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Ghanshyam Thori

Indian Polity

Indian Polity
Analysis:
Indian Political System - General Political Scenario/Broad Political Issue
Discuss economic backwardness as a major challenge of Indian democracy. Can democracy and
development go together smoothly? (30 Marks)
What is the Strategic Partnership between India & United States of America? What are its
implications for both the partners? (30 Marks)
What are the main determinants of voting behavior in India? (30 Marks)
Discuss the major obstacles in the smooth functioning of Parliamentary democracy in India. (30
Marks).
Bring out the aberrations in the Parliamentary system of government in India. (30 Marks).
Examine the demand for greater state autonomy & also its impact on the smooth functioning of the
Indian Polity. (30 Marks).
Examine the major extra constitutional factors influencing the working of federal polity in India (15
Marks).
Constitution of India & Its Amendments Broad Constitutional Question
What is a constitution? What are the main sources of the Indian Constitution? (30 Marks)
What is the significance of Preamble of the Indian Constitution? Bring out the philosophy of the
Indian Constitution as enshrined in the Preamble of the Indian Constitution. (30 Marks).
How does the constitution of India provide equal rights? (30 Marks)
Discuss the constitutional provisions regarding rights of Children. (15 Marks).
Discuss the significance of 44th Amendment of the Constitution of India. (15 Marks).
Why does the constitution of India provide different forms of Oaths for the President, the Ministers,
the Legislators & the Members of Judiciary? Discuss their significance. (30 Marks).
How is the Constitution of India amended? Do you think the procedure to amendment makes the
constitution a plaything in the hands of the Centre? (30 Marks).
Discuss the constitutional provisions relating to the non justiciable directives binding upon the states.
(15 Marks).
Examine the need for the review of the Indian Constitution (30 Marks).
What constitutes the doctrine of Basic features as introduced into the constitution by the Judiciary.
(30 Marks).
Fundamental Rights & Duties
What is the right of life & personal liberty? How have the courts expanded its meaning in recent
years? (30 Marks).
Give you views on the right to freedom of religion as enshrined in the Indian Constituion. Do they
make India a secular state? (30 Marks).
What are the constitutional limitations on the free movement of Indians throughout the country? (15
Marks).
Ghanshyam Thori

Indian Polity

Ghanshyam Thori

Indian Polity

How does the constitution of India provide equal rights? (30 Marks)
Identify the major fundamental duties.

Directive Principles
Bring out the fundamental differences between the Fundamental Rights & the Directive Principles of
State Policy/ Discuss some of the measures taken by the Union & State Governments for the
implementation of Directive Principles of State Policy. (30 Marks)
What is the constitutional position of Directive Principles of State Polity? How has it been interpreted
by the Judiciary after the emergency of 1975-77? (30 Marks).
President Vice President
What are the exceptions when the President of India is not bound by the aid & advice of Council of
Ministers? (15 Marks).
Discuss the question of death sentence & Presidential Clemency. (30 Marks).
Comment on the nature of Ordinance Making power of the President of India. What safeguards are
there against possible misuse? (15 Marks).
Speaker
What is pro term speaker? (15 Marks).
Parliament Lok Sabha & Rajya Sabha
On What grounds can a member be disqualified from either House of the Parliament? (30 Marks).
How would you differentiate between the passage of a Constitution Amendment Bill and an Ordinary
Legislative Bill? (15 Marks).
Under what circumstances can parliament legislate on State Subjects? (15 Marks)
Define Money-Bill. Discuss how it is passed in the Parliament. (15 Marks).
Discuss Parliamentary control over the Executive. (30 Marks).
Explain the relevance of Rajya Sabha as a second chamber in the federal setup of Indian Parlimentary
System. (15 Marks).
The issue of hung parliament adversely affects the stability of the Indian Government. Discuss the
statement and point out how far changing to the Presidential form of government will be a solution to
this problem. (30 Marks)
What are the main differences between the passage of a constitutional amendment bill & other
legislatve bills? (30 Marks).
Distinguish between Cabinet Secretariat & Prime Ministers Secretariat. Which of these is more
important? (15 Marks).
How does Parliament control the Union Executive? How effective is this control? (30 Marks Repeat).
Parliamentary Committees:
Explain the role of Public Accounts Committee. (15 Marks).
Ghanshyam Thori

Indian Polity

Ghanshyam Thori

Indian Polity

Examine the role of the Estimates Committee (15 Marks).

Governor
Explain the discretionary powers of Governor of a State. (30 Marks).
State Legislature
Examine the major extra constitutional factors influencing the working of federal polity in India (15
Marks).
Local Governance Panchayati Raj & Muncipalities
Would you say that the implementation of the Panchayati System in the last 10 years has lead to real
restructuring of Indian polity? (30 Marks).
Discuss how the State government can exercise control over panchayats (15 Marks).
Centre-State Relations
Comment on the financial relations between the Union & the States in India. Has post 1991
liberalization in any way affected it? (30 Marks).
Discuss the administrative relations between the centre & the states in the light of recent controversies.
(30 Marks).
Quasi-Judical/Extra Constitutional/Statutory Bodies
How does the Inter-State Council establish co-ordination between states? (15 Marks)
What are the steps that the Election Commission may take if a recalcitrant State Government wants to
put off Assembly Elections? (15 Marks).
What is a Finance Commission? Discuss the main functions of the State Finance Commission. (15
Marks)
Elections
Identify the major electoral reforms which are necessary in the Indian Political System
Describe the methods of delimiting constituencies for parliamentary elections in India (15 Marks
Important for this year).
Judiciary
Is the High Courts power to issue writs wider than that of Supreme Court of India? (15 Marks)
Is it possible to distinguish between Judicial review & Judicial Activism in India? Does the recent
behaviour of the Indian Judiciary partake more of judicial activism? Argue with suitable examples.
What is the position of Supreme Court under the Constituion of India? How far does it play a role as
the Guardian of the Constitution. (30 Marks).
Emergency Provisions
Ghanshyam Thori

Indian Polity

Ghanshyam Thori

Indian Polity

What is the meaning of Breakdown of Constitutional Machinery. What are its effects? (30 Marks).
Miscellaneous
How has the Indian State tackled the tradeoff between Environment & development? (15 Marks).

1.
2007
2.
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20025.
20061.
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5.
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20013.
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20053.
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20003.
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20043.
4.
1.
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2003

2 Markers (Previous Years)


What is point of order? How can it be raised?
What is criminalization
Privilege Motion?
of politics?
State
thethe
difference
How is
Presidentbetween
of IndiaCouncil
Elected?of Ministers & Cabinet (Repeat)
How
is
the
Vice
President
of
India
elected?
What is Casting Vote?
What the
is meant
by Sine-die
difference
between adjournment?
Council of Ministers & Cabinet?
What is the importance of Right to Constitutional Remedies?
What is the importance of 84th Amendment of the Indian Constitution?
Under
Article of terms:
the Constitution can the Union Government play its role in settling Inter-state
Explainwhat
the following
Water
a. Dispute?
Dissolution of the House
What
is
the role of the
protem
speaker?
b. Prorogation
of the
House
What
meant by Lame-Duck
Session
ofHouse
the Legislature?
c. isAdjournment
of the business
of the
What is Consolidate
meant by Fringe
Areas
in
the
sphere
of local government in India?
fund of India?
To what extend can the President withhold his assent to a bill already passed by the Parliament?
Explain
the Local
AreaEast
Development
What is Indias
Look
Policy Scheme of the Members of Parliatment.
What is ethics
of the Lok
meant committee
by Empowerment
of Sabha?
India in India?
Why is it said that centre has absolute veto over state legislature?
What is Call
Attention
Motion?
meant
by Double
Jeopardy
When
is
the
device
of
joint
sitting to
of Scheduled
both houses
of the
not available?
What are the protections afforded
tribes
in parliament
the Fifth Schedule
of the Indian Constituion?
In what ways can the President of India ascertain the views of the Supreme Court on a particular bill?
What is vote
on account?
the common
point between Articles 14 & 226 of the Indian constitution?
What
is what
a caretaker
government?
Who &
does the
Indian Parliament consist of?
Do you justify the Prime Ministers Entry into Parliament through Rajya Sabha?
What is Habeas
priviledge
Motion?
Corpus?
What are
is Contempt
of
Parliament?
the constitutional
restrictions imposed upon the power of borrowings of state government?
What is the special facility provided to the linguistic minorities under the article 350A?
How can a judge of the Supreme Court be removed?
How is the Election Commission of India Constituted?

Ghanshyam Thori

Indian Polity

Ghanshyam Thori

Ghanshyam Thori

Indian Polity

Indian Polity

Ghanshyam Thori

Indian Polity

Terms
Post
President

Vice President

MP (Lok
Sabha)
MP (Rajya
Sabha)

Governor
MLA
Members of
Legilative
Council

Ghanshyam Thori

Election
An electoral college consisting of the
elected members of both houses of the
Parliament and the elected members of
the State Legislative Assemblies
(Vidhan Sabha). The election uses the
Single Transferable Vote method of
proportional representation.

Removal
Through Impeachment. The process of
impeachment may start in either house. The
charges are contained in a notice which has
to be signed by at least one quarter of the
total members of that house. The notice is
sent up to the President and 14 days later, it
is taken up for consideration. A resolution to
impeach the President has to be passed by a
two-third majority of the total members of
the originating house. It is then sent to the
other house where it has to be passed by
2/3rd majority. The president has the right to
defend himself during the process.
Legislative Assembly members do not
participate in impeachment.
By an electoral college consisting of all By a vote of the majority of the votes of all
the Members of both Houses of the members of both Houses of Parliament.
But only Rajya Sabha can initiate the
Parliament.
process.
Direct Election. 2 members of Anglo
Indian community nominated.
Members are elected by the Legislative
Assembly of Each State. Delhi &
Pondicherry are the only two UTs
having representation. 12 members are
nominated.
No provision in constitution. He holds office
during the pleasure of the president.
1/3rd elected by State Legislative
Assembly, 1/3rd by local bodies, 1/12th
by university graduates, 1/12th by
teachers, 1/6th nominated by governor.
At present only 6 states viz Uttar
Pradesh, Bihar, Karnataka, Maharashtra
and Jammu and Kashmir & Andra
Pradesh (added in 2005) have legislative
council.
6

Indian Polity

Ghanshyam Thori
Supreme
Court Judge

High Court
Judge

Indian Polity
President appoints in consultation with
Supreme Court. For this the person must
be a citizen of India and must have been,
for at least five years, a Judge of a High
Court or of two or more such Courts in
succession, or an Advocate of a High
Court or of two or more such Courts in
succession for at least 10 years, or the
person must be, in the opinion of the
President, a distinguished jurist.
President after consultation with the
Chief Justice of India, Governor of the
State Concerned & Chief Justice of High
Court.

