Constitution of India,

Law & Engineering

 DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY, LUCKNOW

Evaluation Scheme
SEMESTER- V

End
Sl. No. Subject Periods Evaluation Scheme
Subject Total Credit
Code Semester
L T P CT TA Total PS TE PE

Constitution of India, Law &

1. KNC501 Engineering 2 0 0 15 10 25 50 75 0
COURSE OBJECTIVES
• To acquaint the students with legacies of constitutional
development in India and help them to understand the most
diversified legal document of India and philosophy behind it.
• To make students aware of the theoretical and functional
aspects of the Indian Parliamentary System.
• To channelize student’s thinking towards basic understanding
of the legal concepts and its implications for engineers.
• To acquaint students with latest Intellectual Property Rights
and innovation environment with related regulatory framework.
• To make students learn about role of engineering in business
organizations and e-governance
 SYLLABUS

Module 1 - Introduction and Basic Information about Indian

Constitution - Meaning of the Constitution law and
Constitutionalism, Historical Background of the Constituent
Assembly, Government of India Act of 1935 and Indian Independence
Act of 1947, Enforcement of the Constitution, Indian Constitution and
its Salient Features, The Preamble of the Constitution, Fundamental
Rights, Fundamental Duties, Directive Principles of State Policy,
Parliamentary System, Federal System, Centre-State Relations,
Amendment of the Constitutional Powers and Procedure, The
historical perspectives of the constitutional amendments in India,
Emergency Provisions: National Emergency, President Rule, Financial
Emergency, and Local Self Government – Constitutional Scheme in
India
Module 2 - Union Executive and State Executive - Powers of
Indian Parliament Functions of Rajya Sabha, Functions of
Lok Sabha, Powers and Functions of the President,
Comparison of powers of Indian President with the United
States, Powers and Functions of the Prime Minister, Judiciary –
The Independence of the Supreme Court, Appointment of
Judges, Judicial Review, Public Interest Litigation, Judicial
Activism, LokPal, Lok Ayukta, The Lokpal and LokAyuktas
Act 2013, State Executives – Powers and Functions of the
Governor, Powers and Functions of the Chief Minister,
Functions of State Cabinet, Functions of State Legislature,
Functions of High Court and Subordinate Courts
Module 3 - Introduction and Basic Information about Legal System - The
Legal System: Sources of Law and the Court Structure: Enacted law -Acts of
Parliament are of primary legislation, Common Law or Case law, Principles
taken from decisions of judges constitute binding legal rules. The Court System
in India and Foreign Courtiers (District Court, District Consumer Forum,
Tribunals, High Courts, Supreme Court). Arbitration: As an alternative to
resolving disputes in the normal courts, parties who are in dispute can agree that
this will instead be referred to arbitration. Contract law, Tort, Law at workplace.

Module 4 - Intellectual Property Laws and Regulation to Information -

Intellectual Property Laws- Introduction, Legal Aspects of Patents, Filing of
Patent Applications, Rights from Patents, Infringement of Patents, Copyright and
its Ownership, Infringement of Copyright, Civil Remedies for Infringement,
Regulation to Information- Introduction, Right to Information Act, 2005,
Information Technology Act, 2000, Electronic Governance, Secure Electronic
Records and Digital Signatures, Digital Signature Certificates, Cyber Regulations
Appellate Tribunal, Offences, Limitations of the Information Technology Act
Module 5 -Business Organizations and E-Governance -
Sole Traders, Partnerships: Companies: The Company’s Act:
Introduction, Formation of a Company, Memorandum of
Association, Articles of Association, Prospectus, Shares,
Directors, General Meetings and Proceedings, Auditor,
Winding up. E-Governance and role of engineers in E-
Governance, Need for reformed engineering serving at the
Union and State level, Role of I.T. professionals in Judiciary,
Problem of Alienation and Secessionism in few states
creating hurdles in Industrial development.
Suggested Readings:

Brij Kishore Sharma: Introduction to the Indian Constitution, PHI, New

Delhi, latest edition.
Granville Austin: The Indian Constitution: Cornerstone of a Nation. 1966,
Oxford Clarendon Press.
Subhash C. Kashyap: Our Constitution: An Introduction to India’s
Constitution and constitutional Law, NBT, 2018.
P.M. Bakshi: The Constitution of India, Latest Edition, Universal Law
Publishing.

