CDS BOOKLET FOR POLITY

The period of historical British Constitutional experiments in India can be divided into two phases:

1. Phase 1- Constitutional experiment during the rule of the East India Company (1773-1857)
2. Phase 2 – Constitutional experiments under the British Crown (1857-1947)
 Constitutional Development – East India Company Rule (1773 – 1857)
From 1757 to 1857, 5 major laws were created to regulate the functioning of British East India
Company and to help them rule over India. The details of these 5 Acts are mentioned below.

 Regulating Act of 1773

The process of Centralization in India was initiated through the Regulating Act of 1773.

1. This is the first Act passed by the British Parliament to control and regulate the affairs of the East
India Company in India.
2. As per this Act, the Governor of Bengal was made the Governor-General.
3. Warren Hastings was the first Governor-General of India.
4. This Act made Governors of Bombay and Madras subordinate to the Governor of Bengal.
5. The Governor-General was given the power to make rules and regulations.
6. The Governor-General was assisted by a Council of 4 members.
7. The number of Directors in the Company was fixed at 4.
8. The Governor-General had to follow the orders of the Directors of the Company.
9. Revenue of the company should be reported by The Court of Directors, who were the governing
body of the company
10. A Supreme Court was established at Calcutta in 1774, as per the provisions.
11. The Supreme Court had a Chief Justice and 3 Assistant Judges.

 Pitts India Act of 1784

In the Constitutional history of India, this Act brought in many significant changes.

1. As per this Act of 1784, the territories of East India Company was called as the “British Possessions
in India”
2. As per this Act, a joint Government of British India run by the Crown and Company was
established. The government had the ultimate power and authority.
3. A Court of Directors was formed for Commercial Operations and 6 member Board of Control were
appointed for Political affairs as per provisions.
4. Governor General’s Council was reduced from 4 members to 3 members.
5. Governors Councils were established in Bombay and Madras.
 Charter Act of 1813

1. It brought an end to the monopoly of East India Company, over trade with India.
2. Trade with India was opened for all British Citizens with the exception of Tea Trade.

 Charter Act of 1833

1. Governor-General of Bengal became the Governor-General of India.

2. Lord William Bentick was the 1st Governor-General of India.
3. East India Company ended as a mere administrative body, it was no longer a commercial body.
4. The Governor-General was given full control over revenue, civil and military.
5. It was the final step in the Process of Centralization in India, a process that began with the
Regulating Act of 1773.

 Charter Act of 1853

1. Civil Service Examination was introduced. It was a competitive examination for recruitment into
the civil services.
2. Executive and Legislative functions of the Governor-General were separated.
3. This Act provided for the addition of 6 new members to the Legislative Council, 4 members were
appointed by Provisional Governments of Bengal, Bombay, Madras and Agra.
4. As per provisions of this act, Governor General’s Legislative Council came to be known as the
Central Legislative Council.
5. The Central Legislative Council started functioning as a Mini-Parliament. It adopted the same
procedures of the British Parliament.
 Constitutional Development – Rule under the British Crown (1857-1947)
This begins the 2nd phase of the Constitutional development under the British Crown.

 Government of India Act of 1858

1. It passed by British Parliament, brought an end to the rule of East India Company. The powers were
transferred to the British Crown.
2. The Secretary of State for India was given the powers and duties of the former Court of Directors. He
Controlled the Indian Administration through the Viceroy of India.
3. The Secretary of State for India was assisted by the Council of India. This Council had 15 members.
The Council was an advisory body.
4. Governor-General of India was made the Viceroy of India.
5. Lord Canning was the 1st Viceroy of India.

 Indian Council Act of 1861

1. Indians were nominated as non-official members for the 1st time in the Legislative Council of
Viceroy.
2. Legislative Councils were established in Provinces and Centre.
3. Legislative powers of the Provinces of Bombay and Madras were restored.
4. Legislative Councils were started in the Provinces of Punjab, North-Western Frontier Province
(NWFP), Bengal.

 Indian Council Act of 1892

1. The size of the Legislative Council was increased.

2. The Legislative Council was given more power, they had the power to deliberate on the Budget and
could pose questions to the Executive.
3. Indirect elections were introduced for the 1st time.
4. The Principal of Representation was introduced as per provisions given in this act.

 Indian Councils Act, 1909 – Morley Minto Reforms

1. Indian Councils Act of 1909 is commonly known as Morley Minto Reforms.

2. For the 1st time, Direct elections were introduced for the Legislative Councils.
 3. The Central Legislative Council was renamed as the Imperial Legislative Council.
4. The Communal representation system was introduced by giving separate electorate. It was a system
where seats were reserved only for Muslims and only Muslims would be polled.
5. For the first time, Indians were appointed to the Executive Council of Viceroy. Satyendra Sinha was
the law member.

 Government of India Act, 1919 – Montagu Chelmsford Reforms

1. Government of India Act, 1919 was also known as the Montagu Chelmsford reforms.
2. Bicameralism was introduced for the 1st time.
3. Provincial and Central Subjects were separated.
4. Dyarchy, a scheme of Dual Governance was introduced in the Provincial Subjects, it was divided into
Reserved and Transferred. The transferred list included agriculture, health, education, and
supervision of the local government. The Transferred list was given to the Government of Ministers
answerable to Provincial Council. The reserved list included communications, foreign affairs,
defence; this transferred list was under the control of Viceroy.
5. Out of 6 members in Viceroy’s Executive Council, 3 of them were Indians.
6. The Act provided provisions for the establishment of the Public Service Commission in India for the
first time.
7. Communal Representation extended to Christians, Anglo-Indians, Sikhs.
8. The franchise was given to a limited population which was based on people who had taxable income,
had property and paid land revenue of Rs 3000.
9. This made provision for setting up a statutory commission at the end of 10 years to look into the
working of the Government.

 Government of India Act 1935

This was the longest and last constitutional measure introduced by British India. It was the result of
multiple round table conferences and a report by the Simon Commission.

1. Bicameralism was introduced in 6 Provinces (Bengal, Bombay, Madras, Assam, Bihar, United
Provinces) out of 11 provinces.
2. The Legislature in the provinces were enlarged.
3. As per the Act, the powers were divided into Federal List, Provincial List and Concurrent List.
4. Provincial autonomy was introduced in the Provinces by abolishing the Dyarchy.
 5. There was provision for the adoption of Dyarchy at the Centre.
6. Provided provisions for establishing Federal Court, Reserve Bank of India (RBI).
7. There was provision for the establishment of All India Federation consisting of Provinces and the
Princely States as units.
8. Due to the length of this act, it was divided into 2 separate Acts.

 Cripps Mission – 1942

In 1942 Cripps Mission was sent to India under the leadership of Sir Stafford Cripps.
Some of the proposals given by the Cripps Mission are given below.

1. Dominion status would be given to India, after the 2nd World War.
2. Once the Second World War ends, an elected body would be set up in India for framing of Indian
Constitution.
3. The even the Indian States would participate in the Constitution-making body.
4. Almost all the Parties and sections in India rejected the proposals given by this mission

 Cabinet Mission – 1946

Some of the main proposals of the Cabinet Mission plan was

1. The Indian States and British Provinces would combine to form Union of India
2. A Constituent Assembly would be established consisting of 389 members.
3. 14 members from Major political parties would form an interim government
4. A representative body would be formed named as the Constituent Assembly.
5. Until the Constitution was framed, the Constituent Assembly would act as the Dominion
Legislature.
6. Until the Constitution was framed, India would be administered as per the Government of India Act,
1935.