A Judge of the Supreme Court cannot be


removed from office except by an order of
the President passed after an address in each
House of Parliament supported by a
majority of the total membership of that
House and by a majority of not less than
two-thirds of members present and voting,
and presented to the President in the same
Session
Exactly Same as in case of Supreme Court
Judge (cited above).

Parliamentary Terms
Adjournment sine die Termination of a sitting of the House without any definite date being fixed for the
next sitting.
A Money Bill passed annually (or at various times of the year) providing for the
Appropriation Bill
withdrawal or appropriation from and out of the Consolidated Fund of India of
moneys voted by Lok Sabha and moneys charged on the Consolidated Fund for
the services of a financial year or a part of a financial year.
Annual financial statement of the estimated receipts and expenditure of the
Budget
Government of India in respect of a financial year. The Budget is laid in Rajya
Sabha in two parts viz., the Railway Budget and the General Budget.
The vote cast by the Chairman, or the person Acting as such in the House and by
Casting Vote
the Chairman or person acting as such in a Committee, in the case of an equality
of votes on a matter.
Passing between the member in possession of the House and the Chair. To cross
Crossing the Floor
the floor is a breach of Parliamentary etiquette
A motion for the adjournment of the debate or a motion to retard or delay the
Dilatory Motion
progress of the business under consideration of the House. The debate on a
dilatory motion must be restricted to the matter of such motion. If the Chairman
is of opinion that such a motion is an abuse of the Rules of the House, he may
either forthwith put the question thereon from the Chair or decline to propose the
question.
A method applied to determine the relative precedence of private members' Bills
Draw of Lot
and Resolutions, notices of questions, half-an-hour discussions or any other
notice given by more than one member simultaneously for being taken up on the
same day.
Deletion of words, phrases or expressions from the proceedings or records of
Expunction
Rajya Sabha by an order of the Chairman as being defamatory or indecent or
unparliamentary or undignified.
Ghanshyam Thori

Indian Polity

Ghanshyam Thori
Finance Bill
Financial Bill

Guillotine

Maiden Speech

Money Bill

Naming a Member

Ordinance
Point of Order

Prorogation
Question Hour
Ghanshyam Thori

Indian Polity
Bill ordinarily introduced every year to give effect to the financial proposals of
the Government of India for the following financial year and includes a Bill to
give effect to supplementary financial proposals for any period.
Financial Bills are of two types:
(a) A Bill making provision for any of the matters specified in sub-clauses (a) to
(f) of clause (1) of article 110 of the Constitution is called a Money Bill. Such a
Bill cannot be introduced except on the recommendation of the President and a
Bill making such provisions cannot be introduced in Rajya Sabha.
(b) A Bill which if enacted and brought into operation would involve expenditure
from the Consolidated Fund of India. Such a Bill can be introduced in Rajya
Sabha. It cannot be passed by either House of Parliament unless the President has
recommended to that House the consideration of the Bill.
Guillotine is a different form of closure. It means the putting by the Chairman of
outstanding question or questions relating to the business in hand on expiry of the
time allotted for the discussion. Unlike closure, the guillotine to be applied is not
preceded by any motion. The Chair forthwith puts the question without further
debate.
The first speech of a member after his election for the first time. Such a member
is, as a matter of courtesy, called upon by the Chairman to make his maiden
speech in preference to others rising to speak at the same time. It is a recognized
parliamentary convention that a member making a maiden speech is not
interrupted by another member.
A Bill containing only provisions dealing with all or any of the matters specified
in sub-clauses (a) to (g) of clause (1) of article 110 of the Constitution is a Money
Bill. Such a Bill cannot be introduced in Lok Sabha except on the
recommendation of the President and a Bill making such provisions cannot be
introduced in Rajya Sabha.
The drawing of attention of the House by the Chairman to the conduct of a
member who disregards the authority of the Chair or abuses the Rules of the
House by persistently and willfully obstructing the business thereof, with a view
to action being taken to suspend him from the service of the House for a period
not exceeding the remainder of the session.
A law made by the President in exercise of the powers vested in him by article
123 of the Constitution.
A point relating to the interpretation or enforcement of the Rules of Procedure or
such articles of the Constitution as regulate the business of the House raised in
the House and submitted for the decision of the Chair. A member may raise a
point of order if the proceedings of the house do not follow the normal rules. The
presiding officer decides whether the point of order raised by the member should
be allowed.
The termination of a session of Rajya Sabha by an order made by the President
under article 85(2)(a) of the Constitution.
The first hour of a sitting of the House allotted for asking and answering of
questions. The questions consist of starred (oral), unstarred (written) & short
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Indian Polity

Ghanshyam Thori

Question of Privilege
Parliamentary
Privileges

Lame Duck Session


Privilege Motion

Difference between
the breach of
privileges and
contempt of the
House

Quorum
Short Notice
Question
Starred Question
Unstarred Question
Adjournment,
Prorogation &
Dissolution of the
House

Indian Polity
notice question.
A question involving a breach of privilege either of a member or of the House or
of a Committee thereof or contempt of the House.
The term `parliamentary privilege' refers to certain rights and immunities enjoyed
by each House of Parliament and Committees of each House collectively, and by
members of each House individually, without which they cannot discharge their
functions, efficiently and effectively. The House has the power to punish any
person who commits contempt of the House or a breach of any of its privileges.
This session is held when a new Parliament has been elected but the old
parliament meets for the last time before it is dissolved. The lame-ducks are the
members of the parliament who have not got re-elected.
Any member either from Lok Sabha or Rajya Sabha can move a Privilege Motion
notice against a person who he feels has caused breach of privilege either of his
own person or that of the house in general. The member moving the notice has to
seek prior permission of the Lok Sabha speaker or chairman of the Rajya Sabha
as the case may be.
When any of the privileges either of the members individually or of the House in
its collective capacity are disregarded or attacked by any individual or authority,
the offence is called a `breach of privilege'.
Contempt of the House may be defined generally as "any act or omission which
obstructs or impedes either House of Parliament in the performance of its
functions, or which obstructs or impedes any member or officers of such House
in the discharge of his duty, or which has a tendency, directly or indirectly, to
produce such results.
Whereas all breaches of privilege are contempts of the House whose privileges
are violated, a person may be guilty of a contempt of the House even though he
does not violate any of the privilege of the House, e.g. when he disobeys an order
to attend a committee or publishes reflections on the character or conduct of a
member in his capacity as a member.
The minimum number of members required to be present at a sitting of the House
or a Committee for valid transaction of its business. The quorum to constitute a
sitting of the House is one-tenth of the total number of members of the House.
A question relating to a matter of urgent public importance asked with notice
shorter than fifteen clear days.
Question to which a member wishes to have an oral answer on the floor of the
House and which is distinguished by an asterisk.
A question which is not called for oral answer in the House. The written answer
to such a question is deemed to have been laid on the Table.
An adjournment terminates the sitting of the House which meets again at the time
appointed for the next sitting. An adjournment also signifies brief break of the
sitting of the House which re-assembles at the appointed time on the same day.
Prorogation means the termination of a session of the House by an order made by
the President under article 85(2)(a) of the Constitution. Usually, prorogation

Ghanshyam Thori

Indian Polity

Ghanshyam Thori

Indian Polity
follows the adjournment of the sitting of the House sine die.
Dissolution of the House means the end of the life of the Lok Sabha either by an
order made by the President under article 85 (2) (b) of the Constitution or on the
expiration of the period of five years from the date appointed for its first meeting.

Departmentally
Related Standing
Committee
Substantive,
Substitute &
Subsidiary Motion

These Committees, as their name suggests, consider and report on the


working/demands for grants of the Ministries/Departments assigned to them.

Adjournment Motion

Adjournment Motion is the procedure for adjournment of the business of the


House for the purpose of discussing a definite matter of urgent public importance,
which can be moved with the consent of the Speaker. The Adjournment Motion,
if admitted, leads to setting aside of the normal business of the House for
discussing the matter mentioned in the motion. Only if 50 members support it &
speaker grants permission.
"Rules, regulations, orders, schemes, bye-laws, etc. having the force of law,
framed by the Executive or other subordinate authority in pursuance of the power
conferred on it by the Constitution or delegated to it by an Act of Parliament.
The time immediately following the Question Hour and laying of papers and
before any listed business is taken up in the House has come to be popularly
known as `zero hour'. As it starts around 12 noon, this period is euphemistically
termed as `zero hour'. For raising matters during the so-called zero hour in Lok
Sabha, members give notice before 10 a.m. everyday to the Speaker stating
clearly the subject which they consider to be important and wish to raise in the
House. It is, of course, for the Speaker to allow or not allow raising of such
matters in the House. The term `zero hour' is not formally recognised in
parliamentary procedures.
A member with prior attention of the speaker may call the attention of a minister
to a matter of urgent public importance. the Minister may make a brief statement
or ask for time to make a statement at a later hour or date. There can be no
debate on such a statement at the time it is made. The Calling Attention
procedure is an Indian innovation. It combines asking a question with

Subordinate
Legislation
Zero Hour

Calling Attention
Notice

Ghanshyam Thori

Motions may be classified into three broad categories namely substantive,


substitute and subsidiary. A substantive motion is a self-contained independent
proposal made in reference to a subject which the mover wishes to bring forward
e.g., all Resolutions are substantive motions.
Substitute Motion as its name suggests is moved in substitution of the original
motion for taking into consideration a policy or situation or statement or any
other matter.
Subsidiary Motion is a motion which depends upon or relates to another motion
or follows upon some proceedings in the House. By itself it has no meaning and
is not capable of stating the decision of the House without reference to the
original motion or proceedings of the House.

