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Topic List
Chapter: Introduction………………………………………………………………………………………………………………………..………………………………….….4
Lecture 01: Introduction to Polity and Lexicon ............................................................................................................ 5
Lecture 02: Separation of Powers............................................................................................................................... 8
Lecture 03: Separation of Powers || Constitutional Schemes, and Salient Features (Part 02) ..................................... 11
Lecture 04: State Nation and Nation-State............................................................................................................... 14
Lecture 05: Making of the Indian Constitution, Salient Features and Preamble .......................................................... 18
Lecture 06: Preamble and Fundamental Rights ......................................................................................................... 21
Chapter 01: Preamble…..……………………………………………………………………………………………………………………..…………………………….……24
Lecture 01: Preamble Keyword Socialist .................................................................................................................... 25
Lecture 02: Secularism and Fundamental Rights...................................................................................................... 27
Lecture 03: Liberty and Rights..................................................................................................................................30
Chapter 02: Fundamental Rights….…………………………………………………………………………………………………..…………………………….……35
Lecture 01: Articles 13, Basic Structure Doctrine, Article 14 ....................................................................................... 36
Lecture 02: Article 13, Basic Structure Doctrine ........................................................................................................ 38
Lecture 03: Article 14, 15.......................................................................................................................................... 39
Lecture 04: Article 15 and 16.................................................................................................................................... 43
Lecture 05: Article 16 and Reservation ..................................................................................................................... 48
Lecture 06: OBC Reservation, Creamy Layer.............................................................................................................. 51
Lecture 07: Article 17-19........................................................................................................................................... 54
Lecture 08: Article 19............................................................................................................................................... 57
Lecture 09: Article 19 (Part 02) ............................................................................................................................... 59
Lecture 10: Article 19 and 20 ..................................................................................................................................... 61
Lecture 11: Articles 19 and 20 (Part 02) ................................................................................................................... 63
Lecture 12: Article 21 ............................................................................................................................................... 65
Lecture 13: Article 21 (Part 02) ............................................................................................................................... 66
Lecture 14: Article 22-25 ........................................................................................................................................ 68
Lecture 15: Article 23-26 ......................................................................................................................................... 70
Lecture 16: Article 28-30......................................................................................................................................... 74
Lecture 17: Article 31-35 ........................................................................................................................................... 77
Chapter 03: DPSP…………………………..…………………………………………………………………………………………………..…………………………….……..81
Lecture 01: DPSP ...................................................................................................................................................... 82
Lecture 02: DPSP (Part 02) ..................................................................................................................................... 87
Chapter 04: Union Executive.………………….………………………………………………………………………………………..…………………………….……..89
Lecture 1: Union Executive (Part 01)..........................................................................................................................90
Lecture 02: President and Vice-President ................................................................................................................. 93
Lecture 03: President and Vice President (Part 02) .................................................................................................. 96
Lecture 04: Ordinance Powers ..................................................................................................................................100
Lecture 05: Pardoning Power................................................................................................................................... 103

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Lecture 06: COM, Prime Minister ..............................................................................................................................107
Lecture 07: Attorney General, Advocate General ...................................................................................................... 109
Lecture 8: State Executives, Parliament...................................................................................................................112
Chapter 05: Legislature………………………….………………………………………………………………………………………..…………………………….………114
Lecture 01: State Executives, Parliament (Part 02) ..................................................................................................115
Lecture 02: Speaker, Deputy Speaker ....................................................................................................................... 117
Lecture 03: Office of Profit and Anti-Defection........................................................................................................ 119
Lecture 04: Functions of Speaker .............................................................................................................................121
Lecture 05: Parliamentary Privileges ....................................................................................................................... 123
Lecture 06: Budget .................................................................................................................................................128
Lecture 07: President Veto and Budget ..................................................................................................................... 131
Lecture 08: Assent of President .............................................................................................................................. 135
Lecture 09: Budget and Financial Bill...................................................................................................................... 139
Lecture 10: Committee ............................................................................................................................................145
Lecture 11: Bills in State legislature ......................................................................................................................... 150
Chapter 06: Judiciary…………………………….………………………………………………………………………………………..…………………………….…..…156
Lecture 01: Supreme Court (Part 01)........................................................................................................................ 157
Lecture 02: Supreme Court (Part 02)...................................................................................................................... 160
Lecture 03: High Court............................................................................................................................................ 166
Lecture 04: Tribunals and ADR................................................................................................................................ 169
Chapter 07: Federalism………………………….………………………………………………………………………………………..…………………………….…..…176
Lecture 01: Federalism .............................................................................................................................................177
Lecture 02: Centre State Relations..........................................................................................................................184
Lecture 03: Emergency Provisions ........................................................................................................................... 190
Chapter 08: Local Bodies……………………….………………………………………………………………………………………..…………………………….…….194
Lecture 01: Panchayat/Municipality ........................................................................................................................ 195
Chapter 09: Miscellaneous Topics…….……………………………………………………………………………………………..…………………………….…….203
Lecture 01: Miscellaneous Topics ............................................................................................................................ 204
Lecture 02: Elections ............................................................................................................................................. 209
Lecture 03: Comparison of the Constitutions, Historical Background & PYQ Discussion ...........................................225

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Chapter - 01
Introduction

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Lecture 01: Introduction to Polity and Lexicon
Difference between Polity and Politics:
● Polity: It is an organizational structure of the government of the state.
● Politics: (Countable): The methods, practices, and activities associated with running a government, organization,
or movement.
The Constitution?
● What is a constitution?
● Why Do We Need a Constitution?
● What are its functions?
● What role does it perform for a society?
● How does a constitution relate to our daily existence?
A constitution is the set of rules and regulations, which have been written to ensure effective functions of society.
What is the Indian Constitution?
● The Indian Constitution is the supreme law of the land, serving as the highest legal authority in India.
● It provides a framework for the functioning of the government and outlines its powers, responsibilities, and
limitations.
● It acts as a comprehensive document ensuring rules, regulations, and principles that govern the country.
Functions (NCERT):
● Provides a basic set of rules to allow coordination within society.
● Ensures the fundamental principles of governance
● Imposes limits on the power of the government.
● Enables the government to fulfill the aspirations of society and create conditions for a just society

Note:
Can private institutions have constitutions? Yes.

Why is the Constitution needed?

● The Constitution is essential as it ensures the rights and duties of citizens, providing a framework for their protection
and responsibilities.
● It establishes the structure of the government, defining the roles and functions of the executive, legislature, and
judiciary.
● It outlines the principles of governance, serving as a guide for the functioning and administration of the country.
How the Constitution Evolved?
● It evolved through the concept of social contract in which the agreement between the community or society has
been done to ensure each other's safety.

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Features of Constitution:
● A living Document: Indian constitution is a living document which changes with time, this concept ensures that
needs of society are incorporated
● Constitutionalism: The term denotes the philosophy underpinning a constitution, which ensures the government
doesn't become tyrant, a limited government, and implements rule of law. The term constitutionalism ensures
limited government and supremacy of the government
● Despotism: This term is the opposite of constitutionalism. It refers to a form of government characterized by
absolute power, dictatorship and enforces rule by men. In such a system, the government often violates the rights
and freedoms of its citizens.
Rule of Law and Rule by Law:
● Rule of Law: The term rule of law ensures that the law of the land is supreme—lex is rex (the law is king). This
concept was implemented by A.V. Dicey to counter the problem of rule by law.
● Rule by Law: The term rule of law ensures that the law is Rex is Lex i.e king is law. In contrast, lex in this context
refers to a despotic system where the law serves only the interests of those in power, rather than promoting justice
and the common good.

Rule of Law in India:

The Indian Constitution embodies the concept of the rule of law. Article 13, Article 14 and Article 21 denotes Rule of law
in india
● Article 13: This article ensures that Parliament does not have unlimited power to amend the Constitution in a way
that would abrogate fundamental rights.
● Article 14: This article ensures equality before the law
● Article 21: This article ensures procedure established by the law has to be followed.
● Further, the ideas of writs (order of court) ensure independent judiciary

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Exceptions to Rule of Law:
● Equality is not an absolute concept in India because Under Article 14, the concept of "equal protection of the law"
implies that similar cases should be treated similarly, rather than requiring identical treatment for everyone. For
example, affirmative action and reservations are implemented to address historical disadvantages.

● Articles 15 and 16 tries to ensure protection of the backward class.

● Article 105 (for Members of Parliament) and Article 194 (for Members of Legislative Assemblies) grant certain
privileges to MPs and MLAs.
● Article 361 provides criminal immunity to the President and the Governor, offering protection from legal
proceedings in criminal matters.
● Diplomatic immunity through vienna convention to the diplomats/ ambassadors.

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Lecture 02: Separation of Powers
What is Rule by Law?
● This concept highlights that the king is the law. It is against the democratic system because it makes the king
supreme.

Separation of Powers:
● Montesquieu proposed the separation of powers in The
Spirit of Laws (1748) to prevent tyranny and protect
liberty by dividing government authority into three
branches—legislative, executive, and judicial—
ensuring mutual checks and balances.
● According to Montesquieu, the idea of separation of
powers will ensure that branches of government will
be able to function efficiently and it will also avoid
abuse and concentration of power.
● To avoid this problem, separation of power was
introduced.
Advantages of Separation of Powers:
● Ensures Civil Liberties: Prevents concentration of power, safeguarding individual freedoms.
● Promotes efficiency in the system: Promotes efficiency by allowing each branch to focus on its specialized
functions without overlap.
● Ensures specialization: Divides responsibilities among branches, enabling expertise and effective governance.
● Promotes democracy: Encourages accountability, transparency, and representation within the system.
Status in the Indian Constitution
The Indian Constitution does not explicitly mention the doctrine of separation of powers but follows its essence through a
functional division.
● Article 50 directs the State to separate the judiciary from the executive to ensure judicial independence.
● Article 121 prohibits parliamentary discussion on the conduct of judges in the discharge of their duties, except
during impeachment.
● Article 122 bars judicial review of parliamentary proceedings on grounds of procedural irregularity.
● Separate functions for executives ( Article 52-78): These outline the executive’s functions, detailing the roles of
the President, Vice President, Council of Ministers, and the Attorney General of India.
● Separate functions for Parliament (Article 79-122): These articles define Parliament’s structure and functions,
covering the roles of the President, Lok Sabha, and Rajya Sabha in lawmaking and legislative procedures.
● Independent judiciary: The Indian Constitution ensures an independent judiciary (Articles 124-147) by providing
security of tenure, fixed salaries, and separation from the executive and legislature.
*Article 361 grants the President and Governors immunity from legal action for actions taken in their official
capacity, protecting them from lawsuits or prosecution.

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Separation of Powers under Different Constitutions:
American Constitution:
● Initially focused on the separation of powers, but over time, it evolved into a system of checks and balances, where
each branch (executive, legislative, and judicial) has the authority to limit the powers of the others, ensuring no
single branch becomes too powerful.
● The U.S. has the strictest separation of powers. Whereas, on the other hand, the U.S. system depicts the concept
of checks and balances.
○ For example, the judiciary is appointed by the President, Congress can override the laws of the President
and the judiciary can check the laws of Congress.

U.S. Government Structure:

● Legislature (Congress):
○ Bicameral:
■ Senate: 100 members (2 from each state).
■ House of Representatives: 435 members (based on state population).
● Judiciary:
○ Supreme Court: 9 Justices, including the Chief Justice.
○ Lower courts: Federal appellate and district courts.
● Executive: President, Vice President, and Cabinet members.

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U.K. Constitution:
● Separation of Powers in the UK:
○ Legislature (Parliament): Comprises the Monarch, House of Commons, and House of Lords; holds
supreme legislative authority.
○ Executive: Includes the Prime Minister,
Cabinet, and civil servants; accountable
to Parliament.
○ Judiciary: Independent since the
Constitutional Reform Act 2005, with
the Supreme Court established in 2009
to separate judicial authority from the
House of Lords.
■ Overlap: Significant overlap
exists, especially between the
executive and legislature, as
ministers are part of both.
● Though the U.K. does not have a written
constitution, they have a loose separation of
power model i.e. there is an overlap between the
judicial powers of the House of Lords and the
Supreme Court of the U.K.
● In 2005, they formed a Supreme Court which
separated the Supreme Court and the House of
Lords. Despite this, they have a soft separation
of powers.
Australian Model:
● It is a mix of the Westminster model (British) and the U.S. model where the executives are drawn from the
Parliament and the judiciary has an independent structure.
● Australian Model of Separation of Powers:
○ Legislature: Parliament (House of Representatives and Senate) makes laws.
○ Executive: The Governor-General, Prime Minister, and ministers implement laws.
○ Judiciary: High Court and other federal courts interpret and enforce laws.
○ Overlap: Executive members are part of the legislature, similar to the UK system.

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Lecture 03: Separation of Powers || Constitutional Schemes, and
Salient Features (Part 02)
Checks, and Balances in India:
● India's governance comprises three branches: Legislature, Executive, and Judiciary.
○ The Legislature formulates laws, the Executive enforces them, and the Judiciary resolves disputes,
ensuring a balanced and efficient system of governance.
○ The concept of checks and balances has been implemented to ensure the effective functioning of all
three branches. This concept also makes the system efficient by ensuring zero concentration of power.
○ Here the Parliament has a duty to check the Judiciary, the Judiciary has the power to check parliament, and
the Executive can be balanced, and will be balanced by the Judiciary, and Legislature.
Doctrine of Checks & Balances In India:
It is followed in India and it is ahead of separation of power.
Legislature Control:
● On Judiciary:
○ Impeachment and the removal of the judges.
○ Power to amend laws declared ultra vires by the Court and revalidate it.
● On Executive:
○ Through a no-confidence vote, it can dissolve the Government.
○ Power to assess works of the executive through the question hour and zero hour.
○ Impeachment of the President.
Executive Control:
● On Judiciary:
○ Making appointments to the office of Chief Justice and other judges.
● On Legislature:
○ Powers under delegated legislation.
○ Authority to make rules for regulating their respective procedure and conduct of business subject to the
provisions of this Constitution.
Judicial Control:
● On Executive:
○ Judicial review i.e. the power to review executive action to determine if it violates the Constitution.
● On Legislature:
○ The constitution is unamendable under the basic structure doctrine pronounced by the Supreme
Court in the Kesavananda Bharati Case 1973.

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Functional Overlapping, and Personal Overlapping:
Functional Overlapping:
● The function of one branch can be performed by another branch to ensure the effective working of the constitution,
this concept can be found by India through the following ways:
○ The judiciary has the power to complete justice, and hence they can execute any order to ensure justice
in the country. Under Article 142, the Supreme Court functions as an order to bring complete justice. For
Example: Delhi Pollution, and Supreme Court actions (Judicial Activism).
○ The Judiciary can also review the existing laws of the Parliament if they are against the constitution
(Judicial Review).
○ The Parliament has the power to impeach the judges for non-performance of duty (Article 124 (4)).
○ The Legislature can also impeach the President for violation of the Constitution.
○ The President has the power to grant pardon to ensure complete justice (Article 72).
○ The President has the power to make any power through ordinance (Article 123).
Issues:
● Unaccountability: One of the demerits of overlapping powers, is that a particular organ can not be held accountable
for its decisions: Eg: Judicial verdicts in 2G and Coal Block allocation cases.
● Erosion of faith: Delays in development projects or decisive actions can undermine public trust in governance and
institutions.
● Accumulation of powers: It undermines the spirit of democracy as too much accumulation of power in government
organs undermines the principle of checks and balances.
○ It also creates adverse effects on the development of the country. For example: the Chardham highway
was delayed.
Benefits of Functional Overlapping:
● Ensures rule of law: Functional overlapping helps maintain checks and balances, preventing power misuse and
ensuring governance aligns with constitutional principles.
● Ensures cooperation among three branches of government: Overlapping roles promote collaboration, reducing
conflicts between legislative, executive, and judiciary for unified policy implementation.
● Ensures effective governance: By sharing responsibilities, overlapping improves decision-making, efficiency, and
timely execution of policies for better public service delivery.
Current Status in India: Is Checks, and Balances Successful in India?
● Currently, this system is very weak due to the following reasons:
○ Dominance of the Executive: Weak opposition has made the Prime Minister and Council of Ministers
excessively powerful, undermining checks on executive authority.
○ Judicial Overreach: Instances of judicial interference in legislative and executive domains have been
increasing, such as the ban on liquor sales near highways.

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○ Misuse of Legislative Procedures: The government has bypassed legislative scrutiny by passing ordinary
bills as money bills, e.g., the Aadhar Bill.
○ Declining Role of Parliamentary Committees: The importance of Parliamentary Committees in
deliberative decision-making has diminished significantly in recent years.
○ Ineffectiveness of Department-Related Committees: Over the last decade, Departmental Standing
Committees have not been functioning effectively, weakening legislative oversight.
■ Hence we can say that for a democracy like India, the idea of checks, and balances is way better
than the separation of powers.

Practice Questions for Mains:

1. The concept of separation of power is very much feasible in the Indian Constitution. Explain with the help of
constitutional provisions.
2. Do you think that the constitution of India does not accept the principle of strict separation of power rather it is
based upon checks and balances? Explain.

Exceptions to Separation of Power:

● Personal Overlapping: India follows personal overlapping where the Prime Minister and Council of Ministers
(Executives) are drawn from the legislature.
● Quasi-Judicial bodies: The Quasi-Judicial Bodies in India are in exceptions such as the NGT (National Green
Tribunal), and the Central Administrative Tribunal (CAT).
● India follows the concept of judge-made laws: The judiciary interprets laws and creates binding precedents,
assuming a quasi-legislative role.
● MPLAD (Members of Parliament Local Area Development Scheme) schemes: is against the idea of separation
of power because MPs perform executive actions (Development work).
What is State:
The State comprises four essential elements:
● Definite Territory: A clearly defined geographical area.
● Population: People residing within the territory.
● Government: An organized authority governing the state.
● Sovereignty: Supreme power and independence in decision-making.
Nation:
● A nation is a group of people united by shared language, history, culture, and connection to a specific geographic
territory. For Example: Spain, Germany, etc.

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Lecture 04: State Nation and Nation-State
What is a State?
A political entity is characterized by a definite territory, a population, a government, and sovereignty (ultimate authority
within its borders).
● Defined Territory: The state has clear, recognized geographic boundaries.
● Population: It has a permanent population that resides within its borders.
● Government: The state has an organized system of governance, with institutions that create and enforce laws,
maintain order, and provide public services.
● Sovereignty: The state holds supreme authority within its territory, free from external control, and can enter into
relations with other states.
These elements together define a state as a political and legal entity with the power to govern and represent its people both
domestically and internationally.
Nation:
● An imagined community based on shared cultural identity and common aspirations, but lacking a defined territory.
People within a nation may not always share a single geographic location.
● Example: Greater Nagalim – A proposed territory for the Naga people, who view themselves as a distinct cultural
and ethnic group, but lack a defined state with recognized sovereignty.

Westphalian Sovereignty
● Westphalian sovereignty, rooted in the Treaty of Westphalia (1648), is the principle that each state has supreme
authority over its territory, internal affairs, and governance, without external interference.
● It marked the end of religious
wars in Europe and
established a system where
states were recognized as
equal and independent
entities, forming the basis of
the modern international
order.
● This concept also introduced
the alignment of state
boundaries with cultural or
ethnic identities, influencing
the rise of nation-states.

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Birth of Nation State
Born out of similar identity and ethnicity, in 1648, this concept ensured that the state shall have homogeneous identity along
with political powers. For example: France, Pakistan, England.
State Nation
● Under this concept, a heterogeneous society is formed through the formation of various cultures. Under this notion,
different cultures exist under one state. For example: India, Canada
● India is a State-Nation because it unites diverse languages, ethnicities, and religions under one political framework,
emphasizing unity in diversity.
● Unlike a Nation-State, which is culturally homogeneous, India celebrates pluralism through federalism and
democracy.
Difference between State and Nation

No. State Nation

1. Existed not only at present but also in the ancient Modern phenomenon or occurrence
period.

2. It is legal political It is ethnic cultural

3. People organised for law within definite territory. People psychologically joined together with a common will
to live together.

4. A state must be sovereign. People continue as a nation even if they do not remain
sovereign.

5. Inhabited by heterogeneous groups of people Inhabited by homogeneous groups of people.

Why is India a State-Nation?

India is a State-Nation because it accommodates its immense diversity while maintaining political unity.
● Special Provisions for States: Article 371 provides special status to states like Nagaland, Mizoram, and
Meghalaya, ensuring the protection of their unique cultural and social practices.
● Religious Rights: Article 25 guarantees freedom of religion, allowing diverse religious communities to practice
and propagate their faiths.
● Democratic Structure: The parliamentary system ensures wide representation of India’s diverse communities,
fostering inclusivity and unity.
These measures collectively uphold India’s principle of “unity in diversity,” making it a State -Nation rather than a
homogeneous Nation-State.
Multiculturalism
Multiculturalism refers to the coexistence of diverse cultures within a society, where various identities, traditions, and
practices are acknowledged and respected in a shared political space.

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Types of Multiculturalism:

1. Melting Pot (e.g., America): Cultures blend to form a unified, homogeneous identity, where individual differences
are assimilated into a dominant culture.
2. Salad Bowl (e.g., India):Different cultures coexist while retaining their distinct identities, contributing to a
harmonious and diverse society without losing individuality.
Political Ideologies

● Left: Advocates for social equality, redistribution of wealth, and government intervention in the economy to reduce
inequality. Examples: Socialism, Communism.
● Right: Focuses on individual freedoms, limited government, free markets, and traditional values. Often prioritizes
national security and cultural conservatism.
● Liberal: Emphasizes personal freedoms, human rights, and equality, advocating for reform and progressive policies
while supporting market economies.
● Communist: Seeks a classless, stateless society where the means of production are collectively owned, eliminating
private property and capitalism.
● Centrist: Advocates a balanced approach, borrowing policies from both left and right, focusing on pragmatism and
moderation rather than ideology.

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● Extremist: Represents radical views on either end of the political spectrum, often advocating for revolutionary
changes or rejecting democratic principles entirely.

Different forms of Government

● Anarchy: A system where there is no formal government or authority, leading to a lack of structured leadership,
often resulting in disorder or lawlessness.
● Monarchy: A government system where a single ruler (king, queen, or emperor) holds supreme power, often
inherited. Monarchies can be absolute (unlimited power) or constitutional (limited by law or parliament).
● Dictatorship: A form of government where one person or a small group has absolute power, often acquired and
maintained through force, with little or no regard for democratic processes.
● Oligarchy: A government controlled by a small, elite group of people, often based on wealth, family, or military
power. The interests of the elite are prioritized over those of the general population.
● Democracy: A system of government where power is vested in the people, who exercise their rights through free
and fair elections, representation, and participation in decision-making. It can be direct (where citizens vote on
laws) or representative (where citizens elect officials to make decisions on their behalf).

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Lecture 05: Making of the Indian Constitution, Salient Features
and Preamble
Direct Democracy
● Direct democracy means where the citizens sit in the law-making process directly. Switzerland focuses upon this
very concept where citizens decide these laws through these referendums. It is also called a decentralized model
of democracy where decision-making is done at a localized level.
○ For example., Switzerland is a prominent example of direct democracy. It utilizes referendums to allow
citizens to vote on specific laws and constitutional amendments.
■ The country has 26 cantons, each with its constitution and authority to make local laws. This
decentralized structure ensures that decision-making happens at a localized level.
Benefits of Direct Democracy:
● Empowerment of Citizens: Individuals play an active role in shaping policies, and enhancing civic engagement.
● Quick Law-Making: Decisions can be made more swiftly without the delays associated with legislative debate.
● Local Autonomy: Decentralized decision-making allows for laws tailored to specific regional needs.

To be noted:

● The system of Direct Democracy fosters a participative and inclusive approach to governance, enabling citizens
to have a greater say in public affairs. In the Panchayati Raj system, Gram Sabha also follows direct democracy.

Indirect Democracy :
● Indirect Democracy refers to a system of governance where citizens elect representatives who then make and
implement laws on their behalf. It is the most common form of democracy, particularly suitable for large and diverse
populations.
Benefits of Indirect Democracy:
● No Voter Fatigue: Citizens are not required to vote on every issue, reducing the burden of frequent participation.
● Efficient Decision-Making: Elected representatives can make decisions more quickly, especially in emergencies
or complex matters.
● Law-Making by Experts: Legislators are often well-informed and advised by specialists, ensuring high-quality
policy-making.
● Suitable for Large Populations: It is practical for nations with vast populations, where direct participation in law-
making would be logistically challenging.
● Better for Diversity: Representatives can advocate for the interests of various groups, ensuring inclusivity and
cohesion in diverse societies.
This model balances citizen participation with the efficiency and expertise of a representative system. Countries like India,
the USA, and the UK operate under indirect democratic systems.

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Making of the Constitution
● Timeline of Key Events:
○ December 9, 1946: First meeting of the Constituent Assembly.
○ December 13, 1946: Nehru introduced the Objective Resolution.
○ November 26, 1949: Constitution of India approved.
○ January 26, 1950: Constitution implemented.
● Overview of the Constituent Assembly:
○ Took 2 years, 11 months, and 17 days to draft the Constitution (~3 years).
○ It was an indirectly elected body, formed by Provincial Legislative Assembly members as per the Cabinet
Mission Plan.
○ Representatives from the Princely States were nominated by the heads of those states.
● Representation:
○ Approx. 1 representative for every one million people.
○ Seats were allocated based on community: General, Muslims, and Sikhs.
○ Proportional representation was used.
● Election Process:
○ Used a preferential voting system:
○ Voters ranked candidates in order of preference.
○ Candidates needed a set quota of votes to get elected.
○ If the quota wasn’t met, votes of the least popular candidate were redistributed until all vacancies were
filled.
First Past the Post system (FPTP)
● The First Past the Post (FPTP) system, also known as the simple majority system, is used in India for elections
to the Lok Sabha (House of the People) and State Legislative Assemblies.
● Under this system, the candidate who receives the highest number of votes in a constituency is declared the winner,
even if they do not secure an absolute majority (more than 50% of the votes).
● Features of FPTP in India:
○ Single-Member Constituencies: Each constituency elects one representative.
○ Plurality Rule: The candidate with the most votes wins, regardless of the percentage of total votes.
○ Simplicity: It is easy to understand, implement, and count votes.
● Advantages of FPTP:
○ Quick Results: Vote counting and declaring results are straightforward.
○ Stable Governments: Tends to produce majority governments, reducing the likelihood of coalition
politics.
○ Strong Link with Constituencies: Representatives are directly accountable to their local electorate.
● Disadvantages of FPTP:
○ Exclusion of Minority Voices: Parties with smaller, geographically dispersed support bases may be
underrepresented.

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○ Wasted Votes: Votes for losing candidates do not contribute to representation.
○ Disproportionate Outcomes: A party can win a majority of seats without a majority of votes.
● Application in India:
○ The FPTP system has been criticized for its disproportionate representation in some cases.
■ For example, a political party might win a majority of seats with only a small percentage of the
total votes, as seen in various general elections.
○ Despite these issues, FPTP remains the preferred system in India due to its simplicity and ability to produce
stable governments
Schedules of the Indian Constitution:
● The Indian Constitution contains 12 Schedules, which are lists of various provisions that deal with specific matters.
● Each schedule deals with different aspects of the
governance, administration, and functioning of the
country.
● Seventh Schedule: The Seventh Schedule of the
Indian Constitution divides legislative powers between
the Union and State governments into three lists:
○ Union List (List I): Subjects on which only
the Union can legislate (e.g., defence, foreign
affairs).
○ State List (List II): Subjects on which only
States can legislate (e.g., police, public health).
○ Concurrent List (List III): Subjects on which
both the Union and States can legislate (e.g.,
criminal law, education).

Unitary vs. Federal System in India:

India is a “quasi-federal” state, combining federal and unitary
features:
● Federal features: Division of powers, an independent
judiciary, and a bicameral legislature (Rajya Sabha
representing States).
● Unitary features: Single Constitution, emergency
provisions that centralize power, and the Governor’s role in overseeing State governments.
● Residual Powers: Article 248 grants the Union government the authority to legislate on matters not covered by
the Union, State, or Concurrent Lists, known as residuary powers.
This hybrid structure ensures a balance between central authority and regional autonomy, depending on circumstances
(e.g., national emergencies).

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Lecture 06: Preamble and Fundamental Rights
Views on the Constitution:
● N.A. Palkhivala called the Preamble the “identity card
of the Constitution” as it encapsulates its essence,
philosophy, and objectives. It serves as a guiding light
for interpreting and implementing the Constitution’s
provisions.
Is the Preamble a part of the Constitution?
● The evolution of the legal status of the Preamble of the
Indian Constitution reflects its dynamic interpretation
over time.
○ Berubari Union Case (1960): The Supreme
Court held that the Preamble is not a part of the
Constitution. It was considered a guiding
principle or introduction, with no substantive
power to confer or withhold rights.
○ Kesavananda Bharati Case (1973): Overruling
the earlier stance, the Supreme Court declared
that the Preamble is a part of the Constitution. It
was recognized as an integral part of the
Constitution that reflects its basic structure and
philosophy.
○ LIC of India Case (1995): The Court reiterated
that the Preamble is part of the Constitution.
■ It emphasized that the Preamble has significance because it embodies the ideals and objectives of
the Constitution, including certain fundamental rights of the people, but it cannot be directly
enforced in a court of justice in India.
Thus, the Preamble today is accepted as a vital part of the Constitution, playing a key role in understanding its purpose
and guiding the interpretation of its provisions.
Is the Preamble enforceable?
● Preamble is not enforceable but it serves as a guiding light to the Parliament. The Preamble is only declaratory and
is non-justiciable.
● A.K. Gopalan Case (1950): The Court held that the Preamble is a guiding light to the Parliament because
it ensures the philosophy of the Constitution.
○ The case did establish the importance of the Preamble in understanding the Constitution and
assessing the validity of legislation and executive actions.

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● Kesavananda Bharati Case (1973): The court held that the Preamble is not a source of power to the
government rather it provides a guiding framework for the interpretation of the Constitution.
● Naveen Jindal Case (2004): The Court clarified that the Preamble cannot be used to claim specific rights.
Need of Preamble:
● Helps in Interpretation: The Preamble serves as a guiding tool for interpreting the provisions of the Constitution.
In cases of ambiguity, courts refer to the Preamble to understand the spirit and intent behind the Constitution.
● Philosophical Guide: It encapsulates the ideals and values of the Constitution, such as justice, liberty, equality,
and fraternity. It reflects the vision of the founding fathers and serves as a philosophical beacon for governance.
● Ensures Welfare of Citizens: The Preamble outlines the socio-economic and political objectives aimed at
ensuring the welfare of citizens, such as securing justice and promoting equality.
● Defines the Nature of the State: It declares India as a sovereign, socialist, secular, and democratic republic, thereby
emphasizing the core principles on which the nation is built.
● Sets the Goals of the Constitution: The Preamble establishes the fundamental purposes of the Constitution, such
as promoting the dignity of the individual and the unity and integrity of the nation.
● Represents the Source of Authority: It begins with the phrase “We, the People of India,” signifying that the
authority of the Constitution derives from the people, emphasizing popular sovereignty.
The Preamble is, therefore, a concise yet profound statement that defines the essence of the Constitution and provides a
foundation for its interpretation and implementation.
Can the Preamble be amended?
● The preamble can be amended. In fact, the 42nd Amendment Act inserted the words ‘Secular’, ‘Socialist’, and
‘Integrity’. In 2021, a private member bill was introduced to remove the word socialist from the Preamble.
Keywords of the Preamble
● We, the People of India: Indicates that the Constitution derives its authority from the citizens of India, emphasizing
popular sovereignty. The people are the ultimate source of power in a democracy.
● Sovereign: India is a fully independent nation, free from external interference in its internal or external affairs.
It has the supreme authority to govern itself.
● Socialist: Reflects the goal of reducing inequalities in wealth, income, and opportunity. It implies the promotion of
social and economic justice through government policies.
● Secular: India respects all religions equally and ensures the separation of religion from the State. Every citizen
has the freedom to practice, profess, or propagate any religion, or none.
● Democratic: The government is elected by the people and functions on the principles of representation and
accountability. It ensures fundamental rights, participation in decision -making, and the rule of law.
● Republic: India has an elected head of state (President) instead of a hereditary monarch. This signifies that all
public offices are open to citizens regardless of their social background.
● Justice: Encompasses social justice (removal of inequalities in society), economic justice (fair distribution of
wealth and opportunities), and political justice (equal political rights for all).

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● Liberty: Guarantees fundamental freedoms, including freedom of thought, expression, belief, faith, and worship,
ensuring individuals can develop freely without coercion.
● Equality: Ensures equal status, rights, and opportunities to all citizens, eliminating discrimination based on
religion, race, caste, gender, or place of birth.
● Fraternity: Promotes a sense of brotherhood and solidarity among citizens. It aims to foster social cohesion
while preserving the dignity of every individual.
● Dignity of the Individual: Ensures that every citizen is respected and valued, irrespective of their background. It
upholds the protection of fundamental rights and personal freedom.
● Unity and Integrity of the Nation: Stress the importance of maintaining the territorial integrity and national
unity of India, ensuring that diversity does not compromise the nation’s strength.
These keywords collectively reflect the philosophy, objectives, and vision of the Indian Constitution, guiding its
interpretation and implementation.

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Chapter - 02
Preamble

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Lecture 01: Preamble Keyword Socialist
Keywords in the Preamble:
Socialist:
● It reflects the goal of reducing inequalities in wealth, income, and opportunity. It implies the promotion of social
and economic justice through government policies.
○ Socialism: Under this system, resources are given as per the work done by the employee.
○ Communism: Under communism, the resources are maintained by the community and they will be
distributed as per our needs.
○ Indian Socialism: The state tries to ensure a welfarist and egalitarian society. It is also known as
democratic socialism which has been influenced by the writings of Jawaharlal Nehru, B.R. Ambedkar,
and Ram Manohar Lohia.
■ For example, the land reform policy of the Indian government highlights the Indian form of
socialism.
Key features of Indian Socialism
● The State ensures the welfare of the poor by implementing Directive Principles of State Policy. The policy of
reservation also highlights Indian socialism.

Directive Principles of State Policy that reflect the Socialist principle:

● Article 38: Directs the State to promote the welfare of the people by securing a just social, economic, and
political order and minimizing inequalities.
● Article 39: Ensures equitable distribution of resources, prevents concentration of wealth, and provides adequate
means of livelihood for all.
● Article 39A: Provides for free legal aid to ensure access to justice for all, especially the marginalized.
● Article 41: Ensures the right to work, education, and public assistance in cases of unemployment, old age, or
disability.
● Article 42: Mandates just and humane conditions of work and maternity relief.
● Article 43: Promotes a living wage, decent working conditions, and participation of workers in industrial
management.
● Article 47: Directs the State to improve public health and the standard of living.

Steps Towards Adopting Socialist Principles:

● Bank Nationalization (1969): The government nationalized 14 major banks to ensure equitable distribution of
credit and reduce the concentration of wealth.
● Abolition of Privy Purses (1971): Ended special privileges and payments to erstwhile princely states, promoting
economic equality.
● Instrument of Accession (1947): Integrated princely states into the Indian Union, ensuring centralized planning
and a unified approach to social and economic development.

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Cases associated with the Socialist principle:
● In D.S. Nakara v. Union of India (1983), the Supreme Court struck down discriminatory pension rules, holding
that arbitrary classification violated Article 14.
○ The Court emphasized that India’s socialist principles require the State to ensure equitable treatment and
welfare for all, especially the vulnerable, reinforcing the idea of socio -economic justice.
● In Minerva Mills v. Union of India (1980), the Supreme Court upheld the balance between Fundamental Rights
and DPSPs, emphasizing that India’s socialist goals under the DPSPs cannot override the basic structure of the
Constitution.
○ The Court reaffirmed that socio-economic justice must be pursued without eroding individual freedoms.

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Lecture 02: Secularism and Fundamental Rights
Keywords in the Preamble
Secularism
● The term ‘Secularism’ essentially means separation of state and religion, where the state does not have its own
religion and citizens have the freedom to practice the religion of their own choice.
● History of Secularism: The era of the Renaissance and the concept of religious thinking was developed due to the
introduction of science. This resulted in the development of scientific temper.
Models of Secularism:

French Model
● This model advocates a complete separation of religion from public life. Under this model, there is no public display
of religion is allowed, emphasizing strict secularism (termed Laïcité). The state actively controls or regulates
religious expressions to maintain public neutrality.
● Examples:
○ Ban on wearing religious symbols like burkinis and skullcaps in public spaces or schools.
○ Laws restricting overt expressions of faith (e.g., wearing the hijab).
● Approach: The state seeks to minimize religion’s role in public affairs, treating it as a private matter only.
USA Model
● The USA model follows the principle of “one-arm distance”, which means the state and religion coexist but do
not interfere with each other. It promotes negative secularism, where the state avoids favoring or opposing any
religion.
● Under this, religious practices and symbols are allowed in public life as long as they do not conflict with state laws.
● Examples:

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○ Citizens are free to express their religion (e.g., wearing a crucifix or hijab) as a personal liberty.
○ The state does not involve itself in or regulate religious matters unless they challenge the Constitution.
● Approach: Maintains religious freedom by ensuring the government stays neutral and refrains from regulating
religious practices.
Turkish Model
● It is based on the ideology of “Kemalism”, introduced by Mustafa Kemal Atatürk, and advocates for a Uniform
Civil Code (UCC), emphasizing legal uniformity across all citizens regardless of religion.
● The model aims for equality by subordinating religion to state authority. It also introduced significant civil
reforms, such as banning the veil and religious courts, to modernize and secularize society.
● Examples:
○ The abolition of Islamic laws in favor of Western-style legal codes.
○ Restrictions on religious attire in public institutions.
● Approach: Religion is subordinated to the state, which actively reforms and regulates it for modernity and equality.
Indian Model
● Positive secularism: The state does not merely distance itself from religion but intervenes to ensure equal treatment
and reforms where necessary.
● Reformist secularism: Encourages reforms within religions to eliminate discriminatory practices (e.g., abolition
of Sati and Triple Talaq).
● Principled distance: The state maintains a flexible approach, engaging with religion to uphold equality and social
justice.
● Examples:
○ Recognition of customary practices while discouraging regressive traditions.
○ Support for reforms such as banning untouchability and promoting women’s rights within religious
communities.
● Approach: The Indian model balances respect for all religions (Sarv Dharma Sambhava) with reformative
interventions to uphold constitutional values.

Indian Secularism
● It focuses on the principle of Sarva Dharma Sambhava i.e., Equal respect for all religions. Unlike the Western
model, Indian secularism ensures the engagement of states with various religions to ensure social harmony.
○ Prof. Rajeev Bhargava terms the concept of Principled distance (flexible distance along with
intervention) For example: India banned instant Triple Talaq.
● Indian secularism is distinct because it does not aim for strict separation but seeks to mediate the relationship
between religion and the state.
○ It incorporates the idea of “Biddat”, which means rejecting rigid dogma or orthodoxy while respecting
diverse religious practices.

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● Unique Aspects:
○ Unlike the French or Turkish models, Indian secularism allows for public expression of religion and state
engagement with religious communities.
○ It is accommodative, reformative, and deeply rooted in pluralistic traditions.
● Challenges to Indian Secularism
○ The Uniform Civil Code will take away personal freedom to practice religion.
○ The politicization of religion and using religion for political gains.
○ Special protection for minorities to ensure their development also creates inequality with the majority.
○ The Judiciary has many times interfered to explain the real meaning of secularism.
Democracy
● The term democracy is derived from the Greek words Demos (people) and Kratos (power), meaning “rule by the
people.”
● The power lies with the people, ensuring rule by their choice through the majority principle.
Republic
● The head of the State is elected by the public directly or indirectly, which means that the authority of the
government is derived from the people.
● India is a republic as its head of state, the President, is indirectly elected by an Electoral College.
● Unlike monarchies like Britain, the position is not hereditary, ensuring people’s sovereignty.

Question: Discuss the adjectives attached to the word Republic. Are they defendable in current circumstances?

Justice
● Refers to social, economic, and political justice.
● Inspired by the ideals of the Russian Revolution (1917).
● Aims to establish equality and fairness in all aspects of life.

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Lecture 03: Liberty and Rights
Liberty and Freedom
Freedom:
● Freedom is the ability to follow one’s choices based on free will.
Liberty:
● It is a broader concept that includes freedom with reasonable restrictions and enabling conditions. Liberty can be
of two types:
○ Negative Liberty: It refers to freedom from restraints (non-interference by others or the state). Example:
Freedom from censorship.
○ Positive Liberty: It refers to the freedom to do something (empowered to achieve opportunities and fulfill
potential). Example: Right to education, right to vote.
Fraternity:
● It is the spirit of brotherhood that ensures social harmony and unity. The idea of fraternity acts as a cementing factor
in a multicultural, diverse society like India.
● Challenges to Fraternity in India:
○ Caste Stratification: Deep-rooted divisions based on the caste system.
○ Communal Divide: Religious conflicts and sectarianism.
○ Economic Inequality: Disparities in wealth and resources. For example: Son of the soil theory (e.g.,
Karnataka), Bihari exodus due to regional biases.

Rights:
● Rights are claims upon the state and entitlements of citizens. They are provided by the Constitution and implemented
by the state.
● The rights are also protected by the judiciary. Examples of Rights in India:
○ Fundamental Rights: Equality, freedom, protection from exploitation, etc.
○ Directive Principles of State Policy: These aim to create enabling conditions for justice and welfare.

History of Rights
● Magna Carta (1215): The first document to limit the powers of the monarchy and assert certain rights for nobles
(e.g., protection from unlawful imprisonment).
● Locke’s Idea of Natural Rights (17th Century): Life, liberty, and property as inherent rights of all individuals,
forming the basis of modern rights theories.
● American Bill of Rights (1791): The first ten amendments to the U.S. Constitution guaranteeing individual
freedoms like speech, religion, and due process.
● Universal Declaration of Human Rights (UDHR, 1948): Adopted by the UN; outlines fundamental human
rights applicable to all people globally (e.g., right to equality, freedom from discrimination).

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Human Rights
● The fundamental rights are inherent to all humans, ensuring dignity, equality, and freedom.
● Framework:
○ These were established by the UN in the Universal Declaration of Human Rights (UDHR, 1948). It is
the basis for global and national human rights laws.
● Contents:
○ 29 Rights: Life, liberty, security, freedom from discrimination, education, work, fair trial, etc.
○ 1 Duty: Protect the rights of others.
● Significance: Universal, indivisible, and essential for global peace and justice.

What are Fundamental Rights?

● Bedrock of the Constitution: Ensures a democratic framework by safeguarding individual freedoms.
● Promotes Rule of Law: Guarantees equality before the law and protection from arbitrary actions of the state.
● Protects Minorities: Secures rights for vulnerable groups, preventing discrimination and ensuring justice.
● Empowers Citizens: Enables individuals to live with dignity, freedom, and equal opportunities.
● Checks State Power: Acts as a safeguard against the misuse of authority.
Limitations of Fundamental Rights:
● Not Absolute: Fundamental Rights are subject to restrictions to maintain public order, morality, and security.
● Reasonable Restrictions: Imposed by the state under specific circumstances (e.g., during emergencies). For
example: Freedom of Speech is restricted to prevent hate speech, defamation, or threats to national security.
● Judicial Review: Courts ensure that restrictions are reasonable and not arbitrary.
These limitations balance individual rights with the collective interests of society.

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Rights vs Duties: A Correlative Relationship
Definition:
● Rights: Claims or entitlements individuals have against the state or others.
● Duties: Obligations individuals must fulfill to respect the rights of others and uphold societal harmony.
Correlation:
● Every right corresponds to a duty. Example: The Right to Freedom imposes a duty not to harm others’ freedom.
● The Right to Education implies a duty on the state to provide education and on citizens to send children to school.
Mutual Dependence:
● Rights without duties lead to chaos and misuse.
● Duties without rights result in oppression and inequality.
Importance:
● Rights empower individuals; duties ensure responsibility toward society.
● Together, they create a balanced, cohesive, and functional society.

Nature of Fundamental Rights

● Constitutional Guarantee: Fundamental Rights are enshrined in Part III of the Indian Constitution,
guaranteeing essential freedoms and protections for individuals.
● Absolute but Qualified: Fundamental Rights are not absolute; they are subject to reasonable restrictions to
maintain public order, morality, and national security. Example: Freedom of speech (Article 19) can be restricted
for defamation or incitement to violence.
● Universal Applicability: Available to all citizens; some rights extend to non-citizens.
● Enforceability: Rights are justiciable—citizens can directly approach the Supreme Court or High Courts to seek
enforcement if violated.
○ Article 32: Right to Constitutional Remedies: Known as the “heart and soul of the Constitution” (Dr.
B.R. Ambedkar). It empowers individuals to move the Supreme Court for enforcement of rights through
writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.
● Dynamic Nature: Rights evolve over time through judicial interpretations. Example: The Right to Privacy (2017)
was recognized under Article 21.
● Balancing Individual and State Interests: Ensures individual freedoms while safeguarding collective interests
and public welfare.
Fundamental Rights in India:
● Right to Equality (Articles 14-18): Ensures equal treatment before the law, prohibition of discrimination, and
abolition of untouchability and titles.
● Right to Freedom (Articles 19-22): Includes freedom of speech, expression, assembly, association, movement,
and the right to life and personal liberty.
● Right to Property (Article 31): Originally guaranteed, but has been deleted after the 44th amendment in 1978.
● Freedom Against Exploitation (Articles 23-24): Prohibits forced labor, child labor, and human trafficking.

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● Right to Religious Freedom (Articles 25-28): Guarantees freedom of conscience, practice, propagation of religion,
and the freedom from discrimination based on religion.
● Rights of Minorities (Articles 29-30): Protects the cultural and educational rights of minorities.
● Right to Property (Article 31): This was repealed and replaced by the 44th Constitutional Amendment Act in
1978. The original Article 31 dealt with the right to property, but it was repealed and replaced by Article 300A.
● Right to Constitutional Remedies (Article 32): Allows individuals to approach the Supreme Court for the
enforcement of Fundamental Rights.
Rights Available to Both Citizens and Non-Citizens:
● Article 15, 16, 19, 29 and 30 are applicable only to citizens of India whereas Articles 12, 13, 14, 17, 18, 20 -28 are
applicable both the citizens and non-citizens. There are two types of non-citizens:
○ Friendly Aliens: Individuals who are foreign nationals from countries with which India maintains
friendly relations.
■ These individuals enjoy certain rights under the Indian Constitution, similar to citizens in many
cases, except where explicitly limited. For example., a citizen of USA.
○ Enemy Aliens: Individuals who are foreign nationals from countries considered to be in conflict with
India (e.g., during a war).
■ Their rights are more limited, and the Indian government may impose restrictions on their freedom
based on national security concerns. For example., a citizen of Pakistan.
Article 12: Definition of “State”
● Article 12 of the Indian Constitution defines
“State” in relation to Fundamental Rights under
Part III. It includes:
○ The Parliament or Union of India
(Government of India)
○ State Legislature and or State Government
○ Local Authorities (e.g., municipalities,
panchayats)
○ Other Authorities under the control of the
Government
What constitutes other Authorities under
Article 12?
● In the Ajay Hasia v. Khalid Mujib (1981) case,
the Supreme Court clarified that “other
authorities” under Article 12 includes
organizations that are controlled or
functionally associated with the government.
○ The Court in this case held that any
organization which is:
■ Financially controlled

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■ Administratively controlled by the government
■ Functionally associated (PPP) with the government is a part of state.
● Examples:
○ Regional Engineering Colleges: Funded and controlled by the government.
○ NCERT (National Council of Educational Research and Training): A government organization focused
on educational policy and research.
○ AAI (Airports Authority of India): A public sector organization managing airport services under
government control.
○ SBI (State Bank of India): While a public sector bank, it operates under substantial government influence
and ownership.
○ BCCI: *The Supreme Court in Zee Telefilms Ltd. v. Union of India (2005) held that the BCCI is not
“State” under Article 12 as it is an autonomous private entity, not substantially controlled or funded by
the government.
Judiciary and Article 12:
● The judiciary is not “State” under Article 12 while performing its judicial functions (e.g., dispute resolution,
delivering justice) as these are sovereign and independent.
● Law-making and Administrative Functions: When the judiciary performs law-making functions (e.g., framing
rules, issuing guidelines) or administrative actions, it is considered “State” under Article 12.
● A.R. Antulay v. R.S. Nayak (1988): In this case, it was established that the "State" in Article 12 of the Indian
Constitution includes courts only when they are performing non -judicial functions.
● Implication: Judicial independence is protected in its core functions, but actions beyond this can be scrutinized
under Article 12.

