(Common to all branches)

GLOBAL ACADEMY OF TECHNOLOGY

RAJARAJESWARINAGAR
IDEAL HOMES TOWNSHIP, OFF MYSORE ROAD,
BANGALORE - 560098

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 MODULE- I
Introduction and Basic Information about Indian Constitution

Introduction:
 The constitution of a country is a document that comprises a set of written rules accepted by
everyone living together in that country.
 The Constitution of a country is the supreme law of the land and it determines the
relationship among people living in that country and also regulates the government and its
policies towards its citizens.
Role of Constitution
 A constitution serves a lot of purpose; its major roles are as follows −
o It describes rules and regulations that generate a degree of trust and coordination among the
people of different strata of a society who live together;
o It provides a framework within which the government and other institutions work in the
country;
o It lays down the procedure as to how the government will be constituted and the manner in
which decisions are taken;
o It defines the powers, duties, and limits of the respective government.
o It also tells the rights of the citizens and defines the rule of law and a procedure to protect
them.
 All the democratic countries have their own constitutions. But having a full-fledged
constitution in a country is not a guarantee for it to be truly democratic.
 The Americans gave themselves a constitution after the War of Independence against the
Great Britain in 1787.
 Similarly, the French people approved a democratic constitution after the Revolution, i.e.,
first in 1791 and recently in 1958. Since then, it has become a practice in all democracies to
have a written constitution.
 A compilation of basic rules is called a constitution, and these rules are comprehensive that
define −
1. The powers of the elected governments to do things;
2. The limitations for not to do certain things;
3. Fundament rights of the citizen; and
4. How the rulers are to be chosen in future.
Historical Background
 In 1928, Motilal Nehru and eight other Congress leaders drafted a constitution for India.
 In 1931, Indian National Congress in its session at Karachi passed a resolution on how the
constitution of independent India should look like.
 Both these two documents have included the right of universal adult franchise, right to
freedom and equality, and to protecting the rights of minorities.

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 Later, the provisions of these documents provided a background of the certain basic values,
which were accepted by all leaders and included in the constitution of independent India.
 British rule had introduced weak legislatures in India by the given voting rights to a few elite
persons only.
 Elections were held in 1937 to Provincial Legislatures all over British India, which were not
fully democratic governments. However, the working with these legislative institutions
provided useful experience to Indians, which helped in setting up native institutions in
independent India.
 Like South Africa, India’s Constitution was also drawn up under very difficult circumstances.
 The makers of the Indian Constitution have adopted its fundamental structure from the
Government of India Act 1935.
The Constituent Assembly
 The Constituent Assembly was the body of elected representatives of the people of India.
 Elections for the Constituent Assembly were held in July 1946 and its first meeting was
convened in December 1946.
 On Partition, the Constituent Assembly was also divided into two parts called as the
Constituent Assembly of India and the Constituent Assembly of Pakistan.
 The Constituent Assembly of India that drafted the Indian Constitution had 299 members.
 The Constituent Assembly of India had adopted the Constitution on 26 November 1949, but
it came into effect on 26 January 1950.
Factors of Constitution Formation
 The factors that contributed to the making of Indian Constitution were −
a. French Revolution;
b. Parliamentary democracy in Britain;
c. Bill of Rights in the US; and
d. Socialist revolution in Russia.
Key Features of Indian Constitution
 Following are the important features of the Indian Constitution −
o Indian Constitution is a ‘written’ constitution.
o Indian Constitution is ‘flexible’ (it can be amended), but it is also ‘rigid’ (as some part, i.e.,
its ‘basic structure’ cannot be amended).
o Indian Constitution is ‘Unitary’ (as Center has more power), but it is also ‘Federal’ (as
power is divided between the Center and the State).
Other Facts of Constitution
 The Indian National Congress made a demand for a Constituent Assembly in 1934, which
came into existence for drafting the constitution of India on 9 December 1946.
 The Constituent Assembly drafted the Constitution for independent India between 9
December 1946 and 26 November 1949.

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 We, the people of India, have adopted and enacted the Indian Constitution on 26 November
1949; however, it was made fully functional on 26 January 1950.
 Constitution is a fundamental set of rules and principles on the basis of which the people of
this country obliged to be governed by.
 The fundamental rules of Constitution define the type of government and its constituent’s
parts as well as the nature of the policies to be adopted by the country.
 So, the Constitution serves as a pivot in striking a balance between the differences and
provides safeguards to the interests of each of its citizen.
 Likewise, the Constitution of India makes India a democratic country and determines −
o The procedures of government formation;
o The methods and process of government’s functionality; and
o The process of interactions among the different parts of the government in the specific area of
their work.
 In addition, the Constitution also defines a list of Fundamental Rights that are an important
part of the Constitution to protect the interest of every citizen against the tyranny of the state
as well as from the dominance of a particular community (Who are in majority and in power).
 The Constitution is the supreme law of the land and the source of all the powers and authority
of the government and its organs. Likewise, the government not only derives its origins from
the Constitution, but discharges its functions and responsibilities within the framework of the
Constitution.
Guiding Values of the Constitution
o India is a Republic Nation and the President of India is the head of the nation. He/she is
elected every five years.
o The provisions are written in the Constitution to guarantee Justice for all. No one can be
discriminated on the grounds of caste, religion, and gender. Social inequalities on any
grounds of caste, religion, and gender are strictly prohibited.
o Welfare for all citizens is the prime objective of the Government; besides, the government
also needs to give special attention, particularly to the underprivileged sections of the society.
o The important values of Indian constitutions are depicted in the following

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Liberty
o The Constitution provides every citizen a number of liberties and freedoms under Article 19
to 21, 21A, and 22. It is established that no unreasonable restrictions can be imposed upon
citizens to regulate their freedom.
o Right to Freedom under Article 19 includes −
 The right to freedom of speech and expression;
 The right to form association;
 The right to move freely;
 Reside in any part of the country; and
 The right to practice any profession, occupation, or business.
Equality
o The Constitution states that all citizens are equal before the law and the government should
ensure that the traditional practice of social inequalities on the grounds of caste, religion, and
gender has to be ended.
o Right to Equality is enshrined under Articles 14 to 18 of the Indian Constitution of India,
which guarantees the right to equality to all persons and prohibits any kind of discrimination
against any citizen on any of the grounds of religion, race, caste, gender, and place of birth.
o Article 14 provides that all persons are equal before the law. This means that all persons shall
be equally protected by the laws of the country.
o Article 15 states that no citizen can be discriminated against on the basis of his/her religion,
race, caste, sex, or place of birth.
o Article 16 states that the State cannot discriminate against anyone in matters of employment.
o Article 17 abolishes the practice of untouchability from India. It provides that every person
has access to all public places including playgrounds, hotels, shops, etc.
o Right against Exploitation is enshrined under Article 23 to 24 of the Constitution of India. It
provides fundamental right against exploitation to every citizen of India.
o Article 23 of the Constitution provides for prohibition of any kind of forced labor and any
violation of this provision shall be an offence punishable in accordance with the law.
o Article 24 protects the children by stating that no child below the age of 14 shall be employed
to work in any factory or mines or any other hazardous employment.

Fraternity
o All the Indians are members of a family, no one is inferior or superior, all are equal and have
same rights and duties.
Sovereignty
o The government of India is free to take any decision on internal as well as external matters
and no external power can dictate it.
Socialist

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o In a socialist country, citizens have the right to property but the government should regulate it
by law, the socio-economic activities to reduce inequalities in the society and hence, every
citizen has equal right to share the resources of the country.
o The concept of social justice was adopted by the 42nd amendment of Constitution that
enables courts to uphold provisions to remove economic inequalities in our society.
Secular
o India is a secular country. There is no official religion of the government and the government
treats all the religions equally.
o Articles 25 to 28 provide ‘Right to freedom of Religion’ for every citizen. This is a
Fundamental Right that allows every individual a freedom to live by their religious beliefs
and practices as they interpret these beliefs.
o Cultural and Educational Rights (Article 29 to 30) state that all minorities, religious or
linguistic, having a distinct language, script or culture of its own, (they) can set up their own
educational institutions in order to preserve and develop their language, script, or culture.
Democratic
o The democratic system of government runs according to some basic principles, which are
collectively called as ‘Rule of Law.’
o In a democratic form of the government, the people of the country enjoy equal political
rights, choose to elect and change their representatives, and hold them accountable.

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Introduction
o The Indian Constitution has been formed after ransacking all the major constitutions of the
world; however, at the same time, the framers have also considered the following factors −
 Historical perspective of India;
 Geographical diversity of India; and
 Cultural and traditional characteristics of India.
Major Sources
The following table illustrates the major sources of Indian Constitution –

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 How the Constitution works
o A constitution is a set of fundamental principles according to which a state is constituted or
governed.
o The Constitution specifies the basic allocation of power in a State and decides who gets to
decide what the laws will be.
o The Constitution first defines how a Parliament will be organized and empowers the
Parliament to decide the laws and policies.
o The Constitution sets some limitations on the Government as to what extent a Government
can impose rules and policies on its citizen. These limits are fundamental in the sense that the
Government may never trespass them.

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o The Constitution enables the Government to fulfil the aspirations of a society and create
conditions for a just society.
Distribution of Power
o The Indian Constitution horizontally distributes power across the three following institutions,
as depicted in the following illustration −

The Parliament
o All the elected representatives collectively form a body called as Parliament.
o The Parliament consists of two houses namely Rajya Sabha (Upper House) and Lok Sabha
(Lower House).

o The majority group (elected through the election) in the Parliament is called upon to make the
government.
o The government is responsible for making policies and other national decisions, which are
generally taken up after intensive debate and meaningful discussions in the parliament.
o The Prime Minister is the head of the government. The prime minister presided over the
meetings of the cabinet in which the big decisions are taken.

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 The Executive
o The President of India is the head of the State; however, he/she exercises only nominal
powers.
o The President’s functions are mainly ceremonial in nature (similar to the Queen of Britain).
o The following diagram illustrates the hierarchy of the Indian Government −

The Judiciary
o The judicial system in India contains a hierarchy of courts, where the Supreme Court is the
apex court of India.

o Besides, some constitutional and other independent statutory bodies, for example, the
Election Commission has also been given independent power.
o The distribution of power among different bodies in such a way ensures that even if one
institution wants to subvert the Constitution, others can check its transgressions and maintain
harmony.
Union & its Territory
 Articles 1 to 4 under Part I of the Constitution describe the Union and its Territory.

