IMP NOTES IC GTU

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CHPATER_1
Meaning of Constitution law and Constitutionalism Introduction
The Constitution of India is the supreme law of India. It frames fundamental political
principles, procedures, practices, rights, powers, and duties of the government. It imparts
constitutional supremacy and not parliamentary supremacy, as it is not created by the Parliament
but, by a constituent assembly, and adopted by its people, with a declaration in its preamble.
Parliament cannot override it.
The world’s longest constitution is the Indian’s constitution. At its commencement, it had 395
articles in 22 parts and 8 schedules. It consists of approximately 145,000 words, making it the
second largest active constitution in the world. Currently, it has a preamble, 25 parts with 12
schedules, 5 appendices, 448 articles, and 101amendments.
What is Constitution?

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“set of rules how state(country) will be ruled.”
A constitution is primarily a set of rules and principles specifying how a country should be
governed, how power is distributed and controlled, and what rights citizens possess.
It is usually written down and contained within a single document; the UK is unusual in
having an uncodified constitution with many sources.
Time Line of Formation of "The Constitution of India
The time period taken to prepare Indian Constitution is 2 year, 11 months, 18 days. Indian
Constitution was signed by members of Constitution assembly on January 24, 1950.
6 December 1946: Formation of the Constitution Assembly. (in accordance with French
practice.)
9 December 1946: The first meeting was held in the constitution hall (now the Central Hall
of Parliament House). 1st person to address -
J.B. kripalani. Temporary president Appointed - Sachchidanandsinha. (Demanding a
separate state, the Muslim League boycotted the meeting.)
11 December 1946: President Appointed - Rajendra Prasad, vice- Chairman H. C.
Mukherjee and constitutional legal adviser B. N. Rau (initially 389 members in total,
which declined to 299 after partition. out of 389 - 292 were from govt. province, 4 from
chief commissioner province and 93 from princely states)
13 December 1946: An 'Objective Resolution' was presented by Jawaharlal Nehru,
laying down the underlying principles of the constitution. which later became the Preamble
of the constitution.
22 January 1947: Objective resolution unanimously adopted.

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22 July 1947: National flag adopted.
15 August 1947: Achieved independence. India Split into Dominion of India and Dominion
of Pakistan.
29 August 1947: Drafting Committee appointed with Dr. B. R. Ambedkar as the Chairman
other 6 members of committee was : Munshi, MuhammedSadulla, Allad Krishna swami
ayyar, Gopala swami Ayyankar, Khaitan, Mitter
16 July 1948: Along with HarendraCoomarMookerjee V. T. Krishnamachari was also
elected as second vice-president of Constituent Assembly.
26 November 1949: 'Constitution of India' passed and adopted by the assembly.
24 January 1950: Last meeting of Constituent Assembly. 'constitution of india' all signed
and accepted. (with 395 Articles, 8 Schedules, 22 Parts)
26 January 1950: 'Constitution of India' came in to force.
Need of Constitution :
A constitution is a set of rules and principles that all the citizens in a country can agree as the
basic way and proportion in which they want the country to be ruled.
Sometimes we feel strongly about an issue that might go against are larger interests and the
constitution help us guard against this.
For a better future of the country we must need Constitution.
The Constitution of the country gives a way to the citizens to live freely as they are being
provided their fundamentalrights.
The Constitution also restricts the unlimited power of the ruling government so that the government
may not misuse its power.
Constitutional law
“Set of rules and Regulations described under Constitution”

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n
Constitutional law is a body of law which defines the role, powers,
and structure of different entities within a state, namely,
the executive, the parliament or legislature, and the judiciary; as well as the basic rights of
citizens and, in federal countries such as the
UnitedStates and Canada,the relationship between
government and state, provincial, or territorial governments
the centra

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Constitutionalism:
constitutionalism is being ruled by basic standards and ideals which are
consistent with an overriding rule of law or ethics.
1. government according to a constitution
2. adherence to constitutional principles or government
Constitutionalism is "a complex of ideas, attitudes, and patterns of behavior elaborating the
principle that the authority of government derives from and is limited by a body of
fundamental law".
Example:
Japan
The recent move of the Japanese government for revisions of its 1947 constitution under
Shinzō Abe's administration is criticized as anticonstitutionalist in the sense that the new
constitution would impose obligations on citizens rather than protect their human rights.
The Making of Written Constitutions
It was in the late 18th century that the word constitution came to be identified with a
single document, mainly as a result of the American and French Revolutions. The political
significance of the new concept of constitutions was stressed by the radical, Tom Paine.
A constitution is a thing antecedent to a government, and a government is only the
creature of a constitution. A constitution is not the act of a government, but of a people
constituting a government and a government without a constitution is power without a
right.

