The British came to India in 1608 as traders through the East India Company, which held an exclusive trading charter granted by Queen Elizabeth I in 1600. In 1765, the Company obtained the diwani (revenue and civil justice rights) of Bengal, Bihar and Orissa, marking its entry as a territorial power. In 1858, following the Sepoy Mutiny, the British Crown assumed direct governance.
The chapter covers two broad phases: Company Rule (1773–1858) and Crown Rule (1858–1947). Several landmark Acts shaped India's constitutional evolution.
Under Company Rule: The Regulating Act of 1773 was the first step by the British Government to control the Company. It created the post of Governor-General of Bengal (first: Lord Warren Hastings) and established a Supreme Court at Calcutta (1774). Pitt's India Act of 1784 established a double government — the Court of Directors for commercial affairs and a Board of Control for political affairs. The Charter Act of 1833 made the Governor-General of Bengal the Governor-General of India (first: Lord William Bentick) and ended the Company's commercial character. The Charter Act of 1853 separated legislative and executive functions for the first time and introduced open competition for civil services.
Under Crown Rule: The Government of India Act of 1858 abolished the East India Company, transferred power to the Crown, and changed the Governor-General's title to Viceroy (first: Lord Canning). The Indian Councils Act of 1909 (Morley-Minto Reforms) introduced communal representation and the concept of separate electorates for Muslims. The Government of India Act of 1919 (Montagu-Chelmsford Reforms) introduced dyarchy in provinces and bicameralism at the Centre. The Government of India Act of 1935 provided for an All India Federation, provincial autonomy, dyarchy at the Centre, bicameralism in 6 provinces, and established the Federal Court. The Indian Independence Act of 1947 created two independent dominions — India and Pakistan — effective from August 15, 1947.
- 1East India Company came to India in 1608 as traders; got exclusive trading charter from Queen Elizabeth I in 1600.
- 2The Regulating Act of 1773 was the first step to control the Company; designated Governor of Bengal as 'Governor-General of Bengal'. First such Governor-General: Lord Warren Hastings.
- 3Pitt's India Act 1784 established 'double government' — commercial affairs by Court of Directors, political affairs by Board of Control. India's territories were first called 'British possessions'.
- 4Charter Act of 1833: First made Governor-General of Bengal as Governor-General of India. First: Lord William Bentick. Ended Company as commercial body.
- 5Charter Act of 1853: Last Charter Act. First separated legislative and executive functions of Governor-General's council. Introduced open competition for civil services (Macaulay Committee appointed 1854).
- 6Government of India Act 1858: Abolished East India Company. Changed title of Governor-General to Viceroy. First Viceroy: Lord Canning. Ended double government.
- 7Indian Councils Act 1909 (Morley-Minto Reforms): Introduced communal representation; legalised separate electorates for Muslims. Lord Minto = 'Father of Communal Electorate'. First Indian in Viceroy's council: Satyendra Prasad Sinha as Law Member.
- 8GoI Act 1919 (Montagu-Chelmsford Reforms): Introduced dyarchy in provinces (Greek: di-arche = double rule). Introduced bicameralism and direct elections for first time. Separated provincial budgets from Central budget.
- 9GoI Act 1935: Most lengthy Act. Provided for All India Federation, abolished dyarchy in provinces, introduced dyarchy at Centre, established Federal Court, extended communal representation to depressed classes, women, labour.
- 10Indian Independence Act 1947: Created two independent dominions — India and Pakistan — from August 15, 1947. Governor-General of each dominion appointed by the King on the advice of the dominion's cabinet.
The demand for a Constituent Assembly was first made by M.N. Roy in 1934. The Congress officially demanded it in 1935, and it was accepted in principle by the British in the August Offer of 1940. The Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan (1946).
The Assembly consisted of 389 members total — 296 from British India and 93 from Princely States. After partition, the reassembled Constituent Assembly had 299 members. Dr. Sachidanand Sinha was the first (temporary) Chairman. Later, Dr. Rajendra Prasad was elected President and H.C. Mukherjee as Vice-President. B.N. Rau served as Constitutional Advisor.
The Constitution was drafted by the Drafting Committee, headed by Dr. B.R. Ambedkar, often called the "Father of the Indian Constitution." The Constituent Assembly held 11 sessions over 2 years, 11 months and 17 days (December 9, 1946 to January 24, 1950). The Constitution was adopted on November 26, 1949 and came into force on January 26, 1950 — chosen to commemorate the Purna Swaraj declaration of 1930.
The original Constitution was handwritten by Prem Behari Narain Raizada in a flowing italic style. Artists from Shantiniketan including Nand Lal Bose and Beohar Rammanohar Sinha decorated and illuminated it. The elephant was adopted as the symbol (seal) of the Constituent Assembly.
- 1Demand for Constituent Assembly first made by M.N. Roy in 1934. Congress officially demanded it in 1935.
- 2Total original members: 389 (296 British India + 93 Princely States). After partition: 299 members.
- 3First (temporary) Chairman: Dr. Sachidanand Sinha. Permanent President: Dr. Rajendra Prasad. Vice-President: H.C. Mukherjee.
- 4Drafting Committee Chairman: Dr. B.R. Ambedkar — "Father of the Indian Constitution".
- 5Constitutional Advisor: Sir B.N. Rau. Secretary: H.V.R. Iyengar. Chief Draftsman: S.N. Mukherjee.
- 6Calligrapher of the original Constitution: Prem Behari Narain Raizada (italic style). Decorated by Nand Lal Bose and Beohar Rammanohar Sinha (Shantiniketan).
- 7Constituent Assembly sat for 11 sessions; total time: 2 years, 11 months, 17 days.
- 8Constitution adopted: November 26, 1949. Came into force: January 26, 1950 (to mark Purna Swaraj declaration of 1930).
- 9Symbol (seal) of Constituent Assembly: Elephant.
- 10Critics called Drafting Committee the "Drifting Committee" — remark by Naziruddin Ahmed. Granville Austin described the Assembly as "the Congress and the Congress was India."
The term 'constitution' is derived from the Latin word constituere, which means 'to establish' or 'to set up'. It refers to a set of principles specifying the organisation and working of the government and the relationship between the government and the people.
Constitutions are classified into: (1) Written vs Unwritten — India, USA, Canada, Japan, France have written constitutions; UK, New Zealand, Israel have unwritten constitutions. (2) Rigid vs Flexible — USA, Australia, Switzerland have rigid constitutions; UK, New Zealand have flexible constitutions. India is neither purely rigid nor purely flexible — it is a synthesis of both. (3) Federal vs Unitary — USA, Switzerland, Australia are federal; UK, France, Japan are unitary. India has both federal and unitary provisions.
Constitutionalism connotes limited government — the antithesis of arbitrary power. A country may have a constitution but not constitutionalism (e.g., a dictatorship). Constitutional scholar Louis Henkin identified 8 elements of constitutionalism: popular sovereignty, rule of law, democratic government, separation of powers, independent judiciary, civilian control of military, police governed by law, and respect for individual rights.
- 1'Constitution' from Latin constituere = 'to establish' or 'to set up'.
- 2Written constitutions: USA, Canada, Japan, France, India. Unwritten constitutions: UK, New Zealand, Israel.
- 3Rigid/Flexible classification given by Lord James Bryce. Rigid = USA, Australia, Switzerland. Flexible = UK, New Zealand. India = synthesis of both.
- 4Federal constitutions: USA, Switzerland, Australia, Canada, Russia, Brazil. Unitary: UK, France, Japan, China, Italy, Norway.
- 5Constitutionalism = limited government. A country can have a constitution without constitutionalism (e.g., dictatorship).
- 6Louis Henkin identified 8 elements of constitutionalism including popular sovereignty, rule of law, independent judiciary, and separation of powers.
- 7N.A. Palkhivala called the Preamble the "identity card of the Constitution" (relevant to next chapter context).
The Indian Constitution is unique in its contents and spirit. Though borrowed from almost every Constitution of the world, it has several salient features that distinguish it from others. The book identifies the following key features:
1. Lengthiest Written Constitution: India's Constitution is the longest written constitution in the world. Originally it had 395 Articles in 22 Parts and 8 Schedules. Currently it has 448 Articles in 25 Parts and 12 Schedules (as of 2019). The USA Constitution has only 7 Articles.
2. Drawn from Various Sources: The Constitution has borrowed provisions from many constitutions. The structural part is largely derived from the Government of India Act of 1935. Other sources: British Constitution (Parliamentary government, Rule of Law, legislative procedures), USA (Fundamental Rights, judicial review, independence of judiciary, preamble), Ireland (Directive Principles, nomination of Rajya Sabha members, method of election of President), Canada (federation with strong Centre, residuary powers with Centre), Australia (concurrent list, freedom of trade and commerce), Germany (suspension of Fundamental Rights during emergency), USSR (Fundamental Duties, ideals of justice in Preamble), France (republic, ideals of liberty, equality, fraternity), Japan (procedure established by law), South Africa (amendment procedure by 2/3 majority, election of Rajya Sabha members).
3. Partly Rigid and Partly Flexible: The Constitution can be amended in three ways — by simple majority, by special majority, or by special majority plus ratification of half the states.
4. Federal System with Unitary Bias: India is described as "quasi-federal" (K.C. Wheare) or "a federation with a centralising tendency." It has federal features (written constitution, supremacy of constitution, division of powers, independent judiciary) but also unitary features (single citizenship, strong Centre, emergency provisions).
5. Parliamentary Form of Government: Based on the British Westminster model. The President is the nominal head; the Prime Minister is the real executive.
6. Integrated and Independent Judiciary, 7. Fundamental Rights, 8. Directive Principles, 9. Fundamental Duties, 10. Secular State, 11. Universal Adult Franchise, 12. Single Citizenship, 13. Independent Bodies, 14. Emergency Provisions, 15. Three-tier Government (added by 73rd and 74th Amendments, 1992), 16. Co-operative Societies (97th Amendment, 2011).
The structural part is largely derived from the Government of India Act of 1935.
| Country | Borrowed Features |
|---|---|
| Britain (UK) | Parliamentary government, Rule of Law, legislative procedures, single citizenship, Cabinet system, prerogative writs, bicameralism |
| USA | Fundamental Rights, judicial review, independence of judiciary, removal of SC & HC judges, Preamble, functions of President & Vice-President |
| Ireland | Directive Principles of State Policy, nomination of Rajya Sabha members, method of election of President |
| Canada | Federation with strong Centre, residuary powers with Centre, appointment of Governor by Centre, advisory jurisdiction of SC |
| Australia | Concurrent List, freedom of trade and commerce, joint sitting of Parliament |
| Germany (Weimar) | Suspension of Fundamental Rights during Emergency |
| USSR (Russia) | Fundamental Duties, ideals of justice (social, economic, political) in Preamble |
| France | Republic, ideals of liberty, equality, fraternity in Preamble |
| Japan | Procedure established by law |
| South Africa | Amendment procedure by 2/3 majority, election of Rajya Sabha members |
The American Constitution was the first to begin with a Preamble. N.A. Palkhivala called the Preamble the "identity card of the Constitution." The Preamble is based on the 'Objectives Resolution' drafted and moved by Pandit Nehru and adopted by the Constituent Assembly. It was amended by the 42nd Constitutional Amendment Act (1976), which added three new words: Socialist, Secular and Integrity.
"WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, Social, Economic and Political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all; FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION."
The Preamble has 4 ingredients: (1) Source of authority — the people of India; (2) Nature of the state — Sovereign, Socialist, Secular, Democratic, Republic; (3) Objectives — Justice, Liberty, Equality, Fraternity; (4) Date of adoption — November 26, 1949.
