59671394 Indian Polity Material

8/3/2019 59671394 Indian Polity Material

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CONSTITUTION OF INDIA

The Constitution of India was passed by the Constituent Assembly of India on November 26,1949, and came into effect on January 26, 1950. India celebrates January 26 each year as

Republic Day. It is the longest written constitution of any independent nation in the world,

containing 395 articles and 12 schedules, as well as numerous amendments, for a total of

117,369 words in the English language version.

Contents

1 The importance of the Constitution

2 History

2.1 The Cabinet Mission

2.2 The Constituent Assembly

2.3 Objectives Resolution

3 Features

4 Features of the Indian Constitution adapted from other Constitutions

5 Preamble5.1 The importance of the Preamble

5.2 Explanation of some of the important words in the Preamble5.2.1 Sovereign

5.2.2 Socialist5.2.3 Secular

5.2.4 Democratic5.2.5 Republic

6 Schedules

7 Amendments

8 Articles

The importance of the ConstitutionThe Constitution lays down the basic structure of

government under which the people are to be governed. It establishes the main organs of

government - the executive, the legislature and the judiciary. The Constitution not only

defines the powers of each organ, but also demarcates their responsibilities. It regulates the

relationship between the different organs and between the government and the people.

The Constitution is superior to all other laws of the country. Every law enacted by the

government has to be in conformity with the Constitution. The Constitution lays down the

national goals of India - Democracy, Socialism, Secularism and National Integration. It alsospells out the rights and duties of citizens.

The Constitution applies to the State of Jammu and Kashmir with certain exceptions and

modifications as provided in article 370 (which is a temporary provision) and the

Constitution (Application to Jammu and Kashmir) Order, 1954.

History

The Cabinet MissionWorld War II in Europe came to an end on May 9, 1945. In July, a new

government came to power in the United Kingdom. The new British government announced

its Indian Policy and decided to convene a constitution drafting body. Three British cabinet

ministers were sent to find a solution to the question of India's independence. This team of

ministers was called the Cabinet Mission.


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The Cabinet Mission discussed the framework of the constitution and laid down in somedetail the procedure to be followed by the constitution drafting body. Elections for the 296

seats assigned to the British Indian provinces were completed by July-August 1946. With theindependence of India on August 15, 1947, the Constituent Assembly became a fully

sovereign body. The Assembly began work on 9 December 1947.

The Constituent AssemblyThe Constituent Assembly was the body that framed theconstitution of India. The people of India elected the members of the provincial assemblies,

who in turn elected the constituent assembly. Rajendra Prasad, Sardar Patel, Maulana Abul

Kalam Azad and Shyama Prasad Mukherjee were some important figures in the Assembly.

There were more than 30 members of the scheduled classes. Frank Anthony represented the

Anglo-Indian community, and the Parsis were represented by H.P. Modi. The Chairman of

the Minorities Committee was Harendra Coomar Mookerjee, a distinguished Christian who

represented all Christians other than Anglo-Indians. Constitutional experts like Alladi

Krishnaswamy Iyer, B.R. Ambedkar, B.N. Rau and K.M. Munshi were also members of the

Assembly. Sarojini Naidu and Vijaylakshmi Pandit were important women members.

Dr. Sachidanand Sinha was the first president of the Constituent Assembly. Later,

Dr.Rajendra Prasad was elected president of the Constituent Assembly while B.R. Ambedkarwas appointed the Chairman of the Drafting Committee.

The Constituent Assembly met for 166 days, spread over a period of 2 years, 11 months and

18 days. Its sessions were open to the press and the public.

Objectives ResolutionThe underlying principles of the Constitution were laid down by

Jawaharlal Nehru in his Objectives Resolution:

India is an Independent, Sovereign, Republic;

India shall be a Union of erstwhile British Indian territories, Indian States, and other parts

outside British India and Indian States as are willing to be a part of the Union;

Territories forming the Union shall be autonomous units and exercise all powers and

functions of the Government and administration, except those assigned to or vested in the

Union;

All powers and authority of sovereign and independent India and its constitution shall flow

from the people;

All people of India shall be guaranteed and secured social, economic and political justice;

equality of status and opportunities before law; and fundamental freedoms - of talk,expression, belief, faith, worship, vocation, association and action - subject to law and public

morality;The minorities, backward and tribal areas, depressed and other backward classes, shall be

provided adequate safeguards;

The territorial integrity of the Republic and its sovereign rights on land, sea and air shall bemaintained according to justice and law of civilized nations;The land would make full and willing contribution to the promotion of world peace and

welfare of mankind.

FeaturesThe Constitution of India draws extensively from Western legal traditions in its

enunciation of the principles of liberal democracy. It is distinguished from many Western

constitutions, however, in its elaboration of principles reflecting aspirations to end the

inequities of traditional social relations and enhance the social welfare of the population.

According to constitutional scholar Granville Austin, probably no other nation's constitution


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"has provided so much impetus toward changing and rebuilding society for the commongood." Since its enactment, the constitution has fostered a steady concentration of power in

the hands of the central government - especially the Office of the Prime Minister. Thiscentralization has occurred in the face of the increasing assertiveness of an array of ethnic

and caste groups across Indian society. Increasingly, the government has responded to the

resulting tensions by resorting to the formidable array of authoritarian powers provided by

the Constitution. However, a new assertiveness shown by the Supreme Court and the ElectionCommission suggests that the remaining checks and balances among the country's political

institutions are resilient and capable of supporting Indian democracy. Furthermore regional

parties are gaining popularity at the expense of national parties which has led to coalition

governments at the centre. As a consequence, power is becoming more decentralised.

The Constitution in its final form owes much to a number of different principles from various

other Constitutions. The general structure of the Constitution's democratic framework was

largely the work of B. N. Rau, a constitutional scholar of international standing. Supporters of

independent India's founding father, Mohandas K. Gandhi, backed measures that would form

a decentralized polity with strong local government known as panchayat in a systemknown as Panchayati Raj, i.e. rule by Panchayats. However, the view of more modernist

leaders such as Jawaharlal Nehru, ultimately prevailed leading to the establishment of aparliamentary system of government and a federal system with a strong central government.

Features of the Indian Constitution adapted from other Constitutions British Constitution

Parliamentary form of government

The idea of single citizenship

The idea of the Rule of law

Institution of Speaker and his role

Lawmaking procedure

Procedure established by Law u/a 13

United States Constitution

Charter of Fundamental Rights, which is similar to the United States Bill of Rights

Federal structure of government

Power of Judicial Review and independence of the judiciary

President as supreme commander of armed forces u/a 52Due process of law u/a 13

Irish Constitution

Constitutional enunciation of the directive principles of state policy

French Constitution

Ideals of Liberty, Equality and Fraternity

Canadian Constitution


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A quasi-federal form of government (a federal system with a strong central government)The idea of Residual Powers

Australian Constitution

Freedom of trade and commerce within the country and between the states

Power of the national legislature to make laws for implementing treaties, even on mattersoutside normal Federal jurisdiction

Japanese Constitution

Fundamental Duties u/a 51-A

Weimar Constitution

Emergency Provision u/a 356

Preamble

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into aSOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its

citizens:JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the

Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do

HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

The preamble is not a part of the Constitution of India as it is not enforceable in a court of

law. However, the Supreme Court has, in the case of Kesavananda Bharati vs. The State of

Kerala, recognized that the Preamble is a part of the Constitution and may be used to interpret

ambiguous areas of the Constitution where differing interpretations present themselves.

However, the Preamble is useful as an interpretive tool only if there is an ambiguity in the

article itself and should not be treated as a rights bestowing part of the Constitution.

An interesting side note concerns the words "SOCIALIST" and SECULAR in the preamble.

The original drafting used the words "SOVEREIGN DEMOCRATIC REPUBLIC". The twoadditional words "SOCIALIST" and SECULAR were introduced by the controversial 42nd

amendment. The amendment was pushed through by Indira Gandhi in 1976, when she had

dictatorial powers. A committee under the chairmanship of Sardar Swaran Singhrecommended that this amendment be enacted after being constituted to study the question ofamending the constitution in the light of past experience.

The importance of the Preamble The wording of the Preamble highlights some of the

fundamental values and guiding principles on which the Constitution of India is based. The

Preamble serves as a guiding light for the Constitution and judges interpret the Constitution

in its light. In a majority of decisions, the Supreme Court of India has held that the objectives

specified in the preamble constitute the basic structure of the Indian Constitution, which


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cannot be amended. Though the Preamble is a part of the constitution still it nor any of itscontent is legally enforcible.

