Only & Only NCERT

The Best Way to Read NCERT...

NCER
T
Indian Polity
&
Governance
 Only & Only NCERT
The Best Way to Read NCERT...

NCER
T
Indian Polity
& Governance
Class 6-12 (Old+New)

Authors
Vaibhav Anand
Bhardwaj Khushboo
Sharma

ARIHANT PUBLICATIONS (INDIA) LIMITED

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 CONTENTS

INDIAN POLITY AND GOVERNANCE

Chapter 1. Constitutional Development in India 1-5


Important Landmarks in Indian Constitutional Development1

Chapter 2. Making of the Indian Constitution 6-9


Constitution 6

Development of the Indian Constitution 7

Chapter 3. Indian Constitution : Preamble and Its Features 10-14


Preamble of the Indian Constitution 10

Salient Features of the Indian Constitution 12

Chapter 4. Indian Federation and Reorganisation of States 15-19


Federalism 15

State’s Reorganisation 17

Chapter 5. Citizenship 20-22


Meaning of Citizenship 20

Acquisition and Determination of Indian Citizenship 21

Chapter 6. Fundamental Rights 23-29


Rights 23

Classification of Fundamental Rights 25

Chapter 7. Directive Principles of State Policy 30-33


Directive Principles 30

Conflict between Directive Principles and Fundamental Rights 32
Chapter 8. Fundamental Duties 34-36

Fundamental Duties in the Indian Constitution 34

Relation Between Fundamental Rights and Fundamental Duties 36

Chapter 9. Union Executive 37-48


Executive 37

President 38

Vice-President 43

Prime Minister 44

Deputy Prime Minister 46

Council of Ministers 47

Attorney General 48

Central Administration: Structure and Working 48

Chapter 10. Union Legislature 49-64


Legislature 49

Structure of Parliament 50

Sessions of Parliament 57

Legislative Procedure in Parliament 60

Budget in Parliament and Financial Process 62

Parliamentary Committees 63

Chapter 11. State Executive 65-69


Constitutional Provisions for the State Executive 65

State Council of Ministers 68

Chapter 12. State Legislature 70-75


Constitutional Provisions Regarding State Legislature 70

Composition of State Legislature 70

Legislative Procedure in State Legislature 74
Chapter 13. Judiciary 76-83

Supreme Court of India 76

High Courts 79

Subordinate Courts 81

Chapter 14. Federalism and Centre-State Relations 84-86


Federalism in India 84

Centre-State Relations 84

Chapter 15. Emergency Provisions 87-89


Constitutional Provisions for Emergency 87

Punchhi Commission on Emergency Provisions 89

Chapter 16. Civil Services 90-97


Public Civil Services 90

Level of Administration in Civil Services 91

Bureaucracy 97

Chapter 17. Official Language 98-100


History of Official Language 98

Important Articles Related to Languages 99

Chapter 18. Special Provisions for Marginalised Sections 101-109


Scheduled Castes 101

Scheduled Tribes 101

Other Backward Classes 105

Women 106

Children 108

Persons with Disabilities 109
Chapter 19.Local Self-Government 110-117

Panchayati Raj System 110

Rural Local Government Institutions 112

Urban Local Government Institutions 114

Committees Associated with Local Self-Government 117

Chapter 20.Elections and Party System in India 118-126


Election 118

Election Commission of India 119

Electoral Reform 122

Political Parties 124

Chapter 21.Special Provisions for Some States and Regional 127-130

Aspirations

Special Provisions for North-East India 127

Special Provisions for Other States 129

Chapter 22.Constitutional and Non-Constitutional Bodies 131-137


Constitutional Bodies 131

Non-Constitutional Bodies 133

Chapter 23.Constitutional Amendments 138-141


Meaning of Constitutional Amendment 138

List of Important Amendments to Indian 141
Constitution
Chapter 24.Political Theories and Ideologies 142-150

Political Theory: An Introduction 142

Chapter 25. India’s Foreign Policy, Neighbouring

Countries and National Symbols 151-161

Foreign Policy of India 151

India and Its Neighbouring Countries 153

National Symbols 160

Appendix 162-168
CHAPTER 01
INDIAN POLITY & GOVERNANCE
NCERT Notes
01

Constitutional
Development in India

Sources Class-XI Old NCERT Chap 1 (Important Turning Points of Constitutional Development)

The process of constitutional development in India British Judges were to be sent to India to administer the
started with the establishment of the East India British Legal System that was used there. Sir Elijah
Company. There are certain events in the British rule Impey was the first Chief Justice.
that laid down the legal framework for the
The Court of Directors was made to report about its
organisation and functioning of government and
revenue, civil and military affairs in India to the British
administration in British India. These events have
Government.
greatly influenced our Constitution and polity.
Act of Settlement, 1781
Important Landmarks in Indian This Act was an Amending Act, which removed the
Constitutional Development shortcomings of the Regulating Act, 1773. It is also
Important landmark Acts associated with Indian known as the Declaratory Act, 1781.
Constitutional development are as follows : The basic aim of the Act of Settlement, 1781 was to
establish a new system of courts for removing the
Regulating Act, 1773 grievances against the Supreme Court.
This Act was passed by the British Parliament to This Act reduced the number of members of Executive
control the affairs of East India Company in India. and Provincial Council from 4 to 3.
For the first time, it recognised the political and
administrative functions of the Company and laid Pitts India Act of 1784
the foundation of Central Administration in India. This Act established the Board of Control over the Court
The Act elevated Governor of Bengal Warren of Directors to guide and supervise the affairs of the
Hastings to Governor-General and subsumed the Company in India.
presidencies of Madras and Bombay under Bengal’s It was introduced to remove the drawbacks of the
control. Regulating Act. It was named after the then British Prime
The Act named four additional members to serve Minister, William Pitt. The Act placed Indian affairs
with the Governor-General of Bengal in the under the direct control of the British Government.
Calcutta Council. These councillors were The Governor-General and Council were made
commonly known as the Council of Four. subordinate to British Government. They were forbidden
A Supreme Court was established in 1774 at Fort to declare war and enter into any treaty without the
William in Calcutta comprising one Chief Justice sanction of the Directors or the Secret Committee.
and three other judges. It demarcated the political and commercial functions of
the company.
 NCERT Notes INDIAN POLITY & GOVERNANCE
02

The Act clearly stated that the Presidencies of Madras Fourth member was added to Governor-General’s
and Bombay were to be subordinate to the Council for legislative purposes. Lord Macaulay was
Presidency of Bengal in all matters of war, diplomatic the first person to hold the office.
relations and revenue.
The Act vested the legislative powers exclusively in
Act of 1786 Governor-General in council and deprived Governor
of Bombay and Madras of their legislative powers.
Lord Cornwallis demanded that power of the
Governor-General should be enlarged to empower The Indian Civil Services was founded. It attempted to
him, to override the majority of his council and act on introduce a system of open competition for selection
his own special responsibility. of civil servants and affirmed that the Indians should
not be barred from holding any place, office or
The Act of 1786 was enacted to give him the power of
employment under the Company.
working as both Governor-General and Commander in
Chief. Thus, via Act of 1786, Cornwallis became the East India Company (EIC) became the political ruler
first effective ruler of British India under the authority of India. EIC’s commercial functions and activities
of Board of Control and the Court of Directors. were ended, making it a purely administrative body.
The administration was urged to take steps to improve
Charter Act of 1793 the conditions of slaves and to ultimately abolish
According to this Act, the Charter of the Company was slavery (slavery was abolished in 1843).
renewed for 20 years and it was declared that it would This Act was the final steps towards centralisation in
be allowed to continue with the possession of all British India.
territories for the next 20 years.
A regular code of all regulations was framed that Charter Act of 1853
could be enacted for the internal Government of the This Act carried separation of the executive and the
British territory in Bengal. legislative functions a step further by the provision of
The regulation applied to the rights, persons and additional members of Council for the purpose of the
property of the Indian people and it bound the courts legislation.
to regulate their decisions by the rules and The Law Member was made a full member of the
regulations. Executive Council of the Governor-General. The
Thus, this Act laid the foundation of government by consent of the Governor-General was made necessary
written laws and regulations in British India in place for all legislative proposals.
of the personal rule of the past rulers. Central Legislative Council was to consist of one
representative each from the provinces. Measures
Charter Act of 1813 concerning a province were to be considered in the
This Act renewed the Company’s Charter for 20 years, presence of representatives from that province.
but it asserted the sovereignty of the British Crown The Chief Justice of the Supreme Court of Calcutta
over the Indian territories held by the Company. was to be the ex-officio member of the Council.
The Company was allowed to have territorial
The Council in its legislative capacity was to consist of
possessions for another 20 years. It was deprived of its
12 members. These included the Governor-General,
monopoly of trade with India.
Commander-in-Chief, four members of his Council,
It was allowed to continue with its monopoly of trade and six legislative members.
with China for 20 years. The number of Directors was reduced from 24 to 18.
Charter Act of 1833 Six of them were to be nominated by the Crown.
This Act came into being after many socio-political Government of India, Act of 1858
changes in British society. This Act transferred the Government, territories, and
The act gave another 20 years to East India Company revenues of India from the East India Company to the
to trade in India. It was the final step towards British Crown. British Crown assumed sovereignty
concentration in British India. over India from the East India Company.
Features of the Act, 1833 The rule of the Company was replaced by the rule of
It made the Governor-General of Bengal as the the Crown in India.
Governor-General of India and gave him all civil and The Board of Control and the Court of Directors were
military powers. Lord William Bentinck was the first abolished. Their place was taken by the Secretary of
Governor- General of India. State of India and his Indian Council. They were to
govern India in the name of her majesty.
NCERT Notes INDIAN POLITY & GOVERNANCE
03

The Secretary of State was to sit in Parliament. It increased the power of legislative councils and gave
He was a Cabinet Minister of England and was them the power of discussing the budget and
responsible to Parliament. Ultimate power over India addressing questions to the executive.
remained with Parliament.
The non-official members of the Provincial Legislative
The Act created an Indian Council of 15 members. It Council to be nominated by local bodies such as
was to advise the Secretary of State who could Universities, District boards and Municipalities.
overrule its decisions.
The functions of the Legislative Councils both at
Approval of the Council was essential in financial Central and Provinces were enlarged, so as to include
matters. Most of the members of the Indian Council the discussion on the financial statement (budget),
were those who had retired from Indian services. addressing questions to the executive, etc.
The Governor-General became known from now as
the Viceroy or Crown’s representative. In matters of Indian Councils Act of 1909
policy and its execution, the Viceroy was increasingly This Act is also known as the Morley-Minto Reforms
reduced to a subordinate position in relation to the after the Secretary of State for India (Lord Morley and
British Government. The Government of India was the Viceroy Lord Minto).
finally directly controlled from London. It changed the name of the Central Legislative Council
The Act for the first time introduced local to the Imperial Legislative Council.
representation in the Indian (Central) Legislative The Act introduced a system of Communal
Council. Of the six new Legislative members of the Representation for Muslims by accepting the concept
Governor-General’s Council, four members were of a Separate Electorate. It was a system where seats
appointed by the local (provincial) governments of were reserved only for Muslims and only Muslims
Madras, Bombay, Bengal and Agra. would be polled.
Indian Councils Act of 1861 It expanded Legislative Council at the Centre from 16
This Act initiated the process of decentralisation by to 69 members and Provincial Legislatures with 52 in
restoring the legislative powers to the Bombay and Bengal, 47 in Madras, Bombay and United Province
the Madras Presidencies. It accorded statutory each, 41 in East Bengal and Assam, 25 in Punjab and
recognition to the Portfolio System. 16 in Burma.
Governor-General’s Council was expanded by Election was introduced for Legislative Council at the
including a minimum of 6 and a maximum of 12 Centre based on the electoral college. It was the first
additional members. These non-official members attempt to introduce a representative and popular
were added only for legislative purposes. element in Indian Administration.
Additional members were to be nominated by the At the Provincial level, the elected non-official
Governor-General for a period of 2 years. members were now in majority.
Similar provisions were made for provincial This Act enlarged the function of the Legislative
Legislative Councils. The membership of each Council such as the right to discussion, asking
Provincial Legislature (Bombay, Bengal, Madras, questions and supplementary questions, etc.
North-Western Frontier Province, Punjab) was
enhanced with a minimum of 4 and a maximum of 8 August Declaration of 1917
additional members nominated for a period of 2 On 20th August, 1917, Montague presented the historic
years. Montague Declaration (August Declaration) in the British
Parliament. This declaration proposed the increased
Indian Councils Act of 1892 participation of Indians in the administration and the
This Act dealt with powers, functions and development of self-governing institutions in India.
compositions of the Legislative Council.
Non-official members of Imperial Legislative Government of India Act, 1919
Council to be nominated not by Britishers but by This Act is also known as the Montague-Chelmsford
Bengal Chamber of Commerce and the Provincial Reforms as Montague was the Secretary of State for
Legislative Councils. India and Lord Chelmsford was the Viceroy of India
Increase in the number of additional members of in 1919.
Central Council between 10 to 16 and increase in It was in favour of the declaration of British
additional non-official members in Provincial Government on 20th August, 1917. Its objective was
Council between 8 and 20. the gradual introduction of responsible government
in India.
 NCERT Notes INDIAN POLITY & GOVERNANCE
04

Features of the Act Government of India Act, 1935

This Act introduced the system of Dyarchy (a term The British Government came up with the
derived from the Greek word di-arche), which means Government of India Act of 1935, after series of
double rule, in the provinces. It was considered to be a efforts in the form of White Papers and Round
substantial step towards transfer of power to the Indians. Table Conferences.
The provincial subjects of administration were to be The Act was a significant step towards establishing
divided into two categories namely transferred and a completely responsible Government in India. It
reserved. was a lengthy document with 321 Sections and
—
The transferred subjects were to be administered by 10 Schedules.
the Governor with the help of ministers responsible to
the Legislative Council. Features of the Act
—
Whereas, the Governor and the Executive Council were This Act made a provision for the establishment of
to administer the reserved subjects without having any an All India Federation consisting of provinces
responsibility towards the Legislature. However, this and princely states as units.
experiment was largely unsuccessful. This Act divided the powers between the Centre
This Act set the Devolution Rules, by which subjects of and Units in terms of three lists
administration were divided into two categories namely, 1. Federal List (59 items)
Central and Provincial. 2. Provincial List (54 items)
Central category had subjects of all India importance 3. Concurrent List (36 items)
(like Railways and Finance), while matters relating to the Residuary powers were vested in the Viceroy.
administration of the provinces were classified as It provided for the adoption of dyarchy at the
Provincial. Centre. Therefore, the federal subjects were
It introduced bicameralism (Concept of two Houses) and divided into reserved subjects and transferred
direct elections in the country for the first time. subjects. Nonetheless, this provision of the Act did
Consequently, the Indian Legislative Council was not come into operation at all.
replaced by a bicameral legislature consisting of an
This Act removed the Council of India (established
Upper House (Council of State) and a Lower House
by the Government of India Act of 1858).
(Legislative Assembly). The majority of members of both
the Houses were to be chosen by direct election. This Act led to the establishment of a Reserve Bank
The number of Indians in the Governor-General’s of India and established a Federal Court in 1937.
Executive Council was raised to three in a council of six This Act introduced Provincial Autonomy and
members (other than the Commander-in-Chief). The abolished dyarchy in the Provinces (introduced in
Indian members were entrusted with departments such 1919).
as law, education, labour, health and industries. This Act introduced responsible governments in
Communal representation extended to Sikhs, Provinces. As per this arrangement, the Governor
Christians, Anglo-Indians, etc. was required to act with the advice of Ministers
responsible to the Provincial Legislature. This
It provided for a new office of the High Commissioner
provision came into effect in 1937, though it was
for India in London and transferred to him some of the
discontinued in 1939.
functions of the Secretary of State for India.
This Act introduced bicameralism with a
It also provided for franchise for those who were
Legislative Council (Upper House) and a
educated, paid tax and had property and granted
Legislative Assembly (Lower House) in 6 out of 11
reservation to women on 41 seats in provincial
Provinces.
legislature and limited reservation in Central legislature.
It extended communal representation to the
It made provision for the establishment of a Public
depressed classes, women and labour.
Service Commission, which came into being in 1926 for
the recruitment of civil servants. It separated Provincial It extended franchise and about 10% of the total
budgets from the Central budget and Provincial population got the voting right.
legislatures were authorised to enact their budgets. It provided for the establishment of Federal Public
It granted franchise to a limited number of people on the Service Commission, Provincial Public Service
basis of property, tax or education. Commission and Joint Public Service Commission
for two or more Provinces.
 NCERT Notes INDIAN POLITY & GOVERNANCE
05

The proposed All India Federation did not materialise. The Act provided for the creation of two independent
It could not convince anyone; the Indian National dominions – India and Pakistan.
Congress, the Muslim League, the Hindu Mahasabha or
It provided for the Partition of Punjab and Bengal
the princely states. Muslims opposed the majority rule.
with separate Boundaries Commissions to
Princes opposed the forces of democracy and Congress demarcate the boundaries between them.
opposed federation by courtesy. Government of India
Besides West Punjab and East Bengal, Pakistan was
Act of 1935 thus, remained a lost ideal.
to consist of territories of Sind, North-Western
The Act of 1935 as a whole, however, was important. It Frontiers Provinces, Sylhet division of Assam,
not only acted as an Interim Constitution, but also Bhawalpur, Khairpur, Baluchistan and eight other
provided a basis for the Constitution of Free India. relatively minor Princely states in Baluchistan.
The Acts alongwith earlier constitutional reforms, gave By this Act, the sovereignty and responsibility of the
direction to the process of change as well as influenced British Crown over India were to lapse from the
its contents. ‘Appointed Day’ (the date India gets independence –
Cripps Mission, 1942 later decided as 15th August, 1947).
Under the Act, following provisions were made :
In 1942, Cripps Mission was sent to India under the —
The post of Secretary of State was abolished and
leadership of Sir Stafford Cripps. Some of the proposals
the Crown was longer the source of authority.
given by the Cripps Mission are given below :
—
The Governor-General and provincial Governors to
Dominion status would be given to India, after the
act as Constitutional Heads.
Second World War. —
Dominion status was given to India.
Once the Second World War ends, an elected body —
Constituent Assembly was to function as the
would be set up in India for framing of Indian
provisional Parliament of the dominion.
Constitution. —
The Constituent Assembly was to have unlimited
Even the Indian States would participate in the
powers to frame any Constitution and to repeal
Constitution-making body.
any Act of British Parliament including the Indian
Almost all the Parties and sections in India rejected the Independence Act.
proposals given by the Cripps Mission.
Interim Government (1946)
Cabinet Mission, 1946
The Indian States and British Provinces would combine
to form the Union of India.
A Constituent Assembly would be established
consisting of 389 members.
14 members from major political parties would form an
interim government.
A representative body would be formed named the
Constituent Assembly.
Until the Constitution was framed, the Constituent
Assembly would act as the Dominion Legislature.
Until the Constitution was framed, India would be
administered as per the Government of India Act, 1935.

Indian Independence Act of 1947

It was based on the famous Mountbatten Plan (3rd
June, 1947). The Act relieved the assent of the crown
on 18th July, 1947 and became effective on 15th
August, 1947.
Member Portfolios Held
Pt Jawaharlal Nehru External Affairs and
Commonwealth Relations
Sardar Vallabhbhai Patel Home, Information and
Broadcasting
Dr Rajendra Prasad Food and Agriculture
Dr John Mathai Industries and Supplies
Jagjivan Ram Labour
Sardar Baldev Singh Defence
 NCERT Notes INDIAN POLITY & GOVERNANCE
04
CH Bhabha Works, Mines and Power
Liaquat Ali Khan Finance
Abdur Rab Nishtar Posts and Air
Asaf Ali Railways and Transport
C Rajagopalachari Education and Arts
Ibrahim Ismail Chundrigar Commerce
Ghazanfar Ali Khan Health
Joginder Nath Mandal Law
06 INDIAN POLITY & GOVERNANCE NCERT Notes IND IAN POLITY & GOVER NANCE
CHAPTER 02
NCERT Notes
05

Making of the
Indian Constitution

Sources Class-VII Old NCERT Chap 1 (How we Made our Constitution?), Class-VIII New NCERT Chap 1 (Indian Constitution),
Class-IX New NCERT Chap 2 (Making of the Constitution), Class-XI New NCERT Chap 1 (Constitution: Why and How?)

Constitution The Constitution also checks the power of the

The Constitution of a country is a set of written rules government by providing a set of Fundamental Rights
that are accepted by all people living together in a that are inviolable under normal conditions. The
country. government cannot take arbitrary and unreasonable
decisions.
The Constitution is the supreme law that determines
Constitution also checks the majoritarianism in a
the relationship among people citizens living in a
diverse society by providing special rights to the
territory and also the relationship between the people
minority groups.
and government.
It generates a degree of trust and coordination that is
Need of Constitution necessary for different kinds of people to live together.
This ensures that minorities are not excluded from
The Constitution is needed due the following reasons:
mainstream society and have access to what is
The Constitution lays out certain ideals that form the available to the majority.
basis of the kind of country in which citizens aspire
Constitution also protects us from ourselves as often
to live in. For example, the Indian Constitution lays
we might take certain decisions which are harmful to
down India to be a sovereign, socialist, secular and
us as well as to others. For example, the reasonable
democratic republic.
restriction imposed along with Fundamental Rights is
The Constitution expresses the aspirations of the to restrict us from taking any hasty decisions.
people about creating a good society. It provides a set
of rules that allow for smooth coordination between Historical Background of
diverse members of society.
The Constitution also defines the nature of a
Indian Constitution
country’s political system. For example, Nepal’s Prior to the Constituent Assembly that convened in
earlier Constitution stated that the country was to be 1948 to draft the Indian Constitution, the Fundamental
ruled by the King and his Council of Ministers. Law of India was mostly enshrined in statutes enacted
by the British Parliament. Government of India Act of
The Constitution specifies which organs have what
1919 and Act of 1935, were prominent among them. In
power so that there is no encroachment on each
other’s powers. 1928, Motilal Nehru and other Congress leaders drafted
a Constitution for India.
Constitution lays down rules that check any misuse
of authority by any of the three organs of the In 1931, at the Karachi Session of the Indian National
government viz. Legislature, Executive and Congress, it was decided that Universal Adult
Judiciary. Franchise, the right to freedom and equality and
 protecting the rights of minorities will be included Parties represented in the Constituent Assembly were
in the Constitution of independent India. the Congress Party, which had a majority, Muslim
In 1934, Indian National Congress presented the League, Scheduled Caste Federation, the Indian
demand for the creation of an Indian Constituent Communist Party and the Union Party.
Assembly in front of the British Indian government. The Constituent Assembly met for the first time in
December 1946 and by November 1949 the draft
Development of the Indian Constitution was approved.
Constitution The Constitution came into effect in January, 1950 and
The Constituent Assembly developed Indian the Constituent Assembly was transformed into a
Constitution in various phases as follows: Provisional Parliament.

Constituent Assembly Framing of the New Constitution 1947-1950

In 1946, the British decided to examine the The Constituent Assembly set up 13 committees for
possibility of granting independence to India. As a framing the Constitution. On the basis of the reports of
result, a British Cabinet Mission was despatched to these committees, a draft of the Constitution was
India to : prepared by a seven-member Drafting Committee under
—
Hold discussions with the representatives of the Chairmanship of Dr BR Ambedkar.
British India and the Indian States in order to The drafting Constitution was published in January 1948.
agree on the framework for writing a On 26th November, 1949, the Constitution of India was
Constitution. passed and adopted by the Constituent Assembly.
—
Set up a constituent body and an Finally, Constitution of India came into force on 26th
executive council. January, 1950.
After this mission negotiations took place
Important Committees of the
afterwards and a Constituent Assembly was
Constituent Assembly and their
indirectly elected by the provincial legislatures
Chairmen
comprising 278 representatives and 15 women by
the method of proportional representation with
the Single Transferable Vote.
The Constituent Assembly came into force in 1946.
Members of the Constituent Assembly included
Jawaharlal Nehru, Dr Rajendra Prasad, Sardar
Patel, Maulana Azad and many more supreme
leaders of the country. On 9th December, 1946, the
first meeting of the Constituent Assembly took
place. Dr. Rajendra Prasad was later appointed as
the Chairman of the Constituent Assembly.
Each Province and each Princely State or Group of
States were allotted seats proportional to their
respective population. 292 members were elected
from (roughly in the ratio of 1:10,00,000). The
Provinces (that were under direct British rule)
while the Princely States were allotted a minimum
of 93 seats.
The Assembly consisted of 389 members
representing provinces (292), states (93), the Chief
Commissioner Provinces (3) and Baluchistan (1).
The strength of the Assembly was reduced to 299
following the withdrawal of the Muslim League
members after the partition of the country.
The seats in each Province were distributed among
the three main communities, Muslims, Sikhs and
General, in proportion to their respective
populations.
Committee Chairman
Committee on the Rules of Procedure Rajendra Prasad
Steering Committee Rajendra Prasad
Finance and Staff Committee Rajendra Prasad
 NCERT Notes INDIAN POLITY & GOVERNANCE 07
Credential Committee Alladi Krishnaswami
Ayyar
House Committee B Pattabhi Sitaramayya
Order of Business Committee KM Munsi
Ad hoc Committee on the National Flag Rajendra Prasad
Committee on the Functions of the GV Mavalankar
Constituent Assembly
States Committee Jawaharlal Nehru
Advisory Committee on Fundamental Vallabhbhai Patel
Rights, Minorities and Tribal and
Excluded Areas
Minorities Sub-Committee HC Mookherjee
Fundamental Rights Sub-Committee JB Kripalani
North-East Frontier Tribal Areas and AssamGopinath Bardoloi
Excluded and Partially Excluded Areas
Sub-Committee
Excluded and Partially Excluded Areas AV Thakkar
(Other than those in Assam)
Sub-Committee
Union Powers Committee Jawaharlal Nehru
Union Constitution Committee Jawaharlal Nehru
Drafting Committee Dr BR Ambedkar
 08 NCERT Notes INDIAN POLITY & GOVERNANCE

Procedure Adopted in the The main ideals/principles outlined in the resolution

Constituent Assembly were:
The Constituent Assembly worked in a systematic, open Constituent Assembly declares India as an
and consensual manner. independent, sovereign, republic and to draw up for
First, some basic principles were decided and agreed her future governance a Constitution.
upon. Then a Drafting Committee prepared a draft India shall be the Union of States.
Constitution for discussion. Several rounds of thorough All powers and authority of India and Government
discussion took place on the Draft Constitution, clause are derived from the people.
by clause. People will get guarantee about Justice, Equality and
The members of the Assembly placed a great Liberty.
emphasis on discussion and reasoned argument. They Adequate safeguards shall be provided for
did not simply advance their own interests but gave minorities, backward and depressed.
principled reasons to other members for their positions. Whereby shall be maintained the integrity of the
The Constituent Assembly worked through the territory of the Republic.
mechanism of committees. The Constituent Assembly The state will contribute to the promotion of world
had eight major committees on different subjects. peace and the welfare of mankind.
Usually, Jawaharlal Nehru, Rajendra Prasad, Sardar
Patel and BR Ambedkar chaired these committees. Important Facts Related to Making of
Each committee usually drafted particular provisions of the Constitution
the Constitution, which were then subjected to debate ■
The duration of the making of Indian Constitution
by the entire Assembly. Usually, an attempt was made to was 2 years, 11 months and 18 days (around three
reach a consensus with the belief that provisions agreed years).
to by all, would not be detrimental to any particular ■
Every debate of Constituent Assembly is recorded and
interests. preserved in 12 sections.
The Assembly met for one hundred and sixty-six days, ■
The task of Constitution-making was completed on
spread over two years, eleven months and 18 days. Its 26th November, 1949 by the Constituent Assembly.
284 members of the Constituent Assembly out of
sessions were open to the press and the public.
299 finally signed the Constitution.
Drafting Committee ■
Every year, 26 November is observed as Constitution
Day in India since 2015.
■
On 29th August, 1947, the Constituent Assembly set-up a
Drafting Committee under the Chairmanship of Timeline of Constituent Assembly
Dr BR Ambedkar to prepare a draft for the Constitution of
India. Thus, BR Ambedkar is rightly regarded as the Session Duration
‘Father of the Constitution of India’. First Session 9-23 December, 1946
■
While deliberating upon the Draft Constitution, the
Second Session 20-25 January, 1947
Assembly moved, discussed and disposed of as many as
2473 amendments out of a total of 7653 tabled Third Session 28 April - 2 May, 1947
amendments. Fourth Session 14-31 July, 1947
Fifth Session 14-30 August, 1947
Objective Resolution adopted in the
Sixth Session 27 January, 1948
Constituent Assembly
The Objectives Resolution, 1946 was introduced by Seventh Session 4th Nov,1948-8 Jan, 1949
Jawaharlal Nehru in the very first session of the Eighth Session 16th May - 16 June, 1949
Constituent Assembly. Basically, these resolutions were the Ninth Session 30th July - 18 Sep, 1949
aspirations of people who were making the Constitution.
Tenth Session 6-17 October, 1949
Principles Outlined in the Objective Eleventh Session 14-26 Nov, 1949
Resolution Indian Constitution has embodied the [The Assembly met once again on 24th January, 1950,
objectives expressed in this resolution. when the members appended their signatures to the
The ideals/principles embodied in the objectives resolution Constitution of India].
are reflected in the Preamble to the Constitution.
 NCERT Notes INDIAN POLITY & GOVERNANCE 09

Important Personalities of Constituent Assembly

Personalities Description He was born

■
■
She was
He was born
■ (1887-1956) in Bengal. born (1879-
1949) in
(1884-1963) in Bihar. He was the
Hyderabad.
■

He was the
■ Vice-Chairman of the
President of the Constituent Assembly. ■
She was a
Constituent He was a reputed
■
proponent of civil
Assembly. author and rights, women’s
educationist emancipation and
He was a lawyer,
anti-imperialists
■

known for his role in HC Mookherjee and Congress leader.

ideas.
the He was also a
She is also known
■

Rajendra Prasad Champaran member of the All as

Satyagraha. India Christian Sarojini Naidu
‘Nightingale of India’.
He was the
■ Council and Bengal
President of Legislative ■
She was born
Congress for the Assembly. (1909-1981) in Andhra
three times. Post-independence,
■
Pradesh.
He was born
■ he was the Governor ■
She was a
(1875-1950) in Gujarat. of West Bengal. member of the
He was Minister of
■
■
He was born Constituent
Home, Information Assembly and the
(1901-1961) in Haryana.
and Broadcasting in Planning Commission of
■
He was a India.
the Interim Durgabai
successful
Government. ■
She was awarded
entrepreneur and Deshmukh
with
He was a Lawyer
■
leader of the Panthic
and leader of Bardoli
■
He was
Akali Party in the
Peasant born (1901-
Punjab Assembly.
Vallabhbhai 1953) in
Jhaverbhai Patel Satyagraha. A nominee of
■

Kolkata.
He played a decisive
■
the Congress in
role in the integration of the
■
He served as the
the Indian princely Minister for Industry
Baldev Singh Constituent Assembly. and Supply in
states. Post-independence, Jawaharlal Nehru’s
■

Post-independence,
■

he was the Defence

he was the Deputy Cabinet.
Minister
of the Drafting Committee.
He was born
■
Shyama Prasad ■
He founded the
(1888-1958) in Saudi ■
He was a social Mukherjee Bharatiya Jana Sangh
revolutionary thinker and He was born
Arabia.
■

agitator against caste (1901-1984) in

He was an
■
Bhimrao Ramji divisions and
educationist, author, Ambedkar West
caste-based Bengal.
theologian.
inequalities.
He was a scholar of ■
He was the Law ■
He was the sole
■

Minister in the first Communist member

Abul Kalam Azad Arabic. cabinet of in Constituent
■
He was a Congress
post-independence Assembly in 1946.
leader active
National
in the
Movement. India. ■
He was the editor
He was the founder of Somnath Lahiri of Swadhinata, a
He also opposed
■

■ the Republican Party of daily left using political

Muslim separatist India. magazine.
politics.
He was born He was
Post-independence, he
■
■

was
■
(1889-1964) in Uttar born (1903-
the Education Minister 1970) in
in Pradesh.
the first Union Cabinet. Jharkhand.
He was born
■
He was the Prime
■ ■
He represented
(1899-1974) in Minister of the Interim the tribal people in
Tamil Nadu. Government. Constituent
He was a lawyer Assembly.
He was a member
■
■

of the Drafting and Congress ■

He was also
Committee. leader. the captain of
Jawaharlal Nehru He was an advocate of
■
Indian
He was an
■

socialism, democracy, Jaipal Singh Hockey team which

entrepreneur
and and anti- won gold medal
imperialism. Post- in 1928
TT Krishnamachari Congress leader.
independence, he Summer
Post-independence, Olympic at
was the first Prime
■

he was the Finance Amsterdam.

Minister of India.
 NCERT Notes INDI AN POLITY & GOVER NANCE
CHAPTER
10 03

Indian Constitution : Preamble

and Its Features

Sources Class-VII Old NCERT Chap 2 (What our Ideals Are : The Preamble), Class-VII New NCERT Chap 3 (Chief Features of
Our Constitution), Class-VIII New NCERT Chap 1 (Indian Constitution), Class-IX & X Old NCERT Chap 4 (The Constitution
of India and its Salient Features), Class-XI Old NCERT Chap 3 (Preamble, Its Main Features and Indian Union)

Preamble of the Indian It also enshrines the grand objectives and

socio-economic goals, which are to be achieved
Constitution through constitutional processes.
A Preamble is an introductory statement in a document Through the Berubari case, the Court stated that
that explains the document’s aims and objectives. In a ‘Preamble is the key to open the mind of the
Constitution, Preamble presents the intention of its makers’ but it cannot be considered as part of the
framers, the history behind its creation and the core Constitution. Therefore it is not enforceable in a
values and principles of the nation. court of law.
The Preamble is based on the Objectives Resolution, In the 1995, for case of Union Government vs Life
which was drafted in the Constituent Assembly by Insurance Corporation (LIC) of India, the Supreme
Jawaharlal Nehru on 13th December, 1946 and adopted Court held that Preamble is an integral part of the
by Constituent Assembly on 22nd January, 1947. Constitution but is not directly enforceable in a
Preamble was drafted by the constitutional advisor of the court of justice in India.
Constituent Assembly, BN Rao. Components of Preamble
The Preamble has been amended only once by the 42nd
The components of the Preamble of the Indian
Constitutional Amendment, 1976. Constitution are :
Through this Amendment, the words socialist and The Preamble shows that the people of India are the
secular were added between the words Sovereign and source of authority. It means power lies with the
democratic and the words ‘unity of the Nation’ were citizens to elect their representatives and they also
changed to unity and integrity of the Nation. have the right to criticise their representatives.
American Constitution is the source of Preamble and its It comprises the date of its adoption, which is 26th
language is derived from Australian Constitution. November, 1949.
The words liberty, equality and fraternity in the It states that the objectives of the Constitution of
Preamble are taken from French Constitution. India, are justice, liberty, equality and fraternity
which is to maintain the integrity and unity of the
Importance and Utility of the nation as well as the citizens.
Preamble It also justifies the nature of the Indian State, which
is sovereign, socialist, republic, secular and
The Preamble of the Constitution contains ideas that the democratic.
Constitution seeks to achieve. It does not grant any
power but it gives direction and purpose to the
Constitution. It outlines the objectives of the whole
Constitution.
NCERT Notes INDIAN POLITY & GOVERNANCE
11

Keywords Used in the Preamble

We the People of India Sovereign
◆
It indicates the ultimate sovereignty of the people of India. ◆
The term Sovereign means the independent power of the state.
◆
Sovereignty means the independent authority of the State, not ◆
In other words, a sovereign state is not subject to the control
being subject to the control of any other State or external power. of any other state or external power and that state has the power
to legislate on any subject.

Republic Socialist
◆
The term Republic indicates that ◆
Socialism means ownership of
the head of the state is elected by productive forces by the
the people. government, so that they benefit
◆
The tradition of hereditary people equally.
rule came to an end by the ◆
India has adopted Democratic
incorporation of this concept. THE CONSTITUTION OF INDIA Socialism, which is different from
Communist Socialism.
PREAMBLE
Secular
WE, THE PEOPLE OF INDIA, having
The term secular means that State Democratic
solemnly resolved to constitute India into
◆

does not recognise any religion a ◆

The term Democratic implies that
and is neutral in matters of the Constitution of India has an
religion. It treats all religions [SOVEREIGN, SOCIALIST, SECULAR,
established form of Constitution
equally. DEMOCRATIC REPUBLIC] and to that gets its authority from the
◆
Supreme Court in SR Bommai vs secure to all its citizens : will of the people expressed in an
Union of India (1994) held that election.
JUSTICE, social, economic and
secularism is the basic structure political; ◆
It indicates that the source of the
of the Constitution. power of the government vests in its
LIBERTY, of thought, expression, people.
Liberty belief, faith and worship;
◆
A democratic government is a
◆
The term Liberty means freedom EQUALITY, of status and of government of the people, for the
for the people to choose their way opportunity and to promote people and by the people.
of life, have political views and among them all
behaviour in society.
FRATERNITY, assuring the dignity of
◆
It means no unreasonable the individual and the unity and Equality
restrictions can be imposed on the integrity ◆
The term Equality means no
citizens in terms of their thoughts, of the Nation; section of society has any special
feelings and views. But liberty privileges and all the people have
does not mean freedom to do IN OUR CONSTITUENT ASSEMBLY been given equal opportunities for
anything, a person can do anything this twenty-sixth day of November, 1949 everything without any
but within the limit set by the law. do HEREBY ADOPT, ENACT AND GIVE discrimination.
◆
Anything, which can create public TO OURSELVES THIS CONSTITUTION. ◆
It means removing all types of
disorder cannot come under discrimination from society to build
liberty. These limits are set by the a healthy environment for the
Constitution to avoid injuries in people to live in. Everyone is equal
the name of liberty. before the law.

Justice Fraternity
◆
Justice among the citizens is necessary to maintain order in society. The term ‘Justice’ ◆
The term Fraternity means a feeling of
comprises of three elements that complete the definition, which are social, economic brotherhood and an emotional
and political. attachment with the country and all the
—
Social Justice It means that the Constitution wants to create a society without people.
discrimination on any grounds like caste, creed, gender, religion, etc. ◆
It refers to a feeling, which helps to
—
Economic Justice It means no discrimination can be caused by people on the basis of believe everyone is the children of
their wealth, income, and economic status. It means wealth must be distributed on the the same soil and connected with
basis of their work, not with any other reason. Every person must be paid equally for each other. Brotherhood is above
an equal position and all people must get opportunities to earn for their living. social norms or regulations, it is the
—
Political Justice It means that all citizens should have equal political rights, equal relationship above caste, age, or
access to all political offices and equal voice in the government. gender.
 NCERT Notes INDIAN POLITY & GOVERNANCE
12

Salient Features of the Constituent Assembly took the best of features

from everywhere and made them its own. Our
Indian Constitution Constitution has features taken from the
The important salient features of the Indian Constitution are : Government of India Act, 1935.
Those features are Federal Scheme, Office of the
World’s Longest Written Constitution
Governor, Judiciary, Public Service Commissions,
The Indian Constitution contains 465 articles, 25 parts and Emergency provisions, Administrative details.
12 schedules. Hence, it is world’s longest Constitution.
It is a comprehensive, elaborate and detailed document. Borrowed Features of Indian Constitution
The factors that have contributed to this phenomenon are Countries Borrowed Features
geographical factors (the vastness of country and Concurrent list, Freedom of trade, commerce
Australia
diversity), historical factors (influence of GoI, 1935), a and intercourse, Joint-sitting of the two
single Constitution for both centre and state and Houses of Parliament.
dominance of legal luminaries. Canada Federation with a strong Centre, Vesting of
residuary powers in the Centre,
Parliamentary Democracy Appointment of state governors by the
Our Parliament has adopted a parliamentary system of Centre Advisory, jurisdiction of the
Supreme Court.
democracy. Constituent Assembly decided to espouse a
parliamentary form of government both for the Centre and Ireland Directive Principles of State Policy,
the states. Nomination of members to Rajya Sabha,
Method of election of the President.
In the Indian parliamentary system, a distinction is made
between the nominal and real executive heads. Japan Procedure established by law.
The Council of Ministers is responsible before the Lok Soviet Union Fundamental Duties, Ideals of justice (social,
Sabha, the Lower House of Union Parliament. There are (USSR) economic and political).
close relations between the executive and the legislature. The UK Parliamentary government Rule of Law,
Executive functions are exercised by members of the Legislative procedure, Single citizenship
Parliament appointed by the Prime Minister to the cabinet. Cabinet system, Prerogative writs
Parliamentary privileges, Bicameralism.
The parties in the minority serve in opposition to the
majority and have the duty to challenge it regularly. Prime US Fundamental Rights, Independence of
judiciary, Judicial review Impeachment of
Minister may be removed from power whenever they lose
the President, Removal of Supreme Court
the confidence of a majority of the ruling party or of the and High Court judges, Post of
Parliament. Vice-President.

Fundamental Rights Germany Suspension of Fundamental Rights during

(Weimar) emergency.
The Constitution of India grants and guarantees
South Africa Procedure for Amendment in the Indian
Fundamental Rights to its citizens. The Constitution of
Constitution, Election of members of Rajya
India confirms the basic principle that every individual is Sabha.
permitted to enjoy certain basic rights and part III of the
The France Republic Ideals of liberty, equality and
Constitution deals with those rights, which are known as a
fraternity in the Preamble.
Fundamental Right.
The six Fundamental Rights include Right to Equality; Fundamental Duties
Right to Freedom; Right Against Exploitation; Right to
Freedom of Religion; Cultural and Educational Rights and The Constitution (42nd Amendment) Act, 1976,
Right to Constitutional Remedies (Art. 32). chapter IV-A introduced a code of ten
‘Fundamental Duties’ for citizens.
The Fundamental Rights are justiciable and are not
absolute. Reasonable constraints can be imposed keeping The Fundamental Duties are indeed to serve as a
in view the security requirements of the state. constant reminder to every citizen that while the
Constitution has specifically conferred on them
Drawn from Various Sources certain Fundamental Rights, it also requires the
Indian Constitution has absorbed those features from other citizens to observe certain basic norms of
nations Constitutions that suited Indian problems and democratic conduct and democratic behaviour.
aspirations.
NCERT Notes INDIAN POLITY & GOVERNANCE
13

Directive Principles of State Policy Each of these three organs has different powers as
A unique aspect of the Constitution is that it comprises per the Constitution of India, this is done to ensure
a chapter in the Directive Principles of State Policy. that there is no misuse of power and balance of
These principles are in the nature of directives to the power is maintained.
government to implement them to maintain social and The executive is a smaller group of people who are
economic democracy in the country. responsible for running the government and
implementing the laws. Our elected representatives
Federation with a Strong Centralising are known as the Legislature and the System of
Tendency courts is known as the Judiciary.
The Indian Constitution includes all the federal
characteristics of governance such as Dual Government
Balance between the Sovereignty of
System (centre and state), division of powers between Parliament and Judicial Supremacy
the three state organs (executive, judiciary and A fine balance has been struck between
legislature), constitutional supremacy, independent parliamentary sovereignty and judicial supremacy
judiciary and bicameralism (lower and upper house). by the Indian Constitution.
Integrated Judicial system The Supreme Court is vested by Articles 13, 32 and
136 with the power of judicial review. By its power
The Constitution provides for a single integrated
of judicial review, it can strike down any
judicial system common for the Union and the states.
parliamentary law as unconstitutional.
The Supreme Court of India works at the apex level,
On the other hand, the Parliament, being the
High courts at the state level and other courts work
representative of the people’s will, has the authority
under the High courts.
to make laws and it can also amend the major part of
Independent Judiciary the Constitution through its powers under Article 368.
It is necessary to secure the philosophical foundations Single Constitution
of the rule of law and democracy. Firstly, the
There are no separate Constitutions for the States.
Constitution makers created a separate Judiciary
independent of legislature and executive. In a true Federation, there are separate Constitutions
for the Union and the States.
Secondly, the Constitution has ensured the complete
independence of the Judiciary in matters of Centre’s Control over States
administration and finances.
The States have to respect the laws made by the
A Mixture of Rigidity with Flexibility Central Government and cannot make any law on
The Indian Constitution strikes a fine balance between matters on, which there is already a central law.
rigidity and flexibility when it comes to ease of Rajya Sabha does not represent the State’s equality.
modification. Article 368 lays down two types of In a true Federation, the upper house of the
modifications. Legislature has equal representation from the
Some provisions may be amended by a special constituting units of the States.
parliamentary majority, i.e. a 2/3rd majority of the Adult Suffrage
members of each House present and vote and the majority
(i.e. more than 50 %) of each House’s total membership. Under the Indian Constitution, every person who is
a citizen of India and who has attained the age of 18
Some other provisions can be amended by a special
years is entitled to vote in Parliamentary and State
parliamentary majority and with half of the total states
Legislature Assembly elections for electing
ratifying them. This ensures that with the widest
representatives.
possible majority, the Constitution is amended.
There is no discrimination in this respect on
At the same time, in the manner of the ordinary
grounds of sex, caste, religion, property, etc.
legislative process, certain provisions of the
Constitution can be amended by a simple majority of Single Citizenship
Parliament. Such Amendments are not within the scope
Though the Constitution of India is federal and
of Article 368.
provides for dual polity, i.e., Centre and States, it
Separation of Power provides for single citizenship for the whole of
India. The American Constitution provides for dual
There are three organs of the Government viz.
citizenship, i.e., the citizenship of America and State
Executive, Legislature and Judiciary, as per the
citizenship.
Constitution of India.
 NCERT Notes INDIAN POLITY & GOVERNANCE
14

On the other hand, there is only one citizenship in The President can declare three types of emergencies
India, i.e., the citizenship of India. There is no State — National(Article 352), State (Article 356) and
citizenship. Every Indian is a citizen of India and Financial (Article 360) emergency in a state.
enjoys the same rights of citizenship no matter in
what state he resides. Three-tier Government
Judicial Review Through 73rd and 74th Amendment Act, we have rural
and urban local bodies as an additional constitutional
The concept of judicial review is an essential feature tier of the government structure.
of the Constitution that helps the Constitution to
This section fulfills the dream of Gandhiji to see a
work properly.
self-functioning village in India.
The judiciary is considered to be the guardian of the
Constitution, thus it is the duty of the judiciary to Independent Bodies
check the actions that are violative of various articles Constitution has set up various independent bodies and
in the Constitution. vested them with powers to ensure the constitutional
The actions of various organs of the government like provisions. These are :
the Executive and Legislature can be questioned by Election Commission The Election Commission of
the judiciary using judicial review. India is an autonomous constitutional authority
Basic Structure Doctrine responsible for administering Union and State election
processes in India.
The basic structure doctrine is an Indian judicial
The body administers elections to the Lok Sabha, Rajya
norm that the Constitution of India has certain basic
Sabha, State Legislative Assemblies in India and the
features that cannot be changed or destroyed
offices of the President and Vice-President in the country.
through amendments by the Parliament.
Comptroller and Auditor General (CAG) It is a
The basic features of the Constitution have not been
openly defined by the Judiciary. constitutional functionary, independent of
Parliament/legislature and executives.
At least, 20 features have been described as ‘basic’ or
‘essential’ by the courts in numerous cases and have The CAG is responsible for Audit of Ministries and
been incorporated in the basic structure. departments of Government of India and the State
governments.
In Indira Gandhi vs Raj Narayan case and also in the
Minerva Mills case, it was witnessed that the claim of UPSC and SPSC The Constitution of India has made
any particular feature of the Constitution to be a the Union Public Service Commission (UPSC) and State
‘basic’ feature would be determined by the court in Public Service Commission (SPSC), advisory
each case that comes before it. institutions that provide advice on the subject sent to it
by the President of India or by the Governors of the
Amendability of the Constitution State respectively. UPSC is the central recruitment
An Amendment of the Constitution can be initiated agency in India and SPSC is the state recruitment
only by the introduction of a bill for the purpose in agency.
either House of Parliament and not in the state These institutions have been provided with security of
legislatures. tenure, fixed service conditions, etc to ensure that they
The bill can be introduced either by a minister or by are not susceptible to the whims of either the legislature
a private member and does not require prior or the executive.
permission from the President. There are three ways
in, which the Constitution can be amended: Unitary Feature of Indian Constitution
—
Amendment by a simple majority of the Parliament. ■
India is a federal government but it more emphasis
—
Amendment by a special majority of the Parliament. towards a unitary system of government. It is sometimes
considered a quasi-federal system as it has features of
—
Amendment by a special majority of the Parliament
both a federal and a unitary system.
and the ratification of at least half of the state
Article 1 of the Indian Constitution states, “India, that
legislatures.
■

is Bharat, shall be a union of states.” The word

Emergency Provisions ‘Federation’ is not mentioned in the Constitution.
■
The Seventh Schedule of the Constitution contains three
Indian Constitution contains elaborate provisions to lists of subjects. These subjects show how the division of
deal with those challenges that pose a threat to the power is made between the two sets of government.
country’s security and unity.
 INDIAN POLITY & GOVERNANCE
NCERT Notes
CHAPTER 04 15

Indian Federation and

Reorganisation of States

Sources Class-IX & X Old NCERT Chap 1 (Our Government in States), Class-X New NCERT Chap 2 (Federalism), Class-XI New NCERT
Chap 7 (Federalism), Class-XII New NCERT Chap 8 (Regional Aspirations), Class-XII New NCERT Chap 1 (Challenges of National
Building), Class-XII Old NCERT Chap 14 (Regional Imbalances : Regionalism, Linguism and Separatism)

Federalism Indian Federalism

Federalism is a system of government, in which Indian Constitution has declared India to be a Union of
the power is divided between a central States. The Constitution of India has adopted federal features
authority and various constituent units of the but it does not claim that it establishes a federation.
country. In the Indian Constitution, the word federation is not
Usually, a federation has two levels of mentioned with regard to the nature of Indian polity.
government. One is the government for the Article 1 of the Constitution describes India as a ‘Union of
entire country that is usually responsible for a States’, which implies two things: firstly, it is not the result
few subjects of common national interest. of an agreement among the states and secondly, the states
The others are governments at the level of have no freedom to secede or separate from the Union.
provinces or states that look after much of Besides, the constitution of the Union and the states is a
the day-to-day administering of their state. single framework within which they must function. The
Both these levels of government enjoy their federation is a union because it is indestructible and helps to
power independently. maintain the unity of the country.
There are two kinds of routes through which
federations have been formed :
Nature of Indian Federalism
—
The first route involves independent states Indian model of federalism is called a quasi-federal system as it
coming together on their own to form a contains major features of both a federation and Union as
bigger unit so that by pooling sovereignty and follows:
retaining identity they can increase their Flexibility of the Constitution The Constitution is a blend of
security. This type of coming together flexibility and rigidity. Certain provisions of the Constitution
federation includes the USA, Switzerland and can be easily amended. In case the amendments seek to
Australia. change aspects of federalism in India, the provision to bring
—
The second route is where a large country about such amendments is not easy.
decides to divide its power between the Unequal Representation of states in the Rajya Sabha The
constituent states and the national representation of the states in the Upper House is based on
government. India, Spain and Belgium are the state’s population. For example, Uttar Pradesh has 31
examples of this kind of holding together seats and Goa has 1 in the Rajya Sabha. In an ideal federal
federations. system, all the states should have equal representation.
 NCERT Notes INDIAN POLITY & GOVERNANCE
16

Governor’s Appointment The Governor of a state

acts as the centre’s representative in the state as Post-Independence Consolidation of
central government appoints the Governor not the India
state government. British India had two types of territories Provinces,
All India Services Through the All India Services governed directly by British officials who were
such as the Indian Administrative Services (IAS), responsible to the Governor-General of India.
Indian Police Services (IPS), etc., the centre Princely states under the control of local hereditary
interferes in the executive powers of the states. rulers having British Government as the sovereign but
These services also offer uniformity in enjoying autonomy based on the treaty.
administration throughout the nation.
When India gained independence on 15th August, 1947,
More Power Vests with the Centre The the British Government dissolved their treaty relations
Constitution guarantees more powers with the with the over 600 princely states, who had the option of
Union List. On the Concurrent List of subjects, the acceding to either India or Pakistan.
Parliament can make laws that can override the Most of the princely states joined India either
laws made by a State legislature on some matters. voluntarily or by armed intervention.
The Parliament can also make laws regarding
certain subjects in the State List. Integration of Princely States
Conflicts in India’s Federal System India’s first Deputy Prime Minister, Sardar Vallabhbhai
Federalism is the most relevant factor of modern Patel played a key role in the integration of the princely
constitutionalism. The core objectives of Indian states.
federalism are unity in diversity, devolution in Accession of the Princely states of Junagadh, Hyderabad,
authority and decentralisation in administration. Kashmir and Manipur proved more difficult than the
Some of the conflicts in the smooth working of Indian rest of the princely states.
federalism are as follows : Junagadh
Regional Assertion vs Central Dominance Indian
It was a small state on the coast of Saurashtra
federalism has a bias for the central government.
surrounded by Indian Territory without any
That’s why states have also sought to assert their
geographical adjacency with Pakistan.
interests and influence over the years, whether in
It’s Nawab Mahabat Khan who announced the
times of one-party dominance or multi-party
accession of his state to Pakistan on 15th August, 1947,
coalition politics. The pluralist character of India
even though the majority of the people, overwhelmingly
gives rise to many factors including regionalism.
Hindu, desired to join India.
Absence of Fiscal Federalism Asymmetrical
Indian troops marched into the state. Later, voting was
sharing of revenue and resource crunch at the
held in the state in February 1948, which favoured
periphery results in uneven development across the
joining India.
country. The current Goods and Services Tax (GST)
measure is feared by many states to be against fiscal Hyderabad
federalism in India.
The Nawab of Hyderabad succeeded in mobilising a
Creation of Linguistic States Union government group of orthodox Muslims called as Ittehadul
has the authority to make, unmake and remake Muslimeen and a militia called Razakars.
state boundaries. The push for regionalisation from
They challenged the idea of India and hence, finally a
various language groups and tribal communities
police action was taken by the Government of India in
compelled the Centre to adopt a formalised
1948 leading to the surrender of Hyderabad on 17th
arrangement of reorganising the federating states in
September of that year. The Nawab agreed to accede
India.
Hyderabad to India.
Centralised Planning Although economic and
social planning is found in the Concurrent List of Kashmir
the Seventh Schedule to the Constitution, the Union It was neither a part of India nor Pakistan at the time of
Government has authority over national and independence. When on 22nd October, 1947, a section of
regional planning in India. Centralised planning, Pakistanis backed by their army attacked Kashmir, the
through the Planning Commission, now NITI King of Kashmir Maharaja Hari Singh requested to help
(National Institute for Transforming India) Aayog from the Indian Government.
appointed by the Centre. After the Maharaja signed the Instrument of Accession,
the Indian Army was sent to help Kashmir.
NCERT Notes INDIAN POLITY & GOVERNANCE
17

Sikkim Fazl Ali Commission

Till 1947, Sikkim was an Indian Princely state ruled by
Jawaharlal Nehru appointed a new commission
the chogyals. In 1947, after the Lapse of British
Paramountey, Sikkim became a ‘Protectorate’ of India. under Fazl Ali in 1953 to consider these new
demands.
Sikkim became an integral part of India in 1975. The
The commission submitted its full report in 1955 and
36th constitutional amendment act was enacted to
made a suggestion for the reorganisation of the whole
make Sikkim a full-fleged state of Indian Union.
country into 16 states and three centrally
Manipur administered areas.
Ruler of Manipur Estate, Bodhchandra Singh signed However, the government did not agree with the
an agreement prior to independence with the recommendations entirely and divided the country
Government of India to become a part of Indian Union. into 14 states and 6 Union territories bypassing the
States Reorganisation Act in 1956.
In 1948, Legislative Assembly elections were held
under the pressure of public. Shah Commission
After that Indian government pressurised the Emperor On the recommendation of the Shah Commission
of Manipur to become a part of India and as a result report the Punjab Reorganisation Act was passed in
Manipur finally merged in India. 1966 by the Parliament and the State of Haryana was
formed.
State’s Reorganisation Chandigarh was made a Union territory with a
The boundaries of provinces in pre-1947, India had common capital of Punjab and Haryana.
been drawn in a haphazard manner as the British
conquest of India had proceeded for nearly a hundred Creation of New States :
years. Constitutional Provision
No heed was paid to linguistic and cultural cohesion so Indian Constitution empowers the Union Government
that most of the provinces were multilingual and to create new states out of existing states or two
multicultural. merge one state with another.
After, the accession of the Princely States and British This process is called the reorganisation of the states.
Provinces, the states were grouped on the basis of The basis of reorganisation could be linguistic,
historical and political considerations rather than on religious, ethnic or administrative.
cultural or linguistic divisions. However, this was just a
Constitutional provisions for the creation of new
temporary arrangement.
states are :
At this juncture, there was a need for the
reorganisation of states on a permanent basis. Hence, Article 2
various committee and commission are formed. Parliament may by law admit into the Union, or
Prominent ones among these are: establish, new States on such terms and conditions as
it thinks fit.
Dhar Commission There are two powers given to Parliament by Article
Due to the growing demand of reorganisation of states 2, namely:
on a linguistic basis, a commission was appointed in (i) The power to admit new States into the Union and
the Chairmanship of SK Dhar in 1948. (ii) The power to establish new States.
The commission preferred reorganisation of states on
the basis of administrative convenience including
Article 3
historical and geographical considerations instead of Formation of new States and alteration of areas,
linguistic lines. boundaries or names of existing States Parliament
may by law:
JVP Committee —
Form a new State by separation of territory from
The JVP Committee was constituted in 1948 and any State or by uniting two or more States or
consisted of Jawaharlal Nehru, Vallabhbhai Patel and parts of States or by uniting any territory to a part
Pattabhi Sitaramayya. of any State;
The Committee submitted its report on April, 1949 and
—
Increase the area of any State
rejected the idea of the reorganisation of states on a —
Diminish the area of any State
linguistic basis. However, it said that the issue might —
Alter the boundaries of any State
be looked with a fresh perspective in the light of public —
Alter the name of any State
demand.
 NCERT Notes INDIAN POLITY & GOVERNANCE
18

Creation of Constitutional Units Part-D States

The Constitution of India came into force on 26th The extremely backward Andaman and the Nicobar
January, 1950. It made India a sovereign democratic Islands were constituted as a Part-D State.
republic. The Republic of India was declared to be a
Part-D state of Andaman and Nicobar would be governed
Union of States under the new Constitution.
by the President of India through a Chief Commissioner.
The Constitution of India divided the states into
four parts – Part-A, Part-B, Part-C and Part-D.
Formation of Andhra
Part-A States Pradesh on Linguistic
There were a total of nine states under Part-A. Basis
These states were the former Governor provinces of ■
The Government of India, in 1953 was forced to create the
British India. These states were to be administered first linguistic state, the state of Andhra, by separating the
by an elected Governor and a state legislature. 16-Telugu speaking districts of Madras state, comprising
of the Coastal Andhra and Rayalaseema Regions.
They were organised by incorporating smaller
Andhra was created after the long drawn agitation and
states into contiguous provinces. For example,
■

death of Potti Sriramulu, after a 56-day hunger strike for

Gujarat and the Deccan were incorporated into the cause.
Bombay.
Part-A states are Bombay, West Bengal, Uttar Formation of Union Territories
Pradesh (former United Province), Madhya Pradesh After the States Reorganisation Act of 1956, Part-C
(former central province), Punjab, Orissa, Madras, and Part-D states were combined into a single
Assam and Bihar. category of ‘Union Territory’.
Part-B States The concept of the UT was added by the Constitution
(Seventh Amendment) Act, 1956. Union Territories (UTs)
There were a total of eight Part-B states. Part-B
are the federal territories and are administered by the
States included the major princely states that joined
Union Government of India. In the Union Territories,
India.
Lieutenant Governors are appointed by the President of
The executive heads of the Part-B states were India who serves as their administrators.
designated as Raj Pramukhs. They would be ruled
like the Part-A States with Legislatures and Puducherry, Jammu and Kashmir and Delhi were granted
Councils of Ministers. partial statehood, that’s why they are the exception in
this regard. They have an elected legislature and
The Raj Pramukhs, who were mainly former
government.
princes, were appointed by the President of India.
The description of the formation of Union Territories is as
Part-B states are Mysore, Hyderabad, Jammu and
follows :
Kashmir, Rajasthan, Travancore-Cochin,
Saurashtra, Patiala and East Punjab States Union Delhi was earlier a State. On 27th March, 1952, the first
(PEPSU) and Madhya Bharat (a new state, formed Delhi Legislative Assembly elections were held on 48
by integrating Indore, Gwalior and the other Central seats. Chaudhary Brahm Prakash Yadav was the first CM
Indian States). of Delhi. However, after the State Reorganisation Act of
1956, Delhi lost its Statehood and became a Union
Part-C States Territory. In 1991, Partial Statehood status was granted
There were a total of ten Part-C states. The smaller to the Union Territory of Delhi and it came to be known
princely states that joined India were merged and as the National Capital Territory of Delhi.
constituted as the Part-C States along with some of In 1954, Puducherry was merged into the Republic of
the old Chief Commissioner’s Provinces. India after attaining independence from French Rule and
The executive head of a Part-C State would be either became the Union Territory of Puducherry. In 1963,
a Chief Commissioner or a Lieutenant-Governor. Puducherry was granted the status of Partial Statehood.
Parliament could create legislatures and Councils of Chandigarh became a Union Territory in 1956.
Advisors/Ministers in such states. Lakshwadeep became a Union Territory in 1956.
Part-C states are Himachal Pradesh, Delhi, Kutch,
In 1961, Daman and Diu and Goa were merged into the
Ajmer, Bilaspur, Vindhya Pradesh, Bhopal, Tripura,
Republic of India, after attaining independence from
Manipur and Coorg.
Portuguese Rule. In 1987, Goa was granted the status of
Statehood and became the first Union Territory to
receive such status.
 NCERT Notes INDIAN POLITY & GOVERNANCE
19

In 2019, Jammu and Kashmir Reorganisation Act, 2019 was passed by the Indian Parliament and it reconstituted
the state of Jammu and Kashmir into two Union territories- UT of Jammu and Kashmir and UT of Ladakh.
In 2020, Dadra and Nagar Haveli and Daman and Diu were merged into a single Union Territory known as
Dadra and Nagar Haveli and Daman and Diu.
Andaman and Nicobar Islands is a Union Territory of India consisting of 572 islands, of, which 38 are inhabited,
at the junction of the Bay of Bengal and the Andaman Sea.

