The Constitution of India is not a sudden creation. It grew out of nearly two centuries of British rule in which the Parliament of Britain, step by step, took over the government of India from the East India Company. Every stage of this long process is a favourite area for questions in every competitive exam.

1. The Regulating Act of 1773 was the first step taken by the British Parliament to regulate the affairs of the East India Company. It designated the Governor of Bengal as the Governor-General of Bengal and created an Executive Council of four members to assist him. Warren Hastings became the first Governor-General of Bengal. The Act also established the Supreme Court at Calcutta in 1774 with a Chief Justice and three other judges. The Company's servants were forbidden from receiving presents and from private trade.

2. Pitt's India Act of 1784 created a Board of Control to look after political matters, while the Court of Directors looked after commercial matters. This came to be called 'double government'. The Act gave the Governor-General greater control over the Presidencies of Bombay and Madras in matters of war, peace and revenue.

3. The Charter Act of 1833 made the Governor-General of Bengal the Governor-General of India, with Lord William Bentinck as the first holder of that office. The Company stopped being a commercial body and became purely an administrative and political body. For the first time the government of the whole of British India came under one central authority with the power to legislate for the entire territory.

4. The Government of India Act of 1858 transferred the rule of India from the Company to the British Crown after the Revolt of 1857. The office of Secretary of State for India was created and he was assisted by a Council of India of fifteen members. The Governor-General came to be called the Viceroy, and Lord Canning was the first Viceroy of India.

5. The Indian Councils Act of 1909, known as the Morley–Minto Reforms, introduced separate electorates for the Muslims. This was the beginning of communal representation in Indian politics, which ultimately led to the partition of the country.

6. The Government of India Act of 1919, based on the Montagu–Chelmsford Report, introduced dyarchy in the provinces, under which the provincial subjects were divided into 'transferred' and 'reserved' subjects. It created a bicameral central legislature and, for the first time, separated the central and provincial subjects.

7. The Government of India Act of 1935 provided for an all-India federation of provinces and princely states, provincial autonomy and dyarchy at the centre. It established the Reserve Bank of India in 1935, the Federal Court in 1937 and Public Service Commissions, and created three lists of subjects — Federal, Provincial and Concurrent.

8. The Indian Independence Act of 1947 ended British rule and created the two independent dominions of India and Pakistan from 15 August 1947. It made the Constituent Assembly of each dominion a fully sovereign body.

Key points to remember:

• Regulating Act 1773: first step of parliamentary control; Supreme Court at Calcutta (1774).
• Pitt's India Act 1784: double government; Board of Control.
• Charter Act 1833: Governor-General of India; centralisation.
• GOI Act 1858: Crown rule; Secretary of State; Viceroy.
• Councils Act 1909 (Morley–Minto): separate electorates for Muslims.
• GOI Act 1919: dyarchy in provinces; bicameral legislature at the centre.
• GOI Act 1935: provincial autonomy; federation; RBI, Federal Court.
• Independence Act 1947: partition and two dominions.

The Constituent Assembly was formed on the basis of the Cabinet Mission Plan of May 1946. Under this plan, the Assembly was to have 389 members — 296 for the provinces of British India and 93 for the princely states. The elections for the provincial seats were held in July 1946, and the members were elected indirectly by the members of the provincial legislative assemblies through the system of proportional representation by means of the single transferable vote.

After the partition of the country in 1947, the Assembly was reduced to 299 members. The princely states, however, did not join in the beginning. On 9 December 1946, the Constituent Assembly held its first meeting, and Dr Sachchidananda Sinha, the oldest member, acted as the temporary President. On 11 December 1946, Dr Rajendra Prasad was elected as the permanent Chairman of the Assembly.

On 13 December 1946, Jawaharlal Nehru moved the historic Objectives Resolution, which was adopted on 22 January 1947. This resolution declared India to be an independent sovereign republic and laid down the fundamental principles which became the guiding spirit of the Constitution. The Preamble of the Constitution is largely based on this resolution.

The Constituent Assembly set up a number of committees for different subjects. The most important of these was the Drafting Committee, set up on 29 August 1947, with Dr B. R. Ambedkar as its Chairman. Its other members were N. Gopalaswamy Ayyangar, Alladi Krishnaswamy Ayyar, K. M. Munshi, Syed Mohammad Saadulla and N. Madhava Rau. The draft Constitution was published in February 1948, and it was discussed clause by clause over many months. In all, the Assembly held eleven sessions covering 165 days.

The Constitution was adopted on 26 November 1949 and was signed by the members on 24 January 1950. It came into force on 26 January 1950, which is celebrated every year as the Republic Day. The original Constitution had 395 Articles, 22 Parts and 8 Schedules. The Constituent Assembly took 2 years, 11 months and 18 days to complete its task, and the total expenditure was about sixty-four lakh rupees.

The Assembly also performed some other functions. It ratified the joining of the Commonwealth in May 1949, adopted the national flag, the national anthem and the national song, and elected Dr Rajendra Prasad as the first President of India in January 1950. Certain provisions of the Constitution relating to citizenship, elections and the provisional Parliament came into force on 26 November 1949 itself, while the rest came into force on 26 January 1950.

Key points to remember:

• Constituent Assembly formed under the Cabinet Mission Plan (1946); originally 389 members.
• First meeting: 9 December 1946; temporary Chairman: Dr Sachchidananda Sinha.
• Permanent Chairman/President of the Assembly: Dr Rajendra Prasad.
• Objectives Resolution: moved by Nehru on 13 December 1946, adopted 22 January 1947.
• Drafting Committee formed on 29 August 1947; Chairman: Dr B. R. Ambedkar.
• Constitution adopted on 26 November 1949; enforced on 26 January 1950.
• Original Constitution: 395 Articles, 22 Parts, 8 Schedules.
• The Preamble is based on the Objectives Resolution.

The Constitution of India is a unique document which combines the good features of many constitutions of the world. Because so many features have been borrowed, it is sometimes said that the Constitution is a 'bag of borrowings'. The main sources are the Government of India Act of 1935 and the constitutions of the United Kingdom, the United States, Ireland, Canada, Australia, South Africa and the former USSR.

1. Lengthiest written constitution: The Constitution of India is the lengthiest written constitution of any sovereign country in the world. Originally it had 395 Articles, 22 Parts and 8 Schedules, but today it has grown to about 470 Articles, 25 Parts and 12 Schedules through amendments.

2. Drawn from various sources: From Britain it took parliamentary government, rule of law, single citizenship and the Speaker's office. From the USA it took fundamental rights, judicial review, independence of the judiciary and impeachment of the President. From Ireland it took the Directive Principles of State Policy. From Canada it borrowed a strong federation with a strong centre. From Australia it took the concurrent list and freedom of trade. From the former USSR came the Fundamental Duties and the ideals of justice, liberty and equality in the Preamble.

3. Blend of rigidity and flexibility: Some provisions can be amended by a simple majority, some by a special majority, and some need the ratification of half of the states as well. Thus it is neither completely rigid like the American Constitution nor completely flexible like the British Constitution.

4. Federal system with a unitary bias: The Constitution provides for a federal system with the division of powers between the centre and the states. But it has a strong unitary bias — a single constitution, single citizenship, a strong centre, and the centre can override state powers in an emergency. Because of this it is often called 'quasi-federal'.

5. Parliamentary form of government: Both at the centre and in the states, the Constitution provides for a parliamentary system based on the British model, in which the executive is responsible to the legislature.

6. Synthesis of parliamentary sovereignty and judicial supremacy: The Supreme Court has the power of judicial review, while the Parliament can amend the Constitution subject to the basic structure. Thus neither is supreme in the absolute sense.

7. Integrated and independent judiciary: There is a single integrated system of courts from the Supreme Court down to the lower courts, and the judiciary is independent of the executive and the legislature.

8. Fundamental Rights and Duties, and Directive Principles: Part III gives Fundamental Rights which are justiciable, Part IVA gives Fundamental Duties to citizens, and Part IV contains the Directive Principles of State Policy which are non-justiciable.

9. Universal adult franchise and single citizenship: Every citizen above the age of eighteen has the right to vote, and there is only one citizenship — that of India — for the whole country.

10. Three-tier government: After the 73rd and 74th Amendments of 1992, there is a third tier of government at the village and urban levels in addition to the centre and the states.

11. A secular state and special provisions: The state has no official religion, and special provisions have been made for the Scheduled Castes, Scheduled Tribes and other backward classes, as well as for the north-eastern states under Articles 371 and the Sixth Schedule.

Key points to remember:

• The Constitution is called a 'bag of borrowings' because of its many borrowed features.
• Federal with a unitary bias is called 'quasi-federal'.
• From the USA: Fundamental Rights and judicial review.
• From Ireland: Directive Principles of State Policy.
• From Britain: parliamentary government and rule of law.
• Fundamental Duties were borrowed from the former USSR.
• Original: 395 Articles, 22 Parts, 8 Schedules; now about 470 Articles, 25 Parts, 12 Schedules.

