FUNDAMETAL RIGHTS

Why are they called Fundamental Rights?

These rights are called fundamental rights because of two reasons:
They are enshrined in the Constitution which guarantees them.
They are justiciable (enforceable by courts). In case of a violation, a person can approach a
court of law.
You can read all about the 6 fundamental rights of India :
1. Right to Equality (Article 14-18)
2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)
1. Right to Equality :
The right to equality is one of the important fundamental rights of the Indian Constitution
that guarantees equal rights for everyone, irrespective of religion, gender, caste, race or
place of birth. It ensures equal employment opportunities in the government and insures
against discrimination by the State in matters of employment on the basis of caste,
religion, etc. This right also includes the abolition of titles as well as untouchability.
2. Right to Freedom :
Freedom is one of the most important ideals cherished by any democratic society. The
Indian Constitution guarantees freedom to citizens. The freedom right includes many
rights such as:
 Freedom of speech
 Freedom of expression
 Freedom of assembly without arms
 Freedom of association
 Freedom to practise any profession
 Freedom to reside in any part of the country
3. Right against Exploitation :
This right implies the prohibition of traffic in human beings, begar, and other forms of
forced labour. It also implies the prohibition of employment of children in factories, etc.
The Constitution prohibits the employment of children under 14 years in hazardous
conditions.
4. Right to Freedom of Religion:
This indicates the secular nature of Indian polity. There is equal respect given to all
religions. There is freedom of conscience, profession, practice and propagation of religion.
The State has no official religion. Every person has the right to freely practice his or her
faith, and establish and maintain religious and charitable institutions.
5. Cultural and Educational Rights:
These rights protect the rights of religious, cultural and linguistic minorities, by facilitating
them to preserve their heritage and culture. Educational rights are for ensuring education
for everyone without any discrimination.
6. Right to Constitutional Remedies:
The Constitution guarantees remedies if citizens’ fundamental rights are violated. The
government cannot infringe upon or curb anyone’s rights. When these rights are violated,
the aggrieved party can approach the courts. Citizens can even go directly to the Supreme
Court which can issue writs for enforcing fundamental rights.

Important Points About Fundamental Rights :

The property right was initially included in the fundamental rights but by the 44th
constitutional amendment act, 1978, it was deleted from the list of fundamental rights.
Fundamental Rights are included in Part-III of the Indian constitution, also known as the
Magna Carta of the Indian Constitution.
If any bill approved by any legislature in the country is found to have violated any of the
fundamental rights, the bill has to be withdrawn.

Limitations of Fundamental Rights :

The fundamental rights listed in the constitution have reasonable restrictions, which means
they are not absolute and depend on the conditions of national security, public influence,
and relations with other countries. These rights include certain restrictions and limitations,
which are briefed as follows:
1. Social And Economic Rights Are Not Included :
The fundamental rights do not include important social and economic rights that are also
important for individuals to lead a quality life. The right to social security, the right to
labor, and the right to employment are not considered fundamental rights. Other countries
like China provide such rights.
2. Lack of Clarity :
Many experts have found that certain terms and phrases used to define the various
fundamental rights lack clarity as their explanation is not given in the constitution of India.
This creates some confusion or vagueness in understanding the scope of these rights.
3. Subject to Changes or Abolishment :
The government of India has the authority to change, curtail, or abolish any fundamental
rights. There are apprehensions and criticism against this because of the political
motivations that may enjoy majority support in the parliament.
4. Suspension During Emergencies :
Fundamental rights are subject to suspension during the operation of a national emergency
(except for the fundamental rights defined under Articles 20 and 21). Citizens of the
country will be deprived of their fundamental rights if a national emergency is declared.
5. Preventive Detention:
Provisions for the concept of preventive detention where the state can impose reasonable
restrictions on fundamental rights are criticized in many forums. This is considered critical
as it undermines the value and significance of fundamental rights by conferring
discretionary power on the state.
6. Expensive Judicial Process :
Ordinary people often don’t have the experience or financial means to go through the
judicial processes to have their fundamental rights enforced by the law. The judicial
process is also expensive and complex and sometimes beyond the reach of ordinary
people.
7. Restriction of Laws :
The parliament can restrict the application of fundamental rights to the members of armed
forces, paramilitary forces, police forces, and intelligence agencies.

