Indian Polity and constitution | General Knowledge for Competitive Exams | SSC, Banking, One Day Exams

Introduction

• The term Political Science is closely connected to the word "Politics", which comes from the Greek word "Polis" meaning a city-state, the main form of political organization in ancient Greece. The Sophists, such as Protagoras and Georgias, were the first to discuss political theory in Athens.
• Aristotle, a renowned Greek philosopher, is considered the father of the science of Politics in the western world, surpassing his teachers Plato and Socrates. In India, Manu is recognized as the first political thinker, with his book "Manusmriti" being the first book of law in the country.
• Kautilya (Chanakya) further developed political thinking in India with his book "Arthashastra", which is a well-known text on Indian Polity.
• Aristotle, in his book "Politics", stated that "Man is by nature a political animal and he, who by nature and not by mere accident is without state, is either above humanity or below it." This emphasizes the natural inclination of humans towards political organization.

Republic of India

• India is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government, governed by the Constitution adopted in 1949 and enforced in 1950.
• The Constitution outlines a federal structure with unitary features, with the President of India as the head of the executive branch.
• The Council of Ministers, headed by the Prime Minister, holds the real executive power and advises the President in decision-making.
• Both at the union and state levels, the Governor or Chief Minister is the head of the executive branch, with the Council of Ministers collectively responsible to the respective legislative bodies.
• Legislative power is divided between Parliament and State Legislatures, with residual powers vested in Parliament. Parliament also has the power to amend the Constitution.
• The Constitution ensures the independence of the judiciary, Comptroller and Auditor-General, Public Service Commissions, and Chief Election Commission.

Government of India

Particulars	Description
Country Name	The nation of India; Republic of India
Government Type	A nation that is a combination of a sovereign, socialist, secular, and democratic republic with a parliamentary form of government.
Capital	New Delhi
Administrative Divisions	28 States and 8 Union Territories.
Independence	On August 15th, 1947, India gained independence from British colonial rule.
Constitution	The Indian Constitution was implemented on January 26, 1950.
Legal System	The legal system in India is primarily based on the Constitution of India.
Executive Branch	The President of India serves as the leader of the country, while the Prime Minister is in charge of the government and works alongside the Council of Ministers, who make up the Cabinet Ministry.
Legislative Branch	The Indian Legislature consists of the Lok Sabha, also known as the House of the People, and the Rajya Sabha, known as the Council of States, which together make up the two chambers of Parliament.
Judicial Branch	The highest authority in the Indian legal system is the Supreme Court of India, which is then followed by the High Courts and lower courts.
Flag Description	The National Flag consists of three horizontal stripes - deep saffron at the top, white in the middle, and dark green at the bottom, all in equal proportions. In the center of the white stripe is a navy blue wheel, symbolizing the Ashoka Chakra at Sarnath.
National Days	Republic Day falls on 26th January, Independence Day on 15th August, and Gandhi Jayanti on 2nd October, which is the birthday of Mahatma Gandhi.

Constitution

The constitution is the basic law of a nation that establishes the core principles on which the government operates. It outlines the structure and key roles of government branches and outlines how the government interacts with its citizens. Most democratic countries have a written constitution, including India, which has a detailed constitution created by a constituent assembly.

1. Evolution of Indian Constitution

• Our Constitution: - The current Constitution of India was adopted by the Constituent Assembly on November 26, 1949 and came into full effect on January 26, 1950.
• The original Constitution had 22 parts, 395 articles, and 8 schedules, but has been amended over time.
• While ancient Indian systems influenced the Constitution, its direct sources are the administrative and legislative developments of the British period.
• The Constitution was influenced by Acts, documents, and events that led to the creation of the world's largest written Constitution. 

Administrative & Legislative Reforms Before 1857

Regulating Act of 1773

• The Act was created based on a committee report led by British Prime Minister Lord North.
• The East India Company's governance was placed under British parliamentary control.
• The Governor of Bengal was appointed as the Governor General for all three Presidencies.
• Warren Hastings was the first Governor General under this Act.
• A Supreme Court was established in Calcutta in 1774, with Sir Elizah Impe as the first Chief Justice and three other judges.
• The Governor General had the authority to create rules, regulations, and ordinances with the approval of the Supreme Court.

Pitts India Act of 1784

• The Act was created to enhance the regulations established by the Regulating Act of 1773 in order to improve the Company's administration system.
• A 6-member Board of Controllers, led by a British Government minister, was established to handle all political responsibilities.
• The Court of Directors of the company was responsible for trade and commerce matters.
• Provinces were required to follow the directives of the Central Government, and the Governor General had the authority to remove ineffective provincial governments.

Charter Act of 1793

• The Act consolidated the main provisions of previous Acts into one comprehensive piece of legislation.
• It allowed for the payment of salaries for Board of Controllers members using Indian revenue.
• Courts were granted the authority to interpret and enforce rules and regulations outlined in the Act.

Charter Act of 1813

• The East India Company no longer had a monopoly on trade in India.
• The Councils in Madras, Bombay, and Calcutta had more authority, but were also under more oversight from the British Parliament.
• Christian missionaries were permitted to proselytize in India.
• Local governing bodies were given the ability to collect taxes.

Charter Act of 1833

• The Charter Act 1833 established a Law Commission for consolidating and codifying Indian laws.
• Lord Macaulay was appointed as Chairman of the First Law Commission, with Sir James Stephen as Law Member.
• Slavery in India was declared illegal and abolished in 1843 through this Act.
• The Governor General and his Council were given extensive powers, including the ability to legislate for all of India with approval from the Board of Controllers.
• The East India Company's role was reduced to an administrative and political entity, with Lords and Ministers serving as ex-officio members of the Board of Controllers.
• The Governor-General's Government was referred to as the 'Government of India' for the first time, with his Council being called the 'Indian Council'.

Charter Act of 1853

• The Charter Act was the final one in a series of Acts that made significant changes to Indian legislation.
• The Act was based on a report by Governor General Dalhousie aimed at improving the company's administration.
• A separate Governor for Bengal was to be appointed under the Act.
• The Act separated the legislative and administrative functions of the Council.
• Recruitment of Company employees was to be done through competitive exams.
• The British Parliament was given the power to end the Company's governance of India at any time deemed appropriate.

Administrative & Legislative Reforms After 1857

Government of India Act, 1858

• The British Crown took over sovereignty of India from the East India Company after the Revolt of 1857.
• The Government of India Act, 1858 established direct British imperial control over India without Indian participation.
• The Secretary of State for India, assisted by the Council of India, exercised the powers of the Crown.
• Provinces in India were headed by Governors or Lieutenant Governors with Executive Councils.
• Provincial Governments operated under the supervision of the Governor General.
• The Governor General-in-Council held all authority for governing India and reported to the Secretary of State.
• The Secretary of State was accountable to the British Parliament.

Indian Councils Act, 1861

• The Government of India Act of 1858 transferred the powers of the crown to the Secretary of State for India, who governed India through the Governor General and an Executive council.
• The Act allowed the Governor General to include representatives of the Indian people in the legislative process by nominating them to the council.
• It expanded the Governor General's Executive Council to include non-official members for legislative business, but the Legislative Council was not representative or deliberative.
• The Act decentralized legislative powers by giving some authority to the Governments of Bombay and Madras.

Indian Councils Act, 1892

• Non-official members of the Indian Legislative Council were chosen by the Bengal Chamber of Commerce and Provincial Legislative Councils.
• Non-official members of Provincial Councils were selected by local bodies like universities, district boards, municipalities, and zamindars.
• The Councils had the authority to debate the Budget and ask questions to the Executive.

Morley-Minto Reforms and the Indian Councils Act, 1909

• The Indian Councils Act of 1909 implemented reforms recommended by Lord Morley and Lord Minto.
• The maximum number of additional members in the Indian Legislative Council was increased to 60.
• Indians were associated with the executive councils of the Viceroy and Governors for the first time.
• Separate representation was provided for various groups such as presidency corporations, chambers of commerce, and different religious communities.
• Provincial Legislative Councils were expanded to include elected non-official members.
• Some element of election was introduced in the Legislative Council at the center, while maintaining an official majority.
• Legislative Councils were given the power to move resolutions on the Budget and other public interest matters.
• The Act legalized communal representation for the Muslim community, leading to Lord Minto being known as the Father of Communal Electorate.

The Government of India Act, 1915

• This law was enacted to combine the regulations of the previous Government of India Acts.

Montagu-Chelmsford Reforms and the Government of India Act, 1919

• Mr. E.S. Montagu and Lord Chelmsford created proposals for the Government of India Act, 1919.
• The Act established the office of the High Commissioner for India in London and transferred some functions from the Secretary of State for India to this new office.
• A Central Public Service Commission was established in 1926 for recruiting civil servants.
• The Act introduced Responsible Government in the Provinces through 'Dyarchy' or dual government.
• Indian women were granted the right to vote for the first time under this Act.
• Administration subjects were divided into Central and Provincial categories.
• Central subjects were under the control of the Central Government.
• Provincial subjects were divided into 'transferred' and 'reserved' subjects.
• Transferred subjects were administered by the Governor with the aid of Ministers responsible to the Legislative Council.
• Reserved subjects were administered by the Governor and his Executive Council with no responsibility to the Legislature.
• Central control over provinces in administrative, legislative, and financial matters was relaxed.
• Provinces could run administration with revenue raised by themselves.
• Provincial budget was separated from the central budget.
• Provincial legislature could present its own budget and levy taxes on provincial revenue sources.
• Central Legislature had power to legislate for the whole country.
• Governor General retained control over provincial legislation.
• Governor could reserve a Bill for consideration of the Governor General.
• Governor General in Council remained responsible to the British Parliament through the Secretary of State for India.
• The Indian Legislature was reformed to be more representative and bi-cameral for the first time.
• The Upper House was called the Council of State with 60 members, 34 of whom were elected.
• The Lower House was called the Legislative Assembly with about 144 members, 104 of whom were elected.
• Electorates were organized on a communal and sectional basis, expanding on the Morley-Minto device.
• The Governor General still had significant powers over Central legislation, including requiring prior sanction for certain Bills, vetoing or reserving Bills for the Crown's consideration, certifying Bills or grants refused by the Legislature, and making Ordinances in emergencies.

Simon Commission

• The commission led by Sir John Simon, established in 1927 to investigate the effectiveness of the 1919 Act, released its findings in 1930. The report was reviewed by the British Parliament, leading to the drafting of the Government of India Bill.

The Government of India Act, 1935

• The document had 321 Sections and 10 Schedules, making it lengthy and detailed.
• The Act of 1935 proposed a federation with Provinces and Indian States as units.
• Indian States had the option to join the Federation, but they never did, so the Federation never formed.
• Burma was separated from India, and new provinces of Orissa and Sind were created.
• Legislative powers were divided between the Centre and Provinces.
• The executive authority of a Province was exercised by a Governor on behalf of the Crown, not as a subordinate of the Governor General.
• The Governor had to act with the advice of Ministers responsible to the Legislature.
• The Governor had the authority to act at his discretion without ministerial advice, under the control of the Governor General and Secretary of State.
• The executive authority of the Centre was held by the Governor General on behalf of the Crown.
• There were no Counsellors or Council of Ministers responsible to the Legislature, unlike in the Act of 1935.
• The Central Legislature consisted of the Federal Assembly and the Council of State.
• In six provinces, the legislature was bi-cameral, while in others it was unicameral.
• Bills passed by the Central Legislature could be vetoed by the Crown.
• The Governor General had the power to prevent discussion in the Legislature and suspend proceedings on any Bill.
• The Governor General had independent powers of legislation alongside the Legislature.
• Some subjects required the Governor General's sanction before introducing a bill or amendment in the Legislature.
• The Act of 1935 had a Federal List, Provincial List, and Concurrent List for legislative powers.
• The Governor General could authorize either the Federal or Provincial Legislature to enact laws on matters not listed in the Legislative Lists.
• The Government of India Act, 1935 did not grant Dominion Status as promised by the Simon Commission in 1929.

Cripps Mission

• In March 1942, Sir Stafford Cripps presented a draft declaration outlining proposals from the British Government.
• The proposals were contingent on acceptance from the Congress and the Muslim League at the end of World War II.

The key points of the proposals included:

• The Constitution of India would be created by an elected Constituent Assembly representing the Indian people.
• India would be granted Dominion Status under the Constitution.
• There would be one Indian Union encompassing all Provinces and Indian States.
• Provinces or Indian States that did not accept the Constitution could maintain their existing constitutional position, with the possibility of separate arrangements with the British Government.

Cabinet Mission Plan

• In March 1946, Lord Attlee sent a Cabinet Mission to India with three Cabinet Ministers to help India achieve independence and set up a Constituent Assembly.
• The Mission rejected the idea of a separate Constituent Assembly and State for Muslims.
• The Cabinet Mission Plan proposed a Union of India with jurisdiction over Foreign Affairs, Defence, and Communication, with residuary powers vested in Provinces and States.
• The Union was to have an Executive and Legislature with representatives from Provinces and States.
• Major communal decisions in the legislature required majority support from representatives of both major communities and overall majority of all members present.
• Provinces could form groups with executives and legislatures, with each group having authority over provincial subjects.

The Mountbatten Plan

• The Mountbatten Plan was created to outline the transfer of power to Indians and the partition of the country, with a formal statement made by the British Government on June 3, 1947.

The Indian Independence Act, 1947 of the British Parliament

• The Indian Independence Act of 1947, passed by the British Parliament, led to amendments to the Government of India Act, 1935 through Adaptation Orders in India and Pakistan. This allowed for the establishment of an interim Constituent Assembly to draft the future Constitution of the country.

Interim Government (Sept. 2, 1946)

(As per the proposal of Cabinet Mission in 1945)

Sr. No.	Members	Portfolios Held
1.	Jawaharlal Nehru	Vice-President of the Council; External Affairs & Commonwealth Relations
2.	Sardar Vallabhbhai Patel	Home, Information and Broadcasting
3.	Dr. Rajendra Prasad	Food and Agriculture
4.	Dr. John Mathai	Industries and Supplies
5.	Jagjivan Ram	Labour
6.	Sardar Baldev Singh	Defence
7.	C.H. Bhabha	Works, Mines and Power
8.	Liaquat Ali Khan	Finance
9.	Abdur Rab Nishtar	Posts and Air
10.	Asal Ali	Railways and Transport
11.	C. Rajagopalachari	Education and Arts
12.	LL. Chundrigar	Commerce
13.	Ghazanfar Ali Khan	Health
14.	Joginder Nath Mandal	Law

First Cabinet of Independent India (1947)

Sr. No.	Members	Portfolios Held
1.	Jawaharlal Nehru	Prime Minister: External Affairs & Commonwealth Relations; Scientific Research
2.	Sardar Vallabhbhai Patel	Home, Information and Broadcasting: States
3.	Dr. Hajendra Prasad	Food and Agriculture
4.	Maulana Abul Kalam Azad	Education
5.	Dr. John Mathai	Railways and Transport
6.	R.K. Shanmugham Chetty	Finance
7.	Dr. B.R. Ambedkar	Law
8.	Jagjivan Ram	Labour
9.	Sardar Baldev Singh	Defence
10.	Raj Kumari Amrit Kaur	Health
11.	C.H. Bhabha	Commerce
12.	Rafi Ahmed Kidwai	Communication
13.	Dr. Shyama Prasad Mukherji	Industries and Supplies
14.	V.N. Gadgil	Work, Mines and Power

• India became independent from British rule on August 15, 1947.
• Sylhet decided to join East Bengal in a referendum held on July 6, 1947.
• The office of the Secretary of State for India was eliminated.
• The Governor-General and Governors lost special legislative powers to the Legislature.
• The Central Legislature of India, made up of the Legislative Assembly and Council of States, ended on August 14, 1947.
• The Constituent Assembly had complete sovereignty and also acted as the Central Legislature.

