Unit 1

Making of Indian Constitution

A constitution is a set of fundamental rules that define how a country or state is
governed. It establishes the rights and duties of citizens, and the structure of the
government.

I. The Constituent Assembly of India

The Constituent Assembly of India was a body of elected representatives who drafted
the Constitution of India. It was also the first Parliament of India after the country's
independence in 1947.

Composition and Members of the Constituent Assembly of India

Initially, the number of members in constituent assembly was 389. However, once the
India-Pakistan partition was officially announced, some of the members of the
Assembly left for Pakistan and making the number come down to 299. Out of these 299
members, 229 were from the British provinces and 70 were nominations from the
princely states.

 Dr Sachchidananda Sinha was the first chairman of the Constituent Assembly,

put up temporarily.
 Later, Dr Rajendra Prasad was the first elected President of the Assembly

Committees of Constituent Assembly of India and their Chairmen

The Indian constitution is the lengthiest written constitution in the world, a fitting feat
for one of the biggest democracies in the world. For its smoother and more effective
functions, the members were divided into several committees. The table below lists the
several committees of the Constituent Assembly along with their chairmen:

Committees of Constituent Assembly of India

Drafting Committee Dr B R Ambedkar
Union Constitution Committee Jawaharlal Nehru
Union Powers Committee Jawaharlal Nehru
States Committee Jawaharlal Nehru
Steering Committee Dr Rajendra Prasad
Rules of Procedure Committee Dr Rajendra Prasad
Provincial Constitution Committee Sardar Vallabhbhai Patel

II. Preamble:
Key points about the Indian Preamble:

 Date of adoption of Preamble: Nov 26 th , 1949

 Date of enforcement of Preamble: Jan 26 th ,1950
 Source of Authority: The Preamble begins with "We, the People of India,"
signifying that the Constitution derives its power from the citizens of India.
 Nature of the State: It defines India as a "Sovereign Socialist Secular
Democratic Republic,"
 Sovereign: India is independent, and is not under the control of any other nation
 Socialist: Indian believes in democratic socialism (both public and private
enterprises is encouraged)
 Secular: All religions are equal in India, there is no national religion
 Democratic: The government is elected by the people for the betterment of the
people.
 Republic: The head of nation is elected by the people and not a hereditary
monarch
 Objectives of the Constitution: The Preamble outlines the goals of the
Constitution, which are to secure "Justice, Liberty, Equality, and Fraternity" for
all citizens.
 "Justice": This includes social, economic, and political justice, aiming to create a
fair society for all.
 "Liberty": Represents freedom of thought, expression, belief, faith, and worship.
 "Equality": Ensures equality of status and opportunity for all citizens.
 "Fraternity": Promotes a sense of brotherhood and unity among all citizens.

The terms Socialist and Secular were added in 42nd constitutional amendment act,
1976

III. Constitution of India – Major Features

The salient features of the Indian Constitution are listed and briefed below:
1. Lengthiest Written Constitution

 The Constitution of India has the distinction of being the lengthiest and detailed
Constitutional document the world has so far produced. In other words, the
Constitution of India is the lengthiest of all the written constitutions of the world.
 It is a very comprehensive, elaborate and detailed document.

2. Drawn from Various Sources

 The Constitution of India has borrowed most of its provisions from the
constitutions of various other countries as well as from the Government of India
Act of 1935
 Dr B R Ambedkar proudly acclaimed that the Constitution of India has been
framed after ‘ransacking all the known Constitutions of the world’.

3. Blend of Rigidity and Flexibility

 The Indian Constitution is a unique example of the combination of rigidity and

flexibility.
 A constitution may be called rigid or flexible on the basis of its amending
procedure.
 The Indian Constitution provides for three types of amendments ranging from
simple to most difficult procedures depending on the nature of the amendment.

4. Federal System with Unitary Bias/ Quasi Federalism

 It contains all the usual features of a federation, such as two governments,

division of powers, written constitution, the supremacy of the constitution, the
rigidity of the Constitution, independent judiciary and bicameralism.
 However, the Indian Constitution also contains a large number of unitary or non-
federal features, such as a strong Centre, single Constitution, appointment of
state governor by the Centre, all-India services, integrated judiciary, and so on.

5. Parliamentary Form of Government

 The parliamentary system is based on the principle of cooperation and

coordination between the legislative and executive organs.

 The Constitution establishes the parliamentary system not only at the Centre but
also in the States.

6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy

 The Supreme Court can declare the parliamentary laws as unconstitutional

through its power of judicial review.
 The Parliament can amend the major portion of the Constitution through its
constituent power.
7. Integrated and Independent Judiciary

 India has a single integrated judicial system.