Timeline- Creation of New States and Union Territories in

India
Nagaland ■
It was carved out from the state of Assam by the State of Nagaland Act, 1952.
Andhra Pradesh ■
It was created by the Andhra State Act, (1953) by carving out some areas from the State of Madras.
■
Kurnool was the capital and High Court was established at Guntur.
Kerala ■
It was created by the State Reorganisation Act, 1956.
■
It comprised Travancore and Cochin areas.
Gujarat and Maharashtra ■
The state of Mumbai was divided into two states i.e. Maharashtra and Gujarat by the Mumbai
(Reorganisation) Act, 1960.
Haryana ■
It was carved out from the state of Punjab by the Punjab (Reorganisation) Act, 1966.
Meghalaya, Manipur ■
These were first carved out as a ‘sub-State’ or ‘autonomous state’ within the State of Assam by 22nd
and Tripura Constitutional Amendment Act, 1969. Later in 1971, they received the status of a full-fledged State by
the North-Eastern Areas (Reorganisation) Act, 1971.
■
These States were elevated from the status of Union Territories by the North-Eastern Areas (Reorganisation)
Act, 1971.
■
The two Union Territories of Mizoram and Arunachal Pradesh (originally known as North-East Frontier
Agency—NEFA), came into being.
Himachal Pradesh ■
The Union Territory of Himachal Pradesh was elevated to the status of state by the State of Himachal Pradesh
Act, 1970.
Karnataka ■
It was created from the Princely State of Mysore by the State Reorganisation Act,1956.
■
It was renamed Karnataka in 1973.
Sikkim ■
Sikkim was first given the Status of Associate State by the 35th Constitutional Amendment Act, 1974 while it
was under the rule of ‘Chogyal’.
■
It got the status of a full-fledged state in 1975 by the 36th Amendment Act, 1975.
Mizoram ■
It was elevated to the status of a full-fledged state by the State of Mizoram Act,1986.
Arunachal Pradesh ■
It received the status of a full-fledged state by the State of Arunachal Pradesh Act, 1986.
Goa ■
Goa was separated from the Union Territory of Goa, Daman and Diu. It was made a full-fledged state by the
Goa, Daman and Diu Reorganisation Act, 1987.
■
But Daman and Diu remained as Union Territory.
Chhattisgarh ■
It was formed by the Constitutional Amendment Act, 2000 by dividing Madhya Pradesh on 1st November, 2000.
■
Uttarakhand was formed by the Constitutional Amendment Act, 2000 by dividing Uttar Pradesh on
9th November, 2000.
Jharkhand ■
It was formed by the Constitutional Amendment Act, 2000 by dividing Bihar on 15th November, 2000.
Telangana ■
On 2nd June, 2014, Telangana was created after bifurcation it from erstwhile Andhra Pradesh.
 NCERT Notes INDI AN POLITY & GOVER NANCE
CHAPTER
20 05

Citizenship

Sources Class-VII Old NCERT Chap 11 (Citizenship), Class-IX & X Old NCERT Chap 3 (Society and Citizens),
Class-XI New NCERT Chap 6 (Citizenship)

Meaning of Citizenship Components of Citizenship

Citizenship is one of the most commonly used term Citizenship refers to the rights and duties of the
in a democracy. It is used at all levels of politics; in members of a nation-state.
formal legal documents, in laws, in Constitution, in Citizenship has three components civil, political and
party manifestoes and in speeches. social.
The most widely accepted definition of citizenship —
Civil citizenship for individual freedoms and
is full and equal membership in a political are institutionalised in the law courts.
community. —
Political citizenship guarantees the right to participate
This definition was given by the English Sociologist in the exercise of political power in the community,
TH Marshall in his work Citizenship and Social either by voting or by holding political office.
Class written in 1949. —
Social citizenship is the right to participate in an
The philosophical roots of this definition can be appropriate standard of living, this right is embodied in
traced to the Greek and Roman conceptions of the welfare and educational systems of modern
man as a political being and citizenship as the societies.
capacity to govern and to be governed.
Provisions for Citizenship
Meaning of Citizen
As per our Constitution, the following four categories of
A citizen is a legally recognised subject or national persons became the citizen of India at its commencement:
of a state or commonwealth.
Persons Domiciled in India (Article 5) A person who
A citizen is a member of a society, community,
had his domicile in India alongwith fulfilled anyone of
(originally a city or town but now usually a country)
the three conditions :
and carries with it rights to political participation,
such membership is called citizenship. (a) If he was born in India.
(b) If either of his parents was born in India.
A citizen is not anyone who lives in a nation-state.
Among those who live in a nation-state, these are (c) If he has been ordinarily resident in India for not less
citizens and aliens. A citizen is not just an than 5 years immediately before the commencement of
inhabitant. the Constitution.
All governments demand certain duties from the Persons Migrated from Pakistan (Article 6) A person
citizens. But, in return, the state must also admit who migrated to India from Pakistan, if he or either of
some demands of the citizens on itself. These are his parents or his grandparents was born in undivided
called rights. India alongwith fulfilled anyone of the two conditions
A citizen must have political rights. A person who is (a) if he migrated to India before 19th July, 1948, he had
ruled by laws but who has no political rights is not been ordinarily resident in India, since the date of
a citizen. his migration.
 NCERT Notes INDIAN POLITY & GOVERNANCE
21

(b) if he migrated to India on or after 19th July, 1948, Article 10 It deals with continuance of the rights of
he had been registered as a citizen of India. But, a citizenship. According to it, every person who is citizen
person could be so registered only if he had been of India under any of the foregoing provisions shall,
resident of India for six months preceding the subject to the provisions of any law that may be made by
date of his application for registration. Parliament.
Persons Migrated to Pakistan but later Returned Article 11 It deals with Parliament to regulate the right of
to India (Article 7) A person who migrated to citizenship by law. It states that nothing in the foregoing
Pakistan from India after 1st March, 1947, but later provisions shall derogate the power of Parliament to
returned to India for resettlement could become make any provision with respect to the acquisition and
an Indian citizen. For this, he had to be resident of termination of citizenship.
India for six months preceding the date of his
application for registration. Acquisition and Determination
Persons of Indian Origin Residing Outside India
(Article 8) This provision covers the overseas
of Indian Citizenship
Indians who may want to acquire Indian According to the Citizenship Act, 1955, there are four ways
citizenship. An Indian person residing outside in which Indian citizenship can be acquired i.e., birth,
India shall become an Indian citizen by registering descent, registration and naturalisation.
as citizen by the diplomatic or consular By Birth
representative of India in the country of his
Every person born in India on or after 26th January, 1950
residence.
but before 1st July, 1987 is an Indian citizen irrespective
Constitutional Provisions for of the nationality of his/her parents.
Citizenship Every person born in India between 1st July, 1987 and
2nd December, 2004 is a citizen of India given either of
The different constitutional provisions for citizenship
his/her parents is a citizen of the country at the time of
are as follows :
his/her birth.
Article 5 It provided for citizenship on the Every person born in India on or after 3rd December,
commencement of the Constitution. All those 2004 is a citizen of the country given both his/her parents
domiciled and born in India were given are Indians or at least one parent is a citizen and the
citizenship. Even those who were domiciled but other is not an illegal migrant at the time of birth.
not born in India, but either of whose parents was
born in India, were considered citizens. By Registration
Article 6 It provides citizenship to certain persons Citizenship can also be acquired by registration.
who have migrated to India from Pakistan or Some of the mandatory rules are :
anyone who migrated to India before 19th July, A person of Indian origin, who has been a resident of
1949.Such persons also would automatically India for 7 years before applying for registration.
become an Indian citizen, if either of his parents or A person of Indian origin, who is a resident of any
grandparents was born in India. country outside undivided India.
Article 7 It provides Rights of citizenship to certain A person who is married to an Indian citizen and is
migrants of Pakistan. Those who had migrated to ordinarily resident for 7 years before applying for
Pakistan after 1st March, 1947 but subsequently registration.
returned on resettlement permits were included Minor children of persons who are citizens of India.
under this article.
Article 8 It provides right of citizenship to certain By Descent
persons of Indian origin residing outside India. Any A person born outside India on or after 26th January,
Person of Indian origin residing outside India who, 1950, is a citizen of India by descent if his/her father was
or either of whose parents or grandparents, was a citizen of India by birth.
born in India could register himself or herself as an A person born outside India on or after 10th December,
Indian citizen with Indian Diplomatic Mission. 1992, but before 3rd December, 2004, if either of his/her
Article 9 It states that persons voluntarily parents was a citizen of India by birth.
acquiring citizenship of a foreign State not to be If a person born outside India on or after 3rd December,
citizens. No person shall be a citizen of India by 2004, has to acquire citizenship, his/her parents have to
virtue of Article 5, or be deemed to be a citizen of declare that the minor does not hold a passport of
India by virtue of Article 6 or Article 8, if he has another country and his/her birth is registered at an
voluntarily acquired the citizenship of any foreign Indian consulate within one year of birth.
State.
 NCERT Notes INDIAN POLITY & GOVERNANCE
22

By Naturalisation Non-Resident Indian (NRI)

A person can acquire citizenship by naturalisation, if Non-resident refers only to the tax status of a citizen
he/she is ordinarily resident of India for 12 years who, as per Section 6 of the Income-Tax Act of 1961,
(throughout 12 months preceding the date of has not resided in India for a specified period for the
application and 11 years in the aggregate) and fulfills purposes of the Income Tax Act.
all qualifications in the third schedule of the For the purposes of the Income Tax Act, ‘residence in
Citizenship Act. India’ requires a stay in India of at least 182 days in a
Citizenship by financial year or 365 days spread out over four
consecutive years and at least 60 days in that year.
Incorporation of According to the act, any Indian citizen who does not
Territory meet the criteria as a ‘resident of India’ is a non-
If any territory becomes a part of India, the Central resident of India and is treated as NRI for paying Income
Government, may by orders notified in the official tax.
Gazette, specify the persons who shall be citizens of According to a Ministry of External Affairs report, there
India. are 32 million NRIs and PIOs residing outside India and
overseas Indians comprise the world’s largest overseas
This is specified by reasons of their connection with
diaspora.
that territory, and those persons shall be citizens of
India as from the date to be specified in the order. Person of Indian Origin (PIO)
A Person of Indian Origin (PIO) means a foreign citizen
Termination of Citizenship (except a national of Pakistan, Afghanistan, Bangladesh,
Citizenship is terminated either by renunciation or China, Iran, Bhutan, Sri Lanka and/or Nepal), who
acquisition of citizenship of another country. —
at any time held an Indian passport (but not currently)
Termination is covered in Section 9 of the or
Citizenship Act, 1955. —
either of their parents/grandparents/great-grandparents
Section 9(1) of the Act provides that any citizen of were born and permanently resident in India as
India, who by naturalisation or registration and defined in Government of India Act, 1935 and other
capacity, becomes citizen or national of another territories that became part of India thereafter
country, shall cease to be a citizen of India. provided neither was at any time a citizen of any of
the aforesaid countries (as referred above) or
Renunciation of Citizenship —
is a spouse of a citizen of India or a PIO.
Renunciation is covered in Section 8 of the
Citizenship Act, 1955. If any citizen of India of full
Overseas Citizen of India (OCI)
age wants to renounce his Indian citizenship; the The following individuals qualify for registration as an
declaration shall be registered by the prescribed OCI A person who at any time held an Indian
authority. After such registration, person shall cease passport.
to be a citizen of India. If any such declaration is A person whose either parent or grandparent or great
made during any war in which India may be grandparent was born in and was a permanent resident
engaged, registration thereof shall be withheld until of India. But they neither was at any time a citizen of
the Central Government otherwise directs. Pakistan or Bangladesh or any other country that may
When a person ceases to be a citizen of India, every be specified by the Government from time to time.
minor child of that person shall thereupon cease to A person, who was a citizen of India or was eligible to
be a citizen of India. become a citizen on or at any time after 26th January,
Any such child may within one year after attaining 1950.
full age, can make a declaration that he wishes to Any person who, or whose parents or grandparents
resume Indian citizenship and shall thereupon again were born in India as defined in the Government of
become a citizen of India. India Act, 1935 (as originally enacted),
For the purpose of this section, any woman who is, Any person who was ordinarily residing in any country
or has been, married shall be deemed to be of full outside India was eligible to become a citizen of India
age. on 26th January, 1950.
A minor child whose both parents are citizens of India
Overseas Indians or one of the parents is a citizen of India; or
Overseas Indians are people of Indian birth or ancestry A Person of Foreign Origin who is a spouse of a citizen
who live outside the Republic of India. NRI, PIO and OCI of India/OCI cardholder and whose marriage has been
are Overseas Indians. registered and subsisted for a minimum period of
two years.
 INDIAN POLITY & GOVERNANCE
NCERT Notes
CHAPTER 06 23

Fundamental Rights

Sources Class-VII Old NCERT Chap 4 (Our Fundamental Rights), Class-IX New NCERT Chap 5 (Constitutional Rights),
Class-IX & X Old NCERT Chap 5 (Fundamental Rights and Directive Principles of State Policy), Class-XI New NCERT
Chap 2 (Rights in the Indian Constitution), Class-XI Old NCERT Chap 4 (Fundamental Rights, Fundamental Duties
and Directive Principles of State Policy), Class-XII Old NCERT Chap 7 (Rights and Duties : Meaning and Relationship)

Rights Historical Background of Fundamental Rights

Rights are social claims necessary for the Fundamental Rights were first developed in Britain is
development of human personality. They are not happened when the people of Britain pushed King John
entitlements that a person possesses. to sign the Magnacarta in 1215.
Rights are universal as they are assured to everyone In 1789 AD, the Constitution of France gave
without any discrimination. constitutional status to the Fundamental Rights.
In American Constitution, Fundamental Rights were
Fundamental Rights added in 1791 by adding Bill of rights.
The Fundamental Rights promote the ideals of
political democracy.
Historical Background of
Fundamental Rights in India
It means they prevent the establishment of an
authoritarian and despotic rule in the country and The Indian National Congress at its special session in
protect the liberties and freedoms of the people Bombay in 1918 demanded that the new Government of
against the invasion by the state. India Act, 1919 (Montague-Chelmsford Reforms) should
The Fundamental Rights aim at establishing ‘a contain Declaration of Rights for the people of India.
government of laws and not of men.’ At Madras Session 1927, the Indian National Congress
demanded that the future Constitution of India must
Importance of Fundamental Rights
contain fundamental rights.
The Fundamental Rights have been declared A demand for Fundamental Rights was also made
essential rights so that human liberty may be through the report of the All Parties Conference (Nehru
preserved, human personality be developed and an Committee Report) in 1928.
effective social and democratic life may be
promoted. At Karachi Session, 1931, the Indian National Congress
further committed itself to individual rights which
In the Maneka Gandhi vs Union of India Case, included social and economic rights.
1978, Justice Bhagwati observed ‘‘These
Fundamental Rights represent the basic values The Sapru Committee (1944-45) pleaded for two types
cherished by the people of this country since, the of fundamental rights i.e., justiciable and
Vedic times and they are calculated to protect the non-justiciable.
dignity of the individual and create conditions, in On 24th January, 1947, the Constituent Assembly elected
which every human being can develop his an Advisory Committee on Minorities and Fundamental
personality to the fullest extent.’’ Rights, under the Chairmanship of Vallabhbhai Patel.
 NCERT Notes INDIAN POLITY & GOVERNANCE
24

Restrictions on Fundamental Rights Right to Property was excluded from the Fundamental
The Fundamental Rights of an individual have been Rights by 44th Amendment Act, 1978.
restricted under some or all of the following grounds
Right
under various articles : to
For the security of the state Equalit
Right y Righ
For the maintenance and promotion of the interest of against t
women, children and the socially and educationally Exploitatio to
n Freedom
backward classes
To maintain friendly relations with foreign states
In case of defamation Fundamental Rights
Contempt of courts
For the maintenance of public order, decency and Cultura Right
morality l to
and Constitution
Right to
Essential Rights of People: Social, Educational
Freedo al
Right
Economic, Political, Cultural and Legal m of Remedie
Religio
The Right to Life is a basic right without which all n
other rights are meaningless. This right means that
the state guarantees the protection of life, protection
Fundamental Rights in the Indian Constitution
against any injury; even suicide is considered as
crime. Fundamental Rights are the political and civil rights
Certain economic rights include the right to work, the meant for all the citizens in Part III of the
right to social security and rest and leisure. With Constitution.
work and without material security, an individual is Fundamental Rights are borrowed mainly from the
unable to enjoy the fruits of other rights. Universal Declaration of Human Rights, 1948 (UDHR)
There are political rights of the individuals. It is these and Bill of Rights enshrined in the American
rights that make individuals full-fledged citizens. Constitution.
Among these, the right to franchise, to contest Further, State shall not make any law that takes away
elections, to hold public office, to form political or abridge the rights conferred in Part III of the
parties are some which need mention. Constitution.
The liberal-democratic systems ensure the primacy of The Fundamental Rights are provided to protect the
political rights over social rights and of social rights dignity of the individual. They create conditions in
over the economic. The order is reversed in socialist which every human being can develop his or her
societies i.e., economic rights, social rights and personality to the fullest extent possible. The
political rights. Constitutional remedies make the Fundamental Rights
Economic rights, in liberal societies, are reduced to active, alive and functional.
the right to protection of property, to workable
equality within the framework of the private property Definition of State (Article 12)
system, not to be exploited by the employer, to ■
Article 12 defines the term State for the purpose of the
unemployment allowance. Fundamental Rights. Article 12 provides that unless the
context otherwise requires, ‘the State includes the
In socialistic societies, the right to work precedes the
government and the legislature of each of the states and
right to education, the right to education precedes the all local or other authorities within the territory of India
right to hold an independent opinion. or under the control of the Government of India.’
Constitutional Status of ■
Article 12 gives an inclusive and not exhaustive definition
of the state. So, definition of the State includes , the
Fundamental Rights Government and Parliament of India ; the Government
Fundamental Rights are provided in the part 3 of and the Legislature of each of the state ; all local or other
Indian Constitution from Article 12 to 35. authorities within the territory of India and all other
authorities under the control of the Government of
Originally there were 7 Fundamental Rights in India.
Constitution but in Present there are only six
Fundamental Rights available to citizens.
 NCERT Notes INDIAN POLITY & GOVERNANCE
25

Classification of Fundamental Article 15 Has been amended to additionally permit

the government to provide for the advancement of
Rights ‘economically weaker sections’.
On the basis of nature, Fundamental Rights can be Further, up to 10% of seats may be reserved for such
classified, into six groups. sections for admission in educational institutions.
1. Right to Equality (Article 14-18) Such reservation will not apply to minority
2. Right to Freedom (Article 19-22) educational institutions.
3. Right against Exploitations (Article 23-24) Equality of Opportunity in Matters of
4. Right to Freedom of Religion (Article 25-28) Public Employment (Article 16)
5. Cultural and Educational Rights (Article 29-30)
Article 16 It creates the right to equality of
6. Right to Constitutional Remedies (Article 32-35)
opportunity in public employment which explains
that no citizen shall be discriminated against or be
1. Right to Equality (Article 14- ineligible for any employment or office under the
18) State on grounds only of religion, race, caste, sex,
Article 14 to 18 deals with Right to Equality. Their place of birth, descent or residence.
description is given below : Article 16 The Constitution prohibits discrimination
in employment in any government office. However,
Equality Before Law (Article 14) the government can allow reservation for any
The State shall not deny any person ‘equality before law’ ‘backward class of citizens’, if they are not
and ‘equal protection of laws’ within the territory of adequately represented in the services under the
India. state. Article 16 has been amended to permit the
‘Equality before law’ is borrowed from the British government to reserve up to 10% of all posts for the
Constitution and negative in connotation implying the ‘economically weaker sections’ of citizens.
absence of any special privilege in favour of the Abolition of Untouchability (Article 17)
individual whereas ‘Equal protection of laws’ is
Our Constitution abolishes untouchability and
borrowed from the US, but positive in connotation. It
forbids its practice in any form. In pursuance of this
means that all people have to get equal treatment in
article, the Parliament enacted Untouchability
similar circumstances.
Offences Act in 1955.
Prohibition of Discrimination on Certain It has been renamed as Protection of Civil Rights
Grounds (Article 15) Act, 1995. Further to strengthen the legislation the
Article 15 directs that the State shall not discriminate government enacted the Scheduled Castes and
against a citizen on grounds of religion, race, caste, sex or Scheduled Tribes Prevention of Atrocities Act in
place of birth, or any of them. 1989 and Scheduled Castes and Scheduled Tribes
It prohibits discrimination but permits the state to make ‘Prevention of Atrocities rules’ in 1995.
special provisions. Abolition of Titles (Article 18)
Article 15-clause (1) The State is prohibited to State has abolished all the titles to create equality
discriminate between citizens on grounds only of among citizens in the free and independent India.
religion, race, caste, place of birth, or any of them. Military and Academic distinction are however,
Article 15-clause (2) It prohibits discrimination by the exempted from the provision for they are an
State and the citizens with regard to access to shops, incentive to further efforts for the perfection of the
public restaurants, hotels and places of public military power of the State.
entertainment or the use of wells, tanks bathing ghats,
roads and places of public resorts maintained wholly or 2. Right to Freedom (Article 19-22)
partly out of State funds or dedicated to the use of the Freedom as Fundamental Rights has been explained
general public. under Articles 19-23. All citizens shall have the right to
Article 15 (3) It recognises the need for special freedom of speech and expression, peaceful assembly
protection, it offers special protection for women and without arms, unionisation or forming association, free
children. movement and freedom to settle anywhere within
Article 15(4) It provides reservation for socially and country.
educationally backward classes of the citizens or for the
Scheduled Castes and Scheduled Tribes.
 NCERT Notes INDIAN POLITY & GOVERNANCE
26

Right to Freedom of Speech and Protection of Life and Personal Liberty

Expression (Article 21)
(Article 19)
Protection of life and personal liberties means that
Citizens have been granted freedom to express one’s ‘no person shall be deprived of his or her life or
conviction and opinions freely by word of mouth, personal liberty except according to procedure
writing, printing, pictures or any other mode. It includes established by law’. Thus, assures personal liberty
the freedom of press. Therefore, pre-censorship of of citizens against the arbitrary action on the part of
newspapers and magazines are invalid. the law enforcing authorities.
The above rights have some reasonable restrictions. The All people have been provided safeguards against
grounds of restrictions for freedom of speech and arbitrary arrest and detention.
expression are :
—
Security of the State Right to Education (Article 21A)
—
Friendly relation with foreign States, The State shall provide free and compulsory
■

—
Public order, education to all children of the age of 6 to 14 years
—
Decency and morality, in such a manner as the state may, by law,
determine.
—
Contempt of court,
Article 21(A) was added by the 86th Constitution
Defamation,
■
—

(Amendment Act), 2002.

—
Incitement of an offence,
—
Sovereignty and integrity of India. Right to Education Bill, 2009
Article 19 (1)(d) The right of assembly includes the right The Parliament on 3rd August, 2009 passed the
■

to hold meeting and to take out processions. This right is right of children to Free and Compulsory Education
Bill, 2009. The bill seeks to provide education to
subject to the restriction of being peaceful and without
children between 6 to 14 years of age.
arms. Citizens have right to form, to join an association
The bill seeks to achieve ten broad objectives which
■

or trade union. Every citizen of India has also the right to include free and compulsory education, obligation
reside and settle in any part of India but the grounds of on the part of the state to provide education, nature
restriction include the interest of general public as well of curriculum consistent with Constitution, quality,
as state. focus on social responsibility and obligation of
Article 19(1) (e) All citizens shall have the right to teachers and debureaucratisation in admissions,
practice any profession or to carry out any occupation or etc.
trade or business with reasonable restrictions, in the
interest of general public and in prescribing professional Protection against Arrest and Detention
or technical qualification necessary for practicing any
in Certain Cases (Article 22)
profession or carrying out any occupation, trade or
business. Guarantees four rights to the person who is arrested
under an ordinary law. These are :
Article 19(1) (f) Right to Property is not a Fundamental
Right but it is a legal right. Citizens have rights to The right to be informed as soon as, may be the
acquire, hold and dispose of property. This is dropped ground of arrest.
through the 44th Amendment to the Constitution in 1978. The right to consult and to be represented by a
lawyer of one’s own choice.
Protection in Respect of Conviction for
Offences The right to be produced before a magistrate within
(Article 20) 24 hours.
The freedom from detention beyond the set period
The Indian Constitution observes that ‘no person shall be
except by the order of the magistrate.
convicted of any offence except for violation of law in
force at the time of the commission of the act charged as
an offence, nor be subjected to a penalty greater than Preventive Detention
that which might have been inflicted under the law in It means detention of a person without trial and
■

force at the time of commission of the offence’. This is conviction by court. Its purpose is not to punish a
person for a past offence but to prevent him from
known as ex-post facto law.
committing an offence in the Near future.
It also guarantees a person against a double jeopardy i.e. Preventive detention is only a precautionary
■

a person should not be punished twice for the same measure.

offence. While Constitution prohibits ‘self-incrimination’,
which means no person accused of any offence shall be
compelled to be a witness against himself.
 NCERT Notes INDIAN POLITY & GOVERNANCE
27

3.Rights against Exploitation Freedom From Attending Religious Instruction

(Article 28) Freedom as to attendance at religious
(Article 23 -24)
instruction or religious worship in certain
Rights against Exploitation are explained under Article 23 educational institutions. (1) No religious instruction
and 24. shall be provided in any educational institution
Prohibition of Traffic in Human Beings and Forced wholly maintained out of State funds.
Labour (Article 23) Prohibits trafficking in human
beings, beggar, slavery and other similar forms of forced 5.Cultural and Educational Rights
labour. (Article 23)- Clause (2) permits the State to (Article 29-30)
impose compulsory services for public purposes.
Trafficking in human being means selling and buying Article 29 and 30 of the Indian Constitution deals with
men, women and children like marketable commodities. the Cultural and Educational Rights.
The traffic in human beings include slavery, immoral Protection of Interest of Minorities (Article 29)
traffic in women and children for immoral purposes like
sex work and other forms of forced labour. State has been entrusted responsibility of protection of
interests of minorities. It also confers minorities right
Prohibition of Employment of Children in
to establish and administer educational institutions
Factories (Article 24) The Constitution clearly prohibits and provides following distinctive rights :
employment of Children below 14 years of age in
Article 29 (1) Right of any section of citizens to
factories and hazardous employment. The government
conserve its own language, script or culture.
has enacted several laws to prohibit children from
working. Some of the legislations are Employment of Article 29 (2) Right of the citizen not to be denied
Children Act, 1938, Children (pledging of labour) Act, admission in to any state maintained or state aided
1933, the Mines Act, 1952 and Child Worker Regulation institutions on grounds of religion, caste, race or
Act, 1986. language.

4.Rights to Freedom of Religion Right of Minorities to Establish and

Administer Educational Institutions
(Article 25-28) (Article 30)
The term ‘religion’ is not defined in the Constitution
Right of all religion and linguistic minorities to
whereas it also guarantees secularism as one of the ideals
establish and administer educational institutions of
of the Constitution.
their choice.
Freedom of Conscience and Free Profession, Practice
Right of an educational institution not to be
and Propagation of Religion (Article 25) It guarantees
discriminated in matters of State aid on grounds
(a) freedom of conscience, (b) freedom to profess,
that it is managed by a religious or linguistic
practice and propagate any religion. Reasonable
restrictions to this freedom are religious liberties subject minority. The word ‘minority’ has not been defined
to public order, morality and health. in the Constitution but it has intent to use term in
wide sense i.e. section of citizens.
Right to Manage Religious Affairs (Article 26) Further
subject to public order, morality and health every Minorities shall be protected in respect of their
religious denomination or any section should have the language, script and culture. The state shall not
following rights to establish and maintain institutions make any law that operates oppressively or
for religious and charitable purposes : prejudicially.
—
To manage its own affairs in the matters of religion.
—
To own and acquire movable and immovable properties. Right to Property
—
To administer such properties in accordance with law.
■
This right was deleted from the list of Fundamental
Rights and made a Legal Right under Article 300(A) in
Freedom from Payment of Taxes for Promotion of Any Part XII of the Constitution by the 44th Amendment
Particular Religion (Article 27) In order to ensure the Act, 1978. Now, there are only six Fundamental
secular character, Article 27 provides ‘no one shall be Rights.
compelled to pay any tax for the promotion or ■
The Fundamental Rights weave a pattern of
maintenance of any particular religion or religious guarantee on the basic structure of human rights and
denomination’. This is to ensure the secular character of impose negative obligations on the state not to
the State. Consequently, there is prohibition of religious encroach on individual liberty in its various
instruction in State aided institutions. dimensions.
 NCERT Notes INDIAN POLITY & GOVERNANCE
28

6.Right to Constitutional Fundamental Rights:

Remedies Citizen vs Non-Citizen
(Article 32) India was a signatory to the Universal Declaration of
Realising the futility of granting rights without an Human Rights, therefore great precaution was taken so
effective machinery for their enforcement, the that Fundamental Rights mentioned in Part 3 of Indian
Constitution makers included in Chapter III itself the Constitution is concurrent with the provisions of the
Right to Constitutional Remedies. UN Declaration of Human Rights.
Article 32 guarantees to a person the right to move While most Fundamental Rights are available for
the Supreme Court directly for the enforcement of citizens and foreigners alike (e.g. Article 21), certain
their Fundamental Rights. The Supreme Court can rights are exclusive only for Indian Citizens
issue various kinds of writs for the enforcement of (eg: Article 19).
these rights.
Differences between Fundamental Rights
The right to Constitutional Remedies shall not be available to Citizens and Non-
suspended except as otherwise provided in the citizens
Constitution that is during emergency under
Article 352. Article 32 has been called the Fundamental Rights Available Fundamental rights available to
cornerstone of the entire edifice set up by the Only to Citizens of India both citizens and foreigners
except enemy aliens
Constitution. Dr Ambedkar called it ‘the very heart
and soul of the Constitution’. Article 15 Prohibition of Article 14 Equality before the law
discrimination on grounds of and equal protection of laws.
One can seek redressal through following petitions religion, race, caste, sex or place
of : of birth.
—
Writ of Habeas Corpus It means ‘to have the body’. Article 16 Equality of opportunity inArticle 20 Protection in respect of
It is a powerful safeguard against arbitrary acts not matters of public employment. conviction for offences.
only on private individuals but also of the
Article 19 Freedom of speech and Article 21 Protection of life and
executive. This writ can be filed by any one expression, peace assembly, to personal liberty.
including the arrested person, his relatives, friends form associations or unions, to
etc. This petition will force the arresting authorities move in India, to reside and settle
to produce the person bodily in the court. in any part of the territory of India
and to practice any profession.
—
Writ of Mandamus Literally means ‘we command’
This writ commands the person to whom it is Article 29 Protection of language, Article 22 Protection against
addressed to perform public or quasi public legal script and culture of minorities. arrest and detention in certain
cases.
duty, which he has refused to perform and the
performance of which cannot be enforced by any Article 30 Right of minorities to Article 23-24 Right against
other legal remedy. establish and administer exploitation.
educational institutions. Article 25-28 Right to freedom of
—
Writ of Prohibition It simply means to forbid or to
religion.
stop. The Supreme Court or High court issues
directions to an inferior court or institution of
governance, forbidding the latter to continue Amendability of Fundamental Rights
proceeding in a case in excess of its jurisdiction or Clause (4) of Article 13 empowers the Parliament to
to encroach on jurisdiction with which it is not make any amendment in Part III of the Constitution.
legally vested.
Supreme Court held in Kesavananda Bharati case
—
Writ of Certiorari It means ‘to be more fully (1974) that Parliament can amend any part of the
informed of’. It is issued to a lower court after a Constitution including Fundamental Rights subject to
case has been decided by it denouncing or ‘Doctrine of Basic Structure’ of the Constitution.
abolishing that order. The objective is to secure
Supreme Court has neither defined basic structure nor
that order. Jurisdiction of an inferior court does not
given any exhaustive list as to what comprises the basic
encroach the jurisdiction which it does not
structure of the Constitution.
possess.
Supreme Court, in its various judgements, has
—
Writ of Quo Warranto It means ‘by what warrant mentioned that the following provisions are a part of
or by what order’. It is a proceeding by which the the basic structure of the Constitution. Sovereignty of
court enquires into the legality of the claim, which India, Secularism, Democracy, Republic, Free and fair
a party asserts to a public office and to remove elections, Judicial review, etc.
from his or her employment if the claim is not
found.
 NCERT Notes INDIAN POLITY & GOVERNANCE
29

Constitutional Doctrines Fundamental Rights are Justiciable The

Related to Fundamental Constitution allow the person to move directly to
Rights the Supreme Court for the reinforcement of his
Fundamental Right as and when they are violated
Important Constitutional doctrines related to Fundamental
or restricted. Some Fundamental Rights is negative
Rights under Article 13 are :
in character while others are positive.
Doctrine of Future Enforcement
■
Clause (2) of Article 13 of the Constitution of India
Provision for the Suspension of Rights The
elaborates on the future enforcement of law, i.e. the laws Constitution provides for suspension of all or any
made after the commencement of the Constitution. of the Fundamental Rights during an emergency.
■
The state is prohibited from making law which takes away or However, such a suspension automatically ends
abridged any right conferred by Part III of the Constitution. when the emergency ceases or when the President
Doctrine of Severability withdraws it. All the Fundamental Rights are
■
This is a doctrine that protects the Fundamental rights suspended during National Emergencies except the
enshrined in the Constitution. It is also known as the rights guaranteed under Article 20 and 21.
Doctrine of Severability. Right to Property not a Fundamental Rights Right
■
It is mentioned in Article 13, according to which all laws to Property which is a feature of particularly liberal
that were enforced in India before the commencement of democracies is not guaranteed by the Constitution
the Constitution, inconsistent with the provisions of of India. It was made a legal right under Article
Fundamental Rights shall to the extent of that
300A. Thus, now right to property is a legal right
inconsistency be void.
and not a Fundamental Right of the people.
Doctrine of Eclipse
Parliament can restrict or abrogate the application of
This doctrine states that any law that violates
Fundamental Rights in the case of armed forces,
■

Fundamental Rights is not null or void, but is only

non-enforceable, i.e., it is not dead but inactive. para-military forces, police forces, intelligence
■
This implies that whenever that Fundamental Right agencies and analogous services.
(which was violated by the law) is struck down, the law
becomes active again (is revived). Other Important Aspects of
Doctrine of Waiver Fundamental Rights
The Doctrine of Waiver of rights is based on the premise
Some important aspects of Fundamental Rights are as
■

that a person is his best judge and that he has the liberty to
waive the enjoyment of such rights as are conferred on
follows :
him by the state. Suspensions of Fundamental Rights
■
However, the person must have the knowledge of his
rights and that waive should be voluntary. Fundamental Rights of Article 19 are suspended in
the situation of internal conflict and armed revolt
Salient Features of Fundamental (Article 352).
Rights But Fundamental Rights of Article 20 and 21 are
never suspended in any case.
Some prominent salient features of Fundamental Rights in
Indian Constitution are as follows : Armed Forces and Fundamental Rights
Integral part of the Constitution Fundamental Rights Article 33 empowers the Parliament to modify
have been made an integral part of the Constitution and Fundamental Rights in relation to military and
hence, cannot be taken away by ordinary legislation. Any paramilitary forces, police forces and analogous
law passed by any legislature in the country would be forces. But these modifications can only be
declared null and void, if it is derogatory to the rights imposed by the Parliament by law.
guaranteed by the Constitution.
Martial Law and Fundamental Rights
Fundamental Rights are not absolute but qualified.
Reasonable restrictions can be imposed on Fundamental Article 34 empowers the Parliament to make any
Rights. The reasonability of such restrictions is decided by law for indemnifying any person for acts done
the SC. during the operation of martial law.
Lack of Social and Economic Rights The Constitution Article 35 empowers the Parliament to make laws
guarantees only civil rights and freedoms. Rights like on certain articles (16(3), 32(3), 33 and 34) and
Right to work , Right to Health and Right to Social excludes the state legislatures’ jurisdiction from
Security have not been included in the Fundamental them.
Rights.
CHAPTER
30 07 NCERT Notes INDI AN POLITY & GOVER NANCE

Directive Principles
of State Policy

Sources Class VII Old NCERT Chap 5 (Directive Principle of State Policy), Class-IX & X Old NCERT Chap 5 (Fundamental Rights and
Directive Principles of State Policy), Class-XI New NCERT Chap 2 (Rights in the Indian Constitution), Class-XI Old NCERT
Chap 4 (Fundamental Rights, Fundamental Duties and Directive Principle of State Policy)

Directive Principles The Directive Principles resemble the ‘Instrument of

Institutions’ enumerated in the Government of India
The concept behind the Directive Principles of State Act, 1935. The Government of India Act, also had
Policy (DPSP) is to create a ‘welfare state’. In other some instructions related to this concept, which
words, the motive behind the inclusion of DPSP is not became an important source of DPSP at that time.
establishing political democracy rather, it’s about
Justifiable rights are the ones which are enforceable in
establishing social and economic democracy in the
a Court of law and included in Part III of the
State.
Constitution. On the other hand, Non-justifiable rights
These are some basic principles or instructions were listed as Directive Principle and included in
or guidelines for the government while Part IV of the Constitution of India.
formulating laws/policies of the country and in
executing them. Objectives of DPSP
These principles are novel features of the Directive Principles are in the form of guidelines for
Constitution. Directive Principles of State Policy the state in deciding the socio-economic development
(DPSP) act as a guideline for the state and should be of India.
taken into consideration while coming up with some
new policy or any law. The objective of Directive Principles is to illustrate the
concept of ‘welfare state’. The Indian Constitution
No one can compel the state to consider and follow all guarantees its citizens justice, freedom and equality.
that, which is mentioned in DPSP as these are not Hence, citizens have been given certain rights.
justiciable. However, by merely guaranteeing freedom and
equality, people cannot be made happy and their life
Constitutional Provisions for prosperous.
DPSP The state must formulate various projects for its
The Directive Principles of State Policy (DPSP) are citizens and through them must secure individual
enumerated from Article 36 to 51 in Part IV of the welfare and the nation’s progress.
Indian Constitution. After Independence, India faced many challenges.
The makers of the Indian Constitution were very There was a challenge to ensure the development and
much influenced by the Irish nationalist movement well-being of the entire society and not only of a
and borrowed this concept of DPSP from the Irish particular section. The Constitution had adopted the
Constitution in 1937.
 NCERT Notes INDIAN POLITY & GOVERNANCE
31

principle of equality and provided special protection Article 39 To secure:

to socially disadvantage groups. —
Right to an adequate means of livelihood for all
Directive Principles deal with social, economic and citizens.
cultural rights. These principles have enabled the —
Equitable distributions of material resources of the
government to make laws to protect the weaker
community for the common good.
sections of society and abolish inequality and
eradicate poverty.
—
Operation of an economic system to prevent the
concentration of wealth and means of
These principles are only the directions to the state
production.
and law-making bodies to keep in mind while framing —
Equal pay for equal work for both men and women.
policies and laws.
Article 39 (A) Promote equal justice and free legal aid
Nature of DPSPs to the poor.
The Directive Principles impose moral obligations on Article 41 Provides protection in cases of
the State. The Directive Principles can be unemployment, old age, sickness and disablement,
implemented by executive action, as long as they do secure citizens through the Right to work, Right to
not contravene any law. education and Right to public assistance.
They are non-justiciable as Article 37 declares that Article 42 Makes provision for just and humane
the Directive Principles shall not be enforceable conditions of work and maternity relief.
by any court. But, this non-enforceable nature Article 43 Secures a living wage, a decent standard of
does not reduce the importance of the Directive living and social and cultural opportunities for all
Principles, as these directives have been, at the same workers.
time, declared as fundamental in the governance of Article 43A Takes steps to secure the participation of
the country. workers in the management of industries.
It has been further laid down a duty of the state to
apply these Directive Principles while making laws. Gandhian Principles
These principles are based on Gandhian ideology used to
represent the programme of reconstruction enunciated
Article 36 and 37
by Gandhi during the national movement. They cover
Article 36 provides that the meaning of State in this
health policies as well which are mentioned in the
■

part of the Constitution is the same as that in the Part

III of Fundamental Rights.
following Articles of the Constitution :
■
Article 37 provides that the provisions of DPSP are not Article 40 Organise Village Panchayats and endow
enforceable in any court of law, but the principles them with necessary powers and authority to enable
contained in them are fundamental to the governance them to function as units of self-government.
of the country. It will be the duty of the State to apply Article 43 Promote cottage industries on an individual
these principles in making laws.
or co-operation basis in rural areas.
Article 43B Promote voluntary formation,
autonomous functioning, democratic control and
Classification of DPSPs professional management of cooperative societies.
Indian Constitution has not originally classified DPSPs Article 46 Promote the educational and economic
but on the basis of their content and direction, they interests of SCs, STs and other weaker sections of the
are usually classified into the following types society and protect them from social injustice and
Socio-Economic Principles exploitation.
Article 47 Prohibit the consumption of intoxicating
These are the principles that aim at providing social and
drinks and drugs, which are injurious to health.
economic justice and set the path towards the welfare
state. Article 48 Prohibit the slaughter of cows, calves and
other milch and draught cattle and improve their
Following are the Articles from Part-IV of the
breeds.
Constitution envisaging socio-economic welfare :
Article 38 Promotes the welfare of the people by Liberal-Intellectual Principles
securing a social order through social, economic and These principles reflect the ideology of liberalism
political justice and to minimise inequalities in mentioned in the following Articles of the Constitution :
income, status, facilities and opportunities.
Article 44 Secure for all citizens a Uniform Civil Code
throughout the country.
 NCERT Notes INDIAN POLITY & GOVERNANCE
32

Uniform Civil Code Conflict Between Directive

■
It means all the sections of the society irrespective of Principles and Fundamental
their religion shall be treated equally according to a
National Civil Code. It covers areas like marriage, Rights
divorce, maintenance in heritance, adoption, The first important case regarding the conflict
succession, etc.
between the Fundamental Rights and Directive
■
Article 44 of the Constitution lays down that the state Principles was the Champakam Dorairajan vs State
shall endeavour to secure a Uniform Civil Code for the of Madras, 1951.
citizen of the country.
In this case, the Supreme Court ruled that the
reservation of seats in the educational institutions and
Article 45 Provide early childhood care and education public employment provided by the State of Madras is
for all children until they complete the age of 14 years. unconstitutional and void as it violated Right to
Equality. The Supreme Court ruled that the Directive
Article 48 Organise agriculture and animal Principles shall remain subordinate to the
husbandry on modern and scientific lines. Fundamental Rights.
Article 49 Protect monuments, places and objects of However, Supreme Court realised the importance of
artistic or historic interest that are declared to be of
the Directive Principles and in the Kerala Education
national importance.
Bill Case, 1958 formulated the Theory of
Article 50 Separate the Judiciary from the Executive Harmonisation, which means Fundamental Rights
in the Public Services of the State. and Directive Principles are supplementary to each
Article 51 Promote international peace and security, other.
maintain just and honourable relations between Under this theory, the court held that there is no
nations, Foster respect for international law and treaty inherent conflict between the Directive Principles and
obligations and encourage settlement of international Fundamental Rights. They are supplementary to each
disputes by arbitration. other and aim towards achieving the same goal.
In 1967 Golaknath Case, the Supreme Court held that
Amendments of DPSPs the Fundamental Rights cannot be amended for the
From time to time, different amendments were made in implementation of the Directive Principles.
Directive Principles of State Policy such as :
The Supreme Court in the Minerva Mills Limited
The 42nd Amendment Act of 1976, added four new Case 1980 viewed that Part III and Part IV of the
subjects that required the State to secure a healthy Constitution are complementary and supplementary
development of children (Article 39), to promote equal to each other. The court observed that the
justice and to provide free legal aid to the poor Constitution was founded on the bed-rock of balance
(Article 39 A), to secure the participation of workers in between the Fundamental Rights and Directive
the management of industries (Article 43 A), to protect Principles.
the environment, forests and wildlife (Article 48 A).
To give absolute primacy to one over the other was to
The 44th Amendment Act of 1978, added Article 38 disturb the harmony of the Constitution. In the Rajan
that required the State to minimise inequalities in
Dwivedi vs Union of India Case, 1983, the Supreme
income, status, facilities and opportunities.
Court held that both the Fundamental Rights and
The 86th Amendment Act of 2002, modified the Directive Principles aim at the same goal of bringing
content of Article 45 which required the State to about a social revolution and the establishment of a
provide early childhood care and education for all Welfare State.
children until they complete the age of 6 years and
It is a mandate of the Constitution not only to the
was directed in making education a Fundamental
Legislature and the Executive, but to the courts as
Right under Article 21 A.
well.
The 97th Amendment Act of 2011, added Article 43 B
In conclusion, we may hold that there is no inherent
which required the State to promote voluntary
conflict between the Fundamental Rights and the
formation, autonomous functioning, democratic
Directive Principles. Both are complementary and
control and professional management of co-operative
supplementary to each other and both work towards
societies.
the aim of the establishment of social and political
democracy.
 NCERT Notes INDIAN POLITY & GOVERNANCE
33

Importance of DPSPs Implementation of DPSPs

The following points highlight importance of Directive Governments at the Centre and state levels have taken
Principles : several measures to implement the Directive Principles
The Directive Principles are not enforceable in since, the commencement of the Constitution.
the court of law, but they are as important as Some of these measures are as follows :
any
Establishment of Planning Commission in 1950,
part of the Constitution including the Fundamental
which has through its Five Year Plans, aimed at
Rights.
securing socio-economic justice.
Article 37 states that—The provisions contained in
Since, 1st January, 2015, Planning Commission was
this part shall not be enforceable by any court. The
replaced by NITI Aayog.
principles therein laid down are nevertheless
fundamental in the governance of the country. It shall Passage of Minimum Wages Act (1948), Child Labour
be the duty of the State to apply these principles in Prohibition and Regulation Act (1986) and Bonded
making laws. Labour System Abolition Act (1976), etc.
Professor Gledhill held the opinion that ‘‘it would Passage of Legal Services Authorities Act (1987) to
be superficial to dismiss the Directive Principles as establish a nation-wide network to provide free and
mere good resolutions. These are the life–giving competent legal aid to the poor.
provisions of the Constitution. They constitute the Passage of Wildlife (Protection) Act (1972), Forest
stuff of the Constitution and its philosophy of social (Conservation) Act (1980) and Environment
justice. The success and failure of the government is (Protection) Act (1986), etc.
judged on the implementation of the Directive Passage of Ancient and Historical Monument and
Principles.’’ Archaeological Sites and Remains Act, 1951.
Professor KC Wheare remarked that “the Directive Establishment of Panchayati Raj through 73rd
Principles were in the nature of a mere homily or a Amendment Act.
manifesto of aims and aspirations.”
Sir Ivor Jennings observed that ‘‘Part IV of the Difference between Fundamental
Constitution was a product of time and circumstances Rights and Directive
and that the ideas expressed in this part might survive Principles
for a generation, i.e. they had merely a transitory
importance.’’
A three Judge Bench of the Supreme Court in Air India
Statutory Corporation vs United Labour Union Case,
1997 observed that these directives are fore-runners
of the UNO Convention of Right to Development.
These principles are embedded as integral part of our
Constitution and that these now stand elevated to
inalienable fundamental Human Rights.
The Directive Principles contain the social, economic,
cultural and educational objectives of the State. These
provide a motivation for a peaceful political
revolution.
These also provide a programme for social
reconstruction and economic upliftment of the people
of India. The Directive Principles inscribe the ideas
and aspirations of the people of India for which they
had fought against the foreign rule.
In the words of Dr KV Rao, “The Directive Principles
are the brain centre of the Constitution, which gives
the directions for working the mechanism contained
in other parts of the Constitution.’’
Fundamental Rights Directive Principles of State Policy
Fundamental Rights have Whereas Directive Principles of State
judicial protection. One Policy do not have such protection.
can approach the court We cannot approach the court in
under Articles 32 and 226 case of non-implementation of the
on violation of their directives.
Fundamental Rights.
Fundamental Rights provide Directive Principles are the guidelines
individual freedom and for the state. It shows the path to
liberty to the people. the government for formulating
These are the basic civil policies towards the welfare state.
and political rights of the Directive Principles deal with social,
citizens. economic and cultural rights.

If there is a law that is in If there is a law in violation of Directive

violation of Fundamental Principles, then the courts do not
Rights then the courts can have the power to declare it invalid
declare it invalid and and unconstitutional.
unconstitutional.

Violation of Fundamental Violation of Directive Principles is not

Rights is punishable. a punishable crime unlike violation
of Fundamental Rights.
 NCERT Notes INDIAN POLITY & GOVERNANCE
CHAPTER
34 08 NCERT Notes INDI AN POLITY & GOVER NANCE
35

Fundamental Duties

Sources Class XI New NCERT Chap 2 (Rights in the Indian Constitution), Class-XI Old NCERT
Chap 4 (Fundamental Rights, Fundamental Duties and Directive Principles of State Policy)

Fundamental Duties in the Eleven (11) Fundamental Duties

Indian Constitution of Indian Citizens
Initially, the Indian Constitution did not have According to Article 51(A), every Indian citizen has
provisions of Fundamental Duties. The 42nd following duties :
Constitutional Amendment in 1976 added a 1. To abide by the Constitution and respect its ideals and
new section to the Article on Fundamental institutions, the National Flag and the National
Duties. Anthem.
Article 51(A) contained in Part IV(A) of the 2. To cherish and follow the noble ideals which inspired
Constitution deals with Fundamental Duties. These our national struggle for freedom.
duties enjoin upon a citizen among other things to 3. To uphold and protect the Sovereignty, Unity
follow noble ideals, which inspired India’s struggle and Integrity of India.
for freedom. At present, 11 Fundamental Duties are 4. To defend the country and render national
mentioned in the Constitution. service when called upon to do so.
Originally ten in number, the Fundamental Duties 5. To promote harmony and the spirit of common
were increased to eleven by the 86th Constitutional brotherhood amongst all the people of India
Amendment in 2002, which added a duty of every transcending religious, linguistic and regional or
parent or guardian to ensure that their child or ward sectional diversities to renounce practices derogatory
provided opportunities for education between the to the dignity of women.
age up 6-14 years. 6. To value and preserve the rich heritage of
our composite culture.
Swarn Singh Committee 7. To protect and improve the natural environment
including forests, lakes, rivers and wild life and to have
■
Sardar Swarn Singh Committee was set up in 1976 to
make recommendations about Fundamental Duties,
compassion for living creatures.
the need and necessity of which was felt during the 8. To develop the scientific temper, humanism and
operation of Internal Emergency (1975-1977). the spirit of inquiry and reform.
■
The committee recommended the inclusion of a 9. To safeguard public property and to abjure violence.
separate chapter on Fundamental Duties in the 10. To strive towards excellence in all spheres of
Constitution. individual and collective activity so that the nation
■
It suggested inclusion of 8 Fundamental Duties in constantly rises to higher levels of endeavor and
the Constitution. But by 42nd Constitutional achievement.
Amendment, 10 Fundamental Duties were added in
the Constitution.
11. To provide opportunities for education to children
between 6-14 years of age and duty as parents to ensure
that such opportunities are being awarded to their
child.
 NCERT Notes INDIAN POLITY & GOVERNANCE
35

Salient Features of Fundamental Legislatures, when taken to court for constitutional

Duties validity of the law, if it is giving force to any
Fundamental Duty, then such law would be taken as
Fundamental Duties have following salient features :
reasonable.
Fundamental Duties are both civic and moral in They can be enforced by the law, the Parliament has
nature. the right to impose any type of penalty or punishment
They emphasised the Indian way of life especially for violating any of the Fundamental Duties.
respecting and preserving Indian culture.
This provision is not applicable upon the foreigners, Report of Verma Committee
only citizens of India will obey these Constitutional Verma Committee (1999) identified the existence of
Duties. following legal provisons :
There are clear differences between Fundamental ■
The prevention of insults to National Honour
Rights and Fundamental Duties. Act, 1971.
The various criminal laws provide for punishment for
They are non-justiciable and non-enforceable.
■

encouraging enmity and discrimination.

The Indian Penal Code declares the imputations and
Non-Justiciability of Fundamental ■

assertions prejudicial to national integration as

Duties punishable offences.
The Fundamental Duties are non-enforceable and ■
The Wildlife Protection Act, 1972 and Forest
non-justiciable. There is no provision in the Conservation Act, 1980. Recommended reorienting
approaches to school curriculum and teacher’s
Constitution for direct enforcement of these
education programmes and professional education.
duties.
■
National Commission to Review the Working of the
It means that no citizen can be punished by a court for Constitution (NCRWC), 2002 and Supreme Court in
violation of a Fundamental Duty. In this regards, 2003 directed to implement recommendations of
Fundamental Duties are like Directive Principles of Justice Verma Committee.
State Policy of Part-IV.
Fundamental Duties were not placed at the end of
Part-III of Indian Constitution which is justiciable but Need for Fundamental Duties
included in Part-IVA that is non-justiciable and The Fundamental Duties serve as a constant
non-enforceable. reminder to every citizen while the Constitution
India’s case is different from some other examples specifically conferred on them certain Fundamental
regarding the enforceability of the Fundamental Rights.
Duties. These examples included erstwhile USSR, These duties promote a sense of discipline and
Yugoslavia and Albania. Unlike India, Constitutions of commitment towards the society. The court can use
these countries made duties legally enforceable. Fundamental Duties for determining constitutionality
of law.
Significance of Fundamental It also requires citizen to observe certain basic norms
Duties of democratic conduct and democratic behaviour
Fundamental Duties have ethical, social and economic because rights and duties are co-related.
significance. If a citizen performs his/her duties,
he/she has moral claims on his/her rights. Fulfillment Enforcement of Fundamental Duties
of duties can help in the protection of the environment The Fundamental Duties not only guide the citizen
and economic development. but also guides the Legislative and Executive action of
It serves as a constant reminder to the citizens while elected or non-elected institutions.
enjoying their rights, the citizens should be aware of The legal utility of Fundamental Duties and directive
their duties to their nation and towards other citizens. principle is the same. Fundamental Duties are
These serve as a warning to the people against the addressed to the citizens and there is no legal sanction
anti-social activities that disrespect the nation like in the case of their violation.
burning the flag, destroying public property, or The success of this provision will solely depend upon
disturbing public peace. the manner and person against whom these duties
These help in the promotion of a sense of discipline would be enforced. If the duties are not known to all,
and commitment towards the nation. They help in then there would not be proper enforcement of these
realising national goals by the active participation of duties.
citizens rather than mere spectators.
It helps the Court in determining the constitutionality
of the law. For instance, any law passed by the
 NCERT Notes INDIAN POLITY & GOVERNANCE
36

Criticism of Fundamental Duties 51A(K) provides that all parents and guardians must
Critics don’t consider the list of Fundamental Duties provide their children with free and compulsory
as exhaustive. These duties can’t be enforced by a education during the age group of 6-14 years.
court of law so, critics feels that it is of no use to Democracy cannot establish its deep roots in the
include these duties in the Constitution of India. society until and unless the citizens don’t compliment
Some duties are of such a nature that they are being their Fundamental Rights with their Fundamental
performed by the citizen in each and every case like Duties. While enforcing the Fundamental Rights they
paying respect to the National Flag and National should also fulfill their Fundamental Duties.
Anthem. So there was no need to include these duties Difference between Fundamental Rights and Duties
in the Constitution.
These duties are placed in Part IV(A) of the Indian
Constitution that is after the Directive Principles of
the State Policy, that is why not much importance is
given to them. According to the critics, it should be
placed in Part III after the Fundamental Rights.
Relation Between Fundamental
Rights and Fundamental
Duties
The Constitution of India not only provide with the
Fundamental Rights but also with the Fundamental
Duties. Althrough the Fundamental Rights were
introduced in the Constitution much before the
Fundamental Duties and are enforced by the court.
Fundamental Duties are not enforceable. These are
the moral duties of responsible citizen.
The Fundamental Duties must be complementary to
the Fundamental Rights. Article 21 of the Constitution
of India provides for Right to Education and Article
Fundamental Rights Fundamental Duties
These are mentioned in Part-III of These are mentioned in Part-IV A
the Indian Constitution in of the Indian Constitution in
Articles 12-35. the Article 51A.

They were taken from the They were borrowed from the
Constitution of the USA. Constitution of the former
Soviet Union or USSR.

These can be controlled in They can be controlled in any

conditions that are subject to condition.
basic nature.

They are political and social in These are political, social and
nature. economic in nature.

Fundamental Rights can be Fundamental Duties cannot be

enforced by the courts. enforced by the courts.

Not all citizens have the liberty to Fundamental Duties are

enjoy Fundamental Rights, for extended to all citizens of
example, the Indian Army. the nation.
 INDIAN POLITY & GOVERNANCE
NCERT Notes
CHAPTER 09 37

Union Executive

Sources Class VII Old NCERT Chap 8 (Who Execute laws), Class-IX New NCERT Chap 4 (Working of Institution),
Class-IX & X Old NCERT Chap 2 (Our Government at the Centre), Class-XI New NCERT Chap 4
(Executive), Class-XI Old NCERT Chap 5 (Features of Executive), Class-XI Old NCERT Chap 6 (Executive
of India),
Class-XI Old NCERT Chap 8 (Central Administration : Working and Organisation)

Executive Types of Executive

India is a democratic republic with a Parliamentary There are three types of executives
form of government. The government at the Central 1. Nominal and Real Executives
level is called Union Government and at the State 2. Hereditary and Elected Executives
level it is known as State Government. 3. Single and Plural Executives
The Union Government has three organs – the
Executive, the Legislature and the Judiciary.
Nominal and Real Executives
The President, the Prime Minister and his Council The chief executive of the state may be Hereditary
of Ministers collectively constitute the Union monarch as the British Kruger Queen or an elected
Executive. President as in India, but he/she exercises only
The Executive is the part of the government that Nominal powers.
enforces the law and has responsibility for the Legally, he/she has all powers of the Constitution but
governance of a state. In political systems based on in practical he/she exercises none of them.
the principle of separation of powers, authority is
Hereditary and Elected Executives
distributed among several branches (executive,
legislative, judicial). When the executive assumes office by the law of
hereditary succession it is called the hereditary
There are two types of Executives viz. Permanent
executive.
Executive and Political Executive. Executives that
are elected by the people are Political Executive. When the executive is directly or indirectly elected by
Permanent Executives are civil servants (e.g., Prime the people for a fixed period or even for life, it is
Minister & other ministers). called elected executive.
Executive In Britain, Japan and Malaysia, there are hereditary
chief executives.

Union Executive State Executive Single and Plural

President Governor Single executive is that in which executive authority
Vice-President Chief Minister is vested in one person. USA’s President provides the
Prime Minister and Council of
and
best example of this type.
Ministers
Council of Ministers Advocate
General Council of Ministers or Cabinet in a Parliamentary
Attorney General form of government is an example of Plural executive.
 NCERT Notes INDIAN POLITY & GOVERNANCE
38

In India, USA, Germany and many other countries

there are elected chief executives. Union Executive
—
System based on the principles of collective in Indian Constitution
leadership
The Union Executive consists of the President, the
—
System based on individual leadership
Vice-President, the Prime Minister with his Council of
Distinction between Permanent Ministers and the Attorney General.
Executive and Political Articles 52 to 78 in Part V Chapter 1 of the
Executive Constitution deal with the Union Executive.
Political Executive Permanent Executive
It consists of the executive head
of the state and other heads of
It consists of the civil servants
(Bureaucracy) from the
President
the executive departments as
lowest to the highest levels. According to Articles 52, the Executive power of the
ministers. Ministers are political
leaders. government of India is vested in the President of
The political leaders are not India, who is both the formal head of the state and the
The civil servants are politically
neutral. They owe allegiance to symbol of the nation. The Constitution of India,
neutral. They do not owe
their political party. however, bestows authority and dignity on the office
allegiance to any political party.
The ministers are of the President without providing adequate powers to
amateurs, non-experts and They are specially educated and
trained persons. They are rule.
non-professionals.
experts and professionals. The President performs essentially a ceremonial role.
They are mostly elected The President carries out the actual functions of the
Civil servants remain in office
representatives of the people
and are responsible for all their
till the attainment of the Government only with the aid and advice of the Prime
retirement age, usually upto Minister. The Constitution has made detailed
decisions and policies before
the age of 55 or 60 years. They
the public. Political Executive
get regular and fixed salaries
provisions to see that the President, the head of the
work for a fixed tenure of about state, is a ceremonial head and that he does not
and are hierarchically organised
5 years.
into higher and lower arrogate to himself any real power.
relationships. For example, IAS,
IPS and other such officers. Qualifications of President
Articles 58 and 59 of the Constitution of India lay
Types of Executive on the Basis of down the qualifications for the office of the President
Relation of India.
Between Legislature and Executive A candidate for the office of the President should be a
On the basis of relation between legislature and citizen of India, must have completed 35 years of age,
executive, types of executive
Types ofare :
Executive and possess other qualifications which are necessary
to become a member of the Lok Sabha.
He/ she should not hold any office of profit under the
Systems based on the Systems based Union, State, or local governments at the time of his
Principles on
of Collective leadership individual election, nor should he/she be a member of either
House of Parliament or State legislature. The
candidate should possess such other qualifications as
Parliamentary System Semi Presidential Presidential System
Head of the
may be prescribed by the Parliament from time to
System President is
Has the Head of the time.
government is
President state. He is also
usually known as as head of the the head of the Process of Election of President
Prime Minister. He is State. Has a Government. Article 55 deals with the method of the President’s
Prime the leader of the Minister The President
is usually directly
election. The President is elected by proportional
as head
majority party in of the elected by the representation with single transferable vote system.
government. People. He is not Proportional representation means that in order to get
Legislature. He is PM and his accountable to
elected, the candidate must get a fixed quota of votes.
Constitution
al The number of votes needed to win is one more than
Monarc Monarchy Ceremoni 50% of valid votes. Under the Single Transferable Vote
h al
Executiv System, an elector can indicate more than one
Parliamentar preference on his ballot paper.
Preside y Republic
nt
 NCERT Notes INDIAN POLITY & GOVERNANCE
39

The nomination of a candidate for the post of

President has to be proposed by 50 members and
Oath or Affirmation by the President
seconded by another 50 members of the electoral According to Article 60, the oath of office to the President
college. Every candidate has to make a security is administered by the Chief Justice of India and in his
deposit of ₹ 15,000 in Reserve Bank of India. absence, the senior most judge of the Supreme Court
The security deposit is liable to be forfeited in case the available.
candidate fails to secure 1/6th of the votes polled. The In his oath/affirmation, the President swears :
number of votes which each elected member of the to faithfully execute the office.
Legislative Assembly of each state and the Parliament to preserve, protect and defend the Constitution and
is entitled to cast at such election shall be determined the law.
in the following manner. to devote himself to the service and well-being of the
Every elected member of the Legislative Assembly of a people of India.
state shall have as many votes as there are multiples Salary and Emoluments
of one thousand in the quotient obtained by dividing
the population of the state by the total number of the The salary and other perks are decided through the
elected members of the assembly. President’s Emoluments and Pension Act, 1951. This
Act has been amended from time to time to review the
Value of Vote of an MLA
salary.
It shows that the value of votes of each MLA from two
The first clause of this Act says that the President will
different states is not same.
get emoluments of ₹ 5 lakh per month.
Value of the vote of MLA
Term of Office and Removal of the President
Total population of state 1 The tenure of the office of the President of India is five
Total number of elected members in 1000
years. His/her term commences from the date on
the State Legislative Assembly which he/she assumes office after taking an oath
Every elected member of either House of Parliament administered by the Chief Justice of India.
shall have such number of votes as may be obtained Articles 56 and 61 deal with the procedure for
by dividing the total number of votes assigned to impeaching the President of India for violation of the
members of the Legislative Assemblies of the states by Constitution of India.
the total number of the elected members of both the
Houses of Parliament. The process of impeachment can be initiated in either
house of Parliament and must be passed by not less
Value of Vote of an MP than two-thirds of the total membership of the House
It shows that total value of votes of MPs of Lok Sabha in which it has been moved.
is more than the total value of votes of MPs of Rajya If the other House investigates the charge and
Sabha. This can be expressed as: two-thirds majority of that house find him guilty, the
Value of the vote of an MP President stands impeached from the office from the
Total value of votes of all MLAs of all states date of passing of the resolution.
Total number of elected Members of Parliament
Thus, the procedure of removal of the President is
Then, the quota of votes a candidate needs to win the difficult and has been made so as to prevent misuse of
elections, is determined in the following manner this power by the Parliament. Till date, no President of
Total number of valid votes polled India has been impeached.
Electoral Quota  1
112 Impeachment of the President
Eligibility for Re-election Articles 56(1) (b) and 61 provide for the
Article 57 deals with the eligibility for re-election i.e. Impeachment of the President. The process of
a person who holds, or who has held, office as removal of the President is made difficult keeping in
President shall, subject to the other provisions of this mind the dignity of the post.
Constitution be eligible for re-election to that office.
The President can be impeached on the grounds of
Disputes Relating to Election of President violation of the Constitution and has to be informed in
Article 71 deals with, matters relating to the election writing 14 days in advance about the intention to
of President i.e. all doubts and disputes arising in initiate impeachment proceedings.
connection with the election of a President or Vice The impeachment motion can be brought about in the
President shall be required into and decided by the form of resolution in either House of the Parliament.
Supreme Court whose decision shall be final. The resolution has to be signed by one-fourth of the
total number of members of the House.
 NCERT Notes INDIAN POLITY & GOVERNANCE
40

After the impeachment motion is passed by a majority The President can declare war and make peace. In
of two-thirds of the total membership of that House, it his/her capacity as head of state, the President
is sent to the other House, which should investigate conducts the country’s foreign affairs.
the charges.
The President appoints India’s Ambassadors and High
The President can present his case or defend himself Commissioners in other countries and the President
during the investigation of impeachment charges. If receives foreign ambassadors and High
the charges are proved and the motion is passed by a Commissioners.
two-third majority in the second chamber also, the
All diplomatic work is conducted in his/her name
President, is considered removed from that time and
(by the foreign office and Indian envoys abroad) and
day.
all international treaties are negotiated and concluded
Impeachment of the President is a Quasi-Judicial in his/her name.
Procedure in Parliament. In this context, following
two things are important : Legislative Powers
—
Nominated members of either House of Parliament Under Article 79, the President being an integral part of
can participate in the impeachment of the Parliament enjoys many legislative powers such as:
President though they do not Participate in his The President summons and prorogues (postpone the
elections. session) the Houses of Parliament.
—
The elected members of the Legislative Assemblies of
He may summon the Parliament at least twice a year,
State and Union territories of Delhi and Puducherry
and the gap between two sessions cannot be more
do not participate in the impeachment of the
than six months.
President though they participate in his election.
The President nominates twelve members to Rajya
Powers of the President Sabha from amongst persons having special
knowledge in the field of literature, science, art and
Article 53 deals with the executive powers of the social service.
President of India. The powers of the President are
The President can call a joint sitting of the two
divided into two types, ordinary and emergency
Houses of Parliament in case of a disagreement
powers.
between Lok Sabha and Rajya Sabha on a non-money
The ordinary powers of the President can be defined bill.
as executive, legislative, financial and judicial powers.
The President has the right to address and send
Executive Powers messages to Parliament.
The executive powers of the Union are vested in the The President addresses both Houses of Parliament
President. Article 53 confers all executive powers in jointly at the first session after every general election
him and empowers him to exercise these powers as well as the commencement of the first session
directly by himself or through officers subordinate to every year.
him. The President may promulgate an ordinance when the
Article 75 requires the Prime Minister to Parliament is not in session. The ordinance so issued
communicate to the President regarding all decisions has the force of law. The ordinance so promulgated
of the Union Council of Ministers. should be laid before both Houses of Parliament when
Article 77 holds that all executive powers of the they reassemble.
Union government shall be exercised in the name of Power Regarding Bill
the President.
A bill passed by the Parliament can become an act
Appointment made by of the President only if it receives the assent of the President. When
The President has the power of appointment and such a bill is presented to the President for his assent,
removal of high dignitaries of the State. he has three options under Article 111 of the
The President appoints the Prime Minister and the Constitution :
council of ministers, the Attorney-General, the 1. He may give his assent to the bill.
justices of the Supreme Court and High Courts, 2. He may withhold his assent to the bill.
members of special commissions (such as the Union 3. He may return the bill [if it is not a money bill]
Public Service Commission and the Election for reconsideration of the Parliament.
Commission) and the governors of states. However, if the bill is passed again by the Parliament
The President is the Supreme Commander of the with or without amendments and again presented to the
armed forces. As such, the President makes President, he must give his assent to the bill.
appointments with the Chiefs of the Army, the Navy,
and the Air Force.
 NCERT Notes INDIAN POLITY & GOVERNANCE
41

