Constitution of India

By
Pavan Kumar . Gudipati, M.Tech.,
Assistant Professor, ECE
G. Pullareddy Engineering College(Autonomous)
Kurnool – Andhra Pradesh
 Constitution of India

Center State Relations

Part XI,XII

(Article 245-300)
 Center state Relations

In the context of Federalism Center- State relations are very Significant for
Harmonious relationship between Union & States
The Constitution of India provides a dual polity with a clear division of powers
between the Union and the States, each being supreme within the sphere allotted to it.
The distribution of powers between center and state divided into three lists
Union list
State list
Concurrent list
 The list of powers not listed in above category called Residuary Powers
 Union List
 in this list originally have 97 items at present it has 100 items
Parliament has the executive powers to make laws on Union list
 census
 National Defense  CBI, RAW, IB
Survey of India
External affairs UNO
Elections to parliament, president
Railways National Highways recognized by
Vice president , state
Postal & Telephone systems parliament
News papers
Airways Reserve Bank Of India
Corp[oration tax
Naval Commanding Insurance
UPSC
Television broadcasting Stock Exchange
War & Peace
Banking Oil wells , Petro chemical industries
Citizenship
Inter state river tribunals
 State List
 in this list originally have 66 items at present it has 61 items
State Legislature has the executive powers to make laws on State list

 Law & order  library’s  sales tax

Police system Collection of toll Taxes on mines
Jails Markets Theaters
Local organizations Animal Husbandry Help to unemployed, handicaped,
Human health Land tax old age persons
Hygienic & Hospitals Fisheries Pawn Bussiness
Drugs Gambling
Agriculture Entry tax
 Concurrent List
 In this list originally have 47 items at present it has52items
The executive powers to make laws on concurrent list lies in hands of both parliament & States

Criminal Laws  Power  Education

Marriage – Divorce Industries Family Planning

Social – Financial Planning's Publications Forests

Workers Unions Judicial stamps Judiciary (except supreme & high

Death And Birth Certification Technological Education courts)

Social security Medical Education Measures & Measurements

(42 Amendment )
If there is conflicts in the legislation of these items the union legislation is Final
If state made legislation with prior notice of President then state Legislation is valid
 Residual powers
 items not listed in above lists came into this category
Union Legislature has the executive powers to make laws on this list
Supreme Court will decides whether item is residual or not
We took this idea from Canadian constitution

Space
Atomic Energy
Environment
Pollution
Human resource
 Center state Relations

The central & state relations mainly divided into three categories
 Legislative Relations (Article 245-255) Part XI
Administrative Relations (Article 256-263) Part XI
Financial Relations (Article 264-300) Part XII
 Legislative relations

Parliament has the power to legislate for the whole India or part of it
Whereas, the Assembly can legislate the of State or part of it
But in case of Union territories legislative power can vested in the hands of only
Parliament
 Parliament has the executive powers to make laws on Union list
State Legislature has the executive powers to make laws on State list
The Parliament & State has the executive powers to make laws on Concurrent list
Only parliament has the power to make laws to give effect to an international treaty or
agreement(254)
 Legislative relations

Parliament can legislate on any subject including state list in the following
circumstances(Art- 249 valid for 18 months only)
If rajya sabha recommends by 2/3 rd majority legislation of national interest
During the proclamation of State Emergency(352) parliament can make laws of state
list (250)(6 months)
Any law providing for Land reforms (Schedule- IX) placed only after ratification by the
parliament
If two or more states mutually agree that such a legislation made for them(252)
 Administrative Relations

