35662075 Indian Constitution

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August 10, 2010

Authored by: Nisha D

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CONTENTSCONTENTSCONTENTSCONTENTS

NATURE OF THE CONSTITUTION Different Sources Of The Indian Constitution Preamble The Union and Its Territory Constitutional Amendments Official Language and Schedules of the Constitution Citizenship and Fundamental Rights Directive Principles of State Policy

Fundamental Duties

THE UNION EXECUTIVE The President Vice President Prime Minister And Council Of Ministers Attorney General Of India The Comptroller And Auditor General Of India

UNION LEGISLATURE Rajya Sabha Lok Sabha The Budget THE STATE EXECUTIVE The Governor Chief Minister Council Of Minister Advocate General STATE LEGISLATURE Legislative Assembly Legislative Council Legislative Procedure


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INDIAN FEDERALISM AND CENTER STATE RELATIONS Federal Features Non Federal Feature Centre State Relations Finance Commission Co- Operative Federalism Inter -State Council Zonal Councils

UNION TERRITORIES AND JAMMU AND KASHMIR Administration Special Status of Jammu and Kashmir.

THE SUPREME COURT Appointment Qualifications Of Judges Tenure And Salary Seat- Independence Of Supreme Court Judges Jurisdiction Of The Supreme Court Supreme Court And Judicial Review

THE HIGH COURT Appointment of Judges. Qualifications Term Independence Of The Judges Transfer Of A Judge From One High Court To Another- Jurisdiction Of The High Courts

ELECTORAL SYSTEM LOCAL GOVERNMENT PANCHAYATS


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Gov of India Act ,

1935

The Federal; scheme, office of governor, power of federal judiciary, emergency powers, Public service

commissions

Britain Law making procedures, rule of law, provision for single citizenship, Parliamentary system of government,office of CAG, parliamentary privileges

Constitution of USA Independence of judiciary, Judicial review, fundamental rights, removal of Supreme court and High court

judges , Preamble and functions of vice president

Constitution of

Canada

Federation with strong centre, to provide residuary powers with the centre advisory jurisdiction of supreme

Court

Constitution of

Ireland

Directive Principles of State Policy, method of Presidential elections and the nomination of members toRajya Sabha by the President

Weimer Constitution

of Germany

Provision concerning the suspension of Fundamental Rights during emergency

Constitution of

Australia

Idea of Concurrent list

Constitution of South

Africa

Amendment with 2/3r

majority in Parliament and election of the members of Rajya Sabha on the basis of

proportional representation

PREAMBLEPREAMBLEPREAMBLEPREAMBLEEvery Constitution has a philosophy of its own. Our Constitution also has a philosophy which is enshrined in the Preamble to theConstitution. The Preamble serves as an introduction to the Constitution and shows the general purpose for which the Constituent

Assembly made the several provisions in the Constitution. The Preamble indicates that the Constitution derives its power from the


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writs and judicial review

(7) Forty Fourth, 1978 - It restored to the Supreme Court and High Courts the jurisdiction and powers they enjoyed before the 42nd

amendment was passed. It deleted the right to property from the list of Fundamental Rights.

(8) Fifty Second, 1985 - Political defection was sought to be curbed

(9) Seventy Third, 1992 - provided a constitutional guarantee to the formation of Panchayats at village and other levels.

(10) Seventy-fourth, 1992 - Added a new part to the constitution relating to urban local bodies.

OFFICIAL LANGUAGE AND SCHEDULES OF THE CONSTITUTIONOFFICIAL LANGUAGE AND SCHEDULES OF THE CONSTITUTIONOFFICIAL LANGUAGE AND SCHEDULES OF THE CONSTITUTIONOFFICIAL LANGUAGE AND SCHEDULES OF THE CONSTITUTIONUnder Article 343, Hindi in Devanagari script was accepted as the official language of the Union. But, for a period of fifteen

years from the commencement of the Constitution, the English language was allowed to be used for all the official purposes of

the Union. Even thereafter Parliament could by law provide for the use of English for any specified purposes. Parliament has

enacted the Official Languages Act, 1963 for this purpose.

Besides Hindi, our Constitution also recognizes other languages and the need for their development. The 18 languages of India

are listed in the Eighth Schedule and are the following - Assamese, Bengali, Gujarat, Hindi, Kannada, Kashmiri, Konkani,Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Sindhi, Tamil, Telugu and Urdu.

SCHEDULES OF THE CONSSCHEDULES OF THE CONSSCHEDULES OF THE CONSSCHEDULES OF THE CONSTITUTIONTITUTIONTITUTIONTITUTION

The Constitution contains 12 Schedules which provide details about the various aspects of the Constitution.


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ScheduleOne

Territories of the 25 States and 7 Union Territories of India

ScheduleTwo

Part A Part B Part C Part D Part E

It Emoluments to the President of India and the Governors of the States

omitted by Constitution (Seventh Amendment Act 1956)

Contains provisions about the Speaker /Deputy Speaker or Chairman/ Vice Chairman of the Lok Sabha, Rajya Sabha

State Legislative Assemblies or Councils

Emoluments of the judges of the Supreme Court and High Court

consist of five parts

Provision of CAG of India

ScheduleThree

Forms of oaths of affirmations

ScheduleFour

Allotment of seats in the Rajya Sabha to States and Union Territories

ScheduleFive and Six

Provisions relating to administration of Scheduled areas and Tribal areas

ScheduleSeven

Union List, State List and Concurrent List

ScheduleEight

18 languages

ScheduleNine

Contains certain acts and regulations dealing with land reforms and abolition of zamindari system which are protected from judicial

scrutiny.

ScheduleTen

Important provisions regarding disqualifications on grounds of defection

ScheduleEleven

this lists 29 subjects on which the Panchayats have been given administrative control

ScheduleTwelve

this contains 18 subjects on which the Municipalities have been given administrative control

.


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CITIZENSHIP AND FUNDAMENTAL RIGHTSCITIZENSHIP AND FUNDAMENTAL RIGHTSCITIZENSHIP AND FUNDAMENTAL RIGHTSCITIZENSHIP AND FUNDAMENTAL RIGHTS

CITIZENSHIP

The Constitution provides for single citizenship. There is no separate citizenship of states. According to the Constitution the following

three categories of persons are entitled to citizenship:

(1) persons domiciled in India

(2) refugees who migrated to India from Pakistan

(3) Indians living in other countries.

Acquisition and Termination of Citizenship

Rules regarding acquisition and termination of Indian citizenship have been laid down in the Citizenship Act of 1955. A person can

acquire citizenship of India in five ways:

(1) Citizenship by birth

(2) Citizenship by descent

(3) Citizenship by registration

(4) Citizenship by naturalization

(5) Citizenship by incorporation of territory

Loss of Indian Citizenship

(1) Renunciation

(2) Termination

(3) Deprivation

Amendment of Citizenship Act


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In 1986 the Citizenship Act was amended and acquisition of citizenship by persons coming to India as refugees from Bangladesh, Sri

Lanka and other countries was made difficult. It provided that persons born in India (a) on or after 26 January 1950 but prior to 26

November 1986, (b) on or after the commencement of the Amending Act, 1986, shall be citizens of India by birth only if either oftheir parents is a citizen of India at the time of his birth. It increased the period for acquisition of citizenship through registration from6 months to 5 years.

FUNDAMENTAL RIGHTS

The Constitution guarantees elaborate Fundamental Rights to Indian citizens. These are contained in Part III of the Constitution. Theserights are vital for the development of a citizen and promote his dignity and welfare. These rights are justifiable and can be enforced

through courts. The Constitution allows the Parliament to impose limitations on the Fundamental Rights.

Classification of Fundamental Rights

Originally the Constitution classified the Fundamental Rights into seven categories but with the elimination of right to

property from the list of Fundamental Rights by the 44th

Amendment in 1979, there are now six categories of rights.