Veto Power of President Pocket veto was first exercised by President Giani Zail
The veto power enjoyed by the President regarding the Singh in 1986 with respect to the Indian Post office
bills passed by Parliament are : (Amendment bill).
1. Absolute Veto The 24th Constitutional Amendment Act of 1971,
made it obligatory for the President to give his assent
When President withhold his assent to a bill passed by
to a constitutional amendment bill.
the Parliament. The bill ends and does not become an
act. This is called Absolute veto. Financial Powers
Usually it is exercised with respect to Private According to Article 112, all money bills are
Member’s bill. introduced in the Lok Sabha only with the prior
It is also exercised with respect to the government approval of the President. Money bills are never
bills when the cabinet regions (after the passage of returned for reconsiderations.
bills but before the assent by the President) and the The President appoints the Finance Commission after
new cabinet advises the President not to give his every five years. It makes recommendations to the
assent to such bills. President on some specific financial matters,
In 1954, President Dr Rajendra Prasad withheld his especially the distribution of Central taxes between
assent to PESU Bill. the Union and the States.
Again in 1991, President R Venkataraman withheld The President also receives the reports of the
his assent to salary, allowances and pension of Comptroller and Auditor-General of India and has it
members of Parliament (Amendment) bill. laid in the Parliament.
Power to Make Ordinances Judicial Powers
Article 123(1) gives ordinance making power to the The President appoints the Chief Justice and other
President. The President may promulgate ordinances Judges of the Supreme Court and High Courts.
on all those matters with respect to which Parliament
He dismisses the judges if and only if the two Houses
is competent to make laws.
of the Parliament pass resolutions to that effect by
He can promulgate ordinance only when both the
two-thirds majority of the members present for proved
Houses of Parliament are not in session or when either misbehaviour and incapacity.
House of Parliament is not in session.
He can also seek advice from the Supreme Court on
He can make ordinance only when he is satisfied that
any question of law or fact (Article 143). However, the
the existing circumstances need to take immediate
advice tendered by the Supreme Court is not binding
action only on those subjects on which Parliament can
on the President.
make law.
It ceases to operate at the expiry of 6 weeks from Pardoning Power
the re-assembly of the Parliament. Article 72 confers on the President, power to grant
Ordinances issued by the President can modify or pardons, reprieves, respites or remission of
repeal an act of Parliament or any other ordinance. punishment or to commute the sentence of any person
However, it cannot be used to amend the Constitution convicted of an offence. The President is empowered
or to abridge, or to take away any Fundamental Right. to grant pardons to the convicted citizens of India.
2.Suspensive Veto The pardoning power of the President includes the
President can return any bill (except money bill) for following :
reconsideration of Parliament. —
Pardon Completely absolves the guilt of the offender.
However, if the bill is Passed again by the Parliament —
Reprieve It is stay of death sentence or life
with or without amendment and again presented to imprisonment pending on the appeal of pardon or
the President, it is obligatory for the President to give commutation.
his assent to the bill. —
Respite Awarding a lesser sentence on special
3.Pocket Veto ground. (e.g. pregnancy of a woman
offender).
The President can exercise their veto power as the
Constitution does not prescribe any time limit within
—
Remission It means reduction of the amount of
which he has to take the decision with respect to bill sentence without changing the nature of
presented to him for his assent. In this case, the punishment. e.g. 7 years of rigorous imprisonment is
President neither ratifies nor rejects nor returns the reduced to 3 years of rigorous imprisonment.
bill, but simply keeps the bill pending for an indefinite —
Commutation Substitution of one form of
period. punishment for another from death sentence to
life imprisonment.
 NCERT Notes INDIAN POLITY & GOVERNANCE
42

The President while using this power, does not act as Emergency Arising due to the Breakdown of the
a court of appeal.
Constitutional Machinery in the States (Article 356)
The object of granting such power to the President is The proclamation of this type of emergency, popularly
to keep the door open for correcting any judicial error called as President Rule, can remain in force for a
and to provide relief from a sentence, which the period of six months.
President considers unduly harsh. By the 44th Amendment, the Parliament can extend the
The Supreme Court has examined the pardoning duration of the State Emergency for a period of six
power of the President and has laid down the months at one instance. Ordinarily, the total period of
following principles such an emergency cannot exceed one year unless
—
The petitioner has no right for an oral hearing by there is a National Emergency in force. However, the
President. total period of state emergency cannot go beyond three
—
The President can examine the evidence afresh years.
taking a view different from the courts.
Financial Emergency (Article 360) It states that if the
—
President exercises this power on the advice of
President is satisfied that a situation has arisen where
the Union Cabinet.
the financial stability or credit of India or any part of
—
President is not bound to give reasons for his order.
the country is threatened, he may declare a financial
The pardoning power of President is not subject to emergency. Like the National emergency, such a
judicial review except, where the decision is arbitrary, proclamation has to be laid before the Parliament for
irrational, malafide or discriminating. If one petition its approval.
of mercy is rejected, stay cannot be obtained by filing
another petition on the same subject.
Declaration of Emergency in India
Diplomatic Powers Under Article 352, three times emergency was declared in
The President appoints Ambassadors and diplomatic India :
representatives of India to foreign countries and ■
In 1962, due to Chinese invasion in India
missions and receives credentials of foreign ■
In 1971, due to Pakistan invasion in India
diplomats. All treaties and agreements with foreign ■
In 1975, due to internal disturbance in India under
states are entered in the name of the President. Indira Gandhi government.
He also has the right to negotiate treaties and
conventions with other countries without the
intervention of the Union Parliament, except in cases, Discretionary Powers
where the execution of a treaty requires legislation The President has a right to be informed of all important
approval. matters and deliberations of the Council of Ministers. The
Prime Minister is obliged to furnish all the information
Military Powers that the President may call for.
Article 53(2) The President is declared to be the The President often writes to Prime Minister and
Supreme Commander of the defence forces of the expresses his view on matters confronting the country.
country. Under the following circumstances, he cannot act on his
In the exercise of this power, it is the President who discretion :
can declare war against a country and to make peace. In appointing the Prime Minister from among the
contenders, when no single party attains majority
Emergency Powers after elections to the Lok Sabha.
The President is empowered to declare three types of A Council of Ministers is voted out and after resigning,
emergencies : advises the President to dissolve the Lok Sabha and
National Emergency Arising out of War, External hold fresh elections (or resigns and advises so without
Aggression, or Armed Rebellion (Article 352) The being voted out).
President can make a proclamation of national The President is expected to exercise his discretion in
emergency at any time if he is assured that the such circumstances as much of the Lok Sabha’s life
security of any part of India is threatened by war, may still be intact and it is worthwhile to explore the
external aggression or armed rebellion. It must be possibility of forming an alternative government.
accepted within one month by both the Houses of The President can refer a decision of an individual
Parliament by two-thirds of the members present and minister for the collective consideration of Council of
voting. Ministers.
 NCERT Notes INDIAN POLITY & GOVERNANCE
43

When the Houses of the Parliament do not meet In the Constituent Assembly, Dr BR Ambedkar had
regularly, the President may act in his discretion and rightly said, ‘The President occupies the same position
summon both the Houses of the Parliament, while as the King in the British Constitution’. But in reality,
exercising a Pocket Veto. the President of India is not a mere rubber stamp.
He can return the advice of the Council of Ministers The Constitution lays down that the President has to
once for its reconsideration. preserve, protect and defend the Constitution.
He can return the bill passed by the Parliament once
for its reconsideration.
Vice-President
Presidents of India Article 63 of the Constitution provides for the Vice-
Name Tenure From-To Important Facts President of India. The Vice-President is the Second most
important constitutional functionary of the Union. This
Dr Rajendra 26.01.1950-13.05.1962 First President and also office is modelled on the lines of the American Vice-
Prasad had the longest tenure
(12 years).
President.
Dr S 13.05.1962-13.05.1967 Was also the first Vice- Election of the Vice-President
Radhakrishnan President of India.
The Vice-President shall be elected by the members of
Dr Zakir 13.05.1967-03.05.1969 Shortest tenure; First
Hussain Muslim President; First
an electoral college consisting of the members of both
President to die in Houses of Parliament in accordance with the system
harness. of proportional representation by means of the Single
V V (Vice- 03.05.1969-20.07.1969 First acting President of Transferable Vote and the voting at such election shall
President) India be held by secret ballot as per Article 66 (1).
Justice M 20.07.1969-24.08.1969 Was also the Chief The Vice-President shall not be a member of either House
Hidayat-ul-lah Justice of India and of Parliament or of a House of the Legislature of any state
Second Acting
President.
and if a member of either House of Parliament or of a
House of the Legislature of any state be elected Vice-
V V Giri 24.08.1969-24.08.1974 —
President, he shall be deemed to have vacated his seat in
F Ali Ahmed 24.08.1974-11.02.1977 Died in Office
that House on the date on which he enters his
BD Jatti 11.02.1977-25.07.1977 Acting President office as Vice-President as per Article 66 (2).
N Sanjeeva 25.07.1977-25.07.1982 Youngest President Both the nominated and elected members participate
Reddy (64 years)
in the election. The members of the State Legislative
Giani Zail Singh 25.07.1982-25.07.1987 First Sikh President Assemblies do not participate in the election. All
R Venkataraman 25.07.1987-25.07.1992 Oldest President disputes and doubts arising out of or in connection
(76 years) with the election of the Vice-President shall be
Dr SD Sharma 25.07.1992-25.07.1997 — inquired into and decided by the Supreme Court
KR Narayanan 25.07.1997-25.07.2002 First Dalit President whose decision is final.
Dr APJ Abdul
Kalam
25.07.2002-25.07.2007 First Scientist to Qualifications
become President
Mrs Pratibha A person cannot be elected as Vice-President unless
25.07.2007-25.07.2012 First Woman to become
Patil
President
he/she
Pranab —
is a citizen of India.
25.07.2012-July 2017. —
Mukherjee —
has completed the age of 35 years.
Ram Nath
25.07.2017-Till date Second Dalit President
—
is qualified for election as a member of the Council
Kovind of States (Rajya Sabha).
*As on April 2022 He should not hold any office of profit. Further, the
nomination of a candidate for election to the office of
Constitutional Position of the Vice-President must be subscribed by at least 20
electors as proposers and 20 electors as seconders.
President Every candidate has to make a security deposit of
President enjoys formidable powers but he can ₹ 15,000 in the Reserve Bank of India. For the
exercise his powers only on the aid and advice of the purposes of this article, a person shall not be deemed
Council of Ministers, headed by the Prime Minister. to hold any office of profit by reason only that he is the
The Constitutional 42nd Amendment Act has made it President or Vice-President of the Union or the
obligatory for the President to act only on the advice of Governor of any state or is a Minister either for the
the Council of Ministers. The President cannot act Union or for any state.
independently.
 NCERT Notes INDIAN POLITY & GOVERNANCE
44

Tenure of Vice-President If there is a vacancy in the office of President, due to

The Vice-President shall hold office for a term of 5 death, resignation or impeachment, the Vice-President
years from the date on which he enters upon his officiates as the President for not more than six
office. He may, by writing under his hand addressed to months. During that period, he enjoys all powers of
the President, resign from his office. the President and does not preside over the House
He may also be removed from his office by a when he officiates as President.
resolution of the Council of States passed by a If the President is temporarily unable to discharge
majority of all the then Members of the Council his/her functions, the Vice-President may be called
(called as absolute majority) and agreed to by the upon to discharge his/her functions, without
House of the People; but no resolution for the becoming officiating President.
purpose of this clause shall be moved, unless at least
14 days notice has been given of the intention to Acting Presidents of India
move the resolution. VV Giri became acting Prsident of India in the year
1969 at the time of the death of Zakir Hussain.
Oath/Affirmation by the Vice-
BD Jatti became acting President of India in 1977 at
President
the time of the death of Fakhruddin Ali Ahmed.
The oath of office to the Vice-President is
administered by the President or some person Decision on Issues Related to the
appointed on that behalf by him. Election of President and Vice-
In his oath, the Vice-President swears to bear true President
faith and allegiance to the Constitution of India and to Under Article 71(1) all the issues related to the
faithfully discharge the duties of his office. election of President and Vice-President comes under
the Supreme Court, whose decision is final.
Emoluments
The Vice-President derives his salary as the Ex-officio Vice-Presidents of India
Chairman of the Rajya Sabha, which is currently Vice-Presidents Tenure
₹ 4 lakh per month.
Dr Sarvapalli Radhakrishnan 1952-1962
During the period he acts as the President, he receives
Dr Zakir Hussain 1962-1967
the salary and allowances of that of President.
V V Giri 1967-1969
Vacancy in Office Gopal Swarup Pathak 1969-1974
A vacancy in the Vice-President’s office may arise due BD Jatti 1974-1979
to expiry of term, resignation, removal, death or
Justice Mohammad Hidayat-ul-lah 1979-1984
otherwise. The Vice-President can be removed by a
resolution of the Rajya Sabha passed by an absolute R Venkataraman 1984-1987
majority. Dr SD Sharma 1987-1992
If vacancy is due to the expiry of the term, then KR Narayanan 1992-1997
elections should be held before the term of the Krishan Kant (Died) 1997-2002
incumbent Vice-President expires, but, if the vacancy Bhairon Singh Shekhawat 2002-2007
is due to death, resignation or removal, then elections
Mohammad Hamid Ansari 2007-2017
to fill the vacancy should be held at the earliest.
Muppavarapu Venkaiah Naidu 2017-till date
Powers and Functions of the Vice-
President *As on April 2022

The Vice-President has the following powers and

functions : Prime Minister
The Vice-President is the ex-officio Chairman of The President is the nominal executive authority (de
Rajya Sabha which means that whosoever is the jure executive) and Prime Minister is the real
Vice-President, he/she presides over the Rajya Sabha executive authority (de facto executive), in the scheme
and performs normal duties of a presiding officer. of the Parliamentary system of government provided
As a presiding officer, Vice-President looks after by the Constitution.
maintenance of order in the House, allowing members In other words, the President is the head of the State
to speak and ask questions and putting bills and while the Prime Minister is the head of the
motions to vote. Since, the Vice-President is not a government. Prime Minister is the leader of the
member of the Rajya Sabha, he/she cannot vote in the
Cabinet Ministers.
House. But, in case of a tie of votes, the Vice-President
exercises his/her casting vote so that a decision can be
reached.
 NCERT Notes INDIAN POLITY & GOVERNANCE
45

The Prime Minister is appointed by the President. He

Oath, Term and Salary
invites the leader of the party in majority in the Lok
Sabha or a person who is in a position to own the The President administers to Prime Minister the oaths
confidence of the majority in the house. The Prime and affirmations of office and secrecy. The Prime
Minister holds office during the pleasure of the Minister swears to bear true faith and allegiance to
President. the Constitution of India, and also to uphold the
Sovereignty and Integrity of India. He also swears to
The ‘pleasure’ of the President is related to the
faithfully discharge the duties of his office and do
unwavering majority support which a Prime Minister
right to all people without fear, favour, affection or
receives in the Lok Sabha.
ill-will.
Eligibility Criteria to be Prime Minister The Prime Minister holds office till the pleasure of the
To become an Prime Minister of India one has to be : President but the President cannot dismiss him as
long as he enjoys the majority in the Lok Sabha. But if
A citizen of India
he loses the confidence of the Lok Sabha, he must
a member of either Rajya sabha or lok sabha resign or the President dismisses him.
He should have Completed his 30 years if he is a The salary and allowances of the Prime Minister are
member of Rajya sabha or Can be 25 years of age if he determined by the Parliament from time to time. He
is a member of the lok sabha. gets the salary and allowances as a Member of
A person cannot be the Prime Minister of India if he Parliament. Presently, he gets 1.6 lakh per month as a
holds any office of profit under the Government of salary.
India, the government of any state, or any local or
other authority subject to the control of any of the said Powers and
governments. Functions of the
Appointment of Prime Minister Prime Minister
The Constitution does not contain any specific The Prime Minister plays a very significant and highly
procedure for the selection and appointment of the crucial role in the politico-administrative system of the
Prime Minister. country. Dr. BR Ambedkar stated, ‘If any functionary
Article 75, only that the Prime Minister shall be under our Constitution is to be compared with the US
appointed by the President. However, this does not President, he is the Prime Minister and not the
imply that the President is free to appoint anyone as President of the Union’.
the Prime Minister. Following the conventions of the Powers and functions of the Prime Minister are stated in
Parliamentary system of government, the President the points below.
has to appoint the leader of the majority party in the
Lok Sabha as the Prime Minister. Powers with Reference to Council of
Ministers
Role of President in the
He recommends persons who can be appointed as
Appointment of Prime Minister
ministers by the President. The President can appoint
When no party has a clear majority in the Lok only those persons as ministers who are
Sabha, then the President may exercise his discretion recommended by the Prime Minister.
in the selection and appointment of the Prime
He allocates and reshuffles various portfolios among
Minister.
the ministers. He can ask a minister to resign or advise
In such a situation, the President usually appoints the President to dismiss him in case of a difference of
the leader of the largest party or coalition in the opinion.
Lok Sabha as the Prime Minister and asks him to
He presides over the meeting of the council of
seek a vote of confidence in the House within a
ministers and influences its decisions.
month.
He guides, directs, controls and coordinates the
A member of either the Lok Sabha or the Rajya
activities of all the ministers.
Sabha can be appointed as the Prime Minister. If
he is not a member of either House of the Powers in Relation to the President
Parliament then he has to be elected to either House
He is the principal channel of communication
within six months of his appointment. As the Prime
between the President and the council of ministers.
Minister, he is the Leader of the House of which he is
He furnishes such information relating to the
a member.
administration of the affairs of the Union and
proposals for legislation as the President may call for.
 NCERT Notes INDIAN POLITY & GOVERNANCE
46

He advises the President concerning the appointment Name Tenure From - To Important Facts
of important officials like the Attorney General of Indira Gandhi 14-01-1980 31-10-1984 First Prime Minister to
India, the Comptroller and Auditor General of India, be assassinated
the chairman and members of the UPSC, the Election Rajiv Gandhi 31-10-1984 01-12-1989 Youngest Prime
Commissioners, the chairman and the members of the Minister (40 years)
Finance Commission.
VP Singh 21-12-1989 10-01-1990 First Prime Minister to
step down after vote of
Powers in Reference to Parliament no-confidence; also
The Prime Minister is the leader of the Lower House. Chief Minister
In this capacity- He advises the President about Chandra 10-01-1990 21-06-1991 —
summoning and proroguing of the sessions of the Shekhar Azad
Parliament. PV Narasimha 21-06-1991 16-05-1996 First Prime Minister
— He can recommend the dissolution of the Lok Sabha Rao from Southern India;
to President at any time. He announces government also Chief Minister
policies on the floor of the House. Atal Bihari 16-05-1996 01-06-1996 Shortest tenure of a
— He is the chairman of the Planning Commission Vajpayee Prime Minister
(now NITI Aayog), National Development Council, HD Deve 01-06-1996 20-04-1997 Member of Rajya
National Integration Council, Inter-State Council, Gowda Sabha; also Chief
Minister
and National Water Resources Council. IK Gujral 21-04-1997 19-03-1998 —
—
He plays a significant role in shaping the foreign Atal Bihari 19-03-1998 13-10-1999 —
policy of the country. Vajpayee
—
He is the crisis manager-in-chief at the political level Atal Bihari 13-10-1999 22-05-2004 —
during emergencies. Vajpayee
—
As a leader of the nation, he meets various sections Dr Manmohan 22-05-2004 26-05-2014 First Sikh Prime
of people in different states and receives memoranda Singh Minister, Member of
Rajya Sabha, Longest
from them regarding their problems.
tenure after Jawaharlal
Nehru
Prime Ministers of India
Narendra 26-05-2014 30-05-2019 First PM born after
Name Tenure From - To Important Facts
Modi Independence; also
Jawaharlal served as Chief Minister
15-08-1947 27-05-1964 First Prime Minister of
Nehru
India, died in office; also 30-05-2019 Till date —
had the longest tenure
(17 years) *As on April 2022
Gulzari Lal
27-05-1964 09-06-1964 First Acting Prime
Nanda
Minister
Deputy Prime Minister
Lal Bahadur 09-06-1964 11-01-1966 Only Prime Minister to
Shastri die abroad during an There is no mention of Deputy Prime Minister in the
official tour Constitution. Deputy Prime Minister is appointed mostly
Gulzari Lal 11-01-1966 24-01-1966 First to become Acting due to political reasons. Sardar Patel acted as the first
Nanda Prime Minister twice Deputy Prime Minister in Nehru’s time, LK Advani acted
Indira Gandhi 24-01-1966 24-03-1977 First woman Prime as Deputy Prime Minister during Atal Bihari Vajpayee’s
Minister of India; First time, etc.
Prime Minister to lose
an election. First List of Deputy Prime Ministers of India
member of Rajya Sabha
who became PM Deputy Prime Minister Tenure
Morarji Desai 24-03-1977 28-07-1979 Oldest Prime Minister Sardar Vallabhbhai Patel 1947-1950
(81 years) and the first
to resign from office. Morarji Desai 1967-1969
First Chief Minister who
became PM. Charan Singh and Jagjivan Ram (jointly) 1979-1980

Charan Singh 28-07-1979 14-01-1980 Only Prime Minister YB Chavan 1979-1980

who did not face the
Parliament; also Chief Devi Lal 1989-1991
Minister LK Advani 2002-2004
NCERT Notes INDIAN POLITY & GOVERNANCE
47

Council of Ministers Appointment of Ministers

The Indian Parliamentary form of government is The Prime Minister is appointed by the President and
characterised by the presence of Council of Ministers the Prime Minister advises the President on the
headed by the Prime Minister, which acts as the real appointment of other ministers.
executive authority. The Prime Minister allocates ranks The Members of Parliament are usually appointed
and portfolio to the ministers. Depending upon the as ministers, but a non-member of Parliament can
seniority and political importance, the ministers are also be appointed as a minister provided he gets
given the ranks of Cabinet Minister, Minister of State or elected within six months of appointment as
Deputy Minister. minister
As per 91st Amendment Act of 2003, the total number
of minister, including the Prime Minister in the Council Oath and Salary of Ministers
of Ministers shall not exceed 15% of the total strength The President administers the oath of office and
of the Lok Sabha. secrecy to a minister. The minister swears to bear
As per Article 74, the President has the Council of faith and allegiance to the Constitution of India,
Ministers headed by the Prime Minister Which shall uphold the integrity and sovereignty of India and to
aid the president in the exercise of the presidents faithfully and consciously discharge the duties of his
function. However there is a slight ambiguity whether office.
the advices of council of ministers is binding on the The salaries and allowances of ministers are
president. determined by the Parliament from time-to-time. The
The 42nd Amendment Act, 1976, amended Article 74, ministers get salary equivalent to that of a Member of
which introduced the condition that the President shall Parliament (MP).
act according to such advice. The 44th Amendment
Act, 1978, further amended Article 74 and introduced a Responsibilities of Ministers
provision, which states that President may seek the Collective and individual responsibilities of Council of
advice of Council of Ministers for their reconsideration Ministers are as follows :
with or without suggestions. The President shall be
bound by the advice given by the Council of Ministers
Collective Responsibilities
after such reconsideration by the Council of Ministers. The Council of Ministers is collectively responsible
to the Lower House of the Parliament (Article 75).
Powers and Functions of Council of They work as a team and swim and sink together. If,
Ministers a vote of No Confidence is passed in Parliament, the
The ministers of state hold independent charge of government is responsible collectively and thus the
individual ministries and perform the same entire government resigns.
functions and exercise the same powers as a cabinet The consequence will be that a new government
minister. will be formed or Parliament will dissolve and a
The only difference between a minister of state and a general election will be called. Cabinet collective
cabinet minister is that he/she is not a member of the responsibility is not the same as individual
cabinet, but attends cabinet meetings only when ministerial responsibility, which states that ministers
specially invited to do so in connection with the subject are responsible and therefore culpable or
that he/she is given charge of. accountable for the running of their departments.
Also, the cabinet decisions bind all Cabinet
There are other ministers of state who work directly
Ministers.
under cabinet ministers. At the bottom of the hierarchy
are the deputy ministers who do not have specific Individual Responsibilities
administrative responsibilities.
The principle of individual responsibility is
Their duties are answering the questions in Parliament enshrined in Article 75.
on behalf of the ministers concerned and helping to
The article provides that the ministers hold office
pilot bills, explaining policies and programmes to the
till the pleasure of the President, which means
general public and maintaining liaison with members
that the President can remove the ministers
of Parliament, political parties and the press and
even though they enjoy the confidence of the Lok
Undertaking special study or investigation of particular
Sabha.
problems, which may be Executively assigned to them
by the particular minister.
 NCERT Notes INDIAN POLITY & GOVERNANCE
48

Composition of the Council of Attorney General

Ministers
The Attorney General for India is appointed by the
There are three categories of ministers, namely, President of India under Article 76 of the Constitution
Cabinet Ministers, Ministers of State and Deputy and holds the office during the pleasure of the
Ministers. President. He/She must be a person, qualified to be
There is an informal body called the Kitchen Cabinet appointed as a Judge of the Supreme Court.
or Inner Cabinet consisting of the Prime Minister and The term of office of the Attorney General is not fixed
other influential colleagues. by the Constitution. Further, the Constitution does not
Union Cabinet Minister contain the procedure and grounds for his/her
removal. He/She may quit his/her office by submitting
They head important ministries of the Central
his/her resignation to the President. Also, the
Government like Defence, Home, External Affairs, etc.
remuneration of the Attorney General is not fixed by
A Cabinet Minister may also hold additional charges
the Constitution.
of other ministries, where no other Cabinet Minister is
appointed. Duties and Functions of the Attorney General
Minister of State As the chief law officer of the Government of India,
the duties of the Attorney General are as follows :
The Minister of State can either be given independent
charge of ministries/departments or can be attached
—
To give advice to the Government of India upon such
to Cabinet Ministers. legal matters, which are referred to him by the
President.
Hence, they work under the supervision and direction —
To perform such other duties of a legal character
of the Cabinet Ministers.
that are assigned to him/her by the President.
Deputy Ministers —
To discharge the functions conferred on him/her by
Deputy Ministers are not given independent charge of the Constitution or any other law.
ministries/ departments. Accordingly, the President has assigned the following
They are attached to other types of ministers to help in duties to the Attorney General :
their administrative and political duties. —
To appear on the behalf of the Government of
India in all cases, in the Supreme Court in which
Council of Ministers vs Cabinet the Government of India is concerned.
—
To represent the Government of India in any
Council of Ministers Cabinet
reference made by the President to Supreme
It is a wider body consisting ofIt is a smaller body consisting of 15 to Court under Article 143 of the Constitution (power
60 to 70 ministers. 20 ministers.
of President to consult Supreme Court).
It includes all the three It includes the Cabinet Ministers only. —
To appear (when required by the Government of
categories of ministers, i.e. Thus, it is a part of the Council of
Cabinet Ministers, Ministers.
India) in any High Court in any case, in which the
Ministers of State and Government of India is concerned.
Deputy Ministers.

It does not meet, as a body, It meets as a body frequently and

Central Administration :
to transact government usually once in a week, to deliberate Structure and Working
business. It has no and take decisions regarding the
collective functions. transaction of the government The Cabinet, composed of the ‘senior-most ministers’
business. Thus, it has collective whose responsibilities transcended departmental
functions. boundaries into the entire field of administration, is a
It is vested with all powers, It exercises, in practice, the power of smaller body and the most powerful body in the
but in theory. the Council of Ministers and thus government.
acts for the latter.
The Cabinet meets regularly, as it is a decision-making
Its functions are determined It directs the Council of Ministers by body. It is assisted by the cabinet secretariat, headed
by the Cabinet. taking policy decisions, which are by a senior member of the civil services, the cabinet
binding on all ministers.
secretary. To manage the volumes and complexities of
It implements the decisions It supervises the implementation of its work that comes before it, the cabinet members have
taken by the Cabinet. decisions by the Council of developed standing and ad hoc committees.
Ministers.
 INDIAN POLITY & GOVERNANCE
NCERT Notes
CHAPTER 10 49

Union Legislature

Sources Class VII Old NCERT Chap 6 (Law making Institutions), Class VII Old NCERT Chap 7 (Our Parliament in Action), Class-VIII
New NCERT Chap 3 (Why do we Need a Parliament?), Chap 4 (Understanding Laws), Chap 10 (Law and Social Justice),
Class-IX New NCERT Chap 4 (Working of Institution), Class-IX & X Old NCERT Chap 6 (Our Government at the Centre),
Class-XI New NCERT Chap 5 (Legislature, Centre), Class-XI Old NCERT Chap 2 (Features of Legislature),
Chap 3 (Legislature of India), Chap 4 (Legislative and Financial Processes at Centre and State Level)

Legislature The Government of India Act of 1919, brought further

legislative reforms in the form of responsible government
Legislature is the institution that makes legal in the Provinces. At the Centre, the legislature was made
rules for the general application. The rules are bicameral and an elected majority was introduced in both
made by members of the Legislature on behalf of the Houses.
the people who elect them through general
The Government of India Act of 1935, contemplated a
elections.
federation consisting of British Indian Provinces and
The Parliament of India is the supreme native states. It demarcated legislative power of the Centre
representative authority of the people. In India, and the Provinces through three lists: the Central List, the
Central Legislature is known as the Parliament. Provincial List and the Concurrent List.
It is known as Congress in United States, Diet in
The Indian Independence Act of 1947, gave the legislature
Japan, etc.
of the Indian Dominion full legislative sovereignty.
Constitutional Provision
Functions and Powers of Parliament
for the Indian
The functions and powers of the Indian Parliament can be
Legislature divided into Legislative, Executive, Financial and other
Articles 79-122 of Part V of the Indian categories.
Constitution deal with Constitution, structure,
tenure, appointment of ministers, powers and
Legislative Functions and Powers
immunities of the Legislature. Parliamentary Parliament is a Law-making body. There are three lists
system is also known as Westminster Model. namely Union List, State List and the Concurrent List.
The Indian Council Act of 1861, introduced Only Parliament can make laws on the subjects mentioned
in the Union List.
non-official members in the Executive Council
and allowed them to participate in the transaction Along with the State Legislatures, the Parliament is
of legislative business. The Legislative Council empowered to make laws on the Concurrent List. In case,
was neither deliberative nor representative. both the Centre as well as the States make a law on the
subject mentioned in the Concurrent List then the Central
Indian Councils Act of 1892, empowered the
law prevails upon the state law if there is a clash between
council to discuss the budget and address the two.
questions to the Executive.
Any subject not mentioned in any list i.e. residuary powers
Indian Councils Act of 1909, for the first time are vested with the Parliament.
introduced both representatives as well as
popular features.
 NCERT Notes INDIAN POLITY & GOVERNANCE
50

Financial Functions and Powers Judicial Powers and Functions

Parliament enjoys the supreme authority in financial It has the power to impeach the President, the
matters. The executive cannot spend any money Vice-President, the Judges of the Supreme Court and
without Parliament’s approval. No tax can be imposed the High Court.
without the authority of law.
It can also punish its members or outsiders for the
According to Article 112 of the Indian Constitution, breach of privilege or its contempt.
the Union Budget of a year is referred to as the Annual
Financial Statement. Electoral Functions
The Government places the budget before the The elected members of the Lok Sabha and the Rajya
Parliament for approval. The Budget goes through six Sabha form one part of the Electoral College which
stages: Presentation of Budget, General Discussion, elects the President.
Scrutiny by Departmental Committees, Voting on All the members of the Parliament participate in the
Demands for Grants, Passing of the Appropriation Bill election of the Vice-President.
and Passing of the Finance Bill. The members of the Lok Sabha elect two of their
The passage of the Budget means that the Parliament members as the Speaker and Deputy Speaker. The
has legalised the receipts and expenditures of the members of the Rajya Sabha elect their own Deputy
government. Chairman. Members of various Parliamentary
The Public Accounts Committee and the Estimates Committees are also elected.
Committee keep a watch on the spending of the
government. These Committees scrutinise the Power to Amend the Constitution
account and bring out the cases of irregular, The Union Parliament enjoys the power to amend the
unauthorised or improper usage in public Constitution in accordance with the provisions of
expenditure. Article 368. A bill for amending the Constitution can be
The Financial powers of the Parliament are really introduced in either House of the Parliament.
exercised by the Lok Sabha. The Money Bill can be The Constitution can be amended by the Union
introduced only in the Lok Sabha. Parliament by passing an amendment bill by a 2/3rd
After getting passed, a Money Bill goes to the Rajya majority of members in each House.
Sabha, which cannot be delayed for more than 14 days. However, the amendment for certain specific subjects
Parliament exerts budgetary as well as post-budgetary in the Constitution, can only become an Act when it
control on the government. If the government fails to gets ratified by at least one-half of all the State
spend the granted money in a financial year, the Legislatures.
remaining balance is sent back to the Consolidated
Fund of India. This is known as the ‘rule of lapse’. Structure of Parliament
Power to Control the Executive According to Article 79, the Parliament of India
consists of the President and the two Houses namely
The Council of Ministers is directly responsible to the the Lower House or Lok Sabha (House of the People)
Parliament for all its decisions and policies. and the Upper House or Rajya Sabha (Council of
Members of Parliament can put questions and States).
supplementary questions to the ministers for getting Parliament is also called the popular house as it
information regarding the working of the represents the people of India.
administration.
The President is an integral part of the Parliament
Parliament exerts control over the executive through though he is not a member of either House. As an
procedural devices such as question hour, zero hours, integral part of the Parliament, the President has been
calling attention motion, adjournment motion, assigned certain powers and functions.
half-an-hour discussion, etc.
Members of different political parties are Unicameral and Bicameral
elected/nominated to the Parliamentary Committees. System of Parliament
Through these committees, the Parliament controls Generally, there are two types of Parliament i.e.,
the government. Unicameral and bicameral system. When there are
The defeat of a Government Bill or decision in the two houses (Lok Sabha and Rajya Sabha) in the
Lok Sabha is taken as a loss of confidence by the Parliament, it is referred to as bicameral. This system
Council of Ministers and it resigns. is prevalent in India, Britain, America, etc.
NCERT Notes INDIAN POLITY & GOVERNANCE
51

In some countries, there is only single house of

Qualifications of the Member
Parliament. Such Parliament are known as
unicameral. This system is prevalent in China, Member of Rajya Sabha should be a citizen of India
Nepal, etc. and at least 30 years of age.
He/She should make an oath or affirmation stating
Rajya Sabha that he will bear true faith and obedience to the
Rajya Sabha is the body representing States in Indian Constitution of India.
Union. The elected members of the State’s Legislative Any Indian citizen can contest the Rajya Sabha
Assemblies elect the members of the Rajya Sabha on elections irrespective of the State in which he resides.
the basis of proportional representation through the Elections are to be conducted through an Open Voting
Single Transferable Vote System. System.
Structure of the Rajya Sabha Salary and Emoluments of Members
The Rajya Sabha or Council of States consists of not According to Article 106, each member of the house
more than 250 members. It is a permanent body as it gets salary and emoluments as established by law.
cannot be dissolved. In this regards, the salary, allowances and pension of
Out of 250, the President nominates 12 members on Members of Parliament Act, 1954.
the basis of their excellence in literature, science, art
and social service and the rest are elected. Tenure of Rajya Sabha
All the states do not send an equal number of Every member of the Rajya Sabha is elected for a
members to the Rajya Sabha. Their representation is tenure of six years. One-third of its members retire
decided on the basis of the population of respective after every two years. They are entitled to contest
states. Thus, the bigger State gets bigger again for membership.
representation and the smaller ones have lesser Mid-term elections take place to fill vacancies every
representation. two year.
Rajya Sabha
Representation of States in Rajya Sabha
The Fourth Schedule to the Constitution provides for
Maximum Actual number the allocation of seats to the States and Union
number of Members
of Members
Territories in Rajya Sabha. The allocation of seats is
(245)
(250) made on the basis of the population of each state.

Nominate Electe Nominate Electe Consequent to the reorganisation of states and the
d d d d
Members (12) Members Members (12) Members
(238) (233) formation of new states, the number of elected seats
in the Rajya Sabha allotted to states and Union
territories
States Union State Union has changed from time to time since, 1952.
(234) Territories s Territories
(4) (225 (8) Officials of Rajya Sabha
)
Some of officials of Rajya Sabha are as follows :
Delh Jammu and
i Puducherr Kashmir (4) Presiding Officers-Chairman and Deputy Chairman
(3) y (1)

Election Procedure in Rajya Sabha The Presiding Officers of Rajya Sabha have the
The members of the Rajya Sabha are elected by the responsibility to conduct the proceedings of the
elected members of the respective State Legislative House.
Assembly in accordance with the principle of The Vice-President of India is the ex-officio Chairman
proportional representation by the means of single of Rajya Sabha according to Article-89(1). Rajya Sabha
transferable vote. also chooses from amongst its members, a Deputy
Formula for election to Rajya Sabha Chairman according to Article 89(2).
Strength of Legislative Assembly There is also a Panel of Vice-Chairman in Rajya Sabha,
  the members of which are nominated by the Chairman
 No of Vacancies +1 
of the Rajya Sabha.
e.g. Rajasthan Legislative Assembly has a strength of In the absence of the Chairman and Deputy Chairman,
200. If there are 4 vacancies for Rajya Sabha seats in a member from the Panel of Vice-Chairman presides
Rajasthan, then a candidate has to get at least 41 over the proceedings of the House.
votes to be elected.
 NCERT Notes INDIAN POLITY & GOVERNANCE
52

Secretary-General Special Powers of Rajya Sabha

The Secretary-General is appointed by the According to Article 249, the Rajya Sabha can pass a
Chairman of Rajya Sabha and holds a rank resolution by 2/3rd majority of its members for declaring
equivalent to the highest civil servant of the Union. a State List subject as a subject of national importance.
The Secretary-General works with confidentiality Such a resolution empowers the Union Parliament to
is readily available to the Presiding Officers for legislate on such a state subject for a period of one year.
rendering advice on Parliamentary matters. Such resolutions can be repeatedly passed by the Rajya
The Secretary-General is also the administrative Sabha.
head of the Rajya Sabha Secretariat and the According to Article 312, the Rajya Sabha has the power
custodian of the records of the House. He works to create one or more new All India Services. It can do so
under the direction and control of the Chairman, by passing a resolution supported by a 2/3rd majority on
Rajya Sabha. the plea of national interest.
In a similar way, the Rajya Sabha can disband an
Quorum existing All India Service.
■
The quorum for the meetings of Rajya Sabha is
1/10th of its members. Allocation of Seats in Rajya Sabha
■
It means that at least 1/10th of the members (25) of State/UT Number State/UT Number of Seats
the Rajya Sabha must be present for carrying out of Seats
the work of the House.
Andhra Pradesh 11 Manipur 1
Arunachal 1 Meghalaya 1
Pradesh
Functions and Powers of Rajya
Assam 7 Mizoram 1
Sabha
Bihar 16 Nagaland 1
Some of functions and powers of Rajya Sabha are as
Chhattisgarh 5 Odisha 10
follows :
Goa 1 Punjab 7
Legislative Powers In the sphere of ordinary
law-making the Rajya Sabha enjoys equal powers Gujarat 11 Rajasthan 10
with the Lok Sabha. An ordinary bill can be Haryana 5 Sikkim 1
introduced in the Rajya Sabha and it cannot Himachal Pradesh 3 Tamil Nadu 18
become a law unless passed by it. Jharkhand 6 Telangana 7
Financial Powers In the financial sphere, the Karnataka 12 Tripura 1
Rajya Sabha is a weak House. If the Rajya Sabha
Kerala 9 Uttarakhand 3
proposes some amendments and the bill is
Madhya Pradesh 11 Uttar Pradesh 31
returned to the Lok Sabha, it depends upon the
Lok Sabha to accept or reject the proposed Maharashtra 19 West Bengal 16
amendments.
Electoral Powers The elected members of the Union Territories
Rajya Sabha along with the elected members of Andaman and — Lakshadweep —
the Lok Sabha and all the State Legislative Nicobar Islands
Assemblies together elect the President of India.
The members
of the Rajya Sabha and Lok Sabha together elect Chandigarh — Puducherry 1
the Vice-President of India. Members of the Rajya Dadra and Nagar — Jammu and 4
Sabha also elect a Deputy Chairman from amongst Haveli and Daman Kashmir
themselves. and Diu
Amendment Powers Rajya Sabha and Lok Sabha Delhi (The 3 Ladakh —
can together amend the Constitution by passing an National Capital
amendment bill with a 2/3 majority in each House. Territory)

Executive Powers The Union Council of Ministers Nominated 12

is collectively responsible to the Lok Sabha and not Members
the Rajya Sabha. Total 245
 NCERT Notes INDIAN POLITY & GOVERNANCE
53

Lok Sabha Allocation of Seats to States

The Lower House or the House of the People is Every state in India, is allocated seats in Lok Sabha
popularly known as Lok Sabha. Its members are according to proportion to their population. This
directly elected by the people on the basis of a provision is made in Article 81(2) of the Indian
Universal Adult Franchise. Constitution.
Structure of Lok Sabha This provision is only implemented to the state when its
Population exceeds 60 lakhs.
The maximum permissible membership of Lok
Sabha is 550 out of which 530 are directly elected Reservation in Lok Sabha
from the states while 20 members are elected According to Article 330, there is a provision of
from the Union Territories. reservation in Lok Sabha for Scheduled Tribes and
The distribution of seats among the states is based Scheduled Castes on the basis of proportion of their
on the principle of territorial representation which population.
means each state is allotted seats on the basis of At present, 84 seats for Scheduled Castes and 47 seats for
its population in proportion to the total population Scheduled Tribes are reserved in Lok Sabha.
of all the states.
Each state is divided into territorial units called Election to the Lok Sabha
constituencies which are more or less of the same For the purpose of holding direct elections to the Lok
size with regard to the population. Sabha, each state is divided into territorial constituencies
Lok Sabha for uniformity of representation in following two respects :
(i) Between the different States.
(ii) Between the different constituencies in the same State.
The 42nd Amendment Act of 1976, froze allocation of
Maximum Actual number
number seats in the Lok Sabha to the States and the Territorial
of Members
of Members (543) Constituencies till the year 2000 at the 1971 level.
(552) This ban on readjustment was extended upto year 2026

Nominate Elected Nominate Elected by the 84th Amendment Act of 2001.

d Members Members d Members Members
(2) (0) Officials of the Lok Sabha
Union Union Speaker is the presiding officer of Lok Sabha. The
States Territories State Territories
members of the House elect him. He/She remains
(530) (20) s (19)
(524 in position even after Lok Sabha is dissolved till the
) election of a new Speaker is done in his place by next
Delhi Jammu Lok Sabha.
(7) and
Other Kashmir
Union (5)
Territories
(7)

Qualifications of the Members extended for one year at a time. But it will not exceed six
months after the emergency is over.
Any Indian citizen can become a member of Lok Sabha
provided he/she fulfils the following qualifications
He/She should be not less than 25 years of age.
He/She should declare through an oath or
affirmation that he has true faith and allegiance in
the Constitution and he will uphold the sovereignty
and integrity of India.
He/She must possess such other qualifications as
may be laid down by the Parliament by law. He
must be registered as a voter in any constituency in
India.
Tenure of Lok Sabha
The normal term of Lok Sabha is five years. But the
President, on the advice of the Council of Ministers,
may dissolve it before the expiry of five years.
In the case of a national emergency, its term can be
 NCERT Notes INDIAN POLITY & GOVERNANCE
54
Deputy Speaker who is also elected by the
House presides over the meetings. Both the
Speaker as well as the Deputy Speaker can be
removed from office by a resolution of Lok
Sabha passed by a majority of all the then
members of the House.
Secretary of Lok Sabha The permanent official
of Lok Sabha and he is accountable to the
speaker. He invites members of Lok Sabha to
its proceedings on behalf of the President.

Pro-tem Speaker
■
Pro-tem speaker is chosen for the conduct of the house
when the Lok Sabha has been elected and the vote for the
Speaker and Deputy Speaker has not taken place.
■
Pro-tem speaker is the temporary Speaker who presides
over the first meeting of the Lower House of Parliament
after the general elections besides presiding over the
sitting in which the Speaker and Deputy Speaker are
elected if it is a newly constituted House.
■
Usually, the seniormost member of the House is selected
for the post.
 NCERT Notes INDIAN POLITY & GOVERNANCE
54

Powers and Functions of the Speaker Financial Powers The Lok Sabha has a superior
Some of powers and functions of the speaker are as position in the financial matter as a Money Bill can only
follows : be introduced in the Lok Sabha. Once a Money Bill is
He/she presides over the House and conduct the approved by the Lok Sabha, it is virtually enacted by the
meetings of the House in an orderly manner. Parliament itself.
Once elected to the office, the speaker serves his The Lok Sabha alone has the exclusive power of
party affiliation and starts functioning in an impartial sanctioning all Government expenditures. In case of
manner. He acts as the guardian of the rights and any dispute as to whether a particular bill is a Money
privileges of the members. Bill or not, the decision of the speaker of the Lok Sabha
is final.
In case of the absence of the Speaker, the Deputy
Speaker presides over the sessions of the Lok Sabha Constitutional Powers All bills of the Amendment of
the Constitution require to be passed in the Lok Sabha.
and conducts the business in the House.
Otherwise, the Amendments will not come into force
He conducts the proceedings of the House, maintains with the exception of those which requires special
order and decorum in the House and decides points approval by one half of the State Legislature.
of order, interprets and applies rules of the House.
Judicial Powers It has power to present proposal for
All the Bills, reports, motions and resolutions are the impeachment of the judges of Supreme Court and
introduced with Speaker’s permission. He/she puts High Court. Apart from this, it has power to punish
the motion or bill to vote. those who violate its privileges.
He/she does not participate in the voting but when Other Powers It takes part in the election of the
there is a tie i.e. equal number of votes on both sides, President, vice-President, Speaker and Deputy Speaker
he/she can use his casting structure of government of Lok Sabha. It gives permission to the declaration of
vote. emergency.
His decisions in all Parliamentary matters are final. Special Powers of Lok Sabha
He also rules on points of order raised by the
members and his decision is final. Some of special powers of Lok Sabha are as follows :
He disqualifies a member from his/her membership Motions of No-Confidence against the government can
in case of defection. He/she also accepts the only be introduced and passed in the Lok Sabha.
resignation of members and decides about the Money Bills can only be introduced in the Lok Sabha.
genuineness of the resignation. In case of a deadlock between the two Houses over an
In the case of the Joint Sitting of Lok Sabha and Rajya ordinary bill, the will of the Lok Sabha normally
Sabha, the Speaker presides over the meeting. prevails.

Powers and Functions of Lok Sabha Leader of the House

Some of powers and functions of Lok Sabha are as Apart from the Chairman and the Deputy Chairman in
follows : Rajya Sabha and Speaker and Deputy Speaker in the
Lok Sabha, the Leader in both Houses is another
Legislative Powers It can make any law along with functionary who plays important role in the efficient
the Rajya Sabha in Union and Concurrent Lists. and smooth conduct of the business in the House.
Whenever the Rajya Sabha passes a resolution that a The Prime Minister is usually the Leader of the House
certain matter has national importance, then Lok or the member nominated by him/her in which he/she
Sabha can make law on state subjects as well. Its is the Member of Parliament.
legislative powers increase immensely during
His primary responsibility is to maintain coordination
emergency.
amongst all sections of the House for a harmonious and
Executive Powers The President of India makes an meaningful debate in the House.
annual speech in Lok Sabha which contains the policy
of the Government for the upcoming year and can be Leader of Opposition
discussed by the members of the Lok Sabha only. The office of the leader of the opposition in a legislature
Under Article 75(3) of the Constitution, the Council of is of great public importance. Its importance emanates
the Ministers has been made responsible to the from the central role accorded to the opposition in a
House of people that is Lok Sabha. The Council of parliamentary democracy.
Ministers remains in office till it enjoys the confidence The leader of the opposition has power to criticise, find
of the Lok Sabha if, it loses the confidence of Lok fault and present alternative proposals/policies to the
Sabha, the Council of Ministers shall have to resign. raling government. But he has no power to implement
proposal/policies.
 NCERT Notes INDIAN POLITY & GOVERNANCE
55

Allocation of Seats in Parliament If a sitting Lok Sabha member becomes a Rajya Sabha
State/UT In Lok Sabha State/UT In Lok Sabha member or vice versa, the seat of the former house
State will vacate.
If a person has contested elections on two seats and is
Andhra Pradesh 25 Manipur 2
elected on both, he needs to choose one. If he fails to
Arunachal Pradesh 2 Meghalaya 2
do so, both the seats will get vacated.
Assam 14 Mizoram 1
A person cannot be an MLA and MP at the same time.
Bihar 40 Nagaland 1 If it happens that a person is both an MLA and MP, his
Chhattisgarh 11 Odisha 21 MP seat will vacate.
Goa 2 Punjab 13
Disqualification of Members of Parliament
Gujarat 26 Rajasthan 25
According to Article 102 of the Constitution, the
Haryana 10 Sikkim 1
following are the grounds for disqualification of Member
Himachal Pradesh 4 Tamil Nadu 39
of Parliament :
Jharkhand 14 Telangana 17
He holds any office of profit under the Union or State
Karnataka 28 Tripura 2 government (except that of a minister or any other
Kerala 20 Uttarakhand 5 office exempted by Parliament).
Madhya Pradesh 29 Uttar Pradesh 80 He is of unsound mind and stands so declared by a
Maharashtra 48 West Bengal 42 court. He is an undischarged insolvent.
Union Territories He has ceased to be a citizen of India.
Andaman and Nicobar 1 Lakshadweep 1 He is disqualified under any other law by Parliament.
Islands
The tenth Schedule to Constitution provides for
Chandigarh 1 Puducherry 1 disqualification of the members on the ground of
Dadra and Nagar 2 Jammu 5 defection.
Haveli and Daman and
and Diu Kashmir Equal Powers of Rajya Sabha and Lok Sabha
Delhi (The National 7 Ladakh 1 Equal right with the Lok Sabha in the election and
Capital Territory)
impeachment of the President (Articles 54 and 61).
Nominated 0
Members
Equal right with the Lok Sabha in the election and
removal of the Vice-President (Article 66). However,
Total 543
Rajya Sabha alone can initiate the removal of the
Vice-President. He is removed by a resolution passed
Vacancy of Seats by Members of by the Rajya Sabha by a special majority and the Lok
Parliament Sabha by a simple majority.
According to Article 101, a member of Parliament would Equal right with the Lok Sabha to make law defining
need to vacate the seat in the following circumstances: parliamentary privileges and also to punish for
contempt (Article 105).
A member of Parliament can resign from his seat. The
resignation letter is addressed to the Chairman of Equal right with the Lok Sabha to approve the
Rajya Sabha (Vice-President) and Speaker of Lok Sabha. Proclamation of Emergency (issued under Article
352), proclamations regarding failure of the
The Chairman or Speaker can declare the seat vacated
constitutional machinery in states (issued under
if a member has remained absent from all its meetings
Article 356) and even a sole right in certain
for a period of 60 days without permission. While
circumstances.
calculating the 60 days, the period for which a house is
Enlargement of the jurisdiction of the Supreme Court
prorogued or adjourned is not counted.
and the UPSC.
If a member has been elected as President or
Approval of ordinances issued by the President.
Vice-President or has been appointed as Governor of a
State, his seat will be vacated. Equal right with the Lok Sabha to receive reports and
papers from various statutory authorities :
If a person is elected from Lok Sabha and Rajya Sabha, —
Annual Financial Statement [Article 112(1)].
he needs to intimate within 10 days to the House of
which he desires to serve. However, if he fails to
—
Audit reports from the Comptroller and Auditor
make such an intimation, his Rajya Sabha membership General of India/CAG [Article 151(1)].
will end.
—
Reports of the Union Public Service commission.
[Article 323(1)].
 NCERT Notes INDIAN POLITY & GOVERNANCE
56

—
Reports of the Special Officer for the Scheduled Rajya Sabha can only discuss the budget, but cannot
Castes and Scheduled Tribes [Article 338(2)]. vote on the demands for grants.
—
Report of the Commission to Investigate the A resolution for the discontinuance of the National
Conditions of the Backward Classes [Article 340(3)]. Emergency can be passed only by the Lok Sabha and
—
Report of the Special Officer for Linguistic not by the Rajya Sabha.
Minorities [Article 350 B(2)]. The Rajya Sabha cannot remove the Council of
Ministers by passing a no-confidence motion. This is
Difference between powers of Lok
because the Council of Ministers is collectively
Sabha and Rajya Sabha
responsible only to the Lok Sabha.
Rajya Sabha Lok Sabha
Special Powers of Rajya Sabha
The members of the Rajya The members of the Lok Sabha
Sabha are elected by the are elected by the people
with Respect to Lok Sabha
Legislative Assemblies of the directly on the basis of the Rajya Sabha enjoys some special powers with respect
respective States on the basis secret vote and Universal Adult to Lok Sabha such as :
of proportional representation. Franchise.
The Money Bills cannot be The Money Bills can be Legislation on State Matters
introduced in the Rajya Sabha. introduced only in the As a federal chamber, it can initiate Central
Lok Sabha.
intervention in the state legislative field.
The Council of Ministers is not The Council of Ministers is
responsible to the Rajya Sabha. responsible to the Lok Sabha.
Article 249 of the Constitution provides that the Rajya
Therefore, a no-confidence It can remove a government Sabha may pass resolution, by a majority of not less
motion cannot be introduced from office by passing a than two-third of the members present and voting, to
in the Rajya Sabha. resolution of no-confidence. the effect that it is necessary or expedient in the
The Vice-President is the The representative of Lok Sabha national interest that Parliament should make laws
representative of Rajya Sabha. is the speaker of Lok Sabha. with respect to any matter enumerated in the State
The Rajya Sabha has lesser The Lok Sabha is more list.
powers than Lok Sabha in powerful.
certain areas. If such a resolution is adopted, Parliament will be
authorised, to make laws on the subject specified in the
resolution, for the whole or any part of the territory of
Special Powers of Lok India.
Sabha with Respect to A resolution about the matters of state list will remain
Rajya Sabha in force for a period not exceeding 1 year or as may be
specified therein. This period can be extended by
A Money Bill can be introduced only in the Lok
1 year at a time by passing further resolution.
Sabha and not in Rajya Sabha.
Rajya Sabha cannot amend or reject a Money Bill. It Creation of All India Services
should return the Bill to the Lok Sabha within 14 Another exclusive power of the Rajya Sabha is
days with or without recommendations. contained in Article 312 of the Constitution wherein if
The Lok Sabha can either accept or reject all or any of the Rajya Sabha passes a resolution by a majority of not
the recommendations of the Rajya Sabha. In both less than two-third of the members present and voting
cases, the Money Bill is deemed to have been passed declaring that it’s necessary or expedient in the
by the two Houses. national interest to create one or more All India
Services.
A Financial Bill, not containing solely the matters of
Article 110, also can be introduced only in the Lok It can be common to the Union and the States and
Sabha and not in the Rajya Sabha. But, with regard to Parliament will have the power to create by law such
its passage, both have equal powers. services.
The final power to decide whether a particular Bill Approval of Proclamation
is a Money Bill is vested in the Speaker of the Lok The provision to Clause (4) of the Article 352 of the
Sabha. Constitution, provides that if a proclamation of
The Speaker of Lok Sabha presides over the joint Emergency is issued when the House of the people
sitting of both the Houses. remains dissolved and a resolution approving the
The Lok Sabha with greater number wins the battle proclamation is passed by the Council of States. In this
in a joint sitting except when the combined strength case, the proclamation would be legally effective upto a
of the ruling party in both Houses is less than that of maximum period of 30 days from the date on which the
opposition parties. House of the people first sits after its reconstitution.
 NCERT Notes INDIAN POLITY & GOVERNANCE
57

This provision, therefore, appears to suggest that there Dissolution

might be an occasion when the Council of States could
be called into a session at a time when the House of Unlike the Prorogation, a dissolution ends the term of
people stands dissolved. the existing House and thus a new House is
constituted after general elections being held.
The provision to Clause (3) of the Article 356 of the
Rajya Sabha is a permanent house, it is not subject to
Constitution which relates to the proclamation to be
dissolution. Thus, only the Lok Sabha is subject to
issued by the President in case of failure of
dissolution.
constitutional machinery in a state, contains a similar
stipulation.
Parliamentary Privileges
Sessions of Parliament Parliamentary privileges are mentioned in the Article
105 of the Constitution.
A session contains many meetings such as :
Originally, the Constitution expressedly mentioned
Summoning two privileges, that is freedom of speech is
Parliament and right of Publication of its proceeding.
According to Article 85, it is the President who
summons the sessions Parliament. As a convention, Individual Privileges
there are three Parliamentary sessions in a year : They are exempted from jury service. They can
Budget Session takes place from February to May. It is refuse to give evidence and appear as a witness in a
the longest session and the budget is presented in this case pending in court when Parliament is in session.
session. There is a gap of one month between the They cannot be arrested during the session of
presentation of the budget and the passing of the Parliament and 40 days before the beginning and 40
budget. The members discuss the various provisions of days after the end of a session.
the budget and matters concerning taxation after the
Finance Minister presents the budget. President’s Collective Privileges
address to the house also takes place in this session. It has the right to publish its reports, debates and
Monsoon Session is held from July to September every proceedings and also the right to prohibit others from
year. This session takes place after a break of two publishing the same.
months after the budget session. In this session, matters It can make rules to regulate its own procedure and
of public interest are discussed. the conduct of its business and to adjudicate upon
such matters.
Winter Session of Parliament is held in mid-November
to mid-December every year. It is the shortest session It can punish members for breach of its privileges or
of all. its contempt by reprimand, admonition or
imprisonment. The courts are prohibited to inquire
Adjournment into proceedings of a house or its committees.
A Parliamentary session consists of multiple meetings,
with two sittings every day: a morning sitting and a Parliamentary Proceedings and
post-lunch sitting. Motions
An adjournment is when the work in a session is put on
Both the Houses of the Indian Parliament have
hold for a set amount of time, which could be hours,
different devices of Parliamentary proceedings and
days, or weeks.
motions.
Adjournment Sine Die These devices are employed to make the members act
It stops Parliamentary sessions for an indefinite amount according to the rules of the House.
of time. Adjournment sine die refers to when the House Parliamentary Proceedings
is adjourned without specifying a date for re-assembly.
Prominent hours in the parliamentary proceedings are :
The Speaker of Lok Sabha or Chairman of Rajya Sabha
declares the House adjourned sine die when the Question Hour
business of a session is completed. Generally, the first hour of a sitting of Lok Sabha is
devoted to questions and that hour is called the
Prorogation Question Hour.
The President issue notification of the session’s It has a special significance in the proceedings of
prorogation within a few days after adjourning it. Parliament. Asking of questions is an inherent and
While the House is in session, the President has the unrestricted Parliamentary right of members. It is
power to prorogate it. during the Question Hour that the members can ask
questions on every aspect of administration and
governmental activity.
 NCERT Notes INDIAN POLITY & GOVERNANCE
58

Types of Questions For raising matters during the so-called Zero Hour in
Questions are of three types: starred, unstarred and Lok Sabha, members give notice before 10 am every day
short notice questions are as follows: to the Speaker stating clearly the subject which they
Starred Question consider to be important and wish to raise in the House.
The Speaker is responsible allowing or not allowing
It is a question for which a member desires an oral
raising of such matters in the House.
answer in the House and which is distinguished by
an asterisk mark. When a question is answered The term ‘Zero Hour’ is not formally recognised in our
orally, supplementary questions can be asked Parliamentary procedure.
thereon. Only 20 questions can be listed for oral Rule 184 Any simple motion can be taken up under this
answer on a day. rule. The only special provision under this rule is that
Unstarred Question it calls for a vote at the end of the discussion.
It is a question which is not called for oral answer in Rule 377 Of the Rules of Procedure and Conduct of
the House and on which no supplementary Business in Lok Sabha, members are allowed to raise
questions can consequently be asked. To such a matters which are not points of order or which have not
question, a written answer is deemed to have been been raised during the same session under any other rule.
laid on the table after the Question Hour by the
Minister to whom it is addressed.
Motions
It is printed in the official report of the sitting of the The term ‘motion’ in Parliamentary language means any
House for which it is put down. Only 230 questions proposal made for the purpose of eliciting a decision of
can be listed for written answer on a day. the House. It is phrased in such a way that, if passed, it
will purport to express the will of the House. Motions
Short Notice Question may be classified as substantive or substitute or
It is a question which relates to a matter of urgent subsidiary :
public importance and can be asked with shorter —
Substantive motion is a self-contained independent
notice than the period of notice prescribed for an proposal made in reference to a subject which the
ordinary question. mover wishes to bring forward.
Like a starred question, it is answered orally —
Substitute motion is moved in substitution of an
followed by supplementary questions. original motion and proposes an alternative to it.

Short Duration Discussion

—
Subsidiary motion has by itself no meaning and
cannot state the decision of the house without
In order to provide opportunities to members to
reference to the original motion or proceedings of
■

discuss matters of urgent public importance, a

convention was established in March, 1953. It was the House.
incorporated later into the Rules of Procedure and
conduct of Business in Lok Sabha under Rule 193 as
Types of Motion
Short Duration Discussion. Types of motions in the parliamentary proceedings are :
■
Under this rule, members can raise discussion for Calling Attention Motion
short durations without a formal motion or vote
thereon. Under this procedural device, a member may, with the
prior permission of the Speaker, call the attention of a
Half-an-Hour Discussion
Minister to any matter of urgent public importance and
Where answer to a question whether starred or
the Minister may make a brief statement or ask for time
■

unstarred needs elucidation on a matter of fact, any

member can table a notice for raising half-an-hour
to make a statement later.
discussion thereon. The calling attention procedure is an Indian innovation
■
If the notice is admitted and gets priority in ballot which combines asking a question with supplementaries
such a discussion may be allowed by the Speaker. and making brief comments; the government also gets
adequate opportunity to state its case.
Zero Hour Adjournment Motion
The time immediately following the Question Hour Adjournment Motion (Rule 56) is the procedure for
and laying of papers and before any listed business adjournment of the business of the House for the
is taken up in the House has come to be popularly purpose of discussing a definite matter of urgent public
known as the Zero Hour. As it starts around 12 importance, which can be moved with the consent of the
noon, this period is termed as ‘Zero Hour’. Speaker.
NCERT Notes INDIAN POLITY & GOVERNANCE
59

The adjournment motion, if admitted, leads to The Members of the Parliament can raise such
setting aside of the normal business of the House for discussions on a matter of urgent public importance.
discussing the matter mentioned in the motion. The Speaker can allot two days in a week for such
To be in order, an adjournment motion must raise a discussions.
matter of sufficient public importance to warrant Closure Motion It is moved to cut short the debate
interruption of normal business of the House and the going in the House and the matter is put to vote. There
question of public importance is decided on merit in are four types of closure motion viz, Simple Closure,
each individual case. Closure by Compartments, Guillotine Closure and
The purpose of an adjournment motion is to take the Kangaroo Closure.
government to task for a recent act of omission or Privilege Motion It is to censure a member or a
commission having serious consequences. Its minister if any member feels there has been a breach of
adoption is regarded as a sort of censure of the Parliamentary privileges.
government.
Motion of Thanks The President’s address at the first
The adjournment motion is voted upon after the session of the House each year is put to vote in the
discussion. Rajya Sabha does not have this power to house by Motion of Thanks. This motion must be
raise an adjournment motion. passed in the House. The scope of the discussion on the
No-Confidence Motion motion of thanks is very wide and members have liberty
to speak on any matter of national and international
The government must always enjoy majority support
importance.
in the popular House to remain in power. If need be,
it has to demonstrate its strength on the floor of the Difference between Censure
House by moving a motion of confidence and winning Motion and No-Confidence
the confidence of the House. Motion
The Constitution does not mention either a
Censure Motion No-Confidence Motion
confidence motion or a no-confidence motion. Rule
198 of the rules of procedure and conduct of It should state the reasons for its It need not state the reasons for its
adoption in the Lok Sabha. adoption in the Lok Sabha.
business in Lok Sabha lays down the procedure for
moving a motion of no-confidence against the It can be moved against an It can be moved against the entire
Council of Ministers. individual minister or a group of Council of Ministers only.
ministers of the entire council of
The usual format of such a motion is that “this Ministers.
House expresses its want of confidence in the
It is moved for censuring the Council It is moved for ascertaining the
Council of Ministers”. of Ministers for specific policies confidence of the Lok Sabha in
A motion of no-confidence need not set out any and actions. the Council of Ministers.
grounds on which it is based. If it is passed in the Lok Sabha, the If it is passed in the Lok Sabha, the
A no-confidence motion is allowed only in Lok Sabha. Council of Ministers need not Council of Ministers must resign
resign from the office. from the office.
Censure Motion
Censure motion can be moved only in Lok Sabha Cut Motion
under Rule 184. A censure motion is moved against
Members of Parliament can also move motions to reduce
an individual minister or whole of the Council of
any demand for grant. Such motions are called cut
Ministers for a dereliction of duties or breach of
motion, which are of three kinds :
privilege.
Policy Cut It represents the disapproval of the policy
The grounds for moving a censure have to be tabled
underlying the demand. It states that the amount of the
before the Speaker. Speaker can also disallow a
demand be reduced to ₹ 1.
censure motion. The motion is voted upon after a
debate. Economy Cut It represents the economy that can be
affected in the proposed expenditure it states that the
If the censure motion is passed against the good, the
amount of the demand be reduced by a specified
Council of Ministers shall pass a confidence motion
amount.
to regain the trust of the House.
Token Cut It represents a specific grievance that is
Short Discussion (Rule 193) It is a two-hour
within the sphere of responsibility of the Government
discussion as the time allotted for such a discussion
of India. It states that amount of the demand be
should not exceed two hours.
reduced by ₹ 100.
 NCERT Notes INDIAN POLITY & GOVERNANCE
60

Legislative Procedure in Money Bill

Parliament According to Article 110, a Bill shall be deemed
to be a Money Bill if it contains only provisions
The Legislative procedure is identical in both the Houses of dealing with all or any of the following matters,
Parliament. Every bill has to pass through the same namely :
procedure in each House. A bill is a proposal for legislation —
the imposition, abolition, remission, alteration
and it becomes an act or law when duly passed by both or regulation of any tax;
Houses of the Parliament and signed by the President of —
the regulation of the borrowing of money or the
India.
amendment of the law with respect to any
Types of Bills financial obligations undertaken or to be
Bills introduced in Parliament are of two kinds: Public undertaken by the Government of India;
Bills and Private Bills, which are also known as —
the custody of the Consolidated Fund or the
Government Bills and Private Member’s Bills respectively. Contingency Fund of India, the payment of
Public Bill is presented in Parliament by a minister only money into or the withdrawal of money
while Private Bill can be presented by any Member of from any such fund;
Parliament. —
the appropriation of money out of the
Public Bill has a greater chance to be passed by Parliament Consolidated Fund of India;
whereas Private bill is less likely to be passed by the —
the declaring of any expenditure to be
Parliament. expenditure charged on the Consolidated Fund
Public Bill’s introduction in the House requires 7 day’s of India or the increasing of the amount of any
notice. On the other hand, Private Bill introduction in the such expenditure;
House requires one month. —
the receipt of money an account of the
Consolidated Fund of India or the public
Other Types of Bills account of India or the custody or issue of such
All legislative proposals are initiated in the Parliament in money or the audit of the accounts of the
the terms of Bills. The Bill is a proposed legislation. It Union or of a State or
becomes a law when it is asserted by the President. The —
any matter incidental to any of the
bill can broadly be categorised as: matters specified in sub-clauses (a) to (f).
Ordinary Bills If any question arises whether a Bill is a Money
All the bills other than Financial bills, Money bills and the Bill or not, the decision of the Speaker of the
Constitutional Amendment bills are Ordinary bills. House of the People thereon shall be final.
Such bills can be introduced in either House of the Money Bills can be introduced only in Lok Sabha.
Parliament (in Lok Sabha or the Rajya Sabha) without the Rajya Sabha cannot make amendments in a
recommendation of the President, except those bills under Money Bill passed by Lok Sabha. It can, however,
Article 3 (i.e. bills related to reorganisation of the territory recommend amendments in a Money Bill, but
of a State). must return all Money Bills to Lok Sabha within
14 days from the date of their receipt.
These bills are passed by a simple majority by both the
Houses. Both the Houses enjoy equal jurisdiction over It is open to Lok Sabha to accept or reject any or
such bills. In case of a deadlock due to any reason, the tie all of the recommendations of Rajya Sabha with
is resolved by a joint sitting. Only once, the President can regard to a Money Bill.
return such bills for reconsideration to the Parliament for If Lok Sabha accepts any of the recommendations
the second time, he is bound to give his assent. of Rajya Sabha, the Money Bill is deemed to have
Each House has laid down a procedure for the passage of a been passed by both Houses with amendments
Bill. According to the procedure of the House, a bill has to recommended by Rajya Sabha and accepted by
pass through three stages commonly known as Readings. Lok Sabha.
—
First Reading The bill is introduced in the House. If Lok Sabha does not accept any of the
At this stage, no discussion takes place. recommendations of Rajya Sabha, Money Bill is
deemed to have been passed by both Houses in
—
Second Reading This is the consideration stage when the form in which it was passed by Lok Sabha
the Bill is discussed clause by clause. without any of the amendments recommended by
—
Third Reading During this stage, a brief general Rajya Sabha.
discussion of the bill takes place and the bill is finally
passed. When the Bill is passed by one House, it is sent to
the other House for its consideration.
NCERT Notes INDIAN POLITY & GOVERNANCE
61

If a Money Bill passed by Lok Sabha and transmitted In the case of Constitutional Amendment Bill, there is
to Rajya Sabha for its recommendations and it is not no provision for joint sitting of both the Houses to
returned to Lok Sabha within the said period of resolve the deadlock in the passage of Bill. If one
14 days, it is deemed to have been passed by both House rejects the Bill or suggests amendments that are
Houses at the expiration of the said period in the not acceptable to the original House, the Bill comes to
form, in which it was passed by the Lok Sabha. an end.
Financial Bill
While a Money Bill deals solely with matters specified
Stages of Passing of Bills
in Article 110(1) (a) to (g) of the Constitution, a There are two types of bills; Ordinary Bills and Money
financial bill does not exclusively deal with all or any Bills. In the sphere of ordinary law-making, i.e.,
of the matters specified in the said Article that is to non-financial legislation, the two Houses of Parliament
say it contains some other provisions also. enjoy co-equal powers. A bill becomes an Act only
after the two Houses have passed it in identical terms.
Financial bills can be the divided into two categories.
In the first category are the Bills which inter-alia A bill other than a Money or Financial Bill may be
(among other things) contain provisions attracting introduced in either House of Parliament and requires
Article 110(1) (a) to (f) of the Constitution. They are passage in both the Houses before it can be presented
categorised as financial bills under Article 117(1) of for the President’s assent.
the Constitution. A bill may be introduced either by a minister or a
Like money bills, they can be introduced only in Lok private member. Every bill that is introduced in the
Sabha on the recommendation of the President. House has to be published in the Gazette.
However, other restrictions in regard to money bills
do not apply to this category of Bills. Financial bill The First Stage
under Article 117(1) of the Constitution can be This stage of legislation is the introduction of a bill
referred to a Joint Committee of the houses. that embodies the proposed law and is accompanied
In the second category are those Bills which inter-alia by the “Statement of Objects and Reasons”.
contain provisions, which would on enactment The introduction of the bill is also called the first
involve expenditure from the Consolidated Fund of reading of the bill. There is no debate at the time of the
India. Such Bills are categorised as Financial Bills introduction of a bill.
under Article 117 (3) of the Constitution. In the Second Stage
Financial Bills can be introduced in House of
A bill may be
Parliament like any other ordinary Bill. However, —
taken into consideration;
recommendation of the President is essential for
consideration of these Bills by either House and
—
referred to a Select Committee of the House;
unless such recommendation is received, House can —
referred to a Joint Committee of both the Houses;
pass the Bill. However, the Bill may be introduced —
circulated for the purpose of soliciting public
without President’s recommendation, but in such a opinion.
case its consideration cannot take place. In the Third Stage
Constitution Amendment Bill The member incharge moves that the bill be passed.
The Constitution vests in Parliament the power to At the third reading, the progress of the bill is quick as
amend the Constitution. Constitution Amendment Bill normally only verbal or purely formal amendments
can be introduced in House of Parliament. are moved and discussion is very brief.
The Constitution Amendment Bill affecting vital Once all the amendments are disposed of, the bill is
issues as enlisted in the provision to Article 368(2) of finally passed in the House where it was introduced.
the Constitution after having been passed by the
Houses of Parliament, have also to be ratified by not Passing of Bill in Another House
less than one half of the State Legislatures. After the third stage, Bill is passed to the other house
While motions for introduction of Constitution for consideration where it has to undergo all the stages
Amendment Bills are adopted by simple majority, a as in the originating House.
majority of the total membership of the House and a The House may finally pass the bill reject the bill or
majority of not less than two-third of the members amend it and return to the originating House. If it do
present and voting is required for adoption of effective not take any action on the bill and if more than six
clauses and motions for consideration and passing of months pass after the date of receipt of the bill, this
these Bills. means rejection.
 NCERT Notes INDIAN POLITY & GOVERNANCE
62

In case both the Houses do not come to an agreement, Scrutiny by Dept Committees An in-depth scrutiny of
the President convenes a Joint Sitting of the two demand for grants by the department is made by each
Houses. The disputed provision is finally adopted or departmental Standing Committee of Parliament.
rejected by a simple majority by vote of those who are Three to four weeks are given for this and the house
present and voting. remains in recess during the same time. The Standing
A bill that is finally passed by both the Houses is Committees make a report to the House at the end.
presented with the signature of the Speaker to the Voting on the Demand for Grants The Members of
President for his assent. This is normally the last Parliament of Lok Sabha study and vote on each
stage. If the President gives the assent, the bill demand for a grant.
becomes an Act and is placed in the Statute Book.
The Lok Sabha only can vote on a demand for grants
and no voting is allowed on the expenditure charged
Joint Session of Parliament on the Consolidated Fund of India. Member’s of
According to Article 108 of the Constitution of India, Parliament can move a motion for reduction of a grant
provides for the joint sitting of both the House of the called Cut Motions.
Parliament, the Lok Sabha and the Rajya Sabha, in Appropriation Bill and Finance Bills The
order to break any deadlock between the two. Appropriation bill contains voted demand for grants
The Joint Sitting is called by the President. Such a and also expense charged on the Consolidated Fund of
session is presided over by the Speaker, and in India. No amendments can be made on these in any
his/her absence, by the Deputy Speaker of the Lok House. After the bill receives the assent of the
Sabha. President it becomes an Appropriation Act. This
In the absence of both, it is presided over by the allows expenses from the Consolidated Fund of India.
Deputy Chairman of the Rajya Sabha. If any of the A Finance Bill is also presented containing provisions
above are not present any other Member of the for taxation. It is like a Money Bill however,
Parliament can preside by consensus of both the amendment can be moved seeking to reduce or
Houses. remove a tax. This allows taxes to be levied.

