Indian polity

Ghanshyam Thori Indian Polity

Ghanshyam Thori Indian Polity1

Indian PolityAnalysis:

Indian Political System - General Political Scenario/Broad Political Issue· Discuss economic backwardness as a major challenge of Indian democracy. Can democracy and

development go together smoothly? (30 Marks)· What is the “Strategic Partnership” between India & United States of America? What are its

implications for both the partners? (30 Marks)· What are the main determinants of voting behavior in India? (30 Marks)· Discuss the major obstacles in the smooth functioning of Parliamentary democracy in India. (30

Marks).· Bring out the aberrations in the Parliamentary system of government in India. (30 Marks).· Examine the demand for greater state autonomy & also its impact on the smooth functioning of the

Indian Polity. (30 Marks).· Examine the major extra constitutional factors influencing the working of federal polity in India (15

Marks).

Constitution of India & Its Amendments – Broad Constitutional Question· What is a constitution? What are the main sources of the Indian Constitution? (30 Marks)· What is the significance of Preamble of the Indian Constitution? Bring out the philosophy of the

Indian Constitution as enshrined in the Preamble of the Indian Constitution. (30 Marks).· How does the constitution of India provide equal rights? (30 Marks)· Discuss the constitutional provisions regarding rights of Children. (15 Marks).· Discuss the significance of 44th Amendment of the Constitution of India. (15 Marks).· Why does the constitution of India provide different forms of Oaths for the President, the Ministers,

the Legislators & the Members of Judiciary? Discuss their significance. (30 Marks).· How is the Constitution of India amended? Do you think the procedure to amendment makes the

constitution a plaything in the hands of the Centre? (30 Marks).· Discuss the constitutional provisions relating to the non justiciable directives binding upon the states.

(15 Marks).· Examine the need for the review of the Indian Constitution (30 Marks).· What constitutes the doctrine of “Basic features” as introduced into the constitution by the Judiciary.

(30 Marks).

Fundamental Rights & Duties· What is the right of life & personal liberty? How have the courts expanded its meaning in recent

years? (30 Marks).· Give you views on the right to freedom of religion as enshrined in the Indian Constituion. Do they

make India a secular state? (30 Marks).· What are the constitutional limitations on the free movement of Indians throughout the country? (15

Marks).



· How does the constitution of India provide equal rights? (30 Marks)· Identify the major fundamental duties.

Directive Principles· Bring out the fundamental differences between the Fundamental Rights & the Directive Principles of

State Policy/ Discuss some of the measures taken by the Union & State Governments for theimplementation of Directive Principles of State Policy. (30 Marks)

· What is the constitutional position of Directive Principles of State Polity? How has it been interpretedby the Judiciary after the emergency of 1975-77? (30 Marks).

President – Vice President· What are the exceptions when the President of India is not bound by the aid & advice of Council of

Ministers? (15 Marks).· Discuss the question of death sentence & Presidential Clemency. (30 Marks).· Comment on the nature of Ordinance Making power of the President of India. What safeguards are

there against possible misuse? (15 Marks).

Speaker· What is pro term speaker? (15 Marks).

Parliament – Lok Sabha & Rajya Sabha· On What grounds can a member be disqualified from either House of the Parliament? (30 Marks).· How would you differentiate between the passage of a Constitution Amendment Bill and an Ordinary

Legislative Bill? (15 Marks).· Under what circumstances can parliament legislate on State Subjects? (15 Marks)· Define Money-Bill. Discuss how it is passed in the Parliament. (15 Marks).· Discuss Parliamentary control over the Executive. (30 Marks).· Explain the relevance of Rajya Sabha as a second chamber in the federal setup of Indian Parlimentary

System. (15 Marks).· The issue of hung parliament adversely affects the stability of the Indian Government. Discuss the

statement and point out how far changing to the Presidential form of government will be a solution tothis problem. (30 Marks)

· What are the main differences between the passage of a constitutional amendment bill & otherlegislatve bills? (30 Marks).

· Distinguish between Cabinet Secretariat & Prime Ministers Secretariat. Which of these is moreimportant? (15 Marks).

· How does Parliament control the Union Executive? How effective is this control? (30 Marks -Repeat).

Parliamentary Committees:· Explain the role of Public Accounts Committee. (15 Marks).



· Examine the role of the Estimates Committee (15 Marks).

Governor· Explain the discretionary powers of Governor of a State. (30 Marks).

State Legislature· Examine the major extra constitutional factors influencing the working of federal polity in India (15

Marks).

Local Governance – Panchayati Raj & Muncipalities· Would you say that the implementation of the Panchayati System in the last 10 years has lead to real

restructuring of Indian polity? (30 Marks).· Discuss how the State government can exercise control over panchayats (15 Marks).

Centre-State Relations· Comment on the financial relations between the Union & the States in India. Has post 1991

liberalization in any way affected it? (30 Marks).· Discuss the administrative relations between the centre & the states in the light of recent controversies.

(30 Marks).

Quasi-Judical/Extra Constitutional/Statutory Bodies· How does the Inter-State Council establish co-ordination between states? (15 Marks)· What are the steps that the Election Commission may take if a recalcitrant State Government wants to

put off Assembly Elections? (15 Marks).· What is a Finance Commission? Discuss the main functions of the State Finance Commission. (15

Marks)

Elections· Identify the major electoral reforms which are necessary in the Indian Political System· Describe the methods of delimiting constituencies for parliamentary elections in India (15 Marks –

Important for this year).

Judiciary· Is the High Courts power to issue writs wider than that of Supreme Court of India? (15 Marks)· Is it possible to distinguish between Judicial review & Judicial Activism in India? Does the recent

behaviour of the Indian Judiciary partake more of judicial activism? Argue with suitable examples.· What is the position of Supreme Court under the Constituion of India? How far does it play a role as

the Guardian of the Constitution. (30 Marks).

Emergency Provisions



What is the meaning of “Breakdown of Constitutional Machinery”. What are its effects? (30 Marks).

Miscellaneous· How has the Indian State tackled the tradeoff between Environment & development? (15 Marks).

2 Markers (Previous Years)2007

1. What is criminalization of politics?2. How is the President of India Elected?3. What is Casting Vote?4. What the difference between Council of Ministers & Cabinet?5. What is the importance of Right to Constitutional Remedies?

20061. Explain the following terms:

a. Dissolution of the Houseb. Prorogation of the Housec. Adjournment of the business of the House

2. What is Consolidate fund of India?3. To what extend can the President withhold his assent to a bill already passed by the Parliament?4. What is India’s “Look East” Policy5. What is meant by “Empowerment of India” in India?

20051. What is meant by Double Jeopardy2. What are the protections afforded to Scheduled tribes in the Fifth Schedule of the Indian Constituion?3. In what ways can the President of India ascertain the views of the Supreme Court on a particular bill?4. What is the common point between Articles 14 & 226 of the Indian constitution?5. Who & what does the Indian Parliament consist of?

20041. What is Habeas Corpus?2. What are the constitutional restrictions imposed upon the power of borrowings of state government?3. What is the special facility provided to the linguistic minorities under the article 350A?4. How can a judge of the Supreme Court be removed?5. How is the Election Commission of India Constituted?

2003

1. What is point of order? How can it be raised?2. What is Privilege Motion?3. State the difference between Council of Ministers & Cabinet (Repeat)4. How is the Vice President of India elected?5. What is meant by “Sine-die” adjournment?

20021. What is the importance of 84th Amendment of the Indian Constitution?2. Under what Article of the Constitution can the Union Government play its role in settling Inter-state

Water Dispute?3. What is the role of the protem speaker?4. What is meant by “Lame-Duck Session” of the Legislature?5. What is meant by “Fringe Areas” in the sphere of local government in India?

20011. Explain the Local Area Development Scheme of the Members of Parliatment.2. What is ethics committee of the Lok Sabha?3. Why is it said that centre has absolute veto over state legislature?4. What is Call Attention Motion?5. When is the device of joint sitting of both houses of the parliament not available?

20001. What is vote on account?2. What is a caretaker government?3. Do you justify the Prime Minister’s Entry into Parliament through Rajya Sabha?4. What is priviledge Motion?5. What is Contempt of Parliament?





TermsPost Election RemovalPresident An electoral college consisting of the

elected members of both houses of theParliament and the elected members ofthe State Legislative Assemblies(Vidhan Sabha). The election uses theSingle Transferable Vote method ofproportional representation.

Through Impeachment. The process ofimpeachment may start in either house. Thecharges are contained in a notice which hasto be signed by at least one quarter of thetotal members of that house. The notice issent up to the President and 14 days later, itis taken up for consideration. A resolution toimpeach the President has to be passed by atwo-third majority of the total members ofthe originating house. It is then sent to theother house where it has to be passed by2/3rd majority. The president has the right todefend himself during the process.Legislative Assembly members do notparticipate in impeachment.

Vice President By an electoral college consisting of allthe Members of both Houses ofParliament.

By a vote of the majority of the votes of allthe members of both Houses of Parliament.But only Rajya Sabha can initiate theprocess.

MP (LokSabha)

Direct Election. 2 members of AngloIndian community nominated.

MP (RajyaSabha)

Members are elected by the LegislativeAssembly of Each State. Delhi &Pondicherry are the only two UTshaving representation. 12 members arenominated.

Governor No provision in constitution. He holds officeduring the pleasure of the president.

MLAMembers ofLegilativeCouncil

1/3rd elected by State LegislativeAssembly, 1/3rd by local bodies, 1/12th

by university graduates, 1/12th byteachers, 1/6th nominated by governor.At present only 6 states viz UttarPradesh, Bihar, Karnataka, Maharashtraand Jammu and Kashmir & AndraPradesh (added in 2005) have legislativecouncil.

http://en.wikipedia.org/wiki/Electoral_college

http://en.wikipedia.org/wiki/Parliament_of_India

http://en.wikipedia.org/wiki/Single_Transferable_Vote

http://en.wikipedia.org/wiki/Proportional_representation



SupremeCourt Judge

President appoints in consultation withSupreme Court. For this the person mustbe a citizen of India and must have been,for at least five years, a Judge of a HighCourt or of two or more such Courts insuccession, or an Advocate of a HighCourt or of two or more such Courts insuccession for at least 10 years, or theperson must be, in the opinion of thePresident, a distinguished jurist.

A Judge of the Supreme Court cannot beremoved from office except by an order ofthe President passed after an address in eachHouse of Parliament supported by amajority of the total membership of thatHouse and by a majority of not less thantwo-thirds of members present and voting,and presented to the President in the sameSession

High CourtJudge

President after consultation with theChief Justice of India, Governor of theState Concerned & Chief Justice of HighCourt.