10

Indian Polity

Ghanshyam Thori

Short Duration
Discussions
Cut Motion

Censure Motion
No Confidence
Motion
No Day Yet Named
Motion

By Elections
Ghanshyam Thori

Indian Polity
supplementaries and making brief comments. In this procedure, Government gets
adequate opportunity to state its case. The calling attention matter is not subject
to the vote of the House.
Private members can also bring matters of urgent public importance to the notice
of the House. The notice must be signed by at least 3 members
Cut Motions to Demands for Grants.Members may give notice of Cut
Motions for the reduction of the votable heads of expenditure of the Demands for
Grants immediately after the Finance Minister or the Railway Minister as the case
may be, has presented the Budget in the House. Cut Motions are divided into
following three categories:
(i) Disapproval of Policy cut i.e., a motion "that the amount of the demand be
reduced to Re. 1" representing disapproval of policy underlying the Demand. A
member giving notice of such a Cut Motion should indicate in precise terms, the
particulars of the policy which he proposes to discuss. If the Cut Motion is
admitted, the member should confine the discussion to the specific point or points
mentioned in the notice and it is open to the member to advocate an alternative
Policy;
(ii) Economy cut i.e., a motion "that the amount of the Demand be reduced by a
specific amount" representing the economy that can be effected. Such specified
amount may either be a lump sum reduction in the Demand or reduction of an
item in the Demand. The member giving notice of such a cut motion should
indicate briefly and precisely the particular matter on which discussion is sought
to be raised and if the notice is admitted speeches should be confined to the
discussion as to how economy can be effected; and
(iii) Token cut i.e., a motion "that the amount of the Demand be reduced by Rs.
100" in order to ventilate a specific grievance, which is within the sphere of
responsibility of the Government of India. The discussion on such a cut motion, if
admitted, should be confined to the particular grievance specified in the motion.
A motion which seeks to censure the government for its lapse. At least 50
members support it & speaker should admit it. If the motion is passed in the Lok
Sabha, the council of ministers have to resign.
A motion moved by a member who expresses lack of confidence in the
government for any reason. The motion, if allowed is debated upon. At the
conclusion of such debate, a vote of confidence is sought by the government & if
it fails to get the required majority of vote, it has to resign.
The term 'Motion' in its wider sense means any proposal submitted to the House
for obtaining its decision. Any matter of general public interest can be the
subject matter of a motion. If the Speaker admits notice of a motion and no date
is fixed for the discussion on such a motion, it is immediately notified in the
Bulletin Part II under the heading `No-Day-Yet-Named Motion'. The date and
time is allotted for discussion on such motions by the Speaker, in consultation
with the Leader of the House after taking into consideration the state of business
before the House.
To fill up the seat rendered vacant due to death.
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Indian Polity

Ghanshyam Thori

Indian Polity

Resolution & Its


Types

A Resolution is the formal expression of opinion by the House. It may be in the


form of a declaration of opinion, or a recommendation
Resolutions may be categorized as: Private Members' Resolutions, Government
Resolutions and Statutory Resolutions. The Private Members Resolutions are
moved by a member (not a Minister); the Government Resolutions are moved by
Ministers; and the Statutory Resolutions are moved in pursuance of a provision
contained in the Constitution or an Act of Parliament.

National Integration
Council

State Finance
Commission

Ghanshyam Thori

Various Bodies
The then Prime Minister, Shri Jawaharlal Nehru, convened National Integration
Conference in September-October, 1961 to find ways and means to combat the
evils of communalism, casteism, regionalism, linguism and narrow-mindedness,
and to formulate definite conclusions in order to give a lead to the country. This
Conference decided to set up a National Integration Council (NIC) to review all
matters pertaining to national integration and to make recommendations thereon.
The NIC was constituted accordingly and held its first meeting in 1962.
The UPA Government in Feb 2005 reconstituted the National Integration Council
(NIC) under the chairmanship of the Prime Minister, Manmohan Singh. The 103member NIC was constituted after a gap of 12 years having held its last meeting
in 1992.
Besides Union Ministers, Chief Ministers and political leaders, the NIC will have
representation from various categories such as national commissions, media
persons, business, eminent public figures and women. The NIC will function as a
forum for effective initiative and interaction on issues of national concern, review
issues relating to national integration and make recommendations, according to
an official release here.
Article 243 I of the Indian Constitution prescribes that the Governor of a State
shall, as soon as may be within one year from the commencement of the
Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the
expiration of every fifth year, constitute a Finance Commission to review the
financial position of the Panchayats and to make recommendations to the
Governor as to
A. The principles which should govern
1. The distribution between the State and the Panchayats of the net
proceeds of the taxes, duties, tolls and fees leviable by the State,
which may be divided between them under this Part and the
allocation between the Panchayats at all levels of their respective
shares of such proceeds;
2. The determination of the taxes, duties, tolls and fees which may be
assigned as, or appropriated by, the Panchayats;
3. The grants-in-aid to the Panchayats from the Consolidated Fund of
the State;
B. The measures needed to improve the financial position of the Panchayats;
12

Indian Polity

Ghanshyam Thori

Law Commission of
India

Uniform Civil Code


Article 44

Ghanshyam Thori

Indian Polity
C. Any other matter referred to the Finance Commission by the Governor in
the interests of sound finance of the Panchayats.
Article 243Y of the Constitution further provides that the Finance Commission
constituted under Article 243 I shall make similar recommendation vis-a-vis
municipalities. The Governor is required to cause every recommendation made
by the State Finance Commission together with an explanatory memorandum as
to the action taken thereon to be laid before the Legislature of the State.
First Law Commission of Independent India was established in 1955. Since then
eighteen more Law Commissions have been appointed, each with a three-year
term and with different terms of reference. The Eighteenth Law Commission was
constituted through a Government order with effect from September 1, 2006. It
will have a three-year term ending August 31, 2009. It is headed by Dr. Justice A
R Lakshmanan, Former Judge Supreme Court of India & there are two other
members.

Shah Bano Case: The Supreme Court first directed the Parliament to frame a
UCC in the year 1985 in the case of Mohammad Ahmed Khan v. Shah Bano
Begum, popularly known as the Shah Bano case. In this case, a penurious Muslim
woman claimed for maintenance from her husband under Section 125 of the Code
of Criminal Procedure after she was given triple talaq from him. The Supreme
Court held that the Muslim woman have a right to get maintenance from her
husband under Section 125. The Court also held that Article 44 of the
Constitution has remained a dead letter.
After this decision, nationwide discussions, meetings, and agitation were held.
The then Rajiv Gandhi led Government overturned the Shah Bano case decision
by way of Muslim Women (Right to Protection on Divorce) Act, 1986 which
curtailed the right of a Muslim woman for maintenance under Section 125 of the
Code of Criminal Procedure. The explanation given for implementing this Act
was that the Supreme Court had merely made an observation for enacting the
UCC, not binding on the government or the Parliament and that there should be
no interference with the personal laws unless the demand comes from within.
Sarla Mudgal Vs Union of India: The second instance in which the Supreme
Court again directed the government of Article 44 was in the case of Sarla
Mudgal v. Union of India. In this case, the question was whether a Hindu
husband, married under the Hindu law, by embracing Islam, can solemnise
second marriage The Court held that a Hindu marriage solemnised under the
Hindu law can only be dissolved on any of the grounds specified under the Hindu
Marriage Act, 1955. Conversion to Islam and Marrying again would not, by
itself, dissolve the Hindu marriage under the Act. And, thus, a second marriage
solemnised after converting to Islam would be an offence under Section 494 of
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the Indian Penal Code.

Emergency Provisions
of the Constitution

Conclusion:
The section of the nation against the implementation of UCC contends that in
ideal times, in an ideal State, a UCC would be an ideal safeguard of citizens
rights. But India has moved much further from ideal than when the Constitution
was written 50 years ago.
But to conclude, I would like to say that citizens belonging to different religions
and denominations follow different property and matrimonial laws which is not
only an affront to the nations unity, but also makes one wonder whether we are a
sovereign secular republic or a loose confederation of feudal states, where people
live at the whims and fancies of mullahs, bishops and pundits.
National Emergency: The proclamation of emergency should be approved by
both houses within one month of the date of issue & passed by 2/3rd majority
otherwise ceases to operate in one month. Once it has been approved it remains in
force for a period of 6 months. The life of Lok Sabha can be extended upto one
year at a time & up to the period not exceeding beyond six months after the
proclamation ceases to operate. Fundamental rights except guaranteed in article
20 & 21 cannot be suspended. Emergency was form 1962-68 & 1971-78.
However according to 44th amendment, national emergency cannot be declared
on grounds of internal disturbances.
Emergency due to constitutional failure in state: Ceases to be in operation
after the expiry of two months unless approved by each house. After approval
valid for 6 months. It can be extended by parliament for a further period of 6
months. To extend further election commission should certify & still maximum
period is 3 years. Declared more than 100 times, first time in Punjab. The court
can strike down emergency if found unconstitutional & revive the dissolved state
assembly.

Separation of Powers

Basic Structure of
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Financial Emergency: Remains in force for a period of 2 months unless


approved. After approval 6 months. The maximum period is 3 years. President
can reduce salary of judges of all courts & ask all money bills passed by state
legislature to be reserved.
At both the Center and in the States, the powers of government are divided
between the Executive, the Legislature and the Judiciary. At the Center, the
Executive comprises the President, Vice-President and the Council of Ministers,
headed by the Prime Minister. The Union Legislature (Parliament) has two
houses - the Lok Sabha (the lower house, elected by the people of India from
individual, simple majority constituencies) and the Rajya Sabha (the upper house,
elected by the State Legislatures who in turn are directly elected by the people on
the same lines as the Lok Sabha). The Judiciary is vested in the Supreme Court of
India
The "Basic Structure" doctrine is the judge-made doctrine whereby certain
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Constitution

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features of the Constitution of India are beyond the limit of the powers of
amendment of the Parliament of India. The doctrine which was first expresed in
Kesavananda Bharati vs. The State of Kerala reflects judicial concern at the
perceived threat to the liberal constitutional order posed by the Indian National
Congress, in particular under Indira Gandhi.
The Basic Structure doctrine applies only to the constitutionality of amendments
and not to ordinary Acts of Parliament, which must conform to the entirety of the
constitution and not just its basic structure.
On April 24, 1973, the Supreme Court ruled in Kesavananda Bharati v State of
Kerala that although the 25th Amendment of 1971 was constitutional, the court
still reserved for itself the discretion to reject any constitutional amendments
passed by Parliament by declaring that the amendments cannot change the
constitution's "basic structure".
The 42nd.amendment carried out by the Government in 1976 gave asserted that
parliament had unlimited powers to amend the constitution & tried to accord
precedence to Directive principles over fundamental rights. But in the Minerva
Mills Ltd Vs Union of India Case, 1980 the Supreme court struck down those
provisions
What constitutes Basic Structure of Constitution?
Chief Justice Sikri, writing for the majority, indicated that the Basic Structure
was:
The supremacy of the Constitution;
A Republican and democratic form of government;
The secular character of the Constitution;
Maintenance of the separation of powers;
The federal character of the Constitution.
Justices Shelat and Grover added three features to the Chief Justice's list:
The mandate to build a welfare state contained in the Directive Principles of
State Policy;
Maintenance of the unity and integrity of India;
The sovereignty of the country.
Justices Hegde and Mukherjea instead provided, in their opinion, a separate
and shorter list:
The Sovereignty of India;
The democratic character of the polity;
The unity of the country;
Essential features of individual freedoms;

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Legislative
relationship between
Lok Sabha and Rajya
Sabha

The mandate to build a welfare state.

