) married to a citizen and
Parliament’s power under art.33 ) China , Sri Lanka , Nepal
applied
for by any PIO (b) resident for 7 yrs OCI : Pakistan , Bangladesh
of these )
(c) resident outside undivided India Citizenship Act
(4) Who can't acquire “by birth” citizenship ?
(d) parents→ registered as
citizens (5) Citizenship by registration and naturalisation can't be acquired by ____ ?
Person of full age and capacity (e) earlier , a citizen of independent (6) Losing nationality by renunciation and termination shall be withehld by Govt in times of
india ( or parents ) and ____ ?

(7) In loss of nationality by renunciation , the minor children also lose citizenship but may
(f) minor children
resume ____ ?
of citizens
resident
(g) OCI for 5 years and
for 1 year

By Naturalisation foreigners need to have following qualifications to apply

PIO/OCI
Indians → allowed Willing to renounce resided/served GoI for 12 (8) Which countries’ citizens can’t apply for PIO ? for OCI ?
naturalisation in her present months ( before that → in ✭ PIO card scheme has been withdrawn by GoI and merged with OCI from 9 jan 2015
her country country’s citizenship preceding 14 yrs resided/
served for 11 yrs )

intends to reside good character and knowledge

after naturalisation of a language in 8th schedule
( Any/all conditions can be waived by GoI → if she has rendered distinguished service in science, arts , etc ) Other information related to this
topic are covered in the
corresponding interactive exercises
By incorporation of territory in case a foreign territory becomes a part of india
Page 1-13
 Fundamental Rights

FR at a glance

Part-III Acronym : EFEFCC

USA (‘bill of rights’) Placing
ide
af
rom
Articles Constitutional Remedies (32)
12-35
Fundamental Rights (FR) Property (31) * Equality (14-18)

to
te
mo to to
p ro

Political Democracy Why ‘Fundamental’ ? to Right to

Cultural & Educational (29-30) Freedom (19-22)

ag
protected & most ai
protect aim to ns
guaranteed by essential for t

Rights of people “Govt. of Fundamental Law Overall development Freedom of Religion (25-28) Exploitation (23-24)
against invasion by laws and (i.e. Constitution) of individuals
state (executive/ not of
legislature) men”
* Right to property was removed from FR by 44th CAA’ 1978 → made a legal right (Art. 300-A)

Doctrine of Severability/Separatibility

Statutory Bodies v/s Non-statutory Bodies Article 13

y for
db me
me db to be
for y All laws inconsistent with FR VOID
NOT
Legislative Action demarcated in Executive Action i.e.
constitution
e.g. NITI Aayog
get

Art. 13 provides for Judicial

Review of any law(JR)
powers, rules, authority from Can be made Statutory
SC

HC
legislation (Parliament/State) by enacting a law

e.g. NGT, SEBI, CBI, NHRC, etc e.g. UIDAI Art. 32 Art. 226

Local Article 12 Govt &

Authorities Legislature Article 13 : A fine point
defines

Art. 13 states that SC has held that if a CA is violative of a FR which

Other (controlled/financed ‘state’ for the Constitutional Amendment (CA) BUT is a part of the basic structure of the constitution, it
by Govt) is NOT a law and can’t be can be declared void by Judicial Review
purposes of State Union
part-III and IV challenged (Keswanand Bharti Case)
Statutory Non-statutory of the constt. Page 2-1
 Fundamental Rights

Article 14
Right to Equality : Articles 14 to 18 EPL
The mnemonics to memorise the articles are given All persons may not be in same position by nature,
Within territory of India, State
in interactive exercises circumstances, etc
shall not deny to any person

So
Applicable in India in form of EBL
State may treat different persons differently if
No man to be punished Equality before Equal protection circumstances justify such treatment
except for a breach of Law (EBL) of Law (EPL)
law (i.e. no arbitrary Doctrine of reasonable classification
(negative concept) (positive concept)
Constitution is power)
result of rights Rule of Law
of individuals (by Dicey) Art. 14 allows reasonable (and not arbitrary)
classification of persons by state to achieve specific aims
In India, its ALL persons →
opposite i.e. subjected to same laws , Art. 31-C
constitution is
source of rights
irrespective of position, People belonging to
of individuals standing, etc MP/MLA same classification
Foreign Diplomats
194 should be treated alike
1 05/
Art.

Exceptions
State can make special Art.
3 Equal protection to all those who are in similar
61
provisions for circumstances

Art. 361-A
UNO and its agencies President/Governor

e.g.
women and socially/educationally
Publication in newspaper Govt policy to reserve seats in public employment for
children backward classes
backward classes is an e.g. of EPL
covered in detail in interactive exercises
Exceptions wrt Article 15

Prohibits discrimination by
shops, State only
hotels, etc public p
laces lik State as well as individuals
e
Article 15
access 2 1
No citizen to be subjected to State shall not
with regard to any disability, liability, discriminate against any
restriction or condition citizen
on g ds
ro u n roun
ds on g
use of well, tank and
general
meant for other public places ONLY OF i.e. discrimination on other
public /
maintained by grounds is not prohibited.
for e.g. place of residence
state funds
RRCSB
( Religion, Race, Caste, Sex or place of Birth ) Page 2-2
 Fundamental Rights

Article 16 Article 17

Equality of opportunity in Untouchability

public employment is

abolished practice in ANY form is forbidden

No discrimination on grounds
of ONLY RRCSB, descent and
place of residence enforcement of any disability
arising out of ‘untouchability’
RESIDENCE can be shall be an offence punishable
RESERVATION for a
prescribed as condition in in accordance with law
backward class not
adequately represented certain state/UTs , etc by
in state services Parliament
Exceptions
All rights accruing
t by this article enforc
ble a gains ed thro
availa ugh

Private Individuals Civil Rights Act’ 1955

Office holder of a religious/ denominational
institution can come from respective
community if a law is made for same Constitutional duty of state to
ensure these rights

Article 18

Exception
Abolition of Titles
National awards
NO presents, emoluments, State → not to confer any title [ Bharat Ratna, Padma awards
office from a foreign state on any person (citizen/foreigner) (Vibhushan, Bhushan , Shri ) ]
NO foreign titles

except
by

but
by
by

can’t be used with names of

consent of need any foreigner holding office of citizens academic/military awardees
president profit/trust under state distinctions

Page 2-3
 Fundamental Rights

qualifications needed for

practising a particular
Right to Freedom : Articles 19 to 22 profession, trade, etc
cribe
pres interests of
The mnemonics to memorise the articles can
are given in the interactive exercises State general public
can
reside settle
itself carry any business,
Reasonable Restrictions (temporary) ( set permanent home/domicile)
etc partially/completely
excluding citizens
General Public
Right to reside and settle in Reasonable Restrictions
interests of any part of India
ST
immoral
(e.g. trafficking)
Inter state or
Right to practise any except
Right to move freely
profession, trade, etc dangerous
throughout the territory of India
Intra State (e.g. drugs)

available against state occupations

action only
press freedom, ads, telecast,
demonstration , etc

prohibited/regulated by state
includes

Guarantees 6 rights *

negative right of
Right to freedom of speech Right to form associations, includes
not to form/join an
and expression unions , etc
association/union

e.g.
Right to assemble peacefully
every citizen can express through various mediums without arms
e.g. political party, comapany,
g.

bu
e. clubs, etc

t
his

by

public meeting, only on

(views , (mouth, writing, demonstration , public
opinions, etc) printing, etc) procession, etc land Right to Strike

not included in

Reasonable Restrictions Reasonable Restrictions

• State Security Right to speech, assemble or
• Sovereignty and Integrity of India forming association
• Friendly relations with other states
• Contempt of Court • Public Order , Morality
• Defamation
• Incitement to any offence
* Article 19 originally had 7 rights but right to acquire, hold and dispose of property was removed by 44th CAA of 1978 Page 2-4
 Fundamental Rights

Article 20 : Protection in respect of conviction for offences

Some Technical Terms
Ex-post-facto-law
e.g.
human
Legal Person firm recognised to
have legal rights
non-human like entering into
contracts, sue or
govt agency be sued

Double jeopardy
e.g.
to prevent the state from trying
A person commits a crime
the case again and again
goes to

main idea

trial

whatever the verdict, he can’t

acquitted convicted be tried again for same
offence.
In case of India, DJ is applicable only in case of conviction Self incrimination act of exposing oneself by making a statement that incriminates the person concerned

applicable for NOT applicable for

civil / tax laws or preventive

ex-post-facto-law Only for criminal laws
detention
foreigner NO

NO departmental/administrative
citizen available to Article 20 3 parts Double Jeopardy Only in case of court/tribunal
proceedings
NO

legal person protection against

arbitrary and excessive civil
Self incrimantion Only for criminal proceedings proceedings
punishment

Page 2-5
 Fundamental Rights

A law enacted is valid if it has followed the correct procedure for making the law Article 21 : Protection of
Procedure Established life and personal liberty
by Law (PEL) regarded as “Heart of FRs”

“flaw?” → does NOT seek if law made is

fair No person shall be deprived of except according to procedure
mentioned in constitution his life or personal liberty established by law
just
NOT

not arbitrary
Due Process of Law (DPL)
wider meaning PEL + The procedure should be Amenities / Others Dignity
(USA)
Health
free education upto 14 years social security and protection
emergency medical aid of family
SC’s interpretation of Art. 21
decent environment
life insurance live with human dignity
Gopalan Case (1950) Maneka Gandhi Case (1978)
to information sleep
arbitrary arbitrary against bonded labour
executive action against noise pollution
executive action travel abroad
t st privacy
ins ain timely medical treatment
aga ag
electricity in govt hospital treatment of women with
Protection under Protection under dignity and respect
Art. 21 available Art. 21 available
NO AL
SO
Ta aga
gai ins Administration of criminal justice and prison administration
n st t
Right
arbitrary legislative arbitrary legislative
action that follows PEL action that follows PEL AG
TO AI
NS
T

it must also follow DPL free legal aid solitary confinement

speedy trial handcuffing

Narrow interpretation of Art. 21 Wider interpretation of Art. 21 fair trial delayed execution

liberty related to appeal against concition custodial harassment

ONLY means Right to live with human dignity and other aspects
Personal liberty person or body of
covers access to necessities of life public hanging
individual Personal liberty a variety of rights

So, although worded negatively, the wider interpretation by SC In subsequent cases, this scope This list is only indicative and not exhaustive. Please don’t try to memorise this list.
has given positive content to Art. 21 has been expanded by SC Just go through it once and try to gain a bird’s eye view of the scope of Art. 21
Page 2-6
 Fundamental Rights

Road to Article 21-A

SC ruled in 1992 → existence existence of FR to only Article 22 : Protection against
overruled in 1993
of FR to education upto ANY primary education (upto 14 duty of citizens to provide arrest and detention
level under Art. 21 years) under Art. 21 FD education to their children/ward
Article 51-A(k) between 6-14 years Detention

Art. 45 (DPSP) → contained complements

provision for free and Punitive Preventive
compulsory education for
children
86th CAA' 2002 Right of children to free
Article 21-A added in part - III Pt enacted
and compulsory education as punishment to prevent commission
but