The Preamble of the Constitution is a brief introductory statement which gives the philosophy and the ideals of the Constitution. It is based on the Objectives Resolution moved by Jawaharlal Nehru in the Constituent Assembly. It declares that the source of all authority under the Constitution is 'We, the People of India'.

The full text of the Preamble declares: 'We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.'

Originally, the words 'socialist', 'secular' and 'integrity' were not present in the Preamble. They were added by the 42nd Constitutional Amendment Act of 1976. Earlier the Preamble described India as a 'Sovereign Democratic Republic' only.

The keywords of the Preamble carry specific meanings:

• Sovereign means that India is internally and externally independent and is not subject to any outside authority.
• Socialist means that the state aims to secure social and economic equality and to end poverty, ignorance and inequality. In India it is a 'democratic socialism' and not the ownership of all means of production by the state.
• Secular means that the state has no religion of its own and treats all religions equally; it neither promotes nor interferes with any religion.
• Democratic means that the government derives its authority from the will of the people, expressed through free and fair elections on the basis of universal adult franchise.
• Republic means that the head of the state is an elected person and not a hereditary monarch.
• Justice has three forms — social, economic and political.
• Liberty means freedom of thought, expression, belief, faith and worship.
• Equality means equality of status and opportunity for all citizens.
• Fraternity assures the dignity of the individual and the unity and integrity of the nation.

In the Berubari Union case (1960), the Supreme Court held that the Preamble is not a part of the Constitution and cannot be enforced in a court of law. But in the Kesavananda Bharati case (1973), the Court overruled this and declared that the Preamble is a part of the Constitution and can be amended, but the basic features of the Constitution given in the Preamble cannot be destroyed. The Preamble is neither a source of power nor a source of prohibition, but it acts as a key to open the mind of the makers of the Constitution.

Key points to remember:

• The Preamble is based on the Objectives Resolution of Nehru.
• Words added by the 42nd Amendment (1976): socialist, secular, integrity.
• Berubari case (1960): Preamble not a part of the Constitution.
• Kesavananda Bharati case (1973): Preamble is a part of the Constitution.
• Source of authority: 'We, the People of India'.
• The date of adoption given in the Preamble is 26 November 1949.

The first Part of the Constitution (Articles 1 to 4) deals with the Union and its territory. Article 1 declares that India, that is Bharat, shall be a Union of States. It is important to note that the Constitution uses the word 'Union' and not 'Federation', because the Indian Union is indestructible — no state has the right to secede from it. The territory of India consists of the territories of the states, the union territories and such territories as may be acquired by India.

Article 2 empowers the Parliament to admit new states into the Union or to establish new states on such terms and conditions as it thinks fit. Under Article 3, the Parliament can form a new state by separation of territory from any state, by uniting two or more states, or by uniting any territory to a part of any state, and it can also alter the boundaries or the name of any state. However, a bill for this purpose can be introduced in the Parliament only on the recommendation of the President, and it is sent to the concerned state legislature for its views, though such views are not binding on the Parliament.

The States Reorganisation Act of 1956 was passed under Article 3, and on the recommendation of the States Reorganisation Commission the states were reorganised largely on a linguistic basis. Articles 2 and 3 do not require the amendment procedure of Article 368, and laws made under these articles are not deemed to be amendments of the Constitution.

Citizenship is dealt with in Part II (Articles 5 to 11). At the commencement of the Constitution on 26 January 1950, Article 5 gave citizenship to every person who had his domicile in India and (a) was born in India, or (b) either of whose parents was born in India, or (c) who had been ordinarily resident in India for not less than five years. Article 6 covered persons who migrated to India from Pakistan, Article 7 dealt with persons who migrated to Pakistan, Article 8 covered Indians residing abroad, and Article 9 declared that a person who voluntarily acquired the citizenship of a foreign state would not be an Indian citizen.

The Constitution does not provide for a permanent law of citizenship. Article 11 gives the Parliament the power to make laws on citizenship, and on the basis of this the Citizenship Act, 1955 was passed. Citizenship under this Act can be acquired by birth, by descent, by registration, by naturalisation, and by incorporation of territory. Citizenship can be lost by renunciation, by termination and by deprivation.

The Constitution provides for only single citizenship — a person is a citizen of India and not of any separate state. The Citizenship Act of 1955 has been amended several times, and the Citizenship (Amendment) Act, 2019 provides a path to citizenship for persecuted minorities from neighbouring countries.

Key points to remember:

• Article 1: India, that is Bharat, shall be a Union of States.
• Article 2: admission or establishment of new states.
• Article 3: formation of new states and alteration of areas, boundaries or names.
• States Reorganisation Act: 1956, largely on linguistic basis.
• Citizenship Act, 1955; acquisition by birth, descent, registration, naturalisation and incorporation of territory.
• The Constitution provides for single citizenship only.

The Fundamental Rights are given in Part III of the Constitution (Articles 12 to 35). They are called 'fundamental' because they are guaranteed by the Constitution and are justiciable, that is, they can be enforced in a court of law. They are not absolute rights but have reasonable restrictions imposed in the interest of the public.

Article 12 defines the 'State' which includes the government and Parliament of India, the government and legislatures of the states, and all local and other authorities within the territory of India. Article 13 provides for judicial review — any law made before or after the Constitution which is inconsistent with the Fundamental Rights is void to the extent of the inconsistency.

The Fundamental Rights can be divided into six groups:

1. Right to Equality (Articles 14 to 18): Article 14 provides for equality before law (British concept) and equal protection of the laws (American concept), and it allows the state to make reasonable classification. Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth, but allows special provisions for women, children and backward classes. Article 16 provides equality of opportunity in public employment. Article 17 abolishes untouchability and makes its practice a punishable offence. Article 18 abolishes titles except military and academic distinctions.

2. Right to Freedom (Articles 19 to 22): Article 19 originally gave seven freedoms, but after the 44th Amendment (1978) it gives six freedoms — freedom of speech and expression, peaceful assembly without arms, forming associations or unions, moving freely throughout India, residing and settling in any part of India, and practising any profession or carrying on any occupation, trade or business. All these freedoms are subject to reasonable restrictions. Article 20 protects persons against ex-post-facto laws, double jeopardy and self-incrimination. Article 21 declares that no person shall be deprived of his life or personal liberty except according to procedure established by law. Article 21A, added by the 86th Amendment (2002), makes the right to education a Fundamental Right for children between six and fourteen years. Article 22 gives protection against arbitrary arrest and detention and deals with preventive detention.

3. Right against Exploitation (Articles 23 and 24): Article 23 prohibits traffic in human beings, begar and other forms of forced labour. Article 24 prohibits the employment of children below the age of fourteen in factories, mines and other hazardous activities.

4. Right to Freedom of Religion (Articles 25 to 28): Article 25 gives freedom of conscience and free profession, practice and propagation of religion. Article 26 gives the right to manage religious affairs, Article 27 prohibits taxes for the promotion of any religion, and Article 28 prohibits religious instruction in state-funded educational institutions.

5. Cultural and Educational Rights (Articles 29 and 30): Article 29 protects the interests of minorities in respect of language, script and culture, and Article 30 gives minorities the right to establish and administer educational institutions.

6. Right to Constitutional Remedies (Article 32): Dr Ambedkar called Article 32 the 'heart and soul' of the Constitution. It gives every person the right to move the Supreme Court for the enforcement of Fundamental Rights, and the Court can issue writs — habeas corpus, mandamus, prohibition, certiorari and quo warranto. The High Courts have a similar power under Article 226, which is even wider because it can be used for other purposes also.

The right to property was originally a Fundamental Right under Article 31, but it was removed from the list of Fundamental Rights by the 44th Amendment (1978) and is now only a legal right under Article 300A. During a national emergency, Fundamental Rights can be suspended, but Articles 20 and 21 can never be suspended, and even Article 19 cannot be suspended during an emergency declared on the ground of armed rebellion after the 44th Amendment.

Key points to remember:

• Fundamental Rights: Part III, Articles 12 to 35, justiciable.
• Article 13: judicial review; laws inconsistent with Fundamental Rights are void.
• Article 17 abolishes untouchability; Article 18 abolishes titles.
• Article 19 originally seven freedoms, now six.
• Article 21A: right to education (6 to 14 years), added by the 86th Amendment (2002).
• Article 32 is the 'heart and soul' of the Constitution (Dr Ambedkar).
• Writs: habeas corpus, mandamus, prohibition, certiorari, quo warranto.
• Right to property removed as a Fundamental Right by the 44th Amendment (1978).