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In the world today, the making of a constitution normally follows a fundamental political
event, the conferment of independence on a subordinate territory; a successful revolution; the
creation of a new state by the uniting of states which were formally separate; or reconstruction
of a country’s institutions following a war. A documentary constitution normally reflects the
beliefs and political aspirations of those who have framed it. During the 1990s, after the
collapse of Commission, eastern and central Europe saw an end of constitution making, as
revolution against socialist regimes led to the creation of new structures that embraced liberal
and democratic values.
After 1945, as British colonies acquired their independence, numerous variants of what was
referred to as the “Westminster Model” constitution were created. It became common practice
for guarantees of rights and broad political declarations to be included in the constitution of the
newly independent countries.

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Chapter-2
Historical perspective of constitution of INDIA

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CHAPTER_3
Salient Features/Characteristics of the Indian Constitution

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Framing of the Constitution.
1 The Constitution of India was framed by a constituent Assembly set up under the Cabinet
Mission Plan of 1946.
2 The Assembly consisted of 389 members representing provinces (292), states
(93) the Chief Commissioner Provinces (3) and Baluchistan (1)
3 The Assembly held its first meeting on December 9, 1946, and elected Dr. Sachhidannand
Sinha, the oldest member of the Assembly as the Provisional President.
4 On December 11, 1946 the Assembly elected Dr. Rajendra Prasad asits permanent Chairman.
5 The strength of the Assembly was reduced to 299 (229 representing the provinces and 70
representing the States) following withdrawal of the Muslim league members after the partition
of the country.
6.The Constituent Assembly set up 13 Committees for framing the constitution. On the basis of
the reports of these committees, a draft of the constitution was prepared by a seven-member.
Drafting Committee under the Chairmanship of Dr.
B.R. Ambetkar.
7.The draft constitution was published in January, 1948 and people were given eight months to
discuss the draft and purpose amendments. After the draft was discussed by the people, the press,
the provincial assemblies and the constituent Assembly in the light of the suggestions received,
the same was finally adopted on November 26, 1949 and was signed by the President of the
Assembly.
8.Though the major part of the constitution came into force on January 26, 1950 the provisions
relating to: Citizenship ,Elections ,Provisional parliament and temporary and transitional
provision came into force with immediate effect viz. from November 26, 1949.
9 The constitution of India was not are original document. The framers of the constitution freely
borrowed the good features of the Constitutions.
10. However while adopting these features they made necessary modifications for its
suitability to the Indian conditions and avoided theirdefects.
11.The constitutions which exercised profound influence on the Indian Constitution were that of
UK, USA, Ireland, Canada etc.
a). The Parliamentary system of the government, rule of law, law- making procedure and single
citizenship were borrowed from the British Constitution.
b)Independence of Judiciary, Judicial Review, Fundamental Rights, and guidelines for the
removal of judges of the Supreme Court and High Courts were adopted from the U.S
constitution.

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c)The federal system, with a strong central authority, was adopted from Canada.
d)Directive Principles of State Policy were borrowed from the constitution of the Republic of
Ireland
e)The idea of concurrent list was borrowed from the Austrian Constitution.
f)The provisions relating to emergency were influenced by the Weimar constitution.
g)Above all the Government of India Act 1935, exercised great influence on the Indian
Constitution. The federal scheme, office of governors, powers of federal judiciary etc. were
drawnfrom this act.
In short, the Indian constitution incorporated the best features of several existing constituti

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CHAPTER-4
FUNDAMENTAL RIGHTS

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CHAPTER-5
FUNDAMENTALDUTIES

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CHAPTER-6
Directive Principles of State Policy