(i.e. justiciable)
Article 21-A Act, 2009 (RTE) for a crime of a future offence
not justiciable as it was a part State shall provide free and

without
compulsory education complements

after
of DPSP
to
Article 45 changed to
state to provide early
childhood care and education trial and conviction trial and conviction
All chlidren (6-14 years)
till 6 years of age by a court by a court

First part of Art. 22 Second part of Art. 22 Power to legislatures by Art. 22

to be released after 24 hours related to Max period circumstances under which >3 procedure for
unless magistrate authorises of months detention is permitted inquiry by
further detention persons arrested under any detention without consulting advisory board advisory board
preventive detention law (PDL)
o ma
yt xd
be produced before a nit ete to prescribe
detenu to be informed

tu
magistrate within 24 hours or nti
on
o pp

security of state Parliament

to

detenu to make 3 months security of India

representation
Any person arrested under against the order unless

an ordinary law has right *… concurrently exclusively

an advisory maintenance of public order make PDL makes PDL foreign affairs
related to related to
be

grounds of detention board (of HC

...t
to

judges) decides
o

(except the ones

...

against public order) for extension

informed consult and maintenance of State Legislatures defence
Some e.g. of PDL
of grounds be defended supplies and services
of arrest by a lawyer COFEPOSA NSA PBMSECA essential to community
Conservation of foreign National Prevention of black
* not available to enemy aliens and persons exchange and Security marketing and maintenance
arrested under preventive detention law prevention of smuggling Act, of supplies of essential
activities act , 1974 1980 commodities act, 1980 Page 2-7
 Fundamental Rights

Right against Expolitation : Articles 23 and 24

corresponding
non-citizens
laws by parliament exception

Immoral traffic military

citizens to availab traffic in human beings prevention Act , 1956
le
State can impose
Article 23 prohibits compulsory service for public
le
av ailab Bonded labour system
purposes without pay
(Abolition), Act 1976
state against begar and other Minimum Wages Act, 1948
social but no discrimination on grounds of ONLY
forms of forced labour Contract labour Act, 1970
Equal Remuneration Act, 1976
private persons
RRC or Class

Important legislations/ orders related to Article 24

SC order (1996) For speedy trial Govt ban (2006)

Article 24 Child labour rehabilitation
Commissions for protection of

on
welfare fund
Children < 14 years Child Rights Act, 2005
employment of
to deposit 20K/child
children <14 years as
no prohibition in but National/State Commissions Children’s domestic servants/
prohibited to be Offending employers for protection of Child Rights Courts workers in hotels, etc
harmless work

Child Labour (prohibition and regulation) Act, 1986

employed in amendment in 2016

Renamed : Child and

factory mines adolescent Labour (prohibition
and regulation) Act, 1986
s pro
hibit hibit
hazardous activities (e.g. pro s
construction, ports,
employment of children employment of adolescent
railways, etc)
< 14 years (14-18 years)

in
in

ALL occupations hazardous occupation

Page 2-8
 Fundamental Rights
Right to freedom of Religion : Articles 25-28

Article 27
in fact
right to convert others forcible conversions For safety
r im arrangements
't co
ve pin No person to be compelled to
sn ge
but
doe on pay taxes → to be used on of pilgrims
any PARTICULAR religion
disseminating inner freedom to

e.g.
one’s religious Propagate Religion Freedom of Conscience mould one’s

that is
beliefs to others Rig t to relations with ‘God’
ht to
Righ

Article 25 : All persons A fee can be

declaring one’s religious belief/faith openly taxes may be used → to charged for
rituals, ceremonies, etc are equally entitled to… however
Righ promote ALL religions (not any providing a
ht to t to
Rig particular ones) sdpecific
service
Practice Religion Profess Religion

this
social welfare and reform prohibits state from favouring
for
economic/financial/political or provide one religion over another
regulate/restrict
any secular activity associated State permitted to
throw
with religious practice open
e.g. management of temples, etc All classes/
public Hindu religious to sections of
institutions Hindus
attending religious instruction

according to law freedom from

property administer establish/maintain religious/charitable institutions
Article 28
to
R

ht
ig

ig
ht

R
to

Right to
educational institution religious instruction
Right to
own/acquire Article 26 manage → own religious affairs
Freedom of religious denominations completely completely
to manage religious affairs maintained by state prohibited

Art. 25 and 26 guarantee adm by state but estd. under

public order, morality permitted
subject to
religious endowment/trust
Art.25 → Rights and health can’t perform human sacrifice
of Individuals ct to
subje
recognised by state on voluntary basis
sub
ject e.g
Art.26 → Rights of to
religious denominations NOT su
bject to recieving aid from state on voluntary basis
other provisions Govt can restrict loudspeakers
related to FR
Page 2-9
 Fundamental Rights

Cultural & Educational Rights : Articles 29 and 30

Religious Article 30
Article 29 : Protection
of interest of minorities Linguistic Linguistic OR Religious minorities
doesn't include
Right to
includes minority as well as majority
aim not
ensure equality with majority establish AND administer absolute
SC
(NOT more advantageous position)

“ANY section of citizens”

{
educational institutions reasonable regulations can be
imposed for larger interests of
Rights of a having
nation, checks on (in)efficiency
group of administration and other
FROM STATE TYPES
right to such measures
distinct culture/script/language conserve
Protects
No citizen to be denied on grounds ONLY . . .

{
of RRC and language
Rights of an
individual admission to
regulated by can be adm like fee, syllabus, no regulation but subject to general laws
state employment , etc from state (like tax, etc)
State managed/aided educational institutions

Article 32 : Right to Constitutional Remedies

“ Soul and heart of the constitution” - Dr B.R. Ambedkar

powers orders

basic structure violation of FRs (ONLY) citizens can approach i.e. original wide directions
par s fo
r SC directly in case of
t of edie SC writs
re m violation of FRs

ve
usi
Article 32

xcl
Art.32

te
no
right to

Enforcing FRs vis-a-vis Courts

original 26
move SC t. 2
Ar
ing in c
dur ase empowered by Pt
ept of can be
exc HC Other Courts to issue writs/
directions/orders
National Emergency (Art.359) violation of FRs
orders directions writs
Page 2-10
 Fundamental Rights

SC v/s HC w.r.t. Writs

act / abstain from acting

Cause and legality of detention enquires legality of a person
Court SC HC
to a public office
to any person ( not necessarily
by the aggrieved person)
examine ca n be sought only for enforcing FR +
A written command Quo Warranto Scope : enforcing
wider
legal rights(‘any
produce body of a detained (“by what authority”)
in name of a FR other purpose’)
person before it
excess/lack of jurisdiction
court / legal authority
Court directs to Person
What are Writs ? used to quash throughout
narrower territorial
Territory : Indian
Habeas Corpus WRITS jurisdiction
Certiorari (“to be certified”) territory
(“to have the body of”) Learning Aid : CPM HQ
o
als
directs to
outside within
preventive Higher court lower court / tribunal

if
curative
inactivity cause of action is in
Mandamus (“to command”) directs transfer a quash
directs or
case to itself an order
Court directs to Public official activity Prohibition (“to forbid”)

Art. 32 → is a Art. 226 → not a

Higher court directs to lower court / tribunal
perform official duties Compulsion: FR SC can’t not a must FR HC may
refuse its use of refuse to use its
not exceed its jurisdiction writ jurisdiction writ jurisdiction

Writ Can be issued against Can NOT be issues against / in case of Writ Can be issued against Can NOT be issues against / in case of

judicial/quasi judicial bodies adm/ legislative authorities Public official / body private individuals / bodies
since 1991
Certiorari corporations if duty is discretionary
administrative authorities private individuals / bodies Mandamus
inferior court / tribunal CJ of HC / President / Governor
govt departmental instructions not
adm/ legislative authorities
Prohibition judicial/quasi judicial bodies having statutory force
private individuals / bodies enforcing contractual obligations

public authorities detention that is lawful / outside court’s

Quo Warranto public office created Habeas Corpus jurisdiction / is by a competent court /
ministerial/private office
by statute/constitution Private individuals is for contempt of court or legislature
Page 2-11
 Fundamental Rights
Article 34 has been covered in the notes of National Emergency

Article 33 Article 35
proper
Pt can Article 31 Right to Property Article 14 Article 19
discipline/ power to
discharge
aim transferred to
restrict/abrogate of duties
Parliament from
repealed
(and NOT state legislatures) Art. 300-A (Part - XII)
(along with Art. 19(1)(f)
FRs of armed forces * can't uniformity
be c related to property
halle to throughout
nge made a
d aim India
e.g. on ground of by 5 categories of laws related to
contravention make laws/give effect
legal right
of any FR to certain FRs
Army Act, BSF Act, etc 44th CAA’ 1978 commerce industry
Other FRs

.
i.e
impose restrictions on freedom of * includes army, para military are self
forces, police forces, Articles 16, 17 executory agricultural land reforms
intelligence agencies, etc and protection to FRs like approaching
even their non-combatant 23
speech, association, employees like cooks,tailors, the SC directly is no more available
talking to press, etc etc 32, 33, 34, 35 to this right

saves
Some important Features / Significance of FRs challenged on grounds of
violation of FRs

Most FRs
sta Available against can’t be
t te Article 31-A
no ca
n
Any act/law placed in 9th schedule pe
absolute impose reasonable restrictions State action only State action as well as r sco
OR wide
private individuals
who decides if they are if violated by
balance b/w pvt individuals
reasonable ? if violated
Article 31-B Exception to FRs
only ordinary Constitutional SC (I.R.Coelho Case, 2007)
Individual Social Courts legal remedies remedies are
Liberty Control are available available Judicial Review is A basic feature
So Article 31-C
Any law to implement Article
curtailed/repealed by Pt National Emergency All laws placed in 9th schedule 39 (b and c) of DPSP
during
be after Keswanand Verdict ( about
ca n
but

Suspension on grounds of
basic structure) i.e. 24 Apr’ 1973
Amendability without affecting basic structure NOT to be void
by external aggression armed rebellion if violative of open to
but

CAA Act (not ordinary act) except : Art. 19, 20, 21 Art. 19, 20, 21
Art, 14,15, 19,21 or challenge on grounds of contravention of
‘Basic Structure’ in court Art. 14 or 19 Page 2-12
 Directive Principles of State Policy (DPSP)

Introduction Content
determine ideals of justice, liberty,
Irish Constitution Art. 36-51
constitutional equality, fraternity of preamble
ide
a IV validity of a
fro rt hel se
m Pa financial resources
mismatch
backwardness law pc ali
our re
ts
GoI Act’ 1935 at independence aim i.e. establish economic and
‘Instruments of Instructions’ DPSP amendment DPSP ‘welfare state’ social democracy
36 is y?
for
s
le wh tate

So,
directed only tic only under
Ar
onus of ‘public ‘duty’ of state to
but, implementing force ideals to keep in mind Article 37 apply these
directs ‘State’ as non-justiciable opinion’ on
executive Art. 368 while making policies/laws principles in
defined in Art. 12 political parties
making laws