SALIENT FEATURES OF INDIAN CONSTITUTION :

The Indian Constitution opens with a preamble. The Constitution’s aims, goals, and
fundamental precepts are outlined in the Preamble. These goals, which follow from
the Preamble, have directly and indirectly influenced the Constitution’s key
elements.According to the nation’s requirements, our Constitution has incorporated the
best elements of most major international constitutions. Despite including elements from
nearly every Constitution in the world, India’s Constitution stands out from those of other
nations due to a number of key characteristics
List of Salient Features of Indian Constitution :
The Indian Constitution is the supreme law of the land and lays down the framework
defining fundamental political principles, establishes the structure, procedures, powers,
and duties of government institutions, and sets out fundamental rights, directive principles
of state policy, and the duties of citizens. Here’s the complete List of Salient Features of
Constitution of India:
  Lengthiest Written Constitution
 Drawn from Various Sources
 Blend of Rigidity and Flexibility
 Federal System with Unitary Bias
 Parliamentary Form of Government
 Synthesis of Parliamentary Sovereignty and Judicial Supremacy
 Rule of Law
 Integrated and Independent Judiciary
 Fundamental Rights
 Directive Principles of State Policy
 Fundamental Duties
 Indian Secularism
 Universal Adult Franchise
 Single Citizenship
 Independent Bodies
 Emergency Provisions
 Three-tier Government
 Co-operative Societies
Here’s a detailed description of the Salient Features of Indian Constitution
1. Lengthiest Written Constitution :
There are two types of constitutions: written (like the American Constitution) and
unwritten (like the British Constitution). The Indian Constitution holds the title of being
the world’s longest and most comprehensive constitution to date. In other words, of all the
written constitutions in the world, the Indian Constitution is the longest. It is an extremely
thorough, intricate, and extensive document.

2. Drawn from Various Sources :

Dr. B. R. Ambedkar proclaimed with pride that the Indian Constitution was drafted after
“ransacking all known Constitutions of the world.”
The Government of India Act of 1935 served as the foundation for a substantial portion of
the Constitution’s structural provisions. The Irish and American Constitutions,
respectively, served as models for the philosophical sections of the Constitution (the
Fundamental Rights and the Directive Principles of State Policy). The British Constitution
served as a major inspiration for the political portion of the American Constitution,
including the notion of Cabinet administration and the relationships between the executive
and legislative.
3. Blend of Rigidity and Flexibility :
There are two types of constitutions: stiff and flexible. A rigid constitution, like the
American Constitution, is one that must be amended through a certain process. A flexible
constitution, like the British Constitution for instance, is one that can be changed in the
same way that regular laws are produced. The Indian Constitution is a special illustration
of how rigidity and flexibility may coexist. A constitution’s amendment process
determines whether it is rigid or flexible.

4. Federal System with Unitary Bias :

A federal structure of governance is established under the Indian Constitution. Every
characteristic of a federation is present, including two governments, a division of powers,
a written constitution, the supremacy of the Constitution, its rigour, an independent
judiciary, and bicameralism. K C Wheare has alternately defined the Indian Constitution
as “federal in form but unitary in spirit” and “quasi-federal”.