(1) Right to Equality-Articles 14 to 18(2) Right to particular freedoms-Articles 19 to22

(3) Right against exploitation Articles 23-24

(4) Right to freedom of religion-Articles 25 28

(5) Cultural and Educational Rights-Articles 29-30

(6) Right to Constitutional Remedies-Articles 32-35

The Writs

There are five kinds of writs; (1) habeas corpus (2) mandamus (3) prohibition (4) certiorari and (5) quo warranto.

(1) Habeas corpus means to have the body. It is in the nature of an order calling upon a person who has unlawfullydetained another person to produce the latter before the court.

(2) Mandamus literally means command. It is thus an order of a superior court commanding a person holding a public office


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or a public authority- (including the Government) to do or not to do something, in the nature of public duty.

(3) Prohibition- A writ of prohibition is issued by a superior court to an inferior court or tribunal to prevent it from exceedingits jurisdiction and to compel it to keep within the limits of its jurisdiction.

(4) Certiorari - A writ of certiorari has much in common with a writ of prohibition. The only difference between the two is,whereas a writ of prohibition is issued to prevent an inferior court or tribunal to go ahead with the trial of a case in which it

has assumed excess of jurisdiction, a writ of certiorari is issued to quash the order passed by an inferior court or tribunal in

excess of jurisdiction.

(5) Quo Warranto - The words quo warranto means what is your authority? A writ of quo warranto is issued against theholder of a public office to show to the court under what authority he holds the office.

.

Suspension of Fundamental Rights

When the President makes a proclamation of emergency under Article 352 the freedoms guaranteed under Article 19 are automatically

suspended. However, an important change has been introduced by the 44th

Amendment Act 1978. This Amendment prohibits thesuspension of Articles 20 and21 even during a national emergency. The President can suspend other Fundamental Rights through

specific orders, but these orders must be approved by the Parliament.

Can Fundamental Rights be amended

The Golak Nath case is a landmark in the constitutional history of India. In this decision the Supreme Court took away the power of

Parliament to amend the Fundamental Rights. But by the 24th Amendment Act 1971, the Parliament amended Art. 13 and 368 tomake it clear that the Parliament has the power to amend any part of the Constitution including Fundamental Rights and the word

law as used in Article 13 does not include a Constitutional Amendment Act.In the Kesavananda Bharti Case the Supreme Court

ruled that Parliament could amend any and every part of the Constitution including Fundamental Rights but it could notdestroy the basic structure of the Constitution. To make the Fundamental Rights easily amendable, the 42

ndconstitutional amendment

was passed which declared in unambiguous terms that the Parliament had unlimited power of amending the Constitution.


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Judicial Review and the Fundamental Rights

Judicial Review is the power of courts (Supreme Court and the High Courts) to declare a law unconstitutional and void if it is

inconsistent with any of the provisions of the Constitution to the extent of its inconsistency. So far as the contravention of the

Fundamental Rights is concerned this power is specially enjoined upon the courts by the Constitution, in Article 13.

DIRECTIVE PRINCIPLES OF STATE POLICYDIRECTIVE PRINCIPLES OF STATE POLICYDIRECTIVE PRINCIPLES OF STATE POLICYDIRECTIVE PRINCIPLES OF STATE POLICY

The Directive Principles of State Policy which embody the ambitions and aspirations of the makers of the Constitution are containedin Part 4 of the Constitution. They aim at providing the social and economic basis for a genuine democracy. These principles are not

enforceable through courts and are merely directives which the government has to keep in mind while framing a policy. This novel

feature of the Constitution has been borrowed from the Constitution of Ireland. Broadly speaking, there are three types ofDirective Principles

(1) Economic or Socialist- these principles aim at providing social and economic justice and ushering in a welfare state.

(2) Gandhian Principles- These are the embodiment of the Gandhian programme for reconstruction.(3) Liberal Principles- these principles are based on liberal thinking of freedom in every walk of life.

Difference Between Fundamental Rights and Directive Principles

(1) The Fundamental Rights constitute limitations upon State action; the Directive Principles are in the nature of instruments of

instruction to the government to do certain things to achieve certain goals

(2) The Directive Principles are not enforceable in the courts and do not create any justifiable rights in favour of the individualwhereas Fundamental Rights are justifiable

(3) Directive Principles are inferior to Fundamental Rights because in case of conflict between the two, the latter must get

precedence.


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FUNFUNFUNFUNDAMENTAL DUTIESDAMENTAL DUTIESDAMENTAL DUTIESDAMENTAL DUTIES

The Fundamental Duties are eleven in number and are contained in Art. 51A Part 4-A of the Constitution. This Article was insertedinto the Constitution by the 42

ndAmendment Act 1976. These duties are statutory duties and are enforceable by law. Violation of the

duties can be met with punishment.

Japan is only democratic country in the world which provides for the set of Fundamental Duties in its constitution. The

Indian Constitution has borrowed the concept of Fundamental Duties from the Constitution of socialist countries

(knowledgably from erstwhile USSR)

The eleven duties as are under:

1. To abide by 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 the people of India transcending religious ,linguistic and

regional or sectional diversities ; to reconcile practices derogatory to the dignity if 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 wild life and to have compassion for living

creatures;8. To develop scientific temper, humanism , and the spirit of inquiry and reform;9. To safeguard public property and to reject violence;10.To strive towards excellence in all spheres of on individual and collective activity so that the nation constantly rises to higher

levels of endeavor and achievement.

11.Who is parent or guardian to provide opportunities for education to his child, or as the case may be , between the age of six andfourteen years.


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THE UNION EXECUTIVEThere are two levels of executives in India at the Union level and the State levels

A.The Union ExecutiveThe Union Executive consists of the President, Vice- President and Council of Ministers to aid and advice the President and

the Attorney General.

THE PRESIDENTTHE PRESIDENTTHE PRESIDENTTHE PRESIDENTThe President is the executive head of the State. The Constitution underArt. 53 vests the executive power of the Union inthe President who shall exercise the powers either directly or through officers subordinate to him. He is the first citizen of India

and occupies the first position under the warrant of precedence.

QUALIFICATIONSA candidate for the office of the President

(1) must be a citizen of India

(2) should have completed 35 years of age

(3) must not hold any office of profit under Government of India, state government or local authority(4) must possess qualifications required for membership of the Lok Sabha

ELECTIONThe President is indirectly elected through an electoral college consisting of the elected members of both the houses of theParliament and elected members of all the State Legislative Assemblies. The election is held through the system of

proportional representation by means of a single transferable vote.


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TERMS AND EMOLUMENTS

The President holds office for a term of five years from the date on which he enters the office. He is eligible for re-election butgenerally the President does not hold office for more than two terms. The President receives a salary of Rs. 20,000 per month.

In addition to this, he is entitled to other allowances and privileges including free official residence. On retirement the

President is entitled to a pension of Rs. 10,000 per month.

IMPEACHMENTThe President can be removed from office before expiry of his term through impeachment. He can be impeached only for theviolation of the Constitution and this power is vested in the Parliament. Impeachment proceedings can be initiated by either

house of the Parliament. However, in order that a charge is preferred by a house it is necessary that: (a) a resolution containing

the proposal of the charge of violation is moved after a 14-day notice in writing signed by not less than one fourth of the totalmembership of the House levying the charge, and (b) the resolution is passed by a majority of not less than two-thirds of the

total membership of the same house. The other House then investigates into the matter and, if a resolution is passed in that

House by not less than two-thirds of its total membership substantiating the charge, the President is removed from his office.

VACANCYIn case the office falls vacant due to the death, resignation or removal of the incumbent, the Vice- President acts as President.In case the Vice President is also not available to discharge the duties of the office of the President , the Chief Justice of India

acts as President.

POWERS OF THE PRESIDENTThe powers of the President can be discussed under the following heads:

Administrative - All the executive functions of the Union are carried on in the name of the President. The President has the power to


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Powers appoint(1) the Prime Minister

(2) other ministers of the Union

(3) the Attorney- General(4) The Comptroller and AuditorGeneral

(5) the Judges of the Supreme Court and High Courts

(6) the Governor of a state

(7) the Finance Commission

(8) the Chief Election Commissioner and other members of the Election Commission

(9) A special officer for the Scheduled Castes and Tribes.