Conflict between FR and DPSP

Core Issue Article 31-C (a) was expanded to contain ALL

Golaknath Case (1967) DPSPs by 42nd CAA’ 1976
FR and DPSP are complementary to
but many laws to enforce DPSP FR not to be abridged/diluted implement
have come in conflict with FRs DPSP this was held to be invalid

Minerva Mills Case (1980 )

led to
Champakam Dorairajan Case (1951) SC said, “ Constitution exists on the balance of part III and
part IV. Giving absolute primacy to one over the other will
FR conflict DPSP 24th CAA’ 1971 25th CAA’ 1971 disturb the harmony of the Constitution”
‘Pt has power to abridge/
So, What’s the Current Status ?
then repeal any FR by CAA’ Article 31-C

Art. 31-C protects

(a) ‘No law implementing (b) These supremacy over but
FR will prevail FR DPSP a law to implement
Article 39 (b) and (c) can be laws can’t be
Art. 39 (b) and (c)
void even if it violates Articles questioned in
but court
14, 19 and 31*
* but article 31 was later repealed by 44th CAA’ 1978
FRs could be amended to effect
can be amended a DPSP
i.e. Pt could amend FRs, so that
Kesvanand Bharti Case (1973)
they don’t come in conflict with provided
implememtation of a DPSP. e.g. 1st,
4th and 17th CAA were made for J. Review is a ‘basic
SC said
this purpose held invalid feature’ and can’t be held invalid
‘basic structure’ is not
taken away
damaged

Page 2-13
 Basic Structure of the Constitution

Following are some of the important basic features that emerged from various SC judgements :

Shankari Prasad Case (1951) L.Aid : These are all related

After Champakam Dorairajan Basic Features
to words in Preamble
Case, 1st CAA was done to 1 Pt can amend FRs under
This was WE, THE PEOPLE OF INDIA, having solemnly Sovereign, Secular,
curtail rights to property challenged Article 368
in resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC
Democratic, Republic
Golaknath Case (1967) REPUBLIC and to secure to all its citizens: Character
These CAA don’t violate Art. 13
Both 1 and 2 were reversed 2 as CAA is not covered under Effective access to Justice
‘law’ mentioned in Article 13 JUSTICE, social, economic and political; Socio-Economic
Justice (Welfare State)
Keswanand Bharti Case (1973) LIBERTY of thought, expression,
belief, faith and worship;
Freedom of an individual
24th CAA’ 1971
Golaknath Verdict reversed.
1 and 2 brought back in by Pt EQUALITY of status and of
opportunity; Equality
1 and 2 retained
and to promote among them all
42nd CAA’ 1976 but FRATERNITY assuring the dignity Dignity of an individual
of the individual
“No limit to power of
parliament regarding and the unity and integrity of the
amendments and none of the “Basic Structure” doctrine Unity and Integrity of Nation
Nation;
CAA can be questioned in the introduced
court”
IN OUR CONSTITUENT ASSEMBLY this
twenty-sixth day of November, 1949, do
HEREBY ADOPT, ENACT AND GIVE TO Supremacy of Constitution
OURSELVES THIS CONSTITUTION.
Minerva Mills Case (1980)
L.Aid : These are all related L.Aid : These are all related
SC nullified this provision of to Governance, etc to Judiciary and FRs
42nd CAA on grounds of
So, status quo in the
violation of ‘basic structure’ , Limited power of Parliament to Judicial Review
as it took away ‘judicial review’ Kesvanand Bharti Case was
restored amend the constitution
which according to SC was a Judicial Independence
basic feature
Federal character SC’s Powers (Art. 32, 136, 141, 142 )
Separation of Powers HC’s Powers (Art. 226, 227)
Present Status
Pt can amend any part of constitution under Article 368 provided it doesn’t affect / Underlying principles of FRs
damage any of the ‘basic features’ of the constitution.
Free and fair elections
SC has not explicitly listed out so as to what are the basic features and it remains Harmony and balance
a ‘dynamic concept’ that is interpreted by the judiciary in various cases. Rule of Law between FR and DPSP

Page 2-14
 Directive Principles of State Policy (DPSP)

You should memorise the articles of DPSP as not only questions can come directly in PT but more importantly you can quote these articles in your mains answers. On top of each of the following articles, a mnemonics is given which has been explained in the interactive exercises.

36 : Art.36
MATCH
Art.12 39-A : MOB-A ⟷ Legal aid 42 : RUN ⟷ Maternity 43-B : RAM-BO ⟷ 46 : RUSH ⟷ Tribes 48-A : ROOF-A⟷
Co-operative Society Environment
• Equal Justice • Just and Humane Protect and promote interests
‘State’ used in part-IV is same Promote co-operative
• Free legal aid to poor working conditions of SC, ST, Weaker sections Protect and improve
as defined in Art. 12 for Part-III societies
• Maternity Relief environment/wildlife

37 : MAKE Laws 47 : ROCK ⟷ Public Health

40 : ROSE ⟷ Panchayats 43 : RUM ⟷ Cottage 44 : ROAR ⟷ Uniform
Duty of state to apply DPSP in Organise Panchayats Industry • Nutrition ↑ ⟷ Drink/Drugs ↓
MAKing laws / for governance as units of self govt Uniform Civil Code 49 : ROPE⟷ Taj Mahal
Promote cottage • Public Health ↑
industries in rural areas • Standard of Living ↑
Protect monuments, artistic/
38 : MOOV ⟷ SEP Justice historic objects, etc of national
41 : RAT ⟷ Old Age importance
43-A : RUM-A ⟷ Workers in 45 : RAIL ⟷ Early 48 : ROOF⟷ Agriculture/Animals
State
• Assistance → unemployed, Management Childhood Care
old age, sickness, disability • Promote agriculture/animal
Secure participation of workers • Early childhood care husbandry on modern scientific lines
• Right to work / education 50 :
in management of industries • Education till 6 years • Prevent Cow/Milch Cattle Slaughter
Judiciary⟷LOOSE⟷Executive
minimise SEP
inequalities Justice → separate
(status, welfare of Various Classifications of DPSP
Judiciary Executive
opportunity, etc) people

in
e.g. Right to work
Non-Justiable Rights public services
39 : MOB⟷Workers

a) adequate means of livelihood

b) equitable distribution of Can also be 51 : LOOT⟷International
material resources for common classified as Peace
good
c) to minimise concentration of • International peace / security ↑
wealth / means of production Goals Policies • Maintain just/honourable
d) equal pay for equal work → e.g. SEP Justice e.g. Uniform Civil Code relations between nations
for men AND women • Foster respect for international
e) health/strength of workers/ law and treaty obligations
children → not abused • Encourage arbitration to settle
f) opportunity for healthy international disputes
development of children
38 minimise inequalities

All with suffixes -A/-B New DPSPs new provisions added in 39 sub-clause (f)

45 Subject changed - covered in FR Page 2-15

 Fundamental Duties

FDs vis-a-vis Other Constitutions

Important
FRs (Part III) Part IVA Committees related
rights to FDs
Citizens

contains
duties FDs → incorp. by 42nd CAA’ 1976 Democratic Countries Indian FDs Socialist Countries
State
Govt Verma Committee Swaran Singh
duties DPSP (Part IV) mainly in inspired by
Art. 51A (1999) (1976)

Japan USSR FR equal importance FD

Studied various dimensions of FDs FDs incorporated on
Learning Aid for FDs including identifying existence of its recommendation
legal provisions for implementation
of some of the FDs
Defend the Unity and Harmony and
country Integrity brotherhood
Can be used by SC to determine Indian way of life → codification of tasks
Freedom constitutionality of a law Non-justiciable integral to Indian way of
Struggle life, historically.

but Features Purpose → awareness of socio-economic

obligations amongst citizens
Rich Heritage Scientific Temper
National confined to
Parliament can enforce any citizens only civic Types moral
Natural Environment flag and Child Education *
duty by legislation
anthem
Public Property Excellence in all spheres

BUT
doesn’t have duties like tax
* incorporated by 86th CAA’ 2002
payment,vote casting,etc HELP TO COURTS

FRs vis-a-vis FDs NON-JUSTICIABLE NOT EXHAUSTIVE

Significance
implies
Each FR A corresponding duty Some terms like Would be
“composite culture” is performed even if REMINDER WARNING
basis difficult to understand Criticism not explicitly
e.g. If all have
by a layman included
right to life, then of performing against anti
“Duty for one is right for they also have a national
duties while
another and vice versa” duty to respect INSPIRATION activities
VAGUENESS UNNECESSARY ? enjoying FRs
life of others
So,

PLACING IN among citizens to be participants

correlated CONSTITUTION in national goals
Rights Duties
Added after non-justiciable Part IV and
So, in a way, what has been implicit was made
not the enforceable Part III
explicit by inclusion of FDs
Other data related to FDs are given in the interactive exercises Page 2-16
 Amendments
vote of thanks to president/governor
cut
initiated in RS → 6. type of majority ? Answers
Dy. Chairman of RS passage of motion no confidence
1) political party with absolute majority
then

forms govt stability in house

VP president’s rule calling attention adjournment censure
7. type of majority in LS ? 2) when not stated in constitution , what
type of majority
use 2. when is it assumed ?
3) ordinary , money , finance
Speaker
removal of …
4) Speaker , Dy. Speaker
financial emergency 3. bills ?
5) effective strength =
total strength - no. of vacancies ( death ;
4. election of … ?
Dy. Speaker use disqualification ; resignation - NOT
discontinuance by LS absenteeism )

6) effective
majority of ( 5. effective strength ? ) of house Effective Simple ( / functional ) > 50% of members present and voting 7) simple

mentioned in constt as 8)
Art. 249 : Power of the parliament to
Types of Majorities legislate w.r.t. a matter in the state list in
the national interest
“…all the then members” and
Special Absolute > 50 % of total membership of the house
Art. 312 : All India Services

9) 368
1st kind
10) 169
use
use
not less than 2/3rd member 1. NOT used anywhere but 10) from both houses of parliament
present and voting has a huge significance ?
11 ) judges of Sc and HC

8. which articles ? and 12 ) 61

2nd kind
3rd kind
i.e. >50% of total memebrship of majority of total 2/3rd majority of total membership of the house ( for e.g. >= 364 in LS)
the house should vote in favour membership of house

CA bills ( 9. article ? ) use

use

approval for continuance of

emergency- 10. from which house ? impeachment of president ?
removal of …
( 12. which article ? )

Judges ( 11. which judges ? ) CEC CAG Page 3-1

 Constitutional Amendments : Art.368 (Part XX)

Classification of Constitutional provisions vis-a-vis Amendment Types

Art. 368

outside scope of according to

Provisions* related to federal structure
Art. 2 & 3 Other provisions* like election of president SC/HC
Delimitation of
constituencies acquisition
Fundamental Rights division of powers
citizenship 7th schedule
Directive Principles of between union and states
creation/abolition
termination State Policy
of SLC
representation of
2nd, 5th and 6th Schedules Art. 368 itself
etc etc states in Parliament

can be amended by can be amended by can be amended by

Simple Majority Special Majority (2nd kind) Simple Majority

by Parliament by Parliament AND by half of the states

(not considered
hence, not
as amendments called ‘CA bills’
referred to
of constitution
as ‘CA bills’
under Art. 368)