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Chapter - 03
Fundamental Rights

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Lecture 01: Articles 13, Basic Structure Doctrine, Article 14
Article 13 (Laws Inconsistent With or in Derogation of Fundamental Rights):
● In case of inconsistency of any law with Fundamental Rights, the Fundamental Rights will always prevail over
that law, and the law will be held null and void.
● Article 13 is a safety valve that protects fundamental rights from laws that are inconsistent with them.
● The basic context behind the creation of Article 13 is that while Fundamental Rights were being written, many
British laws were already operative. In fact, many laws continue to be in operation today. Example: Indian Penal
Code, 1860.
● Due to the utility of the existing British laws, only laws that were in conflict with fundamental rights were made
inoperable.
○ Hence, it led to the creation of Article 13 (1) which says all the laws which were in force before the
commencement of the Constitution shall be declared null and void if they are inconsistent with
Fundamental Rights (applies to British Indian laws).
■ Thus, they followed the ‘doctrine of eclipse’. Example: Right to Liberty (was restricted in British
India but comes under Fundamental Rights in the Indian Constitution).
● Article 13 (2) says that the State shall not make any law that takes away the Fundamental Rights of the Citizens
(“void ab initio” means void from the beginning)
● Article 13 (3) gives a wide interpretation to the term “law”.
➢ “Law” means ordinances, orders, bylaws, rules, regulations, customs or usage. Hence, according to
Article 13(3), the law does not only mean any document just passed by the Parliament.
➢ If the President passes some order, it is also a law. If there is some notice or regulation given by the
Government, it is also a law.
The Doctrine of Eclipse:
● The Doctrine of Eclipse is applied when any law or act violates the fundamental rights, then the fundamental
rights overshadow the other law or act and make it unenforceable.
○ They can be enforced again if the restrictions posed by the fundamental rights are removed. Hence, we
can say that the Doctrine of Eclipse is an important tool that is used by the courts to remove inconsistency
in various laws.
● In 1950, it was decided that the Doctrine of Eclipse would apply to British India laws. This was applied till 1954.
○ Problem arose in 1955 when the Supreme Court in the Bhikaji Narain vs State of Madhya Pradesh case
held that the Doctrine of Eclipse applies to both (Pre+Post) Constitutional laws.
● Elements of Doctrine of Eclipse:
➢ It should be pre-constitutional law.
➢ It must be in conflict with the fundamental right.
➢ The law does not become void rather it is only inoperative.
➢ After the amendment to the fundamental right, it will automatically make the impugned law operative.
Doctrine of Severability:
● It is also known as the “Doctrine of Separability”. This Doctrine only removes the part which is inconsistent
with the fundamental Rights.
○ Example: If a law had different punishments such as 6 months for Britishers and 2 years for Indians.
■ But since fundamental rights envisioned the Right to Equality, the Parliament would strike down
the differential punishment following the ‘Doctrine of Severability’ and have equal punishment for
everyone.

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○ Thus, the provision of punishment would be there but not of differential punishment i.e. the Doctrine of
Severability is followed, and the part that is inconsistent with the fundamental rights is ‘severed’.
● The Doctrine of Severability is used by the courts till now whereas the Doctrine of Eclipse is of no use now.
Basic Structure Doctrine:
● The Birth of Basic Structure Doctrine happened when question was raised - Can Fundamental Rights be
amended?
● During British India, the society was highly unequal. There were rampant caste practices, the zamindari system,
etc.
○ The Right to Property was made part of Fundamental rights by the constitutional makers. But nowhere,
the Right to Property was an absolute right.
○ On the other hand, various provincial /state governments wanted to abolish the zamindari system which
created a type of inequality in society.
● Bihar Zamindari Abolition Act, of 1948 was proposed to implement land reforms in the state. The Patna High
Court ruled such laws unconstitutional, upholding property as a fundamental right.
1st Amendment Act, 1951:
● The 1st Constitutional Amendment was brought in 1951 by the Parliament and made the Right to Property a
limited right.
● It further added Article 31A, 31 B, and related Schedule IX in the Constitution.
○ Article 31A specifies the compulsory acquisition of estates.
○ Article 31B specifies enforcing the IX Schedule. Laws in the IX Schedule shall not be challenged in the
courts i.e., out of the judicial review power of the courts. It was like a Blanket Ban on the Judiciary.
■ By this amendment parliament made the Right to Property a limited right. Parliament also inserted
IX Schedule in the constitution which made judicial review inoperable of these laws which were
inserted in this schedule.
● The 1st Amendment Act was challenged in court. This issue reached the Supreme Court in th e Shankari Prasad
Case, and the court held the validity of the 1st Constitutional Amendment.
Shankari Prasad Case (1951):
● The Court held that Parliament has the power to amend any part of the Constitution, including the
fundamental rights, under Article 368.
● The term “law” in Article 13(2) does not include a constitutional amendment passed under Article 368.
● The court emphasized harmonious construction, stating both DPSPs and FRs are essential. Neither is above the
other; they must complement each other.
● It clarified the distinction between a “law” under Article 13(2) and a “constitutional amendment” under Article 368,
establishing that constitutional amendments are not constrained by Article 13(2).
Sajjan Singh Case, 1965
● The Court upheld the Shankari Prasad judgement and held that the Parliament has the power to amend
fundamental rights.
● As the ruling in the Sajjan Singh case was the same as in the Shankari Prasad case, no new outcome was traced.

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Lecture 02: Article 13, Basic Structure Doctrine
I.C. Golaknath vs. State of Punjab Case (1967):
● Questions Raised in I. C. Golaknath Case:
○ Can fundamental rights be amended?
○ Are fundamental rights supreme?
○ Thus parliament has the power to amend the Constitution.
● Court replied:
○ No, fundamental rights can not be amended because Parliament does not have the power to amend the
Constitution.
○ The court also held that Article 368 of our Constitution only provides the procedure to amend the
Constitution and does not give the parliament the power to amend the Constitution.
■ If the Constitution has to be amended a new constituent assembly is required to be formed.
○ The court also held that fundamental rights are supreme. This judgment was implemented in a prospective
manner. The court also held that the term amendment means law under Article 13(3)
● Response of the Indira Gandhi Government to the Court’s Decision:
○ In response to the I.C. Golaknath judgement, Parliament implemented the 24th Amendment and 25th
Amendment.
■ 24th Amendment: The word “power” was added in Article 368. Article 13(4) was also added to
amend the constitution out of the judicial process.
● Article 13(4): Made it separable from 368 i.e. any amendment done in 368 will not impact
article 13. This amendment made Article 13 defunct.
■ 25th Amendment, 1971: Under this Parliament got the power to acquire more properties and
decide the compensation on its own. Article 31C was further added to give primacy to DPSPs for
implementing 39(b) and 39(c) of DPSP over Fundamental Rights.
● Article 31C sought to prevent laws related to the acquisition of private property from being
challenged in courts on the grounds that they violated the Fundamental Rights granted by
the Constitution.
○ Hence it can be said that Parliament through 31(C) tried to implement socio-
economic justice and balance it with fundamental rights to ensure collective
welfare.
■ The 24th and 25th Amendments were challenged in the Kesavananda Bharati case in 1973.

Doctrine of Prospectivity:
● It is the applicability of the judgment from the date of the judgment. It dictates that a decision made in a
particular case will only have operation in the future and will not have any retrospective effect on
any past decisions.
● This doctrine was first invoked in India in the case of Golak Nath v. the State of Punjab by Chief
Justice Kokka Subba Rao.

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Lecture 03: Article 14, 15
Kesavananda Bharati and Others Case (1973):
● The key question before the Supreme Court was:
○ Does the Parliament have the power to amend the Constitution?
○ Are the 24th and 25th Amendments constitutionally valid?
● This case turned out to be one of the important cases for which a thirteen judges bench was formed to decide the
case.
● The court had to decide out of several choices:
○ Should the Parliament be allowed to amend the constitution?
○ Should the Parliament be denied the process of amendment totally?
○ Further, if the amendment is allowed, it should be done with due diligence. There should be some limit
fixed to how much degree the amendment should be allowed.
● The Court in a 7: 6 verdict (7 in favor, 6 in against) held that the Parliament can amend the fundamental rights
provided it adheres to the Basic Structure of the Constitution.
● The court also upheld the 24th and 25th Amendments but ensured that no basic structure had been infringed.
○ Thus, the Kesavananda Bharati Case gave power to the Parliament to amend the constitution but
also took away the absolute power to do so.

Background story:
● In the Keshavananda Bharati case, relief was sought against the Kerala government that implemented two state
land reform laws, which imposed restrictions on the management of religious property.
● Keshavanand Bharti, along with others, filed a petition in the court that the government is unnecessarily taking
away their land. This case was challenged under Article 26.
○ As India is a Secular nation, it is a fundamental right to manage religiously owned property without
government interference. Hence, the property is not private but Ashram’s property which is used for
religious purposes.

Note:
● Basic Structure Doctrine is taken from the German principle of Doctrine of Implied Limitation.
● Implied Limitation means that the powers of Parliament are limited in nature. This is a non-exhaustive doctrine
and hence, the court in its subsequent judgements, has pronounced what amounts to a Basic Structure:
○ Preamble
○ Elections
○ Rule of Law

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○ Democracy
○ Secularism
○ Free and Fair Elections
○ Judicial Review
○ Supremacy of Constitution
○ Independence of Judiciary
● The Court never defined the meaning of Basic structure, but in subsequent cases, the meaning of Basic structure
of Doctrine was given by the Court.

42nd Amendment Act, 1976:

● Despite of Basic structure doctrine, Parliament amended the Constitution.
● Features of 42nd Amendment:
○ 2/3rd of the Constitution was amended.
○ It gave unlimited power to the Parliament
○ The terms socialist, secular, and integrity were added in the Preamble.
○ DPSPs were given supremacy over Fundamental Rights.
○ Article 31C was amended to give supremacy to Article 39(b)&(c) (they highlight socialist nature of state)
● It is also called the Mini Constitution (The largest amendment to date). This amendment was changed by the
Janata Party in 1978 by the 44th amendment.
44th Amendment, 1978:
● It restored half of the constitution and removed the ambiguities of the 42nd amendment.
● It removed the Fundamental Right to Property and made it a Constitutional Right under Article 300A.
● Article 19(f)(1) was deleted.
Minerva Mills vs Union of India case, 1980:
● The case came before the court as many cotton mills were being nationalized and Minerva Mills was one of
them.
● After 7 years of the Kesavananda Bharati Case, the idea of ‘basic structure’ was challenged in front of the
court.
○ In 1972-73, the government of India passed several laws in which the acquisition of estates or businesses
took place.
○ Among these were the Minerva mills, on the outskirts of Bangalore, which were acquired by the government
in the name of Socialism.
○ The court held that parliament can not have unlimited power to amend the constitution. Hence the court
was of the view that basic structure doctrine is the important way to check the powers of parliament.
● The court held that parliament is a creature and constitutes the creator, so the creature can not amend the
creator. Hence the court established the doctrine of constitutional supremacy.

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Note:
Question raised:
● Can DPSP override Fundamental rights?
● The Court held that Parliament can not take away the Fundamental right to implement DPSP and it should
establish a harmony between FRs and DPSP (Doctrine of Harmonious Construction).
● DPSP is community based and FRs are individual-based.
● The court also held that the balance between FRs and DPSP and Judicial review is part of the Basic
structure of Doctrine.

Court’s Decision with Regard to Article 31 C:

● Article 31 C: It was inserted by the 25th Amendment Act. The court referred to the 42nd Amendment and held
that parliament can not take away fundamental rights by giving supremacy to DPSP (39(b) &(c)).
● Parliament should ensure harmony between DPSP and fundamental rights. FRs are individualistic in nature,
whereas DPSPs are welfarist in nature.
○ So the court suggested that the doctrine of harmonious construction is the best way to solve the crisis
between them.
● The court held that a balance between FR and DPSP is part of the basic structure doctrine.
Waman Rao Case 1981:
● The court held that the doctrine of Basic Structure was implemented on 24th April 1973 (date of Kesavananda
Bharati Case).
● In this case, IX's schedule was challenged along with the acquisition of property (Articles 31 A and 31 B).
● The court also held the judicial review of Schedule IX is possible, hence any law that is added to the IX schedule
after the Kesavananda Bharati case can be judicially reviewed. If it violates the Basic Structure doctrine.
● The court held that any law that restricts fundamental rights can be judicially reviewed, but land reforms are the
need of the hour, hence 31 A is valid.
● The court also held that Article 31C does not infringe on the Basic Structure doctrine hence 31C is valid.
I.R. Coelho Case 2007:
● In this case, the validity of Schedule IX was challenged (9 Judges). The court held that judicial review is a part
of basic structure doctrine and hence any law added to the IX schedule after the Kesavananda Bharati case
can be judicially reviewed.
● The court also held if ever, an IX schedule came in the way of Fundamental rights it would be removed by the
judiciary.

9th Schedule:
● Implemented by 1st Amendment through 31B, to avoid judicial review of the court.
● It consisted of land reform laws, nationalization laws, reservation laws, etc.

Criticism of Basic Structure Doctrine:

● This Doctrine has given unlimited powers to the courts. Basic Structure Doctrine is against the idea of
separation of power.
● The definition of Basic Structure is ambiguous (Not clear). It is the product of judicial overreach which in itself
is a criticized aspect. Judicial overreach is the judiciary's unnecessary getting into parliament’s domain.
Hence, we can say that the Basic Structure Doctrine has been used by the judiciary to justify its actions.

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Difference between Fundamental rights, Constitutional rights, Legal rights & Statutory rights:
● Fundamental rights are those rights which are given under Part III of the constitution. E.g.- The right to life.
● Rights are not given under Part III of the constitution but are mentioned under various articles of the constitution.
E.g.- Right to vote.
● Rights that are not mentioned in the constitution (Legal rights & statutory rights) in various laws. E.g.- The right to
work in MGNREGA.
Right to Equality:
● Article 14 says that states shall not deny any person equality before the law or equal protection of the law within
the territory of India. It is applied to both citizens and non-citizens.
● Equality Before Law means the absence of any discrimination, it treats society in an equal manner. Whereas
Equal Protection of the Law means the state can discriminate among the citizens to provide benefits to weaker
sections of society.

Equality Before Law (EBL) Equal Protection of Law (EPL)

● This is a British concept ● This is an American concept

● It is a conservative approach ● It is a progressive approach

● It treats everyone equally ● Likes should be treated alike

● It is a negative concept ● It is a positive concept

Note:
Negative Concept:
● It asks the state not to interfere and maintain status quo by giving equal treatment to everyone.
Positive Concept:
● It allows the state to interfere and give advantages to people subjected to backwardness and require differential
treatment. Example: SC, St. OBC, etc.

Anwar Ali Case, 1952:

● The court held that both Equality Before Law (EBL) and Equal Protection of Law (EPL) are expressions and
need to be implemented together. Whereas, in the Ashok Thakur case, 2008:
○ The Court held that Equal Protection of Law is a natural corollary to Equality Before Law.
Concept of Equality in the Indian Constitution:
● The term equality means the absence of any discrimination whereas in India the constitution provides
reasonable classification to ensure equity in the society.
○ Hence, we can say the Indian notion of equality is different from the Western idea of equality.

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Lecture 04: Article 15 and 16
Reasonable Classification
● The principle of reasonable classification means the method through which the parliament can identify the eligibility
for reservation.
● Methods:
○ Intelligible differentia
■ The classification should be based on a clear and distinct difference that separates the included and
excluded. E.g.- Reservation Policy- Historical disadvantage.
○ Rational nexus
■ There must be a rational connection between the basis of classification and the objective we want
to achieve. E.g - Reservation Policy-classification as SC, ST, OBC, etc.
Article 15:
● It applies to citizens. Article 15 talks about no discrimination on the grounds of religion, race, caste, sex, and place
of birth.
● Article 15(1) is a negative right, which ensures no discrimination by the state.
● Article 15(2) talks about no discrimination by private persons with respect to public places like water bodies,
temples, Hotels, etc.
○ Article 15 (1) and (2) provide directions to the State and citizens respectively so that they do not
discriminate against fellow citizens. Hence, we can say that Article 15 (1) and (2) are negative rights.
● Article 15 (3) provides special provisions for women and children. Hence, the State can make special or positive
laws for them (Equal Protection of Law-EPL).
○ This is a positive right, which asks the State to make certain policies in favor of women and children- Laws
for Women's reservation, laws for women's protection, etc.
■ For example, in Vishakha Guidelines, the Parliament passed the POSH Act (Harassment of
women at the workplace was deemed to be against equality).
● Article 15(1), (2),(3) were implemented on 26th January 1950.

Note:

● Article 46 "The State shall promote with special care the educational and economic interests of the weaker
sections of the people, and, in particular, of the Scheduled Castes and the Sche- duled Tribes, and shall protect
them from social injustice and all forms of exploitation."
○ Various states like the state of Madras, and Karnataka (In 1950-51) started reservations in Education
because at that time education was a state subject.
● Reservation is positive discrimination (Benefit for weaker section) and is not a fundamental right.
● Reverse discrimination refers to the practice of favoring individuals from historically disadvantaged or minority
groups while discriminating against members of the dominant or majority group.

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Champakam Dorairajan Case, 1951:
● To implement the directions in Article 46 (which directs the State to frame policies for SC/STs), various State
governments (Uttar Pradesh & Bihar) came up with a reservation policy.
● This policy was challenged in the Champakam Dorairajan case, in 1951 on the grounds of Article 15 (1).
○ In this case, the Supreme Court struck down the Madras government reservation order based on caste. The
court said that the state cannot discriminate on the grounds of caste.
○ Article 15 should override Article 46, Hence FRs are supreme and DPSP are secondary. So, the Court did
not allow the state government to implement Equal Protection of the Law.
● In response to this judgment parliament brought the 1st Amendment Act, 1951, and added Article 15(4) in the
constitution.
Article 15(4):
● Parliament amended the constitution and the 1st Amendment act was passed which inserted Article 15(4) in the
constitution. Also, all the reservation laws were inserted under the 9th schedule.
● It says that the state can make special provisions for the advancement of socially and educationally backward classes
of SCs and STs.
○ As a result of the 1st Amendment Act reservation laws were passed across the country but the percentage
of reservations was different from state to state.
■ For example, a few state governments were giving 70%, a few state governments giving 68%, etc.
Court’s Judgment:
● The Court held that the reservation cannot exceed 50%. Also, the President can pass an order under Article 15 (4)
to add any caste to the backward class list.
● In the opinion of the Court, the categorisation of backward and even more backward classes was not justified under
Article 15(4).
○ In order to be considered 'backward', both socially and educationally backward can be included. Clause (4)
of Article 15 does not talk about caste but class. Hence, caste-based reservation can not be the only criterion
of reservation in the country.
MR Balaji Case (1962):
● The State of Madras had given 68% reservation, which was held by the Court as 'fraud on Constitution'. The
Court said that there should be a cap on the reservation maximum of up to 50%.

Difference between Caste and Class:

● Classes can be identified on the basis of the poverty level, income level, place of habitation, etc. Whereas, Caste
is a stratification of people in Hindu society.

Reservation in Private Colleges:

● During the 1980s, the demand for higher education was rising and this is when the State governments started giving
reservations in private colleges.

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Supreme Court Judgements:
Mohini Jain Case 1992 (Three Judges Bench):
● To perform their duty of providing education, various state governments tried to implement reservation policies for
their own residents (i.e., domicile-based reservations).
○ This was challenged in the Mohini Jain Case, where the court held that education is a Fundamental Right
and every citizen should be provided with this right irrespective of whether the institution is government-
led or private institution.
● The court held that education in private colleges can be regulated by the state government because education is a
fundamental right. Also, the state government can fix the fees for private colleges.
● The court also held that the colleges should be run as a trust or society and not as a commercial institute.
Mohini Jain v. State of Karnataka:
● In the case of Mohini Jain v. State of Karnataka, Mohini, a resident of Meerut had applied for admission to a medical
course at Sri Siddhartha Medical College, Karnataka, under the quota of government seats in the year 1992.
○ However, the college management informed her that she could only be admitted if she paid the tuition fee
of sixty thousand rupees for the first year and also had to produce a bank guarantee for the remaining four.
■ Such an amount was not feasible to be paid by Mohini and her family due to their poor economic
background.
■ Moreover, she also complained that the college management board had further asked her the
capitation fee of rupees four and a half lakhs, which was later refused by the college.
● Considering the above facts, she took matters to the Court and filed a Writ Petition under Article 32 challenging the
notification of the Karnataka Government permitting the Private Medical Colleges in the State of Karnataka to
charge very high tuition fees from students other than those admitted via “Government seats”.
○ She also asked for an explanation of the “Right to Free Education” granted by the Constitution for the
citizens of India and its limitations.
Unni Krishnan Case 1983 (Five Judges Bench):
● Private colleges should be involved or encouraged to achieve the constitutional goal of equality. Hence, the state
can regulate private colleges. Also, colleges should be run through trust and societies, and no profit-making should
be allowed.

Note:
● The Dark Years of Private Education in India was from 1993 to 2001.

TMA Pai Foundation Case 2002:

● In this case, colleges raised a question of whether we should be given our fundamental right of trade and commerce
under Article 19(1)(g) of the Constitution. It was the second-highest bench in history (11 judges bench).
○ The court held that colleges can provide education as a commercial right under Article 19(1)(g).
■ Hence, the colleges can fix their own fee provided they do not charge donations or capitation fees.
They can also make small profits from colleges.
● In the Islamic academic case 2003, the Court held that private colleges should be allowed with autonomy provided,
they should take admission on a merit basis (Same for minority colleges).

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Note:
● Mere regulation by the state can not be termed as the private body as a state under Article 12.

P A Inamdar Case (2005):

● In this case, the reservation in private colleges was implemented by the Maharashtra government. The Court held
that reservations in unaided private colleges should not be implemented because it is not the duty of private colleges
to apply for reservation.
○ In response to this judgment parliament brought the 93rd Amendment Act 2005 and inserted Article 15
(5) in the Constitution.
● Article 15 (5): The state can make special provisions for the advancement of socially and educationally backward
class (SEBC) of citizens of SC/STs about their admission in unaided private colleges. This article does not apply to
minority colleges.
○ Article 15 (5) was challenged in court in Ashok Thakur Case (2008) wherein the Supreme Court held that
Article 15 (5) is constitutional and private colleges are required to implement reservation.
○ Court said that reservation is nothing but a gentle tool for pushing weaker sections of our society towards
upliftment.
■ The court also said that reservation should not be a permanent situation, it should be removed once
the objective of a casteless society is achieved.

Note:
● Article 15(3) Special Provisions for Women is not exactly defined in the constitution. It is a provision that allows
the state to make special provisions for women and children.

Article 16 - Equality of Opportunity in Public Employment:

● It provides for equality of opportunity on the grounds of:
○ Religion
○ Race
○ Caste
○ Sex
○ Place of Birth,
○ Place of Descent
○ Place of Residence
● Article 16 talks about equality of opportunity in government jobs, it applies only to citizens. Equality of Opportunity
in Public Employment on the grounds of Descent and Place of Residence comes under Article 16(2).

Note:
● Under Article 15 reservation can be given on the grounds of domicile and place of residence.
● Residence vs Domicile vs Descent:

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○ Residence is where you actually live. For example: Delhi.
○ Domicile is where you intend to live. For example: Prayagraj.
○ Descent is your family place or your place of Birth. For example: Patna.

Article 16- Equality of Opportunity (Reservation):

● The idea of Equality of Opportunity pertains to equality in “all walks of life”, (from cradle to grave). According to
B.R. Ambedkar, Article 16 ensures the protection of the individual from birth to death, hence the person has
protection in:
○ Access to jobs.
○ Conditions of employment (promotions, transfers, etc) should be fair in nature.
○ Right opportunity for the fair development of personality.
○ Promotion and transfers.
Article 16 (1):
● There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office
under the State.
● It talks about affirmative action, which directs states to provide equal access to jobs. This is a positive right.
Article 16 (2):
● It is a negative right, that does not allow discrimination on seven grounds:
○ Religion
○ Race
○ Caste
○ Sex
○ Place of Birth
○ Descent
○ Place of Residence

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Lecture 05: Article 16 and Reservation
Continuation of Article 16:
Article 16 (3):
● Nothing in this article shall prevent Parliament from making any law prescribing, regarding 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 before such employment or
appointment.
● The Parliament can make laws for appointment in the government services (The state government can also make
laws for their recruitment processes).
Article 16(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.
● This enables the state to implement reservations in appointments for the backward class of citizens who are not
adequately represented in public employment.
Affirmative actions:
● Under this concept, the State affirms certain differences in society and brings policies to remove those differences.
○ So through this article, the state implemented the idea of reservation in public jobs. This concept of
reservation was implemented to ensure adequate representation of the backward class of citizens.
Reverse Discrimination:
● It means the policy of reservation leads to discrimination with the General category. Hence 16(3) & 16(4) were
inserted to ensure special provisions for the backward class of citizens who are not adequately represented in the
services of the State.
Reservation in Promotions:
● It means that the section of society that is not adequately represented in State services will get adequate
representation at all levels.
● Rangachari Case, 1962:
○ The court held that Article 16 (1) gives equality of opportunity in all matters of employment. Hence,
reservation in promotion is a valid concept.
● CA Rajendran Case, 1967:
○ The court held that the States have the power to implement reservations in promotions for the Caste
which are not adequately represented in State jobs.
● Indra Sawhney Case, 1992:
○ The court held that reservation in promotion is not a valid and constitutional concept, hence, it should
not be allowed in government services.
■ In reaction to this judgment, Parliament implemented the 77th Amendment Act 1995 and added
Article 16 (4A).

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● Article 16(4A): Reservation in promotion for SC/STs class of citizens who are not
adequately represented in state services.
■ After this amendment, the reservation in promotion was implemented through Consequential
seniority. It is a process that means that if a person has been promoted being a reserve category
before his general category batchmate, the reserve category candidate will always be a senior.
➢ Hence, Consequential seniority was questioned and the court suggested a catch -up rule in
the Ajit Pal Case 1996.
➢ Consequential seniority means once a senior, always a senior, whereas in Catch up rule
the general category candidates who were promoted late will regain their seniority.
➢ In response to this parliament implemented the 85th amendment, 2001, and added the
term Consequential seniority in Article 16(4 A).
● 77th and 85th amendments were challenged in M Nagraj case 2007.
○ The court held that both amendments are valid but to implement reservation in the promotion the State
should ensure the following guidelines:
■ Quantifiable data is required
■ Committee report to support reservation
■ Ensure administrative efficiency of the department by promoting deserving candidates

Note:
Catch Up Rule: Under this rule, the general category candidates would regain their seniority once he is promoted
after the promotion of reserve candidates.

Jarnail Singh Case 2018:

● The court held that reservation in promotion is a valid concept and no committee is required to implement it, the
State can decide on its own.
● The court also held that the creamy layer should be applicable to SCs and STs (currently only OBCs have a
creamy layer concept) and the advanced sections within SC and ST should be kept outside reservation.
● While promoting, one should ensure that efficiency is maintained and the deserving candidate should be promoted.
● The court also directed the State to ensure a data-to-back reservation and follow the directions given under Article
335.
○ Article 335 talks about reservation for SC, ST in jobs while maintaining the efficiency of
administration.

B K Pavitra Case, 2019:

● The Court upheld that reservation in promotion is a valid concept and does not violate Article 14 (Right to
Equality). It is a means to ensure substantiated equality and social justice.

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Backlog Rule / Carry Forward Rule:
● Parliament implemented the 81st amendment, in 2000 and added Article 16(4B) to implement the Carry
Forward Rule in the Constitution. This amendment was done after Indra Sawhney's Judgement.
○ The amendment allowed reservation in promotion to breach the 50% ceiling set on regular
reservations.
● It means that unfilled vacancies of reserved categories should not be transferred to the general category and
should be advertised in the next recruitment cycle though in Devdasan case court struck down the rule because
it crosses 50% ceiling mark

OBC Reservation in India:

● After the Kelkar Committee and Mandal Commission, it was proposed that the other backward classes (OBCs)
be provided reservation as it was ascertained that there are some 52% of the population under OBC.
● V P Mandal also proposed reservations for economically weaker sections (EWS).
● After 1990s: OBC + EWS reservation was introduced. This was later challenged in the Indra Sawhney case in
1992.
Indra Sawhney Case, 1992:
● Facts About the Case:
○ The government implemented OBC reservation for some 3743 Socially Economically Backward Classes
(SEBC).
○ 27% reservation was recommended for the OBCs. EWS reservation was also recommended.
● Court held that:
○ OBC reservation is valid.
○ Caste cannot be the sole basis for reservation. This meant that class-based reservation was allowed.
○ Reservation cannot exceed 50% cap in total.
○ EWS reservation is not valid, (because the Constitution does not talk about the economic backwardness
criteria, rather it talks about socially and educationally backward criteria). Hence, the Court allowed OBC
reservation based on the creamy layer concept.
● Thus, two lists of OBCs were created.
● Central list
● State list

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Lecture 06: OBC Reservation, Creamy Layer
OBC Reservation in India:
● Kaka Kalelkar committee and Mandal commission proposed OBC reservation, hence the government in the 1990s
implemented OBC reservation.

Indra Sawhney Judgement, 1992

● Court held that:
○ OBC reservation is valid.
○ A creamy layer should be implemented.
○ Reservation on economic grounds is unconstitutional.
○ 50% cap in reservation
○ No reservation in promotion
○ Carry forward rule for unfilled vacancies

What is a creamy layer?

● The term creamy layer means that candidates who have received the benefit of reservation be moved to the general
category.
Criteria of Creamy Layer:

Government Category (rank based) Private (income based)

● If either of the parents is in a constitutional post. ● Annual Income above 8 lakhs is OBC-creamy layer (but
● Either parent is a Group A officer. agriculture income or salary of private employees is not
included)
● Both the parents are Group B officers.
*[This 8 lakhs criteria is subject to revision]
● Either parent is promoted to Group A before the
age of 40 years. ● 8 lakhs (3 year average income is considered).

● Children of Colonel or above in Army and similar

ranks in Navy or Airforce

OBC Reservation in Panchayats:

● It was originally not provided at Panchayat level, but later on courts in various judgements implemented it through
triple test.
● The Supreme Court in Krishnamurthy judgment, 2010 has held that reservation in local bodies can only be
granted through the triple test formula.

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Triple Test Formula:
● This test consists of three important points:
○ Ensure that SC/ST/OBC reservation should not exceed the 50% limit.
○ A dedicated commission should be constituted to identify the level of backwardness of the caste.
○ The quantum of reservation should be as per the percentage of population.
○ In 2021, the Supreme Court while relying upon the triple test formula allowed OBC reservation in
Madhya Pradesh and Maharashtra

Socio Economic Caste Census (SECC):

● It is an exercise to identify the socio-economic backwardness in the country. This census has not been done since
1931. Though done in 2011, it was never published.
● Currently, there has been a demand for a socio-economic caste census.
Benefits of Caste Census:
● Helps in better policy formulation.
● Removes inequalities.
● Ensures the welfare of people.
● Excludes irrelevant castes, and will include new relevant castes (rationalizing of the caste).
● Also fulfills the objective of Article 340 of the constitution.
● Targeted benefits are delivered.
Issues with the Census:
● It will lead to further politicization of caste in the country.
● It can give rise to identity-based politics.
● It will give an upper hand to the ruling government.
Hence, the socio economic caste census is good if it is done for social upliftment of the people.
Sub Categorization of OBC (Justice G. Rohini Commission, 2018):
● Under this concept caste would be divided in a manner to ensure benefits to all. On 1 August 2024, in State of
Punjab v Davinder Singh, a seven-judge bench of the Supreme Court upheld the constitutional validity of sub-
classification in the Scheduled Caste and Scheduled Tribe categories.
○ In doing so, the majority overruled the five-judge bench decision in E.V. Chinnaiah v State of Andhra
Pradesh.

Facts:
● Around 983 castes which constitute 37% of OBC have zero representation in government jobs. Some 994
OBC have got 2.6% reservations. 25% of communities of OBCs have taken 95% of reservation benefits.
● Note: Government is also considering a subcategorization of SCs.

Maratha Reservation:
● The government of Maharashtra, in 2015-16, had promised that on coming into power, they will implement
reservations for the Maratha community. However, giving reservations to Marathas would have breached the 50%
quota.

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● The Maharashtra government ideally implemented this reservation for Marathas. For this purpose, the
government formed a Gaikwad commission that would suggest the reason behind the reservation.
○ But it was to be implemented in two scenarios: Education and Jobs. This commission recommended
reservations for Marathas up to 12-13%. This was, later, challenged in the Mumbai High Court.
● The court said that the Maharashtra government has the power to give reservations to the Maratha community as
they are backward in nature. The court mentioned that only in special circumstances the government can give
reservations to Marathas.
○ Hence, Maratha reservation was allowed which was later challenged in the Supreme Court.
Stand of the Supreme Court:
● The Supreme Court rejected the Maratha Reservation as.
○ It breached the 50% limit.
○ The States do not have the authority to amend the State list for OBC reservation (by virtue of the 102nd
Amendment Act 2018).

102nd Amendment Act:

● Added Article 338B: It constitutionalized the National Commission for Backward Classes (NCBC).
● It also inserted Article 342 A: President has the power to add or remove any caste from the Backward Class list.
(For this, the President would have to consult the Governor after which it is to be notified which backward class
has been added to the list).
● Article 366 (26 C): NCBC means backward class notified under Article 342A.

Vertical and Horizontal reservation:

● The term vertical means that verticals are created as separate classes or categories. For example: SCs, STs, OBCs,
EWS.
● Whereas Horizontal reservation means reservation within reservation. For example: Women reservation, PWDs,
and Transgenders reservation.
EWS Reservation:
● Parliament, by 103rd Amendment 2019, amended the Constitution and added Article 15 (6) and Article 16 (6)
which assured 10% reservation to the economically weaker general category of citizens (nowhere in the
constitution, economic backwardness has been mentioned as the criteria for the reservation).
● Criteria for EWS:
○ Annual family income less than 8 lakhs.
○ Farm Land less than 5 acres.
○ House less than 1000 sq. feet in a metro city and 100 sq. yard in notified municipal area.
Janahit Abhiyan Case 2022:
● In Janhit Abhiyan v. Union of India (2022), the Supreme Court of India upheld the constitutional validity of the
Constitution (One Hundred and Third Amendment) Act, 2019 that introduced reservations for the Economically
Weaker Sections (EWS) of society.

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Lecture 07: Article 17-19
Difference between Article 15 and Article 16
● Both 15 and 16 provide equality to its citizens, under Article 15 discrimination is allowed on the grounds of domicile
and residence whereas under Article 16 it is not allowed.
○ The Supreme Court in D.P Joshi case held that domicile reservation, especially in educational institutions,
is not the violation of Article 15 because there is a difference between ‘place of birth’ and ‘place of
residence’.
■ The Court ruled that Domicile or status of residence is a fluid concept that can change from time
to time, unlike place of birth, which is fixed.
○ In the Ragunandan Rao case, the court held that compulsory regional language test for state pcs is not
against Article 15 and state governments can implement regional language as eligibility criteriaas of the
selection process.
○ In the Pradeep Jain case, (1984) the Court held that reservations in employment based on the "Son of the
Soil" theory are unconstitutional, asserting that this theory violates Article 16, upholding the principle of
equality under Article 16.
○ Allahabad High Court in 2019 held that reservation in jobs for women category is invalid.
○ The Uttarakhand High Court upheld reservations for locals in Group C and D government jobs, citing
regional developmental concerns, though this has sparked debates about its constitutional validity.

Equality: USA v/s India

● The US Constitution allows equal protection of law whereas in India constitution provides both equal protection of
law and equality before law.
● The USA policies are based upon racial discrimination whereas Indian policies are based upon socio -economic and
educational injustice.
● USA courts have always given primacy to individual rights whereas Indian courts have balanced individual rights
with group rights.
● The USA focuses on political and civil equality whereas India focuses on social and economic equality.
● The USA does not focus on redistribution of resources whereas India focuses on redistribution of resources.
○ Hence it can be said that depending upon our unique histories both nations implemented equality as per
their needs.

Article 17 (Untouchability):
● Untouchability in any form is illegal in India. The parliament has the authority to ensure that such practices should
be punished. However, it does not define what Untouchability is.
● Steps of Parliament:
○ In 1955 Parliament passed the Protection of Civil Rights Act to stop this practice.
○ Similarly, SC, ST Prevention of Atrocities Act of 1989 was passed.
○ Prohibition of Manual Scavenging Act 2013

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● Supreme Court Judgements:
○ In the Asiad Village Case 1982, the court held that mistreating scheduled caste workers and paying them
less salary would amount to Untouchability (Paying them low wages) (During the Asian Games).
○ In the Appa Balu case court held that untouchability is a criminal offense
○ In the Sabarimala case, the Court held that not allowing menstruating women in temples is untouchable.
○ In the state of Gujarat, the court held that practicing manual scavenging is a violation of human rights and
dignity.
Article 18:
● Article 18 talks about the Abolition of Titles. The titles are basically used or given to differentiate between the
upper section of society and the lower section of society.
○ During the British empire, titles like Khan Bahadur, Rai Bahadur, Zamindar, etc, were awarded to the
Indian people who were faithful to the British empire.
■ So, the Constituent Assembly inserted Article 18 to abolish such titles and establish equality in
society.
● Article 18(1) abolishes titles of citizens or foreigners but allows military and academic distinctions.
● Article 18(2) states that no citizen is allowed to accept any title from a foreign State.
● Article 18(3), states that no person who is not a citizen of India shall, while he holds any office of profit or trust
under the State, accept without the consent of the President any title from any foreign State.
● Article 18(4) states that no person holding any office of profit or trust under the State shall, without the consent of
the President, accept any present, emolument, or office of any kind from or under any foreign State.
Tosh Khana
● Tosh Khana is a treasury under the Ministry of External Affairs, which maintains the exceptional gifts or gifts
above 5000 rupees received by government functionaries abroad.
● Animals presented would be handed over to the army for sale or to the nearest zoo.
Balaji Raghavan Case, 1995:
● The court held Bharat Ratna, and Padmashree are mere National awards and not titles in the constitutional
sense as they do not confer any hereditary privileges or precedence.
○ Hence recipients can not prefix or suffix them in the name. Bharat Ratna was discontinued from 1977 to
1980 and similarly from 1993-97.

Right to Freedom:
● Article 19: Freedom of speech and expression
● Article 20: Protection against acquisition of offense.
● Article 21: Right to life and liberty
● Article 22: Protection against arrest and preventive detention.
Article 19 (Freedom of Speech and Expression):
● It is a subset of life and personal liberty. It consists of six freedoms which are not absolute in nature. It provides
the citizens the freedom of speech and expression.

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Right Restriction

● Article 19 (1) (a): Freedom of speech and expression. ● Article 19 (2)

● Article 19 (1) (b): Assemble peacefully without arms. ● Article 19 (3)

● Article 19 (1) (c): Right to form associations, unions, and ● Article 19(4)
cooperatives (97th Amendment 2011).

● Article 19 (1) (d): Right to move freely within Indian territory. ● Article 19(5)

● Article 19 (1) (e): Right to settle in any part of the country. ● Article 19(5)

● Article 19 (1) (f): Right to property (deleted). ●

● Article 19 (1) (g): It provides for freedom of trade and ● Article 19(6)
profession.

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Lecture 08: Article 19
Article 19 (Freedom of Speech and Expression):
● The idea was given to ensure the development of human faculties but this article is restricted by Article 19(2).
● In 1950, Art 19(2) denoted restriction on speech and expression. Hence the Supreme Court in Brijbhushan and
Romesh Thapar Case, 1950, held that restrictions should be reasonable in nature.
○ In this case, the court allowed the circulation of news publications because the freedom of the press
was ascertained as an important right, without this freedom, the democracy in the country would be
compromised.
○ The court ruled that Article 19(2) should be applied in a reasonable manner, and any limitations imposed
should also be reasonable restrictions.
○ In response to this judgment, parliament brought the 1st Amendment Act and amended Article 19(2) by
inserting “reasonable" word before restriction.
○ Currently, Art 19(1)(a) can be restricted on following grounds :
■ Sovereignty and Integrity of State (by 16th Amendment 1963)
■ Security of state
■ Public order
■ Friendly relations with Foreign States
■ Decency or morality
■ Defamation
■ Contempt of Court
■ Incitement of offense
Rights of Media
● Sakal Papers Case 1961: In this case, the court held that the publication of newspapers is a fundamental right
under Article 19.
○ The citizen can propagate either orally or by writing and hence the right to propagate comes under the ambit
of the Right to Freedom of Speech and Expression. But, the government can regulate it in a reasonable
means.
● Bennett Coleman Case 1973: Under this court held that freedom of the press amounts to a fundamental right
under Article 19. Hence this newspaper import control order hampers the liberty of newspapers, hence the court
dismissed this import control order.
● Indian Express Newspaper 1986: The court held freedom of media is an essential right under Article 19. The
court also ordered the central government to reconsider the tax policy imposed on the newsprint.
○ It also declared that the imposition of tax on the newspapers did not violate the freedom of speech and
expression of the press.

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● Maneka Gandhi Case, 1978: The Court held that democracy is based upon free speech so the government should
ensure it in all possible means.
Hence, from the above cases, it can be identified that freedom of speech is sine-quo-none (essential) of democracy.
Doctrine of Chilling Effect:
● Free speech is Sine Qua Non (essential) of a democratic society. The concept of free speech is an important part of
the democratic constitution, so the state should try to protect such rights.
○ When the state encroaches upon the free speech of citizens, it is called a Chilling Effect.
● The Court of the US in 1965 propounded the idea of ‘Chilling Effect’, which means the state through various
Anachronistic/ Victorian Era laws indirectly interfere into our fundamental rights.
● The SC of India has held that the age-old laws of the Indian government which also encroaches the rights of the
people shall be called as Chilling Effect Laws.

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Lecture 09: Article 19 (Part 02)
Chilling Effect In India:
Sedition Law (Section 124 A/ IPC):
● It was introduced by the Britishers in 1870. The term “Sedition” means any one who tries to bring hatred
(disaffection) against the government, or state by speech, written words or actions, or through financial, and
electronic means shall be punished with imprisonment for life, to which fine may be added, or with
imprisonment which may extend to three years, to which fine may be added, or with fine.
● Recently, Bhartiya Nyaya Sanhita (BNS) re-introduced the sedition (any comment against on government, or
administration in a legal manner is not sedition).
Supreme Court Cases on Sedition:
● Kedarnath Case 1962: The court held that a citizen has a right to say whatever he likes about the government or
criticize the government. But he should not incite (provoke) violence.
● P. A. Alavi Case 1982: The court held that mere raising slogans does not amount to sedition.
● In 2018, the National Crime Record Bureau (NCRB) highlighted that law has been widely misused, and hence
the Supreme Court in 2022 asked the state to withhold this law.
Law of Defamation:
● Section 356 of Bhartiya Nyaya Sanhita (BNS) talks about defamation as a criminal offense. Defamation means,
harming somone’s reputation through spoken words, gestures, or written statement is defamation
(Punishment upto 2 years).
● Defamation is of two kinds:
○ Libel: Defamation by writing or publication.
○ Slander: Defamation by words or speaking.
● In India, both libel and slander are punished. Also, it is both a civil and a criminal offense.
○ Civil offense means only compensation, no punishment.
○ Criminal offense means jail punishment as well as fine charges.
● The misuse of this law amounts to a chilling effect on freedom of speech. In a defamation offense, truth is the
only defence.
Contempt of Courts Act 1971:
● The term contempt means where a person tries to:
○ Scandalize or lower the dignity of the court.
○ Interferes or stops the working of court.
● A person, under the act, can be booked or charged for the contempt offense. Civil contempt is when the person is
not following the orders or decree (judgment) of the court.
● The objective of this law was to ensure that the decisions of court are well followed and its dignity is
secured.

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● But over the time this law has been misused by the judiciary to curb the dissenting voices.
How is Contempt of Court Proceedings initiated?
● The court can suo-moto initiate proceedings of contempt. The proceedings may also be initiated based on the
direction of the Attorney General under contempt law.
○ Note: Punishment for contempt of court may include: up to six months imprisonment, a fine, or both
imprisonment and a fine.
Section 66 A of IT Act, 2000:
● It was introduced to regulate Information Technology in the country. Section 66 A made sending offensive
information, a punishable offense.
● The Supreme Court in 2015 struck it down in the Shreya Singhal v. Union of India case, calling it
unconstitutional for violating Article 19(1)(a) (freedom of speech). The court noted its vagueness and potential for
misuse.
What is Orwellian state?
● Orwellian state means state in which the citizens are controlled through a totalitarian regime. This state is
marked by:
○ Totalitarian
○ Suppression of free speech
○ Propaganda, and misinformation
○ Absence of privacy
○ Following cult of personality

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Lecture 10: Article 19 and 20
Article 19 (1)(a): Freedom of Speech and Expression
● The Supreme Court under various judgments upheld freedom of speech to include propagating views, press
freedom, commercial ads, telecast rights, protection against phone tapping, etc.
Article 19 (1)(a): Right to Remain Silent
● The Supreme Court has recognized the right to remain silent as an integral part of the fundamental right to freedom
of speech and expression under Article 19(1)(a) of the Constitution.
● National Anthem Case (Bijoe Emmanuel Case, 1986):
○ The Supreme Court held that the right to remain silent also means freedom of speech and expression.
○ The Court held that students refusing to sing the national anthem on grounds of personal beliefs cannot
be compelled to do so, as their silence does not show disrespect but falls under the protection of Article
19.
Article 19 (1)(a): Right to Internet
● In the Faheema Shirin Case (2019), the Kerala High Court declared the Right to Internet as a fundamental right
under Article 21 of the Constitution.
○ Note: Until the Supreme Court overturns the High Court's decision, it serves as a reference for other courts
across the country.
● Supreme Court in the Anuradha Bhasin Case (2020):
○ The case challenged the internet ban in Jammu & Kashmir after the abrogation of Article 370.
○ The Supreme Court held that the Right to Internet is protected under Article 19(1)(a) and Article
19(1)(g) (right to practice any profession or carry out any trade, business, or occupation).
○ Further, the court also held that the restrictions on this right must comply with Article 19(2) and 19(6),
ensuring they are reasonable and proportionate.
Hate Speech:
● The term "Hate Speech" lacks a clear definition in Indian law.
● Section 196 of the BNS (Bhartiya Nyaya Sanhota) addresses promoting enmity and disharmony among religious
groups but does not fully define hate speech.
● The 267th Law Commission report emphasized the need for a proper definition, suggesting that hate speech
defintion should include expressions inciting hatred against religious communities, ethnic groups, or genders.
● Supreme Court Judgements:
○ In Amish Devgan Case, 2020, the Court held that the problem of hate speech can be tested on following
grounds:
■ Intention of Speaker
■ Impact of Speech
○ In Pravasi Sangathan Case, 2014, the Court held that hate speech is serious threat to society hence law
commission should propose amendment to it.
Morality and Decency Under Article 19(2):
● Article 19(1)(a) guarantees freedom of speech but includes restrictions on morality and decency, especially in
cinematic expressions.
● The term decency and morality has not been defined in the constitution, so the Supreme Court has used legal
standards to check the obscenity through cinema.
● Legal Tests for Obscenity:
○ Hicklin Test: A traditional approach assessing whether content can corrupt young minds.
○ Miller Test: A modern approach defining obscenity based on community standards.

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● In Ramchandra Case (2015) and Sarkar Case (2014): The Supreme Court favored the Miller Test for obscenity
assessment in India.
● In a PIL against OTTs (2020), the court highlighted that we need to balance freedom of speech and expression
along with socio-cultural standards.
Article 19 (1)(b):
● It guarantees citizens the right to peaceful assembly without arms.
● Fundamental Rights under article 19(1)(b) has ensured democratic right of public meeting, procession, assembly
etc.
● This right is subject to restrictions under Article 19(3) in the interest of public order, sovereignty, and integrity
of India.
● Supreme Court Rulings:
○ Farm Laws Case: The right to protest can be enjoyed only till it is peaceful in nature.
○ Ram Lila Maidan Case (2012): The Supreme Court held that during peaceful assembly police intervention
must be on reasonable grounds.
○ Shaheen Bagh Case: The Court held that right to protest is a fundamental right but it cannot disrupt the
use of public spaces.
● Article 19(1)(b) empowers citizens to express opinions and dissent, forming a cornerstone of democracy.
Article 19(1)(c):
● Right to form unions, associations, and cooperatives is provided under Article 19(1)(c) of the Constitution.
● Reasonable Restrictions under Article 19(4): The government can impose restrictions on this right in the interest
of:
○ Public order
○ Morality
○ Sovereignty and integrity of India
● Strikes, Lockouts, and Bandhs are not considered fundamental rights under Article 19(1)(c). They may be
subject to legal and regulatory frameworks outside of constitutional protection.
● ESMA (Essential Services Maintenance Act) ensures that essential services are always available to the citizens
even during strikes or other forms of protest, safeguarding citizens' welfare.
Article 19(1)(d):
● Article 19(1)(d) guarantees the freedom to move freely throughout the territory of India.
● Restrictions under Article 19(5): This freedom is subject to reasonable restrictions in the interest of:
○ General Public: To ensure public order, health, and safety.
○ Scheduled Tribes (STs): To protect their cultural and social rights.
■ Example: Inner Line Permit (ILP): Mandatory for non-residents entering states like Arunachal
Pradesh, Manipur, Mizoram, and Nagaland to safeguard tribal communities.
● The court in various cases has held that Article 19(1)(d) can be restricted on the grounds of health and morality.
○ Example: The Supreme Court restricted the movement of an AIDS patient in the interest of public health.
Article 19(1)(e):
● It provides the freedom to reside and settle in any part of India.
● Restrictions Under Article 19(5): This freedom is subject to reasonable restrictions in the interest of:
○ General Public: To ensure public order, health, and safety.
○ Scheduled Tribes (STs): To protect their cultural and social rights.