Justice Jaganmohan Reddy preferred to look at the Preamble; stating that the
basic features of the Constitution were laid out by that part of the document, and
thus could be represented by:
A sovereign democratic republic;
The provision of social, economic and political justice;
Liberty of thought, expression, belief, faith and worship;
Equality of status and opportunity.
In legislative matters, Rajya Sabha enjoys almost equal powers with Lok Sabha,
except in the case of Money Bills where the latter has overriding powers. Such
Bills cannot be introduced in Rajya Sabha and are deemed to have been passed if
these are not returned to Lok Sabha within fourteen days.
In the case of Bills, a disagreement between the two Houses may arise when a
Bill passed by one House is rejected by the other House; or the Houses have
finally disagreed as to the amendments to be made in the Bill; or more than six
months lapse from the date of the reception of the Bill by the other House without
the Bill being passed by it. A joint sitting of the Houses is convened for this
purpose. In the case of Money Bills, there is no question of a deadlock as the
Rajya Sabha has a limited say in such matters. There is no provision for a joint
sitting in case of a deadlock over a Constitution Amendment Bill. It cannot be
passed if other House does not pass it. Only in case of non-money bills joint
provision of joint sitting is available.

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Part
I
II
III
IV
IV A
V
VI
VII

Articles
1-4
5-11
12-35
36-51
51A
52-151
152-237
238

VIII
IX
IX-A
X
XI
XII
XIII
XIV
XIV A
XV
XVI
XVII
XVIII
XIX
XX
XXI
XXII

239-241
243 A-O
243 P-ZG
244-244 A
245-263
264-300A
301-307
308-323
323A-323B
324-329
330-342
343-351
352-360
361-367
368
369-392
393-395

Schedule I
Schedule II
Schedule III
Schedule IV
Schedule V
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Parts of the Constitution


Areas
The Union & its Territories
Citizenship
Fundamental Rights
Directive Principles of State Policy
Fundamental Duties (42nd Amendment)
The Union Government
The State Government
Dealt with states in Part B of the First Schedule. Repealed in 1956 by the
Seventh Amendment.
Union Territories. Article 242 repealed.
The Panchayats
The Muncipalities
The Scheduled & Tribal Areas
Relations between the Union & the States
Finance, Property, Contracts & Suits
Trade, Commerce & Intercouse within the territory of India
Services under the Union & the States
Administrative Tribunals (42nd Amendment 1976)
Elections
Special Provisions (Reservations of SC, ST, Anglo Indian etc)
Official Language
Emergency Provisions
Miscellaneous Provisions (Immunity of President, Legislature etc)
Amendment of the Constitution
Temporary, Transitional & Special Provision
Short Title, Commencement, Authoritative

Schedules of the Constitution


Deals with territories of the 28 states & 7 union territories
Salaries allowances of president, V.P, Speaker, Judges, CAG etc.
Various forms of Oaths & affirmation which various incumbents have to take.
Seats allotted to various states & UTs in the Rajya Sabha (Council of States)
Administration & Control of scheduled areas.
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Schedule VI
Schedule VII
Schedule VIII
Schedule IX
Schedule X
Schedule XI
Schedule XII

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Administration of tribal areas in Assam, Meghalaya & Mizoram
Subjects in the three lists Union, State & Concurrent
List of 22 regional languages
Certain acts & regulations dealing with land reforms & zamidari system abolition.
(Added by I constitutional amendment).
Disqualifications on grounds of defection. (52nd Amendment)
29 subjects on which panchayats can legislate. (73rd Amendment)
18 subjects on which municipalities have control. (74th Amendment)

1.

British Constitution

2.

American Constitution

3.

Canadian Constitution

4.

Irish Constitution

5.
6.
7.
8.
9.
10.
11.

Australian Constitution
Weimar Constitution
Soviet Constitution
Govt of India Act 1935
South African
French Constitution
Japanese Constitution

1.
2.

Berubari Case
Golaknath Case
1967

3.

Keshvanada Bharti
Case

4.

Minerval Mills Case


1980

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Indian Constitution Borrowed Features


Parliamentary form of Government, Rule of Law, Law making
procedure, Single Citizenship; Institution of Speaker, doctrine of
pleasure tenure of civil servants.
Judicial System, Fundamental Rights, President as Executive Head,
Public Interest Litigation (PIL), Preamble
Federal System with a strong central authority; Residual powers,
Centre State Relation.
Directive Principles, Election of the President of India, Nomination
of Rajya Sabha members by President.
Concurrent list; Freedom of Trade & Service within country
Emergency Provision
Five Year Plans; Fundamental duties
Office of the governor, powers of the federal jury.
Amendment of Constitution, Election of members of Rajya Sabha
Republic
Fundamental Duties.
Important Cases of the Constitution
Preamble not a part of the constitution
Supreme court held that the Parliament had no power to amend any of the
provisions of Part III (Fundamental rights) The Indira Gandhi government
in 1971 carried out the 24th Amendment with a view to assert the right of
the parliament to amend any part of the constitution.
Preamble was a part of the constitution & can be amended by Parliament
under Article 368. Parliament can also amend the fundamental rights
(Against Golaknath case) but ruled that the parliament cannot destroy the
basic structure of the constitution.
The 42nd.amendment carried out in 1976 gave asserted that parliament had
unlimited powers to amend the constitution & tried to accord precedence to
Directive principles over fundamental rights. But in the Minerva Mills
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5.

Maneka Gandhi Vs
Union of India

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Case the Supreme court struck down those provisions
Right to live is not merely confined to physical existence but includes
within its ambit the right to live with human dignity

Preamble
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 to
ourselves this constitution.
* Italicized word added by 42nd amendment

Various Political/Non Political Offices of India


Name proposed by 50 electors & security deposit of Rs 15000. Disputes in
connection with the election of President are decided by Supreme Court. Oath by
Chief justice of India. MLAs & members of both house of the parliament vote in the
election. The president submits his resignation to the Vice President. Impeachment
can be initiated by either house of parliament (2/3 majority). Nominated members can
also participate but they do not participate in the election of president. MLAs do not
participate in impeachment. In case the office becomes vacant fresh elections within
6 months. The president enjoys suspensive veto powers & it applies only to the non
money bills. With regards to constitutional amendments president has no veto
powers. President can promulgate ordinances when the parliament is in recess only
on matters in the union & concurrent list. The ordinances must be approved by
parliament within 6 weeks. All money bills originate on the recommendation of the
President. Appoints finance commission. If there is no party with clear cut majority
the president can use his discretion. He cannot declare any emergency on his own.
Can summon both houses separately.
Vice President Name seconded by at least 25 members & security deposit of 15,000. More than 35
years of age. Elected by the members of Lok Sabha & Rajya Sabha at a joint meeting.
Oath before the president or some other person appointed by him. Can act as
president for a maximum 6 months period. Not a member of Rajya sabha only an exofficio chairman. Removed by simple majority of Rajya Sabha & approved by Lok
Sabha. Only Rajya Sabha can initiate removal process.
Prime Minister Gets the same salary & allowances as MPs but additional sumptuary allowance of
3000 per month. If the prime minister is taken from Rajya Sabha he cannot part in
voting when a vote of no confidence is under consideration. In the event of his death
the council of ministers stand automatically dissolved.
Deputy PM
Position not known to the constitution although 7 persons have occupies this post.

President

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Vallabhbhai Patel, Morarji Desai, Charan Singh, Jagjivan Ram, Y.B Chavan, Devi
Lal & L. K. Advani have served the office.
Council of
Should be a member of either house or do so within 6 months. Vote of no confidence
Ministers
against any minister leads to resignation of entire council. The cabinet, state & deputy
ministers get sumptuary allowance of 2000, 1000 & 600 respectively. Present the
budget before the parliament. Collectively responsible to parliament but individual
ministers responsible to President.
Lok Sabha
Strength of Lok Sabha fixed at 543 plus 2 nominated members of Anglo-Indian
community in 1976. Minimum 25 years of age. The security deposit has been
increased from Rs 500 to Rs 10,000. In case of SC/ST it has been increased from Rs
250 to Rs 5000. 10 electors should propose. No candidate can contest elections from
more than 2 constituencies. Oath before president or some person appointed by him.
Can vacant seat by writing to speaker. Seat vacant if absents from meetings for 60
days without intimation. The speaker continues in the house even after the dissolution
of the Lok Sabha till a newly elected Lok Sabha meets. MPs are entitled to a monthly
salary of Rs 12000 & pension of 3000 which increases according to the number of
years served. The joint session is called if a bill passed is rejected by other house or
no action is taken. Speaker presides over joint sessions.
Rajya Sabha
238 elected & 12 nominated. Minimum 30 years of age. Elected by members of state
legislative assemblies on the basis of proportional representation through a single
transferable vote. It is not subjected to dissolution. In the event of dissolution of Lok
Sabha, any bill pendin in the Rajya Sabha but not passed by Lok Sabha does not
lapse.
Supreme Court 5 years as high court judge or 10 years as advocate. Hold office till the age of 65.
Judge
Address their resignation to president. The salaries of chief justice & other judges are
33000 & 30,000 respectively. Impeachment requires 2/3rd majority in the two houses
of the parliament. Original Jurisdiction (Centre-state & fundamental rights),
Appellate jurisdiction (Only if high court certifies or the high court has awarded
death sentence after reversing judgement or after withdrawing case from lower court
& Advisory jurisdiction.
Governor
Oath before chief justice of high court of that state. 35 years of age. Draws
36000.Adresses first session of state legislature after elections. Appoint one sixth
members of legislative council. Nominates one member of Anglo Indian community
to the legislative assembly. Makes laws through ordinances. Can grant pardon but not
in case of death sentence. Reserve a bill for presidents consideration. He is permitted
to act without the advice of the council of ministers unlike president. Ordinance
issued by him remains in force for a maximum 6 months. The constitution does not
contain any provision for his impeachment.
Advocate
Person who is qualified to be a judge of the high court. Remunerations as the
General
governor may determine.
Legislative
60 to 500 members according to population but Sikkim has only 32 members. 25
Assembly
years of age. Goa, Mizoram, Pondicherry have only 30 members.
Legislative
Its members are elected by legislative assembly (1/3rd) local bodies (1/3rd), teachers
Council
(1/12th), university graduates (1/12th) & nominated by governor (1/6th). The
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High Court