V.K. Ahuja: Law Relating to Intellectual Property Rights (2007).

 UNIT 1

Module 1--Introduction and Basic Information about Indian Constitution:

Meaning of the constitution law and constitutionalism, Historical Background

of the Constituent Assembly, Government of India Act of 1935 and Indian
Independence Act of 1947,Enforcement of the Constitution, Indian
Constitution and its Salient Features, The Preamble of the Constitution,
Fundamental Rights, Fundamental Duties, Directive Principles of State Policy,
Parliamentary System, Federal System, Centre-State Relations, Amendment of the
Constitutional Powers and Procedure, The historical perspectives of the
constitutional amendments in India, Emergency Provisions: National Emergency,
President Rule, Financial Emergency, and Local Self Government – Constitutional
Scheme in India.
 CONSTITUTION:
A constitution is a set of
fundamental principles or
established precedents according
to which a state or other
organization is governed.
 What Is Constitution ?

Some rules that are made by the legislatures (Lok

Sabha/Rajya Sabha in India), for their own country, are
called “Law”.
 We need Laws in Society so that our society can regulate
and work properly. Laws are designed to protect us and our
property and to ensure that everyone in society behaves the
way that the community expects them too.
 Laws tell us what to expect as a consequence of our
actions.
 Laws have been the glue that has kept society together.
Without laws there would be complete anarchy
 What Is Constitution ?
In General - The Constitution is the Supreme law of the
land. All other laws have to conform to the Constitution.
The Constitution contains laws concerning the
government and its relations with the people.
A Constitution is concerned with 2 main aspects: -
a) The relation between the different levels of Government.
b) The relation between the Government and the Citizens.
What Is Constitution ?
 NEED OF A CONSTITUTION
• It generates trust that is necessary for different kinds of people
to live together.
• It specifies how the government will be constituted which
means who will have the power and what decisions will they be
responsible for.
• It lays down limitations on the powers of the government and
makes the citizens aware of their rights.
• It expresses the aspirations of people for building a good
society.
• It defines the nature of political system of a country.
• It provides a set of rules that allow the necessary
coordination amongst members of society.
 Characteristics of Indian Constitution
The Constitution of India has some distinct and
unique features as compared to other constitutions to
the world. Dr. Ambedkar, the Chairman of Drafting
Committee puts it, the framers had tried to
accumulate and accommodate the best features of
other constitutions, keeping in view the peculiar
problems and needs of our country.
The main characteristics are:
• Longest written constitution
• Partly rigid and flexible
• Democratic Republic
• Parliamentary System of Govt.
• A Federation
• Fundamental Rights
• Directive Principles of State Policy
• Fundamental Duties
• Secular State
• An independent Judiciary
• Single Citizenship
 Constitutionalism

Constitutionalism means that the government should

be limited in its powers, and its authority depends
upon its ability to observe those limitations.
Constitutionalism recognizes the need for a
government but insists upon constraints being
placed on the powers of the government
 Government of India Act
1935
Government of India Act of 1935 marked the
second milestone towards a completely
responsible government in India. It ended Diarchy
and provided the establishment of All India
Federation. This act served some useful purposes
by the experiment of provincial autonomy, thus
we can say that the Government of India Act 1935
marks a point of no return in the history of
constitutional development in India.
 Features of the Act
1. It provided for the establishment of an All-India
Federation consisting of provinces and princely
states as units. The Act divided the powers
between the Centre and units in terms of three
lists—Federal List (for Centre, with 59 items),
Provincial List (for provinces, with 54 items) and
the Concurrent List (for both, with 36 items).
Residuary powers were given to the Viceroy.
However, the federation never came into being as
the princely states did not join it.
 Features of the Act
2. It abolished dyarchy in the provinces and
introduced ‘provincial autonomy’ in its place. The
provinces were allowed to act as autonomous units of
administration in their defined spheres.

3.It provided for the adoption of diarchy at the Centre.