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Lecture 11: Articles 19 and 20 (Part 02)
Policies of Tribal Integration:
● Isolationist: The policy, proposed by Elvin, included separation from the mainland and no integration with it. It
was rejected for security reasons.
● Assimitionalist: It was given by Ghure which includes assimilation of tribal people with non tribal people. It was
rejected due to security and identity reasons.
● Integrationist: This policy was given by Nehru which includes integration of tribal people in India with greater
autonomy. It was adopted by India under Article 19(5) and the Tribal Panchsheel Policy.
Article 19(1)(g):
● Freedom of trade, profession, and occupation.
● Citizens have fundamental rights to pursue trade and the profession of their choice.
● 19(6): This right comes with restrictions, such as the requirement of technical and professional knowledge and
licensing norms by the government of India.
○ Restrictions also include state monopolies or regulating the profession in the public interest, such as the ban
on liquor in Bihar.
Meaning of Freedom:
● The term freedom means the absence of restrictions to use these rights. At the same time, the state should respect
these rights.
● It was taken from the US Constitution that the assembly wanted the term freedom should be preferred over liberty
because it would ensure zero ambiguity in the enjoyment of these rights.
● Ambedkar wanted that the term freedom should give clear and specific rights to citizens and there should be
flexibility in these rights.
Freedom vs Liberty:
● The term freedom means absolute enjoyment of any right without any restraints whereas liberty means
responsibility.
● Freedom with restrictions is liberty.
Article 20: Protection during Conviction for Offences
● Principle of natural justice: According to the principle of natural justice everyone is innocent until proven guilty.
● It is a product of the idea of natural justice that denotes that every person should get a fair opportunity to present
his case. Under English law, this concept has two principles
○ No one should be tried unheard
○ No one shall be judge in his own case
● Article 20(1): Ex post facto laws
● Article 20(2): Double jeopardy
● Article 20(3): Protection against self-incrimination
● 20(1) Ex post facto laws:
○ It says that a person should be protected from the proceedings for offence, which during his action was
not an action.
○ The term ex post facto means that a person should not be made criminal after the action/ fact (in action not
in offence).

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○ No person shall be convicted of any offense except for violation of a law in force at the time of the
commission of the act charged as an offense, nor be subjected to a penalty greater than that which might
have been inflicted under the law in force at the time of the commission of the offence.
■ For example, on 30 September stealing is not an offence or 2 years punishment. On 12 September
I stole a pen but from 15 September stealing a pen is a crime or 5 years punishment. Then according
to article 20(1) stealing a pen on 12 September is not a crime.
○ This concept highlights that criminal laws can not be implemented retrospectively whereas civil laws
can be implemented retrospectively.
● 20(2) Autrefois Acquit or Double jeopardy:
○ The term autrefois acquit means formally acquitted.
○ It refers to the principle of double jeopardy which means that No person shall be prosecuted and punished
for the same offence more than once.
○ This protects a person from any such punishment which takes away his liberty.
○ In the Venkataraman case, the court held that double jeopardy is a valid principle in India. In the same
case, the court also held that departmental proceedings are not judicial trials hence criminal prosecution is
not double jeopardy.
○ In Thomas Dana case court held a person tried under customs law can not be tried under criminal
law.
● 20(3) Protection against self-incrimination:
○ Self-incrimination: Self-incrimination is the act of exposing oneself to criminal prosecution by making
statements or providing evidence that suggests or proves one's involvement in a crime. It occurs when an
individual, either voluntarily or involuntarily, offers informatio n that could be used against him.
○ It says that a person accused of any offence shall not be a witness against himself.
○ It is a protection against testimonial compulsion that police can not force anyone to admit his crime.
○ Exceptions:
■ Article 20(3) will not apply to DNA testing, thumb impression, blood samples, hand wring, etc,
■ In the Nandini Sathapathy case, court held that the police should take the following steps during
the investigation
● The accused has the right to remain silent
● He must be informed about his right under Article 20(3)
● He should be provided with legal help
● Women accused should not be called at the police station for investigation
Narco Analysis:
● Narco analysis is a technique used in forensic investigations where a person is administered a psychoactive drug
(often sodium pentothal or scopolamine) to induce a trance-like state in which they are more likely to reveal
information or speak freely.
● Techniques used in narco analysis such as brain mapping, narco, and polygraph.
● In the Selvi Case (2010), the court held that such a test can be done only on the consent basis of the criminal or
with the permission of a subordinate court.
● The court held that such cases are against Article 20(3).
● The US, Canada, and Britain have banned narco analysis.

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Lecture 12: Article 21
Article 20(3):
● The UN Convention on Torture puts up a restriction to use torture as a tool. India has not ratified the treaty
though signed it.
● Supreme Court in D.K Basu Case has laid down the guidelines to prevent custodial torture. The Court also held
that police should restrain to use torture as tool, because it is against Art 20(3).

NOTE: Article 19 is the most fragile right in the Constitution because it gets suspended very easily by the government.

Article 21:
● It says that “no person shall be deprived of his life or personal liberty except procedure established by law”.
● This article is inspired from the fifth amendment of the American Constitution and is available to both citizens
and non-citizens.
● The term ‘life’ is not defined in the Constitution, hence SC in the Kharak Singh Case 1963, held that the term
‘life’ means “life with dignity” and not mere animal existence rather a qualitative life.
What is personal liberty?
● The court held that personal liberty is a comprehensive term and requires a person to be free from physical
restraints.
What is Procedure Established by Law?
● In A.K Gopalan Case, 1950, the court held that Parliament has power to pass a law of preventive detention as
per procedure established by law. Therefore, the arrest of A.K Gopalan was justified.
● This was a narrow approach of the Court while interpreting Art 21 of the Constitution.
Bank Nationalization Case, 1969:
● It is also called the RC Cooper Case.
● The Court held that Parliament should also focus on due process of law while passing the laws.
ADM Jabalpur Case 1976 (Habeas Corpus):
● In this case, the court held that during national emergency fundamental rights cannot be claimed and hence,
procedure established by law was upheld.

Extra Information :
● The petitions, before the court, came with respect to preventive arrest under various laws like MISA (Maintenance
of Internal Security Act 1971).
● In this case, the court held that the writ of habeas corpus is suspended and emergency is the product of
procedure established by law, hence Parliament during emergency can suspend fundamental rights.
● The court relied on the principle of procedure established by law and hence the law made by Parliament cannot
be questioned.
● Justice Chandrachud held that Article 21 is the repository of life and liberty.
● But the Court refused to issue any writ of habeas corpus on the pretext that fundamental rights have been suspended
due to an emergency.
● But Justice HR Khanna in a dissenting voice held that in any situation right to life and personal liberty cannot
be taken away in any circumstances.
● This was also called the black day for the judiciary.

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Lecture 13: Article 21 (Part 02)
Maneka Gandhi Case, 1978:
● The concept of due process was implemented which ensured that the law of parliament should be just fair, and
reasonable. Hence the idea of the golden triangle of rights was evolved.
● Any law made by the Parliament should stand the test of Articles 14, 19, and 21, or the principle of fairness,
justness, or natural justice.
● The court held that it is the duty of the Parliament to follow Due Process of Law.
Due Process of Law, and Procedure Established by Law:
● Procedure established by law ensures that a procedure is followed while making the law, and its reasonableness,
and justiness should not be questioned. Whereas, under the due process of law, the law of Parliament tested
for fair, and reasonable grounds.
● On one hand, the procedure established by law makes Parliament over the powerful, and due process of law
results in judicial overreach.
● Hence in India, both doctrines are followed.
The procedure established by Law Cases:
● In Rajbala Case, 2015 the Court held that the eligibility criteria for contesting the Panchayat election is not
against Fundamental Rights under Article 14. Hence should be allowed. Whereas, the Court of Justice
Puttaswamy Case, 2017 implemented due process of law and gave birth to the Right to Privacy.
Expansion of Right to Life:
● Right to Livelihood: Protection against deprivation of employment crucial for dignified living.
● Right to Pavement Dwellers: Recognized shelter rights for urban homeless without arbitrary eviction.
● Right to Clean Environment: Ensures pollution-free air, water, and ecological balance for health.
● Right Against Handcuffing: Prohibits arbitrary handcuffing, safeguarding human dignity and personal liberty.
Right to Be Forgotten:
● Allows individuals to request the removal of personal data from public domains. Delhi High Court in the Zorawar
Singh Mundi case made it right under article 21.
Right to Life Means Right to Death:
● In P.Rathinam's case, 1994 the court held that the Right to life means the Right to death. Whereas, in the Gian
Kaur Case, 1996 the court held that the Right to life does not mean the Right to Death (Hence section 309 was
held valid).
● In the Mental Healthcare Act, the Parliament supports people committing suicide.
● In Bhartiya Nyaya Sanhita, The Parliament decriminalizes suicide, but section 224 makes suicide, an offense
if done to restrain, or compel public servant for their duty.

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Euthanasia (Good Death):
● The term ‘Euthanasia’ means a person seeks to end his life deliberately.
● It means the act of taking away life to relieve suffering.
● Active Euthanasia means taking someone’s life by giving him some lethal injection.
● Passive Euthanasia is killing someone by withdrawing the medical support of a terminally ill person.
● In the Aruna Shanbaug Case (2011), the court held that individuals have the right to die with dignity, but
Aruna Shanbaug can not be given euthanasia due to medical reasons.
● After the Shanbaug case, the Supreme Court, in 2018, came up with a second judgment in the Common Cause
case (2018), where the Court came up with the concept of “living will” for passive euthanasia.
● Passive euthanasia is legally permitted in India under strict regulations.
● Guidelines For Living Bill:
○ Signed, and attested by individuals during sound mental health.
○ Approved by the District Magistrate during implementation.
○ In case the living bill is not there, the close relatives can reach the court.
Capital Punishment (Death Penalty):
● Justice system: There are three different stages:
○ Retributive (eye for an eye)
○ Reformative (should be given a chance for reform)
○ Restorative (restoring the peace)
● The capital punishment is a concept of Retributive Justice.
● Bachchan Singh Case, 1980: The Court held that the death penalty is constitutional, but should be allowed in the
rarest of the rare case. Hence it introduced the principle of imprisonment as a rule, and the death penalty is
an exception.
● In the 1994 Macchi Singh case, the court outlined guidelines for applying the Rarest of the Rare Doctrine,
including:
○ Heinous Motive: The crime was driven by an exceptionally depraved intent.
○ Magnitude of Offense: The scale and impact of the crime were extreme.
○ Brutality: The act was executed in an exceptionally cruel manner.
○ Victim’s Condition: The vulnerability or helplessness of the victim was exploited.
● In the Mukul Rohatgi case 2021, the court held that the Rarest of the Rare Doctrine should be used in an
inconsistent manner to ensure justice.

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Lecture 14: Article 22-25
Right to Clean Environment:
● The Right to a Clean and Healthy Environment is an extension of Article 21 of the Indian Constitution, ensuring
the right to a dignified life. Additionally, Directive Principles of State Policy (DPSP) under Article 48A direct the
state to protect and improve the environment and safeguard forests and wildlife.
● Key Case Laws:
○ Rural Litigation and Entitlement Kendra (RLEK) Case, 1985:
■ The Supreme Court interpreted Article 21 to include the Right to a Healthy Environment.
■ It emphasized the state's duty to maintain ecological balance.
○ MC Mehta Case, 1986 (Oleum Gas Leak):
■ The court held that companies causing pollution are liable to compensate for damages.
■ Introduced the "Polluter Pays" principle.
○ MC Mehta Case, 1988:
■ The court ruled that the state has a duty to protect the environment and ensure its sustainability.
○ Vellore Citizens Welfare Forum Case, 1996:
■ The court highlighted the state's responsibility to protect the environment through effective laws.
■ Recognized the concept of Sustainable Development.
○ TN Godavarman Thirumulpad Case, 1998:
■ Directed the establishment of a Green Bench to deal with environmental matters.
■ Focused on the conservation and protection of forests.
○ MC Mehta Case, 1999:
■ The court ordered that public transport should use less-polluting fuels to reduce air pollution.

Green Bench:
● The term Green Bench is a judicial bench that focuses on the protection of the environment.
● This bench is basically a bench that is constituted by the Supreme Court to deal with the environmental issues in
the country.
● It usually sits on Fridays.

Article 22 - Protection against Arrest and Detention in Certain Cases:

● Article 22(1): A person who is arrested must be informed of the reason for their arrest and has the right to consult
a lawyer.
● Article 22(2): A person in custody must be presented before a judicial magistrate within 24 hours of arrest
(excluding travel time).
● Applicability: Article 22 does not generally apply to aliens or cases involving civil matters.
● Preventive Detention (Article 22(3)):
○ Protections under Articles 22(1) and 22(2) do not apply to cases of preventive detention.
○ For detention exceeding three months, approval must be obtained from an advisory board headed by a High
Court judge.
○ The detained individual must be given an opportunity to represent themselves.
○ Key Judicial Observations:
■ Prem Narayan Case, 2019: The court ruled that preventive detention laws are against personal
liberty and must be applied by the state in a reasonable manner.

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Preventive Detention:
● It refers to the detention of a person to prevent them from committing a potential offense or to maintain public
order.
● India is the only democratic country that has constitutionalized preventive detention.
● Issues and Challenges of Preventive Detention:
○ Misuse of Law: Preventive detention is often used arbitrarily by authorities.
○ Violation of Fundamental Rights: It contradicts the fundamental rights guaranteed under the Constitution.
○ Abuse of Power: The potential for abuse by authorities undermines democratic principles.
○ Limited Judicial Oversight: Restrictions on judicial interference reduce checks and balances in its
application.
What is Bail?
● Bail is a legal mechanism that allows a person accused of a crime to be temporarily released from jail while awaiting
trial.
● Its primary aim is to balance the principles of criminal justice with the protection of individual liberty.
Types of Offences
● Compoundable Offences:
○ These are offences where the victim or complainant can settle the matter without the need for a court trial.
○ The parties involved have the option to reach an agreement and withdraw the case.
● Non-Compoundable Offences:
○ These offences are considered crimes against society and cannot be settled between the victim and the
accused.
○ Legal proceedings must continue, even if the victim is willing to forgive or settle.
Types of Bail
● Bailable Offences:
○ These are offences where the accused has the right to be granted bail.
○ The court usually grants bail as a matter of right, provided the person meets the bail conditions.
● Non-Bailable Offences:
○ In these cases, the accused does not have an automatic right to bail.
○ Bail is granted at the discretion of the court, which considers factors like the severity of the offence and
flight risk.
Cognizable and Non-Cognizable Offences
● Cognizable Offences:
○ These are serious offences where the police have the authority to arrest the accused without a warrant.
○ They can begin an investigation without court approval.
● Non-Cognizable Offences:
○ These are less serious offences where the police cannot arrest the accused without a warrant.
○ Investigation can only proceed with the approval of the court.

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Lecture 15: Article 23-26
Bail:
● Regular Bail:
○ This is granted to individuals who have already been arrested and are in custody.
○ The accused is allowed temporary release until the trial progresses.
● Anticipatory Bail:
○ This is granted before an arrest is made, anticipating that the person may be arrested in the future.
○ The person can seek bail if an arrest is likely due to the nature of the case.
● Interim Bail:
○ This is a temporary bail granted during the trial process.
○ It is given when the decision on regular or anticipatory bail has not yet been made, providing temporary
relief until the final order.
● Default Bail:
○ This is granted when the trial does not begin within a specified period.
○ For regular offences, bail can be granted if the trial does not start within 60 days, and for serious offences
like those punishable by death or a minimum of 10 years imprisonment, it applies if the trial does not begin
within 90 days.
● Purpose of Bail:
○ The mechanism of bail is introduced to uphold the principles of the criminal justice system, ensuring that
an individual is not unnecessarily deprived of liberty before the trial.
● Key Court Observations:
○ In the P. Chidambaram Case, the court held that "jail is an exception, and bail is the norm", emphasizing
the presumption of bail unless there are compelling reasons to deny it.
○ In the Narayan Sai Case, the court clarified that bail is not an automatic right but is subject to the court's
discretion based on the facts and circumstances of the case.
Article 21A - Right to Education:
● Article 21A was inserted into the Constitution through the 86th Amendment Act of 2002.
● It guarantees the right to free and compulsory education for children aged 6 to 14 years.
● Article 51A(k) was also introduced, making it a fundamental duty of parents or guardians to ensure their children
or wards attend school.
● Article 21A was inspired by Article 45 under the Directive Principles of State Policy (DPSPs), which aims to
provide early childhood care and education for children below 6 years of age
● To operationalize this right, the government enacted the Right to Education (RTE) Act in 2009.
Article 23 - Right Against Exploitation:
● Article 23 prohibits human trafficking, forced labor, and the practice of beggary.

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● Article 23(2) empowers the state to enforce compulsory services for public purposes.
● Such compulsory services cannot involve discrimination based on religion, race, caste, or class, although gender-
based distinctions are permitted.
● In the Bandhua Mukti Morcha Case (1984), the Supreme Court directed the government to eliminate bonded
labor and ensure equal and minimum wages for workers.
Article 24: Prohibition of Child Labour
● Article 24 prohibits the employment of children below 14 years of age in factories or hazardous occupations.
● The aim is to prioritize education over child labor.
● 2016 Amendment to Article 24:
○ Children aged 0-14 years are allowed to work in family enterprises but only after school hours.
○ Adolescents aged 14-18 years can work, but only in non-hazardous occupations.

Note:
Right to Information:
● In S.P Gupta Case court held that Information is the fundamental right under 19(1)(a) because it gives information
about the working of government.

Article 25 -28 (Freedom of Religion):

Article 25 Article 26 Article 27 Article 28

Freedom of conscience, To manage your religion as No tax on religious No religious direction in state
practice, and propagate per your choice. institutions. aided institutions.
freedom of choice.

Article 25:
● It guarantees a person the right to practice the religion as per his own choice but according to the restrictions
mentioned.
● Reasonable restrictions on this right:
○ Public order
○ Health
○ Morality
○ Other fundamental rights
● Dr. Bhimrao Ambedkar wanted Article 25 to ensure the Freedom and Liberty of an individual over the
community rights.
● He also wanted that in no case community rights should overpower individual rights.

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What is Religion:
● The term "religion" is not explicitly defined in the Indian Constitution.The Supreme Court has interpreted religion
as a matter of personal faith and belief.
● Article 25 guarantees the freedom to practice, profess, and propagate religion according to an individual's choice,
subject to public order, morality, and health.
Personal Laws
● Personal laws govern matters such as marriage, divorce, adoption, and succession.
● These laws are not uniformly codified by the Parliament and vary across communities.
● Example:
○ Sharia Law governs personal matters among Muslims in India.
Doctrine of Essentiality/ Doctrine of Essential Religious Practice:
● Dr. B.R. Ambedkar advocated that the state should have the power to intervene in religious matters to prevent
practices that violate Article 25 of the Constitution.
● To address this, the courts developed the Doctrine of Essentiality, a test to determine what constitutes an essential
religious practice.
Key Case Laws
● Shirur Mutt Case (1954):
○ The Supreme Court held that it is the duty of the court to identify which practices are essential to a religion.
○ The test includes two parameters:
■ The age of the practice: Practices followed since time immemorial are considered essential.
■ The role of the practice in the religion: For instance, rituals like Santhara or Sallekhana in
Jainism.
● Bijoy Emanuel Case:
○ The court ruled that freedom of religion is superior to the requirement of singing the national anthem.
○ It held that students could remain in school without singing the anthem if it conflicts with their faith.
● Dargah Committee Case:
○ The court declared that barring women from entering the inner sanctum of a shrine violated their
fundamental rights.
● Ismail Farooqi Case:
○ The court held that offering namaz in a mosque is not an essential religious practice of Islam.
● Anand Margi Case (1965):
○ The court ruled that the Tandava dance is not an essential practice of the Ananda Margi faith under
Hinduism.
○ Consequently, it banned the Shiv Tandava dance.
● Nikhil Soni Case (2015):
○ The court recognized Santhara (Sallekhana), a voluntary ritual fasting practice in Jainism, as an essential
religious practice.
● Shayara Bano Case (1986):
○ The Supreme Court declared instant triple talaq unconstitutional and not an essential religious practice of
Islam.
● Sabarimala Case:
○ The court examined the restriction on women's entry into the Sabarimala Temple in Kerala.

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○ By a 4:1 majority, it held the restriction unconstitutional, stating it violated fundamental rights of equality,
liberty, and religious freedom under Articles 14, 15, 17, 19(1), 20, 21, and 25(1).
○ The court also emphasized the principle of constitutional morality in its decision.
● Hijab Ban Case (2022):
○ The Karnataka High Court ruled that wearing the hijab is not an essential religious practice of Islam.
○ The Supreme Court delivered a split verdict (1:1): one judge upheld the ban as constitutional, while another
deemed it unconstitutional.
○ Earlier, in the Amnah Bint Basheer Case, the Kerala High Court allowed the wearing of the hijab, while in
the Fatima Case (2018), the same court emphasized the importance of adhering to a uniform dress code.
Constitutional Morality:
● Concept introduced by Dr. Ambedkar, emphasizing the core values and principles enshrined in the Constitution.
● It ensures the rule of law, social justice, equality, and diversity in society.
● Key Case Laws:
○ Navtej Johar Case (2018):
■ The court ruled that criminalizing homosexuality is against constitutional morality.
Other Relevant Cases
● Church of God Case:
○ The court held that Sunday prayers using loudspeakers or music systems are against public order.
● Azaan Case:
○ The court ruled that playing the azaan at high volumes in the early morning violates the health and well-
being of citizens.
Anti-Superstition Laws in India:
● According to data from the National Crime Records Bureau (NCRB), cases of witch hunting are on the rise in India.
● Various High Courts have emphasized the need for a central law to address the issue of witch hunting and protect
individuals from such superstitions.
● In response to this issue, states like Maharashtra, Chhattisgarh, and Odisha have enacted laws aimed at protecting
the fundamental rights of citizens and curbing witch hunting practices.
○ Maharashtra Prevention of Human Sacrifice Act:
■ This law seeks to eradicate dangerous practices like black magic and human sacrifices associated
with witch hunting.
○ Karnataka and Assam have also implemented similar laws to prevent and punish witch hunting, ensuring
that such superstitious practices are discouraged.
Challenges and Failures of Anti-Superstition Laws
● Wide Social Acceptance of Practices:
○ Many superstitious practices, including witch hunting, are deeply ingrained in certain communities, making
them socially accepted and difficult to eradicate.
● Lack of Scientific Thinking:
○ A lack of scientific awareness and rational thinking contributes to the persistence of superstitions, hindering
the effectiveness of anti-superstition laws.
● Lack of Awareness and Education:
○ Insufficient awareness and education about the harmful effects of superstitions and the legal provisions
against them undermine the implementation of these laws.

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Lecture 16: Article 28-30
Religious Conversions:
● There is no national legislation specifically prohibiting forced religious conversions.
● The Uttar Pradesh government enacted a law to criminalize forced conversions and make them a punishable
offence.
● Article 25 of the Indian Constitution allows individuals to propagate their religion but explicitly prohibits forced
conversions.
Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2020:
● The law was introduced to curb forced and fraudulent religious conversions.
● It was amended in 2024 to impose stricter penalties for fraudulent conversions.
Article 26:
● It grants individuals and religious denominations the freedom to manage their own religious affairs.
● This includes the right to:
○ Form and maintain religious trusts or institutions.
○ Regulate internal religious matters.
○ Own and administer property in accordance with the law.
● This freedom is subject to restrictions in the interest of public order, morality, and health.
Article 27:
● It ensures that no person is compelled to pay taxes specifically for the promotion or maintenance of any religion or
religious denomination.
● However, fees may be charged at religious sites for services or facilities provided.
Article 28: Freedom from Religious Instruction in Educational Institutions
● Article 28 ensures that no religious instruction is given in educational institutions funded by the state.
● The term "educational institutions" includes those that are:
○ Maintained by the state.
○ Recognized by the state.
○ Receiving funds from the state.
○ Administered by the state but established under any trust.
● In state-maintained institutions, religious instructions are not allowed.
● In state-recognized institutions receiving state funds, religious instructions are permitted only with the consent of
the individual.
● In institutions administered by the state but established under a trust, religious instructions are allowed.
● Notable Court Cases:
○ DAV College Case (1971): The Supreme Court ruled that teaching the life and teachings of Kabir and Guru
Nanak did not constitute promotion of any religion, and thus, such teachings were allowed under Article
28.
○ Aruna Roy Case (2002): The Court held that teaching religious philosophy and culture was permissible
under Article 28. It also emphasized that the concept of "religion" in India differs from the Western notion.
In India, "dharma" refers to the moral and ethical foundation of life, which promotes harmonious living.

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■ The Court reaffirmed that it is the state's duty to promote secularism and highlighted the distinction
between religious instruction (which involves promoting a specific religion) and religious
education (which involves learning the values of various religions).
Article 29 - Protection of Interests of Minorities:
● The Article applies to:
○ Any section of the citizens residing in the territory of India or any part thereof having a distinct language,
script, or culture of its own shall have the fundamental right to protect and conserve the same.
● Article 29(2) says that No citizen shall be discriminated against by the state while getting the aid and shall not be
denied in state institutions on the grounds of religion, race, caste and language or any of them.
● The rights under this Article are available to the citizens only.
● Thus, the Constitution does not define minorities but gives the idea of minorities based on the provisions of scripts,
language, and culture.
Difference between Article 15(1) and Article 29(2)

Article 15 (1) Article 29 (2)

This article prohibits discrimination on various grounds This article prohibits discrimination in educational institutions.
and for various purposes.

It is applicable to all citizens. It is applicable only for Minorities.

It applies to gender also It does not talk about sex or place of birth.

Who are Minorities?

● In Re Kerala Education Bill Case, 1958 the court held that any population which is less than 50% is minority.
Article 30: Right of Minorities to Establish Educational Institutions
● Article 30 grants minorities the right to establish and administer educational institutions to preserve their culture.
Minorities can be either linguistic or religious.
● Key Judicial Rulings:
○ St. Stephen’s College Case (1991): The Supreme Court held that minority colleges have the right to
establish and manage their institutions as per their choice. St. Stephen's College was allowed to reserve
50% of its seats for minority students.
● Article 30(2): The state is directed not to discriminate against educational institutions established by religious or
linguistic minorities.
How is minority status granted?
● National Commission on Minorities Act of 1992 notifies the minorities status in India.
● T.M.A. Pai Case (2002): The Supreme Court ruled that minority status should be determined based on the
population of a minority group within a state, not the entire country.

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AMU Case:
● Azeez Basha Case (1967):
○ The Supreme Court ruled that Aligarh Muslim University (AMU) could not claim minority status because
it was established by an Act of Parliament.
● Overturning of Azeez Basha (2024):
○ A seven-judge bench of the Supreme Court overturned the earlier ruling.
○ It held that AMU could be granted minority status if a regular bench applies the following three tests:
■ Establishment Test: The purpose for which the university was established.
■ Implementation Test: How funds were contributed or who donated the land.
■ Administration Test: Whether the administration is safeguarding the minority character of the
institution.
● The court emphasized that these criteria would be used to determine whether AMU qualifies as a minority
institution.
Waqf Board Act, 1995:
● The term Waqf means property dedicated in the name of god for religious and charitable purposes. It applies to
both movable or immovable property.
● Once the property comes under Waqf it cannot be sold or transferred rather would be used for the benefit of the
community.
● In 1995 the parliament passed an act to administer and establish the waqf administration. This act established the
central council and state boards. It also directed the periodic surveys of the property.
● Despite this act, there have been acquisitions against the waqf for encroaching the public land. To resolve this the
parliament introduced the wakf amendment bill 2024 which has now been given to a joint parliamentary committee
for further deliberation.

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Lecture 17: Article 31-35
Article 31:
● Article 31 was deleted by the 44th Amendment, and Article 300A was inserted to provide the right to property to
all persons.
● Article 31A:
○ Initially inserted by the First Amendment Act to enable states to acquire property in public interest.
○ It also allowed for the nationalization of industries and corporations in the public interest.
● Article 31B:
○ Added the Ninth Schedule to the Constitution.
○ It provided protection to laws passed by Parliament and state legislatures from judicial review, ensuring
these laws could not be challenged in court.
● Article 31C:
○ Inserted by the 25th Amendment Act.
○ It gave Parliament the power to implement the Directive Principles of State Policy (DPSPs) over
fundamental rights.
○ This article ensured that the provisions of Articles 39(b) and 39(c) could override Articles 14 (Right to
Equality) and 19 (Right to Freedom), with limited supremacy granted to the DPSPs.
Article 32:
● Article 32 provides the right to constitutional remedies by allowing individuals to directly approach the Supreme
Court if their fundamental rights are breached.
● Dr. B.R. Ambedkar referred to Article 32 as the "heart and soul" of the Constitution.
Writs under Article 32:
● Habeas Corpus:
○ This writ directs the authority to release a person who is illegally detained.
○ It can be filed by anyone, even if they are not directly connected to the detained person.
○ The writ ensures that no individual can be detained by either public or private authorities without lawful
justification.
○ Key Cases:
■ Sunil Batra Case (1979): The court held that this writ ensures the protection of detained
individuals.
■ ADM Jabalpur Case: The court ruled that Article 32 can be suspended during a national
emergency.
■ Puttaswamy Case: The court emphasized that fundamental rights, including Article 32, are
essential for personal protection
● Quo Warranto:
○ This writ challenges the legality of a person holding a public office.
○ It is issued in public interest and ensures that no individual holds a public position unlawfully.
○ Conditions:
■ The office must be a public office created by the Constitution or a law.

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■ The person must hold the position illegally.
■ The office must involve public duties, not private functions.
○ Key Cases:
■ Mazdoor Kisan Panchayat Case: The writ can be issued only when a person holds public office
unlawfully.
■ Jayalalitha Case: The Madras High Court issued this writ during her tenure as Chief Minister and
directed her removal.
■ Note: Quo Warranto can be filed by a non-aggrieved person.
● Mandamus:
○ Meaning "We Command," this writ directs public officials or authorities to perform their duties.
○ It is issued when there is a failure to perform a public duty, resulting in the infringement of a right.
○ Conditions:
■ The writ must address a breach of an individual’s right.
■ It is issued against public offices or authorities.
■ It cannot be filed in anticipation; there must be an actual breach.
■ Only the aggrieved party can file this writ.
○ Key Cases:
■ S.K. Gupta Case: Mandamus cannot be issued against the President, Governors, or ministers.
● Key Points:
○ Both Habeas Corpus and Quo Warranto can be filed by non -aggrieved persons.
○ Mandamus must be filed by the aggrieved party.

Doctrine of Res Judicata

● The Doctrine of Res Judicata means "a matter already judged."
● It ensures that a final decision in a legal proceeding cannot be reopened or re-judged, promoting uniformity and
finality in judgments.
● The doctrine also contributes to the efficiency of the legal system by preventing repetitive litigation and ensuring
speedy trials.
● Exceptions to Res Judicata:
○ Habeas Corpus: In the Ghulam Sarwar Case, the court held that Res Judicata does not apply to writs of
habeas corpus.
○ Fraud: If the judgment was obtained through fraudulent means, Res Judicata will not apply.
○ Violation of Natural Justice: If the principles of natural justice were compromised during the
proceedings, the doctrine does not hold.
○ New Cause of Action: If a new cause of action arises, the case can be heard again despite the earlier
judgment.

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Judicial writs:
● Prohibition:
○ This writ is issued by a higher court to a lower court or tribunal, directing it to stop proceedings in a case
that exceeds its jurisdiction.
○ It ensures that lower courts do not pass judgments that are beyond their legal capacity.
● Certiorari:
○ This writ is issued by a higher court to a lower court or tribunal in cases where there has been a violation
of natural justice.
○ It can be issued at any stage of the trial to correct errors or prevent miscarriage of justice.
○ The writ applies to both judicial and quasi-judicial bodies.
Suspension of Article 32:
● ADM Jabalpur Case:
○ In this case, the Supreme Court ruled that Article 32 could be suspended during a national emergency.
● Arnab Goswami Case (2020):
○ The Supreme Court held that Article 32 is itself a fundamental right and cannot be suspended under any
circumstances.
Article 226: Writ Jurisdiction of High Courts
● High Courts have the authority to issue writs in all five categories—Quo Warranto, Prohibition, Mandamus,
Certiorari, and Habeas Corpus—as well as in any other legal matter.
● In the Bandhua Mukti Morcha Case, the Supreme Court affirmed that High Courts, under Article 226, have the
power to recognize and enforce the right to work as a legal right.
● The writ jurisdiction of High Courts under Article 226 is broader than that of the Supreme Court under Article 32.
● High Courts can entertain writ petitions not only for the enforcement of fundamental rights but also for other legal
rights.
Article 33:
● Parliament has the authority to modify or restrict the fundamental rights of certain categories of individuals.
● Categories of Individuals:
○ Members of the armed forces.
○ Individuals employed in the maintenance of law and order.
○ Personnel working in intelligence and counterintelligence agencies.
○ Employees engaged in telecommunication services related to the above three sectors.
Article 34:
● This article allows for restrictions on fundamental rights in areas where martial law is in force to ensure the
maintenance of law and order.
● Parliamentary Authority:
○ Parliament has the power to validate and protect actions taken during the imposition of martial law.

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● Applicability:
○ Article 34 applies only to areas where martial law has been declared.

Martial Law
● Martial law refers to the suspension of ordinary laws and the implementation of military rule in areas
experiencing rebellion, aggression, or severe disturbances.
● As of now, martial law has never been declared in India.

Article 35: Power of Parliament to Make Laws on Fundamental Rights

● Only Parliament has the power to make laws regarding the fundamental rights guaranteed by the Constitution.
Horizontal Application of Rights
● Fundamental rights are applicable not only against the state (public entities) but also against private individuals and
entities.
● In the Kausal Kishore case, the court held that fundamental rights are enforceable against private individuals as
well.
● For instance, a private employer who discriminates against employees based on religion, caste, or other grounds
can be held liable for violating fundamental rights.
Waiver of fundamental rights:
● In India, individuals cannot voluntarily waive their fundamental rights. This is in contrast to the USA, where the
waiver of certain rights is permissible. The case of Basheshar Nath v. Commissioner of Income Tax established that
in India, fundamental rights cannot be waived by individuals.
Challenges in Fundamental Rights:
● Non-Sanctity of Fundamental Rights: Fundamental rights in India can be suspended under certain circumstances,
such as during a state of emergency. This lack of inviolability makes them susceptible to temporary suspension,
unlike in other democratic countries where rights are non-suspendable.
● Interpretational Issues: The broad and often vague nature of some fundamental rights leads to prolonged court
cases, where the judiciary has to interpret the scope and application of these rights, creating delays and uncertainties.
● Immunity to the President and Governors (Article 361): The President of India and state Governors enjoy
immunity from legal proceedings under certain circumstances, which limits the accountability of these offices in
the context of fundamental rights.
● Privileges for MPs/MLAs: Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) enjoy
certain privileges that may exempt them from some aspects of fundamental rights, raising concerns about equality
before the law.

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Chapter - 03
DPSPs

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Lecture 01: DPSP
Directive Principle of State Policy (DPSP) (Article 36-41):
● Part IV of the Indian Constitution (Articles 36-51) contains the Directive Principles of State Policy (DPSP).
● The DPSPs outline the aims and objectives that the State should strive to achieve through its policymaking.
● They serve as guiding principles or ideals for the State in formulating public policies and government schemes.
Article 36:
● It defines the term "State" in the same manner as it is defined under Article 12 of the Indian Constitution.
Article 37:
● The Directive Principles of State Policy (DPSPs) are non-enforceable and non-justiciable, meaning individuals
cannot approach the courts for their enforcement.
Sources of Directive Principle of State Policy (DPSP):
● The Directive Principles of State Policy (DPSPs) are borrowed from the Irish Constitution, which, in turn, adopted
them from the Spanish Constitution.
● The concept of DPSPs was also included in the Government of India Act, 1935, with the aim of promoting a welfare
state.
● Dr. B.R. Ambedkar referred to the DPSPs as "Instruments of Instructions" included in the Constitution to ensure
the welfare of citizens.
● Granville Austin described the DPSPs as the "conscience of the Constitution" and one of its novel features.
Features of DPSP:
● The Directive Principles of State Policy (DPSPs) ensure the formulation of sound public policies that align with the
broader goals of governance.
● They aim to secure justice, liberty, and equality for all citizens, creating a foundation for a fair society.
● DPSPs promote social and economic democracy by emphasizing the need for equitable distribution of resources
and opportunities.
● They are non-justiciable in nature, meaning they cannot be enforced by the courts but act as moral and political
guidelines for the State.
● The approach of DPSPs is welfarist, focusing on improving the overall well-being and quality of life of the people.
Therefore, these principles serve as essential directions to the State for the betterment and upliftment of its citizens.
Classification of DPSPs:
● The Directive Principles of State Policy (DPSPs) are inspired by various philosophical principles, including:
○ Liberal principles
○ Socialist principles
○ Gandhian principles
● DPSPs serve as basic guidelines for the State to ensure the welfare and well-being of its citizens.

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Socialist DPSPs:
The Socialist Directive Principles of State Policy (DPSPs) aim to enforce socialist ideals by promoting social and economic
justice.
● Article 38:
○ This article directs the State to promote the welfare of the people through social, economic, and political
means.
○ It emphasizes minimizing inequalities in income, status, and opportunities within society.
● Article 39:
○ This article outlines the State's responsibility to:
■ Ensure adequate means of livelihood for all citizens.
■ Promote equal distribution of wealth and prevent the concentration of resources in a few hands.
■ Safeguard the health of workers and ensure equal pay for equal work.
■ Secure the welfare of women and children.
○ It ensures that the State takes care of all citizens and works to minimize societal inequalities.
● Article 39A:
○ Added by the 42nd Amendment Act of 1976, this article ensures equal access to justice, especially for poor
citizens.
○ The Supreme Court, in the National Legal Services Authority (NALSA) case, emphasized the right of the
poor to access justice.
○ NALSA, a statutory body established by an Act of Parliament in 1987, was created to fulfill this objective.
● Article 41:
○ This article highlights the State's duty to secure the right to work, education, and public assistance in cases
of unemployment, sickness, disability, or old age.
● Article 42:
○ It mandates the provision of better working conditions and maternity relief benefits for workers.
● Article 43:
○ This article directs the State to ensure fair wages and provide opportunities for secure and dignified work.
● Article 43A:
○ This article encourages the participation of workers in the management of industries and factories, fostering
a sense of ownership and cooperation.
● Article 47:
○ It obligates the State to raise the level of nutrition and public health by providing nutritious food and
ensuring the overall well-being of citizens.
Gandhian Principles:
The Gandhian principles in the Directive Principles of State Policy (DPSPs) are inspired by Mahatma Gandhi's ideals of
self-reliance, rural development, and social justice.
● Article 40:
○ This article calls for the organization of village panchayats, aiming to promote self -governance and
decentralization.

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● Article 43:
○ This article advocates for the promotion of cottage industries, focusing on rural development and self -
sufficiency.
● Article 43B:
○ Added by the 97th Amendment Act of 2011, this article encourages the organization of cooperatives to
promote collective economic activities.
● Article 46:
○ This article emphasizes the upliftment of backward classes, including Scheduled Castes, Scheduled Tribes,
and other marginalized communities, by promoting their education and welfare.
● Article 47:
○ This article seeks to prohibit the consumption of intoxicating substances, aiming to improve public health
and well-being.
● Article 48:
○ It focuses on organizing agriculture and animal husbandry, as well as prohibiting the slaughter of cows and
other milch animals to protect rural livelihoods and promote ethical practices.
Liberal Intellectual Principles:
The Liberal-Intellectual principles in the Directive Principles of State Policy (DPSPs) reflect progressive ideals aimed at
ensuring justice, equality, and the preservation of heritage and environment.
● Article 44:
○ This article advocates for the implementation of a Uniform Civil Code (UCC) to ensure equality and
uniformity in personal laws across all communities.
● Article 45:
○ It emphasizes raising the standard of living for children by providing early childhood care and education.
● Article 48A:
○ This article focuses on the protection and improvement of the environment and forests, ensuring sustainable
development.
● Article 49:
○ It mandates the protection and preservation of monuments, places, and objects of national importance,
reflecting India's rich cultural heritage.
● Article 50:
○ This article calls for the separation of the judiciary from the executive in the public services, upholding the
principle of separation of powers for a fair and impartial administration.
● Article 51:
○ It directs the State to promote international peace and security, maintain harmonious relations with other
nations, and honor international treaty obligations.

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What is Uniform Civil Code (UCC):
● The UCC is a unified set of laws that would govern all citizens, irrespective of their religion, on issues such as
marriage, divorce, custody, guardianship, adoption, maintenance, succession, and inheritance.
Why Codification of UCC is Required:
● Ensure Uniformity Across Religions: A common code would standardize legal practices, eliminating the disparity
in laws applicable to different religious communities.
● Modernize and Progress Society: Codifying a UCC would help modernize society by moving away from outdated
or discriminatory practices tied to specific religious traditions.
● Resolve Challenges of Personal Laws: Personal laws often lead to confusion and inequality, particularly when
there are contradictions between them. A UCC would help harmonize these differences.
● Eliminate Loopholes in Personal Laws: Codification would close existing gaps in personal laws that may be
exploited or lead to injustices.
● Promote Women's Rights: A UCC would ensure equal rights for women across all communities, addressing
gender-based disparities in personal laws.
Debates in the Constituent Assembly:
● The Constituent Assembly initially debated whether the UCC should be part of Fundamental Rights.
● The Fundamental Rights Sub-Committee, headed by Sardar Vallabhbhai Patel, voted to place the UCC outside of
Fundamental Rights, considering the diverse cultural and religious landscape of India.
● Dr. B.R. Ambedkar, however, advocated for the UCC to be included under the Directive Principles of State Policy
(DPSP), as it would promote social reform without infringing on fundamental rights.
● As a result, Article 44 was inserted into the Constitution, placing the UCC within the DPSP.
Arguments in Favor of UCC in India:
● Promotes True Secularism: By treating all citizens equally, regardless of religion, the UCC would uphold the
secular nature of the state and ensure equality under the law.
● Moderates the Nation: The implementation of a UCC would bring moderation to societal practices by ensuring
that all citizens follow the same legal framework.
● Reduces Vote Bank Politics: A uniform legal system would limit the exploitation of religious or community-based
vote bank politics, promoting national unity.
● Eliminates Outdated Practices: The UCC would abolish discriminatory practices such as child marriage,
polygamy, and other practices prevalent in certain communities, promoting gender equality and social justice.
Arguments Against UCC in India:
● Difficult to Implement in a Diverse Society: India's vast cultural, religious, and social diversity makes the
implementation of a single legal framework challenging, as it may not be easily accepted by all communities.
● Lack of Clarity in UCC's Text: The UCC's proposed provisions are often unclear, leading to confusion regarding
its applicability and potential unintended consequences.
● Misinformation About UCC: Misinformation and misconceptions about the UCC, particularly regarding its
impact on religious freedoms, may hinder its acceptance and implementation.

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Way Forward:
● Instead of adopting a blanket Uniform Civil Code (UCC), a more practical approach would be to implement gradual
reforms within the existing personal laws of specific religious communities.
● For example, abolishing Talaq-e-Bidat (instant triple talaq) in Muslim communities and granting property rights to
women across all religions would promote gender equality and social justice.
● These reforms would ensure equality in inheritance and property laws, addressing pressing issues while respecting
the diversity of Indian society.
● The Law Commission of India has suggested this piecemeal approach as a more feasible and acceptable solution,
considering the country's socio-cultural context. This method would allow for incremental changes, fostering social
progress while maintaining harmony among various communities.

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Lecture 02: DPSP (Part 02)
Way Forward of UCC (Uniform Civil Code):
● A UCC should consist of all the good aspects of all religions.
● Minorities should be made aware that UCC is for their benefit only.
● In place of UCC, piecemeal reform can be done in various religions. For example, removing talaq-e-bidat, giving
property rights to women, etc.
● States can implement uniform civil codes by using their power of concurrent lists.
● Goan civil code can be implemented in the country.
Goan Civil Code:
● Marriage is treated as a communion of assets i.e. after the marriage, the assets belong to both of them.
● The code provides that consent is required from both parties for marriage as well as separation (divorce).
● The age of marriage is fixed and no one can breach it.
Case Laws:
Shah Bano Case, 1985:
● The Court held that it is the duty of the husband to provide maintenance to the wife under Section 125 of CrPC.
● The Rajiv Gandhi government nullified this judgment by passing the law Muslim Women Protection of Divorce
Act 1986.
● The Court held that the uniform civil code has made a dead letter in the constitution, hence it should be
implemented as soon as possible.
Daniel Latifi Case (2001):
● The Shah Bano case judgment was upheld in this case.
● The Parliament passed the Protection of Muslim Women's rights in 1986 to overturn Shah Bano's judgement.
Shayara Bano Case (2017):
● It was filed by Shayara Bano in support of declaring talaq-e-biddat, polygamy, and nikah-halala unconstitutional.
● Shayara Bano was given instant triple talaq on the phone. Hence, she filed a writ petition against the practice of
instant talaq, polygamy, and nikah halala.
● The Court held that the idea of instant triple talaq is unconstitutional and illegal.
● The court held that it does not amount to essential religious practice in Islam.
● In continuation of this judgment, the Parliament passed a ban on triple talaq in 2019.
● For the other two practices, i.e. Nikah Halala and polygamy, the Court has still not decided anything.
● In 2022, the Supreme Court constituted a five-judge bench to decide the future of polygamy and nikah-halala.
● If UCC is implemented, these practices will be banned.

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Josh Paulo, 2019:
● The court praised Goa as a shining example of the Uniform Civil Code.
● In 2018, the Goa Commission recommended that UCC should be implemented as per the nation's consent.
Article 50:
● It talks about the separation of the judiciary and executive.
● The Assembly debated that there should be reforms in the executive system so that they should not be able to
control the Judicial functions.
● In the Chetak case, 1998 the court held that the judge is an independent entity and not a government servant.
Fundamental Rights vs Directive Principles of State Policy (DPSP):
● Doctrine of harmonious construction: A principle of interpretation used by the courts to resolve conflict between
Fundamental Rights, and Directive Principles of State Policy (DPSP).
Fundamental Duties:
● It is advised by the Swarna Singh committee to insert duties in the constitution. It is based on the concept that
duties are correlative to rights.
● Fundamental duties were incorporated into the Constitution by the 42nd Amendment Act 1976.
● The idea of duty is directly proportional to the idea of rights.
● Hence, we can say that duties are necessary in the performance of rights.
● Sources of Duties:
○ The Japanese Constitution explicitly mentions them.
○ The Soviet Constitution enforces them.
○ The American Constitution does not address them.
○ The French Constitution makes a brief reference to them.
○ UDHR (Universal Declaration of Human Rights) has implemented duty.

Right to Education:
● Article 21A: Right to education
● Article 51A (k): Duty of the Parents to send the child to school.

Enforceability of Duties:
● Fundamental Duties are not enforceable in India. No legal sanction can be enforced by the government in case of
their violation.
● The Supreme Court in the AIIMS case has held that duties are not enforceable, yet they provide valuable
guidance to the citizens.
● Fundamental Duties are enforced by different laws of the country.

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Chapter - 04
Union Executive

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Lecture 1: Union Executive (Part 01)
Union Executive:
● The Union Executive is outlined in Part V of the Indian Constitution. It consists of the following components:
○ President (Article 52): The President is the nominal executive (De-jure, meaning according to law).
○ Vice President (Article 63): The Vice President is also part of the Union Executive.
○ Prime Minister and Council of Ministers (Articles 74, 75): The Prime Minister, along with the Council
of Ministers, serves as the real executive (De-facto, meaning in practice).
○ Attorney General (Article 76): The Attorney General of India is the chief legal advisor to the government.

President (Part V):

● The President is the first citizen of India.
● The primary duty of the President is to ensure the unity, integrity, and solidarity of the nation.
● Article 52 states that there shall be a President of India.
● Article 53 specifies that the executive powers of the Union are vested in the President. These powers are not
explicitly defined in the Constitution.
● Article 73 states that the executive powers of the Union extend to matters on which Parliament has the authority to
legislate, making these powers co-terminus with the powers of Parliament.
● In the Ram Jawaya Kapoor Case, the court observed that it is challenging to provide a precise definition of the term
"executive power." However, the Union can exercise executive power in all matters within Parliament’s domain
and in areas under the Government of India.

Article 58 (Qualifications for President):

● The candidate must be a citizen of India, either by birth or naturalization.
● The candidate must be at least 35 years old.
● The candidate must be eligible to be a member of the Lok Sabha (House of the People).
● The candidate must not hold any Office of Profit under the Government of India or any state government.

Note:
Citizen of India:
● The Indian Constitution does not distinguish between citizens by birth and naturalized citizens when determining
eligibility for the post of President.
● In contrast, countries like the United States and the United Kingdom differentiate between citizens by birth and
naturalized citizens for this position.
● Both the US and the UK allow only citizens by birth to hold the office of President.

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Article 59 (Conditions of office):
● The President should not be a member of either House of Parliament.
● The President should not be a member of any State Legislature.
● If a Member of Parliament (MP) or a Member of the Legislative Assembly (MLA) is elected as President, they must
resign from their membership before assuming office.
● During the President’s term of office, their emoluments and allowances cannot be reduced.
Article 60 (Oath and affirmation of the President of India):
● The oath of office for the President is administered by the Chief Justice of India. In the absence of the Chief
Justice, the senior-most judge of the Supreme Court performs this duty.
● The President is obligated to preserve, protect, and defend the Constitution of India.
● The President pledges to dedicate themselves to the service of the nation and the well-being of its people.
● The President serves as the custodian of the Constitution.
○ Note: UPSC has marked Supreme court has protector and custodian of constitution
● The oath-taking ceremony holds symbolic importance, emphasizing adherence to constitutional and ethical
standards.
Article 56 (Office of President):
● The term of the President is five years; however, the President may continue in office until the new President
assumes charge.
● The President can resign by submitting a written resignation to the Vice President, who will then communicate it
to the Speaker of the Lok Sabha.
● The President can be removed from office for violating the Constitution. Since the term "violation of the
Constitution" is not explicitly defined, the Parliament conducts the impeachment process under Article 61.
Other Facts
● Article 57: The President can seek re-election and may be re-elected for any number of terms.
● If the President resigns or is impeached, the Vice President assumes the role of Acting President.
● If a new President’s term ends midway, their successor will have a full five-year term. Unlike India, in the USA, if
the President’s term ends midway, the Vice President assumes the role for the remainder of the term.
● In India, if both the President and Vice President’s posts are vacant, the Chief Justice of India (CJI) acts as President.
For example, Justice Hidayatullah served as Acting President in 1969 by convention.
Article 54 (Election of the President):
● The President is indirectly elected (India is a republic nation and follows a Parliamentary system)
● The President is elected by the members of an electoral college.
● The electoral college consists of:
○ The elected members of both Houses of Parliament.
○ The elected members of the Legislative Assemblies (MLAs) of states.