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 Article 1 (1) states that India, that is Bharat, shall be a Union of States.
 Article 1 (2) states that the States and the territories thereof shall be as specified in the First
Schedule.
 Article 1 (3) states that the territory of India shall comprise −
 The territories of the States;
 The Union territories specified in the First Schedule; and
 Such other territories as may be acquired.
 There are a total of 29 States, 6 Union Territories, and 1 National Capital Territory (as shown
in the map given above).
 Article 2 states that the Parliament may by law admit into the Union, or establish new States
on such terms and conditions as it thinks fit.
 Article 3 states that the Parliament may by law form a new State by separation of a territory
from any State or by uniting two or more States or parts of States or by uniting any territory
to a part of any State.
 Article 4 states that any law referred to in Article 2 or Article 3 shall contain such provisions
for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give
effect to the provisions of the law and may also contain such supplemental, incidental, and
consequential provisions (including provisions as to representation in Parliament and in the
Legislature or Legislatures of the State or States affected by such law) as the Parliament may
deem necessary.
Citizenship
 Articles 5 to 11 under Part II of the Constitution describe the citizenship.

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 Article 5 states that at the commencement of this Constitution, every person who has his
domicile in the territory of India and −
 who was born in the territory of India; or
 either of whose parents was born in the territory of India; or
 who has been ordinarily resident in the territory of India for not less than five years
immediately preceding such commencement, shall be a citizen of India.
 Article 6 states that notwithstanding anything in Article 5, a person who has migrated to the
territory of India from the territory now included in Pakistan shall be deemed to be a citizen
of India at the commencement of this Constitution.
 Article 7 states that notwithstanding anything in Articles 5 and 6, a person who has after the
first day of March, 1947, migrated from the territory of India to the territory now included in
Pakistan shall not be deemed to be a citizen of India.
 Article 8 states that notwithstanding anything in Article 5, any person who or either of whose
parents or any of whose grand-parents was born in India as defined in the Government of
India Act, 1935, and who is ordinarily residing in any country outside India as so defined
shall be deemed to be a citizen of India if he has been registered as a citizen of India by the
diplomatic or consular representative of India in the country where he is for the time being
residing on an application made by him therefor to such diplomatic or consular
representative, whether before or after the commencement of this Constitution, in the form
and manner prescribed by the Government of the Dominion of India or the Government of
India.
 Article 9 states that no person shall be a citizen of India by virtue of Article 5, or be deemed
to be a citizen of India by virtue of Article 6 or Article 8, if he has voluntarily acquired the
citizenship of any foreign State.
 Article 10 states that every person who is or is deemed to be a citizen of India under any of
the foregoing provisions of this Part shall, subject to the provisions of any law that may be
made by the Parliament, continue to be such citizen.
 Article 11 states that nothing in the foregoing provisions of this Part shall derogate from the
power of Parliament to make any provision with respect to the acquisition and termination of
citizenship and all other matters relating to citizenship.

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Fundamental Rights
 The Constitution of India listed the rights to the citizens of India that would be specially
protected and known as the ‘Fundamental Rights.’

 ‘Fundamental’ means the Constitution has separately listed and made special provisions for
the protection of ‘Fundamental Rights.’
 Fundamental Rights are different from other rights (i.e. ordinary legal rights) available to the
citizens of India.
 Ordinary legal rights are protected and enforced by ordinary law; but Fundamental Rights are
protected and guaranteed by the Constitution of India.
 Furthermore, the preamble to our Constitution speaks of ensuring all its citizens equality,
liberty, and justice. Fundamental Rights put this promise into effect.
 Fundamental Rights are very essential to everyone’s life. They are the basic feature of the
Constitution.
 The Constitution of India provides six Fundamental Rights, which are mentioned in Articles
12 to 35 in Part-III (of Constitution).

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 Right to Equality
 The Rule of law is the foundation of Indian democracy that states that the laws apply in the
same manner to all, irrespective of a person’s status. It means that the Prime Minister of the
country or a poor farmer in a remote village is subject to the same law and equal treatment.
 Article 14 states that the government shall not deny to any person, equality before the law or
the equal protection of the laws, which means −
 Laws apply in the same manner to all;
 No person is above the law;
 Every citizen is subjected to the same laws and same treatment;
 No person can legally claim any special treatment or privilege on any of the ground; and
 Law makes no distinction between a political leader, a government official, and an ordinary
citizen.
 Article 15 states that no citizen can be discriminated against on the basis of his/her religion,
race, caste, sex, or place of birth.

 Article 15 further enhanced the Right to Equality by providing that every citizen shall have
equal access to public places like shops, restaurants, hotels, and cinema halls. Similarly, there
shall be no restriction with regard to the use of wells, tanks, bathing ghats, roads,
playgrounds, and places of public resorts maintained by the government.
 Article 16 states that the State cannot discriminate against anyone in the matters of
employment.
 Article 17 abolishes the practice of untouchability in any form, which states that every person
has access to all public places including playgrounds, hotels, shops, etc.
Right to Freedom
 Freedom means non-interference and absence of restrictions in one’s affairs by others,
whether it be the individuals or the Government.

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 The Constitution of India provides all citizens ‘freedom’ under Article 19 to do any of these
following acts −
 Right to Freedom of speech and expression;
 Right to form assembly in a peaceful manner;
 Right to form associations and unions;
 Right to move freely throughout the country;
 Right to reside in any part of the country; and
 Right to Practice any profession, or to carry on any occupation, trade, or business.
 However, there are certain reasonable restrictions that can be imposed upon the citizens by
the Government in the larger interests of the society.
 Likewise, though every citizen has the right to all these freedoms, but it is subject to
reasonable restrictions such as −
 The expression of freedoms should not cause public nuisance or disorder.
 This freedom of one should not violate others’ right to freedom.
 Freedom is not unlimited right to do what one wants.
 Accordingly, the government can impose certain reasonable restrictions (on freedoms of
citizens) in the larger interests of the society.
 The Honorable Supreme Court of India has explained the ‘freedom’ under Article 21 as −
 No citizen can be killed unless the court has ordered a death sentence.
 No person can be arrested or detained by the police officer unless he has proper legal
justification.
 As per the guidelines settled by the Hon’ble Supreme Court of India, a police officer while
arresting a person has to follow some procedures −
 The police officer is duty bound to inform the person (in case of his arrest), the reason/s of his
arrest and detention and the person so arrested has the right to know the reason for his arrest.
 It shall be the duty of the police officer to produce the arrested person before the nearest
magistrate within a period of 24 hours of arrest.
 The arrested person has the right to consult a lawyer of his choice for his defense.
Right against Exploitation
 The Constitution of India provides distinct and clear provisions to prevent exploitation of the
weaker sections of the society.

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 The Constitution prohibits the following practices as evil and declares them illegal −
 Trafficking of human beings, i.e., the selling and buying of human beings, (generally, women
and children are the victims of trafficking).
 Forced labor or beggar in any form is illegal and is prohibited (beggar is work or service
without remuneration, which is called as bonded labor if this practice runs through life of the
worker).
 Child labor is also prohibited. The children below 14 years of age, cannot be employed to
work in any factory or mine or in any other hazardous work, such as railways and ports.
 The Parliament of India has enacted laws to implement constitutional right that prohibits
children below 14 years of age from working in hazardous industries such as beedi making,
firecrackers and matches, printing, and dyeing.
Right to Freedom of Religion
 India is a secular state, which means the State has no official religion and India does not
promote/protect any one religion over the other religion.

 The Fundamental Rights under Articles 25 to 28 facilitate individuals the freedom to live by
their religious beliefs and practices as they interpret these beliefs.
 Every citizen in India has liberty to profess, practice, and propagate the religion that he or she
believes in.
 Every sect or a religious group is free to manage its religious affairs, but it is subject to
reasonable restrictions debarring, any person, or organization to compel another person to
convert into his religion by means of force, fraud, inducement, or allurement.
 This right is in the form of restrictions upon the government not to compel any person to pay
any taxes for the promotion or maintenance of any particular religion or religious institution.
 In the educational institutions run or added by the government, neither any religious
instruction can be imparted nor can any person be compelled to take part in any religious
instruction or to attend any religious worship.
Cultural and Educational Rights

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 The democracy is based upon the wishes of the majority. In this system, the right and interest
of the minorities need to be protected by developing a mechanism that cannot be changed
prejudicially by the majority.
 Therefore in a democratic country, Special Protection is provided in the constitution to
preserve and develop the language, culture, and religion of minorities.
 Any section of citizens with a distinct language or culture has the right to conserve its
language, culture, and religious practices.

 Articles 29 and 30 provide Cultural and Educational Rights, which states that all minorities,
religious or linguistic groups, having a distinct language, script or culture of its own can set
up their own educational institutions in order to preserve and develop their language, script,
or culture.
Right to Constitutional Remedies
 A person aggrieved by the violation of any of his/her fundamental right can approach either
to the Supreme Court (under Article 32) or High Court (under Article 226) for the restoration
of his/her fundamental right/s.
 The enforceability of rights is a very important aspect of all fundamental rights and hence, it
is called as the “Right to Constitutional Remedies.”
 According to Dr. Ambedkar, the right to constitutional remedies is the ‘heart and soul
of the Constitution.’

 If someone violates someone’s Fundamental Rights, then he/she can approach either a High
Court or directly the Supreme Court to get proper remedy.
 The Supreme Court or the High Court (as the case may be) can issue orders (known as writs)
and give directives to the Government for the enforcement of Fundamental Rights.