Sovereign = India is neither a dependency nor a dominion of any other nation. India's Commonwealth membership does not affect its sovereignty. Socialist = mixed economy model; state owns the means of production in the public interest (added 1976). Secular = no official religion; state treats all religions equally (added 1976). Democratic = representative democracy with universal adult franchise. Republic = elected head of state (President), not hereditary. Justice = social, economic, and political. Liberty = thought, expression, belief, faith, worship. Equality = status and opportunity. Fraternity = dignity of individual + unity and integrity of nation.
- 1American Constitution = first to begin with a Preamble. India followed this practice.
- 2Preamble called the "identity card of the Constitution" by N.A. Palkhivala.
- 3Based on the Objectives Resolution drafted and moved by Pandit Nehru.
- 442nd Amendment Act (1976) added three words: Socialist, Secular, Integrity.
- 5Preamble has 4 ingredients: source of authority, nature of state, objectives, date of adoption (Nov 26, 1949).
- 6India's Commonwealth membership and UN membership do NOT affect its sovereignty.
- 7In the Berubari Union case (1960), SC said Preamble is not a part of the Constitution. In the Kesavananda Bharati case (1973), SC held that Preamble IS a part of the Constitution and can be amended under Article 368 but cannot affect the 'basic structure'.
- 8Republic = head of state (President) is elected, not hereditary. This distinguishes India from constitutional monarchies like UK.
Article 1 describes India as a "Union of States" (not a federation of states). This terminology implies: (a) India is indestructible — states cannot secede; (b) the Union is not a result of an agreement among states. The territory of India includes: (a) territories of states; (b) Union territories; (c) territories that may be acquired. India is described as "an indestructible union of destructible states" — the Union Government can destroy the states, but the states cannot destroy the Union. In contrast, USA is described as "an indestructible union of indestructible states."
Article 2 empowers Parliament to admit new states into the Union or establish new states. Article 3 authorises Parliament to: (1) form new states, (2) increase area of any state, (3) diminish area of any state, (4) alter boundaries, (5) alter name of any state. Two conditions for Article 3: (a) Bill needs prior recommendation of the President; (b) before recommending, President refers the bill to the state legislature for its views within a specified period. Parliament is not bound by the state legislature's views.
The 9th Constitutional Amendment Act (1960) was enacted to transfer Berubari Union territory to Pakistan. The 100th Constitutional Amendment Act (2015) gave effect to the exchange of territories with Bangladesh — India transferred 111 enclaves to Bangladesh, Bangladesh transferred 51 enclaves to India.
Article 4 declares that laws made under Articles 2 and 3 are not constitutional amendments under Article 368, so they can be passed by a simple majority.
- 1Article 1: India is a "Union of States." India = indestructible union of destructible states. USA = indestructible union of indestructible states.
- 2Article 2: Parliament can admit new states or establish new states. Article 2 = external states not yet part of India. Article 3 = internal reorganisation of existing states.
- 3Article 3: Parliament can form new states, increase/decrease area, alter boundaries or name of states. Two conditions: President's prior recommendation + reference to state legislature.
- 4Parliament is NOT bound by the state legislature's views and can reject them. No fresh reference needed for amendments to the bill.
- 59th Amendment Act (1960): Transfer of Berubari Union (West Bengal) to Pakistan. Supreme Court ruled in 1960 that ceding territory to foreign country requires constitutional amendment.
- 6100th Amendment Act (2015): India-Bangladesh land boundary agreement. India transferred 111 enclaves; Bangladesh transferred 51 enclaves.
- 7Article 4: Laws under Articles 2 & 3 are NOT constitutional amendments under Article 368 — can be passed by simple majority.
- 8Territories acquired since Constitution: Dadra & Nagar Haveli; Goa, Daman & Diu; Puducherry; Sikkim.
Part II of the Constitution (Articles 5–11) deals with citizenship at the commencement of the Constitution. Article 11 empowers Parliament to make laws on citizenship. Accordingly, the Citizenship Act, 1955 provides for acquisition and loss of citizenship after the Constitution's commencement.
The Citizenship Act 1955 prescribes five ways of acquiring citizenship: (1) By Birth; (2) By Descent; (3) By Registration; (4) By Naturalisation; (5) By Incorporation of Territory.
By Birth: Born in India on or after Jan 26, 1950 but before July 1, 1987 — citizen irrespective of parents' nationality. Born July 1, 1987 – Dec 3, 2004 — at least one parent must be a citizen. Born on/after Dec 3, 2004 — both parents must be citizens, OR one parent citizen and the other not an illegal migrant.
By Descent: Born outside India after Jan 26, 1950 but before Dec 10, 1992 — father must be a citizen. After Dec 10, 1992 — either parent must be a citizen. From Dec 3, 2004 — birth must be registered at an Indian consulate within one year.
India has single citizenship — only Indian citizenship, no state citizenship (unlike USA). The Constitution does not automatically grant dual citizenship. Citizenship can be lost by: (1) Renunciation; (2) Termination; (3) Deprivation. The Citizenship (Amendment) Act 2003 repealed Commonwealth Citizenship provisions.
- 1Part II (Articles 5–11) deals with citizenship at commencement. Article 11 empowers Parliament to make citizenship laws.
- 2Five ways to acquire citizenship: Birth, Descent, Registration, Naturalisation, Incorporation of Territory.
- 3Born before July 1, 1987 — citizen by birth irrespective of parents. Born July 1, 1987 – Dec 3, 2004 — at least one parent must be citizen. Born after Dec 3, 2004 — both parents must be citizens OR one citizen + other not illegal migrant.
- 4Children of foreign diplomats posted in India and enemy aliens cannot acquire Indian citizenship by birth.
- 5From Dec 3, 2004 — birth outside India must be registered at Indian consulate within one year for citizenship by descent.
- 6India has single citizenship — only Indian citizenship, not state citizenship. Different from USA which has dual citizenship (state + national).
- 7Citizenship can be lost by: Renunciation (voluntary), Termination (acquires another country's citizenship), Deprivation (by government).
- 8Commonwealth Citizenship provisions were repealed by the Citizenship (Amendment) Act, 2003.
The Fundamental Rights are enshrined in Part III of the Constitution (Articles 12–35). Originally there were seven fundamental rights; the Right to Property (Article 31) was removed by the 44th Amendment Act (1978) and made a constitutional (legal) right under Article 300A. Now there are six fundamental rights.
The six fundamental rights are: (1) Right to Equality (Articles 14–18), (2) Right to Freedom (Articles 19–22), (3) Right against Exploitation (Articles 23–24), (4) Right to Freedom of Religion (Articles 25–28), (5) Cultural and Educational Rights (Articles 29–30), (6) Right to Constitutional Remedies (Article 32).
Article 32 is called the "heart and soul of the Constitution" by Dr. Ambedkar. It allows persons to move the Supreme Court directly for enforcement of FRs through five writs: Habeas Corpus (produce the body), Mandamus (we command), Prohibition (stop proceedings), Certiorari (to be certified), Quo Warranto (by what authority).
Key features: FRs are not absolute but qualified; some are available only to citizens (Article 15, 16, 19, 29, 30), others to all persons including foreigners (Articles 14, 20, 21, 21A, 22, 23, 24, 25-28); they are justiciable; they can be suspended during National Emergency (except Articles 20 and 21); Parliament can curtail FRs only by constitutional amendment and not by ordinary law.
- 1FRs in Part III (Articles 12–35). Originally 7 rights; now 6 rights after Right to Property removed by 44th Amendment (1978).
- 2Article 32 = "Heart and Soul of the Constitution" (Dr. Ambedkar). Right to Constitutional Remedies.
- 3Five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto. High Courts issue writs under Article 226; SC under Article 32.
- 4FRs available to both citizens AND foreigners: Articles 14, 20, 21, 21A, 22, 23, 24, 25–28. FRs available only to citizens: Articles 15, 16, 19, 29, 30.
- 5FRs can be suspended during National Emergency — EXCEPT Articles 20 and 21 (cannot be suspended even during emergency).
- 6Article 21A (Right to Education) added by 86th Amendment Act (2002) — free and compulsory education for children 6–14 years.
- 7Six rights under Article 19: (i) speech & expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, (vi) profession. Originally 7 — right to property was removed.
- 8FRs can be curtailed by Parliament only through constitutional amendment, NOT by ordinary law. Subject to 'basic structure' doctrine.
The Directive Principles of State Policy (DPSP) are enumerated in Part IV of the Constitution (Articles 36–51). The framers borrowed this idea from the Irish Constitution of 1937, which had copied it from the Spanish Constitution. Dr. B.R. Ambedkar described these as 'novel features' of the Indian Constitution. Granville Austin described the Directive Principles and Fundamental Rights together as the 'Conscience of the Constitution'.
Key features: DPSPs are non-justiciable — they are not legally enforceable by courts. However, Article 37 states they are fundamental in the governance of the country and it shall be the duty of the State to apply them in making laws. They embody the concept of a 'welfare state', not a 'police state'.
The Constitution does not classify DPSPs, but based on content they are divided into three categories: (1) Socialistic Principles — welfare state, equal pay, equal justice; (2) Gandhian Principles — village panchayats, prohibition of intoxicating drinks, protection of cows, cottage industries; (3) Liberal-Intellectual Principles — uniform civil code, free legal aid, separation of judiciary from executive, participation of workers in management.
The conflict between Fundamental Rights and DPSPs was resolved by the 42nd Amendment Act (1976) which added Article 31C, giving DPSPs precedence over Articles 14 and 19. The Minerva Mills case (1980) held that harmony between Fundamental Rights and DPSPs is an essential feature of the basic structure.
- 1DPSPs in Part IV (Articles 36–51). Borrowed from Irish Constitution of 1937, which borrowed from Spanish Constitution.
- 2Dr. Ambedkar = DPSPs are 'novel features'. Granville Austin = DPSPs + FRs = 'Conscience of the Constitution'.
- 3DPSPs are non-justiciable (not enforceable by courts) but fundamental in governance (Article 37).
- 4DPSPs resemble 'Instrument of Instructions' in the Government of India Act 1935 (per Dr. Ambedkar).
- 5Three classifications (not in Constitution, but by scholars): Socialistic, Gandhian, Liberal-Intellectual.
- 6DPSPs embody concept of welfare state, not police state. Aim to achieve economic and social democracy.
- 7Article 31C (added by 42nd Amendment 1976): Laws giving effect to Articles 39(b) and (c) cannot be challenged on grounds of Articles 14 or 19.
- 8Minerva Mills case (1980): Harmony between FRs and DPSPs is part of the basic structure. Neither can be given absolute primacy over the other.
The original Constitution contained only Fundamental Rights, not Fundamental Duties. The Sardar Swaran Singh Committee (set up by Congress in 1976) recommended inclusion of Fundamental Duties. The 42nd Constitutional Amendment Act (1976) added a new Part IVA containing only one Article — Article 51A — specifying ten Fundamental Duties. A 11th Fundamental Duty was added by the 86th Amendment Act (2002): to provide opportunities for education to children aged 6–14 years.
Fundamental Duties are inspired by the Constitution of erstwhile USSR. Notably, constitutions of major democracies like USA, Canada, France, Germany, and Australia do NOT specifically contain a list of citizen duties. Japan is perhaps the only major democratic constitution that contains citizen duties. The Swaran Singh Committee suggested 8 duties; the 42nd Amendment included 10.
The 11 Fundamental Duties include: abide by the Constitution and respect national symbols; cherish and follow noble ideals of the national struggle; uphold sovereignty and integrity; defend the country; promote common brotherhood; preserve composite culture; protect natural environment; develop scientific temper; safeguard public property; strive towards excellence; provide educational opportunities for children (Article 51A(k), added 2002).
Fundamental Duties are non-justiciable — they cannot be enforced by a court of law. The Swaran Singh Committee had recommended penalties for non-compliance, but this was not accepted.
- 1Original Constitution had NO Fundamental Duties. Added by 42nd Amendment (1976).
- 2Inspired by the Constitution of erstwhile USSR.