The first words of the Preamble - "We, the people" - signifies that power is ultimately vested

in the hands of the people of India. The Preamble lays down the most important national

goals which every citizen and the government must try to achieve, such as socialism,

secularism and national integration. Lastly, it lays down the date for the adoption of theConstitution - 26 November 1949.

Explanation of some of the important words in the Preamble[edit] Sovereign The word

sovereign means supreme or independent. India is internally and externally sovereign -

externally free from the control of any foreign power and internally, it has a free government

which is directly elected by the people and makes laws that govern the people.

Socialist The word socialist was added to the Preamble by the 42nd amendment act of 1976.

It implies social and economic equality. Social equality in this context means the absence of

discrimination on the grounds of caste, colour, creed,sex,religion, language, etc. Under socialequality, everyone has equal status and opportunities. Economic equality in this context

means that the government will endeavour to make the distribution of wealth more equal andprovide a decent standard of living for all. This is in effect emphasizing a commitment

towards the formation of a welfare state.

India has adopted a mixed economy and the government has framed many laws to achievethe aim and the Child Labour Prohibition Act.

SecularThe word secular was inserted into the Preamble by the 42nd amendment act of 1976.

It implies equality of all religions and religious tolerance. India, therefore does not have an

official state religion. Every person has the right to preach, practice and propagate any

religion they choose. The government must not favour or discriminate against any religion. It

must treat all religions with equal respect. All citizens, irrespective of their religious beliefs

are equal in the eyes of law. No religious instruction is imparted in government or

government-aided schools. The Supreme Court in S.R Bommai v. Union of India held that

secularism was an integral part of the basic structure of the constitution.

Democratic India is a democracy. The people of India elect their governments at all levels

(Union, State and local) by a system of universal adult franchise; popularly known as 'One

man one vote'. Every citizen of India, who is 18 years of age and above and not otherwisedebarred by law, is entitled to vote. Every citizen enjoys this right without any discrimination

on the basis of caste, creed, colour, sex, religion or education.

Republic As opposed to a monarchy, in which the head of state is appointed on hereditary

basis for a lifetime or until he abdicates from the throne, a democratic republic is an entity inwhich the head of state is elected, directly or indirectly, for a fixed tenure. The President ofIndia is elected by an electoral college for a term of five years. The Post of the President Of

India is not hereditary. Every citizen of India is eligible to become the President of the

country.

SchedulesSchedules can be added to the constitution by amendment. The twelve schedules in

force cover the designations of the


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States and Union Territories;

Emoluments for High-Level Officials;

Forms of Oaths;

Allocation of the number of seats in the Rajya Sabha (Council of States - the upper house of

Parliament) per State or Union Territory;

Provisions for the administration and control of Scheduled Areas and Scheduled Tribes (areas

and tribes needing special protection due to disadvantageous conditions);

Provisions for the administration of tribal areas in Assam;

The Union (central government), State, and Concurrent (dual) lists of responsibilities;

The Official Languages;

Article 31B-Validity excluded from Courts Review (land and tenure reforms; the association

of Sikkim with India);

Anti-Defection provisions for Members of Parliament and Members of the State Legislatures;

Panchayat Raj (Rural Development);

Municipality (Urban Planning).

AmendmentsMethods of Amendment

By simple majority of the Parliament: Amendments in this category can be made by a simple

majority of members present and voting, before sending them for the President's assent.

By special majority of the Parliament: Amendments can be made in this category by a two -

third majority of the total number of members present and voting, which should not be less

than half of the total membership of the house.

By special majority of the Parliament and ratification of at least half of the state legislatures

by special majority. After this, it is sent to the President for his assent.On paper, an amendment to the Constitution is an extremely difficult affair, and normally

needs at least two-thirds of the Lok Sabha and Rajya Sabha to pass it. However, theConstitution of India is one of the most frequently amended constitutions in the world. Many

matters that would be dealt with by ordinary statutes in most democracies must be dealt with

by constitutional amendment in India due to the document's extraordinary detail. The firstamendment came only a year after the adoption of the Constitution and instituted numerousminor changes. Many more amendments followed, at a rate of almost two amendments per

year since 1950. Most of the Constitution can be amended after a quorum of more than half

of the members of each house in Parliament passes an amendment with a two-thirds majority

vote. Articles pertaining to the distribution of legislative authority between Union and State

governments must also be approved by fifty percent of State legislatures.

In 1974, the Supreme Court of India in the landmark case of Kesavananda Bharati vs. The


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State of Kerala enunciated the Basic Structure Doctrine, which expanded the scope of judicialreview to include the power to review Constitutional Amendments passed by the Legislature.

Using this doctrine, the Supreme Court has struck down the 39th Amendment and parts of the42nd Amendment as being violative of the Basic Structure of the Constitution. Some noted

authors of Constitutional law, such as HM Seervai have argued that this is an usurpation of

amending power by the judiciary, which was never intended by the framers of the

Constitution. However, it can be argued that this doctrine is necessary to protect human rightsfrom being abrogated simply by constitutional amendment.

There have been a total of 109 amendments to the constitution of India, till January 2010.

Articles Part I - consists of Articles 1 - 4 on the Union and its Territory

Part II - consists of Articles 5 - 11 on Citizenship.

Part III - consists of Articles 12 - 35 on Fundamental Rights.

Articles 14 - 18 on Right to Equality,

Articles 19 - 22 on Right to Freedom,

Articles 23 - 24 on Right against Exploitation,Articles 25 - 28 on Right to Freedom of Religion,

Articles 29 - 30 on Cultural and Educational Rights,Articles 31 on Right to Property (Repealed) and Saving of Laws,

Articles 32 - 35 on Right to Constitutional Remedies.Part IV - consists of Articles 36 - 51 on Directive Principles of State Policy.

Part IV (A) consists of Article 51A - Fundamental Duties of each citizen of India.Part V - consists of Articles on the Union.

Chapter I - Articles 52 to 78 on The Executive.

Articles 52 - 73 on the President and Vice-President,

Articles 74 - 75 on Council of Ministers,

Articles 76 - Attorney General of India,

Articles 77 - 78 on the Conduct of Government Business

Chapter II - Articles 79 - 122 on Parliament.

Articles 79 - 88 on Constitution of Parliament,

Articles 89 - 98 on Officers of Parliament,

Articles 99 - 100 on Conduct of Business,

Articles 101 - 104 on Disqualification of members,

Articles 105 - 106 on Powers, privileges and Immunities of Parliament and its Members,

Articles 107 - 111 on Legislative Procedure,

Articles 112 - 117 on Procedure in Financial Matters,Articles 118 - 122 on Procedure Generally.

Chapter III - Article 123 on the Legislative Powers of the President.Article 123 on Power of president to promulgate Ordinances during recess of Parliament

Chapter IV - Articles 124 - 147 on The Union Judiciary.

Articles 124 - 147 Establishment and Constitution of the Supreme CourtChapter V - Articles 148 - 151 on the Controller and Auditor-General of India.Articles 148 - 151 on Duties and powers of Comptroller and Auditor-General.

Part VI - Articles on the States.

Chapter I - Article 152 on the General definition of a State of the Union of India

Article 152 - Exclusion of the state of Jammu and Kashmir from the general definition of a

state of the Union of India.

Chapter II - Articles 153 - 167 on The Executive

Articles 153 - 162 on The Governor,


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Articles 163 - 164 on The Council of Ministers,Article 165 on the Advocate-General for the State.

Articles 166 - 167 on the Conduct of Government Business.Chapter III - Articles 168 - 212 on The State Legislature.

Articles 168 - 177 General

Articles 178 - 187 on the Officers of the State Legislature,

Articles 188 - 189 on Conduct of Business,Articles 190 - 193 on Disqualification of members,

Articles 194 - 195 on Powers, Privileges and Immunities Parliament and its Members,

Articles 196 - 201 on Legislative Procedure,

Articles 202 - 207 on Procedure in Financial Matters,

Articles 208 - 212 on Procedure Generally.

Chapter IV - Article 213 on the Legislative Powers of the Governor

Article 213 - Power of governor to promulgate Ordinances during recess of Assembly of

state.

Chapter V - Articles 214 - 231 on The High Courts in the States.

Articles 214 - 231 on High Courts in the States,Chapter VI - Articles 233 - 237 on the Subordinate Courts

Articles 232 - 237 on Subordinate CourtsPart VII - consists of Articles on States in the B part of the First schedule.

Article 238 Repealed, Replaced by the Constitution (Seventh Amendment) Act, 1956, s. 29and Sch.