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 Following are the five writs/orders issued by either the Supreme Court or High Courts
 Habeas corpus − A writ of habeas corpus means that the court orders that the arrested person
should be presented before the court. The court can also order to set free an arrested person if
the manner and/or grounds of arrest are not lawful or satisfactory.
 Mandamus − This writ is issued when a court finds that a particular office holder is not doing
legal duty and thereby is infringing on the right of an individual.
 Prohibition − This writ is issued by a higher court (High Court or Supreme Court); when a
lower court has considered a case, which is going beyond its jurisdiction.
 Quo Warranto − If a court finds that a person is holding office but is not entitled to hold that
office, it issues the writ of quo warranto and restricts that person from acting as an office
holder.
 Certiorari − Under this writ, a higher court orders a lower court or another authority to
transfer a matter pending before it to the higher authority or court.
 Apart from the judiciary, some other bodies and mechanisms that protect an individual’s right
are −
 The National Commission on Minorities,
 The National Commission on Women,
 The National Commission on Scheduled Castes, etc.
 In 1993, the Government of India has established ‘National Human Rights Commission’
(NHRC), which consists of −
 A former chief justice of the Supreme Court of India;
 A former judge of the Supreme Court;
 A former chief justice of a High Court, and
 Two other members who have knowledge and practical experience in the matters relating to
human rights.
 However, NHRC does not have the power of prosecution. It can merely make
recommendations to the government or recommend to the courts to initiate proceedings based
on the inquiry that it conducted.
Expansion and Scope of Fundamental Rights
 Since independence, the scope of Fundamental Rights have expanded greatly to include
several other rights from time to time.
 The Fundamental Rights embedded in our constitution are the source of all rights, based on
this, the Government of India enacted several laws e.g. −
 Right to information,
 Right to freedom of press, and
 Right to education.
 The Parliament of India has amended the Constitution to include ‘school education’ as a
Fundamental Right for the Indian citizens. Resultantly, now it is the duty and responsibility

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 of the governments to provide free and compulsory education to all children up to the age of
14 years.
 The Parliament has enacted a law ‘right to information act’ under the Fundamental Right to
freedom of thought and expression, which provides a right to seek information from the
government offices.
 The Supreme Court of India by explaining the Fundamental Rights has further expanded the
scope and meaning of the Fundamental Rights, as it included ‘right to food’ in the ‘right to
life’ section (i.e. Article 21).
Directive Principles of State Policy
Introduction
 A list of policy guidelines is included in the Constitution known as “the Directive Principles
of State Policy” (DPSP).
 These guidelines are ‘non-justifiable’, i.e., parts of the Constitution that cannot be enforced
by the judiciary.

Goals of DPSP
 Following are the significant Goals of DPSP −
 Welfare of the people; Social, economic, and political justice;
 Raising the standard of living; equitable distribution of resources;
 Promotion of international peace.
Policies of DPSP
 Following are the important Policies of DPSP −
 Uniform civil code;
 Prohibition of consumption of alcoholic liquor;
 Promotion of cottage industries;
 Prevention of slaughter of useful cattle;
 Promotion of village panchayats
Non - Justifiable rights of DPSP
 Following are the major non-justifiable rights of DPSP −
 Adequate livelihood;
 Equal pay for equal work for men and women;
 Right against economic exploitation;
 Right to work; and
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 Early childhood care and education to children below the age of six years.
Difference between DPSP & FR
 Following are the major differences between the Fundamental Rights and the Directive
Principles of State Policy −
 The Fundamental Rights mainly protect the rights of individuals, while the directive
principles ensure the well-being of the entire society.
 The Fundamental Rights are justifiable and can be claimed in the court of law, whereas the
Directive Principles of State Policy cannot be enforced by the judiciary.
 The Fundamental Rights restrain the government from doing certain things, while the
Directive Principles of State Policy insist the government to do certain things.
 Regarding the Right to Property, the Constitution made it clear that property could be taken
away by the government for public welfare.
 In 1973, the Supreme Court gave a decision that the Right to Property was not a part of the
basic structure of the Constitution and therefore, the Parliament has the power to abridge this
right by an amendment.
 In 1978, the 44th amendment to the Constitution removed the Right to Property from the list
of Fundamental Rights and transformed it into a simple legal right under Article 300 A.

Fundamental Duties
Under Part IV ‘A’, Article 51A of the Indian Constitution describes the following
"Fundamental Duties" (i.e. the duty of every citizen of India).
1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the
National Anthem;
2. To cherish and follow the noble ideals which inspired our national struggle for freedom;

3. To uphold and protect the sovereignty, unity and integrity of India;

4. To defend the country and render national service when called upon to do so;
5. 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;
6. To value and preserve the rich heritage of our composite culture;

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7. To protect and improve the natural environment including forests, lakes, rivers and wild life,
and to have compassion for living creatures;
8. To develop the scientific temper, humanism and the spirit of inquiry and reform;
9. To safeguard public property and to abjure violence;
10. To strive towards excellence in all spheres of individual and collective activity so that the
nation constantly rises to higher levels of achievement; and
11. Who is a parent or guardian to provide opportunities for education to his child or, as the case
may be, ward between the age of six and fourteen years.

MODULE- II
Union Excutive and State Excutive
Union Executive
Introduction
 The organ of a government that primarily looks after the function of implementation and
administration is known the Executive.
 The Executive is the branch of Government accountable for the implementation of laws and
policies legislated by the legislature.
 In the Parliamentary form of executive, the Prime Minister is the head of the government and
the head of the State may be Monarch (Constitutional Monarchy, e.g. UK) or President
(Parliamentary Republic, e.g. India).
 In a Semi-Presidential System, the President is the head of the State and the Prime Minister is
the head of the government, e.g. France.
 In a Presidential System, the President is the head of the State as well as the head of
government, e.g. the US.
Indian System
 Article 74 (1) of the Indian Constitution states that “there shall be a Council of Ministers with
the Prime Minister at the head to aid and advise the President who shall in the exercise of his
functions, act in accordance with such advice.”
 The President has a wide range of power including executive, legislative, judicial, and
emergency powers. However, in a parliamentary system (e.g. India), these powers are in
reality used by the President only on the advice of the Council of Ministers.
 The Prime Minister and the Council of Ministers have support of the majority in the Lok
Sabha and they are the real executive.
 The President is the formal head of the government.
 The Prime Minister is obliged to furnish all the information that the President may call for.
 The Council of Ministers is headed by the Prime Minister.

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 In the parliamentary form of executive, it is essential that the Prime Minister has the support
of the majority in the Lok Sabha. And the moment the Prime Minister loses this support of
the majority; he or she loses the office.
 In case no party is in majority, a few parties can form government ‘in coalition.’
 A Prime Minister has to be a Member of Parliament (MP); however, if someone becomes the
Prime Minister without being an MP; in such as case, he or she has to get elected to the
Parliament within six months of period.
 The Council of Ministers constitutes not more than 15 percent of a total number of members
of the House of the People (91st Amendment).
 Persons selected by the Union Public Service Commission for Indian Administrative Service
(IAS) and Indian Police Service (IPS) constitute the backbone of the higher level bureaucracy
in the States.
 Though IAS and IPS work under the state government, they are appointed by the central
government; hence, only the central government can take disciplinary action against them.
However, the officers appointed through the State Public Service Commission look after the
state administration.
The President – Ram Nath Kovind
 The President of India is the head of the State. He exercises only nominal powers. His
functions are mainly ceremonial in nature like the Queen of Britain.
 All the political institutions in India, function in the name of the President of India and the
President supervises their functions to bring harmony in their works to achieve the objectives
of the State.
 In India, the President is elected, not appointed, (although not elected directly by the people).
The President is elected by the Members of Parliament (MPs) and the Members of the
Legislative Assemblies (MLAs) of each state.
 Participation of Members of the state’s Legislative Assemblies in the election of the president
of India shows that the President of India represents the entire nation. At the same time, the
indirect election of the President ensures that he cannot claim popular mandate like that of the
Prime Minister and thus remains only a nominal head of the State.
 All major policy decisions and orders of the government are issued in the President’s name.
 The President appoints all the major heads of the institutions of the government, i.e.,
 The appointment of the Chief Justice of India,
 The Judges of the Supreme Court and the High Courts of the states,
 The Governors of the states,
 The Election Commissioners,
 Ambassadors to other countries, etc.
 The government of India makes all international treaties and agreements in the name of the
President.

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 The President is the supreme commander of the defence forces of India.
 However, all these powers are exercised by the President only on the advice of the Council of
Ministers headed by the Prime Minister.
 The President can ask the Council of Ministers for reconsideration on any advice (asked to
him by the Council of Ministers), but if the Council of Ministers recommend the same advice
again, he is bound to act according to it.
 A Bill passed by the Parliament becomes a law only after the President gives assent to it. The
President can return a Bill back to the Parliament for reconsideration, but he has to sign it, if
the Parliament passes the Bill again (with or without amendment).
Discretionary Power
 In three circumstances, the President can exercise his or her discretionary power −
 The President can send back the advice given by the Council of Ministers for reconsideration.
 The President has veto power (also known as ‘pocket veto’) by which he or she can withhold
or refuse to give his or her assent to any Bill (other than Money Bill) passed by the
Parliament. It happened once, i.e. in 1986, President Gyani Zail Singh withheld the “Indian
Post Office (amendment) Bill.”
 The President appoints the Prime Minister.
Vice President – Venkaih Naidu
 The Vice President is elected for five years and the election method is similar to that of the
President; however, the only difference is that the members of State legislatures do not
participate in the Electoral process.
 The Vice President acts as the ex-officio Chairman of the Rajya Sabha.
 The Vice President takes over the office of the President when there is a vacancy by reasons
of death, resignation, removal by impeachment, or otherwise.
 The Vice President may be removed from his or her office by a Resolution of the Rajya
Sabha passed by a majority and agreed to by the Lok Sabha.
Union Legislature
 The Union Legislature of India is not only the lawmaking body, but the center of all
democratic political process.
 The Parliament is the central legislature and the legislature of the state is known as ‘State
Legislature.’
 The Parliament of India is bicameral (i.e. consists of two houses) namely Rajya Sabha (the
Council of States) and Lok Sabha (the House of the People).
 Indian states also have the option to have either bicameral or unicameral; however, at present,
there are seven states (shown in the map given below), which have bicameral legislature
namely −
 Jammu & Kashmir,
 Uttar Pradesh,

23
 Bihar,
 Maharashtra,
 Karnataka,
 Andhra Pradesh, and
 Telangana.

Rajya Sabha
 The Rajya Sabha is an indirectly elected body and represents the States of India.
 The elected members of State Legislative Assembly elect the members of Rajya Sabha.
 In the U.S.A, every state has equal representation in the Senate irrespective of size and
population of the states, but in India, it is not the same.
 In India, states with larger size of population get more representatives than states with smaller
population. For example, Uttar Pradesh (the most populated state) sends 31 members to Rajya
Sabha; on the other hand, Sikkim (the least populated state) sends only one member to Rajya
Sabha.
 The number of members to be elected from each State has been fixed by the fourth schedule
of the Constitution.
 Members of the Rajya Sabha are elected for a term of six years and then they can be re-
elected.
 Members of Rajya Sabha are elected in such a manner that they do not complete their tenure
altogether; rather after every two years, one-third member complete their term and elections
are held for those one-third seats only.
 Likewise, the Rajya Sabha never gets fully dissolved and hence, it is known as the
permanent House of the Parliament.
 Apart from the elected members, the President appoints 12 members from the fields of
literature, science, art, and social service.
Lok Sabha
 The members of Lok Sabha and the State Legislative Assemblies are directly elected by the
people for the period of five years.

