Polity

(For NDA – 2, 2022)
MARATHON
(POLITY)
PRATHMESH SIR
TOPICS TO BE COVERED
C
What Is Constitution
Making Of Indian Constitution
The constitution of India Bill 1895 ( SWARAJ Bill)
➢ This document contained 110 articles.
✓ It covered a number of individual rights –
• Right to free speech,

• Right to property
• Involution of one’s home
• Equality before the law etc.
Montagu declaration
✓ 20 August 1917
✓ This declaration proposed the increased

participation of Indians in the administration
and the development of self-governing
institutions in India
✓ Responsible Government
Government of India Act 1919 (Montagu-Chelmsford reforms)
➢ The sole purpose of this Act was to ensure

Indians of their representation in the
Government.
➢ Majority of members of Indian legislative

council will Be elected .
➢ 1920 – Direct Elections

Simon Commission (1927)

➢ 7 Member commission
➢ To examine Government of Indian Act

1919 progress & impact and give
recommendations .
➢ Report – May 1930 (First Report)

Three Round table conference
➢ First conference (1930-1931)
➢ Second conference (Sep1931- Dec 1931)
➢ Third conference (Nov 1932 – Dec 1932)

Manabendra Nath Roy (1934)
➢ In 1934 M.N. Roy first proposed the

idea of constituent assembly for India.
➢ We need a Constitution
Indian National congress (INC) 1935
➢ In 1935 Indian National Congress

official demanded for constituent
Assembly .
Jawaharlal Nehru (1938 )
➢ On behalf of the INC, Jawaharlal

Nehru declared that " the
Constitution of free India must be
framed, without outside
interference, by a Constituent
Assembly elected on the basis of
adult franchise."
August offer (1940)
➢ Viceroy Linlithgow Gave offer

➢ Demand of Nehru ji was Accepted
➢ Composition of Assembly ?
➢ Dominion State
➢ At Wardha INC Rejected the offer
➢ “dead as a doornail”
Crips Mission (1942) ➢ Headed by Stafford Cripps
➢ After WWII British Gov. ready to Form

constituent Assembly.
Cripps Mission (1942 ) ➢ No Date was declared.
➢ India's Defense would be controlled

by Britain.
➢ Right to Secede
➢ INC & Muslim league both rejected

it
Cabinet Mission (1946 )
Pethick-lawrence Stafford Cripps A.V. Alexander
Secretary of State for India President of the Board of Trade First Lord of Admiralty
389
296 93
Based on population & further divided in Muslim , Sikh

and General
Indirectly Elected
Making of Indian Constitution
Nominated
Election held in July – August 1946
INC 208
Muslim league 73
Independent 15
Princely States
didn’t Muslim League
Participated
First Meeting
✓ The Assembly met for the first time in

New Delhi on 9 December 1946.
✓ 211 Members
✓ Dr Sachidanand Sinha was the first

president of the Constituent Assembly.
✓ (Temporary)
Second Meeting
✓ 11 December 1946.
✓ Dr. Rajendra Prasad (Permanent president )

Vice President
H C Mookerjee V. T. Krishnamachari
Third Meeting
✓ 13 December 1946.
✓ Objective Resolution
✓ Vision of Indian constitution
✓ 22 Jan 1947 (Passed)

Mountbatten Plan (1947)
Partition
389
299
Committees
8 Major 13 Minor
Union Constitution Committee
Union Powers Committee
States Committee
Steering Committee
Rules of Procedure Committee
• Provincial Constitution Committee
• Advisory Committee on Fundamental Rights

Important Committees
Ad hoc Committee on the National flag Rajendra Prasad
Advisory Committee on Fundamental
Vallabhbhai Patel
Rights,
Committee on the Functions of the
G.V. Mavalankar
Constituent Assembly
Committee on Minorities and Tribal and
Vallabhbhai Patel
Excluded Areas
Committee on the Rules of Procedure Rajendra Prasad
Special Committee to Examine the Draft Alladi Krishnaswami
Constitution Ayyar
Provincial Constitution Committee Vallabhbhai Patel
Drafting Committee B.R. Ambedkar
Excluded and Partially Excluded
A.V. Thakkar
Areas Sub-Committee
Finance and Staff Committee Rajendra Prasad
Fundamental Rights Sub-Committee J.B. Kripalani
B. Pattabhi
House Committee
Sitaramayya
Minorities Sub-Committee H.C. Mukherjee
North-East Frontier Tribal Areas and
Assam, Excluded and Partially Excluded Gopinath Bardoloi
Areas Sub-Committee
Order of Business Committee K.M. Munshi
States Committee Jawaharlal Nehru
Steering Committee Rajendra Prasad
Union Constitution Committee Jawaharlal Nehru
Union Powers Committee Jawaharlal Nehru
Drafting Committees
✓ 7 Member
✓ 29 August 1947
1. Dr B R Ambedkar (Chairman)
2. N Gopalaswamy Ayyangar
3. Alladi Krishnaswamy Ayyar
4. Dr K M Munshi
5. Syed Mohammad Saadullah
6. N Madhava Rau (He replaced B L Mitter who resigned due to
ill-health)
7. T T Krishnamachari (He replaced D P Khaitan who died in
1948)
Drafting Committees
➢ First Draft - Feb 1948
➢ Second Draft - Oct 1948
➢ Final Draft - 4th Nov 1948
➢ 7653 - Amendments proposed
➢ 2473 - Amendments Discussed

Constitution Of India
• Constitution of India was adopted by the
Constituent Assembly on 26th November,
1949 and came into force on 26th January,
1950.
• 284 members presented out of 299 members

and singed on Constitution on 24th Jan 1950
• A Preamble, 395 Articles ,8 Schedules
• 15 Articles like Citizenship ,

election, provisional parliament , etc
Why 26 Jan 1950?
➢Lahore Session 1929
➢It was decided that the January 26,

1930 should be observed as Poorna
Swarajya Day .
➢ 26 Jan 1950
Important Facts
• The process took 2 years, 11 months and 18 days
• 11 sessions
• 15 women's
• Benegal Narsing Rau was legal Adviser
• H.V.R Iyengar was the Secretary of constituent assembly.

Important Facts
• Prem Behari Narain Raizada was the Calligrapher.
• rupees 64 lakhs
• National Flag on 22nd July 1947
• National Anthem on 24th January 1950
• membership of the commonwealth in May 1949

Indian Constitution
Indian Constitution
Part Subject Articles
Part I The Union and its territory Art. 1 to 4
Part II Citizenship Art. 5 to 11
Part III Fundamental Rights Art. 12 to 35
Part IV Directive Principles of state policy Art. 36 to 51
Part IVA Fundamental Duties Art. 51A
Part V The Union Art. 52 to 151
Part VI The States Art. 152 to 237
Repeated by Const. (7th Amendment)
Part VII
Act, 1956
Part VIII The Union Territories Art. 239 to 242
Indian Constitution
Part IX The Panchayats Art. 243 to 430
Art. 243P to
Part IXA The Municipalities
243ZG
Part X The Scheduled and Tribal Areas Art. 244 to 244A
Relations between the Union and the
Part XI Art. 245 to 263
States
Finanace, Property, Contracts and
Part XII Art. 264 to 300A
Suits
Trade, Commerce and Intercourse
Part XIII Art. 301 to 307
within the Territory of India
Indian Constitution
Services under the Union and the
Part XIV Art. 308 to 323
States
Part XIVA Tribunals Art. 323A to 323B
Special provisions relating to
Part XV Art. 324 to 329A
certain classes
Special provisions relating to
Part XVI Art. 330 to 342
certain classes
Part XVII Official Language Art. 343 to 351
Part XVIII Emergency Provisions Art. 352 to 360
Indian Constitution
Part XIX Miscellaneous Art. 361 to 367
Part XX Amendment of the Constitution Art. 368
Temporary, Transitional and Special
Part XXI Art. 369 to 392
Provisions
Short title, commencement,
Part XXII [authoritative text in Hindi] and Art. 393 to 395
repelas
Schedule Of Indian Constitution
1st Schedule Names of the States and Union Territories with their
territorial jurisdiction.
2nd Schedule Provisions relating to the emoluments, allowances,
privileges.
3rd Schedule Forms of Oaths or Affirmations.
4th Schedule Allocation of seats in the Rajya Sabha to the states and the
union territories.
5th Schedule Provisions relating to the administration and control of
scheduled areas and scheduled tribes.
6th Schedule Provisions relating to the administration of tribal areas in
the states of Assam, Meghalaya, Tripura and Mizoram.
7th Schedule Division of powers between the Union and the States (3
lists)
8th Schedule Languages recognized by the Constitution.(22 Languages
)
9th Schedule land reforms and abolition of the zamindari system ( 1st
Amendment 1951)
10th Schedule Provisions relating to disqualification of the members of
Parliament and State Legislatures on the ground of
defection.(52nd Amendment 1985)
11th Schedule provisions that specify the powers, authority and
responsibilities of Panchayats. ( 29 Matters)
12th Schedule Specifies the powers, authority and responsibilities of
Municipalities. ( 18 Matters)
2nd Schedule
1. President of India
2. Governor of state
3. Speaker and deputy speaker
4. Chairman and deputy chairman
5. Speaker and Deputy chairman of state legislature
6. Chairman and deputy chairman of council of state
7. Judges of SC and HC
8. CAG (Comptroller and Auditor-General of India)
3nd Schedule
1. The Union Ministers
2. Members of parliament
3. SC judge
4. CAG
5. The State minister / member of State legislature
6. Judges of HC
Division of power 42nd amendment Act 1976 shifted
Seventh
between union and below mentioned five subjects from
Schedule
state in terms of list State list to Concurrent List:
Originally - 97 1. Education
Union List 2. Forests
Currently - 100
Originally - 66 3. Protection of wild animals and birds
State List 4. Weights and measures and
Currently - 61
Concurrent Originally - 47 5. Administration of justice,
List Currently - 52 constitution and organization of all
courts except the Supreme Court
and the High Court
Union State concurrent

• Defense • Agriculture • Education
• Atomic Energy • Police • Transfer of
• Foreign Affairs • Prison Property other
• War and Peace • Local Government than Agricultural
• Banking • Public Health land
• Railways • Land • Forests
• Post and Telegraph • Liquor • Trade Unions
• Airways • Trade and Commerce • Adulteration
• Ports • Livestock and Animal • Adoption and
• Foreign Trade Husbandry Succession
• Currency & Coinage • State Public Services
Borrowing Features Of Constitution
British • The idea of single citizenship

constitution • The idea of the Rule of law
• Institution of Speaker and his role
• Lawmaking procedure
• Procedure established by Law
• Parliamentary form of government
• Writs
• Judicial review
United States • Preamble
• Fundamental Rights
• Federal structure of government
• Electoral College
• Independence of the judiciary and separation of
powers among the three branches of the
government
• President as Supreme Commander of Armed Forces
• Equal protection under law
Ireland • Directive Principles of State Policy
• Nomination of members to Rajya Sabha
• Method of Election of President

Canada • A quasi-federal form of government
• Distribution of powers between the

central government and state
governments
• Residual powers retained by the central

government
France • Republic and the ideals of Liberty,

Equality and Fraternity in the Preamble
(USSR) • Fundamental Duties
• Idea of Social, Economic, and Political