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IMPORTANCE
The Directive Principles of State Policy of India (DPSP) are the guidelines or
principles given to the federal institutes governing the state of India, to be kept in citation
while framing laws and policies.
These provisions, contained in Part IV (Article 36–51) of the Constitution of India, are
not enforceable by any court, but the principles laid down there in are not considered in
the governance of the country, making it the duty of the State to apply these principles in
making laws to establish a just society in the country.
The principles have been inspired by the Directive Principles given in the Constitution of
Ireland which are related to social justice, economic welfare, foreign policy, and legal
and administrative matters.
Directive Principles are classified under the following categories economic and
socialistic, political and administrative, justice and legal, environmental, protection of
monuments, peace and security.
IMPLEMENTATION
There is no need of any constitutional amendment and simple legislation by the
Parliament is adequate to implement the Directive Principles as applicable laws per
Article 245 as they are already enshrined in the constitution. The State has made few
efforts till now to implement the Directive Principles.
The Programme of Universalisation of Elementary Education and the five- year plans has
been accorded the highest priority in order to provide free education to all children
up to the age of 14 years.
The 86th constitutional amendment of 2002 inserted a new article, Article 21-A, into the
Constitution, that seeks to provide free and compulsory education to all children aged 6 to
14 years. Welfare schemes for the weaker sections are being implemented both by the
Central and State governments.
These include programmes such as boys' and girls' hostels for scheduled castes' or
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The year 1990–1991 was declared as the "Year of Social Justice" in the memory of B.R.
Ambedkar. The government provides free textbooks to students belonging to scheduled
castes or scheduled tribes pursuing medicine and engineering courses.
During 2002–2003, a sum of Rs. 47.7 million was released for this purpose. In order
that scheduled castes and scheduled tribes are protected from atrocities, the Government
enacted the Prevention of Atrocities Act, which provided severe punishments for such
atrocities.
Several Land Reform Acts were enacted to provide ownership rights to poor farmers. Up
to September 2001, more than 20,000,000 acres (80,000 km²) of land had been
distributed to scheduled castes, scheduled tribes and the landless poor. The thrust of
banking policy in India has been to improve banking facilities in the rural areas.
The Minimum Wages Act of 1948 empowers government to fix minimum wages for
employees engaged in various employments.
The Consumer Protection Act of 1986 provides for the better protection of consumers.
The act is intended to provide simple, speedy and inexpensive redressal to the consumers'
grievances, award relief and compensation wherever appropriate to the consumer.
The Equal Remuneration Act of 1976, provides for equal pay for equal work for both
men and women. The Sampoorna Grameen Rozgar Yojana was launched in 2001 to
attain the objective of gainful employment for the rural poor.
The programme was implemented through the Panchayati Raj institutions.
Panchayati Raj now covers almost all states and Union territories. One-third of the total
number of seats have been reserved for women in Panchayats at every level; in the case
of Bihar, half the seats have been reserved for women.

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Legal aid at the expense of the State has been made compulsory in all cases pertaining to
criminal law, if the accused is too poor to engage a lawyer. Judiciary has been
separated from the executive in all the states and Union territories except Jammu and
Kashmir and Nagaland.
India's Foreign Policy has also to some degree been influenced by the DPSPs. India, in
the past has condemned all acts of aggression and has also supported the United Nations'
peace-keeping activities. By 2004, the Indian Army had participated in 37 UN peace-
keeping operations. India played a key role in the passing of a UN resolution in 2003,
which envisaged better co-operation between the Security Council and the troop-
contributing countries.
India has also been in favour of nuclear disarmament. Per Article 38 (1), prompt
rendering of the justice by courts is part of animating judiciary. Rendering prompt justice
is the foremost purpose of the constitution as enshrined in the Preamble to the
constitution also.
However the judiciary is failing dismally in this respect by causing inordinate delay
considering time of rendering justice in a case arbitrarily is its constitutional liberty.