24
 However, before the completion of tenure, if the Lok Sabha is dissolved (no party forms
government with majority), a fresh election will be conducted again.
Functions of the Parliament
 The Parliament has legislative (law making) and financial functions (money bill and
budgetary function); besides, it also controls the Executive and ensures its accountability.

 The Parliament is the highest forum of debate in the country and hence, there is no limitation
on its power of discussion.
 The Parliament has the power of discussing and enacting changes to the Constitution (i.e.
amendment power).
 The Parliament also performs some electoral functions, as it elects the President and the Vice
President of India.
 The Parliament has also judicial functions, as it considers and decides the proposals for the
removal of President, Vice-President, and Judges of the Supreme Court and High Courts.
 Following are the some distinct powers of Lok Sabha and Rajya Sabha −
 Lok Sabha makes ‘Laws’ on matters included in Union List and Concurrent List and can
introduce and enact money and non-money bills.
 Rajya Sabha considers and approves non-money bills and suggests amendments to money
bills.
 Lok Sabha approves proposals for taxation, budgets, and annual financial statements.
 Rajya Sabha approves constitutional amendments.
 Lok Sabha establishes committees and commissions and considers their reports.
 Rajya Sabha can give the Union parliament power to make laws on matters included in the
State list.
Special Powers of Rajya Sabha
 Rajya Sabha has some special powers. If the Union Parliament wishes to remove a matter
from the State list (over which only the State Legislature can make law) to either the Union
List or Concurrent List in the interest of the nation, the approval of the Rajya Sabha is
essential.
Special Powers of Lok Sabha

25
 Regarding Money Bills, the Lok Sabha has the exclusive power and hence, the Rajya Sabha
cannot initiate, reject, or amend money bills.
 Amendment/s made by the Rajya Sabha to the Money Bill may or may not be accepted by the
Lok Sabha.
Bills
 A bill proposed by a minister is described as Government Bill; however, if a bill proposed
by a non-minister member, it is known as private member’s Bill.
 If there is disagreement between the two Houses on a proposed Bill, then it is resolved
through the Joint Session of Parliament.
 Regarding the Money Bill, if the Rajya Sabha does not take any action within 14 days, the
bill is deemed to have been passed.
Other Facts
 Zero Hour is a special part of Question Hour where the members are free to raise any matter
that they think is important; however, the ministers are not bound to reply.

 Deliberation and discussion, Approval or Refusal of laws, financial control, No confidence

motion, are different instruments of Parliamentary control.
 Standing Committees, Joint Parliamentary Committees, etc. are the important committees of
the Parliament; their main functions are studying the demands for grants made by various
ministries, looking into expenditure incurred by various departments, investigating cases of
corruption, etc.
 An amendment to the Constitution (52nd amendment act) was made in 1985, popularly
known as an anti-defection amendment.
 According to anti-defection amendment, there was an agreement among the parties that a
legislator who is elected on one party’s ticket must be restricted from ‘defecting’ to another
party.
 The presiding officer of the House is the authority who can take the final decisions on all
anti-defection cases.

26
 If a member remains absent in the House when asked by the party leadership to be present or
votes against the instructions of the party or voluntarily leaves the membership of the party, it
is tantamount to defection.
Prime Minister and Council of Ministers
 The Council of Ministers is one the most powerful political institutions in the country. Prime
Minister is the head of the Council of Ministers (as well as the central government).
 There is no direct election to the post of the Prime Minister (PM), but the Prime Minister is
chosen normally from the elected MPs.
 The Prime Minister is appointed by the President of India. The President appoints a person as
Prime Minister who is the leader of the party having the majority in the Lok Sabha.

 The Prime Minister continues in power for five-year term OR so long as he commands the
majority party or coalition.
 The President appoints other ministers on the advice of the Prime Minister.
 The Prime Minister is free to choose his ministers from the members of Parliament.
 A person who is not a Member of Parliament can also become a minister. But such a person
has to get elected to one of the Houses of the Parliament within six months of appointment as
minister.
 All the Ministers collectively in a group are officially called as Council of Ministers;
however, the Ministers have different ranks and portfolio.
 The different categories of the ministers are −
 Cabinet Ministers are the most experienced and top-level leaders of the ruling party. They
usually hold the charge of the major ministries like Finance, Defense, Home, External
Affairs, Food and Supply, etc. The decisions of the government are generally taken up in the
meeting of the Cabinet Ministers headed by the Prime Minister. Thus the Cabinet is the core
group of ministers within the Council of Ministers.
 Ministers of State with independent charge usually hold independent charge of smaller
Ministries. They generally do not participate in the Cabinet meetings but may participate
when specially invited.
 Ministers of State are generally appointed to assist Cabinet Ministers.

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 Local Government
Introduction
 Local government is the government of the village and district level. It is the government
closest to the common people that involves in day-to-day life and attempt to resolve problems
of ordinary citizens.
 Democracy is in fact about meaningful participation and also about accountability. Hence,
strong and vibrant local governments ensure both active participation and purposeful
accountability.
 The hierarchy of different levels of Governments (of India) is shown in the following image −

Evolution of Local Government

 In 1882, Lord Rippon, the-then Viceroy of India, took the initiative to form elected local
government body.
 Following the Government of India Act 1919, village Panchayats were established in many
provinces and the trend continued after the Government of India Act of 1935.
 When the Constitution was prepared, the subject of local government was assigned to the
States and it was one of the provisions of the Directive Principles of State Policy.
 After the independence, a three-tier Panchayati Raj system of local government was
recommended for the rural areas; resultantly, some of the states including Gujarat and
Maharashtra adopted the system of elected local bodies (1960).
 After 1987, a thorough review of the functioning of local government institutions was
initiated and in 1989, the P. K. Thungon Committee recommended constitutional recognition
to the local government bodies.

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 Finally, in 1992, the 73rd and 74th Constitutional Amendments were passed by the
Parliament.
 The 73rd Amendment is about the rural local governments, which are also known as
Panchayati Raj Institutions (PRIs).
 The 74th Amendment made the provisions relating to the urban local government (also
known as Nagarpalikas).
Panchayati Raj
 Following the 73rd Amendment, all states now have a uniform three tier Panchayati Raj
structure as −
 Gram Panchayat − At the bottom level;
 Mandal (also known as Block or Taluka) − Intermediary level; and
 Zilla Panchayat − At the top level.
 A Gram Panchayat covers a village or group of villages.
 The intermediary level is the Mandal covers Block (i.e. a group of gram panchayat).
 The Zilla Panchayat covers the entire rural area of the District.
 All the three levels of Panchayati Raj Institutions are elected directly by the people for five
years term.
 One-third of the positions in all panchayat institutions are reserved for the women.
 Twenty-nine subjects (of 11th Schedule of the Constitution), which were earlier in the State
list, are transferred to the Panchayati Raj Institutions.

 The 73rd Amendment was not made applicable to the areas inhabited by the Adivasi
populations in many states of India; however, a separate provision was passed in 1996 for
these areas.
 The State government is required to appoint a State Election Commissioner (independent of
Election Commission of India) who would be responsible for conducting elections in the
Panchayati Raj Institutions.
 The state government is required to appoint a State Finance Commission once in five years.
Nagarpalika
 The 74th Amendment dealt with urban local bodies (Nagarpalikas or Municipality).
 The Census of India defines an urban area as −

29
 A minimum population of 5,000;
 At least 75% of male working population engaged in non-agricultural occupations, and
 A density of population is at least 400 persons per sq. km.
 As per the 2011 census (provisional data), about 31 percent of India’s population lives in
urban areas.
 Many provisions of 74th Amendment are similar to 73rd Amendment.
 The functions of Nagarpalika have been listed in the Twelfth Schedule of the Constitution.
 The Indian population has 16.2 percent Scheduled Castes (SC) and 8.2 per cent Scheduled
Tribes (ST) and accordingly, the seats for both SC and ST are reserved in local government.
Judiciary
 Judiciary is an independent body that protects and ensures the ‘rule of law.’

 Any other organs of the government including the executive and legislature must not restrain
the functioning of the judiciary.
 The judicial system in India is in the form of an integrated judiciary, which consists of a
Supreme Court for the whole nation, High Courts in each state, and District Courts and the
courts at the local level (as shown in the diagram given below).

 The Supreme Court controls the judicial administration and the judgments of the Supreme
Court are binding on all other courts of the country.