Part VIII - consists of Articles on The Union TerritoriesArticles 239 - 242 Administration, creation of Council of Ministers and High Courts

Part IX - consists of Articles on the Panchayat system.

Articles 243 - 243O on the Gram Sabha and Panchayat system

Part IXA - consists of Articles on Municipalities.

Articles 243P - 243ZG on Municipalities

Part X - consists of Articles on the scheduled and Tribal Areas

Articles 244 - 244A on Administration, creation of Council of Ministers, and legislatures.

Part XI - consists of Articles on Relations between the Union and the States.

Chapter I - Articles 245 - 255 on the Distribution of Legislative Powers

Articles 245 - 255 on Distribution of Legislative Relations

Chapter II - Articles 256 - 263 on Administrative Relations

Articles 256 - 261 - General

Article 262 - on Disputes relating to waters.

Article 263 - on Co-ordination between StatesPart XII - consists of Articles on Finance, Property, Contracts and Suits

Chapter I - Articles 264 - 291 on FinanceArticles 264 - 267 General

Articles 268 - 281 on Distribution Revenues between the Union and the States

Articles 282 - 291 on Miscellaneous Financial ProvisionsChapter II - Articles 292 - 293 on BorrowingArticles 292 - 293 on Borrowing by States

Chapter III - Articles 294 - 300 on Property, Contracts, Right, Liabilities, Obligations and

Suits

Articles 294 - 300 on Succession to property assets, liabilities, and obligations.

Chapter IV - Article 300A on the Right to Property

Article 300A - on Persons not to be deprived of property save by authority of law

Part XIII - consists of Articles on Trade and Commerce within the territory of India


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Articles 301 - 305 on Freedom of Trade and Commerce, and the power of Parliament andStates to impose restrictions on the same

Article 306 - Repealed - Replaced by the Constitution (Seventh Amendment) Act, 1956, s. 29and Sch.

Article 307 - Appointment of authority for carrying out the purposes of articles 301 to 304.

Part XIV - consists of Articles on Services Under the Union and the States

Chapter I - Articles 308 - 314 on ServicesArticles 308 - 313 on Services

Article 314 - Repealed - Replaced by the Constitution (Twenty-eighth Amendment) Act,

1972, s. 3 (w.e.f. 29-8-1972).

Chapter II - Articles 315 - 323 on the Public Service Commissions

Articles 315 - 323 on Public Service Commissions

Part XIVA - consists of Articles on Tribunals

Articles 323 A - 323 B

Part XV - consists of Articles on Elections

Articles 324 - 329 on Elections

Article 329A - Repealed - Replaced by the Constitution (Forty-fourth Amendment) Act,1978, s. 36 (w.e.f. 20-6-1979).

Part XVI - consists of Articles on Special Provisions Relating to certain Classes.Articles 330 - 342 on Reservations

Part XVII - consists of Articles on Official LanguageChapter I - Articles 343 - 344 on Language of the Union

Articles 343 - 344 Official Language of the UnionChapter II - Articles 345 - 347 on Regional Languages

Articles 345 - 347 on Language of the State

Chapter III - Articles 348 - 349 on Language of the Supreme Court, High courts, Etc

Articles 348 - 349 on Language used in Supreme Court, High courts Etc

Chapter IV - Articles 350 - 351 on Special Directives

Article 350 - on Language to be used in representations for redress of grievances.

Article 350A - on Facilities for instruction in mother-tongue at primary stage.

Article 350B - on provision for Special Officer for linguistic minorities.

Article 351 - on Directive for development of the Hindi language.

Part XVIII - consists of Articles on Emergency Provisions

Articles 352 - 359 on Emergency Provisions

Article 359A - Repealed - Replaced by the Constitution (Sixty-third Amendment) Act, 1989,

s. 3

(w.e.f. 6-1-1990).

Article 360 - on Provisions as to financial emergency.Part XIX - Miscellaneous

Articles 361 - 361A - Miscellaneous

Article 362 - Repealed - Replaced by the Constitution (Twenty-sixth Amendment) Act, 1971,s. 2.Articles 363 - 367 - Miscellaneous

Part XX - consists of Articles on Amendment of the Constitution

Articles 368 on the Power of parliament to amend the constitution and procedure therefor

Part XXI - consists of Articles on Temporary, Transitional and Special Provisions

Articles 369 - 378A on Temporary, Transitional and Special Provisions

Article 379 - 391 - Repealed - Replaced by the Constitution (Seventh Amendment) Act,

1956,


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s. 29 and Sch.

Article 392 - on the Power of the President to remove difficulties.Part XXII consists of Articles on short title, date of commencement, Authoritative text in

Hindi and Repeals.

Articles 393 - 395 Commencement, authoritative text in Hindi and repeals

Latest Constitutional Amendment Bills

Almost all books available in the market, we find the information up to The Constitution (Ninety-

fourth Amendment) Act; 2006.This act has came into force on 12-06-2006. However we don't find

any crisp info regarding the current situation of further amendment acts/ bills. So we have tried to

solve this problem.

95th Amendment Bill:

The Constitution 95th amendment bill was passed and came into effect as Constitution (88th

Amendment Act 2003 to place "Service Tax " formally under Union List.

In the Seventh Schedule to the Constitution, under Article 246, the item relating to "taxes on

services" was not specifically mentioned in any entry either in the Union List or in the State List. At

the same time Entry 97 of the Union List empowers the Union Government to Make laws in respect

of any other law which is not enumerated in list II (State List ) and List III (Concurrent list), including

any tax which has not been mentioned in Union List or the State List. Since "Taxes on Services" is not

there in either of the lists, the central government kept levying the service tax exercising the powers

under Entry 97 of the union List. ''

To place the Service Tax formally, The Constitution 95th Amendment Bill was passed in Lok Sabha on

May 7, 2003. (link) . After coming into effect as Constitution (88th Amendment Act 2003, this

amendment act has inserted article 268A and amended article 270. It inserted in the Union List Item

92 C 'taxes on services"


Constitution (96th amendment )Bill was passed by Lok Sabha on May 6, 2003 & Rajya Sabha on

August 5, 2003. This act updates delimitation against the very latest count of the population.

Background: The 42nd amendment of the Constitution had imposed a freeze on the delimitation of

the constituencies. 42nd amendment also provided that until the relevant figures for the first census

taken after the year 2000 have been published, it shall not be necessary to readjust the allocation of

seats in the House of the People to the States and the division of each State into territorial

constituencies under this article.".

In this context, Constitution 84th amendment act 2001 (It came into force on 21-02-2002 ) lifted the


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freeze on delimitation of the constituencies imposed by the 42nd amendment act and allowed

delimitation within the states on the basis of 1991 census. However, readjustment of seats on Lok

Sabha & Rajya Sabha was frozen up to 2026.

Pursuant to Constitution 84th amendment act 2001, the delimitation act 2002 was also passed. This

paved the way for constitution of Delimitation Commission on July 12, 2002. Justice Kuldip Singh, aretired Judge of Supreme court was appointed its chairman and one member of election commission

and state election commissioners as its ex-officio members.

In June 2003, Parliament Passed the Constitution (87th amendment act) 2003. This amendment

provided that the delimitation of the assembly and parliamentary seats should be done on the basis

of 2001 census figures. This decision made the Delimitation Commission to start work afresh.

Meanwhile in March 2004, the Lok Sabha got dissolved and fresh elections were held for 14th Lok

Sabha. During the same period Guwahati High Court stated the delimitation exercise in respect with

Arunachal Pradesh, Assam, Nagaland and Manipur. The court took this decision on the basis of

dispute in census figures.

Thus we can understand that the main task of the Delimitation Commission set up, under the

Delimitation Bill 2002, pursuant to the 84th Amendment, is to re-adjust the territorial constituencies

in the House of the People with regard to the seats allocated to each state and the re-adjustment of

the territorial constituencies of the Legislative Assembly of each state.

In other words, the rationalization of the constituencies, including re-fixing of the number of seats

reserved for the Scheduled Castes and Scheduled Tribes, was earlier to be done on the basis of the

1991 Census and after 84th amendment on the basis of 2001 Census. But within the overall number

of seats allocated to each state for Parliament and within the state for its Assembly as frozen at the

1971 levels. The 96th Constitutional Amendment is a progressive step that updates delimitation

against the very latest count of the population.


The Constitution (97th Amendment) is also known as an amendment to Anti-Defection Law.