2. Constituent Assembly and Making of the Constitution

• The Cabinet Mission proposed the creation of a Constituent Assembly to draft a Constitution for India.
• Members of the Constituent Assembly were chosen by the Provincial Legislative Assemblies.
• Seats in the Assembly were allocated based on population size, with roughly one seat per million people.
• Seats were divided among the main communities in each province, including Sikhs, Muslims, and the General population.

Important Committees of the Constituent Assembly and their Chairman

Sr. No.	Name of the Committee	Chairman
1.	Committee on the Rules of Procedure	Dr. Rajendra Prasad
2.	Steering Committee
3.	Finance and Staff Committee
4.	Ad hoc Committee on the National Flag
5.	Union Constitution Committee	Pandit Jawahar Lal Nehru
6.	Union Powers Committee
7.	States Committee
8.	Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas	Sardar Vallabhbhai Patel
9.	Drafting Committee	Dr. B.R. Ambedkar
10.	Credential Committee	Alladi Krishnaswami Ayyar
11.	House Committee	B. Pattabhi Sitaramayya
12.	Order of Business Committee	K. M. Munshi
13.	Committee on the Functions of the Constituent Assembly	G.V. Mavalankar
14.	Minorities Sub-Committee	H.C. Mookherjee
15.	Fundamental Rights Sub-Committee	J. B. Kripalani
16.	North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub Committee	Gopinath Bardoloi
17.	Excluded and Partially Excluded Areas (other than those in Assam) Sub-Committee	A. V. Thakkar

• The Constituent Assembly was originally planned to have 389 members, with 93 representing Indian States and 296 from British India.
• After the partition of India, the number of members decreased to 299, including 15 women.
• 284 members were present on November 26, 1949, and signed the final Constitution of India.
• The Constituent Assembly first met on December 9, 1946, and reassembled on August 14, 1947, as the sovereign assembly for the dominion of India.
• The symbol of the Constituent Assembly was an elephant.
• It took almost three years for the Constituent Assembly to finalize the Constitution.
• Objective Resolution was introduced by Pt. Jawahar Lal Nehru in the first session of the Constituent Assembly in 1946
• The resolution was adopted on January 22, 1947 after thorough discussion and debate
• The resolution aimed to promote national unity, ensure economic and political security, and declare India as a Sovereign Democratic Republic
• It called for a federal form of government with powers distributed between the center and states
• The resolution also emphasized on guaranteeing justice, equality, freedom of expression, and protection of rights for all citizens
• Adequate safeguards were to be provided for minorities, backward classes, tribal areas, and other marginalized groups
• The resolution also focused on maintaining the integrity of the nation's territory and sovereign rights
• India was to strive for a respected place in the world and contribute to global peace and welfare.
• Various committees of the Assembly outlined the principles of the Constitution before appointing the Drafting Committee with Dr. B.R. Ambedkar as the Chairman on August 29, 1947.
• The Drafting Committee, led by Dr. B.R. Ambedkar, submitted a Draft constitution of India to the President of the assembly on February 21, 1948.
• Members of the Drafting Committee included N. Gopalaswamy Ayyangar, Alladi Krishnaswamy Ayyar, Dr. K.M. Munshi, Syed Mohammad Saadullah, B.L. Mitter, Dr. D.P. Khaitan, and T.T. Krishnamachari.
• The final reading of the draft was completed on November 26, 1949, and the Constitution was declared as passed on that date.
• Provisions related to citizenship, elections, and provisional Parliament were implemented immediately on November 26, 1949, while the rest of the Constitution came into force on January 26, 1950.
• 'Constitution Day' is observed on November 26 to celebrate the 125th birth anniversary of Dr. B.R. Ambedkar, as decided by the Government of India in 2015.

3. Different Sources of Indian Constitution

• The framework of the constitution was based on the Government of India Act 1935, with some provisions borrowed from other constitutions. Approximately 250 out of 395 articles in the Constitution of India were directly taken from or modified versions of the Government of India Act 1935.
• Government of India Act, 1935: The Act laid the foundation for the constitution of India, including elements such as a Federal system, the office of Governor, emergency powers, etc. Additionally, the Constitution of India has drawn inspiration from this Act.
• Constitution of Britain: Influence on law making procedures, Rule of law, Single citizenship, Bi-cameral Parliamentary system
• Constitution of USA: Impact on independence of judiciary, judicial review, fundamental rights, Preamble, functions of President and Vice-president
• Constitution of Canada: Strong Centre in Federation, residuary powers to Centre, Supreme Court's advisory jurisdiction
• Constitution of Ireland: Directive Principles of State policy, method of presidential elections, nomination of Rajya Sabha members by President
• Weimar Constitution of Germany: Provisions for suspension of fundamental rights during emergency
• Constitution of Australia: Concurrent List, Trade and Commerce provisions
• Constitution of South Africa: Amendment with 2/3 majority in Parliament, election of Rajya Sabha members based on proportional representation
• Constitution of France: Republican System, Principles of Liberty, Equality and Fraternity
• Constitution of former USSR: Fundamental Duties, Ideals of justice in Preamble

4. Important Parts, Articles of the Constitution

            Articles        Subject
Part-1 : Art. 1-4        The Union and its territory.
Part-II : Art. 5-11      Citizenship
Part-111 :  Fundamental Rights
Art. 12 : Definition
Art. 13 : Laws inconsistent with or in derogation of the fundamental rights

Right to Equality

Art. 14 : Equality before law
Art. 15 : Prohibition of discrimination on grounds of  religion, race, caste, sex or place                   of birth 
Art. 16  : Equality of opportunity in matters of public employment
Art. 17  : Abolition of untouchability
Art. 18  : Abolition of titles

Right to Freedom

Art. 19  : Protection of certain rights regarding freedom of speech etc.
Art. 20  : Protection in respect of conviction for offences
Art. 21  : Protection of life and personal liberty
Art. 21A : Right to education
Art. 22  : Protection against arrest and detention in certain cases

Right against Exploitation

Art. 23  : Prohibition of traffic in human beings and forced labour
Art. 24  : Prohibition of employment of children in factories etc.

Right to Freedom of Religion

Art. 25  : Freedom of conscience and free profession, practice and propagation of                         religion
Art. 26  : Freedom to manage religious affairs
Art. 27  : Freedom as to payment of taxes for promotion of any particular religion
Art. 28  : Freedom as to attendance at religious instruction or religious worship in                           certain educational institutions

Cultural and Educational Rights

Art. 29  : Protection of interests of minorities
Art. 30  : Right of minorities to establish and administer educational institutions 

Saving of certain Laws

Art. 31A  : Saving of laws providing for acquisition of estates etc.
Art. 31B  : Validation of certain Acts and Regulations
Art. 31C  : Saving of laws giving effect to certain directive principles

Right to Constitutional Remedies

Art. 32  : Remedies for enforcement of rights conferred by this Part
Art. 33  : Power of Parliament to modify the rights conferred by this Part in their                              application to Forces etc.

Art. 34  : Restriction on rights conferred by this Part while martial law is in force in any                   area

Art. 35  : Legislation to give effect to the provisions of this Part 

Part IV : Directive Principles of State Policy

Art. 36  : Definition
Art. 37  : Application of the principles contained in this Part
Art. 38  : State to secure a social order for the promotion of welfare of the people
Art. 39  : Certain principles of policy to be followed by the State
Art. 39A : Equal justice and free legal aid 
Art. 40  : Organization of village panchayats

Parts of Indian Constitution

Part	Article	Provisions
		Preamble
I	1 to 4	The Union and its Territory
II	5 to 11	Citizenship
III	12 to 35	Fundamental Rights
IV	36 to 51	Directive Principles of State Policy
IVA	51A	Fundamental Duties
V	52 to 151	The Union
VI	152 to 237	The States
VII	238	The States in part B of the first Schedule
VIII	239 to 242	The Union Territories
IX	243 to 243 O	The Panchayats
IXA	243 P to 243 ZG	The Municipalities
IXB	243 ZH to 243 ZT	The Co-operative Societies
X	244 to 244 A	The Scheduled and Tribal Areas
XI	245 to 263	Relations between the Union and the States
XII	264 to 300 A	Finance, Property, Contracts and Suits
XIII	301 to 307	Trade, Commerce and Intercourse within the Territory of India
XIV	308 to 323	Services under the Union and the States
XIVA	323 A to 323 B	Tribunals
XV	324 to 329 A	Elections
XVI	330 to 342	Special Provisions relating to certain classes
XVII	343 to 351	Official Language
XVIII	352 to 360	Emergency Provisions
XIX	361 to 367	Miscellaneous
XX	368	Amendment of the Constitution
XXI	369 to 392	Temporary, Transitional and Special Provisions
XXII	393 to 395	Short title, Commencement, Authoritative Text in Hindi and Repeals

5. Schedules of Indian Constitution

6. Special Features of Indian Constitution

7. Federal and Unitary Features of the Indian Union

Federal features

Unitary features of the Indian Constitution

8. The Preamble

Text of the Preamble

9. Lapse of Paramountcy

10. Integration and Merger of Indian States

11. The Union and its Territories

Jammu and Kashmir Reorganisation

Merger of Daman & Diu and Dadra & Nagar Haveli UTS

12. Reorganization of States

Establishment of New States

State	Establishment Year
Andhra Pradesh	October 1, 1953
Maharashtra	May 1, 1960
Gujarat	May 1, 1960
Nagaland	December 1, 1963
Haryana	November 1, 1966
Himachal Pradesh	January 25, 1971
Meghalaya	January 21, 1972
Manipur	January 21, 1972
Tripura	January 21, 1972
Sikkim	April 26, 1975
Mizoram	February 20, 1987
Arunachal Pradesh	February 20, 1987
Goa (25th)	May 30, 1987
Chhattisgarh (26th)	November 1, 2000
Uttarakhand (27th)	November 9, 2000
Jharkhand (28th)	November 15, 2000
Telangana (29th)	June 2, 2014

• The States Reorganization Act, 1956 created 14 states and 6 Union Territories in India by reorganizing boundaries of different states.
• The Bombay Reorganization Act, 1960 divided the State of Bombay into Gujarat and Maharashtra.
• Nagaland was established as a separate state in 1962.
• Punjab was divided into Punjab and Haryana in 1966.
• Himachal Pradesh became a state in 1970.
• Manipur, Tripura, Meghalaya, Mizoram, and Arunachal Pradesh were established as states or Union Territories in 1971.
• Sikkim became part of India through the 36th Amendment of the Constitution.
• Goa became a separate state in 1987.
• Chhattisgarh was created on November 1, 2000.
• Uttarakhand (formerly Uttaranchal) was established on November 8, 2000.
• Jharkhand became the 28th state of India on November 15, 2000.
• Telangana was created as the 29th state on June 2, 2014, through the 15th Lok Sabha.

The Constitution (Application to Jammu & Kashmir) Order, 2019

1. The President, with the agreement of the Government of the State of Jammu & Kashmir, has issued an Order in accordance with Article 370(1) of the Constitution.

• This Order is known as the Constitution (Application to Jammu & Kashmir) Order, 2019 and replaces the previous Constitution (Application to Jammu and Kashmir) Order, 1954.

2. The Constitution, as amended, applies to Jammu & Kashmir with some exceptions and modifications.

• Article 367 of the Constitution will have an additional clause for the purposes of Jammu & Kashmir.
• References to the Constitution will be construed as references to the Constitution as applied in Jammu & Kashmir.
• References to the Sadar-i-Riyasat will be construed as references to the Governor of Jammu & Kashmir.
• References to the Government of Jammu & Kashmir will include references to the Governor acting on the advice of his council of Ministers.
• The expression "Constituent Assembly of the State" in article 370 will be changed to "Legislative Assembly of the State".

SC verdict on abrogation of Article 370

• The Supreme Court upheld the validity of the Constitutional order that revoked Article 370, with Chief Justice DY Chandrachud presiding over the five-judge Constitution bench that made the decision.
• Chief Justice DY Chandrachud stated that Jammu and Kashmir did not have internal sovereignty after joining India, and there was no evidence of the President's 2019 orders being made in bad faith or as an abuse of power.
• Justice Kaul suggested the establishment of a Truth and Reconciliation Commission in Jammu and Kashmir to address alleged human rights violations in the region.

13. Citizenship

• The Constitution of India establishes a single and uniform citizenship for the entire country.
• Indian citizenship is granted to those born in India, whose parents were born in India, or who have resided in India for at least five years before the Constitution came into effect.
• Indian citizens have rights such as Fundamental Rights, eligibility for certain government positions, and the right to vote that aliens do not possess.
• Enemy aliens do not have the same procedural protections regarding arrest and detention as Indian citizens.
• The Citizenship Act of 1955 outlines ways to acquire Indian citizenship, including birth in India, descent from an Indian citizen, registration, and naturalization.
• Indian citizenship can be lost through renunciation, acquiring citizenship of another country voluntarily, or deprivation by the Indian government.

Citizenship Amendment Act (CAA), 2019

• The Citizenship Amendment Bill, 2019 was approved by the Parliament, with the Rajya Sabha and Lok Sabha both voting in favor of it.
• The Bill allows illegal migrants from six communities in Afghanistan, Bangladesh, and Pakistan to be eligible for Indian citizenship.
• The requirement of residence in India for citizenship by naturalization has been reduced from 11 years to 5 years for certain religions and countries.
• The Bill does not apply to certain tribal areas and regions regulated by the Inner Line Permit regime.
• Only migrants who entered India on or before December 31, 2014 are eligible for Indian citizenship under the Bill.
• The President gave his assent to the Bill on December 12, 2019, officially making it the Citizenship Amendment Act (CAA).
• The provision of granting Indian citizenship based on the citizenship of the mother was introduced in 1992 through the Indian Citizenship Amendment Act.

14. Fundamental Rights

• The Constitution guarantees six fundamental rights to all citizens.
• These rights include equality, liberty, freedom from exploitation, freedom of religion, cultural and educational rights, and constitutional remedies.
• Article 14 specifically prohibits the State from denying any person equality before the law or equal protection of the laws within India's territory.