Administrative
Tribunals
Inter State
Council
Zonal Council

UPSC

Comptroller &
Auditor
General
Attorney
General
Election
Commission

Finance
Commission
(Art. 280)
Planning
Commission
NDC
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maximum membership can be 1/3rd that of Legislative Assembly but in no case less
than 40 members. 30 years of age. The legislative council can delay an ordinary bill
for 3 months & a money bill for 14 days. There is no provision for joint sitting here.
To become a judge advocate for 10 years or held judicial office in Indian Territory
for a period of at least 10 years. 62 years of age. Chief justice gets 30,000 & other
judges 26000. The pension of the high court judges is charged to the Consolidated
fund of India.
Incorporated by 42nd amendment through addition of articles 323A & 323B. CAT is
located at Delhi. The retirement of chairman & VC at 65 & others at 62. The decision
of CAT can be challenged in a high court.
Created on the recommendations of the Sarkaria commission although constitution
provided for it. Appointed by president. Advises on disputes between various states.
Comprises of PM & CMs of all states & UTs. PM can nominate 6 ministers of
cabinet rank. Meets atleast 3 times a year.
Set up under state reorganization act 1956. 5 before & 6th added in 1972 called NE
council. Consists of Union minister nominated by president, CM of each state in the
zone, two ministers from each state nominated by governor & one member per UT.
Union Home Minister heads the zonal council. The Chief Ministers of the member
states hold the post of Vice Chairman of the Council by rotation for 1 year.
Chairman & 8 members. Members appointed for a 6 year term or till they attain 65
years of age. President can issue orders for the removal of the members of the UPSC
only after supreme court makes such recommendation on the basis of an enquiry.
Members not eligible for employment by the government after retirement. The state
can restrict the fundamental rights of civil servants.
6 years or till the age of 65 years. The president can remove CAG only after
recommendation of the two houses of parliament. Salary of 30,000. He only conducts
audit. Submits report to President who in turn places it before parliament.
Qualification same as judge of supreme court. Appears before supreme court &
various high courts involving the Government of India.
Two commissioners with equivalent power. Period of 6 years. Job also includes
delimitation of constituency to ensure same number of people in each. The election
commission of India appoints the Returning officers for the state assembly elections
to help conduct fair elections. Election of local bodies comes under state election
commission. The state election commission is a single member commission
comprising SEC.
Qualified to be appointed as judges of the high court or special knowledge of finance
& accounts of government. Comprises chairman & four other members. Functions:recommend distribution of taxes between centre & states, grant-in-aid to states,
advice president on any matter.
Non-statutory body which formulates 5 year plans. The Commission works through
its various divisions, of which there are three kind: General Planning Divisions,
Special Planning Divisions, Programme Administration Divisions
Extra constitutional & extra legal body. Its recommendations are binding in nature as
per convention
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Minorities
commission
Panchayat

Seven members. The states of M.P, Orissa & Bihar are obliged to appoint a separate
minister the welfare of SC/ST/OBC.
Panchayat is responsible to gram sabha, the general body of villagers comprising all
adults. Members usually range from 5 to 31. Members have same requirements as
MLAs except lower age of 21. Can legislate on 29 subjects which are listed in XI
schedule
Genearlly comprises of the sarpanches of village panchayats under the block. Its
chairman called Pradhan is elected from among its members. Responsible to gram
panchayat as well as gram sabhas. Gets a share of cess of land revenue from the gram
panchayat & Zilla Parishad
Consists of representatives of panchayat samiti, local members of state legislature,
members of parliament, members representing SC/ST/Women/cooperative bodies.
Zilla parishad elects its chairman called Pradhan form amongst its members.
Depends entirely on state government for grants.

Panchayat
Samiti
Zila Parishad

Part I
Article 1
Article 2
Article 2a
Article 3
Article 4
Part II
Article 5
Article 6
Article 7

Indian Polity

Constitution of India (Upto Part IV)


The Union and its Territory
Name and territory of the Union
Admission or establishment of new States
[Repealed] Sikkim to be associated with the Union
Formation of new States and alteration of areas, boundaries or names of existing States
Laws made under articles 2 and 3 to provide for the amendment of the First and the
Fourth Schedule and supplemental, incidental and consequential matters
Citizenship
Citizenship at the commencement of the Constitution
Rights of citizenship of certain persons who have migrated to India from Pakistan
Rights of citizenship of certain migrants to Pakistan

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Article 8
Article 9
Article 10
Article 11
Part III
Article 12
Article 13
Article 14
Article 15

Article 16

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Rights of citizenship of certain persons of Indian origin residing outside India


Persons voluntarily acquiring citizenship of a foreign State not to be citizens
Continuance of the rights of citizenship
Parliament to regulate the right of citizenship by law
Fundamental Rights
Definition
Laws inconsistent with or in derogation of the fundamental rights
Equality before law meaning equality of treatment within a class
Prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth
(1) The State shall not discriminate against any citizen on grounds only of religion, race,
caste, sex, place of birth or any of them.
(2) No citizen shall, on ground only of religion, race, caste, sex, place of birth or any of
them, be subject to any disability, liability, restriction or condition with regard to (a) access to shops, public restaurants, hotels and places of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained
whole or partly out of State funds or dedicated to the use of general public.
(3) Nothing in this article shall prevent the State from making any special provision for
women and children.
(4) Nothing in this article or in clause (2) or article 29 shall prevent the State from
making any special provision for the advancement of any socially and educationally
backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
Equality of opportunity in matters of public employment
1) There shall be equality of opportunity for all citizens in matters relating to
employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth,
residence or any of them, be ineligible for, or discriminated against in respect of, any
employment or office under the State.
(3) Nothing in this article shall prevent Parliament from making any law prescribing, in
regard to a class or classes of employment or appointment to an office under the
Government of, or any local or other authority within, a State or Union territory, any
requirement as to residence within that State or Union territory prior to such
employment or appointment.
(4) Nothing in this article shall prevent the State from making any provision for the
reservation of appointments or posts in favour of any backward class of citizens which,
in the opinion of the State, is not adequately represented in the services under the State.
(4A) Nothing in this article shall prevent the State from making any provision for
reservation in matters of promotion to any class or classes of posts in the services under
the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the
opinion of the State, are not adequately represented in the services under the State.
(5) Nothing in this article shall affect the operation of any law which provides that the
incumbent of an office in connection with the affairs of any religious or denominational
institution or any member of the governing body thereof shall be a person professing a
particular religion or belonging to a particular denomination.

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Article 17
Article 18
Article 19

Article 20
Article 21
Article 21A
Article 22
Article 23
Article 24
Article 25
Article 26
Article 27
Article 28
Article 29
Article 30
Article 31
Article 31A
Article 31B
Article 31C
Article 31D
Article 32
Article 32A
Article 33
Article 34
Article 35
Part IV
Article 36
Article 37
Article 38
Article 39
Article 39A
Article 40
Article 41
Article 42
Article 43

Indian Polity

Abolition of Untouchability
Abolition of titles
Protection of certain rights regarding freedom of speech, etc.
a. Freedom of Speech & Expression
b. Assemble Peacefully & without arms
c. To form Associations & Unions.
d. To move freely throughout the territory of India
e. To reside & settle in any part of the territory in India
f. To practice any profession or to carry out an trade, occupation & business.
Protection in respect of conviction for offenses
Protection of life and personal liberty
Right to education.
Protection against arrest and detention in certain cases
Prohibition of traffic in human beings and forced labour
Prohibition of employment of children in factories, etc.
Freedom of conscience and free profession, practice and propagation of religion
Freedom to manage religious affairs
Freedom as to payment of taxes for promotion of any particular religion
Freedom as to attendance at religious instruction or religious worship in certain
educational institutions
Protection of interests of minorities
Right of minorities to establish and administer educational institutions
[Repealed] Compulsory acquisition of property
Saving of laws providing for acquisition of estates, etc.
Validation of certain Acts and Regulations
Saving of laws giving effect to certain directive principles
[Repealed] Saving of laws in respect of anti-national activities
Remedies for enforcement of rights conferred by this Part
[Repealed]
Power of Parliament to modify the rights conferred by this Part in their application to
Forces, etc.
Restriction on rights conferred by this Part while marital law is in force in any area
Legislation to give effect to the provisions of this Part
Directive Principles of State Policy
Definition
Application of the principles contained in this Part
State to secure a social order for the promotion of welfare of the people
Certain principles of policy to be followed by the State
A Equal justice and free legal aid
Organisation of village panchayats
Right to work, to education and to public assistance in certain cases
Provision for just and humane conditions of work and maternity relief
Living wage, etc., for workers

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Article 43A
Article 44
Article 45
Article 46

Participation of workers in management of industries


Uniform civil code for the citizen
Provision for free and compulsory education for children
Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes
and other weaker sections
Article 47
Duty of the State to raise the level of nutrition and the standard of living and to improve
public health
Article 48
Organisation of agriculture and animal husbandry
Article 48A Protection and improvement of environment and safeguarding of forests and wild life
Article 49
Protection of monuments and places and objects of national importance
Article 50
Separation of judiciary from executive
Article 51
Promotion of international peace and security
Article 51A Fundamental Duties
Art 39 (b) &
(c) of
Directive
Principles
have
primacy over
Fundamental
Rights.

Scope of
Article 331

Article 39 Certain principles of policy to be followed by the State


The State shall, in particular, direct its policy towards securing (a) that the citizen, men and women equally, have the right to an adequate means of
livelihood;
(b) that the ownership and control of the material resources of the community are so
distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the concentration of
wealth and means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women,
and the tender age of children are not abused and that citizens are not forced by economic
necessity to enter avocations unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy manner and
in conditions of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment.
Representation of the Anglo-Indian community in the House of the People
Notwithstanding anything in article 81, the President may, if he is of opinion that the
Anglo-Indian community is not adequately represented in the House of the People,
nominate not more than two members of that community to the House of the People.

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1.
2.