Consequently, the federal subjects were divided into
reserved subjects and transferred subjects. However,
this provision of the Act did not come into operation
at all.
 Features of the Act
4. It introduced bicameralism in six out of eleven
provinces. Thus, the legislatures of Bengal,
Bombay, Madras, Bihar, Assam and the United
Provinces were made bicameral consisting of a
legislative council (upper house) and a legislative
assembly (lower house). However, many
restrictions were placed on them
 Features of the Act
5. It abolished the Council of India, established by the Government of
India Act of 1858. The secretary of state for India was provided with a
team of advisors.
6. It extended franchise. About 10 per cent of the total population got
the voting right.
7. It provided for the establishment of a Reserve Bank of India to
control the currency and credit of the country.
8. It provided for the establishment of not only a Federal Public
Service Commission but also a Provincial Public Service
Commission and Joint Public Service Commission for two or more
provinces.
9. It provided for the establishment of a Federal Court, which was
set up in 1937.
10. It further extended the principle of communal representation by providing
separate electorates for depressed classes (scheduled castes), women and labour
(workers).
 Indian Independence Act 1947/
Lord Mountbatten Plan
On June 3, 1947, Lord Mountbatten put forward his plan
which outlined the steps for the solution of India’s
political problem. The main purpose of the Mountbatten
Plan was the partition of India and the speedy transfer
of responsibility, initially in the form of Dominion Status.
 Indian Independence Act 1947/
Lord Mountbatten Plan
∙ Lord Mountbatten came to India with the specific task of seeing
over the handing over of the authority to Indians. But the INC
and the League could not agree on the question of partition.
∙ An initial plan proposed by Mountbatten known as the Dickie
Bird Plan was opposed by Nehru. According to this plan, the
provinces were to be declared independent and then allowed to
join or not join the Constituent Assembly. Nehru opposed this as
it would, in his opinion, would lead to the country’s balkanisation.
∙ Then, Mountbatten came up with the last plan known as the 3
June Plan which was accepted by all parties. The INC, which was
opposed to any partition of the country, finally accepted it as an
unavoidable process.
 Features of the Act

•India to be divided into India and Pakistan, two

independent dominions.
•There would be a separate constituent assembly for Pakistan
to frame its constitution.
• The Princely states would enjoy the liberty to join either
India or Pakistan or ever remain independent.
• August 15, 1947, was date fixed for handling over power to
India and Pakistan.
• The Act proclaimed lapse of British power over Indian
States.
 The preamble can be referred to as the preface which
highlights the essence of the entire Constitution. It was
adopted on 26 November 1949 by the Constituent
Assembly and came into effect from 26th January,
1950. The 'preamble' to the Constitution of India is a
brief introductory statement that sets out the guiding
purpose and principles of the document.
 Meaning:
 The words of the preamble – “ We The
People “ – signifies that the power is ultimately
vested in the hands of the people of India . So
far the preamble has been amended only once
in 1976 by 42nd amendment (change) which
inserted the words Socialist, Secular and
Integrity. A brief description of theses concepts
is given in the following slides.
Sovereign
The word sovereign means supreme or independence.
India is internally and externally sovereign - externally
free from the control of any foreign power and
internally, it has a free government which is directly
elected by the people and makes laws that govern
the people.
Socialist
Even before the term was added by the 42nd
Amendment in 1976, the Constitution had a socialist
content in the form of certain Directive Principles of
State . The term socialist here means democratic
socialism i.e. achievement of socialistic goals through
democratic, evolutionary and non-violent means.
 Secular
Secular means the relationship between the government
and the people which is determined according to
constitution and law. By the 42nd Amendment, the term
"Secular" was also incorporated in the Preamble.
Secularism is the basic structure of the Indian
constitution. The Government respects all religions.
 Democratic
The first part of the preamble “We, the people of India”
and, its last part “give to ourselves this Constitution”
clearly indicate the democratic spirit involved even in
the Constitution. India is a democracy. The people of
India elect their governments at all levels (Union, State
and local) by a system popularly known as "one man
one vote".
 Republic
As opposed to a monarchy, in which the head of state is
appointed on hereditary basis for a lifetime or until he
abdicates from the throne, a democratic republic is an
entity in which the head of state is elected, directly or
indirectly, for a fixed tenure. . The leader of the state is
elected by the people.