[* The provisions that form a part of the ‘basic structure’ as pointed out in Kesvanand Bharti Case (1973) can’t be amended even by Art. 368 ]

Procedure of Amendment
Special Majority ( and ratification by half the states by simple
Minister or Private member majority in case of federal provisions being amended) must give assent
by

by

Initiation Passage President’s Assent Bill becomes Act

f or
ed
in

ne
in

no
Each House separately can’t
President’s Either House of Parliament
No provision of joint sitting in
Permission ( NOT State Legislatures )
case of disagreement withhold return for reconsideration
Page 3-2
 Emergency Provisions ( Part XVIII - Articles 352-360 )

National Emergency : Revocation

turns • Art. 19 → automatically suspended but only in case of

federation unitary
• Art. 20 and 21 → never suspended war / external aggression ‘external emergency’
• Right to move courts for other FRs
i.e.

can be suspended by President

in case of
FR Status ?
Pt can make laws on when armed rebellion ‘internal emergency’
BUT Both Pt and state legislative status
any state subject with
legi. can pass laws declared by
overriding powers National Emergency (Art. 352) President ( only on a written recommendation by cabinet )
status
e xecutive Rev
ocat
Union can direct BUT both union/state
ion by President (without need
states on all matters govts have powers by of Parliamentary approval)
Special Majority Parliamentary approval 2 ways
If LS disapproves continuation → president
reapproval by Pt duration after approval
indefinite no. of times 6 months within 1 month by both houses MUST revoke

President is satisfied that state govt is

No suspension Art. 356
not running according to constitution
2 cases
State legistive power FR Status when ?
only Pt can make laws a state fails to comply with mentioned in
↓ legislative status
declared by directions of centre Art. 365
related to the state President’s Rule (Art. 356) President
suspended/dissolved
atus Revoca
exe cutive st tion
President administers State executive is
by
by President (without need of
through Governor dismissed Simple Majority Parliamentary approval Parliamentary approval)

reapproval by Pt every 6 months duration after approval

max. 3 years 6 months within 2 months by both houses

No suspension
threat to financial stability or credit
Centre can issue directions to reserve money/ FR Status when ?
financial bills for President’s consideration legislative status
declared by
Financial Emergency (Art. 360) President
status Revoca
executive tion

Centre can direct any state w.r.t. financial propriety and also by
by President (without need of
reduce salaries of union employees including SC/HC judges Simple Majority Parliamentary approval Parliamentary approval)

reapproval by Pt duration after approval

not needed indefinite within 2 months by both houses

Please try to study the three types of emergency given above by comparing their various features to each other. This will help you avoid any confusion regarding which aspect belongs to which type of emergency and even remember the whole thing better. Page 3-3
 Effects of National Emergency and Martial Law

war, rebellion, etc

Life of LS / State Assembly see notes on page 3-3 military runs civil administration
executive legislature according to its own rules
Normal term (5 years) when ?
i.e.
Centre-State relations Martial Law
means
‘military rule’
can be extended by Pt
(ML)
financial ordinary law suspended
1 year at a time
end of Financial Centre finances to States both
( any no. of times ) Article 34 (of FRs)
Year in which houses of
can be efo re
however emergency ends ope
rate id b Pt when
s till e la Restrictions on FR ML is in force in any area of the country
to b

reduced/ cancelled by Pt can indemnify (i.e. protect)

for any act done to maintain
max. 6 months after President any person/govt employee or
order in a ML area
emergency has ended any provision made
can’t be challenged

Effects of National Emergency

on grounds of contravention of FRs

war/external aggression internal and external needs to be

approved by
suspended NOT suspended
both houses
BUT only if declaration is on basis of Fundamental Rights applicable for both types ML
NE
Art.
58
but
.3 3 59
Art
Art. 19 is
Govt and ordinary law court
Right to move court on violation FR + other aspects like centre-
automatically of any other FRs (except 20 & state relations, etc
suspended specific area or whole country
21) can be suspended by a NE
presidential order NE
i.e. Martial Law
effect area
i.e.

v/s
ML
L National Emergency
M
any law/executive action any law/executive action
(related to emergency) in (related to emergency) in specific area only
contravention FRs mentioned in FR only
contravention of Art. 19 can be
made presidential order can be made
war grounds
ML
however however NE

external aggression only breakdown of law

These laws (in contravention These laws (in contravention and order due to
of Art. 19) cease to operate of FRs) cease to operate after ANY reason
armed rebellion
after emergency emergency
Other important aspects related to this topic are given in the interactive exercises
Page 3-4
Federalism

Page 4-1
Federalism

Page 4-2
 Federalism

CONFLICT IN INDIA’S FEDERAL SYSTEM

Owing to the “Quasi-federal” nature of the Indian Polity, the constitution has both federal and unitary features

FEDERAL FEATURES UNITARY FEATURES

States aspire and power Conflict in C-S
unlike federations like USA that have demand for a ( Centre - State )
Single Citizenship both national and state citizenship greater role in the demand more
relations
national issues governance autonomy
(e.g. defence, central govt UT Art. 1-4 make it clear
foreign affairs, B
“destructible” states that states don’t have
currency, etc) territorial integrity legal disputes resolved
separate BUT
by judiciary- but -
areas of Dual Polity importance and no. of subjects autonomy → political -
sovereignty BUT needs negotiations

(e.g. health, Strong Centre

state govt Union List > State List
public order,
etc) C-S relations
regional/local issues

during
residuary overriding authority
Changing nature of political progress
powers on concurrent list
union list Period Nature of political process C-S relations
division of powers concurrent list Emergency Federation becomes Unitary
• normal ( exc : formation of
1950s Congress dominance new states )
(demarcated in written constitution) state list
- early
1960s •states hopeful of progress by
central policies and grants
Centre States
A written constitution is a must for a federal
polity like India to clearly describe structure and Written
division of powers between states and centre
demand for greater power/
autonomy and lesser
Executive Legislative Financial BUT for both state Congress dominance a little.
Constitution Single interference by centre
and centre mid Many states - ruled by opposition
both state/centre have to operate 1960s ⇓
(unlike USA) [Exception : J&K] parties
within the jurisdiction prescribed by it discussion about concept of
autonomy under a federal
subject to system
judicial
review highest law of land Supreme amendments can only by
initiated by centre
resulted in a greater say for
states
Congress dominance
to maintain division of powers and BUT ⇓
supremacy of constt, the provisions Rigid Elements of flexibility coalition politics
more mature federalism
concerned with federal structure 1990s
dominance of many regional ⇓
Most other provisions parties issue of autonomy → more
can be amended potent
amendable only by special majority of Pt
and approval by half the states unilaterally by Parliament

Continued in page 4-4… Page 4-3

 Federalism

Continued…

FEDERAL FEATURES UNITARY FEATURES Why ?

provinces and princely states to integrate into states strong centre needed

needed to protect constitutional

One hierarchical system
supremacy and settle centre- Independent BUT Integrated for both centre and states
state and inter state disputes India diversity federal constitution to accomodate diversities
Judiciary Judiciary ( Unlike USA, having separate
judiciary for states and centre )
socio economic problems
but , strong centre to...
represents
RS
states
membership in RS
BUT No equality in state poverty illiteracy inequality stem disintegration In short , concerns for
Bicameralism varies with population unity and development
representation and promote social/
represents of states political change amid myriad diversity of
people as a (Unlike USA, where each state people and issues
LS needed a plan and coordination
has 2 members in Senate) prompted a strong centre
whole by centre with states

SG cant remove / take

disciplinary action against them FEDERALISM WITH A STRONG CENTRAL GOVERNMENT (CG )
delay state
legislation
empower Pt to protect people in union/ division of exisiting unification of 2 or more
reserve certain bills passed officers ( IAS , IPS , etc ) common to entire state service wrt any action taken
by SG for president’s assent, → under control of the CG territory of India during martial law/maintain order
giving power to CG to …
absolute
veto territorial integrity
Governor is appointed All India Services Art. 34 , 35
by centre and he can … name
recommend dismissal existence of state
of SG/ assembly
safeguard : Pt seeks view of the
What provisions make in hands of Parliament (Pt) state before making these changes
executive power of Centre > executive power of States Art. 257(1) : The executive power of every State CG strong in India ?
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 declaration of emergency Federation → turns into CG can make laws
CG can give instructions to SG ⇐ shall extend to the giving of such directions to a highly centralised sysytem on state list items
state as may appear to the Government of India
⇐ to be necessary for that purpose.
financial powers
revenue generating items largely under union list
CG can legislate on
Integrated
state list , if need felt
planning
Election machinery

Judiciary states - mostly depend on central assistance / grants / loans

but needs to be ratified by RS
EC and CAG, who are appointed
centralisation of economic decision making
by the centre, respectively conduct Audit machinery discretion of CG
elections and audit both the centre
and states. States have no say in Planning commission ( now
their appointment/removal. NITI aayog ) supervises the considered lopsided
resource management to states
Page 4-4
 Centre-State Relations
LEGISLATIVE RELATIONS
Central Control over state legislation

also applicable to Indian Territorial extent

citizens/property
for making laws Reservation of Introduction of Money/
anywhere in the world
Pt can make laws on ANY certain type of bills certain type of bills Financial Bills
i.e.

subject of state list to fulfil its (e.g. restriction on freedom

by Governor of trade & commerce)
Parliament State Legislatures international obligations and can be reserved
extra-territorial commitments
legislation for consideration of President needs

whole/any part of whole/any part of for consideration of

Indian territory the state has absolute veto over these prior sanction of president during
Implementing international
bills president financial emergency
agreements

On request from states

refer Module-3 President’s Rule for Pt to make laws on state
Art. 35 list (but w.r.t. those states only)
6

l
two/more states can

ea
p
t/re
Parliamentary legislation in state field pass a resolution

en
dm
The exclusive powers of state

en
am
legislatures on state list can be
modified/suspended in 5 cases for Pt to make laws on state
2
Art. 35 list in national interest Only by Pt Other states can also adopt
law these laws by passing a
National Emergency sv
States can also make ali
dt resolution later
ill
laws on the list but in RS passes a resolution
case of inconsistency
with parliamentary law, 6 months after
Pt can legislate on state list in
the latter prevails e ds for expiration of resolution
ne ce

special majority (1st kind) for 1 year

(subjects not listed in 3 lists) Distribution (refer page 3-1) ca
n
Residuary Powers of Subjects be
ex
als ten
o de
d..
.

