MODULE 1

Definition of constitution: A constitution is a fundamental and supreme law or set of

principles that establishes the framework for the organization and operation of a
government. It typically outlines the structure of the government, the distribution of
powers and responsibilities among different branches, and the rights and freedoms of
individuals within the jurisdiction of that government. Constitutions can take various
forms, including written documents, unwritten conventions, or a combination of both. In
summary, a constitution is a foundational document that shapes the legal and political
landscape of a nation, providing a framework for governance, protecting individual rights,
and establishing the principles that guide the nation's identity and development

KEY ELEMENTS COMMONLY FOUND IN CONSTITUTIONS

1. Preamble: A statement that often sets forth the goals and purposes of the
constitution.
2. Articles or Sections: Detailed provisions that define the structure of the government,
delineate the powers of each branch, and establish the relationship between the
government and the governed.
3. Bill of Rights: A list of fundamental rights and freedoms guaranteed to individuals,
protecting them from government intrusion or abuse.
4. Amendment Process: Procedures for making changes or additions to the
constitution to adapt to changing circumstances.
5. Distribution of Powers: Allocation of authority among different levels of
government (federal, state, local) and branches (executive, legislative, judicial).

THE SIGNIFICANCE OF A CONSTITUTION:The significance of a constitution lies

in several key aspects:
1.Rule of Law:
A constitution establishes the rule of law by setting forth the legal framework that
governs the behavior of individuals, institutions, and the government itself. It ensures that
everyone, including those in power, is subject to and accountable under the law.
2. Limitation of Government Power: Constitutions often include checks and balances that
distribute power among different branches of government, preventing any one branch
from becoming too powerful and potentially tyrannical.
3. Protection of Individual Rights: Constitutions commonly include a bill of rights that
protects the fundamental rights and freedoms of individuals, safeguarding them against
arbitrary government actions.
4.Stability and Governance: A constitution provides a stable and predictable framework
for governance. It defines the structures and procedures for making and enforcing laws,
promoting political stability and continuity.
5. Social Contract: Constitutions reflect a social contract, an implicit agreement between
the government and the governed, outlining the rights and responsibilities of each party.
6. National Identity: Constitutions often contribute to the creation of a national identity
by establishing the principles, values, and goals that are fundamental to a particular
society.
7. Flexibility and Adaptability: While constitutions are meant to provide a stable
foundation, they often include mechanisms for amendment to adapt to changing
circumstances and societal needs
THE EVOLUTION OF THE INDIAN CONSTITUTION- GOVERNMENT OF
INDIA ACT
The evolution of the Indian Constitution is a complex and historical process that involved
several key legislative and constitutional developments. Here is a brief overview of the
major milestones leading to the formation of the Indian Constitution:
1. Government of India Act 1909:
• Also known as the Morley-Minto Reforms, this act introduced limited electoral reforms
in British India.
• It increased the number of elected Indian representatives in the legislative councils.
• However, the majority of the members continued to be appointed by the British
government.
2. Government of India Act 1919:
• Also known as the Montagu-Chelmsford Reforms, this act was a response to the
demands for constitutional reforms after World War I.
• It introduced the concept of dyarchy, dividing the subjects of administration into two
categories—transferred and reserved.
• It expanded the franchise and increased the number of elected representatives.
3. Government of India Act 1935:
• This act was a comprehensive piece of legislation that significantly increased the
autonomy of the provinces.
• It introduced federalism with a strong central government and provincial autonomy.
• The act provided for the establishment of a federal court and introduced a bicameral
 federal legislature.
• However, the implementation of the Act was hampered by political differences, and it
did not come into full effect.
4. Cripps Mission (1942):
• During World War II, the Cripps Mission was sent to India with proposals for greater
self-governance.
• The proposals were not accepted by the Indian National Congress, leading to a political
deadlock.
5. Quit India Movement (1942):
• The Quit India Movement, led by Mahatma Gandhi, marked a significant turning point in
India's struggle for independence.
• The movement demanded an end to British rule in India.
6. Indian Independence Act 1947:
• As a consequence of the Quit India Movement and the changing geopolitical situation
after World War II, the British government passed the Indian Independence Act 1947.
• The act provided for the partition of British India into two independent dominions—India
and Pakistan.
• It granted powers to the Constituent Assemblies of the two dominions to frame their
respective constitutions.
• The act came into effect on August 15, 1947.
7. Constituent Assembly of India:
• The Constituent Assembly of India was established to draft a constitution for the newly
independent nation.
• Dr. B.R. Ambedkar was appointed as the chairman of the drafting committee.
• The Constituent Assembly adopted the Constitution of India on January 26, 1950,
marking the official commencement of the Republic of India. The Indian Constitution,
heavily influenced by various sources including the Government of India Acts and the
principles of justice, liberty, equality, and fraternity, has since been amended and
continues to serve as the supreme law of the land, providing the framework for India's
democratic governance.

BASIC PRINCIPLES EMBEDDED IN THE PREAMBLE OF INDIAN

CONSTITUTION
The Preamble of the Indian Constitution is a concise statement that outlines the
fundamental values, objectives, and philosophy underlying the Constitution

1. Sovereign: India is described as a sovereign nation, indicating its independence from

external control.
2. Socialist: The term "socialist" reflects the commitment to achieving social and economic
equality. It implies the goal of reducing economic disparities and promoting social
justice.
3. Secular: India is declared a secular state, affirming the principle of religious neutrality
and ensuring that the state does not favor any particular religion.
4. Democratic: The term "democratic" signifies the commitment to a form of government
where power is derived from the people through free and fair elections. It emphasizes
the importance of participatory governance.
5. Republic: India is described as a republic, indicating that the head of state is elected,
and there is no hereditary monarchy. The President of India, elected by an electoral
college, is the ceremonial head of the state.
6. Justice: The Preamble envisions justice in three dimensions—social, economic, and
political. It reflects a commitment to creating a just and fair society.
7. Liberty: The Preamble emphasizes the importance of individual liberties, including
freedom of thought, expression, belief, faith, and worship. It underscores the
importance of personal freedoms in a democratic society.
8. Equality: The principle of equality is enshrined in the Preamble, aiming to ensure
equality of status and opportunity for all citizens.
9. Fraternity: The term "fraternity" underscores the need for unity and a sense of
brotherhood among the people. It emphasizes the dignity of the individual and the unity
and integrity of the nation.