Exactly Same as in case of Supreme CourtJudge (cited above).

Parliamentary TermsAdjournment sine die Termination of a sitting of the House without any definite date being fixed for the

next sitting.Appropriation Bill A Money Bill passed annually (or at various times of the year) providing for the

withdrawal or appropriation from and out of the Consolidated Fund of India ofmoneys voted by Lok Sabha and moneys charged on the Consolidated Fund forthe services of a financial year or a part of a financial year.

Budget Annual financial statement of the estimated receipts and expenditure of theGovernment of India in respect of a financial year. The Budget is laid in RajyaSabha in two parts viz., the Railway Budget and the General Budget.

Casting Vote The vote cast by the Chairman, or the person Acting as such in the House and bythe Chairman or person acting as such in a Committee, in the case of an equalityof votes on a matter.

Crossing the Floor Passing between the member in possession of the House and the Chair. To crossthe floor is a breach of Parliamentary etiquette

Dilatory Motion A motion for the adjournment of the debate or a motion to retard or delay theprogress of the business under consideration of the House. The debate on adilatory motion must be restricted to the matter of such motion. If the Chairmanis of opinion that such a motion is an abuse of the Rules of the House, he mayeither forthwith put the question thereon from the Chair or decline to propose thequestion.

Draw of Lot A method applied to determine the relative precedence of private members' Billsand Resolutions, notices of questions, half-an-hour discussions or any othernotice given by more than one member simultaneously for being taken up on thesame day.

Expunction Deletion of words, phrases or expressions from the proceedings or records ofRajya Sabha by an order of the Chairman as being defamatory or indecent orunparliamentary or undignified.



Finance Bill Bill ordinarily introduced every year to give effect to the financial proposals ofthe Government of India for the following financial year and includes a Bill togive effect to supplementary financial proposals for any period.

Financial Bill Financial Bills are of two types:(a) A Bill making provision for any of the matters specified in sub-clauses (a) to(f) of clause (1) of article 110 of the Constitution is called a Money Bill. Such aBill cannot be introduced except on the recommendation of the President and aBill making such provisions cannot be introduced in Rajya Sabha.(b) A Bill which if enacted and brought into operation would involve expenditurefrom the Consolidated Fund of India. Such a Bill can be introduced in RajyaSabha. It cannot be passed by either House of Parliament unless the President hasrecommended to that House the consideration of the Bill.

Guillotine Guillotine is a different form of closure. It means the putting by the Chairman ofoutstanding question or questions relating to the business in hand on expiry of thetime allotted for the discussion. Unlike closure, the guillotine to be applied is notpreceded by any motion. The Chair forthwith puts the question without furtherdebate.

Maiden Speech The first speech of a member after his election for the first time. Such a memberis, as a matter of courtesy, called upon by the Chairman to make his maidenspeech in preference to others rising to speak at the same time. It is a recognizedparliamentary convention that a member making a maiden speech is notinterrupted by another member.

Money Bill A Bill containing only provisions dealing with all or any of the matters specifiedin sub-clauses (a) to (g) of clause (1) of article 110 of the Constitution is a MoneyBill. Such a Bill cannot be introduced in Lok Sabha except on therecommendation of the President and a Bill making such provisions cannot beintroduced in Rajya Sabha.

Naming a Member The drawing of attention of the House by the Chairman to the conduct of amember who disregards the authority of the Chair or abuses the Rules of theHouse by persistently and willfully obstructing the business thereof, with a viewto action being taken to suspend him from the service of the House for a periodnot exceeding the remainder of the session.

Ordinance A law made by the President in exercise of the powers vested in him by article123 of the Constitution.

Point of Order A point relating to the interpretation or enforcement of the Rules of Procedure orsuch articles of the Constitution as regulate the business of the House raised inthe House and submitted for the decision of the Chair. A member may raise apoint of order if the proceedings of the house do not follow the normal rules. Thepresiding officer decides whether the point of order raised by the member shouldbe allowed.

Prorogation The termination of a session of Rajya Sabha by an order made by the Presidentunder article 85(2)(a) of the Constitution.

Question Hour The first hour of a sitting of the House allotted for asking and answering ofquestions. The questions consist of starred (oral), unstarred (written) & short



notice question.Question of Privilege A question involving a breach of privilege either of a member or of the House or

of a Committee thereof or contempt of the House.ParliamentaryPrivileges

The term `parliamentary privilege' refers to certain rights and immunities enjoyedby each House of Parliament and Committees of each House collectively, and bymembers of each House individually, without which they cannot discharge theirfunctions, efficiently and effectively. The House has the power to punish anyperson who commits contempt of the House or a breach of any of its privileges.

Lame Duck Session This session is held when a new Parliament has been elected but the oldparliament meets for the last time before it is dissolved. The lame-ducks are themembers of the parliament who have not got re-elected.

Privilege Motion Any member either from Lok Sabha or Rajya Sabha can move a Privilege Motionnotice against a person who he feels has caused breach of privilege either of hisown person or that of the house in general. The member moving the notice has toseek prior permission of the Lok Sabha speaker or chairman of the Rajya Sabhaas the case may be.

Difference betweenthe breach ofprivileges andcontempt of theHouse

When any of the privileges either of the members individually or of the House inits collective capacity are disregarded or attacked by any individual or authority,the offence is called a `breach of privilege'.Contempt of the House may be defined generally as "any act or omission whichobstructs or impedes either House of Parliament in the performance of itsfunctions, or which obstructs or impedes any member or officers of such Housein the discharge of his duty, or which has a tendency, directly or indirectly, toproduce such results.Whereas all breaches of privilege are contempts of the House whose privilegesare violated, a person may be guilty of a contempt of the House even though hedoes not violate any of the privilege of the House, e.g. when he disobeys an orderto attend a committee or publishes reflections on the character or conduct of amember in his capacity as a member.

Quorum The minimum number of members required to be present at a sitting of the Houseor a Committee for valid transaction of its business. The quorum to constitute asitting of the House is one-tenth of the total number of members of the House.

Short NoticeQuestion

A question relating to a matter of urgent public importance asked with noticeshorter than fifteen clear days.

Starred Question Question to which a member wishes to have an oral answer on the floor of theHouse and which is distinguished by an asterisk.

Unstarred Question A question which is not called for oral answer in the House. The written answerto such a question is deemed to have been laid on the Table.

Adjournment,Prorogation &Dissolution of theHouse

An adjournment terminates the sitting of the House which meets again at the timeappointed for the next sitting. An adjournment also signifies brief break of thesitting of the House which re-assembles at the appointed time on the same day.

Prorogation means the termination of a session of the House by an order made bythe President under article 85(2)(a) of the Constitution. Usually, prorogation



follows the adjournment of the sitting of the House sine die.

Dissolution of the House means the end of the life of the Lok Sabha either by anorder made by the President under article 85 (2) (b) of the Constitution or on theexpiration of the period of five years from the date appointed for its first meeting.

DepartmentallyRelated StandingCommittee

These Committees, as their name suggests, consider and report on theworking/demands for grants of the Ministries/Departments assigned to them.

Substantive,Substitute &Subsidiary Motion

Motions may be classified into three broad categories namely substantive,substitute and subsidiary. A substantive motion is a self-contained independentproposal made in reference to a subject which the mover wishes to bring forwarde.g., all Resolutions are substantive motions.Substitute Motion as its name suggests is moved in substitution of the originalmotion for taking into consideration a policy or situation or statement or anyother matter.Subsidiary Motion is a motion which depends upon or relates to another motionor follows upon some proceedings in the House. By itself it has no meaning andis not capable of stating the decision of the House without reference to theoriginal motion or proceedings of the House.

Adjournment Motion Adjournment Motion is the procedure for adjournment of the business of theHouse for the purpose of discussing a definite matter of urgent public importance,which can be moved with the consent of the Speaker. The Adjournment Motion,if admitted, leads to setting aside of the normal business of the House fordiscussing the matter mentioned in the motion. Only if 50 members support it &speaker grants permission.

SubordinateLegislation

"Rules, regulations, orders, schemes, bye-laws, etc. having the force of law,framed by the Executive or other subordinate authority in pursuance of the powerconferred on it by the Constitution or delegated to it by an Act of Parliament.

Zero Hour The time immediately following the Question Hour and laying of papers andbefore any listed business is taken up in the House has come to be popularlyknown as `zero hour'. As it starts around 12 noon, this period is euphemisticallytermed as `zero hour'. For raising matters during the so-called zero hour in LokSabha, members give notice before 10 a.m. everyday to the Speaker statingclearly the subject which they consider to be important and wish to raise in theHouse. It is, of course, for the Speaker to allow or not allow raising of suchmatters in the House. The term ̀ zero hour' is not formally recognised inparliamentary procedures.

Calling AttentionNotice

A member with prior attention of the speaker may call the attention of a ministerto a matter of urgent public importance. the Minister may make a brief statementor ask for time to make a statement at a later hour or date. There can be nodebate on such a statement at the time it is made. The Calling Attentionprocedure is an Indian innovation. It combines asking a question with



supplementaries and making brief comments. In this procedure, Government getsadequate opportunity to state its case. The calling attention matter is not subjectto the vote of the House.

Short DurationDiscussions

Private members can also bring matters of urgent public importance to the noticeof the House. The notice must be signed by at least 3 members

Cut Motion Cut Motions to Demands for Grants.—Members may give notice of CutMotions for the reduction of the votable heads of expenditure of the Demands forGrants immediately after the Finance Minister or the Railway Minister as the casemay be, has presented the Budget in the House. Cut Motions are divided intofollowing three categories:—(i) Disapproval of Policy cut i.e., a motion "that the amount of the demand bereduced to Re. 1" representing disapproval of policy underlying the Demand. Amember giving notice of such a Cut Motion should indicate in precise terms, theparticulars of the policy which he proposes to discuss. If the Cut Motion isadmitted, the member should confine the discussion to the specific point or pointsmentioned in the notice and it is open to the member to advocate an alternativePolicy;(ii) Economy cut i.e., a motion "that the amount of the Demand be reduced by aspecific amount" representing the economy that can be effected. Such specifiedamount may either be a lump sum reduction in the Demand or reduction of anitem in the Demand. The member giving notice of such a cut motion shouldindicate briefly and precisely the particular matter on which discussion is soughtto be raised and if the notice is admitted speeches should be confined to thediscussion as to how economy can be effected; and(iii) Token cut i.e., a motion "that the amount of the Demand be reduced by Rs.100" in order to ventilate a specific grievance, which is within the sphere ofresponsibility of the Government of India. The discussion on such a cut motion, ifadmitted, should be confined to the particular grievance specified in the motion.