- 3Swaran Singh Committee (1976) recommended 8 duties → 42nd Amendment added 10 duties. 86th Amendment (2002) added the 11th duty.
- 4Located in Part IVA, consisting of only Article 51A.
- 5USA, Canada, France, Germany, Australia do NOT have fundamental duties in their constitutions. Japan is perhaps the only major democratic constitution with citizen duties.
- 6Fundamental Duties are non-justiciable — courts cannot enforce them. Swaran Singh Committee's recommendation for penalties was NOT accepted.
- 7The 11th duty (Art 51A(k)): Parent or guardian to provide opportunities for education to children between ages 6 and 14 years.
- 8Verma Committee (2002) noted that some existing laws already provide for penalties relating to non-performance of some Fundamental Duties.
Article 368 in Part XX deals with the powers of Parliament to amend the Constitution. India's Constitution is neither flexible nor rigid, but a synthesis of both — the amendment procedure is neither as easy as Britain's nor as difficult as the USA's.
The procedure for amendment under Article 368: (1) A bill can be introduced in either House of Parliament — not in state legislatures. (2) Can be introduced by a minister or private member; no prior presidential permission needed. (3) Must be passed in each House by a special majority (majority of total membership + majority of 2/3 of members present and voting). (4) Each House passes separately — no joint sitting for constitutional amendments. (5) If the bill seeks to amend federal provisions, it must be ratified by legislatures of at least half the states by simple majority. (6) After passing, the bill is presented to the President. (7) The President must give assent — cannot withhold or return a constitutional amendment bill (24th Amendment Act 1971 made this obligatory). (8) After assent, it becomes a constitutional amendment act.
The Constitution provides for three types of amendments: (1) By simple majority (for certain provisions like creation of new states, salaries of MPs, etc.); (2) By special majority of Parliament; (3) By special majority of Parliament plus ratification by at least half the state legislatures (for federal provisions). The Parliament cannot amend the 'basic structure' of the Constitution — ruled in the Kesavananda Bharati case (1973).
- 1Article 368, Part XX deals with amendment. India's constitution = synthesis of rigid and flexible — neither purely one nor the other.
- 2Amendment bill introduced in either House of Parliament (NOT state legislatures). No prior presidential permission needed.
- 3Special majority = majority of total membership of House AND 2/3 of members present and voting — BOTH conditions must be met simultaneously.
- 4No joint sitting for constitutional amendment bills — unlike ordinary legislation. Each House must pass separately.
- 5For federal provisions: ratification by at least half the state legislatures by simple majority required.
- 624th Amendment Act (1971): Made it obligatory for the President to give assent to constitutional amendment bills. President cannot withhold assent or return the bill.
- 7Parliament cannot amend the 'basic structure' of the Constitution — ruled in Kesavananda Bharati case (1973).
- 8Three categories of amendment: (i) Simple majority; (ii) Special majority; (iii) Special majority + half state ratification.
The Basic Structure doctrine emerged from a series of landmark cases. The question of whether Parliament could amend Fundamental Rights arose almost immediately after the Constitution came into force.
Elements declared as part of basic structure (by SC over time) include: supremacy of the Constitution, republican and democratic form of government, secular character, separation of powers, federal character, judicial review, rule of law, fundamental rights, directive principles, unity and integrity of the nation, free and fair elections, among others.
- 1Shankari Prasad (1951): Parliament CAN amend FRs. Art 13 'law' = only ordinary laws, not constitutional amendments.
- 2Golak Nath (1967): Parliament CANNOT amend FRs. FRs have 'transcendental and immutable' position. Reversed earlier stance.
- 324th Amendment (1971): Parliament declared it CAN amend FRs. Also made presidential assent to amendment bills obligatory.
- 4Kesavananda Bharati (1973): 13-judge bench. Parliament CAN amend FRs (overruling Golak Nath), BUT cannot alter BASIC STRUCTURE. First articulation of basic structure doctrine.
- 5Indira Gandhi Case (1975): Basic structure doctrine applied. 39th Amendment provision (keeping PM/Speaker election disputes outside courts) struck down as violating basic structure.
- 642nd Amendment (1976): Tried to make Parliament's amending power absolute and immune from judicial challenge.
- 7Minerva Mills (1980): Struck down 42nd Amendment's absolute power provision. Judicial review = basic feature. Parliament has LIMITED amending power; cannot convert it to unlimited.
- 8Basic structure is NOT defined exhaustively in any act — it has been identified progressively through Supreme Court judgments.
The Constitution of India provides for a parliamentary form of government both at the Centre and in the states. Articles 74 and 75 deal with the parliamentary system at the Centre and Articles 163 and 164 in the states.
Modern democratic governments are classified into parliamentary and presidential based on the nature of relations between the executive and the legislature. In a parliamentary system, the executive is responsible to the legislature. In a presidential system, the executive is not responsible to the legislature and is constitutionally independent of it.
The parliamentary government is also known as cabinet government (Ivor Jennings) or responsible government or Westminster model. It is prevalent in Britain, Japan, Canada, and India. The presidential model (USA, Brazil, Russia, Sri Lanka) is also called a non-responsible or fixed-executive system.
British PM was once called primus inter pares (first among equals), but modern analysts like Crossman and Mackintosh describe it as "prime ministerial government" — the same holds for India.
1. Familiarity: K.M. Munshi — India had parliamentary traditions for 30–40 years under British rule. 2. More Responsibility: Dr. Ambedkar — "The Draft Constitution has preferred more responsibility to more stability." 3. Avoiding Legislative–Executive Conflicts: The founders feared perpetual conflicts (as in the US presidential model) in an infant democracy. 4. Heterogeneous Society: Parliament offers wider representation to India's diverse sections, interests, and regions.
- 1Nominal & Real Executives: President = nominal/titular executive (de jure). Prime Minister = real executive (de facto). President is Head of State; PM is Head of Government. Art. 74 — advice of CoM is binding on the President (made binding by 42nd & 44th Amendments).
- 2Majority Party Rule: Party securing majority seats in Lok Sabha forms the government. Its leader becomes PM. In a hung house, a coalition may be invited. President appoints ministers on PM's advice.
- 3Collective Responsibility (Art. 75): The BEDROCK principle. Ministers act as a team — swim and sink together. Lok Sabha can remove the ministry by a vote of no confidence.
- 4Political Homogeneity: Ministers normally belong to the same party and share the same political ideology. In coalition governments, ministers are bound by consensus.
- 5Double Membership: Ministers are members of both the legislature and the executive. A person cannot be minister without being a Parliament member. A minister who is not an MP for 6 consecutive months ceases to be a minister.
- 6Leadership of PM: PM is leader of the Council of Ministers, leader of Parliament, and leader of the ruling party. He plays a dominant role in the government's functioning.
- 7Dissolution of Lok Sabha: President can dissolve Lok Sabha on PM's recommendation before expiry of term, enabling fresh elections. The executive can get the legislature dissolved — key feature of parliamentary system.
- 8Secrecy: Ministers operate on the principle of secrecy — cannot divulge information about proceedings, policies, or decisions. They take an oath of secrecy administered by the President.
- 9Merits of Parliamentary System: (i) Harmony between Legislature & Executive; (ii) Responsible Government; (iii) Prevents Despotism (dispersal of authority); (iv) Ready Alternative Government (opposition = alternative PM); (v) Wide Representation.
- 10Demerits: (i) Unstable Government — examples: Morarji Desai, Charan Singh, V.P. Singh, Deve Gowda; (ii) No Continuity of Policies; (iii) Dictatorship of the Cabinet (Ramsay Muir); (iv) Against Separation of Powers — fusion of powers (Bagehot: cabinet is a hyphen); (v) Government by Amateurs.
- 11India vs Britain — Key Differences: (1) India = Republic; Britain = Monarchy. (2) India = Limited parliament (written Constitution + judicial review + FRs); Britain = Parliamentary supremacy. (3) India — PM can be from any House; Britain — must be from House of Commons. (4) India — non-MP can be minister for max 6 months; Britain — only MPs. (5) No legal responsibility of minister in India (Britain has it). (6) No 'Shadow Cabinet' in India.
- 12Swaran Singh Committee (1975): Opined that the parliamentary system has been doing well and there is no need to replace it with the presidential system.
| Feature | Parliamentary System | Presidential System |
|---|---|---|
| Executive | Dual executive (nominal President + real PM) | Single executive (President = Head of State + Head of Govt) |
| Responsibility | Collective responsibility to legislature | Non-responsible to legislature |
| Membership | Double membership (legislature + executive) | Single membership — secretaries not legislators |
| Dissolution | Lower House can be dissolved | No dissolution of lower house |
| Powers | Fusion of powers | Separation of powers |
| Stability | Less stable — depends on majority | More stable — fixed tenure |
| Representation | Wide representation possible | Narrower representation |
| Despotism | Prevents despotism (group rule) | May lead to autocracy |
| Examples | India, UK, Japan, Canada | USA, Brazil, Russia, Sri Lanka |
Political scientists classify governments as unitary (all powers in national government) or federal (powers divided between national and regional governments by the Constitution). Britain, France, Japan = Unitary. USA, Switzerland, Australia, Canada, Russia = Federal.
The term 'federation' derives from Latin foedus = treaty/agreement. A federation can be formed by integration (weak states come together — e.g., USA, 1787) or by disintegration (unitary state grants autonomy — e.g., Canada, 1867). The USA is the first and oldest federation.
The Indian Constitution does not use the word 'federation'. Article 1 describes India as a 'Union of States'. Dr. Ambedkar explained: (i) Indian federation is NOT the result of an agreement among states like the American federation; (ii) States have no right to secede. The federation is a union because it is indestructible.
Indian federal system is based on the Canadian model, not the American model. Canada: formed by disintegration; uses the term 'Union'; has a strong centralising tendency — all three features match India.
KC Wheare: "Quasi-federal" — unitary state with subsidiary federal features. K Santhanam: India has practically functioned as a unitary state. Paul Appleby: "Extremely federal." Morris Jones: "Bargaining federalism." Ivor Jennings: "Federation with a strong centralising tendency." Granville Austin: "Cooperative federalism" — strong Centre, but states not reduced to administrative agencies. SR Bommai Case (1994): SC declared federalism a 'basic feature' of the Constitution.
- 1Dual Polity: Union at the Centre + States at the periphery. Each has sovereign powers in its assigned field. Union: defence, foreign affairs, currency, communication. States: public order, agriculture, health, local govt.
- 2Written Constitution: Lengthiest Constitution in the world. Originally: Preamble + 395 Articles + 8 Schedules. Now: ~470 Articles (25 Parts) + 12 Schedules. Specifies structure, powers, and limits of both Centre and states.
- 3Division of Powers (7th Schedule): Union List = 98 subjects (originally 97). State List = 59 subjects (originally 66). Concurrent List = 52 subjects (originally 47). Residuary powers → Centre. In case of conflict: Central law prevails.
- 4Supremacy of the Constitution: All laws of Centre and states must conform to the Constitution. Supreme Court and High Courts can strike down laws through judicial review. Constitution = supreme law of the land.
- 5Rigid Constitution: Provisions concerning federal structure (Centre–State relations, judicial organisation) can be amended only by special majority of Parliament + approval of at least half of the state legislatures.
- 6Independent Judiciary: Supreme Court at the apex. Protects constitutional supremacy through judicial review. Settles disputes between Centre and states, or inter-state disputes. Judges have security of tenure and fixed conditions of service.
- 7Bicameralism: Rajya Sabha (Upper House) represents states of the Indian federation. Lok Sabha (Lower House) represents the people. Rajya Sabha maintains federal equilibrium by protecting state interests against undue Central interference.
- 1Strong Centre: Union List has more + more important subjects than State List. Centre has overriding authority over Concurrent List. Residuary powers with Centre (unlike USA, where they vest in states).