Parliament State Legislatures

1 year at a time
exclusive power Both can make laws on exclusive power (indefinitely)

Union List Concurrent List State List

(100 subjects) (52 subjects) (61 subjects)
Other aspects related to this distribution is covered in interactive exercises Page 4-5
 Centre-State Relations
ADMINISTRATIVE RELATIONS

Executive Powers Distribution Ensuring Compliance

maintenance and construction

Executive powers of state protection of Railways
Centre States of means of communication

1 2
Territory of India Territory of state
Centre can direct
Schemes for ST
w.r.t. states’ executive w.r.t.
w.r.t. should comply with both shouldn’t impede centre’s
parliamentary and state laws executive power in the state
Any treaty/ Union List Concurrent List State List
agreement mother tongue instructions for
primary education of
Executive power for both centre linguistic minorities
and state laws is with states Centre can give coercive directions to states regarding these
exception

If states fail to follow these directions , then according to Art.

when constitution/parliamentary law confers it upon centre 365, president’s rule (Art. 356) can be imposed in the state

Intergovernmental Delegations
Central Services State
Services Services
to avoid a situation of deadlock

Centre States by agreement by legislation

combined

All India Services

President, with Governor, with Parliament, without
consent of a SG* consent of CG* consent of a SG

IAS IFS (Forest) IPS

can delegate can delegate can delegate

occupy top control an executive function an executive function an executive function (related
im
positions e m of CG to SG of SG to CG to Union list) of CG to SG
at ed
tim ia
ul te
( These delegations can be ( The state legislature can’t do
recruited and trained by centre State Govt conditional/unconditional ) the reverse of this )

* SG : State Govt , CG : Central Govt

Page 4-6
 Centre-State Relations
Grants-in-Aid to states
FINANCIAL RELATIONS
The principles governing these grants
These grants are not
are decided by the Finance commission.
Besides, distribution of taxes, constt has provisions for obligatory and based only on
(subjects not listed in 3 lists)
It has been covered in Module 10 states getting grants-in-aid from the centre pure discretion of centre
Residuary Powers 75 Art.
of taxation Art. 2 282
i.e
.
Division of taxing powers
als
o
Statutory Grants Discretionary Grants
Parliament State Legislatures on recommendations of Finance Commission
different for
levy taxes on Both can levy taxes on levy taxes on different states Centre and States can make
Specific General grants for any public purpose
be
Union List Concurrent List State List ca n (even if it is not in their legislative competence)
(15 subjects) (3 subjects) (20 subjects) accordingly
for welfare of ST or raising Pt can make grants to
charged on
Constt also clearly distinguishes between power to collect level of administration of a states that are in need CFI*
taxes and power to distribute the tax proceeds. e.g. I-Tax is scheduled area of financial assistance Centre can make grants to states
collected by centre but distributed between centre and states * Consolidated Fund of India

to go to
‘Alternative Scheme of Devolution’ 29% of central tax/duties states
Art. 268-A new subject in union list
on recommendation of 10th Finance Commission (service tax)
Distribution of non-tax revenues 80th CAA Distribution of tax revenues 88th CAA 92-C

taxes on services
The receipts from the following
form major non tax revenue of

Centre States

Central public sector State public sector

companies companies

escheat and lapse escheat and lapse

Railway
Post & Telegraph Irrigation
Broadcasting

Currency Forests
Banking Fisheries

There is no need to memorise this

list . Just go through it once.

Page 4-7
 Inter State Relations

Inter-State Water Disputes Inter-State Councils

Art. 262
inter state
provisions Recommendatory centre - state coordination inter - state coordination
disputes
Body
aim e on
dvis
Adjudication of any dispute related Pt can also provide that no court u ire/a
enq
to an inter-state river can be (including SC) can exercise
provided for by law by Pt jurisdiction in these disputes recommended a permanent Sarkaria Commission investigate/discuss subjects of
Art.263 duties
ISC → established in 1990 othe
r du common interest
ties,
proc
PM edur
Pt → enacted 2 laws e, etc
an

complementary
irm advisory role
cha can be defined
CG on Home Minster and by president
request River Boards Inter-State Water members 5 cabinet ministers
Act (1956) Disputes Act (1956) CG nominated by PM binding decision make policy/action
from SGs se by Final CMs
tu
pb u p recommendations
y set and on these
re CM
Binding gislatu
with le
establishes river boards set up ad hoc tribunal decision UTs witho SC’s jurisdiction to settle legal
States ut leg
iuslatu
re
controversy between Govts
no other court
for for (Art. 131)
(including SC) to
have jurisdiction Governors of states under Art.356 Administrators
on cases referred
regulation and development of adjudication of disputes to tribunal
inter state rivers between states w.r.t. a river
cooperation/coordination between centre, states , UTs on a coordinated plan
matters like socio-economic planning, border disputes, etc for matters of
Inter state trade and commerce common importance
(for 1 year
by rotation)

AIM
Art. 301
CM of Union Home
Trade, Commerce and Intercourse (TCI)
states Minister
shall be free throughout territory of India
additionally

Vic

n
guarantees

ma
aim

Ch
Inter-state

air
air

Ch
ma
freedom of TCI from all restrictions
n
review security
and public order in
Pt can impose Art. 301 is subject to 5 zonal councils (N,W,S,E,C) NE Council region
restrictions on TCI Art. 302 Art. 305 nationalisation laws
except
freedom in public i.e. monopolies
interest. favouring centre/ Statutory bodies Statutory body
03

Ar

states
t. 3
t. 3

04
Ar

estd by estd by
Intra-state
State legislature can State legislature may impose tax advisory only
impose reasonable on such imported goods from
w.r.t. restrictions on TCI other states/UTs which are States reorganisation Act, NE council Act,
that state freedom subject to taxes when 1956 1971
manufactured within that state Please note that Sikkim is part of NE council
Page 4-8
 Parliament 1 ) Part V

2 ) His functions vis a vis Pt : passage of bill ,

summons/prorogues both houses , dissolves LS ,
addresses both houses , issues ordinances , etc
COMPOSITION OF THE TWO HOUSES
Articles 79-122 1.Which part of the Constitution ?
3 ) RS - council of states/ upper house / second
RS LS chamber / house of elders
LS- house of people/first chamber/popular house
Parliament( Pt )→legislative organ of the union govt At present / max strength 245 / 250 ( 238 + 12 ) 545 / 552 ( 530 + 20 + 2 )
4 ) RS- States and UTs
LS- People of India as a whole

State + UT + Nominated 229+4+12 530 + 13 + 2 5 ) interdependence b/w legi and exec organs in
ORGANISATION OF THE PARLIAMENT Pt. system and their independence in USA

representation of states no. of seats to a state : by population directly elected by ppl from 6) States : by elected members of legislative
not a member of LS/RS assemblies
territorial constituencies
UTs: by members of an electoral college →
India British American 6. elected by ? 9. by universal adult franchise ( 18 specially constituted for this purpose
2. but is an
integral part yrs and not disqualified by
7) both : proportional representation by single
of Pt. Why ? President in Pt Crown in Pt President - not a part 12. Allocation of seats provisions of constt/law. 21→18 transferable vote
7. system ? in which schedule ? when ?
RS H. of lords Senate 8) Delhi and Puducherry
3. other representation of UTs 8. Which UTs have representation ? 10. Constt empowers the Pt to 9) by the 61st CAA , 1988
names ? LS H. of commons House of decide the manner . What has Pt
representatives enacted for same ? 10) Union territories ( direct election to the house
of the people ) Act , 1965
Pt nominated by president people - special knowledge / 11. members from Anglo Indian
Pt Congress
practical experience in art / community→if not adequately 11) Originally till 1960 . extended till 2020 → by
4. Who does it represent ? 5. emphasise what ? literarture / Science / Social service 95th CAA , 2009
represented . extended till when ?
12) 4th

DURATION OF TWO HOUSES 13) population published in the latest census

SYSTEM OF ELECTIONS TO LOK SABHA
RS 14) encourage population limiting measures
Constitutional provisions for territorial constituencies ( TC ) can also contest
15) all voters ( no separate electorate )
unreserved seats 15. elected by … ? • continuing chamber → no dissolution
uniformity of 16) population ratio
representation… Reservation of seats for SCs and STs •1/3 rd retire every 2nd year fresh election
… b/w different states ... b/w different constituencies 16. basis ? 17) till 2020 by 95th CAA ’09
in same state
18) RS , SLC , President , Vice President
originally, till 1960 → extended continuously for 10 yr periods → 17. Now ? 24. re-election , renomination ?
no. of seats alloted →same for all states no. of seats allotted 19) makes difficult for voters to understand the
↴
pop. of state pop. of TC • Constt - left terms of members to Pt system
same throughout 20) … tendency to multiply political parties
13. which population ? the state Proportional Representation not Adopted Pt enacted RPA ( 1951 ) → 6 yrs term instability in govt
2 systems
21) b/w voters and representatives
25. empower president for what ? 22) minority thinking / group interests
authority and manner - by Pt delimitation com. Acts ( 52,62,72,2002) proportional representation territorial representation
23) party sys : ; voter :
for each state 26. determination : who should retire in
no. of seats division into TC list single transferable single member constituency 1st batch ? 24) any number of times
system vote system ⟷ ( one with majority of votes )
Readjustment after each census LS 25) to curtail the terms of the members for 1st RS
18. use in India ? and make provisions to govern the order of
freeze to ’71 level • Term : 5 yrs 27. from when to when ? retirement of the members of the RS
All sections - get does not represent whole 26) by lottery
⟷
till 2000 by 42nd CAA ‘76
14. Aim ?
representation ∝ their no. electorate ( esp. minorities )
automatic 27) 5 yrs from date of first meeting after general
till 2026 by 84th CAA ‘01 elections
still not adopted for LS because … no scope : by dissolution 28) 1 yr at a time for any length of time by an act
19. Low literacy ?
elections of Pt → does not continue beyong 6 months after
readjustment and rationalisation of TC →by ’91 census expensive
emergency has ceased to operate .
Also refixing of
↘︎ reserved seats before 5 yrs 28. extended in
by 87th CAA ’03 → by ’01 census 20. unsuitability to 21. eliminates 23. significance -
by president N.emergency . conditions ?
Parliamentary govt … ? contacts … ? 22. promotes … ? / of … ?

The notes on this page are made from first 4 pages of Parliament Chapter of Laxmikant. Please read it once to understand and then further revisions can be done from this sheet. Page 6-1
 State Legislatures
Articles 168-212 1.Which part of the Constitution ?

COMPOSITION OF THE TWO HOUSES

ORGANISATION OF THE STATE LEGISLATURES
tes 7s SLC SLA
sta tate
22 s
Min : 40 Min : 60
min - max strength
unicameral bicameral Max : 1/3rd of total strength of SLA Max : 500
2) Special case for some states ?