Article 256: states have to exercised its powers in such a way to ensure non compliance with laws made by
parliament
Article 257: central government involvement in states (union may command states on national security,
Railways, Television etc.,)
Article 258: central government may impose some duties & powers to state or state government employees
Article 259: central government may impose armed forces for law & order enforcement(1956 repealed 7
amendment)
Article 260: central government enjoys legislative , executive & judiciary powers on island outside India
Article 261: have to respect the laws And actions made by government
Article 262: Inter state River Tribunals
Article 263: Formation of Inter state Council
 Financial Relations
Financial relations are the most important aspect pf center state relation
Constitution itself divides the sources of taxation to both union & states to ensure financial autonomy
It also provides sharable taxes
Distribution of taxes between union & states
 Taxes levied , Controlled & Retained by the center(Corporation, custom, excise, income tax (excluding
agriculture) etc.,)
 Taxes belonging to state exclusively(Land revenue, sales tax, income tax on agricultural land, electricity,
road vehicles, entry tax on goods, liquor etc.,)
 Taxes levied by centre but collected by state(Stamp bills , excise duties on medical & toilet pre[arations
which contain alcohol, promissory notes, checks etc., )
 Taxes levied and collected by union and distribute between state & union (71% to union 29% states)_
 Financial Relations
Non Tax revenues for central government:
Railways Currency & Mint

Postal & telegrams Industrial undertakings by central govt

Broadcasting Commercial undertakings by central government

Opium
Non Tax revenues for central government:
Forest Industrial undertakings by state govt
Irrigation Commercial undertakings by state government

Grant in Aids
The above mentioned sources are not adequate for the states to carry out development
programmers hence constitution provide that union shall provide grant in aids to state every
year
 Commision / committes on center -state
Relations
Setalwaad committee(First Administrative Reforms Commission)
Smt. Indira Gandhi appointed this committee in 1966-67 to study & Make recommendations for
the improvement of center state relation under the chairman of M C Setalwaad (first Attorney General)

Suggestions: 1969
 Have to form inter state Council
Central government didn’t interfere much in state government
For appointment of governors have to form steering committee under the chairmanship of prime
minister
Have to transfer main finance & administrative powers to state government
 while sending armed forces to states, have to inform to the state government
 Commision / committes on center -state
Relations
Raj mannar Committee (appointed in 1969 submitted report in 1970)
Appointed by TamilNadu Government(DMK) to provide more autonomy to states
Headed by PV Raj Mannar (Madras High court Chief justice)
Recommendations
 abolition of All India Services
Abolition of Governor system
Repeal the Article -356
Abolition of powers of president to nominate members to parliament
Making inter state council as a permanent constitutional body
Provide more autonomy to states and transfer more items to state list from union & concurrent list
 Commision / committes on center -state
Relations
Sarkaria Commission
Appointed by Indira Gandhi in 1983 submitted its report to Rajiv Gandhi in 1987
Headed by Ranjith Singh Sarkaria(CJI of India)
Recommendations: it suggests 247 items till now 170 items are came into existence
 union must consult state government while appointing governor of the state
It states that article 356 was misused by 90% times for political purposes
Need to expand All India Service commissions by consulting states
Need to establish permanent inter state council
Need to provide equal powers to rajya sabha
Need to share 75 % of union revenue to states
Compulsory local language along with hindi & english in Schools
 Commision / committes on center -state
Relations
Madhan Mohan Punchi Commission
Appointed by Manmohan Singh in 2007 submitted its report in 2010
Headed by Madhan Mohan Punchi(Retired CJI of India)
Recommendations:
 abolish the tradition of Governor acting as the chancellor of state universities
Have to form all India service in health, education engineering & medical fields
Before imposing article 356 governor must warn the state government
It should not be used for political purposes
Must provide loans to state government for a year without interest
Must share income railway and corporation tax to state s
Have to impose severe punishments for misuse of union funds
The commodity which got highest revenue to the Indian Government by tax

Ans: Cigarette’s

The highest revenue for state government is

Ans: Sales Tax

The highest revenue for central government is

Ans: Excise Tax

 Constitution of India

Parliamentary System of

India
 Parliament of India
The Parliament of India is the supreme legislative body of the Republic of India.
The Parliament is composed of the President of India and the houses(Lok Sabha & Rajya sabha).
It is a bicameral legislature with two houses: the Rajya Sabha (Council of States) and the Lok
Sabha (House of the People).
The President in his role as head of legislature has full powers to summon and prorogue either
house of Parliament or to dissolve Lok Sabha.
The president can exercise these powers only upon the advice of the Prime Minister and his Union
Council of Ministers.
Largest parliamentary Constituency____________ Outer Delhi
Minimum Strength required to conduct parliament______ quorum (1/10 of strength)
 Parliament house of India

The Sansad Bhavan (Parliament House) is located in New Delhi.