Justice in Preamble
• Constitutionally mandated Planning

Commission & concept of 5 years Plan
Australia • Concurrent List
• Freedom of trade and commerce within

the country and between the states.
• Power of the national legislature to

make laws for implementing treaties,
even on matters outside normal Federal
jurisdiction.
South Africa • Election of Rajya Sabha members
• Procedure for amendment

Japan • Procedure Established by Law

Government • Office of governor

of India Act
1935 • Public Service Commissions
• Emergency provisions
• Judiciary
• Administrative Details
Constitution
▪ Constitution is basically a set of rules , regulations , guidelines

and principles based on which our government functions.
▪ The Constitution of India is the longest written constitution in
the world .
What Is Preamble?
What Is Preamble?
▪ It is a brief introductory statement
of constitution .
▪ A preamble is an introductory and
expressionary statement in a
document that explains the
document's purpose and under
lying philosophy.
▪ Date of Adoption
Concept Of Preamble
▪ Concept of preamble is taken from
American constitution.
▪ Language of preamble is taken from

Australian Constitution.
Objective resolution
▪ Preamble is modern form of
objective resolution .
▪ 13 December 1946 (Moved)
▪ 22 January 1947 (Adopted)

Objective resolution
To have a federal form of government with the distribution of
powers between the Centre and the States.
To provide adequate safeguards for minorities, backward and

tribal areas and depressed and other backward classes.
All powers and authority of sovereign and independent India

and its constitution shall flow from the people.
To guarantee and secure justice, equality, freedom of thought,

expression, belief, faith, worship, vocation, association and action
to all the people of India.
Components of Preamble
Source of authority The People of India
Nature of Indian Sovereign, Socialist, secular, Democratic and

state Republic
Objective of
Justice, Liberty, Equality and Fraternity
constitution
Keywords of Preamble
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into
a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all
its citizens:
JUSTICE, social, economic and political; LIBERTY of thought, expression, belief,
faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all FRATERNITY assuring the dignity of the
individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949,
do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION
Keywords of Preamble
Sovereign Socialist Secular
Democratic Republic Justice
Liberty Equality Fraternity

Key words
▪ India has its own independent authority.
Sovereign
▪ India has the sole authority to make
judgments about both internal and external
issues.
▪ No foreign power has the power to impose

its will on the Indian government.
▪ India can acquire a foreign territory

Key words
▪ This term was added by 42nd constitution
Socialist amendment act 1946.
▪ Democratic socialism
▪ Socialism is a social system in which
everyone in the community has an equal
part of the many aspects of resource
creation, distribution, and trade. It's a
cooperative system, each member of the
community owns a portion of communal
resources, has also been used to
demonstrate socialism.
Key words
Secular
This term was added by 42nd constitution amendment act 1946.
Types of State
Atheistic Theocratic Secular

Key words
Secular
▪ State has no Official religion
▪ Article 25 – 28 (Right to freedom of

religion)
▪ All religion enjoy same status and support

from the government of India.
Key words
Democratic ▪ People have to Supreme Power
▪ "Democracy is a government of the

people, by the people, and for the
people." Abraham Lincoln.
▪ Parliamentary Democracy not Presidential

Democracy
Key words
▪ The head of state is always elected directly
Republic
or indirectly for a fixed period of time, Like
President in India .
Head of the state
Monarchy Republic
Key words
▪ Concept is taken from Russian revolution
Justice
(1917)
Justice
Social Economical Political

Key words
▪ Idea is Taken from French revolution (1789-
Liberty
1799)
▪ It is the opportunity to develop oneself fully.
▪ certain minimal rights must be enjoyed by

every person in a community.
▪ Fundamental rights as freedom of thinking,

expression, belief, faith, and worship.
Key words
Liberty
Liberty
Thoughts Expression Belief Faith Worship
❖ Liberty Dose not mean License to do whatever one likes

Key words
EQUALITY
▪ Absence of privilege to any section of society.
▪ Adequate opportunity to All without

Discrimination.
▪ Article 14,15,16,17,18 Ensure that

Key words
▪ Sense of brotherhood .
Fraternity
▪ Single citizenship and fundamental duties
(51A)
Key words
Fraternity
Dignity of Unity & integrity

individual of nation
Integrity Added by 42nd constitution amendment Act 1942

Cases related to preamble
▪ Berubari Union Case 1960
▪ Preamble Can not amendable by

Article 368
▪ Its Important but not the part of

Indian Constitution
▪ Keshawanand Bharti vs State of Kerala

1973
▪ Preamble Can be amended by Article 368

but cant change basic stricture .
▪ Its Integral part of Indian constitution .
▪ Basic Structure of Indian constitution

▪ Keshawanand Bharti vs State of Kerala
1973
▪ Supremacy of the Constitution
▪ Unity and sovereignty of India
▪ Democratic and republican form of
government
▪ Federal and Secular character of the
Constitution
▪ Separation of power between center and
state
▪ Individual freedom of people
LIC of INDIA Case 1995
▪ Its Integral part of Indian constitution.
Preamble of constitution
▪ 42nd CAA 1976 Added (Socialist ,secular, Integrity )
▪ Preamble is non –justiciable
▪ Amended only once
▪ K.M Munshi “preamble is the horoscope of our sovereign democratic
republic “
▪ Pundit Thakur Das Bhargav "The Preamble is the most precious part of the
Constitution. It is the soul of the Constitution. It is a key to the
Constitution.
Features of Indian constitution
Longest constitution of the world
▪ 26 January 1950 – A Preamble , 22 Parts , 395 Articles , 8 Schedules
▪ Currently – A preamble ,25 Parts , 12 Schedules , Articles ??

Unwritten Written constitution Written constitution

constitution
Combination of rigidity and flexibility
Flexible Partly rigid partly Rigid

flexible
Combination of rigidity and flexibility
▪ The Indian Constitution strikes a fine balance between rigidity and

flexibility
▪ Article 368 – Constitution Amendment

Framed From Different Sources
Parliamentary System
▪ A democracy where the political party with majority seats rules.
▪ Prime Minister at the center and Chief Minister at the state level are the
heads of the government at respective levels.
▪ Council of ministers are collectively responsible to the lok sabha
▪ The lower house is subject to Dissolution. ( 5 years )
Independent Judiciary System
Supreme court
High Court
District court
Subordinate court
Independent Judiciary System
Appointment of judges of Supreme Court and High Courts by collegium
system.
Separation of the judiciary from the executive
Security of tenure of judges
Ban on practice after retirement
Supreme Court judges salaries, pensions, and allowances are charged to
India's Consolidated Fund
Supremacy of the constitution
Democratic System
▪ Elected government
▪ Free and regular election

Federal Features
Dual Government
Supremacy of constitution
Independent judiciary
Division of power ( schedule 7 )
Bicameralism
Unitary Features
▪ Emergency Provisions
▪ Single Constitution
▪ Single Citizenship
▪ Appointment of Governor
▪ No Equality in State representation
▪ All India Services
Three –tire government
Central government
State government
Local government
The union and its territory (Article 1 – Article 4 )
States
UNION
ARTICLE 1
1. India, that is Bharat, shall be a Union of States.
2. The States and the territories thereof shall be as

specified in the First Schedule.
3. Territory of India is comprises of :
4. Territories of the States
5. The Union Territories
6. Territories that may be acquired by GOI at Any

time .
ARTICLE 2
Admission or establishment of new States.—Parliament may by law admit into
the Union, or establish, new States on such terms and conditions as it thinks
fit.
ARTICLE 2
The power to admit into The power to

the Union of India new establish new
state. states
ARTICLE 2
ARTICLE 3
Article 3 - Formation of new States and alteration of areas, boundaries or
names of existing States.
a. form a new State by separation of territory from any State or by uniting
two or more States or parts of States or by uniting any territory to a part
of any State;
b. increase the area of any State;
c. diminish the area of any State;
d. alter the boundaries of any State;
e. alter the name of any State:
ARTICLE 4
Declares that laws made under

Article 2 and 3 are not to be
considered as amendments of the
Constitution under Article 368.
More then 50% of

members present Simple Majority
and voting
What are Rights ?
Human Rights
Human rights are rights of all humans
inherent to all human beings, regardless
of race, sex, nationality, ethnicity,
language, religion, or any other status.
• right to life and liberty
• freedom from slavery and torture
• freedom of opinion and expression
• the right to work and education etc.
• The Universal Declaration of Human Rights (UDHR) is an international
document adopted by the United Nations General Assembly (UNGA)
on December 10, 1948
Fundamental Rights
• Part III ( Magna Carta of India )

• Fundamental in nature
• Limit the power of parliament
• Directly go to SC or HC
• Justiciable
• American constitution ( Bill of
rights )
Legal & Constitutional Rights
Constitutional
Legal Rights
Rights
History of fundamental Rights
• The Constitution of India Bill 1895 (swaraj Bill)
• Freedom of speech, right to privacy, right of
franchise etc.
• The Motilal Nehru Report of 1928 demanded
indispensible fundamental rights for the people
of India (American Bill of rights )
Advisory Committee on Fundamental
Rights(January 24, 1947)
Sapru committee report was published in 1945
Non Justiciable
Justiciable Rights
Rights
❖ Fundamental ❖ Directive Principle
Rights of State Policy
Fundamental Rights
➢ Part III
➢ Article 12 – Article 35
➢ Originally - 7
➢ Currently – 6
➢ Justiciable
➢ USA
44th Constitution Amendment Act 1978
➢ Right to Property (Article 31 )

➢ A new provision, Article 300-A in
Part XII was added to the
constitution, which provided that
“no person shall be deprived of his
property save by authority of law”.
Right to Right to
constitutional Equity
Remedies Article 14 -18
Article 32
Cultural and Right to

educational Freedom
Rights Article 19 -
Article 29 - 30 22
Right to Right Against

freedom of Exploitation
religion Article 23 -24
Article 25 - 28
Article 12
Definition of “State”
All local
Government & Government & AUTHORITIES All Other Authority
Parliament of India Legislature of state Municipalities (Statutory & Non
(Union government) (State government) Panchayats Statutory)
Executive,legislative Executive,legislative District Boards LIC , SAIL etc.
Article 13
Laws inconsistent with or in derogation of the fundamental rights
Article 13(1) -All laws in force in the territory of India immediately
before the commencement of this Constitution, in so far as they are
inconsistent with the provisions of this Part, shall, to the extent of
such inconsistency, be void
26 January 1950
Article 13
Laws inconsistent with or in derogation of the fundamental rights
Article 13 (2) - The State shall not make any law which takes away
or abridges the rights conferred by this Part and any law made in
contravention of this clause shall, to the extent of the
contravention, be void.
26 Jan 1950
Right to Equality ( Article 14 -18 )
➢ Article 14 - Equality before law
➢ Article 15 - Prohibition of discrimination on grounds of religion,
race, caste, sex or place of birth.
➢ Article 16 - Equality of opportunity in matters of public
employment.
➢ Article 17 - Abolition of Untouchability
➢ Article 18 - Abolition of titles
Article 14
Equality before Law
➢ The State shall not deny to any person equality before the law
or the equal protection of the laws within the territory of
India.
➢ Everyone should treated equally by law.
Article 14
Equality before Law Equal protection of law