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Introduction
8. Parliament
 Meaning of the word ‘Parliament’ -- is a word derived from the French expression
parlementwhich means ‘speaking’, and Latin word ‘parliamentum’ which means
‘talking. It has come to mean ‘meeting for discussion’.
 Different Names of Legislature: In India Parliament is known as Sansad. Othernations
have their own names viz. Diet in Japan, Congress in US, Knesset in Israel.
Components:
 LokSabha (The House of People/ Lower House)
 RajyaSabha (Council of States/ Upper House)
 President is an integral part of Parliament
LokSabha
 Total members – 545 (530 from different states + 13 from UTs + 2 Anglo-Indians)
 Method of Election: Directly by the people on the basis of universal adult franchise and
territorial constituencies
 Basic qualifications of the members:

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1. Must be a citizen of India;
2. Must be not less than 25 years of age;
3. Should not hold any Office of Profit;
4. Should neither be insane, nor bankrupt, and
5. Should possess all those qualification prescribed by the Parliament from time to time.
 Tenure: 5 years
 Number of Sessions: Two Mandatory Sessions
 Quorum: 1/10 th
 Presiding Officer: Speaker, elected by the members
RajyaSabha
 Total members – 250 (238 elected + 12 nominated by the President from amongst
scientists, artists, scholars, social workers etc.)
 Method of Election: Members are elected by the members of State Legislative
Assemblies through open ballot by single transferable vote of proportionalrepresentation
system
 Tenure: Permanent House but members of RajyaSabha have 6 years terms and 1/3rdof
its member retire every second year
 Qualifications: Not less than 30 years of Age, other qualifications remain asthose
required for LokSabha.
 Presiding Officer: Vice President is ex-officio Chairman of RajyaSabha
 Quorum: 1/10th

37. President of India
Qualifications President
Who can become the President?
 A citizen of India who is of 35 years of age or above may be a Presidential candidate.
The Presidential candidate should be qualified to become a member of the LokSabhaand
should not hold any office of profit under the government.
 Certain office-holders, however, are permitted to stand as Presidential candidates.These
are:
 The current Vice President. The Governor of any State.
A Minister of the Union or of any State.In the event that the Vice President, a
State Governor or a Minister is elected President, they are considered to have vacated their
previous office on the date they begin serving as President.
Who elects the President?
Not every citizen participates in the election. Only the following vote for Presidential candidates:
 Elected Members of Parliament
 Elected Members of Legislative Assemblies of Various States
The members nominated by the President have no right to vote in this election.
Similarly, the members of the Legislative Councils of the State Legislatures, wherever they exist,
have also been excluded from the electoral college.
Principle of Election
The manner of election of President is provided by Article 55. The following principles are
involved in the election of the President of India:
 Indirect Election
 The system of Proportional Representation by Single Transferable Vote method.
 Secret Ballot system.
 Uniformity of Representation of Different States and the Union
Power of President
1. Executive powers
All executive actions of GOI are taken in his name
He appoints PM and other ministers and they hold office during his pleasure

38. He appoints attorney general(AG), CAG,CEC and other election commissioners, chairman and members of
UPSC, Governors and so on
He directly administers UTs through administrators appointed by him
He appoints inter- state council to promote cooperation
He can declare any area as scheduled area and has powers with respect tothe
administration of scheduled areas and tribal areas.
2. Legislative powers
He can summon or prorogue the Parliament and can dissolve the LokSabha.
He can summon the joint sitting of both the houses of Parliament which is presided bythe
speaker of the LokSabha
He nominates 12 members to the RajyaSabha from amongst persons havingspecial
knowledge or practical experience in Literature ,science, art and social service
He can nominate 2 members to LokSabha from Anglo Indian community
he can promulgate Ordinance when the parliament is not in session
He lays reports of CAG, UPSC, finance commission and others before the parliament
He decides on questions as to disqualification of MPs in consultation with the EC
He has veto powers under article 111(like absolute veto, suspensive veto and pocket veto)
o He may give his assent to bill
o Withold his assent to the bill
o Return the bill
3. Financial powers
Money bill can be introduced in the Parliament only with his prior recommendations
He causes to be laid before the parliament the union budget
He constitutes a finance commission after every 5yrs
4. Judicial powers
Appoints the chief justice and the judges of supreme court and high courts
Can seek advice from the Supreme Court on any question of law or fact but theadvice
tendered by the supreme court is not binding on the president
He can grant pardon,reprieve, respite,remit and commute the punishment of any person

