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255

CONSTITUTION
A Constitution is "a Funda- The Constituent Assembly
mental legal document accord-
Constituent was in session between De-
ing to which the government Assembly cember 9, 1946 and November
of a country functions". The Constitution of India was 26, 1949.
Its basic objective is to estab- framed and adopted by the Total duration of the making of
lish a democratic, socialist, Constituent Assembly of In- the Constitution was 2 years,
secular republic with a view to dia. 11 months and 17 days.
securing justice, liberty, equal- The Constitutent Assembly
The Constituent Assembly
ity and fraternity to all its citi- was set up in November 1946
zens. had 389 members originally. Of
as per the Cabinet Mission Plan
A constitution, thus is supe- which, 292 were to be elected
of 1946.
rior to all other laws of the coun- from provinces, 93 were to be
The idea of a Constitution for
try & no law can be enacted India was first expressed by nominated from princely states
which is not in conformity with M.N. Roy (communist leader) and four members were to be
the constitution. and it was supported by nominated from Chief
Constitutions are of two types Gandhiji & Nehru. Commissioners Areas. Each
- "unwritten and written". The The demand for the Constitu- province was allocated seats
constitution of the U.K and in proportion to its population.
ent Assembly to draft the Con-
New Zealand are unwritten Later reduced to 299 as League
stitution of India was, for the
where as the constitution of all withdrew after partition of the
first time, raised by the Con-
other countries of the World
gress in 1935. country.
are written.
On the inaugural day of the
assembly on December 9, 1946,
Basic structure of the Constitution
Dr. Sachidananda Sinha was
Independence of judiciary elected as the first temporary
Free and fair elections
Rule of law President to chair the meeting
Limited power of Parliament to amend the Constitution
Parliamentary system
Harmony and balance between Fundamental Rights and Directive
Principles There are 444
Judicial review articles , 12 Schedules,
Freedom and dignity of the individual 24 Parts and 92 Amend
Welfare state ments as of today in Indian
Unity and integrity of the nation Constitution. It was 395
Federal character of the Constitution
Articles and 8 schedules
Separation of powers between the legislature, the executive and the
judiciary when it came into force
Secular character of the Constitution on January 26,
Sovereign, democratic and republican nature of the Indian polity 1950.
Supremacy of the Constitution
256
and on December 11, 1946, Dr. by the Constituent
ns tit ut io n of India was drafted
Rajendra Prasad was elected Th e Co y 26, 1950.
ca m e in to effe ct on Januar the
as the permanent President of Asse m bl y. It ive of the Union is
the Constituent Assembly. e co ns tit ut io na l head of the Execut n , In di an
Th nstitut io
Article 79 of the Co n
The Vice President of the con- President. As per e Pr es id en t an d two House s know
ist s of th of the
stituent Assembly was Profes- Parliament cons (R aj ya Sa bha) and the House
St at es
sor Harendra Coomar as the Counci l of the Constitut ion
ok Sa bh a). Article 74(1) of with the
Mukherjee. Pe op le (L
er e sh al l be a Co uncil of Ministers t,
provides that th advi se the Presiden
Constituent Assembly worked
im e M in ister as its head to ai d and ce to th e ad vi ce.
by constituting more than 13 Pr
se hi s fu nc tio ns in accordan
committees and the most who shall ex erci
prominent committee was the
The Constituent Assembly
adopted our National Flag on
Seven member Drafting Com- for framing the Constitution.
July 22, 1947.
mittee of the constitution. The historic 'Objective Reso-
Dr. B.R. Ambedkar was the

lution' (purpose and aim) was
The Constituent Assembly
Chairman of the Drafting moved in the Constituent As-
adopted our National Anthem
Committee of the Constitu- sembly by Pt. Jawahar Lal
on January 24, 1950.
tion. Nehru on 13th December 1946.
He was the Chief Architect of Objective resolution consti- Such committees include
the Constitution and later be- tuted on the basis of the Committee on Fundamental
came the first Law Minister of Preamble of the Constitution. Rights, the Union Powers
India. In 1990 Government Shri. B.N. Rao was appointed Committee and Union
awarded him Bharat Ratna as Legal Advisor to the Con- Constitution Committee.
posthumously. stituent Assembly.
On August 29, 1947, the
Total sessions of the Constitu- The Constituent Assembly
Drafting Committee was
ent Assembly - 11 took 2 years, 11 months and
The Constitution of India was appointed, with Dr. Ambedkar
18 days to frame the Consti-
adopted on November 26, tution. as the Chairman along with six
1949. The assembly met again Dr. Bhim Rao Ambedkar is other members.
on Jan 24, 1950 when the mem- recognised as Father of In- Six members of the drafting
bers appended their signatures dian Constitution. committee were N.
to the constitution of India. It Gopalaswami Iyengar, Alladi
came into force on January 26, Drafting Committee Krishna Swamy Iyer, K.M.
1950. In the August 14, 1947 Munshi (founder of Bharatiya
The date January 26, was cho- meeting of the Constituent Vidya Bhavan), Syyed
sen to inaugurate the Consti- Assembly, a proposal for Mohammad Saadullah, B.L.
tution in memory and honour forming various committees
Mittar (replaced by N.
of the Lahore session of the were presented.
Madhav Rao) and D.P.
Indian National Congress on Khaitan (who died in 1948 and
31st December 1929. O n A ug u st was replaced by T.T.
became
The Constituent Assembly 15, 1947, India
t nation, and Krishnamachari).
formed 13 important committees an independen
Assembly A Draft Constitution was
th e Constit uent
Parlia- prepared by the committee and
became India's
The only state having ment. submitted to the Assembly on
Constitution of its own is November 4, 1947.
Jammu & Kashmir
257
as the Committees under the Constituent Assembly
n u ar y 2 6 was selected
Ja of the
te o f co m mencement Committee on the Rules of procedure - Rajendra Prasad
d a se on
of India becau le Steering Committee Rajendra Prasad
Constitution peop
930, Indian Finance and Staff Committee - Anugrah Narayan Sinha
this date in 1 da y',
de pen den ce Credential Committee - Alladi Krishnaswamy Iyer
observed 'In 'Purna
resolution of House Committee - B. Pattabhi Sitaramayya
following the ssion
e Congress se Order of Business Committee - K.M. Munshi
Swaraj' of th ecem-
idnight of D Ad hoc Committee on the National Flag - Rajendra Prasad
held in the m
Lahore. Committee on the Functions of the Constituent Assembly
ber 31,1929 at
G.V. Mavalankar
States Committee - Jawaharlal Nehru
The Drafting Committee Advisory Committee on Fundamental Rights, Minorities
finalised the Draft Tribal and Excluded Areas - Vallabhai Patel
Constitution of India in Minorities Sub-Committee - H.C. Mookherjee
February 1948 and the second Fundamental Rights Sub-Committee - J.B. Kripalani
reading of the same by the North-East Frontier Tribal Areas and Assam. Excluded & Partially
Assembly was completed on Excluded Areas Sub-Committee - Gopinath Bardoloi
October 17, 1948. For the third Excluded and Partially Excluded Areas (Other than those in Assam)
reading of the constitution, Sub-Committee - A.V. Thakkar
Assembly met on Nov. 14, Union Powers Committee- Jawaharlal Nehru
1949 and finished it on Nov. Union Constitution Committee - Jawaharlal Nehru
26, 1949. Drafting Committee - B.R. Ambedkar

s of I ndian C onstitution ergency


Source Power of federal judiciary, Em
Governor,
Office of the
19 35 : Federal System, .
1. Govt. of In
di a A ct istrative details le Citizenship,
rv ic e C om m issions, Admin Pr ovisions of Sing
w er, Pu bl ic Se e of L aw ,
po procedure, Rul ice of the C.A.G
.
in gd om : Law making ative writs, Off
2. Uni te d K m , Pr er og of Supreme &
m en ta ry G ov t., Bicamer al is
nd am en ta l R ights, Removal
Parlia Judicial Review
, Fu
ent Judiciary, President.
: In de pe nd m bl e, Fu nctions of Vice- ntment of
3. USA (I m peachmen t) , Pr ea
th e centre, Appoi
rt Ju dg es po w er s w ith
High Cou ntre, Residuary
Fe de ra tio n w ith a strong ce su pr em e court.
4. Canada: Review of ation of
no rs by C en te r, A dv is or y/
Pr es id en ti al election, Nomin
State Gover licy, Method of
ir ec tiv e Pr in ci ples of State Po
D
5. Ireland: Sabha by the Pr
esident. ights.
mem be rs of Raj ya
Su sp en si on of Fundamental R
ision and
Emergency Prov
6. Germany: dom of trade.
tr al ia : C on cu rrent list & Free
7. Aus
t procedure.
ica: Amendmen
8. South Afr
9. France : R
epublic t) & Preamble.
en ta l D ut ies (44 Amendmen
.S.S.R.): Fundam
10. Russia (U law.
n: Pr oc ed ur es established by
11. Japa
258
The landmarks of the Constitution
Regulating Act, 1773 Inclusion of a Law member in authority and control over the
This was the first step taken by the the council of Governor Gen- Indian administration through
British Government to control and eral (Macaulay - first law mem- the Governor-General as his
regulate the affairs of the East India ber). agent.
Company in India. Governments of Bombay and He was responsible ultimately
It designated the Governor of Madras were deprived of their to the British Parliament.
Bengal as the Governor-Gen- legislative powers. The Governor-General was
eral of Bengal. This was the final step towards made the Viceroy of India.
The first Governor-General centralisation in the British In- Lord Canning was the first
was Lord Warren Hastings. dia. Viceroy of India.
It subordinated the Governors The Act ended the activities of Indian Councils Act, 1861
of Bombay and Madras to the the East India Company as a It introduced for the first time
Governor-General of Bengal. commercial body. Company's the representative institutions
The Supreme Court was estab- monopoly of trade completely in India.
lished at Fort William (Calcutta) abolished. It provided that the Governor-
as the Apex Court in 1774. Charter Act, 1853 General's Executive Council
Pitt's India Act, 1784 The legislative and executive should have some Indians as
It was introduced to remove the functions of the Governor- the non-official members while
drawbacks of the Regulating General's Council were sepa- transacting the legislative busi-
Act. rated. nesses.
Was named after the then Brit- It introduced a system of open Initiated the process of
ish Prime Minister. competition as the basis for the decentralisation by restoring
Placed the Indian affairs under recruitment of civil servants of the legislative powers to the
the direct control of the British the Company. Bombay and the Madras Presi-
Government. Government of India Act, 1858 dencies.
Established a Board of Control This Act transferred the Gov- It accorded the statutory rec-
over the Court of Directors. ernment territories and rev- ognition to the Portfolio Sys-
Charter Act, 1813 enues of India from the East tem.
Monopoly of Company's trade India Company to the British Indian Councils Act, 1892
abolished except trade in tea Crown. Introduced the principle of elec-
& trade with China. In other words, the rule of Com- tions, but in an indirect man-
One way free trade was im- pany was replaced by the rule ner.
posed on India. of the Crown in India. Enlarged the functions of the
An annual sum of Rs. One The powers of the British Legislative Councils and gave
Lakh earmarked for education, Crown were to be exercised by them the power of discussing
marking the beginning of Brit- the Secretary of State for In- the Budget and addressing
ish interest on educating the dia. questions to the Executive.
Indians. The Secretary of State was a Indian Councils Act, 1909
Charter Act, 1833 member of the British Cabinet. This Act is also known as the
It made the Governor-General He was assisted by the Coun- Morley-Minto Reforms (Lord
of Bengal as the Governor- cil of India, having 15 mem- Morley was the then Secretary
General of India. bers. of State for India and Lord
First Governor-General of In- This act was declared to be an Minto was the then Governor-
dia was Lord William Bentick. act of "good government" for General of India).
All civil and military powers India. Introduction of an element of
were vested in him. SOS was vested with complete
259
direct elections to the Legisla- health & sanitation, agricul- Dyarchy at the Centre.
tive Councils. ture, industries to be looked Introduced bicameralism in 6
The act provided the so called after by the governor and his out of 11 Provinces.
'Representative Govt'. in India. ministers). These six Provinces were
It changed the name of the The Act introduced, for the Assam, Bengal, Bombay, Bihar,
Central Legislative Council to first time, bicameralism and di- Madras and the United Province.
the Imperial Legislative Coun- rect elections in the country. Indian Independence Act of 1947
cil. The Act also required that the Till 1947, the Government of
Introduced a system of com- three of the six members of the India functioned under the
munal representation for Mus- Governor-General's Council provisions of the 1919 Act only,
lims by accepting the concept (other than the Commander-in- the provisions of 1935 Act re-
of 'Separate Electorate'. (Com- Chief) were to be Indians. lating to Federation and
munal Electroate) Government of India Act of 1935 Dyarchy were never imple-
Government of India Act, 1919 The Act provided for the es- mented.
This Act is also known as the tablishment of an 'All-India The Executive Council pro-
Montague Chelmsford Re- Federation' consisting of the vided by the 1919 Act contin-
forms. Provinces and the Princely ued to advice the Governor
Montague was the then Sec- States as the units. General till 1947.
retary of State and Lord The Act divided the powers It declared India as an Indepen-
Chelmsford was the then Gov- between the Centre and the dent and Sovereign State.
ernor General of India. Units in terms of three lists, Established responsible Gov-
The act was meant to provide namely the Federal List, the ernments at both the Centre
"Responsible Govt". in India. Provinicial List and the Con- and the Provinces.
The Central subjects were de- current List. Designated the Governor-Gen-
marcated and separated from The Federal List for the Centre eral of India and the Provincial
those of the Provincial sub- consisted of 59 items, the Pro- Governors as the Constitu-
jects. vincial List for the Provinces tional Heads (nominal heads).
The scheme of dual gover- consisted of 54 items and the It assigned dual functions
nance, 'Dyarchy', was intro- Concurrent List for both con- (Constituent and Legislative)
duced in the Provinces. sisted of 36 items. to the Constituent Assembly
Division of Provincial subjects The residuary powers were and declared this dominion
into Reserved subjects (like vested with the Governor-Gen- legislature as a sovereign
police, jails, land revenue, irri- eral. body.
gation, forests etc to be admin- The Act abolished the Two Dominions were consti-
istered by the Governor & his Dyarchy in the Provinces and tuted-India and Pakistan.
Executive Council) and Trans- introduced 'Provincial Au- The King would appoint a
ferred subjects (like education, tonomy'. Governor General for each Do-
local self Government, public It provided for the adoption of minion.