 The Indian Constitution establishes Independent Judiciary by enabling the Indian
judiciary to be free from the influence of the executive and the legislature.
 The Supreme Court stands as the apex court of the judicial system. Below the
Supreme Court are the High Courts at the state level.

10. Fundamental Rights

 Part III of the Indian Constitution guarantees six fundamental rights to all
Citizens.
 Fundamental Rights are one of the important features of the Indian Constitution.
 The fundamental rights are meant for promoting the idea of political democracy.
 They are justiciable in nature, that is, enforceable by the courts for their
violation.

9. Directive Principles of State Policy

 According to Dr B R Ambedkar, the Directive Principles of State Policy is a ‘novel

feature’ of the Indian Constitution.
 They are enumerated in Part IV of the Constitution.
 The Directive Principles were included in our Constitution in order to provide
social and economic justice to our people.
 They are non-justiciable in nature.

10. Fundamental Duties

 The original constitution did not provide for the fundamental duties of the
citizens.
 Fundamental Duties were added to our Constitution by the 42nd Amendment Act
of 1976 on the recommendation of the Swaran Singh Committee.
 It lays down a list of ten Fundamental Duties for all citizens of India.

11. Universal Adult Franchise

 Indian democracy functions on the basis of ‘one person one vote’.

 Every citizen of India who is 18 years of age or above is entitled to vote in the
elections irrespective of caste, sex, race, religion or status.
 The Indian Constitution establishes political equality in India through the method
of universal adult franchise.

12. Single Citizenship

 In India, there is only single citizenship.

  It means that every Indian is a citizen of India, irrespective of the place of his/her
residence or place of birth.
 All the citizens of India can secure employment anywhere in the country and
enjoy all the rights equally in all the parts of India.

13. Independent Bodies

 The Indian constitution not only provides for the legislative, executive and
judicial organs of the government (Central and state) but also establishes certain
independent bodies.
 They are envisaged by the Constitution as the bulwarks of the democratic system
of Government in India.

14. Emergency Provisions

 The Constitution makers also foresaw that there could be situations when the
government could not be run as in ordinary times.
 To cope with such situations, the Constitution elaborates on emergency
provisions.
 The rationality behind the incorporation of these provisions is to safeguard the
sovereignty, unity, integrity and security of the country, the democratic political
system and the Constitution.
 During an emergency, the central government becomes all-powerful and the
states go into total control of the centre.

15. Three-tier Government

 Originally, the Indian Constitution provided for a dual polity and contained
provisions with regard to the organisation and powers of the Centre and the
States.
 Later, the 73rd and 74th Constitutional Amendment Acts (1992) have added a
third-tier of government (that is, Local Government), which is not found in any
other Constitution of the world.

IV. Sources of the Indian Constitution – Features Borrowed

Countries Borrowed Features of Indian Constitution
Government  Federal Scheme
of India Act,  Office of governor
1935  Judiciary
 Public Service Commissions
 Emergency provisions
 Administrative details
Australia  Concurrent list
 Freedom of trade, commerce and intercourse
  Joint-sitting of the two Houses of Parliament
Canada  Federation with a strong Centre
 Vesting of residuary powers in the Centre
 Appointment of state governors by the Centre
 Advisory jurisdiction of the Supreme Court
Ireland  Directive Principles of State Policy
 Nomination of members to Rajya Sabha
 Method of election of the president
Japan  Procedure Established by law
(USSR) (now,  Fundamental duties
Russia)  Ideals of justice (social, economic and political) in
the Preamble
UK  Parliamentary government
 Rule of Law
 Legislative procedure
 Single Citizenship
 Cabinet system
 Prerogative writs
 Parliamentary privileges
 Bicameralism
US  Fundamental rights
 Independence of judiciary
 Judicial review
 Impeachment of the president
 Removal of Supreme Court and High Court judges
 Post of vice-president
Germany  Suspension of Fundamental Rights during emergency
South Africa  Procedure for amendment in the Indian Constitution
 Election of members of Rajya Sabha
France  Republic
 Ideals of liberty, equality and fraternity in the
Preamble

V. Fundamental Rights
Fundamental rights are the basic human rights enshrined in the Constitution of
India which are guaranteed to all citizens. They are enshrined in the Constitution
which guarantees them. They are justiciable (enforceable by courts). In case of a
violation, a person can approach a court of law.