Judges of Supreme Court - Current CJI Dipak Mishra

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 The Judges of the Supreme Court (and the High Courts) are appointed by the President (of
India) after ‘consulting’ the Chief Justice of India (CJI).
 Normally, the senior-most judge of the Supreme Court of India is appointed as the Chief
Justice of India (CJI); however, this convention was broken two times −
 In 1973, A. N. Ray was appointed as CJI superseding three senior Judges and
 In 1975, Justice M.H. Beg was appointed superseding Justice H.R. Khanna.
 A judge of the Supreme Court (or High Courts) can be removed only on the ground of proven
misbehavior or incapacity.
 A motion containing the charges against the judge must be approved by special majority in
both the Houses of Parliament; only then a judge can be removed.
Jurisdictions of Supreme Court
 The Supreme Court of India acts as the highest court of appeal in civil and criminal cases. It
hears appeals against the decisions of the High Courts. However, the Supreme Court hears
any case if it pleases to do so.
 The Supreme Court has got jurisdiction to take up any dispute such as −
 Between citizens of the country;
 Between citizens and government;
 Between two or more state governments; and
 Between governments at the union and state level.
 The Supreme Court and the High Courts are the custodian of our constitution. They have the
power to interpret the Constitution of the country.
 The Supreme Court can declare any law of the legislature or the actions of the executive
unconstitutional if such a law or action is against the provisions of the Constitution.
 The Supreme Court has ‘Original Jurisdiction’. It means – some cases can be directly
considered by the Supreme Court without going to the lower courts.
 The Supreme Court has ‘Writ Jurisdiction’. It means - any individual, whose fundamental
right has been violated, can directly go to the Supreme Court for appropriate remedy.
 The Supreme Court is the highest court of appeal (Appellate Jurisdiction). It means - a
person can appeal to the Supreme Court against the decisions of the High Court.
 The Supreme Court has ‘Advisory Jurisdiction’. It means - the President of India can refer
any matter that is of public importance or involves interpretation of Constitution to Supreme
Court for advice.
 Article of 137 of the Constitution states that the Supreme Court shall have the power to
review any judgment pronounced or order made by it.
 Article 144 of the Constitution states that all authorities, civil and judicial, in the territory of
India shall act in aid of the Supreme Court.
 The chief instrument through which judicial activism has come into existence in India is
Public Interest Litigation (PIL) or Social Action Litigation (SAL).

31
 When a case is filed not by aggrieved people, but rather on their behalf, someone else, as it
involves a consideration of an issue of public interest, hence, it is known as Public Interest
Litigation (PIL) or Social Action Litigation (SAL).
Rights of the Supreme Court
 The two most important rights of Judiciary are −
 It can restore fundamental rights by issuing writs of Habeas Corpus; mandamus etc. under
Article 32 of the Constitution and the same action can be taken by the High Courts as well
under the Article 226 of Constitution.
 Under Article 13 of the Constitution - the Supreme Court can declare the concerned law as
unconstitutional and therefore non-operational.
 The Judicial Review (JR) is one of the most important powers of the Supreme Court.
 Judicial Review means the power of the Supreme Court to examine the constitutionality of
any law; so, if the Court arrives at the conclusion that the aforesaid law is inconsistent with
the provisions of the Constitution, such a law is declared as unconstitutional and inapplicable.
 The Supreme Court (and the High Courts) has the power to check the Constitutional validity
of any legislation or action of the executive, when it is challenged before them. This power is
called judicial review.
 The Supreme Court of India also guards the Constitution against any change in its basic
principles by the Parliament.
 The independence and powers exercised by the Indian judiciary in India make the Supreme
Court to act as the guardian of the Fundamental Rights.
 The Indian Constitution is based on a subtle principle of limited separation of powers and
checks and balances, which means - each organ of the government has a clear area of
functioning. For example,
 The Parliament is supreme in making laws and amending the Constitution;
 The Executive is supreme in implementing the laws; and
 The judiciary is supreme in settling disputes and deciding whether the laws that have been
made are in accordance with the provisions of the Constitution.
 In a landmark judgment of Kesavananda Bharati case (1973), the Supreme Court ruled that
there is a ‘Basic Structure’ of the Constitution and nobody — not even the Parliament
(through amendment)— can violate the basic structure.

The following diagram illustrates the basic structure of “Federal System” −

32
Subjects of Federal System
 The Constitution clearly demarcates subjects, which are under the exclusive domain of the
Union and those under the exclusive of States.
 Likewise, the Constitution describes three lists −
 Union List (subjects dealt by only Central Government);
 State List (subjects dealt normally by States only); and
 Concurrent List (both Union and State have the power to legislate these subjects).
Union List
 Subjects of Union List are −
 Defense
 Atomic Energy
 Foreign Affairs
 War and Peace
 Banking
 Railways
 Post and Telegraph
 Airways
 Ports
 Foreign Trade
 Currency & Coinage

33
 State List
 Subjects of State Lists are −
 Agriculture
 Police
 Prison
 Local Government
 Public Heath
 Land
 Liquor
 Trade and Commerce
 Livestock and Animal Husbandry
 State Public Services

Concurrent List
 Subjects of Concurrent Lists are −
 Education
 Transfer of Property other than Agricultural land
 Forests
 Trade Unions
 Adulteration
 Adoption and Succession
 Article 257 of the Constitution is read as: The executive power of every State shall be so
exercised as not to impede or prejudice the exercise of the executive power of the Union, 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.
 The Sarkaria Commission was appointed by the central government in 1983 to examine the
issues relating to center-State relations; the Commission submitted its report in 1988 and
recommended that appointments of Governors should be strictly non-partisan.
 In 1953, the States Reorganization Commission was set up and it recommended the creation
of linguistic States, at least for the major linguistic groups.
 Resultantly, Gujarat and Maharashtra were created in 1960 and the process is still going on.
 The Constitution of India (under Article 371) has given some special provisions for some
States after considering their peculiar social and historical circumstances. However, most of
the special provisions are related to the north eastern States (i.e. Assam, Nagaland, Arunachal
Pradesh, Mizoram, etc.) largely due to a sizeable indigenous tribal population with a distinct
history and culture.
 Under Article 370 of the Constitution, the northern most state Jammu and Kashmir has also
special provisions.

34
 One of the major differences between the other States and the State of J&K are that no
emergency due to internal disturbances can be declared in J&K without the concurrence of
the State.
 The Union Government cannot impose a financial emergency in J&K and the Directive
Principles also do not apply in J&K.
 An amendment to the Indian Constitution (under Art. 368) can only apply in concurrence
with the government of J&K.

371 J – Hyderabad – Karnataka region is located in the north – eastern part of the
state.
Center State Relation
 Articles 245 to 263 of Part XI and Articles 268 to 293 of Part XII describe three types of
Center-State relations i.e. Legislative, Administrative, and Financial.

Legislative Relations
 Articles 245 to 255 describe Legislative relations.
 Article 245 (1) states that Subject to the provisions of this Constitution, Parliament may make
laws for the whole or any part of the territory of India, and the Legislature of a State may
make laws for the whole or any part of the State.
 Article 245 (2) states that no law made by Parliament shall be deemed to be invalid on the
ground that it would have extra-territorial operation.
 Article 246 states that the Parliament has exclusive power to make laws with respect to any of
the matters enumerated in List I (i.e. Union List) and List III (i.e. Concurrent List) of the
Seventh Schedule.
 Article 248 states that the Parliament has exclusive power to make any law with respect to
any matter not enumerated in the Concurrent List or State List.
 Further, Article 250 states that notwithstanding anything in this Chapter, Parliament shall,
while a Proclamation of Emergency is in operation, have power to make laws for the whole
or any part of the territory of India with respect to any of the matters enumerated in the State
List.
Administrative Relations
 Articles 255 to 263 describe Legislative relations.

35
 Article 256 states that the executive power of every State shall be so exercised as to ensure
compliance with the laws made by 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.
 Article 257 (1) states that the executive power of every State shall be so exercised as not to
impede or prejudice the exercise of the executive power of the Union, 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.
 Article 258 (2) states that a law made by Parliament which applies in any State may,
notwithstanding that it relates to a matter with respect to which the Legislature of the State
has no power to make laws, confer powers and impose duties, or authorize the conferring of
powers and the imposition of duties, upon the State or officers and authorities thereof.
 Article 261 (3) states that final judgments or orders delivered or passed by civil courts in any
part of the territory of India shall be capable of execution anywhere within that territory
according to law.
 Article 262 (1) states that Parliament may by law provide for the adjudication of any dispute
or complaint with respect to the use, distribution or control of the waters of, or in, any inter-
State river or river valley.
 Article 262 (2) states that notwithstanding anything in this Constitution, Parliament may be
law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in
respect of any such dispute or complaint as is referred to in clause (1).
Financial Relations
 Articles 268 to 293 describe Financial relations.
 Article 268 describes the Duties levied by the Union but collected and appropriated by the
States.
 Article 269 describes the Taxes levied and collected by the Union but assigned to the States.
 Article 270 describes the Taxes levied and distributed between the Union and the States.

36
 MODULE-III
Elections, Amendments and Emergency Provisions
Emergency Provision
Introduction
 PART XVIII and Articles 352 to 360 describe the emergency provisions of India.

 Under the Indian Constitution, there are three types of emergency provisions −
1. National Emergency;
2. Failure of constitutional machinery in state/s or
President’s Rule; and
3. Financial Emergency.
National Emergency
 Article 352 states that if the President is satisfied that a grave emergency exists whereby the
security of India or of any part of the territory thereof is threatened, whether by war or
external aggression or armed rebellion, he may, by Proclamation, make a declaration to that
effect in respect of the whole of India or of such part of the territory thereof as may be
specified in the Proclamation.
 However, Article 352 (4) states that every Proclamation issued under this article shall be laid
before each House of Parliament and shall, except where it is a Proclamation revoking a
previous Proclamation, cease to operate at the expiration of one month unless before the
expiration of that period it has been approved by resolutions of both Houses of Parliament.
 Further, Article 352 (5) states that a Proclamation so approved shall, unless revoked, cease to
operate on the expiration of a period of six months from the date of the passing of the second
of the resolutions approving the Proclamation under clause (4).
 Article 353 states that while a Proclamation of Emergency is in operation, then the executive
power of the Union shall extend to the giving of directions to any State as to the manner in
which the executive power thereof is to be exercised.
Failure of constitutional machinery in state/s or President’s Rule
 Article 356 states that if the President, on receipt of a report from the Governor of a State or
otherwise, is satisfied that a situation has arisen in which the Government of the State cannot