Background: Defection which literally means (withdrawing support or help despite allegianceor

responsibility) leads to political instability. The Constitution (52nd Amendment) Act 1985 was passed

to curb the menace of defection and clip the wings of Aya Ram, Gaya Ram (political word for

describing the practice of floor-crossing by members).

This amendment added the Tenth Schedule to the constitution which contained the provisions

regarding the disqualification of members of the parliament or state legislatures in the event of

defection. In other words Tenth Schedule, also known as the Anti-Defection Act was included in the

Constitution in 1985 by the Rajiv Gandhi ministry and sets the provisions for disqualification of

elected members on the grounds of defection to another political party.


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Further Constitution (Ninety First Amendment) act of 2003 brought certain changes in the 1985 Anti-

defection Law. This amendment deleted paragraph 3 of the Tenth Schedule. Deleting this paragraph

allowed one-third of the legislature party to split without attracting provisions of the existing ant

defection law. The Constitution (Ninety First Amendment) debarred the defectors from holding any

public office as a minister or any other remunerative post till the end of the current term or till fresh

elections are hold.

At the same time, the Constitution (Ninety First Amendment) 2003 also sought to check defection by

restricting the size of Council of Ministers 15% of the Lok Sabha & Assembly members.

Due the these developments, it is not possible for handful members to split and create new parties.

If any member splits, he disqualifies the membership and seek fresh election.

Further, there was one more amendment to Anti Defection Law in the form of Constitution (97th

Amendment) Act. The 97th amendment bill sought to reduce the size of the ministerial council to

10% of the members. In other words, after this amendment, the size of the Council of Ministers

cannot be more than 10 per cent of respective strengths of Parliament and State legislatures.

This amendment was carried out during NDA Government's regime and based upon

recommendations made by Dinesh Goswami Committee, Law Commission of India and the National

Commission to Review the Working of the Constitution (NCRWC).


The Constitution 98th amendment Bill sought to constitute a National Judicial Commission. The bill

propsed to include a Chapter IV-A in Part V of the Constitution which shall be in charge of appointing

judges to the higher judiciary and for transferring High Court Judges. The bill also sought to

empower the National Judicial Commission to draw up a code of ethics for judges, inquire into the

cases of misconduct or deviant actions of a judge other than those that are punishable with his or

her removal, and advise the chief justice of India or chief justice of High Courts appropriately after

such enquiry.


The constitution (99th amendment) Bill sought to protect the rights of the non-tribals in the newly

elected Bodo Territorial Council (BTC) by keeping intact the existing representation of the scheduled

tribes and nonscheduled tribes in the Assam legislative assembly from the Bodoland territorialCouncil Areas district. This amendment bill came in effect as constitution 90th Amendment act 2003.


The Constitution (100th) amendment Bill sought to insert Bodo, Dogri, Maithili and Santhali in the

8th schedule of the constitution. This act was passed and came into force as Constitution (92nd

Amendment) Act 2003. This act took the number of official languages in India to 22.


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103rd Amendment Bill:

The Constitution (One Hundred and Third Amendment) Bill, 2004 along with National Commission

for Minorities (Repeal) Bill, 2004 was introduced in Lok Sabha on 23.12.2004. Bills were referred to

the Department-related Parliamentary Standing Committee on Social Justice and Empowerment.Chairperson of this committee was Smt Sumitra Mahajan and the committee submitted its report on

February 21, 2006.

Background:

In 6 states& UTs viz. Jammu & Kashmir, Lakshadweep, Mizoram, Meghalaya, Nagaland and Punjab,

the Hindus are a minority in contrast with the rest of the country.

The minority standard of Muslims, Sikhs, Buddhists and Parsees who are designated as minority in

India should not be applicable to these states. For example, in Punjab Sikhs are in majority, in J& K

Muslims are in majority.

"On August 8, 2005, a Supreme Court judgment decreed that Jains should not be treated as a

minority at the national level and no more communities should be declared as a minority at the

national level. Only the state government may declare communities as minorities. ."

Constitution (One Hundred and Third Amendment) Bill, 2004 along with National Commission for

Minorities (Repeal) Bill, 2004 was to bring an end to these anomalies. Bill proposed states as the

basic unit to judge which community is a minority in which state.

Some features:

The National Commission for Minorities (Repeal) Bill, 2004 repeals the National Commission for

Minorities Act, 1992. It proposed to dissolve the National Commission for Minorities.

The Constitution (One Hundred and Third Amendment) Bill, 2004 proposed to establish a new

National Commission for Minorities, with a constitutional status, in order to inspire greater

confidence towards the effectiveness of the Commission.

The states would be asked for their view on the basis of data available as to who is a minority. They

will be consulted by the President of India, would then notify the minorities in that state. While the

President is to consult the states, he would not be bound to act on their advice.

Current Status: The Bill got lapsed.

Note: On May 3, 2007, the Union Cabinet approved for moving the official amendments to the

Constitution (One Hundred and Third Amendment) Bill & National Commission for Minorities

(Repeal) Bill, 2004.


Constitution (One Hundred and Fourth Amendment) Bill was pased 22nd December, 2005. President

A. P. J. Abdul Kalam signed it on January 20, 2006 and the 104th Constitution Amendment Bill

became the the Constitution 93rd amendment Act, 2005.


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This bill has been quite famous as "Quota Bill". It adds a new clause to Article 15 of the Constitution.

This act amends the article 15 and adds clause 15(5) after Clause 15(4).

Clause(5) says:

"Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from

making any special provision,by law, for the advancement of any socially and educationally

backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as suchspecial provisions relate to their admission to educational institutions including private educational

institutions, whether aided or unaided by the State, other than the minority educational institutions

referred to in clause (1) of article 30.".

Short Background:

In August 12, 2005 Supreme Court had delivered a judgement by 7 judges uninamously in case of

P.A. Inamdar & Ors. vs. State of Maharashtra & Ors..

Supreme court declared that State can't impose its reservation policy on minority and non-minority

unaided private colleges, including professional colleges.

The 93rd Constitutional amendment was brought (in a hurry) for ensuring reservations to other

backward classes and Scheduled castes and Tribes in Private Educational institutions.

The move was to reverse the Supreme Court Judgement.

In April 2008, the Supreme Court of India upheld the Government's move for initiating 27% OBC

quotas in Government funded institutions.

The Court has reiterated its prior stand that "Creamy Layer" should be excluded from the ambit of

reservation policy. The Supreme Court avoided answering the question whether reservations can be

made in private institutions, stating that the question will be decided only as and when a law is

made making reservations in private institutions.

In conclusion, this amendment enables the constitution to provide for reservations for OBCs in all

"educational institutions" including private, whether aided or unaided, excepting minority

educational institutions. It brought all private institutions, whether aided or unaided, under the

purview of the Government's policies on reservation and fee structure, it has also quietly achieved

much more than that by widening the scope of the Amendment Act to specifically include the term

"admission to educational institutions". Article 15 of the constitution, as it was originally framed in

1950, stated the following and did not include the term "admission to educational institutions".


The Constitution (One Hundred Fifth) Amendment Bill, 2006 sought to exclude Bihar from purview of

article 164 (1) and to extend the provision of this article to Chhattisgarh and Jharkhand. This bill was

passed and got assent of the President on June 12, 2006. The bill came in effect as Constitution (94thAmendment) Act 2006.

Note: Article 164 (1) provides for a minister in charge of the tribal welfare, who may in addition be in

charge of the welfare of the scheduled castes and backward classes of Bihar, Madhya Pradesh &

Orissa.



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Constitution (One Hundred and Sixth Amendment) Bill, 2006 was introduced in the Lok Sabha on

May 22, 2006. It was referred to the Department Related Standing Committee on Agriculture which

submitted its report on August 20, 2007. Chairperson of this committee was Prof. Ram Gopal Yadav.

Background:

The Constitution (106th Amendment) Bill proposed to to insert a new part IX B in the Constitutionand adding Articles 243ZH through 243ZT providing for incorporation, regulation and winding up of

co-operative societies.

The bill specified maximum number of Board members and the tenure of the members.

The bill also specified for elections to be held before the expiry of the term of the Board.

The bill specified that the Board of a co-operative society that has government shareholding or loans

can be superseded for the maximum period of six months.

State governments can co-opt upto two nominees on the Board of a co-operative society.

The Bill specified certain offences related to co-operative societies. State legislatures can define the

penalties related to co-operative societies.

Note: Government of India had constituted a high powered committee in 2005 in the chairmanship

of Shri Shivajirao G. Patil to review the achievements of the cooperatives during the last one

hundred years, identify the challenges faced by the sector and suggest measures to address them to

enable the movement to keep pace with the changing socio-economic environment. The committee

was also asked to recommend appropriate lagislation for the Co-operatives.