SALIENT FEATURES OF INDIAN CONSTITUTION

The Indian Constitution, adopted on January 26, 1950, is a comprehensive document that
reflects the diverse socio-cultural and political realities of India. Some of its salient features
include:
1. Preamble: • The Preamble of the Indian Constitution outlines the objectives and values that
guide the nation, including justice, liberty, equality, and fraternity.
2. Federal Structure: • India has a federal system of government that divides powers between
the central government and the states. The distribution of powers is outlined in the Seventh
Schedule of the Constitution.
3. Parliamentary System: • India follows a parliamentary system of government with a
President as the ceremonial head and a Prime Minister as the head of government. The Council
of Ministers is responsible to the Parliament.
4. Written Constitution: • The Indian Constitution is one of the lengthiest written
constitutions in the world. It provides a detailed framework for governance, defining the
structure and functions of the government.
5. Rigid and Flexible Features: • While the Constitution is largely rigid, allowing for
amendments through a special procedure, certain provisions (like those related to the
representation of states in the Rajya Sabha) can be amended by a simple majority.
6. Fundamental Rights: • The Constitution guarantees fundamental rights to Indian citizens,
including the right to equality, freedom of speech and expression, right to life and personal
liberty, and cultural and educational rights.
7. Directive Principles of State Policy: • The Directive Principles provide guidelines for the
government to achieve social and economic justice. They are not enforceable by the courts but
are fundamental to the governance of the country.
8. Secularism: • The Constitution of India declares the country to be a secular state, ensuring
the equal treatment of all religions. It prohibits discrimination on the grounds of religion.
9. Universal Adult Franchise: • The Constitution grants the right to vote to all citizens over
the age of 18, irrespective of caste, creed, gender, or education.
10. Independent Judiciary: • The judiciary in India is independent and has the power of
judicial review. The Supreme Court is the highest court of appeal.
11. Single Citizenship: • Unlike some federal systems, India follows the principle of single
citizenship. Every Indian citizen is a citizen of the country as a whole and not of any particular
state.
12. Emergency Provisions: • The Constitution provides for the proclamation of a state of
emergency during war, external aggression, or armed rebellion. During an emergency, the
normal functioning of the Constitution may be temporarily suspended.
13. Caste-based Reservations: • The Constitution allows for affirmative action in the form of
reservations for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes
(OBC) to address historical social injustices.
14. Integrated Judiciary: • The judiciary is integrated, with the Supreme Court at the top,
followed by High Courts in each state and subordinate courts at the district level.
15. Local Self-Government: • The Constitution provides for local self-government
institutions, known as Panchayats and Municipalities, to ensure grassroots democracy.

MODULE 2
Original Indian Constitution had 22 parts and 395 articles. Later 3 parts were added to it as
amendments making the tally 25.
Parts of Indian Constitution
The parts of the Indian Constitution along with Subject and Articles they cover are given
below.

Part-Subject- Articles

Part I The Union and its territory Art. 1 to 4

Part II Citizenship Art. 5 to 11
Part III Fundamental Rights Art. 12 to 35
Part IV Directive Principles Art. 36 to 51
Part IVA Fundamental Duties Art. 51A
Part V The Union Art. 52 to 151
Part VI The States Art. 152 to 237
Part VII Repealed by Const. (7th Amendment) Act, 1956
Part VIII The Union Territories Art. 239 to 242
Part IX The Panchayats Art. 243 to 243O
Part IXA The Municipalities Art. 243P to 243ZG
Part IXB Co-operative Societies Art. 243H to 243ZT
Part X The Scheduled and Tribal Areas Art. 244 to 244A
Part XI Relations between the Union and the States Art. 245 to 263
Part XII Finance, Property, Contracts and Suits Art. 264 to 300A
Part XIII Trade, Commerce and Intercourse within the Territory of India Art. 301 to
307
Part XIV Services under the Union and the States Art. 308 to 323
Part XIVA Tribunals Art. 323A to 323B
Part XV Elections Art. 324 to 329A
Part XVI Special provisions relation to certain classes Art. 330 to 342
Part XVII Official Language Art. 343 to 351
Part XVIII Emergency Provisions Art. 352 to 360
Part XIX Miscellaneous Art. 361 to 367
Part XX Amendment of the Constitution Art. 368
Part XXI Temporary, Transitional and Special Provisions Art. 369 to 392
Part XXII Short title, commencement, authoritative text in Hindi and repeals Art. 393 to
395

Various articles were also added under these 25 parts of Indian constitution as
amendments. At present, the total article count is around 450.

Schedules
Schedules are basically tables which contains additional details not mentioned in the articles.

Indian Constitution originally had eight schedules. Four more schedules were added by
different amendments, now making a total tally of twelve.

Schedules of Indian Constitution

The first schedule contains the list of states and union territories and their territories

The second schedule contains provisions of the President, Governors of States, Speaker and the
Deputy Speaker of the House of the People and the Chairman and the Deputy Chairman of the
Council of States and the Speaker and the Deputy Speaker of the Legislative Assembly and the
Chairman and the Deputy Chairman of the Legislative Council of a State, the Judges of the
Supreme Court and of the High Courts and the Comptroller and Auditor-General of India.

The third Schedule contains the Forms of Oaths or Affirmations.

The fourth Schedule contains provisions as to the allocation of seats in the Council of States.

The fifth Schedule contains provisions as to the Administration and Control of Scheduled
Areas and Scheduled Tribes.

The sixth Schedule contains provisions as to the Administration of Tribal Areas in the States of
Assam, Meghalaya, Tripura and Mizoram.

The seventh Schedule contains the Union list, State list and the concurrent list.

The eighth Schedule contains the list of recognized languages.

Ninth Schedule contains provisions as to validation of certain Acts and Regulations.

The tenth Schedule contains provisions as to disqualification on ground of defection.

The eleventh Schedule contains the powers, authority and responsibilities of Panchayats.

The twelfth Schedule contains the powers, authority and responsibilities of Municipalities.

Fundamental rights
Fundamental rights -are a set of basic human rights that are guaranteed to every citizen of a
country to ensure their dignity, freedom, and well-being. In India, fundamental rights are
enshrined in Part III (Articles 12 to 35) of the Constitution. Read here to know the articles in
detail.

The fundamental rights were included in the constitution because they were considered
essential for the development of the personality of every individual and to preserve human
dignity.

All people, irrespective of race, religion, caste, or sex, have been given the right to move the
Supreme Court and the High Courts for the enforcement of their fundamental rights. Seven
categories of Fundamental Rights are covered by Articles 12-35.