Cabinet Mission of 1946


The British Cabinet Mission of 1946 to India aimed to discuss and plan for the transfer of power from
the British Raj to Indian leadership, providing India with independence under Dominion status in the
Commonwealth of Nations. Formulated at the initiative of Clement Attlee, the Prime Minister of the
United Kingdom, the mission consisted of Lord Pethick-Lawrence, the Secretary of State for India, Sir
Stafford Cripps and A. V. Alexander. The Mission's purpose was to hold preparatory discussions with
elected representatives of British India and the Indian states in order to secure agreement as to the
method of framing the constitution. Set up a constitution body. Set up an Executive Council with the
support of the main Indian parties.
260
The Preamble
WE, THE PEOPLE OF INDIA, having solemnly resolved to
Soul of Constitution constitute India into a SOVEREIGN SOCIALIST SECULAR
Key of Constitution DEMOCRATIC REPUBLIC and to secure to all its citizens;
Identity Card of Constitution JUSTICE, social, economic and political;
The Preamble or the preface LIBERTY of thought, expression, belief, faith and worship;
gives in a nutshell the aims and EQUALITY of status and of opportunity; and to promote
purposes of the Constitution of among them all
India. It also embodies the ide-
FRATERNITY assuring the dignity of the individual and the
als and aspirations.
unity and integrity of the Nation;
The Preamble is considered to
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of
be the key to open the edifice
of the Constitution. November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION.
Almost all the constitutions of
the world have a preamble.
Jawaharlal Nehru is the archi- discriminate against the citizen Republic : All the authorities of
tect of the preamble. in any way on the basis of the State are directly or indirectly
It was adopted by the religion. elected by the people for a fixed
Constituent Assembly on Democratic : The rulers elected term, not hereditery.
January 22nd 1947. by the people only.
The preamble serves three pur-
poses -
K.M. Munshi termed it as the Political Horoscope.
i. It indicates the source
from which the constitu- Earnest Barker calls it the key to the Constitution.
tion derives its authority, Thakurdas Bhargava called it as the Soul of the Constitution.
ii. States the objects that the
constitution seeks to es- The term Socialistic pattern of society was adopted as a goal of the
tablish and promote. Indian State by the Congress in 1955 in Avadi Session.
iii. The date of its adoption.
The Preamble is a part of the Constitution statute but it is not a part of
The importance of the utility
of the Preamble has been the Constitution. It is its identity card." : N.A. Palkhivala.
pointed out in several
decisions of the Supreme
Court. Forty-
ment
In the Kesavananda Bharathi secon Amend the Emergency in
d
r 1976, during sev-
case 1973 the Supreme Court On 18 Decembe i government pushed through
held that Preamble is a part of Gan dh e constitu-
India, the Indira orty-second Amendment of th
the Constitution. the F rdar Swaran
eral changes in ch ai rmanship of Sa
tee un de r th e amendment
Sovereign : There is no tion. A commit dm en ts. Through this
ended th e am en d between the
authority outside India on Singh recomm "s ec ul ar" were adde
iali st " an d ds "unity of
which the country is anyway the words "soc
an d "d em oc ra tic" and the wor of the
gn" nity and integr
ity
dependent. words "soverei changed to "u
Socialist : Achievement of at io n" w ere ly on ce in the
the N
am bl e w as am ended on
Socialistic pattern of Society Nation". Pre dian Constitut
ion
through democratic needs. history of the In
Secular : The state shall not
261
IS THE PREAMBLE A PART OF THE Unitary / Federal
CONSTITUTION ? A Constitution is said to be
unitary if it concentrates all
The Supreme Court in the Kesavananda Bharati vs State of Kerala
authority at the centre, making
(1973) case overruled its earlier decision of 1960 and made it clear
the various regions subservient
that it is a part of the Constitution and is subject to the amending
to the central government.
power of the Parliament as any other provisions of the Constitution,
Britain and France have uni-
provided the basic structure of the Constitution as found in the
tary Constitutions.
Preamble is not destroyed. However, it is not an essential part of the
A Federal Constitution divides
Constitution.
government authority between
the centre and the regions
ten Constitution is the British
Nature of the Constitution.
conferring on the latter an au-
tonomous status.
Constitution Israel is another country with-
The US Constitution, the Ca-
out a written Constitution.
Written/ Unwritten nadian Constitution and the
Flexible / Rigid Indian Constitution are ex-
A Written Constitution is one If a Constitution can be amended amples of Federal Constitutions.
in which most of the funda- easily by the simple majority Indian Constitution is de-
mental or basic rules of gov- of the member of parliament, it scribed as federal in term but
ernment organisations are con- is said to be flexible. unitary in spirit.
tained in a document. If the procedure of amending or The difference between Ameri-
The Constitution of India is repealing ordinary laws is diffi- can federation and Indian fed-
the longest written Constitu- cult, the Constitution is said to eration is that the Indian fed-
tion in the world. be rigid. erations are functioning under
India is described by the Con- The Indian Constitution is rigid the strong central Government.
stitution as a Union of States. in so far as its basic principles Indian Constitution is Quasi -
America has the shortest as are concerned. Some of its pro- Federal.
well as the oldest written Con- visions can be amended by a
simple majority of parliament The word Federal is however
stitution in the world.
while others require a two third absent in the Indian Constitu-
The Constitution of U.S. was
majority of parliament besides tion.
framed by the delegates meet-
ing in the Philadelphia Con- the accent of majority of state
legislature. So it is said that the Opinions
vention.
Indian Constitution is partly 1. Quasi federal - K.C. Wheare
Swiss Federation was formed
flexible and partly rigid. 2. Federation with a centralising
in 1867.
The examples of Rigid Constitu- tendency- Ivor Jennings
Canadian Federation was
tion are United States, Canada, 3. Cooperative federalism-
formed in 1848.
Switzerland and Australia. Granville Austin
Australian Federation was
British Constitution is a flex- 4. Unitary as well as federal -
formed in 1901.
ible Constitution. Ambedkar.
An Unwritten Constitution is
one in which most of the fun-
damental rules and principles
of governmental organisations
have not been reduced to writ-
ing by any authorised body or
persons.
The best example of an unwrit-
262
Important Dates in Indian Constitution
1687 The first Muncipal Corporation in India was set up in Madras.
1772 Lord Warren Hastings created the Office of District Collector.
1829 The office of the Divisional Commissioner was created by Lord William Bentick.
1859 The Portfolio System was introduced by Lord Canning.
1860 A system of Budget was introduced.
1870 Lord Mayo's resolution on financial decentralisation, visualised the development of
local self-government institutions in India.
1872 First Census in India was conducted during Lord Mayo's period.
1881 First regular Census was conducted during Lord Mayo's period.
1882 Lord Ripon's resolution was hailed as the 'Magna Carta' of local self-government. He is
regarded as the 'Father of local self-government in India'.
1905 The tenure system was introduced by Lord Curzon.
1905 The Railway Board was set up by a resolution of the Government of India.
1921 Public Accounts Committee was created at the Centre.
1921 Railway Budget was separated from the General Budget.
1935 Reserve Bank of India was established by an Act of the Central Legislature.
1935 The Government of India Act 1935 prescribed a federation for India.
1946 The elections to the Constituent Assembly under the Cabinet Mission Plan.
Dec. 9, 1946 The Constituent Assembly held its first meeting.
Dec. 11. 1946 Dr. Rajendra Prasad was elected president of the Constituent Assembly.
Nov. 26, 1949 Constituent Assembly approved the Constitution.
Jan. 26. 1950 The Constitution of India came into force.
1951 The first Constitutional Amendment.
1952 The first general election (1951-1952) to the Lok Sabha was held.
1953 The first linguistic state of Andra Pradesh was created.
1959 Panchayat Raj was introduced in Rajasthan.
1962 First emergency declared.
1963 The first no confidence motion was moved in the Lok Sabha after independence.
1975 Emergency due to internal disturbances
1976 The Fundamental Duties of Indian citizens were incorporated in the Constitution.
1978 Through the 44 th amendment Right to Property has been deleted from the list of Funda-
mental Rights.
1989 Reduced the voting age from 21 to 18 years for the Lok Sabha as well as Assembly
elections.
1991 Created the National Capital Territory of Delhi.
1992 Formation of present day Panchyati Raj.
1999 Extended the reservation of Scheduled Castes, Scheduled Tribes and Anglo Indians in
Lok Sabha and State Assemblies for 10 more years ie. up to 2010.
2000 The creation of new states of Jharkhand, Chattisgarh and Uttaranchal.
2002 In the field of free and compulsory primary education for children Right to Education for
Children has been made a Fundamental Right.
263
Salient Features of the Constitution of India
The Constitution of India is the lengthiest or bulkiest written Constitution in the world.
The Constitution at present contains 444 Articles and 12 Schedules.
The Constitution has 24 parts. The first part has four Articles.
Originally our Constitution contained 395 Articles and 8 Schedules.
It is designed to work as federal Constitution in normal times and as a unitary one in emergency.
It establishes a parliamentary system of Government both at the centre and in the states.
The President is the Constitutional Head of the State (Country).
The Constitution of India introduces adult franchise and also the system of joint electorates.
Our Parliamentary system is based on universal adult franchise ie, every adult above 18 years of age has
(61st Constitution Amendment 1989) the right to vote.
The Constitution of India guarantees Fundamental Rights to all citizens of India.
It lays down the Directive Principles of State Policy for the guidance of the governmental authorities in the
country.
It provides for an independent judiciary.
The Supreme Court acts as the guardian of the Constitution.

Citizenship Article 9 - citizenship will be The citizenship can be lost by


(Article 5 - 11) terminated if the person ac- renunciation, termination, or
quires citizenship of another deprivation.
The Part II (Article 5-11) of the
country. The period of acquisition of
Constitution deals with the
A person can become a citizen citizenship through registra-
Citizenship, of India.
of India even if born outside tion has been increased from 6
Articles 5 8 deals with the
India if his/her father or mother months to 5 years.
citizenship at the time of com-
is a citizen of India at the time
mencement of the Constitu- Constitutional Rights for
of persons birth.
tion. Indian Citizens
Fundamental rights that are
only given to Indian citizens
ip
Dual Citizenshdment) Act 2003, India
like article 15, 16 and 19, 30.
Some important posts are only
(Amen
e of Citizenship Origin (PIO) / for Indian citizens like Presi-
With the passag to Pe rson of Indian
t dual ci tiz en sh ip ies. However in dent, Vice-president, Chief Jus-
decided to gran th e la w s of their countr om
ns, subj ec t to who migrated fr tice of India, Judges of High
NRIs in 16 natio t. stated that all PIO / NRIs, ti ze ns hi p. Courts, Attorney General,
Gov al ci
2005 the Indian y 26 , 19 50 , w ill be granted du tely (so far Governor etc.
r Januar India indefini
India on or afte person to live in a. Right to vote for constituency
p al lo w s a a citizen of Indi
Dual Citizens hi
T he y ca n av ail all benefits of te d or ap - and assembly elections. There
onths). t to vote, and
be elec
PIO card for 6 m ha ve th e ri gh ou t a V is a. is provision for Indian citizens
However they
cannot el to India with
ic of fice s. T hey can also trav any other coun
try only to be a parliamentarian or
pointed to pu bl
Pa ki st an , B angladesh, and i B ha ra tiy a member of legislative assem-
s from avas
However person ca nn ot ha ve du al citizenship. Pr s m eet an d
notify d Indian bly.
that the govt may a platform where PIO/NRIs an re m em br an ce
Divas celebratio
n is 9th January in Citizenship (Amendment) Bill
as pi ra ti on . It is celebrated on .
share their Africa in 1915 1992 provide that a person
turn from South
of Gandhijis re
264
born outside India would be
deemed to be an Indian citizen
if either of his/her parents were
Indian.
Citizenship Act 2004 - to grant
dual citizenship to the People
of Indian Origin (PIO). The 4. By Naturalization
Only for foreigners The Fundamental Rights are
concept of dual citizenship, protected by the supreme
now phrased as overseas citi- 12 months continual stay.
court & the high court as the
zenship will be granted to per- 5. Incorporation of Territories.
guardians of the Constitution.
sons of Indian origin belong- Loss of Citizenship
ing to certain countries. At 1. By Renunciation The main objective of the in-
present this facility is extended clusion of Fundamental Rights
by ones own will.
to PIOs of 16 specified coun- in the Constitution is to estab-
2. By termination
tries. lish a government of law and
due to acquisition of
The Citizenship Act, 1955 citizenship of other not of man.
provides for acquisition and country. Fundamental Rights can be
termination of citizenship after 3. By Deprivation suspended during an emer-
the commencement of the due to false means gency by the Parliament.
Constitution. The Constitution abolishes
Persons entitled to Indian Fundamental Rights untouchability (Article 17) and
Citizenship (Article 14 to 35) its practice in any form is pun-
ishable with the term of 2 years
One who has domicile in India. The concept of Fundamental imprisonment.
One who was born in the Rights has its origin in the ''Bill Article 32 empowers the su-
territory of India. of Rights'' of USA. preme court to issue writs for
One, either of whose parents Part III of the Constitution the enforcement & protection
was born in the territory of deals with Fundamental Rights. of fundamental rights of a per-
India. son if these rights are violated
Fundamental Rights are
One who has been ordinarily justiciable mostly by the state.
resident in the territory of India
for not less than five years.
Immediately preceding the ights
cl as si fi ed th e Fundamental R
commencement of the al Constitution gories.
constitution. The origin no w th er e ar e only six cate
gories. But
into seven cate
Ways to acquire citizenship
They are - 18)
The Citizenship Act of 1955
Right to E qu ality (Article 14
enumerates five ways. (1 ).
- 22)
to Freedom (19
1. By birth (2) Right tion (23 - 24)
against Exploita
2. By descent (3) Right ion (25 - 28)
) Rig ht to Fr eedom of Relig
Natural means (4 l Rights (29-30
)
) C ultu ra l and Educationa
3. By Registration (5 s (31- )
35
st itu tional Remedie
(6) Rig ht to C on tal Rights, was
5 Years continual Stay
er ty, on e of the Fundamen dment
(originally 6 months)
The Right
to Pr op
le ga l ri gh t by the 44th Amen
it is only a
For only P.I.Os taken away and
Also for foreign spouses (1978).
of Indians.
265
Types of Writs Prohibition 4. To defend the country and ren-
This writ is issued by the Su- der national service.
Types of writs are
preme Court or a High Court to 5. To promote harmony and spirit

Habeas Corpus an inferior court forbidding the
of common brotherhood
latter to continue proceedings

Mandamus among all people transcending
in a case in excess of its juris-

Certiorari diction or to usurp a jurisdic- religious linguistic, regional or
tion with which it is not legally sectional diversities, to re-

Quo Warranto vested. nounce practises derogatory to

Prohibition. The Supreme Court exercise the dignity of women.
Habeas Corpus the power to issue writs under
6. To value and preserve the rich
Article 32 and High Court ap-
(to have the body) plies such a power under Ar- heritage of our composite cul-
It is an order calling upon the ticle 226 of the Constitution ture.
person who has detained an- Supreme Court & High Court 7. To protect and improve natu-
other, to produce the latter be- alone have power to issue ral environment including for-
fore the court in order to let the writs.
court know on what ground he est, lakes, rivers and wild life
has been confined and to set Fundamental Duties and to have compassion to liv-
him free if there is no legal justi- (Article 51-A) ing creature.
fication for the imprisonment.
The Fundamental Duties of 8. To safeguard public property
Mandamus (we command) and objure violence.
Indian citizens were incorpo-
Commands a person to whom rated in the Constitution by
9. To develop scientific temper,
it is addressed to perform 42nd Amendment in 1976 to
some public or quasi public le- humanism and spirit of en-
curb subversive and unconsti-
gal duty which he has refused tutional activities. quiry.
to perform and the performance 10. To strive towards excellence in
Fundamental Duties are mod-
of which cannot be enforced
elled on the Russian Constitu- all fields of individual and col-
by any other adequate legal
remedy. tion. lective activity.