• Governor 4. Members members of local bodies

• SLC like municipalities, etc
• SLA of SLA ?
(Vidhan Parishad, 1/
(Vidhan Sabha, Upper House) 3r
d by
d
by 3r
Lower House) 1/
directly elected by ppl from
elected by ? Indirect Election territorial constituencies by
process of formation 1/ universal adult franchise
by 12
th th
12 by
1/

Pt creates/ SLA passes a resolution graduates Teachers (3 yrs+

abolishes it then for establishment/ (3yrs) residing experience) of state
in the state (at least sec. school)
accordingly by abolishment of SLC by
Simple majority Special Majority 5. system ?
(not considered as CAA under Art. 368)
1/6 members → people with special
3. one member from Anglo Indian
nominated by governor knowledge / practical experience in
art / literature / Science / Social community→if not adequately
SYSTEM OF ELECTIONS TO SLA service/ cooperative movement represented . extended till when ?

each state divided into Territorial

Constitutional provisions for territorial constituencies ( TC )
Constituencies
DURATION OF TWO HOUSES 1 ) Part VI
2 ) For the following states the minimum no. of
demarcation such that SLC seats has been specified as follows :
authority and manner - by Pt delimitation com. Acts ( 52,62,72,2002)
• Arunachal Pradesh, Sikkim , Goa : 30
for each state no. of seats allotted • continuing chamber → no dissolution • Mizoram : 40
no. of seats division into TC ↴
pop. of TC • Nagaland : 46
•1/3 rd retire every 2nd year fresh election
Readjustment after each census same throughout 3 ) Originally till 1960 . Extended till 2020 → by
7. which population ? the state 95th CAA , 2009
freeze to ’71 level 4 ) The members of SLA can’t elect other SLA
11. re-election , renomination ? members to the SLC
till 2000 by 42nd CAA ‘76 5 ) Proportional representation by single
8. elected by … ? 9. basis ? SLA transferable vote
6. Aim ?
till 2026 by 84th CAA ‘01 6) encourage population limiting measures
• Term : 5 yrs 12. from when to when ? 7) population published in the latest census
Reservation of 8) all voters ( no separate electorate )
can also contest 9) population ratio
readjustment and rationalisation of TC →by ’91 census seats for SCs and automatic
Also refixing of unreserved seats 10) till 2020 by 95th CAA ’09
↘︎ reserved seats
STs 11) any number of times
by 87th CAA ’03 → by ’01 census dissolution
12) 5 yrs from date of first meeting after general
⟱ elections
13) 1 yr at a time for any length of time by an act
But to be done without altering total no. of
originally, till 1960 → extended before 5 yrs 13. extended in of Pt → does not continue beyond 6 months after
seats in the assembly of each state emergency has ceased to operate .
continuously for 10 yr periods → 10. Now ? by governor N.emergency . conditions ?

The notes on this page are made from first 3 pages of State Legislature Chapter of Laxmikant. Please read it once to understand and then further revisions can be done from this sheet. Page 6-2
 Parliament and State Legislatures
There are a lot of similarities between parliament and state legislatures. So, we have covered them together in this module and not as separate units. Wherever there is a scope for studying the various features together , we have done so, juxtapositioning
the features for parliament and state legislatures as done on this page. You should study them comparing them to each other, noting the similarities and particularly the dissimilarities. The dissimilarities are breeding grounds for potential questions.

Membership of Parliament
LS decided by RS
Speaker Chairman
registered as
citizen elector for a Disqualifications due to defection
parliamentary Acc. to 10th schedule
30 years constituency RS
/LS
RS

additional qualifications An MP stands disqualified if

minimum age Qualifications
according to RPA’1951
LS n Voluntarily gives up
ea independent member
t tak membership of party, he
us

if jo
25 years m
contested polls from
to contest a seat reserved

ins
for SC/ST, he must be a
oath member of SC/ST in any if joins a political
abstains/votes nominated member
state/UT (after 6 months) party
against directions of
his party in house

Membership of State Legislatures

SLA decided by SLC
registered as elector
for an assembly Speaker Chairman
constituency in the resident in the
citizen Disqualifications due to defection
concerned state concerned state
for
SL Acc. to 10th schedule
Aa
30 years nd for governor’s nomination
SLC SL
C

additional qualifications An MLA/MLC stands disqualified if

minimum age Qualifications
according to RPA’1951
SLA
an Voluntarily gives up independent member
ke
s t ta membership of party, he
mu

if jo
25 years contested polls from

ins
to contest a seat reserved
oath for SC/ST, he must be a
if joins a political
member of SC/ST abstains/votes nominated member
(after 6 months) party
against directions of
his party in house

Lok Sabha : LS State Legislature : SL Joint Sitting : Jt. sitting Consolidated Fund of State : CFS
Acronyms used
Parliament : Pt Vice President : VP State Legislative Assembly : SLA Constitutional Amendment Act : CAA
throughout this and
Consolidated Fund of India : CFI
other modules : Rajya Sabha : RS State Legislative Council : SLC Constitution : Constt

Page 6-3
 Parliament and State legislatures : Presiding Officers

head and principal Provisions for

security has removal
LS from its members representative spokesman independence and only by an effective majority
of tenure
y impartiality
db members
cte
ele guardian of powers
continues till Role w.r.t. LS & privileges of
Speaker of LS next LS meets salary/allowance
t committees not
bu n sub
ge do ject
har

by
c to
his decisions/interpretations in
final

fixed
tenure ≡ Life of LS parliamentary matters CFI annual
(Constt, Rules of procedure, parliamentary precedents) vote of Pt
Pt
LS if ceases to be maintain order &
early vacating
member decorum for proceedings
o
n gt re chairman functioning
riti
mo
va ap
General purpose committee
e
yw lb po rv
is
ig nb y primary responsibility int
pe
s s
re su
w.r.t.
Acronym :
Deputy Speaker LS Powers & Duties w.r.t. LS Parliamentary Committees is himself chairman of Business advisory committee GaBbaR
decid
votes es if

only in case of a tie a bill is money bill or not Rules committee

(casting vote) (his decision→final)
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

head and principal Provisions for

security has removal
SLA from its members representative spokesman independence and only by an effective majority
of tenure
y impartiality
db members
cte
ele
guardian of powers
continues till Role w.r.t. SLA & privileges of
Speaker of SLA next SLA meets
salary/allowance
t committees not
bu d on sub
rge ject
ch a

by
to
his decisions/interpretations in
final

fixed
tenure ≡ Life of SLA legislative matters CFS annual
(Constt, Rules of procedure, legislative precedents) vote of SL
SL
SLA if ceases to be maintain order &
early vacating
member decorum for proceedings
to re chairman functioning
iti ng m ov General purpose committee
wr al ap

e
by by po

is
int

rv
n
sig primary responsibility s

pe
re
w.r.t. su Acronym :
Deputy Speaker SLA Powers & Duties w.r.t. SLA Committees of Assembly is himself chairman of Business advisory committee GaBbaR
decid
votes es if

only in case of a tie a bill is money bill or not Rules committee

(casting vote) (his decision→final) Page 6-4
 Parliament and State legislatures : Presiding Officers

automatically becomes (including presiding when acting as

chairman, if appointed to a over joint sitting of Pt) president Speaker Chairman
parliamentary committee all powers of speaker
decides if a bill is no such
doesn’t perform
money bill or not power
spl. privilege

duties of

assumes
LS from its members
y VP of India presides over Jt no such
te db
lec sitting of Pt power

io
e

ffic
-o
ex
if speaker absent/ post vacant acts as member of house NOT a member of house
Dy. Speaker of LS
speaker dissimilarities with
Chairman of RS Speaker of LS

votes

l
va
tenure ≡ Life of LS

mo
re
salary/allowance
LS if ceases to be only in case only if Powers & Functions not
similar to d on sub
early vacating Speaker of LS rge ject
member of a tie removed cha

by
as presiding officer to
to

fixed
re as VP vote
ing mo (casting vote) s annual
w ri t va CFI
by lb
y vote of Pt
ign only in case of a tie
r es Pt
(casting vote)
Speaker LS

all powers of speaker

SLC from its members

assumes

SLA from its members

by by
d
d te
cte lec
ele e However , deciding if a bill is
money bill or not is in the
if speaker absent/ post vacant acts as Powers & Functions similar to
Dy. Speaker of SLA Chairman of SLC Speaker of SLA domain of the speaker of SLA
speaker as presiding officer
and not the chairman of SLC
votes

tenure ≡ Life of SLA SLC if ceases to be

early vacating salary/allowance
member n not
to o sub
re r ged ject
ing cha

by
m to
SLA if ceases to be only in case w rit ov

fixed
early vacating al
of a tie by by
CFS annual
member n
to sig vote of SL
ing
re
m (casting vote) re
w rit ov
al SL
by by Deputy Chairman of SLC SLC
ign
r es

Speaker SLA
Page 6-5
 Parliament and State Legislatures : Presiding Officers

RS from its members all powers of chairman

y Speaker Chairman

as
db

su
c te

m
ele

es
nominated from LS members by nominated from RS members by
if chairman is acting as president acts as
Dy. Chairman of RS or is absent/ post vacant chairman
Panel of Chairpersons of LS Panel of Vice-Chairpersons of RS

tes
(10 or less)

vo
RS if ceases to be
early vacating
member only in case When a new LS assembles…
to anyone from this panel can anyone from this panel can
g re of a tie
itin m
wr ov
al (casting vote)
by by
n President
sig
re preside over LS preside over RS
(if speaker/Dy. speaker→absent) (if chairman/Dy. chairman→absent)
Chairman of RS RS
appoints/administers oath to
salary/allowance
not assume assume
n su b
do
rg e ject
ch a
by

to
fixed

CFI annual Speaker Pro Tem

powers of speaker powers of chairman
vote of Pt
(when presiding) (when presiding)

en
ab
Pt

les
s
ha

ho
admin

us
et
er
SLC from its members all powers of chairman

es ov

o
isters
y Speaker Chairman all
as

db elect
su

te

presid
lec
powers
m

oath
e new
es

of
nominated from SLA members by nominated from SLC members by speaker

to
if chairman is acts as speaker
Dy. Chairman of SLC absent/ post vacant chairman
Panel of Chairmen of SLA Panel of Vice-Chairmen of SLC
tes

1st sitting of new

vo

SLC if ceases to be new LS members

early vacating
member only in case
to anyone from this panel can anyone from this panel can
g re of a tie
itin m
wr ov
al (casting vote)
by by
n
sig
re preside over SLA preside over SLC
(if speaker/Dy. speaker→absent) (if chairman/Dy. chairman→absent)
Chairman of SLC SLC
salary/allowance
not assume assume
on sub
r ged ject
ch a
by

to
fixed

CFS annual
powers of speaker powers of chairman
vote of SL
(when presiding) (when presiding)
SL Page 6-6
 Parliament and State legislatures : Sessions

Summoning
of 11am - 1pm
by
Pt to meet President ( in case of SL : Governor) made up of
Session Meetings Sittings

period period
1st sitting prorogation/dissolution next session 2pm - 6pm

can be
ca l
d
lle

led
ca

max gap between

2 sessions
terminated by
session recess Adjournment Dissolution*
usua
lly 6 months

3 sessions/year

d
( in case of SL : Governor)

pen
Adjournment Sine Die Prorogation
President

su s
te
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec r m
in after
at
e by
Budget Monsoon Winter
a sitting for a specific time a sitting for an indefinite time terminate session

Effect of dissolution of LS on bills in various stages Effect of dissolution of SLA on bills in various stages
Bills that lapse Bills that lapse
life of existing LS
LS RS SLA SLC
on expiry of 5 yr tenure
ends

(or terms as extended autom pending - → no matter if it originated in LS or RS pending - → no matter if it originated in SLA/SLC
atic
by N.Emergency)
passed pending passed pending →(If it’s a unicameral SL, then bill is already
Dissolution passed by SLA and this case does not arise)
ent
even before resid Bills that DON’T lapse Bills that DON’T lapse
by P

President is LS RS SLA SLC

authorised to dissolve effect on business
not passed not passed → due to disagreement and president has
notified a Jt sitting before dissolution
all pending bills, motions, resolutions not passed pending not passed pending
before LS or its committees lapse
passed passed → pending assent of president passed passed → pending assent of governor/president
(need to be introduced afresh in new LS)

passed passed → returned by president passed passed → returned by president

for reconsideration for reconsideration
The last two cases are valid even if the SL is unicameral
Page 6-7
 Parliament and State legislatures : Position of Upper Houses

RS vis-a-vis LS

Ordinary UPSC, FC , CAG and only recommend

Consider reports of other constt bodies jected b
y
acce pted/re
CA bills can be
LS intr RS can’t amend /reject
enlargement of jurisdiction of oo
nly
Bills in
Financial
(expenditure from CFI) decision
Speaker of LS Money Bill
UPSC and SC
Equal Status w.r.t.