Military Powers -The president is the Supreme Commander of the Armed Forces. He has the power to declare war and peace. But his military

powers are subject to the regulation of law

Legislative Powers - The President is an integral part of the Parliament.1. Summoning and proroguing Parliament and dissolving Lok Sabha.

2. Making nominations of 12 members to the Rajya Sabha and of 2 to the Lok Sabha.

3. Delivering inaugural address and sending message to the Parliament.

4. Exercising veto powers over non- money bills --- absolute as well as suspensive.

5. Giving prior permission of introducing certain kinds of bills in Parliament.

6. Promulgating an ordinance.

7. Causing presentations to the Parliament reports and recommendations of various Commissions

8. Exercising absolute veto power over State legislation.

Financial Powers -(1) All money bills can originate in the Parliament only on the recommendation of the President.(2) Keeping control over Contingency Fund of India.

(3). Causing presentation of Budget in the Parliament.

(4). Making appointment of Finance Commission.

Judicial Powers - The President appoints the Chief Justice and Judges of the Supreme Court and State High courts. He can grant pardon,reprieve, respite or remission of punishment or commute the sentence of any person punished under the union law. The

President enjoys legal immunity and is not answerable to any court of law for anything done in the exercise of his official duties.

Emergency Powers - The Constitution vests extraordinary powers in the President to deal with three types of emergencies --- (a) emergency due toexternal aggression or internal revolt (Art.352)

(b) emergency arising out of failure of constitutional machinery in the state (Art. 356) and

(c) Emergency arising from threat to the financial stability or credit of the country (Art 360).

Diplomatic Powers - President represents the country in international -fora. He sends ambassadors to foreign countries and receives their diplomats.All international treaties and agreements are concluded on behalf of the President.


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POSITION OF THE PRESIDENTThe Indian Constitution envisages a parliamentary form of government. Under such a system the President is the head of the

State but not the head of the government. The Head of the government is the Prime Minister. Though the executive powers are

vested in the President, he is constitutionally obliged to exercise his executive powers with the aid and assistance of the councilof ministers. Parliamentary form of government therefore is that in it the head of the State is the constitutional or formal head

and the real executive powers are vested in the Council of Ministers headed by the Prime minister responsible to the lower

house (Lok Sabha). Earlier there was no provision in the Constitution which made the advice of the council of ministersobligatory on the President. However, after the 42

ndAmendment Act 1976, the advice if the Council of Ministers is

constitutionally binding on the resident.

VICE PRESIDENTVICE PRESIDENTVICE PRESIDENTVICE PRESIDENT

The Vice President is elected by the members of the two houses of Parliament in accordance with the system of proportional

representation by means of a single transferable vote.

QUALIFICATIONS

A candidate for the office of the post of Vice President must

(1) be a citizen of India(2) be more than 35 years of age

(3) possess the qualifications prescribed for the membership of the Rajya Sabha

(4) not be a member of either House of the Parliament or State Legislature(5) Does not hold any office of profit under the Union or State government or local authority

TERM OF OFFICE


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The Vice President holds office for a term of five years. He is eligible for re-election. His office may terminate earlier than the

fixed term either by resignation or by removal. He may be removed by a resolution of the Rajya Sabha passed by a majority of itsmembers and agreed to by the Lok Sabha.

POWERS OF THE VICE PRESIDENT

The Vice - President is the ex-officio chairman of the Rajya Sabha and presides over its meetings. All bills, resolutions, motionsand questions can be taken up by the Rajya Sabha only with his consent. He discharges the functions of the office of the President

in case the office falls vacant on account of the death, resignation or removal of the President.

EMOLUMENTS

When the Vice President acts as or discharges the functions of the President he gets the emoluments of the President; otherwise he

gets the salary of the Chairman of the Council of States.

All doubts and disputes arising out of or in connection with the election of a President or Vice President is inquired into and

decided by the Supreme Court whose decision is final.

PRIME MINISTER AND COUNCIL OF MINISTERSPRIME MINISTER AND COUNCIL OF MINISTERSPRIME MINISTER AND COUNCIL OF MINISTERSPRIME MINISTER AND COUNCIL OF MINISTERSThe President of India is a constitutional executive head; the real executive authority of the Union is exercised by the Prime

Minister and his Council of Ministers. India has adopted a cabinet system of government. Article 74 of the Constitution laysdown that there shall be a Council of Ministers with the Prime Minister at the head to aid and advice the President who shall in the

exercise of his functions act in accordance with such advice. The office of the Prime Minister has been created by theConstitution. The Prime Minister is appointed by the President. Generally the President has no choice in the appointment of thePrime Minister and invites the leader of the majority party in the Lok Sabha for this office.

TERM - The Prime Minister theoretically holds office during the pleasure of the President. Actually the Prime Minister stays inoffice as long as he enjoys the confidence of the Parliament. The normal term is five years but it is automatically reduced if the house

is dissolved earlier.


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POWERS -The Prime Minister enjoys extensive powers

(1) He is the Leader of the majority party in the Lok Sabha(2) He can recommend the dissolution of Lok Sabha to the President before expiry of its normal term

(3) All the members of the Council of Ministers are appointed by the President on the recommendation of the Prime Minister.(4) He allocates portfolios among the various ministers and reshuffles them according to his wishes. He can ask a minister to resign

and even get him dismissed by the President.

(5) He presides over the meetings of the Council of Ministers and exercises a strong influence on its decisions.(6) The Prime Minister is the chief channel of communication between the President and the Council of Ministers and keeps the

former informed about all the decisions of the council.

COUNCIL OF MINISTERS

A minister must be a member of either House of Parliament. If a person who is not a member of either House of Parliament is

appointed a minister, he shall cease to be a minister after six months, unless in the meanwhile he manages to get elected to either of

the two Houses. Ministers may be chosen from members of either House or a Minister who is a member of one House, has right tospeak in and to take part in the proceedings of the other House though he has no right to vote in the House of which he is not member.

The Council of Ministers is not a single body but a composite body, consisting of ministers of different ranks. The classification isdone informally following the British practice. The Ministers are divided into three categories, viz., Cabinet Ministers, Ministers ofState and Deputy Ministers. The Cabinet is an informal body of senior Ministers who form the inner circle. It is like a wheel within a

wheel. The Council of Ministers, seldom meets as a body. It is the Cabinet which meets as and when summoned by the Prime

Minister.


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PRINCIPLES ON WHICH THE CABINET SYSTEM OF GOVERNMENT FUNCTIONS-

(1) The parliamentary form of government is based on the principle of collective responsibility. Article 75(3) of theConstitution states that the Council of Ministers is collectively responsible to the Lok Sabha. It means that all the Ministers

are collectively answerable to the Lok Sabha for the policies and decisions of the government, even though a decision taken

may pertain to a single ministry. The individual ministers may have differences among themselves on certain issues but once a

decision is taken by the cabinet it becomes a joint decision of all the Ministers. If a minister does not agree with the decision of

the cabinet he has no choice, but to resign. The Council of Ministers works as a team. Thus it swims or sinks together.

(2) Individual Responsibility of Ministers:

Apart from collectively responsible to the Lok Sabha, all ministers are individually responsible to the President. Article 75(2)declares that the ministers hold office during the pleasure of the President.

(3) Role of the Prime Minister:

The Prime minister is the keystone of the cabinet arch. He is central to the formation of the Council of Ministers, central to its

life and death. If the Prime Minister resigns or dies the whole Council of Ministers goes out along with him. The Prime

Minister is the primus inter pares (first among equals). It is he who summons and presides over meeting of the Cabinet.

Moreover he can remove a minister at any time by demanding a ministers resignation or having him dismissed by the

President.

The Prime Minister acts as the connecting link between the President and the Cabinet. Article 78 of the Constitution lays

down that it is duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers and to

furnish such information relating to the administration of the affairs of the Union. The Prime Minister is also the main link

between the Cabinet and Parliament.


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Union LegislatureThe Parliament of India consists of the President and the two houses the Lower House or Lok Sabha and theUpper House or Rajya Sabha.