Censure Motion A motion which seeks to censure the government for its lapse. At least 50members support it & speaker should admit it. If the motion is passed in the LokSabha, the council of ministers have to resign.

No ConfidenceMotion

A motion moved by a member who expresses lack of confidence in thegovernment for any reason. The motion, if allowed is debated upon. At theconclusion of such debate, a vote of confidence is sought by the government & ifit fails to get the required majority of vote, it has to resign.

No Day Yet NamedMotion

The term 'Motion' in its wider sense means any proposal submitted to the Housefor obtaining its decision. Any matter of general public interest can be thesubject matter of a motion. If the Speaker admits notice of a motion and no dateis fixed for the discussion on such a motion, it is immediately notified in theBulletin Part II under the heading `No-Day-Yet-Named Motion'. The date andtime is allotted for discussion on such motions by the Speaker, in consultationwith the Leader of the House after taking into consideration the state of businessbefore the House.

By Elections To fill up the seat rendered vacant due to death.



Resolution & ItsTypes

A Resolution is the formal expression of opinion by the House. It may be in theform of a declaration of opinion, or a recommendationResolutions may be categorized as: Private Members' Resolutions, GovernmentResolutions and Statutory Resolutions. The Private Members Resolutions aremoved by a member (not a Minister); the Government Resolutions are moved byMinisters; and the Statutory Resolutions are moved in pursuance of a provisioncontained in the Constitution or an Act of Parliament.

Various BodiesNational IntegrationCouncil

The then Prime Minister, Shri Jawaharlal Nehru, convened National IntegrationConference in September-October, 1961 to find ways and means to combat theevils of communalism, casteism, regionalism, linguism and narrow-mindedness,and to formulate definite conclusions in order to give a lead to the country. ThisConference decided to set up a National Integration Council (NIC) to review allmatters pertaining to national integration and to make recommendations thereon.The NIC was constituted accordingly and held its first meeting in 1962.The UPA Government in Feb 2005 reconstituted the National Integration Council(NIC) under the chairmanship of the Prime Minister, Manmohan Singh. The 103-member NIC was constituted after a gap of 12 years having held its last meetingin 1992.Besides Union Ministers, Chief Ministers and political leaders, the NIC will haverepresentation from various categories such as national commissions, mediapersons, business, eminent public figures and women. The NIC will function as aforum for effective initiative and interaction on issues of national concern, reviewissues relating to national integration and make recommendations, according toan official release here.

State FinanceCommission

Article 243 I of the Indian Constitution prescribes that the Governor of a Stateshall, as soon as may be within one year from the commencement of theConstitution (Seventy-third Amendment) Act, 1992, and thereafter at theexpiration of every fifth year, constitute a Finance Commission to review thefinancial position of the Panchayats and to make recommendations to theGovernor as to

A. The principles which should govern1. The distribution between the State and the Panchayats of the net

proceeds of the taxes, duties, tolls and fees leviable by the State,which may be divided between them under this Part and theallocation between the Panchayats at all levels of their respectiveshares of such proceeds;

2. The determination of the taxes, duties, tolls and fees which may beassigned as, or appropriated by, the Panchayats;

3. The grants-in-aid to the Panchayats from the Consolidated Fund ofthe State;

B. The measures needed to improve the financial position of the Panchayats;



C. Any other matter referred to the Finance Commission by the Governor inthe interests of sound finance of the Panchayats.

Article 243Y of the Constitution further provides that the Finance Commissionconstituted under Article 243 I shall make similar recommendation vis-a-vismunicipalities. The Governor is required to cause every recommendation madeby the State Finance Commission together with an explanatory memorandum asto the action taken thereon to be laid before the Legislature of the State.

Law Commission ofIndia

First Law Commission of Independent India was established in 1955. Since theneighteen more Law Commissions have been appointed, each with a three-yearterm and with different terms of reference. The Eighteenth Law Commission wasconstituted through a Government order with effect from September 1, 2006. Itwill have a three-year term ending August 31, 2009. It is headed by Dr. Justice AR Lakshmanan, Former Judge Supreme Court of India & there are two othermembers.

Uniform Civil CodeArticle 44

Shah Bano Case: The Supreme Court first directed the Parliament to frame aUCC in the year 1985 in the case of Mohammad Ahmed Khan v. Shah BanoBegum, popularly known as the Shah Bano case. In this case, a penurious Muslimwoman claimed for maintenance from her husband under Section 125 of the Codeof Criminal Procedure after she was given triple talaq from him. The SupremeCourt held that the Muslim woman have a right to get maintenance from herhusband under Section 125. The Court also held that Article 44 of theConstitution has remained a dead letter.After this decision, nationwide discussions, meetings, and agitation were held.The then Rajiv Gandhi led Government overturned the Shah Bano case decisionby way of Muslim Women (Right to Protection on Divorce) Act, 1986 whichcurtailed the right of a Muslim woman for maintenance under Section 125 of theCode of Criminal Procedure. The explanation given for implementing this Actwas that the Supreme Court had merely made an observation for enacting theUCC, not binding on the government or the Parliament and that there should beno interference with the personal laws unless the demand comes from within.

Sarla Mudgal Vs Union of India: The second instance in which the SupremeCourt again directed the government of Article 44 was in the case of SarlaMudgal v. Union of India. In this case, the question was whether a Hinduhusband, married under the Hindu law, by embracing Islam, can solemnisesecond marriage The Court held that a Hindu marriage solemnised under theHindu law can only be dissolved on any of the grounds specified under the HinduMarriage Act, 1955. Conversion to Islam and Marrying again would not, byitself, dissolve the Hindu marriage under the Act. And, thus, a second marriagesolemnised after converting to Islam would be an offence under Section 494 of



the Indian Penal Code.

Conclusion:The section of the nation against the implementation of UCC contends that inideal times, in an ideal State, a UCC would be an ideal safeguard of citizens’rights. But India has moved much further from ideal than when the Constitutionwas written 50 years ago.But to conclude, I would like to say that citizens belonging to different religionsand denominations follow different property and matrimonial laws which is notonly an affront to the nation’s unity, but also makes one wonder whether we are asovereign secular republic or a loose confederation of feudal states, where peoplelive at the whims and fancies of mullahs, bishops and pundits.

Emergency Provisionsof the Constitution

National Emergency: The proclamation of emergency should be approved byboth houses within one month of the date of issue & passed by 2/3rd majorityotherwise ceases to operate in one month. Once it has been approved it remains inforce for a period of 6 months. The life of Lok Sabha can be extended upto oneyear at a time & up to the period not exceeding beyond six months after theproclamation ceases to operate. Fundamental rights except guaranteed in article20 & 21 cannot be suspended. Emergency was form 1962-68 & 1971-78.However according to 44th amendment, national emergency cannot be declaredon grounds of internal disturbances.

Emergency due to constitutional failure in state: Ceases to be in operationafter the expiry of two months unless approved by each house. After approvalvalid for 6 months. It can be extended by parliament for a further period of 6months. To extend further election commission should certify & still maximumperiod is 3 years. Declared more than 100 times, first time in Punjab. The courtcan strike down emergency if found unconstitutional & revive the dissolved stateassembly.

Financial Emergency: Remains in force for a period of 2 months unlessapproved. After approval 6 months. The maximum period is 3 years. Presidentcan reduce salary of judges of all courts & ask all money bills passed by statelegislature to be reserved.

Separation of Powers At both the Center and in the States, the powers of government are dividedbetween the Executive, the Legislature and the Judiciary. At the Center, theExecutive comprises the President, Vice-President and the Council of Ministers,headed by the Prime Minister. The Union Legislature (Parliament) has twohouses - the Lok Sabha (the lower house, elected by the people of India fromindividual, simple majority constituencies) and the Rajya Sabha (the upper house,elected by the State Legislatures who in turn are directly elected by the people onthe same lines as the Lok Sabha). The Judiciary is vested in the Supreme Court ofIndia

Basic Structure of The "Basic Structure" doctrine is the judge-made doctrine whereby certain



Constitution features of the Constitution of India are beyond the limit of the powers ofamendment of the Parliament of India. The doctrine which was first expresed inKesavananda Bharati vs. The State of Kerala reflects judicial concern at theperceived threat to the liberal constitutional order posed by the Indian NationalCongress, in particular under Indira Gandhi.

The Basic Structure doctrine applies only to the constitutionality of amendmentsand not to ordinary Acts of Parliament, which must conform to the entirety of theconstitution and not just its basic structure.

On April 24, 1973, the Supreme Court ruled in Kesavananda Bharati v State ofKerala that although the 25th Amendment of 1971 was constitutional, the courtstill reserved for itself the discretion to reject any constitutional amendmentspassed by Parliament by declaring that the amendments cannot change theconstitution's "basic structure".

The 42nd.amendment carried out by the Government in 1976 gave asserted thatparliament had unlimited powers to amend the constitution & tried to accordprecedence to Directive principles over fundamental rights. But in the MinervaMills Ltd Vs Union of India Case, 1980 the Supreme court struck down thoseprovisions

What constitutes Basic Structure of Constitution?

Chief Justice Sikri, writing for the majority, indicated that the Basic Structurewas:· The supremacy of the Constitution;· A Republican and democratic form of government;· The secular character of the Constitution;· Maintenance of the separation of powers;· The federal character of the Constitution.

Justices Shelat and Grover added three features to the Chief Justice's list:· The mandate to build a welfare state contained in the Directive Principles of

State Policy;· Maintenance of the unity and integrity of India;· The sovereignty of the country.

Justices Hegde and Mukherjea instead provided, in their opinion, a separateand shorter list:· The Sovereignty of India;· The democratic character of the polity;· The unity of the country;· Essential features of individual freedoms;



· The mandate to build a welfare state.

Justice Jaganmohan Reddy preferred to look at the Preamble; stating that thebasic features of the Constitution were laid out by that part of the document, andthus could be represented by:· A sovereign democratic republic;· The provision of social, economic and political justice;· Liberty of thought, expression, belief, faith and worship;· Equality of status and opportunity.

Legislativerelationship betweenLok Sabha and RajyaSabha

In legislative matters, Rajya Sabha enjoys almost equal powers with Lok Sabha,except in the case of Money Bills where the latter has overriding powers. SuchBills cannot be introduced in Rajya Sabha and are deemed to have been passed ifthese are not returned to Lok Sabha within fourteen days.