5. Parliamentary Form of Government :

The British Parliamentary System of Government has been chosen by the Indian
Constitution above the American Presidential System of Government. The presidential
system is founded on the notion of the separation of powers between the two organs,
whereas the parliamentary system is based on the idea of cooperation and coordination
between the legislative and executive organs. The Westminster model of governance,
responsible government, and cabinet government are other names for the parliamentary
system.
6. Synthesis of Parliamentary Sovereignty & Judicial Supremacy :
The British Parliament is linked to the theory of parliamentary sovereignty, while the
American Supreme Court is linked to the doctrine of judicial supremacy. The Indian
Supreme Court has less judicial review authority than the US Supreme Court, much as
how the Indian parliamentary system varies from the British one. This is so that it can be
contrasted with the Indian Constitution’s “procedure established by law” and the
American Constitution’s guarantee of “due process of law” (Article 21).
7. Rule of Law:
This axiom states that men are not infallible and that hence people are ruled by law rather
than men. The statement is essential to a democracy. The notion that the rule of law is
supreme in a democracy is more significant. The main component of law is custom, which
is nothing more than the ordinary people’s ingrained behaviors and beliefs over a lengthy
period of time. Rule of law, in the end, refers to the supremacy of the collective
knowledge of the people.
8. Integrated and Independent Judiciary :
A single, integrated judicial system exists in India. The Indian Constitution also
establishes an independent judiciary by preventing the legislature and government from
having any influence over it. The Supreme Court of the legal system is known as the
Supreme Court.
The state-level High Courts are superior courts to the Supreme Court. District courts and
other lower courts fall within the high court’s hierarchy of subordinate courts. As the
highest court of appeal, the protector of people’s basic rights, and steward of the
Constitution, the Supreme Court is a federal court. As a result, the Constitution contains a
number of safeguards that guarantee its independence.
9. Fundamental Rights :
Six Fundamental Rights are guaranteed to all citizens of India under Part III of the
constitution. One of the key components of the Indian Constitution is the guarantee of
fundamental rights. The fundamental tenet of the Constitution is that everyone has a right
to certain freedoms as a fellow human being and that the exercise of those freedoms is
independent of the majority or minority opinion. Such rights cannot be revoked by a
majority. The purpose of the fundamental rights is to further the notion of democratic
democracy.
10. Directive Principles of State Policy :
The Directive Principles of State Policy is a “new aspect,” in Dr. B. R. Ambedkar’s words,
of the Indian Constitution. They are listed in the Constitution’s Part IV. For the sake of
ensuring social and economic justice for our citizens, the Directive Principles were
incorporated into our Constitution.According to Directive Principles, money will not be
concentrated in the hands of a small number of people under India’s welfare state. They
are inherently not justiciable. The Indian Constitution is established on the foundations of
the balance between the Fundamental Rights and the Directive Principles, the Supreme
Court ruled in the Minerva Mills case (1980).
11. Fundamental Duties :
The fundamental obligations of citizens were not outlined in the original constitution. The
Swaran Singh Committee’s suggestion led to the 42nd Amendment Act of 1976, which
introduced Fundamental Duties to our Constitution. It outlines a list of ten Fundamental
Duties that all Indian people must uphold. One more essential obligation was later added
by the 86th Constitutional Amendment Act of 2002. While the duties are expectations
placed on every citizen, the rights are offered to the people as guarantees.
12. Indian Secularism :
India’s Constitution upholds a secular government. As a result, it does not support a
specific religion as the state’s official religion in India. The idea seeks to create a secular
state. This does not imply that the Indian government is hostile to religion. The Indian
constitution exemplifies secularism, which is the practice of treating all religions equally
or providing equal protection for all of them.
13. Universal Adult Franchise :
One person, one vote is the foundation upon which Indian democracy is based. Elections
are open to all Indian citizens who are 18 years old or older, regardless of caste, sex,