The committee reviewed the Constitution Amendment Bill (106th Amendment Bill 2006) and

recommended some more changes including that introducing new part IXB after part IXA along with

the Panchayati Raj Institutions (PRI) and Municipalities would imply that cooperatives are a part of

governance. The committee recommended at any other place in the constitution. Committee also

suggested that no supersession of the Board of Directors should be allowed in any case where

government share holding is less than 51%..

In August 2008 Union Cabinet gave approval for moving certain official amendments in the

Constitution (One Hundred and Sixth Amendment) Bill, 2006. This decision included benefits like

empowerment of cooperatives by inserting article 43B in Part-IV of the Constitution providing for

Voluntary formation, autonomous functioning, democratic control and professional management.

Audit by independent auditors or Auditing firms out of the panel approved by State Government or

an authority authorized by the Government in this behalf.

Free and fair elections to be conducted by an independent body.

Directors in the Cooperative Societies will also include two women and one Scheduled Caste

representatives.


The Constitution (One Hundred and Seventh Amendment) Bill, 2007 had been introduced in Lok

Sabha on November 30, 2007. The Sixth Schedule to the Constitution (Amendment) Bill, 2007 was

also introduced with the same bill.


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Current Position: This bill got lapsed.

Background: These bills sought to amend the Constitution to include Gorkha Hill Council, Darjeeling

in the Sixth Schedule

What is Sixth Schedule? Sixth Schedule Articles 244 and 275 provides for the creation ofautonomous District Councils in certain tribal areas of the North-Eastern states viz.

Assam,meghalaya,tripura,mizoram. The Bill sought to form a District Council for the hill areas of

Darjeeling in West Bengal called the Gorkha Hill Council, Darjeeling (GHC). All District Councils have

the power to make laws on a range of subjects such as the allotment of land, use of water course,

and inheritance of property. The GHC has the power to make laws on 45 additional subjects such as

agriculture, education and transport.

The Bills were referred to the Standing Committee on Home Affairs which submitted its report on

Feb 28, 2008. Chairperson of this committee was Sushma Swaraj. Standing Committee was unable to

verify facts on the ground. Therefore, it accepted the views of the central and state governments

and recommended that the Bills be passed with some amendments.


Constitution (108th Amendment) Bill or Womens Reservation Bill has been the most highlighted

amendment bills of recent times. This bill was introduced in Rajya Sabha on May 6, 2008 and passed

in Rajya Sabha on March 9, 2010.

Background:

Constitution (108th Amendment) Bill 2008 seeks to reserve one-third of all seats for women in Lok

Sabha and the state legislative assemblies. The allocation of the reserve seats to be determined by

an authority or as prescribed by the parliament. Seats may be allotted by rotation.

The bill also seeks to reserve one-third of SC & ST seats for women of those classes.

The bill further says that the reservation shall cease to exist in 15 years from the commencement of

the act.


Constitution (109th Amendment Act) 2009 was passed by Rajya Sabha on the 3rd August, 2009 &

Lok Sabha on the 4th August, 2009 and ratified by the legislatures of not less than one-half of the

states, and assented to on 18 Jan., 2010.

Background: Through this amendment article 334 of the Constitution, for the words "sixty years",the words "seventy years" shall be substituted.

This article has sought to extend the reservation of seats for SCs and STs in the Lok Sabha and state

assemblies by another 10 years. The time period of 60 years under article 334 of the constitution

was to lapse on January 25, 2010 and this bill extends the reservation beyond January 25, 2010.

Current status : Passed and this is the Latest Passed Amendment Act



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The Constitution (One Hundred and Tenth Amendment) Bill, 2009 was introduced in the Lok Sabha

on November 26, 2009 by the Minister of Panchayati Raj, Shri C.P. Joshi.

Background:

Article 243D of the Constitution provides that a minimum of one-third of the total number of seatsfilled by direct elections in the Panchayats shall be reserved for women. The seats may be allotted by

rotation to different constituencies in a Panchayat.

Offices of Chairpersons in Panchayats shall be reserved for SC/STs and women in a manner to be

prescribed the state legislatures. The reservation shall be in proportion to the population of SC/STs

in the state. Also, a minimum of one-third seats shall be reserved for women among the total

number of offices of Chairpersons in the Panchayats.

The Bill seeks to amend the article 243D to enhance the quantum of reservation for women from

one-third to one-half of the total seats in the Panchayats. Similar reservation shall be provided

among the total number of offices of Chairpersons.

Current Status:

The bill is pending . The Bill was referred to the Department related Standing Committee on Rural

Development (Chairperson: Smt Sumitra Mahajan), which has to submit its report.


The Constitution (One Hundred and Eleventh Amendment) Bill, 2009 was introduced in the Lok

Sabha on November 30, 2009 by Sh. Sharad Pawar , Minister of Agriculture, Consumer Affairs and

Public Distribution System.

Background:

The Bill adds a new Directive Principles of State Policy stating that the State shall endeavour to

promote voluntary formation, autonomous functioning, democratic control and professional

management of co-operative societies.

It further inserts a new part IX B in the Constitution (adding Articles 243ZH through 243ZT), which

outlines certain guidelines for running co-operative societies.


The Constitution (112 th Amendment) Bill was introduced in the Lok Sabha on November 24, 2009

and this bill seeks to seeks to amend many clauses of Article 243T of the Constitution, providing forreservation of seats for Scheduled Castes and Scheduled Tribes and also for the women in Urban

local Bodies.

Current Status (Till: March 2010) :This Bill has been approved and now has been referred to the

Departmentally-related Parliamentary Standing committee on Urban Development for examination

and report in March 2010.

Parliamentary Standing committee on Urban Development now invites suggestions the same bill.


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The committee is headed by Mr. Sharad Yadav. The memoranda containing views of the

individuals/organizations interested in the subject matter of the Bill, and also to hear oral evidence

on the subject are invited.

Background: The Constitution (112th Amendment) Bill 2009 to provide for 50% reservationof

women in Urban Local Bodies. Through this Bill the Government of India seeks to increase therepresentation of women in Urban Local Bodies (ULBs) from the present level of one-third to 50

percent which would also include enhancement of reservation for women upto 50 percent in seats

reserved for Scheduled Castes, Scheduled Tribes, and 50 percent reservations for women in the

posts of Chairpersons. This would result in

increased representation of women in ULBs and is likely to yield significant benefits in terms of

higher priority to womens issues in critical areas of urban Governance and service delivery such as

water supply, sanitation, solid waste management, education and health, etc.

Article 243T:

Article 243T of the Constitution provides that a minimum of one-third of the total number of seats

filled by direct elections in every Municipality shall be reserved for women.

The seats may be allotted by rotation to different constituencies in a Municipality.

Also, a minimum of one-third seats shall be reserved for SC/ST women within the seats reserved for

SC/STs in a Municipality.

Offices of Chairpersons in Municipality shall be reserved for SC/STs and women in a manner to be

prescribed the state legislatures.

The reservation of SC/STs shall be in proportion to the population of SC/STs in the state.


The latest amendment bill is Constitution (One Hundred and Thirteenth Amendment) Bill, 2010

which was introduced on March 15, 2010. The Current Status of this bill is : pending

Background: The Government of Orissa had forwarded to the Central Government in December

2008, the Resolution passed by the Legislative Assembly of Orissa on 28th August, 2008 that, inter

alia, the name of the language specified as "Oriya", in the Eighth Schedule of Constitution be

accordingly and authorised the Government of Orissa to place the matter before Government of

India for change of name of the State and change of language of the State and change of their Hindi

translations. The Constitution (One Hundred and Thirteenth Amendment) Bill, 2010 seeks to change

of name of the language mentioned in the Eighth Schedule of the Constitution of India, from 'Oriya'

to 'Odia'.

Please note that the bill that seeks to change the name of Orissa to Odisha is Orissa (Alteration of


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Introduction to Indian Constitution

The Constitution of India is the world's lengthiest written constitution with 395 articles and 8

schedules. It contains the good points taken from the constitution's of many countries in the world.

It was passed on 26 Nov 1949 by the 'The Constituent Assembly' and is fully applicable since 26 Jan

1950. The Constituent Assembly had been elected for undivided India and held its first sitting on 9thDec.1946, re-assembled on the 14th August 1947, as The Sovereign Constituent Assembly for the

dominion of India. In regard to its composition the members were elected by indirect election by the

members of The Provisional Legislative Assemblies (lower house only). At the time of signing 284 out

of 299 members of the Assembly were present.