The Directive Principles of State Policy are given in Part IV of the Constitution (Articles 36 to 51). The concept was borrowed from the Constitution of Ireland, which had itself copied it from the Spanish Constitution. These principles direct the state to establish a just society and a welfare state. Article 37 clearly declares that the Directive Principles are not enforceable in any court of law, but they are nevertheless 'fundamental in the governance of the country' and it is the duty of the state to apply these principles in making laws.

Article 36 defines the 'State' in the same manner as Article 12 of Part III. The Directive Principles can be broadly divided into three categories — socialistic, Gandhian and liberal-intellectual principles:

1. Socialistic principles aim at the welfare of the people. Article 38 directs the state to secure a social order for the promotion of the welfare of the people. Article 39 requires the state to secure an adequate means of livelihood, equal pay for equal work for both men and women, protection of the health of workers, and protection of children from exploitation. Article 39A, added by the 42nd Amendment, directs the state to promote equal justice and free legal aid. Article 41 directs the state to secure the right to work, education and public assistance in cases of unemployment, old age, sickness and disablement. Article 42 provides for just and humane conditions of work and maternity relief. Article 43 directs the state to secure a living wage and decent conditions for workers, and Article 43A provides for the participation of workers in the management of industries.

2. Gandhian principles reflect the ideas of Mahatma Gandhi. Article 40 directs the state to organise village panchayats as units of self-government. Article 43 promotes cottage industries. Article 46 directs the state to promote the educational and economic interests of the Scheduled Castes, Scheduled Tribes and other weaker sections. Article 47 directs the state to raise the level of nutrition and standard of living and to prohibit the consumption of intoxicating drinks and drugs. Article 48 directs the state to organise agriculture and animal husbandry on modern and scientific lines, and in particular to prohibit the slaughter of cows and calves. Article 43B, added by the 97th Amendment, promotes the voluntary formation, autonomous functioning and democratic control of cooperative societies.

3. Liberal-intellectual principles include Article 44, which directs the state to secure a Uniform Civil Code for all citizens; Article 45, which directs the state to provide early childhood care and education to children below six years; Article 48A, added by the 42nd Amendment, which directs the state to protect and improve the environment and safeguard the forests and wildlife; Article 49, which directs the state to protect monuments of historical importance; Article 50, which requires the state to separate the judiciary from the executive; and Article 51, which directs the state to promote international peace and security.

Some important points for exams:

• The Directive Principles are non-justiciable, while the Fundamental Rights are justiciable.
• The Constitution says that in case of a conflict between a Fundamental Right and a Directive Principle, the Fundamental Right prevails in a court of law.
• Unlike Fundamental Rights, the Directive Principles are not automatically enforceable, and no law can be declared void merely for being inconsistent with them.
• The Directive Principles help the courts in judging the reasonableness of restrictions placed on Fundamental Rights.

Key points to remember:

• Directive Principles: Part IV, Articles 36 to 51; borrowed from Ireland.
• Article 37: non-justiciable but fundamental in the governance of the country.
• Gandhian principles include panchayats (40), cottage industries (43), SC/ST welfare (46), prohibition (47), cow protection (48).
• Article 44: Uniform Civil Code; Article 50: separation of judiciary from executive.
• Article 51: promotion of international peace and security.
• 42nd Amendment added Articles 39A, 43A and 48A.

The Fundamental Duties of citizens are given in Part IVA of the Constitution under a single Article 51A. These duties were not there in the original Constitution. They were added by the 42nd Constitutional Amendment Act of 1976 on the recommendation of the Swaran Singh Committee. The idea of Fundamental Duties was inspired by the Constitution of the former USSR. Japan is the only other major democracy in which the citizens have both Fundamental Rights and Fundamental Duties mentioned in the Constitution.

Originally there were ten Fundamental Duties. The 86th Constitutional Amendment Act of 2002 added an eleventh duty. The eleven Fundamental Duties of every citizen of India are:

1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.

2. To cherish and follow the noble ideals which inspired the national struggle for freedom.

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

4. To defend the country and render national service when called upon to do so.

5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities, and to renounce practices derogatory to the dignity of women.

6. To value and preserve the rich heritage of the country's composite culture.

7. To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.

8. To develop the scientific temper, humanism and the spirit of inquiry and reform.

9. To safeguard public property and to abjure violence.

10. To strive towards excellence in all spheres of individual and collective activity.

11. To provide opportunities for education to his child or ward between the age of six and fourteen years (added by the 86th Amendment, 2002).

Some important features of the Fundamental Duties:

• The Fundamental Duties apply only to citizens and not to foreigners.
• The Fundamental Duties are not justiciable, that is, they cannot be enforced by courts, and there is no legal punishment for their violation. However, the Parliament may make laws to enforce them, as in the case of the Prevention of Insults to National Honour Act.
• Some duties are moral duties and some are civic duties.
• The Verma Committee on Fundamental Duties recommended that Fundamental Duties should be enforced through laws, and suggested a few concrete measures in this regard.
• The Fundamental Duties help to remind citizens that while they enjoy Fundamental Rights, they also have certain obligations towards the nation.

Key points to remember:

• Fundamental Duties: Part IVA, Article 51A.
• Added by the 42nd Amendment (1976) on the Swaran Singh Committee recommendation.
• Originally ten duties; the 86th Amendment (2002) added the eleventh duty (education of children 6 to 14 years).
• Inspired by the Constitution of the former USSR.
• Applicable only to citizens; non-justiciable.

The executive power of the Union is vested in the President of India (Article 52), but in practice the real executive authority is exercised by the Council of Ministers headed by the Prime Minister. The President is the constitutional head of the state and is often called the 'first citizen of India'.

Election of the President: The President is elected indirectly by an electoral college consisting of the elected members of both Houses of Parliament, the elected members of the legislative assemblies of the states, and the elected members of the legislative assemblies of the union territories of Delhi and Puducherry (added by the 70th Amendment, 1992). The nominated members of both Houses and the members of the state legislative councils do not take part in the election. The election is held by the method of proportional representation by means of the single transferable vote, and voting is by secret ballot. All the states are given weightage in proportion to their population.

Qualifications of the President (Article 58): A person must be a citizen of India, must have completed the age of thirty-five years, must be qualified for election as a member of the Lok Sabha, and must not hold any office of profit under the government.

The President holds office for a term of five years. The President can resign by writing to the Vice-President. The President can be removed from office only by the process of impeachment under Article 61 for 'violation of the Constitution'. The impeachment charges can be brought by either House of Parliament, and the charge is investigated by the other House. The resolution must be passed by a majority of two-thirds of the total membership of the House which investigates the charge.

The President has many powers — executive, legislative, financial, judicial and emergency powers. In the legislative field, the President summons and prorogues the Houses of Parliament and dissolves the Lok Sabha. The President can issue ordinances under Article 123 when the Parliament is not in session. Every bill passed by the Parliament requires the assent of the President. In the case of money bills the President can either give assent or withhold it, but in the case of ordinary bills the President can return them for reconsideration. If the Houses pass the bill again, the President has to give assent to it. The President also enjoys the power of granting pardons under Article 72 in cases of punishment by a court of law.

The Vice-President is the second highest constitutional office of the Union. The Vice-President is ex-officio the Chairman of the Rajya Sabha (Article 64). The Vice-President is elected by the members of both Houses of Parliament, including nominated members, by the method of proportional representation by means of the single transferable vote. A person to be elected as Vice-President must be a citizen of India, must have completed thirty-five years of age, and must be qualified for election as a member of the Rajya Sabha. The term of the Vice-President is five years. When the office of the President falls vacant by death, resignation or removal, the Vice-President acts as the President until a new President is elected, which must be done within six months. All doubts and disputes relating to the election of the President and Vice-President are decided by the Supreme Court (Article 71).

Key points to remember:

• President is elected indirectly by an electoral college (Article 54); method: proportional representation by single transferable vote.
• Qualification: citizen of India, 35 years of age, qualified for Lok Sabha membership.
• Impeachment for 'violation of the Constitution' (Article 61).
• President can issue ordinances under Article 123.
• Vice-President is ex-officio Chairman of the Rajya Sabha.
• Vice-President acts as President during a vacancy for a maximum of six months.
• Election disputes are decided by the Supreme Court.

Article 74 of the Constitution provides that there shall be a Council of Ministers with the Prime Minister at its head to aid and advise the President, and the President shall act in accordance with such advice. After the 42nd Amendment (1976) this advice became binding on the President, and the 44th Amendment (1978) added the power of the President to send the advice back for one reconsideration.

Article 75 deals with other matters of the Council of Ministers. The Prime Minister is appointed by the President, and the other ministers are appointed by the President on the advice of the Prime Minister. The ministers hold office during the pleasure of the President. Article 75 also provides that the Council of Ministers shall be collectively responsible to the Lok Sabha, and it is the duty of the Prime Minister to communicate all decisions of the Council of Ministers to the President (Article 78).