Right to Property:

• The fundamental right to own, manage, and sell property has been removed, but it remains a legal or constitutional right under Article 300A.
• The Indian Constitution allows exceptions to the provision of equality before the law.
• The President and Governor of a State are not answerable to any court for the exercise of their powers.
• No criminal proceedings can be initiated against the President or Governor during their term.
• Civil proceedings against the President or Governor require a two-month notice.
• Impeachment proceedings against the President are allowed.
• Foreign Sovereigns and ambassadors are also granted exceptions.
• 'Equal protection' guarantees equal treatment of persons in similar circumstances, allowing for differentiation in different situations.
• Article 15 of the Constitution prohibits discrimination based on religion, race, caste, sex, place of birth, or any of them.
• Citizens cannot be discriminated against in access to shops, public restaurants, hotels, and places of public entertainment based on religion, race, caste, disability, liability restriction, or condition.
• Special provisions can be made for women, children, or socially and educationally backward classes without violating the non-discrimination clause in Article 15.
• Article 16 ensures that all citizens have equal opportunities for public employment.
• It prohibits discrimination based on religion, race, caste, sex, descent, or place of birth for any government job.
• The article promotes fairness and equal treatment in the recruitment and appointment process for government positions.

The Mandal Commission Case

• The Supreme Court in the Indra Sawhney's Case clarified that provisions for reservation in government employment can be made for backward classes through Executive orders under Article 16(4).
• The definition of backward class of citizens is not specifically outlined in the Constitution, and a caste can also be considered a class.
• The backwardness referred to in Article 16(4) is primarily social in nature and does not necessarily have to be both social and educational.
• Social advancement can be measured by income or extent of property, and the "creamy layer" of a caste can be excluded from reservations based on these factors.
• The reservations under Article 16(4) should not exceed 50% of the available posts.
• Reservation of posts under Article 16(4) is limited to initial appointment and cannot be extended to include reservation in promotions.

Note: The Mandal Commission, established in 1979 and led by Bindeshwari Prasad (B.P.) Mandal, MP and former Chief Minister of Bihar, aimed to address issues related to social and economic inequality.

• The 77th Amendment allows for reservation in promotions for Scheduled Castes and Scheduled Tribes.
• The identification of backward classes can be reviewed by the judiciary.
• Article 17 of the Constitution ensures the abolition of untouchability, although the term is not specifically defined.
• Article 18 prohibits the State from conferring titles, but this ban does not apply to other public institutions like Universities.
• The State can still award military or academic distinctions, as long as they are not used as titles.
• Distinctions or awards like the Bharat Ratna or Padma Vibhushan do not count as titles and are not prohibited by the Constitution.
• Article 19 outlines six freedoms in India.
  • These freedoms include the right to speech and expression.
  • The right to assemble peacefully without arms.
  • The right to form associations or unions.
  • The right to move freely throughout India.
  • The right to reside and settle in any part of India.
• The right to practice any profession or carry on any occupation, trade, or business.
• The government can limit freedom of speech in order to protect the country's sovereignty, security, public order, decency, or morality, or to prevent defamation or incitement to an offense.
• Restrictions on forming associations can be imposed to protect the country's sovereignty, public order, or morality, and limitations on freedom of movement can be put in place for the general public's benefit or to protect the interests of certain groups.
• The government can set qualifications for certain professions or occupations and can exclude citizens from government-run businesses or industries.
• Freedom of the press is not specifically guaranteed in the Constitution because it falls under the broader freedom of expression protected by Article 19.
• Article 20 provides protection against certain convictions for offenses.
• It prohibits the enactment of retrospective criminal legislation, also known as ex post facto legislation.
• It prevents individuals from being punished multiple times for the same offense, known as double jeopardy.
• It prohibits the compulsion of individuals to give self-incriminating evidence.
• Article 21 of the Constitution states that no one can be deprived of their life or personal liberty without following the established legal procedure.
• The American Constitution's 'Due Process' Clause allows the Court to declare laws unconstitutional if they deprive someone of their liberty without reasonableness and fairness.
• In England, courts do not have the power to invalidate laws made by Parliament.
• The Supreme Court in the Gopalan case held that the Indian Constitution follows the English concept.
• In the Maneka case, the Supreme Court ruled that laws depriving a person of personal liberty must have a fair and reasonable procedure, or they will be invalid.
• Article 21(A) makes education a fundamental right for children aged 6 to 14.
• Article 22 ensures that arrested persons are informed of the reasons for their arrest, have the right to consult a legal practitioner, and must be produced before a magistrate within 24 hours.
• Preventive detention laws can override some of these safeguards for certain individuals.
• The Legislature can make laws for preventive detention for reasons related to security, public order, essential services, defense, and foreign affairs.
• Article 23 prohibits human trafficking, forced labor, and discrimination based on religion, race, caste, or class in compulsory public service.
• Article 24 prohibits the employment of children under 14 in hazardous work.
• Articles 25-28 provide freedom of religion, including freedom of conscience and the right to establish religious institutions.
• Article 26 guarantees rights to religious groups, such as owning property and managing religious affairs.
• Article 27 prohibits the state from compelling citizens to support a particular religion.
• Article 28 prohibits religious instruction in state-funded educational institutions.
• Article 29 protects minority religious communities' culture and interests.
• Article 30 allows minority communities to establish and manage educational institutions without discrimination.
• Article 30(1A) requires full compensation for minority educational institutions if their property is acquired by the state.
• Fundamental Rights are protected against both the Executive and the Legislature.
• Article 32 guarantees the right to constitutional remedy, considered the 'soul of the constitution' by Dr. B.R. Ambedkar.

15. The Writs

• The judiciary has been given the authority to issue writs for the enforcement of fundamental rights.
• This power is granted to both the Supreme Court and High Courts by the Constitution.
• The Supreme Court can only issue writs for the enforcement of fundamental rights, while High Courts can issue writs for both the enforcement of fundamental rights and for other purposes such as redress of injury or illegality.
• The Supreme Court can issue a writ against any person or government in India, while the High Court can only issue a writ against those within its territorial jurisdiction.
• A writ of Habeas Corpus requires a person who has detained another to bring them before the court to justify the detention or release them if there is no legal reason for imprisonment.
• This writ can be directed at both officials and private individuals holding someone in custody.
• Mandamus is a command to perform a public or quasi-public legal duty that has been refused, and cannot be enforced by any other legal remedy.
• Mandamus cannot be issued against the President or Governor for the exercise of their powers and duties.
• The writ of prohibition is a court order from a higher court to a lower court, telling the lower court to stop a case because it is outside of its legal authority.
• Mandamus can be used against both judicial and administrative authorities, while prohibition and certiorari are only used against judicial or quasi-judicial authorities.
• Prohibition and certiorari are both used against courts or tribunals with judicial powers, but certiorari is used to cancel a court's decision while prohibition is used to stop a court from making an illegal decision. Prohibition can be used before a decision is made, while certiorari can only be used after a decision is made.
• Quo warranto is a legal process where a court investigates the legitimacy of someone's claim to a public office and can remove them if the claim is not valid.
• A writ of quo warranto can only be issued for a public office created by law or the constitution
• The office must be a significant position, not just a temporary job
• The appointment to the office must violate the Constitution, a statute, or a statutory instrument.
• Fundamental rights can be limited for members of the Armed Forces, Police Forces, or intelligence organizations to ensure they can properly perform their duties and maintain discipline.
• During martial law, Parliament can protect individuals in the service of the Union or a State for their actions.
• Some fundamental rights may be suspended during a Proclamation of Emergency declared by the President under Article 352.

Right to Information

• Every citizen in India has the right to access information under the Right to Information Act, 2005, which was enacted on October 12, 2005.
• While not a Fundamental Right, the Act includes provisions for penalties in cases of delayed information provision to the applicant.
• Information Commissions have been established at both the central and state levels to monitor and ensure the effective implementation of the Act.

16. Directive Principles of State Policy

• The Directive Principles are found in Part IV of the Constitution and focus on establishing the social and economic foundation of a true democracy.
• The Directive Principles can be categorized into three main types, all of which are intended to promote social and economic justice and create a welfare state. 
• These principles are crucial for ensuring that the government works towards creating a fair and just society for all citizens.

1. Socio-Economic Principles and State Responsibilities

• The State is required to provide adequate means of livelihood to all citizens.
• The State must prevent the concentration of wealth and means of production and ensure equitable distribution of wealth and material resources.
• Equal pay for equal work of men and women must be secured by the State.
• The State is responsible for ensuring a decent standard of living and leisure for all workers.
• Necessary opportunities and facilities must be provided to children and youth to prevent their exploitation.
• Efforts must be made by the State to secure the right to work, education, and public assistance in case of unemployment, sickness, old age, etc.

2. Gandhian Principles are the core values of Gandhi's reconstruction program

• These principles involve setting up village panchayats for self-government
• They also focus on supporting the educational and economic needs of marginalized groups
• Promoting cottage industries is another key aspect of Gandhian Principles
• Gandhi advocated for the prohibition of intoxicating substances and the protection of cows and other milch cattle

3. Liberal principles focus on the importance of implementing a uniform civil code in the country.

• They stress the necessity of providing free and compulsory education to all children up to the age of 14.
• The principles advocate for the separation of the judiciary and executive branches of government.
• They highlight the importance of organizing agriculture and animal husbandry based on scientific methods.
• Liberal principles aim to ensure the participation of workers in the management of industries.
• They prioritize safeguarding the forests and wildlife of the country.
• The principles also emphasize the protection of monuments and places of artistic or historical significance.
• The directive principles aim to establish social and economic democracy in the country, which is essential for political democracy to be meaningful.
• These principles are not just theoretical ideals, but are meant to be implemented by the state and local authorities to ensure the well-being of all citizens.
• The state and local authorities are required to provide instruction in the mother tongue to children belonging to linguistic minority groups at the primary stage of education.
• The Union is tasked with promoting the spread of the Hindi language and developing it as a medium of expression for the diverse culture of India.
• The claims of Scheduled Castes and Scheduled Tribes must be considered in appointments to services and posts, while maintaining administrative efficiency.
• Even though certain directives are not included in Part IV of the Constitution, courts have interpreted them with similar importance, emphasizing the need to consider all parts of the Constitution together.

17. Fundamental Duties

• The Sardar Swarn Singh Committee recommended eleven Fundamental Duties, which are now included in Article 51A Part IVA of the Constitution.
• These duties were added through the 42nd Amendment Act in 1976.
• However, there is no specific provision in the Constitution for directly enforcing these duties or for punishing violations of them.

18. Procedure for Amending the Constitution

• Certain provisions of the Constitution can be altered by Parliament with a simple majority, not considered an amendment.
• Other provisions require the formal amendment process outlined in Article 368.
• Provisions affecting federal structure require ratification by at least half of state legislatures before President's assent.
• Examples of provisions requiring ratification include election of President, distribution of legislative power, and representation of states in Parliament.
• There is no separate constituent body for amending the Constitution.
• Amendments can only be initiated by introducing a Bill in Parliament.
• Amendment Bill must be passed by special majority in both Houses of Parliament.
• Constitution is amended after President's assent to the Amendment Bill.

The blend of rigidity and flexibility in the procedure for amendment

• The process of amending the Constitution requires a special majority and procedure.
• Unlike some other countries, there is no separate body for amending the Constitution.
• State Legislatures cannot propose amendments to the Constitution.
• Constitution Amendment Bills are passed by Parliament like Ordinary Bills, subject to certain provisions.
• Joint sessions are not applicable for Bills amending the Constitution.
• Presidential approval is not needed to introduce a Bill for amending the Constitution.
• The requirement for ratification by state Legislatures is more lenient than in the American constitution.
• The President must give assent to a Bill amending the Constitution after it has been passed by the Legislature, as per the amendment to Article 368 in 1971.

Whether Fundamental Rights are Amendable

• Prior to Golak Nath's case, the Supreme Court believed that no part of the Constitution was unamendable.
• In Golak Nath's case in 1967, a majority of six judges ruled that if any fundamental rights were to be amended, a new Constituent Assembly would need to be convened.
• The 24th Amendment Act in 1971 stated that an amendment passed in accordance with Article 368 would not be considered law under Article 13, and the validity of such an amendment could not be questioned on the grounds of affecting fundamental rights.
• The validity of the 24th Amendment Act was challenged in the case of Keshavananda Bharati.
• In the case of Keshvananda Bharati, the Supreme Court overturned its previous decision in Golak Nath's case and ruled that Parliament could amend any provision of the Constitution, including fundamental rights.

19. The Doctrine of Basic Features

• The Supreme Court of India established the Doctrine of Basic Structure of Constitution in the Keshavananda Bharati Case.
• The court ruled that certain fundamental features of the Constitution cannot be changed through an amendment under Article 368.
• Article 31C, introduced by the 25th Amendment Act, allowed laws implementing directive principles on socialistic control to not be void for violating certain articles.
• The Supreme Court clarified that Parliament cannot remove judicial review through constitutional amendments.
• The 42nd Amendment added clauses to Article 368 limiting judicial review of constitutional amendments, but these were overturned in the Minerva Mills Case.
• The decision in the Keshavananda Bharati Case has three implications for constitutional amendments.
• Any part of the Constitution can be amended following the procedure outlined in Article 368.
• Amending the Constitution does not require a referendum or reference to a Constituent Assembly.
• Basic features of the Constitution cannot be changed.
• The Supreme Court has identified various basic features, including supremacy of the Constitution, rule of law, separation of powers, objectives in the Preamble, judicial review, federalism, secularism, democratic structure, individual freedom and dignity, national unity and integrity, equality, and fundamental rights.
• The idea of social and economic justice is essential for the creation of a Welfare State.
• Balancing fundamental rights and directive principles is crucial.
• The Parliamentary system of Government is a key aspect of our Constitution.
• Free and fair elections are a fundamental principle.
• There are limitations on the amending power granted by Article 368.
• The independence of the Judiciary is important for the functioning of the legal system.
• Access to justice should be effective for all individuals.
• The Supreme Court has significant powers under various Articles of the Constitution.
• The Constitution does not have a separate body for the amending process.
• Amendments to the Constitution can only be initiated through a Bill introduced in Parliament.
• The Amendment Bill must be passed by a special majority in both Houses of Parliament.
• The Constitution is amended once the President gives assent to the Amendment Bill.

