Constitution of India

(Important Questions and Answers)

01. Explain meaning of the constitutional law Definition of Constitutionalism:
and constitutionalism. The Principle that the authority of government is
Ans : Definition of Constitutional Law : derived from and limited by a constitution. It is the
The body of law that is derived from a nation’s practice of governing within the limits prescribed
constitution. It outlines the fundamental framework by the constitution.
for government operations.
Constitutional law refers to the body of legal Key Components of the Constitutionalism:
principles that define the structure, functions, and a. Rule of Law : All Individuals and Institutions,
powers of a including the government are accountable
Government as outlined in a constitution. It under the law.
establishes the fundamental rights of citizens, the b. Separation of Powers: It ensures that
separation of powers among different branches of governmental power is divided among
government, and the relationship between the state different branches to prevent abuse.
and its people. Constitutional law provides the c) Checks and Balances : It Provides mechanism
legal foundation for governance and ensures that for each branch of government
all laws and government actions Comply with the d) Protection of Rights: Guarantees civil
constitution. liberties and fundamental rights by restricting
arbitrary state actions.
Key Components of the Constitutional law: PURPOSE : To prevent the concentration and
a. Structure of the Government: It defines the abuse of power by ensuring that all government
structures like executives, legislatives, Judicial actions remain subject to constitutional limits.
and their functions.
b. Distribution of Powers: Determines how 02. List out The sources of Indian Constitution.
authorities distributed the powers between Ans : The constitution has many borrowed features. The
central, state and local governments. Country’s founding fathers were enough to borrow
c. Fundamental Rights: The constitution good features from different nations and mould
provides individual rights and freedom like a constitution that best suits India. The sources
freedom of speech and freedom of religion. (Influences) from other constitutions are listed
d. Judicial Review: It Provides mechanisms for below :
courts to review government actions and laws
to ensure they comply with the constitution.
PURPOSE: To ensure that all governmental
actions and laws are consistent with the supreme
legal document (The Constitution).

Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 2 Constitution of India

Government Sources (Influences)

Parliamentary Government, Post of Prime Minister, Rule of law, Bicameral legisla-

United Kingdom ture, Nominal Head of the State, Cabinet System, Single Citizenship, The legislative
Speaker and their Role, Prerogative Writ, Parliamentary Privilege.

Bill of Rights (Fundamental Rights), Written Constitution, Preamble of the Consti-

tution, Federal Structure of Government, Impeachment of the President, Post of the
United States Vice-President and its functions, Supreme Court, Removal of Supreme Court and
High Court Judges, Electoral Colleges, Judicial Review, President as Commander of
the Chief of the armed forces, Equal Protection Under law.

Directive Principles of State Policy, Nomination members to the Rajaya Sabha by the
Ireland
President, Method of election of the President.

Freedom of trade between states, Concurrent List, Provision of Joint Session of the
Australia
Parliamentary, Preamble terminology.
Notions (Liberty, Equality, Fraternity) of the Preamble, The Ideas of Republic in the
France
Preamble.
Appointment of Governor of state by the Centre, Advisory Jurisdiction of the source
Canada court, Distribution of Powers between the Central and State Government. Quasi feder-
al government – a federal system with a central government.
Fundamental Duties Under article 51-A, Mandated Planning Commission to oversee
Soviet Union economic development, Ideals of Justice (Social, economic and Political) in the Pre-
amble.
Japan Procedure established by law, Laws on which the Supreme Court functions

South Africa Amendment Procedure of the Constitution, Election of Members of Rajya Sabha.

Weimar Republic
Suspension of Fundamental Rights during Emergency.
(Germany)

03. Explain salient features and characteristics of the constitution of India

Ans: The Constitution of India is a unique constitution. It is the largest written liberal democratic constitution of
the world. It provides for a mixture of federalism and Unitarianism, and flexibility and with rigidity. Since its
inauguration on 26th January 1950, the Constitution India has been successfully guiding the path and progress of
India.
The salient features of the Constitution of India can be discussed as follows:
1. Written and Detailed Constitution:The Constitution is a wholly written document which incorporates the
constitutional law of India. It was fully debated and duly enacted by the Constitution Assembly of India. It
took the Assembly 2 years, 11 months and 18 days to write and enact the Constitution. Indian Constitution is
a very detailed constitution.

Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 3 Constitution of India

It consists of 395 Articles divided into 22 term ‘Socialism’. It is now regarded as a prime
Parts with 12 Schedules and 94 constitutional feature of Indian state. India is committed to
amendments. It is a constitution of both the secure social, economic and political justice
Centre and states of Indian Union It are indeed for its entire people by ending all forms
much bigger than the US Constitution which of exploitation and by securing equitable
has only 7 Articles and the French Constitution distribution of income, resources and wealth.
with its 89 Articles. This is to be secured by peaceful, constitutional
2. Self-made and Enacted Constitution: and democratic means.
Indian Constitution is a constitution made 5. India is a Secular State: India gives special
by the people of India acting through their status to no religion. There is no such thing as a
duly elected and representative body—the state Religion of India. This makes it different
Constituent Assembly that was organised in from theocratic states like the Islamic Republic
December 1946. Its first session was held on of Pakistan or other Islamic countries. Further,
9th December, 1946. It passed the Objectives Indian secularism guarantees equal freedom to
Resolution on 22 January, 1947. all religions. The Constitution grants the Right
Thereafter, it initiated the process of to Religious Freedom to all the citizens.
constitution-making in the right earnest and 6. India is a Democratic State: The Constitution
was in a position to finally pass and adopt the of India provides for a democratic system.
constitution on 26th November, 1949. The The authority of the government rests upon
constitution became fully operational with the sovereignty of the people. The people
effect from 26th January 1950. We celebrate enjoy equal political rights. On the basis of
this day as our Republic Day. these rights, the people freely participate
The Constitution of India is thus a self-made in the process of politics. They elect their
and duly enacted constitution. government.
3. Preamble of the Constitution: The Preamble Free fair and regular elections are held for electing
to the Constitution of India is a well drafted governments. For all its activities, the government
document which states the philosophy of the of India is responsible before the people. The people
constitution. It declares India to be a Sovereign can change their government through elections. No
Socialist Secular Democratic Republic and government can remain in power which does not
a welfare state committed to secure justice, enjoy the confidence of the people. India is world’s
liberty and equality for the people and for largest working democracy.
promoting fraternity, dignity the individual, 7. India is a Republic: The Preamble declares
and unity and integrity of the nation. The India to be a Republic. India is not ruled by a
Preamble is the key to the constitution. It monarch or a nominated head of state. India
states in nutshell the nature of Indian state and has an elected head of state (President of
the objectives it is committed to secure for the India) who wields power for a fixed term of 5
people. years. After every 5 years, the people of India
4. India is a Democratic Socialist State: indirectly elect their President.
Although, right from the beginning the 8. India is a Union of States: Article I of the
Indian Constitution fully reflected the spirit Constitution declares, that “India that is
of democratic socialism, it was only in 1976 Bharat is a Union of States.” The term ‘Union
that the Preamble was amended to include the of State’ shows two important facts:
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 4 Constitution of India

(i) That Indian Union is not the result of voluntary Article 368, of the Constitution provides for
agreement among sovereign states, and two special methods of amendment:
(ii) That states of India do not enjoy the right (i) Most of the provisions of the Constitution
to secede from the Union. Indian Union has can be amended by the Union Parliament by
now28 States and 7 Union Territories. passing an Amendment Bill by a majority
9. Mixture of Federalism and Unitarianism: of total membership and 2/3rd majority of
While describing India as a Union of States, members present and voting in each of its two
the Constitution provides for a federal structure Houses.
with a unitary spirit. Scholars describe India
as a ‘Quasi- Federation’ (K.C. Wheare) or as 04. List out the scheme of the fundamental
‘a federation with a unitary bias, or even as ‘a rights.
Unitarian federation.’ Ans:Originally Constitution provided for seven
Like a federation, the Constitution of India Fundamental Rights viz.
provides for: a. Right to equality (Article 14-18)
a. A division of powers between the centre b. Right to freedom (Article 19-22)
and states, c. Right against exploitation (Article 23-24)
b. A written, rigid and supreme constitution, d. Right to freedom of religion (Articles 25-28)
c. Independent judiciary with the power to e. Cultural & educational rights (Articles 29-30)
decide centre-state disputes and f. Right to Property (Article 31)
d. Dual administration i.e. central and state g. Right to constitutional remedies (Article 32)
administrations. However, by providing a
very strong centre, a common constitution, Right to Privacy, Right to property was removed
single citizenship, emergency provisions, from the list of the Fundamental Rights by the
and common election commission, 44th Constitution Amendment Act, 1978 and after
common all India services etc. the amendment; it was made legal right under Article
Constitution clearly reflects its unitary 300-A in part-12 of the Constitution.
spirit. At present there are only six Fundamental rights,
India is a federation with some Unitarian six fundamental rights are described below in brief.
features. This mixture of federalism- 1. Right to Equality (Articles 14-18)
Unitarianism has been done keeping in view Article 14 (Equality before law) Article 14
both the pluralistic nature of society and the says that state shall not deny to any person
presence of regional diversities, as well as due equality before the law or the equal protection
to the need for securing unity and integrity of of the laws within the territory of India. Art.
the nation. 14 is available to any person including legal
10. Mixture of Rigidity and Flexibility: The persons viz. statutory corporation, companies,
Constitution of India is rigid in parts. Some of etc. Art. 14 is taken from the concept of equal
its provisions can be amended in a difficult way protection of laws has been taken from the
while others can be amended very easily. In Constitution of USA. The concept of the
some cases, the Union Parliament can amend rule of law is a negative concept while the
some parts of the Constitution by passing a concept ofequal protection of laws is a positive
simple law. concept. The concept of equality before the

Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 5 Constitution of India

law is equivalent to the second element of the assemble peacefully and without arms. To
concept of the ‘rule of law’ propounded by A.D. form associations or unions. To move freely
dicey, the British jurist. But certain exceptions throughout the territory of India. To practice
to it are, the president of India, state governors, any profession or to carry on any occupation,
Public servants, Judges, Foreign diplomats, trade or business.
etc., who enjoy immunities, protections, and Article 20 (Protection in respect of conviction
special privileges. for offenses): Article 20 says that state can
Article 15 (Prohibition of discrimination on impose reasonable restrictions on the groups
the grounds of religion, race, caste, sex or of security of the state, friendly relations with
place of birth): Article 15 says that the state foreign states, public order, decency, morality,
shall not discriminate against only of religion, contempt of court, defamation, etc.
race, sex, place ofbirth or any of them. Under Article 21: It deals with Protection of life and
Article 15 (3) & (4), the government can make personal liberty.
special provisions for women & children and Article 21 A states that that state shall provide
for a group of citizens who are economically free and compulsory education to all children
and socially backward. of the age of 6- 14 years.
Article 16 (Equality of opportunities in Article 22 deals with protection against arrest
matters of public employment):Article and detention in certain cases.
16 says that there shall be equality of 3. Right Against Exploitation (Articles 23-24)
opportunity for all citizens in matters relating Article 23 deals with the prohibition of traffic
to employment or appointment to any office in human beings and forced labor.
under the state. Article 24 deals with prohibition of
Article 17 (Abolition of Untouchability): employment of children in factories, etc.
Article 17 says that Untouchability is abolished 4. Right to Freedom of Religion (Articles 25-
and its practice in any form is forbidden. The 28)
enforcement of any disability arising out of India is a secular state, which means the State
untouchability shall be an offense punishable has no official religion and India does not
by law. promote/protect any one religion over the
Article 18 (Abolition of titles): Article 18 says other religion.
that no title, not being a military or academic • The Fundamental Rights under Articles 25 to
distinction, shall be conferred by the State. 28 facilitate individuals the freedom to live
No citizen of India shall accept any title from by their religious beliefs and practices as they
any foreign state. The awards, Bharat Ratna, interpret these beliefs.
Padma Vibhuhan, Padma Bhushan and Padma • Every citizen in India has liberty to profess,
Shri, called as The National Awards would not practice, and propagate the religion that he or
amount to title within the meaning of Article she believes in.
18(i). • Every sector a religious group is free to
2. Right to Freedom (Articles 19-22) manage its religious affairs, but it is subject to
Article 19 (Protection of certain rights reasonable restrictions debarring, any person,
regarding freedom of speech, etc.): Article or organization to compel another person to
19 says that all citizens shall have the right convert into his religion by means of force,
to freedom of speech and expression. To fraud, inducement, or allurement.
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 6 Constitution of India