colour, religion, or status. The mechanism of the universal adult franchise set forth in the
Indian Constitution establishes political equality in India.
14. Single Citizenship
As is the case in the USA, citizens of federal states typically have dual citizenship. There
is just one citizenship in India. It implies that every Indian is a citizen of India, regardless
of where they were born or where they currently reside. He or she may be a resident of a
Constituent State like Jharkhand, Uttaranchal, or Chhattisgarh, but they are not a citizen of
that state; instead, they are a citizen of India. All Indian citizens have equal access to
employment opportunities throughout the nation and to all of India’s rights.
15. Independent Bodies :
The Indian Constitution establishes a number of independent entities in addition to the
legislative, executive, and judicial branches of the federal and state governments. The
Constitution views them as the cornerstones of India’s democratic system of government.
16. Emergency Provisions :
The authors of the Constitution anticipated that there might be circumstances in which the
government could not function as it does in normal circumstances. The Constitution
elaborates on emergency provisions to deal with such circumstances. During a crisis, the
state governments take complete control of the federal government, which gains absolute
authority.
17. Three-Tier Government:
The Indian Constitution originally called for a dual polity and included clauses describing
the structure and authority of the Centre and the States. Later, a third level of governance
(local government), which is absent from all other international constitutions, was added
by the 73rd and 74th Constitutional Amendment Acts (1992).
By adding a new Part IX and a new Schedule 11 to the Constitution, the 73rd Amendment
Act of 1992 gave the panchayats (rural local governments) formal status. Similar to this,
the 74th Amendment Act of 1992 provided urban local governments (municipalities)
official recognition by introducing a new Part IX-A and Schedule 12 to the Constitution.
18. Co-operative Societies:
The 97th Constitutional Amendment Act of 2011 granted cooperative societies a
constitutional status and provided for their protection. It gives the Parliament the authority
to create the necessary laws regarding multi-state cooperative societies, and it gives state
legislatures the authority to do the same for other cooperative societies.
ROLE AND STRUCTURE OF LOK SABHA AND RAJYA SABHA
Rajya Sabha is the council of states, and the members are indirectly elected by the
representatives of assemblies and union territories. Lok Sabha is the people's house where
people can vote to elect their representatives. Lok Sabha has 552 members, whereas Rajya
Sabha has 250 members.
Parliament of India
Rajya Sabha
Rajya Sabha is commonly known as the House of Elders. It is the upper house of the two
houses of the parliament. In 2022, it has a strength of 245, out of which 233 members are
elected by the legislatures of the 28 states and eight union territories during a single voting
system called Open Ballot. The seating capacity of this upper house is 250. The president
can select 12 experts who have contributed to various art, literature, science and social
services. The term for members in the Rajya Sabha is six years, and elections are held
every two years.
Rajya Sabha meets up in continuous sessions and is not subjected to dissolution, unlike
Lok Sabha. Both the houses of the Parliament can be ended by the President.
Rajya Sabha has an equal hold in legislation along with Lok Sabha. In supply, Lok Sabha
has the authority to override. In the case of conflicts, a joint sitting of the two houses is
held, and the Lok Sabha would have more influence because of its more members. The
Vice President of India is the ex-official Chairman for the Rajya Sabha, and he controls
the sessions. The Deputy Chairman is selected from within the house to take care of the
daily matters of the house. The Deputy Chairman will be in authority in the absence of the
Chairman. The first sitting of the Rajya Sabha was on 13th May 1952.
The Rajya Sabha joins and meets up in the chamber in the House of Parliament in Delhi.
Since 2018 July, there has been a facility for simultaneous interpretation in 22 languages
of India.
Functions of Rajya Sabha
 She represents various state and union territories of the country
 A bill can be amended in the country as the law only if it has been passed in both
Rajya Sabha and Lok sabha
 Authority to alter and review the bills sent and passed by the Lok sabha. Only after
acceptance from Lok sabha, a bill will become a law
 The president of the country selects twelve members of the Rajya sabha