The constitution of India draws extensively from Western legal traditions in its outline of the

principles of liberal democracy. It follows a British parliamentary pattern with a lower and upper

house. It embodies some Fundamental Rights which are similar to the Bill of Rights declared by the

United States constitution. It also borrows the concept of a Supreme Court from the US.

India is a federal system in which residual powers of legislation remain with the central government,

similar to that in Canada. The constitution provides detailed lists dividing up powers between central

and state governments as in Australia, and it elaborates a set of Directive Principles of State Policy as

does the Irish constitution.

The constitution has provision for Schedules to be added to the constitution by amendment. The ten

schedules in force cover the designations of the states and union territories; the emoluments for

high-level officials; forms of oaths; allocation of the number of seats in the Rajya Sabha. A review of

the constitution needs at least two-thirds of the Lok Sabha and Rajya Sabha to pass it.

The Indian constitution is one of the most frequently amended constitutions in the world. Infact the

first amendment to it was passed after only a year of the adoption of the constitution and instituted

numerous minor changes. Many more amendments followed, a rate of almost two amendments per

year since 1950. Most of the constitution can be amended after a quorum of more than half of the

members of each house in Parliament passes an amendment with a two-thirds majority vote.

Articles pertaining to the distribution of legislative authority between the central and state

governments must also be approved by 50 percent of the state legislatures.

Preamble of The Constitution

We, The people of India, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST

SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do hereby Adopt, Enact

and give ourselves this Constitution.


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The Union and Its Territory

Article 1: Name and territory of the Union

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

The States and the territories thereof shall be as specified in the First Schedule.

The territory of India shall comprise:The territories of the States

The Union territories specified in the First Schedule; and such other territories as may be acquired.

Article 2: Admission or establishment of new States

Parliament may by law admit into the Union, or establish, new States on such terms and conditions

as it thinks fit.

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

Parliament may by law:

Form a new State by separation of territory from any State or by uniting two or more States or parts

of States or by uniting any territory to a part of any State

Increase the area of any State

Diminish the area of any State

Alter the boundaries of any State

Alter the name of any State [Provided that no Bill for the purpose shall be introduced in either House

of Parliament except on the recommendation of the President and unless, where the proposal

contained in the Bill affects the area, boundaries or name of any of the States, the Bill has been

referred by the President to the Legislature of that State for expressing its views thereon within such

period as may be specified in the reference or within such further period as the President may allow

and the period so specified or allowed has expired.]

Article 4: Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth

Schedules and supplemental, incidental and consequential matters

Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the

First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the

law and may also contain such supplemental, incidental and consequential provisions (including

provisions as to representation in Parliament and in the Legislature or Legislatures of the State or

States affected by such law) as Parliament may deem necessary.

No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes

of article 368.

Citizenship

Article 5: Citizenship at the commencement of the Constitution

At the commencement of this Constitution, every person who has his domicile in the territory of

India and


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Who was born in the territory of India; or

Either of whose parents was born in the territory of India; or

Who has been ordinarily resident in the territory of India for not less than five years immediately

preceding such commencement, shall be a citizen of India.

Article 6: Rights of citizenship of certain persons who have migrated to India from Pakistan

Notwithstanding anything in article 5, a person who has migrated to the territory of India from the

territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of

this Constitution if:

He or either of his parents or any of his grand-parents was born in India as defined in the

Government of India Act, 1935 (as originally enacted); and

In the case where such person has so migrated before the nineteenth day of July, 1948, he has been

ordinarily resident in the territory of India since the date of his migration, or

In the case where such person has so migrated on or after the nineteenth day of July, 1948, he has

been registered as a citizen of India by an officer appointed in that behalf by the Government of the

Dominion of India on an application made by him therefor to such officer before the

commencement of this Constitution in the form and manner prescribed by that Government:

Provided that no person shall be so registered unless he has been resident in the territory of India

for at least six months immediately preceding the date of his application.

Article 8: Rights of citizenship of certain migrants to Pakistan:

Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947,

migrated from the territory of India to the territory now included in Pakistan shall not be deemed to

be a citizen of India:

Provided that nothing in this article shall apply to a person who, after having so migrated to the

territory now included in Pakistan, has returned to the territory of India under a permit for

resettlement or permanent return issued by or under the authority of any law and every such person

shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India

after the nineteenth day of July, 1948.

Article 8: Rights of citizenship of certain persons of Indian origin residing outside India

Notwithstanding anything in article 5, any person who or either of whose parents or any of whose

grand-parents was born in India as defined in the Government of India Act, 1935 (as originally

enacted), and who is ordinarily residing in any country outside India as so defined shall be deemedto be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular

representative of India in the country where he is for the time being residing on an application made

by him therefor to such diplomatic or consular representative, whether before or after the

commencement of this Constitution, in the form and manner prescribed by the Government of the

Dominion of India or the Government of India.

Article 9: Persons voluntarily acquiring citizenship of a foreign State not to be citizens


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No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by

virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.

Article 10: Continuance of the rights of citizenship

Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of

this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be

such citizen.

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

Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make

any provision with respect to the acquisition and termination of citizenship and all other matters

relating to citizenship.

Parliament ofIndia

Parliament

Parliament is the supreme legislative body of India. The Indian Parliament comprises of the President

and the two Houses-Lok Sabha (House of the People) and Rajya Sabha (Council of States). The

President has the power to summon and prorogue either House of Parliament or to dissolve Lok

Sabha.

The Constitution of India came into force on January 26, 1950. The first general elections under the

new Constitution were held during the year 1951-52 and the first elected Parliament came into

being in April, 1952, the Second Lok Sabha in April, 1957, the Third Lok Sabha in April, 1962, the

Fourth Lok Sabha in March, 1967, the Fifth Lok Sabha in March, 1971, the Sixth Lok Sabha in March,

1977, the Seventh Lok Sabha in January, 1980, the Eighth Lok Sabha in December, 1984, the Ninth

Lok Sabha in December, 1989, the Tenth Lok Sabha in June, 1991, the Eleventh Lok Sabha in May,

1996, the Twelfth Lok Sabha in March, 1998, Thirteenth Lok Sabha in October, 1999, Fourteenth Lok

Sabha in May, 2004 and Fifteenth Lok Sabha in April, 2009.

Rajya Sabha

The origin of Rajya Sabha can be traced back to 1919, when in pursuance to the Government of India

Act, 1919, a second chamber known as the Council of States was created. This Council of States,comprising of mostly nominated members was a deformed version of second chamber without

reflecting true federal features. The Council continued to function till India became independent.

The Rajya Sabha, its Hindi nomenclature was adopted in 23 August, 1954.

The Rajya Sabha is to consist of not more than 250 members - 238 members representing the States

and Union Territories, and 12 members nominated by the President.


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Rajya Sabha is a permanent body and is not subject to dissolution. However, one third of the

members retire every second year, and are replaced by newly elected members. Each member is

elected for a term of six years.

The Vice President of India is the ex-officio Chairman of Rajya Sabha. The House also elects a Deputy

Chairman from among its members. Besides, there is also a panel of "Vice Chairmen" in the RajyaSabha. The senior most Minister, who is a member of Rajya Sabha, is appointed by the Prime

Minister as Leader of the House.

Lok Sabha

Parliamentary institutions in India, with all their modern ramifications, owe their origin to India's

British connections. Until 1853, there was no legislative body distinct from the Executive. The

Charter Act of 1853, for the first time provided some sort of a legislature in the form of a 12 member

Legislative Council. The Indian Independence Act, 1947 declared the Constituent Assembly of India

to be a full sovereign body. Apart from being a Constitution drafting body, it also assumed full

powers for the governance of the country. With the coming into force of the Constitution on 26

January, 1950, the Constituent Assembly functioned as the Provisional Parliament until the first Lok

Sabha, then known as the House of People, and was constituted following General Elections in 1952.

Lok Sabha, the Hindi nomenclature was adopted on 14 May, 1954.

The Lok Sabha is composed of representatives of people chosen by direct election on the basis of

Universal Adult Suffrage. The Constitution provides that the maximum strength of the House be 552

members - 530 members to represent the States, 20 members to represent the Union Territories,

and 2 members to be nominated by the President from the Anglo-Indian Community. At present, the

strength of the House is 545 members.

The term of the Lok Sabha, unless dissolved, is five years from the date appointed for its first

meeting. However, while a proclamation of emergency is in operation, this period may be extended

by Parliament by law for a period not exceeding one year at a time and not extending in any case,

beyond a period of six months after the proclamation has ceased to operate.