- 2States Not Indestructible: Parliament can unilaterally change area, boundaries, or name of any state by simple majority. India = "Indestructible Union of Destructible States" (vs USA = "Indestructible Union of Indestructible States").
- 3Single Constitution: States cannot frame their own constitutions. Exception: erstwhile J&K (Art. 370, till 2019). Both Centre and states operate within the same constitutional framework.
- 4Flexibility of Constitution: Bulk of the Constitution can be amended by Parliament alone (simple or special majority). Only Centre can initiate amendments (not states, unlike USA).
- 5No Equality of State Representation in Rajya Sabha: Representation based on population — varies from 1 to 31. USA Senate: 100 members, 2 from each state — principle of equality of state representation.
- 6Emergency Provisions: During emergency (National/State/Financial), Centre becomes all-powerful; states go under Centre's total control. Converts federal structure to unitary without formal amendment — unique to India.
- 7Single Citizenship: Only Indian citizenship — no separate state citizenship (like Canada). USA and Australia have dual citizenship. All citizens enjoy same rights regardless of state of birth or residence.
- 8Integrated Judiciary: Single court system — SC at top, HCs below — enforces both Central and state laws. USA has a double system (federal courts for federal laws; state courts for state laws).
- 9All-India Services (IAS, IPS, IFoS): Common to both Centre and states. Recruited and trained by Centre. Ultimate control with Centre. Violates federalism principle. USA has separate federal and state services.
- 10Integrated Audit Machinery: Comptroller and Auditor-General audits both Centre and state accounts. Appointed and removed by President without consulting states — restricts financial autonomy of states.
- 11Parliament's Authority over State List: Rajya Sabha can pass a resolution (by 2/3 majority) for Parliament to legislate on State List subjects in national interest — without any emergency. Extended parliamentary competence without Constitutional amendment.
- 12Appointment of Governor: Governor (head of state) appointed by President and holds office at President's pleasure. Acts as Centre's agent in states. Canadian model. USA has elected state heads.
- 13Integrated Election Machinery: Election Commission constituted by President; conducts both Central and state legislature elections. States have no say in its composition or removal of members.
- 14Veto Over State Bills: Governor can reserve state bills for President's consideration. President has absolute veto (not suspensive veto) over such bills — even in the second instance. USA and Australia have no such provision.
The Constitution divides all powers — legislative, executive, and financial — between Centre and states. There is no division of judicial power (integrated judiciary). Centre–State relations are studied under three heads: Legislative Relations (Arts. 245–255), Administrative Relations (Arts. 256–263), Financial Relations (Arts. 268–293).
Legislative Relations: Four aspects — (1) Territorial extent of legislation, (2) Distribution of legislative subjects (3 lists), (3) Parliamentary legislation in the state field (5 extraordinary circumstances), (4) Centre's control over state legislation.
Administrative Relations: Distribution of executive powers follows legislative division. Centre can give directions to states. Mutual delegation of functions possible. All-India Services, Public Service Commissions, Integrated Judiciary, and Emergency relations.
Financial Relations: Allocation of taxing powers. Distribution of tax revenues (Articles 268–271 + 80th and 101st Amendments). Grants-in-Aid (Statutory under Art. 275; Discretionary under Art. 282). GST Council (Art. 279-A). Finance Commission (Art. 280).
A. When Rajya Sabha passes a resolution (2/3 majority) in national interest. B. During National Emergency. C. When states make a request (2+ states pass resolutions). D. To implement International Agreements. E. During President's Rule in that state.
- 1Territorial Extent: Parliament can make laws for whole/any part of India (including extra-territorial legislation). State legislature: for whole/any part of the state. Restrictions: President can make regulations for certain UTs (A&N Islands, Lakshadweep, etc.).
- 2Three Lists (7th Schedule): Union List (98 subjects) — Parliament exclusive. State List (59 subjects) — State legislature exclusive (in normal circumstances). Concurrent List (52 subjects) — both can legislate; in conflict, Central law prevails. Residuary powers → Parliament.
- 3Precedence: Union List > State List. Union List > Concurrent List. Concurrent List > State List. Exception in Concurrent List: if state law is reserved for President and gets his assent, state law prevails in that state. But Parliament can override it later.
- 442nd Amendment (1976) transferred 5 subjects from State to Concurrent List: (a) Education, (b) Forests, (c) Weights & Measures, (d) Protection of Wild Animals & Birds, (e) Administration of Justice (constitution of all courts except SC and HCs).
- 5When States Make a Request (C): Laws enacted: Prize Competition Act (1955), Wild Life (Protection) Act (1972), Water (Prevention & Control of Pollution) Act (1974), Urban Land (Ceiling & Regulation) Act (1976), Transplantation of Human Organs Act (1994).
- 6To implement International Agreements (D): Examples: UN (Privileges & Immunities) Act (1947), Geneva Convention Act (1960), Anti-Hijacking Act (1982), and legislation relating to environment and TRIPS.
- 7Centre's control over state legislation: (i) Governor can reserve state bills for President — President has absolute veto (Arts. 200 & 201). (ii) State bills on trade restriction need prior Presidential sanction (Art. 304). (iii) During financial emergency, Centre can direct states to reserve money bills for President (Art. 360). (iv) Governor cannot make ordinance without President's instructions in certain cases (Art. 213).
- 1No tax entries in Concurrent List (unlike legislative subjects). But 101st Amendment (2016) created an exception by granting concurrent power for GST. Parliament and state legislatures both can levy GST (Art. 246-A).
- 2Art. 268: Taxes levied by Centre but collected & appropriated by States — e.g., stamp duties on bills of exchange, cheques, promissory notes, insurance policies, share transfers.
- 3Art. 269: Taxes levied & collected by Centre but assigned to States — taxes on inter-state sale/purchase of goods; taxes on consignment of goods in inter-state trade.
- 4Art. 269-A: GST on inter-state supplies levied & collected by Centre but divided between Centre and States as per Parliament's law on GST Council's recommendation.
- 5Art. 270: Taxes levied & collected by Centre but distributed between Centre and States. Manner of distribution prescribed by President on Finance Commission's recommendation.
- 6Art. 271: Surcharges on taxes — proceeds go exclusively to Centre. States have no share. Exception: GST cannot be surcharged under Art. 271.
- 780th Amendment (2000): 10th Finance Commission recommended 29% of certain central taxes to go to states — 'Alternative Scheme of Devolution' — effective from April 1, 1996 retrospectively.
- 8GST Council (Art. 279-A): Joint forum of Centre and States. Chairman: Union Finance Minister. Makes recommendations on taxes to be merged into GST, goods/services to be taxed/exempted, GST rates, threshold limits, special rates for natural calamities, etc.
- 9Finance Commission (Art. 280): Quasi-judicial body, constituted every 5 years by President. Recommends: distribution of net tax proceeds, grants-in-aid principles, augmenting state consolidated funds for panchayats/municipalities, and any other matter referred by President.
- 10Grants-in-Aid: (i) Statutory Grants (Art. 275) — to states in need, on Finance Commission's recommendation. (ii) Discretionary Grants (Art. 282) — Centre is under no obligation; helps states meet plan targets and gives Centre leverage. (iii) Other Grants — e.g., in lieu of export duty on jute (for Assam, Bihar, Orissa, West Bengal) for 10 years from commencement.
- 1Administrative Reforms Commission (1966): Chaired by Morarji Desai (then Hanumanthayya). Study team under M.C. Setalvad. 22 recommendations (1969): Inter-State Council under Art. 263; apolitical governors; delegation to states; more financial resources to states. No action taken by Central government.
- 2Rajamannar Committee (1969): Appointed by Tamil Nadu (DMK). Chaired by Dr. P.V. Rajamannar. Report submitted 1971. Key demands: Inter-State Council; abolish Arts. 356/357/365; abolish All-India Services; transfer subjects from Union/Concurrent to State List; residuary powers to states. Completely ignored by Central govt.
- 3Anandpur Sahib Resolution (1973): Akali Dal — demanded Centre's jurisdiction confined to defence, foreign affairs, communications, currency; all residuary powers to states; equal authority and representation to all states at Centre.
- 4West Bengal Memorandum (1977): Communist govt. Demanded: replace 'Union' with 'Federal'; Centre confined to 5 subjects; repeal Arts. 356/357/360; 75% revenue to states; equal Rajya Sabha powers; abolish All-India Services. Not accepted.
- 5Sarkaria Commission (1983–88): Chaired by R.S. Sarkaria (retired SC judge). 247 recommendations. Most important: permanent Inter-State Council (most significant — established in 1990); Art. 356 only as last resort; strengthen All-India Services; residuary taxation with Parliament; other residuary in Concurrent List; consult CM before governor appointment; consult states on Concurrent List legislation. 180 of 247 recommendations implemented.
- 6Punchhi Commission (2007–2010): Chaired by Madan Mohan Punchhi (former CJI). 1,456-page report in 7 volumes. 310+ recommendations. Key: cooperative federalism; restraint in asserting parliamentary supremacy in state matters; Inter-State Council with auditing role; governors' fixed 5-year tenure and impeachment procedure; Art. 356 only as last resort; new All-India services in health, education, engineering, judiciary; Rajya Sabha reforms (equal representation for states); Zonal Councils to meet at least twice a year.
The Constitution makes four provisions for inter-state comity: (1) Adjudication of inter-state water disputes (Art. 262), (2) Coordination through inter-state councils (Art. 263), (3) Mutual recognition of public acts, records and judicial proceedings (Art. 261), and (4) Freedom of inter-state trade, commerce and intercourse (Arts. 301–307). Zonal Councils are statutory bodies established under the States Reorganisation Act, 1956.
Inter-State Water Disputes (Art. 262): Parliament may provide for adjudication of disputes over use, distribution, and control of waters of any inter-state river/river valley. Parliament may also exclude Supreme Court/any other court from jurisdiction. Two laws enacted: River Boards Act (1956) and Inter-State River Water Disputes Act (1956). The ISRWDA empowers the Central government to set up ad hoc tribunals whose decisions are final and binding.
Inter-State Council (Art. 263): President can establish if public interest is served. Functions: enquiring and advising on inter-state disputes; investigating subjects of common interest; making recommendations for better policy coordination. Established in 1990 on Sarkaria Commission's recommendation by V.P. Singh govt. PM is Chairman; all CMs, UTs, Governors under President's Rule, and 6 Central cabinet ministers (including Home Minister) are members.
Inter-State Trade (Art. 301): Trade, commerce and intercourse throughout India shall be FREE. Object: break down border barriers, create one unit, encourage free flow. This freedom applies to both inter-state AND intra-state trade. Subject to restrictions in Arts. 302–305.
- 1Inter-State Water Dispute Tribunals: 9 tribunals set up so far. Notable ones: Krishna I (1969), Godavari (1969), Narmada (1969), Ravi & Beas (1986), Cauvery (1990), Krishna II (2004), Vansadhara (2010), Mahadayi (2010), Mahanadi (2018). Decisions are final — SC has no jurisdiction.
- 2Inter-State Council (1990): President: establishes. Chairman: Prime Minister. Members: all state CMs, CMs of UTs with legislatures, administrators of UTs without legislatures, Governors of states under President's Rule, 6 Central cabinet ministers (incl. Home Minister). 5 cabinet/MoS ministers are permanent invitees. Decisions by consensus. Meets at least thrice a year (in camera).
- 3Standing Committee of the Council: Set up in 1996. Chairman: Union Home Minister. Members: 5 Union Cabinet Ministers + 9 Chief Ministers. For continuous consultation and processing matters. Inter-State Council Secretariat set up in 1991; since 2011, also functions as secretariat of Zonal Councils.
- 4Full Faith and Credit Clause (Art. 261): Full faith and credit is given throughout India to public acts, records, and judicial proceedings of the Centre and every state. 'Public acts' = both legislative and executive acts. Final civil court judgements can be executed anywhere in India without fresh suit. Does NOT apply to criminal judgements — courts of one state cannot be compelled to enforce penal laws of another state.