• This right is in the form of restrictions upon the • According to Dr. Ambedkar, the right to
government not to compel any person to pay constitutional remedies is the ‘heart and soul
any taxes forthe promotion or maintenance of of the Constitution.
any particular religion or religious institution.
• In the educational institutions run or added 05. Explain the scheme of the fundamental
by the government, neither any religious duties and its legal status.
instruction can be imparted nor can any person Ans: Article 51A: Fundamental duties
be compelled to take part in any religious It shall be the duty of every citizen of India –
instruction or to attend any religious worship. (a) to abide by the Constitution and respect its
ideals and institutions, the National Flag
5. Cultural and Educational Rights (Articles andthe National Anthem
29-30) (b) to cherish and follow the noble ideals which
• The democracy is based upon the wishes inspired our national struggle for freedom
of the majority. In this system, the right and (c) to uphold and protect the sovereignty, unity
interest of the minorities need to be protected and integrity of India
by developing a mechanism that cannot be (d) to defend the country and render national
changed prejudicially by the majority. service when called upon to do so
• Therefore in a democratic country, Special (e) to promote harmony and the spirit of common
Protection is provided in the constitution to brotherhood amongst all the people of India
preserve and develop the language, culture, transcending religious, linguistic and regional
and religion of minorities. or sectional diversities; to renounce practices
• Any section of citizens with a distinct derogatory to the dignity of women
language or culture has the right to conserve (f) to value and preserve the rich heritage of our
its language, culture, and religious practices. composite culture
• Articles 29 and 30 provide Cultural and (g) to protect and improve the natural environment
Educational Rights, which states that all including forests, lakes, rivers and wildlife,
minorities, religious or linguistic groups, and to have compassion for living creatures
having a distinct language, script or culture (h) to develop the scientific temper, humanism
of its own can set up their own educational and the spirit of inquiry and reform
institutions in order to preserve and develop (i) to safeguard public property and to abjure
their language, script, or culture. violence
6. Right to Constitutional Remedies (Article (j) to strive towards excellence in all spheres
32) of individual and collective activity so that
• A person aggrieved by the violation of any the nation constantly rises to higher levels of
of his/her fundamental right can approach endeavour and achievement
either to the Supreme Court (under Article (k) to provide opportunities for education by the
32) or High Court (under Article 226) for the parent the guardian, to his child, or a ward
restoration of his/her fundamental right/s. between the age of 6-14 years as the case may
• The enforceability of rights is a very important be
aspect of all fundamental rights and hence, Info-bits related to Fundamental Duties
it is called as the “Right to Constitutional The Fundamental Duties of citizens were added to
Remedies.” the Constitution by the 42nd Amendment in 1976,
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 7 Constitution of India

upon the recommendations of the Swaran Singh 06. Briefly discuss the directive principles of state
Committee that was constituted by the government policy – its importance and implementation
earlier that year. procedure.
Fundamental duties are applicable only to citizens Ans: The Directive Principles constitute a very
and not to the aliens. India borrowed the concept of comprehensive social, economic and political
Fundamental Duties from the USSR. programme for a modern and welfare state.
The inclusion of Fundamental Duties brought These principles emphasizes that the State shall
our Constitution in line with article 29 (1) of the try to promote welfare of people by providingthem
Universal Declaration of Human Rights and with basic facilities like shelter, food and clothing.
provisions in several modern Constitutions of other Unlike Fundamental Rights, the Directive Principles
countries. of State Policy (DPSP) are non- binding in nature
Out of the ten clauses in article 51A, six are positive which means they are not enforceable by the courts
duties and the other five are negative duties. for their violation.
Clauses (b), (d), (f), (h), (j) and (k) require the However, the Constitution itself declares that ‘these
citizens to perform these Fundamental Duties principles are fundamental in the governance of
actively. the country and it shall be the duly of the state to
It is suggested that a few more Fundamental Duties, apply these principles in making laws’. Hence, they
namely, duty to vote in an election, duty to pay taxes impose a moral obligation on the state authorities
and duty to resist injustice may be added in due for their implementation.
course to article 51A in Part IVA of the Constitution.
It is no longer correct to say that Fundamental Features of Directive Principles of State Policy
Duties enshrined in article 51A are not enforceable (DPSP)
to ensure their implementation and is a mere 1. It denotes the ideals that the State should
reminder. Fundamental Duties have the element of keep in mind while formulating policies and
compulsion regarding compliance. enacting laws.
A number of judicial decisions are available 2. It resembles the ‘Instrument of Instructions’
towards the enforcement of certain clauses under enumerated in the Government of India Act
Article 51A. Comprehensive legislation is needed of1935. In the words of Dr B R Ambedkar, ‘the
for clauses (a), (c), (e), (g) and (i). The remaining Directive Principles are like the instrument
5 clauses, which are exhortation of basic human of instructions, which were issued to the
values, have to be developed amongst citizens Governor-General and to the Governors of the
through the education system by creating proper colonies of India by the British Government
and graded curricular input from primary level of under the Government of India Act of 1935.
education to the higher and professional levels. What is called Directive Principles is merely
Available Legal Provisions: Justice Varma another name for the instrument of instructions.
Committee was constituted in 1998 “to work The only difference is that they are instructions
out a strategy as well as the methodology of to the legislature and the executive’.
operationalizing a countrywide programme for 3. It constitutes a very comprehensive economic,
teaching fundamental Duties in every educational social and political programme for a modern
institution as a measure of in-service training”. democratic State which aimed at realising the
high ideals of justice, liberty, equality and
fraternity as outlined in the Preamble to the
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 8 Constitution of India

Constitution. They embody the concept of a • At present, there are 52 subjects in the concurrent
‘welfare state’ which was absent during the list. The list includes subjects such as education,
colonial era. forests, protection of wild animals and birds,
electricity, labour welfare, criminal law and
07. Explain Federal Structure And Distribution procedure, civil procedure, population control and
Of Legislative And Financial Powersbetween family planning, drugs etc.
The Union And The States Article 245 empowers the centre to give directions
Ans: India is a union of states. The constitution of India to the states in certain cases in regards to the
has divided the legislative, executive and financial exercise of their executive powers.
powers between the center and the states, which Article 249 empowers the parliament to legislate
gives the constitution a federal character whereas with respect to a matter in the State List in the
judiciary is integrated in a hierarchical structure. national interest.

The center-state relations are divided into three Under Article 250, the parliament becomes
parts, which are mentioned below: empowered to make laws on the matters related to
(A) Legislative Relations (Article 245-255) state list when national emergency (under Article
(B) Administrative Relations (Article 256-263) 352) is in operation.
(C) Financial Relations (Article 268-293) Under Article 252, the parliament is empowered to
Legislative Relations legislate for two or more States by theirconsent.
Articles 245 to 255 in Part XI deals with different
aspects of legislative relations between centre and Administrative Relations
states. These include: Article 256 to 263 deals with the administrative
(1) Territorial jurisdiction of laws made by the relations between the centre and the states. Article
Parliament and by the Legislatures of States. 256 states that “the executive power of every State
(2) Distribution of legislative subjects shall be so exercised as to ensure compliance with
(3) Power of parliament to legislate with respect the laws made by the parliament and any existing
to a matter in the State List laws which apply in that State, and the executive
(4) Centre’s control state legislation power of the Union shall extend to the giving of
However, Seventh Schedule of the Constitution such directions to a State as may appear to the
provides for the distribution of legislative powers Government of India to be necessary for that
between the centre and the states. The legislative purpose”.
subjects are divided into List I (the Union List), List Cooperation Between the Centre and the States
II (the Concurrent List) and List III (the State List). The constitution lays down various provisions to
• At present, there are 100 subjects in the Union list secure cooperation and coordination between the
which includes subjects such as foreign affairs, centre and the states. These include:
defence, railway, postal services, banking, atomic (i) Article 261 states that “Full faith and credit
energy, communication, currency etc. shall be given throughout the territory of India
• At present, there are 61 subjects in the State list. The to public acts, records and judicial proceedings
list includes subjects such as police, public order, of the Union and of every State”.
roadways, health, agriculture, local government, (ii) According to Article 262, the parliament may
drinking water facilities, sanitation etc. by law provide for the adjudication of any
dispute or complaint with respect to the use,
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 9 Constitution of India

distribution or control of the waters of, or in, (i) The parliament has exclusive power to
anyinter-State river or river valley. levy taxes on the subjects mentioned in the
(iii) Article 263 empowers the President to UnionList.
establish an inter-State Council to inquire into (ii) The state legislatures has exclusive power
andadvise upon disputes between states, to to levy taxes on the subjects mentioned in
investigate and discuss subjects in which some theState List
or all of the States, or the Union and one or (iii) Both the parliament and the state legislature
more of the States, have a common interest. are empowered to levy taxes on the
(iv) As per Article 307, Parliament may by subjectsmentioned in the Concurrent List.
law appoint such authority as it considers (iv) The parliament has exclusive power to
appropriate for carrying out the purposes of levy taxes on the matters related to the
the constitutional provisions related to the residuarysubjects.
inter- state freedom of trade and commerce.
However, in case of tax revenue distribution,
Centre-State Relations during Emergency • article 268 states that duties are levied by the Union
(i) During a national emergency (under Article 352), but are collected and appropriatedby the States
the state government become subordinate to the • Service tax levied by Union and collected and
central government. All the executive functions appropriated by the Union and theStates (Article
of the state come under thecontrol of the union 268- A)
government. • Taxes levied and collected by the Union but
(ii) During a state emergency (under Article 356), the assigned to the States (Article 269)
president can assume to himself all or any of the • Taxes levied and collected by the Union but
functions of the Government of the State and all or distributed between the Union and theStates
any of the powers vested in or exercisable by the (Article 270)
Governor or authority in the State other than the • Surcharge on certain duties and taxes for purposes
Legislature of the State. of the Union (Article 271)
(iii) During the operation of financial emergency (under Under Article 275, the parliament is authorized to
Article 360), the Union may give directions to any provide grants-in-aid to any state as parliament may
State to observe such canons of financial propriety determine to be in need of assistance, and different
as may be specified in the directions, and to the sums may be fixed for different States.
giving of such other directions as the President may Under Article 282, the union or a state may make
deem necessaryand adequate for the purpose. any grants for any public purpose,notwithstanding
that the purpose is not one with respect to which
Financial Relations Parliament or the Legislature of the State, as the
The Constitution deals with the centre-state case may be, may make laws.
financial relations in Article 268-293 of Part XII. Under Article 352, during the operation of national
Allocation of taxing powers emergency, the distribution of revenues between the
The Constitution has provided the union government centre and the states can be altered by the president.
and the state governments with the independent Under Article 360, during the financial emergency,
sources of revenue. It allocates the powers to centre the executive authority of the Union shall give
and the states in thefollowing way: directions to any State to observe such canons
of financial propriety as may be specified in the
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 10 Constitution of India

directions and to the give the directions as the the Cabinet government due to concentration of
President may deem necessary and adequate for the executive powers in the cabinet. Articles 74 and 75
purpose. deals with the parliamentary systemat the centre
and Article 163 and article 164 deals with the
The important recommendations of the first Parliamentary system at the states.
administrative reforms commission related to the
centre-state relations are: Elements and Features of Parliamentary System are;
1. Nominal and Real Head: The head of the state
Establishment of an Inter-state council under holds a ceremonial position and is thenominal
Article 263 executive. For example, the President.
1. Decentralization of powers to the states as 2. In India, the head of government is the Prime
much as possible Minister who is the real executive. Article 75 of the
2. More transfer of financial resources to the Indian constitution provides for a Prime Minister to
states be appointed by the president. According to Article
3. Arrangements for devolution in such a way 74, the Prime Minister headed council of ministers
that the states can fulfil their obligations would aid and advise the President in the exercise
4. Advancement of loans to states should be of his functions.
related to as ‘the productive principle’. 3. Executive is a Part of Legislature: The Executive
5. Deployment of central armed forces in the forms a part of the legislature. In India, the person
states either on their request or otherwise should be a member of parliament to become a
During state emergency, under Article 356, member of the executive.
President’s Rule can be imposed in event of the However, the constitution provides that a person
failure of constitutional machinery in a state. can be appointed as a minister for a period of not
more than six consecutive months if he is not a
08. Briefly explain parliamentary form of member of the parliament, after which the person
government in India – the constitution ceases to be a minister.
powers and status of the president of India. 4. Majority Party Rule: The party which wins
Ans: Parliamentary System in India majority seats in the elections of the Lower House
The democratic system of government can be forms the government. In India, the President
divided into the parliamentary and the presidential invites the leader of the majority party in Lok Sabha
system based on the relationship between the to form the government. The President appoints the
executive and the legislature. In a parliamentary leader as the Prime Minister and the other ministers
system, executive is a part of legislature, which are appointed by the President on the advice of the
implements the law and playsan active role in Prime Minister. The President may invite a coalition
framing it as well. of parties to form the government, in case, no party
In a parliamentary system, the head of the state has got majority.
may be a monarch or a president, but both of 5. Collective Responsibility: The council of ministers
these positions are ceremonial. The head of the are collectively responsible to the parliament. The
government, who is generally calledas the Prime lower house of parliament has an ability to dismiss
Minister, is the real head. Thus, all the real executive a government by gettingthe no confidence motion
powers are vested in the Prime Minister. passed in the house. In India, the government
The parliamentary government is also called as survives till the timeit enjoys support of the majority
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 11 Constitution of India

of members in the Lok Sabha. Thus, Lok Sabha is various ethnically, racially, linguistically and
empowered to introduce no-confidence motion ideologically diverse groups to share their views in
against the government. framing of laws and policymaking. Countries, such
6. Prime Minister as the Centre of Power: In India, as India, which have high level of diversity enables
the Prime Minister is the real executive.He is the accommodation by providing political space to
head of the government, the council of ministers various diverse sections of the society.
and the ruling government. Thus, he has to play a 2. Better Co-Ordination between Legislature and
significant and important role in the working of the Executive: The executive is a part ofthe legislature.
government. As the government enjoys the support of majority
7. A Parliamentary Opposition: No government in of members in the lower house, the tendency of
the parliament can get hundred percent majority. disputes and conflicts decreases. It makes easy
The opposition plays an important role in checking for the government to pass the legislation in the
the arbitrary use of authority bythe political parliament and implement them.
executive. 3. Prevents Authoritarianism: In a parliamentary
8. Independent Civil Service: The civil servants system, the tendency of authoritarianism decreases
advice and implement decisions of the government. as the power is vested in the council of minister
Civil servants hold permanent appointments rather than a single individual. Theparliament can
based on merit-based selection process. They remove the government through no-confidence
ensure continuity of employment even when the motion.
government changes. The civil service also ensures 4. Responsible Government: The parliament can
efficiency in execution of duties and responsibilities. check the activities of the executive as the latter is
9. Bicameral Legislature: Most of the countries responsible to the former. In a presidential system,
following parliamentary system, including India, the president is not responsible to the legislature.
have bicameral legislature. The members of the The members of the parliament can ask question,
Lower House of all these countries areelected by move resolutions, and discuss matters of public
the people. The Lower House can be dissolved, in importance to pressurize the government. Such
case, the term of the government is over or there provisions are not available in Presidential system.
is no scope of government formation due to lack 5. Availability of Alternate Government: The lower
of majority in house. In India, the President can house of the parliament can introduce and pass a no-
dissolve the Lok Sabha on recommendation of the confidence motion. In such a situation, the head of
Prime Minister. the state invites the leader of the opposition party to
10. Secrecy: The members of the executive in this form the government. In the United Kingdom, the
system have to follow the principle of secrecy in opposition forms a shadow cabinet for the cabinet
matters such as proceedings, executive meetings, of the government, so that they can become ready
policymaking etc. In India, the ministers take oath for the role.
of secrecy before entering their office.
Power and Functions of Indian Parliament
Advantages of Parliamentary System All the legislative powers of the federal Government
The parliamentary system has the following are vested in the Parliament. The laws framed by
advantages over the presidential system: the Indian Parliament are enforced in the whole of
1. Represents Diverse Group: The parliamentary the country. The Parliament of India is a bi-cameral
form of government provides opportunity to legislature. It consists of two houses- Rajyasabha
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 12 Constitution of India