Lok Sabha
Lok Sabha is the lower house of the Parliament. It is known as the House of the People.
The members of the Lok Sabha are elected through voting, where all citizens above the
age of 18 years can vote for their person of choice. The members represent their
constituencies. They can hold their seats for five years or until the president dissolves the
body. The President can only dissolve the house upon the advice of ministers. The house
conducts its meetings in the Lok Sabha Chambers of the Sansad Bhavan located in New
Delhi.
The current term of Lok Sabha was elected in May and is still running. Currently, Lok
Sabha has 543 seats. The representatives can hold their seats for five years from the first
meeting or until it dissolves. In case of emergency, the duration of the Lok Sabha can be
extended by law.
Functions of Lok sabha
 Legislature: Lok sabha has to pass bills and laws and reforms for state and union
territories strengthening the national and interstate interests of the country
 Finance matters of the country: Lok sabha members are the enacting body of the
financial bills and reforms of the country, which are to be successfully implemented
in the country
 Consent to the Rajya sabha to make every national or state interest decision
 The country’s parliament can only do high court or supreme court judge removal
Differences between Rajya Sabha and Lok Sabha
The disparity between the two houses lies in the power and functions. Lok Sabha has a
duration of 5 years, after which it is dissolved, whereas Rajya Sabha is permanent, with
one-third of the members retiring every two years.
Rajya Sabha is the council of states, and the members are indirectly elected by the
representatives of assemblies and union territories. Lok Sabha is the people’s house where
people can vote to elect their representatives.
Lok Sabha has 552 members, whereas Rajya Sabha has 250 members. The minimum age
to be a member of the Lok Sabha is 25 years, and Rajya Sabha is 30 years.
A money bill can be introduced only in the Lok Sabha. Once the bill is approved in the
Lok Sabha, it is transferred to Rajya Sabha for advice. The representative of the Lok
Sabha is the speaker, and Rajya Sabha is the vice president of India.