 Justice
The term 'justice' in the preamble refers to three
varying aspects - Political, Social and Economic which
are secured through different provisions
of Fundamental Rights & Directive Principles of State
Policy.
 Liberty
The ideal of Liberty refers to the freedom on the
activities of Indian nationals. All the citizens are
secured with liberty of thought, expression, belief,
faith & worship through the Fundamental Rights .
However, liberty does not mean freedom to do
anything, and it must be exercised within the
constitutional limits.
 Equality
This envisages that no section of the society enjoys
special privileges and individuals are provided with
adequate opportunities without any discrimination.
Again, there are three dimensions of Equality -
Political, Economic & Civic.
 Fraternity
This refers to a feeling of brotherhood & a
sense of belongingwith the country among
its people.
 The Indian constitution was
formed in 1946 for the purpose
of making Independent India’s
constitution. The assembly
passed resolution in 1947
January defining the objectives
of the constitution.
 OBJECTIVES
• To set up federal form of govt. with
separate state and central govts.
• To set up a democracy in which all power
is derived from the people.
• To protect the integrity of India and her
sovereign rights over land, sea and air.
• To help India attain its rightful place in
the world and work for peace and
welfare.
FATHER OF OUR CONSTITUTION

• Dr. Bhimrao Ambedkar became the Chairman of

its Drafting Committee on December 11 , 1946.
 FORMATION
OF
CONSTITUTION OF INDIA
 FROM U.K.
• Parliamentary form of government.
• Bicameralism
• Cabinet System
• Single Citizenship
 FROM USA
• Written constitution
• Fundamental rights
• Process of Impeachment of President
• Independent of Judiciary
• Judicial Review
• Procedure of removal of Judges of
Supreme Court and High Court
 FROM AUSTRALIA
• Concurrent list, Central-State relationship,
Language of the Preamble, Joint sitting of
Parliament

FROM RUSSIA
• Fundamental duties

FROM GERMANY
• Emergency Powers
 FROM JAPAN
• Procedure established by Law
FROM CANADA
• Federation with strong centre
• Residuary powers
• Appointment of State Governor
FROM SOUTH AFRICA
• Procedure of constitutional amendment
• Elections of members of Rajya Sabha
FROM IRELAND
• Concept of Directive Principles of State Policy
• Method of election of President
• Nomination of members in Rajya Sabha
For the time being the Constitution was made,
India would be governed in accordance with the
Govt. Of India Act, 1935.
•The Assembly met in sessions open to the
public, for 166 days, spread over a period of 2
years, 11 months and 18 days before adopting
the constitution. It was finally passed and
accepted on Nov 26, 1949. In all the 284
members of the assembly signed the official
copies of the Indian Constitution.
After many deliberations and some
modifications 111 plenary sessions in 114 days,
the 308 members of the assembly signed 2
copies of the document(both in English and
Hindi) on 24 Jan 1950.
Same day the assembly unanimously elected
Dr, Rajendra Prasad as the President of India
which came into effect on Jan 26, 1950 and
celebrated as the “Republic Day of India”.
 THE INDIAN CONSTITUTION

• The Constitution of India is the major law

in India. The constitution is the framework for
political principles, procedures, powers of
government officials, etc. It's also the longest
constitution in the world. It establish the rights,
duties and directive principles of citizens and
the procedures and policies of govt.
STRUCTURE OF INDIAN
CONSTITUTION
 Fundamental Rights
The Fundamental Rights are defined as the
basic human rights of all citizens. These
rights, defined in Part III of the Constitution,
apply irrespective of race, place of birth,
religion, caste, creed or sex.
 Fundamental Rights :
 Right to equality ( Art. 14 -18).
 Right to freedom (Art.19 -22).
 Right against exploitation.(Art. 23 -24).
 Right to freedom of religion.( Art. 25 -28).
 Cultural and Educational rights ( Art. 29 -30).
 Right to Constitutional Remedies (Art. 31- 32).
 Right To Life. NEW RIGHTS

 Right to Education .(Art. 21A)

 Fundamental Rights :
(i) Right to Equality: (14-18)
It provides for Equality before Law (14), End of
Discrimination(15), Equality of Opportunity,
Abolition of untouchability and Abolition of Titles.
(ii) Right to Freedom: (19-22)
It incorporates six fundamental freedoms -
freedoms of speech and expression, freedom to
form associations, freedom to assemble
peaceably without arms, freedom to move freely
in India, freedom of residence in any part, and
freedom of adopting any profession or trade or
occupation.
 Fundamental Rights

(iii) Right against Exploitation: (23 & 24)