List of Fundamental Rights

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

1. Right to Equality (Article 14-18)

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

1. Right to Equality (Articles 14 – 18)

Right to equality guarantees equal rights for everyone, irrespective of religion, gender,
caste, race or place of birth. It ensures equal employment opportunities in the
government and insures against discrimination by the State in matters of employment
on the basis of caste, religion, etc. This right also includes the abolition of titles as well
as untouchability.
2. Right to Freedom (Articles 19 – 22)
Freedom is one of the most important ideals cherished by any democratic society. The
Indian Constitution guarantees freedom to citizens. The freedom right includes many
rights such as:

 Freedom of speech
 Freedom of expression
 Freedom of assembly without arms
 Freedom of association
 Freedom to practice any profession
 Freedom to reside in any part of the country
3. Right against Exploitation (Articles 23 – 24)
This right implies the prohibition of traffic in human beings, and other forms of forced
labour. It also implies the prohibition of children in factories, etc. The Constitution
prohibits the employment of children less than 14 years in hazardous conditions.
4. Right to Freedom of Religion (Articles 25 – 28)
This indicates the secular nature of Indian polity. There is equal respect given to all
religions. There is freedom of conscience, profession, practice and propagation of
religion. The State has no official religion. Every person has the right to freely practice
his or her faith, establish and maintain religious and charitable institutions.
5. Cultural and Educational Rights (Articles 29 – 30)
These rights protect the rights of religious, cultural and linguistic minorities, by
facilitating them to preserve their heritage and culture. Educational rights are for
ensuring education for everyone without any discrimination.
6. Right to Constitutional Remedies (32 – 35)
The Constitution guarantees remedies if citizens’ fundamental rights are violated. The
government cannot infringe upon or curb anyone’s rights. When these rights are
violated, the aggrieved party can approach the courts. Citizens can even go directly to
the Supreme Court which can issue writs for enforcing fundamental rights.

Types of Writs in India

The Supreme Court of India is the defender of the fundamental rights of the citizens.
For that, it has original and wide powers. It issues five kinds of writs for enforcing the
fundamental rights of the citizens. The five types of writs are:
 1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo-Warranto

VI. Fundamental Duties

Introduction:

The Fundamental Duties are an important part of Indian Constitution. The

Fundamental Duties help to regulate the behaviour of the citizens and to bring about
excellence in all the spheres of the citizens.

List of Fundamental Duties

1. To abide by the Constitution and respect its ideals and institutions, the
National Flag and the National Anthem.
2. To cherish and follow the noble ideals which inspired our national struggle
for freedom.
3. To uphold and protect the sovereignty, unity and integrity of India.
4. To defend the country and render national service when called upon to do
so.
5. To promote harmony and the spirit of common brotherhood amongst all
people of India transcending religious, linguistic and regional or sectional
diversities and to renounce practices derogatory to the dignity of women.
6. To value and preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment including forests, lakes,
rivers and wildlife and to have compassion for living creatures.
8. To develop the scientific temper, humanism and the spirit of inquiry and
reform.
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and
collective activity, so that the nation constantly rises to higher levels of
endeavour and achievement.
11. Subsequently, another duty was added by the 86th Constitutional
Amendment Act of 2002: for a parent or guardian to provide opportunities
for education of the child or ward between the age of six and fourteen (It
was added when under Article 21A Right to education was made a FR).

VII. What are the Directive Principles of State Policy?

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

Directive Principles of State Policy – Classification

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

Socialist principles
 Promote people’s well-being by ensuring social order via justice—social, economic, and
political—and reducing disparities in income, position, facilities, and opportunities.
 Promote equal justice and free legal aid to the poor
 Ensure that all employees get a livable wage, a good quality of life, and social and
cultural opportunities.
 Take actions to ensure worker engagement in the management of industries.

Gandhian principles
 Create village panchayats and provide them the necessary authorities and authority to
act as self-governing bodies
 Create village panchayats and provide them the necessary authorities and authority to
act as self-governing bodies
 Encourage the establishment, autonomy, democratic control, and professional
administration of co-operative societies
 Promote the educational and economic interests of SCs, STs, and other vulnerable
groups in society, as well as their protection against social injustice and exploitation
 Prohibit the use of intoxicating drinks and substances that are harmful to one’s health.

Liberal-Intellectual principles
 Ensure a standard civil code for all people throughout the nation
 All children should get early childhood care and education until they reach the age of
fourteen
 Modernize and scientifically organize agricultural and animal husbandry
 Monuments, sites, and items of aesthetic or historic worth that have been designated
as national treasures must be safeguarded
 Separation of the judiciary from the executive in the state’s public services.

Unit 2
Union Government & state Government

Three Organs of the Government and their Functions

Laws are created by the legislature, are carried out by the executive, and are then
applied by the judiciary in specific cases where a law has been broken.

Legislature

 The primary duty of the legislature is to create the rules and regulations that all
citizens must abide by.
 It also passes laws and examines the administration and resolutions further.
 The fact that the legislature is also in charge of ensuring that the other two
branches of government run smoothly makes it absolutely necessary.
 Additionally, the legislature is regarded as the first of the three organs because
without it, laws cannot be executed or applied.