- 5Restrictions on Free Trade (Arts. 302–305): Parliament can impose restrictions in public interest. No preference to one state over another (except scarcity). State legislature can impose reasonable restrictions with President's prior sanction; cannot discriminate between states. State can impose tax on imported goods if similar goods made locally are taxed (no discriminatory taxation). Nationalisation laws are protected — state/Centre can monopolise trade.
- 6Zonal Councils (Statutory — States Reorganisation Act, 1956): 5 zones: Northern, Central, Eastern, Western, Southern. Common Chairman: Union Home Minister. Each CM acts as Vice-Chairman by rotation (1 year). Members: CMs of all states in zone + 2 ministers from each state + Administrator of UTs in zone. Advisors (without voting rights): NITI Aayog nominee, Chief Secretary, Development Commissioner of each state in zone.
- 7Zonal Council Objectives: Emotional integration; arrest growth of regionalism, linguism; remove after-effects of partition; Centre-state cooperation on social & economic matters; coordination in development projects; political equilibrium across regions. They are purely deliberative and advisory — no binding powers.
- 8North-Eastern Council: Created by North-Eastern Council Act, 1971 (came into existence August 8, 1972). Members: Assam, Manipur, Mizoram, Arunachal Pradesh, Nagaland, Meghalaya, Tripura, Sikkim (added 2002). Additional function: formulate unified coordinated regional plan; review security and public order measures in region.
| Zonal Council | Member States/UTs | Headquarters |
|---|---|---|
| Northern | Himachal Pradesh, Haryana, Punjab, Rajasthan, Delhi, Chandigarh, J&K, Ladakh | New Delhi |
| Central | Uttar Pradesh, Uttarakhand, Chhattisgarh, Madhya Pradesh | Prayagraj |
| Eastern | Bihar, Jharkhand, West Bengal, Odisha | Kolkata |
| Western | Gujarat, Maharashtra, Goa, Dadra & Nagar Haveli and Daman & Diu | Mumbai |
| Southern | Andhra Pradesh, Telangana, Karnataka, Tamil Nadu, Kerala, Puducherry | Chennai |
Emergency provisions are in Part XVIII, Arts. 352–360. During emergency, the Central government becomes all-powerful and states go under Centre's total control. This converts the federal structure into a unitary one without formal amendment — unique to the Indian Constitution.
Dr. Ambedkar: "The Constitution of India can be both unitary as well as federal according to the requirements of time and circumstances. In normal times, it works as a federal system. In times of Emergency, it works as a unitary system."
Three types of Emergency: (1) National Emergency — Art. 352 (war, external aggression, armed rebellion). (2) President's Rule / State Emergency / Constitutional Emergency — Art. 356 (failure of constitutional machinery in states). (3) Financial Emergency — Art. 360 (threat to financial stability/credit of India).
The 44th Amendment Act, 1978 introduced multiple safeguards against misuse (after 1975 emergency controversy): written cabinet recommendation required, special majority for approval, 1-month approval period (from 2 months), periodic parliamentary approval every 6 months, Lok Sabha can disapprove with simple majority, Art. 19 suspended only during external emergency (not armed rebellion), Arts. 20 & 21 cannot be suspended ever, judicial review restored.
- 1Grounds: War, external aggression, or armed rebellion. Can be declared even before actual occurrence if President is satisfied of imminent danger. 'Armed rebellion' replaced 'internal disturbance' by the 44th Amendment (1978). External Emergency (war/external aggression) vs Internal Emergency (armed rebellion).
- 2Cabinet Recommendation Required (44th Amendment): President can proclaim only after receiving WRITTEN recommendation from the Cabinet. PM alone cannot advise — full cabinet must concur. (In 1975, Indira Gandhi bypassed cabinet — this safeguard prevents recurrence).
- 3Parliamentary Approval: Must be approved by BOTH Houses within 1 month (reduced from 2 months by 44th Amendment). Must be passed by SPECIAL MAJORITY: (a) majority of total membership of the House AND (b) not less than 2/3 of members present and voting. Previously, only simple majority was needed.
- 4Duration: If approved, continues for 6 months. Can be extended indefinitely with Parliament's approval every 6 months. This periodic approval requirement was added by 44th Amendment — earlier, it continued as long as Executive desired.
- 5Revocation: President can revoke at any time — no parliamentary approval needed. MUST revoke if Lok Sabha passes a disapproval resolution (introduced by 44th Amendment). 1/10 of total Lok Sabha members can give written notice to Speaker/President to convene a special sitting within 14 days to consider disapproval. Disapproval resolution: simple majority of Lok Sabha only (not Rajya Sabha; not special majority).
- 6Territorial Scope: Can apply to whole country or only a part (42nd Amendment, 1976). President can issue multiple simultaneous proclamations on different grounds.
- 7Effect on Centre-State Relations — Executive: Centre can give executive directions to states on ANY matter (not just specified matters as in normal times). State governments remain — not suspended — but come under complete Central control.
- 8Effect — Legislative: Parliament can make laws on ANY State List subject. State legislatures not suspended but subject to Parliamentary overriding power. Such laws become inoperative 6 months after emergency ceases. President can issue ordinances on state subjects too.
- 9Effect — Financial: President can modify constitutional distribution of revenues (reduce/cancel transfer of finances to states). Such modification continues till end of financial year in which emergency ceases. All such orders to be laid before both Houses.
- 10Effect on Life of Lok Sabha and State Assemblies: Parliament can extend Lok Sabha's life beyond 5 years by 1 year at a time (example: 5th Lok Sabha term extended twice during 1975 emergency). Similarly, state assembly tenure can be extended by 1 year each time. All extensions: maximum 6 months after emergency ceases.
- 11Effect on Art. 19 (Art. 358): Six Fundamental Rights under Art. 19 automatically suspended. No separate order needed. Art. 19 revives automatically when emergency ceases. 44th Amendment restriction: suspension of Art. 19 only during EXTERNAL emergency (war/external aggression) — NOT during internal emergency (armed rebellion).
- 12Effect on Other FRs (Art. 359): President can suspend enforcement (not the rights themselves) of specified FRs by order. CANNOT suspend Arts. 20 & 21 ever (44th Amendment). Suspension can be for whole country or part, for full emergency period or shorter. Order must be laid before Parliament.
- 133 National Emergencies Declared So Far: (i) October 1962 — Chinese aggression in NEFA — lasted till January 1968 (so no fresh declaration needed for 1965 Pakistan War). (ii) December 1971 — Pakistan's attack. (iii) June 1975 — 'internal disturbance' (Indira Gandhi's controversial emergency). Both 2nd and 3rd revoked in March 1977. First two: external aggression. Third: internal disturbance (now replaced by 'armed rebellion' post 44th Amendment).
| Feature | Article 358 | Article 359 |
|---|---|---|
| Scope of FRs | Only Art. 19 (6 FRs) | All FRs except Arts. 20 & 21 |
| Mode of Suspension | Automatic — no separate order needed | Presidential Order required (not automatic) |
| Type of Emergency | Only External Emergency (war/aggression) | Both External AND Internal Emergency |
| Duration | Entire duration of Emergency | Specified by President — may be shorter than emergency |
| Territorial Extent | Entire country | Whole country OR part of it |
| Arts. 20 & 21 | N/A (Art. 19 only) | CANNOT be suspended (44th Amendment) |
| What is suspended | Art. 19 itself (rights suspended) | Only enforcement of specified FRs (rights alive, remedy suspended) |
| Similarity | Both: only laws related to Emergency are protected; executive actions under those laws are protected; actions during emergency cannot be challenged even after emergency ends. | |
- 1Grounds for President's Rule: Art. 356 — President satisfied that state govt cannot function as per Constitution. Art. 365 — state fails to comply with Central directions. Can be based on Governor's report OR even without it (President can act on own satisfaction).
- 2Parliamentary Approval — President's Rule: Both Houses must approve within 2 months (not 1 month like National Emergency). SIMPLE majority (not special majority). If Lok Sabha is dissolved, survives 30 days from first sitting of reconstituted Lok Sabha if Rajya Sabha has approved.
- 3Duration of President's Rule: Maximum 3 years (National Emergency has NO maximum period). Approved for 6 months at a time. Beyond 1 year, can be extended only if: (a) National Emergency in operation in that state/whole of India AND (b) Election Commission certifies elections cannot be held. Punjab exception: 68th Amendment (1991) allowed 5 years' President's Rule in Punjab.
- 4Consequences of President's Rule: State CoM (headed by CM) is dismissed. State legislature suspended or dissolved. Governor administers the state on behalf of President, with help of Chief Secretary/advisors. Parliament passes state bills and state budget. Laws made during President's Rule continue after it ends (not co-terminus with its duration). State High Court's powers not affected.
- 5President's Rule — Use History: Imposed 125+ times since 1950. First time: Punjab (1951). Almost all states brought under it at least once. The 1977 Janata Govt imposed it in 9 Congress states; 1980 Congress Govt imposed it in 9 states where non-Congress govts ruled — controversial and widely criticised as political misuse.
- 6SR Bommai Case (1994) — 10 Key Propositions: (1) Presidential proclamation subject to judicial review. (2) Satisfaction must be based on relevant material — can be struck down if malafide/irrelevant. (3) Burden of proof on Centre. (4) Court can check relevance, not adequacy/correctness. (5) Court can restore dismissed govt and revive assembly. (6) Assembly to be dissolved ONLY after Parliament approves — until then only suspended. (7) Secularism is basic feature — anti-secular govt liable to Art. 356. (8) Confidence issue must be decided on floor of House. (9) New party at Centre cannot dismiss state govts of other parties. (10) Art. 356 is exceptional — use sparingly.
- 7Financial Emergency (Art. 360): Ground: President satisfied that financial stability or credit of India or any part is threatened. Parliamentary approval: both Houses within 2 months, by SIMPLE majority. Duration: continues INDEFINITELY once approved — no maximum period, no periodic renewal needed. Revoked by President at any time without parliamentary approval. NO Financial Emergency has ever been declared (though 1991 crisis was severe).
- 8Effects of Financial Emergency: Centre can direct states to: (i) observe canons of financial propriety; (ii) reduce salaries/allowances of all or any class of state employees; (iii) reserve all money bills and financial bills for President's consideration. President can also reduce salaries of: (i) Central govt employees; (ii) Judges of SC and HCs.
| Feature | National Emergency (Art. 352) | President's Rule (Art. 356) |
|---|---|---|
| Ground | War, external aggression, armed rebellion | Failure of constitutional machinery (any reason) |
| State Govt | Continues functioning (not dismissed) | Dismissed; Centre takes over |
| State Legislature | Continues (but subject to Parliamentary override) | Suspended or dissolved |
| Maximum Duration | NO maximum — indefinite with 6-monthly approval | 3 years maximum (6 months + extensions) |
| Parliament Approval | Special majority (both Houses) | Simple majority (both Houses) |
| Revocation by Lok Sabha | Yes — by simple majority resolution | No such provision |
| Parliament delegation | Parliament only — cannot delegate legislative power | Parliament can delegate power to President/others |
| States affected | Relationship of ALL states with Centre changes | Only the state under emergency affected |
| Fundamental Rights | Arts. 19, and others (via Art. 359 order) affected | No effect on Fundamental Rights |
| Approval period | Within 1 month of issue | Within 2 months of issue |
Articles 52 to 78 in Part V deal with the Union Executive, which consists of the President, Vice-President, Prime Minister, Council of Ministers, and Attorney General. The President is the head of the Indian State and first citizen of India.
Election: Indirect election by an Electoral College comprising elected members of both Houses of Parliament + elected members of State Legislative Assemblies + elected members of Delhi and Puducherry assemblies. Nominated members do NOT participate. Voting is by proportional representation via single transferable vote and by secret ballot.