Normally, the President invites the leader of the majority party in the Lok Sabha to form the government and appoints him as the Prime Minister. When no party has a clear majority, the President may use his discretion. A person who is not a member of either House of Parliament can also be appointed as Prime Minister, but he must become a member of Parliament within six months. The oath of office and secrecy is administered to the Prime Minister and the ministers by the President.

The Council of Ministers is a broader body and has three categories of ministers:

1. Cabinet Ministers: They are the senior ministers who head important departments, attend all meetings of the Cabinet and decide major policies.

2. Ministers of State: They may be given independent charge of a department or may be attached to a Cabinet Minister for assistance.

3. Deputy Ministers: They assist the Cabinet Ministers and Ministers of State.

The Cabinet is the inner core of the Council of Ministers. It is a small body of about fifteen to twenty senior ministers who meet frequently to take important policy decisions. The Cabinet works on the principle of collective responsibility.

The important principles of the working of the Council of Ministers are:

• Collective responsibility (Article 75): The Council of Ministers is collectively responsible to the Lok Sabha. If a vote of no-confidence is passed, the whole Council has to resign.
• Individual responsibility: A minister holds office during the pleasure of the President, and the President can dismiss a minister on the advice of the Prime Minister.
• The Prime Minister is the linchpin of the government. He allocates portfolios, presides over Cabinet meetings, acts as the link between the President and the Council of Ministers, and is the leader of the Lok Sabha and of the ruling party.

The 91st Constitutional Amendment Act of 2003 provided that the total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed fifteen per cent of the total strength of the Lok Sabha, and that a member of Parliament who is disqualified on the ground of defection cannot be appointed as a minister. The salaries and allowances of the ministers are determined by the Parliament.

Key points to remember:

• Article 74: Council of Ministers headed by the Prime Minister aids and advises the President.
• Article 75: collective responsibility to the Lok Sabha; ministers hold office during the pleasure of the President.
• 42nd Amendment made the advice of the Council binding on the President.
• Prime Minister is the leader of the majority party in the Lok Sabha.
• A non-member appointed as minister must get elected to Parliament within six months.
• Three categories of ministers: Cabinet, Ministers of State, Deputy Ministers.
• 91st Amendment (2003): strength of the Council limited to 15% of the Lok Sabha.

Article 79 of the Constitution provides that the Parliament of India shall consist of the President, the Lok Sabha and the Rajya Sabha. The Parliament is the supreme legislative body of the Union.

The Rajya Sabha or the Council of States represents the states. Its maximum strength is fixed at 250 members, of which 238 are representatives of the states and the union territories and 12 are nominated by the President from among persons having special knowledge or practical experience in literature, science, art and social service. The representatives of the states are elected by the elected members of the state legislative assemblies by the method of proportional representation by means of the single transferable vote. The Rajya Sabha is a permanent House and is never dissolved as a whole. One-third of its members retire every second year, and each member serves for a term of six years.

The Lok Sabha or the House of the People represents the people directly. Its maximum strength was originally 552 members — 530 from the states, 20 from the union territories and 2 nominated Anglo-Indians. By the 104th Constitutional Amendment Act (2020), the two nominated seats for Anglo-Indians were abolished. Members of the Lok Sabha are directly elected by the people on the basis of universal adult franchise. The normal term of the Lok Sabha is five years, but it can be dissolved earlier by the President. During a national emergency its term can be extended by the Parliament for one year at a time.

The presiding officers of the Lok Sabha are the Speaker and the Deputy Speaker, elected by the members themselves. The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. The Speaker presides over the sittings of the Lok Sabha, decides whether a bill is a money bill, and gives his casting vote in case of a tie. The Speaker can be removed by a resolution passed by a majority of all the members of the Lok Sabha after a notice of fourteen days.

Important procedures and terms:

• The Parliament must meet at least twice a year, and not more than six months should pass between two sessions. The three sessions are the Budget session, the Monsoon session and the Winter session.
• The quorum of either House is one-tenth of the total membership.
• A money bill is defined in Article 110. Only the Lok Sabha can introduce and pass a money bill, and the Rajya Sabha can only make recommendations within fourteen days, which the Lok Sabha may accept or reject. The Speaker certifies a money bill.
• When a bill is passed by one House but is rejected or not approved by the other House, or the Houses disagree, the President may call a joint sitting of both Houses under Article 108, which is presided over by the Speaker.
• The Question Hour, in which ministers answer questions, is an important device of parliamentary control over the executive.

Money and financial matters: Article 112 requires the President to cause the Annual Financial Statement, that is the Budget, to be laid before the Parliament. The expenditure which is 'charged' on the Consolidated Fund of India, such as the salaries of the President, the judges of the Supreme Court and the Comptroller and Auditor-General, cannot be voted upon by the Parliament. The demands for grants are voted by the Lok Sabha, and money can be withdrawn from the Consolidated Fund only through an Appropriation Act.

Key points to remember:

• Parliament = President + Lok Sabha + Rajya Sabha (Article 79).
• Rajya Sabha: maximum 250 members; 12 nominated; permanent House; members serve 6 years.
• Lok Sabha: maximum 550 members (after the 104th Amendment); normal term 5 years.
• Speaker presides over the Lok Sabha; Vice-President is Chairman of the Rajya Sabha.
• Money bills can be introduced only in the Lok Sabha (Article 110).
• Joint sitting (Article 108) is presided over by the Speaker.
• Quorum: one-tenth of the membership of the House.

The Supreme Court of India was established on 28 January 1950, two days after the Constitution came into force. It is the apex court of the country and the guardian of the Constitution. Unlike the High Courts which existed even before independence, the Supreme Court was created directly by the Constitution itself.

Composition (Article 124): The Supreme Court consists of the Chief Justice of India and a maximum of thirty-three other judges, making the total strength thirty-four. This number was raised by an Act of Parliament in 2019. The judges are appointed by the President. The Chief Justice of India is appointed on the basis of seniority, and the other judges are appointed by the President in consultation with the Chief Justice. Under the present collegium system (established through the Second and Third Judges cases of 1993 and 1998), the Chief Justice consults a collegium of the four senior-most judges of the Court for the appointment of judges.

Qualifications (Article 124): A person can be appointed as a judge of the Supreme Court if he is a citizen of India, has been a judge of a High Court for five years, or has been an advocate of a High Court for ten years, or is, in the opinion of the President, a distinguished jurist.

Tenure and removal: A judge of the Supreme Court holds office until he attains the age of sixty-five years. A judge can resign by writing to the President. A judge can be removed only by an order of the President on the ground of 'proved misbehaviour or incapacity', passed after an address by both Houses of Parliament supported by a majority of the total membership of each House and a majority of not less than two-thirds of the members present and voting. This process is called impeachment, and no judge of the Supreme Court has been removed in this way so far.

Jurisdiction and powers of the Supreme Court:

1. Original jurisdiction: It decides disputes between the Government of India and one or more states, between the Government of India and a state on one side and other states on the other, or between two or more states (Article 131). It also has original jurisdiction to issue writs for the enforcement of Fundamental Rights (Article 32).

2. Appellate jurisdiction: It is the highest court of appeal. Appeals lie to it in constitutional matters (Article 132), civil matters (Article 133), criminal matters (Article 134), and by special leave petition (Article 136). Under Article 134A, the High Court can certify a case for appeal to the Supreme Court.

3. Advisory jurisdiction (Article 143): If the President considers that a question of law or fact of public importance has arisen, he can refer the matter to the Supreme Court for its opinion, though this opinion is not binding on the President.

4. Court of record (Article 129): The Supreme Court is a court of record and has the power to punish for its contempt.

5. Power of judicial review: The Supreme Court can declare laws passed by the legislature and actions of the executive as unconstitutional if they violate the provisions of the Constitution.

The law declared by the Supreme Court is binding on all courts within the territory of India (Article 141). All authorities, civil and judicial, in the territory of India act in aid of the Supreme Court (Article 144). The salaries and allowances of the judges are charged on the Consolidated Fund of India and cannot be reduced except during a financial emergency. This is one of the important safeguards for the independence of the judiciary.

Key points to remember:

• Supreme Court established on 28 January 1950; guardian of the Constitution.
• Strength: Chief Justice + 33 judges (total 34).
• Judges appointed by the President; collegium system for appointment.
• Qualification: citizen of India, 5 years High Court judge, or 10 years advocate, or distinguished jurist.
• Retirement age: 65 years; removal by impeachment for proved misbehaviour or incapacity.
• Original, appellate, advisory jurisdiction; court of record; judicial review.
• Article 141: law declared by the Supreme Court is binding on all courts.

The High Courts are the highest judicial bodies in the states. The High Courts of Calcutta, Bombay and Madras were established in 1862 under the Indian High Courts Act of 1861. Article 214 of the Constitution provides that there shall be a High Court for each state, but the Parliament can establish a common High Court for two or more states.