Fundamental Rights
These rights are essential for the protection of individual liberties and act as a check on the
power of the government. The Constitution of India recognizes the following fundamental
rights:

1. Right to Equality (Articles 14-18): This includes equality before the law, prohibition of
discrimination on grounds of religion, race, caste, sex, or place of birth, and equality of
opportunity in matters of public employment.
2. Right to Freedom (Articles 19-22): This encompasses the right to freedom of speech
and expression, assembly, association, movement, residence, and the right to practice
any profession, occupation, trade, or business.
3. Right against Exploitation (Articles 23-24): This includes the prohibition of forced
labor, child labor, and trafficking of human beings.
4. Right to Freedom of Religion (Articles 25-28): This guarantees the freedom to
practice, profess, and propagate any religion, subject to public order, morality, and
health.
5. Cultural and Educational Rights (Articles 29-30): These provide for the protection of
the interests of minorities in terms of culture, language, and education.
6. Right to Constitutional Remedies (Article 32): This grants individuals the right to
move to the Supreme Court for the enforcement of their fundamental rights. It is
considered the “heart and soul” of the Constitution.

Additionally, Article 35 allows the Parliament to enact laws to give effect to the provisions of
fundamental rights and to restrict their scope in certain circumstances.

Directive Principles of State Policy

 • Directive Principles of State Policy are a set of guidelines or principles enshrined in
Part IV (Articles 36 to 51) of the Constitution of India. Unlike fundamental rights,
which are justiciable and can be enforced by the courts, Directive Principles are non-
justiciable. This means that they are not legally enforceable by the courts, but they
serve as important guidelines for the government in formulating policies and laws. Read
here to know them in detail.

• Part IV of the Indian Constitution deals with the Directive Principles of our State Policy
(DPSP).

• The provisions contained in this Part cannot be enforced by any court, but these
principles are fundamental in the governance of the country and it shall be the duty
of the State to apply these principles in making laws.

• The concept of Directive Principles of State Policy was borrowed from the Irish
Constitution. While most of the Fundamental Rights are negative obligations on the
state, DPSPs are positive obligations on the state, though not enforceable in a court of
law.

The Directive Principles of State Policy aim to promote the welfare of the people, ensure social
and economic justice, and create a just and equitable society. They provide a framework for the
government to strive towards achieving certain socio-economic goals, even though they may
not be immediately attainable due to various constraints.

• While the Directive Principles themselves are not legally enforceable, they are
considered fundamental in the governance of the country.
• They guide the formulation of policies and laws by the government and are taken into
consideration by the legislature while enacting laws.
• Over the years, many judicial decisions and legislative measures have been influenced by
the spirit of the Directive Principles.
• The balance between fundamental rights and Directive Principles is essential for creating
a just and equitable society that respects individual freedoms while striving for the
welfare of all citizens.

Some of the key principles outlined in the DPSP include:

1. Equal Pay for Equal Work: Ensuring that men and women receive equal pay for equal
work.
2. Right to Work, Education, and Public Assistance in Certain Cases: Ensuring
opportunities for work, education, and public assistance, particularly for marginalized
sections of society.
3. Provision of Adequate Means of Livelihood: Ensuring that the citizens have the means
to earn a livelihood that is adequate and sustainable.
4. Equal Justice and Free Legal Aid: Ensuring that justice is accessible to all and that free
legal aid is provided to those who cannot afford it.
5. Promotion of Educational and Economic Interests of Scheduled Castes, Scheduled
Tribes, and Other Weaker Sections: Ensuring the development and protection of
marginalized communities.
6. Protection of Monuments and Places of National Importance: Preserving cultural
heritage and historical sites.
7. Promotion of International Peace and Security: Pursuing policies that contribute to
international peace and security.
8. Uniform Civil Code: Striving to secure for the citizens a uniform civil code throughout
the territory of India.
9. Protection of the Environment: Promoting sustainable development and protecting the
environment.
Fundamental Duties

Fundamental Duties are a set of moral and ethical obligations that are enshrined in Part IV-A
(Article 51A) of the Constitution of India. Read here to learn them in detail.

Part IVA of the Indian Constitution deals with Fundamental Duties. As of now, there are 11
Fundamental duties.

Originally, the Constitution of India did not contain these duties. Fundamental duties were
added by the 42nd and 86th Constitutional Amendment acts.

Citizens are morally obligated by the Constitution to perform these duties. However, like
the Directive Principles, these are non-justifiable, without any legal sanction in case of their
violation or non-compliance.

Article 51A: Fundamental duties

It shall be the duty of every citizen of India –

(a) to abide by the Constitution and respect its ideals and institutions, the National Flag, and the
National Anthem;

(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;

(c) to uphold and protect the sovereignty, unity, and integrity of India;

(d) to defend the country and render national service when called upon to do so;

(e) to promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic, and regional or sectional diversities; to renounce practices
derogatory to the dignity of women;

(f) to value and preserve the rich heritage of our composite culture;

(g) to protect and improve the natural environment including forests, lakes, rivers, and wildlife,
and to have compassion for living creatures;
(h) to develop the scientific temper, humanism, and the spirit of inquiry and reform;

(i) to safeguard public property and to abjure violence;

(j) to strive towards excellence in all spheres of individual and collective activity so that the
nation constantly rises to higher levels of endeavour and achievement.
(k) to provide opportunities for education by the parent the guardian, to his child, or a ward
between the age of 6-14 years as the case may be.

• Fundamental Duties have the element of compulsion regarding compliance.

• some of the legal provisions already available regarding the enforcement of Fundamental
Duties.
• To ensure that no disrespect is shown to the National Flag, the Constitution of India,
and the National anthem, the Prevention of Insults to National Honour Act, of 1971 was
enacted.
• The Emblems and Names (Prevention of Improper Use) Act 1950 was enacted soon
after independence, inter alia, to prevent improper use of the National Flag and the
National Anthem.
• To ensure that the correct usage regarding the display of the National Flag is well
understood, the instructions issued from time to time on the subject have been
embodied in the Flag Code of India, which has been made available to all the State
Governments, and Union territory Administration (UT).
• There are several provisions in the existing criminal laws to ensure that the activities
which encourage enmity between different groups of people on grounds of religion,
race, place of birth, residence, language, etc. are adequately punished. Writings,
speeches, gestures, activities, exercises, drills, etc. aimed at creating a feeling of
insecurity or ill-will among the members of other communities, etc. have been
prohibited under Section 153A of the Indian Penal Code (IPC).
• Imputations and assertions that are prejudicial to national integration constitute a
punishable offense under Section 153 B of the IPC.
• A Communal organization can be declared unlawful association under the provisions of
the Unlawful Activities (Prevention) Act 1967.
• Offenses related to religion are covered in Sections 295-298 of the IPC (Chapter XV).
• Provisions of the Protection of Civil Rights Act, 1955 (earlier the Untouchability
(Offences) Act 1955).
• Sections 123(3) and 123(3A) of the Representation of People Act, 1951 declares that
soliciting of vote on the ground of religion and the promotion or attempt to promote
feelings of enmity or hatred between different classes of citizens of India on the
grounds of religion, race, caste, community or language is a corrupt practice. A person
indulging in a corrupt practice can be disqualified from being a Member of Parliament
or a State Legislature under Section 8A of the Representation of People Act, 1951.
 MODULE 3

The Parliament has two Houses–Rajya Sabha and Lok Sabha. Rajya Sabha is upper House and
represents the States of India while the Lok Sabha is lower House. It is also called popular
House because it represents the people of India. The President is an integral part of the
Parliament though he is not a member of the either House. As an integral part of the
Parliament, the President has been assigned certain powers and functions, which you have read
in the last lesson. In this lesson you will study about the two Houses in details.