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○ The elected members of the Legislative Assemblies (MLAs) of the Union Territories of Delhi and
Puducherry.
● The nominated members of the Rajya Sabha and members of the Legislative Council do not participate in the
President’s election.

Article 55 (Manner of Election of the President):

● The President is elected through Proportional Representation by means of a Single Transferable Vote.
● The election of the President is through a Secret Ballot system.
Proportional Representation:
● The term Proportional Representation means a system under which the value of votes is decided according to the
population of the state.
● To ensure the parity in the election process, the constitution assembly came up with two formulas for president’s
election:
○ Value of vote for MLA = (Total population of State or UT / Total number of elected MLAs) * 1/1000
■ Here the population ratio is based upon the 1971 census to ensure the parity between the population
of the states
○ Value of Vote of MP = Total value of the vote of all MLAs / Total MPs (Lok Sabha + Rajya Sabha)

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Lecture 02: President and Vice-President
Note:
● Value of Vote of MP = Sum of votes of elected members of all MLAs / Total no of MPs (Lok Sabha+Rajya
Sabha) (Elected)
● This formula is applied to ensure uniformity of representation so that each value represents almost the same
amount of population. Here, the population is calculated as per the 1971 census.

Process of Voting:
● To win the election, a candidate requires an absolute majority of votes.
● The nomination of a candidate must be supported by at least 50 proposers and 50 seconders, all of whom must be
members of the electoral college. This nomination is submitted to the returning officer.
● A security deposit of ₹15,000 must be submitted along with the nomination.
● The returning officer, who is the Secretary General of the Lok Sabha or the Secretary General of the Rajya Sabha
(by rotation), is responsible for conducting the election. The returning officer reports to the Election Commission.
● Ballot papers are distributed in Parliament, with green ballots designated for Members of Parliament (MPs) and
pink ballots for Members of Legislative Assemblies (MLAs).
● Voting is conducted through a preferential system using the single transferable vote method.
Counting of Votes:
● Votes are counted until one candidate receives an absolute majority.
● A candidate wins in the first round if they secure an absolute majority.
● However, in 1969, V.V. Giri won the election through second preference votes.

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Doubts and Disputes:
● In the event of a dispute regarding the election, the Supreme Court has the authority to decide the matter, and its
decision shall be final.
● Elections will be conducted even if there is a vacancy in the electoral college.
● If the election is cancelled, all actions taken by the President up to the date of cancellation will remain valid and
will not be declared invalid.
Why Indirect Election?
● Indirect elections are held to minimize competition between the Prime Minister and the President, ensuring the
smooth functioning of the parliamentary system of governance.
● Indirect elections help reduce the financial burden and logistical challenges associated with conducting large-scale
direct elections.
● This system also aims to limit excessive political party interference, preserving the impartiality and dignity of the
President's office.
Why are Legislative Councils Excluded from Participating in the Elections of President?
● Legislative Councils are excluded from participating in Presidential elections because they do not exist in every
state; currently, only six states have them.
● Since Legislative Councils can be created or abolished easily, their inclusion in Presidential elections would give
an unfair advantage to states that have these councils.
President (Discharge of Functions) Act 1969:
● It says that in case of a vacancy in the President and Vice President office, the Chief Justice of India or any
senior-most judge of the Supreme Court will become the President.

● In 1974, the Supreme Court, in a case related to Presidential elections, ruled that new elections must be conducted
before the expiry of the incumbent President's term.

Article 61: Impeachment of the President:

● The President can be impeached on the grounds of "violation of the Constitution." However, the term "violation
of the Constitution" is not defined in the Constitution.
● A resolution for the impeachment of the President can be initiated in either House of Parliament.
● The resolution must be signed by at least one-fourth of the total members of the initiating House.
● A written notice of 14 days must be given before proceeding with the impeachment process.
● The resolution must be passed by a majority of not less than two-thirds of the total membership of the initiating
House. This represents the highest majority requirement in the Constitution.
● Once the resolution is passed in the initiating House, it is forwarded to the other House for further proceedings.
● The second House is responsible for investigating the charges mentioned in the resolution.
● During the investigation, the President has the right to present his or her defense, in accordance with the principle
of natural justice.

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● After the investigation and representation, the second House conducts a vote.
● If the resolution is passed by a two-thirds majority of the total membership of the second House, the President is
impeached. If this majority is not achieved, the President remains in office.

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Lecture 03: President and Vice President (Part 02)
Article 61: Impeachment of the President:
● The process of impeachment of the President can be initiated in either House of Parliament.
● The resolution to begin impeachment must be signed by at least one-fourth of the total members of the House
that initiates the process.
● A written notice must be served at least 14 days before the impeachment proceedings begin.
● After the 14-day notice period, the initiating House must pass the resolution with a two-thirds majority of its total
membership.
● The President has the right to represent themselves during the impeachment process.
● Following an investigation, if the House agrees with the charges, the resolution must be passed again by a two -
thirds majority of the total membership.
● If both Houses pass the resolution, the President is impeached, effective immediately upon passage.
● Members of the Legislative Assemblies (MLAs) do not participate in the impeachment process, while nominated
members of the Rajya Sabha are involved.
US President Impeachment:
● According to Article 11 of the US Constitution, the President can be removed through impeachment for committing
treason, bribery, or other high crimes and misdemeanors.
● The power to impeach the President lies with the lower house of Congress, which initiates the impeachment
process and investigates the charges.
● After the investigation, the findings are sent to the upper house, the Senate, where a two-thirds majority is
required to convict the President.
● If the Senate approves the impeachment by a two-thirds majority, the President is removed from office.
Article 62 (Election of President):
● Elections for the President must be conducted before the expiry of the current President's term, approximately
six months prior to the end of the term.

Article 63 (Vice President):

● The Vice President serves as the ex-officio Chairman of the Rajya Sabha.
● When discharging presidential functions, the Vice President temporarily ceases to be the Chairman of the Rajya
Sabha.
Article 66 (Election):
● The electoral college for the election consists of both elected and nominated members of Parliament.
● Elected and nominated members of the State Assemblies do not participate in the Presidential election.

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Article 66(3) (Eligibility):
● The candidate must be a citizen of India.
● The candidate must be at least 35 years old.
● The candidate must not hold any office of profit.
● The candidate must be qualified to be a member of the Rajya Sabha.
Term:
● The Vice President's term of office is five years, but they continue in office until the next Vice President is elected.
● In case of a midterm election, the newly elected Vice President will serve a full five -year term.
Resignation:
● The Vice President submits their resignation to the President of India.
Removal:
● The Vice President can be removed by a resolution passed by a majority of the current members of the Rajya
Sabha.
● The Vice President must be given 14 days' notice before the resolution is moved.
● After passing in the Rajya Sabha, the matter is transferred to the Lok Sabha, where the resolution must be
approved by a simple majority.
Oath of Office:
● The Vice President takes an oath administered by the President, pledging true faith and allegiance to the
Constitution of India.
Additional Facts:
● The Constitution does not specify any particular grounds for the removal of the Vice President.
● The Vice President's salary is drawn from the salary of officers of Parliament, and they also receive a salary for
serving as the Chairman of the Rajya Sabha.

Types of Majority:
● Simple Majority: A majority of more than 50% of the members of the house present and voting. It is also
called functional majority. The bills and motions in Parliament are passed by simple majority:
○ Non-confidence motion
○ Vote of thanks to the President & Governors.
○ Adjournment motions.
○ Passage of ordinary, financial and money bills
○ Election of Speaker and Deputy Speaker of Lok Sabha and Legislative Assemblies.
○ Election of Deputy Chairman of Rajya Sabha and Chairman of Legislative Councils.

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○ Resolution seeking approval of Parliament for proclamation of Presidential Rule and Financial
Emergency.
○ Notification of Amendment bill by State Legislature.
○ Resolution passed by Lok Sabha disapproving National Emergency.
● Absolute Majority: A majority that is more than 50% of the total strength of the house. It is needed in
association with a special majority. It has greater political significance because if a political party achieves
absolute majority in election it is able to form a stable government i.e. political stability.
● Effective Majority: That is more than 50% of the effective strength of the house. Effective strength means
total strength of the house excluding vacancies occurred due to death and disqualification. Following
resolutions are required to be passed with an effective majority:
○ Resolution seeking removal of Vice-President in Rajya Sabha shall be passed by an effective majority
of the house.
○ Resolution seeking removal of Deputy Chairman of Rajya Sabha, Chairman and Deputy Chairman of
Legislative Council, Speaker and Deputy Speaker of Lok Sabha and Legislative Assembly.
● Special Majority: A majority other than simple, absolute and effective majority is called special majority.
○ Majority under Art. 312 - Rajya Sabha authorizes Parliament to create a new All India Service.
○ Majority under Art. 368 - Amendment to Constitution by a majority of not less than 2/3 of members
present and voting and a majority of the total strength of the house that is absolute majority.
○ Other Resolutions, which require special majority:-
■ A resolution seeking approval of national emerging under Art. 352.
■ A resolution seeking removal of judges of Supreme Court and High Courts, Comptroller and
Auditor General and Chief Election Commissioner.
● Special majority as under Art. 61 - It deals with the impeachment procedure of the President. The resolution
shall be passed by a majority of not less than 2/3 of total strength of house. This is the highest majority needed
e.g. in Lok Sabha it requires 2/3 x545= 364 or more votes.
● Special majority as under Art. 249 - Rajya Sabha passes a resolution supported by not less than 2/3 of the
members present voting that it is necessary and expedient in the national interest that Parliament should make
law on the subjects enumerated under state list.

Power of President:
● Executive power
● Judicial power
● Legislative power
● Emergency power
● Military power
● Financial power
● Diplomatic power

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Executive Power:
● All actions of the government are carried out in the name of the President, as per Article 53.
● The President must seek information from the Prime Minister regarding the work of the government, as stated in
Article 78.
● The President has the authority to make rules for the functioning of the government.
● All Union officers hold their positions at the pleasure of the President.

Doctrine of Pleasure:
● The Doctrine of Pleasure is a concept derived from the British system, which means that the President has
the power to remove officers from their positions.
● Under Article 75, the Prime Minister and the Council of Ministers remain in office at the President's pleasure.
● In practice, the Prime Minister remains in office as long as they have the confidence of the Lok Sabha.

Legislative Powers:
● The President is an integral part of Parliament, as per Article 79.
● The President’s assent is required for a bill to become law, as per Article 111.
● The President has the power to summon, prorogue, and dissolve the Lok Sabha (as per Article 85).
○ Summon: The President has the power to call the House into session to ensure its smooth functioning.
○ Prorogue: The President can halt a session of Parliament, effectively ending it without dissolving the
House.
○ Dissolve: The President can dissolve the Lok Sabha, ending its term and the membership of its members,
after which fresh elections are conducted. This applies only to the Lok Sabha, as the Rajya Sabha is a
permanent body and cannot be dissolved.
Article 87: Special Address:
● The President is required to deliver a Special Address to both Houses of Parliament at the beginning of the first
session of each new year and at the commencement of the first session of a newly elected Lok Sabha.
● This address highlights the achievements of the previous government or the existing government and outlines the
agenda for the coming years.
● The content of the address is prepared by the government, and the President does not include personal comments
or opinions.
● After the address, a Motion of Thanks is presented and must be passed by Parliament.
Motion of Thanks:
● A discussion on the President’s Special Address takes place in both Houses of Parliament.
● Amendments to the Motion of Thanks can be proposed and passed.
● If the Opposition successfully passes an amendment, it reflects the government's weakness.
● Conversely, if the Motion of Thanks is passed without any amendments, it signifies the government's strength and
victory.

Daily Class Notes 99 PW Web/App: https://smart.link/7wwosivoicgd4

Lecture 04: Ordinance Powers
Significance of Motion of Thanks:
● Test of Government's Majority: The Motion of Thanks serves as a crucial test of the ruling government's majority
in the legislature.
● Opportunity for Opposition to Criticize: It provides the opposition with a platform to express dissent and criticize
the government's policies and actions.
● No Confidence Motion: If the government fails to pass the Motion of Thanks, the opposition may introduce a no-
confidence motion against the sitting government.
Non Confidence Device:
● A no-confidence motion is a parliamentary mechanism that enables the Lok Sabha to express its lack of confidence
in the sitting government.
● If passed, it results in the resignation of the entire Council of Ministers.
● Rule 198 of the Rules of Procedure and Conduct of Business in Lok Sabha governs the no -confidence motion.
● Procedure for No-Confidence Motion
○ It can only be introduced in the Lok Sabha.
○ The motion must have the support of at least 50 members of the Lok Sabha to be admitted.
○ Once admitted, the Speaker allocates time for discussion, typically within 10 days.
○ If the motion is passed by a majority, the government is required to resign.
Nomination Powers:
● The President of India has the authority to nominate 12 members to the Rajya Sabha. These nominations are made
from individuals who have special knowledge or practical experience in fields such as literature, science, art, and
social service.
Financial Powers:
● The President is responsible for presenting the annual financial statements, also known as the Union Budget, to the
Lok Sabha.
● The President also lays the report of the Finance Commission before both Houses of Parliament.
Article 86:
● Under Article 86 of the Constitution, the President has the right to send messages to either House of Parliament
with respect to pending bills or any other matter of national importance.
Ordinance Powers of President:
● The President’s ordinance-making power is also known as rule-making power.
● This power is defined in Article 123 of the Indian Constitution, while Article 213 provides the same power to the
Governor.
● Nature of Ordinances:
○ Ordinances are temporary laws, with a maximum validity of six months and six weeks.
○ They can be issued when both Houses of Parliament are not in session or during their recess. Ordinances
cannot be promulgated while both Houses are in session.

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○ An ordinance has the same force and effect as an Act of Parliament.
● Judicial Review:
○ In the landmark R.C. Cooper case (1970), the Supreme Court ruled that the President’s decision to
promulgate an ordinance can be challenged in court.
○ The term "satisfaction," as mentioned in Article 123, can thus be subject to judicial scrutiny.
● Limitations on Ordinance Powers:
○ Ordinances can only address subjects within the jurisdiction of Parliament and cannot alter fundamental
rights.
○ The President's ordinance-making power is not discretionary; the advice of the Council of Ministers is
mandatory.
● Approval by Parliament:
○ After an ordinance is promulgated, it must be laid before Parliament.
○ Parliament has three options regarding an ordinance:
■ Approve: If approved, it becomes a law.
■ Disapprove: If disapproved, the ordinance ceases to operate.
■ No Action: If no action is taken, the ordinance automatically expires after six weeks of the first
sitting of Parliament.
● Purpose of Ordinance Powers:
○ According to Dr. B.R. Ambedkar, the ordinance power is essential to deal with extraordinary situations
when Parliament is not in session.
Can an Ordinance become a Law?
● Yes, an ordinance can become a law if it is approved by Parliament.
● However, while introducing a bill to replace the ordinance, the circumstances under which the ordinance was
promulgated must be explained to the House.
● Relevant Case Laws:
○ R.C. Cooper Case (1970): The Supreme Court held that the President’s decision to promulgate an
ordinance can be challenged in court.
○ Krishna Kumar Case (2017): The Court ruled that the ordinance-making power is not absolute. It must
be based on necessity, and repeated re-promulgation of ordinances is considered a fraud on the Constitution.
○ D.C. Wadhwa Case: This case highlighted the issue of "Ordinance Raj" in Bihar. The Court emphasized
that ordinances are not a substitute for the regular law-making process and should be used sparingly and
appropriately.
Additional Facts:
● The concept of ordinances was introduced to ensure the continuity of the lawmaking process.
● During debates in the Constituent Assembly, concerns were raised regarding the potential misuse of the ordinance
power.
● The Nehru government supported the ordinance-making power and assured that it would not be misused. However,
the Nehru government itself passed 66 ordinances.
● The idea of ordinance-making was borrowed from the 1861 Indian Councils Act.
Doctrine of Colourable Legislation:
● The Doctrine of Colourable Legislation asserts that what cannot be done directly should also not be done
indirectly. This is often referred to as a "fraud on the Constitution."
● This doctrine is used to prevent the legislature from misusing its powers.

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● For instance, if the government does not have authority under a particular list in the Constitution, it cannot legislate
on matters beyond its jurisdiction.
● An example of this would be if the central government passes laws related to excise duty or liquor, which may not
fall within its constitutional powers.
Position of President in Indian constitution:
● The role of the President of India is often compared to that of the British monarch.
● The President holds a ceremonial position and acts as the symbolic "seal" of decision -making in the government.
● The President is bound by the aid and advice of the Council of Ministers, as per Article 74 of the Constitution.
● Views on the President’s Role:
○ Many scholars consider the Indian President to be a mere "rubber stamp," with little power or autonomy.
○ However, Dr. B.R. Ambedkar, the architect of the Indian Constitution, believed that while the President
represents the nation, he does not rule it.
● Important Functions of the President:
○ Despite the limitations of the office, the President plays a crucial role in providing stability to the
government.
○ The President ensures checks and balances in the parliamentary system.
○ The President also keeps a check on the functioning of the Council of Ministers.
● Different Viewpoints on the Status of the President:
○ Rubber Stamp: Some believe the President is simply a ceremonial figure with no real power.
○ Working President: K. R. Narayanan is viewed as an example of a "working President." He believed the
office should maintain a balance of power.
○ Activist President: Some scholars view the President as an "activist," playing an active role in governance.
● Many scholars liken the President to a "grandfather in a joint family," symbolizing a figure of respect and
authority, but without substantial day-to-day power.
Discretionary Powers of the President:
● The President of India holds discretionary power in specific situations, while the Governor possesses both
constitutional and situational discretionary powers.
Situational Discretion of the President:
● Situational discretion refers to situations not explicitly mentioned in the Constitution.
● In cases where the government is dissolved, the President can exercise discretion to appoint the Council of
Ministers. The Governor has similar discretion in this regard.
Constitutional Discretion of Governor:
● Constitutional discretion is a power that only the Governor possesses, not the President.
● Under Article 356, the Governor can send a report to the President in case of a constitutional breakdown of
governance in the state.
● Under Article 201, the Governor has the authority to reserve a bill for the President's assent, which is not available
to the President in the same context.

Daily Class Notes 102 PW Web/App: https://smart.link/7wwosivoicgd4

Lecture 05: Pardoning Power
Article 72 (Judicial Powers):
● The power under Article 72 is granted to uphold the principle of natural justice.
● It allows for the correction of errors made by the judiciary.
● The provision provides an opportunity for the convicted individual to receive a second chance.
● It helps in mitigating the absolute nature of court decisions.
Origin of Article 72:
● The provision traces its roots to the Government of India Act, 1935.
● It was inspired by the power vested in the British Crown.
● It is also influenced by the judicial system in the United States.

The power can be exercised both during the trial process and after the punishment has been handed down.

Types of Pardoning Power:

● Pardon: This completely absolves the individual of all criminal charges. For instance, a person who is considered
a criminal today may not be regarded as such after receiving a pardon. It can be granted even in cases involving the
death sentence.
● Respite: This involves reducing the sentence in cases where special circumstances exist, such as in the case of an
individual's health condition.
● Remit: This refers to reducing the duration of the punishment, effectively shortening the period of the sentence.
● Reprieve: A reprieve provides a temporary suspension or stay on the execution of the punishment, often to allow
for further review or to mitigate the severity of the penalty.
● Commute: This refers to the act of altering the punishment from a more severe form, such as rigorous
imprisonment, to a less severe one, such as simple imprisonment.
Process:
● An appeal can be filed only grounds of old age, single earning member, pregnancy.
● The jail superintendent forwards it to the president’s house.
● If the president decides to dispose of the application, he forwards it to the ministry of home.
● Upon the decision of ministry, the president takes the decision.
● During this time, the council of ministers are consulted and the decision of the council of ministers is final.
● The final decision under article 72 is binding upon the jail authority.
Can this decision be judicially reviewed?
● In Epuru Sudhakar Case, The Supreme Court held that the pardoning power is not absolute and can be judicially
reviewed if there is evidence of malafide intent on the part of the President.
● In the Kehar Singh Case, The Court affirmed that the exercise of the pardoning power is subject to judicial review.
● In Shatrughan Chauhan Case, The Court ruled that an undue delay in disposing of mercy petitions violates the
principles of natural justice and constitutes cruelty towards the convict.

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Additional Facts:
● Over the past 75 years, many mercy petitions have remained undetermined by the President. In response, the
Supreme Court directed in 2024 that states must implement guidelines to expedite the disposal of applications,
especially in cases involving the death penalty.
Comprehensive Guidelines on Mercy Petitions (Pradeep Yashwant Case):
● The President should prioritize and speed up the disposal of mercy petitions.
● A dedicated cell within the Ministry of Home Affairs should be set up to handle these petitions.
● The mental health of the petitioner must be monitored during the process.
● There should be transparency in the handling of petitions, and the family of the petitioner should be kept informed.
Exceptions to Article 72:
● Article 72 generally does not apply to cases related to terrorism.
Governor’s Power Article 161:
● The Governor holds similar pardoning powers as the President, except for the authority to pardon death sentences
and cases involving court-martial.
● In 2021, the Supreme Court ruled that the Governor can exercise the power to pardon in cases involving death
sentences as well.
● In the Maru Ram Case, The Court held that the Governor's pardoning power is subject to judicial review.

● The President of the United States can exercise pardoning power in all cases, except in matters related to
impeachment.

Other Petitions:
● This is not mentioned in the constitution.
● Review Petition:
○ A convict can file a review petition in the same court if a decision goes against them.
○ The chances of success are low because the same bench of judges reviews the matter.
● Curative Petition:
○ In Ashok Hurra Case, The Court ruled that curative petitions should be allowed when justice cannot be
served through normal procedures.
○ Process of Filing a Curative Petition:
■ It is meant to be used as an exceptional remedy in rare cases.
■ A curative petition is applicable when there has been a violation of justice.
■ It is not the right of the petitioner; the court decides whether to accept it.
■ In the Yakub Memon Case, The Court held that curative petitions should only be granted in
significant cases and cannot be claimed as a right.

Position of President:

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● Dr. B.R. Ambedkar emphasized that the President is a ceremonial head of state and is bound by the advice of the
Council of Ministers at all times.
● Under the 44th Amendment Act, the President was granted the power to return the advice of the Council of
Ministers only once.
● Period 1950-1976:
○ During this period, the Council of Ministers would send advice to the President, who could return it for
reconsideration. The Council would then resend the advice, and the President could return it again.
● Period 1976-1978 (42nd Amendment Act):
○ The 42nd Amendment Act limited the President’s power by stating that once the Council of Ministers sent
the advice, the President could not return it.
● Period 1978-Present (44th Amendment Act):
○ As per the 44th Amendment Act, the President can return the advice once. After reconsideration, if the
Council sends the advice again, the President must accept it.
Council of Ministers (Article 74, 75):
● Article 74 says that there shall be a Council of Ministers and the Prime Minister to aid and advise the President.
● The Prime Minister shall be the head of the Council of Ministers.
● India follows the portfolio system introduced by Lord Canning in 1861. [Portfolio: These are departments located
to the ministers].
● The Constitution says, under Article 74(2), that advice tendered by the Council of Ministers to the President
would not be questioned in any court, whereas supreme court in Kehar Singh case held that it can be
judicially reviewed.
Types of Council of Ministers:
● These are not mentioned in the Constitution.
● Through the conventional practices, they are:
○ Prime minister
○ Deputy Prime Minister: Generally seen when the government is not very strong.
○ Union Cabinet ministers: These are generally the first ministers or senior ministers in the ministry.
Example: Union Minister of Finance, Union Minister of Home, etc.
○ Minister of State (with portfolio): Junior minister with the Union minister.
○ Minister of State (Independent charge): He/ she is the only minister in the ministry
Cabinet and Council of Ministers:

Cabinet Council of Ministers

● It is a smaller body that consists of senior ● It consists of all other ministers, i.e., cabinet ministers,
ministers. (generally 8 to 10) deputy ministers, and ministers of state.
● They are core members of the government ● They are periphery of government

Kitchen Cabinet:

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● It is a group of important ministers aligned with the Prime Minister.
● It is part of the PM’s internal cabinet.
● It is also called the inner cabinet (not an official term).
Deputy Prime Minister:
● It is not a constitutional post but given on political consideration.
● Usually he acts as a coordinator in the government.
Parliamentary Secretary:
● It is a political post, not mentioned in the constitution.
● It is below the Deputy Prime Minister and is given to the ruling party MPs to bypass the 15% rule.
Article 75:
● The Prime Minister is appointed by the President and the other ministers are appointed by the President on
the advice of the Prime Minister.
● By the 91st Amendment 2003 the Council of Ministers' strength was capped at 15% of the total members of the
Lok Sabha (to control the unnecessary expenditure on ministers) (Article 75(1A)).
● If a minister is disqualified, they cannot continue in their position.
● A person can become a minister without being a member of either House but must join a House within six months.
● In H.D. Divyogaro Case, The Court held that a person who is not a member of any House can be appointed as a
minister, but they must resign after six months if they fail to join a House.
● In SP Chauhan Case, The Court ruled that if a minister fails to get elected within six months, they cannot be
reappointed as a minister, as it would be considered a fraud upon the Constitution.
● Ministers hold office at the pleasure of the President, meaning there is no fixed term.
● Collective and Individual Responsibility:
○ The Council of Ministers is collectively responsible to the Lok Sabha. For example, if the Prime Minister
resigns, the entire government falls.
○ The Council is individually responsible to the President and can be removed separately by the President.
○ Unlike in Britain, where ministers have legal responsibility (e.g., Boris Johnson’s resignation for breaching
COVID-19 norms), there is no such legal responsibility in India.

Daily Class Notes 106 PW Web/App: https://smart.link/7wwosivoicgd4

Lecture 06: COM, Prime Minister
Oath:
● The Oath of the Prime Minister is administered by the President of India.
● According to the Third Schedule of the Constitution, the Oaths of Secrecy and Office are required.
● The concept of legal responsibility, as seen in some other countries, is not present in India. A minister is not held
accountable for their personal conduct or failures outside their scope of duties (e.g., a rail accident).
● The Prime Minister resigns by submitting their resignation to the President.
● The salaries and allowances of the Prime Minister and other ministers are decided by Parliament.
Functions of the Council of Ministers:
● The Council of Ministers plays a crucial role in the executive branch of the government.
● It is an essential part of the Parliament.
● The Council ensures the smooth functioning of the government.
● It drafts bills for legislative consideration.
● It facilitates effective debates and discussions in Parliament.
Prime Minister:
● The Prime Minister is a key functionary in the Indian government as per the Constitution.
● The position of Prime Minister has been interpreted by scholars in various ways:
○ "Primus inter pares" (first among equals), indicating that the Prime Minister holds the same position as
other ministers.
○ "Luna inter stella minores" (moon among the lesser stars), highlighting the Prime Minister’s
prominence over others.
● The Prime Minister is responsible for the appointment and dismissal of the Council of Ministers.
● In the event of the Prime Minister’s death, the government is dissolved.
● The Prime Minister is the leader of the house in which he sits.
● The Prime Minister serves as the chairperson of the Cabinet and Council of Ministers.
● The Prime Minister typically holds important ministries and departments.
Functions of the Prime Minister:
● The Prime Minister is the leader of the house in which they sit.
● They decide the important policies of the government.
● The Prime Minister acts as the chief spokesperson of the government in the house.
● They advise the President on all constitutional matters.
● As per Article 78 of the Constitution, the Prime Minister communicates the decisions of the Council of Ministers
to the President.
Should the Prime Minister Come from Lok Sabha/ Rajya Sabha?

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● In Britain, the prime minister is always from the lower house.
● According to the Constitution, there is no bar on whether the Prime Minister should be from the Lok Sabha or
the Rajya Sabha.
● However, constitutional experts are of the opinion that the Prime Minister should be a member of the Lok Sabha.
○ Countries like the UK and Germany have implemented this scenario.
○ Japanese PM, and German PM, all come from lower houses.
Shadow Cabinet:
● The term "shadow cabinet" is not mentioned in the Indian Constitution; it is a concept born out of convention.
● It consists of opposition members who are assigned specific portfolios to counter the government and act as a
"government in the making."
● In the United Kingdom, the shadow cabinet is an integral part of the Westminster parliamentary model, serving as
an official opposition system to keep the government in check.
● In India, the shadow cabinet is not an official system, and no formal portfolios are allocated to opposition MPs.
Leader of Opposition in the Lok Sabha:
● The term "Leader of the Opposition" is not mentioned in the Indian Constitution.
● The Leader of the Opposition is often regarded as equivalent to a "shadow Prime Minister."
● The G.V. Mavlankar Rule of 10% is applied to determine eligibility for this post, requiring the largest opposition
party to have at least 10% of the total strength of the house.
● The position was first officially recognized in 1969.
● In 1977, the Salaries and Allowances of the Leader of Opposition Act was passed, making it a statutory post.
However, this act does not specify eligibility criteria for the Leader of the Opposition.
Absence of a Leader of Opposition:
● The absence of a Leader of the Opposition weakens the democratic system by limiting effective checks on the
government.
● The Leader of the Opposition plays a crucial role in the selection committees for the appointment of Lokpal,
Central Vigilance Commissioner (CVC), and Director of the Central Bureau of Investigation (CBI).
● This role ensures the government remains accountable to the House.
● For example, in the United Kingdom, the Leader of the Opposition has an official purpose. Similarly, in the United
States, the opposition has an institutional role.

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Lecture 07: Attorney General, Advocate General
Attorney General (Article 76):
● The Attorney General is appointed by the President of India and serves at the President's pleasure.
● He must be qualified to be a judge of the Supreme Court of India.
● His remuneration is decided by the President's order and there is no fixed salary.
● He does not have a fixed tenure and submits his resignation to the President.
Functions and Powers:
● The Attorney General represents the government in the courts of India.
● He provides legal advice to the President and the government on various legal matters.
● He can attend either the House of Parliament (without the right to vote) or any court in India.
● He may be a part of a parliamentary committee if required.
● He enjoys the same privileges and immunities as a Member of Parliament (MP).
● He cannot handle cases against the government of India.
● He is not permitted to defend any criminal during his personal legal practice.
● He cannot hold a directorial position in any company or corporation without government permission, to avoid
conflicts of interest with his constitutional duties.
Position of Attorney General in the USA:
● The Attorney General is the principal legal adviser to the government and serves as the chief lawyer for the
government.
● He is part of the executive branch and holds the position of the law minister.
● The Attorney General is appointed by the President and confirmed by the Senate.
● He can be impeached by the Senate and removed by the President.
Solicitor General:
● The Solicitor General is a law officer who assists the Attorney General in judicial matters.
● He is supported by a team of Additional Solicitors General.
● This post was created under the Law Officers (Conditions of Service) Rules, 1972, making it a statutory position.
● The eligibility criteria for the Solicitor General are the same as those for the Attorney General.
● The tenure of the Solicitor General is three years, with the possibility of reappointment.
● His primary role is to assist the Attorney General in legal and judicial matters.
Advocate General (Article 165):
● On the lines of Attorney General, the post of Advocate General has been created.
● He is the highest law officer in the State. Thus, he corresponds to the Attorney General of India.
Appointment and Qualification:
● He is appointed by the Governor of the concerned state.
● He must be qualified to be appointed as the judge of the High Court.
● The Constitution does not define any fixed term for the Advocate General.

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● He remains in office upon the pleasure of the Governor.
Duties:
● It shall be the duty of the Advocate General to give advice to the governor.
● He can take part in legislative assembly proceedings, but he cannot vote in any proceedings.

● The solicitor general, attorney general resigns to the law minister who then sends the resignation to the president.

Article 78:
● It shall be the duty of the Prime Minister to communicate all the decisions of the Council of Ministers to the
President.
Governor:
Article 153:
● It talks about the office of the Governor for each state.
● There can be one Governor for more than one state (a person who is a governor, at the same time that person can
be a governor for more than two states).
Article 154:
● The Governor performs executive functions of the state.
Article 155:
● He is appointed by the President with a warrant and seal in his hand (it means that an authority has been given to
take the decisions for the effective functioning of the Constitution).
● In the Raghukul Case, the court held that the governor is not the employee of the center, he holds an independent
office.
Article 156: (Term/ Tenure):
● In the constitution, the governor's tenure is 5 years, but actually holds the office at the pleasure of the President.
● The Governor can continue after 5 years until the new governor gets appointed.
Article 157: Qualification
● A candidate to be governor, should have attained a minimum of 35 years of age.
● He should be a citizen of India.
Article 158:
● He shall not be a member of any house of the parliament and state legislature.
● Governors should not hold any office of profit.
● In case a person is governor of two or more states, then the president will decide the salary and it will be divided
among the state governments of the two states).
Article 159: Oath
● The oath and affirmation of the Governor is administered by the Chief Justice of the High Court or any other
senior judge in his absence.
Article 161: Pardoning Powers
● Governor has the power to pardon, reprieve, respite, remission, and suspension.
History of Governor’s Office:
● In 1858: Governors were the agents of the crown.

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● In 1935: The office of the Governor was established to work according to the council of ministers but with special
and discretionary powers.
● From 1947-50: Constituent assembly debates, the issue of the Governor's office was widely discussed.
○ Dr. B. R. Ambedkar referred to the office of the governor as an ornamental figure, who should be given
limited powers and nominal status.
Debate on Elected vs Nominated Governor:
● There was a discussion between the Constituent Assembly members about whether the Governor should be elected
or nominated.
● Cons of direct election of Governor:
○ In direct competition with the Chief Minister post.
○ It is against the idea of parliamentary democracy.
○ The Governor doesn’t have much power, hence elections would be a waste of time and money.
○ If elected, he will remain partisan in nature, thus the clash between CM and Governor.
○ In case of an election, the CM would ensure that the Governor shall be from his party.
● Why is the Governor nominated?
○ It will ensure a proper functioning between center and state.
Office of the Governor and Federalism:
● The governor office protects the unitary function of the constitution.
● The Supreme Court in the SR Bommai case of 1994 has held that the duty of the Governor is to ensure the smooth
functioning of the State government and Centre government.
Issues with the Governor’s Office:
● Rehabilitative office: The Governor post has become a retirement package for faithful politicians.
● Misuse of discretionary powers: The Governors have misused these powers to give political advantage to the
union government and many times governors are involved in active politics. For example, Articles 356 and 201.
● He has remained a mere rubber stamp of the center.
Recommendations of Sarkaria Commission on Governor’s Office:
● The Governor should be appointed in consultation with the
○ Vice President,
○ Leader of the opposition, and
○ Chief Minister of the state.
● His tenure must be guaranteed (full 5 years completion).
● In case of resignation or removal, a proper statement explaining the cause of removal should be released.
● Frequent removals and transfers should be stopped.
● The Governor should remain a politically neutral person.
● Governor should not be the resident of the state, he is being appointed.
● After serving the Governor’s term, a person should not be eligible for any other post, (except President and the
Vice President, or the second term). This is to ensure the impartiality of the post.

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Lecture 8: State Executives, Parliament
State Executive
Council of Ministers:
● Article 163: There shall be a CM (as head) and Council of Ministers (CoM) to aid and advise the Governor.
● Article 164: The tribal minister should be appointed for the states of Chattisgarh, Jharkhand, Orissa, Madhya
Pradesh.
● The strength of the council of ministers shall not be more than 15% of the total membership of the legislative
assembly including CM. However, it should not be less than 12 members (only for state legislature).
● CM can be from the legislative assembly or legislative council .

Parliament:
Article 79:
● It says that the Parliament should consist of:
○ House of the People (Lok Sabha),
○ Council of States (Rajya Sabha), and
○ The President.
● The word Parliament means a supreme legislative body for debate, discussion and law making.
Bicameralism:
● Union Parliament is bicameral in nature (two houses) at Union level where two houses are there:
○ Lok Sabha
○ Rajya Sabha
Rajya Sabha (Article 80):
● Rajya Sabha represents the states and union territories of India.
● States have unequal representation in Rajya Sabha based on their population.
● Article 80 talks about the Council of States.
● It consists of total 250 seats:
○ 238 members are indirectly elected.
○ 12 members are nominated by the President.
● Currently, 233 seats are open for election and 12 seats are open for nomination.
● Rajya Sabha members are elected by the members of State Legislative Assemblies through a single transferable
vote and proportional representation system.
● The President nominates 12 members from fields such as science, literature, social service, and art.
Elections:
● Union territories that do not have a legislative assembly cannot send representatives to Rajya Sabha.

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● Chandigarh has recently demanded representation in Rajya Sabha.
● The MPs to Rajya Sabha are elected through the formula:
○ Quota to Win = [value of vote/ (vacancies + 1) +1] x 1 / 1000
■ The value of vote is calculated as the number of MLAs × 100, with each MLA having a value of
100.
● Candidates must be proposed by at least 10% of the strength of the house.
● The election is held through an open ballot system, as allowed by the Supreme Court.
Article 83:
● Rajya Sabha is a permanent house because no term limit is specified in the Constitution.
● One-third of the members retire every two years, ensuring continuous functioning.
● Rajya Sabha members serve a six-year term as per the Representation of People's Act, 1951.
● To maintain the permanent status of the house, members retire every two years.
Open Ballot:
● The Supreme Court has allowed an open ballot system in Rajya Sabha elections.
● Candidates are elected based on preference voting.
Lok Sabha:
● Article 81 provides for the composition of the Lok Sabha (House of People).
● It says that Lok Sabha shall consist of total members of 550 (based on the 1971 population Census) of which 530
are elected from States and 20 seats are from UTs.
● Currently, 543 as the final strength of the house as 7 seats are not allocated due to lack of populations in
certain UTs.
● The 104th Constitutional Amendment Act removed the provision for two nominated Anglo-Indian members by
the President.
● The term of Lok Sabha is 5 years and it is not a permanent house.
● During the time of emergency, the term of the Lok Sabha can be extended for one year.

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Chapter - 05
Legislature

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Lecture 01: State Executives, Parliament (Part 02)
Article 84 - Qualification of Members:
● This article lays down qualifications for the Members of Parliament.
● Following are the conditions:
○ He/she must be a citizen of India.
○ He/she must make and subscribe to an oath or affirmation to the election commission as per third
schedule.
○ He/she must be not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years
of age in the case of the Lok Sabha.
● Article 84 (c) authorizes Parliament to prescribe any other qualifications as it may deem fit.
Vacancy in Lok Sabha/Rajya Sabha:
● If any seat gets vacant before the expiry of its term, fresh elections should be conducted within 6 months, but
the election commission has final decision in the elections.
Article 82 - Delimitation:
● As per Article 82, the Parliament enacts a Delimitation Act after every Census.
● The term Delimitation means Readjustment of territorial constituencies of Lok Sabha and legislative
assemblies. It is done to ensure an equal number of representation under each MP.
● This process is done through a Delimitation commission.
Delimitation Commission:
● It is a statutory body (not a constitutional body).
● It is appointed by the President of India and works in collaboration with the Election Commission of India.
● Its Composition are:
○ Retired judge of Supreme Court as chairman
○ Chief Election Commissioner
○ Chief Election officer from the Respective States concerned
● Till now, the Delimitation Commission has been constituted four times on a national basis viz. 1952, 1963, 1973,
and 2002. In 2019, the commission was set up for Jammu and Kashmir, and for Assam in 2023.
● The decision of the delimitation Commission is final and binding. It cannot be challenged in Court.
Jammu and Kashmir Delimitation:
● Reconstitution of the Assembly: The delimitation process involved the reconstitution of the Jammu and Kashmir
Legislative Assembly.
● Increase in Seats: The number of seats in the Jammu and Kashmir Legislative Assembly has been increased.
● Additional Seats for Jammu: A significant portion of the additional seats has been allocated to the Jammu region.
● Reservation for SC and STs: The delimitation also included provisions for the reservation of seats for Scheduled
Castes (SC) and Scheduled Tribes (ST) in the Legislative Assembly.
Gerrymandering:
● Gerrymandering is a technique used in the USA to redraw electoral constituencies in a way that manipulates the
electoral results.
Issues with Gerrymandering:
● Unethical Practice: Gerrymandering is considered an unethical practice because it distorts the fairness of elections.

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● Misuse for Electoral Gain: It can be misused by political parties to secure an unfair advantage and influence
election outcomes.
● Imbalance in Elections: Gerrymandering creates imbalances in the election process, leading to disproportionate
representation.
Article 88:
● Ministers and Attorney generals have the right to sit in either house of parliament (but cannot vote).
Article 89 - Officers of the Parliament:
● There shall be a chairman and deputy chairman of the Rajya Sabha.
● Chairman: The Vice-President of India to be the ex-officio Chairman of the Rajya Sabha
● Deputy Chairman: The Deputy Chairman would be the member of Rajya Sabha.
○ He performs the duties of the Chairman's office when it is vacant or when the Vice -President acts as
President or discharges the functions of the President.
○ He also acts as the Chairman when the latter is absent from the sitting of the House.
Role of Deputy Chairman:
● To ensure smooth functioning in the absence of chairman.
● He shall be responsible for continuity of the house if there is no chairman.
● Whenever he is chairman, he will enjoy all the benefits of the post.
Article 90:
● Deputy chairman cannot continue if he is not the member of the house anymore.
● The Deputy Chairman can resign from his post by giving his resignation to the Chairman of the Rajya Sabha.
(The Chairman resigns to the President).
● The Deputy Chairman can be removed from his office by the majority of the members of the house by the majority
of all then members (Effective majority).
● For his removal, a resolution has to be moved into the house with at least 14 days of prior notice.
Power of Deputy Chairman:
● When the chairman office is vacant then the deputy chairman or any other member of the house will take the chair.
This provision is established by the president's order.
A panel of Deputy Chairman:
● During the absence of deputy chairman, the panel will take care of the chair functions.
● Usually, this panel has 10-12 members appointed for the purpose.
● The President is duty bound to constitute such a panel.
● Usually, the Rule of the house gives power to the chairman to form this panel as soon as it gets vacated.
Article 92:
● During the removal of the Vice President,, he cannot preside over the proceedings of the Rajya Sabha but he
will have right to speak during his removal process but cannot vote.
● In case of the Deputy Chairman, he will also not chair and can sit as a member (MP) only.

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Lecture 02: Speaker, Deputy Speaker
Article 93: Speaker/ Deputy Speaker:
● Both the Speaker and Deputy Speaker are constitutional posts.
● They must be elected as soon as a new Lok Sabha is formed.
● In a newly formed house, a Pro-tem Speaker is appointed by the President to preside over the house temporarily.
● The Pro-tem Speaker has the duty to administer oaths to new members, oversee the election of the Speaker, and
conduct the floor test.
● The Constitution also permits the outgoing Speaker to continue as the Pro-tem Speaker.
● The Speaker is elected from among the members of the Lok Sabha by a majority vote.
● To assist the Speaker in their duties, a Deputy Speaker is also elected.
● Both the Speaker and Deputy Speaker are elected posts.
Article 94 (Removal):
● The Speaker or Deputy Speaker can be removed through a resolution passed by a majority of the current members
of the Lok Sabha (effective majority).
● A 14-day prior notice is required before such a resolution can be moved.
● The Speaker submits their resignation to the Deputy Speaker, and the Deputy Speaker submits their
resignation to the Speaker.
● If the Speaker or Deputy Speaker is no longer a member of the house, they cannot continue in their respective roles.
● Both the Speaker and Deputy Speaker have the right to vote during their removal process.
● Casting Vote: Under Article 100, the Speaker, Chairman, or the person presiding over the house does not have
the right to vote initially, but they do have a tie-breaker vote
Role of Speaker:
● The Speaker acts as the presiding officer of the Lok Sabha.
● The Speaker has the final authority to decide whether a bill is a Money Bill or not.
● The Speaker interprets the rules governing the functioning of the house.
● The Speaker ensures the maintenance of decorum and discipline within the house.
● The Speaker has the power to disqualify any Member of Parliament (MP) under the provisions of Schedule X of
the Constitution, a power also held by the Chairman of the Rajya Sabha.
● The Speaker can suspend any member of the Lok Sabha for misconduct, which is a power also granted to the
Chairman of the Rajya Sabha.
Article 99:
● The oath of office for a Member of Parliament (MP) must be administered by the President or a person authorized
by them.

Article 100:
● All matters in the House shall be decided by the majority of the present and voting (simple majority).

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● The speaker and Chairman will always have a casting vote (will vote only in case of a tie).
● House to be run by Quorum:
○ The house must meet the quorum for proceedings to begin, which is ideally 1/10 of the total members. This
amounts to 54 members in the Lok Sabha and 25 members in the Rajya Sabha.
Article 101:
● No person can be a member of both houses at the same time.
● If an MLA is elected as an MP, then he has to resign from his MLA post, otherwise, his MP seat will become vacant.
● An MP shall resign to a chairman or the speaker of the respective house.
● The 33rd Amendment added a point in Article 101 and gave ultimate power to the chairman or the speaker
with regard to the resignation of the MPs. Here, the chairman/speaker can deny such resignation if he is
satisfied that the resignation is involuntary or not genuine.
● The Supreme Court in various cases has highlighted this amendment as misuse of power, for example, in the
Karnataka assembly case.
● If any MP is absent from the house for more than 60 days without permission, he will be removed from his
seat.
Article 102:
It contains two clauses. Article 102(1) and Article 102(2)
● It deals with the disqualification of members of either House of Parliament-
○ The following are the conditions for the disqualification of the member, Article 102(1):
■ Office of Profit: if he holds any office of profit under the Union or state government (except that
of a minister or any other office exempted by Parliament) (Article 102(1)(a)).
■ Unsoundness of Mind: if he is of unsound mind and stands so declared by a court, Article
102(1)(b)
■ Undischarged insolvent: if a person is undischarged insolvent, Article 102(1)(c)
■ Has voluntarily acquired citizenship of any other country: if he is not a citizen of India, has
voluntarily acquired the citizenship of a foreign state, or is under any acknowledgment of allegiance
to a foreign state. (Article 102(1)(d))
● Note: The above four disqualifications are done by the President.
■ By or under any law made by Parliament, Article 102(1)(e)
○ A person shall be disqualified for being a member of either House of Parliament if he is so disqualified
under the Tenth Schedule, Article 102(2)
■ This disqualification is finalized by the Speaker.
Article 103:
● For disqualifications under Article 102(1)(a), (b), (c), and (d), the President refers the matter to the Election
Commission of India.
● The Election Commission's decision is binding on the President.

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Lecture 03: Office of Profit and Anti-Defection
Office of Profit:
● The term office of profit is not defined in the Constitution.
● It means that any individual who holds any office under Government and receives some benefits from there is
an office of profit.
● Its objective is to ensure separation of power and avoid any conflict of interest.
● The Supreme Court in the Jaya Bachchan Case 2006 held that the office of profit can be identified on three
grounds:
○ Test of pecuniary gains (if receiving some income)
○ Executive nature of the office (have decisive powers)
○ Powers under the office
● In Delhi Assembly Case 2017, the High Court held that there should be some law defining the office of profit.
The court also held that the post of Parliamentary Secretary breaches the office of profit concept.
● Prevention of Disqualification Act 1959: This Act does not define the term office of profit rather it exempts
certain posts from this office.

Parliamentary Secretary:
● A Parliamentary Secretary is typically an elected representative (MLA/MP) designated to support ministers
in their responsibilities, receiving certain salaries, benefits, and perks.
● In the Punjab Parliamentary Secretary Case, 2018, the High Court ruled that this position qualifies as an office
of profit and hence should not be permitted. It clarified that even honorary posts, if accompanied by perks or the
potential for conflict of interest, can qualify as offices of profit.

Anti-Defection Law:
● Defection refers to the act of an MP (Member of Parliament) or MLA (Member of Legislative Assembly)
switching allegiance from the political party they were elected under to another party. It also includes
instances where an independent MP/MLA joins a political party after being elected.
● This law was introduced to address the widespread issue of political instability caused by frequent party -switching,
famously referred to as the "Aya Ram, Gaya Ram" phenomenon in Indian politics.
52nd Amendment Act, 1985:
● The 52nd Amendment Act, 1985 added the Tenth Schedule to the Constitution, which laid down the process by
which legislators may be disqualified on grounds of defection.
● Grounds for Defection:
○ Elected MLA /MP joins other party
○ Independent MLA joins some political party
○ Nominated MP joins a political party after 6 months of nomination

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○ Any MP/MLA abstains from voting in house or defies the whip of the party.
■ A legislator can avoid disqualification in this case if they have prior permission from the party or
if the party condones their action within 15 days.
Exceptions of Anti-Defection Law:
● The Speaker, Deputy Speaker of the Lok Sabha and State Legislative Assemblies, and the Deputy Chairman of
the Rajya Sabha and State Legislative Councils are exempt from disqualification under the Anti-Defection Law if
they resign from their party upon election to their respective posts. This exemption ensures their impartiality
while performing constitutional duties.
● If two-thirds of the members of a legislature party decide to merge with another political party, it does not
constitute defection. Initially, this threshold was set at one-third but was raised to two-thirds through the 91st
Constitutional Amendment Act of 2003 to prevent misuse and encourage stability.
● When two political parties merge, any member of the legislature has the right to choose not to join the newly
formed party. Such members are not considered to have defected, preserving their freedom of association.