In the case of Bills, a disagreement between the two Houses may arise when aBill passed by one House is rejected by the other House; or the Houses havefinally disagreed as to the amendments to be made in the Bill; or more than sixmonths lapse from the date of the reception of the Bill by the other House withoutthe Bill being passed by it. A joint sitting of the Houses is convened for thispurpose. In the case of Money Bills, there is no question of a deadlock as theRajya Sabha has a limited say in such matters. There is no provision for a jointsitting in case of a deadlock over a Constitution Amendment Bill. It cannot bepassed if other House does not pass it. Only in case of non-money bills jointprovision of joint sitting is available.



Parts of the ConstitutionPart Articles Areas

I 1-4 The Union & its TerritoriesII 5-11 CitizenshipIII 12-35 Fundamental RightsIV 36-51 Directive Principles of State Policy

IV A 51A Fundamental Duties (42nd Amendment)V 52-151 The Union GovernmentVI 152-237 The State GovernmentVII 238 Dealt with states in Part B of the First Schedule. Repealed in 1956 by the

Seventh Amendment.VIII 239-241 Union Territories. Article 242 repealed.IX 243 A-O The Panchayats

IX-A 243 P-ZG The MuncipalitiesX 244-244 A The Scheduled & Tribal AreasXI 245-263 Relations between the Union & the StatesXII 264-300A Finance, Property, Contracts & SuitsXIII 301-307 Trade, Commerce & Intercouse within the territory of IndiaXIV 308-323 Services under the Union & the States

XIV A 323A-323B Administrative Tribunals (42nd Amendment 1976)XV 324-329 ElectionsXVI 330-342 Special Provisions (Reservations of SC, ST, Anglo Indian etc)XVII 343-351 Official LanguageXVIII 352-360 Emergency ProvisionsXIX 361-367 Miscellaneous Provisions (Immunity of President, Legislature etc)XX 368 Amendment of the ConstitutionXXI 369-392 Temporary, Transitional & Special ProvisionXXII 393-395 Short Title, Commencement, Authoritative

Schedules of the ConstitutionSchedule I Deals with territories of the 28 states & 7 union territoriesSchedule II Salaries allowances of president, V.P, Speaker, Judges, CAG etc.Schedule III Various forms of Oaths & affirmation which various incumbents have to take.Schedule IV Seats allotted to various states & UTs in the Rajya Sabha (Council of States)Schedule V Administration & Control of scheduled areas.



Schedule VI Administration of tribal areas in Assam, Meghalaya & MizoramSchedule VII Subjects in the three lists – Union, State & ConcurrentSchedule VIII List of 22 regional languagesSchedule IX Certain acts & regulations dealing with land reforms & zamidari system abolition.

(Added by I constitutional amendment).Schedule X Disqualifications on grounds of defection. (52nd Amendment)Schedule XI 29 subjects on which panchayats can legislate. (73rd Amendment)Schedule XII 18 subjects on which municipalities have control. (74th Amendment)

Indian Constitution Borrowed Features1. British Constitution Parliamentary form of Government, Rule of Law, Law making

procedure, Single Citizenship; Institution of Speaker, doctrine ofpleasure tenure of civil servants.

2. American Constitution Judicial System, Fundamental Rights, President as Executive Head,Public Interest Litigation (PIL), Preamble

3. Canadian Constitution Federal System with a strong central authority; Residual powers,Centre State Relation.

4. Irish Constitution Directive Principles, Election of the President of India, Nominationof Rajya Sabha members by President.

5. Australian Constitution Concurrent list; Freedom of Trade & Service within country6. Weimar Constitution Emergency Provision7. Soviet Constitution Five Year Plans; Fundamental duties8. Govt of India Act 1935 Office of the governor, powers of the federal jury.9. South African Amendment of Constitution, Election of members of Rajya Sabha10. French Constitution Republic11. Japanese Constitution Fundamental Duties.

Important Cases of the Constitution1. Berubari Case Preamble not a part of the constitution2. Golaknath Case

1967Supreme court held that the Parliament had no power to amend any of theprovisions of Part III (Fundamental rights) The Indira Gandhi governmentin 1971 carried out the 24th Amendment with a view to assert the right ofthe parliament to amend any part of the constitution.

3. Keshvanada BhartiCase

Preamble was a part of the constitution & can be amended by Parliamentunder Article 368. Parliament can also amend the fundamental rights(Against Golaknath case) but ruled that the parliament cannot destroy thebasic structure of the constitution.

4. Minerval Mills Case1980

The 42nd.amendment carried out in 1976 gave asserted that parliament hadunlimited powers to amend the constitution & tried to accord precedence toDirective principles over fundamental rights. But in the Minerva Mills



Case the Supreme court struck down those provisions5. Maneka Gandhi Vs

Union of IndiaRight to live is not merely confined to physical existence but includeswithin its ambit the right to live with human dignity

PreambleWe, the people of India, having solemnly resolved to constitute India into a Sovereign socialist seculardemocratic 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 allFraternity 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 toourselves this constitution.* Italicized word added by 42nd amendment

Various Political/Non Political Offices of IndiaPresident Name proposed by 50 electors & security deposit of Rs 15000. Disputes in

connection with the election of President are decided by Supreme Court. Oath byChief justice of India. MLAs & members of both house of the parliament vote in theelection. The president submits his resignation to the Vice President. Impeachmentcan be initiated by either house of parliament (2/3 majority). Nominated members canalso participate but they do not participate in the election of president. MLAs do notparticipate in impeachment. In case the office becomes vacant fresh elections within6 months. The president enjoys suspensive veto powers & it applies only to the nonmoney bills. With regards to constitutional amendments president has no vetopowers. President can promulgate ordinances when the parliament is in recess onlyon matters in the union & concurrent list. The ordinances must be approved byparliament within 6 weeks. All money bills originate on the recommendation of thePresident. Appoints finance commission. If there is no party with clear cut majoritythe president can use his discretion. He cannot declare any emergency on his own.Can summon both houses separately.

Vice President Name seconded by at least 25 members & security deposit of 15,000. More than 35years of age. Elected by the members of Lok Sabha & Rajya Sabha at a joint meeting.Oath before the president or some other person appointed by him. Can act aspresident for a maximum 6 months period. Not a member of Rajya sabha only an ex-officio chairman. Removed by simple majority of Rajya Sabha & approved by LokSabha. Only Rajya Sabha can initiate removal process.

Prime Minister Gets the same salary & allowances as MPs but additional sumptuary allowance of3000 per month. If the prime minister is taken from Rajya Sabha he cannot part invoting when a vote of no confidence is under consideration. In the event of his deaththe council of ministers stand automatically dissolved.

Deputy PM Position not known to the constitution although 7 persons have occupies this post.



Vallabhbhai Patel, Morarji Desai, Charan Singh, Jagjivan Ram, Y.B Chavan, DeviLal & L. K. Advani have served the office.

Council ofMinisters

Should be a member of either house or do so within 6 months. Vote of no confidenceagainst any minister leads to resignation of entire council. The cabinet, state & deputyministers get sumptuary allowance of 2000, 1000 & 600 respectively. Present thebudget before the parliament. Collectively responsible to parliament but individualministers responsible to President.

Lok Sabha Strength of Lok Sabha fixed at 543 plus 2 nominated members of Anglo-Indiancommunity in 1976. Minimum 25 years of age. The security deposit has beenincreased from Rs 500 to Rs 10,000. In case of SC/ST it has been increased from Rs250 to Rs 5000. 10 electors should propose. No candidate can contest elections frommore than 2 constituencies. Oath before president or some person appointed by him.Can vacant seat by writing to speaker. Seat vacant if absents from meetings for 60days without intimation. The speaker continues in the house even after the dissolutionof the Lok Sabha till a newly elected Lok Sabha meets. MPs are entitled to a monthlysalary of Rs 12000 & pension of 3000 which increases according to the number ofyears served. The joint session is called if a bill passed is rejected by other house orno action is taken. Speaker presides over joint sessions.

Rajya Sabha 238 elected & 12 nominated. Minimum 30 years of age. Elected by members of statelegislative assemblies on the basis of proportional representation through a singletransferable vote. It is not subjected to dissolution. In the event of dissolution of LokSabha, any bill pendin in the Rajya Sabha but not passed by Lok Sabha does notlapse.

Supreme CourtJudge

5 years as high court judge or 10 years as advocate. Hold office till the age of 65.Address their resignation to president. The salaries of chief justice & other judges are33000 & 30,000 respectively. Impeachment requires 2/3rd majority in the two housesof the parliament. Original Jurisdiction (Centre-state & fundamental rights),Appellate jurisdiction (Only if high court certifies or the high court has awardeddeath sentence after reversing judgement or after withdrawing case from lower court& Advisory jurisdiction.

Governor Oath before chief justice of high court of that state. 35 years of age. Draws36000.Adresses first session of state legislature after elections. Appoint one sixthmembers of legislative council. Nominates one member of Anglo Indian communityto the legislative assembly. Makes laws through ordinances. Can grant pardon but notin case of death sentence. Reserve a bill for president’s consideration. He is permittedto act without the advice of the council of ministers unlike president. Ordinanceissued by him remains in force for a maximum 6 months. The constitution does notcontain any provision for his impeachment.

AdvocateGeneral

Person who is qualified to be a judge of the high court. Remunerations as thegovernor may determine.

LegislativeAssembly

60 to 500 members according to population but Sikkim has only 32 members. 25years of age. Goa, Mizoram, Pondicherry have only 30 members.

LegislativeCouncil

Its members are elected by legislative assembly (1/3rd) local bodies (1/3rd), teachers(1/12th), university graduates (1/12th) & nominated by governor (1/6th). The



maximum membership can be 1/3rd that of Legislative Assembly but in no case lessthan 40 members. 30 years of age. The legislative council can delay an ordinary billfor 3 months & a money bill for 14 days. There is no provision for joint sitting here.

High Court To become a judge – advocate for 10 years or held judicial office in Indian Territoryfor a period of at least 10 years. 62 years of age. Chief justice gets 30,000 & otherjudges 26000. The pension of the high court judges is charged to the Consolidatedfund of India.

AdministrativeTribunals

Incorporated by 42nd amendment through addition of articles 323A & 323B. CAT islocated at Delhi. The retirement of chairman & VC at 65 & others at 62. The decisionof CAT can be challenged in a high court.

Inter StateCouncil

Created on the recommendations of the Sarkaria commission although constitutionprovided for it. Appointed by president. Advises on disputes between various states.Comprises of PM & CMs of all states & UTs. PM can nominate 6 ministers ofcabinet rank. Meets atleast 3 times a year.