It was designed by Edwin Lutyens and Herbert Baker who were responsible for planning and
construction of New Delhi by British government.
The construction of buildings took six years and the opening ceremony was performed on 18
January 1927 by the then Viceroy and Governor-General of India, Irwin.
The construction costs for the building were ₹8.3 million (US$120,000).
The parliament is 560 feet (170 m) in diameter and covers an area of 6 acres (2.4 ha).
The Central hall consists of the chambers of Lok sabha, Rajya Sabha and the Library hall.
Surrounding these three chambers is the four storied circular structure providing accommodations
for members and houses Parliamentary committees, offices and the Ministry of Parliamentary Affairs
 Lok Sabha

It is the lower house elected directly by the people of India (Universal Adult Franchise)
The Maximum strength of Lok Sabha can not exceed 552(530 from territorial Constituencies of
states 20 from union territories and 2 are Anglo-Indians Nominated by the President)

Tenure:
Normal tenure is 5 years but can be dissolved by president before end of tenure when no one has
strength to form government.
During emergency its tenure increased by not More than one year at a time (No limit for no.. of
times)
if emergency is revoked the extension terminated by 6 months
 Lok Sabha
Qualification for the member of Lok Sabha:
He/she
 must be a citizen of India
Must be not less than 25 years
Must posses such other qualification prescribed in that behalf or under any law made by parliament

Special powers of Lok Sabha:

 money & financial bills must originate from Lok Sabha only (enjoyed autonomy)
Money bill must passed by Rajya Sabha with in 14 days( automatically deemed as passed )
Confidence / no confidence motion introduced in this house only
Under Article 352, Lok Sabha may disapproved continuance of Emergency proclaimed by President ,
even if the Rajya Sabha rejects such a resolution.
 Lok Sabha
First Lok Sabha : 1952-57
Second Lok Sabha : 1957-62
Third Lok Sabha : 1962-67 (Death of Nehru (64) death of LB Sastry (66))
Fourth Lok Sabha : 1967-71
Obstruct the autonomy of Congress party
Congress party own with the least majority
In 1967 elections Congress Party Lost in 9 states
Fifth Lok Sabha : 1971-77
First midterm elections in 1971
Continue for long time (6 years)
Sixth Lok Sabha : 1977-77
 First Non-Congress Government
 Lok Sabha
Seventh Lok Sabha : 1980-84
Second midterm elections in 1980
Indira Gandhi Assassination
Eighth Lok Sabha : 1984-89

Congress party won with ¾ majority

Telugu Desam Party acts as Opposition in Lok Sabha

Ninth Lok Sabha : 1989-91
 First time National front form the Government
First time Hung in the parliament happened
Rajiv Gandhi was Assassinated(1991)
 Lok Sabha
Tenth Lok Sabha : 1991-96
Third mid term elections in 1991
Congress party ruled for 5 years with the minority Government
First economical reforms were introduced
Eleventh Lok Sabha : 1996-98
Three governments were formed (devagowda + gujral + Vajpayee)
United front forms the government
Twelfth Lok Sabha : 1998-99
Fourth mid term elections
Shortest Lok Sabha(13 months)
Thirteenth Lok Sabha : 1999-2004
Vajpayee formed the NDA government and ruled for his complete tenure
 Lok Sabha
Fourteenth Lok Sabha : 2004-09
Congress party formed the government as UPA
First time congress party form the Alliance
In 2004 confidence motion---- 2008 no confidence motion faced
Fifteenth Lok Sabha : 2009-14
UPA form the Government for second time
Sixteenth Lok Sabha : 2014- till date
BJP won 282 seats
NDA form Government under the leadership of Narendra Modi
NDA Alliance have 336 seats
 Women parliamentarians
in Lok Sabha