Difference between Lok Sabha and Rajya Sabha

Members of Lok Sabha are directly elected by the eligible voters. Members of Rajya Sabha are

elected by the elected members of State Legislative Assemblies in accordance with the system of

proportional representation by means of single transferable vote.

The normal life of every Lok Sabha is 5 years only while Rajya Sabha is a permanent body.

Lok Sabha is the House to which the Council of Ministers is responsible under the Constitution.

Money Bills can only be introduced in Lok Sabha. Also it is Lok Sabha, which grants the money forrunning the administration of the country.

Rajya Sabha has special powers to declare that it is necessary and expedient in the national interest

that Parliament may make laws with respect to a matter in the State List or to create by law one or

more all-India services common to the Union and the States.

Functions and Powers

The cardinal functions of the Legislature include overseeing of administration, passing of budget,

ventilation of public grievances, and discussing various subjects like development plans,


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international relations, and national policies. The Parliament can, under certain circumstances,

assume legislative power with respect to a subject falling within the sphere, exclusively reserved for

the states. The Parliament is also vested with powers to impeach the President, remove judges of

Supreme and High Courts, the Chief Election Commissioner, and Comptroller and Auditor General in

accordance with the procedure laid down in the Constitution. All legislation requires the consent of

both Houses of Parliament. In the case of Money Bills, the will of the Lok Sabha prevails. TheParliament is also vested with the power to initiate amendments in the Constitution.

Prime Minister of India

Powers of Prime Minister

Appoints the COuncil of Ministers.

Allocates portfolios. Can ask a minister to resign and can get him dismissed by President.

Assist the President in appointment of all high officials.

Can recommend to the President to declare emergency on grounds of war, external aggression or

armed rebellion.

Advises President about President's rule in the State or emergency due to financial instability.

The President convenes and prorogues all sessions of Parliamenr in consultation with him/her.

Can recommend the dissolution of Lok Sabha before expire.

Leader of the House

Dr. Manmohan Singh (May 22, 2004 - till date) - Party (INC)

Indias fourteenth Prime Minister, Dr. Manmohan Singh is rightly acclaimed as a thinker and a

scholar. He is well regarded for his diligence and his academic approach to work, as well as his

accessibility and his unassuming demeanour. Prime Minister Manmohan Singh was born on

September 26, 1932, in a village in the Punjab province of undivided India. Dr. Singh completed his

Matriculation examinations from the Panjab University in 1948. His academic career took him from

Punjab to the University of Cambridge, UK, where he earned a First Class Honours degree in

Economics in 1957. Dr. Singh followed this with a D.Phil in Economics from Nuffield College at

Oxford University in 1962. His book, India's Export Trends and Prospects for Self-Sustained Growth

[Clarendon Press, Oxford, 1964] was an early critique of India's inward-oriented trade policy.

Dr. Singhs academic credentials were burnished by the years he spent on the faculty of Punjab

University and the prestigious Delhi School of Economics. He had a brief stint at the UNCTAD

Secretariat as well, during these years. This presaged a subsequent appointment as Secretary

General of the South Commission in Geneva between 1987 and 1990. In 1971, Dr. Singh joined the

Government of India as Economic Advisor in the Commerce Ministry. This was soon followed by his

appointment as Chief Economic Advisor in the Ministry ofFinance in 1972. Among the many

Governmental positions that Dr. Singh has occupied are Secretary in the Ministry ofFinance; Deputy

Chairman of the Planning Commission; Governor of the Reserve Bank of India; Advisor of the PrimeMinister; and Chairman of the University Grants Commission. In what was to become the turning

point in the economic history of independent India, Dr. Singh spent five years between 1991 and

1996 as Indias Finance Minister. His role in ushering in a comprehensive policy of economic reforms

is now recognized worldwide. In the popular view of those years in India, that period is inextricably

associated with the persona of Dr. Singh.

Among the many awards and honours conferred upon Dr. Singh in his public career, the most


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prominent are Indias second highest civilian honour, the Padma Vibhushan (1987); the Jawaharlal

Nehru Birth Centenary Award of the Indian Science Congress (1995); the Asia Money Award for

Finance Minister of the Year (1993 and 1994); the Euro Money Award for Finance Minister of the

Year (1993), the Adam Smith Prize of the University of Cambridge (1956); and the Wright's Prize for

Distinguished Performance at St. John's College in Cambridge (1955). Dr. Singh has also been

honoured by a number of other associations including by the Japanese Nihon Keizai Shimbun.

Dr. Singh has represented India at many international conferences and in several international

organizations. He has led Indian Delegations to the Commonwealth Heads of Government Meeting

in Cyprus (1993) and to the World Conference on Human Rights in Vienna in 1993. In his political

career, Dr. Singh has been a Member of Indias Upper House of Parliament (the Rajya Sabha) since

1991, where he was Leader of the Opposition between 1998 and 2004.

Atal Bihari Vajpayee (May 16, 1996 - June 1, 1996 and March 19, 1998 - May 22, 2004) - Party (BJP)

A man of the masses, firm in his political convictions. On October 13, 1999, he took charge as Prime

Minister of India for the second consecutive term at the head of a new coalition government, the

National Democratic Alliance. He was Prime Minister for a short period in 1996. He is the only Prime

Minister since Pandit Jawaharlal Nehru to have become Prime Minister of India with two successive

mandates. A veteran Parliamentarian whose career stretches over four decades, Shri Vajpayee has

been elected to the Lok Sabha (House of the People) nine times and to the Rajya Sabha (House of

the States) twice, a record by itself. As India's Prime Minister, Foreign Minister, Chairperson of

various important Standing Committees of Parliament and Leader of the Opposition, he has been an

active participant in shaping India's post-Independence domestic and foreign policy. Shri Vajpayee's

first brush with nationalist politics was in his student days, when he joined the Quit India Movement

of 1942 which hastened the end of British colonial rule. A student of political science and law, it was

in college that he developed a keen interest in foreign affairs - an interest he has nourished over the

years and put to skilful use while representing India at various multilateral and bilateral fora.

Shri Vajpayee had embarked upon a journalist's career, which was cut short in 1951 when he joined

the Bharatiya Jana Sangh, the fore-runner of today's Bharatiya Janata Party, the leading component

of the National Democratic Alliance. A critically acclaimed poet, he still takes time off from affairs of

state of indulge in music and in a bit of gourmet cooking. Born in the family of a humble school

teacher on December 25 1924, in the erstwhile princely state of Gwalior (now a part of the Indian

State of Madhya Pradesh), Shri Vajpayee's rise in public life is a tribute to both his political acumen

and Indian democracy. Over the decades, he has emerged as a leader who commands respect for his

liberal worldview and commitment to democratic ideals.

An ardent champion of women's empowerment and social equality, Shri Vajpayee believes in aforward-looking, forward moving India, a strong and prosperous nation confident of its rightful place

in the comity of nations. He stands for an India anchored in 5000 years of civilisational history, ever

modernising, ever renewing, ever re-energising itself to meet the challenges of the next 1000 years.

India's second highest civilian honour, the Padma Vibhushan, was conferred upon him in recognition

of his selfless dedication to his first and only love, India, and his more than half-a-century of service

to society and the nation. In 1994, he was named India's 'Best Parliamentarian.' The citation read:

"True to his name, Atalji is an eminent national leader, an erudite politician, a selfless social worker,


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forceful orator, poet and litterateur, journalist and indeed a multi-faceted personalityAtalji

articulates the aspirations of the masses his works ever echo total commitment to nationalism.

Shri Inder Kumar Gujral (April 21, 1997 - March 19, 1998) - Party (Janta Dal)

Shri Inder Kumar Gujral was sworn in as the 12th Prime Minister of India on Monday, the 21st of

April, 1997. Son of Late Shri Avtar Narain Gujral and Late Smt. Pushpa Gujral, Shri Gujral is M.A.,B.Com. Ph.D. & D.Litt. (Hons. Causa). He was born at Jhelum (in undivided Punjab) on 4th December

1919. He and Smt. Shiela Gujral were married on May 26, 1945. Shri Gujral belongs to a family of

freedom fighters: both his parents participated in the freedom struggle in Punjab. At the young age

of eleven, he himself actively participated in the freedom struggle in 1931 and was arrested and

severely beaten by the police for organising movement of young children in the Jhelum town. In

1942, he was jailed during the Quit India Movement. Before assuming the office of the Prime

Minister of India, Shri Gujral was the Minister of External Affairs from June 1, 1996 and held

additional charge of the Ministry of Water Resources from June 28, 1996. He was the Minister of

External Affairs earlier during 1989-1990. He was Ambassador of India to U.S.S.R. (Cabinet Rank)

from 1976-1980 and held the following Ministerial positions from 1967-1976:

Minister of Communications & Parliamentary Affairs

Minister of Information & Broadcasting and Communications

Minister of Works & Housing

Minister of Information & Broadcasting

Minister of Planning.