 Mountbatten Plan – Indian Independence Act – 1947

1. British India was partitioned into India and Pakistan with effect from 15th August 1947.
2. Conferred complete legislative authority to the Constituent Assembly.
3. Established Governments in both Provinces and States.
Key Timelines – Constitution of Independent India

1. The Constitution of India was drawn up by the Constituent Assembly. Constituent Assembly took
almost 3 years to complete the task of drafting the Constitution for Independent India.
2. Constituent Assembly met for the first time on Dec. 9, 1946.
3. On 14th August 1947; there was a proposal for the creation of committees.
4. The Drafting Committee was established on 29th August 1947 and the Constituent Assembly starts
the process of writing the Constitution
5. Dr Rajendra Prasad as the President prepared the Draft of the new constitution of Independent India
in February 1948.
6. The Constitution was adopted on Nov. 26, 1949
7. The Constitution came into effect on Jan. 26,1950, making India a Republic.
8. On that day, the Assembly ceased to exist, transforming itself into the Provisional Parliament of India
until a new Parliament was constituted in 1952.
9. It is the longest written constitution in the world containing 395 Articles and 12 Schedules.
10. The BJP led Government declared 26 November as Constitution Day on 19 November 2015 by a
gazette notification.

List of Borrowed Features of Indian Constitution:

Name of Countries Borrowed Features of the Constitution

1. Parliamentary government
2. Rule of Law
3. Legislative procedure
4. Single citizenship
5. Cabinet system
6. Prerogative writs
7. Parliamentary privileges
8. Bicameralism

Ireland 1. Directive Principles of State Policy

2. Method of Election of the president
3. Members nomination to the Rajya Sabha by the President

United States of 1. Impeachment of the president

America 2. Functions of president and vice-president
3. Removal of Supreme Court and High court judges
4. Fundamental Rights
5. Judicial review
6. Independence of judiciary
7. The preamble of the constitution

Canada 1. Centrifugal form of federalism where the centre is stronger than

the states.
2. Residuary powers vest with the centre
3. Centre appoints the Governors at the states
4. Advisory jurisdiction of the supreme court

Australia 1. Concept of Concurrent list

2. Article 108 i.e. Joint sitting of the two houses
3. Freedom of trade and commerce

USSR (Now Russia) 1. Fundamental duties

2. The ideals of justice (social, economic, and political), expressed
in the Preamble.

France 1. Concept of “Republic”

2. Ideals of Liberty, Equality, and Fraternity(contained in the
Preamble)

Germany 1. Fundamental Rights are suspended during Emergency

Government of India Act of 1935

1. The Government of India Act contributed the following to the Constitution of India:
i. Federal Scheme
ii. Office of the governor
iii. Judiciary
iv. Public Service Commissions
v. Emergency provisions
vi. Administrative details

Salient Features of Indian Constitution

Before making the present Constitution, the framers examined Constitutions of various countries of the world
and also the working of the Government of India Act, 1935. They liberally borrowed appropriate provisions
from Constitutions of many countries of the world. The Constitution so adopted has the following salient
features—

 The Lengthiest Constitution in the World.- Constitutions are classified into written, like the American
Constitution, or unwritten, like the British Constitution. The Constitution of India is the lengthiest of all the
written Constitutions of the world. It is a very comprehensive, elaborate and detailed document.

The Indian Constitution originally consisted of 395 articles divided into 22 Parts and 9 Schedules.
Presently, it consists of a Preamble, about 450 articles divided into 24 Parts and 12 Schedules.

 Parliamentary Form of Government.- The Constitution of India has opted for the British Parliamentary
system of Government rather than American Presidential System of Government. The Parliamentary
system is based on the principle of co-operation and co-ordination between the legislative and executive
organs while the Presidential system is based on the doctrine of separation of powers between the two
organs.
 Unique Blend of Rigidity and Flexibility.- The Constitution of India is neither rigid nor flexible but a
synthesis of both. A rigid Constitution is one that requires a special procedure for its amendment while
flexible Constitution is one that can be amended in the same manner as ordinary laws are made.
 Fundamental Rights.- Part III of the Indian Constitution guarantees six fundamental rights to all the
citizens—

a) Right to Equality (Articles 14-18);

b) Right to Freedom (Articles 19-22);
 c) Right against Exploitation (Articles 23-24);
d) Right to Freedom of Religion (Articles 25-28);
e) Cultural and Educational Rights (Articles 29-30);
f) Right to Constitutional Remedies (Article 32).

The Fundamental Rights are meant for promoting the idea of political democracy. They operate as
limitations on the tyranny of the executive and arbitrary laws of the legislature.

 Directive Principles of State policy.- The Directive Principles of State Policy contained in Part of the
Constitution set out the aims and objectives to be taken by the state in the governance of the country.
According to B.R. Ambedkar “the Directive Principle of State policy is a novel feature of the Indian
Constitution. They can be classified into three broad categories, Socialistic, Gandhian and Liberal-
intellectual.
 Fundamental Duties.- By Forty-second Amendment Act, Part IVA has been added to the Constitution
which enumerates certain fundamental duties of the citizens. Originally, ten duties were enlisted in clause
(a) to (j) of article 51A. Clause (k), which imposes duty on parents/wards has been added by the
Constitution (86th Amendment) Act, 2002.
 A Federation with Strong Centralizing Tendency.- The term ‘federation’ has nowhere been used in the
Constitution. Article 1 describes that India “is a Union of States” which implies two things: Firstly – Indian
federation is not the result of an agreement by the States; and Secondly – no State has the right to secede
from the federation.

The Constitution of India establishes a federal system of Government. It contains all the usual features
of a federation viz., two governments, division of powers, written Constitution, Supremacy of the
Constitution, rigidity of Constitution, independent judiciary and bicameralism.

 Adult Suffrage.- In India every person, male or female, who has obtained the age of 18 years, is entitled to
vote in elections to Parliament or State Legislatures. Originally this age limit was 21 years but after the 61st
Amendment Act, 1988 it was reduced to 18 years.
 An Independent Judiciary.- Independence of Judiciary is essential for impartial adjudication of disputes
between individuals, between Union and State, between Union/State and individuals, between Union and
States or between States inter se. The Supreme Court stands at the top of the integrated judicial system in
the country. Below it, there are High Courts at the State level. This single system of courts enforces both
the Central laws as well as the States laws.The Supreme Court of India is a federal court, the highest court
of appeal, the guarantor of the fundamental rights of the citizens and the guardian of the Constitution.
 A Secular State.-The Constitution of India stands for a secular State. Hence, it does not uphold any
particular religion as the official religion of the Indian State. The term ‘Secular’ was added to the Preamble
of the Indian Constitution by the 42nd Amendment Act, 1976. Articles 25-28 of the Constitution give
concrete shape to this concept of secularism.
 Single Citizenship.- In most of the federation, people have double citizenship, citizenship of the Union and
citizenship of one of the several States which form the Union. Every citizen is the citizen of India and
enjoys the same rights of citizenship no matter in which State he resides.
 Separation of Powers.-This doctrine was for the first time properly formulated by the famous Jurist
Montesquieu in his Escript Des Lois and exercised great influence on the French legal system. Doctrine of
separation of powers implies that powers of the three organs of the government viz., Legislative, Executive
and Judiciary should be kept separate from each other.