THE ROLE AND POWER OF INDIAN PRESIDENT

About President of India
 The President of India is the highest office of the land under the constitutional
framework of India.
  The office of the President of India has been envisaged as:
o The head of the Indian State,
o The first citizen of India,
o The Titular or nominal or de jure head of the Union Executive, and
o The Commander-in-Chief of the Indian Armed Forces.
Powers and Functions of the President of India :
The role of President in India is to be the ceremonial head of state and the supreme
commander of the armed forces, representing the unity and integrity of the nation. The
power and position of President is to hold significant authority, though largely ceremonial,
with powers exercised on the advice of the Prime Minister and the Council of Ministers,
making the position primarily symbolic within a parliamentary democracy. The powers
and functions of the President in India are described in detail in the following sections.
Executive Powers of President of India
The executive powers and functions of the President of India are as follows:
 All executive actions of the Government of India are formally taken in his/her
name.
 He/she can make rules specifying the manner in which the orders and other
instruments made and executed in his/her name shall be authenticated.
 He/she can make rules for more convenient transactions of business of the Union
government and allocation of the said business among the ministers.
 He/she appoints the Prime Minister and the other ministers. They hold office during
his/her pleasure.
 He/she appoints the Governors of States, the Attorney General of India, the
Comptroller and Auditor General of India, the Chief Election Commissioner and
other Election Commissioners, the Chairman and Members of the Union Public
Service Commission, the Chairman and Members of the Finance Commission, and
so on.
 He/she can seek any information relating to the administration of affairs of the
Union, and proposals for legislation from the Prime Minister.
 He/she can require the Prime Minister to submit, for consideration of the Council of
Ministers, any matter on which a decision has been taken by a minister but, which
has not been considered by the Council.
 He/she can appoint a commission to investigate the conditions of backward classes.
 He/she can appoint an Inter-State Council to promote Centre-State and Inter-State
cooperation.
 He/she directly administers the Union Territories through administrators appointed
by him/her.
Legislative Powers of President of India
The work of President of India is to execute various constitutional duties, including giving
assent to bills, appointing key officials, and overseeing emergency provisions when
required. The President of India, as an integral part of the Parliament of India, wields the
following Legislative Powers:
 He/she can summon or prorogue the Parliament and dissolve the Lok Sabha.
 He/she can also summon a joint sitting of both the Houses of Parliament, which is
presided over by the Speaker of the Lok Sabha.
 He/she can address the Parliament at the commencement of the first session after
each general election and the first session of each year.
 He/she can send messages to the Houses of Parliament, whether with respect to a
bill pending in the Parliament or otherwise.
 He/she can appoint any member of the Lok Sabha and Rajya Sabha to preside over
its proceedings when the offices of both the Speaker and the Deputy Speaker (in
case of Lok Sabha), Chairman and the Deputy Chairman (in case of Rajya Sabha)
falls vacant.
 He/she nominates 12 members of the Rajya Sabha from amongst persons having
special knowledge or practical experience in literature, science, art, and social
service.
 He/she nominated two members to the Lok Sabha from the Anglo-Indian
community. However, the 104th Constitutional Amendment Act of 2019 has
discontinued this provision.
 He/she decides on questions as to disqualifications of members of the Parliament in
consultation with the Election Commission of India.
Financial Powers of President of India
 Money bills can be introduced in the Parliament only with his prior
recommendation.
 He/she causes to be laid before the Parliament the Annual Financial Statement (i.e.
the Union Budget).
 No demand for a grant can be made except on his recommendation.
 He/she can make advances out of the Contingency Fund of India to meet any
unforeseen expenditure.
Judicial Powers of President of India
The judicial powers and functions of the President of India are:
 He/she appoints the Chief Justice and the judges of the Supreme Court and High
Courts.
 He/she can seek advice from the Supreme Court on any question of law or fact. The
advice tendered by the Supreme Court is not binding on the President.
 He can grant pardon, reprieve, respite, and remission of punishment, or suspend
remit, or commute the sentence of any person convicted of any offense:
Military Powers of President of India
The military powers and functions of the President are as follows:
 He/she is the Supreme Commander of the Defense Forces of India.
 He/she appoints the Chiefs of the Army, Navy, and Air Force.
 He/she can declare war or conclude peace, subject to the approval of Parliament.
Emergency Powers of President of India
The President is empowered to declare the 3 types of emergencies:
 National Emergency under Article 352,
 President’s Rule under Articles 356 and 365, and
 Financial Emergency under Article 360.