RAJYA SABHARAJYA SABHARAJYA SABHARAJYA SABHAIt is the Upper House of the Parliament. It consists of representatives of the states. The maximum strength of the Rajya Sabha is 250.

Of these 238 represent the States and Union territories and the rest 12 are nominated by the President from amongst persons who havedistinguished themselves in the field of literature, art, science, social service, etc.Representatives of the states are elected by

members of State Legislative Assemblies on the basis of proportional representation through a single transferable vote. The Rajya

Sabha represents the federal character of the Constitution in the Parliament. The membership of a State is based on the population

of that state.

TERM: The Rajya Sabha is a permanent body, and not subject to dissolution. One third of its members retire every 2- year. Themembers are elected by the elected members of the State Legislative Assemblies for a six year term.. There are no seats reserved for

Scheduled Castes & Tribes in the Rajya Sabha.

QUALIFICATIONS FOR MEMBERSHIP

In order to be qualified to become a member of the Rajya Sabha, a person must be:

(1) be a citizen of India;

(2) not be less than 30 years of age; and(3) have registered as a voter in any parliamentary constituency.

CHAIRMAN AND DEPUTY CHAIRMAN OF RAJYA SABHA

The Vice President of India is ex-officio chairman of the Rajya Sabha. He presides over the proceedings of the Rajya Sabha. In hisabsence the Deputy Chairman of the Rajya Sabha presides over. The Deputy Chairman is elected by the members of the Rajya Sabha

amongst themselves.


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SPECIAL POWERS OF THE RAJYA SABHA

The special powers of the Rajya Sabha are in the form of initiating certain resolutions.

These are:

(1) A resolution seeking the removal of the Vice-President can originate only in the Rajya Sabha where the resolution must be passed

by a majority of all the then members of the Rajya Sabha, and agreed to by the Lok Sabha.

(2) If the Rajya Sabha passes a resolution by a majority of not less than two- thirds of the members present and voting that it isnecessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State

List, it shall be lawful for Parliament to make law for the whole or any part of the territory of India on that matter for a period of notexceeding more than one year.

(3) If the Rajya Sabha passes a resolution by a majority of not less than two- third of the members present and voting that it isnecessary or expedient in the national interest, to create one or more all- India services, Parliament by law may provide for such

services.

LOK SABHALOK SABHALOK SABHALOK SABHA

The Lok Sabha is the popular house of the Indian Parliament. It consists of representatives elected by the people on the basis ofuniversal adult franchise through secret ballot. The constitution prescribes a membership of not more than 530

representatives of the states, not more than 20 representatives of the Union Territories and not more than 2 members of theAnglo- Indian Community nominated by the President. if in the opinion of the President that the Anglo- Indian community is notadequately represented in the Lok Sabha. The Constitution empowers the Parliament to readjust the seats in the Lok Sabha on the

basis of population after every census.


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TERM -The normal term of the Lok Sabha is five years, but it may be dissolved earlier by the President. The 42ndAmendment

Act 1976 extended the normal life of the Lok Sabha to six years, but the 44th amendment Act 1978 has set it at five

years as the original Constitution envisaged. The life of the Lok Sabha can be extended by the Parliament beyond the five yearterm when a proclamation of emergency underArticle 352 is in force. But the Parliament cannot extend the normal life of the LokSabha for more than one year at a time, but in any case such extension cannot continue beyond a period of six months after the

proclamation comes to an end.

QUALIFICATIONS FOR MEMBERSHIP OF LOK SABHA

In order to be a member of the Lok Sabha, a person must:

(1) be a citizen of India

(2) not be less than 25 years of age and

(3) has registered as a voter in any Parliamentary constituency.

DISQUALIFICATIONS FOR MEMBERSHIP.

A person shall be disqualified for being a chosen as, and for continuing as, a member of either House of the Parliament if he:

(a) holds any office of profit;

(b) is of unsound mind;

(c) voluntarily acquires the citizenship of a foreign country;

(d) is an undercharged insolvent; or

(e) is disqualified under any law made by the Parliament

A member who incurs any of the disqualification after election is deemed to have vacated his seat. A member can resign at anytime. His resignation has to be accepted by the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha as the case may be.

If a member of either House remains absent for 60 days without seeking the permission of the House, the House may declare his

seat vacant. Matters of disqualifications of a member are decided by the President in consultation with the Election Commission,

which is binding on him.

SPEAKER AND DEPUTY SPEAKER OF THE LOK SABHA


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brings an end to a session of the house. The parliament ordinarily meets in three sessions in a year. These are the

Budget Session (February-May), Monsoon session (July-August) and winter session (Nov-December).

FUNCTIONS AND POWERS OF THE PARLIAMENT

(1) Providing the cabinet

(2) Control of the cabinet

(3) Criticism of the cabinet and of the individual ministers

(4) An organ of information

(5) Legislation

(6) Financial control(7) According to Art368 Parliament can amend the Constitution of India.

(8) Electoral-Parliament participates in the election of the President and Vice President of India

(9) Power of removing functionaries like the President and Vice- President and judges of the Supreme Court and High Courts.

JOINT SESSIONS OF PARLIAMENT

The President can call joint sessions of the two Houses if a bill passed by one House is rejected by the other House or if the

amendments proposed to a bill by one House are not acceptable to the other House, does not take any action on a bill remittedto it for six months. Decision is taken by a majority of the total members present. The deadlock over a bill in a joint sitting is

resolved by present and voting. Since the Lok Sabha has a larger membership in a joint sitting generally the will of the Lok

Sabha prevails. After the passage of the bill in a joint sitting it is presented to the President for his assent. But no joint sitting

can be summoned to resolve a deadlock in case of a Money bill or a Constitutional Amendment bill.

LEGISLATIVE PROCEDURE

The primary function of Parliament is law making. Art 107 to 122 of the Constitution deal with the legislative procedure with

reference to the passing of the bills in the Parliament. Bills may be classified under four heads viz., Ordinary, Money,

Financial and Constitutional Amendment bills. Money and financial bills cannot be introduced in the Rajya Sabha. The

other bills can be introduced in either house of the Parliament. Bills are of two types viz., Government and private members

bills. Money, financial and an ordinary bill under Article 3 can be introduced only on the recommendation of the President.

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Private members bills is the same.

The different stages in the legislative procedure in the Parliament-

(a) Introduction of the Bill. The first stage of legislation is the introduction of a Bill. After the Bill has been introduced in the

house it is published in the Gazette of India. The introduction of the bill and its publication in the Gazette constitutes the First

reading of the Bill.

(b) Second reading of the Bill- At this stage the bill is discussed in thoroughness. There are different courses of action open at

the second stage; (1) the bill may be taken into consideration at once; (2) the Bill may be referred to a Select committee or a

Joint committee of the House (3) the bill may be circulated for the purpose of eliciting public opinion on it.

(c) Third reading of the Bill. This is the final reading which is more or less a formal affair.

After the bill has been accepted by the House it is deemed to have been passed by the House. It is then transmitted to the other

House where it has to pass through the same process. The other House has four alternatives before it. These are:

(1) It may pass the bill with no amendment. In that case the bill will be deemed to have been passed by both houses.

(2) It may pass the bill with amendments. In this case, the bill will be returned to the originating House. If the House which

originated the bill accepts the bill as amended by the other House, it will be deemed to have been passed by both Houses.

However if the originating house does not agree to the amendments made by the other House and if there is final disagreementas to the amendments between the two Houses the President may summon a joint sitting of the two Houses to resolve the

deadlock

(3) It may reject the bill altogether. Then the President may under Art 108 summon a joint sitting to resolve the deadlock;

(4) It may take no action on the Bill by keeping it lying on its table. In such a case if more than six months elapse from the date

of reception of the bill, then it is deemed that there this a deadlock between the two Houses and the President may summon a

joint sitting of the Parliament.