Zonal Council Set up under state reorganization act 1956. 5 before & 6th added in 1972 called NEcouncil. Consists of Union minister nominated by president, CM of each state in thezone, two ministers from each state nominated by governor & one member per UT.Union Home Minister heads the zonal council. The Chief Ministers of the memberstates hold the post of Vice Chairman of the Council by rotation for 1 year.

UPSC Chairman & 8 members. Members appointed for a 6 year term or till they attain 65years of age. President can issue orders for the removal of the members of the UPSConly after supreme court makes such recommendation on the basis of an enquiry.Members not eligible for employment by the government after retirement. The statecan restrict the fundamental rights of civil servants.

Comptroller &AuditorGeneral

6 years or till the age of 65 years. The president can remove CAG only afterrecommendation of the two houses of parliament. Salary of 30,000. He only conductsaudit. Submits report to President who in turn places it before parliament.

AttorneyGeneral

Qualification same as judge of supreme court. Appears before supreme court &various high courts involving the Government of India.

ElectionCommission

Two commissioners with equivalent power. Period of 6 years. Job also includesdelimitation of constituency to ensure same number of people in each. The electioncommission of India appoints the ‘Returning officers’ for the state assembly electionsto help conduct fair elections. Election of local bodies comes under state electioncommission. The state election commission is a single member commissioncomprising SEC.

FinanceCommission(Art. 280)

Qualified to be appointed as judges of the high court or special knowledge of finance& accounts of government. Comprises chairman & four other members. Functions:-recommend distribution of taxes between centre & states, grant-in-aid to states,advice president on any matter.

PlanningCommission

Non-statutory body which formulates 5 year plans. The Commission works throughits various divisions, of which there are three kind: General Planning Divisions,Special Planning Divisions, Programme Administration Divisions

NDC Extra constitutional & extra legal body. Its recommendations are binding in nature asper convention



Minoritiescommission

Seven members. The states of M.P, Orissa & Bihar are obliged to appoint a separateminister the welfare of SC/ST/OBC.

Panchayat Panchayat is responsible to gram sabha, the general body of villagers comprising alladults. Members usually range from 5 to 31. Members have same requirements asMLAs except lower age of 21. Can legislate on 29 subjects which are listed in XIschedule

PanchayatSamiti

Genearlly comprises of the sarpanches of village panchayats under the block. Itschairman called ‘Pradhan’ is elected from among its members. Responsible to grampanchayat as well as gram sabhas. Gets a share of cess of land revenue from the grampanchayat & Zilla Parishad

Zila Parishad Consists of representatives of panchayat samiti, local members of state legislature,members of parliament, members representing SC/ST/Women/cooperative bodies.Zilla parishad elects its chairman called ‘Pradhan’ form amongst its members.Depends entirely on state government for grants.

Constitution of India (Upto Part IV)Part I The Union and its TerritoryArticle 1 Name and territory of the UnionArticle 2 Admission or establishment of new StatesArticle 2a [Repealed] Sikkim to be associated with the UnionArticle 3 Formation of new States and alteration of areas, boundaries or names of existing StatesArticle 4 Laws made under articles 2 and 3 to provide for the amendment of the First and the

Fourth Schedule and supplemental, incidental and consequential mattersPart II CitizenshipArticle 5 Citizenship at the commencement of the ConstitutionArticle 6 Rights of citizenship of certain persons who have migrated to India from PakistanArticle 7 Rights of citizenship of certain migrants to Pakistan



Article 8 Rights of citizenship of certain persons of Indian origin residing outside IndiaArticle 9 Persons voluntarily acquiring citizenship of a foreign State not to be citizensArticle 10 Continuance of the rights of citizenshipArticle 11 Parliament to regulate the right of citizenship by lawPart III Fundamental RightsArticle 12 DefinitionArticle 13 Laws inconsistent with or in derogation of the fundamental rightsArticle 14 Equality before law meaning ‘equality of treatment within a class’Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of

birth(1) The State shall not discriminate against any citizen on grounds only of religion, race,caste, sex, place of birth or any of them.(2) No citizen shall, on ground only of religion, race, caste, sex, place of birth or any ofthem, 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 maintainedwhole or partly out of State funds or dedicated to the use of general public.(3) Nothing in this article shall prevent the State from making any special provision forwomen and children.(4) Nothing in this article or in clause (2) or article 29 shall prevent the State frommaking any special provision for the advancement of any socially and educationallybackward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

Article 16 Equality of opportunity in matters of public employment1) There shall be equality of opportunity for all citizens in matters relating toemployment or appointment to any office under the State.(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth,residence or any of them, be ineligible for, or discriminated against in respect of, anyemployment or office under the State.(3) Nothing in this article shall prevent Parliament from making any law prescribing, inregard to a class or classes of employment or appointment to an office under theGovernment of, or any local or other authority within, a State or Union territory, anyrequirement as to residence within that State or Union territory prior to suchemployment or appointment.(4) Nothing in this article shall prevent the State from making any provision for thereservation of appointments or posts in favour of any backward class of citizens which,in the opinion of the State, is not adequately represented in the services under the State.(4A) Nothing in this article shall prevent the State from making any provision forreservation in matters of promotion to any class or classes of posts in the services underthe State in favour of the Scheduled Castes and the Scheduled Tribes which, in theopinion of the State, are not adequately represented in the services under the State.(5) Nothing in this article shall affect the operation of any law which provides that theincumbent of an office in connection with the affairs of any religious or denominationalinstitution or any member of the governing body thereof shall be a person professing aparticular religion or belonging to a particular denomination.



Article 17 Abolition of UntouchabilityArticle 18 Abolition of titlesArticle 19 Protection of certain rights regarding freedom of speech, etc.

a. Freedom of Speech & Expressionb. Assemble Peacefully & without armsc. To form Associations & Unions.d. To move freely throughout the territory of Indiae. To reside & settle in any part of the territory in Indiaf. To practice any profession or to carry out an trade, occupation & business.

Article 20 Protection in respect of conviction for offensesArticle 21 Protection of life and personal libertyArticle 21A Right to education.Article 22 Protection against arrest and detention in certain casesArticle 23 Prohibition of traffic in human beings and forced labourArticle 24 Prohibition of employment of children in factories, etc.Article 25 Freedom of conscience and free profession, practice and propagation of religionArticle 26 Freedom to manage religious affairsArticle 27 Freedom as to payment of taxes for promotion of any particular religionArticle 28 Freedom as to attendance at religious instruction or religious worship in certain

educational institutionsArticle 29 Protection of interests of minoritiesArticle 30 Right of minorities to establish and administer educational institutionsArticle 31 [Repealed] Compulsory acquisition of propertyArticle 31A Saving of laws providing for acquisition of estates, etc.Article 31B Validation of certain Acts and RegulationsArticle 31C Saving of laws giving effect to certain directive principlesArticle 31D [Repealed] Saving of laws in respect of anti-national activitiesArticle 32 Remedies for enforcement of rights conferred by this PartArticle 32A [Repealed]Article 33 Power of Parliament to modify the rights conferred by this Part in their application to

Forces, etc.Article 34 Restriction on rights conferred by this Part while marital law is in force in any areaArticle 35 Legislation to give effect to the provisions of this PartPart IV Directive Principles of State PolicyArticle 36 DefinitionArticle 37 Application of the principles contained in this PartArticle 38 State to secure a social order for the promotion of welfare of the peopleArticle 39 Certain principles of policy to be followed by the StateArticle 39A A Equal justice and free legal aidArticle 40 Organisation of village panchayatsArticle 41 Right to work, to education and to public assistance in certain casesArticle 42 Provision for just and humane conditions of work and maternity reliefArticle 43 Living wage, etc., for workers



Article 43A Participation of workers in management of industriesArticle 44 Uniform civil code for the citizenArticle 45 Provision for free and compulsory education for childrenArticle 46 Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes

and other weaker sectionsArticle 47 Duty of the State to raise the level of nutrition and the standard of living and to improve

public healthArticle 48 Organisation of agriculture and animal husbandryArticle 48A Protection and improvement of environment and safeguarding of forests and wild lifeArticle 49 Protection of monuments and places and objects of national importanceArticle 50 Separation of judiciary from executiveArticle 51 Promotion of international peace and securityArticle 51A Fundamental Duties

Art 39 (b) &(c) ofDirectivePrincipleshaveprimacy overFundamentalRights.

Article 39 Certain principles of policy to be followed by the StateThe State shall, in particular, direct its policy towards securing -(a) that the citizen, men and women equally, have the right to an adequate means oflivelihood;(b) that the ownership and control of the material resources of the community are sodistributed as best to subserve the common good;(c) that the operation of the economic system does not result in the concentration ofwealth and means of production to the common detriment;(d) that there is equal pay for equal work for both men and women;(e) that the health and strength of workers, men and women,and the tender age of children are not abused and that citizens are not forced by economicnecessity to enter avocations unsuited to their age or strength;(f) that children are given opportunities and facilities to develop in a healthy manner andin conditions of freedom and dignity and that childhood and youth are protected againstexploitation and against moral and material abandonment.

Scope ofArticle 331

Representation of the Anglo-Indian community in the House of the PeopleNotwithstanding anything in article 81, the President may, if he is of opinion that theAnglo-Indian community is not adequately represented in the House of the People,nominate not more than two members of that community to the House of the People.



Parliamentary Committees1. Business Advisory Committee 15 members. Speaker is chairman2. Committee on Private

Members Bills & Resolutions15 members. Deputy Chairman is chairman. Classifies billsaccording to importance.

3. Select Committees Constituted for considering different bills.4. Committee on Petitions 15 members.5. Rules Committee 15 members. Speaker is head. Rules of House6. Committee on Privileges 15 members. Violation of Privileges of M.P7. Committee on Subordinate

Legislations8. Committee on Welfare of

Scheduled Castes & ScheduledTribes

30 Members. 20 M.Ps & 10 R.S.

9. Committee on GovernmentAssurances

15 members. How far assurances given by the ministers have beenimplemented

10. Committee on Absence ofMembers

Examines leave applications of members

11. Estimates Committee 30 members all of which are from Lok Sabha. Examines AnnualEstimates & suggests alternative policies. A Minister is noteligible for election to this Committee. The term of the Committeeis one year. The main function of the Committee on Estimates is toreport what economies, improvements in organisation, efficiency,or administrative reform, consistent with the policy underlying theestimates may be effected and to suggest alternative policies inorder to bring about efficiency and economy in administration.From time to time the Committee selects such of the estimatespertaining to a Ministry or a group of Ministries or the statutoryand other Government bodies as may seem fit to the Committee.The Committee also examines matters of special interest whichmay arise or come to light in the course of its work or which arespecifically referred to it by the House or the Speaker.