ELECTION COMMISSION OF INDIA

The Election Commission of India is an autonomous constitutional authority responsible
for administering Union and State election processes in India. The body administers
elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies in India, and the
offices of the President and Vice President in the country.
Independence of the Election Commission
Article 324 of The Constitution of India mentions the provisions to safeguard and ensure
the independent and impartial functioning of the Election Commission which is as follows.
 The chief election commissioner is provided with security of tenure. He cannot be
removed from his office except in the same manner and on the same grounds as a
judge of the Supreme Court. In other words, he can be removed by the President on
the basis of a resolution passed to that effect by both the Houses of Parliament with
a special majority, either on the ground of proved misbehaviour or incapacity.
 Thus, he does not hold his office until the pleasure of the president, though he is
appointed by him.
 The service conditions of the chief election commissioner cannot be varied to his
disadvantage after his appointment.
 Any other election commissioner or a regional commissioner cannot be removed
from office except on the recommendation of the chief election commissioner.
 Though the constitution has sought to safeguard and ensure the independence and
impartiality of the Election Commission, some flaws can be noted, ie:
 The Constitution has not prescribed the qualifications (legal, educational,
administrative or judicial) of the members of the Election Commission.
 The Constitution has not specified the term of the members of the Election
Commission.
 The Constitution has not debarred the retiring election commissioners from any
further appointment by the government.
Powers, Functions, and Responsibilities of Election Commission
Among the major Constitutional Bodies in India, Election Commission is a permanent
Constitutional Body. It was established in accordance with the Constitution on 25th
January 1950.
 The Constitution has vested to this body superintendence, direction and control of
the entire process for conduct of elections.
 The Commission’s functions and powers with respect to elections to the offices of
the President, the Vice President, the state legislators and the Parliament are divided
under three headings:
 Administrative
 Advisory
 Quasi-judicial
Powers of Election Commission of India
In details, these powers of the Election Commission of India are:
 Determining the Electoral Constituencies’ territorial areas throughout the country on
the basis of the Delimitation Commission Act of Parliament.
 Preparing and periodically revising electoral rolls and registering all eligible voters.
 Notifying the schedules and dates of elections and scrutinising nomination papers.
 Granting recognition to the various political parties and allocating them election
symbols.
 Acting as a court to settle disputes concerning the granting of recognition to
political parties and allocating election symbols to the parties.
 Appointing officers for inquiring into disputes concerning electoral arrangements.
 Determining the code of conduct to be followed by the political parties and
candidates during elections.
 Preparing a program for publicising the policies of all the political parties on various
media like TV and radio during elections.
 Advising the President on matters concerning the disqualification of MPs.
 Advising the Governor on matters concerning the disqualification of MLAs.
 Cancelling polls in case of booth capturing, rigging, violence and other
irregularities.
 Requesting the Governor or the President for requisitioning the staff required for
conducting elections.
 Supervising the machinery of elections throughout the country for ensuring the
conduct of free and fair elections.
 Advising the President on whether elections can be held in a state that is under the
President’s rule, in order to extend the period of emergency after 1 year.
 Registering political parties and granting them the status of national or state parties
(depending on their poll performance).
The Commission is aided in its function by deputy election commissioners. The deputy
ECs are taken from the civil services and they are appointed by the Commission. They
have a fixed tenure. They are aided by the secretaries, deputy secretaries, joint secretaries
and under-secretaries posted in the commission’s secretariat.
Functions of Election Commission
1. To direct and control the entire process of conducting elections to Parliament and
Legislature of every State and to the offices of President and Vice-President of
India.
2. To decide the election schedules for the conduct of periodic and timely elections,
whether general or bye-elections
3. To decide on the location of polling stations, assignment of voters to the polling
stations, location of counting centres, arrangements to be made in and around
polling stations and counting centres and all allied matters
4. To prepare electoral roll and issues Electronic Photo Identity Card (EPIC)
5. To grant recognition to political parties & allot election symbols to them along with
settling disputes related to it
6. To sets limits of campaign expenditure per candidate to all the political parties, and
also monitors the same
7. To advise in the matter of post-election disqualification of sitting members of
Parliament and State Legislatures.
8. To issue the Model Code of Conduct in the election for political parties and
candidates so that no one indulges in unfair practice or there is no arbitrary abuse of
powers by those in power.
Composition of Election Commission
Article 324 of the Constitution has made the following provisions with regard to the
composition of the election commission:
 The President appoints the Chief Election Commissioner and other election
commissioners.
 When any other EC is so appointed, the CEC acts as the Election Commission’s
Chairman.
 The President can also appoint regional commissioners to assist the Commission, if
necessary after consulting with the Election Commission.
 The tenure of office and the conditions of service of all the commissioners shall be
determined by the country’s President.
Importance of Election Commission for India
  The Election Commission has been successfully conducting national as well as state
elections since 1952. Now, it plays an active role to ensure the greater participation
of people.
 The Commission has brought discipline among the political parties with a threat of
derecognizing if the parties failed in maintaining inner-party democracy.
 It supports the values preserved in the Constitution viz, equality, equity,
impartiality, independence; and rule of law in superintendence, direction, and
control over the electoral governance.
 ECI helps in conducting elections with the highest standard of credibility, fairness,
transparency, integrity, accountability, autonomy and professionalism.
 In the electoral process, it ensures the participation of all eligible citizens in an
inclusive voter-centric and voter-friendly environment.
The Supreme Court of India
The Supreme Court of India is the apex judicial body under the Constitution of
India. Article 124 of the Constitution states that “There shall be a Supreme Court of
India.” The Supreme Court came into existence on 26 January 1950 with the coming into
force of the Constitution.
What is the Organisational Structure of the Supreme Court?
At present, the Supreme Court consists of thirty-one judges (one chief justice and thirty
other judges).
 Supreme Court (Number of Judges) Bill of 2019 has added four judges to strength.
It increased the judicial strength from 31 to 34, including the CJI.
 Originally, the strength of the Supreme Court was fixed at eight (one chief justice
and seven other judges).
 The Parliament is authorised to regulate them.
Seat of Supreme Court
The Constitution declares Delhi as the seat of the Supreme Court. It also authorises the CJI
to appoint other place or places as seat of the Supreme Court.
He can take decision in this regard only with the approval of the President. This provision
is only optional and not compulsory. This means that no court can give any direction either
to the President or to the Chief Justice to appoint any other place as the seat of the
Supreme Court.
Appointment of Judges :
The judges of the Supreme Court are appointed by the President. The CJI is appointed by
the President after consultation with such judges of the Supreme Court and high courts as
he deems necessary.
The other judges are appointed by the President after consultation with the CJI and such
other judges of the Supreme Court and the high courts as he deems necessary. The
consultation with the chief justice is obligatory in the case of appointment of a judge other
than Chief justice.
What are the Oaths or Affirmations?
A person appointed as a judge of the Supreme Court, before entering upon his office, has
to make and subscribe to an oath or affirmation before the President, or some other person
appointed by him for this purpose. In his oath, a judge of the Supreme Court swears:
 to bear true faith and allegiance to the Constitution of India;
 to uphold the sovereignty and integrity of India;
 to duly and faithfully and to the best of his ability, knowledge and judgement to
perform the duties of the Office without fear or favour, affection or ill-will; and
 to uphold the Constitution and the laws.
What is the Tenure of Judges?
The Constitution has not fixed the tenure of a judge of the Supreme Court. However, it
makes the following three provisions in this regard:
He holds office until he attains the age of 65 years. Any question regarding his age is to be
determined by such authority and in such manner as provided by Parliament.
He can resign his office by writing to the President.
He can be removed from his office by the President on the recommendation of the
Parliament.