PRESIDENTS ASSENT

After the bill has passed through both the Houses or through a joint sitting of the Parliament or it is ratified by not less than

half of the state legislatures as the case may be, it is presented to the President for his assent. If it is a Money Bill or a


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Constitutional Amendment bill, he has to give his assent to the bill. But in case of a bill other than these two, the President may

return the bill for the reconsideration of the Parliament with his recommendation. If the Bill is passed by both the Houses

again, with or without amendment as recommended by the President, it is sent to the President for the second time. At this

stage the President cannot withhold his assent. The bill after receiving the assent of the President becomes an Act.

SPECIAL PROCEDURE WITH RESPECT TO MONEY BILL

If any question arises whether a bill is a money bill or not, the decision of the Speaker of the Lok Sabha is final. His decision in

this respect cannot be questioned in a court of law. A money bill cannot be introduced in the Rajya Sabha. It cannot be

introduced without the recommendation of the President. After it is passed by the Lok Sabha it is transmitted to the Rajya

Sabha. The Rajya Sabha cannot reject or amend a money bill by virtue of its powers. It has only a recommendatory role to

play in the passing of a Money bill. After receiving a money bill from the Lok Sabha, the Rajya Sabha within a period of 14

days must return the bill to the Lok Sabha with or without the recommendations. After the Money Bill is passed by the

Parliament it is presented to the President for his assent. The President cannot send back a money bill to the reconsideration

of the Parliament; he shall give his assent.

SPECIAL PROCEDURE WITH RESPECT TO FINANCIAL BILL

A financial bill can be introduced only in the Lok Sabha, that too on the recommendations of the President. However the

Rajya Sabha has equal powers to reject or amend it. The President may also send a financial bill for the reconsideration of the

Parliament once.

PARLIAMENTS CONTROL OVER THE FINANCIAL SYSTEM

The financial system consists of two branches, viz., revenue and expenditure. Article 265 states that no tax can be levied or

collected without the sanction of the Parliament. All the revenue and loans raised by the authority of law are paid into the

Consolidated Fund of India. Under Article 266 no money can be withdrawn or spent or appropriated from the Consolidated

Fund of India without the sanction of the Parliament. The Parliament thus controls the revenue expenditure and

appropriation of government funds.


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THE BUDGETTHE BUDGETTHE BUDGETTHE BUDGET

The budget is the annual financial statement of the government. It is a government bill and is classified as a Money Bill. It is

presented to the Lok Sabha upon the recommendation of the President The budget is a statement of the estimated receipts and

expenditures of the government of India for the following financial year. All the expenditures approved through various

demands for grants and expenses charged on the Consolidated Fund of India, are then presented in the form of a single bill

called the Appropriation Bill. The proposals for taxation to raise revenue are presented in the form of Financial Bill

CONSOLIDATED FUND OF INDIA- It is a fund to which all the revenue, loans raised and income of the Government ofIndia are deposited.

Charged expenditures are expenditures that do not require the approval of the Parliament to be spent out of the Consolidated

Fund of India.

CONTINGENCY FUND OF INDIA- This fund was created in 1950 by an act of Parliament on the basis ofpowers provided under Art 267. It has a limit of 50 cores. It is placed at the disposal of the President to meet

unforeseen expenditures where the Parliaments approval cannot be obtained owing to time factor.

QUESTION HOUR. Normally the first hour of the business of a house every day is devoted to questions and iscalled question hour.

ADJOURNMENT MOTIONSAn adjournment motion is an extraordinary procedure which if admitted leads tosetting aside the normal business of the house for discussing a definite matter of urgent public importance.

CALL- ATTENTION MOTION- A Member of Parliament may with prior permission of the Speaker, call the attention ofa minister to any matter of urgent public importance and the minister may make a brief statement or ask for time to make a

statement at a later hour or date.

NO - CONFIDENCE MOTION- A motion moved by a member to express lack of confidence in the Government for anyreason. The motion, if allowed is debated upon. At the conclusion of such a debate, a vote of confidence is sought by the

government and it fails to get the required majority of votes, it has to resign.


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The State ExecutiveThe executive at the state level has been modeled on the central pattern. It consists of the Governor, the Council

of Ministers and the Chief Minister.

THE GOVERNORTHE GOVERNORTHE GOVERNORTHE GOVERNOR

The executive power of the state is vested in the Governor and all the executive action of the state has to be taken in the name of the Governor. Normally there is

a governor for each state but it is possible to appoint the same person as Governor for two or more states.

APPOINTMENT, TERM OF OFFICE AND QUALIFICATIONS

The Governor is appointed by the President and holds office during the pleasure of the President. The Governor is appointed for a term of five years. However, he

can relinquish his office earlier by tendering his resignation to the President. The President can also remove him from office before the expiry of his term.

TO BE ELIGIBLE FOR APPOINTMENT AS GOVERNOR A PERSON


(2) must have completed 35 years of age

(3) should not be a member of either house of Parliament or the State legislature

(4) must possess the qualifications prescribed for membership of the state legislatures

(5) must not hold any office of profit.

Powers and Functionsthe Constitution vests quite extensive powers in the Governor and he is expected to exerciseon the advice of the Council of Ministers.

(1) EXECUTIVE POWERSEXECUTIVE POWERSEXECUTIVE POWERSEXECUTIVE POWERS


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The Governor is assisted in the discharge of his functions by a Council of Ministers headed by the Chief Minister. The Chief Minister isappointed by the Governor. Generally the leader of the majority party in the state assembly is appointed Chief Minister, who holdsposition identical to that of the Prime Minister at the center. He enjoys a term that runs parallel to that of the state legislature. The Chief

Minister recommends to the Governor the names of persons to be appointed as members of the Council of Ministers and allocatesportfolios among them. The Chief Minister is the chief link between the Governor and the Council of Ministers and keeps the formerinformed of all decisions of the council.

COUNCIL OF MINISTERCOUNCIL OF MINISTERCOUNCIL OF MINISTERCOUNCIL OF MINISTER

The Council of Ministers which has been provided by the constitution to aid and assist the Governor consists of the Chief Minister andother ministers. While the minister is appointed by the Governor, the other members are appointed by the governor on the advice of theChief Minister. Any person can be appointed as a minister but he ceases to be a minister if he is not elected as a member of the Statelegislature within six months after his appointment as a Minister. The Council of Ministers is collectively responsible to the Vidhan Sabha

ADVOCATEADVOCATEADVOCATEADVOCATE GENERALGENERALGENERALGENERAL

The Advocate General is the first law officer of a state. The office corresponds to the office of the Attorney General of India and enjoyssimilar function within the state. He is appointed by the Governor and holds office during the pleasure of the Governor. A person who isqualified to be appointed as a judge of a high court can only be appointed as Advocate General. He has the right to participate in theproceedings of the houses of state legislatures without the right to vote and has the right of audience in any court in the State.


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State LegislatureThe Constitution provides for a Legislature for every state. The legislature of every state consists of the Governor and one or two Houses. The

legislatures in the state are either bicameral (consisting of two Houses) or unicameral (consisting of one House). The lower House is

always known as the Legislative Assembly (Vidhan Sabha) and the Upper House wherever it exists as the Legislative Council

(Vidhan Parishad). At present only five states have a bicameral legislature- Bihar, Jammu & Kashmir, Karnataka,

Maharashtra and Uttar Pradesh. All other states have only one house. The Legislative Councils can be created or abolished in a state by

the Parliament underArt. 169

. by a simple procedure. If the Legislative Assembly of the state passes a resolution by a majority of the total

membership of the Assembly and by a majority of not less than two-third of the members present and voting, the Parliament may approve the

resolution by a simple majority.

COMPOSITION OF THE HOUSESCOMPOSITION OF THE HOUSESCOMPOSITION OF THE HOUSESCOMPOSITION OF THE HOUSES

LEGISLATIVE ASSEMBLYLEGISLATIVE ASSEMBLYLEGISLATIVE ASSEMBLYLEGISLATIVE ASSEMBLY

This is the popular House of the State Legislature and consists of directly representatives of the people. It is popularly known as Vidhan

Sabha. The strength of the legislative assembly varies from 60 to 500 in different states according to the population. However the

legislative assembly of Sikkim has only 32 members. The members of the assembly are chosen directly by the people on the basis

of adult franchise from territorial constituencies in the state. In the Legislative Assembly of every state, seats are reserved for the

Scheduled Tribes and Scheduled Castes on the basis of population. If a Governor of a State is of the opinion that the Anglo- Indian

community is not adequately represented in the Legislative Assembly he may nominate one member of that community to the Assembly as

he considers appropriate.