Article 14
No
Equality before law Special
Privilege
Article 14
The like
should be
Equal Protection of Law
treated
alike
Exceptions
➢ President , governor not answerable to any court fir
performing their duties .
➢ No Criminal proceeding during term of office .
➢ No Arrest during term
➢ Parliament member ( Article 105)
➢ State legislature ( Article 194)
➢ Foreign rulers , diplomats , Ambassadors
ARTICLE 15
ARTICLE 15
Prohibition of discrimination on grounds of

religion, race, caste, sex or place of birth
5
(1) The State shall not discriminate against any citizen on grounds
only of religion, race, caste, sex, place of birth or any of them.
ARTICLE 15
No citizen shall, on grounds only of religion, race, caste, sex, place of
birth or any of them, be subject to any disability, liability, restriction
or condition with regard to—
(a) access to shops, public restaurants, hotels and places of
public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of
public resort maintained wholly or partly out of State funds or
dedicated to the use of the general public.
ARTICLE 15
Protective Discrimination
• Nothing in this article shall prevent the State from making any special
provision, by law, for the advancement of :
➢ women and children.
➢ Socially and educationally backward classes
➢ Scheduled Castes and the Scheduled Tribes
➢ economically weaker sections
ARTICLE 16
Equality of opportunity in matters of public employment.
Religion Sex
Race Descent
Cast Place of birth/resident

ARTICLE 16
Reasonable Discrimination
Place of birth/resident
Backward class
(Not represented properly )
Religion
ARTICLE 17
Abolition of Untouchability
• “Untouchability” is abolished and its practice in any
form is forbidden. The enforcement of any disability
arising out of “Untouchability” shall be an offence
punishable in accordance with law.
• No Exception
• Untouchability offense Act 1955
University of Mumbai (B.A.,

M.A.) Columbia University
(M.A., PhD) London School of
Economics (M.Sc., D.Sc.) Gray's
Inn (Barrister-at-Law)
ARTICLE 18
Abolition of Titles
Raja Sahab Dewan Sahab Raj Bahadur Rai Bahadur

ARTICLE 18
No citizen of India shall accept any

title from any foreign State
ARTICLE 18
No person holding any office of profit or trust under
the State shall, without the consent of the President,
accept any present, emolument, or office of any kind
from or under any foreign State.
Exceptions
Military & Academic Titles
Awards
• Case of Balaji Raghavan v. Union of India 1996
• court said that National awards aren’t titles
• Can not be used as suffix or prefix
• Awards like Padma Vibhushan, Padma Shri etc. can be given to
the citizens for exceptional and distinguished services
rendered in art, literature, science and other fields.
Right to Freedom ( Article 19-22)
Right to Freedom
Article 19 - 22
Article 19
Article 19 Guarantees Six Freedoms
➢ of freedom of speech and expression.
➢ to assemble peaceably and without arms.
➢ freedom to form associations or unions.
➢ freedom to move freely throughout the territory of India.
➢ freedom to reside and settle in any part of the territory of India.
➢ freedom to practise any profession, or to carry on any
occupation, trade or business.
Article 19
freedom of speech and expression
➢Freedom of hosting the national

flag
(2004)
Article 19
• Freedom to assemble peaceably and without arms
Article 19
• Freedom to form associations or unions
• Right to obtain recognition is not fundamental right
• Not right to strike
Article 19
Freedom to move freely throughout the territory of India
Restrictions
Protection of
Interest of
interest of
General public
schedule tribe
Article 19
Article 19
Right to
movement
Internal External
(Article 19) (Article 21)
Article 19
Freedom to reside and settle in any part of India
Reasonable restrictions
Article 19
• Freedom to practice any profession, or to carry on any
occupation trade or business.
• Not immoral profession
Article 20
Protection in respect of conviction for offences.
Protection against arbitrary and excessive punishment
National
Emergency
Article 20
No ex-post facto No Double No Self-

Law jeopardy incrimination
Article 20
No ex-post facto Law
No person shall be convicted of any offence except for violation
of a law in force at the time of the commission of the Act
charged as an offence, nor be subjected to a penalty greater
than that which might have been inflicted under the law in
force at the time of the commission of the offence
Article 20
No ex-post facto Law
Retrospective Prospective
State can not make retrospective laws

Article 20
No Double jeopardy
• No person shall be prosecuted and punished for the same
offence more than once.
Article 20
No Self-incrimination
• No person accused of any offence shall be compelled to be a
witness against himself.
Article 21
Protection of life
Protection of lifeand
and
personal liberty
personal liberty
Right to Personal
life liberty
Article 21
• Right to live with human dignity.
• Right to the decent environment including pollution-free water and air and
protection against hazardous industries.
• Right to livelihood.
• Right to privacy.
• Right to shelter.
• Right to health.
• Right to free education up to 14 years of age.
• Right to free legal aid.
• Right against solitary confinement.
• Right to a speedy trial.
• Right against handcuffing
Article 21
• Right against inhuman treatment.
• Right against delayed execution.
• Right to travel abroad.
• Right against bonded labor.
• Right against custodial harassment.
• Right to emergency medical aid.
• Right to timely medical treatment in a government hospital.
• Right not to be driven out of a state.
• Right to a fair trial.
• Right of prisoner to have necessities of life.
• Right of women to be treated with decency and dignity
• Right against public hanging.
Article 21
• Right to hearing.
• Right to information.
• Right to reputation.
• Right of appeal from a judgment of conviction
• Right to social security and protection of the family
• Right to social and economic justice and empowerment
Article 21
No person shall be deprived of his life or personal liberty except
according to procedure established by law.”
Article 21
No person shall be deprived of his life or personal liberty except
according to procedure established by law.”
Article 21 Protect us from Arbitrary executive Action

Article 21
• Due process of law
• Maneka Gandhi vs union of India (1978)
Article 21
Right to die
National
Emergency
Article 21(a)
The 86th Constitution Amendment Act, 2002 inserted Article 21-
A in the Constitution of India to provide free and compulsory
education of all children in the age group of six to fourteen years
as a Fundamental Right in such a manner as the State may, by
law, determine
Article 22
Protection against arrest and detention in certain cases

Article 22
Detention
Punitive detention preventive detention

Article 22
Punitive detention
(1) No person who is arrested shall be detained in custody
without being informed, as soon as may be, of the grounds for
such arrest nor shall he be denied the right to consult, and to be
defended by, a legal practitioner of his choice.
Article 22
Punitive detention
Every person who is arrested and detained in custody shall be
produced before the nearest magistrate within a period of twenty-
four hours of such arrest excluding the time necessary for the
journey from the place of arrest to the court of the magistrate and
no such person shall be detained in custody beyond the said period
without the authority of a magistrate.
Right against exploitation
Right Against
Exploitation
Article 23 -24
Article 23
Prohibition of traffic in human beings and forced labour
Selling and Immoral traffic

buying Man , in women and
Devadasis Slavery
women and children
children's (prostitution)
Protect Against the state and private person

Article 23
Forced labour
Minimum
Physical Legal
wages
Article 23
Exception
It Permits the state to impose compulsory service for public
purpose like military service , social service , for which it is not
bound to pay . However imposing such service ,the state is not
permitted to make any discrimination on grounds of only religion ,
race ,cast or class
Article 24
Prohibition of employment of children in factories
No child below the age of fourteen years shall be employed to work
in any factory or mine or engaged in any other hazardous
employment.
The Child Labour (Prohibition and Regulation) Act of 1986 (

2016 amendment )
Right to freedom of religion
Right to freedom
of religion
Article 25 - 28
Article 25
Freedom of conscience and free profession, practice and propagation
of religion
➢ Right to Profess
➢ Freedom of conscience
➢ Right to Practice
➢ Right to Propagate
Right to freedom of religion
State can intervene when practice of religion contravenes public
order ,morality , health and the objectives of welfare state .
Article 26
Freedom to manage religious affairs.
Religious denominations
(a) Freedom to establish and maintain institutions for religious and
charitable purposes
(b) to manage its own affairs in matters of religion
(c) to own and acquire movable and immovable property
(d) to administer such property in accordance with law.
Article 27
Freedom as to payment of taxes for promotion of any particular
religion
➢ No person shall be compelled to pay any taxes, the proceeds of
which are specifically appropriated in payment of expenses for
the promotion or maintenance of any particular religion or
religious denomination.
Article 28
Freedom as to attendance at religious instruction or religious
worship in certain educational institutions
Article 28
Administrate by
Institutions state but
wholly establish under Recognized Receive
maintain by any endowment by state aid from
the state or trust state
Completely Voluntary Voluntary

Permitted
prohibited basis basis
Cultural & Educational rights
Cultural and
educational Rights
Article 29 - 30
Article 29
Protection of interests of minorities.
➢ every section of citizens residing in any part of the country have
the right to protect and conserve its own distinct language, script
or culture (it provides the right to a group/section/community of
people).
Article 29
➢ No citizen shall be denied admission into any educational
institution maintained by the State or receiving aid out of State
funds on grounds only of religion, race, caste, language or any of
them
Article 30
Right of Minorities to Establish and Administer Educational
Institutions
➢ All minorities, whether based on religion or language, shall
have the right to establish and administer educational
institutions of their choice
➢ The State shall not, when granting aid to educational
institutions, discriminate against any educational institution
on the ground that it is under the management of a minority,
whether based on religion or language.
Article 32
Right to
constitutional
Remedies
Article 32
Article 32
”an article without which this Constitution
would be a nullity — I could not refer to any
other article except this one (Article 32). It is
the very soul of the Constitution and the very
heart of it.”
Article 32
Right to Constitutional Remedies
Article 32 Article 226

Writs
Habeas Corpus Mandamus Prohibition Certiorari Quo-Warranto

Writs
➢ The Latin meaning of the word ‘Habeas Corpus’ is ‘To have the
body of.’ This writ is used to enforce the fundamental right of
individual liberty against unlawful detention
➢ Article 22
Habeas Corpus
➢ Application of Habeas Corpus can be filed by person himself,
parents , wife , brother or even friends.
➢ The Supreme Court or High Court can issue this writ against
both private and public authorities.
➢ Habeas Corpus can not be issued in the following cases:
• When detention is lawful
• When the proceeding is for contempt of a legislature or a
court.
• Detention is outside the jurisdiction of the court
Mandamus
Mandamus
➢ The literal meaning of this writ is ‘We command.’ This writ is used
by the court to order the public official who has failed to perform
his duty or refused to do his duty, to resume his work
Can not be Issued Against
➢ Private individual or Body
➢ Department Instructions
➢ Against President & State Governors
➢ Against Chief justice of high court
Prohibition
Supreme court
High Court
District court
Subordinate court
Prohibition
Prohibition
Prohibition
➢ This writ is issued by the higher judicial body to lower authorities
in order to restrict their use of power because they have
extended their jurisdiction to act. This writ also ensures that any
government official does not act unfairly.
➢ This writ can only be used against the judicial body and Quasi-
judicial body.
➢ This writ can not be issue against private individual , legislative
body or Administrative Authority .
Certiorari
Life
imprisonment
Certiorari
Certiorari
➢ This writ comes into play when the question of constitutional
validity arises and it is issued by the supreme court or by the high
court to quash the decision of the district court or lower courts .
➢ This writ issues when judgment is already given .
➢ This writ empowers the high court or the Supreme Court who can
correct the decision which is given by the lower court.
➢ Higher court can transfer the cases from lower court ( Preventive
function )
➢ Certiorari can be issue against administrative authority also
Quo-Warranto
By what
Authority
Quo-Warranto
➢ The literal meaning of the writ of ‘Quo-Warranto’ is ‘By what
authority or warrant.’ Supreme Court or High Court issue this writ
to prevent illegal usurpation of a public office by a person.
➢ Through this writ, the court enquires into the legality of a claim
of a person to a public office.
➢ Can not be issued against individual or private office .
Article 33
➢ Article 33 gives the Parliament the authority to limit or
abolish the fundamental rights of members of the armed
forces, paramilitary forces, police forces, intelligence
agencies, and similar forces.
➢ Article 33 grants the power to make laws only to Parliament, not
to state legislatures.
Fundamental Duties
▪ The idea of Fundamental Duties is inspired from USSR.
▪ Fundamental Duties were added in Part IV-A of the
Constitution by the 42nd Constitutional Amendment Act,
1976 on the recommendations of Swaran Singh
Committee.
▪ A new Article 51 (a) was incorporated .
▪ Originally 10 fundamental Duties were their
▪ One more duty was added through the 86th Constitutional
Amendment Act, 2002.
▪ Duties are also non-justiciable in nature
Fundamental Duties
a. To abide by the Constitution and respect its ideals and