Budget in Parliament and Vote on Account

Financial Process ■
Since, the Parliament is not able to vote the entire
budget before the commencement of the new financial
The Constitution refers to the budget in Article 112 as year, the necessity to keep enough finance at the
the ‘Annual Financial Statement’. disposal of government in order to allow it to run the
administration of the country remains.
Budget ■
A special provision is, therefore, made for Vote on
Budget is a Money Bill introduced in Lok Sabha. Account by which the government obtains the Vote of
According to Article 112 of the Indian Constitution, the Parliament for a sum sufficient to incur expenditure on
President is responsible for presenting the budget to the various items for a part of the year.
Lok Sabha. The Annual Financial Statement takes into ■
Normally, the Vote on Account is taken for 2 months
only. But during election year or when it is anticipated
account a period of one financial year.
that the main Demands and Appropriation Bill will take
Stages of Enactment of Budget a longer time than 2 months, the Vote on Account may
be for a period exceeding 2 months.
There are six stages of the enactment of budget :
Vote of Credit
Presentation of Budget It starts with a budget speech. ■
It is granted for meeting an unexpected demand upon
The Finance Minister gives a budget speech and at the resources of India, when on account of the
the end of it; the budget is laid before both houses. magnitude or the indefinite character of the service, the
General Discussions Only the general principles of demand cannot be stated with the details ordinarily
Budget or the Budget as a whole can be discussed. No given in a budget.
motions of reduction of grants or votes can be made. ■
Hence, it is like a blank cheque given to the Executive
The Finance minister has the right to reply at the end by the Lok Sabha.
of the discussion. This happens in both houses.
 NCERT Notes INDIAN POLITY & GOVERNANCE
63

Budgetary Motions disinvestment, National Calamity and Contingency

There are three motions used by members in Fund (NCCF) (for Disaster Management), Provident
connection with the budget. The demand for grants is Fund, Postal insurance, etc. The government does not
considered and passed by Lok Sabha. Hence, these need permission to take advances from this account.
motions can be moved only in Lok Sabha. Grants of the Government
Economy Cut It signals that the government has Voted/Votable Expenditures This is the actual budget.
done undue spending and asks the government to The expenditures in the budget are actually in the form
undertake cost-cutting measures to improve of Demand for Grants. The Demands for Grants are
efficiency. presented to the Lok Sabha along with the Annual
Policy Cut It signals the complete disapproval of the Financial Statement. Generally, one Demand for Grant
budget by the House and recommends that the is presented for each Ministry or Department.
amount of the grant be reduce to ₹ 1. Supplementary Grants Supplementary grants are
Token Cut It signals disapproval in the overall granted when the sum approved by the Parliament via
allocation of budgetary items and asks the House to Appropriation Act for a certain service for the current
cut the amount by ₹ 100. Token cut is of symbolic financial year is found to be inadequate.
nature. So far, no cut motions have been passed. Additional Grants These are granted when a need has
Cut Motion If a cut motion is adopted and passed, a emerged for the duration of the current financial year
no-confidence motion can be proceeded against for additional expenditure for a certain new services,
government. not considered in the budget for that year.
Excess Grants Excess Grant is granted when the cash
Funds of Government of India spent on any provision in a financial year exceeds the
There are three types of funds of the Central amount granted for that service in the budget.
Government viz. Consolidated Fund of India [Article Token Grant It is granted when the funds to meet the
266(1)], Contingency Fund of India (Article 267) and proposed expenditure on a new service can be made
Public Accounts of India [Article 266(i)] are mentioned in available by reappropriation.
the Indian Constitution.
Consolidated Fund of India Parliamentary Committees
This is the most important of all accounts of the There are three types of committees viz. Ad Hoc
government. This fund contains direct and indirect Committees, Joint Parliamentary Committees and
taxes and the Loans taken by the Indian Government. Standing Committees.
The Government meets all its expenditure from this Ad Hoc Committees
fund. The government needs Parliamentary approval
Ad Hoc committees are constituted by the House or by
to withdraw money from this fund.
the Presiding Officers, singly or jointly, for a specific
The Comptroller and Auditor General of India audit purpose and cease to exist when they finish the task
these funds and report to the relevant legislatures on assigned to them and submit a report.
their management.
The usual Ad Hoc committees are the Select or Joint
Contingency Fund of India Committees on Bills and others like the Railway
The corpus of this is ₹ 500 crores. It is in the nature of Convention Committee, setup to review the rate of
imprest money maintained for a specific purpose. dividend payable by railways to the general revenues,
and those constituted to enquire into and report on
The Finance Secretary holds this fund on behalf of
specific subjects.
the President of India. This fund is used to meet
unexpected or unforeseen expenditures. Joint Parliamentary Committees
Public Accounts of India Joint Parliamentary Committee (JPC) is one type of
Adhoc Parliamentary Committees constituted by
All other public money (other than those covered
Parliament. It is mandated to inquire into a specific
under the Consolidated Fund of India) received by or
subject.
on behalf of the Indian Government are credited to
this account/fund. A JPC is constituted either through a motion adopted by
one House and concurred by the other or through
This fund is made up of a Bank savings account of the
communication between the presiding officers of the
various ministries/departments. These are National
two Houses. The members are either elected by the
small savings fund, defense fund, money earned from
Houses or nominated by the presiding officers.
 NCERT Notes INDIAN POLITY & GOVERNANCE
64

The strength of a JPC may vary. The terms of reference Committee on Public Undertakings
of a JPC are decided by the Parliament itself.
It examines the reports and accounts of public
JPC have overarching powers of summoning any
undertakings. This Financial Committee has
authority including the Prime Minister and seeking
22 members.
attendance.
Out of 22 members, 15 are elected from Lok Sabha
Standing Committees (Lower House) and 7 members are elected from Rajya
Standing Committees are permanent committees. Each Sabha (Upper House). This was constituted for the
House of Parliament has Standing Committees. first time on the recommendation of Krishna Menon
Committee (1964).
Some important committees are Public Accounts
Committee, Estimates Committee, and Committee on
Public Undertakings. Other Parliamentary Committees
■
Business Advisory Committee This committee
Public Accounts Committee regulates the programme and time table of the house.
It examines the annual reports of the Government and It allocates time for the transaction of legislative and
scrutinises the reports of the Comptroller and Auditor other business brought before the hence by the
government.
Generals laid in the Parliament by the President. It has
Committee on Government Assurances This
22 members.
■

committee examines the assurances, provinces and

All the members are taken from the Indian Parliament. undertakings given by ministers from time to time on
Out of 22 members, 15 are elected from Lok Sabha the floor of the house and reports on the extent to
(Lower House) and 7 members are elected from Rajya which they have been carried through.
Sabha (Upper House). Lok Sabha Speaker has the ■
Committee on Subordinate Legislation This
authority to appoint the Chairman of the Committee. committee examines 8 reports to the House whether
the powers to make regulations, rules subrules, 8
Estimates Committee bye-laws delegated by the Parliament or conferred by
It examines the estimates of the expenditure proposed the Constitution to the executive are properly
by the government in the budget and suggests exercised by it.
‘economies’ in public expenditure. It has 30 members. ■
Committee on Private Member’s bill and
All the members are taken from Lok Sabha (Lower Resolutions This is a special committee of Lok Sabha
and consists of 15 members including the Deputy
House).
speaker as its chairman. The committee classifies bills
The Chairman of the Estimates Committee is appointed allocates time for the discussion on bills and
invariably from the ruling party. It was first constituted resolutions introduced by private members.
in 1950 on the recomendations of John Mathai.
 CHAPTER 11
INDIAN POLITY & GOVERNANCE
NCERT Notes
65

State Executive

Sources Class-VII New NCERT Chap 3 (How State Government works?), Class-IX & X Old NCERT Chap 7 (Our
Government at the State), Class-XI Old NCERT Chap 6 (State Government), Chap 6 (Executive of India)
Chap 8 (Indian Administration : Working and Organisation)

The State Laws are made by State Legislatures. These laws

Appointment of Governor
are executed in the states by the State Executives. The
functions of State Executive are very much similar to Union Under Article 155, the President of India appoints
Executive. the Governor of the State for a term of five years. He
holds his office during the pleasure of the President.
Constitutional The President not only can remove the Governor
from his office but also can transfer him from one
Provisions for the state to another.
State Executive The President can appoint the same person as
Governor of one or more than one state by the
Articles 153 to 167 in Part VI of the Constitution deal Seventh Constitutional Amendment, 1956.
with the State Executive. The Part VI was not entirely Normally, the Governor should not belong to the
applicable for the state of Jammu and Kashmir. state to which she/he has been appointed as the
However with the scrappage of Article 370, which Governor.
provided special status on the 5th August, 2019, all
provisions of Part VI of the Constitution are applicable to Qualifications of the Governor
Union Territories of Jammu and Kashmir and Ladakh. As per Article 157, any person who is a citizen of
Part VIII of the Constitution deals with Union Territory, India and has completed the age of 35 years can be
described between Articles 239 to 242. appointed as a Governor of a State in India.
The State Executive consists of the Governor, the Chief Article 158 states that the Governor shall not be a
member of either House of Parliament or Legislature
Minister, his Council of Ministers, Advocate General
of a state. If any member of any of these houses is
and those who are in the Civil Service at the state level.
appointed as a Governor, he deemed to have vacated
Govern such membership on the date on which he assumes
or
charge of Governorship.
Chief Council
State Executive of
Oath of the Governor
Before entering upon the office, a Governor is
Advocate required to take an oath in the presence of Chief
General Justice or the seniormost judge of the High Court of
Governor the State.
The Governor is the nominal head of the State In his oath, he promises to preserve and protect the
Government. The executive authority of a state is vested in Constitution and the law.
the Governor of the State who exercises it directly or
through the officers subordinate to him.
 NCERT Notes INDIAN POLITY & GOVERNANCE
66

Term of Office He calls the leader of the majority party or an alliance

Article 156 (1) states that the Governor shall hold of parties (if there is no single party having a majority)
office during the pleasure of the President which is to form the Ministry.
not justifiable. He appoints the Chief Minister. He also appoints other
The Governor may, by writing under his hand ministers and distributes portfolios amongst them on
addressed to the President, resign from his office. the advice of the Chief Minister.
The Governor shall hold office for a term of 5 years He appoints Advocate-General, Chairman and
from the date on which he enters his office, if not members of the State Public Service Commission
removed by President earlier. He shall also continue (SPSC). He has the ‘Right to be Informed’ of all the
to hold office, even on the expiry of his term, until his affairs of the State Government.
successor enters his office. Legislative Powers
The Governor has no security of term and no fixed Governor possesses certain legislative powers under
term of office as he may be removed by the President Article174, such as
at any time. He may be reappointed in same state or —
Summoning and proroguing the Legislature
any other state. —
Dissolving the Legislative Assembly
Salary and Allowances —
Addressing the session of the Assembly or Joint
All salary, allowances and emoluments are charged Session of the two Houses of the Legislature.
upon consolidated fund of state. He can send messages to either or both the Houses,
A Governor gets salary of ₹ 3.5 lakh a month and a assent the Bills passed by the legislature, promulgate
Lieutenant Governor of Union Territories gets salary an ordinance etc.
of ₹ 1.1 lakh a month. According to Article 171(3), the Governor nominates
Pension is also awarded to Governor. one-sixth of the members of the State Legislative
Council from amongst persons with great knowledge
Privileges of the Governor in literature, science, art, cooperative etc.
The Governor of a state is not to be answerable to any In January 2020, the Anglo-Indian reserved seats in
court for the exercise and performance of the powers the state legislatures were abolished by the 104th
and duties of his office or for any act done or Constitutional Amendment Act, 2019.
purporting to be done by him in the exercise and
performance of those powers and duties.
Financial Powers
He is immune to any criminal proceedings what so ever According to the Article 202, the Governor asks the
shall be instituted or continued against the Governor Finance Minister to lay an Annual Financial
of a state, in any court during his term of office. Statement before the State Legislature in every
financial year.
No process for the arrest or imprisonment of the
Governor of a state shall issue from any court during A Money Bill cannot be introduced or moved in the
his term of office. Legislative Assembly except on the recommendation
of the Governor.
No civil proceedings, in which relief is claimed
against the Governor of a state, shall be instituted A Bill involving expenditure from the Consolidated
during his term of office in any court in respect of any Fund of the State cannot be passed by the Legislature
act purporting to be done by him in his personal unless the Governor has recommended for its
capacity. considerations.
After giving two month’s notice, civil proceedings can No demand for a grant can be made except on the
be instituted against him during his term of office in recommendation of the Governor.
respect of his personal acts. Judicial Powers
Powers and Functions of the The Governor possesses the power to grant pardons,
reprieves, respites or remissions of punishment. He
Governor
can suspend, remit or commute the sentence of any
The powers and functions of the State Governor are person convicted of any crime or offence against any
as follows : law relating to a matter to which the executive power
Executive Powers of the State extends.
All the executive functions in the state are carried on The Governor is consulted by the President while
in the name of the Governor. It is mentioned in the appointing the judges of the concerned State High
Article 154. Court.
 NCERT Notes INDIAN POLITY & GOVERNANCE
67

Discretionary Powers people of entire state for the work of his government.
Under Article 163(1), the Governor of a state has power Chief Minister is called as ‘primus inter pares’ meaning
to act at his own discretion. Governor is not binded by first among the equals.
the advice of a Council of Ministers when any action is
Appointment of the Chief Minister
taken at his own will. Discretionary powers are to be
carried out according to the discretion of the Governor. As per Article 164(1) Governor appoints the Chief
The Governor can use these powers in the following Minister.
conditions: If a party gets absolute majority in the Legislative
When no party gets a clear majority, the Governor has Assembly and elects its own leader, the Governor has
discretion to choose a candidate as Chief Minister who to appoint him the Chief Minister.
will put together a majority coalition as soon as If no party gets absolute majority but two or more than
possible. two parties together form an alliance with a common
He submits report on his own to the President or on programme. If this alliance is able to command
the direction of the President regarding the affairs of absolute majority in the Legislative Assembly, the
the state. leader of such an alliance is called upon by the
Governor to assume the office of Chief Minister.
He can withhold his assent to a bill and send it to the
President for approval. Qualifications to be the Chief Minister
He can impose President’s rule. During an emergency A Chief Minister must be a citizen of India, should be
rule as per Article 353, the Governor can override the a member of the State Legislature and should be of 25
advice of the Council of Ministers if specifically years of age or more.
permitted by the President. An individual who is not a member of the Legislature
Constitutional Position of the can be appointed as the Chief Minister but he should
elected to the State Legislature within six months
Governor from the date of the appointment. He didn’t get
As Indian Constitution has adopted a Parliamentary elected, he would cease to be the Chief Minister.
form of government wherein the Council of Ministers
is answerable to the Legislature, the powers really Election and Term of the Chief Minister
belong to the ministry and not to the Governor. The Chief Minister is elected through a majority in the
However, extraordinary situations may require the State Legislative Assembly. This is procedurally
Governor to act at his discretion. established by the Vote of Confidence in the
There are various controversies regarding the powers Legislative Assembly, as suggested by the Governor of
of the Governor. As he is an appointee of the President the state who is the appointing authority.
of India and holds his office during the pleasure of the He is elected for five years. The Chief Minister shall
President, he has to act as per the advice of the hold office during the pleasure of the Governor.
President and cannot deny it.
Oath of Chief Minister
He is required to act on the advise of Council of
Ministers. There is conflict on the matter that whose Before entering upon the office, a Chief Minister is
advise should be obeyed by the Governor. Most of the required to take an oath in the presence of Governor
Governors have acted on the advice of the President of the state.
and this has caused a lot of resentment from state In his oath, he promises to preserve and protect the
governments. Constitution and the law.
When the Parliament passed the 42nd Constitutional
Powers and Functions of the Chief Minister
Amendment Act 1976, it was made mandatory for the
President to act on the advice of the Council of According to the Article 163, Chief Minister is the
Ministers but not so in the case of the Governor. This most important official of the state government.
provision is not mandatory in states because the She/He takes the final decision about his/her team of
Central Government did not want to loosen its grip on Council of Ministers.
the state governments. Chief Minister is the chief spokesperson of the
government.
Chief Minister The Chief Minister can ask any minister to resign from
Chief Minister is real head of the government in the his post. If he does not do so, he may be removed from
state. The Chief Minister occupies a foremost place in the Council of Ministers by the Governor on the
the Legislature. Being the head of the Council of advice of Chief Minister.
Ministers, he is responsible for its actions. He is
responsible to the
 NCERT Notes INDIAN POLITY & GOVERNANCE
68

Chief Minister presides over the meetings of the Size of the State Council of Ministers
Council of Ministers.
The total number of ministers in the Council of
He communicates the decision of the Council of
Ministers must not exceed 15% of the total number of
Ministers to the Governor.
members of the house.
Whenever Governor wants to communicate with the
Council of Ministers, he does so through the Chief Qualification of a Minister
Minister. A Minister within the state Council of Ministers must
Chief Minister can re-shuffle the Council of Ministers, be a citizen of India and have attained 25 years of age.
can induct new ministers and drop any member from He should be a member of the ‘Vidhan Sabha’ or
his/her team. Legislative Council i.e. ‘Vidhan Parishad’ (if
applicable).
Position of the Chief Minister
If the person chosen as the minister is not a member
Chief Minister occupies unique position in the
of any house of State Assembly at the time of
Council of Ministers. Whenever a conflict arises
selection, he must be elected as a member of either of
between a minister and the Chief Minister, the
the house within six months.
minister has to give way to Chief Minister.
While forming Council of Ministers, he has to take Oath of the Minister
number of factors into considerations such as Before entering upon the office, the minister is
representation of different sections of society, required to take an oath in the presence of Governor
different geographical regions and different of the state.
ideological groups in the party etc. In his oath, he promises to preserve and protect the
Constitution and the law.
State Council of Ministers Functions and
According to the Article 163, Chief Minister along with Responsibilities of
other ministers in the state government shall form the Council of Ministers
Council of Ministers. Functions and responsibilities of Council of Ministers are
Structure of Council of Ministers as follows :
The Council of Ministers in several states consists of Collective Responsibilities
three categories namely Cabinet Ministers, Ministers of The Council of Ministers is collectively responsible to
State and Deputy Ministers. the Legislative Assembly.
State Cabinet Ministers The Cabinet comprises the The Council of Ministers take policy decisions on all
first category of Ministers only. Thus, cabinet is a part matters of administration.
of Council of Ministers and carries on all the functions The Council supervises the execution of all policy
of the government of the state. Whatever decision it decisions.
takes, is considered to be the decision of the entire It also prepares bills and presents them in the
Council of Ministers. Legislature so that they become laws.
Minister of State The Minister of State can either be It prepares the budget and gets it passed by the
given independent charge of ministries/departments Legislature.
or can be attached to Cabinet Ministers. Hence, they It regulates income and expenditure of the State.
work under the supervision and direction of the
Cabinet Ministers. Individual Responsibilities
Deputy Ministers Deputy Ministers are not given Chief Minister may ask any minister to resign from the
independent charge of ministries/departments. They post.
are attached to other types of ministers to help in their If the Minister does not resign from the post, he may
administrative and political duties. be removed from the Council of Ministers by the
Appointment of State Council of Governor on the advice of Chief Minister.
Ministers Position of Council of Ministers
A minister works at the pleasure of the Governor. Since the entire Council of Ministers is responsible to
He is appointed by the Governor on the advice of the the Legislative Assembly, it implies that the censure
Chief Minister. motion against one minister amounts to no confidence
against the whole ministry.
 NCERT Notes INDIAN POLITY & GOVERNANCE
69

The members of both the houses of the legislature

Secretariat Department
keep control over the ministers by:
—
asking supplementary questions. The term secretariat means the secretary’s office. As
the secretary is the principal adviser to the minister,
—
moving adjournment motions, call-attention motions.
they administers the various ministers effectively.
—
appointing various committees such as Public
Account Committee, Estimates Committee, They assist the ministers in policy making, framing
Committee on Government Assurances, Committee draft legislation and rules and regulations.
on Public Undertakings, Committee on Privileges, It prepares budgets and also monitors and controls
Committee on Subordinate Legislation etc. expenditure.
Overseas the smooth and efficient running of the
Advocate General administrative machinery.
In India, an Advocate General is a legal advisor to a The officers of a Secretariat Department has three
State Government. The post is created by the level hierarchy a secretary, Deputy secretaries and
Constitution of India and corresponds to that of under/assistant secretaries.
Attorney General of India at the Central-level.
Chief Secretary
The Governor of each state shall appoint a person who
is qualified to be appointed as Judge in High Court. Every state has a Chief Secretary. He/she controls all
secretariat departments.
There is no fixed term of office and no upper-age-limit
mentioned for the Advocate General. The tenure of Chief Secretary is not fixed or time
bound. The Chief Secretary would normally retire
Administration of Union Territories from the same position or move to the Union
Articles 239 to 241 in Part VIII of the Constitution deal Government to take higher position.
with the Union territories. Among these, Article 239 Functions of Chief Secretary
specifies about the administration of Union territories. The Chief Secretary is the principal adviser to the
Every Union Territory is administered by the Chief Minister in which capacity he/she work out the
President acting through an administrator. It may be detailed administrative plan of action.
Lieutenant Governor or Chief Commissioner or He/she is the secretary to the Cabinet, who prepares
Administrator. the agenda for cabinet meetings, arranges and
At present, India has 8 Union Territories. The maintains records of these meetings.
erstwhile state of Jammu and Kashmir has been The Chief Secretary is the head of the civil services of
bifurcated into two UTs of Jammu and Kashmir and the state. It is he, who decides on the postings and
Ladakh on 16th July, 2020 effectively. transfers of civil servants.
The Union Territories of Puducherry and Delhi are He/she exercises administrative control over the
provided with a Legislative Assembly and a Council of Central Record Branch and also controls the staff
Ministers headed by a Chief Minister. The Chief attached to the Ministers.
Minister of Delhi and Puducherry are appointed by
the President, not by the Governor or Lt. Governor. Directorates in State Administration
Directorates are the executive arm of the State
Special Provisions For Delhi
government. They translate into action the policies
The 69th Constitutional Amendment Act of 1991,
that are framed by the state secretariat.
■

provided a special status to the UT of Delhi and

redesignated it as National Capital Territory of Delhi. Directorates are nothing but one type of executive
It created a Legislative Assembly and a Council of agency. Directorates are classified into two categories:
—
■

Ministers for Delhi. The strength of the assembly is The Attached Offices are responsible for providing
fixed at 70 members, directly elected by the people. executive direction to the ministry to which they are
attached.
— The Subordinate offices Function as field
State Administration : establishments or as the agencies responsible for the
Structure and Functions detailed execution of the decisions of government.
The functioning of the government is made effective with Directors or Commissioners are the heads of
the help of task-oriented departments. The secretariat departments who are the in-charge of the actual
helps the government in policy-making and execution of administration of specific services or administration
legislative functions. of projects.
CHAPTER
70 12 NCERT Notes INDI AN POLITY & GOVER NANCE

State Legislature

Sources Class-IX & X Old NCERT Chap 7 (Our Government at the State), Class-XI New NCERT Chap 5 (Legislature),
Class-XI Old NCERT Chap 6 (State Government), Chap 3 (Legislature of India), Chap 4 (Constitutional and
Financial Processes at Central and State Level)

India is a Union of states. It means that there is one

Union Government and several State Governments, it Legislative Assembly (Vidhan Sabha)
also means that Union (Centre) is more powerful than There is a Legislative Assembly in every state. It
states. represents the people of the State.
The members of Vidhan Sabha are directly elected
Constitutional Provisions by people on the basis of a Universal Adult Franchise.
They are directly elected by all adult citizens
Regarding State Legislature registered as voters in the State. All men and women
Part VI of Article 168 to 212 of the Constitution deal who are 18 years of age and above are eligible to be
with structure, tenure, officials, powers of the State included in the voter’s list. They vote to elect
Legislature. The legislature of a state is the members of the State Assembly.
law-making body. A state can have a unicameral as Every state is divided into as many (single member)
well as a bicameral legislature. constituencies as the number of members to be
According to Article 168 of the Indian Constitution, elected. Members are elected from territorial
there shall be a legislature in every state and it shall constituencies.
consist of the Governor.
Eligibility and Composition
In order to become a member of Vidhan Sabha, a
Composition of the State person must be a citizen of India, have attained the
Legislature age of 25 years, his/her name must be on voter’s list
and must not hold any office of profit.
In most states, the Legislature consists of the
Governor and the Legislative Assembly (Vidhan The number of Vidhan Sabha members cannot be more
Sabha). This means that these states have unicameral than 500 and not less than 60. However, very small
legislature. states have been allowed to have a lesser number of
members.
The Legislative Assembly is known as the Lower
House or Popular House. The Legislative Council is Some seats are reserved for the members of Scheduled
known as the Upper House. Castes and Schedule Tribes. The tenure of Vidhan
Sabha is five years, but the Governor can dissolve it
In a few states, there are two houses of the Legislature
before the completion of its term on the advice of the
namely, Legislative Assembly (Vidhan Sabha) and Chief Minister.
Legislative Council (Vidhan Parishad) besides the
It may be dissolved by the President in case of a
Governor.
State Legislature
Governor Legislative Legislative Constitutional Emergency proclaimed under Article
Assembly Council (Vidhan 356 of the Constitution.
(Vidhan Sabha) Parishad)
 NCERT Notes INDIAN POLITY & GOVERNANCE 71

In case of a proclamation of national emergency In this situation, Parliament resolves to abolish the
(under Article 352), the Parliament can extend the concerned Legislative Council.
term of the Legislative Assemblies for a period not
As of March 2022, 6 States (Andhra Pradesh,
exceeding one year at a time.
Karnataka, Maharashtra, Telangana, Bihar and Uttar
Distribution of Seats in Various Pradesh) have a State Legislative Council.
State Legislative
Number of Members of Legislative
Assemblies
States Total No. Council in different States
States Total No. of
of Seats
Seats States Number
Andhra Pradesh 175 Manipur 60 Uttar Pradesh 100
Maharashtra 78
Arunachal 60 Meghalaya 60
Pradesh Bihar 75
Assam 126 Mizoram 40 Karnataka 75
Bihar 243 Nagaland 60 Andhra Pradesh 58
Chhattisgarh 90 Odisha 147 Telangana 40
Goa 40 Punjab 117
Eligibility and Composition
Gujarat 182 Rajasthan 200
According to the Constitution, the total number of members in the
Haryana 90 Sikkim 32
Vidhan Parishad of a State should not exceed one-third of the total
Himachal 68 Tamil Nadu 234
number of members of Vidhan Sabha, but this number should not
Pradesh
be less
Jharkhand 81 Telangana 119 than 40.
Karnataka 224 Tripura 60 In order to be a member of the Legislative Council the
Kerala 140 Uttar Pradesh 403 person concerned should – be a citizen of India, have
Madhya
230 Uttarakhand 70 attained the age of 30 years, be a registered voter in
Pradesh the State and must not hold any office of profit.
Maharashtra 288 West Bengal 294 The Vidhan Parishad is partly elected and partly
Union Territory
nominated. Most of the members are indirectly
elected in accordance with the principle of
Delhi 70 Jammu and Kashmir 85
proportional representation by means of a Single
Puducherry 33 Transferable Vote System.
One-third of members of the Council are elected by
Legislative Council (Vidhan the members of the Vidhan Sabha.
Parishad) One-third of the members of the Vidhan Parishad are
elected by the electorates consisting of members of
Vidhan Parishad is the Upper House of the State
municipalities, District Boards and other local bodies
Legislature. They are a result of the British Legacy.
in the State.
It is not in existence in every State. Very few states
One-twelfth members are elected by the electorate
have a bicameral Legislature that means having two
consisting of graduates in the State with a standing of
Houses.
three years.
Articles 168 to 212 deals with the State
One-twelfth members are elected by the electorate
Legislative councils in India. consisting of teachers of educational institutions
The Parliament can create Vidhan Parishad in a State within the State not lower in standard than a
where it does not exist, if the Legislative Assembly of secondary school who have teaching experience of at
the State passes a resolution to this effect. least three years.
This can be done by a majority of the total The remaining, i.e. about one-sixth members are
membership of the Assembly and by a majority of not nominated by the Governor from amongst the persons
less than two-thirds of the members of the Assembly having special knowledge in the sphere of literature,
present and voting and sends the resolution to the science, arts, co-operative movement and social
Parliament. service.
Similarly, if a State has a Council and the Assembly
and wants it to be abolished, it may adopt a resolution
by a similar majority and send it to Parliament.
 NCERT Notes INDIAN POLITY & GOVERNANCE
72

The Vidhan Parishad, like Rajya Sabha, is a The Parliament and the Legislative Assemblies
permanent House. It is never dissolved. The tenure of have the right to make the laws on the subjects
its members is six years. One-third of its members mentioned in the Concurrent List. But in case of
retire after every two years. contradiction between the Union and State law on
The retiring members are eligible for re-election. In the subject, the law made by the Parliament shall
case of a vacancy arising out of resignation or death prevail.
by-election is held for the remaining period of such Bills are of two types - Ordinary Bills and Money Bills.
member’s tenure. Ordinary bills can be introduced in either of the
According to Article 182, members of Legislative Houses (if the State Legislature is bicameral), but the
Council choose their presiding officer or the Chairman. Money Bill is first introduced in the Vidhan Sabha.
Disqualifications of the Houses After the bill is passed by both Houses, it is sent to the
Governor for his assent. The Governor can send back
Under the Constitution, a person shall be disqualified the bill for reconsideration. When this bill is passed
for being chosen as and for being a member of the again by the Legislature, the Governor has to give his
Legislative Assembly or Legislative Council of a state. assent.
—
if he holds any office of profit under the Union or The Governor can issue an Ordinance on the State
State Government (except that of a minister or subjects when the Legislature is not in session. The
any other office exempted by State Legislature). Ordinances have the force of law.
—
if he is of unsound mind and stands so declared by a
The Ordinances issued are laid before the State
court.
Legislature when it reassembles. It ceases to be in
—
if he is an undischarged insolvent. operation after the expiry of six weeks unless rejected
—
if he is not a citizen of India or has voluntarily by the Legislature earlier.
acquired the citizenship of a foreign state or is under The Legislature passes a regular bill, to become a law,
any acknowledgement of allegiance to a foreign to replace the ordinance. This is usually done within
state. six weeks after the re-assembly of the Legislature.
—
if he is so disqualified under any law made by
Parliament. Financial Powers
According to Article 191(2), a person shall be The State Legislature keeps control over the finances
disqualified for being a member of the Legislative of the State. A Money Bill is introduced first only in
Assembly or Legislative Council of a state if he is, so the Vidhan Sabha.
disqualified under the Anti-Defection Law of the The Money Bill includes authorisation of the
Tenth Schedule. expenditure to be incurred by the government,
imposition or abolition of taxes, borrowing, etc.
Sessions of the State The bill is introduced by a Minister on the
Legislature recommendations of the Governor. The Money Bill
The State Legislature meets at least twice a year and cannot be introduced by a private member. The
the interval between two sessions cannot be more Speaker of the Vidhan Sabha certifies that a particular
than six months. bill is a Money Bill.
The Governor summons and prorogues the sessions of After a Money Bill is passed by the Vidhan Sabha, it is
State Legislature. He addresses the Vidhan Sabha or sent to the Vidhan Parishad. It has to return this bill
both Houses (if there is a bi-cameral Legislature) at within 14 days with, or without, its recommendations.
the commencement of the first session after each The Vidhan Sabha may either accept or reject its
general election and at the commencement of the first recommendations.
session of the year. The bill is deemed to have been passed by both
Houses. After this stage, the bill is sent to the
Powers and Functions of Governor for his assent.
the State Legislature The Governor cannot withhold his assent, as Money
Bills are introduced with his prior approval.
Important powers and functions of the state legislature
are as follows : Control over the Executive
Law-Making Functions The Council of Ministers is responsible to Vidhan
Sabha collectively and remains in the office so long as
The primary function of the State Legislature, like the
it enjoys the confidence of the Vidhan Sabha.
Union Parliament, is law-making. The State
Legislature is empowered to make laws on State List
and Concurrent List.
NCERT Notes INDIAN POLITY & GOVERNANCE 73

The Council of minister is dissolved if the Vidhan He can allow a secret sitting of the House at the
Sabha adopts a vote of no-confidence or it rejects a request of the leader of the House. He decides the
government bill. In addition to the no-confidence questions of disqualification of a member of the
motion, the Legislature keeps checks on the assembly, arising on the ground of defection under the
government by asking questions and supplementary provisions of the Tenth Schedule of the Constitution.
questions, moving adjournment motions and calling However, he also vacates his office earlier in any of
attention notices. the following three cases :
Electoral Functions 1. If he ceases to be a member of the assembly.
2. If he resigns by writing to the Deputy Speaker.
The elected members of the Vidhan Sabha are
members of the Electoral College for the election of 3. If he is removed by a resolution passed by a
the President of India. majority of all the members of the assembly. Such
resolution can be moved only after giving 14 days
The members of the Vidhan Sabha also elect members
advance notice.
of the Rajya Sabha from their respective States.
One-third of members of the Vidhan Parishad are also He appoints the Chairman of all the committees of
elected by the members of the Vidhan Sabha. the assembly and supervises their functioning. He
himself is the Chairman of the Business Advisory
In all these elections, members of the Vidhan Sabha
Committee, the Rules Committee and the General
(Assembly) cast their votes in accordance with a
Purpose Committee. The speaker decides whether a
single transferable vote system.
bill is a Money Bill or not.
Constitutional Functions
Deputy Speaker of Assembly
There are some Constitutional amendments that
Like the Speaker, the Deputy Speaker is also elected
require a special majority of each House of the
by the assembly itself from amongst its members. He
Parliament and ratification by not less than half of the
is elected after the election of the Speaker has taken
states relating to Federal subjects.
place.
The resolution for the ratification is passed by State
The Deputy Speaker performs the duties of the
Legislatures with a simple majority. However, a
Speaker’s office when it is vacant. He also acts as the
Constitutional amendment cannot be initiated in the
Speaker when the latter is absent from the sitting of
State Legislature.
assembly. In both the cases, he has all the powers of
Officers of the State Legislature the Speaker.
Articles 178 to 187 deals with the officers of the state Chairman of the Council
legislature. The Chairman is elected by the council itself
It includes Speaker, Deputy Speaker, Chairman of from amongst its members. He may vacate his
Legislative Council or Assembly, Deputy Chairman of office by resigning by writing to the Deputy
Legislative Council or Assembly etc. Chairman or if he ceases to be a member of the
council.
Speaker of Assembly
His powers and functions are comparable to the
Members of the Assembly elect the Speaker among Speaker of the Assembly with few exceptions. Such as
themselves. He remains in office during the tenure of the Speaker has one special power which is not
the assembly. enjoyed by the Chairman. The Speaker decides
However, he may vacate his office by writing to the whether a bill is a Money Bill or not and his decision
Deputy Speaker or be removed by a resolution passed on this question is final.
by a majority of all the then members of the assembly
or he ceases to be a member of the assembly. Such a Deputy Chairman of Council
resolution can be moved only after giving 14 days Like the Chairman, the Deputy Chairman is also
prior notice. elected by the council itself from amongst its
Powers and Duties of Speaker members. The Deputy Chairman performs the duties
of the Chairman’s office when it is vacant.
His duties are similar to those of the Speaker of the
He also acts as the Chairman, when the
Lok Sabha. He adjourns the assembly or suspends the
chairman is absent from the sitting of the council.
meeting in the absence of a quorum and maintains
In both the cases, he has all the powers of the
order and decorum in the assembly for conducting its
Chairman.
business and regulating its proceedings.
 NCERT Notes INDIAN POLITY & GOVERNANCE
74

Difference between Legislative Assembly and It is important to note that there is no provision for
Legislative Council holding a joint sitting of the two Houses of the State
Legislative Assembly Legislative Council Legislature for resolving a deadlock on a non-money
(Vidhan Sabha) (Vidhan Parishad) bill. As it is in Union Bill in the Parliament.
It refers to the lower house of It is the upper house of the State The above provisions show that the position of the
the State Legislature. Legislature. council with respect to the assembly is very weak and
Direct election is the mode The indirect election is the mode the assembly can pass any bill it wants even if the
of electing members of the of electing members of the council disagrees.
Legislative Assembly. Legislative Council.
Legislative Assembly members Legislative Council members are Money Bill (Article 199)
are elected for a term of 5 years. elected for a term of 6 years.
Money Bill is a bill, which exclusively deals with
Speaker is the presiding officer Chairman is the presiding officer
of the Legislative Assembly. of the Legislative Council. taxation matters. It can only be introduced in the
Legislative Assembly. It cannot be introduced in the
The maximum number of The number of members should
members is 500 and the be one-third of the total number assembly except with prior recommendation of the
minimum number of of members in the Legislative Governor.
members are 60. Assembly. The number of And if any question arises whether a bill is a
members should not be less
than 40. Money Bill or not, the decision of the Speaker of
the Legislative Assembly shall be final.
Minimum age of Minimum age of membership in
membership in the Legislative Council is 30 years. A Money Bill having been passed by the Legislative
Legislative Assembly is 25 Assembly is transmitted to the Legislative Council.
years. The Legislative Council has to return the Money Bill
Money bill is introduced first Money bill cannot be initiated in within 14 days from the date of receipt with or
in Vidhan Sabha. the Vidhan Parishad.
without any amendments. The Legislative Assembly
is not bound to agree with the amendments.
Legislative Assent of the Governor (Article 200) It deals with the
Procedures in procedures regarding the assent to the bills passed by
State Legislature the State Legislature. It holds that, when a bill has
been passed by the Legislative Assembly of a state or,
States Legislature has separate procedure for the passing in the case of having a Legislative Council, has been
of ordinary bill and the money bill. passed by both Houses of the Legislature of the state,
it shall be presented to the Governor. The Governor
Ordinary Bill (Article 196) shall give he assents to the bill or he can withhold
An Ordinary Bill is that bill, which is neither a Money assent or he can reserve the bill for the consideration
Bill nor a bill involving expenditure from the of the President.
consolidated fund of the state. Assent of the President (Article 201) When a bill is
It is a bill relating to matters of ordinary legislation. It reserved by the Governor for the consideration of the
can be introduced in either House of the State President, the President shall declare either that he
Legislature if it has a Legislative Council. The bill has assents to the bill or that he withholds assent to the
to be passed by both the Houses of Legislature. bill or return the bill for reconsideration of the
Article 197 provides the following cases of conflict in Houses of the State Legislature.
the two Houses of a State Legislature. And after passing from the State Legislature again
A bill having been passed by the Legislative Assembly with or without recommendation or amendments,
and sent to the Legislative Council is not returned the President is not bound to give his/her assent.
within three months by the council.
A bill having been passed by the Legislative Assembly
Privileges of State Legislature
is rejected by the Legislative Council. Each of the House has the right to publish its reports,
debates and proceedings. It can make rules to regulate
If the Legislative Assembly does not accept the
its own procedure and the conduct of its business and to
recommendation or the amendment proposed by the
adjudicate upon such manners.
Legislative Council.
And after all these phases, if the Legislative Assembly The courts are prohibited to enquire into the
passes the bill again with or without the amendments proceedings of the House and its proceedings.
proposed by the Legislative Council, it shall be deemed
to be passed by both the Houses.
 NCERT Notes INDIAN POLITY & GOVERNANCE 75

There are two kinds of privileges of State Legislature. They are exempted from jury service. They can refuse
They are : to give evidence and appear as a witness in a case
1. Collective Privileges pending in a court when the State Legislature is in
session.
The privileges belonging to each House of the State
Legislature collectively are as follows: Sessions of the State Legislature
It has the right to publish its reports, debates and Summoning The Governor from time to time summons
proceedings and also the right to prohibit others each House of State Legislature to meet. The minimum
from publishing the same. gap between the two sessions of the Legislature cannot
It can exclude strangers from its proceedings and be more than 6 months.
hold secret sittings to discuss some important Adjournment It suspends the work in a sitting
matters. for a specified time which may be hours, days or weeks.
It can make rules to regulate its own procedure and Prorogation The Governor can also prorogue
the conduct of its business and to adjudicate upon House which is in session. The presiding officer
such matters. It can punish members as well as (Speaker or Chairman) declares the House
outsiders for breach of its privileges. adjourned sine die, when business of the session is
It has the right to receive immediate information of completed.
the arrest, detention, conviction, imprisonment and Dissolution A dissolution ends the life of the existing
release of a member. House and a new House is constituted after the general
It can institute inquiries and order the attendance of elections are held.
witnesses and send for relevant papers and records. Quorum It is one-tenth of the total number of members
The courts are prohibited to inquire into the of the House (including the presiding officer). If there is
proceedings of a House or its committees. no quorum during a meeting of the House, it is the duty
No person (either a member or outsider) can be of the Presiding Officer either to adjourn the House or
arrested and no legal process (civil or criminal) can to suspend the meeting until there is a quorum.
be served within the precincts of the House without
the permission of the presiding officer. Lapsing of Bills
The position with respect to lapsing of bills on the
2.Individual Privileges dissolution of the assembly is mentioned below :
The privileges belonging to the members individually A bill pending in the assembly lapses.
are as follows:
A bill passed by the assembly but pending in the
They cannot be arrested during the session of the council lapses.
State Legislature and 40 days before the beginning
A bill pending in the council but not passed by the
and 40 days after the end of such session. This
assembly does not lapse.
privilege is available only in civil cases and not in
criminal cases or Preventive Detention cases. A bill passed by the assembly or passed by both the
Houses but without the assent of the Governor or the
They have freedom of speech in the State
President does not lapse.
Legislature. No member is liable to any proceedings
in any court for anything said or any vote given by A bill passed by the assembly or passed by both the
him in the State Legislature or its committees. Houses, but returned by the President for
reconsideration of House(s) does not lapse.
76
CHAPTER 13 NCERT Notes INDI AN POLITY & GOVER NANCE

Judiciary

Sources Class-VII Old NCERT Chap 10 (Our Courts), Class-VIII New NCERT Chap 5 (Judiciary), Class-VIII New NCERT Chap
6 (Understanding Our Criminal Justice System), Class-IX & X Old NCERT Chap 8 (Our Courts),
Class-XI New NCERT Chap 6 (Judiciary), Class-XI Old NCERT Chap 8 (Judiciary in India)

The principal role of judiciary is to protect Rule of As far as the appointment of the Chief Justice of India
Law and ensure Supremacy of Law. It safeguards (CJI) is concerned, over the years, a convention had
rights of the individual and settles disputes in developed whereby the seniormost judge of the
accordance with the law. Supreme Court was appointed as the Chief Justice of
Judiciary is a part of the democratic political structure India.
of the country. Therefore, it is accountable to the But in 1973, AN Ray was appointed as CJI displacing
Constitution, democratic traditions and people of the three senior judges. Again in 1975, Justice MH Beg
country. was appointed displacing Justice HR Khanna.
This matter again came up before the Supreme Court
Supreme Court of India between 1982 and 1998. The Supreme Court
The highest judicial authority in India is the Supreme suggested that the Chief Justice should recommend
Court inaugurated on 28th January, 1950. names of person to be appointed in consultation with
The Indian Constitution provides for a provision of the four seniormost judges of the court.
Supreme Court under Part V, Article 127 to 147. Hence, the Supreme Court has established the
It deals with the organisation, independence, principle of collegiality in making recommendations
jurisdiction, power and procedures of the Supreme for appointment.
Court.
Eligibility of Judge
Composition of Supreme Court Article 124(3) states that only such a person can be
The Supreme Court consists of a Chief Justice and appointed a Judge of the Supreme Court :
several other Judges.
—
who is a citizen of India
—
who has been a judge of a high court for atleast five
At present, Supreme Court has 32 Judges including
years
the Chief Justice of India with maximum possible
strength of 34.
—
who has been an advocate of a high court for ten
years
Appointment of Judge —
who is in the opinion of President, a distinguished
As per Article 124(2), every Judge of the Supreme jurist.
Court is appointed by the President after consulting The Judges of the Supreme Court are paid salaries
such of the judges of the Supreme Court and the high determined by the Parliament by law. They are also
courts as President deems necessary. However, while entitled to such privileges and allowances and to such
appointing other Judges, the President has to consult rights in respect of leave of absence and pension as
the Chief Justice of India. are determined by the Parliament from time to time.
NCERT Notes INDIAN POLITY & GOVERNANCE 77

Salaries of Judge the Supreme Court) to act as a judge of the Supreme

In the year 2018, the salary of the Chief Justice was Court, when there is a lack of Quorum of the
increased to ₹ 2.80 lakhs per month from ₹ 1 lakh and Permanent Judges to hold or continue any session of
other judges was increased to ₹ 2.50 lakhs from ₹ the Supreme Court.
90,000. Retired judges are entitled to get 50% pension Such a person will be entitled to allowances as the
of their last drawn salary. President may determine and shall have all the
After appointment, the Parliament cannot make any jurisdiction, powers and privileges that are enjoyed
change, in the salaries, allowances, privileges, leave of by regular judges.
absence and pension etc., except in case of financial
emergency. Independence of Judiciary
The independence of judiciary depends on following
Oath and Tenure of Judges three factors :
Every person appointed to be a Judge of the Supreme ■
The other organs of the government like the executive
Court is required to take an oath of office before he and legislature must not restrain the functioning of the
enters upon his office, in front of the President or some judiciary in such a way that it is unable to do justice.
person appointed by him. ■
The other organs of the government should not
In his oath, a judge of Supreme Court Swears to bear interfere with the decision of the judiciary.
true faith and allegiance to the Constitution of India, to ■
Judges must be able to perform their functions
uphold the Sovereignty and Integrity of India and to without fear or favour.
uphold the Constitution and the laws.
Every Judge of the Supreme Court including the Chief
Justice holds office until he attains the age of 65 years.
Jurisdiction of Supreme Court
The Supreme Court of India is one of the very powerful
However, he can resign from his post any time by
courts anywhere in the world. However, it functions
submitting his resignation to the President.
within the limitations imposed by the Constitution. The
Removal of Judges Supreme Court has specific jurisdiction or scope of
Article 124(4) mentions the regulations for the powers.
removal of the Supreme Court Judge. He can be
removed from his office by the President if each House Original Jurisdiction
of Parliament has passed a motion for such removal on Article 131 deals with original jurisdiction. It means
the grounds of proven misbehaviour or incapacity by a cases that can be directly considered by the Supreme
majority of not less than two-thirds of the members. Court without going to the lower courts.
In 1991, the first-ever motion to remove a Supreme The Supreme Court hears directly any dispute :
Court justice was signed by 108 members of —
between the Government of India and one or more
Parliament. But the impeachment motion against states.
justice V. Ramaswami could not get the support of —
between the Government of India and any state
one-half of the total strength of the House. or states on one side and one or more states on
In 2011, Saumitra Sen was charged for corruption, but the other or
he resigned from the office before the motion was —
between two or more states.
processed in the Parliament. The treaties concluded between the centre and the
princely states are excluded from the court’s original
Rule of Plead and Vacancy jurisdiction.
No person who has held office as a judge of the
In this capacity, the Supreme Court not just settles
Supreme Court cannot plead or act in any court or
disputes but also interprets the powers of Union and
before any authority, within the territory of India.
state government as laid down in the Constitution.
If the office of Chief Justice of India is vacant or he is
unable to perform his duties, the same shall be Appellate Jurisdiction
performed by one of the other judges as the President It is the power of the Supreme Court to review
may appoint for the purpose. decisions and change outcomes of decisions of Lower
Courts.
Retired Judge
The appellate jurisdiction of the Supreme Court can
The Chief Justice of India with consent of the President,
be invoked by a certificate granted by the High Court
may request any retired judge of the Supreme Court or
concerned under Article 132(1), 133(1) or 134. This
High Court (who is qualified to be appointed a judge of
is done in respect of any judgement, decree or final
78 NCERT Notes INDIAN POLITY & GOVERNANCE

order of a High Court in both civil and criminal cases, There are five types of writs issued by Supreme Court
involving substantial questions of law as to the namely, Habeas Corpus, Mandamus, Prohibition, Quo
interpretation of the Constitution. Warranto and Certiorari for enforcement of
The appellate jurisdiction of the Supreme Court is Fundamental Rights of citizens.
given in Article 132, 133 and 134, for Constitutional, This comes under the original jurisdiction of the
Civil and Criminal cases respectively. Supreme Court, but it is not exclusive. High Courts
under Article 226 also enjoy the right to issue writs to
Constitutional Cases
protect the Fundamental Rights and for other purposes.
The Supreme Court hears the Constitutional cases
when High Court validates. Landmark Judgement of Supreme Court
Sometimes, Constitutional cases are heard when
Case Description
Supreme Court validates to any person that the case
needs assessment. Golaknath Case, 1967 The Supreme Court while reversing the
ruling made in Shankari Prasad and
Criminal Cases Sajjan Singh case held that Constitutional
Amendment cannot be extended to
It deals with conduct or acts that the law defines as infringement of Fundamental Rights.
offences. For example, theft, harassing a woman to Keshvananda Bharati For the first time, the Supreme Court
bring more dowry, murder etc. Case, 1973 propounded the Basic Structure
Criminal case usually begins with the lodging of an Doctrine. The Apex Court held that
First Information Report (FIR) with the police who certain basic features of the Constitution
cannot be amended while others can be
investigate the crime after which a case is filed in the done, so without having a sweeping
court. In such cases, if found guilty, the accused can change in the Constitution. The
be sent to jail and also fined. Constitution of India do not define basic
structure.
Civil Cases Minerva Mills Case,
1980 The Supreme Court held that
It deals with any harm or injury to rights of individuals. Fundamental Rights and Directive
For example, disputes relating to sale of land, Principles of State Policy are
purchase of goods, rent matters, divorce cases etc. complementary to each other and any
law enacted to implement the Directive
In civil cases, a petition has to be filed before the Principles not totally contravening the
relevant court by the affected party only. In a rent Fundamental Rights is valid.
matter, either the landlord or tenant can file a case. SR Bommai Case, 1995 The Supreme Court held that Federalism
is a part of Basic Structure and State
In such cases, the court gives the specific relief asked Governments cannot be arbitrarily
for. For instance, in a case between a landlord and a dismissed by a Governor. Any such test
tenant, the court can order the flat to be vacated and of confidence of the Executive must be
pending rent to be paid. done on the floor of the assembly.

Advisory Jurisdiction Other Powers of a Supreme Court

The Supreme Court of India possesses advisory Review of Judgements The Supreme Court is
jurisdiction also under Article 143. empowered to review any judgement pronounced
This means that the President of India can refer any by it.
matter that is of public importance or that which Enforcement of Supreme Courts Orders and Decrees
involves interpretation of Constitution to Supreme
The decision of the Supreme Court are binding on all
Court for advice.
the courts in India. All the civil and judicial
The Supreme Court is not bound to give advice on authorities are required to assist and add the court in
such matters and the President is not bound to accept the execution of its orders.
such an advice.
Guardian of the Constitution The principal function
Writ Jurisdiction of the Supreme Court is to act as the guardian of the
Constitution, particularly relating to the Fundamental
Article 32 imposes duty on the Supreme Court to
Rights guaranteed to the citizens.
enforce the Fundamental Rights. Writ is a formal
written order issued by a body with judicial powers. Court of Record The judgements of the Supreme
As Supreme Court is defender of Fundamental Rights Court are recorded and considered authoritative and
of Indian citizens, it is vested with writ powers. serves as cases, laws and precedents.
 NCERT Notes INDIAN POLITY & GOVERNANCE 79

Contempt of Court The Supreme Court can start

Composition and Appointment of Judges
contempt proceedings against anyone who indulges
in malicious propaganda against the judges or tries to The high court consists of a Chief Justice and such
influence the judges. other judges as the President may from time to time
deem it necessary to appoint.
Judicial Activism and The Chief Justice is appointed by the President on
consultation with the Chief Justice of India and the
Public Interest Governor of the concerned state.
Litigation In appointing other judges the President, besides
The chief instrument through which judicial consulting the Chief Justice of India and the Governor
activism has flourished in India to Public Interest of that state, also consults the Chief Justice of the high
Litigation (PIL) or Social Action Litigation (SAL). court.
In 1979, the court set the trend when it decided to
Qualification of Judge
hear a case where the case was filed not by the
aggrieved persons but by the others on their behalf. For the appointment as a judge of a high court, a person:
This opened the gates for large number of cases should be a citizen of India
where public spirited citizens and voluntary should have hold a judicial office at least for ten years
organisations sought judicial intervention. has been an advocate of a high court in any state for
Those interventions were for the protection of atleast ten years
existing rights, betterment of life conditions of the
poor, protection of environment and many other
Salaries and Privileges of Judge
issues in the interest of the public. The judges of a high court are paid such salaries, as are
determined by Parliament by Law.
Some Early PILs They are also entitled to such privileges and
The seeds of the concept of Public Interest allowances and to such rights in respect of leave of
Litigation were initially sown in India by Justice absence and pension as are determined by Parliament
Krishan Iyer, in 1976 in Mumbai Kanagar Sabha v/s from time to time.
Abdul Thai. Parliament cannot make any change, after their
In 1979, the Hussainara Khatoon vs. Bihar case appointment, in the salaries, allowances, privileges,
became famous as one of the early Public Interest leave of absence and pension etc adversely affecting
Litigation (PILs). them except in case of financial emergency.
In 1980, the Sunil Batra vs. Delhi Administration
Tenure of Judge
also become one of the pioneers of Public Interest
Litigation. Every judge of a high court including the Chief Justice
holds office until he attains the age of 62 years.
Who Can File a PIL He can resign from his post any time by submitting his
Any citizen can file a public case by filing a petition : resignation letter to the President.
Under Article 32 of the Indian Constitution, in the He can also be removed from his office in the same
Supreme Court. manner as the judges of the Supreme Court.
Under Article 226 of the Indian Constitution, in the No person who has hold an office as a Permanent Judge
High Court. of a high court can practice in that high court.
Under Section 133 of the Criminal Procedure Code in However, he can practice in the Supreme Court or in
the court of Magistrate. any other high court.

Appointment of Acting Chief Justice

High Courts As per Article 223, the President can appoint a Judge of
Article 214 to 231 in Part VI of the Constitution a High Court as an acting Chief Justice of the High Court
deals with the organisation, independence, in the following cases :
jurisdiction, powers, procedures of the high court. When the office of Chief Justice of the High Court is
The institution of high court originated in India in vacant or, when the Chief Justice of the High Court is
temporarily absent or,
1862 with three high courts were set up at Calcutta,
Bombay and Madras. Currently, India has total 25 When the Chief Justice of the High Court is unable to
High Courts established in different states of the perform the duties of his office.
country.
80 NCERT Notes INDIAN POLITY & GOVERNANCE

Appointment of Retired Judges Supervisory Jurisdiction

The Chief Justice of a High Court of any state, with High court has the power of superintendence over
the consent of the President, can request any all courts and tribunals within its territorial
person to sit and act as a Judge of the High Court for that jurisdiction except military courts or tribunals.
state who already has held the office of a judge.
It also has power to transfer the cases from
Every such person is entitled to such allowances as the other subordinate courts in the state to itself
President may by order determine. Also, he shall have all (Article 227).
the jurisdiction, powers and privileges of Removal of
Judges. Judicial Review
High Court examines the constitutionality of
Removal of Judges legislative enactments and executive orders of both
A Judge of the High Court can hold office till the age of the Central and State Governments. This is known
62 years. But he may also resign or may be removed by as Power of Judicial Review.
the President in the cases provided below
If they are found violative of the Constitution (ultra-
A Judge may, by writing under his hand addressed to the vires), they can be declared as illegal,
President, resigns from his office. unconstitutional and invalid (null and void) by the
A Judge may be removed from his office by the President High Court. thus, they can’t be enforced by the
in the manner provided in Clause (4) of Article 124, for government. The constitutional validity can be
the removal of a Judge of the Supreme Court. challenged in the High Court on following three
The office of a Judge shall be vacated by his being grounds :
appointed by the President to be a Judge of the Supreme 1. It infringes the Fundamental Rights.
Court or by his being transferred by the President to any 2. It is repugnant to the constitutional provisions.
other High Court within the Territory of India. 3. It is outside the Competence of the authority
The manner of removal of a Judge of a High Court is which has framed it.
same as the Supreme Court Judge. Till now two
unsuccessful attempts have been made to remove a
Writ Jurisdiction
Judge. First time, it was against Justice V Ramaswami As per Article 226 of the Constitution, the High
in 1991 and second time against Justice Saumitra Sen Courts are given powers of issuing writs not only
in 2011. for the enforcement of the Fundamental Rights of
the people, but also for other purposes.
Jurisdiction of a High Court High Courts can issue all kinds of writs as issued by
Jurisdiction of a High Court are discussed as follows : the Supreme Court i.e. Habeas Corpus, Certiorari,
Mandamus, Prohibition and Quo Warranto. While
Original Jurisdiction issuing writs, the High Courts are not bound by
Every high court has original jurisdiction in regard to their territorial jurisdiction, but the cause of their
admiralty, will, divorce, marriage, company, contempt of action should belong to their territory/state.
court and certain revenue cases.
Every High Court is empowered to issue directions, Transfer of Certain
orders or writs, particularly the writs of Habeas Cases to the High
Corpus, Mandamus, Prohibition, Certiorari and Quo Court
Warranto for the enforcement of any of the Fundamental If a high court feels that a case is pending in a
Rights. subordinate court involves a substantial question of
law, it may withdraw the case and may either
Appellate Jurisdiction dispose off the case itself.
It hears appeals against the judgements of subordinate
It can also determine the said question of law and
courts. In criminal cases, if a sessions judge awards
return the case to the court from which it was
death sentence, an appeal lies to the high court.
withdrawn for final decision.
In civil cases, appeallate jurisdiction extends to all such
cases which involve an amount exceeding ₹ 5,00,000/. Court of Record
It also hears cases relating to patent and designs, It involves recording the judgements, proceedings
succession, land acquisition, insolvency and and acts of high courts for perpetual memory.
guardianship. These records cannot be further questioned in
any court. It has the power to punish for contempt
of itself.
 NCERT Notes INDIAN POLITY & GOVERNANCE 81

Power of Judicial Review

This power of high court includes the power to examine the constitutionality of legislative and executive orders of
both Central and State government.

List of High Court Benches of India

Court Name Established Jurisdiction Seat Benches
Kolkata High Court 2nd July, 1862 West Bengal, Andaman and Kolkata Port Blair
Nicobar Islands

Mumbai High Court 14th August, 1862 Maharashtra, Goa, Dadra and Nagar Mumbai Aurangabad, Nagpur,
Haveli, Mumbai, Daman and Diu Panaji

Chennai High Court 15th August, 1862 Tamil Nadu, Puducherry Chennai Madurai
Allahabad High Court 11th June, 1866 Uttar Pradesh Allahabad Lucknow
Karnataka High Court 1884 Karnataka Bengaluru Dharwad, Gulbarga
Patna High Court 2nd September, 1916 Bihar Patna –
Jammu and Kashmir High Court 28th August, 1928 Jammu and Kashmir Srinagar/Jammu –
Punjab and Haryana High Court 8th November, 1947 Punjab, Haryana, Chandigarh Chandigarh –
Guwahati High Court 1st March, 1948 Arunachal Pradesh, Assam, Nagaland,Guwahati Aizwal, Itanagar,
Mizoram Kohima

Orissa High Court 3rd April, 1948 Odisha Cuttack –

Rajasthan High Court 21st June, 1949 Rajasthan Jodhpur Jaipur
Telangana High Court 1st January, 2019 Telangana Hyderabad –
Kerala High Court 1st November,1956 Kerala, Lakshadweep Kochi –
Madhya Pradesh High Court 2nd January, 1956 Madhya Pradesh Jabalpur Gwalior, Indore
Gujarat High Court 1st May, 1960 Gujarat Ahmedabad –
Delhi High Court 31st October, 1966 National Capital Territory of Delhi New Delhi –
Himachal Pradesh High Court 25th January,1971 Himachal Pradesh Shimla –
Sikkim High Court 16th May, 1975 Sikkim Gangtok –
Chhattisgarh High Court 11th January, 2000 Chhattisgarh Bilaspur –
Uttarakhand High Court 9th November, 2000 Uttarakhand Nainital –
Jharkhand High Court 15th November, 2000 Jharkhand Ranchi –
Manipur High Court 25th March, 2013 Manipur Imphal –
Meghalaya High Court 25th March, 2013 Meghalaya Shillong –
Tripura High Court 26th March, 2013 Tripura Agartala –
Andhra Pradesh High Court 1st January, 2019 Andhra Pradesh Amravati –

Subordinate Courts
Subordinate courts work below the high courts in state. Articles 233 to 237 in Part VI of our Constitution make
various provisions to regulate the organisation of Subordinate courts and to ensure their independence from the
Executive.