Business Advisory Committee


Committee on Private
Members Bills & Resolutions
3. Select Committees
4. Committee on Petitions
5. Rules Committee
6. Committee on Privileges
7. Committee on Subordinate
Legislations
8. Committee on Welfare of
Scheduled Castes & Scheduled
Tribes
9. Committee on Government
Assurances
10. Committee on Absence of
Members
11. Estimates Committee

12. Public Accounts Committee

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Parliamentary Committees
15 members. Speaker is chairman
15 members. Deputy Chairman is chairman. Classifies bills
according to importance.
Constituted for considering different bills.
15 members.
15 members. Speaker is head. Rules of House
15 members. Violation of Privileges of M.P
30 Members. 20 M.Ps & 10 R.S.
15 members. How far assurances given by the ministers have been
implemented
Examines leave applications of members
30 members all of which are from Lok Sabha. Examines Annual
Estimates & suggests alternative policies. A Minister is not
eligible for election to this Committee. The term of the Committee
is one year. The main function of the Committee on Estimates is to
report what economies, improvements in organisation, efficiency,
or administrative reform, consistent with the policy underlying the
estimates may be effected and to suggest alternative policies in
order to bring about efficiency and economy in administration.
From time to time the Committee selects such of the estimates
pertaining to a Ministry or a group of Ministries or the statutory
and other Government bodies as may seem fit to the Committee.
The Committee also examines matters of special interest which
may arise or come to light in the course of its work or which are
specifically referred to it by the House or the Speaker.
22 members. 15 M.Ps & 7 R.S. Assisted by Comptroller &
Auditor general. It acts as a watch dog of expenditure. This
committee is headed by the member of the opposition by
convention. A Minister is not eligible for election to this
Committee. The term of the Committee is one year.
The main duty of the Committee is to ascertain whether the money
granted by Parliament has been spent by Government "within the
scope of the Demand". The Appropriation Accounts of the
Government of India and the Audit Reports presented by the
Comptroller and Auditor General mainly form the basis for the
examination of the Committee. Cases involving losses, nugatory
expenditure and financial irregularities come in for severe
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criticism by the Committee. The Committee is not concerned with
questions of policy. It is concerned only with the execution of the
policy laid down by Parliament and its results.

13. Committee on Public


Undertakings

22 members. 10 M.Ps from Lok Sabha & 7 R.S. Examines


working of public undertakings. A Minister is not eligible for
election to this Committee. The term of the Committee is one year.
The functions of the Committee on Public Undertakings are(a)
to examine the reports and accounts of Public Undertakings; (b) to
examine the reports, if any, of the Comptroller and Auditor
General on the Public Undertakings; (c) to examine in the context
of the autonomy and efficiency of the Public Undertakings
whether the affairs of the Public Undertakings are being managed
in accordance with sound business principles and prudent
commercial practices; and (d) such other functions vested in the
Committee on Public Accounts and the Committee on Estimates in
relation to the Public Undertakings as are not covered by clauses
(a), (b) and (c) above and as may be allotted to the Committee by
the Speaker from time to time. The Committee does not, however,
examine matters of major Government policy and matters of dayto-day administration of the Undertakings.

14. Ethics Committee

15. Joint Committee on Salaries &


Allowances
16. Joint Committee on Offices of
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In 1997, the Ethics Committee of the Rajya Sabha was constituted.


The Ethics Committee of the Lok Sabha was constituted on 16
May 2000. The ethics committee of the Lok Sabha comprises 15
members.
The formation of the Ethics Committee in Rajya Sabha, as
one of the instruments to ensure value based politics may,
therefore, be seen a step in that direction.
Moral and ethical conduct of the Members
The Committee does not favour the idea of subjecting the
Members to the disciplinary authority of an agency outside
the jurisdiction of the House.
It is the considered view of the Committee that it should
be made compulsory for the Members to declare their assets
and liabilities and those of their immediate family which
includes spouse, dependent daughters and dependent sons
before the Committee
15 members. 10 nominated by speaker & 5 by the chairman of
Rajya Sabha.
15 members. 10 L.S & 5 R.S.
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Profit
17. Parliamentary Subject
Committees

Indian Polity

17 parliamentary committees were constituted. 11 by Speaker &


6 by chairman of Rajya Sabha

Lists
Defence, Foreign affaris, currency, banking, communication, inter-state
trade, commerce, atomic energy, railways, highways, aerodromes.
[Originally 97 items one deleted, 3 added]
State List (61)
Health, sanitation, public order, agriculture, prisons, local government,
liquor, transportation, relief of disabled, sales tax & octroi, taxes on
entertainment & wealth. [Originally 66 items out of which 5 transferred to
concurrent list].
Concurrent list (52) Criminal law, electricity, factories, forests, education, marriage & divorce,
drugs, newspapers, books & printing press, social insurance, trade unions,
preventive detention, stamp duties. [Originally 47 but 5 items transferred to
this list from state list]
Union List (99)

1.
2.
3.
4.
5.
6.
7.
8.
9.

Commissions/committees & their Purpose


S.K Dhar committee
Reorganization of states on linguistic basis
JVP committee
Jawahar, Vallabh, Pattabhi Sitaramayya (same as above)
Shah Commission
Punjab Reorganization Act
Tarkunde Committee
Electoral Reforms. Voting age to be reduced to 18 years (61st
amendment). Voter councils to be formed.
Dinesh Goswami
Electoral Reforms. To save the security candidates should secure
Committe
at least 1/4th of valid votes.
Balwant Rai Mehta
Recommendations approved by NDC. Rajasthan first adopted 3
tier structure, followed by Andhra Pradesh & Bihar.
Ashok Mehta Committee
Working of panchayati raj institutions.
L.M Singhvi Committee
Panchayati Raj Reforms.
Rajamannar Commission
Recommended abolition of IAS & the IPS

The Doctrine Of
Colourability,
Pith And Substance
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Select Political Doctrines & Principles


Idea that when the legislature wants to do something that it cannot do
within the constraints of the constitution, it colours the law with a
substitute purpose which will still allow it to accomplish its original goal.
Interpretation used to determine under which head of power a given piece
of legislation falls. The doctrine is primarily used when a law is
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Doctrine of Severability
Principle of Harmonious
Construction

State Election
Commission

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challenged on the basis that one level of government (be it provincial or


federal) has encroached upon the exclusive jurisdiction of another level of
government.
Associated with declaration of law as unconstitutional & void by the
courts.
Concerned with the relationship between the fundamental rights & the
directive principles.

Topics to be covered from here


The 73rd & 74th Amendment act provide for an EC for each state for holding elections to
the panchayats & municipalities. A SEC consists of a single member called State
Election Commissioner who is appointed by the governor. He is removed in manner, a
judge of HC is removed.

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Annexure - I
Other Articles of the Constitution
Part V
Chapter I
Article 52
Article 53
Article 54
Article 55
Article 56
Article 57
Article 58
Article 59
Article 60
Article 61
Article 62
Article 63
Article 64
Article 65
Article 66
Article 67
Article 68
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The Union
The Executive The President & the Vice President
The President of India
Executive power of the Union
Election of President
Manner of election of President
Term of office of President
Eligibility for re-election
Qualifications for election as President
Conditions of President's office
Oath or affirmation by the President
Procedure for impeachment of the President
Time of holding election to fill vacancy in the office of resident and the term of office
or person elected to fill casual vacancy
The Vice-President Of India
The Vice-President to be ex-officio Chairman of the Council of States
The Vice-President to act as President or to discharge his functions during casual
vacancies in the office, or during the absence, of President
Election of Vice-President
Term of office of Vice-President
Time of holding election to fill vacancy in the office of Vice-President and the term
30

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Article 69
Article 70
Article 71
Article 72
Article 73
Article 74
Article 75
Article 76
Article 77
Article 78
Article 79
Article 80
Article 81
Article 82
Article 83
Article 84
Article 85
Article 86
Article 87
Article 88
Article 89
Article 90
Article 91
Article 92
Article 93
Article 94
Article 95
Article 96
Article 97
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of office of person elected to fill casual vacancy
Oath or affirmation by the Vice-President
Discharge of President's functions in other contingencies
Matters relating to, or connected with, the election of a President or Vice-President
Power of President to grant pardons, etc., and to suspend, remit or commute sentences
in certain cases
Extent of executive power of the Union
Council of Ministers
Council of Ministers to aid and advise President
Other provisions as to Ministers
Attorney General of India
Attorney-General for India
Conduct of Government Business
Conduct of business of the Government of India
Duties of Prime Minister as respects the furnishing of information to the President,
etc.
Chapter II Parliament
Constitution of Parliament
Composition of the Council of States Composition of the House of the People
Readjustment after each census
Duration of Houses of Parliament
Qualification for membership of Parliament
Sessions of Parliament, prorogation and dissolution
Right of President to address and send messages to Houses
Special address by the President
Rights of Ministers and Attorney-General as respects Houses
Officers of the Paliament
The Chairman and Deputy Chairman of the Council of States
Vacation and resignation of, and removal from, the office of Deputy Chairman
Power of the Deputy Chairman or other person to perform the duties of the office of,
or to act as, Chairman
The Chairman or the Deputy Chairman not to preside while a resolution for his
removal from office is under consideration
The Speaker and Deputy Speaker of the House of the People
Vacation and resignation of, and removal from, the offices of Speaker and Deputy
Speaker
Power of the Deputy Speaker or other person to perform the duties of the office of, or
to act as Speaker
The Speaker or the Deputy Speaker not to preside while a resolution for his removal
from office is under consideration
Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and
Deputy Speaker
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Article 98
Article 99
Article 100
Article 101
Article 102
Article 103
Article 104
Article 105
Article 106
Article 107
Article 108
Article 109
Article 110
Article 111
Article 112
Article 113