Schedules in Indian Constitution

List of 12 Schedules of the Indian Constitution

Here is the list of 12 schedules of the Indian Constitution for UPSC.

Schedule Subject Dealt Articles
Covered
First Schedule o Part-1: The Union and its Territories Article 1
o Lists the States name and their territorial
Article 4
jurisdiction
o Lists the Union territories name and their territorial
extent.

Second Schedule It deals with the provisions relating to the emoluments,

allowances and privileges of:
Article 59
o The President of India
Article 65
o The Governors
o The Speaker and The Deputy Speaker of Lok
Article 75
Sabha
o The Chairman and the Deputy Chairman of Rajya Article 97
Sabha
Article 125
o The Speaker and the Deputy Speaker of the State
Legislative Assemblies Article 148
o The Chairman and the Deputy Chairman of the
State Legislative Assemblies Article 158
o The Judges of the Supreme Court
Article 164
o The Judges of the High Court
o The Comptroller and Auditor General of India Article 186

Article 221
Third Schedule It consists of the forms of oath or affirmations for: Article 75

o The Union Ministers Article 84

o The Candidates of Parliamentary elections
Article 99
o Members of the Parliament
o The Judges of the Supreme Court Article 124
o The Comptroller and Auditor General of India
o The State Ministers Article 146
o The Candidates of State Legislature elections
Article 173
o Members of the State Legislature
o The Judges of the High Court Article 188

Article 219
 The Preamble

The Preamble means introduction or preface of the Constitution. It is based on the Objective Resolutions
drafted and moved by Pt. Jawaharlal Nehru and adopted by Constituent Assemblies.

Preamble of India:-

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN
DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Important Provisions Of the Indian Constitution

 The Union and its Territories

Part I of Indian Constitution is titled The Union and its Territory. It includes articles from 1- 4. Part I is a
compilation of laws pertaining to the constitution of India as a country and the union of states that it is
made of.

This part of the constitution contains the law in the establishment, renaming, merging or altering the borders of
the states. Articles under Part I were invoked when West Bengal was renamed, and for formation of relatively
new states such as Jharkhand ,Chattisgarh or Telengana.

 Article 1 : Name and territory of the Union

1) India, that is Bharat, shall be a Union of States.

2) The States and the territories thereof shall be as specified in the First Schedule.
3) The territory of India shall comprise –
(a) the territories of the States;
 (b) the Union territories specified in the First Schedule; and
(c) such other territories as may be acquired.

 Article 2 : Admission or establishment of new States

Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it
thinks fit.

Article 2a : Sikkim to be associated with the Union

 Article 3 : Formation of new States and alteration of areas, boundaries or names of existing States

Parliament may by law –

(a) form a new State by separation of territory from any State or by uniting two or more States or parts
of States or by uniting any territory to a part of any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State:
Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the
recommendation of the President and unless, where the proposal contained in the Bill affects the area,
boundaries or name of any of the States, the Bill has been referred by the President to the Legislature of that
State for expressing its views thereon within such period as may be specified in the reference or within such
further period as the President may allow and the period so specified or allowed has expired.

Explanation I: In this article, in clauses (a) to (e), “State” includes a Union territory, but in the proviso, “State”
does not include a Union territory.
Explanation II: The power conferred on Parliament by clause (a) includes the power to form a new State or
Union territory by uniting a part of any other State or Union territory to any other State of Union territory.

 Article 4 : Laws made under articles 2 and 3 to provide for the amendment of the First and the
Fourth Schedule and supplemental, incidental and consequential matters

1. Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First
Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and
may also contain such supplemental, incidental and consequential provisions (including provisions as to
 representation in Parliament and in the Legislature or Legislatures of the State or States affected by such
law) as Parliament may deem necessary.
2. No such law as aforesaid shall be deemed to be in amendment of this Constitution for the purpose of
article 368.

Citizenship in India

Citizenship is the status of a person recognized under law as being a legal member of a sovereign state
or belonging to a nation. In India, Articles 5 – 11 of the Constitution deals with the concept of
citizenship. The term citizenship entails the enjoyment of full membership of any State in which
a citizen has civil and political rights..

 Article 5: Citizenship at the commencement of the Constitution

This article talks about citizenship for people at the commencement of the Constitution, i.e. 26th January 1950.
Under this, citizenship is conferred upon those persons who have their domicile in Indian territory and –

1. Who was born in Indian territory; or

2. Whose either parent was born in Indian territory; or
3. Who has ordinarily been a resident of India for not less than 5 years immediately preceding the
commencement of the Constitution.

 Article 6: Citizenship of certain persons who have migrated from Pakistan

Any person who has migrated from Pakistan shall be a citizen of India at the time of the commencement of the
Constitution if –

1. He or either of his parents or any of his grandparents was born in India as given in the
Government of India Act of 1935; and
 2. (a) in case such a person has migrated before July 19th, 1948 and has been ordinarily resident in
India since his migration, or

(b) in case such as a person has migrated after July 19th, 1948 and he has been registered as a
citizen of India by an officer appointed in that behalf by the government of the
Dominion of India on an application made by him thereof to such an officer before the
commencement of the Constitution, provided that no person shall be so registered unless
he has been resident in India for at least 6 months immediately preceding the date of his
application.

 Article 7: Citizenship of certain migrants to Pakistan

This article deals with the rights of people who had migrated to Pakistan after March 1, 1947, but
subsequently returned to India.

 Article 8: Citizenship of certain persons of Indian origin residing outside India

This article deals with the rights of people of Indian origin residing outside India for purposes of
employment, marriage, and education.

 Article 9

People voluntarily acquiring citizenship of a foreign country will not be citizens of India.

 Article 10

Any person who is considered a citizen of India under any of the provisions of this Part shall continue to
be citizens and will also be subject to any law made by the Parliament.

 Article 11: Parliament to regulate the right of citizenship by law

The Parliament has the right to make any provision concerning the acquisition and termination of
citizenship and any other matter relating to citizenship.

Citizenship of India constitutional provisions

 Citizenship in India is governed by Articles 5 – 11 (Part II) of the Constitution.

 The Citizenship Act, 1955 is the legislation dealing with citizenship. This has been amended by the
Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship
(Amendment) Act 2003, and the Citizenship (Amendment) Act, 2005.
 Nationality in India mostly follows the jus sanguinis (citizenship by right of blood) and not jus soli
(citizenship by right of birth within the territory).

Citizenship Act, 1955

Citizenship of India can be acquired in the following ways:

1. Citizenship at the commencement of the Constitution

2. Citizenship by birth
3. Citizenship by descent
4. Citizenship by registration
5. Citizenship by naturalization
6. By incorporation of territory (by the Government of India)

 People who were domiciled in India as on 26th November 1949 automatically became citizens of India
by virtue of citizenship at the commencement of the Constitution.
 Persons who were born in India on or after 26th January 1950 but before 1st July 1987 are Indian
citizens.
 A person born after 1st July 1987 is an Indian citizen if either of the parents was a citizen of India at the
time of birth.
 Persons born after 3rd December 2004 are Indian citizens if both parents are Indian citizens or if one
parent is an Indian citizen and the other is not an illegal migrant at the time of birth.
 Citizenship by birth is not applicable for children of foreign diplomatic personnel and those of enemy
aliens.