37
 be carried on in accordance with the provisions of this Constitution, then he (the President)
may issue state emergency.
 Article 356 (3) states that every Proclamation under this article shall be laid before each
House of Parliament and shall, except where it is a Proclamation revoking a previous
Proclamation, cease to operate at the expiration of two months unless before the expiration of
that period it has been approved by resolutions of both Houses of Parliament.
 Further, Article 356 (4) states that a Proclamation so approved shall, unless revoked, cease to
operate on the expiration of a period of six months from the date of issue of the Proclamation.
 Article 357 states that where by a Proclamation issued under clause (1) of Article 356, it has
been declared that the powers of the Legislature of the State shall be exercisable by or under
the authority of Parliament.
 Article 359 states that where a Proclamation of Emergency is in operation, the President may
by order declare that the right to move any court for the enforcement of such of the rights
conferred by Part III (except articles 20 and 21) as may be mentioned in the order and all
proceedings pending in any court for the enforcement of the rights so mentioned shall remain
suspended for the period during which the Proclamation is in force or for such shorter period
as may be specified in the order.
Financial Emergency
 Article 360 states that if the President is satisfied that a situation has arisen whereby the
financial stability or credit of India or of any part of the territory thereof is threatened, he may
by a Proclamation make a declaration to that effect.
 Article 360 (4) (b) states that it shall be competent for the President during the period any
Proclamation issued under this article is in operation to issue directions for the reduction of
salaries and allowances of all or any class of persons serving in connection with the affairs of
the Union including the Judges of the Supreme Court and the High Courts.
Elections System
Introduction
 In India, there are three levels of government, i.e.,
1. Center level,
2. State level, and
3. Local level.
 At center level, elections are conducted to elect Member of Parliament, which is known as
Lok Sabha elections.
 For Lok Sabha election, the whole country is divided into 543 constituencies and each
constituency elects one representative as a Member of Parliament (MP).

38
 At the State level, an election is called assembly election; however, unlike center, each state
is divided into a different specific number of Assembly constituencies.
 The elected representative in the assembly election is called as the Member of Legislative
Assembly (MLA).
 Similarly, at the local level, elections are held for the election of Pradhan in Panchayat (rural)
areas and counselor in Municipal (urban) areas.
 Each village or town is divided into several ‘wards’ (similar to constituencies) and each ward
elects one member of the village or the urban local body respectively.
Reserved Constituencies
 Every citizen of India has the right to vote to elect a representative as well as to be elected as
a representative.
 To provide a fair opportunity to a candidate belonging to weaker sections in an open electoral
competition (against those who are influential and resourceful), a system of ‘reserved’
constituency is adopted.
 The reserved system ensures equal opportunity to all and provides a real choice of election to
the voters from weaker sections.
 Some constituencies are reserved for the people belonging to the Scheduled Castes (SC) and
Scheduled Tribes (ST) in a proportion of their population in the respective regions.
 In a reserved constituency, only the persons belonging to the reserved category are eligible to
contest an election.
 As on 1 September 2012, 84 seats were reserved for SC Category and 47 seats were reserved
for ST Category in Lok Sabha.
 Similarly, 33% of the seats are reserved in rural and urban local bodies for women
candidates.
Voting System
 The principle of a universal adult franchise is the foundation of the democracy that gives
every citizen a right to have one vote and each vote should have equal value.
 Every citizen of 18 years or more has the right to vote, irrespective of his caste, religion,
gender, educational qualification, financial status, etc.

39
 To ensure that not even a single person is denied of this basic right for any reason
whatsoever, a list of all voters (eligible to vote) is prepared. This list is officially called as the
Electoral Roll or the Voters’ List.
 The voters’ list is provided to the voters of each constituency much before the election for the
purpose of inspection and correction.
 On the day of election, the people cast their votes as per their names mentioned in the voter
list.
 This method ensures that not a single person is denied his/her right to vote and thus everyone
should get an equal opportunity to choose their representatives.
 The government is responsible to update the voter’s list before the election; new names of all
the eligible voters are added to the voters’ list and names of those who move out from their
residential place or those who have been died are deleted.
 A complete revision of the voter’s list takes place every five years.
Nomination of Candidates
 In a democratic country, a system of free and fair election provides the people of every
section a real choice to vote and a fair chance to contest. There are no restrictions on anyone
to contest an election except in reserved constituencies.
 To contest an election, a candidate should be of 25 years (or more) of age with sound mind
and no criminal background.
 Political parties introduce their candidates and give them the party ‘ticket’.
 A candidate who wishes to contest an election has to fill a ‘nomination form’ and deposit
some money as ‘security fees.’
 Besides, the Supreme Court has also given directions that every contesting candidate has to
disclose his/her personal information to the voters. So that the voter can choose a right
candidate on the basis of given information.
 Following the directions of the Supreme Court, the Election Commission of India put in place
a system of a declaration on an affidavit.
 The proposed candidate has to make a legal declaration, giving full details of his −
 Criminal cases pending against the candidate;
 Details of the assets and liabilities of the candidate and his or her family;
 Education qualifications of the candidate.
Educational Qualifications for Candidates
 In the Indian political system, educational qualification is not required, either for the voters or
for the contesting candidates.
 Politics in India does not require educational qualifications of a person for selection to be a
leader. It is just like the criteria for selection in a cricket team, the ability of the player to play
cricket and not his educational qualification.

40
 The essential qualification for an MLA or an MP in politics is their ability to understand
people’s concerns, problems, and to represent their interests.
 It is left upon the voters to decide whether their representative is qualified to understand their
problems and able to solve them.
Election Campaign
 The main purpose of an election is to give the people a chance to choose their representatives
and make a government of their choice who frames policies to address their concerns.
 During election campaigns, voters get the opportunity to have a free and open discussion
about who is a better candidate, which party can give a better government, or what are their
policies.
 In India, election campaigns take place for two weeks period between the announcement of
the final list of candidates and the date of polling.
 During campaigns, the political leaders address election rallies and political parties mobilize
their supporters.
 The contesting candidates contact their voters through various methods such as −
 They advertise in newspapers, radio, television, etc.;
 They publish pamphlets and distribute them in their respective constituencies;
 They arrange rallies and give speeches at every public place of their constituencies;
 They tell their voters about their plan and policies and also ask about their (voters’) problems.
 They try to convince their voters in their favor and appeal them to vote and elect the right
candidate.
Code of Conduct
 The Indian election system is based on the law, which provides a code of conduct for every
person contesting an election.
 If any political party or candidate violates this code of conduct, his/her election can be
rejected by the court even after they have been declared elected.
 This code of conduct states that no party or candidate can −
 Bribe or threaten voters;
 Appeal/mesmerize them (voters) in the name of caste or religion;
 Use government resources for election campaign;
 Spend more than Rs.25 lakh in a constituency for a Lok Sabha election;
 Spend more than Rs.10 lakh in a constituency for an Assembly election.
 In addition to the laws, all the political parties in India have agreed to a Model Code of
Conduct for election campaigns. According to this, no party or candidate can −
 Use any place of worship for election propaganda;
 Use government vehicles, aircraft, and officials for elections;
 Once elections are announced, Ministers shall not lay foundation stones of any projects;
 Take any big policy decisions or make any promises of providing public facilities.

41
 Any violation of any rule needs to be reported to the Election Commission, which has
sufficient power and authority to take appropriate action against the violators.
Polling and Counting of Votes
 The Election Commission of India prepares a timetable for election. A particular day is fixed
for polling in a particular constituency. This is called election day, usually, it is declared as a
holiday.
 Voters whose name is on the voters’ list go to a nearby ‘polling booth’ and cast their vote one
by one.
 Inside the polling booth, the election officials identify the voter as per their name in the voter
list (and also check their Identity Card).
 After identifying the right voter, the election officials put a mark on the left hand index
finger, and then allow to cast a vote.
 Polling officers keep the records of those who have cast their votes and maintain a proper
register.
 A ballot paper is a sheet of paper comprising a list of names of all the contesting candidates
along with party name and symbols.
 Earlier, the voters used to mark their choice by putting a stamp on the ballot paper against
the name and mark of the candidate of their choice.
 Nowadays, electronic voting machines (EVM) are used to cast the votes; the machine shows
the names of the candidate and the party symbols (as shown in the given image).

 A voter needs to press the button against the name of the candidate who he/she wants to elect.
 Once the polling is over, all the EVMs are sealed and taken to a centralized place where all
the EVMs are kept and later on, votes were counted.
Independent Election Commission
 Elections in our country are conducted through a powerful and independent institution called
the Election Commission of India.
 The Election Commission of India is a constitutional body which is an autonomous body
independent of the government. It enjoys the same kind of independence like the judges of
the Supreme Court of India.

42
 The Chief Election Commission of India (CEC) is appointed by the President of India, but
after his appointment, the Chief Election Commissioner is not answerable to the President or
the government.
 In a matter of election, it has been given wide powers to conduct free and fair election. They
actively use these powers to form fair government.
 The government or the ruling party has no occasion to influence or pressurize the election
commission.
Role of Election Commission
 The Election Commission takes decisions on every aspect related to the election from the
announcement of elections to the declaration of results.
 The Election Commission supervises and controls the administration of elections. It checks
and correct any fault immediately.
 The Election Commission implements the Code of Conduct and punishes any candidate or
party who is found guilty of any violation.
 During the election period, the Election Commission acquires powers to order the
government to follow settled guidelines to prevent use and misuse of governmental power to
enhance its chances to win elections, or to transfer some government officials.
 All the officers and staff of the government that is put on election duty works under the
control of the Election Commission and not under the government.
Acceptance of Election Outcome
 The electoral outcomes in India are usually accepted as people’s verdict by the defeated
candidates or party.
 The test of the free and fair election in India manifested in the outcome of the election result.
 In India, the result of election frequently changes the ruling government, which clearly
illustrates that the elections in India are free and fair.
 The ruling parties routinely lose elections in India, both at the national and state level. In fact,
in every two out of the three elections held in the last fifteen years, the ruling party lost.
Indian Polity - Political Parties
Introduction
 Indian governance system has multi-party system and the political parties are categorized as −
 National Political Party;
 State or Regional (level) Political Party.
 The recognition and status of political parties are reviewed and authorized by the Election
Commission of India.
Eligibility of National Political Party
 However, to be eligible for a ‘National Political Party of India,’ the Election Commission
has set the following criteria −

43
 It secures at least six percent of the valid votes polled in any four or more states, at a general
election to the House of the People or, to the State Legislative Assembly; and
 In addition, it wins at least four seats in the House of the People from any State or States.
OR
 It wins at least two percent seats in the House of the People (i.e., 11 seats in the existing
House having 543 members), and these members are elected from at least three different
States.
Eligibility of State Political Party
 To be eligible for a ‘State Political Party,’ the Election Commission has set the following
criteria −
 It secures at least six percent of the valid votes polled in the State at a general election, either
to the House of the People or to the Legislative Assembly of the State concerned; and
 In addition, it wins at least two seats in the Legislative Assembly of the State concerned.
OR
 It wins at least three percent (3%) of the total number of seats in the Legislative Assembly of
the State, or at least three seats in the Assembly, whichever is more.
 The following table illustrates the major National Political Parties of India −
Constitutional Amendments
 Under Article 368 (specific provision) of the Constitution, the Parliament is the repository of
the constituent power of the Union and hence, it can amend the Constitutional provision as
per the requirement/s (within the circumscribed limit).
 Article 368 (1) states that notwithstanding anything in this Constitution, the Parliament may
exercise its constituent power amend by way of addition, variation or repeal any provision of
this Constitution in accordance with the procedure laid down in this article.