Lok Sabha and President of India. Rajyasabha is the government with respect of financial spending
upper chamber of the Parliament while Lok Sabha through financial committees (post budgetary
is the lower chamber of the Parliament. control)
The Parliament of India is a bi-cameral legislature. 4) Constituent Powers- Example - To amend the
It consists of two houses- Rajyasabha & Lok Sabha constitution, to pass any laws required
and President of India. Parliament makes law with 5) Judicial Powers- Includes;
the help of its both the chambers. Laws passed by (i). Impeachment of President for violation of
the parliament and approved by the president are constitution
enforced in the whole country. (ii). Removal of judges of Supreme Court and High
court
Its powers and functions can be classified in to (iii). Removal of Vice- President
following heads: (iv). Punish members for breach of privileges like
(1). Legislative powers sitting in the house when the member knows he
(2). Executive powers is not an eligible member, serving as member
(3). Financial powers before taking oath etc.
(4). Constituent powers 6). Electoral Powers- It has its participation in
(5). Judicial powers the election of President and Vice-President.
(6). Electoral powers The members of Lok Sabha elect speaker
(7). Other powers and deputy speaker from among its members.
1. Legislative Powers- All the subjects in our Similarly members of Rajya Sabha elect
constitution are divided among state, union and deputy chairman.
concurrent lists. In concurrent list Parliamentary law 7). Other Powers-
is over riding than state legislative law. Constitution (i). To discuss various issues of national and
also have powers to make law with respect to state international importance
legislature in following circumstances: (ii). Imposing emergency
(i). When Rajya Sabha passes a resolution to that (iii). Increase or decrease area, change names, alter
effect the boundary of the states
(ii). When national emergency is under operation (iv). Create or abolish state legislature etc.. any
(iii). When two or more states request parliament to powers can be added from time to time
do so Article 245 of the constitution declares that
(iv). When necessary to give effect to international parliament may make laws for the whole or
agreements, treaties and conventions any part of the territory of India and a state
(v). When President’s rule is in operation. legislature can make laws for the whole or
2) Executive Powers- According to any part of the state. Seventh Schedule of
parliamentary form of government executive the constitution distributes the legislative
is responsible to the parliament for its acts and powers between the centre and the state by
policies. Hence parliament exercises control putting subjects into Union List, State List and
by various measures like committees, question Concurrent List.
hour, zero hour etc. ministers are collectively The centre can make law on any of the subjects
responsible to the Parliament. in the union list or in the concurrent list. The
3) Financial Powers- It includes enactment parliament can override the law of a state on
of budget, scrutinizing the performance of a subject listed in concurrent list. In addition
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 13 Constitution of India

to these powers, the residuary powers are also (i) By not passing a motion of thanks on the President’s
vested with the parliament. inaugural address.
The constitution also empowers the Parliament (ii) By rejecting a money bill
to make law on a state subject in the following (iii) By passing a censure motion or an adjournment
circumstances: motion
(i) When Rajya Sabha passes a resolution (iv) By passing a cut motion
supported by two-thirds of the members (v) By defeating the government on a vital issue
present and voting These powers of parliament help in making
(ii) When a Proclamation of Emergency is in government responsive and responsible.
operation
Financial Powers and Functions
(iii) When two or more states make a joint request
Parliament enjoys the supreme authority in financial
to the parliament
matters. Executive cannot spend any money without
(iv) When it is necessary for parliament to
parliament’s approval. No tax can be imposed
implement any international treaty, agreement
without the authority of law. The government places
or convention
the budget before the parliament for approval. The
(v) When President’s rule is in operation in the
passage of the budget means that the parliament
state
has legalised the receipts and expenditure of the
government. The public accounts committee and
Executive Powers and Functions
the Estimates committee keep a watch on the
In India, political executive is a part of the spending of the government. These committees
parliament. Parliament exerts control over the scrutinize the account and bring out the cases of
executive through procedural devices such as irregular, unauthorized or improper usage in public
question hour, zero hour, calling attention motion, expenditure.
adjournment motion, half-an-hour discussion, etc. In this way, parliament exerts budgetary as well as
Members of different political parties are elected/ post-budgetary control on the government. If the
nominated to the parliamentary committees. government fails to spend the granted money in a
Through these committees, the parliament controls financial year, the remaining balance is sent back
the government. Committee on ministerial to the Consolidated Fund of India. This is known
assurances constituted by parliament seeks to as ‘rule of lapse’. This also leads to increase in
ensure that the assurances made by the ministries to expenditure by the end of the financial year.
parliament are fulfilled.
Article 75 of the constitution mentions that the Judicial Powers and Functions
council of ministers remains in office as long Judicial powers and functions of the Parliament are
as it enjoys the confidence of the Lok Sabha. mentioned below;
The ministers are responsible to the Lok Sabha (i) It has the power to impeach the President, the
individually and collectively. Lok Sabha can Vice-President, the judges of the Supreme
remove the council of ministers by passing a no Court and the High Court.
confidence motion in the Lok Sabha. (ii) It can also punish its members or outsiders for
Apart from that, the Lok Sabha can also express lack the breach of privilege or its contempt.
of confidence in the government in the following (iii) Electoral Powers and Functions
ways: (iv) The electoral powers and functions of the
parliament are mentioned below;
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 14 Constitution of India

(v) The elected members of the parliament (along The office of President was created when India
with state assemblies) participate in the became a republic on 26 January 1950, when its
election of the President constitution came into force. From 1947 to 1950,
(vi) All the members of the parliament participate India was a dominion within the Commonwealth of
in the election of the Vice-President. Nations with George VI as the head of state as King
(vii) The Lok Sabha elects its Speaker and Deputy of India.
Speaker. The president is indirectly elected by an electoral
(viii) The Rajya Sabha elects its Deputy Chairman. college comprising both houses of the Parliament
(ix) Members of various parliamentary committees of India and the legislative assemblies of each of
are also elected. India’s states and territories, who themselves are all
directly elected.
Constituent Powers and Functions
Although Article 53 of the Constitution of India
Only parliament is empowered to initiate any
states that the president can exercise his powers
proposal for amendment of the constitution. A bill
directly or by subordinate authority, with few
for amendment can be initiated in either House
exceptions, all of the executive powers vested in
of Parliament. However, the state legislature can
the president are, in practice, exercised by the prime
pass a resolution requesting the parliament for the
minister (a subordinate authority) with the help of
creation or abolition of the legislative council in the
the Council of Ministers.[2] The president is bound
state. Based on the resolution, the parliament can
by the constitution to act on the advice of the prime
make an act for amending the constitution for that
minister and cabinet as long as the advice is not
purpose.
violating the constitution.
There are three types of bills for constitution
amendment which requires:
Powers and duties of President of India
(i) Simple Majority: These bills need to be
Under the draft constitution the President occupies
passed by simple majority, that is, a majority
the same position as the King under the English
of members present and voting in each of the
Constitution. He is the head of the state but not of
House.
the Executive. He represents the Nation but does not
(ii) Special Majority: These bills need to be
rule the Nation. He is the symbol of the Nation. His
passed by the majority of the House and two-
place in the administration is that of a ceremonial
third of the members present and voting in
device on a seal by which the nation’s decisions are
each of the House.
made known.
(iii) Special majority and consent of half of all the
- Bhimrao Ambedkar, chairperson of the drafting
state legislatures: These bills are to be passed
committee of the Constituent Assembly of India
by the special majority in each house. Along
with this, at least half of the state legislatures
Limitations
should give consent to the bill.
Legislature – Any bill passed by parliament can be
Status of the President of India signed, withheld or returned to parliament by the
The President of India officially the President of President of India. If President signs, it becomes
the Republic of India, is the ceremonial head of a law. If President returns or withholds the bill till
state of India and the commander-in-chief of the expiry and same bill is again introduced and passed
Indian Armed Forces. Ram Nath Kovind is the 14th in the parliament, it automatically becomes a law
and current president. without President’s signature.
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 15 Constitution of India

Executive – Although the President is bound by president shall declare either that he assents to the
the constitution to act on the advice of the Prime Bill, or that he withholds his assent from it. As
Minister, it is ultimately the President who gives a third option, he can return a bill to parliament,
final order. Hence, declining the PM’s advice if it is not a money bill, for reconsideration.
or withholding it for long without being able to President may be of the view that a particular bill
constitutionally challenge this decision is beyond passed under the legislative powers of parliament
the power of the President. Similarly the PM can is violating the constitution, he can send back the
object to any decision taken alone by the President bill with his recommendation to pass the bill under
without consulting the cabinet. the constituent powers of parliament following the
Judiciary – Only the judiciary has the power Article 368 procedure. When, after reconsideration,
to convert any death sentence (rarest) to life the bill is passed accordingly and presented to
imprisonment. the president, with or without amendments, the
Duty :The primary duty of the president is to president cannot withhold his assent from it. The
preserve, protect and defend the constitution and president can also withhold his assent to a bill when
the law of it is initially presented to him (rather than return it
India as made part of his oath (Article 60 of Indian to parliament) thereby exercising a pocket veto on
constitution). The president is the common head of the advice of prime minister or council of ministers
all independent constitutional entities. per Article 74 if it is inconsistent to the constitution.
All his actions, recommendations (Article 3, Article Article 143 gave power to the president to consult
111, Article 274, etc.) and supervisory powers the supreme court about the constitutional validity of
(Article 74(2), Article 78C, Article 108, Article an issue. The president shall assent to constitutional
111, etc.) over the executive and legislative entities amendment bills without power to withhold the
of India shall be used in accordance to uphold the bills per Article 368 (2).
constitution. There is no bar on the actions of the Executive powers
president to contest in the court of law. The President of the Indian Union will be generally
Legislative powers bound by the advice of his Ministers. He can do
Legislative power is constitutionally vested in nothing contrary to their advice nor can do anything
the Parliament of India of which the president is without their advice. The President of the United
the head, to facilitate the lawmaking process per States can dismiss any Secretary at any time. The
the constitution (Article 78, Article 86, etc.). The President of the Indian Union has no power to do
president summons both the houses (Lok Sabha so long as his Ministers command a majority in
and Rajya Sabha) of the parliament and prorogues Parliament
them. He can dissolve the Lok Sabha. — Bhimrao Ambedkar, chairperson of the
The president inaugurates parliament by addressing drafting committee of the Constituent Assembly
it after the general elections and also at the of India
beginning of the first session every year per Article
87(1). The presidential address on these occasions As per Article 53, the executive power of the
is generally meant to outline the new policies of the country is vested in the president and is exercised
government. by president either directly or through officers
All bills passed by the parliament can become laws subordinate to him in accordance with the
only after receiving the assent of the president per constitution. When parliament thinks fit it may
Article 111. After a bill is presented to him, the accord additional executive powers to the president
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 16 Constitution of India

per Article 70 which may be further delegated by distributing portfolios to them on the advice of the
the president to the governors of states per Article prime minister. The Council of Ministers remains in
160. power at the ‘pleasure’ of the president.
Union cabinet with prime minister as its head, The president appoints 12 members of the Rajya
should aid and advice the president in performing Sabha from amongst persons who have special
his functions. Per Article 74 (2), the council of knowledge or practical experience in respect of
ministers or prime minister are not accountable such matters as literature, science, art and social
legally to the advice tendered to the president but it service. The president may nominate not more than
is the sole responsibility of the president to ensure two members of Anglo Indian community as Lok
compliance with the constitution in performing Sabha members per Article 331.
his duties. President or his subordinate officers Governors of states are also appointed by the
is bound by the provisions of the constitution president who shall work at the pleasure of
notwithstanding any advice by union cabinet. the president. Per Article 156, the president is
As per Article 142, it is the duty of the president to empowered to dismiss a governor who has violated
enforce the decrees of the Supreme Court. the constitution in his acts.