Termination of Indian Citizenship

Termination of citizenship is possible in three ways according to the Act:

1. Renunciation: If any citizen of India who is also a national of another country renounces his Indian
citizenship through a declaration in the prescribed manner, he ceases to be an Indian citizen. When a
male person ceases to be a citizen of India, every minor child of his also ceases to be a citizen of India.
However, such a child may within one year after attaining full age become an Indian citizen by making a
declaration of his intention to resume Indian citizenship.
2. Termination: Indian citizenship can be terminated if a citizen knowingly or voluntarily adopts the
citizenship of any foreign country.
3. Deprivation: The government of India can deprive a person of his citizenship in some cases. But this is
not applicable for all citizens. It is applicable only in the case of citizens who have acquired the
citizenship by registration, naturalization, or only by Article 5 Clause (c) (which is citizenship at
commencement for a domicile in India and who has ordinarily been a resident of India for not less than
5 years immediately preceding the commencement of the Constitution).

Persons of Indian Origin (PIO) Card

A person would be eligible for the PIO card if he:

1. Is a person of Indian origin and is a citizen of any country except Pakistan, Sri Lanka, Nepal,
Bangladesh, Bhutan, China or Afghanistan, or
2. Has held an Indian passport at any other time or is the spouse of a citizen of India or a person of Indian
origin.
PIO cardholders can enter India with the multiple entry feature for fifteen years. They do not need a
separate visa.

Overseas Citizen of India (OCI) Card

 OCI Card is for foreign nationals who were eligible for Indian citizenship on 26th January 1950 or was
an Indian citizen on or after that date.
 Citizens of Pakistan and Bangladesh are not eligible for OCI Card. An OCI cardholder does not have
voting rights.
 OCI is not dual citizenship. OCI cardholders are not Indian citizens.
 The OCI Card is a multipurpose, multiple entry lifelong visa for visiting India.
 Persons with OCI Cards have equal rights as NRIs in terms of financial, educational, and economic
matters. But they cannot acquire agricultural land in India.
Fundamental Rights - Articles 12-35
Articles 12-35 of the Indian Constitution deal with Fundamental Rights. These human rights are
conferred upon the citizens of India and the Constitution tells that these rights are inviolable. Right to
Life, Right to Dignity, Right to Education, etc. all come under one of the six main fundamental rights.

There are six fundamental rights in the Indian Constitution. They are mentioned below along with the
constitutional articles related to them:

1. Right to Equality (Article 14-18)

 2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)

Why Right to Property is not a Fundamental Right?

There was one more fundamental right in the Indian Constitution, i.e., the right to property.

However, this right was removed from the list of fundamental rights by the 44th Constitutional
Amendment.

This was because this right proved to be a hindrance towards attaining the goal of socialism and
redistributing wealth (property) equitably among the people.

1. Right to Equality (Articles 14 – 18)

The right to equality is one of the important fundamental rights of the Indian Constitution that
guarantees equal rights for everyone, irrespective of religion, gender, caste, race or place of birth. It
ensures equal employment opportunities in the government and insures against discrimination by the
State in matters of employment on the basis of caste, religion, etc. This right also includes the abolition
of titles as well as untouchability.

2. Right to Freedom (Articles 19 – 22)

Freedom is one of the most important ideals cherished by any democratic society. The Indian
Constitution guarantees freedom to citizens. The freedom right includes many rights such as:

 Freedom of speech
 Freedom of expression
 Freedom of assembly without arms
 Freedom of association
 Freedom to practise any profession
 Freedom to reside in any part of the country
Some of these rights are subject to certain conditions of state security, public morality and decency and friendly
relations with foreign countries. This means that the State has the right to impose reasonable restrictions on
them.

3. Right against Exploitation (Articles 23 – 24)

This right implies the prohibition of traffic in human beings, begar, and other forms of forced labour. It
also implies the prohibition of employment of children in factories, etc. The Constitution prohibits the
employment of children under 14 years in hazardous conditions.

4. Right to Freedom of Religion (Articles 25 – 28)

This indicates the secular nature of Indian polity. There is equal respect given to all religions. There is
freedom of conscience, profession, practice and propagation of religion. The State has no official
religion. Every person has the right to freely practice his or her faith, and establish and maintain
religious and charitable institutions.

5. Cultural and Educational Rights (Articles 29 – 30)

These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to
preserve their heritage and culture. Educational rights are for ensuring education for everyone without
any discrimination.

6. Right to Constitutional Remedies (32 – 35)

The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government
cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can
approach the courts. Citizens can even go directly to the Supreme Court which can issue writs for
enforcing fundamental rights.

Features of Fundamental Rights

 Fundamental rights are different from ordinary legal rights in the manner in which they are enforced. If a
legal right is violated, the aggrieved person cannot directly approach the SC bypassing the lower courts.
He or she should first approach the lower courts.
 Some of the fundamental rights are available to all citizens while the rest are for all persons (citizens and
foreigners).
  Fundamental rights are not absolute rights. They have reasonable restrictions, which means they are
subject to the conditions of state security, public morality and decency and friendly relations with
foreign countries.
 They are justiciable, implying they are enforceable by courts. People can approach the SC directly in
case of violation of fundamental rights.
 Fundamental rights can be amended by the Parliament by a constitutional amendment but only if the
amendment does not alter the basic structure of the Constitution.
 The Fundamental Rights of the Indian Constitution can be suspended during a national emergency. But,
the rights guaranteed under Articles 20 and 21 cannot be suspended.
 The application of fundamental rights can be restricted in an area that has been placed under martial law
or military rule.

Fundamental Rights Available Only to Citizens

The following is the list of fundamental rights in the Indian constitution that are available only to
citizens (and not to foreigners):

1. Prohibition of discrimination on grounds of race, religion, caste, gender or place of birth (Article 15).
2. Equality of opportunity in matters of public employment (Article 16).
3. Protection of freedom of: (Article 19)

 Speech and expression

 Association
 Assembly
 Movement
 Residence
 Profession
Protection of the culture, language and script of minorities (Article 29).
Right of minorities to establish and administer educational institutions (Article 30).

Importance of Fundamental Rights

Fundamental rights are very important because they are like the backbone of the country. They are essential for
safeguarding the people’s interests.
According to Article 13, all laws that are violative of fundamental rights shall be void. Here, there is an express
provision for judicial review. The SC and the High Courts can declare any law unconstitutional on the grounds
that it is violative of fundamental rights. Article 13 talks about not just laws, but also ordinances, orders,
regulations, notifications, etc.

Amendability of Fundamental Rights

 Any changes to fundamental rights require a constitutional amendment that should be passed by both the
Houses of Parliament. The amendment bill should be passed by a special majority of Parliament.

As per the Constitution, Article 13(2) states that no laws can be made that take away fundamental rights.

The question is whether a constitutional amendment act can be termed law or not.

In the Sajjan Singh case of 1965, the Supreme Court held that the Parliament can amend any part of the
Constitution including fundamental rights.

But in 1967, the SC reversed its stance taken earlier when in the verdict of the Golaknath case, it said
that the fundamental rights cannot be amended.

In 1973, a landmark judgement ensued in the Kesavananda Bharati case, where the SC held that
although no part of the Constitution, including Fundamental Rights, was beyond the Parliament’s
amending power, the “basic structure of the Constitution could not be abrogated even by a constitutional
amendment.”

This is the basis in Indian law in which the judiciary can strike down any amendment passed by
Parliament that is in conflict with the basic structure of the Constitution.