20. Some Important Constitutional Amendment Acts

• The Constitutional Amendment Act of 1951 added Article 15(4) and Article 19(6) and made changes to the right to private property in accordance with Supreme Court decisions on fundamental rights.
• The 7th Constitutional Amendment Act of 1956 allowed for the implementation of the State Reorganization Act, leading to the redesignation of Part C states as Union Territories and reallocation of seats in various legislative bodies.
• The 10th Constitutional Amendment Act of 1961 incorporated Dadra and Nagar Haveli as a Union Territory.
• The 12th Constitutional Amendment Act of 1962 included the territories of Goa, Daman, and Diu into the Indian Union.
• The 13th Constitutional Amendment Act of 1962 added Article 371 A to make special provisions for the administration of the State of Nagaland.
• The 14th Constitutional Amendment Act of 1962 specified Pondicherry, Karaikal, Mahe, and Yenam as the Union Territory of Pondicherry and allowed certain Union Territories to have Legislatures and Council of Ministers.
• The 19th Constitutional Amendment Act of 1966 clarified the duties of the Election Commission and removed its power to appoint election tribunals for deciding election disputes of members of Parliament and State Legislatures.
• 21st Constitutional Amendment Act, 1967: Added Sindhi language as the 15th regional language in the Eighth Schedule.
• 24th Constitutional Amendment Act, 1971: Affirmed Parliament's power to amend any part of the Constitution, including Fundamental Rights, and made it obligatory for the President to give assent to Amendment Bills.
• 26th Constitutional Amendment Act, 1971: Withdrew recognition of rulers of Princely States and abolished their privy purses.
• 36th Constitutional Amendment Act, 1975: Made Sikkim a full-fledged State of the Union of India.
• 38th Constitutional Amendment Act, 1975: Clarified that declaration of emergency by the President and promulgation of Ordinance by the President or Governor cannot be challenged in any Court.
• 39th Constitutional Amendment Act, 1975: Removed disputes or questions regarding elections of President, Vice-President, Prime Minister, and Speaker of Lok Sabha from judicial review of the Supreme Court or High Courts.
• The 42nd Constitutional Amendment Act of 1976, also known as the "Mini Constitution," brought about significant changes to India's constitutional framework. It added the words 'SOCIALIST,' 'SECULAR,' and 'INTEGRITY' to the Preamble, emphasizing the nation's commitment to these values. The introduction of Fundamental Duties aimed to promote civic responsibility among citizens. However, debates arose over the prioritization of Directive Principles over Fundamental Rights, limiting judicial review. The Amendment centralized Parliament's power in amending the Constitution, redefined High Courts' writ jurisdiction, and allowed the Centre to deploy armed forces in states during severe law and order situations, raising concerns about federalism. Despite controversies, it established Administrative Tribunals for expedited justice delivery and extended the tenure of the Lok Sabha and State Assemblies by one year, shaping India's governance and legal landscape. It also empowered the Centre to deploy armed forces in states for law and order issues and authorized the President to declare a state of Emergency. The Amendment made it mandatory for the President to act on the advice of the Council of Ministers.
• 43rd Constitutional Amendment Act, 1977: Removed articles added by the 42nd Amendment and restored jurisdiction of the Supreme Court and High Courts.
• 44th Constitutional Amendment Act, 1978: Repealed some changes made by the 42nd Amendment, removed right to property from Fundamental Rights, allowed questioning of Emergency Proclamation in court, and changed wording in Article 352.
• 52nd Constitutional Amendment Act, 1985: Added Tenth Schedule to address political defections in Parliament and State Legislatures.
• 55th Constitutional Amendment Act, 1986: Established Arunachal Pradesh with special powers for the Governor and a 30-member State Assembly.
• 56th Constitutional Amendment Act, 1987: Made Goa a full-fledged State with a State Assembly, while Daman and Diu remained as Union Territories.
• 61st Constitutional Amendment Act, 1988: Lowered voting age from 21 to 18 years
• 62nd Constitutional Amendment Act, 1989: Extended reservation for Scheduled Castes and Scheduled Tribes for 10 more years
• 65th Constitutional Amendment Act, 1990: Established National Commission for Scheduled Castes and Scheduled Tribes
• 69th Constitutional Amendment Act, 1991: Created National Capital Territory designation for Delhi with legislative Assembly
• 70th Constitutional Amendment Act, 1992: Included members of legislative assemblies of Union Territories in electoral college for President election
• 71st Constitutional Amendment Act, 1992: Added Manipuri, Konkani, and Nepalese languages to 8th Schedule
• 73rd Constitutional Amendment Act, 1992: Provided constitutional guarantee for Panchayati Raj system
• 74th Constitutional Amendment Act, 1992: Provided constitutional sanctity to Municipalities
• 78th Constitutional Amendment Act, 1995: Inserted 27 Land Reform Acts in Ninth Schedule
• 79th Constitutional Amendment Act, 1999: Extended reservation for SCs/STs and Anglo-Indians in Lok Sabha and State Legislative Assemblies
• 82nd Constitutional Amendment Act, 2000: Restored relaxation in job reservation and promotions for Scheduled Castes and Scheduled Tribes
• The 84th Constitutional Amendment Act, 2001 states that until the first census after 2026 is published, population figures for various purposes will be based on specific census years.
• The population figures from the 1971 census will be used for the election of the President under Article 55.
• The allotment of seats to each State in the Lok Sabha will be based on the 1971 census.
• The division of States into territorial Lok Sabha constituencies will be determined using the 1991 census.
• The composition of Legislative Assemblies under Article 170 will be based on the 1991 census.
• Reservation of seats for SC/ST in the Lok Sabha under Article 330 will be determined using the 1991 census.
• 91st Constitutional Amendment Act, 2003 limits the size of Ministries at the Centre and in States
• The total number of Ministers, including the Prime Minister or Chief Minister, cannot exceed 15% of the total members of the Lok Sabha or Vidhan Sabha
• Members disqualified for defection cannot be appointed as ministers until re-elected
• The number of Ministers in smaller States like Sikkim, Mizoram, and Goa cannot be less than 12
• 92nd Constitutional Amendment Act, 2003 added Bodo, Dogri, Maithili, and Santhali to the Eighth Schedule of the Constitution
• Total number of constitutionally recognized official languages became 22
• 93rd Constitutional Amendment Act, 2005 provided reservation in admissions in private unaided educational institutions for SCs/STs and OBCs
• 94th Constitutional Amendment Act, 2006 excluded Bihar from certain provisions and extended them to Chhattisgarh and Jharkhand
• 95th Constitutional Amendment Act, 2009 extended reservation of seats for SCs and STs in Lok Sabha and State assemblies by another 10 years, changing the time period from 60 to 70 years
• 98th Constitutional Amendment Act, 2012 inserted article 371J for special provisions in Karnataka
• 99th Constitutional Amendment Act, 2014 introduced new articles and amendments for the formation of National Judicial Appointments Commission
• 16 State assemblies ratified the amendment but it was quashed by the Supreme Court in October 2015
• 100th Constitutional Amendment Act, 2015 amended the First Schedule for acquiring and transferring territories to Bangladesh
• 101st Constitutional Amendment Act, 2016 amended various schedules and articles, inserting new ones and omitting others
• Art. 246A contains specific rules regarding GST
• Parliament and state legislatures have the power to make laws related to GST
• Parliament has the exclusive power to make laws regarding GST for inter-State trade or commerce.
• The provisions of this article will come into effect for goods and services tax as recommended by the Goods and Services Tax Council.
• Newly inserted Article 269A deals with the levy and collection of GST in inter-State trade or commerce.
• Amendment to the Sixth Schedule includes the insertion of taxes on entertainment and amusements.
• Amendments to the Seventh Schedule involve the omission and substitution of certain entries related to GST.
• The 102nd Constitutional Amendment Act, 2018 provides constitutional status to the National Commission for Backward Classes.
• The 103rd Constitutional Amendment Act, 2019 amends Articles 15 and 16 to allow states to make special provisions for economically weaker sections of citizens.
• The 124th Constitution (Amendment) Bill, 2019 was passed by Lok Sabha on January 8 and by Rajya Sabha on January 9, with the President's assent received on January 12.
• The 104th Constitutional Amendment Act, 2019 came into force on January 25, 2020, amending Article 334 of the Constitution to extend reservation of seats and special representation to 80 years in clause (a) and 70 years in clause (b).
• The 105th Amendment Act, 2021, effective from August 20, 2021, restores the power of State Governments to identify and specify Socially and Educationally Backward Classes (SEBCs).
• The Constitution (127th Amendment) Bill, 2021 was passed by Parliament in August 2021, renumbered as the 105th Constitution Amendment bill, during the monsoon session.

21. Executive of the Union The President (Art. 52)

• The President of India holds the executive power of the Union and is considered the head of the Union Executive.
• The President is seen as the first citizen of India and represents unity, integrity, and solidarity of the nation.
• The President is indirectly elected by an electoral college through proportional representation using the single transferable vote system.
• The electoral college for the President includes elected members of both Houses of Parliament, Legislative Assemblies of states, and Legislative Assemblies of Union Territories like Delhi and Puducherry.
• The indirect election of the President is justified by the high cost of a direct election involving a large electorate and the fact that real power lies with the Ministry, making it more appropriate for the President to be elected indirectly.

Qualifications for election as President are:

• Must be an Indian citizen.
• Must be at least 35 years old.
• Must be qualified to be a member of the House of the People.
• Cannot hold any office of profit under the Government of India or any state.
• Sitting President, Vice-President, Governor, or Minister can still run for President.
• President's term begins on the day they take office.
• President can resign by submitting a written resignation to the Vice-President.
• Impeachment can only be for violation of the Constitution.
• Impeachment is a quasi-judicial procedure in Parliament.
• Charge of violation of the Constitution can be brought by either House with a resolution signed by at least 1/4 of the total members after a 14-day notice.
• The resolution must be passed by a 2/3 majority of the total membership of the House.
• Charges brought by one House are investigated by the other House.
• The President has the right to appear and be represented during the investigation.
• If a resolution is passed by a 2/3 majority declaring the charge sustained, the President is removed from office.
• The President cannot be a member of Parliament or any State Legislature.
• If a member of Parliament or State Legislature is elected President, they vacate their seat.
• A vacancy in the office of the President can occur through term expiration, death, resignation, impeachment, or other reasons.
• An election for President must be completed before the current term expires.

Powers of President

Administrative power

• The President is the official leader of the administration and all executive actions are done in their name.
• All officers of the Union are under the President's authority and they have the right to be informed about Union affairs.
• The President has the power to appoint and dismiss high-ranking officials, such as the chairman and members of the UPSC.
• The Prime Minister of India is also an important figure in the government, but the President holds ultimate authority.
• Other Union Ministers.
• The Attorney-General for India.
• The Comptroller and Auditor General of India.
• The Chief Justice and Judges of the Supreme Court.
• The Chief Justice and Judges of the High Courts of the states.
• The Governors of states.
• The Chief Election Commissioner and other Election Commissioners of India.
• Members of Inter State Council.
• Chief Commissioners of Union Territories.
• Members of Finance Commission.
• Members of Language Commissions.
• Members of Backward Class Commission.
• Members of Minorities Commission.
• Indian Ambassadors and other diplomats.

Military power

• The President of India has the ultimate authority over the Defense Forces, but Parliament can regulate or control how this power is exercised.
• Certain actions, such as those involving spending money on the Defense Forces, require approval from Parliament before the President can proceed.

Diplomatic power

• The President has the authority to engage in negotiations with other countries, with guidance from his Ministers, and any treaties or agreements must be approved by Parliament.
• The President serves as the representative of India in international matters, appoints Indian representatives to other countries, and hosts diplomatic representatives from other nations.

Legislative power

• The President has the authority to convene or adjourn the Houses of Parliament and dissolve the Lok Sabha.
• The President can call for a joint sitting of both Houses in case of a deadlock.
• The President addresses both Houses at the beginning of each session after a general election and at the start of each year.
• The President can address either House or a joint sitting at any time and require members to attend.
• In the Rajya Sabha, the President nominates 12 members with special knowledge or experience in various fields.
• The President can nominate up to two Anglo-Indian members to the Lok Sabha if the community is not adequately represented.
• Prior approval from the President is needed for introducing legislation on certain matters, such as formation of new states, money bills, and bills affecting taxation.
• A bill only becomes law after receiving the President's assent.
• When a Bill is presented to the President for assent, he has three options: declare assent, withhold assent, or return the Bill for reconsideration with or without suggestions for amendments.
• If a Bill is returned for reconsideration and passed again by both Houses of Parliament, the President must declare assent.
• The Indian President's veto power includes absolute, suspensive, and pocket vetoes.
• The President can disallow or return a Bill from a state legislature reserved for his consideration by the Governor, except for Money Bills.
• The President is not obligated to give assent to Bills reconsidered by state legislatures.
• The President can issue Ordinances to legislate when Parliamentary enactment is not immediately possible.

Pardoning Power

• The President and Governors have the authority to grant pardon, which can revoke both the sentence and conviction, absolving the offender from punishment and disqualifications.
• Commutation involves replacing one form of punishment with a lighter one.
• Remission reduces the length of a sentence without changing its nature.
• Respite involves giving a lesser sentence due to circumstances like pregnancy of a female offender.
• Reprieve is a temporary stay of execution of a sentence, typically while awaiting a decision on pardon or commutation.

Comparison Between Pardoning Powers of the President and a Governor

• The President has the authority to grant various forms of clemency in military court cases, while the Governor does not have this power.
• The President's powers are related to the executive branch of the national government, while the Governor's powers are related to the executive branch of the state government.
• The Governor cannot pardon a death sentence, but can take other actions such as suspending, remitting, or commuting the sentence. Only the President has the power to pardon a death sentence.

Emergency power

• The President possesses exceptional authority to address an emergency situation.

Miscellaneous powers

• The President has the authority to create rules and regulations on various issues.
• The President can instruct a Governor to issue an Ordinance if a Bill with the same provisions needs prior approval from the President.
• The President can seek the opinion of the Supreme Court on matters of public importance.
• The President can appoint commissions to report on specific matters like the administration of Scheduled Areas and welfare of Scheduled Tribes.
• The President has special powers concerning Union Territories and territories directly administered by the Union.
• The President has specific powers in the administration of Scheduled Areas and Tribes in Assam.
• The President has special powers and responsibilities regarding the administration of Scheduled Castes.

22. Emergency Provisions

• The President can declare an emergency under Article 352 in case of war, external aggression, armed rebellion, or threat thereof only on the recommendation of the Cabinet
• The proclamation of emergency must be approved by resolutions of both Houses of Parliament with a special majority within one month of its issuance
• The emergency proclamation can be extended for six months after approval by Parliament
• The emergency can be declared for the whole of India or only a part of it after the 44th amendment
• The Union can give directions to states during an emergency
• Parliament can extend the Lok Sabha's tenure for one year at a time during an emergency
• The process of declaring an emergency under Article 352 emphasizes parliamentary oversight and approval
• The 44th amendment allows for targeted responses to specific challenges during an emergency
• The Union can issue directions to states during an emergency
• The Lok Sabha's tenure was extended only once in 1976 during an emergency
• Parliament can legislate on State subjects during an emergency
• The President can modify the Constitution's provisions on financial resources allocation between the Union and States during an emergency, subject to approval by Parliament and only effective for the financial year in which the emergency proclamation ceases to operate

Effects of emergency on Fundamental Rights

• Art. 358 states that during an emergency, the rights provided by Art. 19 are not applicable against the State.
• Art. 359 allows the President to suspend the right to move the Courts for the enforcement of rights.
• Articles 20 & 21 cannot be suspended during an emergency.
• The first emergency proclamation under Art. 352 was made in 1962 due to Chinese aggression in NEFA.
• The emergency proclamation in 1975 was made due to "internal disturbance".
• The President can proclaim an emergency for failure of constitutional machinery if the State Government cannot function.
• During an emergency under Art. 352, the Centre cannot suspend the State Government.
• In case of failure of constitutional machinery, the State Legislature is suspended and the President assumes executive authority, known as 'President's rule'.
• Parliament can legislate on state subjects during an emergency under Art. 352, but can delegate this power under Art. 356.
• The proclamation of emergency for failure of constitutional machinery can be extended by Parliament for up to three years.