Appointment of District Judges

The appointment, posting and promotion of a District Judge is done under the Governor of the state in consultation
with the high court. The necessary qualifications for a person to be appointed as a District Judge are as follows :
Article 233 strictly says that a person must not be in the service of the Central or the State Government.
 82 NCERT Notes INDIAN POLITY & GOVERNANCE

He should have been an advocate or a pleader for

Mobile Courts
7 years.
Mobile court means a court set-up in a vehicle, which
He should be recommended by the high court for can move from one place to another, according to a
appointment. well-prepared plan and schedule.
Recruitment of Persons other than Mobile courts will be of great relief to the rural
District Judges to the Judicial people. It would create greater awareness about the
judicial system among the rural masses, cut costs for
Service them and render justice at their doorstep.
As per Article 234, appointment of persons other than
These courts should see that hearings are not
District Judges to the judicial service of a state shall be
unnecessarily postponed.
made by the Governor of the state.
The mobile court is equipped to receive complaints,
It shall be in accordance with rules made by him
civil and criminal applications, for the following :
in that behalf after consultation with the State Public
Service Commission and with the high court
—
To grant bail and remand accused to custody,
exercising jurisdiction in relation to such state.
—
To issue summons, receive police reports, record
evidence,
Control over Subordinate Courts —
To pronounce and execute decrees and judgements,
The District Judge of High Court has control over —
To pass sentences and can send convicts to prison.
district courts and other subordinate courts. This —
It also delivers certified copies of its orders and
control involves all the matters including the posting, judgements.
promotion grant of leave etc.
Family Courts
Others Types of Courts The family courts can be set by the State Government
The other types of courts are : under the Family Courts Act, 1984, in cities/towns
with a population of more than 10 lakh.
Civil Courts The main objective of these courts is to promote
A civil court is the highest court in a district and conciliation and to secure speedy settlement of
hear appeal brought from lower courts. It is headed disputes relating to marriage and family affairs.
by the District judge and tries civil cases.
The Parliamentary committee on empowerment of
The Deputy Commissioner of the district, apart from women recommended that all the State/UT
exercising administrative and revenue power, also Government be asked to set up one family court in
functions as the District Magistrate or District Judge. each district of the country.
Criminal Courts Lok Adalat
Criminal court of the district, the highest court in the It is a system of alternative dispute resolution
district for hearing criminal cases, is headed by a developed in India. It roughly means People’s court. It
session Judge. Cases of murder, dacoity and other is based on the principles of the Panch Parmeshwar of
serious crimes are heard by the sessions courts. Gram Panchayat, which were also proposed by
The judge can go to the extent of awarding capital Mahatma Gandhi.
punishment in such cases. However, his decisions are The idea of it was mainly advocated by former Chief
subject to the approval of the high courts. Justice of India Justice P N Bhagwati.
Revenue Courts They are governed by Legal Services Authorities Act
Cases involving the assessment and collection of land of 1987. The Award of the Lok Adalat is binding upon
revenue as well as property tax are dealt by the all the parties. Lok adalats are given the powers of the
revenue courts. They work directly under the high Civil Courts. The Lok Adalats have wide jurisdiction
courts. that means any matter falling within the jurisdiction
of civil, criminal, revenue courts or tribunals are dealt
These courts are divided into following five categories:
by them.
—
Board of Revenue
Lok Adalat accepts the cases, which could be
—
Court of the Commissioner of Revenue settled by conciliation and in which, compromise
—
Court of the Collector was pending in the regular courts within their
—
Court of the Tehsildar and jurisdiction.
—
Court of Naib Tehsildar
NCERT Notes INDIAN POLITY & GOVERNANCE 83

The Lok Adalat is presided over by a sitting or —

The Gram Nyayalaya shall not be bound by the rules of
Retired Judicial Officer or an other person of evidence provided in the Evidence Act, 1872 but shall be
respect and legal knowledge as the Chairman, with guided by the principles of natural justice and subject to
two other members, usually a lawyer and a social any rule made by the high court.
worker. The first Lok Adalat was held on 14th
March, 1982 in Gujarat.
National Legal Services Authority
Gram Nyayalaya (NALSA)
The Central Government has decided that the ■
Article 39A (Added by 42nd Amendment) provides for free
provisions of the Gram Nyayalaya Act, 2008 shall legal aid to the poor and weaker sections of the society.
come into force from 2nd October, 2009. ■
The Legal Services Authorities Act, 1987 was passed and
amended in 1994/2002. It seeks to establish a nation-wide
It is meant to provide for the establishment of the
network for providing free and comprehensive legal
Gram Nyayalayas at the grass roots level for the services to the weaker sections of the society.
purpose of providing access to justice to the ■
The Act also provides for the composition of the Supreme
citizens at their door steps. Court legal service committees, the High Court Legal
The provisions are Service Committees, State Legal Service Committees, the
—
It aims at providing inexpensive justice to people District Legal Service committees and the Taluka Legal
Service Committees for providing free legal aid to the
in rural areas at doorsteps.
eligible persons.
—
It shall be court of Judicial Magistrate of the first ■
NALSA not only monitors and evaluates the
class and its presiding officer (Nyayadhikari) implementation of the legal aid schemes and programmes
shall be appointed by the state Government in but also takes necessary steps for :
consultation with the high court. —Promoting legal itinerancy.
—
The Gram Nyayalaya shall try criminal cases, —Setting up of legal aid clinics in universities and law
civil suits, disputes and try to settle the disputes colleges.
by bringing about conciliation. —Training of para-legal personnel and holding legal aid
camps and the Lok Adalats/Permanent Lok Adalat.
CHAPTER
84 14 NCERT Notes INDI AN POLITY & GOVER NANCE

Federalism and
Centre-State Relations

Sources Class-X New NCERT Chap 1 (Power-sharing, Chap 2 Federalism), Class-XI New NCERT Chap 7 (Federalism)
Class-XI Old NCERT Chap 3 (Indian Constitution : Preamble, Features and Indian Union)

Federalism —
The State list comprises 61 subjects wherein the
states have exclusive jurisdiction.
A federal state is that state which is brought into being —
The Concurrent list has 52 subjects wherein both
through a contractual union of sovereign state.
the Union and states have jurisdiction but in case of
Federalism is an institutional mechanism to conflict between the two, law of the union prevails.
accommodate two sets of polities - one at the regional
Written Constitution The source of power of both the
level and the other at the national level. Each
Governments, Union and states is the written
government is autonomous in its own sphere.
Constitution enacted by the Constituent Assembly.
Federalism in India Rigidity of the Constitution The procedure of
amending the Constitution regarding the federal
Part XI and XII of the Indian Constitution define the
principle is rigid. It requires not only the absolute
power distribution between the Federal Government
majority of the members of the two Houses of
(the centre) and the states in India. These parts are
Parliament and two-thirds majority of the members
divided between Legislative, Administrative and
present and voting but also endorsement of the
Financial powers. Indian Federalism is a cooperative
legislatures of at least half the states.
federalism.
Supremacy of the Constitution The Constitution is
The Government of India Act 1935, for the first time,
supreme. All the authorities of the Union and states
provided for a federal form of Government in India.
such as Legislature, Executive and Judiciary, get their
But this form of government could not come into
powers from the Constitution and are subordinate to it.
existence at that time.
Impartial Judiciary The Constitution provides for a
According to Article 1, India will be a Union of states.
Supreme Court which is the highest authority in India
According to Article 2, states and their areas will be regarding the interpretation of the Constitution.
those mentioned in first list of the Constitution.

Federal Features of Indian Centre-State Relations

Constitution It is generally accepted that the Indian Constitution has
created a strong Central Government. The framers of the
The federal features of the Indian Constitution are : Constitution wanted to create a strong centre to stem
Division of Power There is a clear division of power disintegration and bring about social and political
between the Union and states. Seventh schedule of change. The concern for unity and development
the Constitution provides for three lists : prompted the makers of the Constitution to create a
— The Union list comprises 100 subjects wherein the strong Central Government.
Union government has exclusive jurisdiction.
NCERT Notes INDIAN POLITY & GOVERNANCE
85

Legislative Relations It would be competent for Parliament to

The existence of a state and its territorial integrity is in the make law for the states with respect to that
hands of Parliament. The Parliament is empowered to ‘form a matter to be operative for such period, not
new state by separation of territory from any state or by uniting exceeding one year.
two or more states. It can also alter the boundary of any state The operation of such legislation can be
or even its name. The Constitution provide for some safeguards extended for an additional period of one
by way of securing the view of the concerned state legislature. year at a time by resolution of Rajya Sabha
The seventh schedule has provided the distribution of powers passed in the same manner as the first
and responsibilities between the Centre and the states. resolution.
The Union list contained 97 subjects is now at 100 subjects, the The Constitution clearly states that executive
State list contained 66 subjects is now at 61 subjects and powers of the centre are superior to the
Concurrent list is now increased to 52 subjects from 47. executive powers of the states.
Constitution of India Laws passed by the state legislature on a
subject on the state list, may be reserved for
the consideration of the President by the
Governor.
Union List State List Concurrent List
The Union List Only the State In this list, both the Some of the subjects of state lists are
consists of a range Legislature has Centre and the state specifically reserved. Some of them cannot
of subjects in which the power to make have power to make be even introduced or moved in the state
only the Parliament of laws. laws.
legislature without the previous sanction of
India has power to Education Criminal Law
enact law. and Criminal the President.
Forest
Defence sector Weights Procedure
Arms/Firearms/Explosiv and Banking and Financial Relations
e Atomic Energy Measureme Insolvency
The Central Government has every effective
War and nt Prevention of
Cruelty financial powers and responsibilities.
Peace Administratio
Citizenship n of Justice Civil Procedure, In the first place, items generating revenue
Railways/shippin Wildlife including all matters are under the control of the Central
Included in the Code
g/ Inland Protection
of Civil Procedure.
Government.
Waterways Agriculture
Post
Economic and The Central Government has many revenue
Police/Railway Social Planning
Telegraph Police Public sources and the states are mostly
Control of
Inter-State Health and Price Trade dependent on the grants and financial
trade and Sanitation assistance from the Centre.
Residual List The President of India also appoints
The subjects which are not included in any of the three lists,
the Finance commission of India,
comes under the residual list. Article 248 of the Constitution
has given power to only Parliament to enact laws. which recommends allocation of such
Subject such as space technology cyber laws, etc comes grants.
under the residual list.

Distribution of Powers Goods and Services Tax Council

The distribution of powers heavily tilts in favour of the Union. The 101st Amendment Act of 2016 provided for
the establishment of a Goods and Services Tax
The Union list comprises the largest number of items.
Council (GST Council). It is established under
In the concurrent list, also the centre supersedes the powers of the Article 279 A of the Constitution. The
the states. The centre dominates in about two-thirds of the total council’s objective is to make recommendation
number of subjects of the three lists together. to the Union and State governments on issues
Sometimes, a situation may demand that the Central related to GST.
government needs to legislate on matters from the state list. Composition
This happens if the Upper House of Parliament passes a Chairperson – The Union Finance Minister
resolution supported by not less than two-thirds of the Members of state in charge
members present and voting, then it is necessary in the national ■
The Union Finance Minister of Finance.
interest that Parliament should make a law with respect to any ■
The State Finance Minister or any other
matter enumerated in the state list. minister nominated by the Government.
 NCERT Notes INDIAN POLITY & GOVERNANCE
86

Role of Finance Commission Emergency Relations

It shall be the duty of the Finance Commission of India to
During a period of Emergency (declared under
make recommendations to the President as to :
Article 352 of the Constitution), the Union
The distribution between the Union and the States of Parliament can make laws in relation to matters in the
the net proceeds of taxes which are to be or may be, State list.
divided between them under this chapter and the
allocation between the states of the respective shares In case of failure of Constitutional machinery in a
of such proceeds. The principles which should govern state (under Article 356 of the Constitution) the
the grants-in-aid of the revenues of the states out of President can assume all the functions of the
the Consolidated Fund of India. Government of the State, including the powers of the
high court. He can also authorise the Parliament to
The measures needed to augment the Consolidated
exercise the powers of the state legislature.
Fund of a state to supplement the resources of the
Panchayats in the state on the basis of the In case of Financial Emergency (declared under
recommendations made by the Finance Commission Article 360 of the Constitution), President can issue
of the state. necessary directions, including orders for the
reduction of salaries and allowance of public servants
Administrative Relations belonging to the union and the states.
Governors of the states are appointed by President and All money bills, passed by the state legislature during
they hold their office during his pleasure and to the such an emergency, are also subject to the control of
extent they exercise their powers in their discretion, the union.
are answerable to him.
The Sarkaria Commission that was appointed by the Commissions/Committees on Centre-State Relations
Central Government in 1983 (submitted its report in Commission/ Year Related Facts
Committee
1988) to examine the issues relating to centre-state
relations, recommended that appointment of Administrative 1966 It was set up under the Chairmanship of
◆

Governors should be strictly non-partisan. Reform Morarji Desai.

Commission
The Governor has the power to recommend the In
◆
order to examine thoroughly the
(ARC) various issues in Centre-State
dismissal of the State Government and suspension or
relations,
dissolution of state assembly. the ARC constituted a study team under
Under Article 356, President’s rule can be imposed in MC Setalvad.
any state if President is assured that ‘a situation has It made 22 recommendations; one of
◆

among them was establishment of an

arisen in which the Government of the state cannot be Inter-state Council under Article-263.
carried on in accordance with the provisions of this
Constitution’. Rajamannar 1969 Set up by DMK government in Tamil
◆

Committee Nadu.
The President's proclamation has to be ratified by Every bill which affects interacts of the
◆

Parliament. The President’s rule can be extended till states should first to go Inter-State
three years. Council.
Through Law and Order is a state subject, the centre Anandpur 1973 Centre’s jurisdiction should be
◆

deploys Central Reserve Police in states, whenever, it Sahib restricted only in defence, foreign affairs
deems necessary, without the concurrence of states. Resolution and Communication only.
Articles 33 and 34 authorise the Parliament to protect West Bengal 1977 The Communist government in West
◆

persons in the service of the Union or a State in Memorandum Bengal Published and Memorandum in
respect of any action taken by them during martial law 1977. Repealed Article 356, 357 and 360.
to maintain or restore order. This provision further Sarkaria 1983 Justice RS Sarkaria Commission had
◆

strengthens the powers of the Union Government. The Commission presented its report to then Prime
Armed forces Special Powers Act, has been made on Minister Rajiv Gandhi.
the basis of these provisions positions. Prepared to set up a permanent
◆

inter-state council called as

The personnel of All India Services, through assigned Inter-Governmental Council.
to a particular state, are called on deputation by the
Union Government for a fined period. MM Punchhi 2007 The powers of Union should be
◆

Commission regulated and states should get greater

In India, there is unified judicial system where the particle.
Supreme Court of India is the highest court of appeal, For removal of Governor, the doctrine of
◆

both in the union and the states subjects. pleasure must end.
 INDIAN POLITY & GOVERNANCE
NCERT Notes
CHAPTER 15 87

Emergency Provisions

Sources Class-X Old NCERT Chap 6 (Central Government), Class-XI Old NCERT Chap 5 (Central Government),
Class-XII New NCERT Chap 6 (The Crises of Democratic Order)

Constitutional Process and Duration

Provisions for For ensuring that a proclamation has been made only
after due consideration, it is essential that the decision
Emergency of the Union Cabinet recommending such a
The provision of emergency in the Indian Constitution proclamation is given in writing to the President.
is taken from Weimar Constitution of Germany. Every such proclamation must be laid before each
House of Parliament and receive approval of both the
Articles 352 to 360 of Part XVIII of the Constitution
Houses within 30 days.
deal with the emergency provisions. These provisions
safeguards the sovereignty, unity, integrity and If such a proclamation has been issued at a time when
security of the country. Lok Sabha stands dissolved; it shall remain in force if
approved by the Rajya Sabha within 30 days.
Dr BR Ambedkar once asserted that Indian Federal
System is quite unique and unlike any other The newly constituted Lok Sabha must approve it
federation in the world in times of emergency, it can (within 30 days of its first sitting). It shall remain in
turn itself into an unitary state. force till six months (from the day when such a
resolution was passed by the Lok Sabha).
The Drafting Committee was aware of the fact that in
future such situations might arise, in which the The resolution of the approval of each House should
normal scheme of division of powers among various be passed by absolute majority of the total number of
organs might not work. its members and by two-thirds majority of the
members present and voting.
To counter such exigencies, Emergency Provisions
were added. There are three types of emergencies A resolution approving the continuance in force of
envisaged in our Constitution. such a proclamation is passed by both the Houses of
Parliament, the proclamation shall unless revoked,
1. National Emergency, proclaimed on the ground
continue in force for a further period of six months
of war, external aggression or armed rebellion
from the date on which it would.
(Article 352).
2. Emergency on the ground of the failure of Effects of
Constitutional Machinery or President’s rule or Proclamation of
State Emergency (Article 355, 356 and 365). Emergency (Article
3. Financial Emergency (Article 360). 353)
The Constitution empowers the Union to extend its
1. National Emergency executive power during emergency to give directions
When the President feels satisfied that the security of to the states. Generally, the President is empowered
India or any part thereof is threatened or there is an to give direction to the state, but only in certain
imminent danger of such a threat by war or external matters like protection of railways, maintenance of
aggression or by armed rebellion, he can proclaim an means of communication, etc. During emergency, this
emergency under Article 352. power is extended to all administrative matters.
 NCERT Notes INDIAN POLITY & GOVERNANCE
88

In legislative matters, the Parliament becomes

empowered to legislate on the matters enumerated 2. President’s Rule/State Emergency
in State List (Article 250). Though, during Article 355 states that it shall be the duty of the union
emergency the State Legislature is not suspended to protect every state against external aggression and
but, the normal distribution of powers between internal disturbance.
Centre and State takes a back seat during such time. Article 356 states that on receiving a report from the
During emergency, the life of Lok Sabha and State Governor of a state or otherwise, the President may
Legislative Assemblies can also be extended. But, this proclaim emergency.
extension has to be 1 year at a time (for any length Article 365 says that whenever a state fails to comply
of time) but should not exceed beyond a period of with or to give effect to any direction from the centre,
6 months, when emergency has ceased to be in it will be lawful for the President to hold that a
operation. situation has arisen, in which Government of the state
In financial matters also, emergency has some effect. cannot be carried on in accordance with the
During emergency, President may modify the Constitution, the President may declare emergency.
provisions of the Constitution relating to the Under such circumstances, he may assume all or any
distribution of the financial resources between the of the executive powers of the state.
Centre and the states. Any such order of the President He may declare that the legislative authority of the
should be approved by the Parliament within a period state shall be exercised by or under the authority of
of two months. Parliament.
Suspension of Fundamental Rights He may suspended operation of any provision of the
Article 358 states that when emergency is proclaimed Constitution relating to any authority in the state
on the ground of a war or an external aggression, excluding that of a high court.
the six Fundamental Rights enumerated under Process and Duration of Proclamation
Article 19 are automatically suspended. That means
state is free from the limitation imposed by Every such proclamation must be laid before each
Article 19. House of Parliament and receive approval of both the
Houses within two months.
Even, during this time, the citizens cannot move to
court for enforcement of their Fundamental Rights. If such a proclamation has been issued at a time when
As per Article 359, President can suspend any other Lok Sabha stands dissolved, it shall remain in force, if
Fundamental Right (except Article 20 and 21), when approved by Rajya Sabha, within two months, till one
an emergency is declared on the grounds of war or an month after the first sitting of the newly constituted
external aggression. Lok Sabha.
National Emergency has been announced three times If the new Lok Sabha also approves it (within) it shall
so far. It was announced first time in October 1962 on remain in force till six months.
account of Chinese aggression in the NEFA It may pass the resolution approving its continuance
(North–East Frontier Agency–now Arunachal for another six months. Such a proclamation shall in
Pradesh) and lasted till 1968. no case remain in force for more than three years.
The second proclamation of National Emergency was The Parliament is not allowed to pass any such
made in December 1971 in the wake of attack by resolution extending a proclamation beyond a period
Pakistan and third–one in June 1975. The first two of one year unless :
emergencies were on the ground of external —
A proclamation of emergency (Article 352) is in
aggression and the third one was due to internal operation at the time of passing such a
disturbance. resolution.
The Union also has to ensure that the Government of —
The Election Commission certifies that on account of
every State is carried on in accordance with the difficulties in holding general election to the
Constitution. President’s rule is actually ruled by the Legislative Assembly of the state concerned,
Union Government. continuance of the proclamation (regarding failure of
constitutional machinery) is necessary.
 NCERT Notes INDIAN POLITY & GOVERNANCE
89

Effects of President’s Rule The President may issue directions for the
The President may, by proclamation, assume to himself reduction of salaries and allowances of all or any
all or any of the functions of the Government of the class of persons serving the state including the
State and all or any of the powers vested in or Judges of the Supreme Court and High Courts.
exercisable by the Governor or any body or authority in
the state other than the State Legislature. Punchhi Commission
In this situation, the powers of the State Legislature shall
be exercisable by or under the authority of Parliament.
on Emergency Provisions
Such incidental and consequential provisions appear to The Punchhi Commission strongly came out in
the President to be necessary or desirable for giving favour of amending Article 365 and 356 to enable
effect to the objects of the proclamation. the centre to bring specific trouble some areas
It includes provisions for suspending in whole or in part under its rule for a limited period.
the operation of any provisions of this Constitution To check its misuse by Centre, it has proposed
relating to any body or authority in the state. localising emergency provisions. Under both these
articles contending that localised areas either a
3.Financial Emergency district or parts of a district be brought under
If the President is satisfied that a situation has arisen Governors rule instead of the whole state and its
whereby the financial stability or credit of India or any of its duration must not be more than three months.
part is threatened, he may proclaim a financial emergency.
Articles with the Provisions of Emergency
Process and Duration of Proclamation Article Description
Every such proclamation must be laid before each House 352 Proclamation of National Emergency.
of the Parliament and receive approval of both the
Houses within two months. 353 Effects of Proclamation of Emergency.

If such a proclamation has been issued at a time when 354 Reduction of the distribution of revenue between
the Lok Sabha stands dissolved, it shall remain in force, the union and the state.
if approved by Rajya Sabha within two months, till one 355 Duty of the Union to protect states against
month after the first sitting of the newly constituted Lok external aggression and internal disturbance.
Sabha. 356 Provisions in case of failure of constitutional
If the new Lok Sabha also approves it (within 30 days of machinery in states.
its first sitting) it shall remain in force till six months 357 Exercise of Legislative Powers under
(from the day when such a resolution was passed by Lok proclamation issued.
Sabha).
358 Suspension of provisions of Article 19 during
emergency.
Effects of the Proclamation
The executive authority of the Union shall extend to 359 Suspension of the enforcement of the right
conferred by Part III.
giving directions to any state to observe such concerns of
financial propriety as may be specified in the directions. 3591 (A) Clause 1(A) inserted to limit the state to make
law or Executive to take steps for countering the
It may also include a provision requiring all Money Bills crisis.
to be reserved for the consideration after the state
legislature passes them. 360 Provisions as to financial emergency.
 NCERT Notes INDI AN POLITY & GOVER NANCE
CHAPTER
90 16

Civil Services

Sources Class-XI Old NCERT Chap 9 (Features of Bureaucracy), Class-XI New NCERT Chap 4 (Executive), Class-XI Old NCERT
Chap 8 (Public Administration : Working and Organisation), Chap 10 (Public Administration in India),

Public Civil Services In 1864, Satyendranath Tagore became the first Indian
to qualify for the Covenanted Civil Services. The
Public Civil Services are the chief instrument for British Parliament passed an Act in 1870, authorising
implementation of the will of the state and are the appointment of any Indian (of proved merit and
indispensable to the functioning of the modern state. ability) to any office or the Civil Services without
It is also known as Civil Services or Government reference to the Act of 1861, which reserved specific
Services. appointments to the covenanted service.
Later on, various committees (Aitchison Committee,
Evolution of the Civil Services in
Islington Committee, Lee Committee, etc)
India recommended for increasing the representation of
The efforts of Lord Warren Hastings and Lord Indians in Civil Services.
Cornwallis led to the rise of Civil Service in India. As provided in Government of India Act, 1919 (later
Hastings laid the foundations of Civil Service and recommended by the Lee Commission also), the
Cornwallis reformed, modernised and rationalised it. Central Public Service Commission was set-up in 1926.
Hence, Lord Cornwallis came to be known as the In 1937, this commission was replaced by Federal
Father of Civil Service in India.
Public Service Commission and this commission
The beginning of a more organised form of the Civil went on to become the Union Public Service
Services started when Lord Cornwallis in 1793, Commission on 26th January, 1950.
started Covenanted Civil Services (Higher Civil
Services) and Uncovenanted Civil Services (Lower Classification of Indian Civil Services
Civil Services) classification of services. Indians were
Part XIV of the Indian Constitution provides for
virtually disallowed to join these services and only
different types of classes of services for India.
lower posts were kept open for the Indians.
Civil Services, have been categorised into three types :
Another serious effort was made by Lord Wellesley,
who established a college at Fort William to train
—
All India Services (Common to both Centre and
Civil Servants in India for a period of 3 years before States).
assigning them any administrative duties. In 1854,
—
Central Services (for purely central subjects)
Lord Macaulay Committee recommended —
State Services (under the State administration)
for conducting exams for recruitment into the Civil
Service.
All India Services
Consequently, first ever competitive exam was held in All India Services are common to both Centre
1855 in London. Indians could not find their way into and States.
Indian Civil Services due to several hurdles like the The All India Services are trained and recruited by the
entry age was kept very low, exams were not Central Government, but they are assigned to different
conducted in India, cost of living in London was states for work.
relatively expensive.
 NCERT Notes INDIAN POLITY & GOVERNANCE
91

They serve state governments and their service

conditions are also governed by the states, except
the disciplinary actions against them can only be Articles Related to Civil Services
taken by the President of India. They also serve the (Central/State)
central government on deputation and after a fixed Public Services
tenure, they are expected to return to their Article 308 Interpretation
respective states. Article 309 Recruitment and condition of service of persons
serving the Union as State.
Central Services Article 310 Tenure of office of persons.
The Civil Services of the Union are classified into four Article 311 Dismissal, removal or reduction in rank.
categories: Article 312 All India Services
Central Services Class I (Group A) Indian Foreign Article 312 A Power of Parliament to vary or revoke conditions
Services, Indian Audit and Accounts Services, of service of officers.
Indian Statistical Service, Indian Economic Article 313 Transitional provision.
Service, Indian Railway Service, Central Health Article 314 Provision for protection of existing officers.
Service etc. Public Service Commission
Central Services Class II (Group B) Central Article 315 Public Service Commissions for the Union and
Secretariat Service, Geographical Survey of India, States.
Zoological Survey of India etc. Article 316 Appointment and Terms of office of members.
Central Services Class III (Group C) Post and Article 317 Removal and suspension of a member of Public
Telegraph Accounts Service, Central Secretariat Service Commissions.
Clerical Service etc. Article 318 Power to make regulations as to conditions of
service of members.
Central Services Class IV (Class D) Peons,
Article 319 Prohibition as to the holding of office by members
Sweepers, Gardeners etc. of the commissions.
State Civil Services Article 320 Functions of Public Service Commissions.
Article 321 Power of extend functions of Public Service
These are services exclusively under the Commissions.
jurisdiction of the State government and primarily
Article 322 Expenses of Public Service Commissions.
administer the state subjects. For the recruitment
of State services, there are laws enacted by the
State Legislature. Level of Administration
The persons for the State services are recruited in Civil Services
through a competitive examination and process is Central administration, state administration and district
very much similar to the competitive examination administration are the three levels of administration in civil
conducted by UPSC. services.
Many IAS, IPS are holding positions in
departments under State governments like Central Administration
education, police, tourism, judicial service, Article 77(1) states that all executive actions of the
medical service etc. Government of India shall be taken in the name of
Article 311 provides adequate safeguards to the President.
person appointed in Civil Services. There are two Article 77(3) states that the President shall make rules for
safeguards under it : the transaction of the business of the Government of
1. No person who is a member of an All India India.
Service or State Civil Service shall be dismissed or
The Ministries and the Departments are collectively
removed by an authority, subordinate to that, by
known as Secretariat.
which he was appointed.
The Secretariat can be divided into two categories:
2. Aforesaid person can be dismissed or removed
or reduced in rank only after an inquiry. There is
—
Central Secretariat It caters to the need of
a provision that he should be informed of the administration in general.
charges against him and given a reasonable —
Cabinet Secretariat It deals with administration
opportunity of being heard against those charges. relating to Cabinet affairs only.
 NCERT Notes INDIAN POLITY & GOVERNANCE
92

Bureaucrats in Central —
ensuring prompt and efficient disposal of work in the
Administration section
A Minister who heads the Ministry is assisted by —
adoption of proper methods to deal with the cases
career bureaucrats such as : —
timely submission of arrear statements
—
Secretary — Additional Secretaries —
other periodical returns
—
Joint Secretaries — Directors In addition to the section officer, each section consists
—
Deputy Secretaries — Under Secretaries of Assistants, Upper Division Clerks, Lower Division
—
Section Officers Clerks and Typists.
They are entrusted the work of a routine nature and
Secretary submit the relevant papers to the section officer
Secretary is the administrative head of a Ministry or referring to the pages of the file.
Department.
He is the principal adviser to the Minister on all the
Cabinet Secretary
matters of policy and administration. The head of the Cabinet Secretariat is the Cabinet
He is responsible for efficient administration. Secretary.
He represents his Ministry/Department before the Cabinet Secretary is usually the senior most civil
Public Accounts Committee of the Parliament. servant of the country and the official precedence gives
him the first place among the civil servants.
He receives weekly report from the department.
He provides eyes and ears for the Prime Minister to
Additional Secretary keep in touch with the process of official business in
The officer next in hierarchy to the secretary is the Central Government.
Deputy Secretary. Functions of Central Secretariat
Due to pressure of work on secretary, the post of
The main functions of Central Secretariat are to:
additional secretary was created.
Assist the Minister in the process of policy making.
Joint Secretary Assist in framing of legislation, rules and regulations.
This post was created for three reasons; Exercise supervision and control over the executive
Due to increase in the functions of some departments or semi-autonomous field agencies,
departments, it was difficult for one Secretary to regarding execution of policies and programmes help
handle the increased work. the minister in the discharge of his parliamentary
Difficulty in combining separate items of business duties.
under one Secretary. Help in preparing budget and controlling the
Emergency of two houses of Central Legislature expenditure incurred by the Ministry/department.
which necessitated the presence of senior officers in
both the houses to assist the members in the Constitutional Statutory Authorities
legislative work. Under Civil Services
Deputy Secretary Some prominent statutory authorities under Civil Services
are as follows :
He is an officer who acts on the behalf of the
Secretary and holds charge of a Division. Union Public Service Commission (UPSC)
He ordinarily disposes off the majority of cases The central government makes it obligatory for the central
coming to him. government to constitute a Public Service Commission to
assist it in the recruitment, promotion and maintenance of
Under Secretary
discipline amongst the Central and All India Services.
He is incharge of a branch and exercises control both
in regard to the dispatch of business and the Appointment and Term of Office
maintenance of discipline. The President appoints the Chairman and other
members of the Commission on the advice of central
Section Officers
ministry.
Superintendents who are in charge of sections are
Members of UPSC holds office for a period of six years
called section officers.
from the date he assumes office or until he attains
Their supervisory duties comprise: sixty-five years of age, whichever is earlier.
—
distribution of work among their staff
—
coordination of work in the section
NCERT Notes INDIAN POLITY & GOVERNANCE
93

Removal/Resignation of the Members of —

on suitability of candidates for such appointments,
Commission promotions and transfers.
A member of the commission may address his —
on claims for the award of a pension in respect to
resignation letter to the President. injuries sustained by a person while serving under
The President may remove the Chairman or any other the Government of India or Government of State, in
member only on the ground of: a civil capacity.
—
misbehaviour based on an enquiry conducted by —
On all disciplinary matters affecting the persons
Supreme Court on reference being made to it by the serving under the Government of India or
President, reported that the Chairman or member Government of the State.
to be removed.
Duties of the Commission
—
if he is adjudged insolvent or is engaged in any paid
employment out-side the duties of his office. It shall be the duty of the Commission to present
annually to the President a report as to the work done
—
if he is unfit to continue in office by reason of
by the Commission.
infirmity of mind or body.
President lay the report before each house of the
Joint State Public Service Commission Parliament.
(JSPSC) Finance Commission
It is a statutory body constituted under Article 315.
The Constitution provides for a Finance Commission
■

It is not a constitutional body. After the creation of

Haryana out of Punjab in 1966, the two states of Punjab
consisting of a chairman and four other members.
and Haryana had a JSPSC for a short period. Qualification to be Member of Commission
■
The President appoints the chairman as well as the
members of a JSPSC. The office is held by them for a six
The chairman is a person having experience of public
years term or until the age of 62 years is attained by affairs.
them, whichever is earlier. The four other members are selected from among the
■
The President can remove or suspend them. They can persons who are:
also submit their resignation letters to the President —
Qualified to be appointed as judges of a high court.
anytime. The President determines the number of —
Have special knowledge of the finances and
members of a JSPSC and their conditions of service.
accounts of the governments.
■
An annual performance report is presented by a Joint
State Public Service Commission to each of the
—
Have had a wide experience in financial matters and
concerned State Governors. The report is placed by the in administration.
Governor in front of the state legislature. —
Have special knowledge of economics.
■
The UPSC can also serve the needs of a state on the
State Governor’s request and with the President’s Appointment and Terms of Office
approval. The President of India appoints all of them.
■
As provided by the Government of India Act of 1919, a Every member of the commission holds office for such
Central Public Service Commission was set up in 1926
a period as is specified in the order of the President
and entrusted with the task of recruiting civil servants.
appointing him.
■
The Government of India Act of 1935, provided for the
establishment of not only a Federal Public Service Every member of the commission is eligible for
Commission but also a Provincial Public Service reappointment.
Commission and Joint Public Service Commission for The members of the commission render whole-time or
two or more provinces. part-time service to the commission, as the
Functions of the Commission President in each case specifies.
To conduct examinations for appointment to the Functions of the Commission
services of the Union Government. To recommend to the President as to:
The commission shall be consulted on all matters: The distribution and allocation of the net proceeds of
—
relating to the methods of the recruitment to taxes.
civil services and for civil posts. The principles which should govern the grant-in-aids
—
on the principles to be followed in making of the revenues out of the Consolidated Fund of India.
appointments to civil services and posts and in Any matter referred to the commission by the
making promotions and transfers from one service to President in the interests of sound finances.
another.
 NCERT Notes INDIAN POLITY & GOVERNANCE
94

Attorney General of India Secretariat Departments are ordinarily headed by a

The President appoints a person who is qualified to be a Secretary who is a generalist.
judge of the Supreme Court as Attorney General of Executive Departments are ordinarily headed by
India. Director who is a specialist.
Powers and Functions of Auditor General Secretariat Departments
He gives advice to the Government of India upon Secretariat department assists the minister in:
such legal matters. —
Process of policy making
He performs such other duties of a legal character as —
In framing of legislation, rules and regulations
may from time to time be referred or assigned to him —
Supervising and controlling the executive department
by President.
—
Helps minister in discharge of his responsibilities as
He discharges the functions conferred upon him by
well as in preparing the budget.
or under the Constitution.
The official hierarchy in secretariat department
He has a right to audience in all courts in the
consists of:
territory of India.
—
Secretary — Deputy Secretary
He also has a right to speak in and otherwise to take
part in the proceedings of:
—
Under Secretary — Assistant Secretary
—
Lok Sabha or Rajya Sabha
—
Special Secretary — Additional Secretary
—
Joint sitting of the houses
—
Joint Secretary — Chief Secretary
—
Any parliamentary committee Chief Secretary
He is eligible to take part in proceedings of The states have one or more officer called Chief
above-mentioned institutions but is not entitled to Secretary.
vote upon matters being discussed. The Chief Secretary is administrative head of the State
Comptroller and Auditor General of Administration.
He controls and supervises the Cabinet Secretariat
India
department. He is appointed by the Chief Minister of
The Constitution of India (under article 148) the state from amongst the senior secretaries.
provides for the appointment of a Comptroller and The tenure of Chief Secretary depends upon his
Auditor General (CAG) of India by the President. administrative tact, experience, rapport with the Chief
He is not eligible for further office either under the Minister and his capacity to take an objective stand on
Government of India or under the Government of any sensitive matters.
state after his retirement.
Functions of Chief Secretary
The administrative expenses of the office of CAG,
including salaries, allowances and pensions payable He is an ex-officio secretary to the Cabinet so he
to or in respect of persons serving in that office are attends all the Cabinet meetings as well as the meetings
charged upon Consolidated Fund of India. of its sub-committees.
He arranges for the recording of the decisions taken in
Removal/Resignation of CAG the Cabinet meetings and forwards a copy of the same
He can be removed from office in the like manner and to the Governor, the Chief Minister and other members
on the like grounds as a judge of the Supreme Court. of the Council of Ministers.
Powers and Functions of CAG He acts as the main source of information and advice to
the Chief Minister.
The CAG performs such duties and exercises powers in
He supervises the follow-up action for the
relation to the:
implementation of the decisions taken at the Cabinet
Accounts of the Union and of the states or of any Meeting.
authority as may be prescribed by the Parliament. He deals with the matters relating to inter-state disputes.
The report of the CAG relating to the accounts of the He coordinates the activities of all the departments and
Union are submitted to the President, who causes to agencies of the state government.
lay them before each house of Parliament. He resolves conflicts, mitigates overlapping work
among various departments and ensures cooperation
State Administration and team-work among his colleagues.
The administrative structure of the government of a He is a major channel of communication between the
state is divided into several departments. The Centre and State government.
departments include two categories:
 NCERT Notes INDIAN POLITY & GOVERNANCE
95

State Public Service Commission Powers and Functions of the Commission

The Constitution makes it obligatory for the State It shall be the duty of the commission to conduct
Government to constitute a Public Service Commission to examinations for appointments to the services of
assist it in the recruitment, promotion and maintenance the State Government.
of discipline amongst the state services. The Commission shall be consulted on all matters
Composition of the Commission relating to:
The exact strength of the commission is not specified in
—
The methods of recruitment to civil services and
the Constitution. for civil posts.
The Governor of the state is empowered to determine
—
Principles to be followed in making appointments
the strength. to civil services.
—
In making promotions and transfers from one
If a resolution for constituting Joint State Public Service
service to another.
Commission is passed by the Legislature, the Parliament
may, by law, provide for constituting such a Joint State
—
On the suitability of candidates for such
Public Service Commission. appointments, promotions and transfers.
In case of Joint State Public Service Commission, the
—
On all disciplinary matters affecting a person
strength of commission is determined by the President. serving under the Government of India or
Government of State.
Appointment and Terms of Office —
Any claim for the award of pension in respect to
The Governor appoints the Chairman and other injuries sustained by a person while serving under
members of the State Public Service Commission. the Government of India or Government of a
The Chairman and other members of the Joint Public State.
Service Commission are appointed by the President of It shall be the duty of the State Public Service
India. Commission to present annually to the Governor a
Half of the members must be persons who have held report as to the work done by the Commission.
office for at least ten years under the Government of Advocate General
India or under the Government of a State.
The Constitution of India provides for the office of
A member of the commission holds office for a period of
Advocate General.
six years from the date he assumes office or until he
attains the age of sixty-two years, whichever is earlier. Appointment and Terms of Office
On ceasing to hold office, the Chairman of a State Public He is appointed by the Governor on the advice of
Service Commission shall be eligible for appointment as the State Ministry.
the member of the Union Public Service Commission or He holds office during the pleasure of the Governor.
as Chairman of any other State Public Service
Commission. Qualification to be Advocate General
Chairman of a State Public Service Commission cannot The only qualification laid down is that he should be
take up any other employment either under Government qualified to be a judge of a high court.
of India or under the Government of the State.
Powers and Functions of Advocate General
Resignation/Removal of the Members Advocate General is empowered to attend the
A member of the commission may resign by addressing a meetings of State Legislature when called upon to
letter to the President in case of a Joint State Public explain certain legal technicalities.
Service Commission or the Governor of the state in case He has the right to speak and take part in the
of State Public Service Commission. proceedings of the Legislature but he cannot vote.
The Chairman or any other member of the Commission He is the highest legal adviser to the State
can be removed from his office by the order of President government and appears on its behalf in almost all
on the ground of : courts.
—
misbehaviour He is also the public prosecutor in all case coming
—
adjudged insolvency up before the high court in exercise of its original
—
engagement in any paid employment outside criminal jurisdiction.
the duties of his office during his term of office He examines all the bills drafted by different
—
infirmity of mind or body departments.
 NCERT Notes INDIAN POLITY & GOVERNANCE
96

State Finance Commission —

Land administration which includes the assessment
The Constitution 73rd Amendment Act of 1992 and and collection of land revenue and other public dues
the Constitution 74th Amendment Act of 1992, have —
Control, regulation and distribution of food and civil
added Part IX and Part X respectively, to the supplies
Constitution of India regarding the Constitution and Developmental Functions
empowerment of Panchayats and Municipalities —
Agricultural production — Animal husbandry
respectively. —
Fisheries — Public health
These amendments have provided for consulting —
Education — Social welfare
and empowering Finance Commission in each of the
states of India. Organising holding of elections to Parliament, State
legislature and local bodies.
Appointment and Terms of Office Deals with providing emergency services, natural
The Governor of a State shall constitute a finance calamities like floods, droughts etc.
commission for the states every five years.
The Legislature of the State may (by law) provide for
District Collector
the composition of the Commission, the The collector as head of the district administration
qualifications that shall be requisite for the occupies a unique position in the Indian administrative
appointment of its members and the manner in system.
which they shall be selected. He is recruited through the Indian Administrative
Service or gets this position through promotions from
Powers and Functions of the
the state civil service.
Commission
The Commission is empowered to review the Roles and Functions of District Collector
financial position of the Panchayats and The functions of district collector can be summarised as
Municipalities. follows:
The Commission make recommendations to the As a Collector
Governor as to: —
He is head of the revenue department of the district.
—
The principles which should govern the —
He is responsible for the collection and recovery of
determination, the distribution and allocation
land revenues and other cesses and dues of the
between the state and panchayats as well as the
government.
state and Municipalities of the net proceeds of
the taxes, duties, tolls and fee leviable by the
—
All officers of the revenue department of the
state. district work under his direction, supervision and
control.
—
Decisions regarding grants in aid to the Panchayats
from Consolidated Fund of the State.
—
He distributes taccavi loans (short-term loans to poor
farmers) and recovers them.
—
The measures needed to improve the financial
position of the Panchayats/Municipalities.
—
He assesses losses to crops and makes
recommendations for relief during floods and
—
Any other matter referred to the Commission
droughts.
by the Governor in the interests of the
Panchayats/ Municipalities.
—
He is in-charge of the management of
Government estates.
District Administration As a District Magistrate
It is at the level of the district that the policies of —
He exercises general supervision over the criminal
government are translated into practice and the administration of his district.
problems of local people are studied and —
He is responsible for the proper administration of
communicated to the State government.
criminal laws in his district.
Role and Functions of District —
He grants licences of arms, explosives and petroleum
Administration etc.
The tasks of District Administration can be summarised As District Administrative Officer
as follows: —
He is the principal agent of the State government.
Regulatory Functions —
He looks after the general interest of the
—
Maintenance of law and order Government in the district.
—
Control of crime
NCERT Notes INDIAN POLITY & GOVERNANCE
97

—
He coordinates all the activities of other
government offices at district level. Functions of Bureaucracy
—
He looks after the postings, transfers and leave of Some of the functions of bureaucracy are as follows:
Naib-Tehsildars, Tehsildars and other gazette officers Implement Governmental Policies and Laws
working under him. Government policies and laws can really achieve
—
He submits annual budget estimates to the State their target only when these are effectively
government. implemented by the civil servants.
—
He is incharge of the treasury. Policy-Formulation Civil Servants supply the
—
He is the Chief Protocol Officer of the district. desired data needed by the political executive to
—
He compiles and submits the annual administrative formulate the policies. In fact, Civil servants
reports of the district to the State government. themselves formulate several alternative policies
—
He ensures that the public grievances against the and describe the pros and cons of each. The political
administration in the district are dealt properly and executive then selects such policy as the
effectively. governmental policy.
Running Administration To tackle the day-to-day
As a District Development Officer
administration in accordance with the policies,
—
He is member of Zila Parishad laws, rules, regulations and decisions of the
—
He has been assigned the powers and finances government is also the key responsibility of the
related to District Development Plans. bureaucracy.
District Planning Advisory One of the main functions of the
bureaucracy is to advise the political executive. As
—
He is the chief coordinator who prepares the district qualified, experienced and expert civil servants
plans. work in all government departments, they provide
—
District Planning and development Councils/Boards expert advice and information to the ministers.
are headed by the District Collector.
Legislative Work The civil servants play an
important role in law-making. They draft the bills
Bureaucracy which are submitted by the ministers in the
Legislature for law-making.
It refers to both a body of non-elected government
officials and an administrative policy-making group. Features of Bureaucracy
The public administration in many countries is an
In Bureaucracy, the bureaucrats are elected through
example of a bureaucracy. Bureaucracy as a political
established procedures.
theory is mainly a centralised form of management.
In Bureaucracy, the bureaucrats are not considered
The meaning of the word ‘bureaucracy’ is ‘government
as public representatives.
with a small desk’. This term was originated in France.
In this modern world, the purpose of a bureaucracy is In Bureaucracy, the bureaucrats have a fixed tenure,
administration of the day-to-day business of a i.e their tenure is fixed till the age of retirement,
government or society. although their roles and responsibilities could vary
depending on the posting etc.
The government’s bureaucracy operates on three levels
namely National, State and Local levels. In Bureaucracy, hierarchy is extremely important; a
top-down approach is followed for smooth
Bureaucracies have four key characteristics:
functioning of any department. Bureaucracy also
—
An unambiguous hierarchy focuses on Centralisation.
—
Specialisation
Directive approach is prevalent as inputs from
—
A division of labour electorates are not much considered in the
—
A set of rules bureaucracy.
 NCERT Notes INDI AN POLITY & GOVER NANCE
CHAPTER
98 17

Official Language

Sources Class-X New NCERT Chap 2 (Federalism), Class-XII Old NCERT Chap 14 (Regional Imbalances :
Regionalism, Linguism and Separatism)

History of Official Language

An official language is a language given a special status Official Language Commission
in a particular country, state or other jurisdiction. The ■
Article 343 states that the official language of the
term official language does not refer to the language Union shall be Hindi in Devanagari script.
used by a people or country, but by its government. ■
Article 344 states that there shall be a commission
and committee of Parliament on official language.
In the Colonial age, English was general official
It shall be the duty of the commission to make
language. The Constituent Assembly came out with a
■

recommendations to the President as to :

compromise formula to resolve the debate around —
the progressive use of the Hindi language for
official language of India.
the official purposes of the Union.
Official Language Bill, 1963 —
restrictions on the use of the English language for all
The bill allowed the continued use of English for or any of the official purpose of the Union.
official purposes without any time limit. —
use of official language for the communication
between the Union and a State.
It stipulated that acceptance of Hindi as the official
language is to be reviewed in 1975.
—
the language to be used for all or any of the purposes
mentioned in Article 348.
The non-Hindi speakers were assured that Hindi would
not be imposed on them without their consent.
Languages with Official Status in India
Three Language Formula Part XVII [Article 343 (1)] of the Indian Constitution
To satisfy the conflicting claims of various language provides that the official language of the Union shall
groups and to promote the national integration and be Hindi in Devanagari script.
inter-state communication, a three-language formula
The form of numerals to be used for the official
was evolved in education.
purposes of the Union shall be the international form
It required that schools throughout the country would of Indian numerals.
teach their own regional language, English and either
Hindi in non-Hindi speaking areas. In the The business of Indian Parliament can only be
Hindi-speaking areas, the schools would teach Hindi transacted in Hindi or in English.
alongwith English and any other regional language. There are various official languages in India at the
state/territory level. States within India have the
Amendment to Official Language Bill, liberty and powers to specify their own official
1967 languages through legislation.
It provided that English language shall continue to be In addition to official languages, the Constitution
used for all official purposes for which it was being recognises 22 regional languages, which include
hitherto used till all the non-Hindi states agreed, by Hindi but not English Scheduled languages.
a resolution of the State Legislatures to switch over
to Hindi.
 NCERT Notes INDIAN POLITY & GOVERNANCE
99

Official Languages of the Union Article 348 Under this Article, there is provision for
The Indian Constitution in 1950 declared Hindi in the language of all proceedings in the Supreme Court,
Devanagri Script to be the official language of the High Court, authorities texts, etc.
Union. Article 349 It states that language related Bill or
Unless Parliament decided otherwise, the use of Amendment can only be given his assent by the
English for official purposes was to cease 15 years President after he considers recommendation of
after the Constitution came into effect, i.e. on 26th Parliamentary Language Committee.
January, 1965. Article 350 It deals with the language to be used in
The Parliament enacted the Official Languages Act in representations for redressal of grievances.
1963, which provided for the continued use of English Article 350 (A) It facilitates for instruction in mother-
language for official purposes along with Hindi, even tongue at the primary status.
after 1965. Article 350 (B) It gives provision of special officer
for linguistic minorities.
Important Articles
Article 351 It provides directives for the development
Related to Languages of the Hindi language.
Article 29 It ensures that anyone residing in India has
the right to preserve a distinct language, script or Eighth Schedule Related to Languages
culture. The Constitutional provisions related to the Eighth
Article 30 It states that all minorities, whether based Schedule occurs in Article 344(1) and 351 of the
on religion or language, shall have the right to Constitution.
establish and administer educational institution of The Eighth Schedule was intended to promote the
their choice. progressive use of Hindi as well as 22 Indian
Article 120 (Language to be used in the Parliament) It languages.
provides that the Chairman of the Council of States or
speaker of the House of the people shall use Hindi or List of Languages in Eighth Schedule
English to address the House. Language Percent of Language Percent of
The Chairman of the Council of States or speaker of the Speaker (%) Speaker (%)
House may permit any member to address the House Assamese 1.26 Bengali 8.03
in his mother-tongue.
Gujarati 4.58 Hindi 43.63
Article 210 (Language to be used in the Legislature)
Business in the Legislature of a state shall be Kannada 3.61 Kashmiri 0.56
transacted in the official language or languages of the Konkani 0.19 Malayalam 2.88
state in Hindi or in English.
Manipuri 0.15 Marathi 6.86
Article 344 It deals with the Commission and
Committee of Parliament on Official Language. It gives Nepali 0.24 Oriya 3.10
provision of 30 members Official Language Committee Punjabi 2.74 Sanskrit 0.03
in which 20 members will be from Lok Sabha and 10 Sindhi 0.61 Tamil 5.70
from Rajya Sabha.
Telugu 6.70 Urdu 4.19
Article 345 Under this Article, state is empowered to
choose its state language or languages and Hindi can Bodo 0.12 Santhali 0.61
be used for all official purposes. Maithili 1.12 Dogri 0.21
Article 346 It provided that if two or more states agree
for the use of Hindi as a medium of communication, it Of these languages 14 were initially included in the
may be used in all official purposes and parliamentary Constitution. Later, Sindhi was added in 1967.
proceedings along with English. Thereafter Konkani, Manipuri and Nepali were
Article 347 It empowers the President to direct state in added in 1992. Subsequently Bodo, Dogri, Maithili
the matter of official language. and Santhali were added in 2004.
 NCERT Notes INDIAN POLITY & GOVERNANCE
100

List of Official Languages of States of India and Union

Territories

State/UT Official Language State/UT Official Language

Andhra Pradesh Telugu Odisha Odia
Arunachal Pradesh English Punjab Punjabi
Assam Assamese Rajasthan Hindi
Bihar Hindi Sikkim English, Nepali, Sikkimese, Lepcha
Chhattisgarh Hindi Tamil Nadu Tamil
Goa Konkani, English Telangana Telugu
Gujarat Gujarati Tripura Bengali, English, Kokborok
Haryana Hindi Uttar Pradesh Hindi
Himachal Pradesh Hindi Uttarakhand Hindi
Jharkhand Hindi West Bengal Bengali, English
Karnataka Kannada Andaman and Nicobar Islands Hindi, English
Kerala Malayalam Chandigarh English
Madhya Pradesh Hindi Dadra and Nagar Haveli and Daman and Diu Gujarati, Konkani, Marathi, Hindi
Maharashtra Marathi Delhi Hindi, English
Manipur Manipuri Lakshadweep Malayalam
Meghalaya English Jammu and Kashmir Kashmiri, Dogri, Hindi, Urdu, English
Mizoram Mizo Ladakh Hindi, English
Nagaland English Puducherry Tamil, French, English
 NCERT Notes INDIAN POLITY & GOVERNANCE
CHAPTER 18 101

Special Provisions for

Marginalised Sections

Sources Class-VIII New NCERT Chap 7 (Understanding Marginalisation), Chap 8 (Confronting Marginalisation),
Class-VIII Old NCERT Chap 5 (Untouchability), Chap 7 (Welfare of Scheduled Castes and Scheduled Tribes),
Class-XII New NCERT Chap 10 (Development of Weaker Sections : Scheduled Castes, Scheduled Tribes and
Other Backward Classes), Chap 12 (Inequality : Social and Economic)

India being a democratic country guarantees rights

equally to all its people. Indian Constitution provides Scheduled Tribes
special privileges to socially and economically weaker Scheduled Tribes (STs) are people belonging to
sections to enable them to come at par with the rest of tribes or tribal communities specified in the list of
society. such tribes as per Article 342 of the Constitution.
All these provisions suggest that India is a welfare state, The term Adivasis or Scheduled Tribes literally
committed to the welfare of development of its people means original inhabitants. There are communities
in general and vulnerable sections in particular. which lived and often continue to live, in close
The vulnerable sections in India include association with forests.
Scheduled Castes, Scheduled Tribes, Other
According to Census 2011, around 8% of India’s
Backward Classes, Women, Minorities, Disabled
population is Adivasi.
and Children.
Adivasis are not a homogeneous population: there
Scheduled Castes are over 500 different Adivasi groups in India.
Scheduled Castes (SCs) are people belonging to those Socio-Economic Conditions of
castes, races which have been or may in future be Scheduled Tribes
specified in a list in accordance with Article 341 of the
Scheduled Tribes are weaker sections not in terms of
Constitution.
caste. They are people who have been living in
In traditional terms, these are the people who were remote forest areas and hill tracks as tribes without
considered outcastes, categorised as untouchables.
any access to modern socio-economic inputs. They
They have remained extremely marginalised and poor are deprived of their land and autonomy.
on socio-economic parameters. People belongs to Scheduled Tribes are extremely
Socio-Economic Conditions of poor and most of them are illiterate.
Scheduled Castes They live in villages and are engaged in
The people of the so-called low castes were oppressed agriculture and other allied occupations.
and exploited by those who belonged to so-called high Each tribe has a separate identity and distinct
castes. Majority of the people among Scheduled Castes culture.
are still illiterate. Many of the tribes are led to embrace different
The percentage of literate women among Scheduled religions in the hope of raising their own
Castes is very low. They continue to be economically socio-economic status.
dependent on upper castes.
 NCERT Notes INDIAN POLITY & GOVERNANCE
102

Measures and Safeguards to It lists types of humiliation that are both physically and
Uplift the Condition of SCs and morally shameful and seek to punish those who :
force a member of a Scheduled Caste or a
STs
—

Scheduled Tribe to drink or eat any inedible or

Constitution of India prescribes certain protective distasteful substance.
measures, safeguards and welfare measures for —
forcibly removes clothes from the person of a
Scheduled Castes.
member of a Scheduled Caste or a Scheduled Tribe
Constitutional Provisions or parades him/her naked or with painted face or
body or commits any similar act, which is derogatory
The Constitution prescribes protection and
to human dignity.
safeguards for Scheduled Castes either specially or by
way of insisting on their general rights as citizens. It lists actions that dispossess Dalits and Adivasis of
their limited resources or which force them into
The Constitution safeguards their interests with the
performing slave labour. Thus, the Act sets out to
objective of promoting their educational interests and
punish anyone who :
removing social disabilities. —
wrongfully occupies or cultivates any land allotted
Reservations and Affirmative Action to, a member of a Scheduled Caste or a Scheduled
The Constitution of India provides for reservation in Tribe
educational institutions and public employment to —
gets the land allotted to him transferred.
Scheduled Castes and Scheduled Tribes in proportion It recognises that crimes against Dalit and tribal
of their population. women are of a specific kind and, therefore seeks to
The Constitution of India provides for reservation in penalise anyone who :
Lok Sabha, State Assemblies and local —
assaults or uses force on any woman belonging to
self-government institutions in proportion of their a Scheduled Caste
population. (15% for SCs and 7% for STs in Centre, —
a Scheduled Tribe with intent to dishonour her.
percentage of reserved seats in states vary with the
population of SCs and STs in the State). Adivasi Demands and the 1989 Act
The 1989 Act defend Tribe’s right to occupy land that
Fundamental Right Provisions was traditionally their own.
Article 17 of the Constitution abolishes
Adivasis are often unwilling to move from their land
untouchability and forbids its practice in any form.
and are forcibly displaced.
Article 15 (1) prohibits discrimination on grounds of Activists have asked that those who have forcibly
race, caste, sex, religion or place of birth. encroached upon tribal land should be punished under
Article 14 proclaims equality before law and equal this law.
protection of law for all. The Act confirms what has already been promised to
Directive Principles of State Policy tribal people in the Constitution – that land belonging
to tribal people cannot be sold to or bought by
Provisions non-tribal people.
Articles 38 and Article 46 (Directive Principles of State
In cases, where this happened, the Constitution
Policy) specifically aim at securing social justice to the
guarantees the right of tribal people to re-possess their
deprived sections of the population.
land.
Constitutional Law Provisions
National Commission for SCs and STs
The Untouchability (Offences) Act was passed in
1955. Its provisions were made more stringent and its Some important National commission for SCs and STs are
scope was enlarged by amending it in 1976. The as follows :
new Act was named as Protection of Civil Rights
Act.
Evolution of the Commission
In 1989, another Act called Scheduled Castes and With a view to provide safeguards against the
Scheduled Tribes (Prevention of Atrocities) was exploitation of SCs and STs and to promote and protect
passed. their social, educational, economic and cultural
interests, special provisions were made in the
Scheduled Castes and the Scheduled Constitution.
Tribes
(Prevention of Atrocities) Act, 1989
The Act distinguishes several levels of crimes against
Scheduled Castes and Scheduled Tribes and make them
punishable offence.
 NCERT Notes INDIAN POLITY & GOVERNANCE
103

For effective implementation of various safeguards To inquire into specific complaints with respect to
provided in the Constitution for the SCs and STs and the deprivation of rights and safeguards of the
various other protective legislations, the Constitution Scheduled Castes.
provided for appointment of a Special Officer under
To participate and advise on the planning process
Article 338 of the Constitution.
of socio-economic development of the Scheduled
In order to facilitate effective functioning of the office of Castes and to evaluate the progress of their
the Commissioner for SCs and STs, 17 regional offices of development.
the Commissioner were set up in different parts of the
To present reports on the working of those
country.
safeguards to the President annually and at such
The functions of the commission for SCs and STs broadly other times as the Commission may deem fit.
corresponded with those of the Commissioner for SCs
To make recommendations mentioning measures
and STs.
that should be taken by the Union or any state for
The functions of the Multi-Member Commission set-up in the protection, welfare and socio-economic
1978 were modified by Ministry of Welfare’s Resolution development of the Scheduled Castes.
and the Commission for SCs and STs was renamed as the
To discharge such other functions in relation to the
National Commission for Scheduled Castes and Scheduled
protection, welfare and development and
Tribes.
advancement of the Scheduled Castes as the
In 1978, a proposal was moved for amendment of President may, subject to the provisions of any law
Article 338 of the Constitution (46th Amendment) for made by Parliament, by rule specify.
replacing the arrangement of one member system with a
multi-member system. Powers of the Commission
Therefore, the first Commission for SCs and STs was, The commission has all the powers of a Civil Court
set-up in August, 1978 with Shri Bhola Paswan trying a suit while inquiring into any complaint and in
Shastri as Chairman. particular in respect of the following matters, namely :
It was set-up as a National Level Advisory Body to advise summoning and enforcing the attendance of any
the Government on Broad Policy issues and levels of person from any part of India and examining him
development of Scheduled Castes and Scheduled Tribes. on oath.
65th Constitutional Amendment Act, 1990 provided for requiring the discovery and production of any
documents.
the establishment of a high level multi-member national
commission for SCs and STs and this constitutional body receiving evidence on affidavits.
report to the Commissioner for SC and ST set-up under requisitioning any public record or copy thereof
the resolution of 1987. from any court or office.
Again the 89th Amendment Act, 2003 bifurcated the issuing commissions for the examination of
witnesses and documents.
combined National Commission for SCs (Under Article
any other matter which the President may by rule,
338) and National Commission for STs (Under Article
determine.
338-A).
National Commission for STs
National Commission for SCs
The National Commission for Scheduled Tribes
The separate National Commission for SCs came into
(NCST) was established by amending Article 338
existence in 2004.
and inserting a new Article 338A in the Constitution
According to Article 338 (2), it consists of a Chairperson, a through the 89th Constitutional Amendment Act,
Vice-Chairperson and three other members. They are 2003.
appointed by the President and their conditions of service
The tenure of Chairperson, Vice-Chairperson and
and tenure of office are also determined by the President.
Members of the Commission is 3 years from the date
Functions and Duties of the Commission of assumption of the charge by each of them.
Clause (5) of Article 338 holds that it shall be the duty of the Functions of the Commission
commission :
To investigate and monitor matters relating to
To investigate and monitor all matters relating to the safeguards provided for Scheduled Tribes under the
safeguards provided for the Scheduled Castes under the Constitution or under other laws or under
Constitution or under any other law and to evaluate the government order, to evaluate the working of such
working of such safeguards. safeguards.
 NCERT Notes INDIAN POLITY & GOVERNANCE
104

To inquire into specific complaints relating to rights and Special Schemes in Employment
safeguards of Scheduled Tribes.
Seats for SCs and STs are reserved in public
To participate and advise in the planning process relating
employment in proportion of their population.
to socio-economic development of Scheduled Tribes and
to evaluate the progress of their development under the Coaching and allied Scheme for various
Union and any state. competitive examinations for recruitment in Union
Public Service Commission (UPSC), State Public
To submit report to the President about working of
Service Commission (SPSC), Public Undertakings,
safeguards and measures required for effective
Banking service etc.
implementation of programmes/schemes relating to
welfare and socio-economic development of Scheduled State Scheduled Castes Development Corporation
Tribes. to uplift the SC/ST population living below poverty
line.
To discharge such other functions in relation to
Scheduled Tribes as the President may, subject to the Tribal Cooperative Marketing Development
provisions of any law made by Parliament, by rule Federation of India
specify. It was set-up in 1987 with the prime objective of
Report of the Commission providing marketing assistance and remunerative
prices to ST communities.
The commission presents an Annual Report to the
President. It can also submit a report as and when it It protects these communities from private traders
thinks necessary. who exploit their minor forest produce and surplus
agricultural produce.
The President place all such reports before the Parliament
alongwith a memorandum, explaining the action taken or Baba Saheb Ambedkar Foundation
the reasons for the non-acceptance of the
This foundation was set-up in 1992.
recommendations made by the commission.
It has been entrusted with the responsibility to
The report pertaining to State Government may also be
manage, administer and carry on schemes and
forwarded, by the President, to the State Governor
programmes identified during the centenary birth
who shall place it before the State Legislature
celebrations of Dr. B R Ambedkar.
alongwith a memorandum explaining actions taken or
reasons for non-acceptance of its recommendations. Some of the awards under this scheme are-
—
Dr Ambedkar National Award for social
Special Schemes and understanding and upliftment of weaker section
Programmes for SCs and STs —
Dr Ambedkar International Award for social
change, harmony, equity, justice and human
In accordance with the Constitutional Provisions and
dignity for the exploited and the under privileged
directives of the Government of India and all states
have been formulating and implementing various schemes Tribal Research Institutes
and programmes for upliftment of SCs and STs. Some states have set-up Tribal Research Institutes
These programmes relate to education, skill formation, for :
creating job opportunities and development of the areas —
research and education
in which these people are concentrated. —
collection of data
Some of these important schemes are : —
training and seminars, workshops
Special Schemes in Education —
professional inputs in the preparation of tribal
sub-plan
Seats in educational institutions are reserved for SCs and
STs in percentage of their population.
—
publication of tribal sub-plan and tribal literature
—
codification of tribal customary laws
A book bank scheme has been launched to provide text
books required for the students pursuing medical and Tribal sub-plan strategy was evolved during the
engineering degrees, agricultural, veterinary and Fifth Five Year Plan. It is based on twin objectives
polytechnic courses. of :
Girls Hostel Scheme was started for the purpose of providing
—
Protection of interests of tribals through legal
residential facilities to tribal girls in pursuit of education. and administrative support.
Various Scholarship Schemes for students including
—
Promotion of development efforts through
pre-matric, post-matric and higher education. planned schemes to raise their level of living.
 NCERT Notes INDIAN POLITY & GOVERNANCE
105

Other Backward Classes affiliated colleges and government aided firms in the
private sector.
Constitution of India uses the word Backward
The Commission also recommended for economic and
Class. It refers to a group of people having general
occupational development of the OBCs.
characteristics of Backwardness.
In August 1990, Government of India announced the
Article 340 of the Constitution empowers the
acceptance of Mandal Commission’s
government to appoint a Commission to investigate
recommendations.
into conditions of Other Backward Classes (OBCs) and
make recommendations. National Commission
Other Backward Classes for Backward Classes (NCBC)
Commissions 102nd Constitutional Amendment Act, 2018 provides
Constitutional status to the National Commission for
Constitution of India does not specify which groups
Backward Classes (NCBC).
constitute backward classes.
102nd Constitutional Amendment Act inserted two new
The Government of India appointed two Backward
articles in the Constitution of India : Article 338B and
Classes Commissions for deciding the criteria to
342A. The Amendment also brings the changes in
identify backward classes on the basis of communities
Article 366.
or castes.
Article 338B provides authority to NCBC to
Kaka Kalelkar Commission examine complaints and welfare measures
(First Backward Classes Commission) regarding socially and educationally backward
The first Backward Classes Commission was classes.
appointed in 1953 under the Chairmanship of Article 342A empowers President to specify socially
Kaka Saheb Kalelkar. and educationally backward classes in various States
The Commission used four criteria for identifying the and Union Territories.
Backward Classes : Composition of the Commission
—
low social position in the traditional caste hierarchy
It is a multi-member body consisting of five members
of Hindu Society.
—
A Chairperson who is or has been a Supreme Court
—
lack of general educational advancement among the
or High Court Judge, a social scientist.
majority of a caste/community.
—
Two persons having special knowledge in matters
—
inadequate or lack of representation in government
relating to backward classes and a Member-Secretary
services and representation in trade, commerce
who is or has been an officer of the Central
and industry.
Government in the rank of a Secretary.
The Kalelkar Commission on above basis identified
All are nominated by Central Government and hold
2399 castes and communities as Backward Classes.
office for a term of 3 years.
The government did not accept the recommendations
of this Commission. Functions of the Commission
Mandal Commission To examine requests for inclusion of any class of
citizens as a backward class in the Central lists of
(Second Backward Classes Commission)
backward classes.
The Commission was appointed in 1978 under the To hear complaints of over-inclusion or
Chairmanship of BP Mandal. under-inclusion advice to the Central Government.
The Commission formulated 11 indicators: four on To advise the Central Government in revision of list of
caste based social backwardness, three on educational backward communities.
backwardness, four on economic backwardness.
The Commission stated that the backwardness of Schemes/Programmes for the
these groups was related to Caste.
Welfare of Other Backward
It identified 3,743 Castes as backward on the basis of
decided indicators. These castes came to be known as Classes
Other Backward Castes (OBCs). Government of India has launched several schemes for
The Commission recommended reservation of 27% of welfare and development of Other Backward Classes
jobs for OBCs in Central services, public sector which are :
undertakings, nationalised banks, universities and 27% reservation in educational institutions and public
employment.
 NCERT Notes INDIAN POLITY & GOVERNANCE
106

Pre-Examination Coaching To coach candidates Article 16 guarantees to all citizens including

belonging to OBCs whose parent’s/guardians annual women, freedoms of speech and expression,
income less than ₹ 1 lakhs. assemble, form associations or unions.
Hostels Schemes for OBC boys and They can move freely throughout the territory of
girls Pre-metric Scholarships India, to reside and settle anywhere and to practice
any profession or occupation.
Post metric scholarships
Assistance to Voluntary Organisations The scheme Directive Principle Provisions
involves the voluntary sector to improve the Men and women equally have the right to an
educational and socio-economic conditions of the adequate means of livelihood (Article 39).
OBCs to get them gainfully employed. There is equal pay for equal work for both men and
women (Article 39).
Women The health and strength of workers men and women
For centuries women in India have received unequal and the tender age of children are not abused and
treatment in almost all spheres of life. Women have that citizens are not forced by economic necessity to
been put down at the sidelines of social, economic and enter vocations unsuited to their age or strength
political life. (Article 39).
Therefore, justice for women was one of the most Make provisions for just and humane conditions of
important issues of development in India. Several work and maternity relief.
constitutional as well as legal provisions were Fundamental Duty Provisions
institutionalised for the welfare of women.
To renounce practices derogatory to the dignity of
Constitutional women (Article 51 A).