In 1981, the Supreme Court reiterated the Basic Structure doctrine.

It also drew a line of demarcation as April 24th, 1973 i.e., the date of the Kesavananda Bharati
judgement, and held that it should not be applied retrospectively to reopen the validity of any
amendment to the Constitution which took place prior to that date.

Doctrine of Severability
This is a doctrine that protects the fundamental rights enshrined in the Constitution.

 It is also known as the Doctrine of Separability.

 It is mentioned in Article 13, according to which all laws that were enforced in India before the
commencement of the Constitution, inconsistent with the provisions of fundamental rights shall to the
extent of that inconsistency be void.
 This implies that only the parts of the statute that are inconsistent shall be deemed void and not the
whole statute. Only those provisions which are inconsistent with fundamental rights shall be void.

Doctrine of Eclipse

 This doctrine states that any law that violates fundamental rights is not null or void ab initio, but is only
non-enforceable, i.e., it is not dead but inactive.
 This implies that whenever a fundamental right (which was violated by the law) is struck down, the law
becomes active again (is revived).
 Another point to note is that the doctrine of eclipse applies only to pre-constitutional laws (laws that
were enacted before the Constitution came into force) and not to post-constitutional laws.
 This means that any post-constitutional law which is violative of a fundamental right is void ab initio.

Difference between Fundamental Rights and Duties

Fundamental Rights are the rights available to the people of this country, while Fundamental Duties are
the obligations on the part of the citizens. Fundamental Duties were added to the Indian Constitution by
the 42nd Constitution Amendment Act 1976 by the Indira Gandhi Government.

Fundamental rights and duties are two important concepts of the Indian Constitution. While fundamental
rights are the entitlements that individuals possess by virtue of being citizens of a particular
country, fundamental duties are the responsibilities that citizens have towards their country and fellow
citizens. Here are some key differences between the two:

1. Nature: Fundamental rights are legal rights that are enshrined in the constitution of a country. These
rights are meant to protect the interests of individuals and provide them with a sense of security and
equality. On the other hand, fundamental duties are moral and ethical obligations expected of citizens
towards their country and fellow citizens.
2. Enforcement: Fundamental rights are enforceable through the courts of law. If an individual’s
fundamental rights are violated, they can seek legal recourse and the courts can provide appropriate
 remedies. However, fundamental duties are not enforceable in the same way. While citizens are
expected to fulfil their fundamental duties, there are no legal sanctions if they fail to do so.
3. Goal: The focus of fundamental rights is on protecting the interests of individuals and ensuring their
well-being. Fundamental duties, on the other hand, are focused on promoting the collective good and
ensuring that citizens contribute to the welfare of their country.
Directive Principles of State Policy

The Sapru Committee in 1945 suggested two categories of individual rights. One being justiciable and
the other being non-justiciable rights. The justiciable rights, as we know, are the Fundamental rights,
whereas the non-justiciable ones are the Directive Principles of State Policy.

DPSP are ideals which are meant to be kept in mind by the state when it formulates policies and enacts
laws. There are various definitions to Directive Principles of State which are given below:

 They are an ‘instrument of instructions’ which are enumerated in the Government of India Act, 1935.
 They seek to establish economic and social democracy in the country.
 DPSPs are ideals which are not legally enforceable by the courts for their violation.
Indian Constitution has not originally classified DPSPs but on the basis of their content and direction,
they are usually classified into three types-

 Socialistic Principles,
 Gandhian Principles and,
 Liberal-Intellectual Principles.
The details of the three types of DPSPs are given below:
DPSP – Socialistic Principles

Definition: They are the principles that aim at providing social and economic justice
and set the path towards the welfare state. Under various articles, they direct the state
to:

Article 38 Promote the welfare of the people by securing a social order through
justice—social, economic and political—and to minimize inequalities in
income, status, facilities and opportunities
DPSP – Gandhian Principles

Article 39 Secure citizens:

Definition: These principles are based on Gandhian ideology used to represent the
 Right to adequate means of livelihood for all citizens
programme of reconstruction enunciated by Gandhi during the national movement.
DPSP various
Under  Equitable
– Liberal-Intellectual
articles, distribution
the state to:of material resources of the community
Principles
they direct
for the common good
Definition: Theseprinciples reflect
Prevention the ideology of
of concentration of liberalism.
wealth andUnder
meansvarious articles,
of production
Article 40 Organize
they direct the state to: village panchayats and endow them with necessary
 Equal pay for equal work for men and women
powers and authority to enable them to function as units of self-
 Preservation of the health and strength of workers and children
Article 44 Securegovernment
for all citizens a uniform civil code throughout the country
against forcible abuse
Article
Article 43 Promote
45 Provide cottage industries
Opportunities
early childhood forcare on education
the healthy
and andevelopment
individual
for or
allofco-operation basis
children until
children in
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Article 39A complete
Promotethe agejustice
equal of sixandyears. (Note:
free legal aid 86th
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poor Act of 2002
changed the subject matter of this article and made elementary education
Article 41 In cases of unemployment, old age, sickness and disablement, secure
Article 43B a fundamental
Promote right under formation,
voluntary Article 21 A.)
autonomous functioning, democratic
citizens:
control and professional management of co-operative societies
Article 48 Organize agriculture and animal husbandry on modern and scientific lines
 Right to work

Article 46 Right the

Promote to education
educational and economic interests of SCs, STs, and
other
Article 49 Protect weaker
Right sections
to public
monuments, ofand
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assistance
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andartistic
to protect
or them from
historic social
interest
injustice and exploitation
Article 42 which
Makeare declared
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for justofand
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humaneimportance
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relief

Article
Article 43 Secure athe
50 Separate living wage, from
judiciary a decent
the standard
executiveofinliving and social
the public and cultural
services of the
opportunities
Article 47 State forconsumption
Prohibit the all workers of intoxicating drinks and drugs which are
injurious to health
Article 43A
Article 51 Take steps to secure the participation of workers in the management of
 Promote international peace and security and maintain just and
industries
honourable relations between nations
Article 48 Prohibit the slaughter of cows, calves and other milch and draught
Article 47  Foster
Raise respect
the and
level for international law and treaty obligations
cattle toofimprove
nutrition andbreeds
their the standard of living of people and to
improve public health
 Encourage settlement of international disputes by arbitration
What are the new DPSPs added by the 42nd Amendment Act, 1976?

42nd Amendment Act, 1976 added four new Directive Principles in the list:

S.No Article New DPSPs

1 Article 39 To secure opportunities for the healthy development of children

2 Article To promote equal justice and to provide free legal aid to the poor
39A

3 Article To take steps to secure the participation of workers in the

43A management of industries

4 Article To protect and improve the environment and to safeguard forests

48A and wildlife

Facts about Directive Principles of State Policy:

1. A new DPSP under Article 38 was added by the 44th Amendment Act of 1978, which requires the State
to minimise inequalities in income, status, facilities and opportunities.
2. The 86th Amendment Act of 2002 changed the subject-matter of Article 45 and made elementary
education a fundamental right under Article 21A. The amended directive requires the State to provide
early childhood care and education for all children until they complete the age of 14 years.
3. A new DPSP under Article 43B was added by the 97th Amendment Act of 2011 relating to co-operative
societies. It requires the state to promote voluntary formation, autonomous functioning, democratic
control and professional management of co-operative societies.
4. The Indian Constitution under Article 37 makes it clear that ‘DPSPs are fundamental in the governance
of the country and it shall be the duty of the state to apply these principles in making laws.’