23. The Vice-President

• The provision for the Vice-President in the Indian Constitution is based on the American Constitution.
• The Vice-President is elected indirectly through a single transferable vote.
• State Legislatures do not participate in the election of the Vice-President.
• The electoral college for the Vice-President includes members from both Houses of Parliament.
• To be eligible for the position of Vice-President, a person must be an Indian citizen, over 35 years of age, and meet certain qualifications.
• The Vice-President, as the Chairman of the Rajya Sabha, can cast a decisive vote but cannot participate in regular voting.
• The main duties of the Comptroller and Auditor-General include auditing and reporting on expenditure from various funds in accordance with the law.
• The restriction on holding an office of profit ensures elected representatives remain independent and impartial, avoiding conflicts of interest.
• The provision allowing the Vice President to be a member of the Rajya Sabha emphasizes the need for representation in the upper house while recognizing the Vice President's unique role in the executive branch.
• The Vice President's role as Chairman of the Rajya Sabha highlights the importance of impartiality in overseeing parliamentary proceedings for fair decision-making.
• The duties of the Comptroller and Auditor-General (CAG) emphasize their critical role in ensuring fiscal accountability and transparency in government operations.
• The CAG's mandate to audit government bodies financed by Union or State revenues is crucial for maintaining fiscal discipline and preventing misuse of public resources.
• The CAG also audits trading, manufacturing, profit and loss accounts to ensure effective revenue assessment and collection.
• The CAG's role includes auditing the receipts and expenditure of bodies financed by Union or State revenues, government companies, and other corporations to promote good governance practices.

27. The Parliament of India

• The Parliament of India is made up of the President, the Lok Sabha, and the Rajya Sabha.
• The President is considered part of the Legislature, even though they do not physically sit in Parliament.
• The first Lok Sabha served from May 13, 1952, to April 4, 1957.
• The main functions of Parliament include providing the cabinet, controlling the cabinet, criticizing the cabinet and individual ministers, securing authoritative information, legislation, financial control, and ensuring bills passed by Parliament receive the President's assent.
• The Parliament building was designed by architects Sir Edwin Lutyens and Herbert Baker in 1912-13, with a circular structure and 144 pillars of granite.

Rajya Sabha and Lok Sabha

• The Rajya Sabha has a total of 250 members, with 12 nominated by the President and 238 elected by the states and Union Territories through indirect election.
• Nominated members of the Rajya Sabha are chosen by the President based on their expertise in science, art, literature, and social service.
• The Rajya Sabha cannot be dissolved and its members must be at least 30 years old.
• Members of the Lok Sabha include representatives from states, Union Territories, and the Anglo-Indian community, with a total of 543 members.
• Lok Sabha members are directly elected by the people based on adult suffrage, with no reservation for minority communities other than Scheduled Castes and Scheduled Tribes.

SC/ST Quota Extension Bill 2019

• The Constitution (126th Amendment) Bill 2019 was passed by the Rajya Sabha on December 12, 2019, with unanimous support from all 163 members present.
• The Lok Sabha passed the Constitution Amendment Bill on December 10, 2019, extending reservation for SCs and STs in Lok Sabha and state assemblies for another ten years with 352 members voting in favor and none against it.
• The Bill extended the reservation for SCs and STs in Lok Sabha and state assemblies for 10 years, ending on January 25, 2020, marking the seventh such extension since the Constitution was enacted in 1950. However, the provision for nomination of Anglo-Indians to the Lok Sabha and Assemblies was also ended after January 2020.
• The Council of State is a permanent body that is not subject to dissolution, with 1/3 of its members retiring every second year.
• The Lok Sabha has a normal term of 5 years but can be dissolved earlier by the President.
• The term of Lok Sabha can be extended by an Act passed by Parliament during an Emergency, but not for more than one year at a time.
• The extension of the Lok Sabha's term cannot continue beyond six months after the Emergency ceases to operate.
• The Lok Sabha's term was extended twice for one year in 1976.
• The Lok Sabha has been dissolved 8 times before the expiry of its normal term.
• The 1st Lok Sabha's tenure was from April 17, 1952, to April 4, 1957.
• The Rajya Sabha was first constituted on April 3, 1952, with its 1st sitting on May 13, 1952.
• Parliament must meet at least twice a year, with not more than six months between sessions.
• A session is the period between the first meeting of Parliament and prorogation, while the period between prorogation and re-assembly is called recess.
• Within a session, there are daily sittings separated by adjournments.
• The termination of a House sitting can occur through dissolution, prorogation, or adjournment.
• The President, on the advice of the Council of Ministers, has the power to dissolve or prorogue the House, while the Speaker and Chairman can adjourn daily sittings.
• Dissolution ends Lok Sabha, requiring a fresh election, while prorogation only ends a session. Adjournment postpones business for a specified time.
• Pending matters in Lok Sabha lapse upon dissolution and must be reintroduced in the next House. Bills pending in Rajya Sabha do not lapse.
• A joint sitting of the two Houses can still occur after dissolution if the President has notified his intention beforehand.
• Qualifications for Parliament membership include being a citizen of India.
• Minimum age requirement for Lok Sabha is 25 years and for Rajya Sabha is 30 years.
• Parliament can set additional qualifications for members by law.
• Disqualifications for being a member include holding an office of profit under the government, being declared of unsound mind, not being a citizen of India, or being disqualified by Parliament.
• Parliament cannot dissolve the House, making it a permanent body
• The President's decision in a qualification dispute, based on the Election Commission's opinion, is final.
• A seat can be declared vacant if a member is absent from all House meetings for 60 days without permission.

Speaker and Deputy Speaker of The Lok Sabha

• The House of the People chooses a Speaker and Deputy Speaker from among its members.
• The Speaker presides over the Lok Sabha and is responsible for maintaining order and interpreting rules.
• The Speaker's salary and allowances are charged on the Consolidated Fund of India.
• The Speaker can only be removed by a resolution passed by a majority of all members of the House.
• The Speaker can speak and participate in proceedings but cannot preside over the House while a resolution for their removal is under consideration.
• The Speaker has the final power to maintain order and interpret rules within the Lok Sabha.
• The Speaker presides over joint sittings of the two Houses of Parliament.
• The Speaker may certify a Money Bill when transmitted from the Lok Sabha to the Rajya Sabha.
• The decision of the Speaker on whether a Bill is a Money Bill is final.
• The Deputy Speaker presides over the House in the absence of the Speaker, except when a resolution for their removal is under consideration.

Chairman and Deputy Chairman of the Rajya Sabha

• The Vice-President of India serves as the Chairman of the Rajya Sabha and acts as the Presiding Officer when not officiating as President.
• If the Chairman is acting as President, the Deputy Chairman performs the duties of the Chairman.
• The Chairman can only be removed from office if they are removed from the office of Vice-President.
• The Chairman or Deputy Chairman cannot preside over the House while a resolution for their removal is being considered.
• The powers of the Chairman in the Rajya Sabha are similar to those of the Speaker in the Lok Sabha, but the Speaker has additional powers such as certifying Money Bills and presiding over joint sittings of the two Houses.

Privileges of Parliament

• Privileges of each House can be categorized into individual privileges and collective privileges.
• Individual privileges include freedom from arrest during House meetings, freedom of speech within the House, and immunity from being summoned as a witness without House permission.
• Collective privileges include the right to publish debates and proceedings, the right to regulate internal affairs, and the right to punish members and outsiders for breaching privileges.

The Legislative Procedures in Parliament

• The legislative procedure in Parliament for Bills other than Money Bills involves several stages.
• The process includes introducing a Bill in either House of Parliament.
• There are motions after the introduction of the Bill.
• A report is prepared by a Select Committee.
• The Bill must be passed in the House where it was introduced.
• It then goes through the other House before receiving the President's Assent.

Money Bills and Financial Bills

• A Money Bill is a type of bill that deals with matters related to taxes, borrowing of money by the government, and the appropriation of funds from the Consolidated Fund of India.
• The procedure for passing Money Bills in Parliament includes the requirement that they cannot be introduced in the Rajya Sabha and must be transmitted to the Rajya Sabha after being passed by the Lok Sabha.
• The Rajya Sabha cannot reject or amend a Money Bill, but can make recommendations within fourteen days of receiving the bill.
• The Lok Sabha has the authority to accept or reject the recommendations of the Rajya Sabha, and if accepted, the Money Bill is deemed to have been passed by both houses.
• If a Money Bill is not returned by the Rajya Sabha within fourteen days, it is deemed to have been passed by both houses in the form it was passed by the Lok Sabha.
• Only Financial Bills with the Speaker's certificate are considered Money Bills, while those without the certificate fall into two categories: those recommended by the President and those involving expenditure from the Consolidated Fund.

Joint Sittings of both Houses (Art. 108)

• The President can call for a joint sitting of Lok Sabha and Rajya Sabha if there is a disagreement between the two Houses on a Bill.
• This can happen if the Bill is rejected by one House, if there is disagreement on amendments, or if more than six months have passed without the Bill being passed by the other House.
• The joint sitting is presided over by the Speaker of Lok Sabha, or in their absence, by the Deputy Speaker of Lok Sabha or the Deputy Chairman of Rajya Sabha, or a person chosen by the Members present.

Financial legislation in Parliament

• At the start of each financial year, the President of India presents a statement to Parliament outlining the estimated receipts and expenditures of the Government of India, known as the 'annual financial statement' or the 'Budget'.
• The Budget includes estimates of expenditure, ways to raise revenue, analysis of past receipts and expenditures, explanation of economic policy for the upcoming year, and estimates of expenditure charged to the Consolidated Fund of India.
• Parliament has the power to discuss and approve demands for grants submitted in the Budget, which can only be made on the recommendation of the President.
• The Parliament's Committee on Estimates reviews budget proposals to report on their impact on the economy, suggest alternative policies, and ensure proper use of funds.
• The Comptroller and Auditor General oversees public spending to ensure it is authorized by Parliament, and their reports are examined by the Public Accounts Committee to verify legal disbursement of funds and adherence to governing authorities.

28. Parliamentary Terms

• Question Hour is the start of the day's business in Parliament where Ministers answer questions from members.
• Starred Questions require oral answers, Unstarred Questions require written answers, Short Notice Questions are urgent.
• Zero Hour follows Question Hour and allows members to raise various issues for discussion.
• Cut Motions seek to reduce the amount of a demand presented by the Government.
• Adjournment Motion is to discuss urgent public matters, Calling Attention Motion is to address urgent public interest.
• Privilege Motion is moved if a Minister breaches the privilege of the House or its members.
• Point of Order can be raised if proceedings do not follow normal rules.
• Vote on Account allows the Government to draw funds from the Consolidated Fund before Budget approval.
• Guillotine is used to conclude discussions on demands for grants on the last allotted day.
• Quorum is the minimum number of members needed to conduct House business.
• No-Confidence Motion tests the confidence of the Council of Ministers in the Lok Sabha.
• Censure Motion specifies charges against the Government or individual Ministers for failing to act.
• Lame-duck Session is held when the old parliament meets for the last time before dissolution.
• Shadow Cabinet in the UK consists of senior Opposition members covering areas of responsibility of the actual cabinet.

Leader of the Opposition

• The government has officially recognized the leaders of the Opposition in both the Lok Sabha and Rajya Sabha.
• This recognition was established through legislation passed by parliament in 1977 and the subsequent implementation of rules on November 1, 1977.
• Y.B. Chavan of the Congress (I) was the first to be given the official status of Leader of the Opposition in the Lok Sabha, with the same rank as a Cabinet Minister.

The Funds

• Money received by the Government of India is credited to either the Consolidated Fund of India or the Public Accounts of India.
• The Consolidated Fund of India includes all revenues, loans raised, and loan repayments received by the Government.
• Any other public money received by the Government is credited to the Public Accounts of India.
• The Constitution allows for the creation of a Contingency Fund by Parliament and state legislatures to meet unforeseen expenses.
• The Contingency Fund of India was established by the Contingency Fund of India Act 1950.

Extents of the Powers of Rajya Sabha

• Money Bills cannot be introduced in the Rajya Sabha.
• The Rajya Sabha cannot reject or amend a Money Bill.
• The Speaker of the Lok Sabha has the final say on whether a Bill is a Money Bill.
• The Rajya Sabha can discuss but not vote on public expenditure and demands for grants.
• The Council of Ministers is responsible to the Lok Sabha, not the Rajya Sabha.
• The Rajya Sabha is at a disadvantage in a joint session due to its numerical minority.
• Parliament can legislate on a State subject only if the Rajya Sabha approves by a 2/3 majority.
• New All-India services can only be created if the Rajya Sabha approves by a 2/3 majority.

29. The Supreme Court

• Article 124 of the Constitution outlines the establishment and constitution of the Supreme Court.
• The Supreme Court consists of a Chief Justice of India and up to thirty other Judges until a larger number is prescribed by Parliament.
• Proceedings of the Supreme Court are conducted in English only.
• The Supreme Court Rules, 2013 have been framed under Article 145 of the constitution to regulate the practice and procedure of the Supreme Court.
• Judges of the Supreme Court are appointed by the President of India after consulting the Chief Justice of the Supreme Court.
• Qualifications for appointment as a judge of the Supreme Court include being a citizen of India, having been a High Court Judge for at least 5 years, and being an Advocate of a High Court for at least 10 years.
• There is no minimum age or fixed period of office prescribed for appointment as a Judge of the Supreme Court.
• A Judge of the Supreme Court ceases to hold office upon reaching the age of 65, resigning in writing to the President, or being removed by the President for proved misbehavior or incapacity.
• The procedure for removal or impeachment of a Supreme Court Judge involves a motion addressed to the President, investigation by a Committee of Judges and a distinguished Jurist, and consideration of the Committee's report in the House where the motion is pending.
• If a motion to remove a Judge is passed by a majority of the total membership of the House and by a two-thirds majority of members present and voting, the address is presented to the President for removal.
• The Judge is only removed after the President gives his order for removal based on the address.
• The impeachment procedure is the same for Judges of the Supreme Court and the High Courts.
• After retirement, a Judge of the Supreme Court cannot practice law or act in any court or authority within India.
• The impeachment process for Judges reflects the importance of maintaining judicial integrity and accountability.
• The restrictions on post-retirement activities for Judges aim to uphold judicial independence and prevent conflicts of interest.
• The Supreme Court's three-fold jurisdiction showcases its diverse role in handling various cases and matters.
• The Supreme Court's exclusive original jurisdiction in disputes between States or between the Union and a State highlights its role in resolving interstate conflicts and upholding the federal structure of the Indian Constitution.
• The Supreme Court's role in enforcing Fundamental Rights highlights its importance as a protector of individual liberties and constitutional values, serving as a check against government overreach.
• The Supreme Court has three types of jurisdiction: Original, Appellate, and Advisory.
• Disputes between states or between the Union and a state fall under the exclusive Original jurisdiction of the Supreme Court.
• The Supreme Court's jurisdiction to issue writs for the enforcement of Fundamental Rights is considered 'original' jurisdiction, even though it is referred to as Writ Jurisdiction.
• The Supreme Court is the highest court of appeal in India and has the authority to interpret the Constitution.
• The Supreme Court is a court of record and has the power to punish for contempt of itself.
• The Supreme Court can hear appeals by granting special leave against judgments or orders from any court or tribunal, except military tribunals.
• Under advisory jurisdiction, the Supreme Court can provide its opinion on legal or factual matters of public importance referred to it by the President.