Note:
● The Tenth Schedule of the Constitution states that the judiciary is barred from interfering in matters related
to disqualification under the Anti-Defection Law.
● However, in the landmark Kihoto Hollohan case (1992), the Supreme Court held that the Speaker’s decision
on disqualification is subject to judicial review.
● This judgment ensures a balance between the Speaker's authority and the need for fair adjudication, allowing
courts to examine whether the Speaker's decision adheres to constitutional principles and natural justice.

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Lecture 04: Functions of Speaker
Functioning of the Office of Speaker:
● The office of the Speaker has often been accused of favoring the ruling party, with claims of biased decisions that
threaten the principles of parliamentary democracy.
● The Supreme Court, in various cases, has attempted to address concerns regarding the Speaker's impartiality.
● In the Kihoto Hollohan case (1993), the Court held that the Speaker functions as a tribunal, and any biased actions
would undermine the fairness of the process. As such, the judiciary has the authority to review decisions made by
the Speaker.
● In the R.S. Naik case, the Court ruled that the Speaker is obliged to accept the resignation of MPs or MLAs and
directed Parliament to amend the 33rd Amendment.
● In the Kaisham Meghchand case (2020), the Court mandated that the Speaker must dispose of anti-defection cases
within three months. Additionally, the Court suggested that the power to decide on disqualification should be
entrusted to an independent tribunal, potentially consisting of a retired Supreme Court judge or a retired High Court
Chief Justice, or even to the President or Governor.
Other Reforms in Speaker’s office:
● The certification of money bills should not be misused, and to prevent this, India could adopt the UK's model, which
involves a certification committee on money bills comprising the Speaker and two senior MPs.
● To ensure impartiality, the Speaker should be required to resign from their political party upon assuming office.
● The Speaker could be granted a lifetime seat in the Rajya Sabha, ensuring independence and long-term stability.
● The Page Committee of Britain has suggested that the Speaker be allowed to contest for a second term as an MP
without opposition, ensuring their continued role without the pressure of elections
Importance of Anti-Defection Laws:
● Ensures Stability: Anti-defection laws contribute to government stability by preventing frequent shifts in party
allegiance.
● Increases Faith in the Political System: These laws ensure that candidates elected with the support of their party
and on the basis of the party's manifesto remain loyal to the party's policies.
● Reduces Horse-Trading: The anti-defection law was introduced to curb the influence of money and prevent the
practice of horse-trading, which involved bribery and cross-voting, leading to unstable governments.
● Ensures Party Discipline: By discouraging defections, the law promotes greater party discipline and cohesion.
● Addresses the Problem of Money-Muscle Power in Politics: The law has helped reduce the influence of money
power in legislative processes, making government survival and passing of legislation less dependent on bribery.
Issues with Anti-Defection Law:
● Misuse of the Law by the Speaker: The law has been misused in certain instances, such as in Arunachal Pradesh
and Uttarakhand, where the Speaker was accused of falsely dissenting on MPs/MLAs.
● Affects Democratic Functioning: The law may limit democratic processes by restricting freedom of choice for
elected representatives.
● Limits Parliamentary Debates: The law restricts MPs' ability to express independent views due to the pressure of
the party whip.

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Way Forward:
● The Law Commission’s 1999 report recommends limiting the scope of the whip to ensure MPs have more freedom
in decision-making.
● As suggested by the Himachal Pradesh Assembly Bill 2024, post-retirement benefits of defector legislators should
be withdrawn.
● Reforms in the Speaker's office should include implementing the Supreme Court's directions in the Kaisham
Meghchand case, such as a time-bound process for addressing anti-defection cases.

In Nabam Tabia Case 2016, the court held that if the speaker is facing a removal resolution he cannot decide on a
disqualification application.

Whip:
● The whip is neither a constitutional nor a statutory tool but a political instrument used by parties to maintain
discipline in the legislature.
● It ensures uniformity in decisions taken by the party through its MPs.
Types of Whip
● One-line Whip: An instruction issued to members, such as a notice about voting in the house.
● Two-line Whip: Directs members to be present in the house and vote as per the party's direction.
● Three-line Whip: The strictest form of whip, issued for critical matters such as no-confidence motions, budget
approvals, and voting for Rajya Sabha or legislative assembly elections.
○ Deviation from a three-line whip often results in disqualification from party membership and removal from
the house.
Pros of Whip
● It promotes discipline within the house, ensuring party members adhere to party directives.
● The whip helps align the party's decisions with its core ideology and objectives.
● It ensures uniformity in the functioning of party members, maintaining consistency in their actions.
Cons of Whip
● The whip may force MPs to act against their conscience, limiting their personal judgment.
● It can be seen as undemocratic, as it restricts the MPs' freedom to make independent decisions.
● The whip often prioritizes party interests over the aspirations of the constituency, as seen during debates on
controversial issues like the farm laws.
International Examples
● In the UK and the USA, the whip system allows greater independence for MPs.
○ In the UK, MPs disqualified for violating a three-line whip can continue as independent members.
○ In the USA, MPs have the freedom to vote against the whip without facing disqualification.
Chief Whip
● The Chief Whip is an MP from a political party responsible for ensuring the party's members function cohesively.
● In India, the post is recognized under the Chief Whip Act, 1998.
○ A political party requires at least 55 members in the Lok Sabha or 25 members in the Rajya Sabha to appoint
a Chief Whip.

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Lecture 05: Parliamentary Privileges
Issues and Solutions of Speakers Office
Key Provisions of Article 104 of the Indian Constitution
● Penalty for Unauthorized Participation: This article deals with the consequences for a Member of Parliament
(MP) who participates in parliamentary proceedings without fulfilling the necessary requirements.
● Requirements:
○ Oath or Affirmation: MPs are required to take an oath or affirmation under Article 99 before participating
in parliamentary proceedings.
○ Qualifications: They must possess the necessary qualifications for membership as outlined in the
Constitution.
○ No Disqualification: They must not be disqualified from membership under any applicable law.
● Penalty:
○ If an MP participates in parliamentary proceedings without fulfilling these requirements, they are liable to
a penalty of ₹500 for each day of such participation. This penalty is recoverable as a debt due to the Union.
● In essence, Article 104 ensures that only those who have taken the oath and are qualified to be MPs participate in
parliamentary proceedings. It serves to maintain the integrity and legitimacy of the legislative process.
Key Provisions of Article 105 of the Indian Constitution:
● Powers, Privileges, and Immunities of Parliament:
○ Freedom of Speech: Grants freedom of speech in Parliament to its members, subject to the provisions of
the Constitution and the rules and standing orders of the House. This is crucial for open and robust debate
within the legislative chamber.
○ Immunity from Legal Proceedings: Protects MPs from legal action in any court for anything said or any
vote given by them in Parliament or any committee thereof. This ensures that MPs can freely express their
views without fear of legal repercussions.
○ Protection for Publications: No person can be held liable for the publication by or under the authority of
either House of Parliament of any report, paper, votes, or proceedings. This safeguards the dissemination
of parliamentary proceedings and reports to the public.
○ Evolution of Powers and Privileges: Allows each House of Parliament to define and evolve its own
powers, privileges, and immunities from time to time. This recognizes the dynamic nature of parliamentary
proceedings and the need for flexibility.
Types of Parliamentary Privileges:
● Individual Privileges
○ Freedom of Speech: MPs can express their views freely within Parliament without fear of legal
repercussions.
○ Immunity from Legal Proceedings: Protects MPs from lawsuits for statements made or votes cast in
Parliament.

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○ Right to Access Information: Enables MPs to gather information needed for their duties.
○ Exemption from Jury Service: Recognizes the importance of parliamentary duties and frees MPs from
this civic obligation.
● Collective Privileges
○ Right to Regulate Proceedings: Parliament sets its own rules, decides how it functions, and maintains
order within its chambers.
○ Power to Punish for Contempt: Parliament can punish those who obstruct its proceedings or defy its
authority.
○ Control Over Premises and Staff: Parliament manages its own buildings, staff, and resources.
○ Right to Exclude Strangers: Maintains order and decorum during proceedings.
○ Right to Publish Reports: Promotes transparency by making parliamentary work public.
○ Right to Hold Secret Sessions: Allows for confidential discussions on sensitive matters. It is a collective
privilege enjoyed by Parliament under Article 105 of the Indian Constitution. This privilege allows
Parliament to hold meetings where the public and media are excluded.
○ Purpose of Secret session: Allows for deliberations on sensitive information without compromising
national security. Enables open and frank discussions on matters of national security, intelligence, and other
highly confidential issues.
Important Considerations:
● These privileges are not absolute. They are subject to the provisions of the Constitution and the rules and standing
orders of Parliament.
○ Judicial Scrutiny: The scope and limits of these privileges have been subject to judicial review in various
cases.
○ Balance of Power: Article 105 needs to be balanced with the rights of citizens and the principles of open
and accountable governance.
● Article 105 provides a framework for the powers, privileges, and immunities of Parliament, ensuring the smooth
and effective functioning of the legislative branch while upholding the principles of free speech and parliamentary
debate.
Breach of Parliamentary Privilege:
● A breach of parliamentary privilege occurs when any individual or authority undermines the rights, privileges, and
immunities of either individual members of Parliament or the House as a whole.
● These privileges are essential for Parliament to function effectively and for MPs to fulfill their duties without
hindrance. They aim to protect the dignity and authority of Parliament and ensure the smooth conduct of
parliamentary proceedings.
Significance of Parliamentary Privilege:
● Upholding Parliamentary Dignity: Protects the honor and respect due to the legislative body.
● Ensuring Smooth Functioning: Allows for orderly debates and prevents disruptions that hinder legislative
business.

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● Protecting Members' Rights: Safeguards the freedom of speech and action of MPs within the parliamentary
framework.
● Maintaining Public Trust: Reinforces the integrity and credibility of the legislative process in the eyes of the
public.
Criticism of Parliamentary Privilege:
● Potential for Abuse: The power to punish for contempt can be misused by the ruling party to stifle dissent or target
opposition members.
● Vagueness of Definitions: The definition of what constitutes a breach of privilege is often ambiguous, leading to
arbitrary and subjective interpretations.
● Impact on Freedom of Speech: Critics argue that overly broad interpretations of privilege can curtail legitimate
criticism of MPs and parliamentary proceedings, potentially hindering free speech.
● Lack of Judicial Oversight: While some judicial oversight exists, the final decision on breaches of privilege often
rests with the House itself, raising concerns about potential bias.

Venkatachaliah Committee Recommendations

● Codification of Privileges: Clearly define and legislate parliamentary privileges to reduce ambiguity.
● Enhanced Judicial Review: Increase the role of courts in reviewing breach of privilege cases.
● Emphasis on Reconciliation: Encourage dialogue and resolution over punitive measures.
● Transparency and Accountability: Establish clear, transparent, and fair procedures for investigating and
adjudicating breaches.

Breach of Parliamentary Privilege:

● A breach of parliamentary privilege occurs when any individual or authority undermines the rights, privileges,
and immunities of either individual members of Parliament or the House as a whole.
● These privileges are essential for Parliament to function effectively and for MPs to fulfill their duties without
hindrance. They aim to protect the dignity and authority of Parliament and ensure the smooth conduct of
parliamentary proceedings.
● It is crucial to ensure that these powers are exercised responsibly and within a framework that upholds the
principles of democracy, free speech, and the rule of law.
MPLADS: Members of Parliament Local Area Development Scheme
● A central sector scheme introduced in 1993. Under the Ministry of statistics and programme implementation
(MoSPI).
● Enables MPs to recommend developmental works in their constituencies based on locally felt needs.
● Focuses on creating durable community assets like physical infrastructure for health, education, etc.
Objectives:
● To enable MPs to contribute to the development process in their constituencies.
● To supplement existing schemes and address local development needs.

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● To empower local communities through participatory development.
Working Mechanism:
● Allocation of Funds: Each Member of Parliament (MP) is allocated ₹5 crore per year, which is a non -lapsable
fund, meaning unused funds can be carried forward.
● Recommendation Process: MPs recommend developmental projects within their constituencies.
● Sanctioning and Implementation: The district authorities are responsible for sanctioning and implementing the
recommended projects.
● Oversight: State-level nodal departments oversee the execution and monitoring of these projects, ensuring that
funds are utilized appropriately.
Role of Different MPs:
● Lok Sabha MPs: MPs from the Lok Sabha can recommend projects within their respective constituencies.
● Rajya Sabha MPs: MPs from the Rajya Sabha are entitled to recommend projects within their respective states.
● Nominated MPs: Nominated MPs have the flexibility to recommend projects across the country.
Fund Allocation and Reservation:
● General Allocation: Funds are allocated to MPs regardless of their political party affiliation.
● Reservation for Marginalized Groups:
○ 15% of the funds are earmarked for projects benefiting Scheduled Castes (SCs).
○ 7.5% of the funds are reserved for projects benefiting Scheduled Tribes (STs).
Criticisms of MPLADS:
● Lack of Transparency and Accountability: Concerns over misuse of funds and lack of proper monitoring
mechanisms. Limited public access to information regarding project selection, implementation, and expenditure.
(CAG Report)
● Political Patronage and Misuse: Accusations of funds being used for political gains, benefiting specific
communities or individuals, or even for personal enrichment. Potential for bias in project selection, favoring areas
with higher political support.
● Duplication of Efforts: Overlaps with existing government schemes, leading to inefficient resource allocation and
potential wastage of public funds.
● Erosion of Federalism: Critics argue that MPLADS encroaches upon the domain of local self -governing
institutions like Panchayats and Municipalities, undermining their autonomy in development planning and
implementation.
● Lack of Impact and Sustainability: Limited evidence on the actual impact of MPLADS on ground -level
development outcomes. Concerns about the sustainability of projects and their long-term impact on local
communities.
● Violation of Constitutional Principles: Some argue that MPLADS violates the principle of separation of powers
by allowing legislators to perform executive functions, such as project selection and implementation.

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Reforms for Enhancing MPLADS:
● Enhance Transparency: Create a user-friendly online platform with real-time data on project proposals, approvals,
budgets, implementation progress, and expenditure. This allows for greater public scrutiny and accountability.
● Social Audits: Conduct regular and independent audits of MPLADS projects to ensure proper utilization of funds
and identify any irregularities. These audits should be made public to enhance transparency.
● Improve Project Selection: Focus on projects that address critical local needs such as access to clean water,
sanitation, education, healthcare, and infrastructure development. This ensures that funds are used for projects with
maximum social impact.
● Empower Local Bodies: Empower local self-governing bodies like Panchayats and Municipalities to play a more
significant role in project planning, implementation, and monitoring. This strengthens local governance and ensures
that development efforts are aligned with local priorities.
● Regular Evaluation & Review: Conduct regular and independent impact assessments to evaluate the effectiveness
of MPLADS projects in achieving their objectives. Analyze the data collected from impact assessments to identify
areas for improvement and make necessary adjustments to the sc heme.

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Lecture 06: Budget
Article 106:
● The salaries of MPs shall be decided by parliament.
Article 107: Ordinary Bills
● Bills are proposals by lawmakers which when approved by parliament and assented by the President becomes the
law.
Classification of the Bill:

Public Member Bill Private Member Bill

● Introduced by the ministers. ● Introduced by other than the government MPs.

● Priority is given to such a bill. ● Example: Ravi Kishan and Manoj Tiwari

Other Categories of Bill

● Ordinary bill (Article 107)
● Money bill (Article 110)
● Financial bill (Article 117)
● Constitution Amendment (Article 368)
Ordinary Bill (Article 107):
● It consists of matters of general legislation. For example,
Bharatiya Nyay Sanhita (BNS), IT laws etc.
Article 110: Definition of Money Bill
● These bills are concerned with financial matters like
taxation, public expenditure, etc.
● Under Article 110 (1) of the Constitution, a Bill is deemed to be a Money Bill if it contains only provisions dealing
with all or any of the following matters, namely:
○ the imposition, abolition, remission, alteration or regulation of any tax.
○ the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or
the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the
Government of India.
○ the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into
or the withdrawal of moneys from any such fund.
○ the appropriation of money out of the Consolidated Fund of India.
○ the declaring of any expenditure to be charged on the Consolidated Fund of India or the increasing of the
amount of any such expenditure.

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○ the receipt of money on account of the Consolidated Fund of India or the public account of India or the
custody or issue of such money or the audit of the accounts of the Union or of a State.
○ any matter incidental to any of the matters specified in sub-clauses (a) to (f) for imposition, regulation,
alteration, remission, abolition of taxes.
What is not a Money Bill: Article 110(2)
● A Bill is not deemed to be Money Bill by reason only that it provides for the imposition of fines or other pecuniary
penalties, or for the demand or payment of fees for licenses or fees for services rendered, or by reason that it
provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body
for local purposes.
Process for Money Bill:
● This bill is presented only in Lok Sabha, i.e., it cannot be introduced in the Rajya Sabha.
● It is introduced only after the President’s recommendation.
● It is introduced upon the certification of the speaker.
● Bill should follow the three-stage process:
○ Reading stage
○ Discussion stage
○ Voting stage
● In case a money bill is passed by the Lok Sabha, the Rajya Sabha has to decide about that bill in 14 days, if not
passed in 14 days it would be deemed to be passed.
● The Money Bill has to be returned to the Lok Sabha with or without the recommendations of the Rajya Sabha. Lok
Sabha has the power to reject or accept those recommendations.
● If the recommendations are accepted by the Lok Sabha, then the bill is deemed to be passed by both the houses
with Rajya Sabha’s recommendation.
● If the recommendations are rejected by the Lok Sabha, then the bill is deemed to be passed by both houses without
Rajya Sabha’s recommendation.
● Speaker's certification is final and cannot be questioned anywhere.
Issues with Certification of Money Bills:
● In recent times, the government has been accused of certifying various ordinary bills as money bills. For example,
Aadhaar bill, Revenue Bar Association case (Judicial Tribunal Bill), Cessation of liabilities Act.
● In these above cases, the court was of the view that the speaker has the power to identify what is a money bill and
hence the court said that these bills should remain money bills.
● In the Raja Rampal Case 2007, the Supreme Court held that it cannot interfere in procedural matters of the
parliament.

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Aadhaar Bill (Puttaswamy Case) Case, 2018:
● In deciding whether any bill is a money bill or not, the court followed the doctrine of pith and substance and
decided that the Aadhar bill by its very nature is a money bill.
● Similarly, In the Cessation of Bank Liability Act of 2017, The court said that this bill is also a money bill.
Doctrine of Pith and Substance:
● Pith means true essence and substance means the text of the law.
● This doctrine says that, If the core matter is within the competent authority then it is allowed even if it encroaches
the domain of another legislature.
● In F.N.Balsara Case the court held that if the import, export power of central government encroaches with the
health care power of the state government then the pith of the law will be studied.

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Lecture 07: President Veto and Budget
Process of lawmaking in Parliament:
Introduction of the Bill:
● Origin: A Bill can originate in either the Lok Sabha (Lower House) or the Rajya Sabha (Upper House).
● Types:
○ Government Bills: Introduced by a
Minister on behalf of the
government. These usually address
major policy initiatives or urgent
matters.
○ Private Member's Bills:
Introduced by any other Member of
Parliament. These are often aimed at
addressing specific concerns or
social issues.
First Reading:
● Formal Introduction: The title of the Bill is
formally read out in the House.
● Brief Explanation: A brief explanation of
the purpose and main objectives of the Bill is given by the member introducing it.
● No Debate: This stage is primarily a formality and no debate or discussion takes place.
Second Reading:
● Detailed Discussion: This is the most crucial stage. Members of Parliament engage in a detailed discussion on the
principles and provisions of the Bill.
● Amendments: Members can propose amendments to the Bill, suggesting changes to its clauses or provisions.
● Debate and Discussion: The House debates the merits and demerits of the Bill, with members expressing their
views and concerns.
Committee Stage:
● Referral to Committee: The Bill may be referred to a Parliamentary Committee for detailed examination.
○ Standing Committees: Permanent committees that deal with specific subjects (e.g., Finance, Home
Affairs).
○ Select Committees: Ad-hoc committees formed for a specific Bill.
● Detailed Scrutiny: The Committee examines the Bill clause by clause, hears expert testimony, and conducts public
hearings (if necessary).
● Report Submission: The Committee submits a report to the House containing its findings, recommendations, and
proposed amendments.

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Third Reading:
● Final Vote: The Bill is put to vote in the House.
● Passage: If the majority of members vote in favor of the Bill, it is considered passed by that House.
● Transmission to Other House: If passed by one House, the Bill is transmitted to the other House for its
consideration.
Passage in the Other House:
● Similar Stages: The Bill goes through similar stages (First Reading, Second Reading, Committee Stage, Third
Reading) in the other House.
● Amendments: The other House may accept the Bill as is, or may propose amendments.
● Resolution of Differences: If both Houses cannot agree on the amendments, a joint sitting of both Houses may be
convened to resolve the differences.
Presidential Assent:
● Transmission to President: After being passed by both Houses (with or without amendments), the Bill is presented
to the President for assent.
● Presidential Action:
○ Assent: If the President assents, the Bill becomes an Act of Parliament and is enforceable as law.
○ Withholding Assent: In rare cases, the President may withhold assent.
○ Returning for Reconsideration: The President may return the Bill to Parliament for reconsideration.
This multi-stage process ensures careful scrutiny and deliberation of legislative proposals, allowing for public input and
debate before laws are enacted.
Joint Sitting of the Indian Parliament
● A unique mechanism under Article 108 of the Indian Constitution.
● Convened to resolve deadlocks: Specifically,
it's convened when the Lok Sabha (Lower House)
and Rajya Sabha (Upper House) cannot agree on
the passage of a particular bill, particularly
regarding amendments proposed by each house.
● This disagreement hinders the bill from becoming
law.
Procedure
● Convening: Held in the Central Hall of
Parliament, bringing together all members of both
Houses.
● Presiding Officer:
○ The Speaker of the Lok Sabha presides.
○ In their absence, the Deputy Speaker of
the Lok Sabha.

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○ If both are unavailable, the Deputy Chairman of the Rajya Sabha.
● Voting:
○ A simple majority of the total number of members of both Houses present and voting is required for the
passage of the bill in a joint sitting.
Limitations
● Money Bills: Exempted from joint sittings. Only the Lok Sabha has the power to pass Money Bills.
● Constitutional Amendment Bills: Also exempt from joint sittings. These require a special two-thirds majority in
both Houses for passage.
Significance
● Resolves Deadlocks: Provides a crucial mechanism to break legislative gridlocks and ensure the smooth
functioning of the legislative process.
● Reflects Popular Will: Since the Lok Sabha represents the popular will more directly, its dominance in a joint
sitting reflects the democratic principle of majority rule.
● Maintains Balance: While acknowledging the Rajya Sabha's role in legislative scrutiny, the joint sitting
mechanism ultimately allows the popularly elected Lok Sabha to prevail in cases of disagreement.
Article 107: Lapsing of a Bill in the Indian Parliament
● Article 107 of the Indian Constitution deals with the lapsing of bills.
● A bill is considered lapsed when it fails to complete the legislative process and become an Act of Parliament within
a specific timeframe.
Key Circumstances for Lapsing of a Bill:
● Dissolution of the Lok Sabha: When the Lok Sabha is dissolved (e.g., before the completion of its five-year term),
any bill pending before it or passed by it but awaiting consideration by the Rajya Sabha automatically lapses.
● Non-Passage within a Session: Even without a dissolution, a bill may lapse if it fails to complete all stages of the
legislative process (introduction, first reading, second reading, committee stage, third reading, passage) within the
same session of Parliament. Each session of Parliament has a limited duration, and bills that do not complete their
journey within that session must be reintroduced in the next session.
Lapsing of a Bill:

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● Bill originated in the Lok Sabha and pending: If a bill originates in the Lok Sabha and remains pending there, it
will lapse upon the dissolution of the Lok Sabha.
● Bill passed by Lok Sabha and pending in Rajya Sabha: A bill that has been passed by the Lok Sabha but is
pending in the Rajya Sabha will lapse upon the dissolution of the Lok Sabha.
● Bill passed by Rajya Sabha and pending in Lok Sabha: If a bill is passed by the Rajya Sabha but remains pending
in the Lok Sabha, it will lapse upon the dissolution of the Lok Sabha.
● Bill originated in Rajya Sabha, passed, and sent to Lok Sabha: If a bill originates in the Rajya Sabha and is
passed, but the Lok Sabha returns it with amendments, and those amendments are pending in the Rajya Sabha, the
bill will lapse upon the dissolution of the Lok Sabha.
● Bill will not lapse on prorogation: A bill will not lapse due to the prorogation of either house of Parliament.
● Exceptions:
1. A bill originating in the Rajya Sabha and pending there will not lapse on the dissolution of the Lok Sabha.
2. A bill pending with the President for assent will not lapse.
3. A bill notified for a joint sitting of both houses will not lapse.
4. A bill returned by the President to the Rajya Sabha for reconsideration will not lapse.
5. A bill pending with the Committee on Assurances will not lapse.
Consequences of Lapsing:
● Reintroduction: A lapsed bill must be reintroduced in the subsequent session of Parliament to be considered
further. This can lead to delays in the legislative process.
● Potential for Changes: The reintroduction of a bill may provide an opportunity for amendments or modifications
based on new developments or changing circumstances.
The lapsing of a bill underscores the importance of timely and efficient parliamentary proceedings. It emphasizes the need
for careful planning and prioritization of legislative business to ensure that important bills are enacted within a reasonable
timeframe.

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Lecture 08: Assent of President
Article 111: Assent to bills
● Once a Bill is passed by both Houses of Parliament, it is presented to the President for his
consideration.
● The President may either:
○ Give assent to the Bill, making it a law.
○ Withhold assent to the Bill, effectively rejecting it.
● Return for Reconsideration (except Money Bills):
○ If the Bill is not a Money Bill, the President has the power to return it toParliament for reconsideration.
○ The President may also suggest amendments or changes to the Bill in a messagesent along with the returned Bill.
● Parliament can reconsider the Bill or its specific provisions and decide whether to make there commended amendments.
● If Parliament passes the Bill again in its original or amended form, the President is obligated to give assent, and the
Bill becomes law.
Types of Veto:
● Absolute Veto
● Suspensive Veto
● Pocket Veto
● Qualified Veto [not used by the Indian President (used by the US President)

Absolute Veto:
● This refers to the President's power to completely reject a Bill by withholding assent.
● It can be applied in situations such as private member bills or when the Cabinet resigns after a Bill has been passed.
● A Bill with an absolute veto will never become law.
● Example: In 1954, President Dr. Rajendra Prasad withheld assent to the PEPSU Appropriation Bill and the Salary Bill
of 1991 because a Money Bill was introduced in Parliament without the President’s recommendation.

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Suspensive Veto:
● This involves the President returning the Bill to Parliament for reconsideration.
● It is not an absolute power and can be used only once.
● If the Bill is passed again by Parliament, with or without amendments, the President is required to sign it into law
(except in the case of a Money Bill).
● Example: President A.P.J. Abdul Kalam used the suspensive veto power when he returnedthe Office of Profit Bill of
2006 for reconsideration.
Pocket Veto:
● The President can keep the bill without signing it pending with him for any indefinite period. (In the USA, it can be
kept for 10 days).
● No pocket veto is applicable for constitutional amendment bills.
o Example: In 1986, President Zail Singh exercised the pocket veto with respect to the Indian Post Office
(Amendment) Bill.
● This pocket veto has been questioned for its unlimited time period, whereas the U.S. President has only 10 days for
this power.
● Constitutional punctuality can be the solution to this problem. It means that the constitution should ensure certain
timelines and parliament, the President or the Governor should uphold those timelines.

Qualified Veto:
● It refers to a power exercised by the Senate of the USA in which the legislature has the power to override the president’s
signature by a 2/3rd majority.
● Qualified veto is not available to the Indian President.
Private Member Bill
● A Private Member Bill is introduced by Members of Parliament (MPs) who are not part of the executive (i.e., not
ministers).
● The concept of a Private Member Bill is not explicitly mentioned in the Constitution.
● Procedure for Introduction:
○ An MP moves a proposal to introduce the Bill.
○ A copy of the draft Bill is sent to the Secretariat.
○ The Secretariat reviews the Bill for legislative competence and ensures the language is appropriate.
○ Any expenditure incurred by the Bill is assessed.

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○ If the Bill is a Money Bill, it requires the President's recommendation.
○ A one-month notice period is mandatory before the Bill can be introduced in Parliament.
● Passage of Private Member Bills:
o Since 1970, no Private Member Bill has been passed by Parliament.
o Private Member Bills receive the least priority in the House, making their success rate extremely low.
o To date, only 14 Private Member Bills have been passed by Parliament.
Article 112 - Annual Financial Statement (Budget):
● The Annual financial statement consists of the sum of money required by the government for expenditures, salaries,
earnings etc.
● This article says that it is the duty of the President to introduce the annual financial statements in each house before the
new financial year starts.
● No money shall be withdrawn from the consolidated fund of India without an appropriation bill.
● The budget also consists of expenditures charged upon the consolidated fund of India.
○ The charged expenditure is non-votable by the Parliament, that is, it can only be discussed by the Parliament. The
following are included under the Charged Expenditure:
■ Salaries and allowances of President, Chairman and Deputy Chairman of Rajya Sabha, Speaker and Deputy
Speaker of Lok Sabha and Judges of Supreme Court, etc.
■ Administrative expenses of the Supreme Court, the office of the CAG and UPSC including the salaries,
allowances and pensions of the persons serving in these offices,
■ Any sum required to satisfy any judgment, decree or award of any court or arbitral tribunal.
■ The debt charges for which the Government of India is liable.
■ Any other expenditure declared by the Parliament to be so charged.
Procedure and Stages of Budget:
Introduction Stage:
● The budget is introduced in the Lok Sabha because it is a money bill.
● The Finance Minister gives the speech.
● Once the speech is over, it is then tabled in the Rajya Sabha for discussion.
Discussion Stage:
● The expenditure is discussed along with other policies.
● The charged expenditure is presented and cannot be voted on.
Committee Stage:
● The budget is sent to the various departmental related committees which scrutinizes the demand of ministries.
● These committees submit their proposal to the Parliament.
○ The committees involved are:
■ Committee on Finance

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■ Committee on Defence
■ Committee on Health and Family
■ Estimates committees
■ Public accounts committee
Voting Stage:
● At this stage the opposition can use cut motions.
● The Lok Sabha votes on the grants mentioned in the budget and each grant is voted separately.
● Rajya Sabha cannot vote on grants, and can only discuss the grants.
Process of Union Budget

Cut Motions:
● Economy Cut: Under this motion, the amount of the grant is reduced by a lump sum amount (if the Parliament feels
that an excess amount is being asked).
● Token Cut: Under this, demand is reduced by Rs 100/-. It is used to show any specific grievance against the
government.
● Policy Cut: This shows disapproval towards government policies. Hence, the demand is decreased to Rs 1/ - only

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Lecture 09: Budget and Financial Bill
Cut Motions
● Cut motions are used by the members of the Lok Sabha to express dissatisfaction with the specific demands for
grants proposed by the government.
● These motions allow members to suggest a reduction in the budgetary allocation for a particular item.
Types of Cut Motions
● There are three main types of cut motions:
1. Policy Cut Motion: This type of motion seeks to reduce the demand for a grant to Re. 1 to express
disapproval of the government's policy on a particular matter. It is used to highlight policy flaws and
demand a change in government approach.
2. Economy Cut Motion: This motion aims to reduce the demand for a grant by a specific amount to achieve
economical expenditure. It focuses on identifying wasteful spending and suggesting ways to reduce costs.
3. Token Cut Motion: This motion seeks to reduce the demand for a grant by Rs. 100 to draw attention to a
specific grievance or demand. It is used to raise concerns about administrative issues or public grievances.
Process of Moving a Cut Motion
● Notice: A member intending to move a cut motion must give notice to the Speaker of the Lok Sabha at least one
day before the day on which the demand is to be considered.
● Admissibility: The Speaker decides whether the cut motion is admissible. It must be relevant to the demand under
consideration and must not raise matters that are sub judice (under judicial consideration).
● Debate and Voting: If the cut motion is admitted, it is debated along with the demand. If the motion is carried
(passed), it is deemed to have been negatived (rejected).
Conditions for Moving a Cut Motion
● The cut motion must be relevant to the demand under consideration.
● It must not raise matters that are sub-judice.
● It must not anticipate issues that are likely to be raised in court.
● It must not question the conduct or character of any individual.
● It must not seek to amend or repeal any existing law.
Significance of Cut Motions
● Cut motions are an important tool for members of parliament to:
○ Criticize government policies and demand changes.
○ Highlight wasteful expenditure and advocate for efficient use of public funds.
○ Raise public grievances and demand action from the government.
○ Hold the government accountable for its actions.
● By using cut motions, members of parliament can play a crucial role in shaping government policies and ensuring
that public funds are used effectively and efficiently.

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Guillotine in Parliamentary Procedure
● In the context of Indian parliamentary procedure, the term 'Guillotine' refers to the process by which Parliament
expedites the passage of the Demands for Grants when there is insufficient time for a detailed discussion on the
expenditure of all ministries.
○ Due to time constraints, Parliament cannot scrutinise and debate the budgetary demands of each ministry
thoroughly.
○ Once the prescribed period for discussing the Demands for Grants is over, the Speaker of the Lok
Sabha invokes the Guillotine process.
○ In this process, all outstanding Demands for Grants, whether they have been debated or not, are put to
vote collectively without further discussion. This allows Parliament to approve government expenditure
before the financial year begins.
● Guillotine is an essential tool to ensure that budgetary processes are completed on time, even if not all demands are
scrutinised in detail.
Appropriation Bill
● The Appropriation Bill is a key legislative step in the budgetary process.
● After Parliament approves the Demands for Grants through the voting process, the government seeks formal
authorization for the withdrawal of funds from the Consolidated Fund of India to meet the approved
expenditures.
○ While the Finance Bill seeks approval for raising resources through taxes, cesses, etc., the Appropriation
Bill authorises the government to withdraw money from the Consolidated Fund to cover its expenditures.
○ Both the Finance Bill and the Appropriation Bill are classified as Money Bills under Article 110 of the
Constitution.
○ The Appropriation Bill cannot be amended once the Demands for Grants have been voted upon by the
Lok Sabha.
○ After the passage of the Appropriation Bill, it becomes an Act and provides the legal basis for the
government to withdraw funds from the Consolidated Fund.
○ No money can be withdrawn from the Consolidated Fund of India without the enactment of the
Appropriation Bill.
● The Finance Bill and the Appropriation Bill are essential components of the annual financial statement, ensuring
both revenue generation and authorization for expenditure.
Vote on Account
● A temporary measure to allow the government to continue spending during a period when the regular budget is
being finalized.
● Primarily focuses on government expenditure.
● Usually sought when the regular budget cannot be presented on time, such as during elections or unforeseen
circumstances.
● Grants short-term funding to the government, typically for a period of two to three months.

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Interim Budget
● Presented by a caretaker government in an election year. It outlines the government's financial performance for the
past year and may include some policy announcements, but avoids major policy changes or new tax proposals.
● Covers both revenue and expenditure, but with a focus on the past year's performance.
● Presented in an election year, usually a few months before the general elections.
● Primarily a statement of the government's financial position, rather than a detailed budget proposal.
Key Differences:

Types of grants
The Indian Parliament utilizes several types of grants to authorize government spending.
● Ordinary Grants: Core of the budget, allocated to ministries and departments for their regular functioning (e.g.,
defense, education, health).
● Supplementary Grants: Sought when original budget funds are insufficient (e.g., natural disasters, emergencies).
● Additional Grants: Obtained for new services or programs not included in the original budget (e.g., new social
welfare schemes).
● Excess Grants: Sought when expenditure exceeds the original budget, requiring retrospective approval.
● Vote on Account: Interim funding granted when the regular budget is delayed (e.g., during elections).
● Vote of Credit: Granted to meet unexpected demands (e.g., war, natural calamities).
● Exceptional Grants: Granted for unforeseen circumstances or special projects.

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Article 117: Financial Bills
● Article 117 of the Indian Constitution deals with Financial Bills.
● It outlines the procedures for passing a Financial Bill, which includes
provisions related to taxation, borrowing, or expenditure but does not
solely qualify as a Money Bill. Financial Bills require the
recommendation of the President before being introduced in
Parliament.
● Unlike Money Bills, which can only be introduced in the Lok Sabha,
Financial Bills may also be introduced in the Rajya Sabha, but they
must still be approved by both houses.

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Consolidated Fund of India vs. Public Account of India vs. Contingency Fund of India
1. Consolidated Fund of India (CFI):
○ This is the most important fund of the Government of India. All revenues received by the government
(such as taxes and non-tax revenues) and all loans raised by the government are credited to this fund.
○ All government expenditures are made from this fund, but no money can be withdrawn from the CFI
without the approval of Parliament through the Appropriation Bill.
2. Public Account of India:
○ The Public Account is used to handle transactions that are not part of government revenues but still
belong to the government in a fiduciary capacity. These include items like small savings, provident funds,
deposits, and judicial deposits.
○ These funds do not require the approval of Parliament for withdrawal, as they are handled through executive
decisions.
3. Contingency Fund of India:
○ This is a fund used to meet unforeseen or emergency expenses. The Contingency Fund is kept at the
disposal of the President of India.
○ The fund can be used without prior parliamentary approval, but the amount spent from this fund must be
later replenished through Parliament's authorization.

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Lecture 10: Committee
Importance of the Parliamentary Committee System:
● Facilitating Inter-Ministerial Coordination: Parliamentary committees play a crucial role in promoting
coordination among various ministries by addressing issues that require inter-departmental collaboration.
● Conducting Detailed Scrutiny of Laws: These committees are instrumental in examining proposed laws and
policies in detail, ensuring thorough analysis before they are passed.
● Functioning as Mini-Parliament: Parliamentary committees serve as a microcosm of the larger Parliament, where
members engage in in-depth discussions and debates, closely resembling the functioning of the full Parliament.
Issues with these Committees:
● Decline in Matters Referred to Committees: There has been a noticeable reduction in the number of issues and
bills being referred to parliamentary committees, limiting their role in legislative scrutiny.
● Lack of Mandatory Discussion: Important matters of public significance are often not discussed in committees.
Additionally, the reports prepared by committees are rarely debated in Parliament, except for occasional references
during discussions on specific bills.
Public Accounts Committee:
● It is created for the auditing of the revenue and the expenditure of the Government of India.
● It is formed every year and has 22 members (15 Lok Sabha + 7 from Rajya Sabha) of the Parliament.
● The term of office of the members is one year.
● The chairman is appointed by the Speaker of Lok Sabha.
● Since 1967, the chairman of the committee has been selected from the opposition.
● Its chief function is to examine the audit report of the Comptroller and Auditor General(CAG) after it is laid in
the Parliament.
● The CAG assists the committee during the course of an investigation.
● None of the 22 members shall be a minister in the government.
● Holding the Executive accountable for its use of public money is one of the key roles of Parliament's Public
Accounts Committee (PAC), thus called the "mother of all Parliamentary Committees".
Role of Public Accounts Committee (PAC):
● Its job is to keep a vigil on the spending and performance of the government, to bring to light inefficiencies, wasteful
expenditure, and carelessness in the implementation of policies and programmes approved by Parliament, and to
make recommendations to streamline the administration for efficient, speedy and economical implementation of
policy.
Limitations and Challenges of the Public Accounts Committee (PAC):
● While the PAC cannot finalize any report without consensus, the lack of consensus has frequently seen controversy
over the role of the Chairman.

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● It is felt that since each PAC operates in a specific political context and faces issues unique to the legislature it
serves, its major focus should be on the administration of policy rather than policy itself, to avoid political strife.
● The lack of technical expertise hinders the PAC's examinations.
● Officers are sometimes able to dodge PAC summons, which has prompted suggestions that it should have the power
to hand out harsher punishments.
● Recently, the Institute of Public Auditors of India (IPAl) sought suo-motu powers of investigation for the PAC.
● Recently, the PAC pitched to make the CAG and Auditor General (AG)accountable to Parliament.
Key Areas of PAC that require Reforms:
● Post Mortem examination i.e. it should be able to prevent unnecessary expenditure not just do a post facto analysis.
● It has no authority to prohibit expenditures.
● No role in day to day administration i.e only provide an annual report.
● Cannot issue orders to ministries on expenditures (Non-Executive body)
● Any recommendation that the committee makes is only advisory, not binding.
Key Points on Parliamentary Committees:
● The first Public Accounts Committee was constituted in April 1950.
● Parliamentary committees draw their authority from Article 105 ( on privileges of Parliament members) and
Article 118 (on Parliament's authority to make rules for regulating its procedure and conduct of business).
● Most committees are 'standing' as their existence is uninterrupted and usually reconstituted on an annual basis;
some are 'select' committees formed for a specific purpose, for instance, to deliberate on a particular bill.
● 24 Departmentally-related Standing Committees (DRSCs): These committees drew members from both Houses
roughly in proportion to the strength of the political parties in the Houses.
● The selection of members in all three financial committees is done by proportional representation and by single
transferable vote.
● The chair uses discretion to refer a matter to a parliamentary committee but this is usually done in consultation with
leaders of parties in the House. (Allocation of Business)
● The practice of regularly referring bills to committees began in 1989 after government departments started forming
their own standing committees.
● Prior to that, select committees or joint committees of the houses were only set up to scrutinize in detail some very
important bills.
Types of Questions:
● Starred Question: A member desires an oral answer from the minister. These questions are marked with asterisk
(*) and supplementary questions can be asked following the original question.
● Unstarred Question: A written reply is provided by the minister. Supplementary questions cannot be asked in this
case.
● Short Notice Question: These are typically asked with a 10-day notice and concern urgent matters. The response
is always oral.
● Private Member’s Question: Questions can also be asked by private members, but the consent of the chair is
required.

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Question Hour:
● The first hour of the parliamentary proceedings is dedicated to asking questions, primarily by the opposition.
Zero Hour:
● This term refers to the period around 12:00 noon where members raise matters of urgent public importance. It is a
procedure unique to India and is not mentioned in any official rulebook.
Motions:
● Closure Motion: Used to end a debate and put the matter to a vote.
● Simple Closure: Ends the debate immediately and puts the matter to vote.
● Closure by Compartment: Used for lengthy bills, where each matter is closed individually and put to vote.
● Kangaroo Closure: Only significant matters are discussed, with the remaining matters being put to vote without
discussion.
● Guillotine Closure: All matters, discussed or not, are put to a vote.
● Privilege Motion: Used when there is a breach of privilege by a minister, typically to censure the concerned
minister.
● Calling Attention Motion: This motion is used to bring urgent public matters to the attention of the minister. It is
specific to India and is outlined in the rules of the house.
● Adjournment Motion: This motion is used to suspend the ongoing business of the house in order to discuss urgent
public matters. It requires the support of 50 members to be admitted. It is a special procedure that involves censure
of the government and can only be introduced in the Lok Sabha. The discussion on this motion is limited to 2 hours
and 30 minutes.
○ Exceptions/Restrictions:
■ It must concern a matter of urgent importance.
■ It should not repeat previous discussions.
■ It cannot address matters that are pending in court.
Article 121:
● This article places restrictions on discussions in Parliament, particularly regarding court matters.
Article 122:
● This article establishes that the courts cannot inquire into the proceedings of the House.
State Legislature:

Legislative Assembly (LA) Legislative Council (LC)

● Directly elected by the people of the state. ● Direct and indirectly elected members.
● It is a mandatory house in any state. ● Not a mandatory house, i.e., Every State does not have
this house.

Article 168:
● It talks about the State Legislature and the Governor and legislative council.

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● There are six states (Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka) that have a
Legislative Council.
Article 169 - Creation and Abolition of Legislative Councils:
● Parliament by law, can create or abolish the Legislative Council.
● Procedure for Creation and Abolition:
○ A bill for creation or abolition has to be introduced in the legislative assembly.
○ A nod from the Governor is required.
○ The Legislative Assembly has to pass this bill by a special majority, that is the majority of total
membership and 2/3rd present and voting.
○ Once passed, the bill is sent to the Parliament which will pass through a simple majority.
○ Parliament is not bound to take up such bills (For example, Rajasthan, and Odisha bills are pending).
Rajya Sabha vs. Legislative Council:
● Rajya Sabha is the second house, whereas the Legislative Council is the secondary house.
● Rajya Sabha has substantial powers in ordinary bills and financial bills, whereas the Legislative Council has very
limited powers in ordinary bills also.
● The chairman of MLC is a member of the Council only, whereas, in Rajya Sabha, it is the ex-officio member.
● Legislative Assemblies can override suggestions and amendments given by the Legislative Council in ordinary
bills.
● Members of Legislative Councils (MLC) cannot participate in the President and Vice President’s election, but
the Rajya Sabha can vote.
Need of Legislative Council
● It checks the hasty legislation of the Assembly.
● It has technical individuals (experts) like artists, scientists, etc from various fields.
● It can delay the bills which are a burden on the State Budget.
Arguments Against Legislative Council:
● It is being used to park failed leaders or who are unable to win the elections.
● Too much burden on the state budget.
Article 170: Composition of Legislative Assembly (LA)
● Minimum 60 members and a maximum of 500 members are allowed.
● Territorial constituencies adjusted on the basis of the 2001 census.
Article 171 - Composition of Legislative Council:
● It shall not be greater than 1/3rd members of the assembly and not less than 40 members.
● Parliament may by law can provide a different composition but assembly has fixed this composition.
Elections to Legislative Council:
● 1/3rd of the members are elected by the electorates consisting of the members of local bodies (municipality, district
board, etc.)
● 1/12th of the members are elected by the electorates residing in the state and having a three-year graduates degree.

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● 1/12th of the members are elected by the electorates consisting of government teachers of secondary or higher
schools.
○ Election process for the above three are prescribed by the parliament
● 1/3rd members are elected by the MLAs of Assembly.
○ For this, MLAs will vote according to proportional representation and the single transferable vote method
is followed
● 1/6th member will be elected by the Governor who has special knowledge of science, art, literature, cooperative
movement, and social service.
● Other members are elected according to the law made by the parliament.
Article 172 - Duration of the State Legislatures:
● The Legislative Assembly has a 5-year duration but can be extended by one year during the time of emergency.
● The Legislative Council: 1/3rd of members retire every two years. (6 years duration as per Representation of
People’s Act 1951).

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Lecture 11: Bills in State legislature
Article 173: Eligibility Criteria for Membership
To be eligible for election as a member of the Legislative Assembly (MLA), a candidate must:
● Be a citizen of India.
● Take an oath before the Election Commission as prescribed in the Third Schedule.
● Be at least 25 years of age for an MLA and 30 years of age for a Member of the Legislative Council
(MLC).
Note: Only Parliament has the authority to change or add eligibility criteria for members of the legislature.
Articles 174 to 177: Procedural Provisions
● Article 174: Corresponds to Article 85, dealing with the prorogation and dissolution of the Legislative Assembly.
● Article 175: Corresponds to Article 86, which addresses the Governor's right to address the Assembly.
● Article 176: Corresponds to Article 87, concerning the Governor's address to both houses of the legislature.
● Article 177: Corresponds to Article 88, regarding the Governor's right to attend sessions of the Assembly.
Officers of the State Legislature
● Article 178: Pertains to the Speaker and the Deputy Speaker of the Legislative Assembly, who are responsible for
maintaining order and decorum during proceedings.
● Article 179: Details the procedure for the removal of the Speaker and the Deputy Speaker.
● Article 180: Corresponds to Article 95 regarding the appointment of a new Speaker in case of a vacancy.
● Article 181: Corresponds to Article 96 concerning the appointment of a new Deputy Speaker in case of a vacancy.
● Article 182: Specifies that the Chairman and Deputy Chairman of the Legislative Council are both members of the
council.
Law-Making Process: Article 196
● Ordinary Bills: Ordinary bills can originate in either house of the state legislature. The process is as follows:
○ The bill is passed in the originating house and then sent to the second house for consideration.
○ If the second house is the Legislative Council, it can:
■ Pass or reject the bill.
■ Amend the bill.
■ Not take any action for three months.
● Reintroduction of Bills: If the council does not act within one month, rejects the bill again, or does not agree to
amendments sent by the assembly, in all three cases, the bill shall be deemed to have been passed by both houses.
Note: These provisions do not apply to money bills, which follow a separate procedure.
Significance of Article 196:
● Balanced Legislative Process: Article 196 contributes to a balanced and effective legislative process in states with
bicameral legislatures. It ensures that both Houses have a meaningful role to play in law -making, while also
providing a mechanism for resolving differences between the two chambers.

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● Protection against Legislative Stalemate: The provision regarding the dissolution of the Assembly prevents
legislative stalemate and ensures that the legislative process can move forward despite the dissolution of the lower
house.
Criticism of the Legislative Council
The Legislative Council has faced criticism as an expensive institution lacking substantial power. The Administrative
Reforms Commission has recommended that every state should have a legislative council with representation limited to
local bodies. Key recommendations include:
● No Joint Sitting: It is suggested that there should be no provision for a joint sitting of both houses.
● Chairman from Council: The chairman of the council should be elected from its members.
● Salaries: The salaries of council members should be funded from the consolidated fund of the state.
Article 200: Governor's powers regarding bills passed by the State Legislature.
● Apart from exercising veto power similar to the provisions under Article 111 (which grants veto powers to the
President of India), the Governor of a state can reserve certain bills for the consideration of the President of
India. This discretionary power allows the Governor to refer a bill to the President if it, in the Governor's opinion,
affects the powers of the High Court, involves matters on which the Union government has jurisdiction, or is in
conflict with Union laws.
Key Provisions:
● Assent, Withholding Assent, or Reservation: When a Bill passed by the State Legislature is presented to the
Governor, they have the following options:
○ Give Assent: The Governor can grant assent to the Bill, making it a law.
○ Withhold Assent: The Governor can withhold assent to the Bill. However, if they choose to withhold
assent, they must communicate their reasons to the State Legislature.
○ Reserve for President's Consideration: The Governor can reserve the Bill for the consideration of the
President. This is typically done in cases where the Bill has significant constitutional, national, or inter-
state implications.
● Reconsideration: If the Governor returns the Bill (other than a Money Bill) for reconsideration by the State
Legislature, and the Legislature passes the Bill again with or without amendments, the Governor shall not withhold
assent.
Article 201: President's powers regarding bills reserved by the Governor.
● Decision on Reserved Bills: When a Bill is reserved by a Governor for the consideration of the President, the
President shall:
○ Assent to the Bill: The President can give assent to the Bill, making it a law.
○ Withhold Assent: The President can withhold assent to the Bill.
● No Time Limit: Importantly, Article 201 does not specify any time limit within which the President must make
a decision on the reserved Bill.
Significance of Article 201:
● Presidential Scrutiny: This article provides the President with the power to review State legislation and ensure its
conformity with the Constitution of India and national interests.