First Lok Sabha : 29 members

Least in : sixth Lok Sabha( 9 members)
Highest in : 15th Lok Sabha(59 members)
Fourteenth Lok Sabha : 44 members
Sixteenth Lok Sabha : 58 members
 Rajya Sabha
The Rajya Sabha or Council of States is the upper house of the Parliament of India.
Maximum members 250 (present 245)(229+3+1+12)(states+delhil+pudducherry+nominated)
Most of the members of the House are indirectly elected by state and territorial legislatures using single
transferable votes, while the President can appoint 12 members for their contributions to art, literature,
science, and social services.
Members sit for staggered six-year terms, with one third of the members retiring every two years
Hence it is a Permanent House (unlike Lok sabha It can’t dissolved )
The Rajya Sabha held its first sitting on 13 May 1952
The Vice President of India (currently, Venkaiah Naidu) is the ex-officio Chairman of the Rajya Sabha,
who presides over its sessions.
The Deputy Chairman,(Harivansh Narayan singh (JDU)) who is elected from amongst the house's
members, takes care of the day-to-day matters of the house in the absence of the Chairman
 Rajya Sabha
Leader of the House:
Besides the Chairman (Vice-President of India) and the Deputy Chairman, there is also a position
called Leader of the House. This is a cabinet minister – the prime minister if he is a member of the
House, or another nominated minister. The Leader has a seat next to the Chairman, in the front row.
Leader of the Opposition
Besides the Leader of the House, who is leading the majority, there is also a Leader of the Opposition
(LOP) – leading the opposition parties.
This is commonly the leader of the largest non-government party, and is recognized as such by the
Chairman.
The salary and other benefits for a member of Rajya Sabha are same as for a member of Lok
Sabha.
 Rajya Sabha
Qualification:
Article 84 of the Constitution lays down the qualifications for membership of Parliament. A member of the
Rajya Sabha must:
Be a citizen of India.
Be at least 30 years old.
Be elected by the Legislative Assembly of States and Union territories by means of Single transferable
vote through Proportional representation
Not be a proclaimed criminal.
Not be an subject of insolvent, i.e. he/she should not be in debt that he/she is not capable of repaying
in a current manner and should have the ability to meet his/her financial expenses.
Not hold any other office of profit under the Government of India.
Possess such other qualifications as may be prescribed in that behalf by or under any law made by
Parliament.
 Rajya Sabha

Limitations:
The Constitution of India places some restrictions on Rajya Sabha which makes Lok
Sabha more powerful in certain areas of comparison.
Money bills
Joint sitting of the parliament
Dowry prohibition Act, 1958 (1961)
Banking services commission (Repeal) act, 1977 (1978)
Prevention of Terrorism Act(POTA), 2002 (2002)
No confidence motion
 Rajya Sabha
Powers:
Rajya Sabha is granted powers that protect the rights of States against the Union.
Union-States Relations:
The Constitution empowers Parliament of India to make laws on the matters reserved for States
(States List).
However, this can only be done if Rajya Sabha first passes a resolution by two-thirds special majority
granting such a power to the Union Parliament.
The union government cannot make a law on a matter reserved for states without any authorization
from Rajya Sabha.
Creation of All-India Services:
Rajya Sabha, by a two-thirds super majority can pass a resolution empowering the Government
of India to create more All-India Services common to both Union and States, including a judicial service.
 Speaker
The Speaker of the Lok Sabha is the presiding officer of the Lok Sabha
The speaker is elected in the very first meeting of the Lok Sabha following general elections.
Serving for a term of five years
the Speaker chosen from amongst the members of the Lok Sabha, and is by convention a member
of the ruling party or alliance.
The current speaker is Sumitra Mahajan (BJP) who is presiding over the 16th Lok Sabha.
She is the second woman to hold the office, after her immediate predecessor Meira Kumar
In absence of the Speaker, the Deputy Speaker acts as Speaker
In the absence of both a committee of six member selected by the Speaker will act as Speaker
according to their seniority
 Speaker
Powers & Functions:
The Speaker of the Lok Sabha conducts the business in house
Decides whether a bill is a money bill or not.
They maintain discipline and decorum in the house and can punish a member for their unruly
behavior by suspending them.
They also permit the moving of various kinds of motions and resolutions such as a
Motion of no confidence
Motion of adjournment,
Motion of censure (expression of strong disapproval or harsh criticism) &
Calling attention notice as per the rules.
 Speaker