30. The High Court

• The High Court is the highest judicial authority in each state.
• There are 24 High Courts in India, with some having jurisdiction over multiple states.
• Some High Courts have Permanent Benches and Circuit Benches for convenience.
• Judges of the High Court are appointed by the President after consultation with various authorities.
• High Court Judges can serve until the age of 62 and can leave office through resignation, appointment to the Supreme Court, or removal by the President.
• The qualifications for being a High Court Judge include being a citizen of India, not above 62 years of age, and having relevant judicial experience.
• Salaries and allowances of High Court Judges are paid from the Consolidated Fund of the State.
• After retirement, a High Court Judge cannot practice law in any court in India except the Supreme Court and a High Court where they have not worked before.

31. Centre-State Relations

• The relationship between the center and states in India is moving towards federalism, which is inspired by the Constitution of Canada.
• The Indian Constitution divides powers between the center and states in terms of legislative, executive, and financial aspects, with an integrated judicial system.
• Legislative subjects are divided into three lists: Union List, State List, and Concurrent List in the 7th Schedule.
• The Union List gives exclusive powers to Parliament to make laws on subjects like defense, banking, foreign affairs, and more.
• The State List gives state legislatures exclusive powers to make laws on subjects like public service, public order, agriculture, and more.
• The Concurrent List allows both Parliament and State Legislature to make laws on subjects like national waterways, criminal law, marriage and divorce, and more.
• The 42nd Amendment Act of 1976 moved five subjects from the State List to the Concurrent List, including education, forests, weights and measures, protection of wild animals and birds, and administration of justice.
• Parliament has the authority to create laws for any part of India not included in a state, even if the matter falls under the State List. This applies to Union Territories or Acquired Territories.
• The 101st Amendment Act of 2016 allows Parliament and state legislatures to create laws regarding Goods and Services Tax (GST), with exclusive power for Parliament in cases of inter-state trade.
• Residuary subjects, which are not listed in any of the three lists, are under the jurisdiction of Parliament. This includes the power to impose residuary taxes.

Parliamentary Legislation in the State Field

• Article 249 allows Parliament to make laws on State List matters if Rajya Sabha deems it necessary for national interest.
• Resolution must be supported by two-thirds of members present and voting.
• Resolution remains in force for 1 year, can be renewed but not exceeding one year at a time.
• Laws cease to have effect after six months of resolution expiration.
• State Legislature still has power to make laws on the same matter.
• Parliament can legislate on goods and services tax during national emergency or President's rule, laws become inoperative after six months of emergency cessation.
• Article 253 allows Parliament to make laws on State List matters for implementing international treaties, agreements, or conventions to fulfill international obligations and commitments.

Administrative Relations

Articles 256-263 in Part XI of the Constitution address the administrative relationships between the Centre and the States, along with other related articles. Article 312 allows Parliament to establish new All-India Services with a resolution from the Rajya Sabha. Article 263 permits the President to form an Inter-State Council to examine and discuss matters of mutual interest between the Centre and the States.

Financial Relations

The Constitution contains provisions from Article 268 to 293 in Part XII that address financial relations between the Centre and the States, along with additional provisions on the same topic.

Distribution of Tax Revenue

• The 80th Amendment Act of 2000 and the 101st Amendment Act of 2016 made significant changes to how tax revenues are distributed between the Centre and the States.
• The 101st Amendment Act included the merging of various central indirect taxes and levies into the Goods and Services Tax (GST) system.
• State Value Added Tax/Sales Tax, Entertainment Tax, Central Cess Tax, Octroi and Entry Tax, Purchase Tax, Luxury Tax, Taxes on Lottery, Betting and Gambling were also subsumed under the GST system.
• The amendment also removed Article 268-A and Entry 92-C in the Union List, which were related to service tax.

Distribution of Non-tax Revenue

• The Centre has major sources such as Posts and Telegraphs, Railways, Banking, Broadcasting, Coinage and Currency, Central Public Sector Enterprises, Escheat and Lapse, while the State has sources like Irrigation, Forests, Fisheries, State Public Sector Enterprises, Escheat and Lapse.
• Four commissions have been established to resolve contentious issues between the Centre and the States: Administrative reforms commission 1966, Rajamannar Committee, Sarkaria Commission, and Punchhi Commission.
• The Rajamannar Committee aimed to address evolving dynamics within India's federal structure and propose necessary reforms.
• The Sarkaria Commission made 247 recommendations to improve Centre-state relations, with the most important being the establishment of the Inter-State Council in 1990.
• The Punchhi Commission, established in 2007, continued the tradition of scrutinizing Centre-State relations and provided valuable insights and proposals for a more effective relationship within the Indian federal framework.
• The five-member commission, which included Dhirendra Singh, Vinod Kumar, Prof. N.R. Madhav Menon, and Dr. Amresh Bagchi, was tasked with examining issues related to Centre-State relations in India. After Dr. Bagchi's passing, Mr. Vijay Shankar was appointed as a new member. The commission submitted a detailed report to the government in April 2010, spanning 1,456 pages across seven volumes. The report included over 310 recommendations, drawing on previous reports such as the Sarkaria Commission report, the NCRWC report, and the Second Administrative Reforms Commission report.

32. Executive of the States

The Governor [Art. 153-163]

• The Governor of a state is appointed by the President and serves at the pleasure of the President.
• Qualifications for the post of Governor include being a citizen of India, over 35 years of age, and not holding any other office of profit or being a Member of the Legislature.
• If a Member of a Legislature is appointed Governor, they must immediately cease to be a Member.
• The normal term of a Governor's office is five years, but it can be terminated earlier by dismissal by the President or resignation.
• There is no restriction on a person being appointed Governor more than once.

Why an appointed Governor

• Avoiding another election focused on personal issues would benefit the country.
• Directly electing the Governor could create tension between the Governor and Chief Minister.
• The expenses and machinery of election may not be justified by the Governor's powers.
• There is a risk of a less qualified individual being elected as Governor.
• An appointed Governor allows the Union Government to maintain control over the states.
• The election method could potentially fuel separatist movements.

Powers of Governor

• The Governor does not have diplomatic or military powers like the President, but has executive, legislative, and judicial authority similar to the President.
• The Governor can appoint the Council of Ministers, Advocate General, and members of the State Public Service Commission within their jurisdiction.
• The Ministers and Advocate General serve at the pleasure of the Governor, while members of the State Public Service Commission can only be removed by the President on certain grounds.
• The Governor can nominate members of the Anglo-Indian community to the Legislative Assembly and nominate individuals with special knowledge to the Legislative Council.
• The Governor is part of the State Legislature and has the power to address the Assembly, send messages, and summon or dissolve the Assembly.
• The Governor can refer any bill for the President's approval and has the power to grant pardons or reprieves.
• The Governor does not have emergency powers for external aggression or armed rebellion, but can report to the President if the State government is not functioning according to the Constitution.

Discretionary functions of the Governor

• The Governor of Assam has the discretion to determine the amount payable by the state to the District Council as royalty from mineral licenses.
• If a Governor is appointed as administrator of a neighboring Union Territory, they can act independently of their Council of Ministers.
• The President can assign special responsibilities to Governors of Maharashtra, Gujarat, Nagaland, Manipur, and Sikkim for various functions such as development, law and order, and social and economic advancement.
• The Governor has the power to dismiss individual Ministers at any time, but can only dismiss a Council of Ministers or Chief Minister if they have lost the confidence of the Legislative Assembly and the Governor does not choose to dissolve the Assembly.

The Advocate-General

• Each state has an Advocate-General, who is similar to the Attorney-General of India and performs similar functions for the state.
• The Advocate-General is appointed by the Governor of the state and serves at the pleasure of the Governor.
• Only a person who is qualified to be a judge of a High Court can be appointed as Advocate-General, and their remuneration is determined by the Governor.
• The Advocate-General has the right to speak and participate in the proceedings of the state legislature but does not have the right to vote.

Chief Minister and The State Council of Ministers

• The Chief Minister leads the State Council of Ministers, appointed by the Governor.
• Other Ministers are appointed by the Governor based on the Chief Minister's advice.
• Anyone can be appointed as a Minister, but they must become a member of the legislature within six months.
• The Council of Ministers is accountable to the Legislative Assembly as a whole, but individually accountable to the Governor.
• The relationship between the Governor and Ministers is comparable to that of the President and their Ministers.

The State Legislature

• Some states have a bi-cameral Legislature with two Houses, including Andhra Pradesh, Telangana, Bihar, Karnataka, Maharashtra, and Uttar Pradesh.
• The remaining states have a uni-cameral Legislature with only a Legislative Assembly.
• To create or abolish a Legislative Council, the State Legislative Assembly must pass a resolution with a special majority followed by an Act of Parliament.
• The size of the Legislative Council can vary, but its membership should not exceed 1/3 of the Legislative Assembly's membership, with a minimum of 40 members.
• The Legislative Council is a mix of nominated and elected members.
• Elections to the Legislative Council are indirect and follow proportional representation by single transferable vote.
• 5/6 of the Council members are indirectly elected, while 1/6 are nominated by the Governor.
• 1/3 of the Council members are elected by local bodies like municipalities and district boards.
• 1/12 of the members are elected by graduates with three years of standing in the state.
• Another 1/12 is elected by teachers from secondary schools or higher educational institutions.

The Strength of Legislative Councils

State	Total Seats
Andhra Pradesh	58
Telangana	40
Bihar	75
Jammu & Kashmir	Got abolished on October 17, 2019
Karnataka	75
Maharashtra	78
Uttar Pradesh	100

• 1/3 of the members of the Legislative Assembly are elected by members of the Assembly who are not already members.
• The rest of the members are nominated by the Governor, with expertise in various fields such as literature, science, art, co-operative movement, and social service.
• The Court cannot question the Governor's nominations.
• The Legislative Assembly of each State is directly elected based on adult suffrage from territorial constituencies.
• The number of members in the Assembly must be between 60 and 500.
• Mizoram and Goa have 40 members each in their Assembly, while Sikkim has 32 members.

The Strength of Legislative Assembly in States/UTs

State/UT	Strength	State/UT	Strength
Uttar Pradesh	404	Haryana	90
West Bengal	294	Jammu & Kashmir	83**
Maharashtra	288	Jharkhand	82
Bihar	243	Uttarakhand	71
Tamil Nadu	234	Delhi (NCT)	70
Madhya Pradesh	230	Himachal Pradesh	68
Karnataka	200	Manipur	60
Rajasthan	200	Manipur	60
Gujarat	182	Meghalaya	60
Andhra Pradesh	175	Nagaland	60
Odisha	147	Tripura	60
Kerala	140	Goa	40
Assam	126	Mizoram	40
Telangana	120	Sikkim	32
Punjab	117	Puducherry	33
Chhattisgarh	90	*4 Seats of Ladakh do not exist now
**7 Seats are reserved for SC (Out of 107 seats 24 seats are in POK)
N.B.: ‘Strength’ includes nominated members also.

• The Governor has the authority to appoint one member of the Anglo-Indian community to the Assembly.
• The Legislative Assembly has a term of five years but can be dissolved earlier by the Governor.
• In the event of a Proclamation of Emergency by the President, the term of the Legislative Assembly can be extended by Parliament for up to one year at a time.
• The Legislative Council, like the Council of State, is a permanent body.

Salaries of Eminent Posts

Post	Salary (in Rs)
President	5,00,000
Vice President	4,00,000
Lok Sabha Speaker	4,00,000
Governor	3,50,000
Chief Justice of Supreme Court	2,80,000
Other Judges of Supreme Court	2,50,000
Chief Justice of High Courts	2,50,000
Other Judges of High Court	2,25,000
Comptroller and Auditor General of India	2,50,000
Chief Election Commissioner	2,50,000
Attorney General of India	2,50,000

• The Legislative Council does not dissolve completely, as one-third of its members retire every second year.
• Both the Legislative Assembly and Legislative Council have their own Speaker and Deputy Speaker/Chairman and Deputy Chairman, with similar provisions to those of the Union Parliament.
• To be a member of the State Legislature, one must be a citizen of India, at least 25 years old for the Legislative Assembly and 30 years old for the Legislative Council, and meet any other qualifications set by Parliament.

Comparison of Legislative Procedures between Bi-cameral State Legislature and the Parliament

• Money Bills have the same process in both houses of the legislature.
• For non-Money Bills, the Legislative Council can only delay the bill for 3 months.
• If there is disagreement, the bill is sent back to the Legislative Council for a second time.
• The Council can only hold the bill for a maximum of one month on the second referral.

Governor's Power of Veto

• When a Bill is approved by the Houses of the Legislature and presented to the Governor, the Governor has several options:
  
  • The Governor can give his assent to the Bill, making it a law immediately.
  • The Governor can withhold his assent to the Bill, causing it to fail to become a law.
  • The Governor can withhold his assent to the Bill (excluding Money Bills) and return the Bill with a message.
  • The Governor can reserve a Bill for the consideration of the President, which is mandatory if the law would impact the powers of the High Court.

Power of Governor to Promulgate Ordinances

• The Governor can only issue an Ordinance when the Legislature is not in session.
• The Governor must consult with the Council of Ministers before issuing an Ordinance.
• The Ordinance must be presented to the State Legislature when it reconvenes.
• An Ordinance expires after 6 weeks unless approved by the Legislature earlier.
• The Governor can revoke the Ordinance at any time.
• The Governor can only issue Ordinances on subjects in Lists II and III of the Seventh Schedule.
• The Governor needs instructions from the President to issue an Ordinance if it requires the President's previous sanction or consideration.

Privileges of State Legislature

• State Legislature and Union Parliament have similar privileges.
• Each House of State Legislature can punish for breach of privileges or contempt.
• Each House can determine if its privileges have been infringed, courts cannot interfere.
• Legislature cannot create new privileges, courts can determine existing privileges.