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● Safeguard for National Interests: It allows the President to intervene in matters that may have significant national
implications, such as those affecting national security, foreign relations, or inter-state relations.
● Check on State Powers: It acts as a check on the powers of State Legislatures and ensures that State laws do not
unduly infringe upon national interests.
Criticism of Article 201:
● Potential for Central Interference:
○ Critics argue that the power of the President to assent or withhold assent to bills reserved by the Governor
can be misused for political purposes.
○ This can lead to undue central interference in state matters and undermine the principle of federalism.
■ "West Bengal Governor's reservation of key billsin 2023 raises concerns about undue central
interference." This example highlights the potential for political interference in state affairs
through the use of Article 201.
● Subjectivity and Lack of Transparency: The criteria for reserving a bill for the President's consideration are not
always clearly defined, leading to potential for subjectivity and arbitrariness.
○ The lack of transparency in the decision-making process at the Presidential level can raise concerns about
accountability and fairness.
● Delay in Legislative Process:
○ The indefinite period for the President to decide on a reserved bill can significantly delay the legislative
process in states, hindering effective governance and development.
○ The lack of a specific time limit for the President to decide on a reserved bill further exacerbates this
concern.
■ "Delay in Presidential assent on bills related to social welfare schemes in Tamil
Nadu(2023)hampers development initiatives." This example emphasizes the negative impact of
the indefinite time limit for Presidential decision on reserved bills, leading to delays in crucial
development programs.
● Political Motivations:
○ In some instances, the power to reserve bills has been used for political reasons, such as to obstruct the
legislative agenda of a state government belonging to a different political party than the ruling party at the
national level.
■ "Kerala Governor's delay in assenting to key bills(2023) fuels criticism of Article 201."
Examples of Constitutional Practices in Other Democracies:
● In the United States, the President can hold a bill for up to 10 days (excluding Sundays) before deciding whether
to sign it or not.
● In the United Kingdom, the monarch's royal assent is generally granted based on the advice of the Prime Minister
and the Council of Ministers.
● In Canada, the Governor General can withhold assent to a bill for up to two years, though this power has not been
used in recent decades.
Other cases laws
● In Hoechst Pharmaceuticals Ltd. v. State of Bihar, 1983 AIR 1019, the Supreme Court held that the discretionary
power under Article 201, whereby the Governor reserves a bill for the President’s consideration, can be exercised
by the Governor on his own judgment, subject to the provisions of the Constitution.

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● Additionally, in the case of Purushothaman Nambudiri v. State of Kerala, AIR 1962 SC 694, the Supreme Court
ruled that any bill pending with the Governor for the President’s assent will not lapse on the dissolution of the state
legislative assembly. This ensures the continuity of the legislative process even if the assembly is dissolved.
● The B.P. Singhal vs. Union of India (2010) case dealt with the removal of four Governors (Uttar Pradesh, Gujarat,
Haryana, and Goa) by the President in 2004.
○ The case provided crucial clarification on the scope and limitations of the "pleasure of the President"
doctrine.
■ The Court upheld the constitutional validity of the President's power to remove Governors,
while emphasizing the importance of exercising this power judiciously and in accordance with
constitutional norms.
● The Raghukul Tilak case provided crucial clarification on the eligibility criteria for appointment as Governor,
emphasizing that the office has a distinct constitutional status. The Court reiterated that the appointment of
Governors is primarily a political decision and judicial review in such matters is limited.
Judiciary
The judiciary in India plays a crucial role in upholding the rule of law and ensuring justice for all citizens.
key functions:
● Interpretation and Application of Laws: The primary function of the judiciary is to interpret and apply laws to
specific cases. Judges analyze legal statutes, precedents, and constitutional provisions to determine the appropriate
legal outcome in a dispute.
● Dispute Resolution: The judiciary acts as an impartial arbiter in resolving disputes between individuals,
organizations, and the government. This includes civil disputes (e.g., contract disputes, property disputes) and
criminal cases.
● Protection of Fundamental Rights: The judiciary plays a crucial role in protecting the fundamental rights of
citizens enshrined in the Indian Constitution. Individuals can approach the courts to seek redress if their fundamental
rights are violated by the government or other entities.
● Judicial Review: The judiciary has the power to review the constitutionality of laws enacted by the legislature and
executive actions. This power ensures that all laws and government actions are in conformity with the Constitution.
● Maintaining the Rule of Law: The judiciary upholds the rule of
law by ensuring that all individuals, including those in positions of
power, are subject to the law and accountable for their actions.
● Safeguarding Constitutional Values: The judiciary acts as the
guardian of the Constitution, ensuring that the principles of
democracy, secularism, and social justice are upheld.
Key features:
● Independent and Impartial: The judiciary is an independent and
impartial branch of the government. Judges are appointed based on
merit and are insulated from political pressure. This independence is
crucial for ensuring fair and unbiased justice.

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● Integrated System: India has a single, integrated judicial system with a hierarchical structure. The Supreme Court
of India is at the apex, followed by High Courts, and then District and Subordinate Courts. This integrated system
ensures uniformity in the application of law across the country.
● Guardian of the Constitution: The judiciary acts as the guardian of the Constitution, ensuring that the principles
of democracy, secularism, and social justice are upheld.
● Access to Justice: The judiciary strives to ensure access to justice for all citizens, regardless of their social or
economic background. However, challenges such as delays in judicial proceedings and lack of access to legal aid
remain significant concerns.
Article 124: Establishment and constitution of the Supreme Court of India.
Key Features:
● Establishment: It establishes the Supreme Court as the apex court of India.
● Composition: It consists of a Chief Justice of India and other Judges as determined by Parliament. Currently,
the maximum strength of the Supreme Court is 34 judges (including the CJI).
● Appointment: Judges of the Supreme Court are appointed by the President of India. The appointment process
involves consultation with the Chief Justice of India and other judges of the Supreme Court and High Courts.
● Collegium System: The current system of judicial appointments is largely based on the "collegium system"
evolved through judicial pronouncements. This system gives primacy to the judiciary in the appointment process.
● Tenure: Judges of the Supreme Court hold office until they attain the age of 65 years.
● Independence: The provisions of Article 124 aim to ensure the independence of the judiciary by providing for the
secure tenure of judges and a robust appointment process.
Article 124(3) of the Indian Constitution, a person can be appointed as a Judge of the Supreme Court if they meet one of
the following criteria:
● Judicial Experience: They have been a Judge of a High Court for at least five years.
● Legal Practice: They have been an advocate of a High Court for at least ten years.
● Distinguished Jurist: They are, in the opinion of the President, a distinguished jurist.
Removal of Judges:
The removal of judges from the Supreme Court and High Courts in India is a complex and rigorous process designed to
safeguard judicial independence.
● Judges of the Supreme Court can be removed from office only through a process of impeachment by
Parliament.
● Impeachment requires separate addresses from both Houses of Parliament supported by a special majority.
Grounds for Removal:
● Proven Misbehavior: This includes any conduct that undermines the integrity and impartiality of the judiciary.
○ Examples could include corruption, bias, abuse of power, or any other act that compromises the judge's
ability to dispense justice fairly.
● Incapacity: This refers to any physical or mental condition that renders the judge incapable of performing their
judicial duties effectively.

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Process of Removal:
● Initiation of Motion:
○ A motion for the removal of a judge can be initiated in either House of Parliament (Lok Sabha or Rajya
Sabha).
○ This initial step requires the approval of the Speaker or Chairman, respectively. They have the authority to
admit or reject the motion based on its merit and compliance with the prescribed procedures.
○ For a Supreme Court judge, the motion must be supported by at least 100 members of the Lok Sabha or
50 members of the Rajya Sabha.
● Special Majority:
○ The motion must be passed by a special majority in both Houses of Parliament.
○ This requires a majority of the total membership of the House and a majority of not less than two -thirds of
the members present and voting.
● Presidential Order: If both Houses of Parliament pass the motion, the President of India issues an order for the
removal of the judge.
The Judges (Inquiry) Act, 1968 is an Indian law that outlines the procedure for investigating allegations of misbehavior
or incapacity of judges of the Supreme Court and High Courts.
● Establishes an Inquiry Committee: The Act provides for the constitution of a three-member Inquiry Committee
to investigate allegations. This committee typically consists of:
○ Two judges of the Supreme Court or High Court, as the case may be.
○ One eminent jurist nominated by the Chief Justice of India.
● Investigation Process:
○ The Inquiry Committee conducts a thorough investigation into the allegations, examining evidence, hearing
witnesses, and giving the judge an opportunity to defend themselves.
○ The judge under investigation has the right to be represented by legal counsel.
● Report and Recommendations:
○ After the inquiry, the Committee submits a report to the President of India.
○ If the Committee finds the judge guilty of misbehavior or incapacity, it may recommend their removal from
office.
● Parliamentary Action:
○ If the President considers the report of the Inquiry Committee, they may present the report to both Houses
of Parliament.
○ Both Houses of Parliament then consider the report and may pass a resolution for the removal of the judge
by a special majority.

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Chapter - 06
Judiciary

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Lecture 01: Supreme Court (Part 01)
Collegium System:
● The term collegium means a group of senior judges in the court to appoint new judges.
First Judges Case (SP Gupta case, 1982):
● The court held that:
○ The term “consultation” under Article 124 does not mean concurrence and the president can make a
decision on his own and deny the names sent by the Supreme Court and High Court.
● In this case, the court held that whenever there is a disagreement between the government and the judiciary, the
decision of the government (President) will prevail.
● In this case, the court held that the same process is mentioned in the Constitution Article 124(2).
Second Judges Case (1993):
● In this case, the court held that the appointment and transfer of judges in Supreme court and high court shall be
done by collegium system.
● The court said the consultation means concurrence, and the decision of the Collegium shall be final and the list
sent by the chief justice to the President will be used for appointment.
What is Collegium?
● The term collegium means a group of judges for appointments and transfers in the higher judiciary
○ Supreme Court Collegium: Chief Justice of India + 2 senior-most judges of the Supreme Court.
○ High Court Collegium: Chief Justice of India + Chief Justice of High Court + 1 senior-most judge of the
High Court.
Third Judges Case (1998):
● The Third Judges Case (1998) expanded the collegium system and established the following guidelines for judicial
appointments:
○ The collegium for Supreme Court appointments consists of the Chief Justice of India (CJI) and the four
senior-most judges.
○ For High Court appointments, the CJI is required to consult the two senior-most Supreme Court judges.
○ The collegium must reach a consensus when deciding on judicial appointments.
○ Decisions regarding appointments should be made by a majority vote within the collegium.
○ If the President of India refuses to appoint a candidate recommended by the collegium, they must provide
a valid reason.
○ The collegium is required to provide a detailed explanation for its recommendations.
○ If the CJI submits a name for appointment independently, the President is not bound to accept the
recommendation.
Issues In Collegium System:
● Nepotism is sometimes prevalent in the appointment of judges.

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● The system has led to the "uncle judges" syndrome, where judges favor relatives or known individuals.
● Judicial appointments are conducted behind closed doors, lacking transparency.
● The collegium system is inherently non-accountable as it operates without external oversight.
● Delays in the appointment process often occur due to conflicts between the collegium and the executive.
Suggested Solutions
● To address the issues in the collegium system, the Venkatachaliah Commission proposed the establishment of
a National Judicial Appointments Commission (NJAC).
● Parliament introduced the NJAC through the 99th Constitutional Amendment Act, 2014.
● However, the Supreme Court struck down the NJAC in the Fourth Judges Case, declaring it unconstitutional.
Model of the National Judicial Appointments Commission (NJAC):
● The NJAC was designed to appoint judges to the Supreme Court and High Courts.
● The 2014 model of NJAC comprised 6 members:
○ The Chief Justice of India (CJI) and two senior-most Supreme Court judges (judiciary
representatives).
○ The Law Minister (executive representative).
○ Two eminent jurists (independent members).
● The commission was intended to collectively appoint judges.
● A potential solution for future reforms is the reestablishment of the NJAC.
● However, in 2015, the Supreme Court struck down the NJAC, stating that it compromised judicial independence,
and the collegium system was reinstated for judicial appointments.
Criticism of NJAC:
● The NJAC was criticized for undermining the independence of the judiciary.
● It was viewed as violating the principle of separation of powers.
● The inclusion of executive members in the NJAC raised concerns about potential conflicts between the judiciary
and the executive
International Examples:
Judiciary in USA:
● The Supreme Court of the United States consists of 9 judges.
● Judges have lifetime tenure, ensuring judicial independence.
● The President appoints judges, and the Senate must approve the appointments.
● Candidates are selected with the involvement of the Senate Judiciary Committee and the American Bar Association.
● Judges can be impeached if they fail to serve or maintain good behavior.
Judiciary in the UK:
● The Supreme Court of the United Kingdom was established in 2009 to handle significant constitutional and human
rights cases.

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● Judges are appointed by a 15-member Judicial Appointments Commission.
● As the UK follows the principle of parliamentary sovereignty, the judiciary plays a limited role in policymaking.
Judiciary in France:
● Judges in France are appointed by the President on the recommendation of the Judicial Council.
● Judges serve a term of 9 years.
● The Ministry of Justice plays a pivotal role in the functioning of the judiciary.
● France does not have a single Supreme Court; instead, separate courts (judicial, administrative, and criminal) handle
specific matters.
● The High Council of the Judiciary ensures the protection of the Constitution and oversees judicial functions.
Article 125: Salaries of Judges
● Salaries are decided by the parliament and charged upon the consolidated fund.

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Lecture 02: Supreme Court (Part 02)
Important Articles Related to SC:
● Article 125: The salary and allowances of Supreme Court judges are determined by Parliament and charged upon
the Consolidated Fund of India.
● Article 126: In case of a vacancy in the office of the Chief Justice of India (CJI), an acting Chief Justice is
appointed by the President.
● Article 127 - Ad hoc Judges: When the Supreme Court lacks quorum, the CJI can appoint ad hoc judges from
High Courts who are eligible for the Supreme Court. The prior consent of the President is required for such
appointments.
● Article 128: The CJI can request retired judges of the Supreme Court or High Courts to serve temporarily in the
Supreme Court for specific cases, with the President's consultation.
● Article 129: The Supreme Court is a court of record and has the authority to punish for its contempt.

A court of record means that its decisions are formally documented and can be used as precedents in future cases.

● Article 130: The seat of the Supreme Court is in Delhi, but it can also sit at other places as decided by the Chief
Justice with prior approval of the President.
○ It has been proposed that regional benches of the Supreme Court can be created to ensure better
accessibility to justice.
○ A Court of Appeal can also be established as a final court for appeals from High Courts, with its decisions
being final.
○ The Supreme Court in Delhi can act as a Constitutional Bench.
● Article 131 - Original Jurisdiction: The Supreme Court has original jurisdiction in disputes between the Centre
and States or between States or between the Centre and any State or States on one side and one or more States
on the other.
○ This article applies to disputes that do not fall under any other part of the Constitution, such as interstate
river water disputes (covered under Article 262).
○ Example: Kerala and Chhattisgarh cases against the central government regarding CBI interference.
● Article 136 - Special Leave Petition (SLP): Article 136 of the Indian Constitution empowers the Supreme Court
to grant special leave to appeal against any judgment, decree, or order passed by any court or tribunal in the
country. It serves as a mechanism for ensuring justice and addressing grievances that may not be adequately
covered by regular appeal provisions.
● Key Features:
○ Discretionary Power: The Supreme Court has the discretion to grant special leave, meaning it can choose
which cases to hear based on their merits, significance, or the questions of law involved.
○ Scope: Article 136 allows appeals from any court or tribunal, including lower courts and quasi-judicial
bodies. It is particularly significant in cases where no appeal is available as a matter of right.

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○ Interim Relief: While considering an SLP, the Supreme Court can grant interim relief or stay orders,
providing immediate relief to the aggrieved party until the case is decided.
○ No Limitation Period: Unlike regular appeals, there is no prescribed limitation period for filing an SLP.
This flexibility enables litigants to approach the Supreme Court even after the limitation period for regular
appeals has lapsed.
○ Constitutional Safeguard: Article 136 acts as a safeguard for the fundamental rights of individuals by
allowing the Supreme Court to intervene in cases of injustice or arbitrary decisions by lower courts.
● Article 137 - Review of Judgments: The Supreme Court has the power to review its own judgments or orders.
Judicial Review:
● The idea of judicial review ensures that the judiciary is able to check the lawfulness of any legislation. Through this
process, it ensures the supremacy of law in the country.
● Origin of the Concept: In the U.S., through the landmark case of Marbury v. Madison, the Supreme Court decided
that judicial review is an inherent part of the U.S. system.
● Benefits of Judicial Review:
○ It protects and upholds the rule of law and constitutionalism.
○ It ensures the independence of the judiciary.
● Status in India: In the case of L. Chandra Kumar v. Union of India & Others (1997), the Supreme Court held that
judicial review is a part of the Basic Structure of the Constitution.
● Issues:
○ Interference in the domain of Legislature/Executive: Judicial activism sometimes blurs the lines between
the three branches of government, challenging the doctrine of separation of powers.
○ Erosion of Public Faith: Excessive judicial interference may undermine the good faith people have in the
democratic system, as it may appear that the judiciary is overstepping its mandate.
Judicial Activism:
● Judicial activism refers to instances where the judiciary seeks to ensure the implementation of the Constitution
in line with its objectives, often stepping in to uphold rights or fill legislative or executive voids. It plays a crucial
role in strengthening democracy, especially in democratic countries where checks and balances are essential for
governance.
Case Laws:
● Expansion of Article 21: Judicial activism has expanded the scope of Article 21 (Right to Life) to include various
rights such as the right to privacy and right to live with dignity.
■ M.C. Mehta v. Union of India: Judicial activism played a key role in expanding environmental
rights under Article 21.
■ Justice K.S. Puttaswamy v. Union of India (Right to Privacy Case): The Supreme Court
recognized the right to privacy as a fundamental right under Article 21.

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■ Vishakha v. State of Rajasthan (1997): This landmark judgment dealt with sexual harassment at
the workplace. In the absence of specific legislation, the Court laid down guidelines for preventing
and redressing sexual harassment, effectively creating a new legal framework.
Judicial Overreach:
● While judicial activism has contributed to constitutional protection, there is a fine line between activism and
judicial overreach. When the judiciary goes beyond its jurisdiction and interferes excessively in the functioning
of the legislature or executive, it can lead to overreach, potentially disrupting the balance of power.
● Examples:
○ BCCI Case: The Supreme Court's intervention in the functioning of the Board of Control for Cricket in
India (BCCI), including the appointment of a committee to oversee its operations, raised concerns about
the judiciary’s role in regulatory matters typically governed by autonomous sports bodies. Critics viewed
this as an encroachment on the autonomy of sports administration.
○ National Anthem Case: In Shyam Narayan Chouksey v. Union of India (2016), the Supreme Court
mandated the playing of the national anthem in cinemas, which was seen as an overreach into personal
liberties and areas not typically governed by the judiciary.
○ Liquor Ban on Highways: The Supreme Court’s directive to ban the sale of liquor near highways (State
of Tamil Nadu v. K. Balu case) led to widespread criticism, as it interfered with policy decisions, causing
economic disruptions and confusion in the implementation of the ruling.
Issues with Judicial Overreach:
● Excessive Interference by the Judiciary: When the judiciary oversteps its constitutional role, it risks encroaching
on the domains of the legislature and executive. This disrupts the separation of powers and creates friction between
different branches of the government.
● Delays in Development Projects: Judicial overreach has caused delays in critical development projects, such as
the Char Dham Highway Project, where judicial scrutiny over environmental concerns slowed down the progress
of infrastructure development aimed at boosting tourism and religious pilgrimages.
● Conflict Between Legislature and Judiciary: Frequent judicial interventions in legislative and executive matters
strain the relationship between these branches, leading to conflicts and delays in governance.
Article 142:
● Under Article 142 of the Indian Constitution, the Supreme Court has the power to issue orders to ensure complete
justice in any case. While this provision strengthens the court’s role in delivering justice, its overuse has led to
concerns about judicial overreach.
Public Interest Litigation (PIL):
● PIL allows the general public or interest groups to approach the courts to seek justice on issues affecting the
broader society, often concerning human rights, environmental protection, or social justice. The concept is derived
from the idea of justice for all.
● Over time, PIL has become a powerful tool to ensure accountability and fairness.

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○ However, there are concerns about its misuse, where PILs are sometimes filed for personal or political
gain rather than for public interest, leading to undue interference in policy decisions.
● PIL has played a critical role in addressing issues such as social injustice, environmental degradation, and human
rights violations.
○ It has empowered citizens and social groups to ensure that these matters are brought to the attention of the
judiciary and corrective action is taken.
● Key Case Laws:
○ Mumbai Kamgar Sabha v. Abdulbhai Faizullabhai (1976): In this case, Justice Krishna Iyer highlighted
the need for PIL to address the grievances of vulnerable sections of society and emphasized the importance
of substantive justice over procedural requirements. The Court held that procedural defects should not
prevent genuine grievances from being heard.
○ Hussainara Khatoon v. State of Bihar (1979): This case marked the filing of one of the earliest PILs in
India, where the right to a speedy trial was emphasized. The case involved the plight of undertrial prisoners
who were kept in jails for extended periods without being tried.
○ M.C. Mehta v. Union of India (1987): This landmark environmental PIL led to significant rulings
regarding pollution control, including industrial pollution around the Ganges and vehicular pollution in
Delhi, making it one of the most significant PILs in environmental protection.
○ S.P. Gupta v. Union of India (1981): Also known as the "Judges' Transfer Case," this case laid the
foundation for PIL in India. Justice P.N. Bhagwati held that any member of the public or social group
can file a PIL to safeguard public interest, thus broadening the scope of standing in courts.
● Benefits of PIL:
○ Social Change: PIL has been instrumental in driving social reforms by addressing issues related to the
marginalized sections of society, ensuring social justice.
○ Protection of Rights: PIL ensures that the fundamental rights of individuals and groups, particularly
those who are disadvantaged or underprivileged, are protected.
○ Holding the Government Accountable: PIL has forced the government and public authorities to perform
their duties in line with constitutional obligations, ensuring constitutional justice and preventing arbitrary
actions.
● Issues with Public Interest Litigation (PIL):
○ Misuse as Private Interest Litigation: Some individuals and groups misuse PIL for personal gains or to
further their political interests, diverting the judiciary’s attention from genuine public issues. This practice
undermines the original purpose of PIL, which is to serve the larger public good.
○ Overburdening the Justice System: The flood of PILs has put an excessive burden on the already strained
judicial system, causing delays in adjudicating critical cases and adding to the backlog of cases in courts.
○ Resulting in Judicial Overreach: In some instances, PIL has led to judicial overreach, where the judiciary
has intervened in matters that are the prerogative of the legislature or executive. This disrupts the
separation of powers, a foundational principle of constitutional governance.

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● PIL as a Tool for Accountability: Despite these challenges, PIL has been a remarkable tool in holding the
government accountable for its actions.
○ It has ensured that public authorities perform their duties in accordance with the Constitution and uphold
the rights of citizens, particularly the marginalized sections of society.
Issues with Article 142:
● Lack of Accountability: While Article 142 empowers the Supreme Court to issue orders to ensure complete
justice, concerns have been raised about the lack of accountability when this article is misused. Courts are not
always held accountable for overstepping their constitutional role, which can lead to unbalanced decisions.
● Excessive Power in the Hands of the Judiciary: Article 142 places significant discretionary power in the hands
of the judiciary, which, when used excessively, can create friction between the judiciary and other branches of
government, particularly the legislature and executive. This can result in an imbalance in the separation of powers.
● Problematic Relationship Between Legislature and Judiciary: The excessive use of Article 142 has led to
strained relations between the judiciary and the legislature. The legislature perceives such judicial actions as
interference in its policymaking domain, leading to conflicts.
Clarification in the Uma Devi Case:
● In the Secretary, State of Karnataka v. Uma Devi (2006) case, the Supreme Court clarified that the power under
Article 142 should be exercised to deliver justice according to the law, and not out of sympathy.
○ The ruling emphasized that the judiciary must not bypass established legal principles while exercising its
powers under Article 142.
Role of the Constituent Assembly:
● Even during the debates of the Constituent Assembly, members were of the view that Article 142 should be used
only in exceptional circumstances.
○ The framers of the Constitution were cautious in granting such wide-ranging powers to the judiciary and
intended that this provision be used sparingly.
Article 143 - Advisory Jurisdiction
● Article 143 of the Indian Constitution empowers the President of India to seek the opinion of the Supreme Court
on legal matters. This provision allows the President to consult the Supreme Court for its advisory opinion on any
question of law or fact that may arise.
● Procedure:
○ Request for Consultation: Once the President submits a request to the Supreme Court, the court has two
options:
■ It may choose to provide advice.
■ It may decline to provide an opinion.
○ Formation of Bench: If the Supreme Court decides to give advice, it is required to constitute a five-judge
bench to deliberate and provide its opinion on the matter.
○ Acceptance of Opinion: The final judgment or opinion given by the Supreme Court is advisory in nature.
The President may choose to accept or reject this opinion.

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○ In cases involving constitutional matters, the opinion provided by the Supreme Court may carry
significant weight.
■ However, it is not binding on the President or the government. The opinion is more of a guiding
principle, reflecting the Supreme Court's interpretation of legal issues.
○ Regarding any dispute arising from pre-constitutional treaties or agreements, the Supreme Court has
original jurisdiction to give its opinion on such matters.
■ This reinforces the advisory nature of Article 143 and emphasizes the independence of the
executive from the judiciary in decision-making.
Master of Roster
● The Master of Roster refers to the system wherein the Chief Justice of a High Court or the Supreme Court is
responsible for allocating cases to various judges.
● This system is essential for the efficient functioning of the judiciary, ensuring that cases are assigned fairly and
timely based on the judges’ expertise and availability.
● In the case of Supreme Court Advocates-on-Record Association v. Union of India (2018), the Supreme Court
finalized the concept of the Master of Roster, affirming Chief Justice's authority to determine the composition of
benches and the assignment of cases.
Key Aspects:
● Administrative Control: The CJI, as the administrative head of the Supreme Court, has the authority to allocate
cases to specific benches comprising different combinations of judges.
● Constituting Benches: This includes determining the composition of benches, deciding which judges will hear
particular cases, and assigning cases to specific divisions of the court.
● Ensuring Efficient Case Management: The "Master of the Roster" power is crucial for ensuring the efficient and
effective functioning of the Supreme Court, including the equitable distribution of workload among judges.
Concerns and Criticisms:
● Potential for Bias: Critics argue that this power could be misused to influence the outcome of certain cases by
assigning them to specific judges or benches with perceived biases.
● Lack of Transparency: The process of case allocation is not always transparent, raising concerns about potential
favoritism or manipulation.
● Collegium System: The "Master of the Roster" power intersects with the collegium system for judicial
appointments, further complicating the issue of judicial independence and accountability.

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Lecture 03: High Court
High Courts:
● Article 214: There shall be a High Court of each state (one high court can serve more than one State and UT).
● Article 215: High court shall be court of record and has the power to punish for its contempt.
● Article 216: The High Court shall consist of the Chief Justice of the High Court + other judges as decided by
the President (there is no number defined).
● Article 217:
○ Every judge of the High Court is appointed by the President with a warrant and seal.
○ High Court judges shall be appointed by the President in consultation with the CJI, Governor of State,
and Chief Justice of the same high court.
○ Retirement age is 62 years.
○ Judges resign to the President of India.
○ Removal is similar to the procedure of removal of a Supreme Court judge. (Parliament removes the High
Court judges).
○ High court judge can be transferred to another high court or can be promoted to supreme court
○ Qualification as per Article 124(4):
■ He shall be a citizen of India.
■ He shall have been a judicial officer for at least 10 years in India.
■ He shall have been an advocate for 10 years in the High Courts.
Important Articles:
● Article 219: Oath of Judges by the Governor of State
● Article 221: Salaries are determined by parliament and are drawn from Consolidated Fund of State and
Pension on Consolidated Fund of India.
● Article 222: Transfer of judges
○ The President along with CJI transfers judges from one high court to another (this is also done by the
collegium in reality).
● Article 223: Acting Chief Justice:
○ Appointed by the President when the post of chief justice is vacant.
● Article 224: Appointment of additional and acting judge.
○ The President can appoint duly qualified persons as additional judges of a high court for a temporary period
not exceeding two years.
● Article 224A: Appointment of retired judges at sittings of High Courts.
○ At any time, the chief justice of a high court of a state by president’s consent can appoint any one (retired
judge) as sitting high court judge.
● Article 225: Jurisdiction of existing HC.
○ Jurisdiction of high court to be decided by the state legislature.
● Article 226: Writs power of HC.
○ The HC can issue writs for the enforcement of fundamental rights and for ordinary legal rights.

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● Article 227: High court can direct subordinate courts under its jurisdiction but not the armed forces.
● Article 228: The high court can transfer any pending case from any subordinate case to another subordinate court
or to itself.
● Article 230: The Parliament has the power to extend the jurisdiction of one high court to any Union Territory
(cannot be done by a state legislature).
● Article 231: Parliament has power to decide the establishment of a common High Court for two or more states with
the consultation of the governors and will decide the principal seat of the high court.
Reasons for Pendency of Cases in Judiciary:
● Insufficient Number of Judges: The shortage of judges leads to delays in case proceedings and an increased burden
on the judiciary.
● Inadequate Infrastructure: A lack of funding results in insufficient training, outdated IT infrastructure, and a
shortage of lower staff, all of which hinder the efficiency of the judicial system.
● Lack of Political Will: The absence of strong political commitment to judicial reforms exacerbates delays and
inefficiencies within the system.
● Large Number of Government-Led Litigations: Government involvement in numerous legal cases contributes
to the backlog and prolongs the resolution of cases.
● Overburdened Judiciary: The heavy caseload faced by the judiciary increases delays, as courts struggle to address
the vast number of cases.
● Inefficient Investigation Agencies: Slow investigations, lack of expertise, outdated policing methods, and limited
forensic capabilities all contribute to delays in the judicial process.
Recusal of Judges:
● This term means withdrawing oneself from the case in which the judge is related to any one party of the case to
ensure impartial decision-making.
● It is based on the neutrality principle and the principle of natural justice.
● No process is mentioned anywhere regarding the recusal of judges, it is only based upon the judge as he can deny
the recusal.
● The Supreme Court in the Ranjit Thakur case held that the test of biasness can be the grounds for recusal.
Subordinate Courts:
● They are the third tier of justice. They are also called lower courts.
Article 233: Appointment of District Judges
● District Judges are appointed by the Governor in
consultation with the High Court.
● Qualification of District Judges:
○ An advocate for 7 years or pleader
○ They usually come through a judicial service
exam

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The Respective High Court will control the working of subordinate courts.

Article 234:
● The governor has power to appoint judicial staff through the State Public Service Commission.
Article 312: All India Judicial Services (AIJS)
● By the 42nd amendment, AIJS was added in Article 312 to ensure universality of the appointment of subordinates.
● Objectives:
○ Timely recruitment process
○ To attract best pool of resources
○ To ensure the impartiality and Integrity of judges
○ To endure representation of marginalised sections.
○ To solve problem of nepotism and favouritism
Issues With AIJS:
● Language barrier at local courts for candidates from different states, for example, a candidate from North India will
not be able to serve in South Indian courts.
● High Courts are not in favor of AIJS because it will take control from them.
● AIJS will compromise the promotional avenues of deserving advocates.
Despite these challenges, AIJS can be a better idea for effective working of lower judiciary.
Fast Track Courts (FTC):
● Ideally, Fast Track Courts are nowhere mentioned in the Constitution.
● It was started as a central sector scheme, and recommended by the Finance Commission.
● They are established by the State Government in consultation with the respective High Courts.
● The judges of the fast-track courts are deputed on an ad-hoc basis from district courts only.
● The 11th Finance Commission proposed the idea of setting up the Fast Track Courts (FTCs) in 2001 to dispose
of pending cases of the subordinate judiciary.
Issues with FTC:
● Fast Track Courts have not been able to dispose of cases as quickly as intended.
● There is a lack of adequate judicial staff to manage the caseload.
● Both IT and physical infrastructure for these courts are insufficient.
● There is a shortage of trained staff to handle the secondary functions of the courts.
● Judges in Fast Track Courts are often overburdened with excessive caseloads.
Reforms in FTC:
● Capacity building for Judges and Police: There should be dedicated judges and police officers specifically
assigned to Fast Track Courts.
● Dedicated auxiliary staff: There is a need for specialized auxiliary staff to support the operations of these courts.
● Adequate funds and infrastructure: Sufficient financial resources and infrastructure should be allocated to
support the functioning of Fast Track Courts.
● Stipulated time frame for case disposal: A clear time frame for disposing of cases should be established, as seen
in countries like Spain, to ensure timely resolution of cases.

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Lecture 04: Tribunals and ADR
Tribunals
The 42nd Amendment implemented the idea of tribunals in the Constitution, as recommended by the Swaran Singh
Committee.
● Article 323A established administrative tribunals that deal with administrative services.
● Article 323B deals with tribunals for other matters, such as taxation, foreign exchange, labor issues, etc.
Origin:
● The concept of tribunals evolved from the ancient Roman concept of Tribunes (Roman courts).
● Tribunals are quasi-judicial in nature, meaning they perform functions that are both judicial and administrative.
● They are also constitutional in nature, given their inclusion in the Constitution.
Administrative Tribunals:
● Administrative Tribunals are divided into two parts:
1. Central Administrative Tribunal (CAT)
2. State Administrative Tribunals (SAT)
● CAT exercises original jurisdiction over matters related to central government services. However, it does not
cover personnel from defense, the Supreme Court, or the Secretariat.
● CAT is a multi-member body, consisting of both judicial and administrative officers.
● It deals with issues related to recruitment, transfer, promotions, etc.
● Tribunals work based on the principle of natural justice and are not bound by the Civil Procedure Code.
● The Chairman of CAT serves a term of 4 years or until the age of 70, while members retire at 67 years of age.
● SAT operates similarly to CAT but deals with matters at the state level.
Recent Developments:
● The appointment of CAT members is made by the central government based on recommendations from a search
committee chaired by the Chief Justice of India.
● In the L. Chandra Kumar case, the Supreme Court held that appeals from tribunals can be filed in the division
bench of the High Court.
Advantages of Tribunals:
● Speedy trials.
● Fast disposal of cases.
● They help reduce the burden on regular courts.
● They address issues related to backlog and promote efficiency.
● Removes docket explosion (when the number of cases being filed in a court system is greater than the number of
cases being dismissed)
● They follow the principle of natural justice.
Issues with Tribunals:
● High pendency of cases.

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● Lack of sufficient members.
● Excessive government control, which undermines the autonomy of tribunals.
● They raise concerns regarding the doctrine of separation of powers as tribunals perform both judicial and
executive functions.
Case Laws Related to Tribunals:
● S.P. Sampath Kumar v. Union of India (1987): The Supreme Court held that tribunals are not a substitute for
High Courts and that the appointment of tribunal members should be made in consultation with the Chief Justice
of India (CJI) to safeguard the independence and integrity of the tribunal system.
● L. Chandra Kumar v. Union of India (1997): The Supreme Court reaffirmed that judicial review is a part of the
basic structure of the Constitution.
○ It ruled that tribunal decisions are subject to judicial review by the High Courts, ensuring that tribunals
remain subordinate to the judiciary and are not fully autonomous in legal matters.
● Madras Bar Association v. Union of India (2014): The Court held that tribunals must function in an autonomous
manner, free from interference by the executive.
○ It ruled that government ministries cannot interfere in tribunal functioning, thereby reinforcing the
independence of tribunals from executive control.
● Finance Act, 2017: This legislation gave the central government substantial control over tribunals, including setting
the rules for the appointment, salaries, and promotions of tribunal members.
○ The act faced criticism for undermining the autonomy of tribunals by increasing the executive’s role in
tribunal administration.
● Roger Mathew v. South Indian Bank Ltd. (2019): The Supreme Court ruled that there should be a uniform rule
for the retirement age and tenure of tribunal members. It suggested longer tenures to ensure continuity and
effectiveness.
○ The Court also recommended the creation of a National Tribunal Commission to ensure transparent and
efficient recruitment and functioning of tribunal members.
● Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 : This ordinance brought
significant changes to the functioning of tribunals:
○ Dissolution of several tribunals deemed unnecessary.
○ Minimum age of 50 years for tribunal appointments.
○ Reduction of tribunal member tenure to 4 years.
○ The central government was given the final authority in the appointment process, raising concerns about
excessive executive control and undermining tribunal independence.
Tribunals in Other Countries:
● Australia: Tribunals in Australia handle civil and administrative matters, providing a separate mechanism for
resolving specific disputes.
● United Kingdom (UK): Tribunals in the UK focus on taxation and salary disputes, functioning as specialized
bodies for specific issues.

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● United States of America (USA): Tribunals in the US deal primarily with administrative matters, particularly
those related to disputes with government agencies and regulatory functions.
National Tribunals Commission:
The National Tribunals Commission (NTC) is a proposed independent body in India that would oversee the administration
and functioning of various tribunals.
Objectives:
● Independent Appointments: The primary objective of the NTC is to ensure independent and transparent
appointments to various tribunals. It is envisioned to take over the responsibility of appointing members to tribunals
from the respective ministries, aiming to reduce political inf luence in the appointment process.
● Streamlining Tribunal Administration: The NTC would also be responsible for streamlining the administration
of tribunals, ensuring uniformity in procedures, and improving their efficiency and effectiveness.
● Enhancing Accountability: The NTC would play a crucial role in enhancing accountability and transparency in
the functioning of tribunals.
Proposed Functions:
● Appointment of Tribunal Members: The NTC would be responsible for recommending the appointment of
members to various tribunals, including the Central Administrative Tribunal (CAT), Income Tax Appellate Tribunal
(ITAT), National Green Tribunal (NGT), etc.
● Supervision and Monitoring: The NTC would monitor the performance of tribunals, identify areas for
improvement, and recommend necessary reforms.
● Setting Standards: The NTC would set standards for the functioning of tribunals, including guidelines on
procedures, timelines, and administrative practices.
● Capacity Building: The NTC would undertake initiatives to enhance the capacity and professional development
of tribunal members.
Significance:
The establishment of the NTC is expected to have a significant impact on the Indian judicial system by:
● Improving the quality of justice: By ensuring independent and efficient functioning of tribunals.
● Reducing delays: By streamlining administrative processes and improving efficiency.
● Enhancing public trust: By increasing transparency and accountability in the appointment and functioning of
tribunals.
Current Status:
The establishment of the NTC has been a subject of debate and discussion for some time. While there have been proposals
and discussions, the actual establishment of the NTC is still pending.
National Green Tribunal (NGT)
The National Green Tribunal (NGT) was established to handle environmental matters and ensure environmental justice.
It is a statutory body established under the National Green Tribunal Act, 2010, with the following key features:
● Role: NGT acts as a civil court to adjudicate cases related to environmental protection and the conservation of
forests and natural resources.
● Jurisdiction: It can take matters through suo motu actions or based on complaints from aggrieved parties.
● Appeals: Decisions of the NGT can be appealed to the Supreme Court (SC) within 90 days.

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● Principle: NGT operates on the principle of natural justice and aims to provide effective and expeditious
resolution of environmental disputes.
Challenges faced by NGT:
● Control by government: There are concerns about the excessive control exerted by the executive over the
functioning of the NGT, which can affect its autonomy.
● Lack of resources: The NGT faces a shortage of financial and human resources, limiting its ability to function
effectively.
● Lack of benches: The limited number of NGT benches across India makes access to environmental justice difficult
in certain regions.
● Lack of technical expertise: The NGT bench often lacks adequate technical and environmental expertise.
● No scientific assistance: There is limited scientific and expert support to assist the tribunal in dealing with complex
environmental issues.
GRAP: Graded Response Action Plan.
● It's a set of anti-air pollution measures implemented in the National Capital Region (NCR) of India, including Delhi,
during periods of high air pollution.
● The primary goal of GRAP is to curb air pollution levels in the NCR, particularly during the winter months when
air quality often deteriorates significantly.
● GRAP is a crucial tool in combating air pollution in the NCR, which has become a major environmental and public
health concern.
● It aims to reduce air pollution levels and improve the quality of life for residents of the region.
● Stages: GRAP operates on a graded response system, with different sets of actions triggered based on the severity
of air pollution as measured by the Air Quality Index (AQI).
○ Stage 1 (Poor AQI): Includes measures like increased mechanical sweeping of roads, sprinkling of water
on roads, and restrictions on construction and demolition activities.
○ Stage 2 (Very Poor AQI): Introduces stricter measures, such as the closure of brick kilns, restrictions on
the entry of trucks, and the prohibition of construction and demolition activities.
○ Stage 3 (Severe AQI): Involves more stringent measures, including the closure of schools, colleges, and
non-essential government offices, and restrictions on the use of private vehicles.
○ Stage 4 (Severe Plus AQI): Includes the most stringent measures, such as the complete closure of schools,
colleges, and most industries, and a ban on the entry of trucks.
● Role of NGT (National Green Tribunal):
○ The NGT plays a crucial role in monitoring the implementation of GRAP.
○ It has issued orders and directives to ensure the effective implementation of GRAP measures and has taken
action against agencies that fail to comply.

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Alternative Dispute Resolution (ADR)
● Alternative Dispute Resolution (ADR) refers to the settlement of disputes outside the traditional court system.
ADR provides a substitute to regular judicial processes, offering various mechanisms for resolving disputes
efficiently.
Benefits of ADR:
● Cost-effective: ADR mechanisms involve lower expenses compared to regular litigation.
● Time-saving: The process is less time-consuming, ensuring faster resolution of disputes.
● Efficient disposal: ADR facilitates quicker settlement, reducing the burden on the regular courts.
● No legal representation required: Parties can represent themselves, which simplifies the process.
● Mutual interest: ADR focuses on working in the interest of the parties, ensuring fair and agreeable outcomes.
National Legal Services Authority (NALSA)
● The National Legal Services Authority (NALSA) was established under the Legal Services Authorities Act,
1987, to fulfill the objectives of Article 39A of the Indian Constitution, which directs the State to ensure free legal
aid for promoting justice on the basis of equal opportunity.
Objectives of NALSA:
● Free legal aid: To provide free legal assistance to the poor and marginalized sections of society.
● Legal awareness: To spread legal literacy and awareness about the rights and duties of citizens.
● Speedy justice: To ensure speedy justice for all, particularly for the underprivileged.
● Establishment of Lok Adalats: To facilitate the settlement of disputes through Lok Adalats (people's courts), a
form of ADR.
Eligibility for Free Legal Aid:
1. Women and children: Special consideration is given to their legal needs.
2. SC/ST members: People belonging to Scheduled Castes and Scheduled Tribes are entitled to free legal aid.
3. Disabled persons: People with disabilities are eligible for assistance.
4. Victims of disasters: Victims of natural or man-made disasters.
5. Industrial workers: Workers involved in industrial activities are covered.
6. People with income below ₹1 lakh: People earning less than ₹1 lakh per year.
7. Victims of trafficking and beggary: Special provisions are made for those affected by human trafficking.
Composition of NALSA:
● Chief Justice of India (CJI): The CJI serves as the patron-in-chief of NALSA.
● Executive Chairman: A retired or sitting judge of the Supreme Court is appointed by the President of India as
the Executive Chairman of NALSA to oversee its functioning.
District Legal Services Authority (DLSA):
● At district level, headed by district judge.
● Lawyers as executive members

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Lok Adalat
● Lok Adalat is a system of Alternative Dispute Resolution (ADR).
● It was established to take up matters that are pending in courts or at the pre-litigation stage. Lok Adalats handle
cases related to compoundable offences, which include criminal, civil, family, and other disputes.
● Note: Non-compoundable offences are not allowed to be taken up in Lok Adalats.
Powers of Lok Adalat:
● Lok Adalats have powers equivalent to civil, criminal, and family courts.
● The decisions made by Lok Adalats are final and binding on the parties involved.
● No appeal: The decision of a Lok Adalat cannot be challenged in any court of law in India.
Functions of Lok Adalat:
● Timely disposal of cases: Ensures quick resolution of disputes.
● Cost-effective and speedy trial: It offers an economical way to resolve disputes.
● Ensuring justice: It ensures justice is served to both parties by focusing on settlement.
Permanent Lok Adalat
● Permanent Lok Adalats were established under the Legal Services Authorities (Amendment) Act, 2002. These
function as permanent courts in every district for disputes related to public utility services.
● Chairman: The Permanent Lok Adalat is chaired by a District Judge.
● Jurisdiction: They are established district-wise.
● Award: The decision or award of a Permanent Lok Adalat is final and binding on the parties.
● Scope: They deal with matters involving compoundable offences.
Gram Nyayalayas
● Gram Nyayalayas were established in 2008 through an Act of Parliament to ensure access to justice at the village
level.
● These courts handle civil and criminal cases at the grassroots level, in areas where regular courts are not functioning.
● Appeal: The decisions of Gram Nyayalayas can be challenged in higher courts.
● Objective: Their primary aim is to provide timely and affordable justice to rural citizens.
Language in Courts
Article 348 of the Indian Constitution deals with the language to be used in the Supreme Court and High Courts.
● Default Language: States that all proceedings in the Supreme Court and in every High Court shall be in the
English language until Parliament by law otherwise provides.
○ This reflects the historical context of India's independence, where English served as a common language
for communication across diverse linguistic regions.
● Use of Hindi or other State Languages: Allows for the use of Hindi or any other language used for any official
purposes of the State in the proceedings of a High Court. However, this requires:
○ Previous Consent of the President: The Governor of a State must obtain the previous consent of the
President to authorize the use of Hindi or another regional language.
○ Decrees, Judgments, and Orders: Even if authorized, the final decrees, judgments, and orders of the High
Court must be in English. This ensures uniformity and clarity in legal pronouncements.

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Comptroller and Auditor General of India (CAG) - Article 148
● The Comptroller and Auditor General (CAG) is a constitutional authority appointed under Article 148 of the
Constitution.
● The CAG is responsible for auditing government accounts and ensuring transparency in the use of public funds.
● Appointment: The CAG is appointed by the President of India through a warrant under his hand and seal.
● Tenure: The CAG holds office for a term of 6 years or until reaching the age of 65 years, whichever is earlier.
● Oath: Administered by the President.
● Removal: The CAG can only be removed in a manner similar to that of a Supreme Court judge.
● Independence: The CAG is not eligible for any post-retirement jobs in the government.
● Expenses: The office expenses of the CAG are charged upon the Consolidated Fund of India (CFI).
● The CAG’s (Duties, Powers, and Conditions of Service) Act, 1971, specifies the CAG’s functions, powers, and
service conditions.
Powers and Duties of the CAG:
● Audit of funds: Audits the Consolidated Fund of India, the Contingency Fund
● Audit of other government bodies receiving government funds.
● Audit of government accounts: Audits the accounts of both the central and state governments.
● Audit of local governments: Includes audits of panchayats, municipalities, and other local bodies.
● Advice to the President: Advises the President on the maintenance of accounts.
● Submission of reports: Submits audit reports to the President or Governor, who then tables them in Parliament
or the State Legislature.
● Certification of net proceeds: Certifies the net proceeds of any tax or duty.
○ Dr. B.R. Ambedkar referred to the CAG as one of the most important offices in the Constitution, calling it
the “guide, friend, and philosopher” of the Public Accounts Committee (PAC).
Issues with CAG:
● Auditing but not controlling: Unlike the CAG in the UK, the Indian CAG has only auditing powers, not controlling
powers over public expenditure.
● Control by the central government: There is excessive control by the government over the CAG's office, affecting
its autonomy.
Reforms Proposed for CAG:
1. A search committee comprising the Prime Minister, Leader of the Opposition, and a third member should be
formed to ensure an impartial appointment process.
2. The CAG’s office should have complete independence from government control.
3. Increase staff and expertise: The CAG office should be strengthened with more skilled personnel for effective
audits.
4. Compulsory audits: NGOs, public-private partnerships (PPPs), panchayats, and other entities receiving public
funds should undergo compulsory audits by the CAG.
5. Specialized functionaries: Appleby’s suggestion for having specialized officers for specific functions should be
implemented to enhance the CAG's effectiveness.
6. Dr. Ambedkar emphasized that this office should remain impartial and independent, as it plays a crucial role in
safeguarding public money.