The Speaker decides on the agenda to be taken up for discussion during the meeting.
The date of election of the speaker is fixed by the President.
Further, all comments and speeches made by members of the House are addressed to the
speaker.
The speaker also presides over the joint sitting of both Houses of Parliament.
The speaker is answerable to the house.
Both the speaker and deputy speaker may be removed by a resolution passed by the
majority of the members.
 Removal of Speaker
Speaker can be removed by the Lok Sabha by a resolution passed by an effective majority of the House as
per Articles 94 and 96.
Speaker is also removed on getting disqualified for being Lok Sabha member under sections 7 & 8
of Representation of the People Act, 1951
This would arise out of speaker's wrong certification of a bill as money bill inconsistent with the
definition given in Articles 110 of the constitution
When courts uphold the unconstitutional act of the speaker for wrong certification of a bill as money bill,
it amounts to disrespecting the constitution deserving conviction under Prevention of Insults to
National Honor Act, 1971
which is applicable for disqualification of speaker's Lok Sabha membership under section 8k of
Representation of the People Act, 1951. However the omissions in the procedure committed by the
speaker in the Lok Sabha can not be challenged in court of law per Article 122
 Pro tem Speaker
After a general election and the formation of a new government, a list of senior Lok
Sabha members prepared by the Legislative Section is submitted to the Minister of
Parliamentary Affairs, who selects a pro tem speaker.

The appointment has to be approved by the president.

The first meeting after the election when the Speaker and the Deputy Speaker are
selected by members of the Parliament is held under the pro tem Speaker.
 42 Amendment
The 42nd Amendment of the Constitution of India, officially known as The Constitution Act, 1976, was
enacted during the Emergency (25 June 1975 – 21 March 1977) by the INC government headed by
Indira Gandhi.
This amendment brought about the most widespread changes to the Constitution in its history, and is
sometimes called a “Mini-Constitution” or the Constitution of Indira.
Briefly the Amendment bring about changes in the following provisions of the constitution:
1. Preamble : Added three new words (i.e., socialist, secular and integrity) in the Preamble.
2. Added Fundamental Duties by the citizens (new Part IV A)
3. Made the President bound by the advise of the cabinet.
4. Froze the seats in the Lok Sabha and state legislative assemblies on the basis of 1971
census till 2001.
5. Made the constitutional amendments beyond judicial scrutiny.
 42 Amendment
6. Four Directive Principles were added by 42nd amendment as follows:
 To secure opportunities for healthy development of children (Article 39)
 To promote equal justice and to provide free legal aid to the poor (Article 39 A)
 To take steps to secure the participation of workers in the management of industries (Article 43 A)
 To protect and improve the environment and to safeguard forests and wild life (Article 48 A).
7. Provided that the laws made for the implementation of Directive Principles cannot be declared
invalid by the courts in the ground of violation of some Fundamental Rights.
8. Empowered the Parliament to make laws to deal with anti – national activities and such laws are to
take precedence over Fundamental rights.
9. Facilitated the proclamation of national emergency in a part of territory of India
10. Extended the one – time duration of the president’s rule in a state from 6 months to one year
11. Provided for the creation of the All – India Judicial Service.
 42 Amendment