33. Panchayati Raj

• Panchayati Raj in India refers to rural self-government.
• Local Government is mentioned in the State List of the Constitution.
• Panchayati Raj institutions are a form of self-government.
• The minimum age for contesting Panchayati Raj elections is 21 years.
• Panchayati Raj was made constitutional through the 73rd Constitutional Amendment Act of 1992.
• The Act was passed by the Lok Sabha on December 22, 1992, the Rajya Sabha on December 23, 1992, and approved by 17 state assemblies before receiving the President's assent on April 23, 1993.
• The Act became effective on April 24, 1993.
• 'Panchayati Raj Diwas' has been observed on April 24 since 2010, first initiated by Prime Minister Dr. Manmohan Singh.
• The Constitution has been amended to include a new Part-IX titled 'The Panchayats' and an Eleventh Schedule containing 29 functional items of the panchayats.
• Part IX of the Constitution establishes a three-tier system of Panchayats: village level, district level, and intermediate level in states with a population above 20 lakhs.
• All seats in a Panchayat are filled through direct elections by the electorate known as 'Gram Sabha'.
• Gram Sabha is a village assembly consisting of all registered voters in the area of a Panchayat.
• Members of Panchayats at different levels are elected directly by the people, while the chairperson at intermediate and district levels is elected indirectly by and from amongst the elected members.
• The presiding officer of Gram Sabha, known as 'Sarpanch', even in Schedule Areas.
• The Chairperson of a Panchayat at the village level is elected according to state laws.
• Seats in Panchayats are reserved for Scheduled Castes and Scheduled Tribes in proportion to their population.

PESA Act of 1996 (Extension Act)

• Part IX of the constitution regarding Panchayats does not apply to Fifth Schedule areas, but can be extended by Parliament.
• The PESA Act was enacted by Parliament to extend Panchayat provisions to Scheduled Areas.
• Ten states have Fifth Schedule Areas.
• Reservations for women and marginalized communities in Panchayats.
• Panchayats can continue for 5 years and can be dissolved earlier according to State law.
• Qualifications for Panchayat members.
• Panchayats can work on economic development and social justice plans, levy taxes, and duties.
• Finance Commission reviews Panchayat finances every 5 years.
• State Election Commission oversees Panchayat elections.
• History of Community Development Programme and Panchayati Raj implementation in India..
• Rajasthan was the first state in India to implement Panchayati Raj, followed by Andhra Pradesh in 1959.
• The L.M. Singhvi Committee Report in 1986 focused on revitalizing Panchayati Raj institutions, emphasizing the importance of democracy and the role of Gram Sabha in direct democracy.
• A sub-committee chaired by P.K. Thungon in 1988 recommended constitutional recognition for Panchayati Raj bodies.
• The recommendations of the Gadgil Committee in 1988 formed the basis for drafting an amendment bill to confer constitutional status and protection to Panchayati Raj institutions.

Committees Related to Panchayati Raj

SI	Committees	Date of Appointment	Date of Report
1	Balwant Ray Mehta Committee	Jan., 1957	24-11-1957
2	Ashok Mehta Committee (On working of Panchayats)	12-12-1977	21-08-1978
3	Hanumantha Rao Committee (Direct Level Planning)	Sept., 1982	May, 1984
4	G. V. K Rao Committee (On administrative aspects of rural development)	25-03-1985	Dec., 1985
5	L. M. Singhvi Committee (On Constitutional status of Panchayats)	-	27-11-1986
6	P. K. Thungon Committee (To consider constitutional amendment)	1988
7	V. N. Gadgil Committee (How best Panchayati Raj institutions could be made effective)	1988

Committees Related to Panchayati Raj (After Constitutionalisation)

SI	Name of the Committee	Chairman	Appointment in	Reported in
1	Task Force on Devolution of Powers and Functions to Panchayati Raj Institutions	Lalit Mathur	2001	2001
2	Expert Group on Planning at the Grassroot Level	V. Ramachandran	2005	2006
3	Task Force for Preparation of a Manual for District Planning	Smt. Rajwant Sandhu	2008	2008
4	Committee on Restructuring of DRDA (District Rural Development Agency)	V. Ramachandran	2010	2012
5	Expert Committee on Leveraging Panchayats for Efficient Delivery of Public Goods and Services	Mani Shankar Aiyar	2012	2013

34. Municipalities

• The concept of 'Urban Local Government' in India refers to the administration of urban areas by elected officials chosen by the people.
• There are eight different types of urban local governments in India, including municipal corporations, municipalities, notified area committees, town area committees, cantonment boards, townships, port trusts, and special purpose agencies.
• The 74th Constitutional Amendment Act of 1992 constitutionalized the system of urban government.
• The Act added a new part-IX-A to the Constitution titled 'The Municipalities' with provisions from Articles 243-P to 243-ZG.
• A new Twelfth Schedule was added to the Constitution containing eighteen functional items of municipalities.
• Part IXA provides a constitutional foundation for local self-government units in urban areas.
• Provisions for municipalities are similar to those in Part IX, including structure, reservation of seats, functions, and sources of income.
• The Act provides for three types of municipalities in every state: Nagar Panchayat, Municipal Council, and Municipal Corporation.
• Members of a municipality are generally elected by direct election.
• The Legislature of a State can provide for representation in municipalities of persons with special knowledge or experience in municipal administration, members of various legislative bodies, and Chairpersons of Ward Committees.
• If the population is 300,000 or more, Ward Committees are formed.
• Two committees are established to create development plans:
• District Planning Committee at the district level
• Metropolitan Planning Committee at the metropolis level. 
• These committees are responsible for planning and development in their respective areas.

35. Inter-State Relations

• Article 131 gives the Supreme Court exclusive jurisdiction to resolve disputes between states, while Article 262 allows for disputes to be resolved by an extra judicial tribunal.
• Article 263 allows for the prevention of inter-state disputes through investigation and recommendations by the Inter-State Council.
• The Inter-State Water Disputes Tribunal, established by Parliament under Article 262, is responsible for adjudicating disputes between states over the waters of inter-state rivers or river valleys.
• Inter-state river water disputes are not under the jurisdiction of any court, including the Supreme Court.

Committee/Comutissions Related to Centre-State Relations

Commission/Committee	Chairman	Constituted on
Rajamannar Committee	Dr. P.V. Rajamannar	2 Sept. 1969 by TN Govt.
Sarkaria Commission	Justice R.S. Sarkaria	9 June, 1983 by the Union Govt.
Punchhi Commission	M.M. (Madan Mohan) Punchhi	27 April, 2007 by the Union Govt.

Inter-State Council

• An Inter-State Council was established to coordinate in Inter-State disputes under Article 263 (a).
• The Inter-State Council was formed through a Presidential Order on May 28, 1990.
• The Inter-State Council includes the Prime Minister, 6 Union Cabinet Ministers, Chief Ministers of all States, and administrators of all Union Territories.
• The Sarkaria Commission recommended the creation of a permanent Inter-State Council for coordination among States and with the Union.
• The Inter-State Council is chaired by the Prime Minister and meets three times a year.
• Five Zonal Councils were established to discuss and advise on matters of common interest in different regions.
• The North Eastern States have their special problems looked after by the North Eastern Council.
• Each Zonal Council consists of the Chief Minister and two other Ministers from each State in the Zone, along with the Administrator in the case of a Union Territory.
• The Union Home Minister is the common chairman of all the Zonal Councils.

36. Planning Commission

• The Planning Commission was not mentioned in the Constitution, but was established by a resolution of the Union Cabinet in 1950.
• Pt. Jawahar Lal Nehru was the first chairman of the Planning Commission, while Narendra Modi was the last.
• Gulzari Lal Nanda served as the Deputy Chairman of the 1st Planning Commission.
• The Planning Commission consisted of a Chairman, four part-time members who were Ministers, and seven full-time members.
• The main functions of the Planning Commission included preparing integrated Five Year Plans and advising the Union and State Governments.
• Prime Ministers have traditionally served as the Chairman of the Planning Commission.
• In 2014, Prime Minister Narendra Modi announced the formation of a new institution to replace the Planning Commission.

37. NITI Aayog

• NITI Aayog was established by the Government of India on January 1, 2015, with the aim of transforming India.
• The Prime Minister of India serves as the chairperson of NITI Aayog, with Chief Ministers of all states and the Lt. Governor of Andaman & Nicobar Islands as members of the Governing Council.
• NITI Aayog consists of five full-time members, two permanent members, four Union Ministers as ex-officio members, and three Union Ministers as special invitees.
• Arvind Pangariya, an Indo-US economist and former Chief Economist of the Asian Development Bank, was the first Vice Chairman of NITI Aayog.
• The first meeting of NITI Aayog was held on February 8, 2015, chaired by Prime Minister Narendra Modi.

38. National Development Council (NDC)

• The National Development Council was established in 1952 to involve the States in the planning process.
• The NDC includes members of the Union Cabinet, Chief Ministers of States, Administrators of Union Territories, and members of the Planning Commission (now NITI Aayog), with the Prime Minister serving as Chairman.
• The NDC's functions include reviewing the national plan's progress and recommending measures to achieve its targets.
• The NDC is considered an informal and non-legal entity.

39. National Integration Council

• The National Integration Council was established in 1986 to address the welfare needs of minorities across India.
• The council is made up of Union Ministers, Chief Ministers of States, representatives from national and regional political parties, labor groups, women's organizations, public figures, and media representatives.
• The National Integration Council is a non-constitutional body, meaning it does not have a formal basis in the Indian Constitution.

40. Finance Commission

The Constitution allows for the creation of a Finance Commission by the President, as outlined in Articles 270, 273, 275, and 280. The inaugural Finance Commission was established in 1951.

Finance Commissions of India

SI.	Constituted	Chairman	Report Implementation Year
1	1951	K. C. Niyogi	1952-1957
2	1956	K. Santhanam	1957-1962
3	1960	A. K. Chanda	1962-1966
4	1964	Dr. P. V. Rajamannar	1966-1969
5	1968	Mahavir Tyagi	1969-1974
6	1972	Brahmanand Reddy	1974-1979
7	1977	J. M. Schelet	1979-1984
8	1982	Y. B. Chavan	1984-1989
9	1987	N. K. P. Salve	1989-1995
10	1992	K. C. Pant	1995-2000
11	1998	A. M. Khusro	2000-2005
	Nov., 2002	C. Rangarajan	2005-2010
	Nov., 2007	Dr. Vijay L. Kelkar	2010-2015
	Jan., 2013	Y.V. Reddy	2015-2020
	Nov., 2017	N.K. Singh	2020-2025
	Dec., 2023	Arvind Panagariya	2025-2030 *extended up to 2020

• The Finance Commission is made up of a Chairman and four other members.
• The Chairman must have experience in public affairs, while the members must meet certain qualifications set by Parliament.
• Members can be appointed if they are or have been qualified to be judges of the High Court, have knowledge of government finance and accounts, have experience in financial matters and administration, or have expertise in economics.
• The members serve for a specified period as determined by the President and can be reappointed.
• The Finance Commission has several main functions:
  
  • Recommending the basis for distributing taxes between the center and states to the President
  • Recommending principles for grants in-aid to states from the Consolidated Fund of India
  • Providing advice to the President on financial matters
  • Suggesting payments to certain states in lieu of export duty on Jute products
• The Commission's recommendations are submitted to the President and are typically accepted by the Central Government.
• The recommendations made by the Commission are valid for a period of five years.

41. Public Service Commissions

• The Constitution establishes Public Service Commissions for the Union, each State, or a group of States.
• A Joint Public Service Commission can be created by Parliament with approval from the State Legislatures.
• The Union Public Service Commission can serve a State's needs if requested by the Governor and approved by the President.
• Appointment and conditions of service for Commission members are determined by the President or Governor.
• Conditions of service for Commission members cannot be changed to their disadvantage after appointment.
• Half of the Commission members must have at least 10 years of government service.
• The term of service for a Commission member is 6 years or until retirement, with retirement age varying between 62 and 65 years.
• Commission members can be terminated by resignation, removal by the President, or for specific reasons like insolvency or misbehavior.
• The expenses of the Commission are funded by the Consolidated Fund of India or the State.
• Chairmen and members of the Commission have restrictions on future government employment.
• Members of a State Public Service Commission can be appointed as Chairman of a State Public Service Commission or Chairman/member of UPSC, but cannot hold any other government employment.
• Public Service Commissions provide advisory recommendations to the government, which can choose to accept or deviate from them.
• Functions of Public Service Commissions include conducting examinations for Union and State service appointments, advising on referred matters, and carrying out additional functions as specified by Parliament or State Legislature.

42. Election

• The general election is conducted based on adult suffrage, meaning every citizen of India who is at least 18 years old has the right to vote, unless disqualified by law.
• Any challenges to the election of members of Parliament or State Legislatures can only be made through an election petition in the High Court, with the option to appeal to the Supreme Court.
• Disputes regarding the election of the President and Vice-president can only be resolved in the Supreme Court, as per the Constitution.

Election Commission

• The Constitution establishes an independent body, the Election Commission, to oversee the election process and related matters.
• The Election Commission operates independently from executive control to ensure fairness in elections.
• The Election Commission is comprised of a Chief Election Commissioner and two other Election Commissioners.
• The President has the authority to determine the number of Election Commissioners.

Chief Election Commissioner (CEC)

• The President appoints the Chief Election Commissioner for a 6-year term or until the age of 65, whichever comes first.
• The CEC receives the same status, salary, and perks as Supreme Court judges.
• The CEC can only be removed in the same manner as a Supreme Court judge.
• Other Election Commissioners can be removed by the President based on the CEC's recommendation.
• The Election Commission oversees all elections to Parliament, State Legislatures, President, and Vice-President.
• Regional Commissioners can be appointed by the President in consultation with the Election Commission for assistance.

Chief Election Commissioners of India

St.	Name	Tenure
1	Sukumar Sen	21 March, 1950 - 19 Dec., 1958
2	K. V. K. Sundaram	20 Dec., 1958 - 30 Sept., 1967
3	S. P. Sen Verma	01 Oct., 1967 - 30 Sept., 1972
4	Dr. Nagendra Singh	01 Oct., 1972 - 06 Feb., 1973
5	T. Swaminathan	07 Feb., 1973 - 17 June, 1977
6	S. L. Shakdhar	18 June, 1977 - 17 June, 1982
7	R. K. Trivedi	18 June, 1982 - 31 Dec., 1985
8	R. V. S. Peri Shastri	01 Jan., 1986 - 25 Nov., 1990
9	Smt. V. S. Rama Devi	26 Nov., 1990 - 11 Dec., 1990
10	T. N. Seshan	12 Dec., 1990 - 11 Dec., 1996
11	Dr. M. S. Gill	12 Dec., 1996 - 13 June, 2001
12	J. M. Lyngdoh	14 June, 2001 - 07 Feb., 2004
13	T. S. Krishna Murthy	08 Feb., 2004 - 15 May, 2005
14	B. B. Tandon	16 May, 2005 - 29 June, 2006
15	N. Gopalaswami	30 June, 2006 - 20 April, 2009
16	Naveen B. Chawla	21 April, 2009 - 29 July, 2010
17	Dr. S. Y. Quraishi	30 July, 2010 - 10 June, 2012
18	V. S. Sampath	11 June, 2012 - 15 January, 2015
19	H. S. Brahma
20	Dr. Naseem Zaidi	19 April, 2015 - 05 July, 2017
21	Achal Kumar Joti	06 July, 2017 - 22 January, 2018
22	Om Prakash Rawat	23 January, 2018 - 01 Dec, 2018
23	Sunil Arora	02 December, 2018 - 12 April, 2021
24	Sushil Chandra	13 April, 2021 - 14 May, 2022
25	Rajiv Kumar	15 May, 2022

• The first female Chief Election Commissioner has been appointed.
• The Election Commission's main functions include preparing electoral rolls, delimiting constituencies, and recognizing political parties.
• The Election Symbols (Reservation and Allotment) Order was promulgated by the Election Commission in 1968.
• To be recognized as a National party, a political party must meet certain criteria such as securing at least six percent of the valid votes in multiple states.
• To be recognized as a State party, a political party must secure at least six percent of the valid votes in the State at a general election.
• Winning at least two seats in the Legislative Assembly of the State or at least three percent of the total number of seats in the Legislative Assembly, whichever is more, is a requirement for a political party to be recognized.
• A code of conduct for political parties is created by the Election Commission.
• The Election Commission advises the President on the disqualification of members of parliament.
• Election officers are appointed by the Election Commission to resolve disputes related to election arrangements.
• The Election Commission prepares a roster for central broadcasts and telecasts by political parties.
• The Election Commission is responsible for keeping voter lists up-to-date at all times.
• Identity cards are issued to voters by the Election Commission.