Provisions for Welfare Universal Adult Franchise

of Women Constitution of India granted that women has
equality both in right to vote and to contest
There are several provisions in Indian Constitution that
elections.
focus on gender justice.
Some of these are : Legal Provisions for Protection of Women
Many laws have been enacted with a view to remove
Affirmative Action and Reservations disparities among men and women and provide
Not less than 33% of seats must be reserved for women conditions for welfare of women. Some of the
in local self-government institutions. important laws passed by the Parliament are :
Some state governments have provided for reservation —
Special Marriage Act, 1954
of seats for women in public employment and —
Hindu Marriage Act, 1955
educational institutions. —
Hindu Adoption and Maintenance Act, 1956
Fundamental Right Provisions —
Dowry Prohibition Act, 1961
Article 14 confers equality before law and equal
—
Medical Termination of Pregnancy Act, 1971
protection of laws for all. This means that the law can —
The Equal Remuneration Act, 1976
not be discriminatory against women. —
Child Marriage Restraint (Amendment) Act, 1978
Article 15 not only prohibits any discrimination on the —
The Criminal Law (Second Amendment Act), 1985
grounds of religion, race, caste, sex or place of birth but —
The Dowry Prohibition (Amendment) Act, 1984
also empowers state to make any special provisions for
women and children.
 NCERT Notes INDIAN POLITY & GOVERNANCE
107

Welfare Schemes for Women Appointment and Term of Office

Central Social ◆
It was established in 1953 by Government A person committed to the cause of women is
Welfare Board of India. nominated and appointed as Chairperson by the
◆
It was established for promoting welfare and Central Government.
development services for women, children
and under privileged groups. Five Members to be nominated by the Central
Department of ◆
It was set-up by Central Government in
Government from amongst persons of ability, integrity
Women and 1985. and standing.
Child ◆
It was established to give a distinct identity At least one member each shall be from amongst
Development and provide a nodal point on matters persons belonging to the Scheduled Castes and
relating to women’s development. Scheduled Tribes respectively.
National Policy Landmark in the field of policy on women’s
A Member-Secretary to be nominated by the Central
on Education education. The main features of the
1986 implementation strategy of National Policy Government.
on Education would be :
Powers of the Commission
◆
to gear the entire education system to play a
positive interventionist role in the It is vested with powers to regulate its own affairs and
empowerment of women. has all the powers of civil court under which it can :
◆
to encourage educational institutions to take summoning and enforcing the attendance of any person
up active programmes to enhance women’s from any part of India and examining him on oath.
status and further women’s development in
all sectors.
requiring the discovery and production of any
document.
to widen women’s access to vocational,
receiving evidence on affidavits.
◆

technical and professional education at

all levels, breaking gender stereotypes. requisitioning any public record from any court or
◆
to create a dynamic management structure office.
that will be able to respond the challenge issuing summons for the examination of witnesses
posed by this mandate. and documents and
Programme of ◆
It was launched in 1987. any other matter which may be prescribed by the
Support to ◆
It was aimed at strengthening and Central Government.
Training Cum improving the skills for employment
Employment opportunities for women Below Poverty Functions of the Commission
Line in traditional sectors. Such as To safeguard and promote women’s rights.
agriculture, animal husbandry, handlooms,
handicrafts, cottage, village industries, Review legislation, interventions in specific individual
sericulture where women are employed in complaints of atrocities and remedial action to
large scale. safeguard the interest of women.
Indira Mahila ◆
It was started in 1995.
Yojana ◆
Aimed at organising women at the grassroot National Policy for the
level to facilitate their participation in
decision making and empowerment. Empowerment of Women 2001
Rural Women’s ◆
It was sanctioned in 1998. The Government of India in 2001 issued a National Policy
Development ◆
It aims to promote the development of for the Empowerment of Women.
and income generating activities and access to
Empowerment The major objectives of this policy include :
basic financial services.
Creating an environment through positive economic
National Commission for and social policies for full development of women to
Women enable them to realise their full potential.
To safeguard the rights and legal entitlements of The de-jure and de-facto employment of all human
women the Parliament in 1990 enacted a law to rights and fundamental freedom by women on equal
establish National Commission for Women. basis with men in all spheres-political, economic,
social, cultural, civil.
The Commission came into existence on 31st January,
1992. Equal access to women to healthcare, quality
education at all levels, career and vocational guidance,
Composition of the Commission employment, equal remuneration, occupational health
National Commission of Women consists of : and safety, social security and public office etc.
—
a Chairperson Strengthening legal systems aimed at elimination of
—
five members all forms of discrimination against women.
—
a member secretary
 NCERT Notes INDIAN POLITY & GOVERNANCE
108

Minorities To suggest appropriate measures in respect of any

minority to be undertaken by the Central Government
The Indian Constitution recognised that the culture or the State Governments.
of the majority influences the way in which society
To make periodical or special reports to the Central
and government might express themselves. In such
Government on any matter pertaining to minorities and
cases, size can be a disadvantage and lead to the
in particular difficulties confronted by them.
marginalisation of the relatively smaller
communities. Powers of the Commission
Thus, safeguards are needed to protect minority The Commission shall, while performing any of the
communities against the possibility of being functions is vested with powers to regulate its own
culturally dominated by the majority. affairs.
The Constitution provides these safeguards because It has all the powers of a civil court in respect of the
it is committed to protecting India’s cultural following matters :
diversity and promoting equality as well as justice. —
summoning and enforcing the attendance of any
person from any part of India and examining him on
National Commission on oath.
Minorities —
requiring the discovery and production of any
It is a statutory body set-up in 1993 under the document.
National Commission for Minorities Act, 1992. —
receiving evidence on affidavits.
It is under Ministry of Minority Affairs. —
requisitioning any public record or copy thereof from
any court or office.
Composition of the Commission —
issuing commissions for the examination of witnesses
The Commission consists of: and documents.
—
Chairperson —
any other matter may be prescribed.
—
Vice- Chairperson
—
Five members Children
Total of 7 persons to be nominated by the Central
Children also form a disadvantaged group by virtue of
Government from amongst persons of eminence,
their being physically and mentally less developed and
ability and integrity.
financial dependent.
Each member holds office for a period of three years
For protection of the interests of children and
from the date of assumption of office.
safeguarding their rights, the Government of India
Functions of the Commission enacted Commission for Protection of Child Rights Act,
The Commission shall perform all or any of the in 2005.
following functions : This Act led to establishment of National Commission
To evaluate the progress of the development of for Protection of Child Rights in 2007.
minorities under the Union and States. National Commission for Protection
To monitor the working of the safeguards provided of Child Rights (NCPCR)
in the Constitution and in laws enacted by
NCPCR is an Indian statutory body established by an Act
Parliament and the State Legislatures.
of Parliament, the Commission for Protection of Child
To make recommendations for the effective Rights Act, 2005.
implementation of safeguards for the protection of
The Commission works under the Ministry of Women
the interests of minorities by the Central
and Child Development, Government of India.
Government or the State Governments.
The Commission became operational in 2007.
To look into specific complaints regarding
deprivation of rights and safeguards of the Composition of the Commission
minorities and take up such matters with the The Commission consists of the following members :
appropriate authorities.
A Chairperson, who has done an outstanding work for
To make case studies to be undertaken into
promoting the welfare of children.
problems arising out of any discrimination.
Six members out of which at least two are women
To conduct studies, research and analysis on the
appointed by the Central Government.
issues relating to socio-economic and educational
development of minorities.
 NCERT Notes INDIAN POLITY & GOVERNANCE
109

Functions of the Commission Non-implementation of laws providing for protection

To examine and review the safeguards provided by or and development of children.
under any law for the time being in force for the Non-compliance of policy decisions, guidelines or
protection of child rights and recommend measures instructions aimed at mitigating hardships to and
for their effective implementation. ensuring welfare of the children and provide relief to
To present reports to the central government, annually such children. Take up the issues arising out of such
other intervals as upon the working of the safeguards. matters with appropriate authorities.
To inquire into violation of child rights and
recommend initiation of proceedings in such cases. Persons with Disabilities
To examine all factors that inhibit the enjoyment of These include persons with visual, hearing, speech,
rights of children affected by terrorism, communal locomotive disability, mental retardation, mental illness,
violence, rights, trafficking etc. multiple disability and any other disabilities.
To look into matters relating to the children in need of
special care and protection including children in Chief Commissioner for Persons with Disabilities
distress, marginalised and disadvantaged children. It is a government of India agency under Ministry of
Juvenile children without family and children of Social Justice and Empowernment.
prisoners are also looked after and recommend This agency has been set-up under the Persons with
appropriate remedial measures. Disabilities (Equal Opportunities, Protection of Rights
To study treaties and other international instruments and Full Participation) (PWD) Act, 1995.
and undertake periodical review of existing policies There are separate Commissioners for State and
on children. Undertake and promote research in the Union Territories.
field of child rights.
Functions and Powers of the Agency
Powers of the Commission
It is mandated to take steps to safeguard the rights
The Commission has power to inquire into complaints of persons with disabilities.
and take suo motu notice of matter relating to :
The Chief Commissioner is vested with the power of a
Deprivation and violation of child rights. civil court under the Code of Civil Procedure.
 NCERT Notes INDI AN POLITY & GOVER NANCE
CHAPTER
110 19

Local Self-Government

Sources Class-VI New NCERT Chap 5 (Panchayati Raj), Chap 7 (Urban Administration),
Class-IX & X Old NCERT Chap 3 (Our Local Government), Class-X New NCERT Chap 2 (Federalism),
Class-XI New NCERT Chap 8 (Local Government), Class-XI Old/New NCERT Chap 7 (Federalism),
Class-XII Old NCERT Chap 9 (Multi Level Planning and Role of District Development Agencies)

India gave democratic government at the central, state as The Ripon Resolution was passed in 1885.
well as local levels. Such governments at local level is Chairman of the Royal Commission on
called local self-government. decentralisation viewed that the local government
Local government provides opportunity to the people to should begin at the village level, not at district
govern themselves. These governments give basic level.
training in effective participation of the people in Montague-Chelmsford Reforms 1919 made local
administration and in democratic way of living.
self-government a part of the transferred subject.
Participation of local people make the government more
responsive to the needs of the area. Municipalities are the urban counterpart of
Panchayats. Local self-government was given
Decentralisation and People’s constitutional status through 73rd and 74th
Constitutional Amendments.
Participation in India
The 73rd Amendment Act, does not apply to the
As per Indian Constitution, the responsibility for
States of Nagaland, Meghalaya and Mizoram and
undertaking planned development through systematic
certain other areas.
formulation, implementation and evaluation of plans is a
responsibility of both Centre and State governments.
The ideas of decentralised planning, people’s Panchayati Raj System
participation and multi-level planning have been
Panchayati Raj Institutions
mentioned in Five-Year Plans.
For coordination between the Union and states a
National Development Council was established.
Evolution of Local Rural Local Self-Government Urban Local Self-Government
Gram Municipal Corporation
Self-Government in India Panchayat Municipality
The local self-government is the third level of Panchayat
Notified Area Committee
government apart from the State and Central Samiti Zila Town Area Committee
Governments. Parishad Cantonment Board
There are two types of local government in operation Port Trust
Panchayats in rural areas and Municipalities in urban Township
area. Lord Ripon is known as the father of local Special Purpose Agency
self-government.
 NCERT Notes INDIAN POLITY & GOVERNANCE
111

Evolution of Panchayati Raj —

These bodies should be made less dependent on
System states. Some tax collection power should be given
to local bodies and local development work should
Various Committees with the local self-government be done by Zila Parishad.
follows : —
A district should be the first point for decentralisation
Balwant Rai Mehta Committee under popular supervision below the state level.

In January 1957, the Government of India appointed a Other Committees related to Panchayati Raj
committee to examine the working of the Community
Committee Description
Development Programme (1952) and the National
Extension Service (1953) and to suggest measures for
their better working. GVK Rao ■
It was formed to review the existing
Committee Administrative Arrangements for Rural
Chairman of this committee was Balwant Rai G Development and Poverty Alleviation
Mehta who recommended to establish democratic Programmes in 1985 under the chairmanship
decentralisation in India which later came to be of GVK Rao.
known as ‘Panchayati Raj’. ■
The Committee was appointed by the
Planning Commission.
It also talked about establishment of a three-tier ■
The committee recommended measures to
Panchayati Raj system – gram panchayat at the village strengthen the PRIs. It recommended, the zila
level, panchayat samiti at the block level and zila parishad should be of pivotal importance in
parishad at the district level. the scheme of democratic decentralisation
and should become the principal body for
It recommended that : management of planning and development.
—
Direct elections for Gram Panchayats and indirect LM ■
It was appointed by the Rajiv Gandhi
elections for Panchayat Samitis and Zila Singhvi Government in 1986 to prepare a concept paper
Panchayats. Committee on ‘Revitalisation of Panchayati Raj Institutions
for Democracy and Development’ under the
—
Local bodies should be given adequate resources for
chairmanship of L M Singhvi.
governance. ■
It recommended that the PRIs should be
—
Development schemes should be implemented by constitutionally recognised, protected and
the help of local self-government. preserved.
—
District Collector should be made head of the Zila ■
Nyaya Panchayats should be established for
Panchayat. a cluster of villages.
The Village Panchayats should have more
Recommendations were accepted by the National
■

financial resources etc.

Development Council (NDC) in 1958. ■
In 1988, a sub-committee of the Consultative
In 1959, Rajasthan (Nagaur district) was the first state Thungon Committee of Parliament was created under the
to establish Panchayati Raj Institutions (PRIs) Committee chairmanship of PK Thungon to examine the
followed by Andhra Pradesh later in the same year. politi-co-administrative.
■
Structure in the district for the purpose of
Ashok Mehta Committee district planning.
It also recognised that PRIs must be given
In December 1977, the Janata Government appointed
■

a constitutional status and a three-tier

a committee on Panchayati Raj Institutions under the system should be formed.
chairmanship of Ashok Mehta. ■
The Panchayati Raj bodies should have a fixed
It recommended that : tenure of five years.
Zila Parishad should be pivot in PRIs system etc.
The three-tier system be replaced with two tier
■
—

system i.e. Zila parishad at the district level and ■

The Committee on Policy and Programmes was
below it, the mandal panchayat consisting of a Gadgil constituted in 1988 by the Congress party under
Committee the chairmanship of VN Gadgil.
group of villages with a total population of 15,000
This committee discussed on “how best
to 20,000.
■

Panchayati Raj Institutions could be

—
Nyaya Panchayats should be made a separate made effective”.
body headed by a competent jurist and Zila ■
It recommended constitutional status, fixed
Parishad should be made responsible for planning tenure of five years, members at all levels
and programming at district level. must be directly elected, reservations for SC,
ST and Women, establishment of State
—
Election of these bodies should be conducted by Finance Commission to allocate finance to
State Election Commission with recommendation of PRIs and State Election Commission for
Chief Election Commissioner of India. conducting elections etc.
 NCERT Notes INDIAN POLITY & GOVERNANCE
112

73rd Constitutional Amendment Act, Financial Powers

1992 Panchayat can levy, collect and appropriate taxes,
In the year 1992, 73rd Constitutional Amendment Act duties, tolls, feels as it thinks fit.
was passed. It came into force from 24th April, 1993. The State also provides grants-in-aid to Panchayat.
This amendment added Part IX in Indian At the end of every fifth year, a State Finance
Constitution. Commission is constituted to review the financial
Article 243 to 243(0) was added in the Constitution. position of the Panchayats and make recommendation
The 73rd Constitutional amendment provides : to the Governor for their improvement.

Three-Tier Structure Reservation of Seats for Weaker Sections

One-third of the positions in all Panchayat institutions
All states now have a uniform three-tier Panchayati
are reserved for women.
Raj structure.
Reservations for Scheduled Castes and Scheduled
At the lowest level is the Gram Panchayat. A Gram
Tribes are also provided at all the three levels, in
Panchayat covers a village or group of villages.
proportion to their population. If the States find it
The intermediary level is the Mandal (also referred to necessary, they can also provide reservations for the
as Block or Taluka). These bodies are called Mandal Other Backward Classes (OBCs).
or Taluka Panchayats. The intermediary level body
Reservations apply not merely to ordinary members in
need not be constituted in smaller states.
Panchayats but also to the positions of Chairpersons
At the apex is the Zila Panchayat covering the entire or Adhyakshas at all the three levels.
rural area of the district.
Reservation of one-third of the seats for women is not
The amendment also made a provision for the merely in the general category of seats but also within
mandatory creation of the Gram Sabha. the seats reserved for Scheduled Castes, Scheduled
Elections and Tenure of Local Bodies Tribes and backward castes.
The elections to Panchayats at all the three levels shall
be held every five years. They can however, be Rural Local Government
dissolved earlier. The election of the new Panchayat Institutions
should be held before the expiry of its tenure or
Directive Principles of State Policy directs the
within six months of its dissolution, as the case
government to organise village panchayats and
maybe.
make them self-sufficient to solve their local
The Legislature of a state may extend the powers and problems.
authority of the Panchayati Raj Institution.
In order to realise this directive, the Panchayati Raj
The minimum age for candidate to contest election is
System was introduced in India.
21 years.
All elections of Panchayats are conducted, supervised, Types of Rural Local Government Institutions
directed and controlled by the State Election
Commission. Rural Local Government Institutions
The State Election Commissioner is appointed by the
Governor and cannot be removed from office except in
the like manner and on the like grounds as a judge of
the High Court. Gram Panchayat/Gram Sabha Panchayat Samiti Zila
Parishad
Transfer of Subjects
Twenty-nine subjects, which were earlier in the State
Gram Sabha
list of subjects, are identified and listed in the The Gram Sabha in a village is like a tiny legislature. The
Eleventh Schedule of the Constitution. These subjects 73rd Constitutional Amendment Act, envisaged the Gram
are to be transferred to the Panchayati Raj Sabha as the foundation of Panchayati Raj System having
Institutions. powers ensured by the state legislatures. It is elected by
These subjects were mostly linked to development all adult members of the village.
and welfare functions at the local level. Powers and Functions of Gram Sabha
The actual transfer of these functions depends upon It elects the Gram Panchayat.
the State legislation.
It approves the annual budget.
Each State decides how many of these twenty-nine
The Sarpanch who is the head of Gram Panchayat is
subjects would be transferred to the local bodies.
directly elected by Gram Sabha.
 NCERT Notes INDIAN POLITY & GOVERNANCE
113

Gram Panchayats Panchayat Samiti

Gram Panchayat is an executive body elected by Gram The middle level of Panchayat system is the Panchayat
Sabha. It looks after the administration of the village. Samiti.
Gram Panchayat has an elected head who is called This is the Panchayat at the block level.
Sarpanch.
All the Sarpanchs of the Gram Panchayats in a single
The Sarpanch is directly elected by the Gram Sabha. block are members of the Panchayat Samiti.
Composition of Gram Panchayats Panchayati Samitis usually have elected chairperson.
Every village panchayat has a Pradhan who in some Panchayat Samiti has a small administrative unit
states is also called Sarpanch. headed by Block Development Officer of the area.
The village panchayat also elects the Up-pradhan and
Composition of Panchayat Samiti
various committees and their chairmen.
In absence of Pradhan. His/her duties and functions All the Pradhans and Panchs of the village panchayats
are performed by the Up-pradhan. in a block elect their representatives to the block
samiti.
There is a salaried person to maintain the accounts of
the panchayat who is generally known as the Every block samiti must have two female
Panchayat secretary. representatives, representatives from the Scheduled
Castes, Scheduled Tribes, backward classes, women
Functions of Gram Panchayats belonging to Scheduled Castes and Scheduled Tribes.
The major functions and responsibilities of Gram All the members of the block samiti elect a
Panchayats are as follows: Chairperson and Vice-Chairperson.
It provides civic facilities for the village, looks after In the absence of chairperson. The Vice-Chairperson
the roads, foot paths, water supply and electricity. performs his/her duties.
It supervises the projects for development of the All the decisions in the samiti are taken by a majority
village. vote.
It takes steps for growth of agriculture by distributing
seeds, which the government provides to it. Functions and Responsibilities of
Panchayat Samiti
It promotes cottage industries in rural areas.
It keeps registers of births and deaths. The major functions and responsibilities of Panchayat
Samiti are as follows:
It looks after the maintenance of village, library,
cleanliness of ponds and streets. To provide civic amenities for the area under its
control.
It levies and collects some taxes.
To look after the development of agriculture, cottage
Sources of Income industry, cooperatives, animal husbandry etc.
Panchayat meets its expenses through various ways: To act as a link between Gram Panchayat and Zila
Taxes on fairs, shops and houses. Parishad.
Fee from registration of purchase or sell of cattle. To educate people on various matters such as
agriculture, improving the breed of cattle and family
Sale of public property.
welfare programme.
Government Grants
To bring a change in the outlook of the people through
education and literacy.
Nyaya Panchayats
Sources of Income
■
These bodies decide small civil and criminal cases in
rural areas. These bodies have some power of The money for various functions of the block samiti are
punishment, mainly by imposing fines on the collected from two major sources:
offenders. By leving taxes
Nyaya Panchayats could bring justice to their doorstep
By obtaining grants and financial assistance from the
■

because for the villagers going to courts is costly and

takes time. state government.
■
Nyaya Panchayats function in most states but not in all. Zila Parishad
Their composition varies from state to state.
Zila Parishad is the third and highest level of the
Panchayati Raj System.
 NCERT Notes INDIAN POLITY & GOVERNANCE
114

Composition of Zila Parishad It was Lord Ripon’s Resolution of 1882, that was
Members of State Legislative assembly and the hailed as the Magna Carta of local government. Lord
Legislative Council as well as Members of Parliament Ripon got the title of the ‘father of local
from the district are members of the Zila Parishad. self-government in India’.
Zila Parishad has representative from Scheduled According to the Government of India Act, 1919, the
Tribes and Scheduled Castes. local self-government became a ‘transferred’ subject
Zila Parishad also have women representatives under the control of a responsible minister.
involving those who belong to Scheduled Castes and According to the Government of India Act, 1935,
Scheduled Tribes. dyarchy was done away with and full provincial
Zila Parishad elects a President and Vice-President autonomy was introduced.
from among its members.
They can be removed from office by a vote of
74th Constitutional
no-confidence. Amendment Act, 1992
Decisions are taken by majority vote. The 74th Constitutional Amendment Act, 1992 made
statutory provisions for the establishment, empowerment
Functions and Responsibilities of Zila and functioning of urban local self-governing institutions.
Parishad
The main provisions of the Act are :
The major functions and responsibilities of Zila Parishad
are as follows : Compulsory Provisions
To supervise the work of the Panchayat System of the Nagar Panchayats, Municipal Councils and Municipal
whole district. Corporations should be constituted.
To coordinate the development plans for the district Reservation of seats in urban local bodies for
area. Scheduled Castes/Scheduled Tribes in proportion of
Executive functions relating to agriculture, social their population.
welfare and community development. Reservation of seats for women up to one-third seats.
To advise government on the work of Panchayats and State Election Commission is constituted with
Samiti. reference to conducting elections in the Panchayati
To implement all programmes on district level. Raj bodies, should also conduct elections to the urban
local self-governing bodies.
Sources of Income Finance Commission is constituted with reference to
The sources of income of Zila Parishad are financial affairs of the Panchayati Raj bodies, should
Realisation of taxes also look into the financial affairs of the local urban
Financial grants given by the State government. self-governing bodies.
Realisation of rent from houses and shops owned by Tenure of urban local self-governing bodies is fixed at
Parishad. five years. If dissolved earlier, fresh elections should
be held within six months.

Urban Local Government Voluntary Provisions

Institutions To give voting rights to members of the Union and
State legislatures in these bodies.
Urban local government in India has its roots in
To provide reservation for Backward Classes.
pre-historic times.
To give financial powers in relation to taxes, duties,
The excavations at Harappa and Mohenjodaro reveal
tolls and fees etc.
that the cities had their own councils to manage their
own affairs. To make the municipal bodies autonomous and
devolution of powers to these bodies to perform some
The foundation of modern system of urban
or all functions enumerated in the Twelfth Schedule
government was laid by the British Government.
added to the Constitution.
Lord Mayo’s Resolution of 1870, made arrangement
To prepare plans for economic development.
for strengthening the municipal institutions and
increasing the association of Indians in these bodies.
 NCERT Notes INDIAN POLITY & GOVERNANCE
115

Types of Urban Local Bodies Employees of the state government of India including
The Constitution provides for the establishment of Chief Officer, Town Planning Engineer, Auditor,
Sanitary Inspector, Medical Officer for Health,
—
Nagar Panchayats/Municipality for transitional area
Education Officer etc.
—
Municipal Councils for smaller urban areas
—
Municipal Corporations for larger urban areas Functions of Municipal Council
The Municipal Council is responsible for:
Urban Local Government Bodies —
Water supply — Hospitals
—
Roads — Street Lighting
—
Drainage — Fire Brigade
—
Market places
Municipality/ Municipal Councils Municipal
Nagar
—
Records of Births and Deaths
Corporations
Panchayat —
Solid Waste Management
—
Maintaining Garden, Parks and Playgrounds
Municipal
ity
The type of an urban local body depends upon the size —
Providing Education to Unprivileged Children
of its population.
Sources of Income
The local bodies of cities are called Municipalities or
The various sources of income of municipal bodies are:
Municipal Committees.
Income from taxes, including on houses,
No municipality can be constituted in areas that come
under the jurisdiction of an industrial establishment entertainment, electricity, water supply, vehicles,
property etc.
that provides or proposes to provide municipal
services therein. Toll tax on commercial vehicles.
The number of these members depend upon the Commercial activities like hotels, tourist centres,
population of the city. renting and sale of municipal property and education
cess.
For the purpose of election every city is divided into a
number of wards. Financial Grants from the State government.
Some seats are reserved for Scheduled Castes, Professional tax collection from all the employers i.e.
Scheduled Tribes and Women and Other Backward government and private sectors.
Classes.
The elected representatives elect some other
Municipal Corporation
representatives who are either known as special The local body of big cities such as Delhi, Mumbai,
members or aldermen. Calcutta, Nagpur is called Nagar Nigam or Maha
The meetings of a municipality are held at regular Nagar Palika or Municipal Corporation.
intervals. These meetings are presided by a chairman. The head of Municipal Corporation is called the
Mahapaur or Mayor. The Mayor is elected by
Composition of Municipality members of the Municipal Corporation.
Every municipality elect one vice-chairperson who
performs the functions of the chairperson in his/her
Composition and Functioning of
absence. Municipal Corporation
There are permanent officials like Executive Officer, The number of elected members in Municipal
Secretary, Health Officer, Education Officer, Sanitary Corporation range between fifty and one hundred.
Inspector, Junior Inspector etc. These representatives elect special members called
the aldermen.
Municipal Council Day to day work of Municipal Corporation is looked
A Municipal Council is an Urban Local Body that after by various committees.
administers a city of population 1 lakh or more. Every committee has a chairperson. The important
committees are the Education Committee and the
Composition of Municipal Council
Public Health Committee.
The members of the Municipal Council are elected
Every Municipal Corporation has a Chief Executive
representatives for a term of five years.
Officer. He/she is appointed by the state government.
The elected members elect a President among His main function is to implement the decisions of
themselves to preside over and conduct meetings. municipal corporation.
 NCERT Notes INDIAN POLITY & GOVERNANCE
116

Many other officers such as engineers, doctors and It is established by the notification in the govt.
educationists assist him/her in work. The Chief gazette and hence, the name.
Executive Officer supervises the work of these
Only those provisions are applied to these areas
departmental heads.
which are mentioned in the gazette notification
Functions of Municipal Bodies even though they are under the State Municipal Act.
The functions of Municipalities and Municipal Its powers are almost equivalent to those of a
Corporations are generally similar: municipality. But unlike the municipality, it is an
entirely nominated body.
Health and Other Utility Services
Municipal bodies arrange for the removal of the garbage. Town Area Committee
They make rules for cleaning of drains. It is set-up for the administration of a small town.
They make arrangement for checking food adulteration. It is a semi-municipal authority and is entrusted
They make arrangement for vaccination, inoculation and with a limited number of civic functions like
injections. drainage, roads, street lighting and conservancy.
They construct public latrines and urinals. It is created by a separate act of a State Legislature.
Its composition, functions and other matters are
They make arrangement for registration of births and
governed by the act.
deaths.
It may be wholly elected or wholly nominated by
They construct and repair roads and bridges within city
the state government or partly elected and partly
limits.
nominated.
Education
Municipal bodies maintain schools for public education. Cantonment Board
They manage library, museum and zoo built for A cantonment board is established for municipal
educational purposes. administration for civilian population in the
cantonment area i.e. an area where the military
Optional Functions forces and troops are permanently stationed.
Maintenance of fire engines for extinguishing fire. It is set-up under the provisions of the Cantonments
Construction of parks, museums and toilets. Act, of 2006.
Sources of Income of Municipal Bodies It works under the administrative control of the
defence ministry of the Central government.
The main sources of income of the municipalities and
municipal corporations are as follows: A Cantonment Board has partly elected and party
nominated members within it. The tenure is of 5
Levy on goods coming into the city. It is known as
years while the nominated members (i.e., ex- officio
terminal tax or octroi.
members) continue so long as they hold the office in
Tax on houses and land. It is known as property tax. that station.
Tax on business and professions. The military officer commanding the station is the
Taxes for maintaining water supply. ex-officio President of the board and presides over
Public lighting and public hygiene. its meetings.
Rental income from municipal properties like markets The Vice-President of the board is elected by the
and houses. elected members from amongst themselves for
Annual financial grant from State government. a term of five years.
Raise loans with the approval of State government. The functions performed by a cantonment board are
like those of a municipality. The sources of income
Other Types of Urban Local include both, tax revenue and non-tax revenue.
Bodies The executive officer of the cantonment board is
appointed by the President of India. He implements
Some other important types of Urban Local bodies are : all the resolutions and decisions of the board and its
Notified Area Committee committees.
It administers two types of areas. First, a fast-developing He belongs to the central cadre established for the
town or an area which is not yet eligible to have a purpose.
municipality but is important to state government.
 NCERT Notes INDIAN POLITY & GOVERNANCE
117

Township Every state shall establish a District Planning Committee

It is established by the large public enterprises to at the district level to consolidate the plans prepared by
provide civic amenities to its staff and workers who Panchayats and Municipalities in the district and to
live in the housing colonies built near the plant. prepare a draft development plan for the district as a
A town administrator is appointed for township whole.
administration. The State Legislature has the authority to make the
following provisions :
Port Trust —
The composition of such committees.
The port trusts are established in the port areas. —
The manner in which such committee members are
They are responsible for managing shipping and elected.
trade through a commercial report. —
The functions of such committees in relation to district
They are created by an Act of Parliament and were planning.
brought under national government in 1963. —
The procedure for selecting the Chairperson of such
Special Purpose Agency committees.

These are established for some special activity Hanumath Rao Committee
or designated functions that were under the In the year 1984, a committee on district planning headed
functional domain of municipal corporation, by CS Hanumath Rao was made.
municipalities etc.
The committee gave following recommendations :
They are functional based not area based such as
Under a minister or District Collector a separate district
Housing Boards, Pollution Control Boards, Town
planning organisation should be made.
Improvement Boards etc.
Role of District Collector should be made important in
They are statutory bodies established by an act of
decentralised planning.
State Legislature or as departments by executive
resolution. Panchayati Raj Institution should also be consulted in
planning process.
They function as autonomous bodies and deal with
the functions allotted to them independently of the Committee for Metropolitan Planning
local urban governments, that is, municipal
Metropolitan areas are the primary elements of growth
corporations or municipalities and so forth. Thus,
and economic development of a country.
they are not subordinate agencies of the local
municipal bodies. Thus, enormous scale of services is required in these
areas. The Metropolitan Committee is established by
Article 243 ZE of the Constitution.
Committees Associated A Metropolitan Planning Committee shall be established
with Local Self- in each metropolitan area to prepare a draft
Government development plan.
The State Legislature has the authority to make the
To formulate of the policies for panchayati following provisions :
institutions, different committees are constituted such —
The composition of such committees. The manner in
as :
which members of such committees are elected.
District Planning Committee —
The representation of the Central government, state
Article 243ZD of the 74th Amendment of the governments and other organisations in such
Constitution requires the formation of District committes.
Planning Committees (DPCs), which is a
—
The functions of such committees in relation of
requirement for both Panchayats and metropolitan planning and coordination and the
Municipalities. manner in which chairpersons of such committees are
The District Planning Committees will be in charge elected.
of integrated planning for the district’s urban and
—
The act requires that four-fifths of the members of a
rural areas. District Planning Committee be elected from among
themselves by the elected members of the district
District Planning Committees must prepare a draft
Panchayat and municipalities.
development plan that addresses critical issues of
common interest such as water and natural
resource sharing, among other things.
CHAPTER
118 20 NCERT Notes IND IAN POLITY & GOVER NANCE

Elections and Party

System in India

Sources Class-IX New NCERT Chap 3 (Electoral Politics), Class-IX & X Old NCERT Chap 9 (Election), Chap 11 (Political Parties),
Class-X New NCERT Chap 6 (Political Parties), Chap 5 (Popular Struggles and Movements), Class-XI New NCERT Chap 3
(Election and Representation), Class-XII New NCERT Chap 2 (Era of One-party Dominance), Chap 5 (Challenges to
and Restoration of the Congress System), Class-XII Old NCERT Chap 1 (Adult Franchise and Electoral Participation),
Chap 2 (Election Commission and Election Procedure), Chap 3 (Election Reforms), Chap 4 (Political Parties and
Party Systems), Chap 5 (National and State Parties), Chap 7 (Interest Groups and Pressure Groups)

Election Mid-term Elections If the Lok Sabha or any of the state

assemblies is dissolved before the expiry of its full term
An election is a contest between political parties for and elections are held to constitute a new house, it is
getting people’s support. The party which gets the called mid-term elections.
support of largest number of people comes to power General Elections A general election is a political
and forms the government. voting election where generally all or most members of
In democratic countries, almost adult citizens a given political body are chosen. These are usually
irrespective of property, education, race, religion, held for a nation, state, or territory’s primary
gender or other differences have been given right to legislative body. First general elections for Lok Sabha
vote which is popularly known as Universal Adult were held in the year 1951.
Franchise/Suffrage. In general elections of Kerala in 1982, Electronic
India is a parliamentary democracy and its Votings Machines (EVMs) were used for the first time
governance draws its ultimate legitimacy from the in Indian elections. In the year 2004, EVMs were used
will of the people which they exercise by participating in general elections of India in all 543 seats.
in elections. Snap Poll A snap poll is an election that is called
Article 326 of Indian Constitution provides that the earlier than the one that has been scheduled. It can
Election to the House of People and to the Legislative happen by dissolution of Lok Sabha before its full
Assembly of every state shall be on the basis of adult tenure. It is usually done by head of government to
suffrage. In India, every person who is not less than 18 gain more seats in general elections the suppossed to
years of age (earlier upto 1989 it was 21 years) has happen after dissolution of government. After snap
right to vote. elections, government gets a full tenure and not
remaining tenure of previous government.
Types of Elections
Types of elections are as follows : Conditions for Disqualification of Voter
By-Elections An election which is held out of normal Constitution prescribes certain conditions under which a
schedule is called by-election. By-election takes place, citizen becomes disqualified to be a voter:
if a representative from a constituency dies while in —
A citizen with unsound mind
office and if the office falls vacant because of any —
A citizen punished for election related offences
other reason like resignation. —
A person is not a citizen of India
 NCERT Notes INDIAN POLITY & GOVERNANCE
119

Election Process Counting of Votes and Declaration of Results

In elections, voting is done by secret ballot. The After voting is over, ballot boxes are sealed and taken to
entire process of election in India is conducted, counting centres. During counting the candidates or
controlled and supervised by an independent body their representatives are present.
called Election Commission. After counting, the candidate getting a simple majority
The Election Commission fixes and announces the of the votes polled is declared elected.
dates of the elections in our country.
The entire process of elections takes place through Election Commission of India
following steps :
The Election Commission of India (ECI) is a permanent
Selection of Candidates and independent body established by the Constitution
of India to ensure free and fair elections in the country.
Political parties field and support their candidates
and organise their campaigns. Article 324 of the Constitution provides that the
Election Commission of India has power to, direct and
Every political party announces specific
control elections to Parliament, Legislatures, the
programmes and promises to implement these
President and Vice-President.
programmes in case it comes to power.
The Election Commission was established in
In case of an independent candidate, since, there is
accordance with the Constitution on 25th January, 1950.
no political party to support him, the candidate has
to organise her/his election campaign Originally, the commission had only a Chief Election
independently. Commissioner (CEC). It currently consists of Chief
Election Commissioner and two Election
Nomination Commissioners. For the first time, two Additional
After selection, the candidates have to file their Commissioners were appointed on 16th October, 1989,
nominations to the election offices, which are but they had a very short tenure till 1st January,
appointed by the Election Commission. 1990.
There is a last date for filing the nomination papers. Later on, 1st October, 1993, two additional Election
Commissioners were again appointed. The concept of
After all nominations have been filed, there is a
Multi-Member Commission, has been in operation
process called scrutiny.
since then.
Scrutiny is done to check whether the information
given in the nomination papers is correct or not. Subsequently, the Parliament for the first time enacted a
law in 1991 namely “the conditions of service of
If there is a doubt in the information filed or it is Election Commissioners for transaction of Business Act,
found that the candidate is not eligible, her/his 1991”. As amended in 1993, the Act provides that the
nomination paper is rejected. ECI shall consist of one Chief Election Commissioner
Once the scrutiny is over, candidates are given a (CEC) and not more than four Election Commissioners
date for withdrawal to ensure that there is as little (ECs).
wastage of votes as possible.
Decisions of Election Commission shall be taken
Allotment of Symbols collectively on the basis of unanimity and
majority principle. Currently Election Commission
The Election Commission allots symbols to each
is a three member body; one CEC and two other
political party and makes sure that they are not
ECs.
similar to avoid the confusion among voters.
These symbols become well-known that people Appointment and Term of Office
easily recognise the political party. The members of Election Commission are appointed by
President.
Campaigning
If other Commissioners are appointed as the members
It is the process by which a candidate tries of the Election Commission, the Chief Election
to persuade the voters to vote for her/him rather Commissioner acts as the Chairman.
than others.
The President may also appoint, after consultation with
It is done through various channels, which include the Election Commission, such regional commissioners,
meetings, podcasts, speeches, processions etc. as he may consider necessary to assist the Election
Campaigning stops 48 hours before the close of Commission in the performance of its functions.
polling time. The conditions of service of the Chief Election
Commissioner cannot be changed to his disadvantage
after his appointment.
 NCERT Notes INDIAN POLITY & GOVERNANCE
120

Removal and Resignation of

The Electoral System
Members of Election Commission
In India different electoral systems are adopted for elections to
The Chief Election Commissioner cannot be the Lok Sabha and State Assemblies, offices of President,
removed from his office except in the like Vice-President and to the Council of States and Legislative
manner on the like grounds as a judge of the Councils.
Supreme Court.
Any other Election Commissioner cannot be Plurality System (First Past the Post)
removed from office except on the recom- In this system, the country is divided into single member
mendation of the Chief Election Commissioner. territorial constituencies, usually of equal size.
Under this system, voters select a single candidate, usually
Powers and Functions of the marking against the candidate’s name.
Commission The voter who receives the highest number of votes, may be
The main powers and functions of the commission less than even half the votes polled, is declared the winner.
are: This system is popular in United Kingdom and India.
To superintend, direct and control the This system is easy to operate.
preparation of electoral rolls. It established a clear link between representatives and
Conduct elections/by-elections for Parliament, constituencies.
State Assemblies and the offices of the President Disadvantages
and Vice-President.
The system wastes many votes, those casted for loosing
Receive election petitions, appoint the tribunals candidates.
to enquire into them.
It undermines the legitimacy of government in so far as
Examine the returns of election expenses filed governments often enjoy minority support.
by the candidates.
Many social groups like minorities may
Entertain and decide the applications for remain under-represented.
removal of disqualifications.
Give recognition to political parties about their Majority System
status, as to whether they are national parties or The majority system requires that a person declared winner in a
regional parties and allot/withdraw symbols single member constituency wins by a clear majority that is
to/from political parties. getting more than 50% votes.
This can be obtained by two methods :
ECI as a Multi-Member
Commission (i)Second Ballot System
Since, its inception in 1950 till October 1989, In this system, there are single candidate constituencies and
the Commission functioned as a single member single choice voting as in first past the post system.
body consisting of the Chief Election In this system, to win the first ballot, a candidate requires an
Commissioner. overall majority of votes cast.
On 16th October, 1989 the President appointed If no candidate gains a first ballot majority, a second run off
two more Election Commissioners. ballot is held between the leading two candidates.
These two commissioners ceased to hold office This system is popular in France.
on 1st January, 1990 when those two posts of
Election Commissioner were abolished. (ii) Alternative Voting System
On 1st October, 1993, the President again In this system, there are single member constituencies.
appointed two more Election Commissioners. There is preferential voting in this system.
Law was also amended in 1993 to provide that: Voters rank the candidates in order of preference and
—
The Chief Election Commissioner and other winning candidate must gain minimum 50% of all votes cast.
Election Commissioners will enjoy equal If no candidate secures 50% in first preference, the
powers and will receive same salary, candidate with least number of votes is eliminated and his
allowances and other prerequisites. votes are redistributed according to preferences.
—
In case of difference of opinion amongst This continues until one candidate has a majority.
the Chief Election Commissioner and two This system is used in Australia and for elections of
other commissioners, the matter will be President and Vice-President in India.
decided by the Commission by majority.
 NCERT Notes INDIAN POLITY & GOVERNANCE
121

Proportional Representation System It also deals with preparation and revision of

According to this system, the parties should be electoral rolls.
represented in an assembly or Parliament in direct Main provisions of the Act are as follows :
proportion to their overall electoral strength. —
It provides provisions for delimitation of
In this system, any party or group would secure constituencies.
representation in proportion to the support it has among —
It provides for seat allocation in House of People,
the electors. Legislative Assemblies and Legislative Councils.
This is achieved by two systems : —
It provides procedure for electoral rolls
preparation and the manner of filling seats.
(i) Single Transferable Vote System —
It lays down guidelines on qualification of voters.
In this system, there are multi-member constituencies. —
It provides appointments of Chief Electoral
Party may put forward as many candidates as there are Officer, District Election Officer, Electoral
seats to fill in each constituency. Registration Officer.
Electors vote preferentially, as in alternative voting
system and candidates are elected if they achieve a Representation of People’s Act, 1951
quota. This act provides legal sanction for actual conduct
Quota is the minimum number of votes needed to elect, of elections making specific provisions to maintain
the stipulated number of candidates calculated according peace and order during election.
to the following formula: It provides fairness of electioneering and enforces
Total number of votes polled + 1
Quota 1 neutrality of Civil Services.
 Total Number of seats to be filled up + 1
Main provisions of the Act are as follows:
The votes are counted according to first preference. —
It regulates the actual conduct of elections
If not all the seats are filled, the candidate securing least and by-elections.
number of votes is eliminated and the votes are —
It provides administrative machinery for
redistributed according to second preference and so on,
conducting elections.
until all seats are filled.
—
It deals with the registration of political parties.
This system is used to elect members of Rajya Sabha and
Legislative Councils in India.
—
It specifies the qualifications and
disqualifications for membership of the Houses.
(ii) Party List System —
It provides provisions to curb corrupt practices
In this system, either the entire country is treated as a and other offences.
single constituency or it is divided into a number of large —
It lays down the procedure for settling doubts
multi-member constituencies. and disputes arising out of elections.
Parties compile lists of candidates in descending order of
preference and the list is presented to voters. Election Symbols (Reservation and
Electors vote for parties, not for candidates in this system. Allotment) Order, 1968
Parties are allocated seats in direct proportion to the votes This order is concerned with :
they gain in the election. Registration, recognition of political parties
They fill these seats from the party list. Allotment of Symbols
A minimum percentage can be fixed to exclude small Settlement of disputes between political parties
parties.
Anti-defection Law
This is the only potentially pure system of proportional
representation and therefore is fair to all parties. The 52nd Constitutional Amendment Act, 1985
provided for the disqualification of Member of
The Election Laws Parliament and Members of Legislative Assembly
Time to time different election laws have been formulated in on the ground of defection from one party to
India. Prominent ones among them are : another.
A member of a House belonging to any political
Representation of People’s Act, 1950 party becomes disqualified for being a member of
This act deals with elaborate provisions for creation of the House:
election machinery at the state, district and constituency —
if he voluntarily gives up his membership of such
level. political party.
 NCERT Notes INDIAN POLITY & GOVERNANCE
122

— if he votes or abstains from voting in such House

Empowering the commission to use Electronic Voting
contrary to any direction issued by his political party Machines, conferring disciplinary jurisdiction on the
without obtaining prior permission of such party and commission over the officers including police
such act has not been condoned by the party within appointed for conduct of elections have strengthened
15 days. the Election Commission.
An independent member of a House (elected without Printed electoral rolls have now been substituted by
being set-up as a candidate by any political party) computerised photo electoral rolls. The Elector’s
becomes disqualified to remain a member of the House Photo Identity Card (EPIC) is by now a cherished
if he joins any political party after such election. possession of all citizens.
A nominated member of a House becomes disqualified
for being a member of the House if he joins any Electoral Reforms by Election Commission
political party after the expiry of six months from the Since its inception, Election Commission has taken
date on which he takes his seat in the House, meaning several steps to reform the electoral process in India.
he may join any political party within six months of Some of them are as follows :
taking his seat in the House. —
The model code of conduct for guidance of political
Exemptions from Anti-Defection Law parties and candidates is a set of norms which has
been evolved with the consensus of political parties.
Exemptions from disqualification on grounds of
These parties have consented to abide by the
defection has been provided in the following two
principles embodied in the said code and also binds
cases:
them to respect and observe it in its letter and
—
If a member goes out of his party as a result of a spirit.
merger of the party with another party. A merger —
To check entry of criminals into politics, the
takes place when two-thirds of the members of the candidates to an election are obliged to submit an
party have agreed to such merger. affidavit in a prescribed form declaring their
—
If a member, after being elected as the presiding criminal records, including convictions charges and
officer of the House, voluntarily gives up the pending cases initiated against them.
membership of his party or rejoins it after he ceases —
The information, so furnished by the candidates is
to hold that office. This exemption has been provided disseminated to the public and media (both print
in view of the dignity and impartiality of this office. and electronic).
The provision of the Tenth Schedule pertaining to —
Limit has been put over spending in Lok Sabha and
exemption from disqualification in case of split by Assemblies elections.
one-third members of legislature party has been —
To curb rigging, Electronic Voting Machines are
deleted by the 91st Amendment Act of 2003. It means
now being used.
that the defectors have no more protection on
grounds of splits. —
To keep the spirit of democratic polity, since 1993,
Election Commission has been made multi-
member body.
Electoral Reform —
To spread reliable and accurate information about
It is the change in electoral systems to improve how elections, election laws, manuals, handbooks
public desires are expressed in election results. published by Election Commission, a website is
Election law has undergone numerous amendments to being maintained by the commission since, 28th
meet the requirements of new challenges and February, 1998.
changing situations. —
Computerisation of electoral rolls has been done.
The path-breaking changes were the lowering of age
for enrollment of elector from 21 to 18 in 1989, open
—
Electors have been provided with identity cards.
ballot voting elections to the Rajya Sabha and voting —
To encourage more young voters to take part in
through proxy for voters belonging to armed forces the political process, it has been decided to
and paramilitary forces in 2003. celebrate 25th January (from 2011) every year as
Provision for enrollment of overseas India citizens in National Voters Day.
the electoral roll was made in the most recent —
Inderjeet Gupta Committee recommended State
amendment in 2011. funding of elections, however, EC has discouraged
the idea.
 NCERT Notes INDIAN POLITY & GOVERNANCE
123

Committees and Commissions Related to Electoral Poll related advertisement at the cost of public
Reforms money and misuse of official mass media for
Committee/Commission Year coverage of political news and publicity is not
Tarkunde Committee 1974 allowed.
Dinesh Goswami Committee 1990 The code ensures that other parties get equal
Vohra Committee 1993 opportunity to hold election meetings at public
Inderjeet Gupta Committee 1998 places and use public infrastructure like helipads
Law Commission 1999 and government guest house for election.
National Commission to Review the working of the 2000–2002 From the day an election is announced, the code
Constitution prohibits ministers from sanctioning grants and
Election Commission of India Report on Proposed 2004 related payments out of discretionary funds.
Electoral Reforms Ministers and politicians are barred from laying
Second Administrative Reforms Commission of 2007 foundation stones of new projects. Ad hoc
India Report on Ethics in Governance appointments in government or PSUs disallowed.
Tankha Committee 2010
Code for Polling Day
Every party must issue badges and I-cards to
authorised workers.
Model Code of Conduct Unnecessary crowd outside candidate’s camp is
It is the Election Commission’s do’s and don’ts for parties prohibited, as it can lead to a clash between
and candidates for the period after polls are announced. contesting parties.
It has instructions on holding meetings, organising No food or refreshment can be served to voters.
processions and the conduct of parties on polling days. It The code mandates no distribution of liquor on
comes into force immediately after election polling day or 24 hours before the polls.
announcement.
Features of the Model Code of Conduct Delimitation of Constituencies
The process of allocation of number of seats and
The code prohibits parties and candidates from indulging
their demarcation into territories is known as
in activities that can cause tension between people of
process of Delimitation of Constituencies.
different regions, castes, communities or religions.
The Constitution provides that allocation of seats
Mosques, churches, temples or other places of worship
in the Lok Sabha to the states and the division of
should not be used for election propaganda. Parties must
each state into territorial constituencies shall be
ensure that their supporters do not obstruct functions of
readjusted after the completion of each census.
other parties.
The Constitution makes similar provision for
It disallows comments on private lives of leaders or
allocation of seats and demarcation of
workers of other parties.
constituencies with respect to Legislative
No party or candidate is permitted to use any individual’s Assemblies of the state.
land, building, compound wall, etc without permission, to
erect flag-staffs, suspend banners, paste notices, write Delimitation Commission of India
slogans, etc. The Delimitation Commission or Boundary
Voters are not to be intimidated or bribed to vote for a Commission of India is a commission established
party or candidate. by the Government of India in 1951 under the
It is mandatory for every party and candidate to inform provisions of Delimitation Commission Act.
police and local authorities before organising any The main task of the commission is redrawing the
procession to ensure security measures are taken and boundaries of the various assembly and Lok Sabha
steps needed to control traffic and maintain law and Constituencies.
order. Party must provide procession route map. The representation from each state is not changed
Restrictions on Ruling Party during this exercise, except the number of SC and
ST seats.
The code ensures that a party in power, at Centre or in
State, cannot use official machinery or personnel for The present Delimitation of Constituencies is
electioneering. This means, use of government transport, done on the basis of 2001 Census under the
official aircraft and other vehicles for poll campaign is provisions of Delimitation Act, 2002.
barred.
 NCERT Notes INDIAN POLITY & GOVERNANCE
124

Political Parties There is a competition between factions within

dominant party system.
Political party is an organised group of persons or
Examples of this system are Japan, India (during
bodies who come together to acquire and
exercise political power. Congress System), South Africa, etc.

Characteristics of Political Parties Bi-Party System

Parties aim to exercise government power by In bi-party system, there are two parties or two major
winning or capturing political office. political parties.
Parties are organised bodies with a formal Two party system simplifies the elector’s choice.
membership. Gives stability to the government.
Parties focus on broad issues, addressing each of the Once voted to power by a clear majority, it is unlikely
major areas of the government policy. that the party will lose confidence of the house before
The parties are united by shared political preferences the normal term ends.
and a general ideological identity, to varying degrees. The party in power gets considerable time to fulfill its
promises and work according to its programmes
Functions of Political Parties announced in election manifesto.
Political parties have many important functions in a Such system exists in United States of America.
democracy such as :
They unify, simplify and stabilise political process.
Multi-Party System
They educate, instruct and activate the electorate. In a multi-party system, many political parties come
into existence. These parties may or may not be of
This process is called as interest articulation and
equal strength.
interest aggregation.
Coalition governments are normal feature because it
They mobilise citizens to participate in politics.
becomes difficult for a single party to get the required
This function is known as socialisation and majority and form the government.
mobilisation.
It may not guarantee a stable government.
They help to express public opinion.
Such system exists in India.
They agitate against the particular policies of ruling
government on behalf of the people. Political Parties in India
Their campaign makes people aware of what would There are two types of political parties in India: National
happen if a particular policy is taken up. Parties and state (Regional) Parties.
They have a two-way relation with public opinion
as political parties are both cause and effect of public National Parties
opinion. National parties are those which generally have
influence all over the country.
Types of Party Systems A party is called a national party if it is recognised by
Types of most common party systems are as follows : the Election Commission on the formula that it should
have secured not less than 4% of the total valid votes
Single Party System
in the previous general elections, at least in four
In single party system, the Constitution do not allow states.
more than one party to exist. If people do not Major national parties in India are: Indian National
approve of a particular policy of the government, they Congress, Bharatiya Janata Party, Communist Party of
can convey their disapproval only through that party. India, Janata Dal, Communist Party of India (Marxist).
In absence of any other party, the party in power can
become authoritarian and show total disregard to Criteria for Being Recognised as National Party
the people’s wishes. A party has to fulfill any one of the following conditions
Such system existed in former USSR and China. for recognition as national policy :
A party should win 2% of seats in the Lok Sabha from
One-Party Dominant System
at least three different states.
In one-party dominant System, one party system exist At a general election of Lok Sabha or Legislative
and freely compete but one party gets much higher
Assembly, the party polls 6% of votes in any four or
support than any other party.
more states and in addition it wins four Lok sabha seats.
The opposition parties are weak and divided.
A party gets recognition as a state party in four states.
NCERT Notes INDIAN POLITY & GOVERNANCE
125

National Parties of India

Criteria for Being Recognised as State Party
Party Important Fact
A party has to fulfill any one of the following conditions for
It is founded in 1885. This party has recognition as a state policy:
greatly influenced Indian politics under
the leadership of Jawaharlal Nehru.
■
A party should secure at least 6% of valid votes polled
After 1989, the position of this party in an election to the state Legislative Assembly and
weakened due to rise of different win at least 2 seats in that state assembly.
Indian National A party should secure at least 6% of valid votes polled
regional parties.
■

Congress in an election.
It was founded in 1925 to oppose ■
A party should win minimum 3% of the total number
communalist powers in India. This party of seats or a minimum of three seats in the Legislative
is active in South India and states such Assembly, whichever is higher.
as West Bengal and Punjab.
■
A party should win atleast one seat in Lok sabha for
Communist Party of every 25 seats or any fraction thereof allotted to
India (Marxist) that State.
It was founded in 1980 by reviving ■
Under the liberalised criteria, one more clause that it
Bhartiya Jansangh. It focuses on will be eligible for recognition as state party if it secures
development of cultural nationalism. 8% or more of the total valid votes polled in the state.
This party is in power since 2014.

Bharatiya Janata Party

The Congress System
It was founded in 1964 and is based
on ideology of Marxism. It fights for The Congress party, as it was popularly known, had
social justice. This party is active in inherited the legacy of the national movement.
West Bengal and Kerala.
Congress was the only party then to have an
Communist Party of organisation spread all over the country.
India
When the final results of 1951 general elections were
This party was set-up in 1984 under the
leadership of Kanshi Ram. It struggles
declared, the extent of the victory of the Congress did
for social justice and it is active in North surprise many. The party won 364 of the 489 seats in
India. the first Lok Sabha and finished way ahead of any
Bahujan Samaj Party
other challenger.
It was founded in 1998 in West Bengal. The state elections were held with the Lok Sabha
This party also active in states like elections. The Congress scored big victory in those
Tripura, Arunachal Pradesh, elections as well. Indian National Congress ruled all
Meghalaya, etc.
over the country at the national and the state level.
All India Trianmool
Congress
Reasons for Dominance of Congress
It was founded in 1999. It focus on
ideology of democracy and Gandhism. Congress as a Social and Ideological Coalition The
This party active in Maharastra. Congress was a rainbow-like social coalition broadly
representing India’s diversity in terms of classes and
Nationalist Congress castes religions and languages and various interests.
Party
Tolerance and Management of Factions Congress as
It was founded in 2012 under the
leadership of PA Sangma. On 7th June, a coalition of factions:
2019, it was declared as a National —
accommodated all those who join it. It avoided any
party. This party active in North-Eastern
extreme position and strike a balance on almost all
states such as Manipur and Meghalaya.
National People’s Party issues.
—
maintained greater tolerance of internal differences
State (Regional) Parties and ambitions of various groups and leaders were
accommodated.
Regional parties are very powerful in particular
regions. Political Parties and Pressure Groups
They are organised around regional demands and
Interest groups can be defined as voluntary
grievances.
organisations formed to defend a particular
Some examples parties of Regional/State parties in interest in a society or to promote a cause or political
India are: DMK and AIADMK in Tamil Nadu, Telugu position without participating in actual contest for
Desam Party in Andhra Pradesh, Akali Dal in Punjab, power.
National Conference in Kashmir.
 NCERT Notes INDIAN POLITY & GOVERNANCE
126

Due to the tactics used by such groups, interest groups Associational or Professional Groups
are also called as pressure groups.
These are formed by people who come together to
In terms of their purpose, role, tactics, nature both
pursue their shared professional interests. They are
pressure groups and interest groups are often used
also called functional or protective groups.
interchangeably.
They represent a section of society like workers,
employers, consumers etc. They are based on modern
Lobbying
economic and vocational interests.
Lobbying is a technique used by interest groups to
e.g., Trade Unions, Business Groups, Farmers and
■

influence and pressurise policy makers.