Executive
  Comprises the Prime Minister, President/ Governor, Chief Ministers, Council of
Ministers at the Union/State level, along with the administration responsible for
enforcing laws made by the legislature.
 The executive helps implement the laws formed by the legislature and enforces
the will of the government.
 Hence, we can say that the executive is the administrative head of the state.

Judiciary

 The community courts are at the bottom of the judiciary, with the Supreme Court
of India at the top.
 The judiciary also consists of the high courts, district courts, and lower courts.
 To ensure that the populace receives justice, it is the judiciary's responsibility to
interpret the law and adjudicate disputes.
 The judiciary is frequently referred to as the "guardian of the constitution" or the
"watchdog of democracy."

Union Legislature: (Parliament)

Difference between Lok Sabha and Rajya Sabha

The following table summarises the significant distinctions between the upper and
lower houses of Parliament:

Lok Sabha Rajya Sabha

Known as the People's House Known as the Council of States
It is a permanent body since it cannot be
It is dissolvable.
dissolved.
Comprised of elected legislators from the
Direct elections allow eligible voters to
Assemblies of States and Union Territories
choose their representative.
who are indirectly elected.
The Speaker of the Lok Sabha is also the
Lok Sabha is headed by the Speaker
Chairman of the Rajya Sabha.
The upper house has a strength of 250
The lower house's strength is 552.
members.
The Rajya Sabha has the authority to defend
The Lok Sabha has the authority to
the rights of states against the Union, but it
reject a money bill.
cannot reject a money bill.
The minimum age to join is 25 years To become a member, you must be 30 years
old. old.
The Lok Sabha has the power to
Rajya Sabha has no power to express no
express no confidence in the
confidence
government,
In the Annual Budget, the Lok Sabha In the case of the budget, the Rajya Sabha
can vote on grant requests. has no voting power and can simply debate.
If the Anglo-Indian Community is The president names 12 members with
underrepresented, the President can expertise and practical experience in the arts,
designate two members. literature, science, and social service.
The method of election employed is the The election method utilised is Proportional
Universal Adult Franchise. Representation by Single Transferable Vote.

Union Executive:

President of India

The Indian President is the head of the state and he is also called the first citizen of
India. He is a part of Union Executive, provisions of which are dealt with Article 52-78
including articles related to President (Article 52-62).
The Indian President is the head of the state. He is the first citizen of India and is a
symbol of solidarity, unity, and integrity of the nation. He is a part of Union Executive
along with the Vice-President, Prime Minister, Council of Ministers, and Attorney-
General of India.

How is President elected?

There is no direct election for the Indian President. An electoral college elects him. The
electoral college responsible for President’s elections comprises elected members of:

1. Lok Sabha and Rajya Sabha

2. Legislative Assemblies of the states (Legislative Councils have no role)
3. Legislative Assemblies of the Union Territories

What is the term of the President’s office?

Once President is elected, he holds office for five years. He sits in the office even after
the completion of five years given no new election has taken place or no new President
has been elected till then. He can also be re-elected and there is no cap on his re-
election.

What are the qualifications of the President?

A candidate has to meet some qualifications to be elected as the president. Those
qualifications of the President are:

1. He should be an Indian Citizen

2. His age should be a minimum of 35 years
3. He should qualify the conditions to be elected as a member of the Lok Sabha
4. He should not hold any office of profit under the central government, state
government, or any public authority

What are the powers and functions of the President of India?

Executive Powers of President
The executive powers and functions of the President of India are as follows:

 All executive actions of the Government of India are formally taken in his/her
name.
 He/she appoints the Prime Minister and the other ministers. He/she appoints the
Governors of States, the Attorney General of India, the Chief Election
Commissioner and other Election Commissioners, the Chairman and Members of
the Union Public Service Commission, the Chairman and Members of the Finance
Commission, and so on.
 He/she directly administers the Union Territories through administrators
appointed by him/her.

Legislative Powers of President of India

 He/she can summon or prorogue the Parliament and dissolve the Lok Sabha.
 He/she can address the Parliament at the commencement of the first session
after each general election and the first session of each year.
 He/she nominates 12 members of the Rajya Sabha from amongst persons having
special knowledge or practical experience in literature, science, art, and social
service.
 He/she nominated two members to the Lok Sabha from the Anglo-Indian
community..
 When a bill is sent to the President after it has been passed by the Parliament,
he/she can:
o give his/her assent to the bill,
o withhold his/her assent to the bill,
o return the bill (if it is not a money bill) for reconsideration by the
Parliament.
 However, if the bill is passed again by the Parliament, with or
without amendments, the President has to give his/ her assent to the
bill..