RS
Unequal Status w.r.t.
only discuss
Ministers (including PM) can be from Approving ordinances can
RS

can’t
proclamation of 3 types of emergencies No Confidence Motion Budget
LS RS
ca n
’t
but responsible only to can’t be moved in RS
vote on demand
for grants

Exclusive Powers of RS
Art. 249 make laws on a state list subject
It can authorise Parliament to Art. 312
create new All India Services

SLC vis-a-vis SLA

Ordinary SPSC, state FC , CAG only recommend

Consider reports of d by
and other constt bodies /rejecte
cepted
ent

ca n be ac
em

SLA SLC can’t amend /reject

gre

intr
enlargement of jurisdiction of oo
nly
isa

Bills in
if d

decision
SLA prevails over SLC Speaker of SLA Money Bill
Equal Status w.r.t. SPSC

SLC
Unequal Status w.r.t.
only discuss
Ministers (including CM) can be from Approving ordinances can
SL C

can’t
No Confidence Motion Budget
SLA SL C
can
’t
but responsible only to can’t be moved in SLC
vote on demand
for grants

Page 6-8
 Parliament and State Legislatures

freedom of speech in Pt 1) They can’t be arrested 40 days before, during and 40 days after a
protection session (only for civil cases and not criminal ones)
from arrest (1)
2) In secret sittings of Pt , no outsiders are allowed
Individual right to publish its reports, etc
me
secret sittings (2)
mb 3) Pt can make its own rules and regulations for business of the
e rs ld house
Jury service exemption ho

each house as a whole frame 4) It can punish members as well as outsiders for breach of its
Parliamentary Privileges Collective own rules (3)
privileges
spl rights and immunities
5) no arrest, etc can take place inside the Pt without permission of the
RS/LS members Attorney General power to presiding officer
‘punish/arrest’
available to protection from punish (4)
inquiry by court (7) 6) If any member is arrested, convicted or released , the Pt has right
NOT TO to receive immediate information regarding the same
RS/LS committees Union Ministers
right to receive info w.r.t. a protection 7) It enjoys protection from inquiry into its proceedings or one of its
President member’s arrest, etc (6) against arrest (5) committees by courts.

freedom of speech in SL 1) They can’t be arrested 40 days before, during and 40 days after a
protection session (only for civil cases and not criminal ones)
from arrest (1)
2) In secret sittings of SL , no outsiders are allowed
Individual right to publish its reports, etc
me
secret sittings (2)
mb 3) SL can make its own rules and regulations for business of the
er ld house
Jury service exemption s ho

each house as a whole frame 4) It can punish members as well as outsiders for breach of its
State Legislature Privileges Collective own rules (3) privileges
spl rights and immunities
5) no arrest, etc can take place inside the SL without permission of
SLA/SLC members Advocate General power to the presiding officer
‘punish/arrest’
available to protection from punish (4)
inquiry by court (7) 6) If any member is arrested, convicted or released , the SL has right
NOT TO to receive immediate information regarding the same
SLA/SLC committees State Ministers
right to receive info w.r.t. a protection 7) It enjoys protection from inquiry into its proceedings or one of its
Governor member’s arrest, etc (6) against arrest (5) committees by courts.

Page 6-9
 Parliament and State Legislatures
Any decision by the Parliament, be it on a legislation proposal or a policy, is taken after due consideration and voting. Also, the legislature expresses its opinion or seeks the attention of the government on matters of public
importance. Several instruments like various types of motions are used during such considerations and also to exercise legislative control over the executive, which, is the essence of parliamentary form of government. 

If a member feels that sufficient If the bill/resolution is lengthy, it is asking the house to take some action after discussions
nee
discussion has been done and grouped into parts and the whole on ds c Censure Motion Individual Ministers
ons
matter should be put to vote part is debated and put to vote ent can
a matter of censuring aim be
Simple Closure by Compartments a formal proposal by ANY MP ministers
general public of presiding
for specific moved against Entire CoM
importance officer
policies/
Closure Motion Motions actions
Substitute Substantive Group of Ministers
moved by an MP ( moved as a substitute ( self contained
to another motion and independent
supersedes it if adopted Categories proposal on imp.
if approved by house ) matters )
te matt Motion of Thanks
deba er
if doesn’t pass
is stopped is put to vote to discuss in both houses
the vote →
Subsidiary
considered as
It depends upon or relates to another motion or follows upon some proceedings in the House. ‘defeat of govt’
Kangaroo Guilloitine By itself it has no meaning and is not capable of stating the decision of the House without Address of President
reference to the original motion or proceedings of the House. to to
Only important clauses If the time allotted for discussion
are debated and voted is over, then even the
upon and rest of the parts undiscussed parts are voted upon 1st session after each 1st session of each
are taken as passed alongwith the discussed parts sub categories general election fiscal year
(President outlines policies/programs of govt of preceding/ensuing year)

No-day-yet-named Motion
A motion admitted by the speaker but has not yet Ancilliary Amendment Superseding Privilege Motion
assigned a date for discussion
A motion which is It is a A motion which though
recognised by the subsidiary independent in form, is when ?

Calling Attention Motion practice of the House as motion that moved in the course of
the regular way of seeks to modify debate on another question moved by a member if he feels that a
To call attention of a minister to a matter of urgent public
proceeding with various a part of the and seeks to supersede that minister needs to be censured for
importance and give an authoritative statement on the same.
kinds of business. orginal motion. question. breach of privilege of house/members

examples examples by
No Confidence Motion
needs
50 members’ if passed
support to be • that the Bill be taken into •That the Bill be re-committed to a
either with
introduced consideration; select committee. g hol
•That the Bill be re-committed to a givin din
ministry is removed from office g
• that the Bill be passed. joint committee of the Houses.
[as CoM is collectively responsible to LS (Art.75) ] wrong/distorted facts facts
•That the Bill be re-circulated for
eliciting further opinion thereon.

Adjournment Motion • matter must be urgent/definite/factual and of recent occurence and importance to public
extraordinary device • should not be framed in general terms and cover only one matter
1) How many members need to support for an adjournment motion to be admitted ?
aim
2) Why can’t it be used in RS ? a subjudice matter should NOT raise a question of privilege
to draw attention of house to a matter of urgent public importance
3) What is the minimum duration of discussions under adjournment motion ? if admitted a question that could be revive discussion on a matter
raised on a distinct matter already discussed in same session
Restrictions
1) 50 (2) As it can involve censure against govt (3) 2:30 Hours adjourns business of house to discuss the motion Page 6-10
 Parliament and State Legislatures

Devices of Parliamentary Proceedings : Continued

1st hour of every parliamentary sitting
Resolutions

Question hour Speaker can allot 3 Resolution – is a self-contained independent proposal submitted for the
days/week for it no formal motion/voting approval of the House and drafted in such away as to be capable of
members ask Q. to ministers expressing a decision of the House.  A resolution may be in the form :
(can also be asked to a
private member related to • of declaration of opinion; or 
a matter for which that • of a recommendation; or 
3 types Half an hour discussion
member is responsible)
• so as to record either approval or disapproval by the House of an act or
purpose policy of Government; or 
Starred Unstarred Short Notice • convey a message; or 
• commend, urge or request an action; or 
requires requires requires • call attention to a matter or situation for consideration by government; or 
discuss a matter of public importance • in such other form as the Speaker may consider appropriate.
which has been subjected to a lot of
debate and answer to which needs Example of a resolution – In case of a natural disaster like the floods that occurred
oral answer written answer oral answer in Jammu & Kashmir, the house can pass a resolution recommending the immediate
elucidation on a matter of fact
(supplementary (supplementary (on notice measures to be taken by the Government for relief and rehabilitation of the victims.
Qs can follow) Qs can’t follow) of 10 days)
Difference between a motion and resolution:
Question zero hour Business of Speaker can allot 2
days/week for it no formal motion/voting 1. The difference between a motion and resolution is more of
Hour sta house taken up
rts procedure than content, i.e., the content of a resolution and a motion
aft
er till can be the same but the manner in which it is adopted and the
decision on the content will differ.
Zero hour
Short duration discussion
2. All resolutions come under the category of substantive motions
members can raise matters without any prior notice. purpose
but all motions are not resolutions.

3. All motions are not necessarily put to the vote of the house,
not allowed proceedings before house whereas all the resolutions are required to be voted upon.
s
discussion on matters of urgent public
de
ba e nd importance
te sp Member can move resolutions to draw
su
Also known as 2 our discussion as time allotted for such attention of the house or govt to matters of
Point of Order discussion should not exceed 2 hours general public interest

raised by Classified into 3 categories

Special Mention(RS) / Notice (LS)

Any member (usually opposition) with Private members resolution Government resolution Statutory resolution
an aim to control the govt Those matters are raised which can’t be
It is moved by a private It is one that is moved by a can be moved by a private
member. It is discussed on Minister. It can be taken up member or minister. It is
to point out
raised under Q.Hr, 1/2 Hr, 2 Hr, Adjournment alternate Fridays and in the on any day from Monday to always tabled in pursuance of
Motion, any rule of house , etc afternoon sitting Thursday a provision in the Constitution

proceedings of the house not following

the normal rules of procedure Mentioned in rules of procedure : Question Hour, Calling Attention
Indian Innovation
NOT mentioned in rules of procedure : Zero Hour Page 6-11
 Parliament and State legislatures : Legislative Procedures

Classification of Bills Classification of Bills Financial Bills

(based on who introduces them) (based on content) (kinds)
(tax, public
expenditure, etc) Ar
same general procedure (1) t.
7 11
Money Bills 11 7
and stages of passing Art. (2
)

Art. 110
by gov
d ern Financial Amendment of Matters other than
rn e ed
g ove by
Financial
Subjects Constitution financial subjects Financial
Any non- (revenue/ Bills (I) Bills (II)
introduced by A introduced by
Public Bill minister Private Bill expenditure)
refl minister
(govt bill) ect member (pvt member’s bill) Financial Bills Constitutional Amendment Bills Ordinary Bills
s Money
(different than money bills) (already covered in an earlier module)
Bill
Policies of govt stand of opposition
so, so, Financial Bills (II)
Final authority to decide if a
more chances of approval lesser chances of approval content bill is money bill or not

Financial Bills (I)

provisions involving expenditure from Cons.FI
content ( but no matters from Art.110)
Speaker