Peasant Organisations.
■
The term has emerged in United States.
Cause Groups
Features of Pressure/Interest Groups They advance a general social objective and are also
known as public interest groups.
Each group works for collective interests of its members.
They promote collective social interest rather than
They primarily aim at influencing the decision making
by putting pressure from outside. selective group interest. They may or may not be
well-organised.
They do not aspire to form governments, but to change
its direction and policy in a particular manner. Their success depends more on public and media
support than lobbying. For example, groups
These groups do not fight elections.
supporting cause of preservation of environment,
These groups have limited issue focus, in that they are
protection of human rights and civil liberties, abolition
usually concerned with a specific cause or the
of capital punishment etc.
interests of a particular group.
These groups are informal, closed and unrecognised. Institutional Groups
They are within the government and attempt to exert
Difference between Political Parties and
Pressure Groups influence/pressure through machinery of the
government itself.
Political Parties Pressure Group/Interest Group
They aspire to become the
They aspire to influence the
They are important in non-democratic regimes where
government. autonomous groups are usually suppressed.
government decision making by
putting pressure from outside. They remain active in democratic regimes also a part
They contest elections. These groups do not contest of competition between elites. They try to influence
elections. They may help some the policies with regard to allocation of resources in
parties in protecting their interests.
areas of their preference for importance to be given to
They are formal, open and They are informal, closed, their role etc.
recognised part of unrecognised part of political
political system. They indirectly help other groups by supporting their
system.
cause. e.g., Civil servants, Lobbies etc.
They focus on a wide They are focused on very
range of issues. specific causes. Ad Hoc Groups
They come into existence to pressurise the
Types of Pressure Groups government for a specific objective at a time. They
There is a wide variety of pressure/interest groups in remain active or organised only till the objective is
India today. The characteristics of these groups can be achieved.
discussed as below : They can be very active for a short period. They might
survive and extend their activities as cause groups.
Social/Identity based Groups
For example, groups organised to get railway service
They are embedded in social fabric. Their membership
in a city, getting a book or an activity banned, etc.
is based on birth rather than professional or class
basis. Role of Pressure Groups
These groups can be further divided into : They provide scope for expanding political participation.
—
Community Service Groups They increase political consciousness and can be
e.g., DAV Educational Institutions, Ramkrishna reservoirs of political leadership.
Mission, Singh Sabhas etc. They are vehicles of social integration. They might
—
Communical/Social Mobilisation Groups bridge the gap between masses and elites.
e.g., Rashtriya Swayamsevak Sangh, Jamat-e-Islami, They play significant role in functional performance
Vishwa Hindu Parishad. of various political structures.
 NCERT Notes INDIAN POLITY & GOVERNANCE 127
CHAPTER 21

Special Provisions for

Some States and
Regional Aspirations

Sources Class-X New NCERT Chap 2 (Federalism), Class-XI New NCERT Chap 7 (Federalism),
Class-XII New NCERT Chap 8 (Regional Aspirations)

The Constitution has some special provisions for some —

Administration of civil and criminal justice
States given their peculiar social and historical involving decisions according to Naga Customary
circumstances. law.
Most of the special provisions pertain to the North —
Ownership and transfer of land and its resources.
Eastern States (Assam, Nagaland, Arunachal Pradesh,
The Governor of Nagaland shall have special
Manipur, Sikkim, Mizoram, etc.) largely due to their
responsibility for law and order in the state so long as
sizeable indigenous tribal population with a distinct
internal disturbances caused by the hostile Nagas
history and culture.
continue.
Special provisions also exist for other states like
In discharge of this responsibility, the Governor, after
Andhra Pradesh, Goa, Gujarat, Maharashtra, Karnataka
consulting the Council of Ministers, exercises his
and Telangana.
individual judgement and his decision is final.
The Governor has to ensure that the money provided
Special by the Central Government for any specific purpose
Provisions for is included in the demand for a grant relating to that
purpose and not in any other demand moved in the
North-East India State Legislative Assembly.
The Reorganisation of the North-East was completed
by 1972. But this was not the end of autonomy Special Provision for Tuensang District
demands There shall be a Minister for Tuensang affairs in the
in this region. Therefore, some provisions of federal State Council of Ministers. He is to be appointed from
set up were used to satisfy the autonomy demands of amongst the members representing Tuensang district
North-Eastern States. in the Nagaland Legislative Assembly.
The final decision on all matters relating to Tuensang
Nagaland district shall be made by the Governor in his discretion.
Article 371-A states that the Acts of Parliament relating Members in the Nagaland Legislative Assembly from
to the following matters would not apply to Nagaland the Tuensang district are not elected directly by the
unless the State Legislative Assembly so decides: people but by the regional council.
—
Religious and social practices of the Nagas
—
Naga Customary law and procedure
128 NCERT Notes INDIAN POLITY & GOVERNANCE

Separatist Movement Manipur

■
Among North-Eastern states, Separatist Movement started Article 371-C makes the following special provisions
in Nagaland. It was led by Angami Zaphu Phizo and a for Manipur:
section of the Nagas declared independence from India
way back in 1951.
The President is authorised to provide for the
creation of a committee of the Manipur Legislative
■
Phizo turned down many offers of negotiated settlement.
Assembly consisting of the members elected from
■
The Naga National Council launched an armed struggle
for sovereignty of Nagas. After a period of violent the hill areas of the state.
insurgency, a section of the Nagas signed an agreement The President can also direct that the Governor
with the Government of India but this was not acceptable shall have special responsibility to secure the
to other rebels. proper functioning of that committee.
The Governor should submit an annual report to
the President regarding the administration of the
Assam hill areas.
Under Article 371-B, the President is empowered to provide The Central Government can give directions to the
for the creation of a committee of the Assam Legislative State Government as to the administration of the
Assembly consisting of the members elected from the Tribal hill areas.
Areas of the state and such other members as he may
specify. Sikkim
Assam Movement: Regional Aspiration of The 36th Constitutional Amendment Act of 1975
made Sikkim a full-fledged state of the Indian Union.
People
The Assam Movement was from 1979 to 1985. The Article 371-F containing special provisions with
Assamese suspected that there were huge numbers of respect to Sikkim:
illegal Bengali Muslim settlers from Bangladesh. They The Sikkim Legislative Assembly is to consist of not
felt that unless these foreign nationals are detected and less than 30 members.
deported they would reduce the indigenous Assamese One seat is allotted to Sikkim in the Lok Sabha
into a minority. and Sikkim forms one Parliamentary
In 1979, the All Assam Student’s Union (AASU), a Constituency.
student’s group led an anti-foreigner movement. The For the purpose of protecting the rights and
movement was against illegal migrations, against interests of the different sections of the Sikkim
domination of Bengalis and other outsiders, and against population, the Parliament is empowered to
faulty voter’s register. provide for the:
The movement demanded that all outsiders who had —
Number of seats in the Sikkim Legislative
entered the State after 1951 should be sent back. The Assembly which may be filled by candidates
agitation followed many novel methods and mobilised all belonging to such sections.
sections of Assamese people, drawing support across the —
Delimitation of the assembly constituencies
state. from which candidates belonging to such
It also involved many tragic and violent incidents leading sections alone may stand for election to the
to loss of property and human lives. The movement also assembly.
tried to blockade the movement of trains and the supply The Governor shall have special responsibility for
of oil from Assam to refineries in Bihar. peace and for an equitable arrangement for
ensuring the social and economic advancement of
Assam Treaty
the different sections of the Sikkim population.
Eventually, after six years of turmoil, the Rajiv
In the discharge of this responsibility, the Governor
Gandhi-led government entered into negotiations with
shall act in his discretion, subject to the directions
the AASU leaders, leading to the signing of an accord in
issued by the President.
1985.
The President can extend (with restrictions or
According to this agreement, those foreigners who
modifications) to Sikkim any law which is in force
migrated into Assam during and after Bangladesh war,
in a state of the Indian Union.
were to be identified and deported.
 NCERT Notes INDIAN POLITY & GOVERNANCE 129

Mizoram The establishment of separate development boards

Article 371-G specifies the following special provisions for:
for Mizoram: —
Vidarbha, Marathwada and the rest of
The Acts of Parliament relating to the following Maharashtra
matters would not apply to Mizoram unless the State —
Saurashtra, Kutch and the rest of Gujarat
Legislative Assembly so decides: Making a provision that a report on the working of
—
Religious or Social Practices of the Mizos these boards would be placed every year before the
—
Mizo customary law and procedure State Legislative Assembly.
—
Administration of civil and criminal justice The equitable allocation of funds for developmental
involving decisions according to Mizo customary expenditure over the above mentioned areas.
law An equitable arrangement providing adequate
—
Ownership and transfer of land. facilities for technical educational and vocational
The Mizoram Legislative Assembly is to consist of not training and adequate employment opportunities in
less than 40 members. the state services in respect of the above mentioned
areas.
Arunachal Pradesh
Under Article 37-H, the following special provisions are Goa
made for Arunachal Pradesh: Article 371-I provides that the Goa Legislative Assembly
The Governor of Arunachal Pradesh shall have special is to consist of not less than 30 members.
responsibility for law and order in the state.
In discharge of this responsibility, the Governor, after Karnataka
consulting the Council of Ministers, exercises his Under Article 371-J, the President is empowered
individual judgement and his decisions is final. to provide that the Governor of Karnataka would
have special responsibility for:
This special responsibility of the Governor shall cease
when the President so directs. The establishment of a separate development board
for Hyderabad-Karnataka region.
The Arunachal Pradesh Legislative Assembly is to
consist of not less than 30 members. Making a provision that a report on the working of
the board would be placed every year before the
State Legislative Assembly.
Jammu and Kashmir
■
After the independence, Jammu and Kashmir had a The equitable allocation of funds for developmental
special status as per Article 370 of the Constitution. expenditure over the region.
■
Amendments to the Indian Constitution (under Article The reservation of seats in educational and
368) could apply in concurrence with the government of vocational training institutions in the region for
Jammu and Kashmir. At present, the special status students who belong to the region.
given under Article 370 no longer exists.
The reservation in State government posts in the
■
By the Jammu and Kashmir Reorganisation Act, 2019, the
State has been bifurcated into two Union Territories viz., region for persons who belong to the region.
(i) Jammu and Kashmir (ii) Ladakh. The new arrangement
has come into effect from 31st October, 2019. Andhra Pradesh or Telangana
Article 371(D) and 371(E) deal with the special
provisions for the State of Andhra Pradesh. Article
371(D) has the following special provisions for the
Special Provisions for Other State of Andhra Pradesh.
The President is empowered to make different
States provisions to provide for equitable opportunities and
Apart from North-Eastern States, the Constitution of India facilities for the people belonging to different parts of
provides special provisions for other States as well. These the state in the matters of public employment and
include Maharashtra, Gujarat, Goa, Karnataka and Andhra education.
Pradesh.
Article 371(E) has empowered the Parliament to
provide for the establishment of a Central University
Maharashtra and Gujarat in the State of Andhra Pradesh.
Under Article 371, the President is authorised to provide
that the Governor of Maharashtra and that of Gujarat
would have special responsibility for
130 NCERT Notes INDIAN POLITY & GOVERNANCE

Regional Aspiration in Punjab Punjab Treaty

The decade of 1980s also witnessed major After coming to power following the election in 1984,
developments in the state of Punjab. The social the then Prime Minister Rajiv Gandhi initiated a
composition of the state changed first with partition dialogue with moderate Akali leaders.
and later on after the carving out of Haryana and In July 1985, he reached an agreement with Harchand
Himachal Pradesh. Singh Longowal, then the President of the Akali Dal.
While the rest of the country was reorganised on This agreement is known as the Rajiv
linguistic lines in 1950s, Punjab had to wait till 1966 Gandhi-Longowal Accord or the Punjab Accord.
for the creation of a Punjabi speaking state. This was a step towards bringing normal situation in
The Akali Dal, which was formed in 1920 as the Punjab. It was agreed that Chandigarh would be
political wing of the Sikhs, had led the movement transferred to Punjab, a separate commission would be
for the formation of a Punjabi suba. appointed to resolve the border dispute between Punjab
and Haryana.
Conditions after the Reorganisation of
According to the agreement, it was decided that a
Punjab tribunal would be set up to decide the sharing of Ravi-
After the reorganisation, the Akalis came to power Beas river water among Punjab, Haryana and Rajasthan.
in 1967 and then in 1977. On both the occasions, it
The agreement also provided for compensation to and
formed a coalition government.
better treatment of those affected by the militancy in
In 1970s, a section of Akalis began to demand Punjab and the withdrawal of the application of Armed
political autonomy for the region. This was Forces Special Powers Act in Punjab.
reflected in a resolution passed at their conference
After the agreement also, Central government had to
at Anandpur Sahib in 1973. The Anandpur Sahib
impose President’s rule in the State and the normal
Resolution asserted regional autonomy and
electoral and political process was suspended.
wanted to redefine centre-state relationship in the
country. Peace returned to Punjab by the middle of 1990s. The
alliance of Akali Dal (Badal) and the BJP scored a major
A section of the religious leaders raised the question
victory in 1997, in the first normal elections in the State
of autonomous Sikh identity. The more extreme
in the post-militancy era. The state is once again
elements started advocating secession from India
preoccupied with questions of economic development
and the creation of Khalistan. Soon, the leadership
and social change.
of the movement passed from the moderate Akalis
to the extremist elements and took the form of Articles Related to Special Provisions for States
armed insurgency. Article Subject-Matter
371 Special Provisions with Respect to Maharashtra and
Operation Blue Star Gujarat
■
Extremist Akali militants made their headquarters
371 A Special Provision with Respect to the
inside the Sikh holy shrine, the Golden Temple
in Amritsar and turned it into an armed fortress. Nagaland 371 B Special Provision with Respect to
■
In June 1984, the Government of India carried out Assam
‘Operation Blue Star’, code name for army action in 371 C Special Provision with Respect to Manipur
the Golden Temple. In this operation, the Government
successfully flushed out the militants, but it also 371D Special Provision with Respect to Andhra Pradesh
damaged the historic temple and deeply hurt the 371E Establishment of Central University in Andhra Pradesh
sentiments of the Sikhs. 371F Special Provisions with Respect to the State of Sikkim
■
As a result of this event, Prime Minister Indira Gandhi
371G Special Provisions with Respect to the State of
was assassinated on 31st October, 1984 by her Sikh
bodyguards. The assassins wanted to take revenge Mizoram 371H Special Provisions with Respect to the
for Operation Blue Star. While the entire country was State of
shocked by this incident, violence broke out against Arunachal Pradesh
the Sikh community in Delhi and in many parts of
371-I Special Provisions with Respect to the State of Goa
Northern India.
371-J Special Provisions with Respect to the State of
Karnataka
 INDIAN POLITY & GOVERNANCE
NCERT Notes 131
CHAPTER 22

Constitutional and
Non-Constitutional
Bodies

Sources Class-XI Old NCERT Chap 8 (Indian Administration : Organisation and Working), Class-XII Old NCERT Chap 10 (Development
of Weaker Sections : Scheduled Castes, Scheduled Tribes and Other Backward Classes), Chap 8 (Socio-Economic
Development and Planning in India), Chap 11 (Development of Weaker Sections : Women)

Constitutional Bodies Composition, Appointment and Qualifications

Constitutional bodies are the statutory authorities Article 280 of the Indian Constitution provides for
established by the Constitution of India. The Finance Commission.
Constitution-makers have provided for setting up of It consists of a Chairman and four other members.
the The members of Finance Commission (including
following Constitutional Statutory Authorities for carrying Chairman) are appointed by the President.
out executive functions of the government efficiently :
Constitution authorises Parliament to determine
qualification of members of Finance Commission.
Finance Commission A person with experience in public affairs can be
The Finance Commissions are commissions appointed as chairman.
periodically constituted by the President of India under
Other four members should have following
Article 280 of the Indian Constitution to define the
qualifications :
financial relations between the Central Government of
India and the individual State Governments.
—
Judge of a high court or qualified to be appointed
The First Commission was established in 1951 under as judge of high court.
the Finance Commission (Miscellaneous Provisions)
—
A person with special knowledge of finance and
Act, 1951. As per the Constitution, the Commission is accounts of the government.
appointed every five years and consists of a chairman —
Person with wide experience in finance matters
and four other members. and in administration.
Finance Commission is a constitutional body, which is
—
Person with special knowledge of economics.
responsible for fiscal federalism in India. It’s
responsibility is to advise President about the fiscal
Tenure
distribution between Union and States. Every 5 years Finance Commission is constituted by
the President.
First Finance Commission was constituted on 22nd
November, 1951. Every member of Finance Commission remains in
office for the time the President mentioned in their
At present, 16th Finance Commission is working,
appointment letter.
which was constituted on 27th November, 2017.
132 NCERT Notes INDIAN POLITY & GOVERNANCE

Power and Functions His salary and other service conditions are
It has the power to ask any person for any information, determined by the Parliament. His salary is equal to
as the commission deems fit. the judge of the Supreme Court.
This commission makes recommendation to the Duties and Power
President on following matters :
The Constitution (Article 149) authorises the
—
Distribution of the net proceeds of taxes to be shared Parliament to prescribe the duties and power of the
between the centre and the states. CAG in relation to the accounts of the Union and of
—
Allocation between the states of the share from such the states.
proceeds. He audits the account related to all expenditure from
—
Any matter referred by the President in the the Consolidated Fund of India, Contingency Fund of
interests of sound finance. India and Public Account of India.
He submits his audit reports relating to the account
Comptroller and Auditor General of the Centre to the President who presents reports
(CAG) before both the houses of Parliament (Article 151).
It is the Constitutional Authority in India, established
under Article 148 of the Constitution of India.
Attorney General of India
The Constitution in Article 76 has provided for the office
He is empowered to Audit all receipts and expenditure
of the Attorney General of India. He is the highest law
of the Government of India and the State
officer in the country.
Governments, including those of autonomous bodies
and corporations substantially financed by the Appointment
Government. The President appoints a person who is qualified to be
The CAG is also the statutory auditor of appointed as a judge of Supreme Court as the
Government-owned corporations and conducts Attorney General of India.
supplementary audit of government companies.
Qualifications
The CAG is also the head of the Indian Audit and
Accounts Department. He must be a citizen of India.
He must be a judge of high court for five years
Appointment and Term He must have been an advocate of same high court for
The CAG is appointed by the President of India by a 10 years.
warrant under his hand and seal. The CAG before
He must be an eminent jurist in the opinion of the
taking over his office, makes and subscribe before the
President.
President an Oath or affirmation.
He holds office for a period of 6 years or upto the age of Term, Resignation and Allowances
65 years, whichever is earlier. He can resign any time The term of office of Attorney General is not fixed by
from his office by addressing the resignation letter to the Constitution.
the President. He holds the office during the pleasure of the
Remuneration and Allowances President.
The administrative expenses of the office of the CAG He may be removed by the President at any time, he
including all salaries, allowances and persons of may also quit his office by submitting his resignation
person serving in that office are charged upon the to the President.
Consolidated Fund of India. The remuneration of the Attorney General is not fixed
by the Constitution. He receives such remuneration as
Removal From Office
the President may determine.
He can be removed by the President on the same
grounds and in the same manner as a judge of the Duties
Supreme Court. To give advice to Government of India upon such
He can be removed by the President on the basis of a legal matters, which are referred to him by the
resolution passed to that effect by both the houses of President.
Parliament with special majority, either on the ground To perform such other duties of a legal character that
of proved misbehaviour or incapacity. are assigned to him by the President.
Independence To discharge the functions conferred on him by the
He is not eligible for further office, either under Constitution or any other law.
Government of India or of any State, after he ceases to
hold his office.
 NCERT Notes INDIAN POLITY & GOVERNANCE 133

Functions
President has assigned the following functions (duties)
NITI Aayog
to the Attorney General : National Institution for Transforming India (NITI Ayog)
was established in 2015, to replace the Planning
To appear on the behalf of the Government of India
Commission which followed top-down model.
in all cases in Supreme Court in which the
Government of India is concerned. It is a policy think-tank of Government of India.
To represent the Government of India in any It was established with an aim to achieve sustainable
reference made by the President to the Supreme development goals with cooperative federalism by
Court under Article 143. fostering involvement of State Governments of India in
the economic policy-making process using a bottom-up
To appear in any matter in any high court in any
approach.
case in which the Government of India is concerned.
Composition of NITI Aayog
Other Constitutional Bodies The NITI Aayog Council comprises:
Constitutional Body Year Function —
the State Chief Ministers
Election Commission 1950 To direct, control and
conduct elections (Article
—
the Chief Ministers of Delhi and Puducherry
324). —
Lieutenant Governors of all Union Territories
Union Public Service 1950 To conduct examinations and
Commission (UPSC) make appointments of Civil
—
a Vice-Chairman nominated by the Prime Minister.
Services and defense services Temporary members are selected from leading
(Article 315).
universities and research institutions. These members
State Public Service - To conduct examinations and include:
Commission (SPSC) make appointments of state
services (Article 315). —
Chief Executive Officer
State Finance - To review the financial position —
Four ex-officio members
Commission of the Panchayat in a state —
two-part time members
(Article 243).
National Commission for 1993 To investigate and monitor Functions of NITI Aayog
Backward Classes all matters relating to the
To evolve a shared vision of national development
safeguards provided for the
socially and educationally priorities, sectors and strategies with the active
backward classes under the involvement of states in the light of national objectives.
Constitution
To foster cooperative federalism through structured
(Article 338 B).
support initiatives and mechanising with the states on a
National Commission for 2004 To provide safeguards against
Scheduled Castes the exploitation of Scheduled
continuous basis.
Castes (Article 338). To design strategic and long-term policy and
National Commission for 2004 To provide safeguards against programme frameworks and initiatives and monitor
Scheduled Tribes the exploitation of Scheduled their progress and their efficiency.
Tribes (Article 338 A).
To provide advice and encourage partnership between
Special Officer for 2004 To provide report of linguistic
Linguistic Minorities minorities to the President
key stakeholders and national and international
(Article 350 B). like-minded think-tanks as well as Educational Policy
Research Institutions.
To create a knowledge, innovation and entrepreneurial
Non-Constitutional Bodies support system through a collaborative community of
Non-Constitutional bodies are those bodies which are national and international experts, practitioners and
not mentioned in the Constitution and are created other partners.
either by an Act of Parliament or executive order.
National Development Council (NDC)
Planning Commission It is the key of organisations to symbolise the federal
The Planning Commission was an institution in the approach to planning in India. It is a product of
Government of India, which formulated India’s Planning Commission’s recommendations.
Five-Year Plans, among other functions.
In the draft outline of First Five-Year plan, the
Planning Commission was established on 15th Commission recommended the need for a body
March, 1950 as a multi-member body with Prime comprising the Central and State Governments to
Minister as its Chairman and a full-time Vice enable the plans to have a national character.
Chairman.
134 NCERT Notes INDIAN POLITY & GOVERNANCE

Composition Composition
National Development Council is chaired by Prime Multi-member body consisting of a Chairman and four
Minister. other members.
It is comprised of: The Chairman should be a retired Chief Justice of
—
Union Cabinet Ministers India and members should be:
—
Chief Ministers of States —
serving or retired judges of the Supreme Court,
—
Chief Executives of the Union Territories —
a serving or retired Chief Justice of a High Court and
—
Members of the Planning Commission —
two persons having knowledge or practical
Functions experience with respect to human rights.
The council is required to meet at least twice a year for The Chairman and members are appointed by the
the following functions : President after consultation with six-member
committee consisting of the Prime Minister as its
To review the approach papers to the Five-Year Plans
head, the Speaker of the Lok Sabha, the Deputy
and draft Five-Year Plans.
Chairman of the Rajya Sabha, leaders of the opposition
To prescribe guidelines for the formulation of the in both the Houses of Parliament and the Central
national plan. Home Minister.
To consider the national plan as formulated by the Further, a sitting judge of the Supreme Court or a
Planning Commission. sitting Chief Justice of a high court can be
To assess resources required for implementing the appointed only after consultation with the Chief
plan and to suggest ways and means for raising them. Justice of India.
To consider important questions of social and
Functions
economic policy affecting development.
To inquire into any violation of human rights or
To review the working of the plan from time to time.
negligence in the prevention of such violation by a
To recommend such measures as are necessary for public servant, either suo motu or on a petition
achieving the aims and targets articulated in the presented to it or on an order of a court.
national plan. To intervene in any proceeding involving allegation of
violation of human rights pending before a court.
Sarkaria Commission on
To visit jails and detention places to study the living
National Development
conditions of inmates and make recommendation
Council thereon.
The Sarkaria Commission which was appointed to review
Centre-State relations has recommended that : To review the constitutional and other legal
■
NDC should be made more effective, so that is emerges safeguards for the protection of human rights and
as the supreme institution at the political level for the recommend measures for their effective
Centre-State planning relations. implementation.
■
To give it a constitutional status. To review the factors including acts of terrorism that
■
Rename and reconstitute it as National Economic and inhibit the enjoyment of human rights and
Development Council. recommend remedial measures.
National Human Rights To study treaties and other international instruments
on human rights and make recommendations for their
Commission effective implementation. To undertake and promote
(NHRC) research in the field of human rights.
It is a statutory body i.e., it is established by the Act of To spread human rights literacy among the people and
the Parliament in the year 1993. promote awareness of the safeguards available for the
The Act passed was called ‘Protection of Human protection of these rights.
Rights Act’. The Act was amended in 2006.
Removal and Resignation
The commission is the watchdog of human rights in The President can remove the Chairman or any member
the country, i.e., the rights relating to life, from the office under the following circumstances:
liberty, equality and dignity of the individual.
If he is adjudged an insolvent.
These rights are guaranteed by the Constitution or
If he engages, during his term of office, in any paid
embodied in the international covenants and
employment outside the duties of his office.
enforceable by courts in India.
It comes under the Ministry of Home Affairs.
 NCERT Notes INDIAN POLITY & GOVERNANCE 135

If he is unfit to continue in office by reason of infirmity of

Composition
mind or body.
The CVC is a multi-member body consisting of a
If he is of unsound mind and stand so declared by a Central Vigilance Commissioner (chairperson) and
competent court. If he is convicted and sentenced to not more than two vigilance commissioners.
imprisonment for an offence.
They are appointed by the President by warrant
Salaries and Allowances under his hand and seal on the recommendation of
The salaries, allowances and other conditions of service of a three-member committee consisting of the Prime
the Chairman or a member are determined by the Central Minister as its head, the Union Minister of Home
Government. But, they cannot be reduced after his Affairs and the leader of the opposition in the Lok
appointment. Sabha.
They hold office for a term of four years or until
State Human Rights Commission they attain the age of sixty-five years, whichever is
earlier. After their tenure, they are not eligible for
(SHRC) further employment under the Central or a State
The Protection of Human Rights Act, 1993, also provides Government.
provision to establish State Human Rights Commission.
A State Human Rights Commission can inquire into Removal/Resignation of Central
violation of human rights only in respect of subjects
Vigilance Commissioner
mentioned in the State List (List-II) and the Concurrent The President can remove the Central Vigilance
List (List-III) of the Seventh Schedule of the Constitution. Commissioner or any Vigilance Commissioner
from the office under the following circumstances :
Composition —
If he is adjudged an insolvent.
The State Human Rights Commission is a multi-member —
If he has been convicted of an offence which (in
body consisting of chairperson and two other members. the opinion of the Central Government) involves
The Chairperson should be a retired Chief Justice of a a moral turpitude.
High Court and members should be a serving or retired —
If he engages, during his term of office, in any
judge of a High Court or a District Judge in the state with paid employment outside the duties of his office.
a minimum of seven years’ experience as District Judge —
If he is (in the opinion of the President), unfit to
and a person having knowledge or practical experience
continue in office by reason of infirmity of mind
with respect to human rights.
or body.
The Chairperson and members are appointed by the —
If he has acquired such financial or other interest
Governor on the recommendations of a committee
as is likely to affect prejudicially his official
consisting of the Chief Minister as its head, the Speaker of
functions.
the Legislative Assembly, the State Home Minister and
the leader of the opposition in the Legislative Assembly.
—
In addition to these, the President can also
remove the Central Vigilance Commissioner or
In the case of a state having Legislative Council, the
any Vigilance Commissioner on the ground
Chairman of the Council and the leader of the opposition
of proved misbehaviour or incapacity.
in the council would also be the members of the
committee. Powers of the Commission
It is vested with the power to regulate its own
Central Vigilance Commission procedure. It has all the powers of a civil court.
(CVC) It may call for information or report from the
It is an apex Indian governmental body created in 1964 to Central Government or its authorities so as to
address governmental corruption. enable it to exercise general supervision over the
vigilance and anti-corruption work in them.
The creation of the Commission was recommended by
Santhanam Committee on Prevention of Corruption Functions of the Commission
(1962-64). It has the status of: To exercise superintendence and gives direction to
—
An autonomous body i.e. an independent body, the Delhi Special Police Establishment (DSPE) in
only responsible to the Parliament. so far as it relates to the investigation of offences
—
Free of control from any executive authority. under the Prevention of Corruption Act, 1988.
—
Charged with monitoring all vigilance activity under the To inquire or cause an inquiry or investigation to
Central Government and advising various authorities in be made on a reference by the Central
Central Government Organisations in planning, Government.
executing, reviewing and reforming their vigilance
work.
136 NCERT Notes INDIAN POLITY & GOVERNANCE

To review the progress of investigations conducted by

Functions of CBI
the DSPE into offences alleged to have been committed
under the Prevention of Corruption Act, 1988 or an It is also the nodal police agency in India, which
offence under the code of Criminal Procedure (CRPC). coordinates investigation on behalf of Interpol
Member countries.
To review the progress of the applications pending with
the competent authorities for sanction of prosecution In 1963, the CBI was established by the Government
under the Prevention of Corruption Act, 1988. of India, after the recommendations of the
Santhanam Committee on Prevention of Corruption
To tender advice to the Central Government and its
(1962-64) with a view to investigate serious crimes
organisations on such matters as may be referred to it by
related to :
them. Exercise superintendence over the vigilance
administrations of the various Central Government
—
defence of India and corruption in high posts
Ministries, Departments and Organisations of the —
serious fraud, cheating and embezzlement
Central Government. —
social crime, particularly of hoarding, black-
The Central Vigilance Commissioner (CVC) is the marketing and profiteering in essential
Chairperson and the Vigilance Commissioners (Members) commodities.
of the committee, on whose recommendations, the The Central Government can authorise CBI to
Central Government appoints the director of investigate a crime in a State but only with the
Enforcement. consent of the concerned State Government.
The Supreme Court and High Courts, however, can
Central Bureau of Investigation
order CBI to investigate a crime anywhere in the
(CBI) country without the consent of the State.
It is the premier investigating police agency in India.
The Superintendence of CBI related to investigation of Lokpal and Lokayuktas
offences under the Prevention of Corruption Act, 1988 In India, the Ombudsman are more commonly
lies with the Central Vigilance Commission (CVC). In known as the Lokpal and Lokayuktas. These are the
other matters, this superintendence lies with with the anti-corruption bodies established by the
Department of Personnel and Training (DOPT) in the Government of India via the Lokpal and Lokayukta
Ministry of Personnel, Pension and Grievances of the Act, 2013.
Government of India. The Lokpal and Lokayukta Act, 2013 mandates for
Lokpal Act, 2013 gives Lokpal the Power of the creation of Lokpal for Union and Lokayukta for
Superintendence over CBI with respect to cases referred States.
by it to CBI. It also specifies that CBI officers As per the Lokpal Act, 2013, the anti-corruption
investigating cases referred by the Lokpal can only be Ombudsman or Lokpal has the power to investigate
transferred with the approval of the Lokpal. any complaint or corruption against the public
Appointment and Composition entity including the Prime Minister.
The CBI Director is appointed, for not less than a term of However, for investigation on Prime Minister, it
2 years, by the Appointment Committee on must have the two-third majority of the Lokpal
recommendation of Selection Committee as mentioned Committee and must be on-camera.
in DSPE Act, 1946 amended through the Lokpal and Composition of Lokpal
Lokayukta Act, 2013 and CVC Act, 2003 respectively.
Lokpal is a multi-member body, consisting of a
The Appointment Committee consists of : chairperson and a maximum of 8 members.
—
Prime Minister – Chairperson Chairperson of the Lokpal should be :
—
Leader of opposition in Lok Sabha or the leader of the —
either the former Chief Justice of India
single largest opposition party in the Lok Sabha, if the
former is not present due to lack of mandated
—
the former Judge of Supreme Court
strength in the Lok Sabha member. —
an eminent person with integrity and outstanding
—
Chief Justice of India or a Supreme Court Judge ability, having special knowledge and expertise of
recommended by the Chief Justice minimum 25 years in related fields.
The Selection Committee consists of Central Vigilance Out of the maximum eight members, half will be
Commissioner as the Chairperson. Its other members are judicial members and minimum 50% of the
Vigilance Commissioners, Secretaries from Home members will be from SC/ ST/ OBC/ Minorities
Ministry and Ministry of Personnel and Public and women.
Grievances. They send recommendations to Central
Government for the appointment of CBI Director.
NCERT Notes INDIAN POLITY & GOVERNANCE 137

The judicial member of the Lokpal either a former The Inquiry Wing or any other agency will have to
Judge of the Supreme Court or a former Chief Justice complete its preliminary inquiry and submit a report to
of a high court. the Lokpal within 60 days.
The term of office for Lokpal Chairman and Members It has to seek comments from both the public servant
is 5 years or till the age of 70 years. and ‘‘the competent authority’’, before submitting its
Appointment report.
The members are appointed by the President on the
recommendation of a Selection Committee.
Central Information Commission
The Right to Information Act, 2005 provides for the
The Chairman and members of Lokpal shall be
appointed by a Selection Committee. It must consist establishment of Central Information Commission
of the Prime Minister, the Speaker of Lok Sabha, the (CIC) and State Information Commission (SIC).
Leader of opposition in Lok Sabha, the Chief Justice The CIC falls under the Ministry of Personnel.
of India or a sitting Supreme Court Judge and an It mandates appointment of Public Information Officer
eminent jurist. in every department to provide information to citizens.
Jurisdiction Appointment and Composition
The jurisdiction of Lokpal includes : The President will appoint a Chief Information
—
Current and former Prime Minister. Commissioner and Governors of state will appoint
—
Current and former Ministers of Union State Information Commissioners.
Government. The Chief Information Commissioner (on par with the
—
Current and former Members of Parliament. status currently accorded to the Chief Election
—
Current and former government employees Commissioner) will be selected by a panel comprising
at Group A, B, C, D levels. the Prime Minister, leader of the opposition in the Lok
—
Chairpersons, members, officers and directors of Sabha and a minister nominated by the Prime Minister.
any board, corporation, society, trust or The Chief Information Commissioner and State
autonomous body either established by an Act of Information Commissioner will publish an annual
Parliament or wholly or partly funded by the Union report on the implementation of the Act. These reports
or State Government. will be tabled before Parliament and State Legislature.
—
Lokpal also have jurisdiction over institutions Powers and Functions of the Commission
receiving foreign donations above ten lakh rupees The CIC and SIC looks into the complaint of
per year or such higher limit as specified. non-appointment of information officer, refusal of
Power and Functions information by officer etc. and has the power of a civil
Lokpal has powers of confiscation of assets, proceeds, court.
receipts and benefits arisen or procured by means of Act also fixes a deadline of 30 days to provide
corruption in special circumstances. information and 48 hours if it is concerned with
Lokpal has the power to recommend transfer or matters of life or liberty of a person.
suspension of public servant connected with Information will be free for people Below Poverty Line
allegation of corruption. Category. For others, fee will be reasonable.
Lokpal has the power to give directions to prevent It implements a strict penalty for not providing
the destruction of records during the preliminary information.
inquiry.
Lokpal will have power of superintendence and National Commission for Minorities
direction over any central investigation agency (NCM)
including CBI for cases referred to them by the It is a non-constitutional body set up under the National
Lokpal. Commission for Minorities Act, 1992. It was formed on 17th
May, 1993.
The Inquiry Wing of the Lokpal has been vested with
the powers of a civil court. It evaluates the progress of minorities and monitors the
working of the constitutional safeguards of minorities.
138 NCERT Notes IND IAN POLITY & GOVER NANCE
CHAPTER 23

Constitutional Amendments

Sources Class-XI New NCERT Chap 9 (Constitution : A Living Document)

Meaning of Constitutional On this basis, the Constitutional Amendments can be

of following types :
Amendment
Types of Constitutional Amendments
To facilitate socio-economic changes and national
security, our Constitution needs to be amended from
time-to-time. 1. Simple 2. Special Majority 3. Special Majority +
Majority in Legislatures of
The Process of Constitutional Amendment is both in Parliament in Half of the
rigid and flexible. It is based on the pattern of Parliament: Both the Houses States: Article
amendment process of South African separately: 368
Constitution. Article 368

The Constitution gets amended both informally and Amendment by Simple Majority
formally. Judicial pronouncements and Conventions
There are many articles in the Constitution, which can
are the two ways of informal methods.
be amended by a simple law of the Parliament.
The formal method refers to an amendment according
No special procedure for amendment is required in
to the procedure laid down in the Constitution.
such cases and there is no difference at all between an
Article 368 of the Constitution deals with the powers amendment and an ordinary law. These parts of the
of the Parliament to amend the Constitution and its Constitution are very flexible.
procedure.
The provisions of the Constitution can be amended
The procedure for Constitutional Amendment as even outside the scope of Article 368 by simple
contained in Part XX has certain distinctive features majority of the two Houses of Parliament. These
which mark out Parliament’s constituent capacity provisions include :
from its ordinary role as a Legislature. —
Admission or establishment of new states.
The Constitution cannot amend those provisions —
Formation of new states and alteration of
which form the basic structure of the Constitution as areas, boundaries or names of existing states.
ruled by Supreme Court in Kesavananda Bharati —
Abolition or creation of Legislative Councils
Case in 1973.
in States.
Types of Constitutional —
Second Schedule i.e., emoluments, allowances,
privileges and so on of the President, the
Amendments Governors, the Speakers, Judges, etc.
Article 368 under Part XX of the Indian Constitution —
Quorum in Parliament.
provides the Amendment Procedure i.e., “Parliament —
Salaries and allowances of the members of
may in exercise of its constituent power amend by Parliament.
way of addition, variation or repeal any provision of —
Rules of procedure in Parliament.
this Constitution in accordance with the procedure
laid down in this article.’’
 NCERT Notes INDIAN POLITY & GOVERNANCE 139

—
Privileges of the Parliament, its members and its There is no provision for holding a joint sitting in case
committees. of disagreement between two Houses.
—
Use of English language in Parliament.
If the bill seeks to amend the federal provisions or
—
Number of puisne Judges in the Supreme Court. structure of the Constitution, it must also be ratified by
—
Conferment of more jurisdictions on the Supreme the legislatures of half of the States by a simple
Court. majority, that is, a majority of the members of the
—
Use of official language. House present and voting.
—
Citizenship i.e., acquisition and termination. After duly passed by both the Houses of Parliament and
—
Elections to Parliament and State Legislatures. ratified by the State Legislatures (in case of federal
—
Delimitation of constituencies. provision), the bill is presented to the President for his
—
Union territories. assent.
—
Fifth Schedule i.e., administration of Scheduled The President must give his assent to the bill. He can
Areas and Scheduled Tribes. neither withhold his assent to the bill nor return the bill
for reconsideration of the Parliament.
—
Sixth Schedule i.e., administration of tribal areas.

Amendment by a Special Majority Doctrine of Basic Structure

The development of Indian Constitution was most
Provisions of the Constitution that can be amended
■

influenced by the Doctrine of Basic Structure. This

by the Parliament via special majority under Article
doctrine was established by the judiciary in
368 are: Kesavananda Bharati Case (1973).
—
Fundamental Rights ■
By this decision the powers of Parliament to the amend
—
DPSP the Constitution were put under some limitations.
—
All other categories that does not require either ■
The decision of Judiciary will be final in any case related
State’s consent or are not part of provisions that to the violation of basic Structure of Constitution.
can be amended by simple majority.

Amendment by Special Majority and

Nature of Amendments
Consent of States Some amendments are of a technical or administrative
nature and involve only clarifications, explanations and
Provisions of the Constitution that can be amended
minor modifications in the original provisions. Such
after consent of states include :
changes are amendments only in the legal sense, but in
—
Election of the President and its manner.
matter of fact, they make no substantial difference to
—
Extent of the executive power of the Union and the the provisions.
States.
For example, the provision regarding reserved seats in
—
Supreme Court and high courts. the legislatures for scheduled castes and scheduled
—
Distribution of Legislative powers between the tribes. The original provision said that these
Union and the States. reservations were for a period of ten years.
—
Any of the lists in the Seventh Schedule. However, in order to ensure fair representation of these
—
Representation of States in Parliament. sections, it was necessary to extend this period by ten
—
Power of Parliament to amend the Constitution years. Thus, after every ten years an amendment is
and its procedure (Article 368 itself). made to extend the period by another ten years.
This has led to six amendments so far. But these
Procedure for Amendment amendments have not made any difference to the
The amendment of the Constitution can be initiated original provision. In this sense, it is only a technical
only by the Parliament and not by State Legislature amendment.
through the constitutional amendment bill. The bill According to 44 Constitutional Amendment, 1978, it
can be introduced either by a minister or by a private was assumed that in our parliamentary government,
member and does not require prior permission of the the President would normally abide by the advice of the
President. Council of Ministers.
For passing of the bill, special majority (i.e. more This was only reiterated by a later amendment when
than 50% of the total membership and majority of Article 74 (1) was amended to clarify that the advice of
two/third members of House present and voting) is the Council of Ministers will be binding on the
required in both the Houses separately. President (President shall act in accordance with the
advice of the Council of Ministers.
140 NCERT Notes INDIAN POLITY & GOVERNANCE

Amendments Basic Structure of the Constitution and

through Political Constitutional Amendment
Consensus The theory of the basic structure of the Constitution had
Many amendments have been made due to the a long lasting effect on the development of the Indian
consensus among the political parties. In other sense, Constitution. This theory was advanced by the Judiciary
it can be said that some changes had to be made in in the famous case of Kesavananda Bharati (1973). This
order to reflect the prevailing political philosophy and ruling has contributed to the evolution of the
aspirations of the society. In fact, many of the Constitution in the following ways:
amendments of the post-1984 period are instances of It has set specific limits to Parliament’s power to
this trend. amend the Constitution. It says that no amendment
Starting with the anti-defection amendment (52nd can violate the basic structure of the Constitution.
amendment), this period saw a series of amendments It allows Parliament to amend any and all parts of the
in spite of the political turbulence. Apart from the Constitution (within this limitation).
anti-defection amendments (52nd and 91st), these
It places the Judiciary as the final authority in deciding
amendments include the 61st amendment bringing
if an amendment violates basic structure and what
down the minimum age for voting from 21 to 18 years,
constitutes the basic structure.
the 73rd and the 74th amendments, etc.
In this same period, there were some amendments Review of the Constitution
clarifying and expanding the scope of reservations in In the late nineties, efforts were made to review the
jobs and admissions. After 1992-93, an overall entire Constitution. In the year 2000, a commission to
consensus emerged in the country about these review the working of the Constitution was appointed
measures and therefore, amendments regarding these by the Government of India under the Chairmanship of
measures were passed without much difficulty (77th, a retired Chief Justice of the Supreme Court, Justice
81st, and 82nd amendments). Venkatachaliah.
Opposition parties and many other organisations
Controversial Amendments boycotted the commission. While a lot of political
The 38th, 39th and 42nd amendments have been the
controversy surrounded this commission, the
most controversial amendments so far. These three
commission stuck to the theory of basic structure and
amendments were made in the background of internal
did not suggest any measures that would endanger the
emergency declared in the country from June 1975.
basic structure of the Constitution. This shows the
They sought to make basic changes in many crucial
significance of the basic structure doctrine in our
parts of the Constitution.
constitutional practice.
The 42nd amendment was particularly seen as a
In many decisions, the Supreme Court had held that
wide-ranging amendment affecting large parts of the
reservations in jobs and educational institutions
Constitution. It was also an attempt to override the
cannot exceed 50% of the total seats. This has now
ruling of the Supreme Court given in the Kesavananda
become an accepted principle. In the case involving
Bharati Case. Under this amendment, even the
reservations for Other Backward Classes, the Supreme
duration of the Lok Sabha was extended from five to
Court introduced the idea of creamy layer and ruled
six years. Fundamental Duties were included in the
that persons belonging to this category were not
Constitution by this amendment act.
entitled to benefits under reservations.
The 42nd amendment put restrictions on the review
The Judiciary has contributed to an informal amendment
powers of the Judiciary. It made changes to the
by interpreting various provisions concerning Right to
Preamble, to the Seventh Schedule of the Constitution
Education, Right to Life and Liberty and the Right to
and to Article 53 of the Constitution.
Form and Manage Minority Educational Institutions.
Many Member of Parliament belonging to the These are instances of how rulings by the Court
opposition parties were in jail when this amendment contribute to the evolution of the Constitution.
was passed in Parliament. In this backdrop, elections
After the Supreme Court gave the ruling in the
were held in 1977 and the ruling party ‘Congress’ was
Kesavananda Bharati Case, some attempts were
defeated.
made to ask the Court to reconsider its ruling. When
The new government thought it necessary to these failed, the 42nd Amendment was made and
reconsider these controversial amendments and Parliamentary supremacy was asserted. But the court
through the 43rd and 44th amendments, cancelled again repeated its earlier stand in the Minerva Mills
most of the changes that were affected by the 38th, case (1980).
39th and the 42nd amendments. The constitutional
balance was restored by these amendments.
NCERT Notes INDIAN POLITY & GOVERNANCE 141

List of Important Amendments to Indian Constitution

Amendment Year Provisions
1st 1951 Added special provision for the advancement of any socially and economically backward classes or for the
Scheduled Castes and Scheduled Tribes (SCs and STs). To fully secure the constitutional validity of zamindari
abolition laws and to place reasonable restriction on freedom of speech. A new constitutional device, called
Schedule ninth introduced to protect against laws that are contrary to the Constitutionally guaranteed Fundamental
Rights. These laws encroach upon property rights, freedom of speech and equality before law.
2nd 1952 Removed the upper population limit for a parliamentary constituency by amending Article 81(1)(b).
7th 1956 Reorganisation of states on linguistic lines, abolition of Class A, B, C, D states and introduction of Union
territories. 10th 1961 Incorporation of Dadra and Nagar Haveli as a Union Territory, consequent to acquisition from Portugal.
12th 1961 Incorporation of Goa, Daman and Diu as a Union Territory, consequent to acquisition from
Portugal. 13th 1962 Formation of State of Nagaland, with special protection under Article 371A.
14th 1962 Incorporation of Pondicherry into the Union of India and creation of Legislative Assemblies for Himachal Pradesh,
Tripura, Manipur and Goa
24th 1971 Enabled Parliament to dilute Fundamental Rights through amendmentsto the Constitution under Articles 13 and 368.
26th 1971 Abolition of privy purse paid to former rulers of Princely States, which were incorporated into the Indian Republic.
31st 1973 Increase size of Parliament from 525 to 545 seats. Increased seats going to the new states formed in North-East India
and minor adjustment consequent to 1971 Delimitation exercise.
36th 1975 Formation of Sikkim as a state within the Indian Union.
39th 1975 Amendment designed to negate the judgement of Allahabad High Court invalidating Prime Minister Indira
Gandhi’s election to Parliament. Amendment placed restrictions on judicial scrutiny of post of Prime Minister.
42nd 1977 Amendment passed during internal emergency by Indira Gandhi. Provides for curtailment of Fundamental
Rights, imposes Fundamental Duties and changes to the basic structure of the Constitution by making India
a‘Socialist Secular’ Republic.
44th 1979 Amendment passed after revocation of internal emergency in the country. Provides for human rights safeguards
and mechanisms to prevent abuse of executive and Legislative authority. Annuls some Amendments enacted in
Amendment Bill 42.
45th 1980 Extend reservation for SCs and STs and nomination of Anglo Indian members in Parliament and State Assemblies
for another ten years i.e. up to 1990.
52nd 1985 Anti Defection Law which provided disqualification of members from Parliament and assembly in case of defection
from one party to other. However, parts of the Tenth Schedule to the Constitution of India was struck down by the
Supreme Court in the case of Kihoto Hollohan v. Zachillhu 1992 SCR (1) 686, for being in contravention with Article
368 of the Constitution.
70th 1991 Include National Capital Territory (NCT) of Delhi and Union Territory of Pondicherry in Electoral College for
Presidential election.
76th 1994 Enable continuance of 69% reservation in Tamil Nadu by including the relevant Tamil Nadu Act under
9th Schedule of the Constitution.
89th 2003 The National Commission for Scheduled Castes and Scheduled Tribes was bifurcated into the National Commission
for Scheduled Castes and the National Commission for Scheduled Tribes.
91st 2004 Restrict the size of Council of Ministers to 15% of Legislative members and to strengthen Anti Defection
laws. 92nd 2004 Include Bodo, Dogri, Santhali and Mathili as official languages.
93rd 2006 To enable provision of reservation (27%) for Other Backward Classes (OBCs) in government as well as private
educational institutions.
99th 2015 Formation of National Judicial Appointment Commission.
100th 2015 Exchange of certain enclave territories with Bangladesh and conferment of citizenship rights to residents of
enclaves consequent to signing of Land Boundary Agreement (LBA) Treaty between India and Bangladesh.
101st 2017 Introduced the Goods and Services Tax.
102nd 2018 Constitutional status to National Commission for Backward Classes.
103rd 2019 A maximum of 10% reservation for Economically Weaker Sections (EWSs) of citizens of classes other than the
classes mentioned in clauses (4) and (5) of Article 15, i.e. Classes other than socially and educationally backward
classes of citizens or the Scheduled Castes and the Scheduled Tribes. Inserted Clause (6) under Article 15 as well
as inserted Clause (6) under Article 16.
104th 2020 To extend the reservation of seats for SCs and STs in the Lok Sabha and States Assemblies from Seventy years to
Eighty years. Removed the reserved seats for the Anglo-Indian community in the Lok Sabha and State
Assemblies
105th 2021 To restore State’s power to make their own OBC lists. Annulling Supreme Court judgement of 11th May, 2021.
 NCERT Notes INDI AN POLITY & GOVER NANCE
CHAPTER
142 24

Political Theories
and Ideologies

Sources Class-XI New NCERT Chap 1 (Political Theory : An Introduction), Chap 4 (Social Justice), Chap 5 (Rights, Chap 6 Citizenship),
Chap 7 (Nationalism), Chap 8 (Secularism), Chap 9 (Peace), Class-XII Old NCERT Chap 1 (Law), Chap 2 (Liberty),
Chap 3 (Equality), Chap 4 (Justice), Chap 5 (Human Rights), Chap 6 (Dharma), Chap 12 (Liberalism), Chap 13 (Socialism),
Chap 14 (Marxism), Chap 15 (Facism), Chap 16 (Gandhism), Chap 17 (Humanism)

Political Theory: An Different Views on Law

Introduction Law is understood through two different views:
Normative View This view tends to argue that laws
Political theory is the philosophical study of embody fundamental truth about processes of nature.
government, addressing questions about the nature,
scope and legitimacy of public agents and institutions Positivistic View This view argue that laws are rules
and relationships between them. of conduct in a defined community. They are a
system of legal conditions to regulate human
Political theory engages questions of a broader scope,
conduct in society.
tackling the political nature of phenomena and
categories such as identity, culture, sexuality, race Sources of Law
wealth, human-non-human relations, ecology, religion The sources of law can be varied. Some of them are
etc. discussed below :
The theories of politics include liberty, justice, property,
rights, law and the enforcement of laws by authority. Natural Law
The idealistic source of law is natural law. It is
Law referred to as expression of ‘right reason’ of man.
A law is a set of generally accepted rules and It is supposed to embody universal common
regulations governing inter-relationships in human agreement based on human intelligence and
society seeking to create order and balanced understanding.
development of all. In ancient India, Dharma was one such concept. It
The term law has different connotations. It may mean was concerned with goals of law.
rules telling people what they ought to do or it may
Other Sources of Law
imply that there are certain regularities in nature and
society. Other sources of law include the following:
According to Austin, ‘‘law is a command having for its
—
Constitutions — Statutes
sanction the force of the physical power of the state.’’ —
Conventions — Treaties
Holland declared “A law is a general rule of external
—
Administrative Rules and Regulations
action enforced by a sovereign political authority”. —
Orders of Executives
Barker emphasises that every law must have ‘validity’ —
Decisions of Courts
as well as ‘value’.
 NCERT Notes INDIAN POLITY & GOVERNANCE
143

Types of Law Economic Liberty It provides an opportunity to get all

There are following two types of laws : basic things of sustenance, without depending on the
will of somebody else.
Private Law
Moral Liberty It consists in the pursuit of the universal
It refers to those rights, goods and services which objects i.e. of objects which impart character and
would be secured to the individual regardless of the solidarity to society.
existence of the state.
It includes such things as family laws, property laws Harm Principle
and laws of succession. In such cases the role of state ■
John Stuart Mill stated ‘Harm Principle’ in his essay
is merely to recognise and enforce the relevant law. On Liberty.
It refers to the civil society. ■
Mill distinguishes between ‘self-regarding’ action i.e.
those actions that have consequences only for the
Public Law
individual actor and nobody else and ‘other regarding’
It is related to the rights of the citizens and the state. actions i.e. those actions that also have consequences for
Some examples of public laws are international law, others.
municipal law, constitutional law, administrative ■
He argues that with respect to actions or choices that
law etc. affect only one’s self, self-regarding actions, the state (or
any other external authority) has no business to
interfere.
Liberty
The term liberty is a synonym of freedom. It is a state of
being free in society from control or oppressive Equality
restrictions of the authority. Equality is one of the central themes of social and political
Two Concepts of Liberty theory.
There are mainly two senses in which the concept of Types of Equality
liberty is used i.e., Negative and Positive. There are three different types of equalities :
Negative Liberty Political Equality Political equality is best guaranteed
The negative view implies that people ought to be in a democracy on which each citizen is to count for
protected from undue interference of the state. one. In democratic societies political equality would
normally include granting equal citizenship to all the
It implies an area in which man can do what he likes
members of the state.
to do without being obstructed by others. Such was
the view of Locke and Mill in England and Civil Equality or Equality before law It is basic
Tocqueville in France. precondition for freedom. It means that law will not
depend on whims and fancies or partiality of those who
Positive Liberty rule.
The positive view of liberty implies following : Economic Equality It aims as creating more and more
The right to participate in sovereign authority. equality by reducing the power of landlords and
The ability to live according to one’s own conscious capitalists to exploit peasants and workers respectively.
purposes, to act and decide oneself rather than be
acted upon and decided by others. Natural and Social Inequalities
Natural Inequalities These inequalities emerge between
Types of Liberty
■

people as a result of their different capabilities and

There are three types of liberty: Political, Economic and talents. Natural inequalities are considered to be the
Moral. result of the different characteristics and abilities with
which people are born.
Political Liberty It means the maintenance of an ■
Social Inequalities These inequalities are created by
atmosphere in which the state does not interfere in society. Certain societies may treat people of different
an individual’s life without sufficient and compelling race or colour or gender or caste differently.
reasons.
 NCERT Notes INDIAN POLITY & GOVERNANCE
144

Justice Social Justice

The word justice is derived from the Latin word A society would be considered unjust if the
‘jungere’ meaning to bind together and just meaning a bond differences between rich and poor are so great that
or tie. they seem to be living in different worlds altogether
and if the relatively deprived have no chance to
Dichotomies in the Concept of Justice improve at all despite of hard work.
Three important dichotomies in the concept of justice are : In other words, a just society should provide people
Legal and Moral Justice Legal justice deals with the with the basic minimum conditions to enable them
principles and procedures as laid down by the system of to live healthy and secure lives and develop their
law prevailing in a state. Moral justice deals with what is talents as well as equal opportunities to pursue their
right and what is wrong. It is not necessary that chosen goals in society.
everything that happens in court of law is justice. It may
Social Justice in India
be legally right but can be criticised from moral angle as
injustice. Indian Constitution accepted the goal of social
justice from the beginning.
General Order and Individual Interest Justice on the
one hand is for the general order of society as a whole The Preamble of Indian Constitution proclaims that
and on the other it protects the individual. Criminal law the Democratic Republic of India stands committed
is the best example of this dichotomy. to securing to all its citizens ‘Justice: social,
economic and political’.
Conservative and Social Justice According to some
people, justice implies status quo. It seeks to protect The state has provided free and compulsory
freedom, person and property of the individual. This is education to children. Special steps have been taken
called conservative justice. Social justice seeks to reform to improve the social status and economic condition
society in accordance with current idea of what is right of the Scheduled Castes and Scheduled Tribes.
or fair. The state has positively discriminated in their favour
by giving them preferential treatment in schools,
Concepts of Justice colleges and employment.
In the history of ideas, there are two major concepts of
justice : Rights
Numerical Concept of Justice A right is essentially an entitlement or a justified claim.
It denotes what we are entitled to as citizens, as
It gives equal share to all.
individuals and as human beings. Rights are primarily
It means that even unequal would be treated as equal. those claims that along with others regard to be
The holding of an office did not call for any special necessary for leading a life of respect and dignity.
knowledge or qualification.
Modern liberal democracies are also based on this Kinds of Rights
principle. There are different kinds of rights as follows :
Geometrical Concept of Justice Political Rights
It is a concept of proportionate equality. Political rights give to the citizens the right to
It means equal share to equals and unequal share to equality before law and the right to participate in the
unequals. political process.
It also means that distribution of power and patronage They include such rights as the right to vote and
should be proportionate to the worth or contribution of elect representatives, the right to contest elections,
the individual. the right to form political parties or join them.
Political rights are supplemented by civil liberties.
John Rawls Theory of Justice Economic Rights
Rawls argues that the only way that people can arrive at a fair
People require certain facilities like an adequate
and just rule is if they imagine themselves to be in a situation
in which they have to make decisions about how society wage to meet their democratic societies are
should be organised. Although, these people they do not beginning to recognise these obligations and
know which position they would themselves occupy in that providing economic rights.
society. Rawls describes this as thinking under a veil of In some countries, citizens, particularly those with
ignorance. low incomes, receive housing and medical facilities
from the state.
 NCERT Notes INDIAN POLITY & GOVERNANCE
145

Cultural Rights Third-Generation Human Rights

The right to have primary education in one’s mother These rights have evolved in response to various new
tongue, the right to establish institutions for teaching concerns over which international consensus has
one’s language and culture, are today recognised as emerged in recent years.
being necessary for leading a good life.
These include environmental, cultural and
Human Rights developmental rights.
Human rights primarily revolve around the basic
theme of survival and well-being of human beings and Citizenship
respect for humanity and human dignity. Citizenship has been defined as full and equal
The term ‘human rights’ has two meanings: membership of a political community. In the
contemporary world, states provide a collective political
—
First, human rights are those inherent and
identity to their members as well as certain rights.
inalienable rights which are due to a person simply
because of being human. Full and Equal Membership
—
Second, human rights are those rights that pertain Full and equal membership means that all citizens,
to legal rights. Legal rights are established according rich or poor, should be guaranteed certain basic rights
to the law-making processes. and a minimum standard of living by the state.

Universal Declaration of Human Rights Equal Rights

■
Article 1 of the charter states that one of the aims of the Different groups of people may have different needs
United Nations is to achieve international cooperation and problems and the rights of one group may conflict
in promoting and encouraging respect for human rights with the rights of another.
and fundamental freedoms of all without any
distinction related to race, sex, language or religion. Equal rights for citizens need not mean that uniform
■
10th December is observed as Human Rights Day.
policies have to be applied to all people since
■
The Universal Declaration of Human Rights comprises
different groups of people may have different needs.
of a Preamble and 30 articles.
■
To give legal sanction to human rights, the General
Nationalism
Assembly on 16th December, 1966 adopted two During the last two centuries or more, nationalism has
covenants : emerged as one of the most compelling of political
—
The International Covenant on Economic, Social and creeds which has helped to shape history.
Cultural Rights
—
The International Covenant on Civil and Political
Concept of Nation
Rights Nations are constituted by a group who share certain
features such as descent or language or religion or
ethnicity.
Classification of Human Rights
A nation is to a great extent an ‘imagined’ community,
The human rights may be classified into three categories:
held together by the collective beliefs, aspirations and
First Generation Human Rights imaginations of its members. It is based on certain
The first generation human rights are mainly assumptions which people make about the collective
concerned with the civil and political rights of the whole with which they identify.
individual. Characteristics of a Nation
They include right to life, liberty, security of a person, A nation has following characteristics :
freedom from torture and slavery and political
participation. Shared Beliefs
Second Generation Human Rights It is constituted by belief.
It refer to the collective identity and vision for the
The second generation human rights are rights, which
future of a group which aspires to have an
can be termed as security-oriented rights.
independent political existence.
These rights provide social, economic and cultural
A nation exists when its members believe that they
security.
belong together.
 NCERT Notes INDIAN POLITY & GOVERNANCE
146

Shared History Pacifism

People who see themselves as a nation also embody Pacifism preaches opposition to war or violence as a
a sense of continuing historical identity. means of settling disputes.
Nations perceive themselves as stretching back into It covers a spectrum of views ranging from a preference
the past as well as reaching into the future. for diplomacy in resolving international disputes to
They articulate for themselves a sense of their own absolute opposition to the use of violence or even force,
history by drawing on collective memories, legends, in any circumstance.
historical records, to outline the continuing identity
of the nation. Contemporary Challenges for Peace
Terrorism and use of biological and chemical weapons are
Territory
the contemporary challenges for peace.
Nations identify with a particular territory.
Terrorism The rise of terrorism is partly a response to
Sharing a common past and living together on a the self-serving and ham-handed conduct of the
particular territory over a long period of time gives aggressive states. Terrorists currently pose a great threat
people a sense of their collective identity. to peace through an adroit and ruthless use of modern
Shared Political Ideals weapons and advanced technology more generally.
It is shared a vision of the future and the collective Use of Biological and Chemical Weapons The use of
aspiration to have an independent political biological/chemical/nuclear weapons of mass
existence that distinguishes groups from nations. destruction by these forces remains a frightening
Members of a nation share a vision of the kind of possibility.
state they want to build.
Secularism
They affirm among other things a set of values and
principles such as democracy, secularism and Secularism is a normative doctrine which seeks to
liberalism. realise a secular society i.e. one devoid of either
inter-religious or intra-religious domination.
National Self-Determination It promotes freedom within religions and equality
Nations seek the right to govern themselves and between, as well as within religions.
determine their future development. They seek the
right to self-determination. Secular State
A nation seeks recognition and acceptance by the A secular state must not only refuse to be theocratic but
international community of its status as a distinct also have no formal, legal alliance with any religion.
political entity or state. A secular state must be committed to principles and
The claims to self-determination are linked to the goals which are at least partly derived from
desire to form a state in which the culture of the non-religious sources.
group is protected if not privileged. The ends of a secular state should include peace,
religious freedom, freedom from religiously grounded
Peace oppression, discrimination and exclusion, as also inter-
Peace should be understood as absence of violent religious and intra-religious equality.
conflict of all kinds including war, riot, massacre,
assassination or simply physical attack.
Models of Secularism
Two models of secularism are :
Eliminating Violence The mainstream Western conception best represented by
Violence does not originate merely within the the American state.
individual psyche; it is also rooted in certain social An alternative conception best exemplified by the Indian
structures. state.
The elimination of structural violence necessitates
the creation of a just and democratic society. Western Model of Secularism
Peace is not an end-state, but a process involving an In American model of secularism separation of religion
active pursuit of the moral and material resources and state is understood as mutual exclusion.
needed to establish human welfare in the broadest The state will not intervene in the affairs of religion and
sense of the term. in the same manner, religion will not interfere in the
affairs of the state.
 NCERT Notes INDIAN POLITY & GOVERNANCE
147

Indian Model of Secularism They believed that the interests of individuals were tied
Indian model secularism is fundamentally different to the social interests.
from Western model secularism. They linked up the idea of individual good to common
Indian secularism does not focus only on good.
church-state separation and the idea of They realised that each individual was entitled to equal
inter-religious equality is crucial to the Indian opportunity.
conception. Green insisted that individual freedom and fulfillment
Indian secularism deals not only with religious were attainable only through society.
freedom of individuals but also with religious These liberals pleaded that the problem of distribution
freedom of minority communities. Within it, an demanded an active interference of the state in the
individual has the right to profess the religion of his economic life of society.
or her choice. Likewise, religious minorities also The state was conceived as community of communities.
have a right to exist and to maintain their own
culture and educational institutions. Phase Three
There has been a resurgence of libertarian doctrines in
Dharma the name of human dignity and autonomy.
Dharma is primarily an Indian concept. Its roots gar This is leading liberalism on the one hand to the 19th
back to ancient Indian philosophy and thought. century individualism and on the other to a concept of
Ancient Indians realised its importance and justice.
emphasised that human life should be governed by
the precepts of Dharma. Concept of Welfare State
Concept of welfare state is a product of thinking of
Meaning of Dharma liberals of the second phase.
The word ‘Dharma’ is derived from the Sanskrit In 1930s, Roosevelt initiated ‘New Deals Programmes’
word-root ‘dhr’ that means to adopt, to support on similar lines.
or to sustain.
The governments were expected to ensure the end of
It refers to the moral concerns of human beings. domination by a property owning bourgeoisie and
It is often associated with religion or spirituality. maximise individual opportunity.
It cannot be identified with any particular religion. Welfare state tried to make education widely available.
It regulated hours of work, wages and working conditions
Liberalism of labour, tried to curb employment of children in
Liberalism is a doctrine that emerged out of the factories and monopolistic tendencies in economy.
Enlightenment, the Glorious Revolution in England
Rawlsian Idea of Liberty and State
and the French Revolution.
Rawls introduced a change in the liberal concept of
Phases in Evolution of Liberalism justice.
Liberalism evolved as a doctrine in following phases: Thus he expressed the idea, “the state must arrange the
scheme of benefits and burdens so that the least
Phase One
advantaged may share the resources of the fortunate”.
The doctrine of liberty was tied to doctrine of
equality. Keynesian Idea of Liberalism
The word ‘Liberty, Equality, Fraternity’ were The revolution in the economic thought was brought
embodied in French Revolution. about by Maynard Keynes and the report of Lord
The American Declaration of Independence also Beveridge on social insurance.
embodied the same ideas. The social insurance was treated as a part of a
Liberals in this phase rejected the aristocratic claim comprehensive policy of social progress.
on the basis of birth or heredity. While state should try to secure notional minimum for
all, it should leave enough room for voluntary action.
Phase Two
The doctrine of liberalism was modified in the Empirical Liberalism
later half of the 19th century by thinkers like JS Empirical liberals like Robert Dahl and Schumpeter
Mill and TH Green. treat democracy as a mechanism to bring about
equilibrium in society.
 NCERT Notes INDIAN POLITY & GOVERNANCE
148

Empirical liberals are not concerned with moral

issues. Marxism
They regard the ideas of Mill and others as Utopian. Marxism is a method of socio-economic analysis that
uses a materialist interpretation of historical
For empirical liberals, democracy is essentially a
development, better known as historical materialism to
competition between two or more elite groups for
understand class relations and social conflict as well as a
power to govern society.
dialectical perspective to view social transformation.
Socialism It originates from the works of 19th century German
philosophers Karl Marx and Friedrich Engels.
Socialism as an ideology includes variety of doctrines
such as anarchism, syndicalism and democratic As Marxism developed over time into various branches
socialism. Some of them are authoritarian and some and schools of thought, there is no single definitive
are democratic. Marxist theory.
Marx agreed with Hegel that history is a process but
Genesis and Development of disagreed about the nature of process.
Socialism While Hegel interpreted human history in terms of the
Socialism emerged as a reaction to the rise and primacy of ideas and consciousness, Marx did so in
development of capitalism. terms of the primacy of material forces.
People began to realise the consequences of According to him, the agents of change are means of
capitalism and why there was so much of poverty production and the mode of production.
amidst the plenty.
Karl Marx argued that capitalism contained the
Tenets of Marxism
seeds of its own destruction. He defined following The main tenets of Marxism are as follows :
features of socialism : —
Dialectical Materialism
—
Egalitarian Society Socialism insists on human —
Historical Materialism
fellowship, which denies or expels distinction of —
Class Struggle
class, caste or colour. It aims at reasonable —
Critique of Capitalism
equality in society so that all are able to face —
Revolution and Dictatorship of the Proletariat
each other on equal terms. —
Emergence of Classless Society
—
Satisfaction of Basic Needs Socialists argue that
the motive of profit ought to be replaced by These tenets are discussed in detail as follows :
motive of service. Limitations of Marxism
—
Common Ownership Socialism believes in
Various limitations of Marxism are discussed below :
common ownership and control of means
of production, e.g. Land, power and banks. Ethnocentrism
—
Ideal of Service Socialism emphasises the Marxism did not adequately grasp the significance of
responsibility of all citizens to the common good nationalist and patriotic sentiments.
or general welfare. His doctrine is ethnocentric.
Types of Socialism Simplistic Understanding
Unlike Marx, Socialists regarded state as autonomous Marx underestimated the capacity of capitalism to
of economic forces. They thought that state had enough change itself.
potential to bring about redistribution of economic
He understood classes and their conflict but had no
and political power in society. Different types of
adequate idea of other societies and their peculiar
socialism adopted different tactics:
institutions.
Chartists Extension of Suffrage
Naive Anti-Statism
Democratic Socialists Protective State
Marx ignored that no state can survive for long unless it
Fabian Socialists State as an instrument of Reform rises above particular interests and works for wider
Syndicalism Producer State in which industries interests of society.
governed themselves Marxism did not have a theory of State.
Guild Socialism Governance through Trade Union
Organisations.
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Lenin Evaluation of Fascism

■
The country where the First Marxist Revolution Fascism can be evaluated from the following three points of
took place was Russia and the ideological leader view :
was VI Lenin.
As an Ideology
■
In a Pamphlet, ‘What is to be Done’ (1902), Lenin
rejected the doctrine of the inevitable decline of
—
Ideologically, fascism is against humanism.
capitalism. —
It is anti-humanitarian and sought to destroy some of
■
Lenin tried to explain why Socialist Revolution the most cherished human values-rights and interests,
had failed to materialise in the West. freedom and equality in the name of the supremacy of
■
In 1916, Lenin published Imperialism: The nation-state.
Highest Stage of Capitalism in which he argued —
Fascism destroys individual in the name of the state.
that monopoly capitalism inevitably leads to
national and international cartels of trusts and As a Movement
monopolies. —
As a movement, fascism appeared in Italy after the first
Mao World War.
■
In China, Mao Ze Dong was mainly responsible —
With the advent of Mussolini in 1922, the movement
for the revolution. got momentum.
■
He created peasant based armies. As a System of Government
■
Once in power, he tried to being about basic
industrialisation and increase in agricultural
—
Fascism is a government based on the denial of human
production. rights and interests.