12. Empowered the Centre to deploy its armed forces in any state to deal with a grave situation
of law and order.
13. Few changes in the Seventh Schedule (Union List, State List and the Concurrent List):
Shifted five subjects from the state list to the concurrent list,
14. Did away with the requirement of quorum in the Parliament and the state legislatures.
15. Empowered the parliament to decide from time to time the right and privileges of its
members and committees.
16. Shortened the procedure for disciplinary action by taking away the right of a civil servant to
make representation oat the second stage after the inquiry (i.e, on the penalty proposed).
 44 Amendment
44 Amendment of the Constitution came in the year 1978
It was the first amendment brought by Morarji Desai after his government was elected which defeated
the government of Indira Gandhi just after the National Emergency ended after 21 months.
There were a number of provisions in this and primarily it was brought to nullify the amendments
brought by the 42nd Amendment in 1976. Some of them are:
1. The 42nd Amendment brought during the National Emergency said that the union government
could use article 368 and amend the Constitution as per it's wish and even the fundamental rights.
The 44th amendment seeks to protect the people of India from such an injustice as the
fundamental rights are truly necessary.
2. It also said that right to property under article 31 of the Constitution is removed from the
fundamental rights and is made a legal right.
 44 Amendment
3. During emergency under article 352, the fundamental rights are suspended. But
proper safeguards should be provided to the citizens so that they do not suffer due to
abuse of this power. Hence right to life and personal liberty should exist during
emergency.
4. Previously, the grounds for declaration of national emergency were external aggression
and internal disturbances but the 44th amendment replaced the word internal
disturbances with the word armed rebellion.
5. Article 134 A was added which provided for appeal in criminal cases from high courts
to the supreme court with certificate from the high court.
 74 Amendment
The Act gave constitutional status to the municipalities. It has brought them under the purview of
justifiable part of the constitution.
In other words, state governments are under constitutional obligation to adopt the new system of
municipalities in accordance with the provisions of the Act.

1. Types of Municipalities:
The Act provides for the constitution of the following three types of municipalities in every state.
(a) A Nagar Panchayat (by whatever name called) for a transitional area, that is, an area in
transition from a rural area to an urban area.
(b) A Municipality for a smaller urban area.
(c) A Municipal Corporation for a larger urban area
 74 Amendment
A transitional area, a smaller urban area or a larger urban area means such area as the Governor may
specify by public notification for this purpose with regard to the following factors.
(a)Population of the area
(b) Density of population
(c) Revenue generated for local administration
(d)Percentage of employment in non-agricul­tural activities
(e)Economic importance or such other factors as the Governor may deem fit.
2. Composition:
All the members of a municipality shall be elected directly by the people of the municipal area. For this
purpose, each municipal area shall be divided in territorial constituencies to be known as wards.
The state legislature may provide the manner of election of the chairperson of a municipality. It may
also provide for the representation of the following persons in a municipality.
 74 Amendment
3. Wards Committees:
There shall be constituted a wards committee, consisting of one or more wards, within the territorial
area of a municipality having population of three lakhs or more.
The state legislature may make provision with respect to the composition and the territorial area of a
wards committee and the manner in which the seats in a wards committee shall be filled. It may also
make any provision for the constitution of committees in addition to the wards committees.
4. Reservation of Seats:
The Act provides for the reservation of seats for the scheduled castes and the scheduled tribes in every
municipality in proportion of their population to the total population in the municipal area.
Further, it provides for the reservation of not less than one-third of the total number of seats for
women (including the number of seats reserved for women belonging to the SCs and the STs).
The state legislature may provide for the manner of reservation of offices of chairpersons in the
municipalities for the SCs, the STs and the women.
 74 Amendment
5. Duration of Municipalities:
Generally five-year term of office, However, it can be dissolved before the completion of its term.
Further, the fresh election to constitute a municipality shall be completed (i) before the expiry of its
duration, of five years; or (ii) in case of dissolution, before the expiry of a period of six months from the
date of its dissolution.
6. Disqualifications:
A person shall be dis­qualified for being chosen as or for being a member of a municipality if he is so
disqualified
(i) under any law for the time being in force for the purposes of elections to the legislature of the state
concerned; or (ii) under any law made by the state legislature.
However, no person shall be disqualified on the ground that he is less than 25 years of age if he has
attained the age of 21 years. Further, all questions of disqualifications shall be referred to such authority
as the state legislature determines.
 74 Amendment