Composition and appointment: Every High Court consists of a Chief Justice and such other judges as the President may from time to time appoint. The judges of the High Court are appointed by the President in consultation with the Chief Justice of India, the Governor of the state and the Chief Justice of the High Court concerned. A judge of one High Court can be transferred to another High Court by the President after consulting the Chief Justice of India.

Qualifications of a judge (Article 217): A person can be appointed as a judge of a High Court if he is a citizen of India, has held a judicial office in India for ten years, or has been an advocate of a High Court or of two or more High Courts in succession for ten years.

Tenure: A judge of the High Court holds office until he attains the age of sixty-two years. He can resign by writing to the President. A judge can be removed by the President only after an address by both Houses of Parliament passed with a special majority on the ground of proved misbehaviour or incapacity, just like a judge of the Supreme Court.

Jurisdiction and powers of the High Courts:

1. Original jurisdiction: Some High Courts, such as those of the presidency towns, have original jurisdiction in civil and criminal cases, and all High Courts have original jurisdiction in revenue and admiralty matters and in company cases.

2. Writ jurisdiction (Article 226): The High Courts can issue writs — habeas corpus, mandamus, prohibition, certiorari and quo warranto — not only for the enforcement of Fundamental Rights but also for any other purpose. This makes the writ jurisdiction of the High Courts wider than that of the Supreme Court.

3. Appellate jurisdiction: The High Court is the highest court of appeal in the state.

4. Supervisory jurisdiction (Article 227): Every High Court has superintendence over all courts and tribunals within its territorial jurisdiction.

5. Court of record (Article 215): Every High Court is a court of record and has the power to punish for its own contempt.

6. Power of judicial review: The High Courts can declare state and central laws unconstitutional if they violate the Constitution.

Control over subordinate courts: The District and Sessions Judge is the highest judicial authority in a district and has both civil and criminal jurisdiction. The judges of the district courts are appointed by the Governor in consultation with the High Court (Article 233). Under Article 235, the control over the district courts and the courts subordinate to them, including posting, promotion and leave of the judges, is vested in the High Court. Below the district courts there are other courts of civil and criminal jurisdiction such as the sub-judges, munsifs and magistrates. The structure of the subordinate judiciary differs slightly from state to state.

Key points to remember:

• High Courts of Calcutta, Bombay and Madras established in 1862.
• Article 214: a High Court for each state; common High Court for two or more states possible.
• Judges appointed by the President; retirement age 62 years.
• Qualification: citizen of India, 10 years of judicial office or 10 years as an advocate of a High Court.
• Writ jurisdiction of High Courts (Article 226) is wider than that of the Supreme Court.
• Article 235: control over subordinate courts is vested in the High Court.

The State Executive consists of the Governor, the Chief Minister and the Council of Ministers. The Constitution provides for the same parliamentary system at the state level as at the centre.

The Governor is the constitutional head of the state (Article 153). The Governor is appointed by the President of India (Article 155) and holds office during the pleasure of the President (Article 156). The term of the Governor is normally five years, but he can be removed earlier by the President. A person can be a Governor of two or more states at the same time. To be appointed a Governor, a person must be a citizen of India and must have completed thirty-five years of age, and he must not be a member of either House of Parliament or of the state legislature. The Governor must not hold any office of profit. The oath of office is administered by the Chief Justice of the state High Court.

The executive power of the state is vested in the Governor and is exercised by him either directly or through officers subordinate to him (Article 154). But, like the President, the Governor acts on the aid and advice of the Council of Ministers headed by the Chief Minister (Article 163). The Governor appoints the Chief Minister and, on his advice, the other ministers. The Council of Ministers is collectively responsible to the state legislative assembly.

The powers of the Governor include executive, legislative, financial and judicial powers. In the legislative field, the Governor summons and prorogues the state legislature, dissolves the legislative assembly, addresses the legislature, and can issue ordinances under Article 213 when the legislature is not in session. Every bill passed by the state legislature requires the assent of the Governor. The Governor can reserve a bill for the consideration of the President (Article 200), which is mandatory in some cases such as a bill affecting the powers of the High Court. In the judicial field, the Governor can grant pardons, reprieves and remissions under Article 161. The Governor also has certain discretionary powers, for example in recommending the imposition of President's rule under Article 356.

The State Legislature consists of the Governor and the legislature. Some states have a unicameral legislature with only a Legislative Assembly, while six states — Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh — have a bicameral legislature with a Legislative Assembly and a Legislative Council.

The Legislative Assembly is the popular house of the state. Its strength varies from a minimum of sixty to a maximum of five hundred members (Article 170), who are directly elected by the people. The normal term of the Legislative Assembly is five years, and its presiding officers are the Speaker and the Deputy Speaker.

The Legislative Council (Article 171) is the upper house of a bicameral state. Its strength cannot exceed one-third of the total strength of the Legislative Assembly and cannot be less than forty. Its members serve for a term of six years, with one-third retiring every two years. One-third of the members are elected by the members of the Legislative Assembly, one-third by the members of local bodies, one-twelfth by teachers, one-twelfth by graduates, and one-sixth are nominated by the Governor. The Parliament can create or abolish a Legislative Council in a state by a simple majority, on a resolution of the state legislative assembly passed by a special majority (Article 169). Money bills can be introduced only in the Legislative Assembly.

Key points to remember:

• The Governor is appointed by the President and holds office during the pleasure of the President.
• Term normally 5 years; qualification: citizen of India, 35 years of age.
• The Governor can issue ordinances under Article 213 and pardon under Article 161.
• Six states are bicameral: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh.
• Legislative Assembly: minimum 60, maximum 500 members; term 5 years.
• Legislative Council: maximum one-third of the Assembly strength; members serve 6 years.

The Constitution divides powers between the centre and the states, and this division is dealt with under three heads — legislative relations, administrative relations and financial relations.

Legislative relations (Articles 245 to 255): Article 245 deals with the extent of laws made by the Parliament and the state legislatures. Article 246 provides for the distribution of legislative subjects. There are three lists in the Seventh Schedule — the Union List on which only the Parliament can make laws, the State List on which normally only the state legislatures can make laws, and the Concurrent List on which both can make laws. Originally the Union List had 97 subjects and the State List 66, but after the 42nd Amendment five subjects were moved from the State List to the Concurrent List, leaving the State List with 61 subjects and raising the Concurrent List to 52. After the 101st Amendment relating to GST, the Union List has about 100 subjects. The residuary powers of legislation belong to the Parliament (Article 248).

Important rules in legislative relations:

• If a law made by a state legislature on a Concurrent subject is repugnant to a law made by the Parliament on the same subject, the law made by the Parliament prevails (Article 254). But if the state law has received the assent of the President, it can prevail in that state.
• The Parliament alone can make laws on subjects not mentioned in any list, on matters relating to union territories, and in certain cases on subjects in the State List through a resolution of the Rajya Sabha (Article 249).

Administrative relations (Articles 256 to 263): The executive power of the state must be so exercised that it does not impede the executive power of the Union (Article 257). The Union can give directions to the states for the construction and maintenance of means of communication, for the protection of railways, and during a national emergency. The President can entrust the functions of the Union to the states (Article 258). Disputes relating to inter-state rivers are dealt with by Parliament (Article 262), and Article 263 provides for the establishment of an Inter-State Council.

Financial relations (Articles 264 to 293): The financial relations are based on the principle that the Union collects a large part of the revenue and shares it with the states. Under Article 269, certain taxes are levied and collected by the Union but assigned to the states, such as stamp duties, excise duties on medicinal preparations and taxes on inter-state trade. Under Article 270, taxes on income other than agricultural income are levied and collected by the Union and distributed between the Union and the states. Article 275 provides for grants-in-aid to the states. Cesses and surcharges levied by the Union are not shared with the states. The Finance Commission (Article 280) is appointed by the President every five years to recommend the distribution of taxes between the Union and the states.

The 101st Constitutional Amendment Act (2016) introduced the Goods and Services Tax and created the GST Council, chaired by the Union Finance Minister, with the finance ministers of the states as members. The GST Council recommends rates and other matters relating to GST. Article 265 declares that no tax shall be levied or collected except by authority of law, and Article 301 guarantees freedom of trade, commerce and intercourse throughout the territory of India. The Inter-State Council was established in 1990 on the recommendation of the Sarkaria Commission, and the Zonal Councils were established by the States Reorganisation Act of 1956.

Key points to remember:

• Three lists: Union List, State List and Concurrent List in the Seventh Schedule.
• Union List about 100 subjects; State List 61; Concurrent List 52 (originally 97, 66 and 47).
• Residuary powers belong to the Parliament (Article 248).
• Article 254: Union law prevails in case of repugnancy on a Concurrent subject.
• Finance Commission under Article 280; appointed every five years.
• GST introduced by the 101st Amendment; GST Council chaired by the Union Finance Minister.
• Article 301: freedom of trade and commerce.
• Inter-State Council established in 1990 on the Sarkaria Commission recommendation.