institutions, the National Flag and the National Anthem;
b. To cherish and follow the noble ideals which inspired our
national struggle for freedom;
c. To uphold and protect the sovereignty, unity and integrity of
India;
d. To defend the country and render national service when called
upon to do so.
Fundamental Duties
e. To promote harmony and the spirit of common brotherhood amongst all

the people of India transcending religious, linguistic and regional or
sectional diversities; to renounce practices derogatory to the dignity of
women;
f. To value and preserve the rich heritage of our composite culture.
g. To protect and improve the natural environment including forests, lakes,
rivers and wild life, and to have compassion for living creatures.
h. To develop the scientific temper, humanism and the spirit of inquiry and
reform.
Fundamental Duties
i. To safeguard public property and to abjure violence;

j. To strive towards excellence in all spheres of individual and
collective activity so that the nation constantly rises to higher
levels of endeavor and achievement;
k. Who is a parent or guardian to provide opportunities for
education to his child or, as the case may be, ward between the
age of six and fourteen years
What is DPSP ?
What is DPSP ?
▪ The Constitution of India laid down certain Directive Principles of

State Policy which are fundamental in the governance of the nation.
It is the duty of each Indian State to apply these principles while
making laws as these constitute a very comprehensive social,
economic and political programme for a modern welfare state.
▪ These principles emphasis that the State shall try to promote the
welfare of people by providing them basic facilities like shelter, food
and clothing.
What is DPSP ?
What is DPSP ?
o Part IV
o Article 36 – 51
o Irish constitution (Spain)
What is DPSP ?
✓ Dr. B.R. Ambedkar, the Directive
Principles of State Policy is a ‘novel
feature’ of the Indian Constitution.
What is DPSP ?
STATES
Classification of DPDS ?
Directive Principles of State Policy
Socialist Gandhian Liberal

Principle Principle Principal
38,39,41,4 44,45,48,48(A)
40,43,43B,4
2,43,43(a), ,49,50,51
6,47,48
47
Article 36
▪ Definition—In this Part, unless the context otherwise requires,

“the State” has the same meaning as in Part III.
▪ They are an ‘instrument of instructions’ which are enumerated
in the Government of India Act, 1935.
Article 37
▪ The provisions contained in this

Part shall not be enforceable by
any court, but the principles
therein laid down are nevertheless
fundamental in the governance of
the country and it shall be the duty
of the State to apply these
principles in making laws.
Article 38
▪ The State shall strive to promote

the welfare of the people by
securing and protecting a social
order by ensuring social, economic
and political justice and
by minimizing inequalities in
income, status, facilities and
opportunities.
Article 39
The State shall in particular, direct its policies
towards securing
▪ Right to adequate means of livelihood for all citizens.

▪ Equal pay for equal work for both men and women;
▪ Childhood and youth shall not be exploited & children are
given opportunities and facilities to develop in a healthy
manner.
Article 39
towards securing
▪ Health and strength of workers, men and women, and the

tender age of children are not abused.
▪ Citizens are not forced by economic necessity to enter
avocations unsuited to their age or strength.
▪ The ownership and control of material resources shall be
organized in a manner to serve the common good.
Article 39
towards securing
▪ Right to an adequate means of livelihood to all the citizens.

▪ The ownership and control of material resources shall be organized in a
manner to serve the common good.
▪ The State shall avoid concentration of wealth in a few hands.
▪ Equal pay for equal work for both men and women.
▪ The protection of the strength and health of the workers.
▪ Childhood and youth shall not be exploited.
Article 39 (a)
Added by 42nd constitution amendment
1976
➢ Equal justice and free legal aid

▪ The State shall secure that the operation of the legal
system promotes justice, on a basis of equal opportunity,
and shall, in particular, provide free legal aid, by suitable
legislation or schemes or in any other way, to ensure
that opportunities for securing justice are not denied to
any citizen by reason of economic or other disabilities.
Article 40
➢ Organisation of village panchayats.

▪ The State shall take steps to organize
village panchayats and endow them
with such powers and authority as
may be necessary to enable them to
function as units of self-government.
Article 41
▪ The State shall, within the limits of its

economic capacity and development,
make effective provision for securing
1. The right to work
2. Right to education
3. Right to public assistance in cases of
unemployment, old age, sickness and
disablement, and in other cases of
undeserved want.
Article 42
▪ The State shall make provision for

securing just and humane conditions
of work and for maternity relief.
Article 43
▪ The State shall endeavor to secure, by suitable legislation or

economic organization or in any other way, to all workers,
agricultural, industrial or otherwise, work, a living wage, conditions
of work ensuring a decent standard of life and full enjoyment of
leisure and social and cultural opportunities and, in particular, the
State shall endeavor to promote cottage industries on an individual
or co-operative basis in rural areas.
▪ Secure a living wage, a decent standard of living and social and
cultural opportunities for all workers
Article 43 (a)
1976
▪ The State shall take steps to secure the participation of workers in the
management of industries.
Article 43 (b)
▪ To promote voluntary formation, autonomous functioning, democratic

control and professional management of cooperative societies.
Article 44
▪ The State shall endeavor to secure for the citizens a uniform civil code
throughout the territory of India.
Article 45
▪ The State shall endeavor to provide early childhood care and education
for all children until they complete the age of six years.
Article 46
▪ The State shall promote

educational and economic
interests of the weaker
sections of the people
particularly that of
the Scheduled Castes
(SCs), Scheduled Tribes
(STs)and other weaker
sections.
Article 47
▪ Duty of the State to raise the

level of nutrition and the
standard of living and to
improve public health.
▪ Prohibit consumption of
intoxicating drinks and drugs
that are injurious to health.
Article 48
▪ The State shall endeavor to

organize agriculture and animal
husbandry on modern and
scientific lines and shall, in
particular, take steps for
preserving and improving the
breeds, and prohibiting the
slaughter, of cows and calves and
other milch and draught cattle.
Article 48 (a)
1976
❑ Protection and improvement of

environment and safeguarding of
forests and wild life.
❑ The State shall endeavor to protect and
improve the environment and to
safeguard the forests and wild life of
the country.
Article 49
▪ The State shall protect

every monument or place of
artistic or historic interest.
▪ Protect monuments, places
and objects of artistic or
historic interest which are
declared to be of national
importance.
Article 50
▪ The State shall take steps to separate judiciary from the executive in the
public services of the State.
Article 51
➢ Promotion of international peace and security

a. Promote international peace and security
b. Maintain just and honorable relations
between nations
c. Foster respect for international law and treaty
obligations in the dealings of organised
peoples with one another
d. Encourage settlement of international
disputes by arbitration.
42nd Amendment and DPSP
▪ It introduced certain changes in the part-IV of the Constitution by

adding new directives
➢ Article 39A: To provide free legal aid to the poor.
➢ Article 43A: Participation of workers in management of Industries.
➢ Article 48A: To protect and improve the environment.
DPSP
According to Prof. K T Shah, the Directive
principles of State Policy are like a cheque on
a bank payable at the convenience of the
bank.
Union Legislature
▪ Parliamentary form of
Government (‘Westminster’
model of government).
Union Legislature
Part V (Article 79 – 122)

▪ The Union Legislature of India is not only the lawmaking body,
but the center of all democratic political process.
▪ The Parliament of India is bicameral (i.e. consists of two
houses) namely Rajya Sabha (the Council of States) and Lok
Sabha (the House of the People).
Parliament
Rajya Sabha Lok Sabha President

Lok Sabha
▪ Article 81 Gives provision of Lok sabha.

▪ House of people , lower house.
▪ The Lok Sabha was duly constituted for
the first time on 17 April 1952 after
the first General Elections were held
from 25 October 1951 to 21 February
1952.
▪ Direct Elections
Composition Of Lok Sabha
552
States Indian Union
81(a) Territories
530 20 2
Composition Of Lok Sabha
Elections Of Lok Sabha
• Direct Elections.
• Universal Adult Franchise (Article 326): Every
citizen who has attained the minimum age of
18 years has the right to vote in the elections
to the Lok Sabha. However, it is essential that
his name should stand included in the voters
list of his constituency.
• 61st constitution Amendment Act voting age
21 to 18
Reservation Of Seats In LS
❖ Some constituencies are reserved for

Scheduled Castes and Scheduled
Tribes.
❖ Scheduled Castes – 84
❖ Scheduled Tribes – 47
❖ Article 330
Bicameral
552 543
5 years
Election System
First Past the post
System
Simple Majority
Two Party system

How PM Is Appointed
Approval of MP
Council Of Ministers
Ministers of States
Cabinet ministers
Deputy ministers
Shadow cabinet
▪ Article 74 says - There shall be a Council of Ministers with the

Prime Minister at the head to aid and advise the President who
shall, in the exercise of his functions, act in accordance with
such advice.
▪ Article 75 says - The Prime Minister shall be appointed by the
President and the other Ministers shall be appointed by the
President on the advice of the Prime Minister.
▪ The Council of Ministers shall be collectively responsible to the

House of the People.
▪ A Minister who for any period of six consecutive months is not a
member of either House of Parliament shall at the expiration of
that period cease to be a Minister.
▪ The total number of Ministers, including the Prime Minister, in the
Council of Ministers shall not exceed 15% of the total number of
members of the House of the People.(91ST Constitution
amendment act 2003).
Lok Sabha Quorum
▪ A quorum is the minimum number

of members required to be present
before a meeting is allowed to
begin.
▪ Constitution has fixed one-tenth
strength as a quorum for both Lok
Sabha and Rajya Sabha.
▪ Article 100
Speaker Of Lok Sabha
▪ Article 93 of the Constitution provides for the

election of both the Speaker and the Deputy
Speaker.
▪ The Speaker is the constitutional and
ceremonial head of the House.
▪ The Speaker (along with the Deputy Speaker) is
elected from among the Lok Sabha
members by a simple majority of members
present and voting in the House.
Speaker Of Lok Sabha
▪ The Speaker holds Office from 5 Years .

▪ The speaker once elected is eligible for re-
election.
▪ Whenever the Lok Sabha is dissolved,
the Speaker does not vacate his office and
continues till the newly-elected Lok Sabha
meets.
Powers Of Lok Sabha Speaker
▪ He/She presides over a joint sitting of the

two Houses of Parliament.
▪ Casting Vote: The speaker does not vote in
the first instance but in the case of a
tie; when the House is divided equally on
any question, the Speaker is entitled to
vote.
▪ He/She decides whether a bill is a money

bill or not and his/her decision on this
question is final.
▪ It is the speaker who decides the questions
of disqualification of a member of the Lok
Sabha, arising on the ground of defection
under the provisions of the Tenth Schedule.
▪ Adjournment of Sitting.
▪ If he resigns by writing to the Deputy Speake.