Vote Value Formula: State MLA vote = Population of state ÷ (Total elected MLAs × 1000). MP vote = Total MLA votes of all states ÷ Total elected MPs. In 2022, MP vote value was 700; total electoral votes = 10,86,431.
Qualifications: Citizen of India, 35 years of age, eligible for Lok Sabha election, must not hold office of profit. 50 proposers + 50 seconders required; security deposit of ₹15,000.
"The President of India is the head of the State but not of the Executive. He represents the nation but does not rule the nation. He is the symbol of the nation. His place in administration is that of a ceremonial device or a seal by which the nation's decisions are made known."
Term: 5 years; can be re-elected any number of times. Impeachment: For "violation of the Constitution" — charges initiated in either House, signed by ¼ members, 14 days' notice, passed by ⅔ of total membership of initiating House, then investigated by other House. No President has been impeached so far.
Powers: Executive (appoints PM, Ministers, AG, CJI, Governors, UPSC Chairman, CAG, CEC etc.), Legislative (summons, prorogues, dissolves Lok Sabha; nominates 12 Rajya Sabha members; addresses Parliament; gives assent to bills; promulgates ordinances), Financial (Union Budget, Money Bill recommendation), Judicial (pardoning power, advisory to SC), Diplomatic, Military (Supreme Commander), Emergency (Arts. 352, 356, 360).
- 1Absolute Veto: Withholding assent to a bill — the bill ends. Used in 1954 (PEPSU Appropriation Bill by Dr. Rajendra Prasad) and 1991 (MP Salary Amendment Bill by R. Venkataraman).
- 2Suspensive Veto: Returning a bill for reconsideration. If Parliament re-passes it (even by simple majority), President MUST give assent. Cannot be used for Money Bills.
- 3Pocket Veto: Taking NO action on a bill — indefinitely. Indian President's pocket is "bigger than the American President" since no time limit is prescribed in India. Used by Zail Singh in 1986 (Indian Post Office Amendment Bill).
- 4No Qualified Veto: This exists with the US President (can be overridden by higher majority) but NOT with the Indian President.
- 5Ordinance Power (Art. 123): Can be issued only when BOTH Houses (or either one) are NOT in session. Has same force as an Act. Must be approved by Parliament within 6 weeks of reassembly. Maximum life = 6 months + 6 weeks. Cannot amend the Constitution.
- 6Pardoning Power (Art. 72): Pardon (removes conviction + sentence), Commutation (lighter punishment), Remission (reduces period), Respite (lesser sentence for special reason), Reprieve (temporary stay of death sentence). Covers court martial and Union Law offences. Pardon of death sentence is with President; Governor cannot pardon death sentence.
- 742nd Amendment 1976: Made President bound by CoM advice. 44th Amendment 1978: Allowed President to return advice ONCE for reconsideration; reconsidered advice is binding. President has NO constitutional discretion but has some situational discretion (hung parliament, sudden death of PM).
- 8Presidents List (selected): Dr. Rajendra Prasad (1st, only 2 terms), Dr. Radhakrishnan (2nd), Dr. Zakir Husain (died in office), V.V. Giri (1st elected with less than 50% in 1st round), N. Sanjeeva Reddy (only unopposed President, 1977), Ms. Pratibha Patil (1st woman President), Droupadi Murmu (latest, 2022 — first tribal woman President).
- 9Oath: Administered by Chief Justice of India. President swears to (i) faithfully execute office; (ii) preserve, protect and defend the Constitution and law; (iii) devote himself to service and well-being of people.
- 10Salary: ₹5 lakh/month (increased in 2018). Emoluments cannot be reduced during term. Entitled to Rashtrapati Bhavan without rent payment.
The Vice-President occupies the second highest office in the country. The office is modelled on the lines of the American Vice-President. He/she is elected by both elected AND nominated members of both Houses of Parliament — NOT by state assembly members (unlike the President).
Qualifications: Citizen of India, 35 years, qualified for Rajya Sabha election, no office of profit. Needs 20 proposers + 20 seconders; ₹15,000 security deposit. Election by proportional representation via single transferable vote.
Removal: By a resolution passed by effective majority of Rajya Sabha and agreed to by Lok Sabha (simple majority). NO formal impeachment process. No grounds mentioned in Constitution. 14 days' notice required. Resolution must be initiated in Rajya Sabha only.
Functions: (1) Ex-officio Chairman of Rajya Sabha — same powers as Lok Sabha Speaker. (2) Acts as President when vacancy occurs — maximum 6 months. While acting as President, does NOT discharge duties as Chairman of Rajya Sabha (Deputy Chairman steps in).
The American VP succeeds to the Presidency for the unexpired term when vacancy occurs. The Indian VP merely acts as President for a maximum of 6 months until a new President is elected. Hence, scholars call the Indian VP "His Superfluous Highness." The office was created to ensure political continuity of the Indian State.
- 111th Amendment Act 1961: Changed VP election from joint sitting of both Houses to separate votes — original provision of joint meeting was cumbersome.
- 2Salary: VP draws salary as Chairman of Rajya Sabha — ₹4 lakh/month (increased in 2018). No separate salary as VP. While acting as President, gets President's salary.
- 3Notable VPs: Dr. S. Radhakrishnan (elected twice, 1952 and 1957), M. Hidayatullah (acted as President 1969), Krishna Kant (first VP to die in office), Mohd. Hamid Ansari (2 terms, 2007 and 2012), Jagdeep Dhankar (current, 2022).
- 4Speaker vs. Chairman difference: Chairman (VP) is NOT a member of Rajya Sabha. Speaker IS a member of Lok Sabha. Both cannot vote in first instance — only casting vote in case of tie.
- 5When VP cannot preside: When a resolution for his/her removal is under consideration in Rajya Sabha. Unlike Speaker who can vote in first instance during removal motion, Chairman (VP) cannot even vote — but can be present and speak.
In the parliamentary system, the President is the nominal executive (de jure) and the Prime Minister is the real executive (de facto). The President is head of State; PM is head of Government.
Appointment: Article 75 says PM shall be appointed by the President. In convention, the leader of majority party in Lok Sabha is appointed. When no clear majority exists, President uses personal discretion — first exercised in 1979 when Neelam Sanjiva Reddy appointed Charan Singh. PM need NOT prove majority BEFORE appointment (Delhi HC 1980); can be directed to prove it within reasonable period. Can be a member of Rajya Sabha (Indira Gandhi 1966, Deve Gowda 1996, Manmohan Singh 2004).
Powers in relation to CoM: Recommends ministers; allocates portfolios; can ask a minister to resign; presides over cabinet; controls and coordinates all ministers; collapse of PM = collapse of entire ministry.
Powers in relation to President: Principal channel of communication (Art. 78); advises on important appointments; Art. 78 duties — communicate all CoM decisions to President; furnish information; submit for CoM consideration any matter decided by a minister alone.
Powers in relation to Parliament: Leader of the House; advises prorogation/summoning; can recommend dissolution of Lok Sabha; announces government policies.
"If any functionary under our Constitution is to be compared with the US President, he is the Prime Minister and not the President of the Union." The PM is described as "primus inter pares" (first among equals) by Lord Morley; as a "moon among lesser stars" by Sir William Harcourt; as "a sun around which planets revolve" by Jennings.
Caretaker Government: No constitutional provision. PM continues after dissolution of Lok Sabha until new ministry is formed. Limited role — no new policy decisions, no new projects, only routine administration. Tarkunde Committee (1974-75) defined its limitations. Not expected to make significant decisions or abuse position for electoral advantage.
- 1Lord Morley: PM is "primus inter pares" (first among equals) and "keystone of the cabinet arch." However, this is too modest — modern PM's power exceeds "first among equals."
- 2Jennings: "He is, rather, a sun around which planets revolve. He is the keystone of the constitution. All roads in the constitution lead to the Prime Minister."
- 3H.J. Laski: PM "is central to its (cabinet's) formation, central to its life, and central to its death" — the "pivot around which the entire governmental machinery revolves."
- 4Ramsay Muir: PM is "the steersman of the steering wheel of the ship of the state." Post-war era = "Cabinet Government into Prime Ministerial Government."
- 5CMs who became PMs: Morarji Desai (Bombay), Charan Singh (UP), V.P. Singh (UP), P.V. Narasimha Rao (Andhra Pradesh), H.D. Deve Gowda (Karnataka), Narendra Modi (Gujarat).
- 6Other PM Facts: Rajiv Gandhi was appointed directly after Indira Gandhi's assassination (1984) — tradition of caretaker PM bypassed. Indira Gandhi (1966), Deve Gowda (1996), Manmohan Singh (2004) were from Rajya Sabha when appointed.
Article 74 — Council of Ministers with PM at head to aid and advise President (advice is binding; cannot be inquired by any court). Article 75 — PM appointed by President; other ministers appointed by President on PM's advice; total ministers ≤ 15% of Lok Sabha strength (91st Amendment 2003); ministers hold office at President's pleasure; collectively responsible to Lok Sabha; oath administered by President; non-MP minister ceases after 6 months.
Three Categories: (1) Cabinet Ministers — head important ministries; members of Cabinet; attend cabinet meetings; (2) Ministers of State — independent charge or attached to Cabinet Ministers; do NOT attend cabinet meetings unless invited; (3) Deputy Ministers — attached to senior ministers; assist in parliamentary duties; NOT cabinet members.
Collective Responsibility (Art. 75): All ministers act as a team. Cabinet decisions bind all — even if they disagreed in cabinet meeting. Must publicly defend cabinet decisions. Resignation or death of PM = dissolution of entire CoM. Examples of ministers who resigned due to disagreement: Dr. Ambedkar (Hindu Code Bill 1953), C.D. Deshmukh (reorganisation of states), Arif Mohammed (Muslim Women Act 1986).
Individual Responsibility: Ministers hold office at President's pleasure. President removes a minister on PM's advice. PM can ask a minister to resign or advise President to dismiss him/her.
Unlike Britain where every royal order must be countersigned by a minister, India has NO provision for legal responsibility of ministers. The courts cannot inquire into the nature of advice rendered by ministers to the President. President's orders need not be countersigned.
Kitchen Cabinet: Informal inner circle — PM + few trusted colleagues + sometimes outsiders (friends/family). Not constitutional. Very powerful in India (especially during Indira Gandhi era). Merits: efficient, expeditious, secretive. Demerits: reduces cabinet authority; circumvents legal process.
| Feature | Council of Ministers | Cabinet |
|---|---|---|
| Size | Wider body (all 3 categories) | Smaller body (cabinet ministers only) |
| Meeting | Does NOT meet as a body; no collective functions | Meets frequently (usually weekly); collective functions |
| Powers | Vested with all powers (in theory) | Exercises powers of CoM in practice |
| Directs | Functions determined by Cabinet | Directs CoM; policy decisions binding on all |
| Constitutional Basis | Articles 74 and 75; size ≤ 15% Lok Sabha (91st Amend.) | Added to Art. 352 by 44th Amendment 1978 |
| Accountability | Collectively responsible to Lok Sabha | Enforces collective responsibility of CoM |
Cabinet Committees are extra-constitutional bodies — NOT mentioned in Constitution but provided for in Rules of Business. They reduce cabinet workload, facilitate in-depth examination of issues, and are based on principles of division of labour and delegation.
Features: Two types — Standing (permanent) and Ad hoc (temporary). Set up by PM. Membership varies; usually only Cabinet Ministers; non-cabinet ministers can be special invitees. Mostly headed by PM (PM invariably presides if member). Can take decisions or just recommend to Cabinet. Cabinet can review their decisions.