Rajya Sabha:

Membership and Election

Rajya Sabha or the Upper House of the Parliament is a permanent body as it cannot be
dissolved. The membership of the Rajya Sabha cannot exceed 250. Out of these, the President
nominates 12 members on the basis of their excellence in literature, science, art and social
service and the rest are elected. At present its total membership is 245. Rajya Sabha is the body
representing States in Indian Union. The elected members of the States’ Legislative Assemblies
elect the members of the Rajya Sabha on the basis of proportional representation through the
single transferable vote system. But all the States do not send equal number of members to the
Rajya Sabha. Their representation is decided on the basis of population of respective States.
Thus the bigger State gets bigger representation and the smaller ones have lesser
representation. While the big State like UP has been assigned 31 seats, the smaller states like
Sikkim and Tripura send only one member each. Delhi Assembly elects three members of
Rajya Sabha and Pondichery sends one member. Other Union Territories are not represented in
the Rajya Sabha.
Qualifications
The qualifications for becoming a Rajya Sabha member are as follows:
1. He/she should be a citizen of India and at least 30 years of age.
2. He/she should make an oath or affirmation stating that he will bear true faith and allegiance
to the Constitution of India.
3. Thus according to the Representation of People Act 1951, he/she should be registered as a
voter in the State from which he is seeking election to the Rajya Sabha. But in 2003, two
provisions have been made regarding the elections to Rajya Sabha- (i) Any Indian citizen can
contest the Rajya Sabha elections irrespective of the State in which he resides; (ii) elections are
to be conducted through open voting system.
Tenure
Every member of Rajya Sabha enjoys a safe tenure of six years. One-third of its members retire
after every two years. They are entitled to contest again for the membership. But a member
elected against a mid-term vacancy serves the remaining period only. This system of election
ensures continuity in the working of Rajya Sabha. 11.1.4 Officials of Rajya Sabha The Vice-
President of India is the ex-officio Chairman of the Rajya Sabha. He/she presides over the
meetings of Rajya Sabha. In his absence the Deputy Chairman, who is elected by its members
from amongst themselves, presides over the meeting of the House. The Deputy Chairman can
be removed by a majority of all the then members of Rajya Sabha. But the Chairman (Vice-
President) can only be removed from his office by a resolution passed by a majority of all the
then members of Rajya Sabha and agreed to by the Lok Sabha. As the Vice-President is an ex-
officio Chairman and not a member of Rajya Sabha, he/ she is normally not entitled to vote.
He/she can vote only in case of a tie. Tie means a situation in which there are equal vote cast in
favour and against a bill or resolution. In such a situation the presiding officer may exercise a
casting vote in favour/against to break the tie

Lok Sabha
Unlike Rajya Sabha, Lok Sabha is not a permanent body. It is elected directly by the people on
the basis of universal adult franchise. It is also called the popular House or lower House. The
maximum permissible membership of Lok Sabha is 550 out of which 530 are directly elected
from the States while 20 members are elected from the Union Territories. Besides, the
President may nominate two members from the Anglo-Indian community if he/she feels that
the said community is not adequately represented in the House.

Certain number of seats have been reserved for Scheduled Castes and Scheduled Tribes in the
Lok Sabha. Initially this provision was made for ten years from the commencement of the
Constitution, which has been extended time and again for further ten years by various
constitutional amendments. The 79th Amendment has extended it for sixty years from the
commencement of the Constitution. Reservation of seats for the Scheduled Castes or Scheduled
Tribes means the persons belonging to SC/ST will represent such reserved seats. That implies
that only persons belonging to SC/ST can contest from the reserved constituencies. But we
have joint electorate and all the voters of the reserved constituency vote irrespective of their
caste/tribe. There is no separation of voters in terms of caste or tribe.
The representation to the Lok Sabha is based on population. Therefore UP which is the most
heavily populated State in India sends as many as 80 members while smaller States like
Mizoram, Nagaland and Sikkim send just one representative each to the Lok Sabha. Seven
members represent Delhi. For the purpose of elections to the Lok Sabha, the States are divided
into single member
constituencies on the basis of population.
Qualifications
All the citizens of 18 years of age and above are entitled to vote in the elections to Lok Sabha
subject to the laws made by the Parliament. Any Indian citizen can become a member of Lok
Sabha provided he/she fulfils the following qualifications:
1. He/she should be not less than 25 years of age.
2. He/she should declare through an oath or affirmation that he has true faith and allegiance in
the Constitution and that he will uphold the sovereignty and integrity of
India.
3. He/she must possess such other qualifications as may be laid down by the Parliament by law.
He must be registered as a voter in any constituency in India.
4. Person contesting from the reserved seat should belong to the Scheduled Caste or Scheduled
Tribe as the case may be.
Tenure
The normal term of Lok Sabha is five years. But the President, on the advice of Council of
Ministers, may dissolve it before the expiry of five years. In the case of national emergency, its
term can be extended for one year at a time. But it will not exceed six months after the
emergency is over. On several occasions Lok Sabha was dissolved prior to the end of its term.
For example the 12th Lok Sabha elected in 1998 was dissolved in 1999 Officials of the Lok
Sabha
The Speaker and the Deputy Speaker: The presiding officer of Lok Sabha is known as
Speaker. The members of the House elect him. He/she remains the Speaker even after Lok
Sabha is dissolved till the next House elects a new Speaker in his place. In his absence, a
Deputy Speaker who is also elected by the House presides over the meetings. Both the Speaker
as well as the Deputy Speaker can be removed from office by a resolution of Lok Sabha passed
by a majority of all the then members of the House.
Some of the powers and functions of the speaker are given below :
1. The basic function of the Speaker is to preside over the house and conduct the meetings
of the House in orderly manner. No member can speak in the House without she permission.
He/she may ask a member to finish his speech and in case the member does not obey he/she
may order that the speech should not be recorded.
2. All the Bills, reports, motions and resolutions are introduced with Speaker’s permission.
He/she puts the motion or bill to vote. He/she does not participate in the voting but when there
is a tie i.e. equal number of votes on both sides, he/she can use his casting vote. But he/she is
expected to caste her vote in a manner so that her impartiality and independence is retained.
3. His/her decisions in all parliamentary matters are final. She also rules on points of order
raised by the members and her decision is final.
4. He/she is the custodian of rights and privileges of the members.
5. He/she disqualifies a member of his/her membership in case of defection. He/she also
accepts the resignation of members and decides about the genuineness of the resignation.
6. In case of joint sitting of Lok Sabha and Rajya Sabha, the Speaker presides over the
Meeting

The Union executive

The Union executive consists of the President, the Vice-President, and the Council of Ministers
with the Prime Minister as the head to aid and advice the President.