Financial Powers of President

1. To introduce the money bill, his prior recommendation is a must

2. He causes Union Budget to be laid before the Parliament
3. To make a demand for grants, his recommendation is a pre-requisite
4. Contingency Fund of India is under his control
5. He constitutes the Finance Commission every five years

Judicial Powers of President

1. Appointment of Chief Justice and Supreme Court/High Court Judges are on him
2. He takes advice from the Supreme Court, however, the advice is not binding on
him
3. He has pardoning power: Under article 72, he has been conferred with power
to grant pardon against punishment for an offence against union law, punishment
by a martial court, or death sentence.
Diplomatic Powers of President

1. International Treaties and agreements that are approved by the Parliament are
negotiated and concluded in his name
2. He is the representative of India in international forums and affairs

Military Powers of President

He is the commander of the defence forces of India. He appoints: Chief of the Army,
Navy and air force.

Emergency Powers of President

He deals with three types of emergencies given in the Indian Constitution:

1. National Emergency
2. President’s Rule
3. Financial Emergency

Ordinance Making Power

An ordinance is a law that is promulgated by the President of India only when the
Indian parliament is not in session. President promulgates an ordinance on the
recommendation of the union cabinet.

What is the Veto Power of the President?

When a bill is introduced in the Parliament, Parliament can pass the bill and before the
bill becomes an act, it has to be presented to the Indian President for his approval. It is
on the President of India to either reject the bill, return the bill or withhold his assent
to the bill. The choice of the President over the bill is called his veto power.

Prime Minister & Council of Ministers - Power & Function of Prime Minister

Article 75 of the Indian Constitution mentions that a Prime Minister is one who is
appointed by the President.

Is Prime Minister of India elected or appointed?

President of India appoints a person as the Prime Minister who is either the leader of
the party which holds a majority of seats in the Lok Sabha or is a person who is able to
win the confidence of the Lok Sabha by gaining the support of other political parties.
All other ministers are appointed by the President on the advice of the Prime Minister.

Power and Function of Prime Minister

Prime Minister of India serves the country by following various functions. He performs
his functions taking responsibilities as:
  The leader of Country: The Prime Minister of India is the Head of the
Government of India.
 Portfolio allocation: The Prime Minister has the authority to assign portfolios
to the Ministers.
 Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet
and presides the meetings of the Cabinet. He can impose his decision if there is a
crucial opinion difference among the members.
 Official Representative of the country: Prime minister represents the country
for high-level international meetings
 The link between the President and the Cabinet: The Prime Minister acts as
the link between President and cabinet. He communicates all decisions of the
Cabinet to the President which is related to the administration of the affairs of
the Union and proposals for legislation.
 Head: The Prime Minister is the head of Nuclear Command Authority, NITI
Aayog, Appointments Committee of the Cabinet, Department of Atomic Energy,
Department of Space and Ministry of Personnel, Public Grievances and Pensions.
 Chief Advisor: He acts as the chief advisor to the President

Who is eligible to be a Prime Minister?

To become an Indian prime minister one has to be

 A citizen of India.
 A member of either Rajya Sabha or Lok Sabha
 He should have completed his 30 years if he is a member of the Rajya Sabha or
can be 25 years of age if he is a member of the Lok Sabha

Council of Ministers
Two articles – Article 74 and Article 75 of the Indian Constitution deal with the Council
of Ministers.

 They are appointed by the President on the advice of Prime Minister

 They along with the Prime Minister of India form 15% of the total strength of the
lower house i.e. Lok Sabha. (The number cannot exceed 15%)
 91st Amendment Act provided for the disqualification of the minister when he
stands disqualified as a member of Parliament.
 A Minister ceased to exist as one if he is not a member of either house of
Parliament for six consecutive months.
 Parliament decides the salary and allowances of the council of ministers.

Types of Ministers
The Indian Constitution does not categorize ministers into ranks, however, in practice
seen in India, ministers are of four types:

1. Cabinet Ministers—He is present and he participates in every meeting of the

Cabinet.
 2. Minister of State with independent charge—He is a Minister of State who
does not work under a Cabinet Minister. When any matter concerning his
Department is on the agenda of the Cabinet, he is invited to attend the meeting.
3. Minister of State—He is a Minister who does not have independent charge of
any Department and works under a Cabinet Minister. The work to such Minister
is allotted by his Cabinet Minister.
4. Deputy Minister—He is a Minister who works under a Cabinet Minister or a
Minister of State with independent charge. His work is allotted by the Minister
under whom he is working.

State Government:

Governor
The Constitution has assigned a dual role for the governor; he is a constitutional head
of the state as well as representative of the centre (President).

 The Governor is the State's chief executive. But, like the President, he/she is only
a ceremonial head of State (titular or constitutional head).
 Normally, each State has its own Governor, but the 7th Constitutional
Amendment Act of 1956 made it easier to appoint the same individual to serve as
Governor of two or more States.
 All the executive actions of the state governments are to be taken in his/her
name.