The idea of village self-government is very old in India, and Article 40 of the Constitution, a Directive Principle, directs the state to organise village panchayats as units of self-government. After independence, the Balwant Rai Mehta Committee (1957) recommended a three-tier system of democratic decentralisation, which came to be known as Panchayati Raj. The Ashok Mehta Committee (1977) suggested a two-tier system. Finally, the 73rd Constitutional Amendment Act of 1992 gave constitutional status to the Panchayati Raj institutions by adding Part IX (Articles 243 to 243O) and the Eleventh Schedule, which lists 29 subjects. This amendment came into force on 24 April 1993, and this day is celebrated as National Panchayati Raj Day.

The Constitution provides for a three-tier system of panchayats:

1. Gram Panchayat at the village level.

2. Panchayat Samiti, Mandal Parishad or Intermediate Panchayat at the block or intermediate level.

3. Zila Parishad at the district level.

However, a state having a population not exceeding twenty lakhs may not have the intermediate level. The members of the panchayats at all three levels are directly elected. The chairperson of a Gram Panchayat is elected directly by the voters of the Gram Sabha in some states, while the chairpersons of the upper levels are elected indirectly by the elected members.

Important provisions of Part IX:

• Gram Sabha (Article 243A): It consists of all the persons registered as voters in the area of a Gram Panchayat, and it exercises such powers as the legislature of the state may provide.
• Composition (Article 243C): The legislature of a state may make laws regarding the composition of panchayats, and the State Election Commission conducts the elections.
• Reservation of seats (Article 243D): Seats are reserved for the Scheduled Castes and Scheduled Tribes in proportion to their population, and not less than one-third of the total number of seats are reserved for women, including women belonging to the Scheduled Castes and Scheduled Tribes.
• Duration of panchayats (Article 243E): Every panchayat continues for five years from its first meeting. If it is dissolved earlier, fresh elections must be held within six months, and the new panchayat serves only for the remaining period of the five-year term.
• Powers and functions (Article 243G): The panchayats are given the authority to prepare plans for economic development and social justice and to implement schemes for the 29 subjects listed in the Eleventh Schedule, which include agriculture, minor irrigation, animal husbandry, fisheries, rural housing, drinking water, rural electrification, poverty alleviation programmes, education including primary schools, and public distribution system.
• Finances (Article 243H): The panchayats are empowered to levy and collect taxes and duties, and grants are given to them from the state Consolidated Fund. A State Finance Commission (Article 243I) is constituted every five years by the Governor to review the financial position of the panchayats.
• State Election Commission (Article 243K): The superintendence, direction and control of elections to the panchayats is vested in a State Election Commission appointed by the Governor.

The 73rd Amendment does not apply to the states of Nagaland, Meghalaya and Mizoram, and to certain other areas, and it can be extended to the Scheduled Areas and tribal areas. The Panchayats (Extension to Scheduled Areas) Act of 1996, known as PESA, extends the provisions of Part IX to the Fifth Schedule areas.

Key points to remember:

• 73rd Amendment (1992): added Part IX and the Eleventh Schedule (29 subjects).
• Came into force on 24 April 1993; National Panchayati Raj Day.
• Three tiers: Gram Panchayat, Panchayat Samiti (intermediate), Zila Parishad.
• Balwant Rai Mehta Committee (1957): three-tier system; Ashok Mehta Committee (1977): two-tier system.
• Reservation for SC/ST in proportion to population; not less than one-third seats for women.
• Duration of panchayat: 5 years; election within 6 months if dissolved earlier.
• State Finance Commission and State Election Commission under Articles 243I and 243K.
• PESA Act 1996 extends Part IX to the Fifth Schedule areas.

Urban local government received constitutional status by the 74th Constitutional Amendment Act of 1992, which added Part IXA (Articles 243P to 243ZG) and the Twelfth Schedule containing 18 subjects. Before this, urban local bodies were governed only by state laws.

Article 243Q provides for three types of municipalities according to the size of the urban area:

1. Nagar Panchayat — for a transitional area, that is, an area in transition from a rural area to an urban area.

2. Municipal Council or Nagar Palika — for a smaller urban area.

3. Municipal Corporation or Nagar Nigam — for a larger urban area.

The members of the municipalities are directly elected by the people. For a municipality with a population of three lakhs or more, wards committees are constituted (Article 243S). The reservation of seats for the Scheduled Castes, the Scheduled Tribes and women is provided on the same lines as for the panchayats — not less than one-third of the seats are reserved for women. The chairperson of a municipality is elected in the manner provided by the state legislature.

The duration of every municipality is five years from the date of its first meeting (Article 243U). If it is dissolved before the expiry of its term, fresh elections must be held within six months, and the new municipality continues only for the remaining period. The State Election Commission conducts the elections to the municipalities (Article 243ZA).

Article 243W empowers the municipalities to prepare plans for economic development and social justice and to perform the functions listed in the Twelfth Schedule. The eighteen subjects of the Twelfth Schedule include urban planning including town planning, regulation of land use and construction of buildings, planning for economic and social development, roads and bridges, water supply for domestic, industrial and commercial purposes, public health and sanitation, fire services, urban forestry and protection of the environment, slum improvement and up-gradation, urban poverty alleviation, and promotion of cultural, educational and aesthetic aspects.

Article 243X gives the municipalities the power to levy and collect taxes, and Article 243Y requires the State Finance Commission to review the financial position of the municipalities every five years. Article 243ZD provides for the constitution of a District Planning Committee in every state to consolidate the plans prepared by the panchayats and the municipalities in the district, and Article 243ZE provides for a Metropolitan Planning Committee in every metropolitan area.

Key points to remember:

• 74th Amendment (1992): added Part IXA and the Twelfth Schedule (18 subjects).
• Three types: Nagar Panchayat, Municipal Council, Municipal Corporation.
• Duration of municipality: 5 years.
• Reservation: not less than one-third seats for women; SC/ST reservation.
• Wards committees in municipalities with population of three lakhs or more.
• State Election Commission conducts municipal elections.
• District Planning Committee (Article 243ZD) and Metropolitan Planning Committee (Article 243ZE).

Article 244 of the Constitution deals with the administration of Scheduled Areas and Tribal Areas. There are two kinds of special provisions: the Fifth Schedule applies to the Scheduled Areas in states other than Assam, Meghalaya, Tripura and Mizoram, while the Sixth Schedule applies to the Tribal Areas in the four states of Assam, Meghalaya, Tripura and Mizoram.

The Fifth Schedule deals with the administration and control of Scheduled Areas and Scheduled Tribes in those states. The President of India declares any area as a Scheduled Area after consulting the Governor of the state. In every state having Scheduled Areas, there is a Tribes Advisory Council consisting of not more than twenty members, of whom about three-fourths are representatives of the Scheduled Tribes in the state legislative assembly, to advise the Governor on the welfare and advancement of the Scheduled Tribes. The Governor has special powers — he can make regulations for the peace and good government of a Scheduled Area, and can modify or repeal any law of the Parliament or the state legislature in its application to that area, after obtaining the assent of the President. The Governor also submits a report to the President every year on the administration of the Scheduled Areas.

The Sixth Schedule contains special provisions for the administration of the tribal areas in Assam, Meghalaya, Tripura and Mizoram. In Assam, the autonomous districts of Karbi Anglong and Dima Hasao and the Bodoland Territorial Region, and in Meghalaya, Tripura and Mizoram certain autonomous districts, are administered under this Schedule. In these areas, Autonomous District Councils and Autonomous Regional Councils are established. Each Autonomous District Council consists of thirty members, of whom not more than four are nominated by the Governor and the rest are elected on the basis of adult franchise. The District Council is a legislative body which can make laws on subjects such as the allotment, occupation and use of land, management of forests other than reserved forests, regulation of shifting cultivation, establishment of village or town committees, appointment of village or town police, public health and sanitation, primary schools, and inheritance, marriage and social customs. The District Council can assess and collect land revenue, impose taxes on professions, trade and animals, regulate money-lending and trading by non-tribals, and establish courts for the trial of certain cases. It can also make regulations for the protection of the land and rights of the Scheduled Tribes.

The key difference between the two Schedules is that the Fifth Schedule gives the Governor wide powers of administration and regulation over the Scheduled Areas, while the Sixth Schedule provides for a larger measure of self-government through the Autonomous District and Regional Councils in the tribal areas of the north-east. The Sixth Schedule is thus considered a more advanced form of autonomy.

Key points to remember:

• Fifth Schedule: Scheduled Areas in states other than Assam, Meghalaya, Tripura and Mizoram.
• Sixth Schedule: tribal areas in Assam, Meghalaya, Tripura and Mizoram.
• Scheduled Areas are declared by the President.
• Tribes Advisory Council: not more than 20 members, three-fourths of them representatives of the Scheduled Tribes.
• Sixth Schedule provides Autonomous District and Regional Councils.
• District Council has 30 members; not more than 4 nominated by the Governor.
• In Assam: Karbi Anglong, Dima Hasao and Bodoland Territorial Region.