▪ 14 days notice given before removal resolution.
▪ 50 members of LS should support the resolution
then only it will be discussed.
▪ The House can remove the Speaker through a
resolution passed by an effective majority
which means more than 50% of the total
strength needs to vote for removing the
Speaker.
Pro Tam Speaker Of Lok Sabha
o Appointed by president
o President administer the Oath of Pro tem Speaker
o Have All powers of Speaker
Deputy Speaker Of Lok Sabha
▪ Deputy Speaker is elected by the Lok

Sabha from amongst its members right
after the election of the Speaker has taken
place.
▪ The date of election of the Deputy Speaker
is fixed by the Speaker (date of election of
the Speaker is fixed by the President).
▪ He act as speaker in his absence.
▪ Gave his resignation to speaker.
Sessions Of Lok Sabha (Article 85)
▪ Budget session (February to May)

▪ Monsoon session (July to September)
▪ Winter session (November to December)
▪ A session contains many meetings .each meeting has two sittings –
▪ Morning – 11 am to 1 pm
▪ Post lunch sitting – 2 pm to 6 pm
➢ The maximum gap allowed between two sessions of the Parliament
is 6 months. Hence the parliament must meet at least two times in
a year.
Question Hour (11 to 12)
Unstarred Short notice

Starred questions
questions questions
• These are distinguished • It requires a written • The matters of public importance
by an asterisk. answer and of urgent character are
• It requires an oral answer • supplementary considered under this type of
• supplementary questions cannot follow. questions.
questions can follow. • The list of these • It is asked by giving a notice of
• The list of these questions questions is printed less than ten days.
is printed in green colour. in white colour. • It is answered orally.
• The list of these questions is
printed in light pink colour
Zero Hour (12:00 to 01:00 pm)
▪ Zero hour is an Indian Parliamentary Innovation of discussion in

the parliament which is of urgent public importance.
▪ Without prior notice of 10 days.
▪ Zero Hour is not specified in any Rule Book,
▪ The Difference between Zero Hour and Question Hour is the
Ministers are not bound to reply in the Zero Hour.
Summoning
▪ Summoning is the process of

calling all members of the
Parliament to meet.
▪ President
Adjournment
▪ Terminate the Setting of the

House for a specific time.
▪ By Presiding officer
Adjournment Sine Die
▪ Terminate the Setting of the

House for indefinite period of
time.
▪ President
Prorogation
▪ It ends a session of parliament.

▪ Only President
Dissolution
• Ends the life of existing house.

Two types
1. Automatic Dissolution (5 year)
2. By president
NO Confidence Motion
▪ Only in Lok Sabha

▪ 50 member support
Parliament
Rajya Sabha Lok Sabha President

Rajya Sabha
▪ Article 80 Gives provision of Rajya

Sabha.
▪ House of elders , upper house.
▪ Permanent house.
▪ Indirect Elections.
▪ Fourth Schedule of Indian
Constitution deals with allocation of
seats in Rajya Sabha.
Composition Of Rajya Sabha
250
States Indian Union

Territories
238 12
Composition Of Rajya Sabha
250
Indian Union
Territories
Elections of Rajya Sabha
▪ Indirect Elections
▪ The representatives of each State and two
Union territories are elected by the elected
members of the Legislative Assembly of
that State and by the members of the
Electoral College for that Union Territory in
accordance with the system of proportional
representation by means of the single
transferable vote.
Duration Of Rajya Sabha
▪ Not Subject to dissolution.

▪ One - third Members of Rajya Sabha
retire after every second year.
▪ Full term serves for a period of six
years.
Eligibility Of Becoming A Member Of Rajya Sabha
➢ Article 84
➢ Must be citizen of India
➢ 30 years of age
Chairman Of Rajya Sabha
▪ Article 89 of the Constitution of India

provides provision for the Chairman and
the Deputy Chairman of the Rajya Sabha.
▪ The Vice - President of India shall be ex
officio Chairman of the Council of States.
▪ He is not the member of house.
▪ He cannot vote in the first instance but He
can vote in the case of an equality of
votes.
Deputy Chairman Of Rajya Sabha
Parliament Process
Draft Bill Passed
Act Signed
What Is Ordinance
Not in session (recess )
Article 123 , Article 213 (Governor )
6 Month + 6 weeks
▪ President and governor promulgate an ordinance only when
both the houses are not in session or only one house is in
session.
▪ For an ordinance to be promulgated, such circumstances
should be there which deem it necessary for President to
legislate through the ordinance
Type Of Bills
▪ What is a Bill ?
Public Bill Private Bill

• Introduce by minister • Introduce by any member of
parliament
• 7 days notice
• 1 months notice
Type Of Bills
Ordinary Bill Money Bill Financial Bill

Article 117
Ordinary Bills
▪ Concerned with matters other than financial

matters.
▪ Example - The National Commission for
Homoeopathy (Amendment) Bill 2021.
▪ The National Commission for Indian System of
Medicine (Amendment) Bill 2021.
▪ The Central Universities (Amendment) Bill 2021.
Ordinary Bills
▪ This Bill can be introduced either in Lok Sabha or

Rajya Sabha.
▪ Ordinary bill can be introduced by any minister or
private member.
▪ Presidents Recommendation is not needed.
▪ Should be Passed with Simple majority.
Parliament Process Of Ordinary Bill
Bill Lok Sabha Rajya Sabha Signed Act
▪ Can be amended/rejected by Rajya Sabha Ordinary Bill can be

returned for
▪ Can be detained by the Rajya Sabha for a reconsideration, accepted
maximum period of six months. or rejected by the
President.
▪ Joint Setting
Joint Setting (108)
1. If the Bill is rejected by another house.

2. House disagreed on Amendments.
3. If more then six months have elapsed.
➢ Only for Ordinary bill and finance bill not for Money bill and
constitution amendment bill.
Joint Setting (108)
Lok Sabha Rajya Sabha

Simple Majority
Money Bill (Article 110)
➢ It is the bill that deals with one or more money

issues like.
▪ Imposition, abolition, remission, alteration or
regulation of any tax.
▪ Appropriation of money out of the consolidated
fund of India etc.
Money Bill
✓ This Bill can be introduced Only in Lok Sabha.

✓ Money bill can be introduced by only minister.
✓ Presidents Recommendation is needed.
✓ Lok Sabha speaker decides a bill is Money bill or
not.
Parliament Process Of Money Bill
Bill Lok Sabha Rajya Sabha Signed Act
▪ Can not amended or rejected by Rajya Money Bill cannot be

Sabha returned for
▪ Can be detained by the Rajya Sabha for a reconsideration by the
maximum period of 14 days President. The President
▪ No Provision of Joint Setting can only accept or reject
it.
Funds Of Indian Government
Consolidated fund of
India
Contingency fund of
Public Account of India
India
Consolidated Fund Of India Article 266(1)
➢ Under Article 266 (1) of the Constitution of India, ‘Consolidated
Fund of India’ for the Union Government include –
▪ All revenues (for example tax revenue from personal income
tax, corporate income tax, customs, and excise duties as well as
non-tax revenue such as license fees, dividends, and profits
from public sector undertakings, etc.) received by the Union
government.
▪ All loans raised by the issue of treasury bills, internal and
external loans and all money received by the Union
Government in repayment of loans.
Consolidated Fund Of India
▪ The government meets all its expenditure from this fund.

▪ The government needs parliamentary approval to withdraw
money from this fund.
▪ The Comptroller and Auditor General of India audit these Funds
▪ Each state has similar fund.
Public Accounts Of India
▪ This is constituted under Article 266(2) of the Constitution.

▪ This is made up of:
▪ Bank savings account of the various ministries/departments.
▪ National small savings fund, defense fund.
▪ National Investment Fund (money earned from
disinvestment).
▪ National Calamity & Contingency Fund (NCCF) (for Disaster
Management.
▪ Provident fund, Postal insurance, etc.
Public Accounts Of India
▪ This is the money of public which government have .

▪ No parliamentary approval required to withdraw money from this
fund.
▪ The Comptroller and Auditor General of India audit these Funds.
▪ Each state has similar fund .
Contingency Fund Of India (Article 267)
✓ This is constituted under Article 267 of the

Constitution.
✓ Its also called emergency fund.
✓ Parliament enacted the contingency fund of India
Act 1950.
✓ The Contingency Fund of India exists for disasters
and related unforeseen expenditures.
✓ In 2005, it was raised from Rs. 50 crores to Rs 500
crore.
Contingency Fund Of India (Article 267)
✓ The fund is held by the Finance Secretary

(Department of Economic Affairs) on behalf of
the President of India and it can be operated by
executive action.
✓ How to take money from this found ?
✓ Each State has similar fund
Andhra Pradesh 25 Kerala 20
Arunachal Pradesh 2 Madhya Pradesh 29
Assam 14 Maharashtra 48
Bihar 40 Manipur 2
Chhattisgarh 11 Meghalaya 2
Goa 2 Mizoram 1
Gujrat 26 Nagaland 1
Haryana 10 Odisha 21
Himachal Pradesh 4 Punjab 13
Jharkhand 14 Rajasthan 25
Karnataka 28 Sikkim 1
Tamil nadu 39 Lakshadweep 1
Telangana 17 Nct of delhi 7
Tripura 2 Puducherry 1
Uttar Pradesh 80
Uttarakhand 5
West Bengal 42
Andaman & nicobar 1
Chandigarh 1
Dadar & nagar haveli and daman & 2

diu
Jammu and Kashmir 5
Ladakh 1
Important Amendments
Article 368 in Part XX of the Constitution deals with the powers of

Parliament to amend the Constitution and its procedure.
➢ 1st Constitution Amendment Act, 1951-
▪ Added Ninth schedule to protect land reforms and other laws from
the scrutiny of Judicial review.
▪ Amended Article 19 by adding three more ground of reasonable
restriction on freedom of speech and expression.
▪ Empowered the state to make special provisions for the
advancement of socially and economically backward classes.
➢ 7th Amendment Act, 1956
▪ To implement the recommendations of the State Reorganization Committee and
to implement the State Reorganization Act, 1956.
▪ Second and Seventh Schedules were amended.
▪ Abolished the existing classification of states into four categories i.e., Part A,
Part B, Part C, and Part D states, and reorganized them into 14 states and 6
union territories.
▪ Extended the jurisdiction of high courts to union territories.
▪ Provided for the establishment of a common High Court for two or more states.
▪ Provided for the appointment of additional and acting judges of the High Court.

▪ Incorporation of Dadra, Nagar and Haveli as a Union Territory, consequent
to acquisition from Portugal.
Article 3 of The Indian Constitution deals with the formation of new States
and alteration of areas, boundaries or names of existing States. In this regard,
the Parliament may by law:
1. Form a new State by separation of territory from any State or by uniting
two or more States or parts of States, or by uniting any territory to a part
of any State;
2. Increase the area of any State;
3. Diminish the area of any State;
4. Alter the boundaries of any State;
5. Alter the name of any State;

▪ Changed the procedure of election of the vice president by providing for
an electoral college instead of a joint meeting of the two Houses of the
Parliament.
▪ Incorporated Goa, Daman and Diu in the Indian Union.
▪ Gave the status of a state to Nagaland and made special provisions for it.
▪ Incorporated Puducherry in the Indian Union.
▪ Provided for the creation of legislatures and council of ministers for the
Union Territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and
Diu, and Puducherry.
▪ Affirmed the power of Parliament to amend any part of the Constitution
including fundamental rights by amending Article 13 and 368.
▪ Made it compulsory for the President to give his assent to a Constitutional
Amendment Bill.
▪ Abolished the privy purses and privileges of the former rulers of princely
states.
➢ 31st Amendment Act, 1973
▪ Increased the number of Lok Sabha seats from 525 to 545.