1. Political Affairs Committee (most powerful — described as "Super-Cabinet") | 2. Economic Affairs | 3. Appointments Committee of Cabinet (decides higher-level appointments in Central Secretariat, Public Enterprises, Banks) | 4. Parliamentary Affairs | 5. Security (defence, law & order, internal security, atomic energy) | 6. Accommodation | 7. Investment and Growth | 8. Employment and Skill Development
Groups of Ministers (GoMs): Ad hoc bodies constituted to look into different issues/subjects. Some can take decisions on behalf of Cabinet; others only make recommendations. Formed when ministers heading concerned ministries are inducted. Disbanded after advice is crystallised. 2nd Administrative Reforms Commission (2005-09) observed that too many GoMs cause delays and recommended selective, effective use with clear mandates and time limits.
Parliament consists of three parts: President + Rajya Sabha + Lok Sabha. The President is an integral part of Parliament (like 'Crown-in-Parliament' in Britain) though not a member of either House. Unlike USA, where Congress is entirely separate from the executive.
Rajya Sabha: Maximum 250 members (238 elected + 12 nominated by President). Currently 245. Permanent body — NOT subject to dissolution. One-third retire every 2 years. Term of members = 6 years. Fourth Schedule allocates seats to states. Nominated 12 members have special knowledge in literature, science, art, social service.
Lok Sabha: Maximum 550 members (530 states + 20 UTs). Currently 543. Term = 5 years. Can be dissolved by President before 5 years. Can be extended by Parliament by 1 year each time during national emergency. Direct election by universal adult franchise (voting age reduced from 21 to 18 by 61st Amendment Act 1988). Seats reserved for SCs and STs (extended periodically — now until 2030 by 104th Amendment). 104th Amendment 2019: discontinued Anglo-Indian nominated members (effective Jan 25, 2020).
Delimitation: 42nd Amendment 1976 froze seats at 1971 level until 2000. 84th Amendment 2001 extended freeze to 2026. 87th Amendment 2003 allowed delimitation based on 2001 census (without changing seat numbers). First Past The Post system used for Lok Sabha (not proportional representation).
Must be: (1) Citizen of India; (2) Sworn allegiance oath; (3) Age — 30 years for Rajya Sabha, 25 years for Lok Sabha; (4) Registered elector for parliamentary constituency. Disqualifications include: office of profit, unsound mind, undischarged insolvent, foreign citizenship, defection under 10th Schedule (decided by Speaker/Chairman, subject to judicial review per Kihoto Hollohan case 1992).
- 1Speaker of Lok Sabha: Elected by Lok Sabha; removed by effective majority (majority of ALL then-members) with 14 days' notice. Does NOT vacate office on dissolution — continues till newly elected Lok Sabha meets. Cannot vote in first instance; only casting vote in tie. 7th rank in precedence — equal to Chief Justice of India. Origin: Government of India Act 1919. First Speaker of independent India: G.V. Mavalankar (1946–1956).
- 2Speaker's Special Powers: (i) Decides if a bill is a Money Bill — decision is FINAL (not questionable in any court or either House or President); (ii) Presides over joint sitting of both Houses; (iii) Ex-officio Chairman of Indian Parliamentary Group & Conference of Presiding Officers.
- 3Chairman of Rajya Sabha: VP is ex-officio Chairman. VP cannot preside when removal resolution is under consideration (unlike Speaker who can vote in first instance during removal motion). Chairman is NOT a member of either House.
- 4Sessions: Max gap between sessions = 6 months. Three sessions: Budget (Feb-May), Monsoon (Jul-Sep), Winter (Nov-Dec). Summoned by President; prorogued by President. Adjourned by presiding officer. Quorum = 1/10th of total membership (55 for Lok Sabha; 25 for Rajya Sabha).
- 5Dissolution effects: All pending bills, motions, notices, petitions LAPSE. Exceptions: Bills pending in Rajya Sabha (but not passed by Lok Sabha) don't lapse; Bills passed by both Houses pending Presidential assent don't lapse; Bills notified for joint sitting don't lapse.
- 64 Types of Majority: Simple majority (general rule); Effective majority (majority of ALL then-members — for removal of Speaker, Deputy Speaker, Deputy Chairman); Absolute majority (majority of total membership regardless of vacancies); Special majority (Art. 368 amendments, removal of judges, etc.).
- 1Question Hour: First hour of every sitting. Starred questions (oral, asterisk marked, supplementary allowed, GREEN); Unstarred questions (written, no supplementary, WHITE); Short Notice questions (less than 10 days notice, oral, LIGHT PINK); Questions to Private Members (YELLOW).
- 2Zero Hour: Starts after Question Hour; lasts until agenda begins. Informal device — NOT mentioned in Rules of Procedure. Indian innovation since 1962. Raise matters of urgent public importance.
- 3Adjournment Motion: For definite matter of urgent public importance; needs 50 members support; minimum debate = 2½ hours; NOT available to Rajya Sabha; involves censure against government. Calling Attention Motion: Indian innovation since 1954; mentioned in Rules (unlike Zero Hour).
- 4No-Confidence Motion: Needs 50 members support; can only be moved against ENTIRE Council of Ministers; if passed, CoM must resign. Censure Motion: Can be against individual minister/group/entire CoM; states reasons; if passed, CoM need NOT resign.
- 5Bills — 5 Stages: (1) First Reading (introduction, title & objectives); (2) Second Reading [General Discussion → Committee Stage → Consideration Stage]; (3) Third Reading (vote on entire bill); (4) Bill in Second House (same 3 stages); (5) Assent of President. Joint sitting for deadlock — presided by Speaker of Lok Sabha.
- 6Money Bill (Art. 110): Only Lok Sabha; only on President's recommendation; only by a minister. Rajya Sabha can only recommend (return within 14 days); Lok Sabha may accept/reject recommendations. President can assent or withhold — CANNOT return for reconsideration. Speaker's certificate is final and unchallengeable. Joint sitting NOT applicable for Money Bills.
- 7Joint Sitting — only 3 instances: Dowry Prohibition Bill 1960; Banking Service Commission (Repeal) Bill 1977; Prevention of Terrorism Bill 2002. Presided by Speaker; quorum = 1/10th of total members of both Houses; governed by Lok Sabha Rules.
- 8Budget Stages: (1) Presentation (1st February since 2017); (2) General Discussion; (3) Scrutiny by 24 Departmental Standing Committees; (4) Voting on Demands for Grants (exclusive to Lok Sabha); (5) Passing of Appropriation Bill; (6) Passing of Finance Bill. Cut Motions: Policy Cut (reduce to ₹1), Economy Cut (specific reduction), Token Cut (reduce by ₹100 — to ventilate grievance).
Parliamentary committees assist Parliament in its complex, varied and voluminous work. A parliamentary committee must be: (1) appointed/elected by House or nominated by Speaker/Chairman; (2) works under direction of Speaker/Chairman; (3) reports to House or Speaker/Chairman; (4) has secretariat provided by Lok Sabha/Rajya Sabha. Consultative committees do NOT satisfy these conditions and are NOT parliamentary committees.
Two Types: Standing Committees (permanent — constituted every year or periodically) and Ad Hoc Committees (temporary — cease after task is completed).
Standing Committees — 6 Categories: (1) Financial Committees — PAC, Estimates Committee, Committee on Public Undertakings; (2) Department-Related Standing Committees (24 DRSCs — 8 under Rajya Sabha, 16 under Lok Sabha); (3) Committees to Inquire (Petitions, Privileges, Ethics); (4) Committees to Scrutinise & Control; (5) Committees relating to Day-to-Day Business; (6) House-Keeping/Service Committees.
Public Accounts Committee: 22 members (15 LS + 7 RS); set up 1921; examines CAG audit reports; post-mortem of expenditure; Chairman from Opposition (since 1967). Estimates Committee: 30 members (all from LS only); set up 1950; examines budget estimates; "continuous economy committee"; Chairman from ruling party. Committee on Public Undertakings: 22 members (15 LS + 7 RS); set up 1964 on Krishna Menon Committee recommendation; examines accounts of public undertakings.
DRSCs: 17 set up in 1993; expanded to 24 in 2004. Each has 31 members (21 LS + 10 RS). Ministers NOT eligible. Functions: consider demands for grants, examine bills, consider annual reports, consider national policy documents. Recommendations are ADVISORY — not binding. Main purpose: greater accountability of executive to Parliament.
- 1PAC vs Estimates Committee: PAC examines actual expenditure ALREADY incurred (post-mortem); Estimates Committee examines budget estimates BEFORE expenditure. Both: recommendations advisory, no power to disallow. PAC assisted by CAG (guide, friend, philosopher); Estimates Committee lacks this advantage.
- 2Ethics Committee: Constituted in Rajya Sabha in 1997 and Lok Sabha in 2000. Enforces code of conduct; examines misconduct cases; recommends action. Lok Sabha: 15 members; Rajya Sabha: 10 members.
- 3Committee on Government Assurances: Examines assurances/promises made by ministers on the floor of the House and reports extent to which they have been carried through. Constituted in 1953.
- 4Consultative Committees: Attached to various ministries; consist of MPs; not parliamentary committees (don't meet the 4 criteria). Provide forum for informal discussions between ministers and MPs. Max membership 30; min 10. Chaired by concerned minister. Constituted by Ministry of Parliamentary Affairs. Dissolved when new Lok Sabha is constituted.
- 5Business Advisory Committee: Lok Sabha: 15 members including Speaker as Chairman; regulates programme and time table. Rajya Sabha: 11 members including Chairman as ex-officio Chairman. Rules Committee: considers procedure and conduct; includes Speaker as ex-officio Chairman.
The Indian Parliamentary Group (IPG) is an autonomous body formed in 1949 (following a motion adopted by Constituent Assembly Legislative on August 16, 1948). It acts as: (a) National Group of the Inter-Parliamentary Union (IPU); and (b) India Branch of the Commonwealth Parliamentary Association (CPA).
Composition: Membership open to all MPs. Former MPs can be associate members (limited rights — cannot attend IPU/CPA conferences or get travel concessions). The Speaker of Lok Sabha is ex-officio President of IPG. Deputy Speaker of Lok Sabha and Deputy Chairman of Rajya Sabha are ex-officio Vice-Presidents. Secretary-General of Lok Sabha is ex-officio Secretary-General of IPG.
Functions: Link between Indian Parliament and world parliaments (via exchange of delegations, goodwill missions, correspondence); arranges visits of foreign Heads of State and Government; organises seminars and symposia; gives letters of introduction to members visiting abroad; IPG Newsletter published quarterly; Outstanding Parliamentarian Award (since 1995).
Parliamentary Friendship Groups (PFGs): Bilateral groups constituted to encourage bilateral relations. Speaker of Lok Sabha appoints President of each PFG. Managed by IPG. Meetings held within Parliament House complex.
IPU: International organisation of parliaments — 179 parliaments currently. Works for peace, democracy, parliamentary cooperation. CPA: ~17,000 parliamentarians from 180 national/state/provincial/territorial parliaments in 53 Commonwealth countries. Promotes parliamentary democratic governance and knowledge-sharing. IPG members visiting abroad get access to CPA branch facilities.
India has an integrated unified judicial system — single system of courts enforcing both Central and State laws. Inaugurated on January 28, 1950. Succeeded the Federal Court of India (established under Government of India Act 1935) and replaced the British Privy Council as the highest court of appeal.
Composition: Currently 34 judges (1 CJI + 33 other judges). Originally 8; increased progressively to 10 (1956), 13 (1960), 17 (1977), 25 (1986), 30 (2008), 33 (2019).
Appointment — The Collegium System: CJI appointed by President after consulting SC and HC judges. Other judges appointed by President after mandatory consultation with CJI. Controversy: 1st Judges Case (1981): consultation ≠ concurrence. 2nd Judges Case (1993): reversed — consultation = concurrence; CJI's advice binding; CJI must consult 2 seniormost colleagues. 3rd Judges Case (1998): CJI must consult collegium of 4 seniormost SC judges. 4th Judges Case (2015): SC struck down NJAC (99th Amendment) as unconstitutional — collegium restored. Principle: Seniormost judge MUST be appointed as CJI (violated in 1973 when A.N. Ray superseded 3 senior judges, and 1977 when M.U. Beg superseded H.R. Khanna).