Article 114
Article 115
Article 116
Article 117
Article 118
Article 119
Article 120
Article 121
Article 122
Chapter III
Article 123
Chapter IV
Article 124
Article 125
Article 126
Article 127
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Secretariat of Parliament
Conduct of Business
Oath or affirmation by members
Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
Disqualification of Members
Vacation of seats
Disqualifications for membership
Decision on questions as to disqualifications of members
Penalty for sitting and voting before making oath or affirmation under article 99 or
when not qualified or when disqualified
Powers, Privileges & Immunities of Parliament & its Members
Powers, Privileges, etc., of the Houses of Parliament and of the members and
committees thereof
Salaries and allowances of members
Legislative Procedure
Provisions as to introduction and passing of Bills
Joint sitting of both Houses in certain cases
Special procedure in respect of Money Bills
Definition of "Money Bills"
Assent to Bills
Procedure in Financial Matters
Annual financial statement
Procedure in Parliament with respect to estimates (1) So much of the estimates as
relates to expenditure charged upon the Consolidated Fund of India shall not be
submitted to the vote of Parliament, but nothing in this clause shall be construed as
preventing the discussion in either House of Parliament of any of those estimates.
Appropriation Bills
Supplementary, additional or excess grants
Votes on account, votes of credit and exceptional grants
Special provisions as to financial Bills
Rules of procedure
Procedure Generally
Regulation by law of procedure in Parliament in relation to financial business
Language to be used in Parliament
Restriction on discussion in Parliament
Courts not inquire into proceedings of Parliament
Legislative Powers of the President
Power of President to promulgate Ordinances during recess of Parliament
The Union Judiciary
Establishment and Constitution of Supreme Court
Salaries, etc., of Judges
Appointment of acting Chief Justice
Appointment of ad hoc Judges
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Article 128
Article 129
Article 130
Article 131
Article 131A
Article 132
Article 133
Article 134
Article 134A
Article 135
Article 136
Article 137
Article 138
Article 139
Article 139A
Article 140
Article 141
Article 142
Article 143
Article 144
Article 144A
Article 145
Article 146A
Article 147
Chapter V
Article 148
Article 149
Article 150
Article 151
Part VI
Chapter I
Article 152
Chapter II
Article 153
Article 154
Article 155
Article 156
Article 157
Article 158
Article 159
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Attendance of retired Judges at sittings of the Supreme Court
Supreme Court to be a court of record
Seat of Supreme Court
Original jurisdiction of the Supreme Court
[Repealed] Executive jurisdiction of the Supreme Court in regard to questions as to
constitutional validity of Central laws
Appellate jurisdiction of Supreme Court in appeals from High Court in certain cases
Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to
civil matters
Appellate jurisdiction of Supreme Court in regard to criminal matters
Certificate for appeal to the Supreme Court
Jurisdiction and powers of the Federal Court under existing law to be exercisable by
the Supreme Court
Special leave to appeal by the Supreme Court
Review of judgements or orders by the Supreme Court
Enlargement of the jurisdiction of the Supreme Court
Conferment on the Supreme Court of powers to issue certain writs
Transfer of certain cases
Ancillary powers of Supreme Court
Law declared by Supreme Court to be binding on all courts
Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
Power of President to consult Supreme Court
Civil and judicial authorities to act in aid of the Supreme Court
[Repealed]
Rules of Court, etc.
Officers and servants and the expenses of the Supreme Court
Interpretation
Comptroller and Auditor-General of India
Comptroller and Auditor-General of India
Duties and powers of the Comptroller and Auditor-General
Form of accounts of the Union and of the States
Audit reports
The States
General
Definition
The Executive The Governor
Governors of States
Executive power of State
Appointment of Governor
Term of office of Governor
Qualifications for appointment as Governor
Conditions of Governor's office
Oath or affirmation by the Governor
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Article 160
Article 161
Article 162
Article 163
Article 164
Article 165
Article 166
Article 167
Chapter III
Article 168
Article 169
Article 170
Article 171
Article 172
Article 173
Article 174
Article 175
Article 176
Article 177
Article 178
Article 179
Article 180
Article 181
Article 182
Article 183
Article 184
Article 185
Article 186
Article 187
Article 188
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Discharge of the functions of the Governor in certain contingencies
Power of Governor to grant pardons, etc., and to suspend, remit or commute
sentences in certain cases
Extent of executive power of State
Council of Ministers
Council of Ministers to aid and advise Governor
Other provisions as to Ministers
Advocate General of the State
Advocate-General for the State
Conduct of Government Business
Conduct of business of the Government of a State
Duties of Chief Minister as respects the furnishing of information to Governor, etc.
The State Legislature
Constitution of Legislatures in States
Abolition or creation of Legislative Councils in States
Composition of the Legislative Assemblies
Composition of the Legislative Council
Duration of States Legislatures
Qualification for membership of the State Legislature
Sessions of the State Legislature, prorogation and dissolution
Right of Governor to address and send messages to the House or Houses
Special address by the Governor
Rights of Ministers and Advocate
Officers of the State Legislature
The Speaker and Deputy Speaker of the Legislative Assembly
Vacation and resignation of, and removal from, the offices of Speaker and Deputy
Speaker
Power of the Deputy Speaker or other person to perform the duties of the office of, or
to act as, Speaker
The Speaker or the Deputy Speaker not to preside while a resolution for his removal
from office is under consideration
The Chairman and Deputy Chairman of the Legislative Council
Vacation and resignation, of and removal from, the offices of Chairman and Deputy
Chairman
Power of the Deputy Chairman or other person to perform the duties of the office of,
or to act as, Chairman
The Chairman or the Deputy Chairman not to preside while a resolution for his
removal from office is under consideration
Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and
Deputy Chairman
Secretariat of State Legislature
Oath or affirmation by members
Conduct of Business
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Article 189
Article 190

Voting in Houses, power of Houses to act notwithstanding vacancies and quorum


Vacation of seats
Disqualification of Members
Article 191
Disqualification for membership
Article 192
Decision on question as to disqualifications of members
Article 193
Penalty for sitting and voting before making oath or affirmation under article 188 or
when not qualified or when disqualified
Power, Privileges & Immunities of State Legislatures & their Members
Article 194
Powers, privileges, etc., of the Houses of Legislatures and of the members and
committees thereof
Article 195
Salaries and allowances of members
Legislative Procedure
Article 196
Provisions as to introduction and passing of Bills
Article 197
Restriction on powers of Legislative Council as to Bills other than Money Bills
Article 198
Special procedure in respect of Money Bills
Article 199
Definition of "Money Bills"
Article 200
Assent to Bills
Bills reserved for consideration
Article 201
Procedure in Financial Matters
Article 202
Annual financial statement
Article 203
Procedure in Legislature with respect to estimates
Article 204
Appropriation Bills
Article 205
Supplementary, additional or excess grants
Article 206
Votes on account, votes of credit and exceptional grants
Article 207
Special provisions as to financial Bills
Procedure Generally
Article 208
Rules of procedure
Article 209
Regulation by law of procedure in the Legislature of the State in relation to financial
business
Article 210
Language to be used in the Legislature
Article 211
Restriction on discussion in the Legislature
Article 212
Courts not to inquire into proceedings of the Legislature
Chapter IV
Legislative Power of the Governor
Article 213
Power of Governor to promulgate Ordinances during recess of Legislature
Chapter V
The High Courts in the States
Article 214
High Courts for States
Article 215
High Courts to be courts of record
Article 216
Constitution of High Courts
Article 217
Appointment and conditions of the office of a Judge of a High Court
Article 218
Application of certain provisions relating to Supreme Court to High Courts
Article 219
Oath or affirmation by Judges of High Courts
Article 220
Restriction on practice after being a permanent Judge
Article 221
Salaries, etc., of Judges
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35

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Article 222
Article 223
Article 224
Article 224A
Article 225
Article 226
Article 226A
Article 227
Article 228
Article 228A
Article 229
Article 230
Article 231
Chapter VI
Article 233
Article 233A
Article 234
Article 235
Article 236
Article 237
Part VII
Part VIII
Article 239
Article 239A
Article 239AA
Article 239AB
Article 239B
Article 240
Article 241
Article 242
Part IX
Article 243
Article 243A
Article 243B
Article 243C
Article 243D
Article 243E
Article 243F
Article 243G
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Transfer of a Judge from one High Court to another
Appointment of acting Chief Justice
Appointment of additional and acting Judges
Appointment of retired Judges at sittings of High Courts
Jurisdiction of existing High Courts
Power of High Courts to issue certain writs
[Repealed] Constitutional validity of Central laws not to be considered in
proceedings under article 226
Power of superintendence over all courts by the High Court
Transfer of certain cases to High Court
[Repealed] Special provisions as to disposal of questions relating to constitutional
validity of State laws
Officers and servants and the expenses of High Courts
Extension of jurisdiction of High Courts to Union territories
Establishment of a common High Court for two or more States
Subordinate Courts
Appointment of district judges
Validation of appointments of, and judgments, etc. delivered by, certain district
judges
Recruitment of persons other than district judges to the judicial service
Control over subordinate courts
Interpretation
Application of the provisions of this Chapter to certain class or classes of magistrates
[Repealed] The States in Part B of the First Schedule
The Union Territories
Administration of Union territories
Creation of local Legislatures or Council of Ministers or both for certain Union
territories
Special provisions with respect to Delhi
Provision in case of failure of constitutional monarchy
Power of administrator to promulgate Ordinances during recess of Legislature
Power of President to make regulations for certain Union territories
High Courts for Union territories
[Repealed]
The Panchayats
Definitions
Gram Sabha
Constitution of Panchayats
Composition of Panchayats
Reservation of seats
Duration of Panchayats, etc.
Disqualifications for membership
Powers, authority and responsibilities of Panchayats
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Article 243H
Article 243I
Article 243J
Article 243K
Article 243L
Article 243M
Article 243N
Article 243O
Part IXA
Article 243P
Article 243Q
Article 243R
Article 243S
Article 243T
Article 243U
Article 243V
Article 243W
Article 243X
Article 243Y
Article 243Z
Article 243ZA
Article 243ZB
Article 243ZC
Article 243ZD
Article 243ZE
Article 243ZF
Article 243ZG
Part X
Article 244
Article 244A
Part XI
Chapter I
Article 245
Article 246
Article 247
Article 248
Article 249
Article 250
Article 251
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Powers to impose taxes by, and Funds of, the Panchayats
Constitution of Finance Commission to review financial position
Audit of accounts of Panchayats
Elections to the Panchayats
Application to Union territories
Part not to apply to certain areas
Continuance of existing laws and Panchayats
Bar to interference by courts in electoral matters
The Municipalities
Definitions
Constitution of Municipalities
Composition of Municipalities
Constitution and composition of Wards Committees, etc.
Reservation of seats
Duration of Municipalities, etc.
Disqualifications for membership
Powers, authority and responsibilities of Municipalities etc.
Power to impose taxes by, and Funds of, the Municipalities
Finance Commission
Audit of accounts of Municipalities
Elections to the Municipalities
Application to Union territories
Part not to apply to certain areas
Committee for district planning
Committee for Metropolitan planning
Continuance of existing laws and Municipalities
Bar to interference by Courts in electoral matters
The Scheduled and Tribal Areas
Administration of Scheduled Areas and Tribal Areas
Formation of an autonomous State comprising certain tribal areas in Assam and
creation of local Legislature or Council of Ministers or both therefor
Relations Between the Union and the States
Legislative Relations
Extent of laws made by Parliament and by the Legislatures of States
Subject-matter of laws made by Parliament and by the Legislatures of States
Power of Parliament to provide for the establishment of certain additional courts
Residuary powers of legislation
Power of Parliament to legislate with respect to a matter in the State List in the
National interest
Power of Parliament to legislate with respect to any matter in the State List if a
Proclamation of Emergency is in operation
Inconsistency between laws made by Parliament under articles 249 and 250 and laws
made by the legislatures of States
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Article 252
Article 253
Article 254
Article 255
Chapter II
Article 256
Article 257
Article 257A
Article 258
Article 258A
Article 259
Article 260
Article 261
Article 262
Article 263
Part XII
Chapter I
Article 264
Article 265
Article 266
Article 267
Article 268
Article 269
Article 270
Article 271
Article 272
Article 273
Article 274
Article 275
Article 276
Article 277
Article 278
Article 279
Article 280
Article 281
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Power of Parliament to legislate for two or more States by consent and adoption of
such legislation by any other State
Legislation for giving effect to international agreements
Inconsistency between laws made by Parliament and laws made by the Legislatures
of States
Requirements as to recommendations and previous sanctions to be regarded as
matters of procedure only
Administrative Relations
Obligation of States and the Union
Control of the Union over States in certain cases
Assistance to States by deployment of armed forces or other forces of the Union
Power of the Union to confer powers, etc., on States in certain cases
Power of the States to entrust functions to the Union
[Repealed] Armed Forces in States in Part B of the First Schedule
Jurisdiction of the Union in relation to territories outside India
Public acts, records and judicial proceedings
Disputes relating to Waters
Adjudication of disputes relating to waters of inter-State rivers or river valleys
Co-ordination between States
Provisions with respect to an inter-State Council
Finance, Property, Contracts and Suits
Finance
Interpretation
Taxes not to be imposed save by authority of law
Consolidated Funds and public accounts of India and of the States
Contingency Fund
Duties levied by the Union but collected and appropriated by the States
Taxes levied and collected by the Union but assigned to the States
Taxes levied and collected by the Union and distributed between the Union and the
States
Surcharge on certain duties and taxes for purposes of the Union
[Omitted]
Grants in lieu of export duty on jute and jute products
Prior recommendation of President require to Bills affecting taxation in which States
are interested
Grants from the Union to certain States
Taxes on professions, trades, callings and employments
Savings
[Repealed] Agreement with States in Part B of the First Schedule with regard to
certain financial matters
Calculation of "net proceeds", etc.
Finance Commission
Recommendations of the Finance Commission
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Article 282
Article 283
Article 284
Article 285
Article 286
Article 287
Article 288
Article 289
Article 290
Article 290A
Article 291
Chapter II
Article 292
Article 293
Chapter III
Article 294
Article 295
Article 296
Article 297
Article 298
Article 299
Article 300
Chapter IV
Article 300A
Part XIII
Article 301
Article 302
Article 303
Article 304
Article 305
Article 306
Article 307
Part XIV
Chapter I
Article 308
Article 309
Article 310
Article 311
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Miscellaneous Financial Provisions
Expenditure defrayable by the Union or a State out of its revenues
Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the
public accounts
Custody of suitors' deposits and other moneys received by public servants and courts
Exemption of property of the Union from State taxation
Restriction as to imposition of tax on the sale or purchase of goods
Exemption from taxes on electricity
Exemption from taxation by States in respect of water or electricity in certain cases
Exemption of property and income of a State from Union taxation
Adjustment in respect of certain expenses and pensions
Annual payment to certain Devaswom Funds
[Repealed]
Borrowing
Borrowing by the Government of India
Borrowing by States
Property, Contacts, Rights, Liabilities, Obligations and Suits
Succession to property, assets, rights, liabilities and obligations in certain cases
Succession to property, assets, rights, liabilities and obligations in other cases
Property accruing by escheat or lapse or as Bona vacantia
Things of value within territorial waters or continental shelf and resources of the
exclusive economic zone to vest in the Union
Power to carry on trade, etc.
Contracts
Suits and proceedings
Right to Property
Persons not to be deprived of property save by authority of law
Trade, Commerce and Intercourse Within the Territory of India
Freedom of trade, commerce and intercourse
Power of Parliament to impose restrictions on trade, commerce and intercourse
Restrictions on the legislative powers of the Union and of the States with regard to
trade and commerce
Restriction on trade, commerce and intercourse among States
Saving of existing laws and laws providing for State monopolies
[Repealed]
Appointment of authority for carrying out the purposes of articles 301 to 304
Services Under the Union and the States
Services
Interpretation
Recruitment and conditions of service of persons serving the Union or a State
Tenure of office of persons serving the Union or a State
Dismissal, removal or reduction in rank of persons employed in civil capacities under
the Union or a State
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Article 312
Article 312A