Gandhism
Fascism Gandhi’s views are known as Gandhism. There are a set of his
ideas which have exercised enormous influence on different
Fascism was essentially a product of the forces
people in the same way as other ideologies have influenced.
released as a result of World War.
Some of his important ideas can be summarised under five
Fascists argued that the state is the nation. heads:
It is identified with the society.
Critique of Western Civilisation
The state is the organism and individual is
merely a cell. According to Gandhi, Western Civilisation is based on
rational self-interest which was totally disruptive of human
Fascist Doctrine relationships.
It is a doctrine which believes that the state is not Gandhi admired Indian civilisation which according to him
subject to any moral laws. had a more satisfactory view of man’s place in the cosmos.
The state is the supreme custodian of morality He dismissed liberal democracy as ‘a fish marker’ in which
itself. people compete for their self-interest.
Fascism rejected democracy based on rule of the
Views on Democracy
majority.
Gandhiji had opinion that preferred Parliamentary Swaraj,
The principle of equality is replaced by the
it should be village-based.
principle of one man leadership.
In this decentralised set-up all the level of government
Different View points Relating to were to be indirectly elected by the immediately lower
Fascism level.
Various political writings have explained Fascism in Freedom and the State
different ways of these, the following four view
For Gandhi, the state represented ‘violence in a
points stand out prominently:
concentrated form’.
Fascism as a menace to the liberal states.
He contrasted spiritual dominance of Indian society with
Fascism as a protagonist of radical totalitarian political dominance of the West.
rule.
He postulated non-violent state based on the willing
Fascism as a radial rightist ideology. consent of the people and representing the near unanimity
Fascism as a revolt against modernism. in society.
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150

Freedom and Economic Organisation Humanism

Gandhiji totally rejected keeping property.
The concept of humanism refers primarily to a system
He called upon the zamindars and capitalists to of thought, which focusses on the autonomy of the
become trustees. individual.
He argued that they should regard tenants and An outlook or system of thought concerned with
workers as co-proprietors. human rather than divine or super- natural matters.
Methods of Conflict Resolution Humanists believe in the potentiality of human beings.
Gandhi insisted on non-violence and Satyagraha over In humanist thought, man becomes free in his private
the concepts of boycott and passive resistance. life.
He derived his ideas from Thoreau, Emerson, Tolstoy Orientations of Humanism
and the Jain tradition.
Three major orientations emerged as a result of
He adopted Satyagraha as method of conflict humanism:
resolution.
Materialism
Difference between Satyagraha and Modern science emphasises the role of reason and its
Passive Resistance capacity to penetrate all the secrets of nature and
According to Gandhiji, the distinctive features of history.
Satyagraha and passive resistance are as follows : Science leads to technology, to the idea that we cannot
While the passive resisters harbor hatred towards only understand nature but also transform it according
their adversaries, the Satyagrahis view their opponent to people’s will.
with love.
Individualism
The passive resisters unlike the Satyagrahis may
harass and injure their opponent. The individual must assert its individual autonomy
and make choices according to one’s own interest.
Satyagraha, unlike passive resistance can be offered
even to one’s nearest and dearest ones. Democratism
Passive Resistance is a resistance by the weak and Democracy is the only legitimate form of government
helpless and it does not exclude the use of violence, as it is based on the idea of willing subjects.
where as Satyagraha is a moral-political action by the Humanist tells us little about economic policies of the
use of strong and it excludes the use of violence. way in which the state institutions should be
organised.
NCERT Notes INDIAN POLITY & GOVERNANCE
CHAPTER 25 151

India’s Foreign Policy,

Neighbouring Countries
and National Symbols

Sources Class-VII Old NCERT Chap 13 (Our National Symbols), Class-VIII Old NCERT Chap 12 (National Integration),
Class-XII New NCERT Chap 1 (The Cold War Era), Chap 4 (Alternative Centres of Power), Class-XII Old NCERT
Chap 16 (Foreign Policy of India : Determinants and Basic Principles), Chap 17 (India and Her Neighbours : Nepal,
Sri Lanka, China, Bangladesh and Pakistan), Chap 21 (India’s Role in Non-Aligned Movement)

Foreign Policy of India Influential Factors of India’s Foreign

The foreign policy of India aims to maintain Policy
international peace and security. It also aims to foster
There are two types of factors influencing the Foreign
peaceful coexistence, for remaining non-aligned and
Policy of India i.e., Internal and External Determinants.
non-committed to maintain the unity, solidarity of the
developing nations. Internal Determinants
The important objectives of India’s foreign policy Internal determinants of India’s foreign policy are history
include preservation of national interest, and culture, geographical positioning, economy of the
achievement of world peace, disarmament, country, political structure etc.
independence for Afro-Asian nations. These
History and Culture
objectives are sought to be achieved through some
guiding principles such as Panchsheel and The cultural heritage and the history of a nation are
Non-Aligned Movement (NAM). important and valuable factors of its foreign policy. The
The Constitutional principles under Article 51 of the norms and tradition that characterise the life of the
Indian Constitution lays down some Directive people of a country are highly influential factors of its
Principles of State Policy (DPSP) on ‘Promotion of foreign policy.
international peace and security’. Strong cultural unity of the people is always a source of
strength for people. It materially influences their ability
According to Article 51, the State shall endeavour to :
to secure the objective of national interest during the
—
Promote international peace and security. course of international bargaining.
—
Maintain just and honourable relations between Cultural values and links are always subject to perpetual
nations. changes and adjustments. Historical experiences too are
—
Foster respect for international law and treaty forgotten in the face of national interest.
obligations in the dealings of organised people with
Geographical Factors
one another;
Geography of a country is relatively the most
—
Encourage settlement of international disputes by
permanent and stable factors of its foreign policy. The
arbitration.
topography of land, its fertility, climate and location are
the major geographical factors, which influence the
foreign policy of any country.
 NCERT Notes INDIAN POLITY & GOVERNANCE
152

India is very strategically located in the heart of Asia India seeks a peaceful periphery and works for good
and dominates the Indian Ocean, which is named neighbourly relations in its extended neighbourhood.
after India. East Africa, the Arab world, Central Asia India’s foreign policy also recognise that the issue
and South-East Asia are all within easy reach of such as climate change, energy and food security are
India. crucial for India’s transformation. These issues are
The main sea lines of communication in the Indian global in nature, they require global solutions.
Ocean pass very close to India. The Persian Gulf,
Political Structure of India
which is the principal source of exportable global oil
and gas, is India’s neighbour. There is a Parliamentary democracy in India. It is
The Himalayas are like sentinels of India, which play based on the federal structure of government. The
an important role in determining relations with other Constitution defines the organisation powers and
Himalayan countries such as Nepal, Bhutan, limitations of both Central and state government.
Myanmar. But the desire of China to maintain its The foreign policy of India is a central subject but it
dominance in the region continuously since, 1962 has has a wide impact. It means interest of nation want to
a clear impact on India’s foreign policy, which has protect and promote in sense of states also.
recently shown a change in relation with Nepal. First Prime Minister of India Jawaharlal Nehru
declared for the interests of India, my first duty is the
National Philosophy and Identity
fundamentals of India’s foreign policy.
Mahatma Gandhi’s philosophy of non-violence,
moral behaviour and Satyagraha was rooted in India’s External International Determinants
moral ethical and philosophical traditions such as the International milieu is one of the external
vedas and as well as the teaching of Lord Buddha. determinants of foreign policy. International milieu
Gandhiji’s thinking and influence of Jawaharlal means international environment. Nehru adopted the
Nehru, are the key factors of India’s foreign policy. In policy of non-alignment for overcoming the cold war
the first few decades after independence scenario.
non-alignment, anti-colonialism, anti-racialism, As a newly independent nation, India needed support
non-violence, disarmament and peace-making were from all quarters for the fulfilment of economic
defining characteristics of India’s foreign policy. development. Nehruji understood that aligning with
India indulged in moralistic posturing and had an air one block will limit the possibility of getting assistance
of self-importance and self-righteousness as it from other, therefore it will be better to keep away
strutted on the world stage. India under Narendra from power blocks and stands as neutral.
Modi is seeking to develop a new paradigm for India’s When nuclear weapons states tried to make nuclear
foreign policy, where India would not be a more aparthied by formulating NTP, Indira Gandhi was not
‘balancer’ or ‘swing state’ but a leading state. ready to sign the agreement. Later, it result to conduct
Demands of Economic Development two nuclear tests and India acquire the status of
Nuclear Weapons Nation.
Fast development of the country was the fundamental
requirement of India at the time of independence. It
was also required to strengthen the democracy and
Fundamental Doctrine of
freedom in the country. India’s Foreign Policy
In order to gain financial resources and technology Basic doctrine of India’s foreign policy were set by the
from both blocks and to concentrate its energy on the founding fathers of India. It was laid during the
development, India opted away from the power block freedom struggle of India.
politics, which was the defining feature of cold war The principle of India’s foreign policy that emerged
international politics. them, were a belief in friendly relations with all
The foreign policy practice of India also reveals its countries of the world, the solution of conflicts by
two other objective peaceful means, regard the sovereign equality of all
(i) elimination of colonialism and racial discrimination the nations etc.
(ii) protection of the interest of people of India origin Freedom in Policy-Making
abroad.
India adopted an independent foreign policy only after
Its primary objective is to promote and maintain a its independence in 1947 as leaders of the freedom
peaceful and stable external environment in which movement closely watching international
the domestic tasks of inclusive economic development even before India’s independence.
development and poverty alleviation can progress
rapidly.
 NCERT Notes INDIAN POLITY & GOVERNANCE
153

At its initiative, the Indian National Congress Cooperation with Developing Countries
established a small foreign department in 1925 to make
overseas contacts to publicise its freedom struggle. India’s priority partner countries are its neighbours
in South Asia.
The pattern set by Nehru was followed by all the Prime
Ministers of India. The Ministry of External Affairs is Cooperation with developing countries of Asia and
the nodal agency, which is directly concerned with Africa has increased. The main sectors of India’s
foreign affairs. cooperation are health, education, energy and
Information Technology (IT).
Promotion of International Peace and In the last couple of years, India’s assistance to other
Security developing countries has multiplied several times.
India has a firm belief in maintaining peaceful and India has been supporting the developmental
cordial relations with neighbours and no interventionist endeavours of several partner countries.
policy in the domestic affairs of any country. The first effort by India to shape a framework was in
Indian philosophy has incorporated the idea of the year 2003 with the announcement of the India
‘Vasudhaiva Kutumbakam’, which means that the Development Initiative (IDI). Subsequently, the
world is one family. India has devoted much energy to Indian Development and Economic Assistance
counter terrorism both nationally and internationally. Scheme (IDEAS) was launched in 2005 for managing
India stands for peaceful and amicable solution of all credit lines.
international issues. India’s foreign policy is driven by
the principles of Panchsheel. India and its Neighbouring
Support for United Nations Countries
India is a founding member of the United Nations (UN), India is considered as the pole-star of South Asian
it strongly supports the purposes and principles of the region though it has a relatively unstable
UN and made significant contributions in implementing neighbourhood.
the goals of charter and the evolution of the UN’s
specialised programme and agencies. Being at the centre of South Asia, its growth and
development is based on peace and stability in the
India has a long and distinguished history of service in
region.
UN peacekeeping, having contributed more personnel
than any other country. ‘Neighbourhood’ first policy of India demonstrates a
mature understanding of the ‘golden thread’ woven
India’s support of UN is based on its steadfast
in our common heritage, shared culture and
commitment to multi-lateralism and dialogue as the key
civilisation through the fabric of time.
for achieving, sharing goals and addressing common
challenges. The neighbouring countries of India are-
Afghanistan, Bangladesh, Bhutan, Maldives,
Anti-Colonialism, Anti- China, Nepal, Pakistan, Sri Lanka and Mynamar.
Imperalism and Anti-Racialism The historical, political, economical and cultural
India views colonialism and imperialism as a violation relations with these neighbouring countries are
of Fundamental Human Rights of colonial people and a discussed as follows :
persistent source of international conflicts. Due to its
own colonial past, India had championed the cause for India-China Relations
independence of Afro-Asian community of countries. China is a largest country and great power in the
India believes that peace and freedom are indivisible neighbourhood of India. India-China relations dates
and the denial of freedom anywhere must endanger back to more than 2000 years ago but the modern
freedom elsewhere and lead to conflict and war. relationship began in 1950.
India’s foreign policy is in opposition to racialism and India became one of the first country to end formal
support to the establishment of an egalitarian society. tie with the Republic of China (Taiwan) and
Before independence, India opposed the Nazi doctrine recognise the PRC as the legitimate government of
of racialism. mainland China.
India was the first country to severe trade relation with India and China are the two most populous
the apartheid regime. India was also an ardent countries and fastest growing major economies in
supporter of the United Nations for the adoption of the world. Growth in diplomatic and economic
draft covenants on human rights. influence has increased the significance of their
bilateral relationship.
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154

Relations after 1947 In 1959, the Dalia Lama crossed over into the Indian
Cultural and economic relations between China and border and sought asylum, which was granted. The
India date back to ancient times. The silk road not only Chinese government strongly protested this move.
served as a major trade route between India and China, Border Disputes
but also credited for facilitating the spread of
The border between India and China is not clearly
Buddhism from India to East Asia.
demarcated throughout and there is no mutually
Relations between contemporary China and India have agreed Line of Actual Control (LAC). The LAC is the
been characterised by border disputes, resulting in demarcation that separates Indian controlled
three military conflicts i.e., Sino-Indian war of 1962, territory from Chinese controlled territory.
the Cho La Incident in 1967 and the 1987 Sino-Indian
Indian considers the LAC to be 3488 km long, while
Skirmish.
the Chinese consider it to be only around 2000 kms.
Since, the late 1980, both countries have successfully Despite of all smooth economic trade, the border
rebuilt diplomatic and economic ties. In 2008, China dispute between India and China could not be
became India’s largest trading partner and the two settled.
countries have also extended their strategic and
The disputed boundary in the Eastern Sector
military relations.
(Arunachal Pradesh and Sikkim) is over the
McMohan Line decided in 1914.
Panchsheel Agreement
■
The Panchsheel, or five principles of peaceful coexistence The Twang tract claimed by China was taken over by
was first formally signed on 29th April, 1954 between India in 1951, in the Eastern and Western sector both
India and China. The agreement was signed between the the Asian giants saw 1962 war and 1967 conflict.
then Prime Minister of India Jawaharlal Nehru and
China’s first Prime Minister Chou En-Lai. New Approach Towards China
■
The main points of Panchsheel agreement were : Development of India-China relationship is an
—
Peaceful co-existence opportunity for both the countries, India has adopted
—
Mutual respect for each other’s territorial integrity and a three prolonged policy for dealing with China.
sovereignty. To engage in bilateral and multilateral forums such
—
Mutual non-interference as BRICS, SCO and the Russia-India-China trilateral
—
Mutual non-aggression in order to maintain overall stability, deepen
—
Equality and Mutual benefits economic ties and faster diplomatic cooperation on
■
The Panchsheel pact had removed the tension between regional and international issues.
India and China upto a great extent. After these treaties, India is growing convergence with USA, Australia
trade and confidence building between India and China
and Japan in their views regarding stability in the
had gained a lot of strength.
Indo-Pacific region particularly with respect to
■
The Panchsheel agreement was a thought provoking
step taken to repair the economic and political relations
China’s intentions in laying territorial claims to more
between India and China. China has taken the wrong than 80% of South China sea as well as to the
advantage of it and stabbed India in the back many sovereign territories of Japan.
times.
India-Pakistan Relation
Even after seven decades of independence and
India-China Disputes partition, Pakistan is the biggest challenge for India’s
foreign policy.
After 1957, relations between India and China was
sourced by territorial disputes over Ladakh and India and Pakistan have a long and complicated
Arunachal Pradesh. Tibet was one of the reason for historical engagement and disengagement with each
dispute between India and China. other. Both the nations have fought four wars i.e., in
1948, 1965, 1971 and 1999; none of which was
Tibet initiated by India. This makes Pakistan the biggest
In 1950, China took over control of Tibet. Large section security threat to India.
of the Tibetan population opposed this take over.
Conflicts between India and Pakistan
India tried to persuade China to recognise Tibet’s
claims for independence. In 1958, there was an armed Division of India and creation of Pakistan laid many
uprising in Tibet against China’s claim over Tibet. This disputes. Inadequate politics of Pakistan survived
was suppressed by the Chinese forces. through its most ups and down years.
NCERT Notes INDIAN POLITY & GOVERNANCE
155

Kashmir Crisis This agreement was signed by the then Prime

It has been the bed rock issue between both the nations Minister of India Mrs Indira Gandhi and Prime
and has been an unresolved boundary dispute. Minister of Pakistan Zulfikar Ali Bhutto.
A bold and historic decision has been taken by the Most people of India saw this agreement as a moment
government to scrap Article-370 separating Ladakh of glory and a clear sign of India’s growing military
from Jammu and Kashmir to make both Union powers.
Territories. It has completely changed the dynamics of
the India-Pakistan dialogue on Kashmir. Gujral Doctrine
For India, there is now no outstanding issue of Kashmir Inder Kumar Gujral was the Foreign Minister in 1997
except India’s claim on Pakistan-occupied Kashmir and given a significant contribution through his
(PoK), which includes Gilgit-Baltistan. The need for a Gujral Doctrine.
back-channel to find a solution to the Kashmir issue The Gujral Doctrine is a set of five principles to guide
has disappeared. the conduct of foreign relations with India’s
The Indus Waters Treaty immediate neighbours, notably Pakistan, as spelt out
IK Gujral.
The Indus Waters Treaty is a water-sharing treaty
between India and Pakistan, arranged by the World Atal Bihari Vajpai initiated a number of processes
Bank. The treaty signed in Karachi on 19th September, for peace between two neighbours first with Prime
1960. Minister Nawaz Sharif and later with General
Pervez Musharraf.
The Indus Water Treaty was signed between the then
Prime Minister of India Jawaharlal Nehru and the then Despite differences, talks between the two leaders led
President of Pakistan Ayub Khan. The Indus system of to the Lahore summit in 1999, but then Kargil
rivers comprises three Western rivers the Indus, the happened unexpectedly.
Jhelum and the Chenab and other three Eastern rivers
the Sutlej, the Beas and the Ravi. India-Nepal Relations
According to treaty, the Eastern rivers are allocated to Nepal is the closest neighbour of India. It shares a
exclusive use by India before they enter Pakistan border of about 1850 km with 20 district and 5 Indian
similarly, Pakistan has exclusive right to use the States i.e., Sikkim, West Bengal, Bihar, Uttar Pradesh
Western rivers with some stipulations for development and Uttarakhand.
of projects on these rivers in India. India and Nepal share a unique relationship of
War of 1965 and Tashkent Agreement friendship and cooperation characterised by open
borders and deep-rooted people-to-people contacts of
In April, 1965, Pakistan launched armed attack in the kinship and culture.
Rann of Kuchchh area of Gujarat. This was followed by
There has been a long tradition of free movement of
a bigger offensive in Jammu and Kashmir in August,
people across the borders. By the tradition of regular
1965.
visits and exchanges of views at the highest levels,
The hostilities came to an end with the United the India-Nepal relations have continued on their
Nations(UN) intervention cater Indian Prime Minister upward trajectory.
Lal Bahadur Shastri and Pakistani President Ayub
Khan signed the Tashkent Agreement in January, 1966. India-Nepal Treaty of
Shimla Agreement Peace and Friendship
After months of diplomatic tension and military build
(1950)
up, a full scale war between India and Pakistan broke The relationship between India and Nepal is
out in December, 1971. determined by India-Nepal Treaty of Peace and
Within 10 days, the Indian army had surrounded Friendship of 1950.
Dhaka from three sides and Pakistani army of about Under the provisions of this treaty, Nepalese citizen
90,000 had to surrender. With Bangladesh as a free have enjoyed unparalleled advantages in India,
country, India declared a unilateral ceasefire. availing the facilities and opportunities at par with
On 3rd July, 1972, India and Pakistan signed the Indian citizens.
Shimla agreement to return of peace. The Treaty has enabled Nepal to overcome the
disadvantages of being a land-locked country.
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156

Features of 1950 Treaty Major Differences in Indo-Nepal Relationship

The 1950 treaty cemented a special
The major irritants that discomfort Indo-Nepal relationship
relationship between India-Nepal.
are :
Features of 1950 treaty are as follows : The Treaty of Friendship (1950) has been criticised by
It granted Nepal preferential economic treatment. several Nepali commentators and politicians as giving
Provided the Nepalese in India the same economic up of sovereignty by the government. Over years there is
and educational opportunities as Indian citizens. a substantial build up of suspicion against India, which
Established security co-operation between the two. is exploited by politicians in Nepal for political gains.
Nepal is to give primacy to India in establishment of Territorial dispute exists which is related to two pieces
its industries, hydro-power and exploration of other of land Kalapani and Susta. Both these pieces of land
natural resources. are under Indian occupation (due to security concerns
with respect to China) and are claimed by Nepal.
Nepal not to import arms from third party without
Nepal’s Hydropower capacity has remained
India’s consent.
under-utilised. Nepal faces power shortages upto 12-14
Both countries will give national treatment to each hours daily.
other’s nationals with respect to business
Constitutional crisis in Nepal is another irritant. India
employment and public sector employment.
has always been involved directly or indirectly in
Areas of Cooperation domestic affairs of Nepal. Thus, Nepal remains
suspicious to the efficacy of ‘neighbourhood first’ policy
Rivers originating in Nepal feed the perennial river
of NDA government and anti-India resentments remain
systems of India in terms of ecology and
prevalent in Nepal.
hydropower potential.
Apart from providing additional access to sea for India-Bangladesh Relations
Nepal, India is also looking to develop the inland
waterways for the movement of cargo, within India and Bangladesh has shared past, common
the framework of trade and transit heritage, cultural civilisational and linguistic ties. Also
arrangements. India share its longest border line of 4096 km with
A three-tier bilateral mechanism established in Bangladesh.
2008, to discuss issues relating to cooperation in India was the first country to recognise Bangladesh as a
water resources, flood management, inundation separate and independent nation and established
and hydropower between the two countries, has diplomatic relations with it. India and Bangladesh’s
been working well. geographical locations complement each other and
India and Nepal have a Power Exchange Agreement present an opportunity for both to further develop their
since, 1971 for meeting the power requirements in connectivity links and economies.
the border areas of the two countries, taking India gave money and material support to Bangladeshi
advantage of each other’s transmission infrastructure. Mukti Vahinis. However, it had to go on war with
Agreement signed in 2014 on ‘Electric Power Trade, Pakistan to fully settle the issue. From 1947 to 1971,
Cross-border Transmission, Interconnection and Bangladesh was known as East Pakistan.
Grid Connectivity’ aimed facilitating and further
strengthening cross-border electricity transmission, The 1971 war ended in decisive victory over Pakistan
grid connectivity and power trade between Nepal and led to the birth of Bangladesh. Mujib-ur-Rehman
and India. became the first Prime Minister of Bangladesh. He was
soon assassinated and the Awami League was replaced
Another important area of cooperation is energy, in
with the Zia-ur-Rehman led Bangladesh Nationalist
September 2019, 69 kilometre long
Party (BNP).
Motihari-Amlekhjung oil pipeline constructed with
Indian assistance was inaugurated. This was the India and Bangladesh relations have been fluctuating
first cross-border petroleum pipeline constructed in since with alternate good and bad times. From
South Asian region. 1975-1990, Bangladesh was led by military ruler
General Irshad.
India can also assist Nepal in developing tourism
infrastructure on lines of Bhutan. It will be Since 1991, Bangladesh has been ruled alternatively by
significant source of foreign exchange for the BNP and Awami League governments with alternate
Himalayan Country. phase of high and lows in the relationship.
 NCERT Notes INDIAN POLITY & GOVERNANCE
157

Unlike other bordering nations of India, economics Construction of Agartala-Akhaura rail connectivity
has played a significant role in the bilateral relations leads to further integration of economies.
between India and Bangladesh. It has been Under joint Indo-Russian atomic energy project, India
multifaceted, embracing trade transactions, credit will provide personnel training, consultation support
arrangements, joint ventures, transit facilities and and supply non-critical materials to the site in
transport development. Bangladesh.
These relations have continued and expanded
India has launched South Asian Satellite to boost
unhindered even in situations of adverse political
regional stability and extended National knowledge
relations. This is mainly because of the geographical
project for human resource development and
proximity, common language, similarity of
education in Bangladesh.
consumption pattern, common development needs
experience and commonality of the inherited India-Sri Lanka Relations
infrastructure.
Sri Lanka’s location in the Indian Ocean region as an
For Bangladesh, India has become the largest single
island state has been of strategic geopolitical
source of its imports and its obvious dependency on
relevance to several major powers.
Indian imports stir political discontent quite often.
India and Sri Lanka has the relationship of more than
India and Bangladesh share almost 4096 km of land
2500 years old. Both countries have a legacy of
border, whereas official records suggest that only
intellectual, cultural, religions and linguistic
6.5 km of land along the Comilla-Tripura border is
interaction.
considered as officially disputed by the governments
of both countries. The Cultural Cooperation Agreement signed by the
two governments on 29th November, 1977; forms the
The border disputes between Bangladesh and India
basis of periodic cultural exchange programmes
are by no means confined to demarcation problems. It
between India and Sri Lanka.
is further linked with other problems like illegal
migration of people and goods and other cross border Doctrine of Foreign Policy
criminal activities.
After independence, India and Sri Lanka optes the
In year 2011, the demarcation of land boundaries policy of Non-Alignment and announced six point
between two countries took place according to doctrine of its foreign policy as follows :
1974 agreement. But real exchange of territories
required constitutional amendment as it makes
—
Friendship with all countries
changes in 1st Schedule. —
Peaceful co-existence
Water sharing remains the critical element in shaping —
Regional co-operation
of India-Bangladesh ties, with the Teesta River dispute —
To free to took decision in national and international
and the proposed construction of the Tipaimukh Dam issues without any pressure.
at the centre of the controversy. —
To cooperate with newly independent countries
The 1983 Teesta River Agreement allows India and —
To support disarmament
Bangladesh to share 75% of the river water on a 39%
and 36% basis. Ethnic Conflict in Sri Lanka
The major area of dispute has been India’s According to Census 2001 in Sri Lanka, its main
construction and operation of the Farakka Barrage to ethnic population include the Sinhalese (82%), Tamil
increase water supply in the Hooghly river. (9.4%) and Sri Lankan Moor (7.9%). In 1972, the
Developments in Indo-Bangladesh country’s name changed from Ceylon to Sri Lanka and
made Buddhism the nation’s primary religion.
Relation After 1990
The ethnic tension grew, in 1976 the Liberation
Agreement to supply gas to Tripura and use of Tigers of Tamil Eelam (LTTE) was formed under the
Chattogram and Mongla port to serve the needs of leadership of V. Prabhakaran and its began to
North-East states is significant improvement in the campaign for a Tamil homeland in Northern and
relation. Eastern Sri Lanka.
To train youth in Bangladesh skill development centre
In 1983, the LTTE ambushed an army convoy, killing
to be opened in Bangladesh as both nations have
thirteen soldiers and triggering riots in which 2500
equally large population of youth.
Tamils died.
 NCERT Notes INDIAN POLITY & GOVERNANCE
158

Indo-Sri Lankan accord was signed in 1987, to India and Sri Lanka conducts joint Military (Mitra
provide a political solution to Sri Lanka’s conflict. Shakti) and Naval Exercise (SLINEX). India, Maldives
India deployed Indian peace keeping force in and Sri Lanka have signed trilateral maritime security
Sri Lanka under operation Pawan to disarm the agreement to improve surveillance, anti-piracy
different militant groups. Indian Peace Keeping operations and reducing maritime pollution in Indian
Force (IPKF) was later withdrawn in 1989. Ocean Region.
Bilateral Relations Non-Aligned Movement (NAM)
India and Sri Lanka enjoy a robust trade and The First Prime Minister of India Jawaharlal Nehru
investment relationship, with bilateral trade with Nkrumah from Ghana, Nasser from Egypt,
growing rapidly in the last decade and a number of Sukarno from Indonesia and Tito from Yugoslavia (now
leading Indian private sector companies investing in Sarbia) had a meeting of non-aligned nations in New
Sri Lanka and establishing a presence in this York (USA) in October, 1960. These five comprised the
country. core leadership of the Non-Aligned Movement (NAM).
Sri Lanka is India’s second largest trade partner in Free India’s foreign policy reflected all these concerns
South Asia. India in turn is Sri Lanka’s largest trade in the period immediately after independence. Apart
partner globally. Trade between the two countries is from these factors at the global level, India had its own
special as India’s first ever FTA was signed with Sri share of concerns.
Lanka.
As a nation born in the backdrop of the world war, India
Given the proximity of the territorial waters of decided to conduct its foreign relations with an aim to
both countries, especially in the Palk Straits and respect the sovereignty of all other nations and to
the Gulf of Mannar, incidents of straying of achieve security through the maintenance of peace.
fishermen are common Sri Lanka has repeatedly
This aim is derived from the Directive Principles of
accused Indian fishermen of straying into its
State Policy. Just as both internal and external factors
territorial waters, especially around Katchchativu,
guide the behaviour of an individual or a family, both
an islet ceded to Sri Lanka in 1974.
domestic and international environment influence the
Both countries have agreed on certain practical foreign policy of a nation.
arrangements to deal with the issue of bonafide
In the period immediately after the second world war,
fishermen of either side crossing the International
many developing nations chose to support the foreign
Maritime Boundary Line.
policy preferences of the powerful countries who were
Through these arrangements, it has been possible to giving them aid or credits.
deal with the issue of detention of fishermen in a This resulted in the division of countries of the world
humane manner. into two clear camps. One was under the influence of
Fishing disputes have been a feature of relations the United States and its Western allies and the other
between the two South Asian neighbours for some was under the influence of the then Soviet Union.
time now. Since independence, Cold war was just beginning and
Sri Lanka has long been a priority destination for the world was getting divided into these two camps. The
direct investment from India. Sri Lanka is one of foreign policy of a nation reflects the interplay of
India’s largest trading partner in South Asian domestic and external factors. Therefore, the noble
Association for Regional Cooperation (SAARC). ideals that inspired India’s struggle for freedom
Trade between the two countries grew particularly influenced the making of its foreign policy.
rapidly after the entry into force of the India-Sri
Lanka Free Trade Agreement in March 2000. Bandung Conference
According to Sri Lankan Customs, bilateral trade in ■
The Afro-Asian conference held in the Indonesian city of
2018 amounted to US $ 4.93 billion. India is largest Bandung in 1955, commonly known as the Bandung
trading partner of Sri Lanka. Conference, marked the zenith of India’s engagement
Sri Lanka is strategically located in Indian Ocean with the newly independent Asian and African nations.
The Bandung Conference later led to the establishment
Region. Being the major regional power in region
of the NAM.
India proactively engage with Sri Lanka. ■
The First Summit of the NAM was held in Belgrade in
India have long history of cooperation by training September 1961. Nehru was a co-founder of the NAM.
Sri Lankan defence forces and increased military
cooperation.
NCERT Notes INDIAN POLITY & GOVERNANCE
159

Look East Policy India has opposed the international treaties aimed at
non-proliferation since, they were selectively
Initial 40 years of independence, India hardly regarded
applicable to the non-nuclear powers and legitimised
the nations of South-East Asia, East Asia and South
the monopoly of the five nuclear weapons powers.
Pacific as priority area despite their strategic, political,
Thus, India opposed the indefinite extension of the
economic and cultural significance.
NPT in 1995 and also refused to sign the
In 1990s, India under the then Prime Minister Comprehensive Test Ban Treaty (CTBT).
PV Narasimha Rao initiated ‘Look East Policy’. This
India conducted a series of nuclear tests in May,
policy is pursued in a multifaceted manner in diverse
1998, demonstrating its capacity to use nuclear
areas such as improved connectivity, promotion of
energy for military purposes. Pakistan soon followed,
trade and investment and also cultural exchanges.
thereby increasing the vulnerability of the region to a
It was South-East Asian nations that were at the central nuclear exchange.
position in this policy. The two basic reasons for
The international community was extremely critical
India’s growing interest in ASEAN were economic
of the nuclear tests in the subcontinent and sanctions
capability and counter balance the China’s emergence
were imposed on both India and Pakistan. India’s
as a regional power.
nuclear doctrine of credible minimum nuclear
Act East Policy deterrence professes ‘No First Use’ and reiterates
India’s commitment to global, verifiable and
India’s Act East Policy was unveiled by the Prime non-discriminatory nuclear disarmament leading to a
Minister of India Narendra Modi at 12th ASEAN-India nuclear weapons free world.
summit in 2014 held in Myanmar. Act East Policy is
the successor of Look East Policy. Disarmament
Act East Policy focuses on the extended The concept of disarmament is originated from an
neighbourhood in the Asia-Pacific region. The policy understanding that weapons are the source of tension
which was originally conceived as an economic which at times create wars. It is being urged that in
initiative has gained political, strategic and cultural order to stop wars or hostilities and to develop trust
dimensions. between the states, weapons, which are considered
Act East Policy has emphasised on Indian-ASEAN to be the root of all evils.
cooperation in our domestic agenda on infrastructure, Disarmament is necessary for maintaining peace and
manufacturing, trade, skills, urban renewal, smart progress of the human civilisation. The increasing
cities and regional integration and prosperity. stockpiles, continuing enlargement of the armed
The objective of ‘Act East Policy’ is to promote forces and the growing investment for development
economic cooperation, cultural ties and development of the weapon technology of the world pose
strategic relationship with countries in the Asia-Pacific fresh threats to peace and development of the
region. human race.
The threat of annihilation of the human race in the
India’s Nuclear Policy event of another world war made the people more
In May 1974, the first nuclear explosion test was conscious about disarmament, because only the
undertaken by India. A significant component of his elimination of these weapons can ease the tension in
industrialisation plans was the nuclear programme the world and remove the fear of any world-wide
initiated in the late 1940s, under the guidance of Homi holocaust.
J Bhabha.
Brief History of Disarmament
India wanted to generate atomic energy for peaceful
In 1899, first International disarmament conference
purposes but the First Prime Minister of India
was held in the Hague. All European powers attended
Jawaharlal Nehru was against nuclear weapons.
the conference, which ended without much success.
So, he pleaded with the superpowers for However, it passed resolutions prescribing certain
comprehensive nuclear disarmament. However, the type of deadly weapons.
nuclear arsenal kept rising.
The second International disarmament conference
When China conducted nuclear tests in October 1964, was held again in the Hague in 1907. The conference
the five nuclear weapon powers, the US, USSR, UK, failed to stop the contemporary growing arms race.
France and China tried to impose the Nuclear When First World War broke out in 1914, all warring
Non-Proliferation Treaty (NPT) of 1968 on the rest of countries broke their commitments and
the world. undertakings.
 NCERT Notes INDIAN POLITY & GOVERNANCE
160

After the first world war, the first international

organisation, named the League of Nations was India and CTBT
established in 1920. The League of Nations convened The CTBT has been planned to realise the objective of
the first world disarmament conference in 1932. The general and complete nuclear disarmament.
conference however, contributed to augment the The CTBT in present form, however, is not intended to
process of disarmament. make the weapon free world free from nuclear
The large scale destruction in second world war weapons.
(1939-45) and the devastating impact of the explosion It would neither actually reduce the number of nuclear
of atom bombs on Japan again made the people weapons, nor decrease the present offensive
anxious for the world peace and disarmament. The capabilities of the nuclear weapon states.
second world war ended with formation of a new
India has opposed the treaty on the same grounds that
world body, the United Nations (UN).
it put forward while opposing the NPT and the CTBT.
In 1963, an agreement was signed. It has banned the
These treaties are not in a position to eliminate the nuclear
nuclear tests in the atmosphere, outer space and
weapons leading to general and complete disarmament.
under water and called Comprehensive Test Ban
Treaty (CTBT).
Comprehensive Test Ban Treaty (CTBT)
In 1967, another agreement was signed to stop the ■
The international treaties aimed at non-proliferation
deployment of the nuclear weapon in the outer since, they were selectively applicable to the
space. Nuclear Non-Proliferation Treaty (NPT) was non-nuclear powers and legitimised the monopoly of
signed in 1968. The treaty was not signed by few the five nuclear weapons powers. Thus, India opposed
countries including India. India has termed the the indefinite extension of the NPT in 1995 and also
treaty as discriminatory. refused to sign the Comprehensive Test Ban Treaty
The convention on banning the biological weapons (CTBT).
was held SALT-I and SALT-II were signed in 1972
■
India conducted a series of nuclear tests in May 1998,
demonstrating its capacity to use nuclear energy for
and 1979 respectively. SALT means Strategic Arms
military purposes. Pakistan soon followed, thereby
Limitation Talks. increasing the vulnerability of the region to a nuclear
Disarmament and India exchange.
The international community was extremely critical of
India is a peace loving nation. It achieved
■

the nuclear tests in the subcontinent and sanctions were

independence from centuries old British colonial rule
imposed on both India and Pakistan, which were
through peaceful non-violent movements. India has a subsequently waived.
long tradition of peace and apathy towards war of any
kind.

India and NPT National Symbols

The Nuclear Non-Proliferation Treaty (NPT) was Every country of the world has some of its national
concluded in 1967, kept open for signature in symbols. India also has its national symbols which
1968 and was promulgated in 1970 for a period of are as follows :
25 years.
The NPT appears to be pious attempt to stop the National Flag
proliferation of nuclear weapon technology. Its The design of the National Flag is based on the
contents consist evidences to establish the five Pingali Venkayya’s version of flag, which was made
nuclear states who are also the veto-wielding (designed) for the Indian National Congress prior to
permanent member of the Security Council. the Independence.
They intend to monopolise the nuclear technology On 22nd July, 1947, the Constituent Assembly adopted
and to establish their hegemony over the world. it as free India National Flag.
India objected to such treaty calling it discriminatory. The flag hoisting ceremony at the Red Fort started from
India has categorically declared that it will not sign 15th August, 1948 onwards. The ratio of the width
the treaty in its present form because its indefinite (proportion) of the flag to its length is 2 : 3.
extension only serves to perpetuate its discriminatory
All the three bands are of equal width with deep
aspects which have created a division between the
saffron at the top, white in the middle and dark green
nuclear ‘haves’ and ‘have nots’.
at the bottom.
NCERT Notes INDIAN POLITY & GOVERNANCE
161

The design of the wheel is that of the abacus of the

National Flower
Sarnath Lion Capital. It has 24 spokes and its
diameter approximates to the width of the white Lotus (Nelumbo nucifera) is the National Flower of
band. India. It is a sacred flower and occupies a unique
position in the art and mythology of ancient India and
National Emblem has been an auspicious symbol of Indian culture since
The National Emblem is an adaptation from the time immemorial.
Sarnath Lion Capital of Ashoka. It depicts four lions, The lotus (Sanskrit : Padma) is a symbol of purity and
standing back to back. fecundity in the Indian tradition.
The four lions symbolising power, courage, pride and
National Fruit
confidence.
Carved out of a single block of polished sand stone, The Mango is the National Fruit of India.
the capital is crowned by the wheel of the law A fleshy fruit of the tree Mangifera indica, the mango,
(Dharma Chakra). is one of the most important and widely cultivated
fruits of the tropical world.
In the state emblem, adopted by the Government of
India on 26th January, 1950, only three lions are National Bird
visible, the fourth is hidden from view.
The Indian Peacock (Pavo cristatus), the National Bird
The wheel appears in relief in the centre of the of India, is a colourful bird, with a fan shaped crest of
abacus with a bull on right and a horse on left and the feathers, a white patch under the eye and a long,
outlines of other wheels on extreme right and left. slender neck. It was named as National Bird of India
The bell shaped lotus has been omitted. The words in 1963.
Satyamev Jayate taken from Mundaka Upanishad, In Hindu mythology, a Peacock is called ‘Sun bird’ or
(meaning Truth Alone Triumphs,) are inscribed Sarp Bhuj. Peacock symbolises qualities like beauty,
below the abacus in Devanagari script. grace, pride and mysticism.
National Calendar The Peacock is fully protected under the Indian
Wildlife (Protection) Act, 1972.
The National Calendar based on the Saka Era, with
Chaitra as its first month and Phalguna as its last National Animal
month and a normal year of 365 days was adopted
from 22nd March, 1957 alongwith the Gregorian The magnificent Tiger (Panthera tigris) is the National
calendar for the following official purposes. Animal of India. Out of the eight races of the species
known, the ‘Royal Bengal tiger’ is found throughout
Dates of the National Calendar have a permanent
the country except in the North-Western region.
correspondence with dates of the Gregorian
calendar, 1st Chaitra falling on 22nd March normally To check the dwindling population of tigers in India,
and on 21st March in leap year. Project Tiger was launched in April, 1973.
The first tiger reserve is Corbett National Park created
National Tree in 1973, followed by Palamau Tiger Reserve.
Banyan (Ficus benghalensis) is the National Tree of National River
India, whose branches root themselves like new trees
over a large area. The roots then give rise to more The river Ganga is the longest river of India, having a
trunks and branches. Because of this characteristic length of 2525 km, flowing over mountains, valleys and
and its longevity, this tree is considered immortal plains.
and is an integral part of the myths and legends of It originates in the snowfields of the Gangotri glacier in
India. the Himalayas as the Bhagirathi river. The Ganga
In Hindu Mythology, the banyan tree is referred as widens out into the Ganges Delta in the Sunderbans
Kalpavriksha. swamp of Bangladesh, before it ends its journey by
emptying into the Bay of Bengal.
 NCERT Notes INDIAN POLITY & GOVERNANCE
162

Appendix

Indian Constitution at a Glance

Parts/Subjects/Articles of the Constitution
Part Subject Matter Articles Covered Part Subject Matter Articles Covered

I The Union and its Territory 1 to 4 XIV Services under the Union and the 308 to 323
States
II Citizenship 5 to 11
Chapter I Services 308 to 314
III Fundamental Rights 12 to 35
Chapter II Public Service Commission 315 to 323
IV Directive Principles of State Policy 36 to
XIVA Tribunals 323 A to 323 B
51 IV A Fundamental Duties 51 A
XV Elections 324 to 329 A
V The Union 52 to 151
XVI Special Provisions Relating to Certain 330 to 342
Chapter I The Executive 52 to 78 Classes
Chapter II Parliament 79 to 122 XVII Official Language 343 to 351
Chapter III Legislative Powers of 123
the President Chapter I Language of the Union 343 and 344
Chapter II Regional Languages 345 to 347
Chapter IV The Union Judiciary 124 to 147
Chapter III Language of the 348 and 349
Chapter V Comptroller and Auditor 148 to 151 Supreme Court, the High
General of India Courts and so on
VI The States 152 to 237 Chapter IV Special Directives 350 to 351
Chapter I General 152 XVIII Emergency Provisions 352 to 360
Chapter II The Executive 153 to 167 XIX Miscellaneous 361 to 367
Chapter III The State Legislature 168 to 212 XX Amendments of the Constitution 368
Chapter IV Legislative Powers of 213 XXI Temporary, Transitional and Special 369 to 392
the Governors Provisions
Chapter V The High Courts 214 to 232 XXII Short Title, Commencement, 393 to 395
Chapter VI Subordinate Courts 233 to 237 Authoritative Text in Hindi and
VIII The Union Territories 239 to 242 Repeals
IX The Panchayats 243 to 243-0
IX A The Municipalities 243 P to 243 ZG Important Articles of the Constitution
IX B Cooperatives 243 ZG to 243ZT Articles Subject
X The Scheduled and the Tribal Areas 244 to 244 A 01 The Union and its territory
XI Relations between the Union and the 245 to 263 03 Establisation of new states, Area and Borders name
States change of Current States
Chapter I Legislative Relations 245 to 255 12 Definition of States
Chapter II Administrative Relations 256 to 263 13 Laws inconsistent with or in derogation of the
Fundamental Rights
XII Finance, Property, Contracts and Suits 264 to 300 A
14 Equaltiy before law
Chapter I Finance 264 to 291

Chapter II Borrowing 292 to 293 16 Equality of opportunity in matters of

public employment
Chapter III Property, Contracts, 294 to 300
Rights Liabilities, 17 Abolition of untouchability
Obligations and Suits 19 Protection of certain rights regarding freedom of speech
Chapter IV Right to Property 300 A etc.
XIII Trade, Commerce and Intercourse 301 to 307
within the Territory of India 21 Protection of life and personal liberty
 NCERT Notes INDIAN POLITY & GOVERNANCE
163

Articles Subject Articles Subject

21A Right to education 315 Union and State Public Commission
22 Protection against arrest and detention in certain cases 324 Election Commission
26 Freedom to manage religious affairs 330 Reservation in the Lok Sabha for Schedule Castes and
30 Right of minorities to establish and administer Schedule Tribes
educational institutions 352 Declaration of National Emergency
32 Remedies for enforcement of rights conferred by this 360 Declaration of Financial Emergency
part
371 Special Provision for some States
40Organisation of village panchayats
44 Uniform Civil Code Schedules
50 Distribution of power between Executive and Judiciary First Schedule State and Union Territories
51 International Peace and Security Second Schedule Salaries and Emoluments of President,
51A List of 11 Fundamental Duties Governor, Chief Judges, Auditor General,
Speaker and Deputy Speaker of Lok Sabha.
52 Provision for President of India
56 Tenure of Indian President Third Schedule Forms of Oath and Affirmations of Members
of Legislatures, Ministers Judges and the
61 Impeachment of President Comptroller and Auditor General.
63 Vice-President of India
Fourth Schedule Allocation of Seats in the Rajya Sabha.
71 Subject related to the appointment of President and
Vice-President Fifth Schedule Administration and control of Scheduled
Areas and Scheduled Tribes.
74 Cabinet to assist the President
Sixth Schedule Administration of Tribal Areas in the state of
76 Attorney Journal of India Assam, Meghalaya, Tripura and Mizoram.
79 Constitution of Parliament Seventh Schedule Distribution of Power between the Union and
80 Constitution of Rajya Sabha the State Government (Union List, State List
and Concurrent List).
81 Constitution of Lok Sabha
89 Chairman and Vice-Chairman of Rajya Sabha Eighth Schedule Languages.

93 Speaker and Protem Speaker of Lok Sabha Ninth Schedule Validation of certain Acts and Regulations.

102 Eligibility for the members of the Parliament Tenth Schedule Anti-Defection Law.
108 Joint Session of the both the houses of the Parliament Eleventh Schedule Power, authority and responsibility of
110 Definition of the Money Bill Panchayats. It has 29 matters.

112 Yearly Financial Statement Twelfth Schedule Powers, authority and responsibility of
municipalities. It has 18 matters.
124 Establishment and Structure of Supreme Court
148 Comptroller General of India Important Constitutional Amendments
153 Governors of the State Amendments Objectives
165 Advocate General of the State
168 Constitution of State Legislature
First Constitutional ◆
It overcamed certain practical
214 High Court for the State Amendment, 1951 difficulties related to Fundamental
Rights.
226 Power to issue writ by the High Court
◆
It made provision for special
240 Power of the President to make Provision for treatment of educationally and
some Union Territories socially backward classes and added
241 High Court for the Union Territories 9th Schedule of the Constitution.

249 Power of the Parliament to legislate on the matter of Fourth Constitutional ◆

It restricted on property rights
State List for the national interest Amendment, 1955 ◆
It made provision for the inclusion of
related bills in 9th Schedule of the
275 Provision of Funds to some States from the Union Constitution.
280 Finance Commission Seventh Constitutional ◆
Reorganisation of states on linguistic
300A Right to Property Amendment, 1956 lines, abolition of Class A, B, C and D
states and introduction of Union
312 All Indian Services Territories.
 NCERT Notes INDIAN POLITY & GOVERNANCE
164

Amendments Objectives Amendments Objectives

Ninth Constitutional
Minor adjustments to territory of Indian 74th Constitutional Statutory provisions for local
Amendment, 1960
◆ ◆

Union consequent to agreement with Amendment, 1993 administrative bodies as third level
Pakistan for settlement of disputes by of administration in urban areas
demarcation of border, villages etc. such as towns and cities.
11th Constitutional
Election of Vice-President by Electoral 86th Constitutional Provides Right to Education until
Amendment, 1961
◆ ◆

College consisting of members of both Amendment, 2002 the age of 14 and early
Houses of the Parliament, instead of childhood care until the age of 6.
election by a Joint Sitting of
89th Constitutional ◆
The National Commission for
Parliament. Indemnify the President
Amendment, 2004 Scheduled Castes and Scheduled
◆
Vice-President election procedure from Tribes was bifurcated into the
challenge on grounds of existence of National Commission for
any vacancy in the Electoral College. Scheduled Castes and the
17th Constitutional National Commission for
To secure the constitutional validity of
Amendment, 1964
◆

Scheduled Tribes.
acquisition of estates and place, land 91st Constitutional
acquisition laws in 9th Schedule of Amendment, 2004 ◆
Restrict the size of Council of
the Constitution. Ministers to 15% of legislative
24th Constitutional members and to strengthen
Enable Parliament to dilute Fundamental
Amendment, 1971 Anti- Defection laws.
◆

Rights through amendments to the 97th Constitutional

Constitution. Amendment, 2012 ◆
To give right to form co-operative
26th Constitutional societies and give a framework
◆
Abolition of privy purse paid to for their working.
Amendment, 1971 99th Constitutional
former rulers of princely states which
were incorporated into the Indian Amendment, 2014 ◆
National judicial appointments
31st Constitutional republic. commission was established, but
Amendment, 1973 on 16th October, 2015 Supreme
◆
Increase size of Parliament from 525 to Court struck down the NJAC as
545 seats. unconstitutional.
101st Constitutional
Increased seats going to the new states
Amendment, 2016 Goods and Services Tax Bill.
◆

formed in North-East India and minor

adjustment consequent to 1971 102nd Constitutional
36 Constitutional delimitation exercise. Amendment, 2018 ◆
Constitutional status to National
Amendment, 1975 Commission for Backward Classes.
◆
Formation of Sikkim as a state within 103rd Constitutional
42nd Constitutional the Indian Union. Amendment, 2019 ◆
10% reservation to economically
Amendment, 1977 weaker section in educational
◆
Amendment passed during institution and government job.
internal emergency by Indira 104th Constitutional
Gandhi. Amendment, 2020 ◆
Removal of reservation of Anglo
Indian Community in Lok Sabha
It provides for curtailment of
and State Assemblies.
◆

Fundamental Rights, imposes

Fundamental Duties and changes to the ◆
Extension of reservation for SC and
basic structure of the Constitution by ST in Lok Sabha and State
making India a socialist, secular and Assemblies.
105th Constitutional
republic. Amendment, 2021 To restore state’s power to make
44th Constitutional ◆

Amendment, 1979 ◆
It curtailed the power of Judicial review their own OBC lists.
of the Supreme Court and High Court. ◆
Annualing Supreme Court
Judgement of 11 May, 2021.
◆
Amendment passed after revocation of
internal emergency in the country.
◆
It provides for human rights safeguards
and mechanisms to prevent abuse
of Executive and Legislative
Table of Precedence
Authority. S.No. Rank Official
◆
It annuals some amendments enacted in 1. President
Amendment Bill 1942.
52nd Constitutional 2. Vice-President
Amendment,1985 Anti Defection Law provide
3. Prime Minister
◆

disqualification of members from

Parliament and Assembly in case 4. Governors of States with their respective states
of defection from one party to 5. Former Presidens
69th Constitutional other.
Amendment,1992 5A. Deputy Prime Minister
◆
To provide for a Legislative Assembly and
Council of Ministers for federal National 6. Chief justice of India/Speaker of Lok Sabha
Capital of Delhi. 7. Cabinet Ministers of the Union, Chief Ministers
73rd Constitutional ◆
Delhi continues to be a Union Territory. of States, Deputy Chairman, Planning
Amendment, 1993 Commission, Former Prime Ministers, Leaders of
◆
Statutory provisions for Panchayat Raj Opposition in Rajya Sabha and Lok Sahba
as third level of administration in
villages.
NCERT Notes INDIAN POLITY & GOVERNANCE
165

S.No. Rank Official Case Supreme Court and Decision

7A. Holders of Bharat Ratna decoration Minerva Mills Case, ◆
The Supreme Court held that
8. Ambassadors Extraordinary and Plenipotentiary and High 1980 Fundamental Rights and Directive
Commissioners of Commonwealth countries accredited to Principle of State Policy are
India/Chief Ministers of States outside their respective complementary to each other and if
states/Governors of States outside their respective states any law enacted to implement the
Directive Principle not totally
9. Judges of Supreme Court
contravening the Fundamental Rights
9A. Chairperson, Union Public Service Commission, Chief is valid.
Election Commissioner, Comptroller and Auditor General Shah Bano Case,
1985 The Supreme Court held that muslim
of India
◆

women also have right to get

10. Deputy Chairman, Rajya Sabha, Deputy Chief Ministers of maintenance from their husbands when
States, Deputy Speaker of Lok Sabha, Members of the they are divorced although such practice
Planning Commission, Ministers of State of the Union is not permitted under muslim traditional
Indira Sawhney
11. Attorney General of India, Cabinet Secretary, laws.
Case, 1993
Lieutenant Governors within their respective Union ◆
The Supreme Court upheld the 27%
Territories reservation made for OBCs in public
12. Chiefs of Staff holding the rank of full General employment but subjected to a cap of
or equivalent rank 50% of reservations.
13. Envoys Extraordinary and Ministers Plenipotentiary ◆
The Supreme Court also mooted the
accredited to India Creamy Layer concept to identify the
well off groups within the backward
classes.
14. Chairmen and Speakers of State Legislatures with their Bommai Case, 1995 ◆
The Supreme Court held that federalism
respective States, Chief Justices of High Courts within is a part of basic structure and State
their respective jurisdictions Governments cannot be arbitrarily
dismissed by a Governor and any such test
15. Cabinet Ministers in States within their respective of confidence of the Executive must be
States, Chief Ministes of Union Territories and Chief
done on the floor of the Assembly.
Executive
Councillor, Delhi within their respective Union Triple Talaq Case, ◆
The Supreme Court of India has declared
Territories/Deputy Ministers of the Union 2017 the practice of Triple Talaq as
unconstitutional by 3:2 majority and
Important Supreme Court hereby direct the Union of India to
Cases consider appropriate legislation,
particularly with reference to
Case Supreme Court and Decision
Shankari Prasad ◆
The first Constitution Amendment Act, talaq-e-biddat (three pronouncements of
Case, 1952 providing for reservations, was talaq at one and the same time).
challenged that it violated Fundamental ◆
In this verdict, the Supreme Court also
Rights. The court held that Parliament declared that this form of Talaq is
has power to amend the Constitution. violate the Article 14 of the Indian
Sajjan Singh Case, The case related to the validity of 17th Constitution.
Right to Privacy is a
◆

1965 Constitutional Amendment Act which Fundamental Right ◆

The Supreme Court held that Right to
provided for land acquisition contrary Privacy is protected under Article 21
to right to property. of the Constitution.
◆
The Supreme Court upheld that ◆
In an unanimous decision, a 9-Judges
Fundamental Rights can be Constitutional Bench over ruled the
amended within the purview of judgements in MP Sharma and Kharak
Article 368. Singh case and declared that Right to
Golaknath Case,
1967 ◆
The Supreme Court while reversing the Privacy is protected as intrinsic part of
ruling made in Shankari Prasad and Right to Life and Liberty.
Sajjan Singh case held that constitutional Passive Euthanasia
is Permissible The Supreme Court has given legal
amendment cannot be extended to
◆

sanction to passive euthanasia in a

infringement of Fundamental Rights.
Kesavananda landmark verdict permitted ‘living will’
Bharati Case, 1973 ◆
For the first time the Supreme Court by patients on withdrawing medical
propounded the Basic Structure support if they slip into irreversible
Doctrine and held that certain basic coma.
features of the Constitution cannot be ◆
The Supreme Court in 2011, recognised
amended while others can be done so passive euthanasia in Aruna Shanbaug
without having a sweeping change in the Case for which it had permitted
Maneka Gandhi
Constitution. withdrawal of life-sustaining treatment
Case, 1978
◆
The Supreme Court overruled the AK from patients who are not in a position
Gopalan case and mooted the “due Subhash Chandra to make an informed decision.
process of law” doctrine according to Agarwal Case, 2019
In this historic judgement, Supreme Court
which the procedure according to the law
◆

held that the CJI comes under Right to

as well as the reasonableness and validity
Information Act and is public authority
of the law can be questioned by the
under Section 2(h) of the Act.
Judiciary.
 NCERT Notes INDIAN POLITY & GOVERNANCE
166

Important Facts related to the Personality Views

Development of Indian Constitution BR Ambedkar The constitutional position of the President
Date Associated Events of India is similar to that of the British
Monarch, but there is a fundamental
December, 1934 Demand for Constituent Assembly difference between the two. The Office of the
(Congress Resolution) British Monarch is Hereditary and the
President of India is Constitutionally elected.
9 December, 1946 Establishment of Constituent Assembly
K Santhanam The Directive Principles of Policy have given
11 December, 1946 Dr. Rajendra Prasad elected as President of
rise to the conflict between the Legislature, the
the Constituent Assembly Executive and the Judiciary. This conflict is
13 December, 1946 Objective Resolution introduced by possible both at the Central and state levels.
Jawaharlal Nehru Dr. Rajendra There is some such provision in the
22 January, 1947 Objective Resolution was accepted Prasad Constitution, in which some shortcomings
may be visible from here and there. We have
22 July, 1947 National Flag was approved to accept that the above shortcomings are
inherent in the circumstances of the country.
15 August, 1947 India got Independence
29 August, 1947 Formation of Drafting Committee SC Kashyap It was no small feat that in a span of less than
three years, the legislature was able to
26 November, 1949 Indian Constitution was adopted develop a constitution that was accepted by
24 January, 1950 The last meeting of the Indian large number of people in the country.
Constituent Granville Austin With the adoption of this Constitution by the
Assembly members of the Constituent Assembly on 26
24 January, 1950 National Anthem was adopted November, 1949, India became the largest
democracy in the world.
26 January, 1950 Indian Consitution was got impleimented
Ivor Jennings The Directive Principles of Policy are based on
the political philosophy of 19th century
Views on Indian Constitution England and will not be useful for the future
of India.
Personality Views
Jawaharlal
A great adventure has been started to give Ivor Jennings The Indian Constitution is too long and too
Nehru
written and printed form to the dreams rigid; the Indian Constitution is a Lawyer’s
and aspirations of the nation. Paradise.
Granville Austin The basic spirit of commitment to social
revolution is contained in Part-III and Part –IV of Mahatma Only the Constituent Assembly can make such
the Constitution, Fundamental Rights and Gandhi a Constitution, which is indigenous to India,
Directive Principles of State Policy. This is the i.e., it represents the will of the people.
soul of the Constitution. BR Ambedkar Credit for the ease with which the Constituent
Assembly passed the provisions made by the
BR Ambedkar The functioning of the Constitution depends Drafting Committee should be attributed to the
entirely on the nature of the Constitution, as discipline established by the Congress.
its instrument to implement.
TT The Directive Principle of State Policy is the
BR Ambedkar If a Government neglects the Directive Krishnamachari permanent garbage house of emotion.
Principles, it must be accountable to the public
for it. KC Wheeler The Directive Principles are like a religious
sermon.
Kt Shah The Directive Principles of Policy is a check, the
payment of which has been left at the will of N Sri Niwas The Directive Principles of Policy have been
the Bank. classified irrationally and improperly.

KC Wheeler The importance of Directive Principles of Policy Grenville Austin The Constituent Assembly is a One-Party
lies in this subject. That’s why they are positive Body. Assembly is Congress and Congress is
obligation of the state towards the citizens. India.

Mc Setalvad The Directive Principles of State Policy give a Ivor Jennings The framers of the Indian Constitution have
broad form to the ‘Preamble, which helps the tried to keep minority interests and sentiments
citizens to maintain Justice, Liberty, Equality and to a minimum in the Indian Union.
Fraternity.
NCERT Notes INDIAN POLITY & GOVERNANCE
167

Glossar
y
Adjournment Motion Motion for an adjournment of the political office. It thus constitutes a way of making
business of the House for the purpose of discussing a election to some significant position of power indirect
definite matter of urgent public importance may be made rather than direct.
with the consent of the speaker.
Guillotine In modern parliamentary practices, it
Adult Franchise In democratic countries, all the adult specifically means the sudden closure of a debate on an
citizens of certain age without any distinctions of caste, issue and the matter is put to the vote of the house.
creed, colour, religion or sex are given the Right to Vote.
Hung Parliament When in a general election, no
This is called as an Adult Franchise. The prescribed
political party or coalition of the political parties is in a
minimum age for the citizens to avail the voting right
position to form a majority Government, such a
may differ from country-to-country. The minimum age
Parliament is called a Hung Parliament.
has been reduced in India from 21 years to 18 years by
the 61st Constitutional Amendment Act. Institutional Group Groups which are closely associated
with the Government and act internally to influence
Arbitrary When nothing is fixed and is instead left to
public decisions.
one’s judgement or choice. This can be used to refer to
rules that are not fixed or decisions that have no basis Interest Group Organisations whose members act
etc. together to influence public policy in order to promote
their common interest.
Ballots These are votes cast in an election contested by
two or more individuals or parties. By extension, the Interim Government This Government is formed during
ballot box is the box into which the votes are put and to the transitional phase of the history of the country. It is a
ballot denotes the process of voting. There are many full-fledged Government and can take any policy
different kinds of voting procedure. decisions. In India, the Interim Government came to
power with the Independence of India Act on 15th
By-Election This is a mid-term election to fill-up one or August and lasted till March, 1952.
few constituencies, which have become vacant due to
resignation, death or otherwise before the completion of Laissez-Faire The non-intervention of the state in the
the full-term of the representatives. economy.
Calling Attention It is a notice by which a member with Lame-Duck Session It refers to the last session of an
prior permission of the Speaker, calls the attention of a existing Parliament, when the elections to the new
minister to any matter of urgent public importance. The Parliament are announced and are shortly due. Infact,
minister may make a brief statement or ask for sometime those members of the existing Parliament are called
an hour or a day for the reply. Lame-Duck, who could not find place in the new
The ‘Calling Attention’ procedure does not exist in the Parliament.
Rajya Sabha, which has instead the ‘Motion of Papers’. Lobbying An activity of interest groups aimed at
Civil Rights Movement A movement that began in USA influencing Governors and the public to achieve a
in 1950s, in which African-American people demanded favourable policy decision(s).
equal rights and end to racial discrimination. Magna Carta (Great Charter) A document signed by
Conservatism A political ideology generally King John in 1215, conceding that the king is subject
characterised by a belief in individualism and minimal to law.
Government intervention in the economy and society, Manifesto If refers to a document of the political
also a belief in the virtue of the status quo and general parties, listing their policies, programmes and their
acceptance of traditional morality. achievements and it is released to the general public
Covenant Promise made by individuals, groups or before every general elections.
countries to uphold a rule or principle. It is legally Martial Law This is a state of affairs declared by a
binding on the signatories to the agreement or civilian government, in which the military forces are
statement. empowered to rule, govern and control an area which
Detention It refers to the act of being kept in illegal can be a small locality or the entire nation, in a way
custody by the police. involving direct force and without the usual constraints
of democratic decision-making or the acceptance of civil
Diplomacy A system of formal, regularised rights.
communication that allows states to peacefully conduct
their business with each other. Mid-Term Poll If the Popular House of the Parliament is
not able to complete its full-term, it is dissolved and
Electoral College An electoral college is a group of mid-term elections are held to constitute a new house.
people who have been specially appointed, nominated or Such elections are called as mid-term poll.
elected in order that they should hold an election for a
 NCERT Notes INDIAN POLITY & GOVERNANCE
168

Ombudsman In Sweden, the ombudsman is a high frequently, since in Switzerland. The policy question
ranking public official responsible for hearing the may originate from a group of electors directly via an
people’s grievances against various government initiative or from an official body such as a State
authorities and the matters of corruption in the Government, Legislature or Constitutional council.
government.
Rule of Law The Concept of Rule of Law was given by
Plebiscite It means the opinion of the people on an issue, the British political thinker Dicey. It means that every
taken by the government in order to take a decision citizen is equal before the law and will get equal
about an important matter. e.g. Pakistan is demanding a protection of the law. No person shall be discriminated
plebiscite in Jammu and Kashmir to decide whether the on the grounds of caste, creed, religion etc. Also, no one
residents of that state would like to stay with India or should be given special privileges in terms of the legal
with Pakistan. provisions. Rule of Law is the cornerstone of the modern
Plurality A voting decision based on assigning victory to democracies and the basis of the Constitutional
the largest number of votes, not necessarily a majority. Government.
Point of Order It is an extra-ordinary process which Shadow Cabinet It is a national cabinet formed by the
when raised, has the effect of suspending the business main opposition party in the Parliament wherein the
before the house and the member who is on his legs gives members are assigned certain special functions to
way. This is meant to assist the presiding officer in perform. Such members lead the opposition during the
enforcing the rules, directions and provisions of the discussions in the Parliament. It is also known as the
Constitution for regulating the business of the house. Cabinet in waiting.
Portfolio The administrative responsibility carried by a Single Transferable Vote (STV) A form of proportional
minister, usually some combinations of departments and representation in which electors vote for individuals
other agencies. rather than party lists, lans problem ranking the
Prerogative The residual powers of the head to the candidates in their order of choice.
executive that can be exercised at its own discretion. Standing Committee Legislative committees that are
Proclamation The announcement of the official date a set-up permanently and parallel government functions.
new law will take effect. Statute A specific piece of legislation.
Quorum It refers to the required presence of the Subordinate Legislation The rules and regulations
minimum member of members of a body to hold its made by the government within the purview of the
meetings and conduct its business. e.g. the presence of authority delegated by the legislature are called
1/10 members (quorum of 1/10) is required to hold the subordinate legislation.
meetings of the Parliament. In the absence of the quorum, Unitary System A system of government in which a
the meeting is adjourned and no business is conducted. single sovereign government rules the country.
Red Tapism Traditionally, the paper files used in the Welfare States The nation of a welfare state was
official works of the government were tied with a red developed in 20th century. A welfare state, as distinct
tape. Thus, the red tapism refers to undue delay in the from a police state, performs multifarious activities and
movement of files or official business due to the functions to ensure the welfare of the people with
bureaucratic hurdles at various levels. respect to health, education, social development,
Referendum This is a method of referring a question or creating employment, removal of poverty and hunger,
set of questions to the electorate directly rather than amelioration of the weaker sections of the society.
allowing them to be settled by the people’s Whip This is an official appointed by a political party
representatives in the legislature. to regulate and monitor the behaviour of its members
It was used frequently in the USA from the revolutionary in the legislature. The violation of whip invites the
period at the state level and was used even earlier and disciplinary action against the offending party members.