 Article 368 (2) states that an amendment of this Constitution may be initiated only by the
introduction of a Bill for the purpose in either House of Parliament, and when the Bill is
passed in each House by a majority of the total membership of that House and by a majority
of not less than two-thirds of the members of that House present and voting, it shall be
presented to the President who shall give his assent to the Bill and thereupon the Constitution
shall stand amended in accordance with the terms of the Bill.

44
 Article 368 (4) states that no amendment of this Constitution (including the provisions of Part
III) made or purporting to have been made under this article whether before or after the
commencement of section 55 of the Constitution (Forty-second Amendment) Act, 1976 shall
be called in question in any court on any ground.
 Article 368 (5) states that for the removal of doubts, it is hereby declared that there shall be
no limitation whatever on the constituent power of Parliament to amend by way of addition,
variation or repeal the provisions of this Constitution under this article.
Indian Polity - Constitutional Schedules
 Primarily, there were only eight Schedules; however, four schedules were added after
subsequent amendments.

Summary of all twelve schedules is illustrated in the following table −

Schedules Parts Lists
Part I List of the States.
Schedule I
Part II List of the Union.
Provisions as to the President and the
Part A
Governors of States.
Part B Repealed
Provisions as to the Speaker and the Deputy
Speaker of the House of the People and the
Chairman and the Deputy Chairman of the
Part C Council of States and the Speaker and the
Schedule II
Deputy Speaker of the Legislative Assembly
and the Chairman and the Deputy Chairman of
the Legislative Council of a State.
Provisions as to the Judges of the Supreme
Part D
Court and of the High Courts.
Provisions as to the Comptroller and Auditor-
Part E
General of India.
Schedule III Forms of Oaths or Affirmations.
Schedule IV Allocation of seats in the Council of States.
Provisions as to the Administration and Control
Schedule V
of Scheduled Areas and Scheduled Tribes.
Provisions as to the Administration of Tribal
Schedule VI Areas in the States of Assam, Meghalaya,
Tripura, and Mizoram.
List I Union List
Schedule VII List II State List
List III Concurrent List

45
 List of 22 Languages −
1. 3.
2. Bengali
Assamese Gujarati
5. 6.
4. Hindi
Kannada Kashmiri
7.
8. Marathi9. Oriya
Malayalam
11.
10. Punjabi 12. Tamil
Sanskrit
15.
13. Telugu 14. Urdu
Sindhi
Schedule VIII
16. 17. 18.
Konkani Manipuri Nepali
21.
19. Santhali20. Bodo
Maithili
22. Dogri
Initially, there were only 14 languages, but
after 21st Amendment (1967) Sindhi was
added; after 71st Amendment (1992), Konkani,
Manipuri, and Nepali added; and after 92nd
Amendment (2003), Santhali, Bodo, Maithili,
and Dogri added.
Added by 1stContains acts & orders related to land tenure,
Schedule IX Amendment inland tax, railways, industries (Right of property
1951 not a fundamental right).
nd
Added by 52
Provisions as to disqualification on ground of
Schedule X Amendment in
defection.
1985
Added by 73rd
Powers, authority and responsibilities of
Schedule XI Amendment in
Panchayats.
1992
Added by 74th
Powers, authority and responsibilities of
Schedule XII Amendment in
Municipalities, etc.
1992
Separation of Powers
 The principle of separation of powers has not been placed clearly in Indian Constitution;
however, the separate functions of the three specified Organs (i.e. Executive, Parliament, and
Judiciary) are specified.

46
 Among all the three Organs, no one is superior to the other, and one cannot control the other,
in any manner, but rather all three Organs need to work in harmony.
 Article 50 of the Constitution separates the Executive from the Judiciary.
 Article 53 (1) states that the executive power of the Union shall be vested in the President
and shall be exercised by him either directly or through officers subordinate to him in
accordance with this Constitution.
 Further, the President, being the executive head of the country, is also empowered to exercise
legislative powers in certain condition (Article 123).
 Article 73 (a) states that the Parliament has power to make laws; and (b) to the exercise of
such rights, authority, and jurisdiction as are exercisable by the Government of India by
virtue of any treaty or agreement.
 The function of the Judiciary is to Review the action of the legislature and the Executive.
 Further, Article 121 states that no discussion shall take place in Parliament with respect to the
conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties
except upon a motion for presenting an address to the President praying for the removal of
the Judge as hereinafter provided.
 Article 122 (1) states that the validity of any proceedings in the Parliament shall not be called
in question on the ground of any alleged irregularity of procedure.
 However, there are some check and balance fabricated in the Constitution to balance the
power among these three Organs.
Parts of Constitution
The given table describes the details of ‘Parts’ of the Constitution of India −
Part I The Union and its Territory Article (1 to 4)
Part II Citizenship Article (5 to 11)
Part III Fundamental Rights Article (12 to 35)
Part IV Directive Principles of State Policy Article (36 to 51)
Part IVA Fundamental Duties Article (51A)
Part V The Union Article (52 to 151)
Part VI The States Article (152 to 237)
Part VII The States in Part B of The First Schedule Article (238)

47
Part VIII The Union Territories Article (239 to 243)
Part IX Panchayats Article (243 to 243O)
Part IXA Municipalities Article (243P to 243ZG)
Part X The Schedule and Tribal Areas Article (244 to 244A)
Part XI Relations between the Union and the States Article (245 to 263)
Part XII Finance, Property, Contracts, and Suits Article (264 to 300A)
Trade, Commerce, and Intercourse within the
Part XIII Article (301 to 307)
Territory of India
Part XIV Service under the Union and the States Article (308 to 323)
Part XIVA Tribunals Article (323A to 323B)
Part XV Elections Article (324 to 329A)
Part XVI Special Provisions Relating to Certain Classes Article (330 to 342)
Part XVII Official Language Article (343 to 351)
Part XVIII Emergency Provisions Article (352 to 360)
Part XIX Miscellaneous Article (361 to 367)
Part XX Amendment Article (368)
Temporary, Transitional, and Special
Part XXI Article (369 to 392)
Provisions
Short Title, Commencement, Authoritative
Part XXII Article (393 to 395)
Text in Hindi and Repeals

48
 Module- IV
Constitutional Provisions/ Local Administration/ Human Righ

Article 366(24) in the Constitution of India 1949

(24) Scheduled Caste means such cases, races or tribes or parts of or groups within such castes, races or
tribes as are deemed under Article 341 to be Scheduled Castes for the purposes of this Constitution;

Article 341 in the Constitution of India 1949

341. Scheduled Castes

(1) The President may with respect to any State or Union territory, and where it is a State after consultation
with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or groups
within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled
Castes in relation to that State or Union territory, as the case may be
(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a
notification issued under clause ( 1 ) any caste, race or tribe or part of or group within any caste, race or
tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent
notification

Safeguards for SCs and STs:

SOCIAL SAFEGUARDS:

1. Article 17: it relates to abolition of untouchability being practiced in the society. The Parliament also
enacted the Protection of Civil Rights Act, 1955 and the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 to tackle the problem of untouchability being practiced against
Scheduled Castes.

2. Article 23: this prohibits human trafficking and beggar and other similar forms of forced labour and
provides that any contravention of this provision shall be a punishable offence. Although this article is not
specifically articulated for the SCs and STs but because majority of bonded labour is from SCs so it holds
significance for them.

3. Article 25 (2)(b) : it provides that Hindu religious institutions of a public character shall be opened to all
classes and sections of Hindu.

ECONOMIC SAFEGUARDS:

Article 46 : it provides ,”The state shall promote with special care the educational and economic interest of
the weaker sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes, and
shall protect them from social injustice and all forms of exploitation.”

EDUCATIONAL AND CULTURAL SAFEGUARDS:

Article 15(4) : it empowers the State to make special provisions for the advancement of any socially and
educationally backward class of the citizens and for SCs. This article enabled the State to reserve seats for
SCs in educational institutions.

49
Article 335: Allows relaxation in qualifying marks for admission in educational institutes or promotions
for SCs/STs.

POLITICAL SAFEGUARDS

1. Article 243D: Reservation of seats for the Scheduled Castes and the Scheduled Tribes in every
Panchayat.
2. Article 243T: Reservation of seats for the Scheduled Castes and the Scheduled Tribes in every
Municipality.
3. Article 330: Reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the
People.
4. Article 332: Reservation of seats for the Scheduled Castes and the Scheduled Tribes in the Legislative
Assemblies of the States.

5. Article 334: Reservation of seats and the special representation to cease after sixty years.

SERVICE SAFEGAURDS

1. Article 16(4): This clause allows the state to reserve vacancies in public service for any backward
classes of the state that are not adequately represented in the public services.
2. Article 16 (4A): This allows the state to implement reservation in the matter of promotion for SCs and
STs.
3. Article 16(4B): This allows the state to consider unfilled vacancies reserved for backward classes as a
separate class of vacancies not subject to a limit of 50% reservation.