President
The President is elected by members of an electoral college consisting of elected members of
both Houses of Parliament and Legislative Assemblies of the states in accordance with the
system of proportional representation, by means of single transferable vote. To secure
uniformity among state inter se, as well as parity between the states as a whole, and the Union,
suitable weightage is given to each vote. The President must be a citizen of India, not less than
35 years of age, and qualified for election as member of the Lok Sabha. His term of office is
five years, and he is eligible for re-election. His removal from office is to be in accordance with
procedure prescribed in Article 61 of the Constitution. He may, by writing under his hand
addressed to the Vice-President, resign his office.

Executive power of the Union is vested in the President, and is exercised by him either directly
or through officers subordinate to him in accordance with the Constitution. Supreme command
of defence forces of the Union also vests in him. The President summons, prorogues,
addresses, sends messages to Parliament and dissolves the Lok Sabha, promulgates Ordinances
at any time, except when both Houses of Parliament are in session, makes recommendations
for introducing financial and money bills and gives assent to bills, grants pardons, reprieves,
respites or remission of punishment or suspends, and remits or commutes sentences in certain
cases. When there is a failure of the constitutional machinery in a state, he can assume to
himself all, or any of the functions of the government of that state. The President can proclaim
emergency in the country if he is satisfied that a grave emergency exists, whereby security of
India or any part of its territory is threatened, whether by war or external aggression or armed
rebellion.
Vice-President

The Vice-President is elected by members of an electoral college consisting of members of

both Houses of Parliament in accordance with the system of proportional representation by
means of single transferable vote. He must be a citizen of India, not less than 35 years of age,
and eligible for election as a member of the Rajya Sabha. His term of office is five years, and
he is eligible for re-election. His removal from office is to be in accordance with procedure
prescribed in Article 67 b.

The Vice-President is ex-officio Chairman of the Rajya Sabha and acts as President when the
latter is unable to discharge his functions due to absence, illness or any other cause, or till the
election of a new President (to be held within six months when a vacancy is caused by death,
resignation or removal or otherwise of President). While so acting, he ceases to perform the
function of the Chairman of the Rajya Sabha.

Council of Ministers

There is a Council of Ministers headed by the Prime Minister to aid and advise the President in
exercise of his functions. The Prime Minister is appointed by the President, who also appoints
other ministers on the advice of Prime Minister. The Council is collectively responsible to the
Lok Sabha. It is the duty of the Prime Minister to communicate to the President all decisions of
Council of Ministers relating to administration of affairs of the Union and proposals for
legislation and information relating to them.

The Council of Ministers comprises Ministers who are members of Cabinet, Ministers of State
(independent charge), Ministers of State and Deputy Ministers.
The States
The system of government in states closely resembles that of the Union.

Executive

State executive consists of Governor and Council of Ministers with Chief Minister as its head.

GOVERNOR
The Governor of a State is appointed by the President for a term of five years and holds office
during his pleasure. Only Indian citizens above 35 years of age are eligible for appointment to
this office. Executive power of the State is vested in Governor.
Council of Ministers with Chief Minister as head aids and advises Governor in exercise of his
functions except in so far as he is by or under the Constitution required to exercise his
functions or any of them in his discretion. In respect of Nagaland, Governor has special
responsibility under Article 371 A of the Constitution with respect to law and order and even
though it is necessary for him to consult Council of Ministers in matters relating to law and
order, he can exercise his individual judgement as to the action to be taken.

Similarly, in respect of Arunachal Pradesh, Governor has special responsibility under Article
371H of the Constitution with respect to law and order and in discharge of his functions in
relation thereto. Governor shall, after consulting Council of Ministers, exercise his individual
judgement as to the action to be taken. These are, however, temporary provisions if President,
on receipt of a report from Governor or otherwise is satisfied that it is no longer necessary for
Governor to have special responsibility with respect to law and order, he may so direct by an
order.

Likewise, in the Sixth Schedule which applies to tribal areas of Assam, Meghalaya, Tripura
and Mizoram as specified in para 20 of that Schedule, discretionary powers are given to
Governor in matters relating to sharing of royalties between district council and state
government. Sixth Schedule vests additional discretionary powers in Governors of Mizoram
and Tripura in almost all their functions (except approving regulations for levy of taxes and
money lending by non-tribal by district councils) since December 1998. In Sikkim, Governor
has been given special responsibility for peace and social and economic advancement of
different sections of population.

All Governors while discharging such constitutional functions as appointment of Chief

Minister of a State or sending a report to President about failure of constitutional machinery in
a State or in respect of matters relating to assent to a Bill passed by legislature, exercise their
own judgement.

Council Of Ministers

The Chief Minister is appointed by the Governor who also appoints other ministers on the
advice of the Chief Minister. The Council of Ministers is collectively responsible to legislative
assembly of the State.

Legislature

For every state, there is a legislature, which consists of Governor and one House or, two
Houses as the case may be. In Bihar, Jammu and Kashmir, Karnataka, Maharashtra and Uttar
Pradesh, there are two Houses known as legislative council and legislative assembly. In the
remaining states, there is only one House known as legislative assembly. Parliament may, by
law, provide for abolition of an existing legislative council or for creation of one where it does
not exist, if proposal is supported by a resolution of the legislative assembly concerned.