Certiorari Under the new Article 51-A, a 11. Every citizen who is a parent
(to be certified) list of ten duties are enumer- or guardian, to provide oppor-
ated .
Is issued directing the subor- tunities for education to his
dinate court to send up certain 1. To abide by the Constitution child or, as the case may be,
records for review. and respect its Ideals and In- ward between the age of six
stitutions, the National Flag &
Quo Warranto and fourteen years. The 11th
the National Anthem.
(on what authority) Fundamental Duty was added
2. To cherish and follow the noble by the 86th Constitutional
Is a proceeding whereby the ideas which inspired our na-
court enquires into the legal- Amendment Act of 2002.
tional struggle for freedom.
ity of the claim which a party Swaran Singh Committee rec-
asserts to public office, and to 3. To uphold and protect the
sovereignity, unity and integ- ommended the idea of includ-
oust him from its enjoyment if
rity of India. ing charter on Duties.
the claim is not well founded.
266
Executive

The Constitution of dentials of Ambassadors and An ordinance made when both


India states that the High Commissioners. the houses are in session is
Indian Executive is a The President summons, pro- void.
major branch of the rogues the House of The maximum life of an ordi-
Parliament and dissolves the nance can be six months and
Parliamentary form of
Lok Sabha. six weeks in case of non ap-
government. The President has the power proval by the Parliament.
The President, Vice to nominate 12 members to the At present the President's sal-
President, Council of Rajya Sabha and 2 members of ary is fixed at Rs. 1,50,000 and
Ministers, Governor the Anglo- Indian community he is eligible for other allow-
and Attorney General of to the Lok Sabha. ances charged on Consoli-
India are some of the Presidential assent is essential dated Fund of India.
prominent heads in the before a bill becomes an Act.
If the President returns a bill to Election of the
Executive Branch.
the parliament for reconsidera- President (Art. 54)
The President tion, the passage of the bill by
The President is the head of ordinary majority will compel The President of India is elected by
the Indian State. him to give his assent. an electoral college consisting of the
following members.
He is also called the de-jure It is the Parliament that passes
Elected members of both the
head of the State. the state budget during the
Houses of Parliament.
He is the first citizen of India President's rule in a state.
Elected members of the Legis-
and is the symbol of unity, in- The President has the power lative Assemblies of the States.
tegrity and solidarity of the to legislate by ordinance at a Elected members of the Legis-
nation. time when it is not possible to lative assemblies of the Union
Each and every executive ac- have a parliamentary enact- Territories of Delhi and
tion is taken in his name, ment. But to become an Act, Pondicherry.
though he has no direct power the ordinance should be The nominated members of the
over the execution of policies. passed within six weeks of re- State Legislative Councils and
He is elected for a term of 5 assembly of Parliament the nominated members of the
years. In the Constitution of India, legislative assemblies of Delhi
The President of India is the the power of dissolving the and Pondicherry do not par-
Constitutional head of India. Lok Sabha rests with the Presi- ticipate in his election.
The supreme commander of dent. The election is done on the
the defence forces of India is bases of proportional repre-
The term of office of the Presi-
the President. sentation by single transfer-
dent is five years unless he is
Powers of the President able vote.
removed by impeachment or The value of the vote of an
Executive powers, Legislative
powers, Financial powers, Ju- resigns before expiry of the full MLA is decided as follows.
dicial powers, Diplomatic pow- term. He is eligible for re-elec-
tion. Value of the vote of an MLA =
ers, Military powers and Emer-
gency powers. Most important legislative Total population of state 1
The President of India repre- power of the president is the
Total number of elected 1000
sent India in international fo- Ordinance making power (Art members in the State
rums, sends and receives cre- 123). Legislative assembly

The value of the vote of an


267
Prime Minister, Union Ministers, Attorney - General, Qualifications
Comptroller and Auditor General, Judges of the Supreme Citizen of India.
Not less than 35 years of age.
Court and High Courts, Governor of a state, UPSC Chair- Qualified for election as member
man, Chief Election Commissioners, Ambassadors, Deputy of Lok Sabha.
Chairman of members of planning commission etc. are Not holding any office of profit
appointed by President. under the government.
Not a member of Parliament.

The value of the vote of an Any dispute regarding the ther house signed by not less
MP can be decided as follows election of the president or than one-fourth of the total
Value of the vote of an MP= vice-president is decided by number of the house which
the Supreme Court under ar- has made the charges.
Total population of votes ticle 71 of the Constitution. After 14 days, a resolution has
of all MLA' s of all States to be passed in the same house
The procedure for with a 2 3 majority of the total
Total number of elected impeachment (Art. 61)
members of Parliament strength of the house.
The President can be removed Then the other House shall in-
A candidate, in order to be de- from office by adopting an ad- vestigate the charges.
clared elected to the office of dress by not less than 2 / 3 rd Meanwhile the President has
President, must secure a fixed majority of the members of the the right to be represented in
quota of votes. House and to be approved by such investigation.
The quota of votes is deter- a similar majority of the mem- If after the investigation, a
mined by dividing the total bers of the other house. resolution is passed by 2 3
number of valid votes polled The President can also be re- majority of the total strength
by the number of candidates moved from office on the of the House (investigating)
to be elected, plus one and ground of violation of Consti- the president stands im-
adding one to the quotient tution by the process of im- peached.
electoral quota = peachment (Article 61) by giv- If a sudden vacancy occurs
ing 14 days notice signed by due to resignation, death or
Total number of valid atleast 1/4 th of the member of impeachment, the elections are
votes polled the House (either Rajya Sabha held within six months and the
1
1+1 = (2) or Lok Sabha). Vice-President acts as Presi-
14 days notice to be given to dent till new President as-
It is also provided in the Con-
the President in writing by ei- sumes office.
stitution that the candidate to
be declared elected as Presi-
s
dent must receive more than executive power
Art 74 - The esiden t in accor-
50% of the polled valid votes.
e to be ex er cised by the Pr ter an d Council
To be a candidate for the of- ar
vi ce of th e Pr ime Minis
ad
fice of the President, nomina- dance with the
. ydown the
tion must be proposed by of M in iste rs
of th e In di an Constitution la
and 55
atleast 50 elected members and Articles 54 esident.
fo r electing the Pr titutional
to be seconded by another 50 proced ur e
po w er in respect of cons
s no ve to obliga-
electors. This procedure was President ha th A m en dm en t 1971 made it
ll 24 s assent to the
introduced during the Presi- Amendment bi ident to give hi
fo r th e Pr es .
dential election in 1997, when tory mendment Bill
constitutional A
Mr. K. R. Narayanan was
elected.
268
Powers According to article 123, Presi- of the President to withhold his
He is the Chief Executive head dent can promulgate ordinaces assent to a bill and the bill does
of the Indian Union and Supreme when both the Houses of the not become an act.
Commander of the armed forces. Parliament are not in session. It is used in two cases, with
His powers can be classified as un- These ordinances must be ap- respect to private members bill
der. proved by the Parliament and the government bill when
within the six weeks of its re- the cabinet resigns and a new
Executive Powers
assembly. The ordinance can cabinet advises the president
He appoints the senior officials
be effective for a maximum pe- not to give assent to that bill.
of the state like the Prime Minister,
riod of six months and six Examples are, in 1954, Dr.
Ministers, Attorney General, Comp-
weeks. Rajendra Prasad withheld his
troller and Auditor General, Chief
Financial Powers assent to the PEPSU Appro-
Justice, Judges, Governors, Finan- priation Bill.
cial Commissioner, UPSC members. Sanctions introduction of
In 1991, R. Venkataraman with-
Chief Election Commissioner and money bill in the Parliament.
held his assent to the Salary,
other Election Commissioners. All The President lays the Union
Allowances and Pension of
executive action is taken in his budget before the Parliament. members of Parliament Bill.
name. All Union territories are un- To meet the unfore seen expen- Suspensive veto: It is exercised
der the President of India. diture, the President can make when the president returns the
Legislative Powers advance out of the contin- bill for reconsideration.
Nominates 12 members of the gency fund of India. If the Parliament sends back
Rajya Sabha from amongst the Judicial Powers the bill with or without amend-
persons having special knowl- He can grant pardon, reprieve, ments, it is obligatory for the
edge or practical experience in remit the sentences or sus- president to give assent.
respect of literature, science, pend remit or commute punish- This veto is not exercised in
art and social service. ment. the case of money bill because
He nominates two members to He appoints the Chief Justice money bill is introduced in the
the Lok Sabha from the Anglo- and Judges of Supreme Court parliament on the recommen-
Indian community. and High Courts. dation of the president.
Summons and Prorogues the Pocket veto: It is the power of
Veto power of the President the president not to take any
Parliament and dissolve the
Lok Sabha. (Art. 111) action on the bill, pending it
He addresses the Parliament at for an indefinite period. Ex-
When a bill is presented to Presi- amples are in 1986, Zail Singh
the commencement of the first dent for his assent, he may give his
session after each general elec- exercised the pocket veto with
assent, may withhold his assent, or respect to Indian Post Office
tion and the first session of
may return the bill. (Amendment) Bill.
each year. The objective of veto power is The 24th amendment act of
He summons a joint sitting of to prevent hasty and ill-consid- 1971 made it obligatory for the
both the houses of Parliament ered legislation and to prevent president to give his assent to
which is President over by the a legislation which may be un- a constitutional amendment
Speaker of the Loksabha. constitutional. There are four bill.
Assents or with holds his as- types of veto Absolute veto,
sents to any Bill passed by the Qualified veto, Suspensive Emergency
Parliament or return the bill (if veto, Pocket veto. The Constitution of India provides
its is not a money bill or a Con- President of India enjoys the for three types of Emergencies:
stitutional Amendment Biill) for exercise of absolute veto, sus- arising out of civil war, external
reconsideration of the Parlia- pensive veto and pocket veto. aggression or armed rebellion
ment. Absolute veto: It is the power (Article 352);
269
arising out of failure of Consti-
Financial Emergency
tutional machinery in the States
(Article 360)
(Article 356);
arising due to financial crisis The Constitution provides
(Article 360). that if there is a financial crisis
in the country or in any part of
National Emergency Under
the country, the President can
Article 352
declare a Financial Emergency.
The Emergency is declared by This type of Emergency so far
the President. has never been declared.
During the emergency the State
can suspend the fundamental
rights conferred in Part III of the Constitution, he can proclaim this
Indian Constitution. emergency. The President may do
Any proclamation by the Presi- the same when any State has failed
dent is valid only for one month to comply with, or to give effect to,
unless it is approved by both any directions given by the Union The Rashtrapati Bhavan
houses of the Parliament. (Article 365). official residence of the President of India
An emergency provision, un- Justice M. Hidaytullah is the
less revoked, ceases to operate only person to perform the The Rashtrapati Bhavan is the
on the expiration of a period of functions of the President official residence of the President
six months. two times in two different of India, located in New Delhi.
Emergency due to failure of capacities, the first time in
Until 1950 it was known as
constitutional machinery in states 1969 being the Chief Justice
Article 356 (1) states that if the of the Supreme Court and the "Viceroy's House" and served as
President on receipt of a report from second time being the Vice- the residence of the Viceroy of
Governor of a State, or otherwise, President of India in October India. It is at the heart of an area
is satisfied that a situation has 1982. known as Lutyens' Delhi. It is the
arisen in which the government of In the History of Presidential largest residence of any Head of
the State cannot be carried in ac- elections, V.V. Giri is the only
the State in the world.
cordance with the provisions of the person who won the election