This Fundamental Right prohibits sale and purchase of human
beings, forced labour (begaar) and employment of children in
hazardous jobs and factories.
(iv) Right to Freedom of Religion: (25 – 28)
The grant of this right involves the freedom of conscience,
religion and worship. Any person can follow any religion. It
gives to all religions freedom to establish and maintain their
religious institutions. No person can be compelled to pay any
tax for the propagation of any religion. The state cannot levy a
tax for any religion and constitution prohibits the imparting of
religious instructions in schools and colleges.
 Fundamental Rights

(v) Cultural and Educational Rights: (29 & 30)

Under this category the Constitution guarantees the rights
of the minorities to maintain and develop their languages
and cultures. It also confers upon them the right to
establish, maintain and administer their educational
institutions.
(vi) Right to Constitutional Remedies (Art. 32):
This fundamental right is the soul of the entire Bill of Rights.
It provides for the enforcement and protection of
Fundamental Rights by the courts. It empowers the
Supreme Court and High Courts to issue writs for the
enforcement of these rights.
 Fundamental Rights

Right to Life: The most fundamental is the Right to Life.

Article 21 guarantees the protection of life and personal
liberty to every individual and states that, "No person shall
be deprived of his life and personal liberty except according
to procedure established by law."

Right to Education
The Constitution (Eighty-sixth Amendment) Act, 2002
inserted Article 21-A in the Constitution of India to provide
free and compulsory education of all children in the age
group of six to fourteen years as a Fundamental Right in
such a manner as the State may, by law, determine
 Fundamental Duties
1. Respect for the Constitution, the national flag and the
national anthem;
2. Cherish the noble ideals of the freedom struggle;
3. Uphold and protect the sovereignty, unity and integrity
of India;
4. Defend the country and render national service when
called;
5. Promote the common brotherhood of all the people of
India and renounce any practice derogatory to the dignity
of women;
6. Preserve the rich heritage of the nation’s composite
culture;
 Fundamental Duties
7. Project the natural environment and
have compassion for living creatures;
8. Develop scientific temper, humanism
and spirit of inquiry and reform;
9. Safeguard public property and abjure
violence; and
10. Strive for excellence in all individual
and collective activity.
11. Duty of the parents to send their
children to schools for getting education.
Directive Principles of State Policy

Part IV of the Constitution dealing with the

‘Directive Principles of State Policy’ provides one
of the most striking features of the Indian
Constitution. The Directive Principles are
instructions to the state for securing socio-
economic developmental objectives through its
policies..
 Directive Principles of State Policy

Directive Principles direct the state to ensure for the

people adequate means of livelihood, fairer
distribution of wealth, equal pay for equal work,
protection of children, women, labour and youth, old
age pension, social security, local self-government,
protection of the interests of the weaker sections of
society; promotion of cottage industries, rural
development, international ‘peace friendship and co-
operation with other states etc. The aim of Part IV is
to secure and strengthen socio-economic
democracy in India.
 Parliamentary system

A democratic form of government in which the

party (or a coalition of parties) with the greatest
representation in the parliament (legislature) forms
the government, its leader becoming prime
minister. Executive functions are exercised by
members of the parliament appointed by the prime
minister to the cabinet. The parties in the minority
serve in opposition to the majority and have the
duty to challenge it regularly. Prime ministers may
be removed from power whenever they lose the
confidence of a majority of the ruling party or of the
parliament.
 Federal system

A federal system of government is one that divides

the powers of government between the national
government and state and local governments. The
Constitution of the United States established
the federal system, also known as Federalism.
 Centre-State Relations

The centre-state relations are divided

into three parts, which are mentioned
below:
(A) Legislative Relations (Article 245-
255)
(B) Administrative Relations (Article
256-263)
(C) Financial Relations (Article 268-293)
 Legislative Relations

Seventh Schedule of the Constitution provides for the

distribution of legislative powers between the centre and the
states. The legislative subjects are divided into List I (the
Union List), List II (the Concurrent List) and List III (the State
List).
• At present, there are 100 subjects in the Union list which
includes subjects such as foreign affairs, defense, railway,
postal services, banking, atomic energy, communication,
currency etc.
• At present, there are 61 subjects in the State list. The list
includes subjects such as police, public order, roadways,
health, agriculture, local government, drinking water facilities,
sanitation etc.
• At present, there are 52 subjects in the concurrent list. The
list includes subjects such as education, forests, protection of
wild animals and birds, electricity, labour welfare, criminal law
and procedure, civil procedure, population control and family
planning, drugs etc.-
 Administrative Relations