39. 5. Diplomatic powers
International treaties and agreement are negotiated and concluded on behalf of the
president subject to the approval of parliament
He represents India at international forums and sends and receives diplomats
6. Military powers
He is the supreme commander of defence forces
He appoints the chiefs of defence forces

40. Can declare war or conclude peace subject to approval of parliament
7. Emergency powers
Can declare national emergency under article 352
Can declare president's rule in states under article 356
Can declare financial emergency under article 360
Removal/ Impeachment Process of President
 The process may start in either of the two houses of the Parliament.
 Either of the two houses can initiate the process.
 The charges leveled against the President have to be signed by at least one i/4th
of the
total members of that house.
 The notice is sent up to the President and 14 days later, it is taken up for consideration.
 A resolution to impeach the President has to be passed by a two-third majority of thetotal
members of the originating house.
 It is then sent to the other house. The other house investigates the charges that have been
made. During this process, the President has the right to defend himself/herself through
an authorized counsel.
 If the second house also approves the charges made by two-third majority again, the
President stands impeached and is deemed to have vacated his/her office from the date
when such a resolution stands passed.
 Other than impeachment, no other penalty can be given to the President for the violation
of the Constitution.

41. CHAPTER-11
Emergency Provisions
This article is about general information on emergencies in India. For the 1975 - 1977
emergency, see The Emergency (India).
A state of emergency in India refers to a period of governance under an altered
constitutional setup that can be proclaimed by the President of India, when he/she
perceives grave threats to the nation from internal and external sources or from financial
situations of crisis.
Under the advice of the cabinet of ministers and using the powers vested in him/her
largely by Part XVIII of the Constitution of India, the President can overrule many
provisions of the constitution, which guarantee fundamental rights to the citizens of India
and acts governing devolution of powers to the states which form the federation. In the
history of independent India, a state of emergency has been declared thrice.
The first instance was between 26 October 1962 to 10 January 1968 during the India-
China war, when "the security of India" was declared as being "threatened by external
aggression".
The second instance was between 3 December 1971 to 21 March 1977, which was
originally proclaimed during the Indo-Pakistan war. It was later extended along with the
third proclamation between 25 June 1975 to 21 March 1977 under controversial
circumstances of political instability under Indira Gandhi's prime ministership, when
emergency was declared on the basis of "internal disturbance", but this term was too
vague and had a wider connotation and hence 44th amendment act 1978 substituted the
words "internal disturbance" for "armed rebellion".
The phrase Emergency period used
loosely, when referring to the political history of India, often refers to the third and the
most controversial of the three occasions.
The President can declare three types of emergencies — national, state and financial
emergency.

42. National emergency under Article 352
Originally at the beginning, National emergency could be declared on the basis of
"external aggression or war" and "internal disturbance" in the whole of India or a part of
its territory under Article 352. Such an emergency was declared in India in 1962 war
(China war), 1971 war (Pakistan war), and 1975 internal disturbance (declared by Indira
Gandhi). But after 44th amendment act 1978, National Emergency can only be declared
on grounds of "External aggression or war", also called as External Emergency & on the
ground of "armed rebellion", also called as Internal Emergency.
The President can declare such an emergency only on the basis of a written request by the
Cabinet headed by the Prime Minister. Such a proclamation must be laid before both
houses of Parliament, and the state of emergency expires after one month unless
approved within that time by both houses sitting and voting separately.
However, if the Lok Sabha (the lower house) has been dissolved or dissolution takes
place in the state of emergency, and the Rajya Sabha approves of the state of
emergency, the deadline for the Lok Sabha is extended until thirty days after that house
reconstituted.
According to Article 352(6), approval by either house requires a special majority: those
in favour of the motion must be two thirds of those present and voting, and amount to a
majority of the entire membership of that house. A Parliamentary resolution extends the
state of emergency for up to six months, and it can be extended indefinitely by further
resolutions in six- monthly increments.
During a national emergency, many Fundamental Rights of Indian citizens can be
suspended. The six freedoms under Right to Freedom are automatically suspended. By
contrast, the Right to Life and Personal Liberty cannot be suspended according to the
original Constitution. In January 1977, during the emergency declared controversially by
Indira Gandhi, the government decided to suspend even the Right to Life and Personal
Liberty by dispensing with Habeas corpus. Justice Hans Raj Khanna defended the Right
to Life and asked: "Life is also mentioned in Article 21 and would Government argument
extend to it also? The Attorney General observed: "Even if life was taken away illegally,
courts are helpless".