7. State Election Commission:

The superintendence, direction and control of the preparation of electoral rolls and the conduct of all
elections of the municipalities shall be vested in the State Election Commission.
8. Powers and Functions:
The state legislature may endow the municipalities with such powers and authority as may be necessary
to enable them to function as institutions of self- government.
(i) the preparation of plans for economic development and social justice;
(ii) The implementation of schemes for economic development and social justice as may be entrusted to
them including those in relation to the 18 matters listed in the Twelfth Schedule.
 74 Amendment
9. Finances:
The state legislature may (i) authorize a municipality to levy, collect and appropriate taxes, duties,
tolls and fees; (ii) assign to a municipality taxes, duties, tolls and fees levied and collected by state
government; (iii) provide for making grants-in-aid to the municipalities from the Consolidated
Found of the state; and (iv) provide for constitution of funds for crediting all moneys of the
municipalities
10. Finance Commission:
11. Audit of Accounts:
12. Areas Kept Out:
The Act does not apply to the scheduled areas and tribal areas referred in Article 244 of the Indian
Constitution. It shall also not affect the functions and powers of the Darjeeling Gorkha Hill Council
of the West Bengal.
 74 Amendment

13. District Planning Committee

14. Metropolitan Planning Committee:

15. Continuance of Existing Laws and Municipalities:
All the state laws relating to municipalities shall continue to be in force until the expiry of one year from
the commencement of this Act.
In other words, the states have to adopt the new system of municipalities based on this Act
within the maximum period of one year from 1st June 1993, which is the date of commencement of this
Act.
 76 Amendment
Tamil Nadu was the only State that followed policy of reserving not more than 69% in favor of
backward classes, both in case of public employment and education institutions.
This policy became unconstitutional and void as it violated the “rule of vertical reservation” (Supreme
Court in the famous Indira Sawhney case 1992 laid that reservation shall not exceed 50% except under
execptional circumstances)
So to bypass this Supreme Court guideline, TN enacted “TN reservation of seat for backward classes act
1994”.
The 76th Constitutional Amendment Act 1994 puts “The Tamil Nadu Backward Classes, Scheduled
Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of appointments or posts
in the Services under the State) Act, 1993 (Tamil Nadu Act 45 of 1994)” or shortly known as “Tamil Nadu
Reservation Act” at entry no. 257A in the Ninth Schedule
 76 Amendment
Parliament placed this Act under nineth schedule.
Nineth schedule was introduced into the Constitution along with Article 31B by 1st constitutional
amendment Act in 1951.
Article 31B provides that any law made by State that is also placed under ninth schedule cannot be
challenged in a court of law. Courts cannot exercise power of judicial review in this case.
Article 31B prohibit judicial review to some extent, but it was held valid by Supreme Court itself in the
Shankari Prasad vs Union of India case 1951. So the TN reservation policy cannot be challenged.
 76 Amendment

But, after few years, Supreme Court in I R Coelho vs State of Tamil Nadu 2007 held that ninth
schedule is “partially open” to judicial scrutiny because it comes under the purview of “basic
structure doctrine”.
Supreme Court clarified that since the doctrine emerged on 24th April 1973 (Keshvanada Bharti
case), any Act which is placed in ninth schedule before this date cannot be challenged in court.
But any enactment that is placed after 24th April 1973 can be challenged in a court as it comes
under the doctrine of basic structure.
Since TN reservation act was enacted in 1994, it has been challenged in the supreme Court.
Currently it is pending in the Supreme Court.
 86 Amendment
86th Amendment (2002) has a great importance in our Constitution
which provide us the main fundamental right that is “Right to education”.
our Constitution gives us various guaranteed fundamental rights without them we can not survive,
Right to education is one of them, although it is a Fundamental right as well as fundamental duties and
also the responsibility of State to provide education.
Art 45 before the proposed Amendment, provided that the State is to make provision within 10
years for free and compulsory education for all children until they complete the age of 14 years.
This was the only provision relating to right to education under the Constitution of India.
The following articles have been added/ amended in the Constitution of India (taking into
consideration the 165th report of the law Commission of India and the recommendation made by the
Standing Committee of Parliament)
 86 Amendment

“Art. 21-A: The State shall provide free and compulsory education to all children between the
age of 6 and 14 years in such manner as the State may by law determine”. This is our
Fundamental Right.