Article 256 to 263 deals with the

administrative relations between the centre
and the states. Article 256 states that "the
executive power of every State shall be so
exercised as to ensure compliance with the
laws made by the parliament and any existing
laws which apply in that State, and the
executive power of the Union shall extend to
the giving of such directions to a State as may
appear to the Government of India to be
necessary for that purpose".
 Financial Relations

The Constitution deals with the centre-state financial

relations in Article 268-293 of Part XII.
• Allocation of taxing powers
The Constitution has provided the union government and
the state governments with the independent sources of
revenue. It allocates the powers to centre and the states
in the following way:
(i) The parliament has exclusive power to levy taxes on
the subjects mentioned in the Union List.
(ii) The state legislatures has exclusive power to levy
taxes on the subjects mentioned in the State List
(iii) Both the parliament and the state legislature are
empowered to levy taxes on the subjects mentioned in
the Concurrent List.
(iv) The parliament has exclusive power to levy taxes on
the matters related to the residuary subjects.
 AMENDMENTS OF INDIAN
CONSTITUTION
As of August 2015, there have been 104 amendments
to the Constitution of India since it was first enacted in
1950.
There are three ways in which the Constitution can be
amended:
 Amendment by simple majority of the Parliament
 Amendment by special majority of the Parliament
 Amendment by special majority of the Parliament
and the ratification of at least half of the state
legislatures.
 1. By Simple Majority of Parliament

A number of provisions in the Constitution can be

amended by a simple majority of the two houses of
Parliament. These provisions include:
Admission or establishment of new states.
 Formation of new states and alteration of areas,
boundaries or names of existing states.
 Allowances, privileges and so on of the president, the
governors, the Speakers, judges, etc.
 Salaries and allowances of the members of
Parliament.
 Rules of procedure in Parliament.
 Privileges of the Parliament, its members and its
committees.
 Use of the English language in Parliament.
 2. By Special Majority of Parliament

The majority of the provisions in the Constitution need

to be amended by a special majority of the Parliament,
that is, a majority (that is, more than 50 percent) of the
total membership of each House and a majority of two-
thirds of the members of each House present and
voting. The expression ‘total membership’ means the
total number of members comprising the House
irrespective of the fact whether there are vacancies or
absentees.
The provisions which can be amended by this way include:
(i) Fundamental Rights; (ii) Directive Principles of State
Policy;
3. By Special Majority of Parliament and
Consent of States
Those provisions of the Constitution which are
related to the federal structure of the polity can
be amended by a special majority of the
Parliament and also with the consent of half of
the state legislatures by a simple majority. If one
or some or all the remaining states take no
action on the bill, it does not matter; the
moment half of the states give their consent, the
formality is completed. There is no time limit
within which the states should give their
consent to the bill.
3. By Special Majority of Parliament and Consent of
States

 Election of the President and its manner.

 Extent of the executive power of the Union and
the states.
 Supreme Court and high courts.
 Distribution of legislative powers between the
Union and the states.
 Representation of states in Parliament.
 Power of Parliament to amend the Constitution
and its procedure (Article 368)
 SOME OF THE MAIN AMENDMENTS

1. 1st CA 1951: Added 9 Schedule ( Related Land

Reforms)
2. 7th CA 1956: Reorganization of States ( 14 States &
6 UT)
3. 10th CA 1961: Dadar & Nagar Haweli
4. 12th CA 1962: Goa, Daman & Diu
5. 14th CA 1962: Puducherry
6. 21th CA 1967: Sindhi
7. 71th CA 1992: Manipuri, Nepali,Konkani
8. 92th CA 2003: Bodo, Dogri, Santhali, Maithali
SOME OF THE MAIN AMENDMENTS
9. 24th CA 1971: Constitutional Amendment Bill—President
must give assent.
10. 36th CA 1975: Sikkim State
11. 42th CA 1976: (Mini Constitution of India)
- Secular, Socialist & Integrity (Added in the
Preamble)
- Fundamental Duties (Article 51 (A)
9. 44th CA 1978: Right to Property removed from FR to Legal
Right.
10. 52th CA 1985: Added 10 Schedule (Related to Anti-
Defection Law)
11. 61th CA 1989: Voting age reduced from 21 to 18 yrs.
12. 73th CA 1992: Added 11 Schedule (Panchayat)
13. 74th CA 1992: Added 12 Schedule (Municipality)
SOME OF THE MAIN AMENDMENTS