▪ Terminated the protectorate status of Sikkim and conferred the status of
an associate state of the Indian Union. The Tenth Schedule was added
laying down the terms and conditions of association of Sikkim with the
Indian Union.
▪ Made Sikkim a full - fledged State of the Indian Union and omitted the
Tenth Schedule.

▪ Made the declaration of emergency by the President non -
justiciable.
▪ Made the promulgation of ordinances by the President,
governors and administrators of Union territories non-
justiciable.
▪ Empowered the President to declare different proclamations of
national emergency on different grounds simultaneously.
➢ 42nd Amendment Act, 1976 (Mini Constitution)

1. Amended the preamble and added the words - Socialist, Secular and
Integrity.
2. Added Fundamental Duties for the citizens by including new Part IV A.
3. Exclusively made cabinet advice binding on the president.
4. By adding Part XIV A, it provided for administrative tribunals and
tribunals for other matters.
5. It froze the seats for the Lok Sabha and state legislative assemblies
census till 2001, on the basis of 1971.
▪ Restricted the judicial review for the constitutional amendment act.

▪ Limited the power of judicial review and writ jurisdiction of the Supreme
Court and high courts.
▪ Increased the tenure of Lok Sabha and state legislative assemblies from
5 to 6 years.
➢ Included new Directive Principles –
a. Equal justice and free - Legal Aid,
b. Participation of workers in the management of industries and
c. Protection of the environment, forests and wildlife.
▪ Provided the proclamation of national emergency now for a

part of the territory of India.
▪ Raised the one - time duration of the President's rule in a state
from earlier 6 months to one year.
▪ Created the All - India Judicial Service.
Shifted below mentioned five subjects from State list to

Concurrent List:
1. Education
2. Forests
3. Protection of wild animals and birds.
4. Weights and measures and
5. Administration of justice, constitution and organization of all
courts except the Supreme Court and the High Court.
▪ Changed the term of the Lok Sabha and the state legislative assemblies again to
the original 5 years.
▪ Provided the president can send back the advice of the cabinet for
reconsideration.
▪ Changed the phrase “internal disturbance” with “armed rebellion” as a ground
to proclaim a national emergency.
▪ Removed the right to property from the list of Fundamental Rights and provided
it only as a legal right.
▪ Provided that fundamental rights under the article 20 - 21 can not be suspended
during the national emergency.
➢ 52nd Amendment Act, 1985

▪ The Tenth schedule added as a measure to the anti - defection issues.
➢ 56th Constitution Amendment Act, 1987
▪ It confers Statehood on Goa and forms a new Union Territory of
Daman and Diu. Goa thus became the 25th State of the Indian
Republic.
▪ The legal voting age changed from 21 to 18 years for Lok Sabha as
well as Legislative Assemblies.

▪ It provided the special status to Delhi as ‘National Capital Territory of
Delhi.’
▪ Provided a legislative assembly and the council of minister for Delhi.
▪ Added Konkani, Manipuri and Nepali languages in the Eighth Schedule.
➢ 73rd Amendment Act, 1992
▪ Provided constitutional status for the Panchayati Raj institutions.
▪ Added Part-IX and 11th Schedule

▪ Provided constitutional status for the Urban local bodies.
▪ Part IX-A and 12th Schedule were added.
▪ Provided for making of any provision in favour of the SCs and
STs for relaxation in qualifying marks in any examination or
lowering the standards of evaluation, for reservation in matters
of promotion to the public services of the Centre and the states.

▪ Extended the ban on the readjustment of seats in the Lok Sabha and
the state legislative assemblies for another 25 years (i.e., up to 2026).
▪ Provided the Right to Education as a Fundamental Right (part-III of the
Constitution).
▪ The new article inserted Article 21A which made free and compulsory
education for children between 6 - 14 years.
▪ Added a new Fundamental Duty under Article 51 A.

▪ Provided Service Tax under Article 268-A - which was levied by Union
and collected and appropriated by the Union as well as the States.
▪ Provided for the readjustment and rationalization of territorial
constituencies in the states on the basis of the population figures of
2001 census and not 1991 census as provided earlier by the 84th
Amendment Act of 2001.
▪ The total number of ministers, including the Prime Minister, in the Central
Council of Ministers, shall not exceed 15% of the total strength of the Lok Sabha.
▪ The total number of ministers, including the Chief Minister, in the Council of
Ministers in a state shall not exceed 15% of the total strength of the Legislative
Assembly of that state. But, the number of ministers, including the Chief Minister,
in a state shall not be less than 12.
▪ A member of either House of a state legislature belonging to any political party
who is disqualified on the ground of defection shall also be disqualified to be
appointed as a minister.

▪ Added Bodo, Dogri (Dongri), Maithili and Santhali in the Eighth
schedule.
▪ Empowered the state to make special provisions for the socially and
educationally backward classes or the Scheduled Castes or the
Scheduled Tribes in educational institutions including private
educational institutions (whether aided or unaided by the state),
except the minority educational institutions.

▪ Substituted “Odia” for “Oriya”. Consequently, the “Oriya” language in the
Eighth Schedule shall be pronounced as “Odia”.
▪ Gave constitutional status and protection to cooperative societies.
▪ Replaced the collegium system of appointing judges to the Supreme
Court and High Courts with a new body called the National Judicial
Appointments Commission (NJAC).
▪ However, in 2015, the Supreme Court declared this Amendment Act

as unconstitutional and void. Consequently, the earlier collegium
system became operative again.
▪ Gave effect to the acquiring of certain territories by India and
transfer of certain other territories to Bangladesh (through the
exchange of enclaves and retention of adverse possessions) in
pursuance of the Land Boundary Agreement of 1974 and its Protocol
of 2011.
➢ 101st Amendment Act 2017

▪ Introduction of the Goods and Services Tax.
▪ The National Commission for Backward Classes (NCBC) became
a constitutional body.
▪ Granted 10% Reservation for Economically Weaker Sections.

▪ Changed the reservation of seats for SCs and STs in the Lok
Sabha and states assemblies from Seventy years to Eighty.
▪ Ended the reservation of seats for the Anglo - Indian community
in the Lok Sabha and state assemblies.
Article(76) - Attorney - General for India.
❑ Appointed by President.
❑ He must have either completed 5 years in
High Court in any Indian State as a Judge or
❑ 10 years in High Court as an Advocate.
❑ Eminent Jurist in the eyes of the President.
❑ First AG - M.C. Setalvad
❑ Current AG (15th) - K.K. Venugopal
❑ Tenure - Not fixed
Solicitor General
1. Solicitor General is the second highest law officer in
the country.
2. He is subordinate to the Attorney General of India,
the highest law officer and works under him.
3. He also advises the government in legal matters.
4. Solicitor general is appointed for period of three
years by Appointment Committee of Cabinet chaired
by Prime Minister.
5. It’s a Statutory Post.
Article(352) - National Emergency
Article(356) - State Emergency/President Rule
Article(360) - Financial Emergency

Union Executive
▪ Who are part of Union executive?
President (Article 52)

Vice President (Article 63)
Prime Minister and Council of Ministers(Article 74-75-78)
Attorney General of India ( Article 76)
State Executive
▪ Who are part of State executive?
Governor (Article 153)

Chief Minister and Council of Ministers(Article 164-167)
Advocate General of India (Article 165)
President Of India
▪ Article 52
▪ The President is the Head of Indian State.
▪ He is first citizen of India.
▪ He is Symbol of unity, integrity and
Solidarity of the nation.
Qualification To Be President Of India
▪ Article 58
▪ A citizen of India.
▪ 35 years old.
▪ Qualified for election as a member of
the House of the People.
Qualification To Be President Of India
▪ Not hold any office of profit.

▪ The emoluments and allowances of the President shall not be
diminished during his term of office. (2nd Schedule).
▪ The President shall not be a member of either House of Parliament
or of a House of the Legislature of any State, and if a member of
either House of Parliament or of a House of the Legislature of any
State be elected President, he shall be deemed to have vacated his
seat in that House on the date on which he enters upon his office as
President.
Election Of President Of India (Article 54)
➢ Indirect election
➢ The President is elected by an electoral college consisting of
A. The elected members of both Houses of Parliament.
B. The elected members of the Legislative Assemblies of the
States.
C. Legislative Assemblies of the Union Territories of Delhi,
Jammu & Kashmir and Puducherry (Since 1992 through
70th Constitutional Amendment Act).
▪ Any Disputes Regarding the Election of President are
challenged in Supreme Court of India.
Single Transferable Voting System
▪ Secrete ballot system.

▪ Party cant issue whip.
Single Transferable Voting System
Oath And Term Of Office
➢ In presence of the Chief Justice of India or,

in his absence, the senior - most Judge of
the Supreme Court (Article 60).
➢ Term of office - (Article 56).
▪ 5 years
▪ Give resign to Vice - President.
▪ Removed by impeachment.
▪ Eligible for re-election (Article 57).
Impeachment Of President (Article 61)
▪ All the members of the parliament (elected + nominated) takes

part in the impeachment process.
▪ No president impeached so far.
The President can be removed from office by the process of

impeachment only on the grounds of violation of the Constitution.
▪ The impeachment process can be started from any house of the parliament
by levelling charges against him.
▪ The notice bearing the charges against the president must be signed by at
least 1/4th of the members of the house.
▪ 14 days Notice should be given to president.
▪ The resolution to impeach the president must be passed by a special
majority (two-thirds) of total strength in the originating house.
▪ It is sent to the other house for consideration. The other house

acts as the investigating horse. A select committee is formed to
investigate the charges labelled against the president.
▪ The President of India has the right to defend himself through
authorized counsel.
▪ After the investigation by the select committee, if the other
house also passes the resolution by a two-thirds majority, the
President of India stands impeached,
Process Of Impeachment
Special Privileges To President
Veto Power Of President (Article 111)
Bill
Give his Assent to bill

Withhold his assent to the bill
Return the bill for reconsideration(if passed President has to give assent)
Veto Power Of President (Article 111)
Absolute Veto Pocket Veto Suspensive Veto

Absolute Veto
▪ President withhold his assent to a bill.

▪ Bill will reject and cant become an Act.
If it’s a private Lok Sabha dissolved and

member Bill newly elected Lok Sabha
advice him to withhold his
assent
❖ 1954 - Dr Rajendra Prasad on PEPSU bill

Suspensive Veto
▪ When he return the bill for reconsideration.

▪ If the Parliament resends the bill with or without amendment
to the Indian President, he has to approve the bill without
using any of his veto powers.
▪ Cant do it with relation to money bill.
Pocket Veto
▪ Not Accept or Reject The Bill.