The president is responsible for making a wide

Judicial powers
variety of appointments. These include:
The primary duty of the president is to preserve,
• The chief justice and other judges of the Supreme
protect and defend the constitution and the law
Court of India and state/union territory high courts.
of India per Article 60. The president appoints
• The Chief Minister of the National Capital Territory
the Chief Justice of India and other judges on the
of Delhi (Article 239 AA 5 of the constitution).
advice of the chief justice. He dismisses the judges
• The Comptroller and Auditor General.
if and only if the two Houses of the parliament pass
• The Chief Election Commissioner and other
resolutions to that effect by a two-thirds majority of
Election Commissioners.
the members present.
• The chairman and other Members of the Union
The Indian government’s chief legal adviser,
Public Service Commission.
Attorney General of India, is appointed by the
• The Attorney General.
president of India under Article 76(1) and holds
• Ambassadors and High Commissioners to other
office during the pleasure of the president. If the
countries (only through the list of names given by
president considers a question of law or a matter of
the prime minister).
public importance has arisen, he can also ask for the
• Officers of the All India Services (IAS, IPS and
advisory opinion of the Supreme Court per Article
IFoS), and other Central Civil Services in Group
143. Per Article 88, the president can ask the attorney
‘A’.
general to attend the parliamentary proceedings and
report to him any unlawful functioning if any. Financial powers
• A money bill can be introduced in the parliament
Appointment powers only with the president’s recommendation.
The president appoints as prime minister, the person • The president lays the Annual Financial Statement,
most likely to command the support of the majority i.e. the Union budget, before the parliament.
in the Lok Sabha (usually the leader of the majority • The president can take advances out of the
party or coalition). the president then appoints Contingency Fund of India to meet unforeseen
the other members of the Council of Ministers, expenses.
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 17 Constitution of India

• The president constitutes a Finance Commission Emergency powers

every five years to recommend the distribution of The president can declare three types of
the taxes between the centre and the States. The emergencies: national, state and financial, under
most recent was constituted in 2017. articles 352, 356 & 360 in addition to promulgating
ordinances under article 123.
Diplomatic powers
All international treaties and agreements are National emergency
negotiated and concluded on behalf of the president. A national emergency can be declared in the whole
However, in practice, such negotiations are usually of India or a part of its territory for causes of war
carried out by the prime minister along with his or armed rebellion or an external aggression. Such
Cabinet (especially the Foreign Minister). an emergency was declared in India in 1962 (Indo-
Also, such treaties are subject to the approval of China war), 1971 (Indo-Pakistan war), and 1975 to
the parliament. The president represents India 1977 (declared by Indira Gandhi).
in international forums and affairs where such a Under Article 352 of the India constitution, the
function is chiefly ceremonial. The president may president can declare such an emergency only on the
also send and receive diplomats, i.e. the officers basis of a written request by the cabinet of ministers
from the Indian Foreign Service. The president is headed by the prime minister. Such a proclamation
the first citizen of the country. must be approved by the parliament with an at least
two-thirds majority within one month. Such an
Military powers emergency can be imposed for six months. It can be
The president is the Supreme Commander of the extended by six months by repeated parliamentary
Indian Armed Forces. The president can declare approval-there is no maximum duration.
war or conclude peace, on the advice of the Union In such an emergency, Fundamental Rights of Indian
Council of Ministers headed by the prime minister. citizens can be suspended. The six freedoms under
All important treaties and contracts are made in the Right to Freedom are automatically suspended.
president’s name. However, the Right to Life and Personal Liberty
cannot be suspended (Article 21).
Pardoning powers The president can make laws on the 66 subjects of
As mentioned in Article 72 of the Indian constitution, the State List (which contains subjects on which the
the president is empowered with the powers to grant state governments can make laws). Also, all money
pardons in the following situations: bills are referred to the president for approval. The
• Punishment is for an offence against Union law. term of the Lok Sabha can be extended by a period
• Punishment is by a military court. of up to one year, but not so as to extend the term of
• A sentence that is of death. parliament beyond six months after the end of the
The decisions involving pardoning and other rights declared emergency.
by the president are independent of the opinion National Emergency has been proclaimed 3 times
of the prime minister or the Lok Sabha majority. in India till date. It was declared first in 1962 by
In most cases, however, the president exercises President Sarvepalli Radhakrishnan, during the
his executive powers on the advice of the prime Sino-Indian War. This emergency lasted through
minister and the cabinet. the Indo- Pakistani War of 1965 and up to 1968.
It was revoked in 1968. The second emergency in
India was proclaimed in 1971 by President V. V.
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 18 Constitution of India

Giri on the eve of the Indo-Pakistani War of 1971. government issued per the provisions of the
The first two emergencies were in the face of external constitution.
aggression and War. They were hence external
emergencies. Even as the second emergency was This type of emergency needs the approval of the
in progress, another internal emergency was parliament within 2 months. It can last up to a
proclaimed by President Fakhruddin Ali Ahmed, maximum of three years via extensions after each
with Indira Gandhi as prime minister in 1975. In 6-month period. However, after one year it can be
1977, the second and the third emergencies were extended only if
together revoked. 1. A state of National Emergency has been
declared in the country or in the particular
State emergency state.
If the president is not fully satisfied, on the basis 2. The Election Commission finds it difficult to
of the report of the governor of the concerned state organise an election in that state.
or from other sources that the governance in a state The Sarkaria Commission held that presidents have
cannot be carried out according to the provisions unconstitutionally misused the provision of Article
in the constitution, he can proclaim under Article 356 many times for achieving political motives, by
356 a state of emergency in the state.[6] Such an dismissing the state governments although there
emergency must be approved by the parliament was no constitutional break down in the states.
within a period of 2 months. During 2005, President’s rule was imposed in Bihar
Under Article 356 of the Indian constitution, it state, misusing Article 356 unconstitutionally to
can be imposed from six months to a maximum prevent the democratically elected state legislators
period of three years with repeated parliamentary to form a government after the state elections.
approval every six months. If the emergency needs There is no provision in the constitution to re-
to be extended for more than three years, this can promulgate president’s rule in a state when the
be achieved by a constitutional amendment, as has earlier promulgation ceased to operate for want of
happened in Punjab and Jammu and Kashmir. parliaments approval within two months duration.
During such an emergency, the president can During 2014 in Andhra Pradesh, president’s rule
take over the entire work of the executive, and was first imposed on 1 March 2014 and it ceased
the governor administers the state in the name of to operate on 30 April 2014. President’s rule was
the president. The Legislative Assembly can be promulgated after being fully aware that the earliest
dissolved or may remain in suspended animation. parliament session is feasible at the end of May
The parliament makes laws on the 66 subjects of 2014 after the general elections. It was reimposed
the state list. again unconstitutionally on 28 April 2014 by the
president.
A State Emergency can be imposed via the following:
1. By Article 356 – If that state failed to run Financial emergency
constitutionally, i.e. constitutional machinery Article 282 accords financial autonomy in
has failed. When a state emergency is imposed spending the financial resources available with the
under this provision, the state is said to be states for public purpose. Article 293 gives liberty
under “President’s rule. to states to borrow without any limit to its ability for
2. By Article 365 – If that state is not working its requirements within the territory of India without
according to the direction of the Union any consent from the Union government. However,
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 19 Constitution of India

Union government can insist for compliance of Certain office-holders, however, are permitted to
its loan terms when a state has outstanding loan stand as presidential candidates. These are:
charged to the consolidated fund of India or an • The current vice-president
outstanding loan in respect of which a guarantee • The governor of any state
has been given by the Government of India under • A Minister of the Union or of any state (including
the liability of consolidated fund of India. prime minister and chief ministers)
Under article 360 of the constitution, the In the event that the vice-president, a state governor
president can proclaim a financial emergency when or a minister is elected president, they are considered
the financial stability or credit of the nation or of to have vacated their previous office on the date
any part of its territory is threatened.[6] However, they begin serving as president.
until now no guidelines defining the situation of A member of parliament or of a State Legislature
financial emergency in the entire country or a state can seek election to the office of the president but
or a union territory or a panchayat or a municipality if he is elected as president, he shall be deemed
or a corporation have been framed either by the to have vacated his seat in parliament or State
finance commission or by the central government. Legislature on the date on which he enters upon his
Such an emergency must be approved by the office as President [Article 59(1)].
parliament within two months by a simple majority. Article 57 provides that a person who holds, or
It has never been declared.[40]:604 A state of who has held, office as president shall, subject to
financial emergency remains in force indefinitely the other provisions of this constitution, be eligible
until revoked by the president. for re-election to that office.
The president can reduce the salaries of all Under the Presidential and Vice-Presidential
government officials, including judges of the Elections Act, 1952, a candidate to be nominated
supreme court and high courts, in cases of a for the office of president needs 50 electors as
financial emergency. All money bills passed by proposers and 50 electors as secondary for his name
state legislatures are submitted to the president for to appear on the ballot.
approval. He can direct the state to observe certain
principles (economy measures) relating to financial Conditions for the presidency
matters. Certain conditions, per Article 59 of the Indian
constitution, debar an otherwise eligible citizen from
Eligibility contesting the presidential elections. The conditions are:
Article 58 of the constitution sets the principal • The president shall not be a member of either house
qualifications one must meet to be eligible to the of the parliament or of a house of the legislature of
office of the president. A president must be: any state, and if a member of either house of the
• a citizen of India parliament or of a house of the legislature of any
• of 35 years of age or above state be elected president, he shall be deemed to have
• qualified to become a member of the Lok Sabha vacated his seat in that house on the date on which he
A person shall not be eligible for election as enters upon his office as president.
president if he holds any office of profit under the • The president shall not hold any other office of profit.
Government of India or the Government of any • The president shall be entitled without payment of
State or under any local or other authority subject rent to the use of his official residences and shall be
to the control of any of the said Governments. also entitled to such emoluments, allowances and
privileges as may be determined by parliament by
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 20 Constitution of India

law and until provision in that behalf is so made, Each elector casts a different number of votes. The
such emoluments, allowances and privileges as are general principle is that the total number of votes
specified in the Second Schedule. cast by Members of parliament equals the total
• The emoluments and allowances of the president number of votes cast by State Legislators. Also,
shall not be diminished during his term of office. legislators from larger states cast more votes than
those from smaller states. Finally, the number
Election process of legislators in state matters; if a state has few
Whenever the office becomes vacant, the new legislators, then each legislator has more votes; if a
president is chosen by an electoral college state has many legislators, then each legislator has
consisting of the elected members of both houses fewer votes.
of parliament (M.P.s), the elected members of the The actual calculation for votes cast by a particular
State Legislative Assemblies (Vidhan Sabha) of all state is calculated by dividing the state’s population
States and the elected members of the legislative by 1000, which is divided again by the number of
assemblies (MLAs) of union territories with legislators from the State voting in the electoral
legislatures, i.e., National Capital Territory (NCT) college. This number is the number of votes per
of Delhi, Jammu and Kashmir, and Puducherry. legislator in a given state. Every elected member
The election process of President is more extensive of the parliament enjoys the same number of
process than prime minister who is also elected votes, which may be obtained by dividing the
indirectly (not elected by people directly) by the total number of votes assigned to the members of
Lok Sabha members only. legislative assemblies by the total number of elected
Whereas President being the constitutional head representatives of the parliament.
with duties to protect, defend and preserve the Although Indian presidential elections involve
constitution and rule of law in a constitutional actual voting by MPs and MLAs, they tend to vote
democracy with constitutional supremacy, is elected for the candidate supported by their respective
in an extensive manner by the members of Lok parties.
Sabha, Rajya Sabha and state legislative assemblies
in a secret ballot procedure. Oath or affirmation
The nomination of a candidate for election to the The president is required to make and subscribe in
office of the president must be subscribed by at the presence of the Chief Justice of India—or in
least 50 electors as proposers and 50 electors as his absence, the senior-most judge of the supreme
seconders. Each candidate has to make a security court—an oath or affirmation that he/she shall
deposit of ₹15,000 (US$210) in the Reserve Bank protect, preserve and defend the constitution as
of India. The security deposit is liable to be forfeited follows:
in case the candidate fails to secure one-sixth of the I, (name), do swear in the name of God (or
votes polled. solemnly affirm) that I will faithfully execute the
The election is held in accordance with the system office of President (or discharge the functions of
of proportional representation (PR) by means of the the President) of the Republic of India, and will to
single transferable vote (STV) method. The voting the best of my ability preserve, protect and defend
takes place by a secret ballot system. The manner the Constitution and the law, and that I will devote
of election of President is provided by Article 55 of myself to the service and well-being of the people
the constitution. of the Republic of India.
— Article 60, Constitution of India
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 21 Constitution of India

09. List out The Amendment of The • If a bill seeks to amend the federal provisions of
Constitutional Powers and Procedure the Constitution, it must also be ratified by the
Ans: Part XX of the Constitution of India has only legislatures of half of the states by a simple majority.
one article that is Article 368 that deals with the • Once the bill is passed in both houses, the bill is sent
amendment of the Constitution. As per this article, to president for approval. The 24th Amendment Act
Parliament may add, amend or repeal any provision of 1971 had made it obligatory for the President
of the constitution as per the procedure laid down for to give his assent to a constitutional Amendment
this purpose. However, in the Kesavanand Bharati Bill. Thus, for a Constitution amendment bill, a
Case 1973, the Supreme Court has ruled that the President can neither withhold his assent not return
Parliament cannot amend those provisions which the bill for reconsideration.
constitute the Basic Structure of the Constitution.
Power of Parliament to amend the Constitution and
Procedure for Amendment procedure there for.-
• A constitution amendment bill can be introduced in • Notwithstanding anything in this Constitution,
any house of the parliament. A bill for the purpose of Parliament may in exercise of its constituent power
amendment of constitution can NOT be introduced amend by way of addition, variation or repeal any
in any state legislature. provision of this Constitution in accordance with
• The Ordinance making power of the President can the procedure laid down in this article.
NOT be usedto amend the Constitution. • An amendment of this Constitution may be initiated
• A constitution amendment bill can be introduced only by the introduction of a Bill for the purpose
both as a government bill or a private member bill. in either House of Parliament, and when the Bill
However, if it’s a Private Member, then it has to be is passed in each House by a majority of the total
examined in the first instance and recommended for membership of that House present and voting, [it
introduction by the Committee on Private Members’ shall be presented to the President who shall give
Bills and Resolutions before it is included for his assent to the Bill and thereupon] the Constitution
introduction in the List of Business. shall stand amended in accordance with the terms
• Prior recommendation of President is NOT needed of the Bill: Provided that if such amendment seeks
in introducing the constitution amendment bills. to make any change in -
• Constitution Amendment Bills are not treated as (a) Article 54, Article 55, Article 73, Article 162
Money Bills or Financial Bills evenif they have or Article 241, or
some provisions related to them. (b) Chapter IV of Part V, Chapter V of Part VI, or
• A constitution amendment bill must pass in both the Chapter I of Part XI, or
houses separately by absolute + special majority (c) any of the Lists in the Seventh Schedule, or
• {absolute → more than 50% of strength; special → (d) the representation of States in Parliament, or
2/3 of present and voting}. (e) the provisions of this article, the amendment
• If there is a disagreement between the two houses shall also require to be ratified by the
on a constitution amendment bill, there is NO Legislature of not less than one-half of the
provision of joint sitting to resolve the deadlock. States by resolution to that effect passed by
• The bills which result in some changes in the those Legislatures before the Bill making
constitution but passed by simple majority are not provision for such amendment is presented to
deemed to be Constitution Amendments. the President for assent.

Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 22 Constitution of India

• Nothing in Article 13 shall apply to any amendment (2) in the manner provided. Any attempt to amend
made under this article. the Constitution by a Legislature other than
• No amendment of this Constitution (including Parliament and in a manner different from that
the provisions of Part III) made or purporting to provided for will be void and inoperative
have been made under this article whether before
or after the commencement of Section 55 of the Legislative Procedure and Constitution
Constitution (Forty-second Amendment) Act, 1976 Amendment
shall be called in question in any court on any Article 368 is not a “complete code” in respect of
ground. the legislative procedure to be followed at various
• For the removal of doubts, it is hereby declared stages. There are gaps in the procedure as to how
that there shall be no limitation whatever on the and after what notice a Bill is to be introduced,
constituent power of Parliament to amend by way how it is to be passed by each House and how the
of addition, variation or repeal the provisions of this President’s assent is to be obtained. This point was
Constitution under this article. decided by the Supreme Court.
Having provided for the constitution of a Parliament
An analysis of the procedure prescribed by article and prescribed a certain procedure for the conduct of
368 for amendment of the Constitution shows that: its ordinary legislative business to be supplemented
by rules made by each House (article 118), the
(i) An amendment can be initiated only by the
makers of the Constitution must be taken to have
introduction of a Bill in either House of Parliament
intended Parliament to follow that procedure, so far
(ii) The Bill so initiated must be passed in each House as it may be applicable consistently with the express
by a majority of the total membership of that House provisions of article 368, when they entrusted to it
and by a majority of not less than two-thirds of power of amending the Constitution.
the members of that House present and voting. Hence, barring the requirements of special majority,
There is no provision for a joint sitting in case of ratification by the State Legislatures in certain
disagreement between the two Houses cases, and the mandatory assent by the President, a
(iii) When the Bill is so passed, it must be presented to Bill for amending the Constitution is dealt with the
the President who shall give his assent to the Bill Parliament following the same legislative process
(iv) Where the amendment seeks to make any change as applicable to an ordinary piece of legislation.
in any of the provisions mentioned in the proviso to In Lok Sabha, the Rules of Procedure and Conduct
article 368, it must be ratified by the Legislatures of of Business make certain specific provisions with
not less than one-half of the States regard to Bills for amendment of the Constitution.
(v) Such ratification is to be by resolution passed by the They relate to: (a) the voting procedure in the House
State Legislatures at various stages of such Bills, in the light of the
(vi) No specific time limit for the ratification of an requirements of article 368; and (b) the procedure
amending Bill by the State Legislatures is laid down; before introduction in the case of such Bills, if
The resolutions ratifying the proposed amendment sponsored by Private Members.
should, however, be passed before the amending A Bill for amendment of the Constitution by a
Bill is presented to the President for his assent. Private Member is governed by the rules applicable
(vii) The Constitution can be amended: to Private Members’ Bills in general. So, the period
(1) Only by Parliament of one month’s notice applies to such a Bill also.
In addition, in Lok Sabha, such a Bill has to be
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 23 Constitution of India

examined and recommended by the ‘Committee on The power and procedure for constitutional
Private Members’ Bills before it is included in the amendment in India has some special points of
List of Business. The Committee has laid down the interest:
following principles as guiding criteria in making (i) There is no separate constituent body for the purposes
their recommendations in regard to these Bills: of amendment of the Constitution; constituent
(i) The Constitution should be considered as a sacred power also being vested in the Legislature.
document— a document which should not be lightly (ii) Although Parliament must preserve the basic
interfered with and it should be amended only when framework of the Constitution, there is no other
it is found absolutely necessary to do so. Such limitation placed upon the amending power, that is
amendments may generally be brought forward to say, there is no provision of the Constitution that
when it is found that the interpretation of the various cannot be amended.
articles and provisions of the Constitution has (iv) The role of the States in Constitution amendment is
not been in accordance with the intention behind limited. The State Legislatures cannot initiate any
such provisions and cases of lacunae or glaring Bill or proposal for amendment of the Constitution.
inconsistencies have come to light. They are associated in the process of Constitution
(ii) Some time should elapse before a proper assessment amendment by the ratification procedure laid
of the working of the Constitution and its general down in article 368 in case the amendment seeks
effect is made so that any amendments that may to make any change in the any of the provisions
be necessary are suggested as a result of sufficient mentioned in the proviso to article 368. Besides, all
experience. that is open to them is (1) to initiate the process
(iii) Generally speaking, notice of Bills from Private for creating or abolishing Legislative Councils in
Members should be examined in the background their respective Legislatures and (2) to give their
of the proposal or measures which the Government views on a proposed Parliamentary Bill seeking to
may be considering at the time so that consolidated affect the area, boundaries or name of any State or
proposals are brought forward before the House by States which has been referred to them under the
the Government after collecting sufficient material proviso to article 358 a reference which does not
and taking expert advice. fetter the power of Parliament to make any further
(v) Whenever a Private Member’s Bill raises issues of amendments of the Bill.
far-reaching importance and public interest, the Bill Constitution Amendments (1950-2007): A Synoptic
might be allowed to be introduced so that public Review
opinion is ascertained and gauged to enable the During the last fifty-seven years of its operation,
House to consider the matter further. In determining the Constitution has been amended on ninety-
whether a matter is of sufficient public importance, four occasions: First—1951; Second— 1952;
it should be examined whether the particular Third—1954; Fourth and Fifth—1955; Sixth and
provisions in the Constitution are adequate to Seventh 1956; Eighth and Ninth—1960; Tenth
satisfy the current ideas and public demand at the and Eleventh—1961; Twelfth, Thirteenth and
time. In other words, the Constitution should be Fourteenth—1962; Fifteenth and Sixteenth—1963;
adapted to the current needs and demands of the Seventeenth—1964; Eighteenth, Nineteenth
progressive society and any rigidity which may and Twentieth—1966; Twenty-first— 1967;
impede progress should be avoided. Twenty-second and Twenty-third—1969;
Twentyfourth, Twenty-fifth, Twenty-sixth and
Twenty- seventh—1971; Twentyeighth, Twenty-
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 24 Constitution of India

ninth and Thirtieth—1972; Thirty-first and • Changes in the requirements of quorum in

Thirtysecond—1973; Thirty-third, Thirty-fourth Parliament.
and Thirty-fifth—1974; Thirty-sixth, Thirty- • Salaries and allowances of the members of
seventh, Thirty-eighth and Thirty- ninth—1975; Parliament.
Fortieth, Forty-first and Forty-second—1976; • Changes in the Rules of procedure in Parliament.
Forty-third—1977; Fortyfourth—1978; Forty- • Changes in the Privileges of the Parliament, its
fifth—1980; Forty-sixth—1982; Forty-seventh, members and its committees.
Forty-eighth, Forty-ninth, Fiftieth and Fifty- • Use of English language in Parliament or changes in
first—1984; Fifty-Second— 1985; Fifty-third, use of official langauges {Please note that insertion
Fifty-fourth and Fifty-fifth—1986; Fifty-sixth, of a language in 8th schedule or removal from it
Fiftyseventh and Fifty- eighth—1987; Fifty-ninth, would need an amendment bill to be passed as per
Sixtieth and Sixty-first— 1988; Sixty-second article 268}
and Sixty-third—1989; Sixty- fourth, Sixty-fifth, • Changes that need to redefine number of the judges
Sixty-sixth and Sixty-seventh—1990; Sixty-eighth of Supreme Court.
and Sixty-ninth— 1991; Seventieth, Seventy- • Changes that extend the jurisdiction of Supreme
first, Seventy-second, Seventy-third and Seventy- Court {Parliament can extend butcannot curtail
fourth—1992; Seventy-fifth and Seventy-sixth— jurisdiction of Supreme Court}.
1994; Seventyseventh and Seventy-eighth—1995; • Changes in elections to parliament and state
Seventy-ninth—1999; Eightieth, Eighty-first, legislatures; delimitation.
Eighty- second and Eighty-third—2000; Eighty- • Changes in scheduled areas (5th schedule) and
fourth and Eighty-fifth—2001; Eighty-sixth—2002; Tribal Areas (6th schedule)
Eighty- seventh, Eighty-eighth, Eighty-ninth, • Bills seeking to amend all other provisions can
Ninetieth, Ninety-first and Ninety-second—2003; be introduced in either House of Parliament.
Ninetythird—2005; Ninety-fourth—2006. Amendments that seek to change federal provisions
of the Constitution
Bills which result in changes but not deemed to
be Constitution Amendment Bills A Constitution Amendment Bill which seeks to
There are several amendments which result into make any change in articles relating to:—
some changes in the constitution but can be passed • the election of the President, or
in the houses by simple majorities. Such bills are • the extent of the executive power of the Union and
NOT considered to be Constitution Amendment the States, or
Bills for the purpose of Article 368. These include • the Supreme Court and the High Courts, or
the following: • distribution of legislative powers between the
• Admission or establishment of new states. Union and States, or representation of States in
• Formation of new states and alteration of areas, Parliament, or the very procedure for amendment
boundaries or names of existingstates. as laid down in article 368 of the Constitution
• Abolition or creation of legislative councils in The above bills will be first passed in the two
states. houses separately by absolute and special majority
• Changes in the Second Schedule-emoluments, and then also need to be ratified by legislatures of
allowances, privileges and so on of thepresident, at least half of the states by resolutions. Only after
the governors, the Speakers, judges, etc. this, the bill will be sent for presidential assent.

Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 25 Constitution of India

Presidential Assent to Constitution Amendment Bills India. The Privy Purse continued to be paid to
Constitution Amendment Bills passed by some of the royal families even after the twenty-
Parliament by the prescribed special majority and, sixth amendment to the Constitution of India in
where necessary, ratified by the requisite number 1971. There was two years legal battle and finally,
of State Legislatures are presented to the President all allowances and privileges provided to the royal
under article 368 of the Constitution under which families were ceased by the Central Government.
the President is bound to give his assent to such 3. Thirty-sixth amendment (1975) – Sikkim included
Bills. as an Indian State although after the Independence
of India many states including Pondicherry, Goa,
10. Explain the Historical Perspectives of The etc were incorporated in India but the addition of
Constitutional Amendments In India. Sikkim was a bit different. It is because Sikkim was
Ans: On 26 January 1950, the Constitution of India the first and the only associate state of the Indian
came into effect. With its adoption, India became Union. Before 1974 no concept of associate state
a Republic. The Constitution of India took 2 existed in the Indian Constitution. After the thirty-
years, 11 months and 18 days to get drafted. It is fifth amendment was made to the Article 2A of
the longest constitution in the world. From time the Indian constitution, the constitution was again
to time, amendments have been introduced in the amended in April 1975 in which Amendment 36
constitution for various reasons. These are majorly was introduced to repeal Article 2A, and add Article
for the welfare of the people of India. Below 371F. This was done to protect the unique identity
are some of the important amendments to the and old laws of Sikkim, along with other small
Constitution. amendments.
1. Seventh Amendment (1956) – States 4. Forty-second Amendment Act (1976)-
Reorganization Act 1956 on the linguistic basis Fundamental Duties Prescribed This amendment
and abolition of Class A, B, C, D states. Since the was enacted during the emergency (25 June
Independence of India, this amendment has been the 1975 – 21 March 1977) by the Indian National
most significant reform of the boundaries of state Congress government headed by Indira Gandhi. It
and territories of India. In this amendment, not only is the most controversial amendment in the Indian
the boundaries of state and territories were revised history. It is known as “mini- Constitution” or the
on the linguistic basis but also the four categories of “Constitution of Indira”. It is due to the Forty-
states (Part A, Part B, Part C and Part D states) were second Amendment to the Indian Constitution that
abolished. It is in this amendment that only certain India became a Socialist, Secular and Democratic
areas were classified as Union Territories. Republic. Changes were made to almost every part
2. Twenty-sixth Amendment (1971) – Abolition of of the Constitution which includes the Preamble
Privy Purse paid to the former ruler of states After too. New articles and sections were also included.
the independence of India in the year 1947, royal Fundamental duties were also added to the Indian
families of princely states were given Privy Purse Constitution. The changes made in the constitutional
(amount of money paid to the former ruler of the amendments were beyond judicial scrutiny. Many
states before the independence of India) to integrate more changes like including the directive principles
with India. In the year 1971, an amendment was were also introduced.
introduced in the Indian Constitution to abolish the 5. Fifty-Second Amendment (1985) – Defection to
policy of paying Privy Purse. In 1949, the royal another party after the election made illegal. Fifty-
families lost all ruling rights after merging with second Amendment to the Indian Constitution is
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 26 Constitution of India