17. 86th CA 2002: Right to Education (FR)

18. 91th CA 2003: Council of Ministers (PM/CM)
should not exceed 15% of total Lok Sabha Seats.
19. 101th CA 2017: Related to GST.
20. 103th CA 2019: 10% reservation to economically
weaker upper caste.
 EMERGENCY PROVISIONS
Art.352- Art.360
EMERGENCY is defined as a situation ,which is not normal , which
calls for immediate remedial action or remedy.

The emergency provisions are contained in Part XVIII of the

Constitution of India, from Article 352 to 360. These provisions
enable the Central government to meet any abnormal situation
effectively.

The rationality behind the incorporation is to safeguard the

sovereignty, unity, integrity and security of the country, the
democratic political system and the Constitution.

The Constitution stipulates three types of emergencies-

1. National Emergency
2. State Emergency
3. Financial Emergency
 NATIONAL EMERGENCY
National emergency can be declared on the basis of war,
external aggression or armed rebellion. The Constitution
employs the expression ‘proclamation of emergency’ to denote
an emergency of this type.
Grounds of declaration
o Under Article 352, the president can declare a national emergency
when the security of India or a part of it is threatened by war or
external aggression or armed rebellion.
o The President can declare a national emergency even before the
actual occurrence of war or armed rebellion or external aggression
o When a national emergency is declared on the grounds of ‘war’ or
‘external aggression’, it is known as ‘External Emergency’. On the
other hand, when it is declared on the grounds of ‘armed
rebellion’, it is known as ‘Internal Emergency’.
 NATIONAL EMERGENCY
Declarations made so far: This type of emergency has been
proclaimed three times so far- in 1962, 1971 and 1975

The first proclamation of National Emergency was issued

in October 1962 on account of Chinese aggression and
was in force till January 1968 (External Aggression).

The second proclamation of National Emergency was

made in December 1971 in the wake of the attack by
Pakistan. (War)

The third proclamation of National Emergency was made

in June 1975, under controversial circumstances of
political instability under Indira Gandhi's prime minister-
ship, when emergency was declared on the basis of
"internal disturbance", Both the second and the third
proclamations were revoked in March 1977.
Parliamentary Approval and Duration

The proclamation of emergency must be approved by both

the houses of parliament within one month from the date
of its issue.
If approved by both the houses, the Emergency continues for
6 months and can be extended to an indefinite period with
an approval of the Parliament for every six months.
Every resolution approving the proclamation of emergency
or its continuance must be passed by House of Parliament
by a special majority.
 Revocation of Proclamation
 A proclamation of Emergency may be revoked by
the President at any time by a subsequent
proclamation. Such proclamation does not require
parliamentary approval.
 The emergency must be revoked if the Lok Sabha
passes a resolution by a simple majority
disapproving its continuation.

Effects of national emergency

A. Effects on the centre-state relations:

Executive: Centre becomes entitled to give executive directions
to a state on ‘any’ matter
Legislative: The parliament becomes empowered to make laws
on any subject mentioned in the state list.
Financial: the president can modify the constitutional
distribution of revenues between the centre and the states.
Effects of National Emergency
B. Effect on the life of the Lok Sabha and State Assembly:
While a proclamation of National Emergency is in operation, the
life of the Lok Sabha or State Legislative Assembly may be
extended beyond the normal term for one year at a time.
However, this extension cannot continue beyond a period of six
months after the emergency has ceased to operate.

C. Suspension of Fundamental rights under Article 19:

According to Article 358, when a proclamation of
National Emergency is made, the six fundamental
rights under article 19 are automatically suspended.
Article 19 is automatically revived after the expiry of the
emergency.
 President’s Rule

Article 355 imposes a duty on the centre to ensure that

the government of every state is carried on in
accordance with the provisions of the constitution.

It is this duty in the performance of which the centre

takes over the government of a state under Article 356
in case of failure of constitutional machinery in a state.

This is popularly known as ‘President’s Rule’.