43. State emergency also called as President Rule, under Article 356
A state of emergency can be declared in any state of India under article 356 on the
recommendation of the governor of the state. Every state in India except two states,
Chhattisgarh and Telangana has been under a state of emergency at some point of time or
the other. The state of emergency is commonly known as 'President's Rule'.
If the President is satisfied, based on the report of the Governor of the concerned state or
from other sources, that the governance in a state cannot be carried out according to the
provisions in the Constitution, he may declare an emergency in the state. Such an
emergency must be approved by the Parliament within a period of two months.
It is imposed for an initial period of six months and can last for a maximum period of
three years with repeated parliamentary approval every six months. In case of Jammu &
Kashmir, first there should be a Governor's rule for 6 months (under section 92 of Jammu
& Kashmir constitution) then only President rule can follow.
The 42nd amendment act of 1976 extended the initial time duration of state emergency
from 6 months to 1 year. Subsequently, 44th CAA 1978 restored the 1-year period back
to 6 months. Originally, the maximum period of operation of state emergency was 3
years.
This 3-year period was divided into 1 year of ordinary period and 2 years of extra
ordinary period for which certain conditions are to be fulfilled. Therefore, from now on
after every 1 year Parliament needs to approve the same. If the emergency has to be
extended for more than three years, it can only be done by a constitutional
amendment, as has happened in Punjab and Jammu and Kashmir.
During such an emergency, the President can take over the entire work of the executive,
and the Governor administers the state in the name of the President. The Legislative
Assembly can be dissolved or may remain in suspended animation. The Parliament
makes laws on the 66 subjects of the state list (see National emergency for explanation).
All money bills have to be referred to the Parliament for approval. In this occasion
ministers of state legislature do not perform actions in state.

44. Financial emergency under Article 360
If the President is satisfied that there is an economic situation in which the financial
stability or credit of India is threatened, he or she can declare financial emergency.
Such an emergency must be approved by the Parliament within two months. It has never
been declared. Such a situation had arisen but was avoided by putting the gold assets of
India as collateral for foreign credit.
In case of a financial emergency, the President can reduce the salaries of all government
officials, including judges of the Supreme Court and High Courts.
All money bills passed by the State legislatures are submitted to the President for his
approval.
He can direct the state to observe certain principles (economy measures) relating to
financial matters; but fundamental rights cannot be suspended.

45. CHAPTER-12
Local self-government in India
Local self-government in India :
Local self-government in India refers to governmental jurisdictions below the level of the
state. India is a federal republic with three spheres of government: central (union), state
and local. The 73rd and 74th constitutional amendments give recognition and protection
to local governments and in addition each state has its own local government legislation.
Since 1993, local government in India takes place in two very distinct forms. Urban
localities, covered in the 74th amendment to the Constitution, have Nagar Palika but
derive their powers from the individual state governments, while the powers of rural
localities have been formalized under the panchayati raj system, under the 73rd
amendment to the Constitution. For the history of traditional local government in India
and South Asia, see panchayati raj.
As of 2017, there are a total of 267,428 local government bodies of which 262,771 are
rural and 4,657 urban. Of the rural local governments, 632 are zila parishads at the
district level, 6,672 are panchayat samitis at the block level, and 255,466 are gram
panchayats at the village level. Following the 2013 local election, 37.1% of councillors
were women, and in 2015/16 local government expenditure was 16.3% of total
government expenditure.
The three tier Panchayati Raj system is a system of governance founded and implemented
by the Government of India to look after the administration at the Panchayat level.
The three-tiers of this system are:
1. Village Panchayat or Gram Panchayat
2. Block Panchayat or Block Samiti
3. Zila Panchayat or Zila Parishad.