Legislative Council

Legislative Council (Vidhan Parishad) of a state comprises not more than one-third of total
number of members in legislative assembly of the state and in no case less than 40 members
(Legislative Council of Jammu and Kashmir has 36 members vide Section 50 of the
Constitution of Jammu and Kashmir). About one-third of members of the council are elected
by members of legislative assembly from amongst persons who are not its members, one-third
by electorates consisting of members of municipalities, district boards and other local
authorities in the state, one-twelfth by electorate consisting of persons who have been, for at
least three years, engaged in teaching in educational institutions within the state not lower in
standard than secondary school and a further one-twelfth by registered graduates of more than
three years standing. Remaining members are nominated by Governor from among those who
have distinguished themselves in literature, science, art, cooperative movement and social
service. Legislative councils are not subject to dissolution but one-third of their members retire
every second year.
Legislative Assembly

Legislative Assembly (Vidhan Sabha) of a state consists of not more than 500 and not less than
60 members (Legislative Assembly of Sikkim has 32 members vide Article 371F of the
Constitution) chosen by direct election from territorial constituencies in the state. Demarcation
of territorial constituencies is to be done in such a manner that the ratio between population of
each constituency and number of seats allotted to it, as far as practicable, is the same
throughout the state. Term of an assembly is five years unless it is dissolved earlier.

Powers and Functions

State legislature has exclusive powers over subjects enumerated in List II of the Seventh
Schedule of the Constitution and concurrent powers over those enumerated in List III.
Financial powers of legislature include authorisation of all expenditure, taxation and borrowing
by the state government. Legislative assembly alone has power to originate money bills.
Legislative council can make only recommendations in respect of changes it considers
necessary within a period of fourteen days of the receipt of money bills from Assembly.
Assembly can accept or reject these recommendations.

Reservation of Bills

The Governor of a state may reserve any Bill for the consideration of the President. Bills
relating to subjects like compulsory acquisition of property, measures affecting powers and
position of High Courts and imposition of taxes on storage, distribution and sale of water or
electricity in Inter-state River or river valley development projects should necessarily be so
reserved. No Bills seeking to impose restrictions on inter-state trade can be introduced in a
state legislature without previous sanction of the President.

Control Over Executive

State legislatures, apart from exercising the usual power of financial control, use all normal
parliamentary devices like questions, discussions, debates, adjournments and no-confidence
motions and resolutions to keep a watch over day-to-day work of the executive. They also have
their committees on estimates and public accounts to ensure that grants sanctioned by
legislature are properly utilised.
JUDICIARY

Importance of the Supreme Court in India

In the Constitution of India, part 5, chapter 6 deals with the power, function, appointment,
retirement, jurisdiction, etc. from Article 124 to Article 147 of the Supreme Court. The
followings are the importance of the establishment of the Supreme Court:

1) The Supreme Court is the highest appeal court that is also known as the apex court of India
and even the last resort, where the citizens of India can seek justice if they are not satisfied with
the judgment of the High court.

2) The citizens of India, as per Article 32 of the Constitution, can even directly sort for remedy
through writs if their fundamental rights are violated.

3) The Supreme Court has Judicial Review power that is being vested through Article 13 of the
Constitution, which means the Supreme Court has the power to strike down any legislation and
executive action if such acts are found to be inconsistent with the Constitution of India.

What are the functions of the Supreme Court?

The following are the Supreme Court functions:

a) The SC gives the final verdict against an appeal from the other subsidiary courts i.e., High
courts.

b) It acts as an institution where issues from the different governmental bodies, central
government, and the state government matters are resolved.

c) As per Article 141 of the Constitution, laws passed by the SC, apply to all courts within the
Indian Territory.
d) In some matters, the Supreme Court also acts on its own and can pass suo moto.

What are the powers of the SC?

The Supreme Court has the following powers that are jurisdiction:

A) Original Jurisdiction: Original jurisdiction is the right of a court to hear a case and
make a verdict. The first court to hear the case has the original jurisdiction, but if
someone appeals the verdict, then a higher court can hear and decide upon it.
Original jurisdiction is a court's power to hear and decide a case before any
appellate review. The Supreme Court has original jurisdiction over disputes
between states and issues involving constitutional law. The Supreme Court is
mainly an appellate court as it is the highest court in the land; it is a last result for
those seeking justice.

B) Appellate Jurisdiction: As per article 132, 133, 134 of the Constitution, the SC has
appellate jurisdiction in matters that are related to civil, criminal, or Constitution.
Also, as per article 136, the SC has the power to issue special leave that is being by
any tribunal courts in India but this does not apply to Army courts.

C) Advisory Jurisdiction: As per article 143 of the Constitution, the SC can advise
the President of India that is related to the question of law, and the nature of the
matter is associated with the public importance. And the President can also seek
opinion in the matters that are related to Article 131 of the Constitution.

D) Review Jurisdiction: As per article 137 of the Constitution, the SC has the
power to review any laws that are being passed by the legislature.
HIGH COURT
High Courts are the highest courts in a state. Presently, there are 25 High Courts in India, with
some states having a common High Court. They are an important part of the judicial system in
India and hence, very important from the point of view of Indian polity for the UPSC exam.
The High Court is the highest court in a state in India. Articles 214 to 231 in the Indian
Constitution talk about the High Courts, their organisation and powers. The Parliament can
also provide for the establishment of one High Court for two or more states.For instance,
Haryana, Punjab and the Union Territory of Chandigarh have a common High Court. The
northeastern states also have one common High Court. In addition, Tamil Nadu shares a High
Court with Puducherry. Currently, there are 25 High Courts in India.The High Courts of
Calcutta, Madras and Bombay were established by the Indian High Courts Act 1861.
What are functions of High Court?
High Court Jurisdiction
The various kinds of jurisdiction of the High Court are briefly given below:
Original Jurisdiction
• The High Courts of Calcutta, Bombay and Madras have original jurisdiction in criminal
and civil cases arising within these cities.
• An exclusive right enjoyed by these High Courts is that they are entitled to hear civil
cases which involve property worth over Rs.20000.
• Regarding Fundamental Rights: They are empowered to issue writs in order to enforce
fundamental rights.
• With respect to other cases: All High Courts have original jurisdiction in cases that are
related to will, divorce, contempt of court and admiralty.
• Election petitions can be heard by the High Courts.

Appellate Jurisdiction
• In civil cases: an appeal can be made to the High Court against a district court’s
decision.
• An appeal can also be made from the subordinate court directly, if the dispute involves
a value higher than Rs. 5000/- or on a question of fact or law.

In criminal cases: it extends to cases decided by Sessions and Additional Sessions Judges.
• If the sessions judge has awarded an imprisonment for 7 year or more.
• If the sessions judge has awarded capital punishment.
• The jurisdiction of the High Court extends to all cases under the State or federal laws.

In constitutional cases: if the High Court certifies that a case involves a substantial
question of law.
HIGH COURT POWERS
Apart from the above, the High Courts have several functions and powers which are described
below.
As a Court of Record
• High Courts are also Courts of Record (like the Supreme Court).
• The records of the judgements of the High Courts can be used by subordinate courts
for deciding cases.
• All High Courts have the power to punish all cases of contempt by any person or
institution.