commonly known as Anti- Defection Law. It added Article 243-W of municipalities and has also added
the tenth schedule to the Constitution of India which a newtwelfth schedule to the Constitution. The
laid down the process by which the legislators may aim of this Act is to revitalize and strengthen the
be disqualified on grounds of defection from one urban governments so that they may function as
party to another. There was a change in articles 101, effective units of local government. The act further
102, 190 and 191 due to this amendment. states there should be three types of municipalities
6. Sixty-first amendment (1989) - Voting age reduced in every state – A Nagar Panchayat, A municipal
from 21 to 18. It was in the Sixty-first Amendment council for a smaller urban area and A municipal
of 1989 that the voting age of elections to the Lok corporation for a larger urban area’.
Sabha and to the Legislative Assemblies of States 9. Eighty-sixth Amendment (2002) - Right to
was reduced from 21 years to 18 years. Amendment Education With the eighty-sixth amendment to
in Article 326 of the Indian Constitution led to this the Constitution of India, free and compulsory
change as the article is concerned about elections education for the children under the age of 6 to 14
to the Lok Sabha and the Assemblies. The decision was made as a fundamental right. A new article
was taken keeping in mind that the youth of India 21A was inserted below the Article 21 in the
is given an opportunity to become a part of the Eighty-sixth Amendment in the year 2002 to make
political process instead of being unrepresented. this a fundamental right. Through this amendment
Therefore, the voting age was reduced. education for all children below 6 years became
7. Seventy-third Amendment (1993)-Introduction a Directive Principle for State Policy (DPSP).
of Panchayati Raj, the addition of Part IX to the This amendment also made the opportunities for
constitution. This amendment added part IX to the education to a child, a fundamental duty of the
Indian Constitution and was entitled “Panchayats”. child’s parents. Under this amendment, no child is
It was passed in April 1993 by the Parliament. It liable to pay any kind of fee for education below
is because of this amendment that a constitutional 14 years of age. Theschool should have basic
status was provided to the Panchayati Raj facilities such as trained teachers, playgrounds, and
institutions in India. Article 243 was also inserted infrastructure.
to Part IX of the Constitution. This amendment 10. One hundred and First Amendment (2016) -
deals with Article 243-G and contains 29 functional Introduction of GST Under this amendment, the
items. It has given practical shape to Article 4Q of Goods and Service Tax was introduced in India on
the Constitution. It is because of this amendment July 1, 2017. This act contains the provisions which
that the Panchayati Raj institutions are given a are necessary for the implementation of the GST
constitutional status. The act has provisions which regime. There are 20 sections in this amendment.
are grouped into two categories- compulsory and 11. One Hundred and Second Constitutional
voluntary. Amendment (2018) – Establishment of NCBC
8. Seventy-fourth Amendment ( 1993)- Introduction through the 123rd constitutional amendment bill
of Nagarpalikas and MunicipalitiesIt is due to 2018 and 102nd amendment act, the National
this Amendment Act that the municipalities were Commission for Backward Classes was formatted.
given constitutional status and they came under Under the act, the inclusion and exclusion of the
the purview of judicial review. This Amendment backward communities for reservation in jobs.
consists of provisions from Articles 243-P to 12. One Hundred and Third Constitutional
243-ZG and is entitled as ‘The Municipalities’. It Amendment (2019) – Abrogation of Article 370
contains 18 functional items which are listed under and 35 A The state of Jammu & Kashmir which
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 27 Constitution of India

was granted a special status under Article 370 was 2. Executive (Government/Prime Minister and
scrapped in 2019 asserting that the this will ensure Council of Ministers) – Implements laws.
the development of the state and free the region 3. Judiciary (Supreme Court and High Courts) –
from terrorism. Interprets laws and checks misuse of power.
Under 35 A which defines “permanent residents”
of the J&K state and also used to provide special Mechanisms that ensure balance between the
rights to protect permanent residents of the state has Legislature and Executive
been scrapped. A. The Executive is Accountable to the Legislature:
13. The Citizenship Amendment Act (2019) – Indian The Council of Ministers, headed by the Prime
Nationality to Non-Muslim Refugees Under the Minister, is collectively responsible to the Lok
Citizenship Amendment Act of 1955 which was Sabha (Article 75(3)). This means the legislature
passed in 2019, Indian citizenship will be given to (Parliament) has the power to question and control
Hindu, Sikh, Buddhist, Jain, Parsi, and Christian the executive through debates, discussions, and
religion minorities who are persecuted because motions. Ex: No-Confidence Motion – If the Lok
of religion from Muslim neighboring countries Sabha passes a no-confidence motion against the
like Bangladesh, Afghanistan, Pakistan before government, the Prime Minister and the entire
December 2014. Council of Ministers must resign.
B. Legislative Control over the Executive: The
11. How does the parliamentary system in Parliament exercises control over the executive
India ensure the separation of powers and through various means:
maintain the balance between the legislature Question Hour – Ministers must answer questions
and the executive? asked by Members of Parliament (MPs) regarding
Ans: The parliamentary system of government, as government policies and actions. Ex: Ministers
adopted in India, is based on the British model. It have to respond to queries on economic policies,
ensures a balance of power between the Legislature defense deals, or welfare schemes.
(Parliament) and the Executive (Council of Ministers Zero Hour – MPs can raise urgent public issues
headed by the Prime Minister) through a system without prior notice. Ex: Issues like rising fuel
of checks and balances. Unlike the Presidential prices or economic crises can be discussed.
system, where the executive is separate, the Parliamentary Committees – These committees
Indian parliamentary system follows the principle scrutinize government spending, policies, and
of “Executive is a part of the Legislature.” The administration. Ex: The Public Accounts Committee
Constitution of India has incorporated mechanisms (PAC) examines the use of public funds by the
to maintain a balance and prevent the abuse of executive.
power by any one organ of the government. Censure Motion and No-Confidence Motion –
If the government loses the confidence of the Lok
Separation of Powers in the Indian Parliamentary Sabha, it must resign. Ex: In 1999, the Atal Bihari
System Vajpayee-led government lost a confidence motion
Although India does not follow a strict separation by just one vote and had to resign.
of powers like the U.S., it ensures a functional C. Executive’s Role in Lawmaking (Overlap of
division of powers among the three organs of the Powers): Although lawmaking is a legislative
government: function, the executive plays a significant role in
1. Legislature (Parliament) – Makes laws. the process:
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 28 Constitution of India

1. Prime Minister and Ministers are Members of Parliament (MPs) – Unlike in the Presidential system, the
executive is part of the legislature.
2. Government Initiates Bills – The majority of bills (including the Budget) are introduced by the government.
3. Ordinance Making Power (Article 123) – The President, on the advice of the Council of Ministers, can
issue ordinances when Parliament is not in session.
D. Judiciary as a Check on Both the Legislature and Executive: The judiciary ensures that both the executive and
legislature function within constitutional limits.
• Judicial Review (Article 13, 32, and 226) – The Supreme Court and High Courts have the power to declare any
law unconstitutional if it violates fundamental rights. Ex: In the Kesavananda Bharati Case (1973), the Supreme
Court ruled that Parliament cannot alter the basic structure of the Constitution.

Key Examples of Balance between the Legislature and Executive

Case/Incident How It Shows Balance of Power
Indira Gandhi’s Emergency (1975-77) The executive (government) misused emergency provisions, but later,
the 44th Constitutional Amendment Act (1978) was passed to limit
executive power.
Atal Bihari Vajpayee Government Lost the No-Confidence Motion in Lok Sabha and had to resign,
(1999) showing legislative supremacy over the executive.
Farm Laws (2020-2021) Passed as an ordinance by the executive, later repealed by Parliament
due to public opposition.
Judicial Striking Down of Laws The Supreme Court struck down Section 66A of the IT Act, 2000, for
violating fundamental rights.

The Indian parliamentary system ensures cooperation and coordination between the legislature and the executive
while maintaining checks and balances. The legislature controls the executive, while the executive plays a key
role in lawmaking. The judiciary acts as a watchdog to ensure that no organ oversteps its limits.
Thus, India follows a “harmonized separation of powers,” ensuring both stability and accountability in governance.

12. What are the constitutional powers and limitations of the President of India, and how do they
compare with those of the Prime Minister?
Ans:
Constitutional Powers and Limitations of the President of India and Comparison with the Prime Minister
The President of India is the constitutional head of state and the supreme commander of the armed forces. However,
India follows a parliamentary system of government, where the real executive powers lie with the Prime Minister
(PM) and the Council of Ministers. The President acts on the advice of the Council of Ministers, as per Article 74
of the Indian Constitution.
In this, we will explore:
1. Constitutional powers of the President of India
2. Limitations on the President’s powers
3. Comparison between the President and the Prime Minister

Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 29 Constitution of India

Constitutional Powers of the President of India • Ordinance-making power (Article 123):

The President’s powers are categorized into six o The President can issue ordinances when
major types: Parliament is not in session, but they must
A. Executive Powers (Article 53, 77, 78) be approved by Parliament within six
• The President is the head of the Executive weeks of its next session.
branch of the government. Example: In 2019, President Ram Nath Kovind
• All executive actions of the Union Government signed the Jammu and Kashmir Reorganisation
are carried out in the President’s name. Ordinance, which led to the revocation of Article
• Appoints key officials: 370.
o Prime Minister (Article 75)
o Council of Ministers on the advice of the PM C. Financial Powers (Article 112, 266)
o Governors of States (Article 155) • The President ensures that the Union Budget is
o Chief Justice of India and Supreme Court laid before Parliament (Article 112).
Judges (Article 124) • No money bill can be introduced in Parliament
o High Court Judges (Article 217) without the President’s recommendation
o Attorney General of India (Article 76) (Article 110).
o Chief Election Commissioner and other • The Contingency Fund of India is at the
Election Commissioners President’s disposal to meet unforeseen
• The President represents India in international expenditures (Article 267).
affairs, appoints ambassadors, and signs Example: The Union Budget for the financial
treaties (subject to parliamentary approval). year 2024-25 was presented only after President
Example: After the 2014 General Elections, President Droupadi Murmu approved the Finance Bill.
Pranab Mukherjee appointed Narendra Modi as
the Prime Minister because his party (BJP) had a D. Judicial Powers (Article 72)
majority in the Lok Sabha. • The President has the power to grant pardons,
reprieves, respites, or remissions of punishment
B. Legislative Powers (Article 85, 86, 111, 123) under Article 72.
• Summons and dissolves Parliament: • Can pardon a death sentence or commute it to
o Can dissolve the Lok Sabha on the advice a lesser punishment.
of the PM. Example: In 2022, President Ram Nath Kovind
o Calls joint sessions of Parliament (Article rejected the mercy petition of a convict in the
108). Nirbhaya case, leading to his execution.
• Addressing Parliament:
o At the beginning of the first session each E. Emergency Powers (Articles 352, 356, 360)
year, the President addresses both Houses. The President can declare emergencies under the
• Approval of Bills: following circumstances:
o A Bill passed by Parliament becomes law 1. National Emergency (Article 352) – Declared
only after the President’s assent (Article when there is a war, external aggression, or
111). armed rebellion.
o The President can return a non-money o Example: 1975 Emergency declared
bill for reconsideration (except in the case by President Fakhruddin Ali Ahmed on
of a constitutional amendment). Indira Gandhi’s advice.
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 30 Constitution of India

2. State Emergency (President’s Rule) (Article 356) o The President cannot take independent
– If a state government fails to function according decisions except in certain emergency
to the Constitution, the President can dissolve it. situations.
o Example: Jammu & Kashmir was placed under o Example: The President must sign a bill sent
President’s Rule in 2018 after the coalition by Parliament (except for returning a non-
government collapsed. money bill once).
3. Financial Emergency (Article 360) – Declared if 2. Ordinance Power is temporary (Article 123).
India’s financial stability is threatened. o The President’s ordinances must be approved
o Example: No Financial Emergency has been by Parliament within six weeks or they cease
declared in India till now. to be valid.
3. Cannot refuse to appoint the PM from the majority
Limitations on the President’s Powers party in Lok Sabha.
Despite holding extensive constitutional powers, the o Example: In 2019, President Ram Nath
President is not an absolute ruler. The following Kovind had to appoint Narendra Modi as PM
limitations apply: since BJP won the majority.
1. Acts on the advice of the Prime Minister and 4. Cannot remove the Prime Minister as long as they
Council of Ministers (Article 74). have majority support in the Lok Sabha.

Comparison between the President and the Prime Minister

Aspect President of India Prime Minister of India
Position Head of State (Ceremonial Head) Head of Government (Real Executive)
Appointment Elected by Electoral College Appointed by the President
Executive Power Nominal Executive Real Executive
Decision Making Acts on the advice of the PM and Cabinet Takes major decisions
Emergency Power Can declare Emergency (on PM’s advice) Advises President on emergencies
Legislative Role Can summon/dissolve Parliament, approve Leader of the ruling party in Lok Sabha
bills
Judicial Power Grants pardons and reprieves No judicial power
Accountability Not directly accountable to Parliament Directly accountable to Parliament
• The President of India is the symbolic head of the country, while the Prime Minister holds real power and governs
the nation.
• The President’s role is more of a constitutional guardian, whereas the PM is the decision-maker in national affairs.
• The system ensures a balance of power between the executive, legislative, and judiciary in India’s parliamentary
democracy.

13. Explain the procedure for amending the Constitution of India as per Article 368. What are the
different types of amendments?
Ans: Amendment of the Constitution of India as per Article 368
The Constitution of India is a dynamic document that allows amendments to adapt to changing political, social,
and economic needs. Article 368 of the Indian Constitution provides the procedure for amending the Constitution.

Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 31 Constitution of India

Need for Constitutional Amendments Procedure for Amending the Constitution

• To accommodate social, economic, and political (Article 368)
changes. Step 1: Introduction of the Amendment Bill
• To correct ambiguities or remove inconsistencies. • The amendment bill can be introduced in
• To strengthen the democratic framework. either House of Parliament (Lok Sabha or
• To address demands for autonomy or reorganization Rajya Sabha).
of states. • Who can introduce?
Types of Amendments in the Indian Constitution o A minister or a private member.
The Constitution provides three types of amendment o It does not require prior permission from
procedures: the President.
(a) Amendment by Simple Majority Step 2: Debate and Approval in Parliament
• These amendments do not fall under Article 368 • The bill must be passed in both Houses
and can be passed by a simple majority of members separately by:
present and voting in both Houses of Parliament. o A simple majority of the total membership.
• Used for non-federal provisions such as: o A special majority (two-thirds of members
o Formation of new states (Article 3). present and voting).
o Admission or establishment of new states. Step 3: Ratification by States (If Required)
o Citizenship provisions. • If the amendment affects the federal structure,
o Delimitation of constituencies. it must be approved by at least half of the state
o Quorum requirements in Parliament. legislatures.
(b) Amendment by Special Majority (Article 368(2)) • There is no time limit for states to ratify the
• Requires a two-thirds majority of members present bill.
and voting in both the Lok Sabha and Rajya Sabha. Step 4: President’s Assent
• Used for amending most provisions of the • Once passed by Parliament and ratified by
Constitution, including: states (if required), the bill is sent to the
o Fundamental Rights (except those requiring President.
state ratification). • The President cannot refuse to give assent.
o Directive Principles of State Policy (DPSP). Step 5: Amendment Becomes Law
o The powers of the President and Parliament. • After the President’s assent, the amendment
(c) Amendment by Special Majority and State is added to the Constitution and comes into
Ratification (Article 368(2)) effect.
• Requires approval by a two-thirds majority in
Parliament, followed by ratification by at least half
of the state legislatures.
• Used for amending federal provisions, such as:
o The election of the President (Article 54 & 55).
o Distribution of legislative powers between the
Union and the States (Seventh Schedule).
o Representation of states in Parliament.
o The powers of the Supreme Court and High
Courts.

Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 32 Constitution of India

Important Constitutional Amendments in India

Amendment Key Changes
1 Amendment (1951)
st
Restricted fundamental rights in favor of land reforms.
42 Amendment (1976)
nd
Strengthened the central government, added “Socialist,
Secular” to the Preamble.
44 Amendment (1978)
th
Limited the powers of the government during Emergency.
73 & 74 Amendments (1992) Introduced Panchayati Raj and Urban Local Bodies.
rd th

101st Amendment (2016) Introduced the Goods and Services Tax (GST).

The amendment procedure under Article 368 • Key Provisions:

ensures flexibility while maintaining the sanctity • Changes to the Preamble: Added the words
of the Constitution. It allows Parliament to adapt “Socialist”, “Secular”, and “Integrity” to the
the Constitution to changing times while preserving Preamble of the Indian Constitution.
democratic principles. The three-tier amendment • Fundamental Duties (Article 51A): A new Part
process safeguards the federal structure and IV-A was added, listing 10 Fundamental Duties for
fundamental rights, ensuring balanced governance. citizens.
• Directive Principles of State Policy (DPSP)
14. Discuss the significance of the 42nd and 44th Strengthened: Gave DPSPs primacy over
Constitutional Amendments in shaping Fundamental Rights in case of conflict (Article 39B
Indian democracy. and 39C).
Ans: Significance of the 42nd and 44th Constitutional • Limits on Judicial Review: Restricted the power
Amendments in Shaping Indian Democracy of the Supreme Court and High Courts to review
The 42nd and 44th Constitutional Amendments constitutional amendments (Article 368).
are among the most significant amendments in • Extended the Life of Lok Sabha and State
India’s constitutional history. The 42nd Amendment, Assemblies: Increased the term from 5 years to 6
enacted during the Emergency period (1975-77), years (later reversed by the 44th Amendment).
expanded the powers of the central government, • Gave More Power to the Central Government:
whereas the 44th Amendment, passed after the Weakened federalism by increasing the powers of
Emergency, restored democratic values by Parliament over state governments.
safeguarding fundamental rights and limiting • Impact on Indian Democracy:
executive overreach. • Weakened Fundamental Rights: Restricted judicial
The 42nd Constitutional Amendment (1976) – “The review and made it harder for courts to check the
Mini-Constitution” government’s power.
• Increased Centralization: Reduced the powers of
Background: state governments, weakening the federal structure.
• Introduced during the Emergency period by the • Reduced Judicial Independence: By limiting
Indira Gandhi government. judicial review, the amendment made it difficult for
• Considered one of the most controversial courts to safeguard constitutional rights.
amendments as it increased the power of the
Because of its authoritarian nature, many provisions of
central government and weakened the judiciary and
the 42nd Amendment were later repealed by the 44th
fundamental rights.
Amendment.
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 33 Constitution of India

The 44th Constitutional Amendment (1978) – end after six months unless reapproved.
“Restoring Democracy” 4. Protection Against Preventive Detention:
o Restored the Right to Life and Liberty (Article
Background: 21), making it stronger.
• Introduced by the Janata Party government under o Stated that no person could be detained beyond
Prime Minister Morarji Desai after the Emergency 2 months without judicial review.
period. 5. Restored the Term of Lok Sabha and State
• Aimed to restore democratic values and undo the Assemblies to 5 Years:
excesses of the 42nd Amendment. o Reversed the 42nd Amendment’s extension of
tenure to 6 years.
Key Provisions: 6. Strengthened Judicial Review:
1. Restoration of Fundamental Rights: o Restored the Supreme Court’s power to
o Reversed the supremacy of Directive Principles review constitutional amendments and protect
over Fundamental Rights. Fundamental Rights.
o Reaffirmed that Fundamental Rights cannot be
diluted arbitrarily. Impact on Indian Democracy:
2. Protection of Property Rights: • Strengthened Fundamental Rights: Citizens’
o Deleted Right to Property (Article 31) from rights were restored and protected from arbitrary
the list of Fundamental Rights and made it a government actions.
legal right (Article 300A). • Limited the Power of the Executive: Prevented
3. Safeguards Against Emergency Powers: future misuse of Emergency provisions.
o Made it difficult for a government to declare a • Restored Judicial Independence: Allowed the courts
National Emergency (Article 352). to check governmental power.
o Required the approval of both Houses of • Strengthened Federalism: Gave more autonomy
Parliament instead of just the Cabinet. back to the states.
o Added that the Emergency would automatically

Comparative Analysis of the 42nd and 44th Amendments

Increased central government Restored democracy,

Objective
power, restricted judiciary limited executive power
Impact on Strengthened (restored supremacy of
Weakened (gave priority to DPSP)
Fundamental Rights Fundamental Rights)
Judicial Review Limited power of courts Restored the power of courts
Made it easy to declare an Added safeguards against misuse of
Emergency Provisions
Emergency Emergency powers
Lok Sabha Term Reduced power of states Strengthened state autonomy
• The 42nd Amendment was an attempt to centralize power and limit democratic safeguards.
• The 44th Amendment corrected these excesses and ensured that democratic values and civil liberties were protected.
• These amendments highlight the importance of constitutional checks and balances to prevent authoritarian rule
and uphold the principles of democracy, federalism, and judicial independence.
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 34 Constitution of India

15. What are the three types of emergencies and Article 22 (Protection in cases of arrest and
provided under the Indian Constitution, and detention) can be suspended by a Presidential order.
how do they impact the fundamental rights • Article 20 (Protection against conviction of
of citizens? offenses) and Article 21 cannot be suspended even
Ans:Three Types of Emergencies under the Indian during an emergency (as per the 44th Amendment
Constitution and Their Impact on Fundamental Act, 1978).
Rights • The government gains absolute power to restrict
Introduction speech, movement, and press freedom.
The Indian Constitution provides provisions Historical Instances
for dealing with extraordinary situations that 1. 1962 – Declared during the Indo-China War.
may threaten the stability of the nation. These 2. 1971 – Declared during the Indo-Pak War.
provisions are known as emergency provisions, 3. 1975 – Declared by Prime Minister Indira Gandhi
and they empower the central government to take citing “internal disturbances”; led to a severe
decisive action when required. The three types of curtailment of civil liberties.
emergencies provided under the Indian Constitution
are: 2. President’s Rule or State Emergency (Article 356)
1. National Emergency (Article 352) Conditions for Imposition
2. President’s Rule or State Emergency (Article President’s Rule can be imposed in a state when:
356) • The state government fails to function as per
3. Financial Emergency (Article 360) constitutional provisions.
Each type of emergency has specific conditions • The Governor of the State reports that
under which it can be imposed and directly impacts governance in the state cannot be carried out
the fundamental rights of citizens. per the Constitution.
• It must be approved by both Houses of
1. National Emergency (Article 352) Parliament within two months and can last for
Conditions for Imposition six months, extendable up to three years with
A National Emergency can be declared by the President parliamentary approval.
of India when: Impact on Fundamental Rights
• The security of India or any part of it is threatened • The state legislature is dissolved or suspended.
by war, external aggression, or armed rebellion. • The Governor takes over executive powers on
• The President must receive a written behalf of the President.
recommendation from the Cabinet before declaring • No direct impact on fundamental rights, but
an emergency. the political rights of citizens, such as the right
• It must be approved by both Houses of Parliament to elect a government, is restricted.
within one month and can continue for six months, Historical Instances
with further extensions subject to parliamentary • President’s Rule has been imposed over 100
approval. times in different states.
Impact on Fundamental Rights • Frequent use in the 1970s and 1980s, leading
• Article 19 (Right to Freedom) gets suspended to criticism and the Supreme Court ruling in
automatically during a National Emergency. the S.R. Bommai Case (1994), which restricted
• Article 21 (Right to Life and Personal Liberty) the misuse of Article 356.

Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 35 Constitution of India

3. Financial Emergency (Article 360) 16. Under what conditions can a National
Conditions for Imposition Emergency be declared in India? Discuss its
A Financial Emergency can be declared when: effects on governance and federalism.
• The President believes that the financial Ans: Under What Conditions Can a National Emergency
stability or credit of India is threatened. Be Declared in India? Discuss Its Effects on
• It remains in effect until it is revoked by the Governance and Federalism.
President (no time limit mentioned). A National Emergency is a constitutional provision
Impact on Fundamental Rights that allows the central government to assume
• The salaries of government employees, extraordinary powers during times of crisis.
including judges, can be reduced. It is declared under Article 352 of the Indian
• The Union government gets control over Constitution.
financial matters of states. 1. Conditions for Declaring a National Emergency
• Citizens may face financial restrictions, such The President of India can declare a National
as restrictions on withdrawing money from Emergency if the security of India or any part of its
banks. territory is threatened due to:
• No direct suspension of fundamental rights, A. War
but economic hardships may affect citizens’ • When India is engaged in an official armed
standard of living. conflict with another country.
Historical Instances • Example: India-Pakistan War (1971), leading
• No Financial Emergency has been declared in to an emergency declaration.
India so far. B. External Aggression
The emergency provisions in the Indian Constitution • Even if war is not officially declared, any
are essential to protect the sovereignty, security, and armed attack or external threat can trigger an
stability of the country. However, their misuse can emergency.
lead to authoritarian rule, as seen during the 1975 • Example: The 1962 India-China War, which
National Emergency. led to the first National Emergency.
• National Emergency severely impacts C. Armed Rebellion (Earlier called Internal
fundamental rights, especially Article 19 and Disturbance)
Article 21. • If there is an uprising or violent rebellion
• President’s Rule affects governance at the state against the government.
level but does not directly curtail fundamental • Example: No National Emergency has been
rights. declared under this provision yet, but it was
• Financial Emergency can lead to economic introduced by the 44th Amendment Act (1978)
hardships but does not suspend fundamental to replace the term “internal disturbance.”
rights. 2. Procedure for Declaring a National Emergency
While emergencies are necessary for exceptional 1. Recommendation by the Cabinet:
situations, the 44th Amendment Act, 1978, o The Prime Minister and the Council of
introduced safeguards to prevent their misuse, Ministers must approve the proposal before it
ensuring that India remains a democratic nation. is sent to the President.
2. Presidential Proclamation:
o The President issues an official notification of
the emergency.
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 36 Constitution of India

3. Parliamentary Approval: o The President can direct state governments on

o The proclamation must be approved by both how to run administration.
Houses of Parliament within one month. 2. Legislative Powers:
o It requires a special majority (more than 50% o Parliament can make laws on any subject,
of total members & 2/3rd of present and including those in the State List.
voting). o State legislatures function but under Union
4. Duration and Renewal: control.
o Initially valid for six months and can be 3. Financial Powers:
extended indefinitely with parliamentary o The central government can modify financial
approval every six months. distribution between the Union and States.
5. Revocation: o Example: It can control state funds to manage
o The President can revoke it at any time. the crisis.
o It must be revoked if the Lok Sabha disapproves 4. Effects of National Emergency on Federalism
it by a simple majority. A National Emergency weakens the federal
3. Effects of National Emergency on Governance structure of India by shifting powers from states to
1. Executive Powers: the central government.
o The central government gains authority over
states.

Aspect Normal Situation During National Emergency

State Autonomy States have independent control Parliament can legislate on State
over subjects in the State List. List matters.
Executive Power State governments operate inde- Central government can override
pendently. state decisions.
Federalism Power-sharing between the Centre Strong unitary control by the
and States. Centre.

5. Impact on Fundamental Rights Example: During the 1975 Emergency, civil

A. Suspension of Rights (Article 358 & 359): liberties were curtailed, leading to mass arrests,
• Article 358: Automatically suspends Fundamental press censorship, and constitutional abuse.
Rights under Article 19 (Right to Freedom). A National Emergency is an extraordinary measure
• Article 359: Allows the President to suspend the to deal with war, external aggression, or armed
right to move courts for enforcement of Fundamental rebellion. While it allows the government to take
Rights (except Articles 20 and 21). decisive action, it also weakens democracy and
B. No Effect on Articles 20 & 21 federalism. The misuse of Emergency powers (such
• The 44th Amendment Act (1978) ensured that even as in 1975) has led to significant constitutional
during an emergency: safeguards through the 44th Amendment, ensuring
o Right to Protection from Conviction (Article that fundamental rights remain protected.
20) cannot be suspended. Thus, while necessary for national security, the
o Right to Life and Personal Liberty (Article 21) declaration of a National Emergency must be used
cannot be suspended. judiciously to protect democratic values.

Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 37 Constitution of India

17. Explain the constitutional framework for local o One-third reservation for women, including in
self-government in India. How do Panchayati leadership positions.
Raj institutions contribute to decentralized • State Election Commission: Conducts elections to
governance? Panchayati Raj institutions.
Explanation: Constitutional Framework for Local • State Finance Commission: Reviews the financial
Self-Government in India and the Role of Panchayati position of Panchayats every five years.
Raj Institutions in Decentralized Governance 2. The 74th Constitutional Amendment Act, 1992
Introduction (Urban Local Government - Municipalities)
Local self-government refers to the administration of This amendment added Part IX-A (Articles 243P
local areas by elected representatives of the people. to 243ZG) and introduced the Twelfth Schedule
In India, it is an essential aspect of democracy, listing 18 subjects related to urban governance. It
enabling governance at the grassroots level. The provided for:
73rd and 74th Constitutional Amendments provide • Three types of urban local bodies:
the constitutional framework for Panchayati Raj 1. Municipal Corporations (for large cities)
Institutions (PRIs) in rural areas and Municipalities 2. Municipal Councils (for medium-sized towns)
3. Nagar Panchayats (for small towns)
in urban areas, ensuring decentralized governance.
• Composition and Elections: Similar to the
Constitutional Framework for Local Self-
Panchayati Raj system.
Government
• Reservation and State Election Commission: Same
The Indian Constitution initially placed local self-
provisions as Panchayati Raj institutions.
government under the Directive Principles of State
How Panchayati Raj Institutions Contribute to
Policy (DPSP) in Article 40, which directed the
Decentralized Governance
state to organize village panchayats and endow
Decentralized governance means transferring
them with powers
power from the central and state governments to
to function as self-government units. However,
local bodies, enabling participatory democracy.
it was not mandatory until the 73rd and 74th Panchayati Raj Institutions (PRIs) play a crucial
Constitutional Amendments (1992) were enacted to role in this system by:
give local bodies constitutional status. 1. Strengthening Democracy at the Grassroots Level
1. The 73rd Constitutional Amendment Act, 1992 o PRIs allow local people to elect their
(Panchayati Raj System - Rural Governance) representatives and participate in governance.
This amendment added Part IX to the Constitution o They empower citizens to make decisions on
(Articles 243 to 243O) and introduced the Eleventh local development.
Schedule listing 29 subjects under the Panchayati 2. Efficient Delivery of Public Services
Raj system. It provided for: o Panchayats oversee essential services such
• Three-tier system of Panchayati Raj: as sanitation, water supply, rural health, and
1. Gram Panchayat (Village Level) education.
2. Panchayat Samiti (Block Level) o They improve service delivery by addressing
3. Zilla Parishad (District Level) local issues effectively.
• Elections: Direct elections every 5 years at all 3. Local Economic Development
levels. o Panchayats are responsible for rural
• Reservation of Seats: development programs like MGNREGA
o Scheduled Castes (SCs) and Scheduled Tribes (Mahatma Gandhi National Rural Employment
(STs) in proportion to their population. Guarantee Act).
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 38 Constitution of India

o They promote rural industries, self- Amendments, has significantly contributed

employment, and women’s empowerment. to decentralization in India. Panchayati Raj
4. Planning and Implementation of Development Institutions empower people at the grassroots level,
Schemes making governance more responsive, inclusive, and
o PRIs prepare local development plans based participatory. However, financial and administrative
on community needs. reforms are needed to make PRIs more autonomous
o They implement centrally sponsored schemes and effective in delivering public services.
such as PM Awas Yojana (housing) and
Swachh Bharat Abhiyan (sanitation). 18. How does the Indian Constitution ensure the
5. Empowerment of Marginalized Sections Right to Equality? Discuss with reference to
o Reservation for SCs, STs, and women ensures Articles 14–18.
political participation of underrepresented Ans: How Does the Indian Constitution Ensure the Right
groups. to Equality? Discuss with Reference to Articles 14–
o Women’s leadership in Panchayati Raj has led 18
to better governance and social welfare. Introduction
6. Disaster Management and Crisis Response The Right to Equality is a fundamental right
o Panchayats play a crucial role in handling enshrined in the Indian Constitution under Articles
local crises, including COVID-19 response, 14 to 18. It is one of the pillars of democracy,
natural disaster management, and public health ensuring that all citizens are treated equally before
emergencies. the law and that no one faces discrimination based
7. Encouraging Participatory Governance on religion, race, caste, sex, or place of birth.
o Gram Sabha meetings allow villagers to This right aims to eliminate social and economic
discuss issues, approve budgets, and hold inequalities and promote justice.
officials accountable.
o This reduces corruption and ensures The Right to Equality is divided into five key
transparency in governance. provisions:
1. Article 14 – Equality before Law
Challenges in Panchayati Raj System 2. Article 15 – Prohibition of Discrimination
Despite its benefits, the Panchayati Raj system 3. Article 16 – Equality of Opportunity in Public
faces several challenges: Employment
• Lack of financial autonomy: PRIs depend on state 4. Article 17 – Abolition of Untouchability
and central grants rather than generating their own 5. Article 18 – Abolition of Titles
revenue.
• Interference from state governments: Many Detailed Explanation of Articles 14–18
decisions require state approval, reducing 1. Article 14 – Equality before Law and Equal
Panchayats’ independence. Protection of Laws
• Capacity constraints: Lack of training and technical • Equality before Law: This means that all individuals,
knowledge among elected representatives. regardless of their status, are subject to the same
• Corruption and inefficiency: Misuse of funds and legal system. It follows the British concept of “Rule
bureaucratic delays hamper effectiveness. of Law,” which states that no one is above the law.
The constitutional framework for local self- • Equal Protection of Laws: This ensures that the
government, particularly the 73rd and 74th state provides equal treatment to all persons in
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 39 Constitution of India

similar situations, following the American concept these provisions provide strong protection against
of equality. discrimination, their effectiveness depends on
proper implementation and judicial interpretation.
2. Article 15 – Prohibition of Discrimination
• Prohibits discrimination against any citizen based 19. What are the six freedoms guaranteed under
on religion, race, caste, sex, or place of birth. Article 19 of the Indian Constitution? Under
• However, it allows special provisions for women, what circumstances can these rights be
children, and socially disadvantaged groups restricted?
(Scheduled Castes, Scheduled Tribes, and Other Ans: Article 19 of the Indian Constitution guarantees
Backward Classes). six fundamental freedoms to Indian citizens. These
freedoms form the core of democracy, allowing
3. Article 16 – Equality of Opportunity in Public individuals to express themselves, move freely, and
Employment engage in lawful activities. However, these rights
• Ensures equal employment opportunities in are not absolute and can be restricted by the State
government jobs. under certain conditions to maintain public order,
• Prohibits discrimination based on religion, race, morality, and national security.
caste, sex, descent, place of birth, or residence.
• Allows the state to make special provisions for SCs, Six Freedoms Under Article 19
STs, and OBCs in government employment. Article 19(1) of the Indian Constitution grants the
following six fundamental freedoms:
4. Article 17 – Abolition of Untouchability 1. Freedom of Speech and Expression [Article
• Declares untouchability as abolished and forbids its 19(1)(a)]
practice in any form. • Meaning: Citizens have the right to express
• The Untouchability (Offences) Act, 1955, later their opinions, beliefs, and ideas through
renamed the Protection of Civil Rights Act, 1976, speech, writing, gestures, or electronic media.
enforces this provision. • Importance: Essential for democracy, allowing
• The Scheduled Castes and Scheduled Tribes criticism of government policies and the spread
(Prevention of Atrocities) Act, 1989, further of information.
strengthens protection against caste-based • Landmark Case: Romesh Thapar v. State of
discrimination. Madras (1950) – The Supreme Court ruled that
freedom of speech and expression is essential
5. Article 18 – Abolition of Titles for a democracy.
Explanation: 2. Freedom to Assemble Peaceably and Without
• Prohibits the state from conferring titles (except Arms [Article 19(1)(b)]
military and academic distinctions). • Meaning: Citizens can gather peacefully for
• Prevents individuals from accepting foreign titles protests, demonstrations, and meetings.
without government permission. • Importance: Ensures people can collectively
• Aims to eliminate social hierarchies based on express their concerns and demand change.
hereditary or honorary titles. • Landmark Case: Ramlila Maidan Case (2012)
The Right to Equality (Articles 14–18) is a – Supreme Court upheld the right to peaceful
fundamental aspect of Indian democracy, ensuring protests but stated that violent protests can be
that all citizens are treated equally and fairly. While restricted.
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 40 Constitution of India

3. Freedom to Form Associations or Unions [Article 5. Freedom to Reside and Settle in Any Part of
19(1)(c)] India [Article 19(1)(e)]
• Meaning: Citizens can form groups, trade • Meaning: Citizens can choose their place of
unions, political parties, and professional residence and settle anywhere in India.
associations. • Importance: Encourages mobility and
• Importance: Allows collective bargaining and economic progress.
political participation. • Landmark Case: State of Rajasthan v. Praveen
• Landmark Case: Damyanti v. Union of India Goyal (2002) – Supreme Court ruled that the
(1971) – Supreme Court held that the right to right to settle can be restricted for certain
form associations also includes the right to vulnerable areas.
continue their existence. 6. Freedom to Practice Any Profession, Occupation,
4. Freedom to Move Freely Throughout India Trade, or Business [Article 19(1)(g)]
[Article 19(1)(d)] • Meaning: Citizens can engage in any legal
• Meaning: Citizens can travel and reside profession, trade, or business.
anywhere within India without restrictions. • Importance: Supports economic liberty and
• Importance: Promotes national unity and employment opportunities.
economic growth. • Landmark Case: Chintaman Rao v. State of
• Landmark Case: State of U.P. v. Kaushalya Madhya Pradesh (1950) – Supreme Court held
(1963) – Supreme Court upheld restrictions that unreasonable restrictions on businesses
imposed in certain cases for public safety. are unconstitutional.

Restrictions on Article 19 Freedoms

While Article 19 grants freedoms, the Constitution allows the government to impose reasonable restrictions under
Article 19(2) to 19(6) in the interest of:

Freedom Grounds for Restriction

Speech & Expression National security, public order, decency, morality, contempt of court,
defamation, incitement to an offense, and sovereignty of India.
Assembly Sovereignty, integrity, and public order (e.g., no violent protests).
Association Public order, morality, and national security (e.g., banning terrorist
organizations).
Movement National security, public health, and safety (e.g., restrictions in border
areas).
Residence Tribal areas protection, environmental concerns, or national security.
Trade & Profession Public interest, health regulations, and state control in certain sectors
(e.g., banning harmful professions like gambling).

Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 41 Constitution of India

20. How has the interpretation of Article 21 • Impact: This expanded the scope of Article
evolved over time? Discuss landmark 21, ensuring that any law restricting life or
Supreme Court cases that have expanded its personal liberty must also conform to natural
scope. justice principles.
Ans: How has the interpretation of Article 21 evolved 3. Sunil Batra v. Delhi Administration (1978) –
over time? Discuss landmark Supreme Court cases Rights of Prisoners
that have expanded its scope. • Facts: A prisoner challenged the inhumane
Introduction treatment in jail.
• Article 21 of the Indian Constitution states: • Judgment: The Supreme Court ruled that
“No person shall be deprived of his life or prisoners also have fundamental rights under
personal liberty except according to procedure Article 21, including protection from torture
established by law.” and inhumane treatment.
• Initially, the interpretation of Article 21 was • Impact: Ensured human dignity for prisoners
and improved jail conditions in India.
narrow, meaning that the government could
4. Francis Coralie Mullin v. Union Territory of
curtail life and personal liberty as long as there
Delhi (1981) – Right to Live with Dignity
was a law permitting it.
• Judgment: The court ruled that right to life
• Over time, the Supreme Court expanded the
includes the right to live with dignity and
meaning of “life” and “personal liberty” to
covers food, shelter, and clothing.
include various rights essential for a dignified
• Impact: Article 21 was expanded to include
existence.
basic necessities for a dignified life.
Evolution of Article 21 – Landmark Supreme Court
5. Olga Tellis v. Bombay Municipal Corporation
Cases
(1985) – Right to Livelihood
1. A.K. Gopalan v. State of Madras (1950) – Narrow • Facts: The Mumbai government evicted
Interpretation pavement dwellers, who challenged it under
• Facts: A.K. Gopalan, a communist leader, was Article 21.
detained under the Preventive Detention Act, • Judgment: The Supreme Court ruled that the
1950. He challenged it under Article 21. Right to Life includes the Right to Livelihood.
• Judgment: The Supreme Court ruled that • Impact: Forced evictions without rehabilitation
“procedure established by law” meant that were deemed unconstitutional.
as long as a law existed (even if unfair), the 6. Mohini Jain v. State of Karnataka (1992) – Right
government could restrict personal liberty. to Education
• Impact: This judgment gave the legislature • Facts: A student challenged excessive
a free hand, and Article 21 was interpreted capitation fees for medical education.
restrictively. • Judgment: The court ruled that the Right to
2. Maneka Gandhi v. Union of India (1978) – Education is an integral part of Article 21.
Expansive Interpretation • Impact: Led to the inclusion of Article 21A
• Facts: Maneka Gandhi’s passport was (Right to Education) in the Constitution.
confiscated by the government without a valid 7. Vishaka v. State of Rajasthan (1997) – Right to a
reason. She challenged it under Article 21. Safe Workplace
• Judgment: The Supreme Court ruled that • Facts: A social worker was brutally gang-
“procedure established by law” must be just, raped, highlighting the lack of workplace
fair, and reasonable. safety for women.
Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]
 42 Constitution of India

• Judgment: The Supreme Court framed • Judgment: The Supreme Court allowed passive
guidelines against sexual harassment at euthanasia, stating that the Right to Life also
workplaces. includes the Right to Die with Dignity.
• Impact: Led to the POSH Act, 2013 (Prevention • Impact: Led to guidelines on euthanasia and
of Sexual Harassment at Workplace Act). later, the Supreme Court officially legalized it
in 2018.
8. People’s Union for Civil Liberties (PUCL) v. 10. Justice K.S. Puttaswamy v. Union of India (2017)
Union of India (1997) – Right to Privacy – Right to Privacy as a Fundamental Right
• Facts: PUCL challenged phone tapping by the • Facts: The Aadhaar case raised concerns over
government. privacy violations.
• Judgment: The Supreme Court ruled that the • Judgment: The Supreme Court declared
Right to Privacy is part of Article 21. privacy a fundamental right under Article 21.
• Impact: Strengthened citizens’ protection from • Impact: Strengthened data protection laws and
arbitrary state surveillance. digital privacy rights in India.

9. Aruna Shanbaug v. Union of India (2011) – Right

to Die with Dignity
• Facts: Aruna Shanbaug was in a vegetative
state for over 42 years. A plea was filed to
allow euthanasia.

Ankushapur, Ghatkesar, Medchal Malkajgiri Dist., Telangana 501301 (EAPCET Code: ACEG)
Web: www.aceec.ac.in | Email: E-Mail: [email protected]