TENURETENURETENURETENURE----The normal tenure of the Legislative Assembly of every state is of five- years but it may be dissolved earlier by the Governor. Likewise its term can be

extended by one year at a time by the Parliament during national emergency.

QUALIFICATIONSQUALIFICATIONSQUALIFICATIONSQUALIFICATIONS

A person can become a member of the Legislative Assembly only if he


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(1) is a citizen of India

(2) is more than 25 years of age

(3) does not hold any office of profit under the state or central government

(4) possesses such other qualifications as may be prescribed by law.

If any question arises as to whether a member of a House of the Legislature of a state has become a subject to disqualification the question shall be referred for the

decision of the Governor and his decision shall be final.

OFFICERSOFFICERSOFFICERSOFFICERS

A Legislative Assembly shall have its Speaker and Deputy Speaker elected from among its members.

LEGISLATIVE COUNCILLEGISLATIVE COUNCILLEGISLATIVE COUNCILLEGISLATIVE COUNCILIt is the Upper House of the State Legislature and contains various categories of members. It is popularly known as Vidhan Parishad. The

membership of the Council shall not be more than one third of the membership of the legislature but not less than 40. Broadly speaking

5/6 of the total number of members of the council shall be indirectly elected and 1/6 will be nominated by the Governor. Thus

(a) 1/3 of the total number of members of the council shall be elected by electorates consisting of members of local bodies, such

as municipalities, district boards;(b) 1/12 shall be elected by electorates consisting of graduates of three years standing residing in that state;

(c) 1/12 shall be elected by electorates consisting of persons engaged for at least three years in teaching in educationalinstitutions within the State not lower in standard than secondary schools

(d) 1/3 shall be elected by the members of the legislative assembly from amongst persons who are not members who are notmembers of the Assembly.

(e) 1/6 are to be nominated by the governor from persons having special knowledge or practical experience in Literature,Science, Art, Co-operative movement and social service.


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Indian Federalism and Center State

Relations

The Constitution provides a federal system of government in the country even though it describes India as a

Union of States. The term implies that firstly, the Indian federation is not the result of an agreement between

independent units, and secondly, the units of Indian federation cannot leave the federation. The Indian

Constitution contains federal and non- federal features.

FEDERAL FEATURESFEDERAL FEATURESFEDERAL FEATURESFEDERAL FEATURES

The federal features of the Constitution include:(1) A written constitution which defines the structure, organization and powers of the central as well as state governments

(2) A rigid constitution which can be amended only with the consent of the states(3) An independent judiciary which acts as the guardian of the constitution.(4) A clear division of powers between the Center and the States through three lists- Union list, State list and Concurrent list(5) The creation of an Upper House (Rajya Sabha) which gives representation to the states, etc.

NONNONNONNON FEDERAL FEATURESFEDERAL FEATURESFEDERAL FEATURESFEDERAL FEATURES

The Constitution also contains a number of unitary features:(1) The creation of a very strong centre(2) The absence of separate constitutions for the states(3) The right of Parliament to amend major portions of the constitution by itself(4) A single citizenship for all(5) Unequal representation to the states in the Rajya Sabha(6) The right of Parliament to change the name, territory or boundary of states without their consent


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(7) The presence of All- India Services which hold key positions in the Centre as well as the States appointment of the Governor by thePresident(8) The granting of extensive powers to the President to deal with various kinds of emergencies

(9) The right of Parliament to legislate on state subjects on the recommendation of the Rajya Sabha(10) The presence of a single judiciary with the Supreme Court of India at the apex(11) The residuary powers under the Indian Constitution are assigned to the Union and not to the States.(12) The exclusive right of Parliament to propose amendments to the Constitution.(13) On account of the presence of a large number of non- federal features in the Indian Constitution India is often described as a quasi-federal country.

CENTRECENTRECENTRECENTRE STATE RELATIONSSTATE RELATIONSSTATE RELATIONSSTATE RELATIONS

Relations between the Union and States can be studied under the following heads

(a) Legislative Relations- the Constitution divides legislative authority between the Union and the States in three lists- the

Union List, the State List and the Concurrent List.

The Union list consists of 99 items. The Union Parliament has exclusive authority to frame laws on subjectsenumerated in the list. These include foreign affairs, defence, armed forces, communications, posts and telegraph,foreign trade etc.

The State list consists of 61 subjects on which ordinarily the States alone can make laws. These include public order,police, administration of justice, prison, local governments, agriculture etc.

The Concurrent list comprises of 52 items including criminal and civil procedure, marriage and divorce, economicand special planning trade unions, electricity, newspapers, books, education, population control and familyplanning etc.

Both the Parliament and the State legislatures can make laws on subjects given in the Concurrent list, but the Centre has a prior and supremeclaim to legislate on current subjects. In case of conflict between the law of the State and Union law on a subject in the Concurrent list, the lawof the Parliament prevails. Residuary powers rest with the Union government. Parliament can also legislate on subjects in the State list if the


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(a) The distribution between the union and the states of the net proceeds of the taxes which are to be divided between them and the

allocation between the states themselves of the respective share of such proceeds;

(b) The principles which should govern the grants-in-aid of the revenues amongst the states out of the Consolidated Fund of India.

COCOCOCO---- OPERATIVE FEDERALIOPERATIVE FEDERALIOPERATIVE FEDERALIOPERATIVE FEDERALISMSMSMSMThe Indian Constitution provides for a number of mechanisms to promote co-operative federalism. Article 263 empowers the President to

establish Inter-State Council to promote better co-ordination between the Centre and States.

INTERINTERINTERINTER ----STATE COUNCILSTATE COUNCILSTATE COUNCILSTATE COUNCILwas formally constituted in 1990. It is headed by the Prime Minister and includes six Cabinet ministers of the

Union and Chief Ministers of all the states and union territories.

ZONAL COUNCILSZONAL COUNCILSZONAL COUNCILSZONAL COUNCILSwere set up under the State Re-organization Act, 1956, to ensure greater cooperation amongst states in the field of

planning and other matters of national importance. The act divided the country into six zones and provided a Zonal Council in each zone.

Each council consists of the Chief Minister and two other ministers of each of the states in the zone and the administrator in the case of the

union territory. The Union Home Minister has been nominated to be the common chairman of all the zonal councils.


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Union Territories and Jammu andKashmir

At present there are seven Union Territories namely, Andaman and Nicobar Islands, Chandigarh, Dadra and

Nagar Haveli, Delhi, Daman and Diu, Laksha dweep, and Pondicherry. These areas have been placed under

the control of the central government for different reasons such as cultural distinctiveness, strategic importance

or due to political and administrative considerations.

AdministrationAdministrationAdministrationAdministration

There is no uniform system of administration in the Union Territories. Parliament has been vested with the power to prescribe

the structure of administration in the various Union Territories. The administrators of Union Territories are variously

known as Lieutenant Governors, Chief Commissioners or Administrators. Similarly some Union Territories

have Legislative Assemblies and Councils of Ministers such as Daman & Diu, Pondicherry and Delhi. In UnionTerritories with legislative assemblies, the right to legislate on subjects enumerated in the State list and Concurrent list vests

with the Assembly. In respect of other Union Territories the laws are enacted by the Parliament.

SPECIAL STATUS OF JAMMU AND KASHMIRSPECIAL STATUS OF JAMMU AND KASHMIRSPECIAL STATUS OF JAMMU AND KASHMIRSPECIAL STATUS OF JAMMU AND KASHMIR

Article 370of the Indian Constitution accords special status to the state of Jammu & Kashmir. The Constitution specifically

stipulates that the provisions with respect to the state of Jammu & Kashmir are of purely temporary nature. The article wasincorporated in the Constitution in pursuance of the commitment made by Nehru to Maharaja Hari Singh in October 1947 at

the time of signing the Instrument of Accession of Jammu & Kashmir to India.