12. Public Accounts Committee 22 members. 15 M.Ps & 7 R.S. Assisted by Comptroller &Auditor general. It acts as a watch dog of expenditure. Thiscommittee is headed by the member of the opposition byconvention. A Minister is not eligible for election to thisCommittee. The term of the Committee is one year.The main duty of the Committee is to ascertain whether the moneygranted by Parliament has been spent by Government "within thescope of the Demand". The Appropriation Accounts of theGovernment of India and the Audit Reports presented by theComptroller and Auditor General mainly form the basis for theexamination of the Committee. Cases involving losses, nugatoryexpenditure and financial irregularities come in for severe



criticism by the Committee. The Committee is not concerned withquestions of policy. It is concerned only with the execution of thepolicy laid down by Parliament and its results.

13. Committee on PublicUndertakings

22 members. 10 M.Ps from Lok Sabha & 7 R.S. Examinesworking of public undertakings. A Minister is not eligible forelection to this Committee. The term of the Committee is one year.

The functions of the Committee on Public Undertakings are—(a)to examine the reports and accounts of Public Undertakings; (b) toexamine the reports, if any, of the Comptroller and AuditorGeneral on the Public Undertakings; (c) to examine in the contextof the autonomy and efficiency of the Public Undertakingswhether the affairs of the Public Undertakings are being managedin accordance with sound business principles and prudentcommercial practices; and (d) such other functions vested in theCommittee on Public Accounts and the Committee on Estimates inrelation to the Public Undertakings as are not covered by clauses(a), (b) and (c) above and as may be allotted to the Committee bythe Speaker from time to time. The Committee does not, however,examine matters of major Government policy and matters of day-to-day administration of the Undertakings.

14. Ethics Committee In 1997, the Ethics Committee of the Rajya Sabha was constituted.The Ethics Committee of the Lok Sabha was constituted on 16May 2000. The ethics committee of the Lok Sabha comprises 15members.· The formation of the Ethics Committee in Rajya Sabha, as

one of the instruments to ensure value based politics may,therefore, be seen a step in that direction.

· Moral and ethical conduct of the Members· The Committee does not favour the idea of subjecting the

Members to the disciplinary authority of an agency outsidethe jurisdiction of the House.

· It is the considered view of the Committee that it shouldbe made compulsory for the Members to declare their assetsand liabilities and those of their immediate family whichincludes spouse, dependent daughters and dependent sonsbefore the Committee

15. Joint Committee on Salaries &Allowances

15 members. 10 nominated by speaker & 5 by the chairman ofRajya Sabha.

16. Joint Committee on Offices of 15 members. 10 L.S & 5 R.S.



Profit17. Parliamentary Subject

Committees17 parliamentary committees were constituted. 11 by Speaker &6 by chairman of Rajya Sabha

ListsUnion List (99) Defence, Foreign affaris, currency, banking, communication, inter-state

trade, commerce, atomic energy, railways, highways, aerodromes.[Originally 97 items – one deleted, 3 added]

State List (61) Health, sanitation, public order, agriculture, prisons, local government,liquor, transportation, relief of disabled, sales tax & octroi, taxes onentertainment & wealth. [Originally 66 items out of which 5 transferred toconcurrent list].

Concurrent list (52) Criminal law, electricity, factories, forests, education, marriage & divorce,drugs, newspapers, books & printing press, social insurance, trade unions,preventive detention, stamp duties. [Originally 47 but 5 items transferred tothis list from state list]

Commissions/committees & their Purpose1. S.K Dhar committee Reorganization of states on linguistic basis2. JVP committee Jawahar, Vallabh, Pattabhi Sitaramayya (same as above)3. Shah Commission Punjab Reorganization Act4. Tarkunde Committee Electoral Reforms. Voting age to be reduced to 18 years (61st

amendment). Voter councils to be formed.5. Dinesh Goswami

CommitteElectoral Reforms. To save the security candidates should secureat least 1/4th of valid votes.

6. Balwant Rai Mehta Recommendations approved by NDC. Rajasthan first adopted 3tier structure, followed by Andhra Pradesh & Bihar.

7. Ashok Mehta Committee Working of panchayati raj institutions.8. L.M Singhvi Committee Panchayati Raj Reforms.9. Rajamannar Commission Recommended abolition of IAS & the IPS

Select Political Doctrines & PrinciplesThe Doctrine OfColourability,

Idea that when the legislature wants to do something that it cannot dowithin the constraints of the constitution, it colours the law with asubstitute purpose which will still allow it to accomplish its original goal.

Pith And Substance Interpretation used to determine under which head of power a given pieceof legislation falls. The doctrine is primarily used when a law is

http://en.wikipedia.org/wiki/Canadian_federalism



challenged on the basis that one level of government (be it provincial orfederal) has encroached upon the exclusive jurisdiction of another level ofgovernment.

Doctrine of Severability Associated with declaration of law as unconstitutional & void by thecourts.

Principle of HarmoniousConstruction

Concerned with the relationship between the fundamental rights & thedirective principles.

Topics to be covered from hereState ElectionCommission

The 73rd & 74th Amendment act provide for an EC for each state for holding elections tothe panchayats & municipalities. A SEC consists of a single member called StateElection Commissioner who is appointed by the governor. He is removed in manner, ajudge of HC is removed.



Annexure - IOther Articles of the Constitution

Part V The UnionChapter I The Executive – The President & the Vice PresidentArticle 52 The President of IndiaArticle 53 Executive power of the UnionArticle 54 Election of PresidentArticle 55 Manner of election of PresidentArticle 56 Term of office of PresidentArticle 57 Eligibility for re-electionArticle 58 Qualifications for election as PresidentArticle 59 Conditions of President's officeArticle 60 Oath or affirmation by the PresidentArticle 61 Procedure for impeachment of the PresidentArticle 62 Time of holding election to fill vacancy in the office of resident and the term of office

or person elected to fill casual vacancyArticle 63 The Vice-President Of IndiaArticle 64 The Vice-President to be ex-officio Chairman of the Council of StatesArticle 65 The Vice-President to act as President or to discharge his functions during casual

vacancies in the office, or during the absence, of PresidentArticle 66 Election of Vice-PresidentArticle 67 Term of office of Vice-PresidentArticle 68 Time of holding election to fill vacancy in the office of Vice-President and the term



of office of person elected to fill casual vacancyArticle 69 Oath or affirmation by the Vice-PresidentArticle 70 Discharge of President's functions in other contingenciesArticle 71 Matters relating to, or connected with, the election of a President or Vice-PresidentArticle 72 Power of President to grant pardons, etc., and to suspend, remit or commute sentences

in certain casesArticle 73 Extent of executive power of the Union

Council of MinistersArticle 74 Council of Ministers to aid and advise PresidentArticle 75 Other provisions as to Ministers

Attorney General of IndiaArticle 76 Attorney-General for India

Conduct of Government BusinessArticle 77 Conduct of business of the Government of IndiaArticle 78 Duties of Prime Minister as respects the furnishing of information to the President,

etc.Chapter II Parliament

Article 79 Constitution of ParliamentArticle 80 Composition of the Council of States -Article 81 Composition of the House of the PeopleArticle 82 Readjustment after each censusArticle 83 Duration of Houses of ParliamentArticle 84 Qualification for membership of ParliamentArticle 85 Sessions of Parliament, prorogation and dissolutionArticle 86 Right of President to address and send messages to HousesArticle 87 Special address by the PresidentArticle 88 Rights of Ministers and Attorney-General as respects Houses

Officers of the PaliamentArticle 89 The Chairman and Deputy Chairman of the Council of StatesArticle 90 Vacation and resignation of, and removal from, the office of Deputy ChairmanArticle 91 Power of the Deputy Chairman or other person to perform the duties of the office of,

or to act as, ChairmanArticle 92 The Chairman or the Deputy Chairman not to preside while a resolution for his

removal from office is under considerationArticle 93 The Speaker and Deputy Speaker of the House of the PeopleArticle 94 Vacation and resignation of, and removal from, the offices of Speaker and Deputy

SpeakerArticle 95 Power of the Deputy Speaker or other person to perform the duties of the office of, or

to act as SpeakerArticle 96 The Speaker or the Deputy Speaker not to preside while a resolution for his removal

from office is under considerationArticle 97 Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and

Deputy Speaker



Article 98 Secretariat of ParliamentConduct of Business

Article 99 Oath or affirmation by membersArticle 100 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

Disqualification of MembersArticle 101 Vacation of seatsArticle 102 Disqualifications for membershipArticle 103 Decision on questions as to disqualifications of membersArticle 104 Penalty for sitting and voting before making oath or affirmation under article 99 or

when not qualified or when disqualifiedPowers, Privileges & Immunities of Parliament & its Members

Article 105 Powers, Privileges, etc., of the Houses of Parliament and of the members andcommittees thereof

Article 106 Salaries and allowances of membersLegislative Procedure

Article 107 Provisions as to introduction and passing of BillsArticle 108 Joint sitting of both Houses in certain casesArticle 109 Special procedure in respect of Money BillsArticle 110 Definition of "Money Bills"Article 111 Assent to Bills

Procedure in Financial MattersArticle 112 Annual financial statementArticle 113 Procedure in Parliament with respect to estimates (1) So much of the estimates as

relates to expenditure charged upon the Consolidated Fund of India shall not besubmitted to the vote of Parliament, but nothing in this clause shall be construed aspreventing the discussion in either House of Parliament of any of those estimates.