“Art. 45(Substituted): The State shall Endeavour to provide early childhood care and
education to children below the age of 6 years”. (Directive Principles)

“Art. 51-A(k): It shall be the duty of every citizen of India who is parent or guardian to provide
opportunities for education to his child or ward between the age of 6 and 14 years”.
(Fundamental duty)
 91 Amendment
91st amendment act, 2003 – Relates to the anti defection laws and Restricting the
size of the council of ministers to aid and advice the President.

The size of the council of ministers and in the respective state governments should
not be more than 15% (Fifteen Percent) of the total members of lower house (i.e.
15% strength of Lok Sabha in the parliament and 15% strength of lower houses of
respective states legislatures (the minimum strength in the case of small states
(Sikkim, Mizoram, Goa) is being 12 due to lower strength of the Legislative assembly of
that states) Sikkim - 32, Mizoram – 40, Goa – 40
.
 91 Amendment
Anti-Defection Law - The anti-defection law was enacted in 1985 by the Rajiv Gandhi government
and the intention was to remove horse trading and poaching of legislators by the parties.

The law basically states that if a legislator elected on one party's ticket, resigns and moves to another
party, his election will be nullified and he has to seek fresh elections on another party's ticket.
However, if 1/3 of the party members left the party it did not qualify as defection.

For smaller parties in the parliament, this was still a problem because smaller numbers of party
members could still be poached by other parties without invoking the Anti-Defection law. To
strengthen the Anti-defection law, this limit was increased from 1/3 to 2/3 members of the party
in the 91st Amendment, thus making it more difficult for individuals and factions within the party to
defect.
 Constitutional Functionaries

These are appointed for some particular function by the constitution

 Attorney General of India
 Comptroller & Audit General of India
 Ombudsman
 Chief Election Commissioner
 Public Accounts Committee
 Estimates Committee
 Committee on Public Undertakings
 Comptroller & Audit
General
He is the Guardian of Public Purse
To see not a Paisa is spent out of Consolidated Fund of a state without authority of appropriate legislature
He is the Impartial head of Audit & Accounts system of India
He is appointed by The President but removed by resolution passed by both houses with 2/3 rd majority
on the grounds of “proved Misbehavior & In capacity”
Upto 1974 it is “Comptroller Accountant & Audit General”
Term is 6 years or 65 years which came soon
 “CAG is the most important office under the constitution” -------- B. R Ambedkar
CAG is a “ friend, philosopher, and guide of Public Accounts Committee”
 Comptroller & Audit
General
audits the accounts related to all expenditure from the Consolidated Fund
audits all expenditure from the Contingency Fund of India and the Public Account of India as
well as the Contingency Fund and Public Account of each state
 audits all trading, manufacturing, profit and loss accounts, balance sheets and other
subsidiary accounts kept by any department of the Central Government and the state governments
He audits the receipts and expenditure of all bodies and authorities substantially financed from
the Central or State revenues
He submits 3 audit reports to the President: audit report on appropriation accounts, audit
report on finance accounts and audit report on public undertakings
 Ombudsman
An ombudsman is an official, usually appointed by government, who investigates complaints
(usually lodged by private citizens) against the government, businesses, financial institutions or
government departments or other public entities, and attempts to resolve the conflicts or concerns
raised.
LOKPAL + LOK AYUKTHA’s

The Lokpal and Lokayuktas Act, 2013, commonly known as The Lokpal Act, is an anti-
corruption Act of Indian Parliament in India which "seeks to provide for the establishment of the
institution of Lokpal to inquire into allegations of corruption against certain public
functionaries and for matters connecting them
The Lokpal has jurisdiction over all Members of Parliament and central government employees in
cases of corruption.

The Lokayukta (also Lok Ayukta) (Sanskrit: लोकायुक्त lokāyukta, "appointed by the people") is an
anti-corruption ombudsman organization in the Indian states.

Once appointed, Lokayukta can not be dismissed nor transferred by the government, and can only be
removed by passing an impeachment motion by the state assembly

The Lokayukta, along with the Income Tax Department and the Anti Corruption Bureau, mainly helps
people publicise corruption among the Politicians and Government Officials.