First Presidential election 1962, to elect Dr. Radha Krishnan


First acting President V.V. Giri
Longest term in office Dr. Rajendra Prasad (12 years)
Shortest term in Office Dr. Zakir Hussain
Oldest President in Office R. Venkata Raman (76 years)
Youngest president in office Neelam Sanjiva Reddy (64 years)
Acting Presidents V.V. Giri, Justice Mohammad Hidayatullah, B.D. Jatti.
Died while in office Dr. Zakir Hussain, Fakhruddin Ali Ahmed.
Only Chief Justice to act as president Justice Hidayatullah.
42nd amendment states that the President is bound by the advice of the council of
ministers.
44th amendment states that the President can ask the council of ministers to recon-
sider its advice.
Disputes regarding presidential/vice-presidential election are decided by the Su-
preme Court.
270
of the President as an and before the end of that pe- per month.
independent candidate in riod a new President will be However when he acts as the
1969. elected. president, he can enjoy the
In July 1977, Neelam Sanjeeva Vice Presidents VV Giri and salary and allowance of the
Reddy was elected B.D. Jatti acted as President. President.
unopposed as no one else A formal impeachment is not Vice President is also eligible
filled nomination for the post required for the removal of Vice for re election to that office. He
of the President. President. He can be removed may be elected for any number
by a resolution of the Rajya of times (Dr. S. Radha Krishnan
The Vice President Sabha passed by an absolute was elected for a second term).
majority (ie. a majority of the Removal of Vice-President
The Vice-President of India is
total members of the House)
the second-highest ranking He can be removed by a reso-
and agreed to by the Lok
government official after the lution of the Rajya Sabha
Sabha.
President. passed by an absolute major-
Krishna Kant was the first Vice
Vice President is the ex-officio ity. (Majority of the total mem-
President to die in office.
Chairman of the Rajya Sabha. bers of the House).
Election is the only constitu-
Article 63 of the Constitution This resolution however must
tional remedy on the death of
of India provides for a Vice- be agreed to by the Lok Sabha.
a Vice President. There is no
President. Before moving such a resolu-
provision for temporary filling
The office of Vice President is tion a 14 days advance notice
of the post. The most impor-
modelled on the times of Ameri- has to be given.
tant duty of the vice president
can vice-president. The vice-president can hold
is to act as the Chairman of
Rajya Sabha. office beyond his term of five
Vice President is elected by years until his successor as-
Vice President draws his regu-
an electoral college of mem- sumes charge.
lar salary in the capacity as the
bers of both the Houses He is also eligible for re-elec-
ex-officio Chairman of the
(Rajya Sabha and Lok tion (Dr. S. Radhakrishnan was
Rajyasabha.
Sabha) of the parliament by elected for a second term).
Present salary is Rs.1,25,000
single transferable vote by
secret ballot of the Parlia-
ment. Nomination of the can- Officials Term of Salary
Emoluments Office (per month)
didate for election to the of-
fice of Vice-president must
President 5 years 1,50,000
be subscribed by atleast 20
electors as proposers and Vice President 5 Years 1,25,000
20 electors as seconders. Governor 5 years 1,10,000
Chief Justice of the 5 years/Till he attains 1,00,000
The Vice President shall act as Supreme court the age of 65 years
the President during the latters (which comes first)
absence.
Judge of the 5 years/ Till he attains 90,000
The term of Vice President is 5
Supreme Court the age of 65 years
years. (which comes first)
If the President resigns or dies Chief Justice of the Till he attains 90,000
in office the Vice President High Court the age of 62 years
shall act as the President for a
Judge, Till he attains 80,000
maximum period of 6 months High Court the age of 62 years
271
Functions President. He holds the office To examine and satisfy that the
Chairman of Rajya Sabha for 6 years or till he attains the money allotted by the Parlia-
Presides over the meetings of age of 65, which ever is earlier. ment to the various depart-
Rajya Sabha. Procedure of removal of Comp- ments through the budget has
Maintains decorum and de- troller and Auditor General and been properly spent.
cency in Rajya Sabha. Supreme Court judge is same. To present the proforma in
Allots time to members to Both of them are removed by which the accounts of the gov-
speak. the President, on recommenda- ernments should be shown.
He is not a member of Rajya tion of both the Houses of Par- To direct, supervise and con-
Sabha. liament. trol the activities of Accoun-
Makes use of casting vote (in Comproller and Auditor Gen- tant General in states whose
case of tie). eral of India duty been to examine and sat-
Acts as President in case of va- Vinod Rai isfy that the money allotted by
cancy in the presidential office Main Function of CAG is to the legislative assembly of the
for a maximum period of 6 monitor the expenditure, or in state to various departments is
months. (Then he does not do other words he can be called to be properly spent.
his functions as the chairper- the guardian of public purse. To secure as the Friend, Phi-
son of Rajya Sabha). In case of state, the report is losopher & Guide of the Pub-
The constitution however has submitted before the Gover- lic Accounts Committee of the
not assigned any significant nor. Parliament.
function to the vice-president The Constitution provides for CAG submits three Audit re-
in that capacity. the Comptroller & Auditor Gen- ports to the President - Report
This office in actuality was cre- eral the guardian of public fi- on appropriation accounts,
ated with a view to maintain the nances and to serve as the Chief Audit Report on final ac-
political continuity of the In- Accounts Officer of the counts, Audit Report on Pub-
dian State. Govrnment of India. He is a se- lic undertakings.
With regard to emoluments the nior administrative official ap- CAG is an agent of Parliament
constitution has not fixed any pointed by the President, retir- and conducts audit of expen-
amount for the Vice-President ing at 65 years. diture on behalf of the Parlia-
in that capacity. Removal by the President only ment. Therefore, he is respon-
Qualifications in accordance with the proce- sible only to Parliament.
Citizen of India. More than 35 dure mentioned in the Consti- Attorney General (Art. 76)
yrs of age. Possess the qualifi- tution. Thus he does not hold
cation for membership of Rajya his office till the pleasure of the Art. 76 provides for the officer
Sabha. Not hold any office of President, though he is ap- of the Attorney General of
profit under union, state or lo- India.
pointed by him.
cal authority. However, for this Give advice to the Govt. on
CAG is not eligible for further
legal matter when referred to
purpose, the President, Vice- office either under Government
him by the President.
President, Governor of a State of India or of any state, after
He appear in the Supreme
and a Minister of the Union or he ceases to hold his office.
Court on behalf of the Govt. of
a State, are not held to be hold- His salary and other service India.
ing an office of profit. conditions are determined by Highest law officer of India.
the Parliament. His salary is
Comptroller & Auditor Appointed by the President.
equal to that of Judge of the He must be qualified to be
General (Article 148) Supreme Court. appointed as judge of the
Comptroller and Auditor Gen- His primary functions are: Supreme Court.
eral (CAG): Appointed by the
272
Usually he resigns when the officio Chairman of the Plan-
Govt. resigns or replaced. ning Commission.
His remuneration is not fixed The Prime Minister is the Prime Minister is
but determined by the leader of the Lower House of the ex-officio Chairman of
President. the Parliament. the Planning Commission,
Has the power to speak and President can appoint only National Development Coun-
take part in the proceedings of those persons as ministers cil, National Integration
the parliament, without the who are recommended by the Council and Inter-state
right to vote. Prime Minister. Council.
Present A.G.: Goolam E. Pandit Jawaharlal Nehru had
Vahanvati the longest tenure as Prime
Minister for nearly 17 years Ministers is described as
The Prime Minister and Vajpayee the shortest (13 Primus Inter Pares i.e. first
days). among equals.
The Prime Minister is ap- Article 74 (1) state that the Prime
pointed by the President [Ar- Article 78 expounds the duties
Minister shall be 'at the head'
ticle 75 (1)] and functions of the Prime
of the Council of Ministers.
Prime Minister is the real ex- Minister.
As a chairman of the cabinet,
ecutive authority (de facto ex- He advises the President with
he summons its meeting and
ecutive) regard to the summoning and
presides over them.
The President invites the proroguing of the sessions of
The resignation or death of an
leader of the majority party or
incumbent Prime Minister au- the Parliament.
the leader of the coalition to
tomatically dissolves the coun- In relation to the Parliament
form the Government.
cil of ministers. But the resig-
India, as a Parliamentary de- He is usually leader of the
nation or death of any other
mocracy, the real power vests lower house.
ministers merely creates a va-
in the hands of Prime Minister. He influences the foreign
The Council of Ministers in cancy which the Prime Minis-
ter may or may not like to fill. policy of the country.
India is presided over by the
The position of the Prime He meets various people and
Prime Minister.
Minister in the Council of listens to their problems.
The Prime Minister is the ex-
He is the leader of the party in
power.
Youngest Prime Minister of India: Rajeev Gandhi He is the political head of the
The Prime Minister who ruled for the shortest term: Charan Singh Civil Services.
Oldest to be the Prime Minister. Morarji Desai
First woman prime minister of India: Indira Gandhi In relation to the President
(Sirimavo Bandaranaika of Sri Lanka was the first woman prime He is the channel of communi-
minister in the world). cation between the President
Prime Minister who did not face parliament: Charan Singh and the Council of Ministers.
First acting Prime Minister: Gulzarilal Nanda (Interim PM on two
He advises the President with
occasions - After the demise of Jawaharlal Nehru and again after
the sudden demise of Lal Bahadur Sasthri) regard to the appointment of
Longest term as Prime Minister: Jawaharlal Nehru important officials like Attor-
Shortest term as Prime Minister: A.B. Vajpayee ney General, Chairman and
First Bachelor Prime Minister: A.B. Vajpayee members of UPSC, Election
First minority Government: V.P. Singh government Commissioners, Chairman and
First non-Congress government: Morarji Desai government members of Finance Commis-
(Janatha Party) sion etc.
273
In relation to the First Union Cabinet (Important Persons)
Council of Ministers Prime Minister ................................................. Jawaharlal Nehru
He recommends ministers to Deputy Prime Minister .......................................... Vallabhai Patel
the President. Home Minister ...................................................... Vallabhai Patel
He allocates and reshuffles Finance Minister ..................................... RK.Shanmugham Chetti
various portfolios among Industry Minister ............................................ M. Visweswaraiha
ministers. Defence Minister .................................................... Baldev Singh
He may ask a minister to re- Railway Minister ......................................................... L.B. Sastri
External Affairs Minister ................................... Laxmi N. Menon.
sign or advice the President
Education Minister ......................................... Abdul Kalam Azad
to dismiss a minister. Health Minister ..... Rajkumari Amrit Kaur (Princess of Kapurthala)
He presides over the meeting Law Minister .................................................. Dr. B.R. Ambedkar
of the Council of Ministers. Non Congress Member in the First Council of Ministers.
He guides, directs and con- Ambedkar, Shyama Prasad Mukerjee, John Mathai, C.H.
trols the Council of Ministers. Bhabha, Shanmugam Chetti.
He may bring the collapse of
the Council of Ministers by
resigning. LEGISLATURE
FIRST IN INDIA Union Council of Ministers
In India there are two types of executives:
First Budget of Free India
1. constitutional or ceremonial (President)
By R.K. Shanmukhan Chetty in 2. the real executive namely the Union Council of Minister headed by
1947, Nov. 26 Prime Minister.
First General Budget presented Our system of government is called as parliamentary because the real
by C.D. Deshmukh on May executive namely the Union Council of Minister emerges out of par-
23, 1952 liament and is answerable and responsible to it, it shall continue in
First dissolution of Lok Sabha. office so long as it continues to command the majority of the house
4th Lok Sabha in 1971. and shall go out of office if it loses its majority there.
First Rajya Sabha adjournment Article 74 - says that the President shall exercise his power on the
In December 1995 for want of aid and advice of the union council of ministers with the Prime Min-
quorum (25 members need for ister as its head.
a sitting) In case, a no -confidence motion is passed against any minister, the entire
Most confidence motions. Council of Ministers resign.
11th Lok Sabha saw four con- A minimum of 50 members support is required to present a no-confi-
fidence motions dence motion in the floor of the house.
First Speaker to address the In India, there are 3 types of Ministers in the Union Council of Min-
House - P.A. Sangma isters namely, the Ministers with Cabinet rank, Ministers of the State
First vice chairman of Rajya and the Deputy Ministers.
Sabha: S.V. Krishnamoorthy The Cabinet consists of the Prime Minister and other cabinet ranking
(1952) ministers and its meeting are presided over by the President.
The salaries and allowances of ministers are determined by Parlia-
Longest term as Rajya Sabha
ment from time to time.
chairman:Dr. S. Radhakrishnan
The Primary function of the union council of ministers include super-
(1952 - 1962)
vision of the day to day administration of the country, preparation of
First woman General Secretary the bills and the budget, answering questions raised on the floor of
of Rajya Sabha : V.S. Rama Devi the house, advising the President on the matter of administration etc.
Longest tenure in one port fo- When the Lok Sabha passes a no-confidence motion against the
lio : Rajkumari Amrit Kaur council of ministers all the ministers have to resign including those
(Health Minister ) 1947-1957 ministers who are from Rajya Sabha.
274
Cabinet vs Council of Ministers
Council of ministers Cabinet
It is a wider body consisting of 60 to 70 minis- It is a smaller body consisting of 15 to 20 minis-
ters. ters.
It includes all the three categories of ministers, It includes the cabinet ministers only. Thus, it is
that is, cabinet ministers, ministers of state, and a part of the council of ministers.
deputy ministers.
It does not meet, as a body, to transact govern- It meets, as a body, frequently and usually once
ment business. It has no collective functions. in a week to deliberate and take decisions re-
garding the transaction of government busi-
ness. Thus, it has collective functions.
It is vested with all powers but in theory. It exercises, in practice, the powers of the coun-
cil of ministers and thus, acts for the latter.
Its functions are determined by the cabinet. It directs the council of ministers by taking pol-
icy decisions which are binding on all minis-
ters.
It implements the decisions taken by the cabi- It supervises the implementation of its decisions
net. by the council of ministers.