Criticism of Directive Principles of State Policy

As a point of debate, the following reasons are stated for the criticism of Directive Principles of State
Policy:

1. It has no legal force

2. It is illogically arranged
3. It is conservative in nature
4. It may produce constitutional conflict between centre and state
Fundamental Duties

The fundamental duties which were added by the 42nd Amendment Act of the Constitution in 1976, in
addition to creating and promoting culture, also strengthen the hands of the legislature in enforcing these
duties vis-a-vis the fundamental rights.

The list of 11 Fundamental Duties under Article 51-A to be obeyed by every Indian citizen is given in
the table below:

S.No 11 Fundamental Duties

1. Abide by the Indian Constitution and respect its ideals and institutions, the
National Flag and the National Anthem

2. Cherish and follow the noble ideals that inspired the national struggle for
freedom

3. Uphold and protect the sovereignty, unity and integrity of India

4. Defend the country and render national service when called upon to do so

5. Promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic and regional or sectional
diversities and to renounce practices derogatory to the dignity of women

6. Value and preserve the rich heritage of the country’s composite culture

7. Protect and improve the natural environment including forests, lakes, rivers
and wildlife and to have compassion for living creatures

8. Develop scientific temper, humanism and the spirit of inquiry and reform

9. Safeguard public property and to abjure violence

10. Strive towards excellence in all spheres of individual and collective activity
so that the nation constantly rises to higher levels of endeavour and
 achievement

11. Provide opportunities for education to his child or ward between the age of
six and fourteen years. (This duty was added by the 86th Constitutional
Amendment Act, 2002)

Importance of Fundamental Duties – Part IV-A

Fundamental Duties are an inalienable part of fundamental rights. The importance of these are given in
the table below:

S.No Importance of Fundamental Duties

1. They remind Indian Citizens of their duty towards their society, fellow
citizens and the nation

2. They warn citizens against anti-national and anti-social activities

3. They inspire citizens & promote a sense of discipline and commitment

among them

4. They help the courts in examining and determining the constitutional validity
of a law

Criticism of Fundamental Duties

The Fundamental Duties mentioned in Part IVA of the Constitution have been criticized on the
following grounds:

 They have been described by critics as a code of moral precepts due to their non-justiciable character.
Their inclusion in the Constitution was described by the critics as superfluous. This is because the duties
included in the Constitution as fundamental would be performed by the people even though they were
not incorporated into the Constitution.
 Some of the duties are vague, ambiguous and difficult to be understood by the common man.
 The list of duties is not exhaustive as it does not cover other important duties like casting votes, paying
taxes, family planning and so on. In fact, the duty to pay taxes was recommended by the Swaran Singh
Committee.
  The critics said that the inclusion of fundamental duties as an appendage to Part IV of the Constitution
has reduced their value and significance. They should have been added after Part III so as to keep them
on par with Fundamental Rights.
 Swaran Singh’s Committee recommended more than 10 Fundamental Duties, however, not all were
included in the Constitution. Those duties recommended by the committee which were not accepted
were:
1. Citizens to be penalized/punished by the parliament for any non-compliance with or refusal to
observe any of the duties.
2. The punishments/penalties decided by the Parliament shall not be called in question in any court
on the ground of infringement of any of Fundamental Rights or on the ground of repugnancy to
any other provision of the Constitution.
3. Duty to pay taxes.
THE UNION EXECUTIVE

The Union Executive is the executive arm of the Government of India. It is responsible for carrying out
the laws and policies of the government. The Union Executive is headed by the President of
India, who is assisted by the Prime Minister and the Council of Ministers.

About Union Executive

The Union Executive refers to the branch of the Indian government responsible for the implementation
and administration of laws. It consists of the President, the Prime Minister, and the Council of
Ministers. The Union Executive holds the executive power and plays a crucial role in the governance of the
country.

Composition of Union Executive

President

The President is the nominal executive of India. The qualifications for the President include being a
citizen of India, at least 35 years of age, possessing qualifications similar to members of the Lok
Sabha, and being of sound mind. The President performs legislative and executive functions and acts as
the head of the state.
 Council of Ministers

The Council of Ministers is headed by the Prime Minister and consists of ministers who are responsible
for various government departments. The Prime Minister is the real executive of India and is
usually the leader of the political party with the majority in the Lok Sabha. The Council of Ministers
aids the Prime Minister in decision-making and policy implementation.

The President

The President of India is the nominal executive and the head of the state. The President is elected by an
electoral college. It consists of the elected members of both houses of Parliament and the state
legislative assemblies. The President's role includes appointing the Prime Minister, the Council
of Ministers, and other high-ranking officials. The President also has the power to grant pardons,
commute sentences, and dissolve the Lok Sabha.

Term and election of President

o The term of the President is five years.

o He is not directly elected by the people.
o The election is done by the Members of the Legislative Assembly and Members of Parliament.
o This election follows the principle of proportional representation and a Single Transferable Vote system.

Removal of the President

o The President can be removed only by the Parliament.

o This process is known as impeachment.
o Impeachment requires a special majority in the parliament.

Powers of the President

o The Executive power of the Union resides formally with the President.
o The President is also provided with legislative, judicial and emergency powers.
o These powers are exercised by the President through the Council of Ministers headed by the Prime
Minister.
o In many cases, the President has to follow the advice of the Council of Ministers.
o The President has a right to be informed of all important matters and decisions of the Council of
Ministers.
o The Prime Minister is obliged to the President to furnish all the information asked by him.

Limitations to these powers

o The President can deny the advice of the Council of Ministers or ask them to reconsider their decisions.
o The President is bound to consider the advice if the Council sends back the same advice.
o The President has veto power by which he can refuse or withhold the bills passed by the parliament.
o It is also referred to as a ‘pocket veto’ as the President can informally keep the bill pending without any
time limit.
o This veto power cannot be used over money bills.
o The President has to give assent to the bill if the same bill is passed by the parliament again and sent to
the President.
o The President also has an important role in appointing the Prime Minister when there is no clear
majority of a political party in the parliament.
o He also has the power to dissolve Lok Sabha when there is no majority in the house.
o This power can only be used in certain political circumstances when the governments are not stable and
coalitions are formed.

Vice President

The Vice President of India is the second-highest constitutional position in the country. The Vice
President is elected by an electoral college consisting of members of both houses of Parliament. The
Vice President presides over the Rajya Sabha (Upper House of Parliament). He performs various
functions when the President is unable to discharge their duties. The Vice President also plays a crucial
role in maintaining the smooth functioning of the Parliament. He acts as a bridge between the
government and the legislature.

Prime Minister
 The Prime Minister is the most important functionary in the government of our country. The Prime
Minister is the head that advises the President. It is both the need and outcome that the Prime Minister
has the support of the Majority in Lok Sabha.

Qualifications

o Must be a citizen of India.

o Must be a member of either of the Houses of the Parliament, i.e. The Lok Sabha and The Rajya Sabha.
o Should complete 25 years of age if he is a member of the Lok Sabha and 30 years of age if he is a
member of the Rajya Sabha.

Appointment and termination of Prime Minister

o The leader of a party having a majority in the Lok Sabha is appointed by the President as the Prime
Minister.
o In cases of coalition, the most accepted leader is appointed as Prime Minister.
o The Prime Minister loses his office at the moment when the majority is lost in Lok Sabha.