Indian Polity

All-India services
Power of Parliament to vary or revoke conditions of service of officers of certain
services
Article 313
Transitional provisions
Article 314
[Repealed]
Chapter II
Public Service Commissions
Article 315
Public Service Commissions for the Union and for the States
Article 316
Appointment and term of office of members
Article 317
Removal and suspension of a member of a Public Service Commission
Article 318
Power to make regulations as to conditions of service of members and staff of the
Commission
Article 319
Prohibition as to the holding of offices by members of Commission on ceasing to be
such members
Article 320
Functions of Public Service Commissions
Article 321
Power to extend functions of Public Service Commissions
Article 322
Expenses of Public Service Commissions
Article 323
Reports of Public Service Commissions
Part XIVA
Tribunals
Article 323A
Administrative tribunals
Article 323B
Tribunals for other matters
Part XV
Elections
Article 324
Superintendence, direction and control of elections to be vested in an election
commission
Article 325
No person to be ineligible for inclusion in, or to claim to be included in a special,
electoral roll on grounds of religion, race, caste or sex
Article 326
Elections to the House of the People and to the Legislative Assemblies of States to be
on the basis of adult suffrage
Article 327
Power of Parliament to make provision with respect to elections to Legislatures
Article 328
Power of Legislature of a State to make provision with respect to elections to such
Legislature
Article 329
Bar to interference by courts in electoral matters
Article 329A
[Repealed
Part XVI
Special Provisions Relating to Certain Classes
Article 330
Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the
People
Representation of the Anglo-Indian community in the House of the People
Article 331
Notwithstanding anything in article 81, the President may, if he is of opinion that the
Anglo-Indian community is not adequately represented in the House of the People,
nominate not more than two members of that community to the House of the People.
Article 332
Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative
Assemblies of the States
Article 333
Representation of the Anglo-Indian community in the Legislative Assemblies of the
States
Article 334
Reservation of seats and special representation to cease after fifty years
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Indian Polity

Ghanshyam Thori
Article 335
Article 336
Article 337
Article 338
Article 338A
Article 339
Article 340
Article 341
Article 342
Part XVII
Chapter I
Article 343
Article 344
Chapter II
Article 345
Article 346
Article 347
Chapter III
Article 348
Article 349
Chapter IV
Article 350
Article 350A
Article 350B
Article 351
Part XVIII
Article 352
Article 353
Article 354
Article 355
Article 356
Article 357
Article 358
Article 359
Article 359A
Article 360
Ghanshyam Thori

Indian Polity
Claims of Scheduled Castes and Scheduled Tribes to services and posts
Special provision for Anglo-Indian community in certain services
Special provision with respect to educational grants for the benefit of Anglo-Indian
community
National Commission for Scheduled Castes,
National Commission for Scheduled Tribes
Control of the Union over the administration of Scheduled Areas and the welfare of
Scheduled Tribes
Appointment of a Commission to investigate the conditions of backward classes
Scheduled Castes
Scheduled Tribes
Official Language
Language of the Union
Official language of the Union
Commission and Committee of Parliament on official language
Regional Languages
Official language or languages of a State
Official language for communication between one State and another or between a
State and the Union
Special provision relating to language spoken by a section of the population of a
State
Language of the Supreme Court, High Courts, etc.
Language to be used in the Supreme Court and in the High Courts and for Acts,
Bills, etc.
Special procedure for enactment of certain laws relating to language
Special Directives
Language to be used in representations for redress of grievances
Facilities for instruction in mother-tongue at primary stage
Special Officer for linguistic minorities
Directive for development of the Hindi language
Emergency Provisions
Proclamation of National Emergency
Effect of Proclamation of Emergency
Application of provisions relating to distribution of revenues while a Proclamation of
Emergency is in operation
Duty of the Union to protect States against external aggression and internal
disturbance
Provisions in case of failure of constitutional machinery in States
Exercise of legislative powers under Proclamation issued under article 356
Suspension of provisions of article 19 during emergencies
Suspension of the enforcement of the rights conferred by Part III during emergencies
[Repealed] Application of this Part to the State of Punjab
Provisions as to financial emergency
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Part XIX
Article 361
Article 361A
Article 362
Article 363
Article 363A
Article 364
Article 365
Article 366
Article 367
Part XX
Article 368
Part XXI
Article 369
Article 370
Article 371
Article 371A
Article 371B
Article 371C
Article 371D
Article 371E
Article 371F
Article 371G
Article 371H
Article 371I
Article 372
Article 372A
Article 373
Article 374
Article 375
Article 376
Article 377
Article 378
Article 378A
Article 379
Article 392
Part XXII
Ghanshyam Thori

Indian Polity
Micsellaneous
Protection of President and Governors and Rajpramukhs
Protection of publication of proceedings of Parliament and State Legislatures
[Repealed] Rights and privileges of Rulers of Indian States
Bar to interference by courts in disputes arising out of certain treaties, agreements,
etc.
Recognition granted to Rulers of Indian States to cease and Privy purses to be
abolished
Special provisions as to major ports and aerodromes
Effect of failure to comply with, or to give effect to, directions given by the Union
Definitions
Interpretation
Amendment of the Constitution
Power of Parliament to amend the Constitution and procedure therefor
Temporary, Transitional and Special Provisions
Temporary power to Parliament to make laws with respect to certain matters in the
State List as if they were matters in the Concurrent List
Temporary provisions with respect to the State of Jammu and Kashmir
Special provision with respect to the States of Maharashtra and Gujarat
Special provision with respect to the State of Nagaland
Special provision with respect to the State of Assam
Special provision with respect to the State of Manipur
Special provisions with respect to the State of Andhra Pradesh
Establishment of Central University in Andhra Pradesh
Special provisions with respect to the State of Sikkim
Special provision with respect to the State of Mizoram
Special provision with respect to the State of Arunachal Pradesh
Special provision with respect to the State of Goa
Continuance in force of existing laws and their adaptation
Power of the President to adapt laws
Power of President to make order in respect of persons under preventive detention in
certain cases
Provisions as to Judges of the Federal Court and proceedings pending in the Federal
Court or before His Majesty in Council
Courts, authorities and officers to continue to function subject to the provisions of the
Constitution
Provisions as to Judges of High Courts
Provisions as to Comptroller and Auditor-General of India
Provisions as to Public Commissions
Special provisions as to duration of Andhra Pradesh Legislative Assembly
[Article 379-391 Repealed]
Power of the President to remove difficulties
Short Title, Commencement, Authoritative Text in Hindu and Repeals
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Ghanshyam Thori
Article 393
Article 394
Article 394A
Article 395

Ghanshyam Thori

Indian Polity
Short title
Commencement
Authoritative text in the Hindi language
Repeals

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