It is a constitutional body, dealt in detail by the It was inserted in Article 352 of the Constitution
Articles 74 and 75 of the Constitution. Its size in 1978 by the 44th Constitutional Amendment
and classification are, however, not mentioned Act. Thus, it did not find a place in the original
in the Constitution. Its size is determined by text of the Constitution.
the prime minister.
It is collectively responsible to the Lower House of It enforces the collective responsibility of the
the Parliament. council of ministers to the Lower House of Par-
liament.
275
THE PARLIAMENT OF INDIA (THE UNION LEGISLATURE )
Lok Sabha (Art. 81) The Parliament is the highest law making body of India and is
bicameral with two houses namely (i) Lok Sabha (House of
It is the third integral part of
people) (ii) Rajya Sabha (Council of States)
Indian Parliament. It is also
known as the lower house, first The Lok Sabha is also known as the House of the People or
chamber or popular House. It the Lower house.The Rajya Sabha is also known as Council of
represents the people of India States or the Upper house. Unlike Lok Sabha, it is not subject to
as a whole. dissolution. Three sessions of Lok Sabha take place in a year:
The Lok Sabha held its first Budget session: February to May, Monsoon session: July to
sitting on May 13, 1952 September, Winter session: November to December.
A non member of the house
(Lok Sabha) can also be nomi- The term Parliament originated from the French word 'parler'
nated as the Prime Minister on which means 'to discuss', 'to talk' etc.
condition that he should
qualify to become a member of 2 from Anglo Indian commu- supplementories.
either house of parliament nity = 552) Moving of adjournment
within a period of 6 months. Population is the basis of Lok motion and criticize the
The Lok Sabha can be dis- Sabha constituencies. A con- Government
solved by The President. stituency is for 10 lakh voters. Impeachment of the
A person can be debarred from But it is difficult to keep this President.
taking his seat in the house if limit. Introduction of the
he has been absent without the The Lok Sabha is popularly Money bill with the prior
permission of the House for elected whereas the Rajya permission of the
more than 60 days. President.
Sabha is indirectly elected and
The Lok Sabha is the lower Lok Sabha General Election
nominated.
house or the first chamber and 1st Lok Sabha ..................... 1951
The 61st Amendment (1989) re-
Rajya Sabha is the upper house 2nd Lok Sabha .................... 1957
duced the voting age from 21
or the second chamber. 3rd Lok Sabha .................... 1962
years to 18 years.
The first no confidence motion 4th Lok Sabha .................... 1967
A member of Lok Sabha must
moved in the Lok Sabha after 5th Lok Sabha .................... 1971
Independence was in 1963. have the following basic quali-
fications. 6th Lok Sabha .................... 1977
The Present Lok Sabha is the 7th Lok Sabha .................... 1980
14th, the total members is 545. He must be a citizen of In-
8th Lok Sabha .................... 1984
(530 from states, 13- from union dia. Must be 25 years of age.
9th Lok Sabha .................... 1989
territories, 2 from Anglo Indian Must possess qualifications
10th Lok Sabha ................... 1991
community). prescribed by the Parliament.
11th Lok Sabha ................... 1996
A recent legislation by Parlia- The major functions that the
12th Lok Sabha ................... 1998
ment has fixed that upto 2026 Lok Sabha does are
13th Lok Sabha ................... 1999
the existing number of the Enactment of Laws.
14th Lok Sabha .................. 2004
members of the Lok Sabha Passing of Vote of
15th Lok Sabha ................... 2009
should not be raised and that Confidence.
this figure shall continue. Controlling the finance of
the Union Government The Lok Sabha has its own TV
Constitutionally the maximum channel, Lok Sabha TV, head-
number in Lok Sabha is 552 Eliciting information by
asking questions and quartered within the Parliament
(530 from states, 20 from UTs, premises.
276
Functions of the Parliament Presiding Officers
The most important function of the Parliament is to legislate i.e, Both Houses of Parliament
make legislations for the development which benefits the society. have their respective
The second most important function is to exercise control over the presiding officers.
Executive. Lok Sabha has the Speaker,
The Parliament provides the Council of Ministers as the Ministers the deputy speaker and
panel of chairpersons.
are the Members of the Parliament.
Rajya Sabha on the other
It has financial control over the Executive. The Parliament is the sole
hand has a Chairman, a Vice-
authority to raise taxes.
Chairperson and a panel of
It provides an opportunity to deliberate on various policies and
Vice- Chairpersons.
measures before their implementation. Thus, the Parliament is also
an authoritative source of information, collected and disseminated
through the debates and through the specific medium of Questions
to the Ministers. Rajyasabha K. Rahman Khan
Chairman
Rajya Sabha (Article 80) after every two years and the The Vice-President of India is
same number of members are the ex-officio chairman of the
The Rajya Sabha was first consti- Rajya Sabha. He presides
elected after every two years.
tuted on April 3, 1952. over the proceedings of the
The members of Rajya Sabha
Rajya Sabha is also known as Rajya Sabha as long as he
are elected for a term of six
upper house, second chamber, does not act as the President
years.
or the House of Elders. of India during a vacancy in
Chairman of the Rajya Sabha
The time - gap between two the office of the President.
can be removed from his office
sessions of Parliament must
only if he is removed from the Deputy Chairman
not exceed 6 months
office of the Vice President. The Deputy Chairman is
The name Rajya Sabha was
Each state get a representation elected by the Rajya Sabha
adopted by the Council of
in Rajya Sabha on the basis of from amongst its members. In
States in 1954.
its population of the previous the absence of the Chairman,
The Fourth Schedule of the
census. Deputy Chairman presides
constitution deals with the al-
Puducherry and the NCT of over the functions and
location of seats in the Rajya
Sabha to the States and Union Delhi are the UTs having proceedings of the House.
territories. representation in the Rajya Panel of Vice Chairpersons
The Council of States (the up- Sabha. Puducherry has one The Chairman of the Rajya
per house) is composed of not member and Delhi has three. Sabha nominates a panel of
more than 12 members nomi- UP has the largest membership, Vice- Chairpersons under the
nated by the President and not i.e, 31 Rules of Rajya Sabha.
more than 238 representatives Rajya Sabha can exercise a spe- Any one of them can preside
of the States and the Union cial power in relation to a sub- over the house, when both
Territories elected by the ject included in the state list. chairman and vice- chairman
method of indirect election. Deputy Chairman of are absent.
Total number of members is
250.
The original Constitution, under Art. 83, envisaged the normal
Rajya Sabha cannot be dis- tenure of the Lok Sabha to be 5 years. However, Parliament by 42nd
solved. It is a permanent body. Amendment extended it to six years, but the 44th Amendment Act
Its one-third members retire again fixed the original normal tenure of five years.
277
Speaker Lok Sabha Constituencies in states
The Presiding officer of the Delhi (State) ........................................................................ 7
Lower House is the Speaker. Andhra Pradesh ................................................................. 42
The Speaker is the ex-officio Arunachal Pradesh .............................................................. 2
chairman of the Business Ad- Assam ............................................................................... 14
visory Committee and the Bihar .................................................................................. 40
Rules Committee. Chandigarh (Union Territory) ............................................... 1
The Speaker is elected by the Chhattisgarh (State) ........................................................... 11
members of the Lok Sabha from Dadra and Nagar Haveli (Union Territory) ............................ 1
among themselves. Daman and Diu (Union Territory) ......................................... 1
Andaman and Nicobar Islands (Union Territory) .................. 1
If the office of the speaker falls
Goa ..................................................................................... 2
vacant the Lok Sabha elects
Gujarat ............................................................................... 26
another member. The date of
Haryana ............................................................................. 10
election of Speaker is fixed by
Himachal Pradesh ................................................................ 4
the President.
Jammu and Kashmir ............................................................. 6
He resigns by writing to the Jharkhand .......................................................................... 14
Deputy Speaker. Karnataka ........................................................................... 28
If there is a dead lock between Kerala ................................................................................ 20
the two houses in passing a Lakshadweep (Union Territory) ............................................ 1
bill other than a money bill, the Madhya Pradesh ................................................................ 29
President shall call for a joint Maharashtra ....................................................................... 48
sitting of the two houses for Manipur .............................................................................. 2
resolving the difference and in Meghalaya .......................................................................... 2
such a joint sitting the Speaker Mizoram .............................................................................. 1
shall preside the meeting. Nagaland ............................................................................ 1
Normally the Speaker has no Orissa ................................................................................ 21
right to vote in the house, but Puducherry (Union Territory) ............................................... 1
he can exercise a casting vote Punjab ............................................................................... 13
if there is a tie in passing a bill, Rajasthan ........................................................................... 25
resolution etc. Sikkim ................................................................................. 1
Whenever LokSabha is dis- Tamil Nadu ......................................................................... 39
solved, the speaker does not Tripura ................................................................................ 2
vacate his office and contin- Uttarakhand ........................................................................ 5
ues till the newly elected Lok Uttar Pradesh ..................................................................... 80
Sabha meets. West Bengal ....................................................................... 42
Speaker decides whether a bill
is a money bill and his deci-
sion in this question is final.
ments
He decides the questions of Official Docu................................................ Brigitaum
in
... .. Japan & Bel
disqualification of a member of Blue Book ...... ........................
... ... ... ... Persian
the Lok Sabha on the ground Grey Boo k ...
... ... ... ... ... ... .......... Italian &
Green Book ......
... ... herlands
of defection under the provi-
... ... ... ... ... ... ................. Net
Orange Book ...
... ... & China
sions of the Tenth Schedule.
... ... ... ... ... ... ......... Portugal
... ... France
In the absence of the Speaker, White Book ...... ... ... ... ... ... ... .......................
Yellow Book ...
...... ... ..... India
the Deputy Speaker shall exer-
... ... ... ... ... ... ... ........................
...
cise his duties and that he is White Paper ...
278
ha
a S a b ha a nd Lok Sab
jy
mp a r is on between Ra
C o Lok Sabha Lower House
of Par-
Council of the
aj ya Sa bh a of Pa r- 1. It is the
R Hou se liament. ch 530
is th e C ou nc il of the U pper st reng th is 552, out of whi nion
1. It 2. Maximum and 20 repres
ent U
liament. is 25 0. 12 members who re pr es ent the states e no m in ated from the
strength d cul- m embers ar
2. Maximum hed themselv es in ar t an Te rrito ries . 2
have distinguis community.
at ed by th e President. Anglo-Indian ber one must no
t be below
ture are nom in co m e a m em
3. To be
a ca nd id ate must be over 25 years. the Speaker.
e a mem be r, ing Officer is
3. To becom 4. Th e Pr esid
30 years old. es ides over the
Rajya
has a tenure of
five
T he V ic e Pr es id en t pr
Th e Lo k Sabha usually
4. 5.
Sabha.
aj ya Sa bh a ha ve a tenure of years.
of the R every ved by the Pres
i-
5. Members th ird of its m em be rs retire
bh a can be dissol
six ye ars. O ne 6. Th e Lo k Sa
two years. power over a dent. Lok Sabha.
t bo dy . It ha s no ar e in troduced only in s
6. It is a pe rm an en Mon ey bi lls bha who decide
bi ll. bi ll for It is th e Sp ea ker of Lok Sa no t.
money e money is a money bill
or
can withhold th whether a bill
At the most it
over 14 da ys.

the Lok Sabha. ministers oath of office to the


If he resigns by writing to the newly elected members.
elected by the members of the deputy Speaker.
house from among themselves. If he is removed by the resolu-
Second Lok Sabha speaker to tion passed by a majority of the The major functions of the
die in harness - G.M.C members of Lok Sabha (14 days Speaker are
Balayogi. First one to die in notice with a support of 50 To maintain order and decorum.
harness was the first speaker members). To interpret the provisions of (a)
G.V. Mavlankar. Whenever the house meets to the constitution, (b) Rules of
The Speaker derives his power remove the Speaker, he cannot Procedure and conduct of Busi-
from the consitution, the Rules preside over the sitting of the ness in the Lok Sabha, (c) the
of Procedure and conduct of house. Parliamentary conventions
business of Lok Sabha and However he may take part in within the house.
Parliamentary Conventions. the proceedings and vote ( not To adjourn or suspend the meet-
The term of the Speaker is from in case of equal vote). ing of the House.
the date of election to that of- To exercise casting vote in case
fice to the date of the com- Protem Speaker
of tie.
mencement of the first session Since the Speaker vacates his
To preside over joint sitting.
of the new parliament. office when the new Lok Sabha
The speaker tenders his resig- meets, the constitution pro- To allow a secret sitting of the
nation just before the begin- vides that the President may House.
ning of the first session of the appoint a member as the To decide the questions of dis-
new parliament. Speaker Protem (Usually the qualifications of a member of
The early termination of the senior most member). Lok Sabha.
Speakers tenure can be brought The President himself admin- To decide whether a bill is money
in by three factors. isters oath of office to him. bill or not.
If he ceases to be a member of In the new Lok Sabha he ad- To act as the ex-officio chairman
279
of the Indian Parliamentary Speaker and Deputy Speaker new session.
Group of the Inter- Parliamentary fall vacant. Adjournment
Union. In this case the President may A sitting of Parliament can be
To appoint the chairman of all appoint a person for presiding terminated by adjournment.
the Parliamentary Committies of over the House. An adjournment suspends the
Lok Sabha. work in a sitting for specified
To act as the Guardian of the SESSIONS OF time which may be days or
privileges of Lok Sabha mem- weeks.
bers.
PARLIAMENT Adjournment Sine die
The President of India summons It means terminating a sitting of
Deputy Speaker each House of Parliament to meet. Parliament for an indefinite pe-
Deputy Speaker is also elected The maximum gap between two riod.
by the Lok Sabha and his date sessions of Parliament cannot The Presiding officer usually
of election is fixed by the be more than six months. declares it when the business
speaker. Thus the Parliament meets twice of a session is completed .
a year. Prorogation
He assumes Speakers office in
There are usually three sessions It is the power of the President
the absence of the Speaker.
in a year. (1) The Budget ses- to terminate a session of the
However he is not subordinate
sions (February to May) (2) The House.
to the Speaker because he is
Monsoon sessions (July to It doesnot however affect the
directly responsible to the
September) (3) The Winter Ses- bills pending before the House;
House. sion (November to December).
Panel of Chairperson : The but the notices lapse.
A session of Parliament is the Dissolution
Speaker under the Rules of Lok period spanning between the Dissolution ends, the very life
Sabha nominates a panel of ten first sitting of House and its of a House.
chairpersons. prorogation or dissolution. Rajya Sabha, being a permanent
Any of them may preside over There are various terms in re- body is not affected by it.
the House in the absence of lation to the parliamentary ses- All bills, motions, resolution no-
both Speaker and Deputy sions. They are tices, petitions, and its com-
Speaker. Recess mittees lapse when the House
However a member of this It is the period, spanning be- is dissolved.
panel cannot preside over the tween the prorogation of a Quorum
House when the offices of the House and its reassembly in a It is the minimum number of mem-

Article 108: Joint Sitting of the Parliament


It is an extraordinary device to resolve a dead- date of receipt of the bill by the other house with-
lock between the two Houses over the passage out the bill being passed by it.
of a bill. It is the President who summons the Article 108 of the Constitution makes provisions
joint sitting and it is presided over by the Speaker for the Joint Sitting of both houses in order to
of Lok Sabha. This device is applicable to ordi- remove deadlock or differences between the two
nary bills and finance bills only. A deadlock over houses with respect to ordinary bills.
bills comes into being in the following situa- Lok Sabha speaker presides over the joint sitting.
tions. Since 1950, the provision regarding the joint sit-
If the bill is rejected by the other House. ting of the two houses has been invoked only
If the Houses have finally disagreed as to the three times for passing Dowry Prohibition Bill
amendments to be made in the bill. 1960, Banking Service Commission (Repeal) Bill
If more than six months have lapsed from the 1977, POTA Bill 2002.
280
bers required to be present in detailed discussion of the bill First budget of free India by
the House before it transacts and often every sentence is R.K. Shanmukham Chetty on
any business. Quorum is fixed passed with the approval of the November 26, 1947.
at one tenth of the strength in members and voted. First General budget by
each House (Lok Sabha -55, 5th stage: This is the final
C.D. Deshmukh on May 23,
Rajya Sabha-25) stage. The bill will be given a 1952.
Lame -Duck - Session third reading, oral amendment
First dissolution of Lok Sabha
It refers to the last sessions of can be introduced which may
4th Lok Sabha in 1971.
the existing Lok Sabha after a or maynot be accepted and af-
new Lok Sabha has been ter a general voting of the bill
elected. it will be declared as passed Railway Budget is prepared by
Lame Ducks and the presiding officer of the the Railway Minister and Gen-
It refers to those members of house shall sign it. eral Budget is prepared by the
the existing Lok Sabha who A similar process takes place Finance Minister.
could not get elected to the in the other house also and Line - item Budgeting, Perfor-
new Lok Sabha. then the bill will be presented mance Budgeting, Programme
Law making procedure of before the President for his Budgeting and Zero-based
Indian Parliament assent. Once the bill gets his Budgeting are the types of
assent, it becomes an Act. budgeting.
Every bill before becoming law
By a verdict given by a divi- The financial year commences
has to undergo five stages
sion bench headed by former in India on 1st April each year.
within the House of the Parlia-
Chief Justice V.K. Sabarwal the The Budget speech of the Fi-
ment.
parliament has given Supreme nance Minister is usually in
The five stages are
power to oust MPs. two parts. Part A deals with
Ist stage: At the first stage the
general economic survey of
bill will be introduced by the Budget (Article 112) the country while Part B relates
concerned minister and it will Budget is known as the, to taxation proposals.
be given first reading. Annual Financial Statement.
2nd stage: The bill is printed It is an estimate of all antici-
and a copy of each is supplied pated receipts and expen-
to the members of the house diture of the union for Vote on Account
and bill will be given the sec- the coming financial (Art. 116)
ond reading and will be fol- year. This empowers the Lok Sabha to
lowed by a general discussion Budget is laid be- make any grant in advance for a part
of the bill. of any financial years to meet the
fore parliament in expenditure of the Govt. between the
3rd stage: The bill will be the name of the introduction and passage of budget. It is
passed on to a Select Commit- parliament. passed usually after the General discus-
tee generally comprising of 15 It is the key re- sion on the Budget. Normally, the Vote on
to 30 members and this stage sponsibility of Account is taken for two months only. But
is called Committee Stage. the Parliament to during election year or when it is antici-
4th stage: The committee col- pass the national pated that the main Demands and
lects all data, interviews per- Appropriation Bill will take longer time
budget.
sons and reports the bill back than two months, the Vote on
Budget is pre- Account may be for a period
to the house and this stage is sented on last work- exceeding two months.
called Reporting Stage. At this ing day of February of
stage there is a thorough and every year.
281
Public Bill vs Private Bill
Public Bill Private Bill
1. It is introduced in the Parliament by a minister. 1. It is introduced by any member of Parliament other
2. It reflects of the policies of the government than a minister.
(ruling party). 2. It reflects the stand of opposition party on public
3. It has greater chance to be approved by the matter.
Parliament. 3. It has lesser chance to be approved by the
4. Its rejection by the House amounts to the Parliament.
expression of want of parliamentary confidence 4. Its rejection by the House has no implication on
in the government and may lead to its the parliamentary confidence in the government
resignation. or its resignation.
5. Its introduction in the House requires seven 5. Its introduction in the House requires one
days notice. months notice.
6. It is drafted by the concerned department in 6. Its drafting is the responsibility of the member
consultation with the law department. concerned.