OTHER SAFEGUARDS

1. Article 164: Appoint special minister for tribal welfare in the states of MP, Bihar,
and Orrisa.
2. Article 275: Allows special grant in aids to states for tribal welfare.
3. Article 338/338A/339: Establishes a National Commission of SCs and STs.
Article 339 allows the central govt. to direct states to implement and execute
plans for the betterment of SC/STs.
4. Article 340: Allows the president to appoint a commission to investigate the
condition of socially and economically backward classes and table the report in
the parliament.

What are human rights?

Human rights are the basic rights and freedoms that belong to every person in the world, from
birth until death. They apply regardless of where you are from, what you believe or how you
choose to live your life.
They can never be taken away, although they can sometimes be restricted – for example if a
person breaks the law, or in the interests of national security.
These basic rights are based on shared values like dignity, fairness, equality, respect and
independence. These values are defined and protected by law. In Britain our human rights are
protected by the Human Rights Act 1998.

How do human rights help you?

Human rights are relevant to all of us, not just those who face repression or mistreatment.
They protect you in many areas of your day-to-day life, including:

50
  your right to have and express your own opinions
 your right to an education
 your right to a private and family life
 your right not to be mistreated or wrongly punished by the state

Where do human rights come from?

The idea that human beings should have a set of basic rights and freedoms has deep roots in
Britain. Landmark developments in Britain include:

 the Magna Carta of 1215

 the Habeas Corpus Act of 1679
 the Bill of Rights of 1689

National Human Rights Commission (NHRC) of India is an autonomous public body

constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28
September 1993.[1] It was given a statutory basis by the Protection of Human Rights Act,
1993 (TPHRA).[2] The NHRC is the National Human Rights Commission of
India,[3] responsible for the protection and promotion of human rights, defined by the Act as
"rights relating to life, liberty, equality and dignity of the individual guaranteed by the
Constitution or embodied in the International Covenants".

Functions
The Protection of Human Rights Act mandates the NHRC to perform the following
functions:

 Proactively or reactively inquire into violations of government of India human rights or

negligence in the prevention of such violation by a public servant
 by leave of the court, to intervene in court proceeding relating to human rights
 Make recommendations about granting relief to the victims and their families.
 review the safeguards provided by or under the Constitution or any law for the time being
in force for the protection of human rights and recommend measures for their effective
implementation
 review the factors, including acts of terrorism that inhibit the enjoyment of human rights
and recommend appropriate remedial measures
 to study treaties and other international instruments on human rights and make
recommendations for their effective implementation
 undertake and promote research in the field of human rights
 engage in human rights education among various sections of society and promote
awareness of the safeguards available for the protection of these rights through
publications, the media, seminars and other available means
 Encourage the efforts of NGOs and institutions congress to working in the field of anti-
human rights.
 Such other function as it may consider it necessary for the protection of human rights.
 Requisitioning any public record or copy thereof from any court or office.
 By sitting and taking application and rejecting then on the basis of sex, caste, income and
social status.
Composition:

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The NHRC consists of:

 A Chairperson, should be retired Chief Justice of India (through GoI mulling

appointment of retired SC Judges as chairperson[4])
 One member who is, or has been, a Judge of the Supreme Court of India
 One member who is, or has been, the Chief Justice of a High Court
 Two members to be appointed from among persons having knowledge of, or practical
experience in, matters relating to human rights
 In addition, the Chairpersons of four National Commissions (Scheduled
Castes, Scheduled Tribes, Women and Minorities) serve as ex officio members.
The sitting Judge of the Supreme Court or sitting Chief Justice of any High Court can be
appointed only after the consultation with the Chief Justice of Supreme Court.

CHAIRMAN AND MEMBERS

Justice JS Kehar is going to be next chairman after H.L. Dattu The chairman of the NHRC is
Justice H. L. Dattu and the other members are:

 Justice Pinaki Chandra Ghose, Judge Supreme Court of India

 Justice D. Murugesan, Chief Justice of Delhi High Court
 Jyotika Kalra
Ex-officio members:

 Chairperson, National Commission for Scheduled Castes Chairperson, National

Commission for Scheduled Tribes
 Syed Gayorul Hasan Rizvi, Chairperson, National Commission for Minorities
 Rekha Sharma, Chairperson, National Commission for Women

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 MODULE- V
Professional / Engineering Ethics

Engineering ethics is the field of applied ethics and system of moral principles that apply to
the practice of engineering. The field examines and sets the obligations
by engineers to society, to their clients, and to the profession. As a scholarly discipline, it is
closely related to subjects such as the philosophy of science, the philosophy of engineering,
and the ethics of technology.
Hence the study of engineering ethics, where such ethics are implemented in engineering by
the engineers, is necessary for the good of the society. Engineering Ethics is the study of
decisions, policies and values that are morally desirable in engineering practice and research.

Morals
The word “Morality” originates from the Latin word “mos” meaning “custom”. Morals are
the principles or habits with respect to right or wrong of one’s own conduct. They are not
imposed by anyone. Morals are what you think is good and bad personally.

Though morals are not imposed, they can be understood as the preaching of our inner self.
Depending on a few factors, our mind filters things as good or bad. These are the ideas that
help frame our personality so that we can distinguish between what is right and what is
wrong.

A moral is the code of conduct that you develop over time and set for yourself to follow, just
like

53
  Being good to everyone
 Speaking only the truth
 Going against what you know is wrong
 Having chastity
 Avoid cheating
 Being a nice human being etc.
Morals are always defined by one’s own personality. Morals can be changed according to
one’s beliefs as they are completely dependent on one’s perception towards the ethical
values.

Ethics
The word “Ethics” originates from the Greek word “ethos” meaning “character”. Ethics are
a set of rules or principles that are generally considered as standards or good and bad or right
and wrong, which are usually imposed by an external group or a society or a profession or
so.

Ethics can be understood as the rules of conduct proposed by a society or recognized with
respect to a particular class of human actions or a particular group or culture. Ethics are
dependent on others definition. They may or may not vary from context to context.

A person who strictly follows a set of ethical principles, may not have any moral at all while
a person who violates ethical principles at times, may maintain a high moral integrity. The
ethical theories include duty ethics, right ethics, virtue ethics and so on. A best example that
can explain ethics is utilitarianism.

Utilitarianism is the philosophy which explains that the happiness or pleasure of a greatest
number of people in the society is considered as the greatest good. According to this
philosophy, an action is morally right if its consequences leads to happiness of the people
and wrong if the action leads to their unhappiness. This theory moves beyond the scope of
one’s own interests and takes into account the interests of others.

Ethics in Engineering
Ethics are principles followed depending upon the moral responsibility that a person feels.
The study of related questions about moral ideals, character, policies and relationships of
people and organizations involved in technological activity, can be termed as Engineering
ethics.

An engineer whether he works individually or works for a company, has to go through some
ethical issues, mostly under the conditions such as, conceptualization of a product, issues
arising in design and testing departments, or may be on the issues involving the

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manufacturing, sales and services. Questions related to morality also arise during
supervision and team works.

The ethical decisions and moral values of an engineer need to be considered because the
decisions of an engineer have an impact the products and services - how safe they are to use,
the company and its shareholders who believe in the goodwill of the company, the public
and the society who trusts the company regarding the benefits of the people, the law which
cares about how legislation affects the profession and industry, the job and his moral
responsibilities and about how the environment gets affected, etc.

Not only an engineer, but everyone has to follow a set of morals in order to keep away from
getting morally degraded. Our behaviour should include the following −

 Respecting others and ourselves.

 Respecting the rights of others.
 Keeping promises.
 Avoiding unnecessary problems to others.
 Avoiding cheating and dishonesty.
 Showing gratitude towards others and encourage them to work.
Morality commands respect for persons, both others and ourselves. It involves being fair and
just, meeting obligations and respecting rights and not causing unnecessary harm by
dishonesty and cruelty or by hubris.

Steps to Deal with Issues

Whenever there occurs an issue, one should possess a few skills in order to sort out the
problem. The issues that engineers face, have to be dealt with patience and few moral goals
have to be kept in mind while dealing with such issues. They are as follows −

 Moral Awareness − One should be able to recognize the moral problems and issues
that occur in Engineering. The analysis on the problem is necessary in order to
differentiate and judge according to ethics or according to the rules to follow.

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  Cogent Moral Reasoning − In order to come to a conclusion on an issue, the
argument has to be assessed and comprehended. The argument on both sides has to
be considered with all the probabilities and the nature of the argument should be
logical and moral.

 Moral Coherence − after having gone through all the logical and moral facts,
consistent and comprehensive view points are to be formed based upon a
consideration of relevant facts.

 Moral Imagination − the moral issues and the practical issues have to be dealt
separately. Alternative responses are to be found out for dealing with moral issues
while creative solutions should be found out for practical difficulties.

 Moral Communication − the language to communicate about one’s moral views

should be so precise and clear, that the expression or words should not alter the
original meaning.

Important Skills for Ethical Reasoning

Let us now discuss the important skills for ethical reasoning −

 Moral Reasonableness − The ability and willingness to be morally reasonable that

one should have while dealing such issues. Unless one is willing and improve such
ability, justice cannot be done.

 Respect for Persons − The persons involved in the issue, should be treated with
genuine concern by one. Such concern should also be there with oneself along with
being there for others.

 Tolerance of diversity − One should have a broader perspective towards ethnic and
religious differences that the people have. Every person differs with another when
compared on grounds of moral reasoning. The acceptance of those differences is
really important.

 Moral hope − The moral conflicts can be resolved by using better communication
and having rational dialogue which is evident-based and open-ended which is
acceptable and appreciable by both the parties.

 Integrity − The moral integrity has to be maintained. Being honest and having strong
moral principles helps one to resolve an issue in an efficient manner. An individual
also needs to consider other’s professional life and personal convictions while
solving a problem.

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Intellectual property (IP) is a category of property that includes intangible creations of the
human intellect, and primarily encompasses copyrights, patents, and trademarks. It also
includes other types of rights, such as trade secrets, publicity rights, moral rights, and rights
against unfair competition. Artistic works like music and literature, as well as some
discoveries, inventions, words, phrases, symbols, and designs, can all be protected as
intellectual property. It was not until the 19th century that the term "intellectual property"
began to be used, and not until the late 20th century that it became commonplace in the
majority of the world.

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