Executive Powers of Governor of State

The Executive powers and functions of Governor are as follows:

 All executive actions of the government of a State are formally taken in his/her
name.
 He/she appoints the Chief Minister and other ministers. They also hold office
during his/her pleasure.
 He/she appoints the Advocate General of a State and determines his/her
remuneration. He/she appoints the State Election Commissioner ,He/she
appoints the Chairman and members of the State Public Service Commission.
 He/she can recommend the imposition of a Constitutional Emergency in a State
to the President. During the period of the President’s rule in a State, the
Governor enjoys extensive executive powers as an agent of the President of
India.
 He/she acts as the Chancellor of universities in the State. He/she also appoints
the Vice-Chancellors of universities in the State.

Legislative Powers of Governor

The Governor, as an integral part of the State Legislature, wields the following
legislative powers:

 He/she can summon or prorogue the State Legislature and dissolve the State
Legislative Assembly.
 He/she can address the State Legislature at the commencement of the first
session after each general election and the first session of each year.
  He/she nominates one-sixth of the members of the State Legislative Council from
amongst persons having special knowledge or practical experience in literature,
science, art, cooperative movement and social service.
 When a bill is sent to the Governor after it is passed by the State Legislature,
he/she can:
o give his/her assent to the bill,
o withhold his/her assent to the bill,
o return the bill (if it is not a money bill) for reconsideration by the State
Legislature. However, if the bill is passed again by the State Legislature
with or without amendments, the Governor has to give his/her assent to the
bill.
 He/she can promulgate ordinances when the State Legislature is not in
session. He/she can also withdraw an ordinance at any time.

Financial Powers of Governor of State

The financial powers and functions of Governor are listed below:

 He/she sees that the Annual Financial Statement (State Budget) is laid before the
State Legislature.
 Money bills can be introduced in the State Legislature only with the prior
recommendation of the Governor.
 No demand for a grant can be made except on the recommendation of the
Governor.
 He/she can make advances out of the Contingency Fund of the State to meet any
unforeseen expenditure.
 He/she constitutes a State Finance Commission after every five years to review
the financial position of the Panchayats and the Municipalities.

Judicial Powers of Governor of State

The judicial powers and functions of Governor are:

 He/she can grant pardons, reprieves, respites and remissions of punishment or

suspend, remit and commute the sentence of any person convicted of any offence
against any law relating to a matter to which the executive power of the State
extends.
 He/she is consulted by the President while appointing the judges of the
concerned State High Court.
 He/she makes appointments, postings and promotions of the district judges in
consultation with the State High Court.
 He/she also appoints persons to the judicial service of the State (other than
district judges) in consultation with the State High Court and the State Public
Service Commission.

Chief Minister
Is regarded as the real executive authority in the state. Under article 164 of the
constitution the appointment of chief minister is done by the governor.

 The Chief Minister's position in the state is comparable to that of the Prime
Minister at the centre.
  The Governor appoints the Chief Minister, according to Article 164 of the
Constitution.
 If no party has a clear majority, the governor may use situational discretion. He
may appoint a leader as chief minister and then demonstrate his majority on the
floor of the parliament.
 Directs, controls, coordinates the activities of the council of ministers.
 Acts as the principal channel of communication between council of ministers and
the governor.
 Announces the government policies on the floor of the house
 Is the political head of services of the state

Unit 3

Introduction to Indian Judiciary

The judiciary is that branch of the government that interprets the law, settles disputes
and administers justice to all citizens. The judiciary is considered the watchdog of
democracy, and also the guardian of the Constitution. For democracy to function
effectively, it is imperative to have an impartial and independent judiciary.

Independent Indian Judiciary

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

Indian Judiciary – Structure

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

Supreme Court of India

The Supreme Court of India is the country’s highest judicial court. It is the final court
of appeal in the country.

Supreme Court Composition

 Including the CJI, there are 34 judges in the Supreme Court.

 The judges sit in benches of 2 or 3 (called a Division Bench) or in benches of 5 or
more (called a Constitutional Bench) when there are matters of fundamental
questions of the law is to be decided.
 Supreme Court Jurisdiction and Powers

The Constitution of India grants extensive jurisdiction and powers to the Supreme
Court. Its jurisdiction covers original, appellate, and advisory functions, allowing it to
settle disputes, hear appeals, and provide legal guidance to the government.