The Annual Financial State- 4. Report stage : The committee


ment is laid on the Table of submits report to the House.
Rajya Sabha at the conclusion March Rush Voting takes place at this stage.
of the speech of the Finance The financial grants lapse Amendment possible.
Minister in Lok Sabha. at the end of financial year. 5. Third Reading : A general
Enactment of Budget So, it leads to a heavy rush discussion takes place. No
of expenditure towards the amendment is possible at this
Stages
close of March 31st. It is stage.
1. Presentation of Budget and called March Rush.
Budget Speech. Money Bill (Art. 110)
2. General discussion.
Conditions
3. Voting on demands (general
budget has 109 demands, 103 never opposed in the Lok 1. Anything regarding tax and
for civil expenditure, 6 for Sabha. taxation.
defence expenditure- Railway 2. Regulation of the borrowing of
Ordinary Bill
budget has 32 demands.) money by the Govt.
All the bills, other than 3. Custody of C.F.I. &
4. Passing of Appropriation Bill Financial Bills, Money Bills and the
5. Passing of Finance Bill. Constitutional Amendment Bills are Contingency Fund.
ordinary Bills. 4. Appropriation of money from
Appropriation Bill
It can be introduced in C.F.I.
After the demands for grants 5. Declaration of expenditure.
either house. It has to under go the
are approved by the Lok Sabha following stages. 6. Custody of money
an appropriation bill is
1. First Reading : Title of the bill The Speaker decides if a bill is
introduced in the House. is read and a speech is made. a money Bill.
Appropriations out of the 2. Second Reading : The Principle Money bill can be introduced
Consolidated Fund of India can of the bill is discussed as a
be made only after the passage only in Lok Sabha.
whole.
of appropriation bill. Rajya Sabha has no say on
3. Committee stage : The bill is
It may be noted that the referred to the appropriate Money Bill and has to return
introduction of such bill is committee. within 14 days.
282
Important Parliamentary Committees
Speaker of Lok Sabha is the ex-
THE STANDING Parliamentary committees
officioChairman.
COMMITTEES are of two kinds
In the Rajyasabha the Busi-
The work of the Parliament is Standing Committee &
ness Advisory Committee has
made easy and efficient by the Adhoc Committees.
11 members including the chair-
operation of various commit- The Standing Committee man as its ex-officio chairman.
tees. are permanent in
There are various committees nature, whereas the The Rules Committee
functioning in the Parliament Adhoc Committees are It lays down and amends rules
particularly the Lok Sabha. constituted for a of procedure for conducting
The leading committees of Lok particular function and the functions of the house.
Sabha are listed below. get dissolved automati- 15 members are in the commit-
tee.
The Business Advisory cally after the comple-
Committee tion of their work. The The ex-officio chairman - Speaker
of Lok Sabha.
Concerned with planning and principal Ad hoc
In Rajyasabha the Rules com-
regulation of the business of Committees are the
mittee has 16 members includ-
the house. Select and Joint ing the chairman as its ex-offi-
Consists of 15 members. Committees on Bills. cio chairman.

Ordinary Bill Vs Money Bill


Ordinary Bill Money Bill
1. It can be introduced either in the Lok Sabha or the 1. It can be introduced only in the Lok Sab and not
Rajya Sabha. in the Rajya Sabha.
2. It can be introduced either by a minister or by a 2. It can be introduced only by a minister.
private member. 3. It can be introduced only on the recommendation
3. It is introduced without the recommendation of of the president.
the president. 4. It cannot be amended or rejected by the Rajya
4. It can be amended or rejected by the Rajya Sabha. Sabha. The Rajya Sabha should return the bill with
5. It can be detained by the Rajya Sabha for a or without recommendations, which may be
maximum period of six months. accepted or rejected by the Lok Sabha.
6. It does not require the certification of the Speaker 5. It can be detained by the Rajya Sabha for a
when transmitted to the Rajya Sabha (if it has maximum period of 14 days only.
originated in the Lok Sabha). 6. It requires the certification of the Speaker when
7. It is sent for the presidents assent only after being transmitted to the Rajya Sabha.
approved by both the Houses. In case of a 7. It is sent for the presidents assent even if it is
deadlock due to disagreement between the two approved only by Lok Sabha. There is no chance
Houses, a joint sitting of both the houses can be of any disagreement between the two Houses and
summoned by the president to resolve the
hence, there is no provision of joint sitting of
deadlock.
both the Houses in this regard.
8. Its defeat in the Lok Sabha may lead to the
resignation of the government (if it is introduced 8. Its defeat in the Lok Sabha leads to the resignation
by a minister). of the government.
9. It can be rejected, approved, or returned for 9. It can be rejected or approved but cannot be
reconsideration by the President. returned for reconsideration by the president.
283
The Select Committee of the committee are retired and
A bill introduced in the house Public Accounts new members are elected in
at its committee stage goes to a Committee and Estimate their place.
committee called Select Com- Committee together called Committee on the Absence of
mittee and it is meant for a par- the pillars of public finance. Members
ticular bill. As soon as it com- They are the two eyes
pletes its entrusted work, the It examines the leave applica-
which guard the public tion of the members for their
committee is dissolved. finance.
absence from the house.
Committee on Petition
15 members.
Examines petition made by the
member of the house and give
Rajyasabha has no such com-
be disqualified from being mittee.
its opinion for remedial mea- elected as members of Parlia-
sures. Public Accounts Committee
ment or not.
It has 15 members.
It has 15 members (10 from Lok
(PAC)
No minister can be its member. Sabha and 5 from Rajya Sabha) The P.A.C committee was set
Committee on Privileges Committee on empowerment up first in 1921 under the pro-
Primary purpose is to protect of Women. visions of the government of
the privileges or special rights India Act of 1919.
It was constituted in 1997, 30
of the members of the house. members (20 from Lok Sabha Public Accounts Committee is
It has 15 members, nominated and 10 from Rajya Sabha) a joint committee consisting of
by the Speaker. It considers the reports of the 22 members (15 from L.S. & 7
Chairman: Deputy Speaker of National Commission for from R.S.)
Lok Sabha. women. A member of the Council of
Ministers cannot be elected as
Committee on Subordinate Committee on Public under-
Legislature taking member of this committee.
Created in 1964 on the recom- The Chairman of the PAC shall
It ensures the rule making
mendation of the Krishna be the leader of the opposition
power delegated to the minis-
ters and top officials is not mis- Menon Committee. of the Lok Sabha.
used and that the executive Originally it had 15 members (10 The term of office of the com-
faithfully executes the law from Lok Sabha and 5 from the mittee is one year.
passed by the Parliament. Rajya Sabha). In 1974 member- Primary function of PAC are:
15 members. ship was raised to 22 (15 from (i) To examine and satisfy the
Lok Sabha and 7 from money allotted by the Parlia-
No minister can be a member
Rajyasabha). ment to the various depart-
of this committee. It is consti-
It examines and sometimes su- ments through the budget has
tuted every year.
pervises the functioning of been properly spend and that
Joint Committee on Offices of Government owned companies
profit no public money is wasted.
or public undertaking includ-
It examines the composition (ii) To recommend the mea-
ing their finances.
and character of committees sures to be taken for stream-
The Chairman of the Committee
and other bodies appointed lining public finance.
on Public Undertaking is ap-
by the Central, State and Union pointed by the Speaker from the The Comptroller and Auditor
Territory. Lok Sabha members elected to General of India serves as the
It recommends whether person the committee. friend, philosopher and guide
holding these offices should Every year, one fifth members of Public Accounts Committee.
284
Estimate Committee subjects to increase efficiency. Ad hoc Committees
Committee of 30 members (all Public Accounts Committee, The Railway Convention Commit-
from Lok Sabha) are elected on Estimate committee and Com- tee is an ad-hoc Committee. The
the principle of proportional mittee on Public Undertaking main function of the Committee is
are the three financial com- to review the Rate of Dividend pay-
representation, for one year
mittees of the Parliament. able by the Railways undertaking
term. A minister can't be elected
Parliamentary Committees are to General Revenues as well as
to the committee.
appointed by the respective other ancillary matters in connec-
Its chairman is nominated by tion with the Railway Finance vis-
Houses themselves or by their
the Speaker belongs to the a-vis the General Finance and make
presiding officers.
opposition in the Lok Sabha recommendations thereon.
The Speaker appoints the
However, if the Deputy The Committees on the Draft Five
Chairman of all the
Speaker of the Lok Sabha, is Year Plans and the Hindi Equiva-
Parliamentary Committees.
also a member of the Commit- lents Committee were appointed for
tee, he automatically becomes In addition to these committees specific purposes.
the Chairman of the Commit- there are 17 Department Re-
tee. lated Committees. Its primary
function is to study in detail General Purposes Committee
The functions of the Estimate
the first part of the Budget Members (In both Houses)
Committee is to scrutinize the
dealing with the expenditure of 1. Speaker / chairman
budget estimates for the year,
the government which is intro- 2. Deputy speaker / deputy
to suggest economy in expen-
duced normally on 20th Feb- chairman
diture, improvement in
ruary every year. 3. Members of panel of chair
organisations and other
persons.
4. Chairperson of all departmental
Department related committees standing committee.
Out of the 17 Committees, 6 Committees are serviced by the Rajya Sabha 5. Leaders of recognised parties
Secretariat and 11 Committees by the Lok Sabha Secretariat. and groups in the House.
Rajya Sabha Committees 6. Such other members as
1. Committee on Commerce nominated by the perioding
2. Committee on Home Affairs officer.
3. Committee on Human Resource Development Ethics Committee
4. Committee on Industry
Created in R.S ( Rajya Sabha )
5. Committee on Science & Technology, Environment & Forests in 1997.
6. Committee on Transport, Culture and Tourism. Created in L.S. (Lok Sabha) in
Lok Sabha Committees 2000.
7. Committee on Agriculture It enforces the code of conduct
8. Committee on Information Technology of members of Parliament.
9. Committee on Defence Departmental Standing
10. Committee on Energy Committees
11. Committee on External Affairs
12. Committee on Finance In 1993, 17 D.S.C. (Dept.
Standing Committee) were
13. Committee on Food, Civil Supplies and Public Distribution
created.
14. Committee on Labour and Welfare Each committee has 45
15. Committee on Petroleum & Chemicals members (30m from L.S.
16. Committee on Railways nominated by speaker and 15
17. Committee on Urban and Rural Development from R.S. nominated by the
chairman)
285
PARLIAMENTARY DEVICES AND MOTIONS
In a Parliamentary System Par- portance. clauses are taken up for debate
liamentary devices are of much im- The Speaker can allot three and voting and the intervening
portance for the smooth running of days in a week for such dis- clauses are taken as passed (iv)
the Houses. They are : cussions. Guillotine closure: It takes place
when the undiscussed clauses
Question Hour Short Duration Discussion of a bill or a resolution are also
The first hour of every parlia- The members can raise it to put to vote along with the dis-
mentary sitting is alloted for discuss on a matter of urgent cussed ones due to want of
this. public importance. time.
During this time members ask It is also called two- hour dis- Privilege Motion
questions and the ministers cussion as the time allotted for
usually give answers. it is two hours. It is moved by a member when a
The Speaker can give two days minister has committed a breach of
According to the nature of the
in a week for such discussions. privilege of the House of member
answers they are classified into
by withholding facts and informa-
(a) starred question (It requires
an oral answer and hence MOTIONS IN tion or by giving wrong information.
supplementary questions can PARLIAMENT Calling Attention Motion
follow. It is identified by an It is introduced by a member to
Discussions on matters of gen-
asterik) (b) Unstarred question call the attention of a minister
eral public importance are taken
(It requires a written answer to a matter of urgent public im-
up only if a motion is made to its
and hence supplementary portance and to seek an au-
effect with the permission of the
questions cannot follow) (c) presiding officer. thoritative statement from him.
Short notice question. It is an Indian innovation and
Zero Hour Closure Motion has been in existence since
1954.
It is an Indian innovation and It is moved by a member seek-
It is however mentioned in the
has been in existence since ing to cut short the debate on
Rules of Procedure.
1962. a matter.
Motion of Papers
It is the time gap between the If adopted, the matter is imme-
question hour and the agenda. diately put to vote. As the exercise of calling at-
It starts immediately after the tention is not allowed in Rajya
They are of four kinds. (i) Sabha, it has Motion of Pa-
question hour and lasts until Simple Closure : It is moved by
the agenda for the day is taken pers by which a member calls
a member stating that the mat- the attention of a minister to a
up. ter having been sufficiently dis- matter of urgent importance.
Zero hour is an informal device cussed be now put to vote (ii)
available to the MPs to raise Closure by compartment. The Adjournment Motion
matters without any prior no- clauses of a bill or a lengthy It is introduced in the Parlia-
tice because it is not men- resolution are here grouped into ment to draw attention of the
tioned in the Rules of Proce- parts before the commence- House to definite matter of
dure. ment of the debate. The debate urgencey with the support of
Half - an - Hour Discussion covers a part and the entire part 50 members.
is put to vote . (iii) Kangaroo It is an extra ordinary device
It is meant for discussing a as it interrupts with normal
Closure : Here, only important
matter of sufficient public im-
286
business of the House. Motion of Thanks The same procedure in Lok
It is not exercised in the Rajya Sabha is called Notice Mo-
Whenever the President ad-
Sabha as it involves an element tion under Rule 377.
dresses the sessions of the
of censure against the govern- Resolution
Parliament, his speech is dis-
ment.
cussed in both the Houses of
No - confidence Motion Parliament on a motion. The members of the Parliament
This procedure is called Mo- can move resolution to draw at-
The Lok Sabha can remove the
tion of Thanks. This motion is tention of the House on the
ministry from office by pass-
to be passed other wise it will Government to matters of gen-
ing a no- confidence motion as
the latter is responsbile to the be the defeat of the Govern- eral public interest.
House of People. However the ment. It is however different from mo-
motion requires the support of tion that all resolutions come
No - Day - Yet - Named under substantive.
50 members to be admitted.
Motion All resolutions are necessarily
Censure Motion put to vote where as all motion
It is moved for censuring the It is admitted by the Speaker, are not necessarily put to vote.
Council of Ministers for spe- without specifying the date of Resolutions are of three types
discussion. (i) Private member Resolution :
cific policies and actions.
It can be moved against indi- The day is fixed in consulta- It is moved by the members of
vidual Ministers, group of tion with the leader of the the House other than Minis-
Ministers or the entire Council House or on the recommenda- ters. It is discussed only on al-
of Ministers. tions of the Business Advisory ternative Fridays and in the af-
Committee. ternoon sitting. (ii) Government
Point of Order Resolution : It is moved by a
Special Motion Minister and it is taken upon
It is raised when the proceed-
A matter that cant be raised any day from Monday to
ings of the House donot follow
the normal rules of procedure. during the time of any other Thursday. (iii) Statutory Reso-
It is related to the interpretation parliamentary device can be lution : It can be moved either
of enforcement of the Rules of raised under the special men- by a private member or a minis-
the House. tion in Rajya Sabha. ter.
287
JUDICIARY
Supreme Court of India Supreme Court came into force
tution
(Article 124 to 147) Guardian of the consti in 1950.
Court of record Harilal J. Kanya was the first
The apex of the entire judicial 30
One Chief Justice and Chief Justice of the Supreme
system in India is the Supreme other judge Court.
Court of India. Supreme court is located at
Federal Court
Part V, Articles124 to 147 deal New Delhi.
Court of appeal
with the structure, powers and Supreme Court Judges retire
functions of the Supreme upon attaining the age of 65
Court. continue in his post until he years.
The Supreme Court now com- attains sixty five years of age. Supreme Court Rules, 1966 are
prises of the Chief Justice and The power of Judicial Review framed under Article 145 of the
not more than 30 other judges. is vested in the Supreme Court Constitution to regulate the
The Chief Justice is appointed and High Court. practice and procedure of the
by the President in consulta- The Chief Justice and other Supreme Court.
tion with such other judges of judges of the Supreme Court The Supreme Court of India
the Supreme Court and High can be removed from their of- comprises the Chief Justice
Court. fice only on grounds of proved and not more than 25 other
On 21st February 2008, the misbehaviour or incapacity by Judges appointed by the
Union Cabinet gave its nod to an order of the President President of India.
increase the number of judges passed after an address by
in the Supreme Court from 26 each House supported by a
to 31. majority of total membership of Court can resign his office by
The Chief Justice of India ad- that House and not less than writing a letter to the President
rd in own his handwriting.
minister the oath of affirmation 2/3 of members present and
to the President and the Presi- voting has been presented to A Judge of the Supreme Court
dent administers the oath of the President. (Article 124 (4). can also be removed from of-
office to the Vice-President. The Supreme Court has the fice on the ground of proved
The Salaries of the judges of power to review the acts and misbehaviour or incapacity by
the Supreme Court (Article 125) orders of the legislature and the process of impeachment.
are drawn from the Consoli- executive wings of the govern- In 1996 Supreme Court curbed
dated Fund of India. ment and to declare them null the working of children in haz-
The salary of Chief Justice is and void if they are against the ardous industries.
Rs. 1,00,000 per month (ac- provisions of the Constitution. The Supreme Court exercises
cording to Sixth Pay Commis- Supreme Court is known as the three types of jurisdiction
sion Revision 2008). Court of Record (Article 129). namely:
To be a judge of the Supreme The Judge of the Supreme
Court, one has to be a
me a Sov-
(i) Citizen of India
y, 19 50 , tw o da ys after India beca
On the 28th of Janu
ar into being.
(ii) He should be a distin-
pu bl ic, th e Su preme Court came
ereign Democratic
Re ces in the
guished jurist and has been a
ok pl ac e in th e Ch amber of Prin
The inauguration
to ent. It was
High Court judge for atleast ich al so ho used Indias Parliam
Parliament buildin
g wh urt of In dia
five years or an advocate of a
r of Pr in ce s, that the Federal Co
here, in this Cham
be moved into
High Court for at least ten
s be tw ee n 19 37 an d 1950. The Court
years. had sat for 12 year
g in 1958.
The Supreme Court Judge can the present buildin
288
(i) Original (ii) Appellate constituted under the chair-
Judicial Activism manship of Justice P.N.
(iii) Advisory
Original Jurisdiction (Art. Superior court issuing direc- Bhagawati formulated model
131) is meant for that cases in- tion to the government officials scheme, which every citizen
volving a dispute between the or executives to perform cer- whose annual income from all
Union Government and State tain duties in time if they fails sources does not exceed a cer-
Government or a dispute to do so. Such directions is- tain sum, is eligible for free le-
among the State Governments sued by the court on the gal aid.
themselves. Supreme Court strength of public interest liti-
Public Interest Litigation
settles such case by interpret- gation to serve the general in-
terest of the society. Any member of the public can
ing the Constitution.
initiate a proceeding on behalf
Appellate Jurisdiction: It
Judicial Review of the aggrieved person (espe-
meant that appeal petition can
The power of Supreme Court cially if the person is too poor
be taken before the Supreme
to review or examine a law or unable to move the court on
Court from the judgement or
passed by the Parliament and his or her own) in either the
decision of the high court on
see whether that law is within High Court or the Supreme
cases involving civil, criminal,
the framework of the Constitu- Court for enforcement of Con-
etc matter after its judgement.
tion or not. stitutional rights.
Advisory Jurisdiction (Art:
143) : It is meant that the Presi- The Supreme Court of India SUPREME COURT REGISTRY
dent of India can refer to the exercise this power as the prin- The Registry of the Supreme
Supreme Court for its advice ciple of procedure established Court is headed by the Regis-
or opinion if he has some doubt by law. trar General.
on a law or Constitution or a Article 146 of the Constitution
Administrative Tribunals
fact. deals with the appointments of
Art 138 provides for the en- According to the provision of officers and servants of the
largement of the jurisdiction of Article 323 (A), the Adminis- Supreme Court Registry.
the Supreme Court by the Par- trative Tribunals Act, 1985 was SUPREME COURT ADVOCATES
liament. enacted by Parliament.
There are three categories of
The Chief Justice of India is The tribunals are to adjudicate
Advocates who are entitled to
Justice K.G. Balakrishnan. disputes and complaints relat-
practise law before the Su-
The jurisdiction and powers of ing to recruitment and condi-
tion of service of persons ap- preme Court of India:- Senior
the Supreme Court to the mat- Advocates, Advocates-on -
ters in the Union List can be pointed to public services and
posts in connection with affairs record and other Advocates.
enlarged by Parliament. But its Only Advocates-on -record are
of the Union Government.
jurisdiction and powers with entitled to file any matter or
A Tribunal can be checked by
respect to other matters can be document before the Supreme
a High Court for exceeding its
enlarged by a special agree- jurisdiction or if its order is Court.
ment of the Centre and the contrary to natural justice. Senior Advocates who are des-
States. ignated as Senior Advocates
The first law officer of the Gov- Family Courts by the Supreme Court of India
ernment of India is the Attor- Courts aim at promoting con- or by any High Court. A Senior
ney General. ciliation in and securing Advocate is not entitled to
Advocate General: Advocate speedy settlement of disputes appear without an Advocate-
General is the Principal law relating to marriage and family on-Record in the Supreme
officer of the state. He is ap- affairs. Court or without a junior in any
pointed by the Governor. A high powered committee other court or tribunal in India.
289
Comparison between the Supreme Court and the High Courts
Supreme Court High Court
1. The Supreme Court is a federal Court. Its only 1. There is a provision for a High Court in each State
seat is located at Delhi. Its bench can be and each Union Territory but two or more States
established at other places also but so far it or two or more Union Territories or States and
has not been established. Union Territories, together, may establish a
2. The Judges of the Supreme Court are common High Court.
appointed by the President. 2. The Judges of the High Court are also appointed
3. A person shall have the following qualification by the President.
to become eligible for the appointment as a 3. A person shall not be eligible to become a Judge
Judge of the Supreme Court-if: of a High Court unless such a person-i) has been
i) He has been a Judge of a High Court for a judicial officer for not less than 10 years within
not less than five years in succession; or the territory of India; or ii) has been an advocate
ii) has been an advocate of a High Court for for not less than 10 years in a High Court in India.
not less than 10 years in succession; or 4. The Judges of the High Courts retire from their
iii) He is a distinguished Jurist in the opinion office after attaining the age of 62 years.
of the President. 5. The judges and the Chief Justice of the High
4. The Judges of the Supreme Court retires from Courts are removed from the office by the
their office after attaining the age of 65 years. President in the same manner as adopted in the
case of the Supreme Court.
5. The, President can remove the Chief Justice
and the other judges on the basis of 6. The salary of the Chief Justice is Rs. 90,000 and
impeachment motion passed in the Parliament. that of other judges is Rs. 80,000 per month.
6. The salary of the Chief Justice is Rs. 1,00,000 7. The judges of the High Courts cannot plead before
and that of the other judges is Rs. 90,000 per any Court during the term of their office. After
month. retirement they cannot plead before any Court
below the High Court. That means they can plead
7. The judges of the Supreme Court after their
only before other High Courts and the Supreme
retirement and during their term of office are
Court.
not eligible to plead before any court/
authority within the territory of India. 8. The judges of the High Courts can be transferred
from one High Court to the other High Court and
8. The Judges of the Supreme Court cannot be
may be promoted as the Judges of the Supreme
transferred nor can they be demoted in office.
Court.
9. The Supreme Court is not bound to abide by
9. The High Courts are bound to abide by the
the decisions of the High Courts.
decisions of the Supreme Court.
10. The salary and the allowances of the Judges
10. The salary and other allowances of the Judges of
of the Supreme Court are charged upon the
the High Courts are charged upon the
Consolidated Fund of India.
Consolidated Fund of the States.
11. The cases involving the interpretation of the
11. The cases involving the interpretation of the
Constitution are decided only by the Supreme
Constitution are not decided by the High Courts.
Court.