The Emergency Provisions are given in Part XVIII of the Constitution (Articles 352 to 360). During an emergency the Constitution can be worked in a way that turns the federal system into a unitary one, with the centre gaining full control. The Constitution provides for three types of emergencies:

1. National Emergency (Article 352): The President can proclaim a national emergency if the security of India or any part of its territory is threatened by war, external aggression or armed rebellion. Originally the ground was 'internal disturbance', but the 44th Amendment (1978) changed it to 'armed rebellion'. The proclamation must be made on the written advice of the Council of Ministers. It must be approved by both Houses of Parliament within one month by a special majority. Once approved, it continues for six months and can be extended indefinitely by six months at a time with the approval of the Parliament. The 44th Amendment made the provision that if the Lok Sabha is dissolved during the emergency, the Rajya Sabha can approve it, but it must then be approved by the Lok Sabha within one month of its reconstitution.

Effects of a national emergency:

• The executive power of the centre extends to directing the states on any matter, and the Parliament can make laws on subjects in the State List.
• The life of the Lok Sabha and the state legislative assemblies can be extended by one year at a time.
• Under Article 358, the six Fundamental Rights under Article 19 are automatically suspended during a national emergency declared on the ground of war or external aggression (not armed rebellion).
• Under Article 359, the President can suspend the right to move any court for the enforcement of Fundamental Rights, except Articles 20 and 21.

National emergencies were proclaimed in India in 1962 (Indo-China war), 1971 (Indo-Pakistan war) and 1975 (on the ground of internal disturbance).

2. President's Rule (Article 356): If the President is satisfied, on the report of the Governor or otherwise, that the government of a state cannot be carried on in accordance with the Constitution, he can proclaim President's rule in that state. This is called 'failure of constitutional machinery in a state'. The proclamation must be approved by both Houses of Parliament within two months. President's rule lasts for six months and can be extended up to a maximum of three years, with the approval of the Parliament every six months. After one year it can be extended only if a national emergency is in operation or the Election Commission certifies that elections cannot be held in the state. During President's rule, the President assumes the functions of the state government, and the powers of the state legislature are exercised by the Parliament. The state legislative assembly is either dissolved or kept in suspended animation.

3. Financial Emergency (Article 360): If the President is satisfied that the financial stability or credit of India or any part of its territory is threatened, he can proclaim a financial emergency. It requires the approval of both Houses of Parliament within two months. During a financial emergency, the centre can give directions to the states on financial matters and can reduce the salaries of government servants, including the judges of the Supreme Court and High Courts. A financial emergency has never been proclaimed in India so far.

Key points to remember:

• National emergency: Article 352; grounds: war, external aggression, armed rebellion.
• The 44th Amendment changed 'internal disturbance' to 'armed rebellion'.
• Article 358: the six freedoms of Article 19 are automatically suspended.
• Article 359: President can suspend the enforcement of other Fundamental Rights, but not Articles 20 and 21.
• President's rule: Article 356; maximum period three years.
• Financial emergency: Article 360; never proclaimed so far.

Article 368 in Part XX of the Constitution deals with the amendment of the Constitution. The framers wanted the Constitution to be neither too rigid nor too flexible, so they provided for three ways of amendment:

1. Amendment by a simple majority: Some provisions of the Constitution can be amended by a simple majority of the members present and voting in the Parliament, and such amendments are not deemed to be amendments under Article 368. Examples include the creation of new states (Articles 2, 3 and 4), the salaries and allowances of the President, judges and members of Parliament, rules of procedure, and provisions relating to citizenship, elections and the Fifth and Sixth Schedules.

2. Amendment by a special majority: Most provisions of the Constitution are amended by a special majority, that is, a majority of the total membership of each House and a majority of not less than two-thirds of the members present and voting. The bill can be introduced in either House of Parliament, and there is no provision for a joint sitting in case of disagreement between the Houses.

3. Amendment by a special majority plus ratification by the states: Certain federal provisions require, in addition to the special majority, the ratification by the legislatures of not less than half of the states by a simple majority. These provisions relate to the election of the President (Articles 54 and 55), the extent of the executive power of the Union and the states (Articles 73 and 162), the Supreme Court and the High Courts, the distribution of legislative powers between the Union and the states (including the Seventh Schedule), the representation of states in Parliament, and Article 368 itself.

A constitutional amendment bill can be introduced only in the Parliament and not in the state legislatures. When the bill is passed by both Houses with the required majority, it is presented to the President, who must give his assent — the President cannot withhold assent to a constitutional amendment bill.

The Basic Structure Doctrine: The question of whether the Parliament can amend the Fundamental Rights was raised very early. In the Shankari Prasad case (1951) the Supreme Court held that the word 'law' in Article 13 does not include a constitutional amendment. This view was confirmed in the Sajjan Singh case (1965). But in the famous Golak Nath case (1967) the Court reversed its earlier view and held that the Fundamental Rights cannot be amended. To overcome this, the 24th Amendment (1971) was passed, which made it clear that the Parliament has the power to amend any part of the Constitution including the Fundamental Rights.

In the historic Kesavananda Bharati case (1973), a thirteen-judge bench of the Supreme Court held that the Parliament can amend any part of the Constitution, but it cannot destroy or alter the 'basic structure' or the basic features of the Constitution. The famous 'basic structure doctrine' was born. The basic features include the supremacy of the Constitution, the rule of law, the sovereignty of India, the democratic and republican form of government, the secular character of the Constitution, the federal character, the separation of powers, judicial review, and the dignity of the individual. This doctrine was further upheld in the Indira Nehru Gandhi case (1975) and the Minerva Mills case (1980), in which the Court also struck down some clauses of the 42nd Amendment which tried to make constitutional amendments beyond judicial review.

The 42nd Amendment (1976) is often called the 'Mini-Constitution' because it made the largest number of changes. Some other important amendments are the 44th Amendment (1978), which removed the right to property from Fundamental Rights and added safeguards during emergencies; the 52nd Amendment (1985) on anti-defection; the 61st Amendment (1988), which reduced the voting age from 21 to 18 years; the 73rd and 74th Amendments (1992) on local government; the 86th Amendment (2002) making education a Fundamental Right; the 101st Amendment (2016) introducing GST; the 103rd Amendment (2019) providing 10% reservation for the economically weaker sections; the 104th Amendment (2020) extending SC/ST reservation and removing the nominated Anglo-Indian seats; and the 105th Amendment (2021) which restored the power of the states to identify socially and educationally backward classes.

Key points to remember:

• Article 368 deals with the amendment of the Constitution.
• Three methods: simple majority, special majority, and special majority plus ratification by half of the states.
• Constitutional amendment bills can be introduced only in the Parliament.
• Golak Nath case (1967): Fundamental Rights cannot be amended.
• Kesavananda Bharati case (1973): basic structure cannot be destroyed.
• Minerva Mills case (1980): struck down parts of the 42nd Amendment.
• 61st Amendment (1988): voting age reduced from 21 to 18 years.

Elections are the foundation of democracy. The superintendence, direction and control of elections is vested in the Election Commission of India by Article 324 of the Constitution. The Election Commission was established on 25 January 1950, and 25 January is celebrated every year as the National Voters' Day.

Composition of the Election Commission: Originally the Election Commission had only a Chief Election Commissioner. Later, by an Act of 1989 and through the practice that began in 1993, it became a multi-member body consisting of the Chief Election Commissioner and two Election Commissioners. The Chief Election Commissioner and the Election Commissioners are appointed by the President. They hold office for a term of six years or until they attain the age of sixty-five years, whichever is earlier. The independence of the Election Commission is guaranteed by the Constitution — the Chief Election Commissioner cannot be removed from office except in the same manner and on the same grounds as a judge of the Supreme Court, while the other Election Commissioners can be removed only on the recommendation of the Chief Election Commissioner. Their salaries are charged on the Consolidated Fund of India.

Constitutional provisions related to elections:

• Article 324: superintendence, direction and control of elections.
• Article 325: no person shall be ineligible for inclusion in the electoral roll on grounds of religion, race, caste or sex.
• Article 326: elections to the Lok Sabha and the state legislative assemblies shall be on the basis of adult suffrage, and every citizen who is not less than eighteen years of age is entitled to vote.
• Article 327 and 328: the Parliament and the state legislatures can make laws with respect to elections.
• Article 329: no election can be called in question except by an election petition presented to the appropriate authority.

The Representation of the People Act of 1950 deals with the preparation of electoral rolls and the allocation of seats, while the Representation of the People Act of 1951 deals with the conduct of elections, election disputes, the registration of political parties and the qualifications and disqualifications of members. The Election Commission also recognises national and state parties, allots election symbols, and enforces the Model Code of Conduct which comes into force as soon as elections are announced.