Duties of Prime Minister

o Appointment of council of ministers.

o Make crucial decisions and policies of the government.
o Communicate all decisions made by the Council of Ministers (related to administration and proposals
for legislation) to the President.
o Act as a link between the Council of Ministers, Parliament and the President.
o Act as a negotiator in coalition governments on policy making.

India has a parliamentary system of government. The Union Parliament is the supreme legislative body in
the country.
o The Indian Parliament is a bicameral legislature consisting of two houses – the Lok Sabha and the Rajya
Sabha. The members of the Lok Sabha (House of the People) are directly elected by the people through
the voting process. The members of the Rajya Sabha (Council of States) are elected by the members of
the states’ legislative assemblies. The Parliament consists of the two Houses and the President of India.

The functions of the Parliament are mentioned in the Indian Constitution in Chapter II of Part V. The
functions of the Parliament can be classified under several heads. They are discussed below:

Legislative Functions

 The Parliament legislates on all matters mentioned in the Union List and the Concurrent List.
 In the case of the Concurrent List, where the state legislatures and the Parliament have joint jurisdiction,
the union law will prevail over the states unless the state law had received the earlier presidential assent.
However, the Parliament can any time, enact a law adding to, amending, varying or repealing a law
made by a state legislature.
 The Parliament can also pass laws on items in the State List under the following circumstances:

 If Emergency is in operation, or any state is placed under President’s Rule (Article 356), the
Parliament can enact laws on items in the State List as well.
 As per Article 249, the Parliament can make laws on items in the State List if the Rajya Sabha
passes a resolution by ⅔ majority of its members present and voting, that it is necessary for the
Parliament to make laws on any item enumerated in the State List, in the national interest.
 As per Article 253, it can pass laws on the State List items if it is required for the
implementation of international agreements or treaties with foreign powers.
 According to Article 252, if the legislatures of two or more states pass a resolution to the effect
that it is desirable to have a parliamentary law on any item listed in the State List, the Parliament
can make laws for those states.
Executive Functions (Control over the Executive)

In the parliamentary form of government, the executive is responsible to the legislature. Hence, the
Parliament exercises control over the executive by several measures.

 By a vote of no-confidence, the Parliament can remove the Cabinet (executive) out of power. It can
reject a budget proposal or any other bill brought by the Cabinet. A motion of no-confidence is passed to
remove a government from office.
  The MPs (Members of Parliament) can ask questions to the ministers on their ommissions and
commissions. Any lapses on the part of the government can be exposed in the Parliament.
 Adjournment Motion: Allowed only in the Lok Sabha, the chief objective of the adjournment motion is
to draw the attention of the Parliament to any recent issue of urgent public interest. It is considered an
extraordinary tool in Parliament as the normal business is affected.
 The Parliament appoints a Committee on Ministerial Assurances that sees whether the promises made
by the ministers to the Parliament are fulfilled or not.
 Censure Motion: A censure motion is moved by the opposition party members in the House to strongly
disapprove any policy of the government. It can be moved only in the Lok Sabha. Immediately after a
censure motion is passed, the government has to seek the confidence of the House. Unlike in the case of
the no-confidence motion, the Council of Ministers need not resign if the censure motion is passed.
 Cut Motion: A cut motion is used to oppose any demand in the financial bill brought by the
government.
Financial Functions

Parliament is the ultimate authority when it comes to finances. The Executive cannot spend a single pie
without parliamentary approval.

 The Union Budget prepared by the Cabinet is submitted for approval by the Parliament. All proposals to
impose taxes should also be approved by the Parliament.
 There are two standing committees (Public Accounts Committee and Estimates Committee) of the
Parliament to keep a check on how the executive spends the money granted to it by the legislature.

Amending Powers

The Parliament has the power to amend the Constitution of India. Both Houses of the Parliament have
equal powers as far as amending the Constitution is concerned. Amendments will have to be
passed in both the Lok Sabha and the Rajya Sabha for them to be effective.

Electoral Functions
 The Parliament takes part in the election of the President and the Vice President. The electoral college
that elects the President comprises of, among others, the elected members of both Houses. The
President can be removed by a resolution passed by the Rajya Sabha agreed to by the Lok Sabha.

Judicial Functions

In case of breach of privilege by members of the House, the Parliament has punitive powers to punish
them. A breach of privilege is when there is an infringement of any of the privileges enjoyed by
the MPs.

 A privilege motion is moved by a member when he feels that a minister or any member has committed a
breach of privilege of the House or one or more of its members by withholding facts of a case or by
giving wrong or distorted facts. Read more on privilege motion.
 In the parliamentary system, legislative privileges are immune to judicial control.
 The power of the Parliament to punish its members is also generally not subject to judicial review.
 Other judicial functions of the Parliament include the power to impeach the President, the Vice
President, the judges of the Supreme Court, High Courts, Auditor-General, etc.
Other powers/functions of the Parliament

 Issues of national and international importance are discussed in the Parliament. The opposition plays an
important role in this regard and ensures that the country is aware of alternate viewpoints.
 A Parliament is sometimes talked of as a ‘nation in miniature’.
 In a democracy, the Parliament plays the vital function of deliberating matters of importance before laws
or resolutions are passed.
 The Parliament has the power to alter, decrease or increase the boundaries of states/UTs.
 The Parliament also functions as an organ of information. The ministers are bound to provide
information in the Houses when demanded by the members.

JUDICIARY

Indian administration is guided by three pillars – Legislature, Executives, and Judiciary. Indian
Judiciary. In India, we have an independent judiciary. The other organs of the government cannot interfere
with the functioning of the judiciary.
 The judiciary is that branch of the government that interprets the law, settles disputes and administers
justice to all citizens. The judiciary is considered the watchdog of democracy, and also the guardian of
the Constitution. For democracy to function effectively, it is imperative to have an impartial and
independent judiciary.

Independent Indian Judiciary

 It means that the other branches of the government, namely, the executive and the legislature, does not
interfere with the judiciary’s functioning.
 The judiciary’s decision is respected and not interfered with by the other organs.
 It also means that judges can perform their duties without fear or favour.
Independence of the judiciary also does not mean that the judiciary functions arbitrarily and without any
accountability. It is accountable to the Constitution of the country.

How Indian Judiciary is granted its independence?

The Constitution provides for a number of provisions that ensure that the independence of the judiciary
is maintained and protected.

Indian Judiciary – Structure

India has a single integrated judicial system. The judiciary in India has a pyramidal structure with the
Supreme Court (SC) at the top. High Courts are below the SC, and below them are the district
and subordinate courts. The lower courts function under the direct superintendence of the higher
courts.

The diagram below gives the structure and organization of the judicial system in the country.
Apart from the above structure, there are also two branches of the legal system, which are:

1. Criminal Law: These deal with the committing of a crime by any citizen/entity. A criminal case starts
when the local police file a crime report. The court finally decides on the matter.
2. Civil Law: These deal with disputes over the violation of the Fundamental Rights of a citizen.
Supreme Court has three types of jurisdictions. They are original, appellate and advisory. The jurisdiction of the
Supreme Court is mentioned in Articles 131, 133, 136 and 143 of the Constitution.

Functions of Indian Judiciary – What is the role of the Judiciary?