What are Jurisdiction and Powers of Supreme Court?

What is Original Jurisdiction?
As a Federal court, the Supreme Court decides disputes between different units of the
Indian Federation. More elaborately, any dispute between:
 the Centre and one or more states; or
 the Centre and any state or states on one side and one or more states on the other; or
 between two or more states.
 In the above federal disputes, the Supreme Court has exclusive original jurisdiction.
Further, this jurisdiction of the Supreme Court does not extend to the following:
 A dispute arising out of any pre-Constitution treaty, agreement, covenant,
 engagement, sanad or other similar instrument.
 A dispute arising out of any treaty, agreement, etc.,which specifically provides that
the said jurisdiction does not extent to such a dispute.
 Inter-state water disputes.
 Matters referred to the Finance Commission.
 Adjustment of certain expenses and pensions between the Centre and the states.
 Ordinary dispute of Commercial nature between the Centre and the states.
 Recovery of damages by a state against the Centre.
What is Writ Jurisdiction?
The Supreme Court is empowered to issue writs, including habeas corpus, mandamus,
prohibition, quo-warranto and certiorari for the enforcement of the fundamental rights
of an aggrieved citizen.
In this regard, the Supreme Court has original jurisdiction in the sense that an
aggrieved citizen can go directly to the Supreme Court, not necessarily by way of
appeal.
However, the writ jurisdiction of the Supreme Court is not exclusive. The High Courts
are also empowered to issue writs for the enforcement of the Fundamental Rights.
What is Appellate Jurisdiction?
The Supreme Court is primarily a court of appeal and hears appeals against the
judgements of the lower courts. It enjoys a wide appellate jurisdiction which can be
classified under four heads:
 Appeals in constitutional matters
 Appeals in civil matters
 Appeals in criminal matters
 Appeals by special leave
What is Advisory Jurisdiction?
The Constitution under Article 143 authorises the President to seek the opinion of the
Supreme Court in the two categories of matters:
 On any question of law or fact of public importance which has arisen or which is
likely to arise.
 On any dispute arising out of any pre-constitution treaty, agreement, covenant,
engagement, sanador other similar instruments.
What is a Court of Record?
As a Court of Record, the Supreme Court has two powers:
 The judgements, proceedings and acts of the Supreme Court are recorded for
perpetual memory and testimony. These records are admitted to be of evidentiary
value and cannot be questioned when produced before any court.
 They are recognised as legal precedents and legal references.
 It has power to punish for contempt of court, either with simple imprisonment
for a term up to six months or with fine up to 2,000 or with both.
What is the Power of Judicial Review?
Judicial review is the power of the Supreme Court to examine the constitutionality of
legislative enactments and executive orders of both the Central and state governments.
On examination, if they are found to be violative of the Constitution (ultra-vires), they
can be declared as illegal, unconstitutional and invalid (null and void) by the Supreme
Court. Consequently, they cannot be enforced by the Government.