Qualifications: (1) Citizen of India; (2)(a) HC judge for 5 years OR (b) Advocate of HC for 10 years OR (c) Distinguished jurist in President's opinion. No minimum age prescribed.
Removal: By President's order after Parliament's address. Special majority (majority of total membership + ⅔ of members present and voting in EACH House). Grounds: proved misbehaviour or incapacity. No judge of SC impeached so far. Justice V. Ramaswami (1991-93): found guilty by inquiry committee but acquitted as Congress abstained — impeachment motion defeated in Lok Sabha.
"The Supreme Court of India has more powers than any other Supreme Court in any part of the world." India has a federal court + highest court of appeal + guardian of Constitution + fundamental rights enforcer + advisory power — unlike any other single apex court.
- 1Original Jurisdiction (Art. 131): Exclusive for disputes between Centre-State, State-State, Centre + State/s vs. other State/s. Must involve legal right (not political questions). Does NOT extend to: pre-Constitution treaties with exclusion clause, inter-state river water disputes, Finance Commission matters.
- 2Writ Jurisdiction (Art. 32): Issues writs (habeas corpus, mandamus, prohibition, quo warranto, certiorari) ONLY for enforcement of Fundamental Rights. SC writ jurisdiction is CONCURRENT with High Courts (not exclusive). HC has WIDER writ power — can issue writs for other purposes too, not just FRs. Parliament can confer SC with broader writ power.
- 3Appellate Jurisdiction: (a) Constitutional matters — HC certifies substantial constitutional question; (b) Civil matters — HC certifies substantial question of law of general importance (monetary limit removed by 30th Amendment 1972); (c) Criminal matters — HC reversed acquittal and sentenced to death; or HC convicted + sentenced to death from subordinate court; or HC certifies fit for appeal; (d) Special Leave to Appeal (Art. 136) — discretionary; against any court or tribunal EXCEPT military courts.
- 4Advisory Jurisdiction (Art. 143): President may seek SC opinion on (a) questions of law/fact of public importance — SC MAY or MAY NOT respond; (b) disputes arising out of pre-Constitution treaties/agreements — SC MUST respond. Opinion is advisory only — NOT binding on President. 15 Presidential references made so far (last: 2G spectrum case 2012).
- 5Court of Record: Judgements admitted as legal precedents; binding on all courts; SC can punish for contempt not only of itself but also of HCs and subordinate courts (1991 ruling). Contempt of Courts Act 1971: Civil contempt (wilful disobedience to court order); Criminal contempt (scandalises/prejudices court proceedings). Punishment: up to 6 months imprisonment or ₹2,000 fine or both.
- 6Independence Safeguards: Mode of appointment (executive discretion limited by judiciary consultation); Security of tenure (removed only by special majority, not at President's pleasure); Fixed service conditions (cannot be reduced except during financial emergency); Conduct not discussable in Parliament; Retired judges cannot practice in Indian courts; Can punish for contempt; Freedom to appoint staff; Jurisdiction cannot be curtailed by Parliament.
Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both Central and State governments. If found violative of the Constitution (ultra vires), they are declared illegal, unconstitutional and invalid (null and void).
Origin: USA — Marbury vs. Madison (1803) by Chief Justice John Marshall. In India, the Constitution itself confers the power. SC has declared judicial review as a basic feature of the Constitution — hence cannot be curtailed even by constitutional amendment.
Three categories (Justice Syed Shah Mohamed Quadri): (1) Judicial review of constitutional amendments; (2) Judicial review of legislation of Parliament, State Legislatures and subordinate legislation; (3) Judicial review of administrative action of Union, State and authorities.
Constitutional Provisions for Judicial Review: Arts. 13 (laws inconsistent with FRs void), 32 (writ jurisdiction of SC), 131 (original jurisdiction), 132-134 & 136 (appellate jurisdiction), 143 (advisory jurisdiction), 226 (HC writ power), 227 (HC superintendence), 245-246 (legislative competence), 251 & 254 (central law prevails), 372 (pre-Constitution laws).
Scope (grounds for challenge): (a) Infringes FRs; (b) Outside competence of the authority; (c) Repugnant to Constitutional provisions. Scope in India is narrower than USA because India uses "procedure established by law" (substantive only) while USA uses "due process of law" (substantive + procedural = wider).
India has neither full American judicial supremacy nor full British parliamentary supremacy. Written Constitution, federalism, Fundamental Rights, and judicial review limit Parliamentary sovereignty. But Parliament is supreme within its domain. India adopts a synthesis of both principles.
Judicial Review of Ninth Schedule: Art. 31B + Ninth Schedule added by 1st Constitutional Amendment 1951 — gives immunity from challenge. Originally 13 acts; now 282 acts. Kesavananda Bharati case (1973): Ninth Schedule acts open to challenge on grounds of violating basic structure. Waman Rao case (1980): Acts included AFTER April 24, 1973 are valid only if they don't damage basic structure. I.R. Coelho case (2007): No blanket immunity — judicial review is a basic feature; laws placed after April 24, 1973 open to challenge if they violate Arts. 14, 15, 19, 21 or basic structure.
- 1CJI Kania (A.K. Gopalan, 1950): "In India it is the Constitution that is supreme and that a statute law to be valid, must be in conformity with the constitutional requirements and it is for the judiciary to decide whether any enactment is constitutional or not."
- 2CJI Patanjali Shastri (State of Madras vs. V.G. Row, 1952): Court has been assigned "the role of sentinel on the qui vive" especially for Fundamental Rights.
- 3Justice Bhagwati (State of Rajasthan vs. Union of India, 1977): "The Constitution is supreme lex... No one however highly placed and no authority howsoever lofty, can claim that it shall be the sole judge of the extent of its power under the Constitution."
- 4Important Cases: Golaknath case (1967); Bank Nationalisation case (1970); Privy Purses Abolition case (1970); Kesavananda Bharati case (1973) — basic structure doctrine; Minerva Mills case (1980); NJAC case (2015).
Judicial activism denotes the proactive role played by the judiciary in protection of rights of citizens and promotion of justice. Also called "judicial dynamism." Antithesis of "judicial restraint." Originated in USA; term coined in 1947 by Arthur Schlesinger Jr. In India, introduced in mid-1970s — pioneers: Justice V.R. Krishna Iyer, Justice P.N. Bhagwati, Justice O. Chinnappa Reddy, Justice D.A. Desai.
Two Major Aspects in India: (1) Directions issued by courts to government for protecting citizens' rights — PIL falls here. (2) Expanding scope of FRs, particularly Arts. 14 (equality), 19 (freedom) and 21 (life and personal liberty).
Distinction from Judicial Review: Judicial review = examining constitutionality in light of constitutional parameters. Judicial activism = moulding law to suit changing social/economic scenario; participating in law-making policies; judge's personal preferences influence decisions. Judicial activism is that form of judicial review where judges go beyond strict precedent to progressive social policies.
Justifications (Dr. B.L. Wadehra): (1) Near collapse of responsible government; (2) Citizens look to judiciary for protection; (3) Judicial enthusiasm for social reforms; (4) Legislative vacuum in certain areas; (5) Constitution gives judiciary scope to play active role. Subhash Kashyap adds: weak/hung government unable to take hard decisions; legislature/executive fail to protect basic rights; courts misused by authoritarian governments.
SC called for judicial restraint and said: "Judges must know their limits and must not try to run the government. They must have modesty and humility, and not behave like emperors." Also: "Judicial activism must not become judicial adventurism." Quoting Montesquieu on separation of powers, said courts should not encroach on legislative or executive domains.
Judicial Restraint: Role of judges limited to saying what the law is, not making law. Deference to legislature and executive. Based on: non-elective composition of courts; questionable origins of judicial review; separation of powers; federalism; court's dependence on Congress and public acceptance.
- 115 Types of Activators (Upendra Baxi): Civil Rights Activists; People Rights Activists; Consumer Rights Groups; Bonded Labour Groups; Environmental Action Groups; Groups against Large Irrigation Projects; Rights of Child Groups; Custodial Rights Groups; Poverty Rights Groups; Indigenous People's Rights Groups; Women's Rights Groups; Bar-based Groups; Media Autonomy Groups; Assorted Lawyer-Based Groups; Assorted Individual Petitioners.
- 26 Types of Fears (Upendra Baxi): Ideological (usurping legislative/executive powers); Epistemic (lack of expertise in economics, science etc.); Management (adding to judicial arrears); Legitimation (orders ignored by executive — erodes public faith); Democratic (depleting democracy's potential); Biographic (impact on judge's future career after superannuation).
- 36 Assumptions of Judicial Restraint (USA): Court is basically undemocratic (non-elective); questionable origins of judicial review; separation of powers; federalism requires deference to states; pragmatic (court dependent on Congress/public); aristocratic (law = reason, not politics).
PIL originated in USA in the 1960s — to provide legal representation to previously unrepresented groups (poor, environmentalists, consumers, minorities). In India, introduced in early 1980s. Pioneers: Justice V.R. Krishna Iyer and Justice P.N. Bhagwati. Also known as: Social Action Litigation (SAL), Social Interest Litigation (SIL), Class Action Litigation (CAL).
Key Feature — Relaxation of Locus Standi: Traditionally, only the person whose rights are infringed can move the court. Under PIL, ANY public-spirited citizen or social organisation can move the court for enforcement of rights of persons who, due to poverty, ignorance, or social/economic disadvantage, cannot themselves approach the court.
SC's Definition: "A legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected."
Purposes of PIL: (i) Vindication of rule of law; (ii) Effective access to justice for socially and economically weaker sections; (iii) Meaningful realisation of Fundamental Rights.
Bonded labour | Neglected children | Non-payment of minimum wages, violation of labour laws | Petitions from jails (harassment, premature release, death in jail, speedy trial) | Petitions against police (refusing to register cases, custody deaths) | Atrocities on women (harassment, rape, murder, kidnapping) | Atrocities on SC/ST and economically backward | Environmental pollution, ecological imbalance, drugs, food adulteration, heritage, forest and wildlife | Riot victims | Family pension.
Categories NOT entertained as PIL: Landlord-tenant matters; Service matters and pension/gratuity; Complaints against Central/State Government departments (except those in the above list); Admission to educational institutions; Petitions for early hearing of pending cases.
PIL vs. Ordinary Litigation: Ordinary = adversary, dispute between two specific parties. PIL = non-adversary, promotes public interest, no individual vs. individual dispute, court plays assertive/creative role, flexibility in procedure, no adjudication of individual rights. SC must ensure PIL is genuine — not "Publicity Interest Litigation," "Politics Interest Litigation," "Private Interest Litigation," "Paisa Interest Litigation" or "Middle-class Interest Litigation (MIL)."
- 1Guruvayur Devaswom case (2003) Principles: Court can entertain petition by any interested person for welfare of disadvantaged people (Arts. 32 & 226); Letters/telegrams treated as PIL when public importance & FR enforcement are raised; Court relaxes procedural laws and pleading requirements; Locus standi relaxed for poor, deprived, illiterate, disabled.
- 2Guidelines against misuse (State of Uttaranchal vs. Balwant Singh Chaupal, 2010): Court must encourage genuine PIL; discourage PILs with oblique motives; verify credentials of petitioner; be satisfied with contents before entertaining; ensure substantial public interest; prioritise PILs with gravity and urgency; ensure no personal gain/private motive; impose exemplary costs on frivolous PILs.
- 3Court can appoint Commission: In PIL, SC can appoint a Commission or body to investigate allegations and find facts. It may also direct management of a public institution to be taken over by such Commission.
- 4Limitations on PIL: Court will not transgress into policy; should not step out of known areas of judicial review; HC should not ordinarily entertain PIL questioning constitutionality of a statute; disputes purely in private law domain will not be entertained as PIL.