Article 114 Appropriation BillsArticle 115 Supplementary, additional or excess grantsArticle 116 Votes on account, votes of credit and exceptional grantsArticle 117 Special provisions as to financial BillsArticle 118 Rules of procedure

Procedure GenerallyArticle 119 Regulation by law of procedure in Parliament in relation to financial businessArticle 120 Language to be used in ParliamentArticle 121 Restriction on discussion in ParliamentArticle 122 Courts not inquire into proceedings of ParliamentChapter III Legislative Powers of the PresidentArticle 123 Power of President to promulgate Ordinances during recess of ParliamentChapter IV The Union JudiciaryArticle 124 Establishment and Constitution of Supreme CourtArticle 125 Salaries, etc., of JudgesArticle 126 Appointment of acting Chief JusticeArticle 127 Appointment of ad hoc Judges



Article 128 Attendance of retired Judges at sittings of the Supreme CourtArticle 129 Supreme Court to be a court of recordArticle 130 Seat of Supreme CourtArticle 131 Original jurisdiction of the Supreme CourtArticle 131A [Repealed] Executive jurisdiction of the Supreme Court in regard to questions as to

constitutional validity of Central lawsArticle 132 Appellate jurisdiction of Supreme Court in appeals from High Court in certain casesArticle 133 Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to

civil mattersArticle 134 Appellate jurisdiction of Supreme Court in regard to criminal mattersArticle 134A Certificate for appeal to the Supreme CourtArticle 135 Jurisdiction and powers of the Federal Court under existing law to be exercisable by

the Supreme CourtArticle 136 Special leave to appeal by the Supreme CourtArticle 137 Review of judgements or orders by the Supreme CourtArticle 138 Enlargement of the jurisdiction of the Supreme CourtArticle 139 Conferment on the Supreme Court of powers to issue certain writsArticle 139A Transfer of certain casesArticle 140 Ancillary powers of Supreme CourtArticle 141 Law declared by Supreme Court to be binding on all courtsArticle 142 Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.Article 143 Power of President to consult Supreme CourtArticle 144 Civil and judicial authorities to act in aid of the Supreme CourtArticle 144A [Repealed]Article 145 Rules of Court, etc.Article 146A Officers and servants and the expenses of the Supreme CourtArticle 147 InterpretationChapter V Comptroller and Auditor-General of IndiaArticle 148 Comptroller and Auditor-General of IndiaArticle 149 Duties and powers of the Comptroller and Auditor-GeneralArticle 150 Form of accounts of the Union and of the StatesArticle 151 Audit reportsPart VI The StatesChapter I GeneralArticle 152 DefinitionChapter II The Executive – The GovernorArticle 153 Governors of StatesArticle 154 Executive power of StateArticle 155 Appointment of GovernorArticle 156 Term of office of GovernorArticle 157 Qualifications for appointment as GovernorArticle 158 Conditions of Governor's officeArticle 159 Oath or affirmation by the Governor



Article 160 Discharge of the functions of the Governor in certain contingenciesArticle 161 Power of Governor to grant pardons, etc., and to suspend, remit or commute

sentences in certain casesArticle 162 Extent of executive power of State

Council of MinistersArticle 163 Council of Ministers to aid and advise GovernorArticle 164 Other provisions as to Ministers

Advocate General of the StateArticle 165 Advocate-General for the State

Conduct of Government BusinessArticle 166 Conduct of business of the Government of a StateArticle 167 Duties of Chief Minister as respects the furnishing of information to Governor, etc.Chapter III The State LegislatureArticle 168 Constitution of Legislatures in StatesArticle 169 Abolition or creation of Legislative Councils in StatesArticle 170 Composition of the Legislative AssembliesArticle 171 Composition of the Legislative CouncilArticle 172 Duration of States LegislaturesArticle 173 Qualification for membership of the State LegislatureArticle 174 Sessions of the State Legislature, prorogation and dissolutionArticle 175 Right of Governor to address and send messages to the House or HousesArticle 176 Special address by the GovernorArticle 177 Rights of Ministers and Advocate

Officers of the State LegislatureArticle 178 The Speaker and Deputy Speaker of the Legislative AssemblyArticle 179 Vacation and resignation of, and removal from, the offices of Speaker and Deputy

SpeakerArticle 180 Power of the Deputy Speaker or other person to perform the duties of the office of, or

to act as, SpeakerArticle 181 The Speaker or the Deputy Speaker not to preside while a resolution for his removal

from office is under considerationArticle 182 The Chairman and Deputy Chairman of the Legislative CouncilArticle 183 Vacation and resignation, of and removal from, the offices of Chairman and Deputy

ChairmanArticle 184 Power of the Deputy Chairman or other person to perform the duties of the office of,

or to act as, ChairmanArticle 185 The Chairman or the Deputy Chairman not to preside while a resolution for his

removal from office is under considerationArticle 186 Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and

Deputy ChairmanArticle 187 Secretariat of State LegislatureArticle 188 Oath or affirmation by members

Conduct of Business



Article 189 Voting in Houses, power of Houses to act notwithstanding vacancies and quorumArticle 190 Vacation of seats

Disqualification of MembersArticle 191 Disqualification for membershipArticle 192 Decision on question as to disqualifications of membersArticle 193 Penalty for sitting and voting before making oath or affirmation under article 188 or

when not qualified or when disqualifiedPower, Privileges & Immunities of State Legislatures & their Members

Article 194 Powers, privileges, etc., of the Houses of Legislatures and of the members andcommittees thereof

Article 195 Salaries and allowances of membersLegislative Procedure

Article 196 Provisions as to introduction and passing of BillsArticle 197 Restriction on powers of Legislative Council as to Bills other than Money BillsArticle 198 Special procedure in respect of Money BillsArticle 199 Definition of "Money Bills"Article 200 Assent to BillsArticle 201 Bills reserved for consideration

Procedure in Financial MattersArticle 202 Annual financial statementArticle 203 Procedure in Legislature with respect to estimatesArticle 204 Appropriation BillsArticle 205 Supplementary, additional or excess grantsArticle 206 Votes on account, votes of credit and exceptional grantsArticle 207 Special provisions as to financial Bills

Procedure GenerallyArticle 208 Rules of procedureArticle 209 Regulation by law of procedure in the Legislature of the State in relation to financial

businessArticle 210 Language to be used in the LegislatureArticle 211 Restriction on discussion in the LegislatureArticle 212 Courts not to inquire into proceedings of the LegislatureChapter IV Legislative Power of the GovernorArticle 213 Power of Governor to promulgate Ordinances during recess of LegislatureChapter V The High Courts in the StatesArticle 214 High Courts for StatesArticle 215 High Courts to be courts of recordArticle 216 Constitution of High CourtsArticle 217 Appointment and conditions of the office of a Judge of a High CourtArticle 218 Application of certain provisions relating to Supreme Court to High CourtsArticle 219 Oath or affirmation by Judges of High CourtsArticle 220 Restriction on practice after being a permanent JudgeArticle 221 Salaries, etc., of Judges



Article 222 Transfer of a Judge from one High Court to anotherArticle 223 Appointment of acting Chief JusticeArticle 224 Appointment of additional and acting JudgesArticle 224A Appointment of retired Judges at sittings of High CourtsArticle 225 Jurisdiction of existing High CourtsArticle 226 Power of High Courts to issue certain writsArticle 226A [Repealed] Constitutional validity of Central laws not to be considered in

proceedings under article 226Article 227 Power of superintendence over all courts by the High CourtArticle 228 Transfer of certain cases to High CourtArticle 228A [Repealed] Special provisions as to disposal of questions relating to constitutional

validity of State lawsArticle 229 Officers and servants and the expenses of High CourtsArticle 230 Extension of jurisdiction of High Courts to Union territoriesArticle 231 Establishment of a common High Court for two or more StatesChapter VI Subordinate CourtsArticle 233 Appointment of district judgesArticle 233A Validation of appointments of, and judgments, etc. delivered by, certain district

judgesArticle 234 Recruitment of persons other than district judges to the judicial serviceArticle 235 Control over subordinate courtsArticle 236 InterpretationArticle 237 Application of the provisions of this Chapter to certain class or classes of magistratesPart VII [Repealed] The States in Part B of the First SchedulePart VIII The Union TerritoriesArticle 239 Administration of Union territoriesArticle 239A Creation of local Legislatures or Council of Ministers or both for certain Union

territoriesArticle 239AA Special provisions with respect to DelhiArticle 239AB Provision in case of failure of constitutional monarchyArticle 239B Power of administrator to promulgate Ordinances during recess of LegislatureArticle 240 Power of President to make regulations for certain Union territoriesArticle 241 High Courts for Union territoriesArticle 242 [Repealed]Part IX The PanchayatsArticle 243 DefinitionsArticle 243A Gram SabhaArticle 243B Constitution of PanchayatsArticle 243C Composition of PanchayatsArticle 243D Reservation of seatsArticle 243E Duration of Panchayats, etc.Article 243F Disqualifications for membershipArticle 243G Powers, authority and responsibilities of Panchayats



Article 243H Powers to impose taxes by, and Funds of, the PanchayatsArticle 243I Constitution of Finance Commission to review financial positionArticle 243J Audit of accounts of PanchayatsArticle 243K Elections to the PanchayatsArticle 243L Application to Union territoriesArticle 243M Part not to apply to certain areasArticle 243N Continuance of existing laws and PanchayatsArticle 243O Bar to interference by courts in electoral mattersPart IXA The MunicipalitiesArticle 243P DefinitionsArticle 243Q Constitution of MunicipalitiesArticle 243R Composition of MunicipalitiesArticle 243S Constitution and composition of Wards Committees, etc.Article 243T Reservation of seatsArticle 243U Duration of Municipalities, etc.Article 243V Disqualifications for membershipArticle 243W Powers, authority and responsibilities of Municipalities etc.Article 243X Power to impose taxes by, and Funds of, the MunicipalitiesArticle 243Y Finance CommissionArticle 243Z Audit of accounts of MunicipalitiesArticle 243ZA Elections to the MunicipalitiesArticle 243ZB Application to Union territoriesArticle 243ZC Part not to apply to certain areasArticle 243ZD Committee for district planningArticle 243ZE Committee for Metropolitan planningArticle 243ZF Continuance of existing laws and MunicipalitiesArticle 243ZG Bar to interference by Courts in electoral mattersPart X The Scheduled and Tribal AreasArticle 244 Administration of Scheduled Areas and Tribal AreasArticle 244A Formation of an autonomous State comprising certain tribal areas in Assam and

creation of local Legislature or Council of Ministers or both thereforPart XI Relations Between the Union and the StatesChapter I Legislative RelationsArticle 245 Extent of laws made by Parliament and by the Legislatures of StatesArticle 246 Subject-matter of laws made by Parliament and by the Legislatures of StatesArticle 247 Power of Parliament to provide for the establishment of certain additional courtsArticle 248 Residuary powers of legislationArticle 249 Power of Parliament to legislate with respect to a matter in the State List in the

National interestArticle 250 Power of Parliament to legislate with respect to any matter in the State List if a

Proclamation of Emergency is in operationArticle 251 Inconsistency between laws made by Parliament under articles 249 and 250 and laws

made by the legislatures of States



Article 252 Power of Parliament to legislate for two or more States by consent and adoption ofsuch legislation by any other State