43. Delimitation Commission of India

• The Delimitation Commission of India is established by the government under the Delimitation Commission Act to redraw boundaries of assembly and Lok Sabha constituencies based on recent census data.
• The representation from each state remains the same during this process, but the number of SC and ST seats may change based on census information.
• The Commission's orders have the force of law and cannot be challenged in court, with the President specifying the date they come into effect.
• Delimitation Commissions have been constituted four times in India, with the most recent one in 2002 chaired by Justice Kuldip Singh.
• The recent delimitation was based on the 2001 census data and approved by the union cabinet and President Pratibha Patil in 2008.
• The Constitution was amended in 2002 to delay delimitation until after the first census after 2026.
• The Delimitation Commission includes Election Commissioners from all states and Union Territories, as well as the Chief Election Commissioner of India.

No. of Reserved /General Seats After Delimitation

Category	In 1976	After 2008
SC	79	84
ST	41	47
Unreserved/General	423	412
Total Seats in Lok Sabha	543	543

The Delimitation Commission of 2002 did not include Assam, Manipur, Arunachal Pradesh, Nagaland, and Jharkhand in its coverage.

44 The Official language

• Hindi in Devanagri script is the official language of the Union according to Article 343.
• English was to be used as the principal official language alongside Hindi until 1965.
• The first Official Language Commission was established in 1955 with Shri B.G. Kher as Chairman.
• The Commission recommended that a strict deadline for the changeover of language should not be set, and this recommendation was accepted.

Classical Languages

• In 2004, the Government of India established a new category called 'classical languages' and set criteria for determining this status in 2006.
• As of 2016, six languages have been granted the classical language status: Tamil (2004), Sanskrit (2005), Telugu (2008), Kannada (2008), Malayalam (2013), and Odia (2014).

Language of the State/Link Language:

• Article 345 addresses the issue of determining the official language for each state and for official transactions within the state.
• A state legislature can choose to use any language spoken in the state or Hindi for official purposes.
• If there is a significant demand for another language to be recognized for official use in a state or part of a state, the President can approve it.

Language of the SC and HCs and authoritative text of laws:

• English is the language of authoritative text for all proceedings in the Supreme Court and High Courts, Bills and amendments in Parliament and State Legislatures, Acts passed by Parliament or State Legislatures, Ordinances, and orders, rules, regulations, and by-laws issued under the Constitution or any law.
• State Legislatures can use languages other than English for Bills and Acts, as well as Subordinate Legislation.
• The languages in the 8th Schedule of the Constitution are Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Sindhi, Tamil, Telugu, Urdu, Maithili, Santhali, Dogri, and Bodo.
• Sindhi was added by the Constitution (21st Amendment) Act in 1967, Konkani, Manipuri, and Nepali were added by the Constitution (71st Amendment) Act in 1992, and Maithili, Dogri, Bodo, and Santhali were added by the Constitution (92nd Amendment) Act in 2003.
• The privileges for languages in the 8th Schedule include having a member in the Official Language Commission and being considered for contributions towards the development of the Hindi language.

45. National Symbols

National Flag

• The National flag of India consists of a horizontal tricolour of deep saffron, white, and dark green in equal proportion.
• The flag has a navy-blue wheel in the center representing the chakra, with 24 spokes.
• The design of the flag was adopted by the Constituent Assembly of India on July 22, 1947.
• Display of the National Flag is governed by the Emblems and names (Prevention of Improper Use) Act, 1950 and the Prevention of Insults to National Honour Act, 1971.
• The Flag Code of India, 2002, consolidates all laws, conventions, practices, and instructions related to the National Flag for guidance and benefit of all concerned.
• The Supreme Court, led by Chief Justice B.N. Khare, made a significant ruling in January 2004 stating that hoisting the National Flag is a fundamental right protected under Article 19 (1) (A).
• This ruling affirmed the importance of the National Flag and its significance as a symbol of national pride and identity.
• The first time the National Flag of India was hoisted was on the midnight of August 14, 1947, marking the country's independence from British rule.

State Emblem

• The state emblem of India is based on the Sarnath Lion Capital of Ashoka, featuring four lions, an elephant, a galloping horse, a bull, and a lion on an abacus with a lotus and the Wheel of the Law.
• The current state emblem, adopted in 1950, shows only three lions with the fourth hidden, the Wheel of Law in the center, a bull on the right, a horse on the left, and the words "Satyameva Jayate" inscribed below in Devanagari script.
• The State of India (Prohibition of Improper Use) Act, 2005 regulates the use of the state emblem as the official seal of the Government of India.

National Anthem

• The song Jana-gana-mana was originally composed in Bengali by Rabindranath Tagore and adopted as the National Anthem of India in its Hindi version by the Constituent Assembly in 1950.
• It was first sung in 1911 at the Kolkata Session of the Indian National Congress and consists of five stanzas.
• Tagore published the song in 'Tatvabodhini' in 1912 and translated it into English in 1919.
• The credit for composing the current tune of the national anthem goes to Captain Ram Singh Thakur.
• The full version of the national anthem has a playing time of approximately 52 seconds, while a short version of the first and last lines is played on certain occasions for about 20 seconds.

National Song

• The song "Vande Mataram" was composed in Sanskrit by Bankimchandra Chatterji and served as a source of inspiration during the struggle for freedom.
• It holds an equal status with the national anthem, Jana-gana-mana, and was first sung at the 1896 session of the Indian National Congress.
• The song was published in the novel 'Anandmath' by Bankimchandra Chatterji and has a playing time of one minute and five seconds.
• It is important to note that nobody can be forced to sing the National Song.

National Calendar

• The National Calendar, based on the Saka Era with Chaitra as its first month and a 365-day year, was adopted in 1957 alongside the Gregorian calendar for official purposes.
• The dates of the National Calendar correspond permanently with the dates of the Gregorian calendar, with 1 Chaitra falling on 22 March in a normal year and 21 March in a leap year.

National Symbols

• National Animal: The magnificent tiger, Panthera tigris.
• National Bird: The Indian peacock, (Pavo cristatus).
• National Flower: Lotus (Nelumbo nucifera Gaertn).
• National Tree: The Banyan Tree (Ficus benghalensis).
• National Fruit: Mango (Mangifera indica).
• National Aquatic Animal: The mammal Gangetic Dolphin (Platanista gangetica).

46. Some Important Comments

• Laski believes that rights are essential for individuals to be their best selves in society.
• Abraham Lincoln defines democracy as government by, for, and of the people.
• Dicey and Finer describe unitary government as centralized authority with supreme power.
• Dr. Garner defines parliamentary government as the Cabinet being responsible to Parliament.
• Dicey states that the constitution includes all rules affecting the distribution of sovereign power.
• Aristotle sees the constitution as the arrangement of citizens within the state.
• Bryce defines the constitution as a set of established rules for government.
• Finer views the constitution as a system of fundamental political institutions
• Rousseau believes that man is born in chains.
• T.H. Green's theory of General Will is based on Rousseau's concept of Idealism.
• Moderate Idealism first differentiated the state from government in the 19th century.
• Machiavelli was one of the first to use the term "State" in political science.
• Leecock (John Locke) states that the constitution is the form of government.
• John Stuart Mill emphasizes the importance of political equality and the right to vote in democracy.
• Montesquieu believes that all inhabitants should have the right to elect representatives.
• Jefferson warns against the concentration of all government powers in one body, as it leads to despotism.

47. Some Important Statements

• Aristotle is considered the father of the Science of politics in the western world.
• According to Aristotle, man is naturally a political animal and those without a state are either above or below humanity.
• The state was originally created for mere survival but now exists for the purpose of a good life, as per Aristotle.
• Professor Barker stated that human consciousness requires liberty, which in turn involves rights that are protected by the state.
• Immanuel Kant is known as the "Father of the Idealistic Theory" and Hegel believed that the state is a manifestation of God on earth.
• The Manusmriti states that although a king is human, he should not be hated as he represents God in human form.
• The Manusmriti also suggests that the state was created by God to protect people from anarchy.

48. Some Important Definitions

• Paul Janet defines Political Science as the study of the foundations of the State and principles of Government.
• Bluntschli views Political Science as a science that seeks to understand the State in its various forms and developments.
• Garris believes Political Science deals with the origin, development, purpose, and all political problems of the State.
• Gettell describes Political Science as a study of political organizations and theories in the past, present, and future.
• Leacock states that Political Science is concerned with the State and its essential conditions for development.
• Dr. Garner sees Political Science as dealing with Government.
• Seeley compares Political Science to other disciplines like Political Economy, Biology, Algebra, and Geometry.
• Catlin defines Political Science as the study of human and social control relationships.
• Herold Laswell defines Political Science as the study of the shaping and sharing of power and political acts as those performed in power perspectives.

49. Some Important Books (Polity)

S.no.	Book	Writer/Author
1	Politics	Aristotle
2	Philosophy of Rights	Hegel
3	Political Science and Government	Dr. Garner
4	Ethical Studies	F.H. Bradley
5	Metaphysical Theory of the State	Dr. L.T. Hobhouse
6	The Origin of the Family, Private Property and the State	Frederick Engels
7	Theory of the State	Bluntschli
8	Elements of Political Science	Leacock
9	Principles of Political Science	Prof. R.N. Gilchrist
10	Representative Government	John Stuart Mill
11	Arthshastra	Kautilya
12	Grammar of Politics	Harold Laski
13	Encyclopedia of Social Science	Richard W. Flournoy
14	De Republica	Cicero
15	Social Contract	Rousseau
16	The Modern State	MacIver
17	Democracy	C.D. Burns
18	Metaphysical First Principles of Theory of Law (1796)	Immanuel Kant
19	Modern Democracies	Bryce
20	Political Science	Gettell
21	Dictatorship	Alfred Cobbon
22	Spirit of the Laws	Montesquieu
23	Social Statics and Man Versus the State (1903)	Herbert Spencer
24	Principles of Morals and Legislation	C.E.M. Joad
25	Introduction to Modern Political Theory	Dr. Pattabhi
26	Gandhi and Gandhism	Sitaramayya
27	Das Capital	Karl Marx

50. Miscellaneous

Sir William Ivor Jennings believed that the Directive Principles of state policy are the noble aspirations of virtuous individuals.

Uniform Civil Code, Uttarakhand 2024

• The President approved the Uniform Civil Code, Uttarakhand, 2024 on 11th March, 2024.
• Uttarakhand is the first state in India post-Independence to implement the UCC.
• The UCC aims to replace personal laws based on religion and traditions with a common law for all.
• Article 44 of the Indian Constitution calls for a Uniform Civil Code for all citizens.
• A panel led by former SC Judge Ranjana Prakash Desai was appointed by the Uttarakhand government to draft recommendations for the UCC.
• The Uttarakhand UCC is largely based on the Indian Succession Act, 1925, with many provisions retained.
• The 44th constitutional amendment in India aimed to address judicial interpretations of fundamental rights.
• The Inter State Council is established by the President.
• The Government of India passed a human rights protection act in 1993.
• The Ministry of Tribal Affairs oversees the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers Act.
• The Hindu Marriage Act was enacted in 1955.
• Ammu Swaminathan was a member of the Constituent Assembly from Madras in 1946.
• The 88th amendment added 'taxes on services' to the Union List.
• The salary and allowances of opposition leaders in parliament are governed by an act passed in 1977.
• An amendment to the Right to Information Act in 2019 changed the appointment terms for commissioners.
• The Protection of Women from Domestic Violence Act was passed in 2005.
• The 86th Amendment Act added a new fundamental duty under Article 51-A.
• The Right of Children to Free and Compulsory Education Act came into force in 2010.
• Abraham Lincoln described democracy as government of, for, and by the people.
• Collegiate Jurisdiction is not under the jurisdiction of the apex court in India.
• Chaudhary Charan Singh had the shortest term as Prime Minister.
• Liyaquat Ali Khan was the Finance Minister in the Interim Government.
• Ladakh is a Union Territory without its own legislature.
• The Citizenship Amendment Act, 2019 aims to grant citizenship to persecuted minority groups.
• Bihar provided 50% reservation for women in Panchayat bodies in 2006.
• The 'split system' in Indian administration refers to power distribution between the center and states.
• The Committee on Subordinate Legislation deals with delegation of power to make rules and regulations.
• 'Vishakha Guidelines' address sexual harassment of women in the workplace.
• The first Interim National Government was announced in 1946.
• The 'Right to Constitutional Remedies' allows citizens to seek court intervention if their fundamental rights are violated by the state.
• The Indian Constitution was enacted on Magh Shukla Ashtami, Samvat 2006 Vikrami.
• The term "Fourth estate" refers to the press, and India has a "Flexible and Rigid" type of Constitution.
• The "Democratic" form of government enhances the dignity of citizens.
• The President of India addresses his resignation letter to the Vice President of India.
• The President appoints and administers the oath to the Speaker pro-tem of Lok Sabha.
• The Chief Justice of the Supreme Court administers the oath of office and secrecy to the President of India.
• The Parliament of India is the supreme law-making institution.
• Justice Ritu Bahri was sworn in as the Chief Justice of Uttarakhand High Court by Uttarakhand Governor Lt General Gurmit Singh (Retired).
• The Prime Minister inaugurated the Diamond Jubilee Celebration of the Supreme Court of India in Delhi on January 28, 2024.
• Article 243ZD deals with District Planning Committee.
• The total number of Ministers in a State shall not exceed 15% of the total number of members of the Legislative Assembly.
• Article 75 states that the total number of Ministers in the council of Ministers shall not exceed 15% of the total number of members of the House of the People.
• Vote of Credit is a financial grant given to the Executive from the resources of India to meet urgent financial requirements.
• Vote on account deals with the short-term expenditure needs of the central Government from the Consolidated Fund of India.