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Chapter - 07
Federalism

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Lecture 01: Federalism
Federalism
● Federalism refers to the division of power between various layers of government, typically between the central
government and regional or state governments. The term originates from the Latin word "foedus," meaning a
contract or agreement, emphasizing the concept of shared rule and governance.
○ Unitary System: In a unitary system, all the power is vested in a single central government, which exercises
authority over the entire nation.
○ Federal System: In a federal system, power is divided between the central government and the state or
regional governments, with both levels having their own jurisdictions and responsibilities.
○ Confederate System: In a confederation, power is decentralized, and member states or units retain
significant autonomy, with a weak central authority. An example of this system is the European Union, or
historically, the Confederate States of America (pre-1865).
Federalism in India:
● Granville Austin characterizes India as a federal polity “sui generis” (unique in its own kind), where the structure
of federalism is designed to meet India's specific needs.
● K.C. Wheare, on the other hand, describes India as a "quasi-federal" system, where the federal model is tilted in
favor of the central government, particularly because the residuary powers (powers not explicitly mentioned in the
Constitution) rest with the central government.
Comparison with USA Federalism:
● Coming Together vs. Holding Together: The USA follows a "coming together" model of federalism, where
independent states voluntarily unite to form a federation. India follows a "holding together" model, where the
country remains united under a federal system, with power-sharing arrangements made to accommodate its
diversity.
● Symmetrical vs. Asymmetrical Federalism: In the USA, all states enjoy equal powers and status (symmetrical
federalism). In India, there is an asymmetrical federalism, where some states (like Jammu & Kashmir, prior to 2019,
and certain northeastern states) have been granted special provisions an d powers.
● Residuary Powers: In the USA, residuary powers (those not explicitly mentioned in the Constitution) lie with the
states. In contrast, in India, residuary powers are vested in the central government.
● Dual vs. Cooperative Federalism: The USA follows a system of dual federalism, where the functions and
responsibilities of the central and state governments are clearly demarcated. India follows cooperative federalism,
where both levels of government work together on many matters, though there is still a clear central dominance.
● Centripetal vs. Centrifugal Federalism: The USA exhibits centripetal federalism, meaning the system pulls
powers toward the central government. India, on the other hand, exhibits centrifugal federalism, where powers are
distributed away from the center toward the states, but with central government control in key areas.
● The USA is often described as an “indestructible union of indestructible states,” where the states cannot
unilaterally secede from the Union.

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● In contrast, India is an "indestructible union of destructible states," where states may be reorganized, merged,
or bifurcated by the central government through constitutional amendments, reflecting the flexibility in the Indian
federal structure.
Layered Cake Federalism vs Marble Cake Federalism: The "layered cake" and "marble cake" metaphors are used
to describe different models of federalism, which refers to a system of government where power is divided between a
national government and state or regional governments.
● Layered Cake Federalism (Dual Federalism)
○ This model is like a layered cake with distinct layers – the national government at the top, state governments
in the middle, and local governments at the bottom.
○ Clear Division of Powers: There is a clear and distinct division of powers between the national, state, and
local governments.
○ Limited Interaction: Interaction between different levels of government is minimal.
○ Emphasis on State Sovereignty: States have significant autonomy and independence within their own
spheres of influence.
● Marble Cake Federalism (Cooperative Federalism)
○ This model is like a marble cake, where the different levels of government are intertwined and
interdependent.
○ Shared Powers: There is a significant degree of overlap and cooperation between the national, state, and
local governments.
○ Joint Programs: Governments often work together on joint programs and initiatives, sharing resources
and responsibilities.
○ Interdependence: The actions of one level of government often have significant impacts on the other
levels. Ex. NITI Aayog
Key Differences:

Relevance to India:
● While India's federalism has evolved significantly, it exhibits characteristics of both models.
● Initially, there was a greater emphasis on a clear division of powers, but over time, cooperative federalism has
become increasingly prominent, with greater collaboration between the Centre and the States.
● Article 1: India, That Is Bharat, Is a Union of States

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○ The term "Union" signifies that the central government holds all powers not explicitly granted to the states.
Dr. B.R. Ambedkar emphasized that the term "Union" is distinct from "Federation."
○ In India, the states did not come together through an agreement or treaty, as in many federations, and they
do not have the right to secede from the Union.
○ The Union of India comprises:
■ The territories of the states
■ The territories of Union Territories (UTs)
■ Other territories that may be acquired by India in the future.
● Article 2:
○ This article grants Parliament the power to admit new states into the Union or establish new states on terms
and conditions it deems appropriate.
● Article 3: Parliament has the authority to:
○ Increase the area of any state,
○ Decrease the area of any state,
○ Alter the boundaries of any state,
○ Change the name of any state,
○ Form new states by reorganizing existing ones.
● Process under Article 3:
○ A bill proposing changes under Article 3 must be introduced in Parliament with the prior recommendation
of the President.
○ The bill must be sent to the concerned state legislature for their views.
○ The state legislature can express its opinions within the stipulated time frame.
○ Parliament is not obligated to accept the state legislature's views.
○ The bill is passed by a simple majority in Parliament.
Note: In the case of Union Territories, Parliament is not required to consult the concerned UT before introducing such a
bill. If any foreign territory is to be incorporated into India, a constitutional amendment under Article 368 is required.
● Berubari Union Case: Giving Away Territory
○ In the (Re) Berubari Union Case, the Supreme Court, through a Presidential reference under Article
143, held that any decision to cede Indian territory requires a constitutional amendment passed by a special
majority in Parliament and ratified by more than half of the state legislatures.
○ Consequently, the 100th Amendment was passed in 2014 to facilitate the exchange of territory with
Bangladesh.
● The Nehru-Noon Agreement
○ It was a 1958 pact between India and Pakistan to resolve the border dispute in the Berubari Union, a small
area near Cooch Behar in West Bengal.
○ The agreement aimed to transfer four Indian enclaves in West Bengal to Pakistan and receive 11 Pakistani
enclaves in exchange.

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○ The agreement raised constitutional concerns as it involved the transfer of Indian territory to another
country.
○ The Supreme Court ruled that such a transfer required a constitutional amendment under Article 3 of the
Constitution, which deals with the power of Parliament to alter the boundaries of states.
● 100th Amendment:
● Enacted in 2015 to give effect to the Land Boundary Agreement (LBA) signed between India and
Bangladesh in 1974 and its 2011 Protocol.
● This amendment aimed to:
○ Align the Constitution with the LBA: Modify the First Schedule of the Constitution to reflect the
territorial changes resulting from the LBA.
○ Resolve Enclave Issues: Resolve the long-standing issue of enclaves, where small pockets of one
country's territory were located within the territory of another.

Centre-State Relations
● Article 245:
○ Parliament can make laws for the entire territory of India or any part of it, whereas a state legislature can
make laws for its own territory.
○ A law passed by Parliament cannot be declared invalid on the ground of extra-territorial operation (i.e.,
its effects outside India)
● Doctrine of Territorial Nexus:
○ This doctrine allows a state law to operate beyond the state’s boundaries if there is a sufficient connection
(nexus) between the subject matter of the law and the objectives it seeks to achieve.
○ For example, if the State of Maharashtra imposes a tax on an online gaming website operated from Delhi
but has a substantial number of users in Maharashtra, the law is considered valid.
● Article 246:
○ Parliament and state legislatures have the power to make laws on subjects under their respective
jurisdictions as listed in the Seventh Schedule (Union, State, and Concurrent Lists).

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○ Parliament has the power to legislate on matters in the State List under certain circumstances.
● Doctrine of Pith and Substance:
○ This legal doctrine determines the true nature of a law when there is an overlap or conflict between the
jurisdictions of the Centre and the state.
○ If the main subject (pith) of the law falls within the jurisdiction of the legislature that passed it, it will be
considered valid, even if it incidentally encroaches upon the powers of the other legislature.
○ For example, if Parliament passes a law regulating banking (a Union subject) that also affects money
laundering (a State subject), it would be considered valid under the doctrine of pith and substance.
○ Similarly, if a state passes a law regulating money laundering but it incidentally affects banking, it would
also be valid under this doctrine.
Note: In this context, "pith" means the true subject matter of the law, while "substance" refers to the effect it has.
● Article 248:
○ Under Entry 97 of the Union List, Parliament has residuary powers, meaning it can legislate on any
subject not explicitly mentioned in any of the three lists.
○ For example, information technology, which was not specifically mentioned in any list, falls under
Parliament's jurisdiction. This ensures that India follows a Union-tilted model of federalism.
● Article 249:
○ Rajya Sabha has the power to allow Parliament to legislate on a matter in the State List if it is deemed to
be in the national interest. This requires a resolution supported by two-thirds of the members present and
voting.
○ The law will remain in force for one year, and it can be extended for another year if needed.
○ After the extension period, the law will cease to be in effect six months after the extension expires if no
further action is taken.
● Article 250:
○ Parliament has the power to legislate on State subjects during a national emergency. Any law made during
an emergency will cease to be in effect six months after the emergency ends.
● Article 251:
○ In case of inconsistency between laws made by Parliament and laws made by a state legislature, the law of
Parliament will prevail when acting under Article 249 (national interest) or Article 250 (during an
emergency).
● Doctrine of Repugnancy:
○ This doctrine applies when there is a conflict between a law made by Parliament and a state law on matters
in the Concurrent List. In such cases, the law made by Parliament will prevail, rendering the state law
void to the extent of the inconsistency.
● Article 254 codifies this doctrine.
● Article 252:
○ Parliament has the power to legislate for two or more states with their consent on matters in the State List.
○ Once a law is enacted under this provision, it applies only to those consenting states, but other states can
later adopt the same law.

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● Article 253:Parliament has the authority to enact laws to implement international agreements and treaties, even
on matters within the State List.
Note: Parliament can make laws on subjects in the State List either during a national emergency or when it is deemed to
be in the national interest (via Rajya Sabha’s resolution).

Administrative Relations
● Article 256:
○ It is the duty of the Union to ensure that the states exercise their executive powers in accordance with the
provisions of the Constitution.
● Article 257:
○ The executive power of every state shall be exercised in a manner that does not impede or prejudice the
exercise of the executive power of the Union.
○ The Union can give directions to states regarding the implementation of laws related to certain subjects.
○ For example, the Union can issue directions to the states on matters such as the maintenance of:
■ Railways,
■ Communication facilities,
■ National highways,
■ Military installations.
● Articles 258 and 258A:
○ Under Article 258, the President can, with the consultation of the Governor of a state, entrust Union
functions to the state government or its officers, even on matters that fall under the Union List.
○ Article 258A empowers the state governments to entrust their officers with functions concerning subjects
in the Union List, but only with the consent of the Union government.
○ These provisions facilitate cooperation between the Union and states for smooth administration across
various fields.

Interstate Relations:
● Article 262 - Adjudication of Water Disputes
○ To ensure that there are no disputes between states regarding interstate rivers, Article 262 was implemented.
○ Matters like water supply and canal irrigation fall under the State List, whereas interstate rivers are included
in the Union List (Entry 56).
Interstate River Water Disputes Act, 1956
● This act was implemented to fulfill the objective of Article 262.
● It adjudicates disputes among states over the distribution, use, or control of interstate rivers.
● The act provides for an ad hoc tribunal to resolve disputes, consisting of Supreme Court or High Court judges.
● The decision of these tribunals is final and binding, and cannot be challenged in the Supreme Court or any other
court. However, some decisions have been challenged.
Challenges:
● Long delays in adjudication.

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● Issues remain in the implementation of decisions/awards.
● Many awards have been challenged in the Supreme Court (e.g., the Supreme Court refused to interfere in the
Cauvery River water dispute).
● The decisions of the Central Water Commission sometimes overlap with those of the tribunals, causing confusion.
● Growing water demand in the country.
Recent Developments:
Interstate River Water Disputes (Amendment) Bill, 2019:
● A permanent water commission will be formed.
● Disputes should be resolved within 4.5 years.
● The decision will be final and binding on the states.
● A Dispute Resolution Committee will be formed for pre-tribunal resolution.

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Lecture 02: Centre State Relations
Article 263: Inter-State Council
● As per Article 263 of the Constitution, the President may establish an Inter-State Council if it is in the public interest.
● The council is tasked with the following functions:
○ Inquire into disputes that may have arisen between states.
○ Investigate and discuss matters of common interest between states.
○ Make recommendations for the resolution of disputes and for better coordination between states.
Advantages of the Inter-State Council:
● Forum for Cooperation – Provides a platform for cooperative federalism.
● Trust-Building Platform – Promotes dialogue and trust between states and the center.
● Constitutional Backing – The council is backed by Article 263 of the Constitution.
● Well-Structured Organization – It has a defined structure with clear roles.
Issues with the Inter-State Council:
● Not a Permanent Body – The council is not a standing or permanent body.
● Only Advisory Role – The recommendations of the council are not binding on the states or the center.
● Irregular Meetings – Meetings are not held regularly, which limits its effectiveness.
● Central Dominance – The center tends to dominate the council’s decisions and functioning.
Sarkaria Commission Recommendations:
● The council was set up based on the recommendations of the Sarkaria Commission.
● It constitutes of following members:
○ Prime Minister as Chairman.
○ Chief Ministers of all States.
○ Chief Ministers of Union Territories having legislatures.
○ Administrators of Union Territories (Governors in case of President’s Rule under Article 356).
○ Six Cabinet Ministers, including the Home Minister, nominated by the Prime Minister.
Zonal Councils
● Zonal Councils were created for the Northern, Eastern, Western, and Southern parts of the country.
● They are statutory in nature, established under the States Reorganisation Act, 1956.
● In addition, the North Eastern Council was created through the North Eastern Council Act, 1972, specifically to
address matters related to the North-Eastern states.
Composition:
● Chairman: Union Home Minister
● Vice-Chairman: Chief Ministers of the States in the zone, rotating annually.

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● Members: Chief Ministers and two other Ministers from each State in the zone, two members from Union
Territories within the zone.
● Advisors: Chief Secretaries, Development Commissioners, and other relevant officials from each State.
Objectives:
● To promote national integration and strengthen Centre-State relations.
● Facilitating inter-state cooperation: Addressing issues of common concern among states within a zone.
● Resolving inter-state disputes: Providing a platform for amicable resolution of disputes between states.
● Coordinating development: Promoting coordinated development initiatives within the region.
● Addressing regional imbalances: Addressing regional disparities and promoting balanced development across the
zone.
Finance Commission
● Article 280 of the Constitution provides for the constitution of the Finance Commission by the President of India.
● Composition: It consists of a Chairman and 4 members.
● Qualifications:
○ The Chairman should be a person with adequate knowledge of public affairs and of eminence.
○ The other members must have experience or qualifications in finance, economics, or related areas.
○ Note: The qualifications of the members are determined by Parliament.
● Functions and Powers: The Finance Commission is tasked with making recommendations regarding:
○ Distribution of the net proceeds of taxes between the Centre and the States.
○ Grants-in-aid to the States from the Consolidated Fund of India (CFI).
○ Measures needed to augment the resources of the CFI and Consolidated Fund of States (CFS).
○ Supplementing the resources of Panchayats and Municipalities.
○ Any other matter referred to it by the President.
Article 281: Submission of Recommendations
● It is the duty of the President to lay the recommendations of the Finance Commission before Parliament.
Devolution of Funds
● Vertical Devolution: The money collected by the Consolidated Fund of India (CFI) is divided between the Centre
and the States.
1. The 14th Finance Commission set the vertical devolution at 42%, which was later revised to 41% by the
15th Finance Commission.
● Horizontal Devolution: The 15th Finance Commission proposed the following allocation of funds between states:
1. 12.5% for demographic performance.
2. 45% for income distance.
3. 15% of the population.
4. 15% for area.

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5. 10% for forests and ecology.
6. 2.5% for tax efforts.
● Note: Income distance refers to the gap between the per capita income of a state and the state with the highest per
capita income. The larger the gap, the more funds the state receives to reduce inequality.
Issues in Inter-State Relations:
● Dominance of the Centre and over-centralization of powers.
● Monopoly of the Centre on the Concurrent List, leading to conflict.
● Abuse of power by Governors, leading to friction between the Centre and States.
● Non-resolution of inter-state disputes effectively.
● Misuse of Article 356 (President’s Rule).
Suggestions for Improvement:
● Sarkaria Commission Recommendations:
○ Residuary powers, except those related to taxation, should be given to the states.
○ Article 201 (Governor's power to withhold assent to state bills) should not be misused by Governors.
● Punchhi Commission Recommendations:
○ The Inter-State Council should be given permanent status for continuous dialogue between states.
Cooperative Federalism
● Cooperative federalism ensures cooperation between the Centre and the States and provides a roadmap for holistic
development.
● Although the term is not explicitly mentioned in the Constitution, the following provisions emphasize the idea of
cooperative federalism:
○ Concurrent List – Areas where both the Centre and States can legislate.
○ Directive Principles of State Policy (DPSPs) – Guide both the Centre and States in policymaking.
○ All India Services – Officers who serve both the Centre and States.
○ Article 355 – The Centre has a duty to protect States and ensure the smooth functioning of the Constitution.
○ India follows a layer cake model of federalism, which creates a hierarchy in Centre-State relations. This
hierarchical structure poses challenges for cooperative federalism.
Challenges to Cooperative Federalism:
● Residuary powers rest with the Centre.
● Article 3 gives Parliament the absolute power to alter State boundaries.
● Fund devolution is largely controlled by the Centre.
● Ineffective functioning of the Inter-State Council and River Dispute Authorities.
● To address these issues, NITI Aayog was established in 2015 to promote cooperative federalism.

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NITI Aayog
● Replaced the Planning Commission via an executive order (non-statutory and extra-constitutional).
● Acts as a think tank for the Government of India.
● However, despite the efforts of NITI Aayog, competitive federalism has been observed among States.
Competitive Federalism
● Competitive federalism refers to a model of governance where States compete with each other to attract investments,
improve governance, and enhance socio-economic development.
● For example, Vibrant Gujarat summit, Magnetic Maharashtra summit are a model of competitive federalism.
Union Territories (UTs)
● Union Territories (UTs) are typically smaller units directly administered by the Centre. UTs were created for the
following reasons:
○ Administrative efficiency.
○ Preservation of indigenous culture (e.g., Puducherry, Lakshadweep).
○ Strategic importance (e.g., Andaman and Nicobar Islands).
Article 239:
● According to Article 239, UTs are administered by the President through an Administrator.
● The President can also appoint the Governor of an adjoining State as the Administrator of a UT.
Types of Union Territories
● UTs with a State Legislature: This concept was introduced to meet the needs of the local population. Examples
include:
○ Delhi: Under Article 239AA, introduced by the 69th Amendment Act, 1991, Delhi has an elected
government with a Lieutenant Governor (LG). This model is known as the National Capital Territory
(NCT) of Delhi.
○ Delhi has its own State Legislature elected by the people, with a maximum of 70 seats.
○ The Council of Ministers (maximum 10% of the assembly seats) will aid and advise the LG.
○ The Chief Minister and the Council of Ministers are appointed by the President.
○ The Union Government retains control over key subjects:
■ Public order (Entry 1 of the State List).
■ Police (Entry 2 of the State List).
■ Land (Entry 18 of the State List).
○ This arrangement makes Delhi a partial state.
Debate on Delhi’s Statehood:
● Delhi’s model is based on international capitals like Washington, D.C., and Mexico City, given the presence of
Parliament and foreign embassies.

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● The Delhi government does not have adequate finances to maintain law enforcement, police, and key government
buildings.
Arguments in favor of full statehood for Delhi:
● Control over police is essential for maintaining law and order.
● Bureaucracy is necessary for the effective implementation of government schemes.
● Control over land functions is required for better policy implementation.
Recent Issues:
Delhi's Administrative Powers:
● The Supreme Court (2018) held that the Lieutenant Governor (LG) of Delhi is bound by the aid and advice of
the Council of Ministers in areas where the Delhi Legislative Assembly has the authority to legislate.
● The LG's concurrence is not required in most matters, and they function more as a consultant.
Legislative Changes (Parliament's Override):
● In 2021, Parliament passed the Government of National Capital Territory of Delhi (Amendment) Act, 2021,
which enhanced the LG's powers.
● Key changes include:
○ Day-to-day administration was brought under LG's control.
○ The Delhi Legislative Assembly was restricted from making laws or decisions on such matters.
2023 Supreme Court Ruling:
● The Supreme Court reaffirmed that the Delhi Government has the authority to manage civil servants and day-
to-day administration in the National Capital Territory of Delhi.
● However, Parliament curtailed this power again through new legislation, focusing on control over services,
particularly involving appointments and transfers of civil servants.
Alderman:
● An Alderman is a senior member of a municipal council, typically selected for their knowledge of municipal
governance.
● Role: Aldermen head ward committees and play a key role in ensuring municipal affairs run smoothly.
● Voting Rights: Aldermen do not have voting rights in ward committee meetings.
Supreme Court Ruling:
● The LG has the authority to nominate Aldermen to the Municipal Corporation of Delhi (MCD) without
requiring the approval or advice of the Delhi Government.
Puducherry:
● Legislative Power: Puducherry can legislate on matters under the State List and Concurrent List.
● Lieutenant Governor’s Powers:
○ The LG of Puducherry can nominate three members to the Legislative Assembly without consulting
the Chief Minister.

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○ Cultural Identity: Puducherry’s legislative assembly was created to preserve its distinct cultural identity,
but the LG holds significant powers, resembling the role of a Governor in Indian states.
Union Territory of Jammu & Kashmir:
● Jammu and Kashmir became a Union Territory with a Legislature under the Jammu and Kashmir
Reorganisation Act, 2019.
● Lieutenant Governor’s Powers and role:
○ The LG has control over police and public order, which are subjects in the State List.
○ The Council of Ministers aids and advises the LG on certain areas of governance, while the LG holds
substantial powers over key administrative domains.
○ Appointment: The LG is appointed by the President of India and usually has significant administrative
experience.
○ Executive Role: In Union Territories, the LG often plays a more active role compared to a Governor in a
state. The LG acts as the head of the Union Territory.
○ Conflict Resolution: In case of conflict between the UT administration and the Legislative Assembly, the
LG can refer matters to the President of India.
○ Discretionary Powers: The LG has discretionary powers as provided in the Constitution and various
legislative enactments.
○ Promulgation of Ordinances: The LG has the authority to promulgate ordinances when the Legislative
Assembly is not in session.

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Lecture 03: Emergency Provisions
National Emergency
● Under Article 352, a national emergency can be declared upon the satisfaction of the president or by the President
upon receiving the written advice of the Cabinet, as per the 44th Amendment.
● The emergency can be declared on the grounds of external aggression or when the security of India or any part of
it is threatened by war or armed rebellion, following the Cabinet's advice.
● The term “internal disturbance” was replaced with "armed rebellion" by the 44th Amendment.
● An emergency can be invoked on one or more of the specified grounds (external aggression, war, or armed rebellion)
and can cover the entire territory of India or just a part of it.
● The President may declare an emergency even on presumption, before an actual threat occurs.
● Process After Proclamation:
○ Once proclaimed, the emergency has to be laid before both houses of Parliament within one month.
○ If the Lok Sabha is not in session or is dissolved, the proclamation must be laid within 30 days of the first
sitting of the Lok Sabha.
○ The proclamation requires approval by a majority of the total membership of each house and a two-thirds
majority of those present and voting (special majority).
○ Once approved, the emergency will remain in effect for six months, starting from the day the resolution is
passed. It can be renewed indefinitely after six months, as allowed by the 44th Amendment.
● Revocation (Removal of Emergency):
○ The President can revoke the proclamation of emergency at any time.
○ If one-tenth of the members of the Lok Sabha submit a written request, the Speaker must issue a 14 -day
notice to begin a session. The Speaker cannot deny the motion.
○ Once the Lok Sabha meets within 14 days, it can pass a resolution to revoke the emergency by a simple
majority.
Effects of an Emergency:
● Legislative Effects:
○ During an emergency, the Center gains the power to make laws on subjects from the State List. These laws
will remain valid for up to six months after the emergency is lifted.
○ The State Legislature loses its legislative power over matters in the State List during the emergency.
● Executive Effects:
○ The executive powers of the states are transferred to the Center, which assumes control over the functioning
of the state governments.
● Financial Effects:
○ The Center gains control over the finances of the entire nation, centralizing fiscal authority.

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● Other Effects:
○ Article 358: During a national emergency due to war or external aggression, fundamental rights under
Article 19 are automatically suspended.
○ Article 359: The President can suspend fundamental rights, except for Articles 20 and 21, which cannot be
suspended even during an emergency.
○ As per the 44th Amendment, Articles 20 and 21 are never subject to suspension.
○ Article 19: While Article 19 is automatically suspended during war or external aggression, it is not
automatically suspended during armed rebellion.
○ The term of the Lok Sabha can be extended by one year during an emergency (similarly, the term of the
legislative assembly can also be extended). However, elections must be conducted within six months after
the emergency ends.
Article 355:
● This article makes it the Union's responsibility to protect states from external aggression or internal disturbance and
ensures that states function according to the Constitution.
Article 365:
● Under Article 365, the Center can issue directions to a state. If the state fails to comply, the President may declare
the application of Article 365, which can lead to the imposition of central rule in the state.
Article 356: Breakdown of the Constitutional Machinery
● Article 356 deals with situations where there is a breakdown of constitutional machinery in a state, commonly
referred to as "President’s Rule."
● Procedure:
○ The President can invoke Article 356 based on a report from the Governor or on his own discretion.
○ Once invoked, the powers of the State Government are taken over by the Center/Parliament.
○ The proclamation of President’s Rule must be laid before both houses of Parliament for approval.
■ It must be passed within two months.
■ If the Lok Sabha is not in session, the proclamation must be approved within 30 days of its first
sitting.
■ The resolution requires a simple majority in Parliament.
○ President’s Rule can be applied for a maximum tenure of three years but must be reapproved every six
months.
○ As per the 44th Amendment, extending President’s Rule beyond one year is allowed only if:
■ The Election Commission states that elections cannot be conducted in the state.
■ A national emergency is in force.
● The President can revoke the President's Rule through a subsequent proclamation.
● Consequences of President’s Rule:
○ The President assumes the functions of the state executive.

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○ Parliament takes over legislative matters of the state.
○ However, the powers of the High Court in the state remain unaffected.
Article 356 as Dead Letter:
● Dr. B.R. Ambedkar believed that Article 356 would remain a "dead letter," meaning it would rarely be used.
● However, over time, it has been frequently misused by various governments to serve political agendas.
● The provision was borrowed from the Government of India Act, 1935, primarily to ensure the continuity of
governance.
S.R. Bommai Case (1994, 9-Judge Bench):
● The Supreme Court acknowledged that Article 356 had been blatantly misused and applied excessively in the past.
● Key rulings from the case include:
○ If Article 356 is implemented, the State Assembly should not be dissolved immediately but placed under
suspended animation.
○ The Governor must give all political parties in the state a fair opportunity to form a government.
○ The State Assembly can only be dissolved after Parliament approves the resolution for President's Rule.
○ The judiciary has the power of judicial review over the invocation of Article 356.
● The Court emphasized that Article 356 should be used to ensure stability in governance rather than destabilizing
state governments.
Sarkaria Commission Recommendations:
● Article 356 should be used only as a last resort.
● The state government must be given a reasonable opportunity to rectify the issues leading to the breakdown of
constitutional machinery.
● The Governor should explore all possibilities of forming an alternate government in the state.
● The Governor must provide a written explanation for invoking Article 356.
● Article 356 should only be invoked based on a written report from the Governor, and the report should be made
publicly available to ensure transparency.
Financial Emergency: Article 360
● Under Article 360, the President can declare a financial emergency when there is a threat to the country's financial
stability or when the finances are unstable.
● Procedure for Passing Financial Emergency:
○ The proclamation of a financial emergency must be laid before both houses of Parliament.
○ It must be approved within two months of being laid before Parliament.
○ If the Lok Sabha is not in session, the proclamation must be approved within 30 days of the first sitting.
○ The resolution to approve the emergency is passed by a simple majority in both houses of Parliament.
○ Once approved, the financial emergency remains in effect until the financial situation is stabilized.
○ The emergency can be revoked by a subsequent proclamation from the President.

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● Effects of Article 360:
○ The Center can issue directions to the states on financial matters or any other issue the President deems
necessary for stabilizing finances.
○ The salaries and allowances of government employees may be reduced.
○ Money bills from State Legislatures must be reserved for the President's assent.
○ The President can reduce the salaries of judges in the High Courts and Supreme Court.
○ Article 360 was borrowed from the U.S. Constitution but has never been implemented in India.
Reasons Behind Emergency Provisions:
● To ensure the unity and integrity of the nation during times of crisis.
● To safeguard the constitutional functioning and the financial stability of the country.
● To maintain continuity in governance during emergencies.
Criticism of Emergency Provisions (Article 352, Article 356, and Article 360):
● Klamath and Kunzru criticized these emergency provisions as being anti-federal, arguing that they undermine the
autonomy of states.
● The provisions have often been misused by the central government to exert control over the states, leading to an
imbalance of power.
● The misuse of these articles has sometimes resulted in the dictatorship of the Union or the Cabinet, diminishing the
democratic framework.
Support for Emergency Provisions:
● K.M. Munshi and Dr. B.R. Ambedkar defended these provisions, emphasizing their importance in ensuring national
unity and integrity.
● They also highlighted their role in protecting constitutional processes and securing the financial stability of the
nation in times of crisis.

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Chapter - 08
Local Bodies

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Lecture 01: Panchayat / Municipality
Local Bodies:
Constituent Assembly Debate:
● The debate in the Constituent Assembly revolved around the ideas of Mahatma Gandhi and Dr. B. R. Ambedkar.
● Gandhi supported the idea of a decentralized governance structure (Panchayati Raj Institutions), while
Ambedkar advocated for centralization.
● Gandhi emphasized the importance of establishing panchayats at the first tier of government, while Ambedkar
opposed this and termed it as the Den of Ignorance.
● Jawaharlal Nehru proposed a middle path, suggesting that panchayats be included as Directive Principles of State
Policy (DPSP) under Article 40 and be referred to as the organization of village panchayats.
Panchayat System Under British India:
● The panchayat system was part of the ancient administrative structure of India.
● The Royal Commission of 1907 provided a framework for the development of the panchayat system.
● In British India, Lord Mayo's resolution of 1870 marked the first discussion on the idea of local bodies in the
country.
● Lord Ripon institutionalized the system of local bodies in 1882, earning him the title of the ‘father of local bodies’.
Post Independence:
● The failure of the Community Development Programmes (1953) and the poor implementation of social schemes
prompted the Nehru government to reconsider its approach to rural development.
● In 1956, the Balwant Rai Mehta Committee was formed, recommending the establishment of a three-tier
Panchayati Raj system at the district, intermediate, and village levels.
● Later, the Ashok Mehta Committee proposed a two-tier Panchayati Raj system.
● The L. M. Singhvi Committee and the G. V. K. Rao Committee also advocated for the establishment of
Panchayati Raj institutions.
● The 73rd Constitutional Amendment Act added Part IX-A to the Constitution, institutionalizing the Panchayati
Raj system.
Significance of Panchayats:
● It strengthens grassroots democracy and enables people to participate directly in governance.
● It promotes the holistic development of villages, addressing local needs effectively.
● It provides direct representation to the people, ensuring their voices are heard.
● It facilitates cost-effective economic decision-making at the local level.
● It ensures better utilization of funds for development projects.
● It plays a crucial role in strengthening India's democratic structure by decentralizing power.

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Features of 73rd Amendment Act, 1992:
● The three-tier Panchayati system was established, consisting of Gram Panchayat, Intermediate Panchayat, and
Zila Panchayat.
● The provisions of the Act are divided into two categories:
○ Compulsory Provisions:
■ Organization of Panchayats at all three levels.
■ Elections to be held every five years.
■ Reservation for Scheduled Castes, Scheduled Tribes, and women.
■ Establishment of a State Election Commission for conducting elections.
■ Creation of a State Finance Commission for recommending the distribution of finances to
Panchayats.
○ Voluntary Provisions:
■ Transfer of powers to Panchayats as per the XII Schedule of the Constitution.
■ Matters related to finances for Panchayats.
● Gram Sabha:
○ The Gram Sabha is headed by the Sarpanch and comprises village members who are registered voters.
○ Its powers and functions are determined by the state government.
○ It is the most crucial block in the administrative structure of rural governance.
● Intermediate Panchayat:
○ The Intermediate Panchayat operates at the middle level, covering approximately 60 villages and
includes local representatives such as MLAs, BDOs, and MPs.
○ The role of the block-level Panchayat is to ensure the development of the block.
○ This level of Panchayat is mandatory in states with a population of more than 20 lakh.
● Zila Panchayat:
○ The Zila Panchayat, also known as the Zilla Parishad, is an advisory body, with the District Magistrate
serving as its head.
○ Its primary task is to ensure coordination between the state and Panchayats.
○ It also oversees the functions of the Panchayat Samitis at the intermediate level.
Elections:
● Members of the village, intermediate, and district panchayats are directly elected by the people.
● The chairperson of the intermediate and Zila panchayats are indirectly elected.
● The head of the village panchayat is usually directly elected.
● Each state in India has its own specific rules for panchayat elections.
Tenure of Panchayats:
● The tenure of a Panchayat is five years.
● A Panchayat can be dissolved before completing its term.
● In case of dissolution, the new Panchayat will serve only the remaining term.

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● Disqualification of members is decided by state laws.
Reservation in Panchayat:
● SC and ST reservation in Panchayats is provided in proportion to their population.
● Among the SC/ST reservations, one-third of the seats should be reserved for SC/ST women.
● There should be a minimum one-third reservation for women, and in many states, this has been increased to 50%.
● Seats are reserved on a rotational basis.
State Election Commission:
● The State Election Commission is a constitutional body responsible for conducting local elections.
● The election commissioners are appointed by the governor of the state.
● The tenure of the election commissioners is determined by the governor.
● They can be removed in the same manner as a high court judge.
State Finance Commission:
● The State Finance Commission has a five-year tenure.
● It is established by the governor.
● It is responsible for identifying the distribution of finances between the state and Panchayats.
● The Commission also determines taxation powers for Panchayats.
● It has a recommendatory role, submitting its report to the governor.
● The qualification of the members of the State Finance Commission is determined by the state.
Article 243M: Exemptions from Panchayati Raj
● The provisions of Panchayati Raj do not apply to the following areas:
○ Meghalaya, Mizoram, and Nagaland.
○ The hill areas of Manipur.
○ Areas in the Darjeeling district of West Bengal.
○ The state of Arunachal Pradesh.
○ Panchayat Extension to Schedule Areas (PESA) regions.
OBC Reservation in Panchayats:
● OBC reservation in Panchayats is determined through the Triple Test Formula as laid down by the Supreme Court.
● Triple Test Formula:
○ The affinity of the community must be ensured by setting up a dedicated commission for OBC reservation.
○ There must be data to support the backwardness of the community.
○ Reservations must adhere to the 50% ceiling limit on total reservations.
Article 243G – Eleventh Schedule:
● Article 243G of the Constitution lists 29 subjects on which Panchayats have the authority to make laws.
● These subjects include:

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○ Agriculture, Animal husbandry, Fisheries.
○ Drinking water, Public Distribution System (PDS).
○ Maintenance of community assets, Minor irrigation, etc.
Power to Raise Funds:
● Panchayats have the authority to raise funds through the levy and collection of taxes as granted by the state.
● Panchayats receive grants-in-aid from the Consolidated Fund of the State.
● They also receive grants-in-aid from the Consolidated Fund of India ( welfare schemes)
Issues of Panchayats:
● Funds:
○ Panchayats face challenges in generating adequate financial resources.
○ There is inadequate devolution of funds from the state.
○ Funds are often tied to specific schemes, limiting their flexibility.
○ There is underutilization of funds due to the lack of capacity in managing finances.
● Functions:
○ States have not devolved all 29 powers to Panchayats as mentioned in the Eleventh Schedule.
○ Panchayats are not granted full autonomy in their functioning, limiting their decision -making powers.
● Functionaries:
○ There is a shortage of skilled staff in Panchayats.
○ Panchayats are often overdependent on bureaucracy for day -to-day operations.
○ There is a lack of technical expertise among the staff to implement specialized projects effectively.
Reforms:
● Top-Down Approach:
○ Devolution of more funds to Panchayats should be prioritized.
○ There should be compulsory devolution of powers to Panchayats as outlined in the Constitution.
○ Training programs should be implemented to enhance the capabilities of Panchayat functionaries.
○ There should be a compulsory social audit of Panchayat records to ensure transparency and accountability.
● Bottom-Up Approach:
○ Increased awareness among people about Panchayat functions and their rights.
○ There should be greater representation of women at the Panchayat level.
○ The Gram Sabha should be strengthened by ensuring compulsory meetings and effective representation of
the people.
Social Audits:
● Social audits involve the active participation of every person in the village in the audit process.
● Local NGOs and other organizations participate by discussing the performance and implementation of schemes,
after which a final closure report is filed.

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● Social audits were first introduced in India through the MGNREGA scheme.
● For instance, Meghalaya became the first state in India to mandate social audits for state government schemes in
2017.
Schedule Areas:
● Schedule Areas aim to provide autonomy to tribal populations (aboriginal communities).
● Schedule V Areas refer to regions with tribal populations, excluding those covered under Schedule VI.
● Schedule VI Areas apply specifically to the tribal regions of Assam, Tripura, Meghalaya, and Mizoram.
Criteria for Schedule Areas:
● The area must have a dominant tribal population.
● It should exhibit a developmental deficit.
● The region should show poor social and economic indicators.
● It must have a distinct cultural identity.
Schedule V:
Features of Schedule V Areas:
● The President has the authority to declare any area as a Schedule V area.
● The Parliament has the power to direct states to make laws for these areas.
● The Governor has the power to modify Parliamentary laws for Scheduled Areas.
● Parliamentary laws do not apply to these areas if they are blocked by provisions of Schedule V.
Tribes Advisory Council (TAC):
● Each state is required to establish a Tribes Advisory Council (TAC) to advise on laws related to tribal development.
● The TAC is headed by the Chief Minister of the state.
● The TAC comprises 20 members, with three-fourths of the members being tribal MLAs.
Issues with Tribes Advisory Council (TAC):
● The TAC lacks autonomy in its functioning.
● The council has only recommendatory powers, with no binding authority.
● It is often seen as a politicized body, which may affect its effectiveness.
Solutions:
● There should be more funds allocated to the TAC and greater autonomy to strengthen its role.
● The recommendations of TAC should be made binding to ensure their implementation.
Panchayat Extension to Schedule Areas (PESA) Act 1996:
● The PESA Act ensures self-governance in Schedule V areas for tribal communities.
● It gives tribals control over land, minor forest produce, and money lending.
● The Act aims to ensure sustainable development and promotes decentralization of power.
● It also empowers Gram Sabhas to take decisions on local matters.

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● Bhuria Committee was established in June 1994, to work out the details as to how structures similar to Panchayati
Raj Institutions can take shape in Tribal Areas and Scheduled Areas and to define their powers.
● Features of PESA:
○ Gram Sabhas have the authority to regulate matters related to land and other local regulations.
○ Land transfers cannot occur without the consent of Panchayats, as seen in the case of Niyamgiri hills.
● Issues with PESA:
○ The implementation of PESA by state governments has been lacking.
○ Only eight states have framed the necessary rules for PESA.
○ Some state governments try to override PESA provisions through the Panchayati Raj Act.
○ Bureaucratic interference undermines the implementation of PESA.
○ Exploitation of resources continues in tribal areas despite the provisions of the Act.
○ PESA Panchayats lack the necessary financial resources to function effectively.
● Samtha Judgment, 1996:
○ The Supreme Court's Samatha Judgment (1996) ruled that tribal land cannot be transferred to non-tribals,
but land transfers continue under the guise of development projects.
Schedule VI:
● Schedule VI applies to the states of Assam, Meghalaya, Mizoram, and Tripura.
● This schedule was recommended by the Gopinath Bordoloi Committee to ensure the protection of cultural rights
of tribal populations.
● The Governor has the power to create Autonomous District Councils (ADCs) in these areas.
● ADCs are the most autonomous Panchayats in the country.
● The schedule was implemented exclusively in northeastern areas due to their cultural heterogeneity.
Provisions of Schedule VI:
● Self-governance is facilitated through Autonomous District Councils (ADCs).
● The Governor has the authority to include or exclude areas under Schedule VI.
● Panchayats in these areas have judicial powers to resolve local conflicts.
● ADCs have financial powers, including the authority to levy taxes and collect royalties on mineral extractions.
● Parliamentary laws do not automatically apply to Schedule VI areas unless recommended by the Governor.
Autonomous District Councils (ADCs):
● ADCs consist of 30 members:
○ 26 members are elected for a tenure of five years.
○ 4 members are nominated.
● ADCs can make laws related to land, forests, and village administration.
● They have taxation powers, including the right to earn royalties from local mining activities.
● ADCs also have judicial powers for resolving civil and criminal matters within their jurisdiction.

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● Regional Councils are established to monitor ADCs.
Issues with Schedule VI:
● Lack of finances limits the effectiveness of ADCs in fulfilling their responsibilities.
● Politicization of ADCs undermines their autonomous functioning.
● Land alienation continues to pose challenges, despite the protective framework of Schedule VI.
Demand of Ladakh:
● Ladakh is demanding inclusion under Schedule VI to safeguard its tribal culture.
● Benefits of Schedule VI for Ladakh:
○ The region would benefit from inclusive laws that respect local traditions and practices.
○ It would ensure protection of land rights for the local tribal communities.
○ Autonomous District Councils (ADCs) would be empowered to make laws and manage local affairs.
○ The region could regulate tourism more effectively, ensuring sustainable development.
○ Environmental protection would be strengthened through local governance and regulation.
● Issues in Demanding Schedule VI for Ladakh:
○ Border issues, particularly with Aksai Chin, complicate the demand for autonomy.
○ The strategic importance of Ladakh requires significant military infrastructure, which may limit full
autonomy.
○ Ladakh is already functioning under a Hill Council status, which provides some degree of self-governance
but may not offer the full range of powers available under Schedule VI.
Municipalities:
● The 74th Amendment to the Constitution incorporated provisions for Municipalities.
● Municipalities are categorized into three types:
○ Nagar Panchayat: Areas transitioning from rural to urban.
○ Municipal Council: Urban areas with a relatively smaller population.
○ Municipal Corporation: Metropolitan areas with a larger population.
● The Governor has the authority to designate areas based on population and economic activities.
● Municipalities consist of directly elected representatives, and in many states, Mayors are indirectly elected.
● The maximum tenure for elected representatives in municipalities is five years.
● Reservations are provided for SCs/STs and Women, similar to the provisions in Panchayats.
District Planning Committees (DPC):
● DPCs are constitutional bodies responsible for preparing development plans for both Panchayats and Municipalities.
● Their primary role is to oversee development and ensure the proper allocation of funds for the area.
● Members of the DPC are determined by the state legislature.
● At least 4/5ths of the members must be elected representatives from municipalities and Panchayats.

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Issues with District Planning Committees:
● States have not clearly defined the functions of DPCs.
● There is a lack of funds and autonomy since MPs and MLAs approve the plans.
● The DPCs face over-interference from state governments, limiting their effectiveness.
Issues in Municipalities:
● Lack of devolution of powers to local bodies.
● Inadequate funds, insufficient functions, and a shortage of trained functionaries.
● Conflicts between municipalities and district authorities.
● Unplanned urbanization, which often leads to disasters, such as urban floods.
● Growing poverty and failure in the delivery of urban schemes.
Solutions:
● Compulsory devolution of powers under Schedule XII.
● Conduct timely elections in municipalities.
● A greater devolution of funds to municipalities is necessary.
● Explore alternative funding sources, such as the bond market, for financing local projects (e.g., Municipal Bonds).
● The 2nd ARC has recommended a four-tier structure for municipalities, with:
○ Mega cities for populations over 10 million.
○ City governance for populations between 1 million to 10 million.
○ Intermediate cities for populations between 1 lakh to 1 million.
○ Transitional towns for emerging urban areas.
● The 15th Finance Commission has also recommended increased devolution of funds to local bodies.

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Chapter - 09
Miscellaneous Topics

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Lecture 01: Miscellaneous Topics
Cooperatives:
● The 97th Constitutional Amendment Act of 2011 introduced Part IXB of the Constitution, specifically dealing
with cooperatives, following Part IXA (Municipalities), to promote the economic development of rural areas in
India through cooperative movements.
● Features:
○ Cooperatives as a Fundamental Right: Article 19(1)(c) grants individuals the right to form cooperative
societies.
○ Cooperatives as a Directive Principle of State Policy (DPSP): Article 43B promotes the formation and
development of cooperative societies.
○ Autonomy and Democratic Management: Cooperatives are expected to function autonomously and be
managed democratically.
○ Timely Elections: Ensuring the regular and timely elections within cooperative societies for smooth
management.
○ Accountability: There is a requirement for accountability in the functioning of cooperatives to ensure
transparency and efficiency.
● Challenges/Failures of Cooperatives in India:
○ Lack of Autonomy: Political interference and control have hindered the independent functioning of
cooperatives.
○ Political Interference: The excessive involvement of political entities has undermined the cooperative's
true purpose and autonomy.
○ Financial Challenges: Cooperatives face financial difficulties as they often do not have access to
institutional bank credit.
○ Over-dependence on Government Subsidies: Many cooperatives rely heavily on government subsidies,
which limits their self-sustainability.
● Solutions:
○ In 2021, the Supreme Court of India, in the Rajendra Shah case, ruled that certain provisions of Part IXB
were unconstitutional, as they encroached upon the domain of the State List under Entry 32, thereby
infringing on the autonomy of state legislatures in managing cooperatives.
Citizenship:
● A citizen is an active member of a political community, and this membership guarantees specific rights and duties
to the individual.
Types of Citizenship:
● Jus Soli (Right of the Soil): This principle, based on the idea of "Son of the Soil," grants citizenship to an individual
born within the territory of a country, irrespective of their parent's nationality.
● Jus Sanguinis (Right of Blood): This principle confers citizenship based on the nationality or identity of an
individual's parents. It emphasizes "Blood Relationship" as the determining factor for citizenship.

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Benefits of Citizenship:
● Fundamental Rights: Citizens have access to all fundamental rights, ensuring personal freedoms and protections
under the law.
● Right to Vote: Citizenship grants individuals the right to participate in the political process by voting in elections.
● Civil and Statutory Rights: Citizens enjoy various other rights, including employment opportunities and other
civil benefits that are available by law.
Provisions on Citizenship under the Indian Constitution:
Article 5:
● It grants Indian citizenship to a person born in the territory of India.
● Citizenship is also granted if either parent was born in India or if the person has been residing in India for at least
five years before the commencement of the Constitution.
Article 6:
● Any person who migrated to India from Pakistan before 19th July 1948 and has been ordinarily resident in the
territory of India since the date of his migration.
● If a person has migrated after 19th July 1948, he has been registered as a citizen of India by an officer appointed
in that behalf by the Government of the Dominion of India. No person shall be so registered unless he has been
resident in the territory of India for at least six months immediately prece ding the date of his application
Article 7:
● It covers people who migrated to Pakistan in 1947 but returned to India after 19th July 1948.
Article 8:
● A person whose parents or grandparents were born in undivided India and who is residing outside India can acquire
Indian citizenship.
● Such individuals must register with Indian diplomatic or consular offices to seek citizenship.
Article 9:
● A person who voluntarily gives up Indian citizenship by acquiring the citizenship of another country loses their
Indian citizenship.
● Section 9(2) of the Citizenship Act, 1955, applies to such cases.
Article 11:
● It empowers Parliament to regulate citizenship by law.
● For example, the Citizenship Act of 1955 was enacted to define and regulate various aspects of Indian citizenship.
Dual Citizenship:
● India does not allow dual citizenship.
● In contrast, countries like the United States permit dual citizenship.
Citizenship Act 1955:
● It talks about seven kinds of citizenship by:
○ Birth

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○ Descent
○ Registration
○ Marriage
○ Naturalization
○ Incorporation of foreign territory
○ Citizenship Amendment Act
By Birth:
● A person born between 26th January 1950 and 1st July 1987 is an Indian citizen, regardless of the nationality of
their parents.
● A person born between 1st July 1987 and 2nd December 2004 is an Indian citizen only if at least one of their
parents was an Indian citizen at the time of birth.
● A person born on or after 3rd December 2004 is an Indian citizen only if at least one parent is an Indian citizen
and the other parent is not an illegal migrant.
By Descent:
● A person born outside India to an Indian parent can acquire citizenship if the birth is registered with Indian
authorities within one year of birth.
By Registration:
● Citizenship can be acquired by registration under the following conditions:
○ The person has lived in India for seven years and is of Indian origin.
○ The person is married to an Indian citizen and has lived in India for seven years.
○ Minor children born outside India to Indian parents.
○ A Person of Indian Origin (PIO) ordinarily resident in any country can apply for registration.
○ A foreign citizen whose parents acquired Indian citizenship through registration.
○ An Overseas Citizen of India (OCI) cardholder who has lived in India for five years and continuously
for twelve months before applying.
By Naturalization:
● A person can acquire citizenship if they have been an ordinary resident in India for fourteen years.
● Out of these fourteen years, they must have lived in India for eleven years and continuously for the last twelve
months before the application.
● Conditions for Naturalization:
○ The person must be of sound mind.
○ They should show allegiance to the Indian Constitution.
○ They should know at least one language from the Eighth Schedule of the Constitution.
○ They must not be an illegal migrant.
○ They must not hold citizenship of another country, as India does not permit dual citizenship.
○ The government can waive certain conditions for individuals from distinguished fields.