▪ Keeps the bill for indefinite period of time (usa 10).
▪ Cant do it with relation to constitution Amendment Bill (24th
constitution amendment act 1971).
▪ 1986 - Zail Singh (Indian post office bill).
Powers Of President
Legislative
Military Emergency
Financial Diplomatic
Judicial Executive
Judicial Powers
▪ Appoints Chief Justice and Judges of Supreme Court and High

Courts.
▪ Can seek Advice from Supreme Court on any question of law.
▪ Pardoning Powers.
Pardoning Powers Of President (Article 72)
Reconsideration
Council of Ministers
(Home Ministry)
Pardon
▪ It removes both the sentence and the conviction and completely

absolves the convict from all sentences, punishments and
disqualifications.
Commutation
▪ It denotes the substitution of one form of punishment for a lighter form.

For example, a death sentence may be commuted to life imprisonment,
which in turn may be commuted to simple imprisonment.
Remission
▪ It implies reducing the period of sentence without changing its

character. For example, a sentence of rigorous imprisonment for two
years may be remitted to rigorous imprisonment for one year.
Respite
▪ It denotes awarding a lesser sentence in place of one originally awarded

due to some special fact, such as the physical disability of a convict or
the pregnancy of a woman offender.
Reprieve
▪ It implies a stay of the execution of a sentence(especially that of death)

for a temporary period. Its purpose is to enable the convict to have time
to seek pardon or commutation from the President.
Legislative Powers
▪ The President summons the House of Parliament at least twice

a year or prorogues either House of Parliament and dissolves
the Lok Sabha. He may summon both the Houses to meet in a
joint sitting for debating or voting on a bill in case of deadlock.
▪ He may address either house separately or both Houses jointly.
At the commencement of the first session after every general
election, the President delivers an address.
Legislative Powers
▪ He appoints speaker, deputy speaker of Lok Sabha, and

chairman/deputy chairman of Rajya Sabha when the seats fall
vacant.
▪ He nominated 12 members of the Rajya Sabha and two
members to the Lok Sabha from the Anglo - Indian Community.
▪ He decides on question as to disqualification of a member of
parliament with consultation with election commission.
Executive Powers
The President appoints:

▪ The Prime Minister and other Ministers.
▪ The Attorney - General of India determines his remuneration.
▪ The Governors of the States.
▪ Comptroller and Auditor General of India, Chief Election Commissioner
and other Election Commissioners, Chairman and members of the
Union Public Service Commission, and Finance Commission of India
chairman and members Judges of High Courts and Supreme Court.
Executive Powers
▪ National Commissions of Scheduled Castes, Scheduled Tribes, Other

Backward Classes as well as a commission to report on the
administration of the Scheduled Areas, a commission on official
Language and Special officer for Linguistic minorities.
▪ He can declare any area as a scheduled area and has powers with
respect to the administration of scheduled areas and tribal areas.
▪ He appoints an inter-state council to center-state and inter-state
cooperation.
▪ All executive actions are taken by his name.
Executive Powers
▪ The President shall also have the power to remove:

A. His Ministers, individually.
B. Attorney - General of India.
C. The Governors of the States.
D. The Chairman or a Member of the Public Service Commission of the
Union or of a State, on the report of the Supreme Court.
E. A judge of the Supreme Court or of the High Court or the Chief Election
Commissioner or the Comptroller - General of India on an address of
Parliament.
Financial Powers
▪ He has control over the Contingency Fund of India to meet unforeseen
expenses like Flood, Drought, War etc.
▪ His prior recommendation is a must in the introduction of the money bill
and financial bill in the Parliament.
▪ The President of India constitutes the Finance Commission after every
five years.
▪ The President shall in respect of every financial year cause to be laid before
both the Houses of Parliament a statement of the estimated receipts and
expenditure of the Government of India for that year, in this Part referred
to as the “annual financial statement” (Article 112).
Military Powers
▪ He has the power to declare war and peace but his military
power is subject to the regulation of law.
▪ He supreme commander of armed forces.
▪ He appoints Chief of the Army, Chief of the Navy and Chief of
the Air Force.
Diplomatic Powers
▪ International Treaties and agreements that are approved by the

Parliament are negotiated and concluded in the name of the
President.
▪ He is the representative of India in international forums and
affairs.
▪ He sends and receives ambassadors and other diplomatic
representatives.
Vice President (Article 63)
▪ Article 63 of the Indian Constitution

mentions the post of Vice - President.
▪ American model.
▪ He is part of union executive.
Who Can Become Vice President?
➢ Article 66
▪ Is a citizen on India.
▪ He has completed the age of thirty-five
years.
▪ He is qualified for election as a
member of the Council of States.
▪ Should not hold any office of profit .
Election of Vice President?
➢ Article 66
▪ Indirect (Single transferable vote).
(a) Elected members of both Lok Sabha
and Rajya Sabha.
▪ Dispute decided by SC.
Oath And Term Of Office
▪ By President of India (Article 69).

▪ Vice president should not be a
member of any house.
▪ The Vice - President shall hold office
for a term of five years from the date
on which he enters upon his office:
(Article 67).
▪ Eligible for re-election.
Removal Of Vice President
a. A Vice - President may, by writing under his hand addressed to the

President, resign his office.
b. A Vice - President may be removed from his office by a resolution of the
Council of States passed by a majority of all the then members of the
Council and agreed to by the House of the People; but no resolution for
the purpose of this clause shall be moved unless at least fourteen days’
notice has been given of the intention to move the resolution.
c. A Vice - President shall, notwithstanding the expiration of his term,
continue to hold office until his successor enters upon his office.
Removal Of Vice President
▪ The Vice - President to be ex-officio

chairman of the council of states (Article
64).
▪ The Vice - President to Act as president or
to discharge his functions during casual
vacancies in the office, or during the
absence, of president for maximum period
of six months (Article 65).
Vice President
Article Provisions
Article 63 The Vice - President of India.
Article 64 The Vice - President to be ex - officio chairman of the Council of States.
Article 65 The Vice - President to act as President or to discharge his functions
during certain conditions.
Article 66 Election of Vice - President.
Article 67 Term of office of Vice - President.
Article 68 Time of holding elections to fill vacancy in the office of Vice - President
and the tenure of elected person to fill casual vacancy.
Article 69 Oath or affirmation by the Vice - President.
Article 70 Discharge of President’s functions in other contingencies.
Article 71 Matters related to, or connected with, the election of a President of
Vice - President.
Governor
▪ He is the constitutional head of the state.

▪ He functions as a vital link between the
Union Government and the State
Government.
▪ Part VI from Article 153 to 167 deal with
state executive.
▪ One person can be appointed as Governor
for two or more States (7th Constitution
Amendment Act 1956).
Appointment Of Governor
▪ There is no direct or indirect election for the post of
Governor.
▪ Article 165, enables and authorizes the President of
India to appoint the Governor of State by warrant
under his hand and seal for a five-year term.
▪ The Governor is appointed by the President and
serves at his pleasure.
▪ The chief justice or the senior most judge of the
concerned High Court administers the Governor's
oath of office (if the chief justice is unavailable).
Qualifications
▪ He should be an Indian citizen.
▪ He must be at least 35 years old.
▪ He should be an outsider who does not reside in the
state where he will be appointed.
▪ When appointing the Governor of a state, the
President must consult with the state's Chief Minister.
▪ The President has the authority to transfer a Governor
from one state to another for the remainder of his
tenure. Governor can serve over his five-year term
until the next appointment is made.
Conditions Of Office Of Governor
▪ He should not occupy any office of profit.
▪ He should not be a member of the House of Parliament or any state
legislature.
▪ He is entitled to such Allowances, Emoluments, and Privileges
as Parliament determines.
▪ During his tenure of office, his emoluments and allowances cannot
be reduced.
▪ If he is appointed as Governor of two or more states, the Governor's
allowances and emoluments are divided among the states in a proportion
specified by the President.
Removal Of Governor
▪ The grounds for a Governor's removal by

the President are not specified in the
constitution.
▪ The Governor's office has no fixed
term and no security of tenure because
the President can remove him at any time.
▪ After submitting his resignation letter to
the President, the Governor can resign
from his office.
Summoning
▪ Article 163: There shall be a council of ministers, led by the

Chief Minister, to assist and advise the Governor in the exercise
of his powers, except when he is compelled to execute his
functions at his discretion.
▪ Article 164: The council of ministers is collectively responsible
to the state's legislative assembly. This provision is the
cornerstone of the state's parliamentary system of governance.
Executive Powers Of Governor
▪ The Governor takes all executive decisions on behalf of the state government.
▪ The Governor appoints the Chief Minister and other cabinet members.
▪ He appoints the state's advocate general and determines his tenure and
conditions of service.
▪ He has the authority to recommend to the President the declaration of a state of
constitutional emergency. The governor appoints the state election
commissioner.
▪ He appoints the chairman of the state public service commission as well as the
members of the commission. They can, however, only be dismissed by the
President and not by a Governor.
▪ He serves as Chancellor of the state's universities and appoints Vice Chancellors.
Legislative Powers Of Governor
▪ He can summon or prorogue the state legislature.

▪ The Governor presents to the state legislature the reports of
the State Finance Commission, the State Public Service
Commission, and the Comptroller and Auditor General.
▪ He appoints one-sixth of the State Legislative Council members.
▪ The Governor has the authority to address the state legislature
at the start of its first session, as well as the first session of each
year.
Legislative Powers Of Governor
▪ The Governor addresses both Houses of the state legislature in

a joint session [Article 176].
▪ When the state legislature is not in session, the Governor has
the authority to issue ordinances. The ordinances must be
authorized by the legislature within six weeks of their adoption
[Article 213]. The Governor has the authority to revoke the
ordinance at any moment.
Financial Powers Of Governor
▪ The Governor is in charge of the State Contingency Fund.

▪ The Governor appoints the state finance commission for a five-
year term.
Judicial Powers Of Governor
▪ The President consults the Governor before appointing the Chief Justice
and Judges of the relevant State High Court.
▪ Article 161
▪ State of Haryana vs Rajkumar @ BITTUE
Discretionary Powers Of Governor
▪ A law passed by the state legislative assembly may be reserved for

the President's assent by the Governor [Article 200].
▪ When no political party has a clear majority in the state legislature,
he has the authority to nominate anyone as Chief Minister.
▪ He can seek information from the chief minister on state
administrative and legislative concerns.
▪ The governor has the authority to remove the council of ministers,
when it cannot prove the confidence in the state legislative
assembly.
Lieutenant Governor
▪ A union territory in India is administered by a

lieutenant governor.
▪ He is appointed by the President of India and
functions as the President's representative,
with the aid and advice of the Council of
Ministers.
▪ The functions, powers, and duties of the
Lieutenant Governor are defined under Articles
239 and 239 AA of the Indian Constitution.
Comptroller And Auditor General Of India (CAG)
▪ Part V
▪ Office of the Accountant General was established
in 1858 (the year the British took over
administrative control of India from the East India
Company).
▪ In 1860 Sir Edward Drummond was appointed as
the first Auditor General.
▪ CAG is head of the Indian Audit and Accounts
Department and chief Guardian of Public purse.
Money Bill
CAG
PART V
Head of Indian
financial Department
CAG shall be the most

important officer under
the constitution of India.
▪ Article 148 broadly deals with the CAG

appointment, oath and conditions of
service.
▪ He is appointed by president of Indian.
▪ Oath – President (3rd Schedule)
▪ Salary – 2nd Schedule
Eligibility
▪ 6 years or up to 65 years whichever is earlier.