Administrative Powers
1. It superintends and controls all the subordinate courts.
2. It can ask for details of proceedings from subordinate courts.
3. It issues rules regarding the working of the subordinate courts.
4. It can transfer any case from one court to another and can also transfer the case to itself and
decide
the same.
5. It can enquire into the records or other connected documents of any subordinate court.
6. It can appoint its administration staff and determine their salaries and allowances, and
conditions of service.
Power of Judicial Review
High Courts have the power of judicial review. They have the power to declare any law or
ordinance
Unconstitutional, if it is found to be against the Indian Constitution.
Power of Certification
A High Court alone can certify the cases fit for appeal before the Supreme Court.

HIGH COURT AUTONOMY

The independence of the High Courts can be corroborated by the points given below:
1. Appointment of Judges: The appointment of judges of the High Courts lies within the
judiciary
itself and is not connected to the legislature or the executive.
2. Tenure of the Judges: High Court judges enjoy security of tenure till the age of retirement,
which is
62 years. A High Court cannot be removed except by an address of the President.
3. Salaries and allowances: The High Court judges enjoy good salaries, perks and allowances
and
these cannot be changed to their disadvantage except in case of a financial emergency. The
expenses
of the High Court are charged on the Consolidated Fund of the State, which is not subject to
vote in
the state legislature.
4. Powers: The Parliament and the state legislature cannot cut the powers and jurisdiction of
the High
Court as guaranteed by the Constitution.
5. Conduct of judges: Unless a motion of impeachment has been moved, the conduct of the
High Court judges cannot be discussed in the Parliament.
6. Retirement: After retirement, High Court judges cannot hold an office of emolument under
the
Government of India or that of a state. There is an exception to this clause, however, when,
with the
consent of the Chief Justice of India, retired judges can be nominated to a temporary office,
and in
situation of Emergencies
 MODULE 4

73rd and 74th Constitutional Amendment Acts

73rd Amendment Act, 1992

▪ This amendment brought the State Governments under the constitutional obligation to adopt
the new system of Panchayati Raj.
▪ The 11th schedule was added to the Constitution of India, 1950 (COI) through this
amendment which contained 29 subject matters of the Panchayats.
o This act also added Part IX to the COI which contained provisions from Articles 243 to 243 O.
▪ The act does not apply to Nagaland, Meghalaya, and Mizoram, as well as certain other
areas. These areas include:
o The scheduled areas and tribal areas in the states.
o The hill areas of Manipur with district councils.
o The Darjeeling district of West Bengal with the Darjeeling Gorkha Hill Council.
o However, subject to the exceptions and modifications specified by the Parliament, the
provisions of this Part may be extended to scheduled areas and tribal areas.

Salient Features of 73rd Amendment Act, 1992

▪ Gram Sabha
o Gram Sabhas are the basic units of democratic system which consists of the people registered
in the electoral rolls of the village within the area of the Panchayat.
▪ Three-tier System
o As per Article 243B of the COI, there shall be constituted in every State, Panchayats at the
village, intermediate and district levels. However, Panchayats at the intermediate level may not
be constituted in a State having a population not exceeding twenty lakhs.
▪ Election of Members and Chairpersons
o The members of Panchayats at the village, intermediate, and district levels shall be elected
directly by the people.
o The chairman of the Panchayat at the intermediate and district level shall be elected indirectly
from amongst the elected members thereof.
o The conduct of elections to the Panchayats shall also be handled by the State election
commission.
▪ Reservation of Seats
o Seats shall be reserved for Schedule Castes and Schedule Tribes and chairpersons of the
Panchayats at all levels in proportion to their population.
o One third of the positions in all panchayat institutions are reserved for women.
▪ Duration of Panchayat
o As per Article 243E of the COI, every Panchayat, unless sooner dissolved under any law for
the time being in force, shall continue for five years from the date appointed for its first
meeting and no longer.
▪ Powers and Functions of Panchayats
o The powers and functions of the Panchayats are endowed by the State legislature.
o The Panchayats prepare a plan for economic development and social justice for the people of
the Panchayats.
o It implements the scheme of the Central and State government for the betterment of the
people at the ground level.
o Panchayats have the power to enhance employment facilities and undertake development
activities in the area.
▪ Bar to Interference by Courts in Electoral Matters
o The act prohibits courts from interfering in panchayat elections.
o It also states that no election to a panchayat may be challenged unless accompanied by an
election petition filed with the appropriate authority and in the manner prescribed by the state
legislature.
74th Amendment Act, 1992
▪ The act granted municipalities constitutional status. It has brought them under the purview of
the Constitution's justiciable provisions.
▪ This act added Part IX-A to the COI which contained provisions from Articles 243P to
243ZG.
▪ It also added 12th schedule to the COI containing 18 functional items which are to be placed
within the purview of municipalities.

Salient Features of 74th Amendment Act, 1992

▪ Article 243Q of the COI deals with the Constitution of Municipalities i.e., Nagar Panchayat,
Municipal Council, and Municipal Corporation.
▪ Article 243R deals with the Composition of Municipalities; it states that all of its members
are directly elected by the people of the Municipal area which is divided into territorial
constituencies known as wards.
▪ Article 243S talks about the constitution and composition of ward committees consisting of
wards and members of wards who represent that ward in the Municipality.
▪ Article 243 T deals with the reservation of seats in every Municipality. It states that -
o Reservation of seats for Schedule Castes and Schedule Tribes is provided in every municipality
in proportion to their population.
o Provision for reservation of 1/3rd of the total number of seats is also provided for women.
o The State legislature has been empowered to make any provision for reservation in the
municipality at any level in favor of the backward class.
▪ Article 243U deals with the duration of Municipalities. It states that -
o Municipalities have been provided with a five-year term of office at every level. It can
however be dissolved before the completion of its term.
o A municipality, if elected after the dissolution of the municipality, shall continue for the
remaining period for which the dissolved municipality would have continued had it not been
dissolved.
▪ Article 243V talks about the grounds for disqualification of members of the Municipality. It
states that a person shall be disqualified on the following grounds:
o If he is disqualified under any law for the time being in force for the purposes of elections to
the legislature of the state concerned; or
o If he is disqualified under any law made by the State legislature.
o However, no person shall be disqualified on the ground that he is less than 25 years of age if
he has attained the age of 21 years.
▪ Article 243W deals with the powers, authorities, and responsibilities of municipalities that
include urban planning, financial and social development, and so on.
▪ Article 243X states that the COI has left it open to the Legislature of a State to specify by law
matters relating to the imposition of taxes.
▪ Article 243Y provides for the constitution of the Finance Commission which will give its
opinion on the distribution of finances between the State and the municipality and will
determine the aid subsidies.
▪ Article 243ZA provides for the establishment of a State Election Commission, independent
of Election Commission of India, which conducts elections for every Municipal Corporation
for a term of 5 years.
▪ Article 243ZC says that provisions of part IXA are not applicable to Scheduled Areas
referred to in Article 244.
o These include Assam, Meghalaya, Tripura, and Mizoram. It is also not applicable to the area
under Darjeeling Gorkha Hill Council.
▪ Article 243 ZE says that there will be a Metropolitan Planning Committee in every
Metropolitan region to set up a draft improvement plan for the Metropolitan region overall.
o A Metropolitan area means an area having a population of 10 lakh or more, in one or more
districts, and consisting of two or more municipalities or panchayats or other contiguous areas.
▪ Bar to Interference by Courts in Electoral Matters
o The act prohibits courts from interfering in municipality elections.
o It also states that no election to a municipality may be challenged unless accompanied by an
election petition filed with the appropriate authority and in the manner prescribed by the state
legislature.
Constitutional Bodies: They are considered as an important body in India that
derives their power and authorities from the constitution in India. Their functions and
roles are specifically mentioned in the constitution and they have specific dedicated
articles in the constitution. For doing any kind of changes in constitutional bodies they
will need a constitutional amendment.