Parliamentary positions held: Leader of the House, Rajya Sabha from June 1996; Chairman of

Parliamentary Standing Committee on Commerce & Textiles, 1993 to April 1996; Member of

Parliamentary Standing Committee for External Affairs till April 1996; Member of Parliament 1964

to 1976, 1989 to 1991; re-elected to Rajya Sabha in 1992 from Bihar; Member, Committee on

Petitions, Public Accounts Committee, Committee on Rules, Rajya Sabha; Committee on Subordinate

Legislation, Rajya Sabha; General Purposes Committee, Rajya Sabha; Standing Committee on

External Affairs.

Other important offices held: Chairman, Indian Council of South Asian Co-operation; Member of the

Capital Plan Monitoring Committee; former President of the Institute of Defence Studies & Analysis

(IDSA); Chairman of the official Committee for the Promotion of Urdu (Gujral Committee); Vice-

President of the New Delhi Municipal council 1959-64; President Lahore Students Union; General

Secretary of the Punjab Students Federation; Convenor and Spokesman of United Front of the

Opposition Parties Conclave at Calcutta, Srinagar and Delhi.

International delegations: Leader of the Indian Delegation to United Nations General Assembly

1996; Leader of the Indian Delegation to UN Session of Human Rights, Geneva 1995; Leader of the

Indian Delegation to the UN General Assembly 1990; Leader of the Indian Delegation to the UN

Special Session of Economic Development 1990; Member, Indian Delegation to UNO 1995 and 1994;

Leader of the Indian Delegation to UNESCO Conference on Education and Environment, 1977;

Alternate Leader of the Indian Delegation to the UNESCO Session in 1970, 1972 and 1974; Chairman,

UNESCO Seminar on Man and New Communication Systems, Paris 1973; Delegate -Inter-


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Parliamentary Union Conference-Bucharest 1995; Delegate Commonwealth Parliamentary

Association Conference, Canada 19194; Delegate Inter-Parliamentary Union Meeting Canberra

(Australia) 1967; Alternate Leader of Indian Delegation to the UN Session on Environment,

Stockholm 1974; Special Envoy of India to Gabon, Cameroon, Congo, Chad and Republic of Central

Africa 1975; Special Envoy of India to the inaugural of the Republic of Malawi 1966; Special Envoy to

Bulgaria 1961; Union Minister in attendance to President of India during State Visits to Sri Lanka,Bhutan, Egypt and Sudan; Chairman Indian Council of South Asian Co-operation; Co-Chairman

Asian Rotary Conference 1961.

Social organisations with which he was associated: President, Nari Niketan Trust & A.N. Gujral

Memorial School, Jalandhar (Punjab); President, Indo-Pak Friendship Society; Founder President of

Delhi Art Theatre; Vice-President of Lok Kalyan Samiti; President of Rotary Club of Delhi 1960; Co-

Chairman of the Asian Rotary Conference in 1961.

Special interests: Shri Gujral has been a writer and commentator on National and International

Affairs, as well as theatre.

Shri H. D. Deve Gowda (June 1, 1996 - April 21, 1997) - Party (Janta Dal)

Shri H. D. Deve Gowda, a staunch crusader of socio-economic development and an ardent admirer of

the rich cultural heritage of India, was born on May 18, 1933 in Haradanahalli village of

Holenarasipura taluk, Hassan District in Karnataka. A Civil Engineering Diploma holder, Shri Deve

Gowda plunged into active politics at the early age of 20 when, after completing his education, he

joined the Congress Party in 1953 and remained a member till 1962. Coming from a middle class

agrarian background and exposed to the hardships of farmers life, young Gowda vowed to become

a fighter who would take up the cause of poor farmers, under privileged and oppressed sections of

society. Starting from lower strata of the democratic set-up, Shri Gowda ascended the political rungs

gradually. He earned himself a niche in the minds of people while serving as the President of

Anjaneya Co-operative Society and later as a member of Taluk Development Board, Holenarasipura.

Hoping to set right the inequalities prevailing in society, he always dreamt of an ideal utopian State.

When just 28 years old, the youthful Gowda contested as an Independent and was a runaway

success from day one when he first became a member of the Karnataka Legislative Assembly in

1962. An effective Speaker on the floor of the Assembly, he was acclaimed by one and all, including

his seniors. Holenarasipur constituency sent him to the Assembly for three more consecutive terms

i.e., the Fourth (1967-71); the Fifth (1972-77) and the Sixth (1978-83) Assemblies. His service as the

Leader of Opposition in the Assembly, from March 1972 to March 1976 and November 1976 to

December 1977, won him laurels. Shri Deve Gowda resigned his membership of the Sixth Assemblyon November 22, 1982. As a member of the Seventh and the Eighth Assembly, he served as the

Minister of Public Works and Irrigation. His tenure as Irrigation Minister saw the switching on of

many irrigation projects. He resigned from the Cabinet in 1987 protesting against insufficient

allocation of funds for Irrigation.

A crusader for freedom and equality, he earned the wrath of the powers that be at the Centre in

1975-76, and was imprisoned during the days of emergency. Shri Deve Gowda utilised this period of


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forced rest to enrich his knowledge through exhaustive reading. This, and the interaction between

him and other stalwarts of Indian politics who were also jailed during that period, helped him mould

his personality and perspective. He was a much more seasoned and determined person when he

emerged out of his confinement.

Elected to Parliament from Hassan Lok Sabha constituency in 1991, he was instrumental in bringingthe problems of the State - especially of farmers - to the forefront. He earned respect for his

forthright espousal of the plight of farmers, in Parliament. He also earned a name for practising and

upholding the prestige and dignity and Parliament and its institutions. Shri Deve Gowda became the

President of Janta party twice at State level and President of State Janata Dal in 1994. He was the

driving force behind the Janata Dal's rise to power in the State in 1994. He was elected as the leader

of the Janata Dal Legislative Party and on December 11, 1994 he assumed office as the 14th Chief

Minister of Karnataka. He then contested as a candidate from Ramanagar Assembly constituency

and won by a thumping majority. His prolonged experience in active politics and his strong base at

the grassroots level enabled him to plunge straightway into the task of tackling many problems

faced by the State. His political acumen was tested again when he brought the Idgah Maidan issue at

Hubli to the forefront. It was a ground that belonged to the minority community and was the butt of

political controversy. Shri Gowda successfully brought about a peaceful solution to the issue.

In January 1995, Shri Gowda toured Switzerland and attended the Forum of International

Economists. His tours to European and Middle Eastern countries were a testimony to his

achievements as a dedicated politician. His tour to Singapore, which brought in the much needed

foreign investment to the State, proved his business acumen. Since the 70s, friends as well as foes

have been commenting on his singular pre-occupation with politics and its processes. His politics,

says Shri Gowda, is the politics of the people and he is happy when he is surrounded by people and

is doing something for them. Shri Gowda is known for giving patient hearing to all shades of opinions

and is equally at home with the elite when they come calling. Affectionately called the 'son of the

soil' (dharti ke lal), he has proved to be one of the most ardent supporters of liberalisation with a

human face. In 1989, his group of the Janata Party fared poorly in Karnataka winning just 2 of the

222 Assembly seats it contested; Shri Gowda himself tasting defeat for the first time in his career

losing in both constituencies he contested. He is therefore, no stranger to the fickleness of political

fortunes. The defeat lent a sharper edge to his pursuit to regain lost honour and power, and spurred

him to re-examine his own style of politics. He made friends in Karnataka and Delhi, and put aside

his bitter feuds with political rivals. Shri Gowda is a person with a life style that is simple, a profile

that is low, but assertive and effective. Before his political initiation, Shri Gowda had been a

contractor taking up minor works.

The seven years that he spent as an Independent helped him observe party politics from outside.Ever a workaholic, he was always seen engrossed with books and periodicals in the legislature

library. His re-election in 1967 gave him more confidence and in 1969 when the Congress split, he

joined the Congress (O) headed by Shri Nijalingappa, which was in power in Karnataka then. But Shri

Gowdas big chance came after the rout of Congress (O) in the 1971 Lok Sabha elections. He

emerged the leader of a truncated opposition hit b

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