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By Incorporation of Territory:
● If a foreign territory becomes part of India, the government can declare individuals residing in that territory as
Indian citizens from a specified date.
● Examples include the incorporation of Sikkim, Puducherry, and Goa.
Loss of Citizenship:
● By Renunciation: Any person who is above eighteen years can give up his citizenship.
● By Termination: An Indian citizen who acquires the citizenship of any other nation without informing the
Indian government.
● By Deprivation: If the citizenship is acquired by fraud or the citizen has shown disloyalty to the Indian constitution,
or has traded any important information with an enemy nation.
○ Any citizen after acquiring citizenship (registration/ naturalization) gets a jail term (2 years) within five
years of citizenship.
○ If the citizen is not living in India for the past seven years.
The Assam Accord:
● During the Assam crisis of 1966, a significant number of people migrated illegally from East Pakistan to Assam.
● The Assam Accord was signed between Rajiv Gandhi and representatives of Assam to address the issue.
○ Section 6A of the Constitution (Amendment) Act, 1955 deals with the citizenship of Assamese people.
○ Those who entered Assam before 1st January 1966 are recognized as Indian citizens.
○ People who entered Assam between 1st January 1966 and 25th March 1971 (during Operation
Searchlight) are citizens of India but were deprived of voting rights for ten years.
○ Individuals who entered after 25th March 1971 are considered illegal migrants and may be subject to
Search and Deport by the NRC (National Register of Citizens).
National Register of Citizens (NRC) (Assam):
● The NRC is a document listing the names of Indian citizens to identify illegal migrants, initially created in 1951 as
part of a pan-India exercise.
● The Supreme Court initiated the NRC process for Assam in 2013, and the final list was published in 2019.
Foreign Tribunal Order (1964):
● The Foreign Tribunal was established to handle disputes related to illegal migration.
● This tribunal has the authority to declare someone a foreigner or a citizen, and if it orders deportation, the migrant
must be sent back.
Non-Resident Indian (NRI):
● An NRI is an Indian citizen with an Indian passport who resides outside India due to various circumstances.
● Section 6 of the Income Tax Act, 1961 defines an NRI as someone who has not been in India for more than 182
days in a financial year, 365 days in the past four years, or 60 days in a particular year.
● NRIs enjoy the same benefits as ordinary citizens of India and do not require a visa to enter India.
Person of Indian Origin (PIO):
● PIO status is granted to individuals whose ancestors were Indian citizens but who now hold non -Indian passports.

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● This status was created based on the recommendations of the Singhvi Panel.
● A PIO is not considered an Indian citizen.
● In 2015, the PIO and OCI (Overseas Citizen of India) cards were merged into a single category.
Overseas Citizens of India (OCI):
● OCI status allows for visa-free travel and exemptions for business, education, and investment activities in India.
● Eligibility for OCI:
○ Must be at least 18 years old.
○ Must have been an Indian citizen at any point in time.
● OCI holders cannot:
○ Become the President or Vice President of India.
○ Serve as a judge in the Supreme Court or High Court.
○ Serve as a government servant (e.g., in UPSC or other government roles).
○ The spouse of an OCI holder is also eligible for OCI status.
○ If a spouse or child holds an Indian passport, they continue to enjoy the same rights as an Indian citizen.
Inner Line Permit (ILP):
● The ILP system was introduced by the British in 1873 under the Bengal Eastern Frontier Regulation Act to
protect their business interests, particularly in the tea and ivory trade.
● The Government of India continued this system to protect the states of Nagaland, Arunachal Pradesh, Mizoram,
and Manipur.
● Indian citizens cannot visit these states without obtaining an ILP.
Protected Area Permit (PAP):
● The Protected Area Permit (PAP) is a permit that restricts foreigners from visiting certain areas in India, including
parts of Himachal Pradesh, Jammu, Rajasthan, Uttarakhand, and Sikkim, as well as parts of the Northeastern
states.

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Lecture 02: Elections
National Population Register (NPR):
• A register of citizens and non-citizens living in India (except NRIs).
• First time done in 2010, updated in 2015.
• This exercise is still in process.
Citizenship Amendment Act (CAA) 2019:
Key provisions of this Act:
• All persons coming to India from Pakistan, Bangladesh and Afghanistan will be eligible for citizenship through
Naturalization if they are Hindus, Sikhs, Parsis, Buddhists, Jains and Christians and entered India on or
before 31st December, 2014.
• For these communities, naturalization criteria was relaxed to five years.
Issues with CAA 2019:
• Against the Idea of Equality: It has been argued that the CAA 2019 is violative of the fundamental rights
guaranteed under Article 14 of the Indian Constitution. This was also seen by many as a violation of the secular
principles of the Indian Constitution, which guarantees equal rights to all citizens regardless of their religion.
• No Provisions for Other Communities: The CAA 2019 provides no such provisions for other persecuted
communities like Jews, Ahmadis, Sri Lankan Tamils, Tibetians, etc.
• Violation of Assam Accord: The CAA 2019 has been challenged in the Supreme Court of India on the grounds
that it violates the Assam Accord.

Assam Accord:
• The Assam Accord was signed in 1985 between the Government of India and the All Assam Students Union
(AASU) to resolve the issue of illegal immigration from Bangladesh into Assam.
• The Accord provides for the detection and deportation of all illegal immigrants from Assam who entered India
after March 25, 1971.

Issues with 6A of CAA 1955:

• Deportation after fifty years is not practical.
• It infringes the idea of equality under Article 14.
• It also denies voting rights.
Amendment Procedure (Article 368):
• The idea of amendment was introduced to ensure that the constitution should adapt to the changing needs of
society.
• To adapt the idea of living trees, the concept of amendment was introduced.
• Only Parliament has power to amend the constitution.

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Procedure of Amendment:
• Any Minister or private member can introduce an amendment bill in any house.
• It does not require the President's sanction.
• The bill must be passed by a special majority (total membership of house and two-third present and voting.)
• In certain cases which affect federal structure, special majority and ratification of half of the States is required.
Amendment for the following Cases requires State’s Ratification:
• President Election: Article 54, 55, 73
• Executive power of State: Article 162
• High Courts of UTs: Article 241.
• Schedule VII
• Representation of States in Parliament
• Amending Article 368
• High Court, Supreme Court, Panchayats, Cooperatives.

Constitutional Amendment:
• It has to be done through special majority (majority + 2/3rd present and voting).
• It can be done through special majority + State ratification (at least 50% of the States).
• It can be introduced in any house of the Parliament (only Parliament can do this, not the State Legislature).
• No prior recommendation of the President is required.
• No joint sitting allowed (because it needs to be passed through 2/3rd majority, whereas in joint sitting special
majority is hard to achieve).
• The President has to sign the Constitution Amendment Bill.
• The President has to assent to it (i.e. no veto is allowed).

Special Majority Cases Special + State Ratification Simple Majority Cases

• Fundamental rights • Federal setup • Citizenship

• DPSP • Above mentioned points + Article 368 • Article 1 to 4
• Elections
• Quorum
• Number of judges
• UTs

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Mains Practice Questions:
Q. The Amendment procedure under Article 368 is both rigid and flexible. Discuss with the help of examples.

Special Provisions of Temporary in Nature:

• It reflects the forms of Asymmetrical Federalism.
• It is divided into two parts:
o Article 370 (for Jammu and Kashmir)
o Article 371 to 371 J (for other States): These Articles have been provided with some special benefits
pertaining to governance, political and social set up to certain States.
Article 370:
• This Article used to empower the State of Jammu and Kashmir to run:
o Power to run your own State.
o Power to have their own constitution.
o Power to make their own laws (penal code)
o Police managed by their own

Article 35A:
• Article 35A was a provision in the Constitution of India that granted certain special rights and privileges to
the permanent residents of Jammu and Kashmir (J&K).
• It was added to the Constitution through a Presidential Order in 1954, following the provisions of Article 370,
which granted a special autonomous status to the state of Jammu and Kashmir.
• Article 35A allowed the Jammu and Kashmir state legislature to define the state's "permanent residents" and
provide them with certain rights and privileges. These rights included:
o Ownership of immovable property: Only permanent residents were allowed to acquire and own
immovable property in the state. This provision prevented individuals from outside Jammu and Kashmir
from purchasing land or property in the state.
o Employment: Permanent residents were given special privileges in matters of public sector jobs,
scholarships, and educational institutions funded by the state government. Non-permanent residents were
not entitled to these benefits.
o Residency and settlement: Permanent residents had exclusive rights to settle and reside in the state.
Non-permanent residents did not have the same rights to settle or purchase property in Jammu and
Kashmir
• In August 2019, the Government of India, through a presidential order, revoked Article 35A along with Article
370, thereby ending the special autonomous status of Jammu and Kashmir.
• No law of the Parliament will be implemented in Jammu and Kashmir, unless the State asks so.
• Union List which has subjects of Defence, External Affairs and Communication will be guided by the Union of
India (rest subjects can be guided by the State).

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Article 371 (371A to 371I):
• Article 371 and its various sub-sections (371A to 371J) are special provisions in the Indian Constitution that
provide certain rights and safeguards to different regions and states.
• These provisions aim to protect the cultural, social, and economic interests of these regions, allowing them to have
separate laws, governance structures, and administrative powers.
o Article 371: Special provision with respect to the States of Maharashtra and Gujarat.
o Article 371A. Special provision with respect to the State of Nagaland.
o Article 371B: Special provision with respect to the State of Assam.
o Article 371C: Special provision with respect to the State of Manipur.
o Article 371D: Special provisions with respect to the State of Andhra Pradesh or the State of Telangana.
o Article 371E: Establishment of Central University in Andhra Pradesh.
o Article 371F: Special provisions with respect to the State of Sikkim.
o Article 371G: Special provision with respect to the State of Mizoram.
o Article 371H: Special provision with respect to the State of Arunachal Pradesh.
o Article 371I: Special provision with respect to the State of Goa.
o Article 371J: Special provisions with respect to the State of Karnataka.
Schedules of Indian Constitution:

Schedules Provisions

Schedule I It deals with the provisions of States and Union Territories.

Schedule II It deals with the provisions of salaries of President, Governor, Speaker, Deputy Speaker,
Chairman, Deputy Chairman, Supreme Court-High Court Judge, Comptroller and Auditor
General.

Schedule III It deals with the provisions pertaining to Oath and affirmation: oath of office and secrecy of ministers,
Member of Parliament (LS and RS), Chief justice (similarly in states).

Schedule IV It deals with the allocation of seats in Rajya Sabha.

Schedule V It deals with the provision for the administration and control of Scheduled areas and scheduled
tribes residing in any State other than the States of Assam, Meghalaya, Tripura and Mizoram.
(already covered).

Schedule VI It deals with the provisions for the administration of the tribal areas in the State of Assam,
Meghalaya, Tripura and Mizoram (already covered).

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Schedule VII It deals with three legislative lists: Union, State and Concurrent.

Schedule VIII The idea of Schedule VIII languages was to ensure the protection and promotion of certain
languages which need protection (22 Languages).

Schedule IX It provides for the validation of certain land reforms laws.

Schedule X It deals with the provisions as to disqualification of MP/MLA on the basis of anti-defection law.

Schedule XI It deals with the powers, authority and responsibilities of Panchayats.

Schedule XII It deals with the powers, authority and responsibilities of Municipalities, etc.

Article 343: Official Language

• Gandhiji was of the view that “Bina rashtra bhasha ke rashtra gunga hai”.
• English remains a bridge between non hindi and hindi speakers.
• Because of the vast linguistic diversity in the country, we cannot have a single official language. So we thought
of adopting the idea of a three language formula.
• Hindi of Devnagri script along with English will be our language of use.
• The President can authorize the use of Hindi language in addition to English language.
Article 344:
• It talks about whether the President shall constitute a commission and committee of Parliament on official
language.
Elections:
• In the Democratic setup Elections are the most important provisions to ensure the effective working of institutions.
• According to the Representation of People Act of 1950, the electoral votes were created to choose representatives
from various constituencies to elect the representatives who are having the power to make the government and
successfully run the administration.
Constitutional Provisions:
• Article 324 of the constitution talks about independent and autonomous bodies called Election Commissions.
• The duty of the Election Commission is to conduct free and fair elections.
• Compositions:
o This commission should consist of Chief Election Commissioners and other Election Commissioners as
fixed by the President (Parliament by law).
o Up till 1989 Election Commission was a single member body, later it was converted into a multi
member body.
• Debate of Constituent Assembly:
o The Assembly was confused between an ad hoc and permanent body having its own staff, but later on
they decided that the Commission can be permanent in nature without any administrative staff.

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• Appointment:
o Recently, the Supreme Court has held that appointment of Chief Election Commissioner and other
Commissioners shall be done by the President on advice of a High Power Committee consisting of the
Prime Minister, Leader of largest opposition parties and another executive member appointed by
Prime minister (this was done through Chief election commission Act, 2023 in response to Anoop barnwal
case).
o The advice of the High Power Committee is binding.
• The Chief Election Commissioner does not enjoy superiority, the decisions of the election commission are taken
on majority principles (all have equal power).
• Removal:
o They can be removed like a judge of the Supreme Court.
• Role and Functions of Election Commission:
o The Election Commission conducts elections for President, Vice President, Parliament, State
Legislatures.
o Also prepares Electoral rolls for every Constituency.
• The tenure of the Chief election Commissioner is six years or 65 years, whichever is earlier.
• They are treated at par with the Supreme Court Judge with regard to salaries.
• They can resign before their tenure as well.
Functions of Election Commission
• Administrative:
o Delimitation: Determine the territorial constituencies throughout the country based on the Delimitation
Commission Act of Parliament.
o Electoral Rolls: Prepare and periodically revise the electoral rolls of all eligible voters.
o Conduct of Elections: Notify the dates and schedules of elections and scrutinise nomination papers.
o Registration of Political Parties: The Registration of political parties and granting them national or state
party status and allot election symbols to them.
o Code of Conduct: To be observed by the parties & candidates at the time of elections.
• Advisory: Advise the president and governor on matters relating to the disqualifications of the members of
Parliament and State Legislature respectively.
• Quasi-Judicial: It acts as a court for settling disputes related to granting of recognition to political parties and
allotment of election symbols to them.

NOTE: All political parties are registered parties but not recognised Parties.

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Representation of Peoples’ Act, 1950 (RPA, 1950):
• The Representation of Peoples' Act, 1950 was enacted by the provisional Parliament of India before the first
General elections in the country under Article 327 of the Constitution.
• It provides for allocation of seats and the delimitation of constituencies for the purpose of Lok Sabha and State
Legislature elections.
• The qualifications of voters, electoral rolls, filling up seats in Rajya Sabha by the representatives of Union
Territories.
• Representation of Peoples Act 1950 (RPA Act 1950) provides for the following:
o Qualification of voters.
o Preparation of electoral rolls.
o Delimitation of constituencies.
o Allocation of seats in the Parliament and state legislatures.
o It mentions the tenure of Rajya Sabha shall be six years. (It was not mentioned in the Constitution)
o NOTE: Constitution of India mentioned that every 2 years, 1/3 rd member will retire.
Representation of Peoples’ Act, 1951 (RPA, 1951):
• The Representation of Peoples' Act, 1951 provides for the actual conduct of elections of the Houses of the
Parliament and to the House or Houses of the Legislature of each State.
• Key Features of the Act includes:
o It regulates the actual conduct of elections and by-elections.
o It provides administrative machinery for conducting elections.
o It deals with the registration of political parties.
o It specifies the qualifications and/disqualifications for membership of the Houses on certain grounds.
o It provides provisions to curb corrupt practices and other offences (Section 123).
o It lays down the procedure for settling doubts and disputes arising out of elections.

Registration of Political Parties:

• Eligibility of Forming a Party:
o Person has to be a citizen of India..
o The support of a hundred electorates.
o It should be only for contesting elections.
o The Election Commission has provided that any party seeking registration has to submit an application to
the Commission within a period of 30 days following the date of its formation.
o After the Election Commission accepts the application the status becomes Registered (Non-recognised
Political Party).

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• Contesting Elections:
o Election symbol (Reservation and allotment) Order, 1968 provides a pool of free symbols to be used
in Election, and a party can choose any one of them.
• Symbols:
o The symbols are divided into two parts:
▪ Free symbols: A pool of symbols that is not belonging to any party and allotted an Election
basis. Free symbols are for non recognised political parties.
▪ Reserved Symbols: Reserved Symbols are allotted to recognised parties (both National and
State).
o The symbol of National parties can not be used by any other party in the country , now the election
commission does not allow the state party symbols also to be used in the election by any one else.

How does Parties get the Recognition Status:

• State Political Party (Recognition):
o There should be two seats and 6 % vote in the Assembly election.
o One seat and 6 % vote in the Lok Sabha election.
o The Party has to win 3 % of total assembly seats or three seats whichever is more.

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o The Party has to win one in every 25 Lok Sabha seats of States.
o An 8% state-wide vote share in either the last Lok Sabha or the last Assembly polls.
o The Election commission of India has declared that currently we have 54 state recognised parties. For
example CPI, AIADMK and there are more than 2500 unrecognized parties.

NOTE: Any one condition has to be fulfilled and hence, the party becomes state recognised parties.

• National Political Party (Recognition):

o 6% valid votes polled in any four or more states at a general election to the Lok Sabha or to the State
legislative assembly; and, in addition, it wins four seats in the Lok Sabha from any state or states.
o 2% of all Lok Sabha seats in the last such election, with MPs elected from at least three states.
o Recognition as a state party in at least four states.
o Recently, the Election commission has derecognised NCP, TMC, and CPI, while AAP and NPP got the
recognition of National Political Party.
▪ The NPP got the status of national party in 2019, after it was recognised as a state party in four
states - Arunachal Pradesh, Manipur, Nagaland and Meghalaya.
National Party State Party
6% valid votes in Lok Sabha or Legislative Assembly 6% valid votes in Legislative Assembly elections in state + 2
election in 4 or more states + 4 Lok Sabha seats. Assembly seats.

6% valid votes in Lok Sabha elections in state + 1 Lok Sabha

seat.

2% Lok Sabha seats from 3 states 3% or 3 Legislative Assembly seats, whichever is more.

1/25 Lok Sabha seats

State party in 4 states 8% valid votes in Lok Sabha or Legislative Assembly elections
in a state.

NOTE: The Election Commission can derecognize a National Party as the State Party. The Election Commission can
de-recognise but they can not de-registered.

Association of Democratic Reform (ADR) Reports:

• Recently, the survey has been published by Association of Democratic Reform (ADR) which is saying that 97.5
% political parties are unrecognized in nature.
• These unrecognized political parties are usually used for money laundering and proxy elections.
• Only 3 % of these parties have published their contribution report.
• Hence there has been a long demand to give the powers to the Election Commission to de-register such political
parties.

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Benefits of the Recognised Parties:
• Exemptions from Proposers: Candidates of recognised political parties do not require subscription from ten
proposers at the time of filing of nomination.
• Reserved Symbols: Candidates of registered recognised political parties get reserved symbols.
• Adjournment of Polls: On the death of a candidate of registered recognised political parties, the returning officer
adjourns the polls to a later date.
• Allocation of Equitable Share of Time: On the basis of past performance, registered recognised political parties
get broadcast/telecast facilities over Akashvani/ Doordarshan during general elections.
• Travel Expenses of Star Campaigners: The travel expenses of star campaigners are not accounted for in the
election expense accounts of candidates of their party.
• Free Electoral Rolls: Free supply of copies of electoral rolls to the candidates of recognised political parties.
Star Campaigners:
• Star campaigners is a celebrity vote seeker (anyone).
• No eligibility of star campaigners and regulated by model code of conduct.
• National party can declare 40 star campaigners and the state party can declare 20 star campaigners in the
elections.
• The expenditure of the star campaigners is not added in candidates election expenditure (roughly 70 lakhs).
• In case the Prime Minister or Former Prime Minister is a star campaigner, then his security expenditure will
be borne by the Government.
• For other star campaigners political parties have to bear the expenses.
Types of Votes:
• General Votes: It basically means Voting in Person by pressing the EVM.
• Postal Ballot: Postal ballots are given to usually service voters like members of Armed Forces, CAPF and
government Servants posted abroad. Recently, it was allowed for voters of eighty or above age and people in
preventive detention.
o Mode of Voting (Postal Ballot):
▪ It is called an electronically transmitted postal ballot system. It is distributed electronically
through the Election commission website, the voter takes the printout and sends the ballot to the
returning officer by post.
▪ During the Covid-19 pandemic during Delhi elections this facility was also given to the people
having age more than 65 years and covid patients.
NRI Voting:
• Recently the government has declared in the Supreme Court that they are considering an option to give votes to
NRIs.
• Currently, the Election Commission allows overseas voters to vote in person.
• He has two ways of voting:

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o Postal ballots
o Proxy Voting (Some other person noting on their behalf).
• As of now both options are being explored by the Election commission of India.
• The Supreme Court in the Nagendra Chimban case has ruled that E-postal ballots could be given to NRIs.
• In 2017, the Parliament introduced a law to allow NRIs to vote through Proxies according to Election Rules.
• RPA, 1951: As per section 20A, it mandates that a person or Voter has to vote in person.
• In 2017 a law of parliament proposed a proxy system for NRIs, but the bill lapsed in 2019.
• As of now NRIs do not have any right to vote from abroad.
• Disqualification under RPA: The disqualification is divided in two scenario:
o Constitutional disqualification (Article 102/Article 191)
o Statutory disqualification, Section - 8 (RPA)
• The Disqualification of conviction for certain offenses.
• Section 8:
o A person, if guilty by a court under offenses which have punishment for more than two years.
o Disqualification for other offenses like Narcotics, foreign exchange, Terrorist activities, insult to
National Honors Act, corruption act, practicing untouchability.
o The disqualification results in removing the member from his/her seat.
o The Supreme Court in the Lily Thomas case has held that the disqualification should be done on
immediate basis, not after three months.
o Certain offenses like Food adulteration, in which the disqualification is done even for a minimum sentence
of six months.
o Section 123 in Abhiram Singh Case, Supreme Court also held that religious enmity is also a ground for
disqualification.
Section 123 of RPA 1951: Corrupt Practices
• Section 123(a) of RPA, 1951 talks about an electoral candidate who has committed corrupt practices like
bribery, religious animity, a new influence or false information.
• The Supreme Court in Abhiram Singh vs CD Case 2017 has held that if votes are sought on the grounds of
religion by the candidate himself or his accomplice, it amounts to corrupt practices under Section 123.
• The Supreme Court in Balaji Case 2013/2022 has held that promises of freebies cannot be considered as corrupt
practices under Section 123 of RPA 1951 (this matter is still pending in the court).
• When a candidate is disqualified in the above circumstances, he cannot contest for six years.
One Nation, One Election:
• The idea of One Nation, One Election means having Lok Sabha and Legislative Assembly elections on the
same day.
• This phenomenon was in practice till 1967.

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Arguments In Favour: Arguments Against:

• It will curb unnecessary election expenditure. • It is against the spirit of federalism.

• NITI Aayog has pointed out that this will help • Practical difficulties like if assembly is dissolved in
in removing policy paralysis due to the mid term, then it has to wait for the remaining term
Model Code of Conduct. for re-elections.
• Social harmony is maintained in the country. • It reduces the accountability of political parties.
• Saving human resources. • Even if the Model Code of Conduct is applied,
• Countries like South Africa and Sweden important schemes/policies can be introduced by
follow this idea. the approval of the Election Commission.

Solution:
• The Law Commission has suggested that in case of midterm elections, the new assembly should remain only
for the remainder term.
• The Commission has also suggested that the PM/CM should also be elected by the Assembly/Lok Sabha to
ensure stability of the house.
Way Forward:
• The idea of One Nation, One Election is not the panacea of election issues. Hence, we should better focus upon
other reforms.
Electronic Voting Machine (EVMs):
• A device consisting of a control unit with a polling officer and balloting unit in the voting compartment, where
the voter casts its vote.
• It is manufactured by Bharat Electronics Limited and Electronics Corporation of India Limited.
Issues With EVM:
• Mistrust: One of the major concerns is the mistrust associated with EVMs. Some critics argue that EVMs can
be tampered with or manipulated, leading to doubts about the integrity of the electoral process. These
concerns often arise due to a lack of transparency in the functioning and programming of the machines.
• Malfunctioning: EVMs are electronic devices and, like any technology, they can experience technical glitches or
malfunctions. Critics point out that these malfunctions could potentially lead to erroneous vote counts or
disruptions in the voting process, thereby affecting the accuracy and fairness of the elections.
• Issues with Transportation and Storing: EVMs need to be transported to and from polling stations, and they also
need to be stored securely before and after elections. Critics argue that the transportation and storage processes
can be vulnerable to tampering or theft, potentially compromising the integrity of the voting machines and the
election results.
Features of EVM:
• Standalone Machine: An Electronic Voting Machine (EVM) is a standalone machine that is not connected to
the internet. This ensures the security and integrity of the voting process by eliminating the possibility of
external tampering or hacking.

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• Time stamping of votes: Time stamping of votes is a feature of EVMs where each vote cast is recorded with a
timestamp. This helps in maintaining a chronological order of votes and provides an audit trail for verification
purposes.
• Sealed Cover to Transport it: To ensure the security of the EVM and the confidentiality of the votes, a sealed
cover is used to transport it. The sealed cover prevents unauthorized access to the machine and protects the
integrity of the voting process during transportation.
• A programmable IC chip: EVMs are equipped with a programmable Integrated Circuit (IC) chip. This chip stores
the software program that controls the functioning of the EVM. The program defines the ballot layout, candidate
information, and vote counting mechanism. The programmable nature of the IC chip allows for flexibility in
accommodating different election scenarios and configurations.
• Self diagnostic shutdown in case of tampering: EVMs are designed with self-diagnostic capabilities. In case of
any tampering attempt or malfunction, the machine automatically detects the irregularity and initiates a
shutdown. This ensures that any tampered EVMs are immediately identified, preventing fraudulent activities and
maintaining the accuracy and transparency of the electoral process.
Voter Verifiable Paper Audit Trail (VVPAT):
• VVPAT is a machine used to print the vote.
• The printed paper slip consists of the name of the candidate, serial number and symbol of party.
• The paper trail is visible for only 7 seconds, and the voter cannot take it away with them.
• The undeliverable ink is made up of silver nitrate which takes months to fade away once marked upon the finger.
• The Supreme Court ordered that five EVMs from every constituency should be randomly counted (2019
judgment).
• Recently, various experts have suggested that the issue of EVMs should be resolved by all political parties so
that the trust of voters remains intact.
Advantages of EVM:
• Time Saving: EVMs are designed to expedite the voting process. They eliminate the need for manual counting
of ballots, which can be a time-consuming task. With EVMs, the process of casting and counting votes is
automated, saving significant time for both voters and election officials.
• Transparent Elections: EVMs contribute to the transparency of elections. The machines are designed to
provide a clear and accurate representation of the votes cast by the electorate. The electronic nature of the
system reduces the chances of errors in vote counting and minimizes the potential for tampering or manipulation.
• No Hassle of Manual Counting: EVMs eliminate the need for manual counting of paper ballots, which can
be a complex and labor-intensive process. By automating the counting procedure, EVMs streamline the overall
election process, reducing the burden on election officials and minimizing the chances of human errors during
manual counting.
• Safe from Booth Capturing and Stealing of Ballot Boxes: One of the significant advantages of EVMs is that they
reduce the vulnerability to booth capturing and theft of ballot boxes. With traditional systems, there is a risk of
unauthorized individuals or groups forcefully taking control of polling stations and manipulating the voting process.
EVMs mitigate this risk as they are securely stored and tamper-resistant, making it difficult to manipulate or steal
votes.

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• Safeguards like Vote Totalizer Machines: Vote totalizer machines are often used in conjunction with EVMs.
These machines are designed to aggregate and consolidate the votes from multiple EVMs, ensuring accuracy
and integrity in the final vote count. The use of vote totalizer machines adds an additional layer of security and
safeguards against any potential manipulation by politicians or other actors.
None Of The Above (NOTA):
• The Supreme Court has recently asked the Center to reorganize the elections if NOTA votes are highest.
• NOTA means where the voter has an option to reject all the candidates. This is equivalent to the right to reject.
• Maharashtra State Election Commission has ordered that in case NOTA wins then fresh election should be
announced.
Arguments in Favour of NOTA:
• Sustainable Democracy: NOTA ensures sustainable democracy by providing a means for voters to express
their dissatisfaction with the available choices. It sends a strong message that citizens are actively engaged and
demand better options in future elections.
• Increased Voter Turnout: NOTA can potentially increase voter turnout as it motivates people who might
otherwise abstain from voting due to a lack of suitable candidates. It gives them an opportunity to participate
and register their disapproval.
• Moral Pressure on Political Parties: The presence of NOTA puts moral pressure on political parties to select
better candidates. If a significant number of voters choose NOTA, it signals to parties that their choices are
not meeting public expectations, encouraging them to reconsider and present more credible candidates.

NOTE: But this NOTA is not a rejection.

Arguments Against:
• Same Candidate can be Re-fielded: One of the criticisms against the "None of the Above" (NOTA) option is that
even if a significant number of voters choose it, there is no guarantee that the same candidate won't be re-
fielded in subsequent elections. In such a scenario, the purpose of NOTA as a tool to reject unsuitable candidates
is undermined.
• Instability in Democracy: NOTA has the potential to create instability in a democratic system. If a large number
of voters choose NOTA and the majority of candidates receive fewer votes than NOTA, it can lead to a situation
where no candidate secures a majority. This can result in a lack of clear mandates and difficulty in forming
stable governments, as coalition-building becomes more challenging.
• Financial Burden upon Election Commission: The Election Commission would need to incur expenses educating
voters about its purpose. Another issue is that if a large number of voters choose NOTA, and as a result, fresh
elections need to be conducted, it puts an additional financial burden on the Election Commission. Critics argue
that this financial strain may not be feasible in certain situations, particularly in countries with limited resources.
• Administrative Challenges for Conducting Elections: Introducing NOTA adds complexity to the electoral
process. The election authorities have to ensure that NOTA is included as an option on the ballots and
accurately count and report the NOTA votes. This can increase the administrative burden and potentially lead to
errors or delays in the election results.

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• Low Awareness among People and No Right of Rejection: In some cases, voters may not fully understand the
implications of choosing the NOTA option or may not be aware of its existence. This can limit the effectiveness
of NOTA as a means of expressing dissatisfaction with the available candidates. Additionally, even if a
significant number of voters choose NOTA, it does not provide them with the right to reject all candidates and
demand fresh elections with new candidates.
• No Electoral Value: Despite everything, NOTA has no electoral value as there is no outcome of NOTA votes
(Even if NOTA wins, NOTA doesn’t win).
Reforms Required:
• Statutory Backing: NOTA should be given a stronger legal standing by providing it with a statutory backing. This
means that the option of NOTA should be enshrined in electoral laws and recognized as a legitimate choice
that holds significance in the electoral process. This would enhance the symbolic and practical implications of
NOTA.
• Right to Rejection: The concept of the "right to rejection" could be introduced, where if a certain percentage of
voters choose NOTA (e.g., a specific threshold of votes), it would trigger a reevaluation of the candidates. This
means that if the number of NOTA votes exceeds a particular threshold, new candidates would be nominated,
and a fresh election or selection process would take place. This would address the concerns of voters who believe
that none of the available candidates are suitable choices.
Conclusion:
• Hence, we can say that NOTA should be considered as a protest vote and should be given weightage.
• NOTE: Recently, in the Karnataka election, approx. 2.5 lakh people voted for NOTA.
Model Code of Conduct (MCC):
• Everyone should follow the same rules in elections.
• These are a set of guidelines given by ECI to regulate political parties and candidates during elections.
• The Election Commission has a mandate to conduct free and fair elections (Article 324).
The Evolution:
• First time in 1960 in assembly elections of Kerala.
• Then in 1962, Lok Sabha Elections took place.
• Finally, after 1991, the Election Commission started enforcing MCC in a strict manner.
Rules:
• No misuse of religion, money, caste to win elections.
• Meetings and processions by political parties should be informed to local police.
• Compulsory silent period should be observed by political parties (48 hrs).
• Election manifestos should be in synchronization with constitutional ideas.
• No irrational promises should be made by political parties.
Enforceability of MCC:
• No statutory backing provided to MCC, only few provisions are enforceable through RPA 1951, IPC, CrPC,
etc.

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• In 2013 it was recommended to give legal backing to MCC.
• But the Election Commission has requested not to make it legally binding.
Recent Challenges:
• Use of social media has increased the breach of MCC.
• The unenforceable nature makes it burdensome on the Election Commission. Hence, it should be made
enforceable.
Way Forward:
• Hence, we can say that the idea of MCC seems to be a determining factor in ensuring free and fair elections.
So, it should be used accordingly.
Opinion poll vs Exit polls:

Opinion Polls Exit Polls

• Pre poll survey, recorded some 50-60 days before the • Here vote is recorded after being cast.
elections. • Post poll survey, after once it is casted
• Voters' view point before elections.

• Both of these polls are controversial because they tend to frame unrealistic pictures. But opinion polls are more
problematic because they try to influence the voters.
• As of now 16 European Nations have banned opinion polls.
• In India, exit polls can only be published once voting in all phases is done.
• Awareness creation in voters with regard to their candidate’s backgrounds.
• Open and transparent funding through electoral bonds.

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Lecture 03: Comparison of the Constitutions, Historical
Background & PYQ Discussion
Comparison of the Constitutions of India, the USA, the UK, and France:

Aspect India USA UK France

Introduction Adopted on 26 November Adopted on 17 No single document; Adopted on 4 October

1949, came into effect on September 1787, in based on conventions, 1958 (Fifth Republic).
26 January 1950. effect from 4 March common law, statutes.
1789.

Enactment Enacted by the Constituent Drafted by the Developed organically Drafted by Charles de
Assembly. Philadelphia over centuries. Gaulle's government
Convention. and approved by
referendum.

Mode of Adopted by the Ratified by the Developed through Adopted through a

Adoption Constituent Assembly states through a parliamentary approval referendum.
with a democratic convention. and evolution.
procedure.

Features Lengthiest, blend of Rigid, federal, Unwritten, flexible, Semi-presidential,

rigidity & flexibility, strong presidential based on conventions, unitary, separation of
federal structure with system, Bill of Parliament is supreme, powers, secularism,
unitary bias, parliamentary Rights, separation constitutional strong executive
democracy, fundamental of powers, Supreme monarchy. presidency.
rights & duties, directive Court with judicial
principles, secularism. review.

Nature Written, rigid & flexible, Written, rigid, short Unwritten, flexible, Written, semi-rigid,
detailed and and concise. evolutionary. moderately flexible.
comprehensive.

Flow of Power Federal with unitary bias Federal (Division of Unitary (Power Unitary (Power
(Centre stronger). power between concentrated in mostly centralized in
Centre & states). Parliament). the President).

Preamble Declares India as a Declares the USA No formal preamble. Declares France as a
Sovereign, Socialist, as a Sovereign, Sovereign, Secular,
Secular, Democratic Federal, Democratic Democratic, Social
Republic. Republic. Republic.

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Nature of Parliamentary democracy Presidential Parliamentary Semi-presidential
Democracy (Executive accountable to democracy democracy (Monarch is democracy (President
legislature). (Executive separate ceremonial). holds strong executive
from legislature). power).

Head of Prime Minister (Real President (Real Prime Minister (Real President (Strongest
Government power), President power, directly power), Monarch authority), Prime
(Ceremonial). elected). (Ceremonial). Minister (Government
head).

Fundamental Guaranteed & enforceable Guaranteed & No codified rights, Guaranteed under
Rights (Part III, 6 fundamental enforceable (Bill of protected by common 1789 Declaration of
rights). Rights). law & Human Rights Rights of Man and
Act, 1998. Citizen.

Executive Council of Ministers President is Prime Minister leads the President is the real
headed by the PM, independent of the government, answerable executive, PM
accountable to Parliament. legislature and has to Parliament. manages daily
executive powers. governance.

Legislative Bicameral (Lok Sabha, Bicameral (House Bicameral (House of Bicameral (National
Rajya Sabha). of Representatives, Commons, House of Assembly, Senate).
Senate). Lords).

Veto Power President has suspensive President has No real veto power President has
veto (can be overridden by absolute veto (Monarch’s assent is suspensive veto, but
Parliament). (Congress cannot ceremonial). Parliament can
override). override.

Amendment Article 368 – both rigid & Rigid (requires Flexible (Parliament can Moderately rigid
Process flexible (simple, special, & 2/3rd majority & amend easily). (Referendum &
state ratification methods). state ratification). parliamentary
approval required).

Judiciary Independent, integrated Independent, Parliament is supreme, Independent

judiciary (Supreme Court separate from courts cannot overrule judiciary,
is final interpreter). legislature & parliamentary laws. Constitutional
executive (Supreme Council reviews laws.
Court has strong
judicial review).

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Key insights:
• India and the USA have written constitutions, while the UK has an unwritten, flexible system.
• India and the UK follow a parliamentary system, whereas France has a mixed (semi-presidential) system,
and the USA follows a presidential system.
• India and France are unitary in spirit but have decentralization, while the USA is purely federal.
• Fundamental Rights are explicitly written in India, USA, and France, but in the UK, they rely on common
law & statutes.
• The amendment process is rigid in the USA, flexible in the UK, and moderately rigid in India & France.
• India and the USA have strong judicial review, while the UK follows parliamentary supremacy.

Pardoning Power:
• Constitutional Provision in the USA: According to Article II, Section 2 of the U.S. Constitution, the President
of the United States has the authority to grant pardons.
o This power extends to all federal offenses, with the sole exception of impeachment cases.
• Timing of Pardons: The President can exercise this power at any stage, meaning a pardon can be issued before
a conviction, during the trial, or even after the execution of the sentence.
• Independence from Legislative Approval: Unlike other executive actions that may require Congressional
approval, the President's pardoning power is independent and does not require the consent of Congress.
o This ensures that the President can act unilaterally in granting clemency.
• Nature of the Power: The pardon power in the United States is considered absolute, meaning there are no legal
limitations or external checks on its exercise.
o In contrast, India’s pardoning power is subject to judicial review, allowing courts to examine whether
the decision was made arbitrarily, with malafide intent, or in violation of constitutional principles.
Constitutional Posts: Appointment, Functions, and Powers:
• The Indian Constitution provides for several constitutional bodies to safeguard the rights and interests of
marginalized sections of society.
• Some of the key commissions established under Articles 338, 338A, and 338B include the National Commission
for Scheduled Castes (NCSC), National Commission for Scheduled Tribes (NCST), and National Commission for
Backward Classes (NCBC).
Constitutional Provisions for Special Commissions:
(i) National Commission for Scheduled Castes (NCSC) – Article 338
• Established to safeguard the rights of Scheduled Castes (SCs).
• Initially part of a joint commission for SCs and STs, later separated in 2003.
(ii) National Commission for Scheduled Tribes (NCST) – Article 338A

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• Created through the 89th Constitutional Amendment Act (2003).
• Functions separate from NCSC to focus exclusively on Scheduled Tribes (STs).
(iii) National Commission for Backward Classes (NCBC) – Article 338B
• Granted constitutional status through the 102nd Constitutional Amendment Act (2018).
• Works to protect and uplift Other Backward Classes (OBCs).
Composition and Appointment:
• Each commission consists of five members:
o Chairman
o Vice-Chairman
o Three Members
• Appointed by the President of India.
Functions and Powers of NCSC, NCST, and NCBC:
• Investigation and Monitoring: Examine and oversee matters concerning constitutional and legal safeguards for
SCs, STs, and OBCs.
o Ensure that these safeguards are effectively implemented.
• Inquiry into Complaints:
o Investigate specific complaints related to deprivation of rights and discrimination against SCs, STs, and
OBCs.
• Advisory Role in Socio-Economic Development: Provide policy advice and recommendations to the Union and
State governments on socio-economic development programs.

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o Monitor the progress of these programs and assess their impact.
• Annual Reports to the President: Submit detailed annual reports to the President regarding the status and
functioning of safeguards meant for SCs, STs, and OBCs.
• Recommendation of Measures: Suggest policies for enhanced protection, welfare, and socio-economic
development of marginalized groups.
o Recommend legislative and administrative measures for more effective implementation of protections.
• Online Complaints Mechanism: The National Commission for Scheduled Castes (NCSC) has introduced an
online portal for registering complaints related to atrocities against SCs.
o This aims to ensure faster grievance redressal.
Specific Functions of NCST:

Function Description

Ownership Rights Conferring ownership rights of minor forest produce to Scheduled Tribes (STs) living in
forest areas.

Resource Protection Safeguarding the rights of tribal communities over mineral resources, water resources, etc.,
as per legal provisions.

Tribal Development Implementing measures for the development of tribals and ensuring viable livelihood
strategies.

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Rehabilitation Enhancing the efficacy of rehabilitation measures for tribals displaced due to development
projects.

Forest Protection & Encouraging the cooperation and involvement of tribals in protecting forests and
Afforestation undertaking social afforestation.

Shifting Cultivation Implementing measures to reduce and ultimately eliminate the practice of shifting
cultivation by tribals.

Implementation of Ensuring the full implementation of the Provisions of the Panchayats (Extension to the
PESA Scheduled Areas) Act (PESA).

Limitations of These Constitutional Bodies:

• Lack of Infrastructure: Inadequate staff and limited resources hinder their effectiveness.
• Institutional Capacity and Insensitivity: Bureaucratic inefficiency and insensitivity of officials lead to delays and
poor implementation of policies.
• Non-Binding Recommendations: The commissions only provide recommendations, which are not legally binding
on the government. This limits their ability to enforce change.
• Inefficient Functioning: Lack of coordination with state governments and slow response to grievances reduce their
impact.
• Opaque Appointment Process: The selection process for members is often criticized for being vague and
politically influenced.
• Budgetary Constraints: Inadequate financial resources limit their capacity to conduct in-depth investigations and
research.
102nd Constitutional Amendment Act:
Positive Effects of Giving Constitutional Status to NCBC:
• Strengthened Authority: Granting constitutional status enhances the authority and credibility of the National
Commission for Backward Classes (NCBC).
o As the sole constitutional body for Backward Classes, it can better ensure their welfare.
• Greater Objectivity: Article 342A mandates Parliament's approval for adding or removing any community from
the Backward Class list.
o This reduces the misuse of the creamy layer by certain sections.
• Mandatory Annual Reports: The amendment places a constitutional obligation on central and state governments
to provide a valid reason if they choose not to act on NCBC’s reports.
• Grievance Redressal: NCBC has exclusive functions and is granted civil court powers, allowing it to ensure justice
for Backward Classes.
• Expanded Responsibility: NCBC’s role extends beyond reservations, focusing on holistic development and
equality in all aspects of socio-economic progress.

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Concerns That Remain:
• Non-Binding Recommendations: NCBC’s reports
are not binding, which may result in its
recommendations being given low priority, including
in budget allocations.
• Lack of Power to Define Backwardness: NCBC
cannot define backwardness or determine which
communities should be included as Backward Classes.
o This limits its ability to address demands from
various castes seeking recognition as
Backward Classes.
• Issues in Composition: The amendment does not
mandate the appointment of experts in NCBC.
o The executive has complete discretion, with no qualifications specified for members.
• No Provision for Periodic Revision of Backward Class List: Article 338B(5) is silent on how frequently the
Backward Class list should be revised in consultation with NCBC.
• Multi-Dimensional Challenges Persist:
o Simply granting constitutional status does not address deeper issues like:
▪ Skewed representation within Backward Classes.
▪ Unequal distribution of benefits among different castes.
• No Link with Article 340: Article 340, which is responsible for the welfare and protection of Backward Classes,
has not been linked with Article 338B, creating a gap in policy implementation.
Performance Assessment of NCSC and NCST:
• SRS Data: Reports indicate a more than 5% decline in Infant Mortality Rate (IMR) among Scheduled Castes (SCs)
and Scheduled Tribes (STs).
• Literacy Growth (Census 2011): Literacy rates among SCs/STs have improved, with a 9% rise among men and a
14% rise among women.
• TISS Survey Findings: Approximately 30% of the SC/ST population now has access to essential amenities,
including housing.
• Enhanced Representation: There has been a notable increase in SC/ST participation in Central and State
government services.
UPSC (Union Public Service Commission) and SPSC (State Public Service Commission):

Constitutional Provisions Related to UPSC and SPSC:

• Article 315: Establishes Public Service Commissions (PSCs) for the Union and States.
• Article 319: Prohibits post-retirement office-holding by PSC members.
• Article 320: Defines the functions of Public Service Commissions.

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• Article 321: Grants the power to extend the functions of PSCs.
• Article 322: Covers the expenses of Public Service Commissions.
• Article 323: Requires submission of reports by PSCs on their functioning.

Comparison of UPSC and SPSC:

Aspect UPSC (Union Public Service Commission) SPSC (State Public Service Commission)

Appointment Chairman and members appointed by the President Chairman and members appointed by the
of India. Governor of the State.

Strength At the discretion of the President, usually 9 to 11 At the discretion of the Governor.
members.

Qualifications No specific qualifications prescribed, but 50% of Same as UPSC – 50% of members must have at
members must have at least 10 years of experience least 10 years of experience in government
in government service (Central or State). service.

Term 6 years or until 65 years of age, whichever is earlier. 6 years or until 62 years of age, whichever is
earlier.

Removal • Can be removed by the President on grounds Can be removed by the President on the same
of insolvency, outside employment, or grounds and in the same manner as UPSC
physical/mental unfitness. members.
• In case of misbehavior, removal is done by the
President based on an inquiry by the Supreme
Court.

Functions of UPSC and SPSC:

• Watchdog of the Merit System: Conducts examinations for appointments to All India Services and Central
Services (UPSC).
o Conducts examinations for appointments to State Services (SPSC).
• Assistance in Joint Recruitment: Helps states in framing and implementing schemes for joint recruitment.
o Assists in hiring candidates with specialized qualifications required for specific services.
• Serving the Needs of a State: Provides assistance to state governments upon the Governor’s request, with
President’s approval.
• Consultation in Personnel Management: Advises on methods of recruitment, promotions, and transfers for civil
services and civil posts.
o Handles disciplinary matters concerning civil servants in the Government of India.

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o Reviews reimbursement claims for legal expenses of civil servants defending official actions.
o Regulates temporary appointments exceeding one year and regularization of such appointments.
o Grants extensions of service and re-employment for retired civil servants.
• Role in Judicial Appointments (SPSC): The State Public Service Commission (SPSC) is consulted by the
Governor while framing rules for judicial service appointments (except district judges).
Limitations of UPSC and SPSC:
1. Supreme Court Judgments on UPSC’s Role:
• Non-Binding Nature: The government is not legally bound to consult UPSC in certain matters.
• Decisions Without Consultation: If the government acts without consulting UPSC, its decision remains valid, and
the aggrieved public servant has no legal remedy in court.
• No Automatic Right to Appointment: Selection by UPSC does not guarantee a right to the post for a candidate.
2. Areas Where UPSC is Not Consulted:
• Reservation Policies: UPSC has no role in making reservations for Backward Classes in appointments.
• SC/ST Representation: It is not consulted on claims of Scheduled Castes (SCs) and Scheduled Tribes (STs) in
appointments.
• High-Ranking Appointments: UPSC is not involved in selecting:
o Chairpersons or members of commissions and tribunals.
o Top diplomatic posts.
o Most Group C and Group D service appointments.
• Temporary Appointments: No consultation is required if the appointment is for less than a year.
• Service Management: UPSC does not handle service classification, pay structures, cadre management, or training
matters.
Right to Walk Initiative in Punjab:
• Punjab: First State to Implement 'Right to Walk':Punjab has become the first state in India to enforce the 'Right
to Walk' initiative.
• Mandatory Footpaths & Cycle Tracks: The initiative mandates road-owning agencies, including the National
Highways Authority of India (NHAI), to provide footpaths and cycle tracks alongside roads.
• Focus on Pedestrian Safety: Aims to ensure safe, accessible, and pedestrian-friendly infrastructure, prioritizing
walkability and cyclist safety.
• Applicable to All Road-Owning Entities: The requirement applies to all agencies responsible for road
construction and maintenance, highlighting the importance of inclusive urban planning.
• Sustainability & Urban Development: Supports broader efforts to create a sustainable, pedestrian-friendly, and
environmentally conscious urban landscape in Punjab.
Doctrine of Promissory Estoppel:
• The Doctrine of Promissory Estoppel ensures that when a party makes a clear and lawful promise to another party,
and the latter acts in reliance on it, the promisor is bound by that promise. Retracting such a promise would violate
principles of equity and fairness.
Key Principles:
• Promise and Reliance:
o A clear and definite promise is made.
o The promisee relies on the promise in good faith.
o The promisee alters their position or suffers a disadvantage based on the assurance.

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Difference Between Parole and Furlough:

Aspect Parole Furlough

Definition A conditional release of a prisoner with A temporary release granted without a specific
suspension of sentence, requiring reason, aimed at allowing the prisoner to
compliance with certain conditions. maintain social and family ties.

Purpose Given for specific exigencies such as Granted to break the monotony of long-term
medical emergencies, family functions, or imprisonment and facilitate social
personal matters. reintegration.

Legal Basis Covered under The Prisons Act of 1894, Also covered under The Prisons Act of 1894,
with rules framed by state governments. with specific state rules governing its
implementation.

Eligibility Not available for prisoners convicted of Usually granted to long-term prisoners but is
multiple murders, terrorism-related offenses not an absolute right.
(UAPA), etc.

Nature of Right Not a right—granted on humanitarian Not an absolute right—the state can deny it in
grounds by the state government. public interest (as upheld in State of Gujarat
vs. Narayan Sai).

Authority Granting Decided by the state executive based on a Also granted by the state authorities, but with
Release report from jail authorities. greater discretion for refusal.

Duration Temporary release for a fixed period based Granted periodically during long-term
on specific needs (e.g., Rajasthan grants 20 imprisonment and is considered remission of
days initially, 30 days on second parole, and sentence.
40 days on third parole).

Conditions Requires good behavior, periodic reporting No conditions or specific reasons required;
to authorities, and can be revoked if meant solely to ensure continued social and
conditions are violated. family ties.

Examples • Sanjay Dutt was granted parole on Used to help long-term prisoners reintegrate
medical grounds. into society by maintaining family ties.
• Santosh Kumar Singh (convicted in
Priyadarshini Mattoo case) was given
three weeks' parole to write his LLM
exam.

⎊⎊⎊⎊

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