Some of the common example of constitutional bodies are: • The Finance Commission
• The UPSC • The Election Commission • The CAG • National Commissions for SCs
and STs

Statutory Bodies in India:

• These bodies were established by parliamentary acts or state Legislatures concerned.

• These are known to be the non-constitutional bodies which make rules and regulations
and take the decision on behalf of the government.

• The establishment of these bodies is done by the act because of which it derives its
powers,functions, duties from the respective act.

• The establishment of these bodies is done to perform specific tasks that are sector-
specific and lessen the burden on the government.

• Government has a responsibility to provide a certain level of independence in its

functioning, the appointment of members. Though the government has the freedom to
grant independence and autonomy to these bodies, in that case, the government needs to
ensure financial prudence inits functioning.

• They act as subject to varying degrees of ministerial control which are identified in
the statutory body’s enabling legislation. Here minister’s are accountable to Parliament
for the operation of all government agencies which are present within their ministry and
all-important to list down their annual reports in Parliament.

• “Statutory body” meaning can be changed and it totally depends on the legislation.
For example,a local council does not come under a statutory body for the purposes of
the FinancialAccountability Act, but it is there for the purposes of the Statutory Bodies
FinancialArrangements Act.
• Establishment of these bodies and operation is performed under the provisions of their
own,enabling legislation, which sets out the purpose and specific powers of the agency.
Some of the common examples of statutory bodies are listed below: • National Human
Rights Commission • National Commission for Women • National Commission for
Minorities • National Law Commission • National Green Tribunal • National Consumer
Disputes Redressal Commission • Armed Forces Tribunal
Right to Information Act 2005 Right to Information Act 2005

It empowers the citizen of India to access the information available with Government
departments, Public Sector Undertakings, Local Bodies, Voluntary Organisations
substantially benefited from Government, Statutory Bodies under law of the State. An
Act to provide for setting out the practical regime of right to information for citizens to
secure access to information under the control of public authorities, in order to promote
transparency and accountability in the working of every public authority, the
constitution of a Central Information Commission and State Information Commissions
and for matters connected therewith or incidental there to.

IMPORTANT FEATURES OF THE R.T.I. ACT, 2005 ‰

All citizens possess the right to information ‰ The term Information includes any
mode of information in any form of record, document, e-mail, circular, press release,
contract sample or electronic data etc.

‰ Rights to information covers inspection of work, document, record and its certified
copy and information in form of diskettes, floppies, tapes, video cassettes in any
electronic mode or stored informations in computer etc. ‰

Applicant can obtain Information within 30 days from the date of request in a normal
case.

‰ Information can be obtained within 48 hours from time of request. If it is a matter of

life or liberty of a person.

‰ Every public authority is under obligation to provide information on written request

or request by electronic means. ‰ Certain informations are prohibited.

‰ Restrictions made for third party information ‰

Appeal against the decision of the Central Information Commission or State

Information Commission can be made to an officer who is senior in rank. ‰

Penalty for refusal to receive an application for information or for not providing
information is Rs. 250/- per day but the total amount of penalty should not exceed Rs.
25,000/-. ‰
 Central Information Commission and State Information Commission are to be
constituted by the Central Government and the respective State Governments. ‰

No Court can entertain any suit, application or other proceedings in respect of any order
made under the Act.

Right to Education act 2009

1. Every child between the ages of 6 to 14 years has the right to free and compulsory
education. This is stated as per the 86th Constitution Amendment Act via Article 21A.
The Right to Education Act seeks to give effect to this amendment
2. The government schools shall provide free education to all the children and the schools
will be managed by School Management Committees (SMC). Private schools shall
admit at least 25% of the children in their schools without any fee.
3. The National Commission for Elementary Education shall be constituted to monitor all
aspects of elementary education including quality.

Main Features of Right to Education (RTE) Act, 2009

• Free and compulsory education to all children of India in the 6 to 14 age group.
• No child shall be held back, expelled or required to pass a board examination until the
completion of elementary education.
• If a child above 6 years of age has not been admitted in any school or could not
complete his or her elementary education, then he or she shall be admitted in a class
appropriate to his or her age. However, if a case may be where a child is directly
admitted in the class appropriate to his or her age, then, in order to be at par with others,
he or she shall have a right to receive special training within such time limits as may be
prescribed. Provided further that a child so admitted to elementary education shall be
entitled to free education till the completion of elementary education even after 14
years.
• Proof of age for admission: For the purpose of admission to elementary education, the
age of a child shall be determined on the basis of the birth certificate issued in
accordance with the Provisions of Birth. Deaths and Marriages Registration Act 1856,
or on the basis of such other document as may be prescribed.No child shall be denied
admission in a school for lack of age proof
• A child who completes elementary education shall be awarded a certificate.
• Call need to be taken for a fixed student–teacher ratio.
• Twenty-five per cent reservation for economically disadvantaged communities in
admission to Class I in all private schools is to be done.
• Improvement in the quality of education is important.
• School teachers will need adequate professional degree within five years or else will
lose job.
• School infrastructure (where there is a problem) need to be improved in every 3 years,
else recognition will be cancelled.
• Financial burden will be shared between the state and the central government.