The functions of the judiciary in India are:

1. Administration of justice: The chief function of the judiciary is to apply the law to specific cases or in
settling disputes. When a dispute is brought before the courts it ‘determines the facts’ involved through
 evidence presented by the contestants. The law then proceeds to decide what law is applicable to the
case and applies it. If someone is found guilty of violating the law in the course of the trial, the court
will impose a penalty on the guilty person.
2. Creation of judge-case law: In many cases, the judges are not able to, or find it difficult to select the
appropriate law for application. In such cases, the judges decide what the appropriate law is on the basis
of their wisdom and common sense. In doing so, judges have built up a great body of ‘judge-made law’
or ‘case law.’ As per the doctrine of ‘stare decisis’, the previous decisions of judges are generally
regarded as binding on later judges in similar cases.
3. Guardian of the Constitution: The highest court in India, the SC, acts as the guardian of the
Constitution. The conflicts of jurisdiction between the central government and the state governments or
between the legislature and the executive are decided by the court. Any law or executive order which
violates any provision of the constitution is declared unconstitutional or null and void by the judiciary.
This is called ‘judicial review.’ Judicial review has the merit of guaranteeing the fundamental rights of
individuals and ensuring a balance between the union and the units in a federal state.
4. Protector of Fundamental Rights: The judiciary ensures that people’s rights are not trampled upon by
the State or any other agency. The superior courts enforce Fundamental Rights by issuing writs.
5. Supervisory functions: The higher courts also perform the function of supervising the subordinate
courts in India.
6. Advisory functions: The SC in India performs an advisory function as well. It can give its advisory
opinions on constitutional questions. This is done in the absence of disputes and when the executive so
desires.
7. Administrative functions: Some functions of the courts are non-judicial or administrative in nature.
The courts may grant certain licenses, administer the estates (property) of deceased persons and appoint
receivers. They register marriages, appoint guardians of minor children and lunatics.
8. Special role in a federation: In a federal system like India’s, the judiciary also performs the important
task of settling disputes between the centre and states. It also acts as an arbiter of disputes between
states.
9. Conducting judicial inquiries: Judges normally are called to head commissions that enquire into cases
of errors or omissions on the part of public servants.

Indian Judiciary – Civil Courts

Civil courts deal with civil cases. Civil law is referred to in almost all cases other than criminal cases. Criminal
law applies when a crime such as a robbery, murder, arson, etc. is perpetrated.
 Civil law is applied in disputes when one person sues another person or entity. Examples of civil cases
include divorce, eviction, consumer problems, debt or bankruptcy, etc.
 Judges in civil courts and criminal courts have different powers. While a judge in a criminal court can
punish the convicted person by sending him/her to jail, a judge in a civil court can make the guilty pay
fines, etc.
 District Judges sitting in District Courts and Magistrates of Second Class and Civil Judge (Junior
Division) are at the bottom of the judicial hierarchy in India.

 The court of the district judges is the highest civil court in a district.
 It has both administrative and judicial powers.
 The court of the District Judge is in the district HQ.
 It can try criminal and civil cases and hence, the judge is called District and Sessions Judge.
  Under the district courts, there are courts of the Sub-Judge, Additional Sub-Judge and Munsif Courts.
 Most civil cases are filed in the Munsif’s court.
Civil courts have four types of jurisdiction:

 Subject Matter Jurisdiction: It can try cases of a particular type and relate to a particular subject.
 Territorial Jurisdiction: It can try cases within its geographical limit, and not beyond the territory.
 Pecuniary Jurisdiction: Cases related to money matters, suits of monetary value.
 Appellate Jurisdiction: This is the authority of a court to hear appeals or review a case that has already
been decided by a lower court. The Supreme Court and the High Courts have appellate jurisdiction to
hear cases that were decided by a lower court.
CONSTITUTIONAL BODIES

Constitutional bodies derive their powers and authorities from the Constitution of India. They are
mentioned in the Constitution. Since they get their power from the Indian Constitution, any change in
the mechanism of the constitutional bodies would require a constitutional amendment.

List of Constitutional Bodies

The list of constitutional bodies in India along with the article pertaining to it in the Constitution and
other details are given below:

 Attorney General of India

Attorney General

Article in the 76
Constitution

Tenure & Removal Holds office during the pleasure of the President

Further Yes
Appointment

Powers  Privileges of an MP

 Right of an audience in all Indian courts

 Can attend both Lok Sabha and Rajya Sabha but cannot vote
 Comptroller and Auditor General (CAG)

Comptroller & Auditor General of India

Articles 148

Tenure &  Holds the office for six years or 65 years (whichever comes earlier)
removal  Removal is the same as for a judge of the Supreme Court

Further No
appointment

Powers  Audits accounts concerned with the Contingency Fund, the

Consolidated Fund of India and states, and the Public Accounts Fund
of the states and centre.

 Advisory function with respect to accounts to the country’s President

 Election Commission

Election Commission of India

Article 324

Composition CEC/Chief Election Commissioner, Other Election Commissioners

Tenure & Presently for 6 years or 65 years, whichever is earlier

removal

Further Yes
appointment

Powers  Conduct of free and fair elections in India

 Political parties’ registration

 Overseeing elections
  Finance Commission

Finance Commission of India

Article 280

Composition Chairman, Four members

Further Yes
appointment

Powers  Decides the basis for sharing the divisible taxes by the centre and the
states

 Any matter in the interest of sound finance can be referred to the

President

 evaluates the rise in the Consolidated Fund of a state in order to affix

the resources of the state Municipalities and Panchayats

 FC has the powers of a civil court

 National Commission for Scheduled Castes

National Commission for Scheduled Castes

Articles 338

Composition Chairman, Vice-chairman, 3 other members

Tenure & 3 years

removal

Further Yes
appointment

Powers  It is a quasi-judicial body

 Monitoring and reporting about the implementation of constitutional

 safeguards for Scheduled Castes

 It has a civil court’s powers

 National Commission for Scheduled Tribes

National Commission for Scheduled Tribes

Articles 338-A

Composition Chairman, Vice-chairman, 3 other members

Tenure & 3 years

removal

Further Yes
appointment

Powers  It is a quasi-judicial body

 Monitoring and reporting about the implementation of constitutional

safeguards for Scheduled Tribes

 It has a civil court’s powers

 National Commission for Backward Classes

National Commission for Backward Classes

Articles 338-B

Composition Chairman, Vice-chairman, 3 other members

Tenure & 3 years

 removal

Further Yes
appointment

Powers  Examine complaints and welfare measures regarding socially and

educationally backward classes

 It has a civil court’s powers

 Special officer for Linguistic Minorities

Special officer for Linguistic Minorities

Articles 350 B

Composition Commissioner, Deputy Commissioner, Assistant Commissioner

Tenure and Pleasure of the President

removal

Further Yes
appointment

Powers Monitoring and reporting the working of constitutional safeguards for linguistic
minorities

 Union Public Service Commission

Union Public Service Commission

Articles 315 – 323

Composition 9 to 11 members
 Tenure & Presently for 6 years or 65 years (whichever is earlier) whichever is earlier
removal

Further UPSC Chairman is not eligible for a second term. Other members are eligible
Appointment only for an appointment within SPSC and UPSC

Powers Recruitment of All India Services, public services of centrally administered

territories, Central services, advisory powers

 State Public Service Commission

State Public Service Commission

Articles 315 – 323

Tenure & Presently for 6 years or 62 years, whichever is earlier

removal