The Supreme Court of India has more powers than any other Supreme court in any
part of the world says Alladi Krishnaswamy Ayyar, a member of the Drafting Com-
mittee of the Constitution. Because, Supreme Court of India is not only a Federal
Court like American Supreme Court but also a final court of appeal like the British
House of Lords.
290
Impeachment of a the CJI and four senior most HIGH
Judges of the Supreme Court.
Judge The Judge who is to succeed COURTS
1. A motion addressed to the the CJI should also be Article 214 provide that there
President signed by at least included, if he is not one of the shall be a High Court for every
100 members of the Lok Sabha four senior most judges in the state.
or 50 members of the Rajya Collegium. The institution of High Court
Sabha is delivered to the Jurisdiction of the (HC) originated in India in 1862
Speaker or the Chairman. Supreme Court when the high courts were set
2. The motion is to be up at Calcutta, Bombay and
investigated by a committee of The Jurisdiction of the Madras.
three (two judges of the Supreme Court are five-fold
In the independent India, the
Supreme Court and a viz. Original, Writ, Appellate,
constitution provides for a
distinguished jurist) Advisory and Revisory
high court for each State, but
3. If the committee finds the Jurisdictions.
the seventh amendment act of
judges guilty of misbehaviour Original Jurisdiction 1956 authorized Parliament to
or that he suffers from in The Original Jurisdiction of the establish a common high court
capacity the motion together Supreme Court is purely for two or more states or for
with the report of the committee federal in character. two or more states and a Union
is taken up for consideration Writ Jurisdiction Territory.
in the House where the motion Article 32 imposes duty on the At present there are twenty
is pending. Supreme Court to enforce the one high courts in India.
4. If the motion is passed in each Fundamental Rights. Out of them, three are common
House with required majority Under this Article, every high courts.
(special), the address is individual has a right to move Delhi is the only Union Terri-
presented to the President. the Supreme Court directly if tory with a high court of its
5. The Judge will be removed there has been any own from 1966.
after the President gives his infringement on his
order for removal on the said Three new High Courts were
Fundamental Rights.
address. set up in November 2000, fol-
Appellate Jurisdiction
The procedure was for the first lowing the creation of states
The Appellate Jurisdiction of of Chattisgarh, Uttaranchal
time started against Shri. R. the Supreme Court is three fold:
Ramaswamy in the Supreme and Jharkhand. These High
Constitutional, Civil and Courts are located at Bilaspur,
Court in 1991 - 93. The Criminal.
committee found him guilty but Nainital and Ranchi respec-
Advisory Jurisdiction tively. At present there are 21
the address failed because the
congress abstained from One of the salient features of High Courts.
voting. the Supreme Court of India is Which High Court has the
its consultative role Art, 143. highest number of benches in
Since in appointments of
Supreme Court Judges, the Revisory Jurisdiction India?
opinion of the C.J.I. (Chief The Supreme Court under Ans: Guwahati - Five. The
Justice of India) has Article 137 is empowered to benches are at Kohima,
supremacy, a nine-Judge review any judgement or order Aizwal, Imphal, Shillong and
Bench ruled that the opinion made by it with a view to Agarthala
of the CJI must be formed on remove any mistake or error Originally known as Assam
the basis of consultation with that might have crept in the High Court, renamed as
the collegium, comprising of judgement or order. Guwahati High Courts in 1971.
291
s are the prin-
The High Court The Calcutta located at Bhopal with its reg-
of original ju- the oldest
cipal civil courts High Court is istered office in New Delhi.
state. The work the country,
risdiction in the High Court in Subordinate Courts
ourts consists
of most High C established on
2 July
lowers courts Three types of Subordinate Courts.
of Appeals from 1862.
ons in terms of 1. Criminal Courts
and writ petiti
e Constitution There are courts which handle
Article 226 of th only criminal cases. These are
of India. different kinds of criminal courts in
risdiction (7 states) - Assam,
Article 231 also provides Par- succession.
Manipur Meghalaya,
liament with the power to es- a) Sessions Court : It is at the
Nagaland, Tripura, Mizoram, district level.
tablish a common High Court
Arunachal Pradesh. It estab-
for two or more states. b) First Class Magistrate : Just
lished in 1948.
The judges of a High court are below the sessions court there
The District Judges are ap- is the Ist Class Magistrate. It
appointed by the President.
pointed by the Governor of the hears appeals against lower
The Chief Justice is appointed
state courts decisions.
by the President after consul-
tation with the Chief Justice of The subordinate courts are c) Second Class Magistrate :
India and the Governor of a more popularly known as Dis- Does not entertain appeals It
State concerned. trict Court. can punish upto 6 months
Guwahati High Court has the The National Judicial Acad- imprisonment and fine upto
most member of territorial ju- emy was set up in 1993. It is 200/-