The following are some of the features of the special relationship between the Union of India and Jammu &

Kashmir:


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(1) Jammu & Kashmir has its own Constitution which was framed by a special Constituent Assembly set up by the state and

came into being on the 26th

January, 1957

(2) The Parliament cannot make law with regard to Jammu &Kashmir on subjects in the State List

(3) The residuary power lies with the Legislature of Jammu &Kashmir and not with the Parliament.(4) It follows dual citizenship. Only the citizens of Jammu & Kashmir can take part in the elections to the State Assembly and

acquire, own and dispose of immovable property in Jammu & Kashmir.

(5) The Parliament cannot change the name, boundary or territory of Jammu & Kashmir, without the concurrence of the

State Legislature.

(6) Only national emergency proclaimed on grounds of war or external aggression shall have automatic extension to Jammu &

Kashmir. National emergency proclaimed on the basis of armed rebellion shall not be automatically extended to Jammu &

Kashmir.

(7) Apart from the Presidents rule, Governors rule can also be imposed for a maximum period of six months, in case of

constitutional breakdown in the state.

(8) The Union has no power to proclaim a financial emergency to Jammu & Kashmir.

(9) Part IV and IVA of the Constitution relating to the Directive Principles of State Policy and the Fundamental Duties are not

applicable to of Jammu & Kashmir.

The High Court of Jammu & Kashmir enjoys very limited powers. It cannot declare any law unconstitutional or issue

writs, except for the enforcement of the Fundamental Rights.


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SUPREME COURTThough India is a federal system, India has opted for a unified and single judiciary and a single integrated system of

courts for the Union as well as the States. The Supreme Court stands at the apex of the judicial system of India. It

consists of a Chief Justice and 25 other judges.

APPOINTMENTAPPOINTMENTAPPOINTMENTAPPOINTMENTThe Chief Justice of the Supreme Court is appointed by the President with the consultation of such judges

of the Supreme Court and High Courts as he may deem necessary for the purpose. The other judges of the Supreme Court are

appointed by the President with the consultation of Chief Justice.

QUALIFICATIONS OF JUDGESQUALIFICATIONS OF JUDGESQUALIFICATIONS OF JUDGESQUALIFICATIONS OF JUDGES

A person to be qualified for appointment as a judge of the Supreme Court must be:

(a) Be a citizen of India, and

(b) Have been a judge of a High Court or two or more such courts in succession for at least five years or

(c) Have been an advocate of a high court or two or more such courts in succession for at least ten years or(d) A distinguished jurist in the opinion of the President.

TENURETENURETENURETENURE AND SALARYAND SALARYAND SALARYAND SALARY

A judge of the Supreme Court vacates his office on attaining the age of sixty-five years or by resignation addressed to the President

or by removal by the President upon a resolution passed by both Houses of Parliament supported by a majority of the total

membership of that House and by a majority of not less than two- thirds of the members present and voting on the ground of


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proved misbehavior or incapacity.

The Chief Justice of India gets a salary of Rs. 33,000 and other Judges Rs. 30,000 per month.

SEATSEATSEATSEAT- the Supreme Court normally sits at New Delhi.

INDEPENDENCE OF SUPREME COURT JUDGESINDEPENDENCE OF SUPREME COURT JUDGESINDEPENDENCE OF SUPREME COURT JUDGESINDEPENDENCE OF SUPREME COURT JUDGES

The Constitution has made provisions to ensure the independence of judges

(1) The salaries and allowances of judges have been charged on the Consolidated Fund of India and are not subject to a vote ofParliament

(2) The salaries and other service conditions of judges cannot be changed to their disadvantage during their tenure.

(3) The conduct of a judge of the Supreme Court cannot be discussed in the Parliament, except on the resolution for the

removal of a judge.

(4) The President shall have to consult the Chief Justice of India before appointing a person as a judge of Supreme Court.

(5) Once appointed, a Judge of the Supreme Court can only be removed from office by the President on the basis of a

resolution passed by both the Houses of the Parliament with a majority of the total membership and a majority of not less than

two-thirds of the members present and voting in each house, on grounds of proved misbehavior or incapacity of the judge inquestion.

(6) After retirement, a judge of the Supreme Court is prohibited from practicing or acting as a judge in any court or before

any authority in India.

JURISDICTION OF THE SUPREME COURTJURISDICTION OF THE SUPREME COURTJURISDICTION OF THE SUPREME COURTJURISDICTION OF THE SUPREME COURT- The jurisdiction of the Supreme Court are five-fold., original, writ,

appellate, advisory and revisory jurisdiction.

(a) ORIGINAL JURISDICTIONORIGINAL JURISDICTIONORIGINAL JURISDICTIONORIGINAL JURISDICTION- The original jurisdiction of the Supreme Court is purely federal in character, and it has exclusive

authority to decide any dispute:

(1) disputes between the Centre and one or more states


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HIGH COURTThe judiciary in states consists of a High Court and subordinate courts. The Parliament can, however, establish

by law a common High court for two or more such states, or for one or more states and one or more union

territories.

APPOINTMENT OF JUDGESAPPOINTMENT OF JUDGESAPPOINTMENT OF JUDGESAPPOINTMENT OF JUDGES....

Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time appoints. The

Constitution, unlike in the case of the Supreme Court does not fix any maximum number of Judges of a High Court but leaves

it to the President . The President has the power to appoint:

(1) Additional judges for a temporary period , not exceeding two years, for the clearance of arrears of work in a High Court.

(2) An acting judge when a permanent judge of a high court is temporarily absent or unable to perform his duties. An acting

judge holds office until the permanent judge resume his office, but neither an acting judge nor an additional judge can holdoffice until the age of 62 years. The Chief Justice of a high court is appointed by the President in consultation with the Chief

Justice of India and the Governor of the concerned state. The judges of High Court are appointed by the President in

consultation with the Governor of the state, the Chief Justice of India and the Chief Justice of the High Court.

QUALIFICATIONSQUALIFICATIONSQUALIFICATIONSQUALIFICATIONS To qualify for appointment as a Judge of the High Court, a person:


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(2) should have been an advocate of a High court or two or more such courts in succession for at least 10 years ; or should have

held judicial office for at least in Indian territory for a period of at least 10 years

TERMTERMTERMTERM

The Judges of the High Court hold office till they attain the age of 62 years Their term can be cut short due to resignation or

removal by the President on grounds of proved misbehavior or incapacity. The President can remove a Judge of the High

Court from his office only if the Parliament passes a resolution by a two-third majority of its members and voting in each

house, requesting him to remove the judge.

INDEPENDENCE OF THEINDEPENDENCE OF THEINDEPENDENCE OF THEINDEPENDENCE OF THE JUDGESJUDGESJUDGESJUDGES

As in the case of the Judges of the Supreme court, the Constitution seeks to maintain the independence of the Judges of

the High Courts by a number of provisions:

(a) by laying down that a Judge of the High Court shall not be removed, except in the manner provided for the removal

of a Judge of the supreme court;

(b) by providing that the expenditure in respect of the salaries and allowances of the Judges shall be charged on the

Consolidated fund of State,

(c) the salaries and allowances payable to Judges of High Courts cannot be changed to their disadvantage after

appointment except during a financial emergency.

(d) the conduct of Judges of the High Court cannot be discussed in Parliament except on a motion of resolution for the

removal of a Judge

(e) after retirement a permanent Judge of High Court shall not plead in a court or before any authority of India except

in the Supreme court and a High Court other than the High Court in which he held office.

TRANSFER OF A JUDGE FROM ONE HIGH COURT TO ANTRANSFER OF A JUDGE FROM ONE HIGH COURT TO ANTRANSFER OF A JUDGE FROM ONE HIGH COURT TO ANTRANSFER OF A JUDGE FROM ONE HIGH COURT TO ANOTHEROTHEROTHEROTHER-


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The Constitution, under Article 222 empowers the President, after consultation with the Chief Justice of India

to transfer a Judge from one High Court to another.