Article 253 Legislation for giving effect to international agreementsArticle 254 Inconsistency between laws made by Parliament and laws made by the Legislatures

of StatesArticle 255 Requirements as to recommendations and previous sanctions to be regarded as

matters of procedure onlyChapter II Administrative RelationsArticle 256 Obligation of States and the UnionArticle 257 Control of the Union over States in certain casesArticle 257A Assistance to States by deployment of armed forces or other forces of the UnionArticle 258 Power of the Union to confer powers, etc., on States in certain casesArticle 258A Power of the States to entrust functions to the UnionArticle 259 [Repealed] Armed Forces in States in Part B of the First ScheduleArticle 260 Jurisdiction of the Union in relation to territories outside IndiaArticle 261 Public acts, records and judicial proceedings

Disputes relating to WatersArticle 262 Adjudication of disputes relating to waters of inter-State rivers or river valleys

Co-ordination between StatesArticle 263 Provisions with respect to an inter-State CouncilPart XII Finance, Property, Contracts and SuitsChapter I FinanceArticle 264 InterpretationArticle 265 Taxes not to be imposed save by authority of lawArticle 266 Consolidated Funds and public accounts of India and of the StatesArticle 267 Contingency FundArticle 268 Duties levied by the Union but collected and appropriated by the StatesArticle 269 Taxes levied and collected by the Union but assigned to the StatesArticle 270 Taxes levied and collected by the Union and distributed between the Union and the

StatesArticle 271 Surcharge on certain duties and taxes for purposes of the UnionArticle 272 [Omitted]Article 273 Grants in lieu of export duty on jute and jute productsArticle 274 Prior recommendation of President require to Bills affecting taxation in which States

are interestedArticle 275 Grants from the Union to certain StatesArticle 276 Taxes on professions, trades, callings and employmentsArticle 277 SavingsArticle 278 [Repealed] Agreement with States in Part B of the First Schedule with regard to

certain financial mattersArticle 279 Calculation of "net proceeds", etc.Article 280 Finance CommissionArticle 281 Recommendations of the Finance Commission



Miscellaneous Financial ProvisionsArticle 282 Expenditure defrayable by the Union or a State out of its revenuesArticle 283 Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the

public accountsArticle 284 Custody of suitors' deposits and other moneys received by public servants and courtsArticle 285 Exemption of property of the Union from State taxationArticle 286 Restriction as to imposition of tax on the sale or purchase of goodsArticle 287 Exemption from taxes on electricityArticle 288 Exemption from taxation by States in respect of water or electricity in certain casesArticle 289 Exemption of property and income of a State from Union taxationArticle 290 Adjustment in respect of certain expenses and pensionsArticle 290A Annual payment to certain Devaswom FundsArticle 291 [Repealed]Chapter II BorrowingArticle 292 Borrowing by the Government of IndiaArticle 293 Borrowing by StatesChapter III Property, Contacts, Rights, Liabilities, Obligations and SuitsArticle 294 Succession to property, assets, rights, liabilities and obligations in certain casesArticle 295 Succession to property, assets, rights, liabilities and obligations in other casesArticle 296 Property accruing by escheat or lapse or as Bona vacantiaArticle 297 Things of value within territorial waters or continental shelf and resources of the

exclusive economic zone to vest in the UnionArticle 298 Power to carry on trade, etc.Article 299 ContractsArticle 300 Suits and proceedingsChapter IV Right to PropertyArticle 300A Persons not to be deprived of property save by authority of lawPart XIII Trade, Commerce and Intercourse Within the Territory of IndiaArticle 301 Freedom of trade, commerce and intercourseArticle 302 Power of Parliament to impose restrictions on trade, commerce and intercourseArticle 303 Restrictions on the legislative powers of the Union and of the States with regard to

trade and commerceArticle 304 Restriction on trade, commerce and intercourse among StatesArticle 305 Saving of existing laws and laws providing for State monopoliesArticle 306 [Repealed]Article 307 Appointment of authority for carrying out the purposes of articles 301 to 304Part XIV Services Under the Union and the StatesChapter I ServicesArticle 308 InterpretationArticle 309 Recruitment and conditions of service of persons serving the Union or a StateArticle 310 Tenure of office of persons serving the Union or a StateArticle 311 Dismissal, removal or reduction in rank of persons employed in civil capacities under

the Union or a State



Article 312 All-India servicesArticle 312A Power of Parliament to vary or revoke conditions of service of officers of certain

servicesArticle 313 Transitional provisionsArticle 314 [Repealed]Chapter II Public Service CommissionsArticle 315 Public Service Commissions for the Union and for the StatesArticle 316 Appointment and term of office of membersArticle 317 Removal and suspension of a member of a Public Service CommissionArticle 318 Power to make regulations as to conditions of service of members and staff of the

CommissionArticle 319 Prohibition as to the holding of offices by members of Commission on ceasing to be

such membersArticle 320 Functions of Public Service CommissionsArticle 321 Power to extend functions of Public Service CommissionsArticle 322 Expenses of Public Service CommissionsArticle 323 Reports of Public Service CommissionsPart XIVA TribunalsArticle 323A Administrative tribunalsArticle 323B Tribunals for other mattersPart XV ElectionsArticle 324 Superintendence, direction and control of elections to be vested in an election

commissionArticle 325 No person to be ineligible for inclusion in, or to claim to be included in a special,

electoral roll on grounds of religion, race, caste or sexArticle 326 Elections to the House of the People and to the Legislative Assemblies of States to be

on the basis of adult suffrageArticle 327 Power of Parliament to make provision with respect to elections to LegislaturesArticle 328 Power of Legislature of a State to make provision with respect to elections to such

LegislatureArticle 329 Bar to interference by courts in electoral mattersArticle 329A [RepealedPart XVI Special Provisions Relating to Certain ClassesArticle 330 Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the

PeopleArticle 331 Representation of the Anglo-Indian community in the House of the People

Notwithstanding anything in article 81, the President may, if he is of opinion that theAnglo-Indian community is not adequately represented in the House of the People,nominate not more than two members of that community to the House of the People.

Article 332 Reservation of seats for Scheduled Castes and Scheduled Tribes in the LegislativeAssemblies of the States

Article 333 Representation of the Anglo-Indian community in the Legislative Assemblies of theStates

Article 334 Reservation of seats and special representation to cease after fifty years



Article 335 Claims of Scheduled Castes and Scheduled Tribes to services and postsArticle 336 Special provision for Anglo-Indian community in certain servicesArticle 337 Special provision with respect to educational grants for the benefit of Anglo-Indian

communityArticle 338 National Commission for Scheduled Castes,Article 338A National Commission for Scheduled TribesArticle 339 Control of the Union over the administration of Scheduled Areas and the welfare of

Scheduled TribesArticle 340 Appointment of a Commission to investigate the conditions of backward classesArticle 341 Scheduled CastesArticle 342 Scheduled TribesPart XVII Official LanguageChapter I Language of the UnionArticle 343 Official language of the UnionArticle 344 Commission and Committee of Parliament on official languageChapter II Regional LanguagesArticle 345 Official language or languages of a StateArticle 346 Official language for communication between one State and another or between a

State and the UnionArticle 347 Special provision relating to language spoken by a section of the population of a

StateChapter III Language of the Supreme Court, High Courts, etc.Article 348 Language to be used in the Supreme Court and in the High Courts and for Acts,

Bills, etc.Article 349 Special procedure for enactment of certain laws relating to languageChapter IV Special DirectivesArticle 350 Language to be used in representations for redress of grievancesArticle 350A Facilities for instruction in mother-tongue at primary stageArticle 350B Special Officer for linguistic minoritiesArticle 351 Directive for development of the Hindi languagePart XVIII Emergency ProvisionsArticle 352 Proclamation of National EmergencyArticle 353 Effect of Proclamation of EmergencyArticle 354 Application of provisions relating to distribution of revenues while a Proclamation of

Emergency is in operationArticle 355 Duty of the Union to protect States against external aggression and internal

disturbanceArticle 356 Provisions in case of failure of constitutional machinery in StatesArticle 357 Exercise of legislative powers under Proclamation issued under article 356Article 358 Suspension of provisions of article 19 during emergenciesArticle 359 Suspension of the enforcement of the rights conferred by Part III during emergenciesArticle 359A [Repealed] Application of this Part to the State of PunjabArticle 360 Provisions as to financial emergency



Part XIX MicsellaneousArticle 361 Protection of President and Governors and RajpramukhsArticle 361A Protection of publication of proceedings of Parliament and State LegislaturesArticle 362 [Repealed] Rights and privileges of Rulers of Indian StatesArticle 363 Bar to interference by courts in disputes arising out of certain treaties, agreements,

etc.Article 363A Recognition granted to Rulers of Indian States to cease and Privy purses to be

abolishedArticle 364 Special provisions as to major ports and aerodromesArticle 365 Effect of failure to comply with, or to give effect to, directions given by the UnionArticle 366 DefinitionsArticle 367 InterpretationPart XX Amendment of the ConstitutionArticle 368 Power of Parliament to amend the Constitution and procedure thereforPart XXI Temporary, Transitional and Special ProvisionsArticle 369 Temporary power to Parliament to make laws with respect to certain matters in the

State List as if they were matters in the Concurrent ListArticle 370 Temporary provisions with respect to the State of Jammu and KashmirArticle 371 Special provision with respect to the States of Maharashtra and GujaratArticle 371A Special provision with respect to the State of NagalandArticle 371B Special provision with respect to the State of AssamArticle 371C Special provision with respect to the State of ManipurArticle 371D Special provisions with respect to the State of Andhra PradeshArticle 371E Establishment of Central University in Andhra PradeshArticle 371F Special provisions with respect to the State of SikkimArticle 371G Special provision with respect to the State of MizoramArticle 371H Special provision with respect to the State of Arunachal PradeshArticle 371I Special provision with respect to the State of GoaArticle 372 Continuance in force of existing laws and their adaptationArticle 372A Power of the President to adapt lawsArticle 373 Power of President to make order in respect of persons under preventive detention in

certain casesArticle 374 Provisions as to Judges of the Federal Court and proceedings pending in the Federal

Court or before His Majesty in CouncilArticle 375 Courts, authorities and officers to continue to function subject to the provisions of the

ConstitutionArticle 376 Provisions as to Judges of High CourtsArticle 377 Provisions as to Comptroller and Auditor-General of IndiaArticle 378 Provisions as to Public CommissionsArticle 378A Special provisions as to duration of Andhra Pradesh Legislative AssemblyArticle 379 [Article 379-391 Repealed]Article 392 Power of the President to remove difficultiesPart XXII Short Title, Commencement, Authoritative Text in Hindu and Repeals



Article 393 Short titleArticle 394 CommencementArticle 394A Authoritative text in the Hindi languageArticle 395 Repeals

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