Any matter of Art.110 + other matters of general

his decision
However, it has one special incident in view of financial provision (i.e. provision
legislation
involving expenditure contained in it) viz., that it must not be passed in either house
unless the president has recommended the consideration of all bill. In other words,
Similarity with money bill the president’s recommendation is not a condition precedent to its introduction as in
the case of money bills and financial bills of Ist class but in this case it will be
sufficient if the president’s recommendation is received before the bill is considered. can’t be questioned
introduction in LS only need recommendation of by
by
president to be introduced

by
Other aspects → same as that Other aspects → same as that Courts President
for ordinary bill for ordinary bill
(i.e. rejection/amendment possible for RS, scope for joint sitting, (i.e. rejection/amendment possible for RS, scope for joint sitting, Any house of Parliament
president can return for reconsideration, etc) president can return for reconsideration, etc)

Definition of Money Bills

(Art.110)
Regulation of borrowings
abolition imposition of Union Govt.
if it contains provisions
remission Taxes dealing with or incidental to their custody
the following matters Cons.FI
alteration regulation Cont.FI
inflow/outflow of money

Acronyms used : Cons.FI→ Consolidated Fund of India Cont.FI→Contingency Fund of India Page 6-12
 Parliament and State legislatures
Procedure for passage of Money Bill
State Legislature

Parliament
Recommendation of Governor

Recommendation of President
by only in
a minister (as its a govt bill) Introduction SLA ( not SLC )

by only in
a minister (as its a govt bill) Introduction LS ( not RS )
after passage in SLA,
it is transmitted to

after passage in LS, it

is transmitted to
can only make can't
recommendations SLC reject/amend
(non-binding on SLA)
can only make can't
recommendations RS reject/amend
(non-binding on LS)
return bill to SLA return bill to SLA doesn’t return

return bill to LS return bill to LS doesn’t return

WITH recommendations within WITHOUT recommendations within 14 days
14 days in 14 days
WITH recommendations within WITHOUT recommendations within 14 days
14 days in 14 days
SLA can accept/reject Bill is deemed to have been
recommendations and bill is passed in the form passed by
LS can accept/reject considered to have been SLA
Bill is deemed to have been passed
recommendations and bill is passed in the form passed by
considered to have been LS
passed
sent for governor’s assent

sent for presidential assent

can withhold/give assent
if reserved for
president
or reserve the bill for presidential assent
can withhold/give assent (but CAN’T RETURN for reconsideration)
(but CAN’T RETURN for reconsideration)

the president can withhold/give assent but CAN”T

RETURN for reconsideration to SLA

Page 6-13
 Procedure for passage of Ordinary Bills in Parliament Parliament and State Legislatures

no need for recommendation

of president
published in in
Gazette First Reading introduction
by Any house (LS/RS)
(no discussion) Assent of President
minister or private member
k for
to as
need options
leave of house
1
give assent return for reconsideration withhold assent

Second Reading if passed again after reconsideration

scrutiny and final shape bill becomes act ( with or without amendments) bill doesn’t become act
sub-stages

General Discussion Committee Stage Consideration Stage President MUST give assent
on principles/provisions 5
(not details)
examines bill house considers bill,
thoroughly and clause by clause and
sends back to house can even amend it
House may Bill in 2nd House
cir
c
ref
to

ula
te
er

er

to
ref

to

(1st, 2nd and 3rd Readings)

take the bill into select joint elicit public
consideration committee committee opinion
(of that very house) (of both houses) options
2

pass without pass with amendments reject take no action

Third Reading amendment and return to originating the bill for 6 months
house for reconsideration

debate on acceptance/rejection of whole bill deadlock !

if originating house originating house rejects
(no amendments allowed)
accepts amendment the amendments to resolve
passed if

bill is sent to president for requires simple President may summon

Simple majority of House approves assent majority to pass joint sitting of the houses
4
If president decides not to summon
the joint sitting, then the bills ends
and becomes dead.
authenticated by speaker and transmitted to other house
3
Page 6-14
 Procedure for passage of Ordinary Bills inState Legislatures Parliament and State Legislatures

• In case of unicameral legislature → after passage by SLA , the bill is

directly sent to the governor for his assent
Any house (SLA/SLC)
in

First Reading introduction

by reserve for may give/withhold assent
(no discussion) Assent of Governor
consideration of
minister or private member president return for reconsideration

options
SL has to reconsider
within 6 months and
may send it back for
give assent return for reconsideration withhold assent presidential assent
Second Reading
scrutiny and final shape
sub-stages if passed again after reconsideration It’s not mentioned in
bill becomes Act ( with or without amendments) bill doesn’t become act constitution if it is
obligatory on part of
General Discussion Committee Stage Consideration Stage president to give assent
to such a bill or not
on principles/provisions Governor MUST give assent
(not details)
examines bill house considers bill,
thoroughly and clause by clause and
sends back to house can even amend it
House may Bill in 2nd House
cir
c
ref
to

ula
te
er

er

to if if
ref

rejects the bill SLA (1st, 2nd and 3rd Readings)

to

No provision of joint
take the bill into select joint elicit public sitting to resolve deadlock

if
consideration committee committee opinion in state legislatures
(of that very house) (of both houses) the bill ends and SLC
becomes dead

options
Third Reading

debate on acceptance/rejection of whole bill pass without pass with amendments reject take no action
(no amendments allowed) amendment and return to SLA for the bill for 3 months
reconsideration
passed if
if SLA accepts SLA rejects the SLA may pass
amendment(s) amendments the bill again
Simple majority of House approves
Bill is deemed to if SLC rejects the bill again
have been passed in or passes with
bill is sent to governor for
the form passed by amendments not resend to SLC
assent acceptable to SLA or takes
authenticated by speaker and transmitted to other house SLA the 2nd time
no action for ONE month
Page 6-15
 Parliament and State legislatures

bill rejected by a house > 6 months have Who presides is jointly

Houses disagree on elapsed since the bill was Amendments during Jt sitting
amendments in bill decided by both houses
received by other house

if absent
to resolve deadlock between 2 houses No new amendments can be
proposed except
Simple Majority if absent if absent
passage by presided by Speaker Dy. Speaker Dy. Chairman
of total members Joint Sitting of two
Houses (LSand RS) [NOT chairman of RS (VP)] the amendment(s) which the amendment(s)
(i.e. LS has advantage) have become necessary due that led to
sum
by mo to delay in passage of bill disagreement
ed

why?
ern ned

quorum
gov by
Only 3 instances of Joint Sitting
Rules of procedure of LS President he is not a member
(not RS)
of any house Dowry Banking Service Prevention of
1/10th of total members Prohibition Commission Terrorism Bill,
Bill, 1960 (Repeal) Bill, 1977 2002
of both houses
Jt sitting is NOT applicable to Money Bill/CA Bill

3 kinds of funds for Central Government

Art. 26
Art. 226 Art. 226 7

Consolidated Fund of India Public Account of India Contingency Fund of India

revenue
received by GoI remittances,etc amounts determined by law,
credited from time to time
to

Legally Other public by

Consolidated debited by
by Contingency
all receipts
credited to
authorised money credit to Public Account debit debit
executive
Fund of India executive Fund of India
payments received by of India action
action
GoI
(according to parliamentary laws)
at disposal of
all loan repayment
received by GoI savings bank
all loans raised by deposits meet
govt by means of P.F. unforeseen expenditure President
treasury bills, etc (pending authorisation by Pt) (held by Finance
Secretary on behalf
of President)

Page 6-16
 Parliament and State legislatures

Charged Expenditure
receipts BUDGET
statement of Budget expenses
Budget estimated (in a financial year) Art.112 ; Constitution terms it as “Annual Financial Statement”

expenditure Govt expenditure classified in budget expenses

charged needs to
non-votable
actual receipts/ upon CFI made from CFI be voted
by Pt
Other elements details of expenditure of Capital v/s Revenue Expenditure upon by Pt
wa (can only be e.g
ys previous year and .
estimate of

economic/ an discussed)
financial
dm reasons for
ea
ns deficit/surplus used to create assets non-asset creating
policy of the • salary/allowances • administrative
or reduce liabilities expenditure of president, VP, SC expenses of
coming year
to raise the revenue (e.g. building a bridge) (e.g. salaries/administrative costs) judges, CAG, etc SC,CAG,etc
revenue/capital
receipts

Plan v/s non-Plan Expenditure

Demand for Grants Token Grant

The estimates of expenditure expenditure on expenditure by GoI when funds to meet the proposed expenditure
included in the budget and required schemes/projects not covered by on a new service can be made available by
to be voted by LS are in form of covered by 5 year plans plans reappropriation (i.e. transferring funds from
demand for grants. one service to another)
components
A demand for a grant of token sum (₹ 1) is
Other grants , granted by Parliament are submitted to the vote of LS and if
also given below: capital revenue assented, the funds are made available.

Supplementary Grant Excess Grant Vote of Credit Additional Grant Exceptional Grant

if funds for a particular service if money spent on a service is to meet unexpected demand for expenditure on a new for a special purpose and
in current year are found to be in excess of amount granted. due to sheer magnitude or service not contemplated in forms no part of the current
insufficient (Must be approved by Public Accounts indefinite characteristics of a budget. service of any financial year.
Committee before the request for the service
grant is submitted to the LS)

Procedure for these grants is same as that for a regular budget.

Railway Budget : In 1921, railway budget was separated from general budget. But since 2017, it has been merged with general budget. Page 6-17
 Parliament and State legislatures Once this bill becomes Act, the process
after few days Stages in enactment of Budget of enactment of budget is complete

(contains govt’s taxation proposals

but voting on it is done in 6th stage) 2. General Discussion 3. Scrutiny by 24 5. Passing of Appropriation Bill 6. Passing of Financial Bill
introduction of finance bill 3-4 days departmental standing
|
committees of
|
Parliament |
1. Presentation To provide for appropriation seeks to give effect to govt’s
RS LS |
last week of feb out of CFI taxation proposals
(but no cut motion or |
by

voting as of now) |
Examine / discuss the procedure procedure
|
F.M. has right of reply at end demands for grants for various
F.M. (gives ‘budget speech’) in LS |
ministeries
| same as in case of money bills same as in case of money bills
then

|
‘Vote on Account’ |
budget laid before RS The completion of budget enactment takes about 2-3 months submit report to both houses |
but govt needs finances for its expenditure from 1st April.
(no amendment (amendments are
for consideration.
(only for dicussion. RS can’t So, ‘Vote on Account’ is passed to grant funds for 2 months allowed at this stage) allowed in this case)
vote on demand for grants) (1/6th of total estimate)

on last day allotted done

‘guillotine’ 26 days 4. Voting on demands for grants by LS (not RS) ministry wise
i.e. speaker puts all demand not
yest discussed to vote
MPs can
discuss details of budget
and

move ‘cut motions’ to reduce the demands for grants

Policy Cut Token Cut Economy Cut

asks amount to seeks the demand to seeks to reduce the demand

be reduced to ₹ 1 be reduced by ₹ 100 by a specific sum
rep
es res
pli ent
to

im s

disapproval of policy voice a particular the economy that can be affected

underlying the demand grievance against the govt in the proposed expenditure

Cut Motions facilitate discussion and uphold the principle of responsible govt but they are generally not passed as govt enjoys majority in LS.

Page 6-18