 Original Jurisdiction: The Supreme Court has the exclusive authority to hear
disputes between the Government of India and one or more states or between
two or more states.
o However, it does not cover disputes arising from treaties or agreements
made before the Constitution's commencement.
 Appellate Jurisdiction: The Supreme Court's appellate jurisdiction allows it to
hear appeals from High Court judgments involving significant constitutional or
legal questions. In criminal cases, it can review High Court decisions, especially
where death sentences are involved.
o Additionally, the Court has the discretion to grant special leave to appeal
from any court or tribunal except in matters related to the Armed Forces.
 Advisory Jurisdiction: The President can ask the Supreme Court for advice on
important legal or factual matters of public interest or issues related to pre-
constitutional agreements or treaties.
 Writ Jurisdiction: The Supreme Court has the power to issue directions, orders,
or writs, including writs like habeas corpus, mandamus, prohibition, quo
warranto, and certiorari, to enforce fundamental rights.
 Court of Record: the Supreme Court acts as a Court of Record with all of the
powers of such a Court, including the authority to punish for contempt of itself.
 Power of Judicial Review: The Supreme Court has the authority to
conduct judicial review, allowing it to determine the legality of legislative and
executive actions taken by the federal and state governments.

High Court:

The highest judicial court in a state is the High Court. It is termed as the second-
highest in the country after the Supreme Court of India. Currently, India has 25 High
Courts established in different states of the country.

Powers and Functions of the High Court

Original jurisdiction
 Original jurisdiction processes the power to control those cases that cannot be
advanced in other courts other than high court.
 The original jurisdiction of the high court extends to the matters of admiralty, Will,
matrimonial and contempt of court cases.
Appellate jurisdiction
 This processes the power to control the cases of appeal against the judgement
provided by any district courts or any subordinate courts in the country.
 The cases include: civil cases and the criminal cases
Advisory jurisdiction
 Any government department, legislature or governor may mention and send a specific
case for consideration to the high court if it has certain special arrangements; this
power of the high court to control such cases is referred to as advisory jurisdiction.
 Judicial Review
 High court is authorised to review any judgment or order developed by any
subordinate court, with a perception of reducing any kind of mistake or error that can
crept in the judgement; it is referred as Judicial Review.
 This is done in cases of errors of law, wrong judgment and fragrant error in
procedure.

Judicial Review

 Judicial Review means the power of the Supreme Court (or High Courts) to
examine the constitutionality of any law if the Court arrives at the conclusion
that the law is inconsistent with the provisions of the Constitution, such a law is
declared as unconstitutional and inapplicable.
 In other words, judicial review is the power of the judiciary to examine the
constitutionality of legislative enactments and executive orders of both the
Central and State governments.
 On examination, if they are found to be violative of the Constitution (ultra vires),
they can be declared as illegal, unconstitutional and invalid (null and void) by the
judiciary.
 Consequently, they cannot be enforced by the government.
 The term judicial review is nowhere mentioned in the Constitution.
 However, the fact that India has a written constitution and the Supreme Court
can strike down a law that goes against fundamental rights, implicitly gives the
Supreme Court the power of judicial review.

Election Commission
The election commission is an independent body set up by the Constitution of India to
ensure a free and fair election in the country.
The election commission is an independent body that the Constitution of India set up to
ensure a free and fair election. The election commission of India is in charge of hosting
the Lok Sabha elections. The constitution has vested the election commission to direct,
superintendent, and control the elections of the parliament, state legislature, the
President, and the Vice President of India’s office.
The election commission of India is one body that is common to both the Central
government and the state governments. However, the election commission does not
deal with the elections of municipalities and panchayats in the different states. For
these elections, a separate election commission has been provided by the constitution
of India.

The Election Commission’s Powers

The Election Commission of India is a permanent constitutional body.
1. The constitution has given the election commission the power to direct and control the
entire conduct of elections in the country.
2. The commission looks after the elections to the offices of the President and the Vice-
President, state legislators, and the parliament. It can be divided into three categories
– Administrative, advisory, and quasi-judicial.
3. The election commission advises the President on whether elections should be held in a
state currently undergoing the President’s rule.
The powers vested on the election commission include, but are not limited to, the
following –
1. To choose the territorial areas of the electoral constituency throughout the country,
based on the Delimitation Commission Act of the Parliament.
2. To prepare and revise the electoral rolls and register all eligible voters.
3. To decide the schedule and date for the election and scrutinise the nomination papers.
4. To recognise the different political parties and allocate their election symbols to them.
5. The election commission acts as a court to end all the disputes that concern the
granting of recognition to political parties and assigns them election symbols.
6. Appoint officials to look into disputes that may concern electoral arrangements.
7. Create a program that shall publicise the policies regarding all political parties on
different media platforms, such as the TV and radio, during the elections.
8. Advise the President on matters that may concern the disqualification of MPs, and
advise the Governor on issues that may involve the disqualification of MLAs.
9. The election commission can cancel polls in cases such as booth capturing, rigging,
violence, etc.
10. Deciding the spot of the polling stations, assigning voters to their polling
stations, a spot for counting centres, and making arrangements in the polling stations
and counting centres and other related matters.
11. To issue the Electronic Photo Identity Card (EPIC) and create the electoral roll.
Composition of the Election Commission
Article 324 of the Indian constitution has made some provisions regarding the
composition of the election commission. It includes the following –
 The President of India is in charge of appointing the Chief Election Commissioner and
the other election commissioners
 If any other EC is appointed, the CEC serves the role of the election commission’s
Chairman
 The President can appoint regional commissioners to assist the commission as well,
such as a commissioner can be appointed chiefly to look after the Karnataka election
commission
 The President decides the tenure of the office and conditions of service of all the
election commissioners
Conclusion
The election commission of India is in charge of handling almost every duty that will
ensure a free and fair election in the country. Today, the election commission has
become the backbone of true democracy. It looks after the elections to the offices of
the President and the Vice-President, state legislators, and the parliament.