 President’s Rule

Grounds of imposition: the president’s ruler can be proclaimed

under Article 356 on two grounds:

Article 356 empowers the President to issue a proclamation

if he is satisfied that a situation has arisen in which the
government of a state cannot be carried on in accordance
with the provisions of the constitution.
Article 365 says that whenever a state fails to comply with or
to give effect to any direction from the centre, it will be
lawful for the President to hold that a situation has arisen
in which the government of the state cannot be carried on
in accordance with the provisions of the constitution.
 Parliamentary Approval and Duration

A proclamation imposing president’s rule must be approved

by both the houses of parliament within two months from the
date of its issue.
Consequences of the President’s rule: The President
acquires the following extraordinary powers when the
President’s rule is imposed in a state:

o He can take up the functions of the state government

and powers vested in the governor or any other
executive authority in the state.
o He can declare that the powers of the state legislature
are to be exercised by the parliament.
 Financial Emergency

Grounds of declaration: Article 360 empowers

the president to proclaim a Financial Emergency if
he is satisfied that a situation has arisen due to
which the financial stability or credit of India or any
part of its territory is threatened.
Parliamentary approval and duration: A
proclamation declaring financial emergency must
be approved by both the Houses of Parliament
within two months from the date of its issue.
 Effects of Financial Emergency
 Extension of the executive authority of the Union over the
financial matters of the States.
 Reduction of salaries and allowances of all or any class of
persons serving in the State.
 Reservation of all money bills or other financial bills for
the consideration of the President after they are passed
by the legislature of the State.
 Direction from the President for the reduction of salaries
and allowances of all or any class of persons serving the
Union; and the judges of the Supreme Court and the High
Courts.
 Local Self Government in India

Local government in India refers to governmental jurisdictions

below the level of the state. India is a federal republic with three
spheres of government: central, state and local. The 73rd and 74th
constitutional amendments give recognition and protection to local
governments and in addition each state has its own local
government legislation.
Since 1992, local government in India takes place in two very
distinct forms. Urban localities, covered in the 74th amendment to
the Constitution, have Municipal Corporations but derive their
powers from the individual state governments, while the powers of
rural localities have been formalized under the Panchayati
Raj System, under the 73rd amendment to the Constitution.
 Panchayati Raj System
The panchayati raj system is a three-tier system with elected
bodies at the village, block and district levels.
It was intended to create greater participation in local government
by people and more effective implementation of rural development
programs.
It was meant to provide constitutional sanction to establish
"democracy at the grassroots level as it is at the state level or
national level".

Rural local governments (or panchayat raj institutions):

a. Zilla panchayats
b. Mandal or Block panchayats
c. Gram panchayats
 Panchayati Raj System

 All the seats in a panchayat at every level are to be filled by elections from
respective territorial constituencies.
 Not less than one-third of the total seats for membership as well as office of
chairpersons of each tier have to be reserved for women.
 Reservation for weaker castes and tribes (SCs and STs) have to be provided
at all levels in proportion to their population in the panchayats.
 To promote bottom-up-planning, the District Planning Committee (DPC)
in every district has been accorded to constitutional status.
 Panchayats are expected to play an effective role in planning and
implementation of works related to the29 items given in Eleventh Schedule
of the Constitution.
 Urban Local Government

Types of urban local governments include:

 municipal corporations /Nagar Nigam
 Nagar Palika (also called municipal councils)
 Nagar Panchayat /Town area
Functions
All municipal acts in India provide for functions, powers and
responsibilities to be carried out by the municipal government.
These are divided into two categories: obligatory and
discretionary.
 Urban Local Government

Obligatory functions
 supply of pure water
 construction and maintenance of public streets
 lighting and watering of public streets
 cleaning of public streets, places and sewers
 regulation of offensive, dangerous or obnoxious trades and callings or
practices
 maintenance or support of public hospitals
 establishment and maintenance of primary schools
 registration of births and deaths
 removing obstructions and projections in public streets, bridges and other
places
 naming streets and numbering houses
 Urban Local Government

Discretionary functions
 laying out of areas
 securing or removal of dangerous buildings or places
 construction and maintenance of public parks, gardens, libraries, museums,
rest houses, orphanages and rescue homes for women
 public buildings
 planting of trees and maintenance of roads
 housing for low income groups
 conducting surveys
 organizing public exhibitions, public entertainment
 provision of transport facilities
 promotion of welfare of municipal employees
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