JURISDICTION OF THE HIGH COURTSJURISDICTION OF THE HIGH COURTSJURISDICTION OF THE HIGH COURTSJURISDICTION OF THE HIGH COURTS

(a) ORIGINAL JURISDICTION-

(1) For the High Courts of Calcutta, Bombay and Madras- civil cases of value exceeding Rs. 2,000, criminal cases referred by the

Presidency Magistrates and cases relating to admiralty, will , divorce, marriage , company laws and contempt of court

(2) settlement of disputes relating to the election of members to Union and state legislatures

(b)APPELLATE JURISDICTIONAs courts of appeal all High Courts entertain appeals in civil and criminal cases from their

subordinate courts as well as from their original side. They have, however no jurisdiction over tribunals established under the law

relating to the armed forces of the country.

(c) WRIT JURISDICTIONUnderArticle 226of the Constitution the High Courts are given powers of issuing writs for theenforcement of Fundamental Rights and for other purposes.

(d)ADMINISTRATIVE

(1) Superintendence and control over subordinate courts,

(2) Calling from subordinate courts returns and issuing general rules to regulate their proceedings etc.

(3) withdrawing a case from a subordinate court and sending it back after deciding a substantial question of law

(4) Appointment of Staff and making of rules and regulations for their service conditions. Article 227 empowers High Courts to

exercise superintendence over all courts and tribunals, except those dealing with the Armed Forces


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Electoral SystemThe electoral system of India is largely based on the British pattern. Parliament has passed a number of laws toregulate the electoral system. Some prominent laws enacted by the Parliament include Representation of

Peoples Act, 1950, Representation of Peoples Act 1951 etc. The main features of the electoral system are;

(1) It is based on universal adult franchise, which means that all citizens above the age of 18 years are entitled

to take part in elections provided they have registered themselves as voters and fulfill certain conditions .

(2) There is a single electoral body and the system of communal representation has been done away with.(3) Representation is based on the territorial principle. Elections are held on the basis of single member

constituencies.

ELECTION COMMISSIONELECTION COMMISSIONELECTION COMMISSIONELECTION COMMISSION

The Constitution provides for an independent Election Commission to ensure free and fair elections. The Election

Commission consists of a Chief Election Commissioner and such other commissioners as the President may decide fromtime to time. In October 1993 the Government promulgated an Act which provided for the appointment of Election

Commissioners. At present there is a Chief Election Commissioner and two other Election Commissioners who are

appointed by the President for a five year term. The term can be cut short on account of resignation or removal by the

President on grounds of proved misbehavior or incapacity on the recommendations of the Parliament.

FUNCTIONS OF THE ELECTION COMMISSION


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FUNCTIONS OF THE ELECTION COMMISSION

(1) To superintend, direct and control elections to the Parliament and the state legislature

(2) to conduct elections of the post of the President and Vice President(3) to lay down general rules for elections

(4) to determine constituencies and to control the preparations of electoral rolls, allot symbols to recognized political

parties

(5) to settle any disputes arising in connection with the elections

(6) conduct counting and declare results

(7) postpone or countermand elections for specific reasons.

Local Government PanchayatsPanchayats Raj is an important feature of the Indian political system which ensures the direct participation of people at the grassroots level. After independence the framers of the Constitution decided to give them importance and underArticle 40 of the

Directive Principles directed the states to organize village Panchayats as units of self government. A number of committees were

appointed like the Balwantrai Mehta committee and Ashok Mehta committee to suggest measures for the improvement of the

working of Panchayat Raj institutions. The Constitution passed the 73rd

and 74th

Amendment Acts, 1992 which was related to

working of Panchayats and Municipalities.

The Constitution envisages a three-tier system of Panchayats namely:(a) The village level;

(b) The District Panchayat at the district level;

(c) The Intermediate Panchayat which stands between the village and district Panchayats in the States where the population is

above 20 lakhs.

All th t i P h t h ll b fill d b h b di t l ti f t it i l tit i i th


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All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the

Panchayat area. The electorate has been named Gram Sabha consisting of persons registered in the electoral rolls relating to

a village comprised within the area of a Panchayat. Seats shall be reserved for Scheduled Castes and Scheduled Tribes and

woman. A State may by law make provision for similar reservation of the offices of Chairpersons in the Panchayats at thevillage and other levels. The Chairperson is elected according to the law passed by the State.

DURATION OF A PANCHAYAT:Each Panchayat shall continue for five years from the date of its first meeting. But it can

be dissolved earlier in accordance with the procedure prescribed by State Law.

QUALIFICATIONS FOR MEMBERSHIP:All persons who are qualified to be chosen to the State Legislature shall be

qualified to be chosen as a member of Panchayat. The only difference is that a person who has attained the age of 21 years will

be eligible to be a member of a Panchayat.

POWERS AND FUNCTIONS OF PANCHAYATS

State Legislatures have the legislative power, to confer on the Panchayats such powers and authority as may be necessary to

enable them to function as institutions of self- government. They may be entrusted with the responsibility of:

(a) Preparing plans for economic development and social justice,(b) Implementation of schemes for economic development and social justice

(c) In regard to matters listed in the Eleventh Schedule. This Schedule contains 29 items, e.g., land improvement, minor

irrigation, animal husbandry, fisheries, education, woman and child development. A State may by law authorize a Panchayat

to levy, collect and appropriate taxes, duties, tolls etc.

A State Election Commission consisting of a State Election Commissioner is to be appointed by the Governor to conduct

elections to the Panchayats. Any question with respect to elections shall be referred to such authority as the State Legislature

may provide by law. Courts will have no jurisdiction in this matter.

MUNICIPALITIES

Institutions of self government in urban areas are called by a general term Municipalities They are of three types:


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Institutions of self- government in urban areas are called by a general term Municipalities. They are of three types:

(a) Nagar Panchayat, for a transitional area, i.e., an area which is being transformed from a rural areas to an urban area

(b) Municipal Council for a smaller urban area(c) Municipal Corporation for a larger urban area

COMPOSITION OF MUNICIPALITIES The members of a municipality would generally be elected by direct election.The Legislature of a State may by law provide for representation in a municipality of:

(1) persons having special knowledge or experience in municipal administration

(2) members of Lok Sabha ,State Assembly, Rajya Sabha and Legislative Council, and

(3) the Chairpersons of Committees . Seats are too reserved for the Scheduled Castes and Scheduled Tribes as well as for

woman.

For one or more wards comprised within the territorial area of a municipality having a population of three lacs or more it

would be obligatory to constitute Ward Committees.

DURATION OF MUNICIPALITIES Every municipality shall continue for five years from the date of its first

meeting. But it may be dissolved earlier according to law.

QUALIFICATIONS FOR MEMBERSHIP All persons who are qualified to be chosen to the State Legislature shallbe qualified for being a member of the municipality. There is an important difference. Persons who have attained the age of 21

years will be eligible to be a member while for election to the state legislature a person must have attained the age of 25 years.

POWERS AND RESPONSIBILITIES OF MUNICIPALITIES Legislatures of States have been conferred thepower to confer on the Municipalities all such powers and authority as may be necessary to enable them to function as

institutions of self-government. It has been specially been mentioned that they may be given the responsibility of:

(a) preparation of plans for economic development and social justice,

(b) implementation of schemes as may be entrusted to them, and

(c) in regard to matters listed in the 12th

Schedule. This schedule contains 18 items, e.g., urban planning, regulation of land

use, roads and bridges, public health etc. A State Legislature may by law authorize a Municipality to levy, collect and

appropriate taxes, duties, tolls etc.


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The State election commission shall have the power to conduct elections to Municipalities. Any doubts with respect to elections

will be examined by any authority as prescribed by the state legislature. The courts will have no jurisdiction in this matter.

Apart from giving constitutional reorganization to Municipalities the 74th

Amendment lays down that in every state two

committees shall be constituted.

(1) At the district level a District Planning Committee

(2) In every metropolitan area a Metropolitan Planning Committee

Documents

35662075 Indian Constitution