Electoral Reforms and Their Objectives

India is the second-highest populated country with the largest democratic foundation
in the world. Elections in India are a very big topic and an integral part of the
democratic system. The voting rights of the Indians regarding electoral law have
been reformed quite a few times since the advent of the Constitution of India. In this
article, we will study the reforms and Election process in India.

Electoral Reforms in India

Due to the above-mentioned issues maligning the election process, the process of
electoral reform was introduced to design laws more stringent. Different committees
formed in due course of time to eradicate such issues and to conduct elections the way
it is intended and mentioned in the Constitution of India. let us check the reforms and
amendments done in the electoral rights.
1. Reducing Voting Age
The 61st Amendment Act resulted in reducing the voting age from 21 years to 18 years
for the Indians.
2. Election Commission Deputation
Every election personnel will be superintended by the Election Commission of India
throughout the cycle.
3. Electronic Voting Machines (EVMs)
The introduction of EVMs in 1998 in the state elections of Madhya Pradesh, Rajasthan,
and Delhi earmarked a better and more efficient election process. This is one of the
most important Election reforms in India before 2000.
4. Restricting Constituencies for Contest
The Election process in India was transformed drastically when the candidates were
not allowed to contest from more than 2 constituencies in India.
5. Election Expenditure Limitation
The Electoral Reform Committee has capped the expenditure a party can spend as an
individual candidate. The amount is said to be set up to INR 50-70 Lakh for Lok Sabha
elections whereas INR 20-28 Lakh for assembly elections.
6. Broadcasting Election Results
In 2019, this electoral reform from EC stopped broadcasting the results before the
final phase in order to avoid misleading voters in any way possible.
7. Postal Ballot Reform
In 2013, an electoral reform expanded the ambit of this way of casting voting by
including 6 categories. This method can be used by service voters, wives of service
voters, special voters, wives of special voters, voters in preventive detention, personnel
on election duty, and notified voters.
8. National Voters’ Day
In this reform, the EC announced that 25th January will be celebrated as National
Voters’ Day across the country to spread the awareness and significance of elections. It
is done to encourage the Indians to actively participate in the elections and to express
their thoughts.
9. Disqualification and Increase in Number of Proposers
The candidate as per the electoral reforms can be disqualified in case of violation of
National Honours Act, 1971. On the other hand, the security deposit to contest the
election as well as a 10% increase in the Proposers on the nomination papers has also
been done.
10. Others
 There is said to be prohibition to enter near the polling booth with arms.
 Bye Elections should be done within the 6 months of the vacancy occurring.
 There is prohibition of sale and distribution of liquor within polling areas.

Major Issues in Indian Electoral Politics

 1. Money
 One of the prime issues that the Election procedure in India faces even to this
date is money and power. Candidates spend fortunes for publicity and campaigns
the agenda of their respective parties. It requires immense resources including
money to make people understand the power of the parties and to compel them
 to vote. Most of the time, the parties exceed the permissible extent of expenses
to display their strongholds.
 2. Muscle Power
 Untoward as well as illegal incidents are often heard in different places due to
political bias and differences in opinions. Capturing booths, intimidating locals,
and violence became a routine in certain parts of the country.
 3. Criminalization and Politicization
 Another devastating issue of the election process conducted in India is the
criminalization of politics using muscle and money. In fact, politicians with
strong criminal backgrounds are also witnessed getting tickets from respective
parties to compete in an election.
 4. Misusing Government Machinery
 Using government machinery such as vehicles, tools, and even law professionals
have been witnessed in elections.
 5. Degradation of Moral Values
 Deterioration of the moral values of the politicians and candidates also maligns
the true nature of this democratic right.
 6. Other Issues
 Besides these mentioned issues in the electoral politics of the country, there are
other issues as well such as presence of casteism as well as communalism and
attracting votes with respect to caste and religion.