The Anti-Defection Law: The Tenth Schedule was added to the Constitution by the 52nd Constitutional Amendment Act of 1985 to deal with the problem of defection. Under this law, a member of Parliament or a state legislature is disqualified if he voluntarily gives up the membership of his party, or votes or abstains from voting in the House contrary to any direction of his party without prior permission. An independent member is disqualified if he joins a political party after the election, and a nominated member who is not a member of a party is disqualified if he joins a party after six months. A member is not disqualified if his party merges with another party and not less than two-thirds of the members of his party agree to the merger. The question of disqualification is decided by the Chairman or the Speaker of the House, and in the Kihoto Hollohan case (1992) the Supreme Court held that the decision of the presiding officer is subject to judicial review. The 91st Amendment (2003) provided that a person disqualified on the ground of defection cannot be appointed as a minister.

Key points to remember:

• Election Commission established on 25 January 1950; National Voters' Day on 25 January.
• Article 324 vests the superintendence of elections in the Election Commission.
• Composition: Chief Election Commissioner and two Election Commissioners.
• Voting age: 18 years (61st Amendment, 1988).
• Tenth Schedule (anti-defection) added by the 52nd Amendment (1985).
• The presiding officer decides the question of disqualification.
• 91st Amendment (2003): a defector cannot be appointed as a minister.

Several independent bodies have been created by the Constitution itself, and they are called constitutional bodies. Some others have been created by laws of the Parliament and are called statutory bodies.

Important constitutional bodies:

1. Election Commission of India (Article 324): It conducts the elections to the Parliament, the state legislatures and the offices of the President and the Vice-President. Its independence has been discussed in the chapter on elections.

2. Union Public Service Commission (Articles 315 to 323): The UPSC is the central recruiting agency. Its chairman and members are appointed by the President and hold office for six years or until the age of sixty-five years, whichever is earlier. The UPSC conducts examinations for the All India Services, the central services and the central public services, and it advises the government on matters of recruitment. For the states there are State Public Service Commissions, whose chairman holds office for six years or until the age of sixty-two years.

3. Finance Commission (Article 280): The President appoints the Finance Commission every five years, consisting of a chairman and four members, to recommend the distribution of the net proceeds of taxes between the Union and the states and the principles governing grants-in-aid.

4. Comptroller and Auditor-General of India (Article 148): The CAG is the guardian of the public purse and audits the accounts of the Union, the states and public undertakings. He is appointed by the President and holds office for six years or until the age of sixty-five years, whichever is earlier. He is not eligible for further office under the government after retirement. He is often called the 'friend, philosopher and guide' of the Public Accounts Committee.

5. Attorney-General of India (Article 76): He is the highest law officer of the Government of India and is appointed by the President. He must be qualified to be appointed a judge of the Supreme Court. He has the right to speak in both Houses of Parliament but has no right to vote, and he is not a member of the Parliament nor a government servant.

6. National Commissions for the Scheduled Castes, Scheduled Tribes and Backward Classes: The National Commission for Scheduled Castes was created under Article 338 by the 65th Amendment (1990), the National Commission for Scheduled Tribes under Article 338A by the 89th Amendment (2003), and the National Commission for Backward Classes under Article 338B by the 102nd Amendment (2018).

7. Special Officer for Linguistic Minorities (Article 350B): He investigates matters relating to the safeguards for linguistic minorities and reports to the President.

Important statutory and other bodies:

• The Planning Commission was set up in 1950 by an executive resolution of the government, and it was not a constitutional body. In 2015 it was replaced by the NITI Aayog, which is also not a constitutional body but is created by an executive resolution of the Union Cabinet.
• The National Human Rights Commission was established in 1993 under the Protection of Human Rights Act, 1993.
• The Central Vigilance Commission was set up in 1964 by an executive resolution, and it became a statutory body by the CVC Act of 2003.
• The Central Information Commission and the State Information Commissions were created under the Right to Information Act, 2005.
• The Lokpal was established under the Lokpal and Lokayuktas Act of 2013 to inquire into allegations of corruption against public functionaries.
• The Reserve Bank of India (1935), the Securities and Exchange Board of India, the Telecom Regulatory Authority of India and the Central Bureau of Investigation are examples of statutory bodies, while the Comptroller and Auditor-General and the Election Commission are constitutional bodies.

Key points to remember:

• Constitutional bodies: Election Commission, UPSC, Finance Commission, CAG, Attorney-General, National Commissions for SC, ST and OBC.
• UPSC chairman: 6 years or 65 years of age.
• CAG is the guardian of the public purse.
• Attorney-General has the right to speak in Parliament but no right to vote.
• Planning Commission (1950) and NITI Aayog (2015) are not constitutional bodies.
• NHRC (1993), CIC, Lokpal are statutory bodies.

This chapter gives a quick revision of the structure of the Constitution and the important landmark cases. The Constitution has grown from the original 22 Parts and 8 Schedules to 25 Parts and 12 Schedules.

Important Parts of the Constitution at a glance:

• Part I (Articles 1 to 4): Union and its Territory.
• Part II (Articles 5 to 11): Citizenship.
• Part III (Articles 12 to 35): Fundamental Rights.
• Part IV (Articles 36 to 51): Directive Principles of State Policy.
• Part IVA (Article 51A): Fundamental Duties.
• Part V (Articles 52 to 151): The Union — the President, Vice-President, Prime Minister, Parliament, Supreme Court and the Comptroller and Auditor-General.
• Part VI (Articles 152 to 237): The States — the Governor, Chief Minister, state legislature and High Courts.
• Part VIII (Articles 239 to 242): Union Territories and the Administrator.
• Part IX (Articles 243 to 243O): Panchayats.
• Part IXA (Articles 243P to 243ZG): Municipalities.
• Part X (Articles 244 and 244A): Scheduled and Tribal Areas.
• Part XI: Relations between the Union and the States.
• Part XIV: Services under the Union and the States and Public Service Commissions.
• Part XV: Elections.
• Part XVII: Official Language.
• Part XVIII (Articles 352 to 360): Emergency Provisions.
• Part XX (Article 368): Amendment of the Constitution.
• Part XXI: Temporary, Transitional and Special Provisions (including Articles 370 and 371).
• Part XXII: Short Title, Commencement and Repeals.

The twelve Schedules of the Constitution:

1. First Schedule: names of the states and union territories.

2. Second Schedule: salaries and allowances of the President, Governors, judges and other high officials.

3. Third Schedule: forms of oath and affirmation.

4. Fourth Schedule: allocation of seats in the Rajya Sabha to the states and union territories.

5. Fifth Schedule: administration of Scheduled Areas and Scheduled Tribes.

6. Sixth Schedule: administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram.

7. Seventh Schedule: the Union List, the State List and the Concurrent List.

8. Eighth Schedule: the languages recognised by the Constitution (22 languages).

9. Ninth Schedule: acts protected from judicial review.

10. Tenth Schedule: anti-defection provisions.

11. Eleventh Schedule: subjects of the panchayats (29 subjects).

12. Twelfth Schedule: subjects of the municipalities (18 subjects).

Landmark cases for exams:

• A. K. Gopalan case (1950): The Supreme Court held that 'procedure established by law' under Article 21 only means a law made by the legislature, giving a narrow meaning to Article 21.
• Shankari Prasad case (1951): A constitutional amendment is not a 'law' under Article 13.
• Golak Nath case (1967): Fundamental Rights cannot be amended by the Parliament.
• Kesavananda Bharati case (1973): The Parliament cannot destroy the basic structure of the Constitution; the Preamble is a part of the Constitution.
• Indira Nehru Gandhi case (1975): The basic structure doctrine was applied to an election dispute.
• Maneka Gandhi case (1978): Article 21 was given a wide meaning, and the procedure under it must be fair, just and reasonable.
• Minerva Mills case (1980): Clauses of the 42nd Amendment which placed constitutional amendments beyond judicial review were struck down.
• Kihoto Hollohan case (1992): Decisions of the presiding officer under the anti-defection law are subject to judicial review.
• S. R. Bommai case (1994): Secularism is a part of the basic structure, and the imposition of President's rule under Article 356 is subject to judicial review.
• Vishakha case (1997): Guidelines were laid down for the protection of women against sexual harassment at the workplace.
• K. S. Puttaswamy case (2017): The right to privacy is a Fundamental Right under Article 21.

Key points to remember:

• The Constitution now has 25 Parts and 12 Schedules.
• Part IX and Part IXA deal with panchayats and municipalities.
• Eighth Schedule recognises 22 languages.
• Ninth Schedule protects laws from judicial review.
• Tenth Schedule deals with anti-defection.
• Maneka Gandhi case (1978) widened the meaning of Article 21.
• Kesavananda Bharati case (1973) established the basic structure doctrine.