▪ Resign – President
▪ Can be removed same as judge of SC.
▪ The Comptroller and Auditor-General shall not be eligible for
further office either under the Government of India or under
the Government of any State after he has ceased to hold his
office.
Duties And Powers (Article 149)
▪ The Comptroller and Auditor General’s (Duties, Powers and

Conditions of Service) Act, 1971.
▪ CAG audits the accounts related to all expenditure from the
Consolidated Fund of India, Consolidated Fund of each state
and UT’s having a legislative assembly.
▪ He audits all expenditure from the Contingency Fund of India
and the Public Account of India as well as the Contingency
Fund and Public Account of each state.
▪ He audits all trading, manufacturing, profit and loss accounts,

balance sheets and other subsidiary accounts kept by any
department of the Central Government and the state
governments.
▪ He audits the receipts and expenditure of all bodies and
authorities substantially financed from the Central or State
Revenues; Government Companies; other corporations and
bodies, when so required by related laws.
▪ Accounts of all government companies set up under the Indian

Companies Act, 1956.
▪ All stores and stock of all government offices or departments.
▪ He audits the accounts of any other authority when requested
by the President or Governor.
▪ CAG also acts as a guide, friend and philosopher of the Public
Accounts Committee of the Parliament.
CAG Report (Article 151)
▪ He submits his audit reports relating to the accounts of the

Centre to the President, who shall, in turn, place them before
both the houses of Parliament.
▪ He submits his audit reports relating to the accounts of a State
to the Governor, who shall, in turn, place them before the
state legislature..
CAG Office
➢ The Indian Audit and Accounts Department (IAAD) is headed

by the Comptroller and Auditor General of India.
1.CAG
2.Deputy CAG
3.Additional Deputy CAG
4.Directors General
5.Principal Directors
6.Directors/Deputy Directors
Attorney General Of India
▪ Part V
▪ Article 76 Deals with it.
▪ M.C. Setalvad was appointed as the first Attorney
General.
▪ He/She is the highest law officer of India. As a
chief legal advisor to the government of India, he
advises the union government on all legal matters.
▪ He also is the primary lawyer representing Union
Government in the Supreme Court of India.
▪ The Attorney General is appointed by the
president.
▪ He/She must be a person who is qualified to be
appointed a judge of the Supreme Court.
▪ He/She must be a citizen of India and must have
been a judge of some high court for five years or an
advocate of some high court for ten years, or an
eminent jurist, in the opinion of the president.
▪ The term of office of the Attorney General is not
fixed by the Constitution.
▪ The Constitution does not contain the procedure
and grounds for his/her removal.
▪ He/She holds office during the pleasure of the
president which means that he may be removed by
the president at any time.
▪ He/she may also quit his office by submitting his
resignation to the president.
▪ The remuneration of the Attorney General is not
fixed by the Constitution and receives
such remuneration as the President may determine.
Powers Of Attorney General Of India
▪ The Attorney General has the right of audience in

all courts in the territory of India.
▪ He/She has the right to speak and to take part in
the proceedings of both the Houses of Parliament
or their joint sitting and any committee of the
Parliament of which he/she may be named a
member, but without a right to vote.
▪ He/She enjoys all the privileges and immunities
that are available to a Member of Parliament.
Advocate General of State (Article 165)
o Advocate General for the States who is

the highest law officer in the State.
o The Advocate General is appointed by
the Governor of the State.
o The Advocate General of State must be a
citizen of India and must have held a
judicial office for ten years or been an
advocate of a High Court for ten years.
Prime Minister
▪ Article 74 - There shall be a Council of Ministers with the
Prime Minister at the head to aid and advise the
President who shall, in the exercise of his functions, act in
accordance with such advice.
▪ The President is the nominal executive authority (de jure
executive) and Prime Minister is the real executive
authority (de facto executive).
▪ Article 75 - The Prime Minister shall be appointed by the
President and the other Ministers shall be appointed by
the President on the advice of the Prime Minister.
Powers Of Prime Minister
▪ He/She allocates and reshuffles various portfolios among the ministers.

▪ He/She can ask a minister to resign or advise the President to dismiss
him in case of a difference of opinion.
▪ He/She can bring about the collapse of the council of ministers by
resigning from office.
▪ He can recommend the dissolution of the Lok Sabha to the President at
any time.
▪ He announces government policies on the floor of the House.
▪ He/She is the chairman of the NITI Ayog.
Election Commission Of India
Part –XV
quasi-judicial Body
National Voters Day – 25th Jan 1950
Article – 324- 329
First Election – oct 1951
First Election commissioner - Sukumar
Sen
Election Commission Of India
President
Vice president
Parliament
State Legislature
Composition Of Commission
▪ It’s a 3 Member body with 1 chief election commissioner
and 2 other members . (current).
▪ Till 1989, the election commission was a single-member
body consisting of only the Chief Election Commissioner.
▪ The President appoints the Chief Election Commissioner
and other election commissioners.
▪ 6 years or up to 65 years of age (current).
▪ The tenure of office and the conditions of service of all
the commissioners shall be determined by the country’s
President.
Composition Of Commission
▪ The chief election commissioner and two other election commissioners
have equal powers and receive equal salaries, allowances and other
perks similar to those of a judge of the supreme court.
▪ The secretariat of the commission is located in New Delhi.
▪ Same status as the judge of supreme court.
▪ The constitution provides that the Chief election commissioner cannot be
removed from his office except in the like manner and grounds as a judge of
the supreme court.
▪ Other election commissioners or regional commissioners can be removed from
the office only on the recommendation of the Chief Election Commissioner.
Functions Of Election Commission
▪ Administrative functions
▪ Determine territorial areas of electoral constituencies based on the
delimitation commission act.
▪ It prepares electoral rolls and to register all eligible voters and also revise it.
▪ Allot election symbols to political Parties.
▪ Notify the dates and schedules of elections and scrutinize nomination
papers.
▪ Ensure free and fair elections.
▪ It determines the Code of Conduct and cancels polls in the event of any
irregularities.
Functions Of Election Commission
▪ Administrative functions
▪ It has the power to settle disputes related to recognition granted to
political parties.
▪ It also has the power to disqualify a contender who failed to lodge an
account of his election expenses within a given time.
▪ It advises the President and the Governor on matters relating to
disqualification of members of parliament and the state legislature. The
opinion of the commission in all such matters is binding.
▪ It Advise the president whether the elections can be held in a state under
the President's rule to extend the period of emergency after one year.
EVM And VVPAT
▪ Electronic Voting Machines (EVM)
▪ EVMs in India are manufactured by Bharat Electronics Ltd
(Bengaluru) and Electronic Corporation of India Ltd
(Hyderabad).
▪ EVMs were used for the first time in India in 1982 in the by-
election to the North Paravur Assembly constituency in Kerala.
▪ Voter Verified Paper Audit Trail (VVPAT)
▪ When a voter presses a button in the EVM, a paper slip is
printed through the VVPAT. The slip contains the poll symbol
and name of the candidate.
▪ It allows the voter to verify his/her choice.
State Election Commission
▪ The State Election Commission has been entrusted with the

function of conducting free, fair and impartial elections to the local
bodies in the state.
▪ Article 243K(1): It states that the superintendence, direction and
control of the preparation of electoral rolls for, and the conduct of,
all elections to the Panchayats (Municipalities under Article 243ZA)
shall be vested in a State Election Commission consisting of a State
Election Commissioner to be appointed by the Governor.
Conditions To Become National Party
▪ 6% vote share in the last Assembly polls in each of any

four states, as well as four seats in the last Lok Sabha
polls; or
▪ 2% of all Lok Sabha seats in the last such election, with
MPs elected from at least three states; or
▪ Recognition as a state party in at least four states.
Finance Commission
▪ Dr. B.R. Ambedkar, the then-law minister, established

the first Finance Commission under the Chairmanship of
Shri K.C. Neogy in 1952.
▪ The Finance Commission is constituted under Article
280 of the Indian Constitution.
▪ 15th finance commission – N.k singh
73rd Constitution Amendment 1992
▪ 73rd Constitution amendment Act 1992

▪ 24 April 1993 ( Panchayat diwas )
▪ Part IX
▪ Article 243 – 243
▪ 11th Schedule
▪ 29 Functions of panchayats
▪ Population of 20 lakh or more have all three tire
Parliamentary Committees
▪ Public Accounts Committees - This Committee consists of 15 members
elected by the Lok Sabha and 7 members of the Rajya Sabha(Total 22) . A
Minister is not eligible for election to this Committee. The term of the
Committee is one year.
▪ Estimate Committees - This Committee consists of 30 members who are
elected by the Lok Sabha every year from among its members. A Minister
is not eligible for election to this Committee. The term of the Committee
is one year.
▪ Committee on Public Undertakings - This Committee consists of 15
members elected by the Lok Sabha and 7 members of the Rajya Sabha. A
Minister is not eligible for election to this Committee. The term of the
Committee is one year.
JAI HIND

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(For NDA – 2, 2022)

The constitution of India Bill 1895 ( SWARAJ Bill)

➢ This document contained 110 articles.

✓ It covered a number of individual rights –

• Right to free speech,

✓ This declaration proposed the increased

Government of India Act 1919 (Montagu-Chelmsford reforms)

➢ The sole purpose of this Act was to ensure

➢ Majority of members of Indian legislative

➢ 1920 – Direct Elections

Simon Commission (1927)

➢ To examine Government of Indian Act

➢ Report – May 1930 (First Report)

➢ Second conference (Sep1931- Dec 1931)

➢ Third conference (Nov 1932 – Dec 1932)

➢ In 1934 M.N. Roy first proposed the

Indian National congress (INC) 1935

➢ In 1935 Indian National Congress

➢ On behalf of the INC, Jawaharlal

August offer (1940)

➢ Viceroy Linlithgow Gave offer

Crips Mission (1942) ➢ Headed by Stafford Cripps

➢ After WWII British Gov. ready to Form

Cripps Mission (1942 ) ➢ No Date was declared.

➢ India's Defense would be controlled

➢ INC & Muslim league both rejected

Pethick-lawrence Stafford Cripps A.V. Alexander

Based on population & further divided in Muslim , Sikh

Election held in July – August 1946

✓ The Assembly met for the first time in

✓ Dr Sachidanand Sinha was the first

✓ Dr. Rajendra Prasad (Permanent president )

✓ Vision of Indian constitution

✓ 22 Jan 1947 (Passed)

• Advisory Committee on Fundamental Rights

➢ First Draft - Feb 1948

➢ Second Draft - Oct 1948

➢ Final Draft - 4th Nov 1948

➢ 7653 - Amendments proposed

➢ 2473 - Amendments Discussed

• 284 members presented out of 299 members

• A Preamble, 395 Articles ,8 Schedules

• 15 Articles like Citizenship ,

➢It was decided that the January 26,

• The process took 2 years, 11 months and 18 days

• Benegal Narsing Rau was legal Adviser

• H.V.R Iyengar was the Secretary of constituent assembly.

• Prem Behari Narain Raizada was the Calligrapher.

• National Flag on 22nd July 1947

• National Anthem on 24th January 1950

• membership of the commonwealth in May 1949

Union State concurrent

British • The idea of single citizenship

Ireland • Directive Principles of State Policy

• Nomination of members to Rajya Sabha

• Method of Election of President

Canada • A quasi-federal form of government

• Distribution of powers between the

• Residual powers retained by the central