The High Courts: Seats and Jurisdiction


Name Year of Territorial Jurisdiction Seat
Estb.
1. Allahabad 1866 Uttar Pradesh Allahabad (Bench at Lucknow)
2. Andhra Pradesh 1954 Andhra Pradesh Hyderabad
3. Bombay 1862 Maharashtra,Dadar& Nagar Haveli, Bombay (Benches at Nagpur,
Goa, Daman & Diu Panaji, Aurangabad)
4. Kolkata 1862 West Bengal, Andaman & Kolkata (Bench at Port Blair)
Nicobar Islands
5. Delhi 1966 Delhi Delhi
6. Guwahati 1948 Assam, Manipur, Meghalaya, Guwahati (Benches at Kohima,
Nagaland, Tripura, Mizoram and Imphal, Agartala & Shillong)
Arunachal Pradesh
7. Gujarat 1960 Gujarat Ahmedabad
8. Himachal Pradesh 1966 Himachal Pradesh Shimla
9. Jammu & Kashmir 1928 Jammu & Kashmir Srinagar& Jammu
10. Karnataka 1884 Karnataka Bangalore
11. Kerala 1958 Kerala & Lakshadweep Ernakulam
12. Madhya Pradesh 1956 Madhya Pradesh Jabalpur (Bench at Indore, Gwalior)
13. Madras 1862 Tamil Nadu & Pondicherry Madras
14. Orissa 1948 Orissa Cuttack
15. Patna 1916 Bihar Patna
16. Punjab &Haryana 1975 Punjab, Haryana, Chandigarh Chandigarh
17. Rajasthan 1949 Rajasthan Jodhpur (Bench-Jaipur)
18. Sikkim 1975 Sikkim Gangtok
19. Chhattisgarh 2000 Chhattisgarh Bilaspur
20. Uttaranchal 2000 Uttaranchal Nainital
21. Jharkhand 2000 Jharkhand Ranchi
292
FIRST IN INDIA
Tribunals
Appellate Trib. for Electricity 1. First empire to define and demarcate civil and criminal law - Gupta
Central Administrative Trib. Empire
Central Excise Ser. Tax App. 2. First Court ( of judicature) was established in Calcutta on August ,
Debt Recovery Trib., Coimbatore 1672
Debts Recovery Trib.-II, Chennai 3. First Law Commission was constituted in 1834 under the Charter Act
Debts Rec. Trib.-I, Chennai of 1833. It was chaired by Lord Macaulay.
Intellectual Pro. App., Chennai 4. First I.P.C. and CRPC were introduced in Bengal in 1862 by John
Income Tax Appellate Trib. Beames.
Railway Claims Tribunal 5. First Federal Court established in 1937. Sir. Maurice Gwyer was the
first Federal Court chief justice.
ion of In- 6. Supreme Court was established on March 26, 1774 in Calcutta as a
First Law Commiss result of Regulating Act of 1773.
ta ished in
bl
dependent India es 7. Oldest High Court - Calcutta High Court (1862)
Attorney-
1955 with the then
Mr. M. C. 8. First Indian High Court Judge - Shambhunath Pandit.
General of India,
rman. 9. Youngest Judge - Prasanta Behari Mukherjee at the age of 38.
Setalvad, as its Chai
mmission
Nineteenth Law Co 10. High Court with most judges - Allahabad High Court (60 Judges)
12)
Chairman (2009-20 11. First Woman Chief Justice (High Court) - Justice Leila Seth (Delhi)
Justice P. V. Reddi 12. First Indian President of International Court of Justice- Dr. Nagendra
Singh (First Indian recipient of World Justice Award)
d) Third Class Magistrate :It 13. First Chief Justice of Independent India - Justice Harilal J. Kania.
handles minor cases. 14. First Woman judge of Supreme Court- Meera Sahib Fatima Beevi.
Gives punishment upto one 15. First woman judicial officer - Anna Chandy
months imprisonment fine upto 16. First woman advocate - Cornelia Sorabji
50/-
17. Green Bench decides on environmental issues. (set up by the
e) Panchayat : Its decisions are
Calcutta Court)
non appealable.
18. First Law giver - Manu
Note : The IInd and IIIrd Class
Magistrates have only original 19. Largest prison - Tihar Jail.
jurisdiction.
Civil Courts f) Small Case Court : In big d) Tahsildars Court : It is the
These are courts dealing with towns; Decisions of the Small smallest unit as far as Revenue
Civil Cases. There are a number of Case Court is not ordinarily Courts are concerned.
Civil Courts in succession. appealable.
Administrative
a) District Judge : Hears appeals 3. Revenue Courts Tribunals
against the courts subordinate a) Board of Revenue / Finance
to it. The 42nd Constitutional
Commission : It hears appeals
b) Senior Subjudge : Entertain Amendment Act in 1976
against the decisions of the
cases involving any amount. District Collectors Court. introduced Article 323 A,
c) IInd class small case court enabling the setting up of
b) Commissioners Court : It
(S.C.C) : Presided over by hears appeals against the Central and State Admini
subjudge. decisions of the Tahasildars strative tribunals, to
d) III Class S.C.C. : Presided over Court. adjudicate cases related to
by a subjudge. c) District Collectors Court : It recruitment, promotion,
e) IV Class S.C.C : Presided over hears appeals against the transfer and conditions of
by a subjudge. Tahsildars Court decision. service of persons appointed
293
to the public services of the The Solicitor General for India is subordinate to the Attorney Gen-
Union and the State eral of India and also the second law officer of the country. There are
Governments. four Additional Solicitors Generals for India.
In pursuit of the provision, the the President of India. The objective of the NCW is to
Parliament enacted the The NHRC consists of a Chair- represent the rights of women
Administrative tribunal Act, person who has been a Chief in India and to provide a voice
1985 to set up Central Justice of the Supreme Court for their issues and concerns.
Administrative Tribunal of India.
(CAT) National Knowledge
One Member who is, or has
By a notification, the service been, a Judge of the Supreme Commission
matters related to employee of Court of India. National Knowledge Commis-
the Public Sector Undertaking One Member who is, or has sion constituted in 2005.
(PSUs) can be brought under been, the Chief Justice of a The Commission was to rec-
the CAT or SATs, as the case ommend reform of the educa-
High Court.
may be. tion sector, research labs, and
Two Members to be appointed
intellectual property legisla-
Many States are also provided from among persons having
tion; as well as consider
with the State Administrative knowledge of, or practical ex-
whether the Government could
Tribunals. perience in, matters relating to
itself upgrade its use of the lat-
The Chairman and the Vice- human rights.
est techniques to make its
Chairman of the tribunal Former Chief Justice K G workings more transparent.
enjoys the status of a High Balakrishnan is the present
chairperson of the commission. The present chairman of the
Court judge and his/her Knowledge Commission is
retirement age is 65 years. The National Commission Sam Pitroda.
The Chairman must be a judge for Women
of the High Court or one who Lok Pal Bill
NCW is a statutory body for
served for at least two years Lok Pal Bill has been intro-
women, set up in 1992, by Gov-
as the High Court Judge or the duced to provide for setting up
ernment of India, under specific
Vice-Chairman of Tribunal. of a Lok Pal that would enquire
provisions, National Commis-
The President appoints the sion for Women Act, 1990. into the charges of corruption
Chairman and other members The present head of the Com- against public functionaries in
of the CAT and the SATs after mission is Girija Vyas. the central government level.
consulting the Chief Justice of
India. Right to Information Act 2005
The Right to Information Act, 2005 (RTI) is a law enacted by the
National Human Rights Parliament of India.
Commission This law was passed by Parliament on 15 June 2005 and into force
The National Human Rights on 12 October 2005.
Commission (NHRC) of India The Act applies to all States and Union Territories of India, except
is an autonomous statutory the State of Jammu and Kashmir.
body. Under the Act, any citizen may request information from a "public
It is established on October 12, authority" (a body of Government or "instrumentality of State")
1993, under the provisions of which is required to reply expeditiously or within thirty days.
The Protection of Human Jammu & Kashmir, has its own Right to Information Act of 2009,
Rights Act, 1993. the successor to the repealed J&K Right to Information Act, 2004
The Chairperson and members and its 2008 amendment.
of the NHRC are appointed by The RTI Laws were successfully enacted by the various state
governments of India.
294
Lok Ayukta Ombudsman
The LokAyukta is an anti-cor-
Ombudsman is an officer appointed to hear and investigate com-
ruption government organiza-
tion in the Indian states. plaints by private citizens against government officials or agencies.
Lok Ayukta is a state level in- He helps and protects the common man against official oppression.
stitution set up to enquire into Now various agencies and public sectors have realised the need of
the charges of corruption setting up the office of Ombudsman to redress the grievances for the
against public functionaries in public who are the customers or clients of these organisations.
the state. Banking Ombudsman is a quasi judicial authority functioning under
Orissa is the first state to Indias Banking Ombudsman Scheme 2006.
present a bill on establishment In India, Ombudsman is called as Lokpal or Lokayukta.
of Lokayukta in 1970, however, Kerala State has an Ombudsman for Local Self Government institu-
Maharashtra is the first state tions like Panchayaths, Municipalities and Corporations.
to have established the insti-
tution in 1972. Lokayukta doesn't have suo ers to punish anyone.
Some states have Upa moto powers of instigating an Chairman of Kerala Lok
Lokayukta under Lokayukta enquiry. Ayukta is Justice M. Pareeth
and in some states, the It does not have binding pow- Pillai.
295
The Election Commission (Article 324) Finance Commission
The Election Commission of conducts elections to Number Chairman
India is set up by Article 324 Panchayats and municipalities
I ........................... K.C. Neogy
of the Constitution of India. in the states. II .............. Mr. K.S. Santhanam
Election Commission of India At the state level, the election III....................... A.K. Chanda
is a permanent Constitutional work is supervised, subject to IV................... P.V. Rajamannar
Body. overall superintendence, direc- V..................... Mahavir Tyagi
The Election Commission was tion and control of the Com- VI......... Brahamananda Reddy
established in accordance with mission by the Chief Electoral VII ........................ J.M. Shelat
the Constitution on 25th Janu- Officer of the State. VIII ..................... Y.B. Chavan
ary 1950. The Commission cel- The first Chief Election Com- IX ....................... N.K.P. Salve
ebrated its Golden Jubilee in missioner of India was X ...................... Mr. K.C. Pant
2001. Sukumar Sen (1950-58). XI .............. Prof. A.M. Khusru
XII .............. Dr. C. Rangarajan
Election Commision became a S.Y.Quraishi is the present
XIII ...................... Vijay Kelkar
3 member body in Oct 1, 1993. Chief Election Commissioner
The appointment of Chief Elec- of India. Other two Commis-
tion Commissioner and other sioners are Harishankar Union Public Service
election Commissioners shall Brahma and V.S. Sampath. Commission (Article 315-323)
be made by the President for a Nirvajan Sadan is the head-
The Constitution provides
term of 6 years. quarters of Election Commis-
that there shall be a Public Ser-
State Election Commission sion in New Delhi. vice Commission for each state
and for Unions.
The Chairman and other
The Finance Commission (Article 280) members of the UPSC are ap-
The Finance Commission is The grand-in-aid is extended pointed by the President.
quasi judicial body. to the state by the union out The members of the UPSC are
The Finance Commission has of the Consolidated Fund of appointed for a term of six
the following primary func- India to meet the cost of de- years or till they attain the age
tions: velopment scheme approved of 65 years.
(i) To recommend to the by the Union Government. UPSC Chairman :D.P.Agrawal
The first Finance Commission SPSC (State Public Service
President, the principles
was constituted in 1951. Commission) - Chairman and
and manner by which the members are appointed by the
revenue arising out of the First Chairman : K.C. Neogy.
Governor. But they can be re-
union budget may be Vijay Kelkar heads the 13th
moved only by the president
shared between the Finance Commission . (2010-
(and not by the governor).
Union and States. 2015) The members of the SPSC are
Article 280 of the Constitution appointed for a term of six
(ii) To recommend to the
provides that at the end of ev- years or they attain the age of
President the principles
ery five years, the President 62 years whichever is earlier.
and the properties by
shall appoint a finance com- The UPSC is entrusted with the
which the grand- mission with a chairman and selection of candidates to
in-aid is to be provided to four other members. higher civil services.
the states by the Union The Finance Commission of In- SSC (Staff Selection Commis-
Government. dia came into existence in 1951. sion) is a centralised agency
(iii) To recommend to the The Finance Commission is responsible for recruiting per-
President on any other formed to define the financial sonal to middle and lower ser-
matter in the interest of relations between the centre vices of Central Government.
public finance. and the state. SSC established in 1975.
296
Special Status to Jammu and Kashmir (Article 370) Official Languages
The Constitution of Jammu of the state. It also permits the (Article 343 to 351)
and Kashmir came into exist- use of English for official pur- India is the country where larg-
ence on 26th January 1957. poses. est number of languages are
The state of Jammu and Kash- Part III (dealing with Funda- spoken.
mir was accorded special sta- mental Rights) is applicable to Sindhi was added by the 21st
tus under Article 370 of the the state with some exceptions Constitutional Amendment
Constitution. and conditions. The Funda- Act, 1967.
The Parliament can make laws mental Right to property is still The Constitution declared
with respect to Jammu and guaranteed in the state. Hindi in Devanagri script as the
Kashmir only in subjects in the Part IV (dealing the Directive official language of India.
Union List. Principles of State Policy) and B.G. Kher was the Chairman of
On the failure of constitutional Part IVA (dealing with Funda- the first official language Com-
machinery, the Governor shall mental Duties) are not appli- mission appointed by the Presi-
have the power of the Presi- cable to the state. dent in 1955.
dent. The Constitution allows the
Jammu and Kashmir has a bi-
Jammu and Kashmir has the use of English language for
cameral legislature.
distinction of being the only official purposes.
The Bill for the special status
state of the Indian Union which India has 22 officially
has its own Constitution. of J & K became Act in 1982.
recognised languages in the
N.N. Vohra is the Present Gov- J & K is excluded from the list
8th schedule of the Constitu-
ernor of J & K. of other states. As per the ar-
tion.
The President can declare that ticle 152.
Originally the Constitution
Art 370 ceases to be operative Jammu and Kashmir has been recognised 14 languages.
only on the recommendation of given the special status to ful- Official language Act (1963)
constituent Assembly of the fill the condition put forward lays down that English should
state. by the Maharaja of Jammu & be used for purposes of com-
J & K constitution declares Kashmir for signing the instru- munication between Union and
Urdu as the official language ment of accession with India. the States that have not
adopted Hindi as their Official
ALL INDIA SERVICES Language.
1. Indian Administrative Service (IAS) is the administrative civil service Languages in the Constitu-
of the Indian government. (1947) tion: Assamese, Bengali,
2. Indian Police Service (IPS) (1947) Hindi, Urdu, Marathi,
Gujarathi, Punjabi, Sanskrit,
3. Indian Forest Service (IFS) ( 1966)
Kashmiri, Telugu, Tamil,
There are 34 group A Central Services and 25 group B Central Malayalam, Kannada, Oriya,
services. Sindhi, Konkani, Nepali ,
The present system of recruitment is based on the recommendations Manipuri, Bodo , Maithili,
of Macaulay committee (1854), Kothari Committee (1974) and Satish Santhali and Dogri.
Chandra Committee (1988) The Parliament passed the 92nd
The latest Commission on Civil Services is Hota Commission. Amendment (100th Amend-
Art.312 allows the Rajya Sabha to create any other All India Services ment Bill ) of constitution on
with two by third majority. 22nd December 2003 which
The recruitment to these services is made through the Union Public recognises Bodo, Maithili,
Service Commission on the basis of the annual Civil Services Santhali and Dogri languages
Examination. in the 8th Schedule.
297
National Commission for The finance minister and of social and economic policy
SCs & STs (Art. 338) planning minister are the ex- affecting national develop
officio members of the ment.
Amendment Act 65th replaces
commission. Review the working of the
the officer for S.C. and ST with
Planning Commission
National Commission for SC & national plan from time to time.
formulates India's Five-Year
ST. Recommend measures for
Plans, among other functions.
Investigate and monitor all achievement of the aims and
Make an assessment of
matters relating to the targets set out in the national
material capital and human
constitutional and other legal
resources of the country and plan.
safeguard for SCs and STs is
investigate the possibilities of N.D.C is the highest body
the main function.
augmenting them. below parliament responsible
Art. 338 originally provided for
Formulate a plan for the most for policy matters with regard
Special Officer for SC & ST.
effective and balanced
The commission consists of a to planning for social and
utilization of the countrys
chairman, a vice - chairman and resources. economic development.
five other members. Determines priorities and to
Central Vigilance
They are appointed by the define stages in which the plan Commission
President. should be carried out.
Service Conditions and Tenure Established in 1964 on the
Montek Singh Ahluwalia is
are also determined by the the current Deputy Chairman recommendat ion of the
President. of the Planning Commission of Santhanam Committee on
India. prevention of Corruption
NON CONSTITUTIONAL (1962-64)
BODIES National Development In 2003, statutory status was
Planning Commission Council given to the C.V.C.
NDC established in August Central Vigilance Commi
Super Cabinet
1952 by an executive resolution. ssioner and other two
Economic Cabinet
Composition commissioners appointed by
Parallel Cabinet
the President on the
Fifth Wheel of the Coach Prime Minister as its head.
recommendation of a three -
Established in 1950 by an All Union Cabinet Ministers
member committee. (Prime
executive resolution of the are members from 1967.
Minister, Home Minister and
Govt. of India. Chief Ministers of all states.
Leader of Opposition in the
It was recommended by the Chief Ministers and
Advisory Planning Board of Lok Sabha)
administrators of all Union
1946, under the chairmanship Territories. It conduct enquiry into the
of K.C. Neogi. Functions corruption cases against Civil
Supreme Organ of Planning for Servants on a reference by the
Prescribe guidelines for
Social and economic Central Govt. (All India
preparation of the national
development. servants, Class A servants of
Prime Minister is the plan.
Consider the national plan as Central Govt., Specified level
chairman of the commission.
prepared by the Planning of Officers)
Deputy Chairman is the de
facto or full time functional Commission. It enjoys the powers of a Civil
head of the commission. Consider important questions Court.