46. The Panchayati Raj system was introduced in late 1950s to promote rural self- governance and
micromanagement at the village and block levels, which owing to their high growth were
becoming hard to manage by a single Nagar Panchayat.
Village Panchayat:-
The memebrs of Village Panchayat are the Sarpanch and other eminent members of the village
Gram Sabha. It is the smallest administrative body in the Indian administrative hierarchy that is
recognised by thew Government and receives funding and grants from various state and central
government schemes.
A gram panchayat (transl. 'village council') or village panchayat is the only grassroots-
level of panchayati raj formalised local self- governance system in India at the
village or small-town level, and has a sarpanch as its elected head.
The failed attempts to deal with local matters at the national level caused, in 1992, the
reintroduction of panchayats for their previously used purpose as an organisation for local
self-governance. There are about 250,000 gram panchayats in India.
Block Samiti:-
The memebers of the Block Panchayat are- All Sarpanch(s) of every village in that Development
Block (Taluka or Tehsil) + all elected MPs and MLAs of the area + associate members like a
local farmer, representative of a Co-op society and other eminent personalities.
All the elected members are elected by polls every five years whereas, these elected members
then choose a Chairman and Deputy Chairman to head the Block Panchayat from amongst
themselves.
Functions
Implementation of schemes for the development of agriculture and
infrastructure
Establishment of primary health centres and primary schools
Supply of drinking water, drainage and construction/repair of roads

47. Development of a cottage and small-scale industries, and the opening of cooperative
societies
Establishment of youth organizations.
Zila Parishad:
The members of the Zila Parishad include:
Parshads (Councillors) of each block in the district, MPs and MLAs from that constituency and
other eminent memebers.
The elected members are chosen every five years from amongst the citizens of the block.
Functions
Provide essential services and facilities to the rural population
Supply improved seeds to farmers and inform them of new farming techniques
Set up and run schools and libraries in rural areas
Start primary health centers and hospitals in villages; start vaccination drives against
epidemics
Execute plans for the development of the scheduled castes and tribes; run ashram shalas
for Adivasi children; set up free hostels for them.
Encourage entrepreneurs to start small-scale industries and implement rural employment
schemes.
Construct bridges, roads and other public facilities and their maintenance
Provide employment.
Works on Sanitation related issues
The 73rd Amendment 1992
added a new Part IX to the constitution titled “The Panchayats” covering provisions from Article
243 to 243(O); and a new Eleventh Schedule covering 29 subjects within the functions of the
Panchayats.
District administration
District administration is an important feature of the. governmental system in India. It is
an administrative. mechanism whereby the government

48. functions locally through its. representative, who is the pivot of the local administration.
A district collector, often abbreviated to collector, is an Indian Administrative Service
(IAS) officer in charge of revenue collection and administration of a district in India.
74th Amendment
Mahanagar nigam (municipal corporation)
Nagar palika (municipality)
Nagar panchayat (notified area council, city council)
Suggested municipal functions
 Urban planning including town planning
 Regulation of land-use and construction of buildings
 Planning for economic and social development
 Roads and bridges
 Water supply domestic, Industrial and commercial purposes
 Public health, sanitation, conservancy and solid waste management
 Fire services
 Urban forestry
 Preventive Health Care
 Provision of urban amenities and facilities such as parks, gardens, playgrounds
 Burials and burial grounds, cremations, cremation ghats/grounds and electric
crematoria
 Cattle pounds, prevention of cruelty to animals
 Vital statistics including registration of births and deaths
 Street lighting
Introduction:
The constitution 74th Amendment Act 1992, relating to Municipalities (Urban local
Government) was passed by the parliament in 1992.

49. It received the assent of the president of India on 20th April 1993. The Act seeks to provide a
common framework for the structure and mandate of urban local bodies to enable them to
function as effective democratic units of local Self Government.
Government of India notified 1st June 1993 as the date from which the 74th Amendment Act
came into force. The Act provided for a period of one year from the date of its commencement,
within which the then existing municipal laws (which were in force at that time In states/union
territories) were required to be changed/amended/modified in order to bring them in conformity
with the provisions of the constitution (74th Amendment) Act—1992.
The Salient Features of the Constitution (74th Amendment) Act, 1992:
(a) Constitution of Municipalities.
(b) Composition of Municipalities.
(c) Constitution of wards committees.
(d) Reservation of seats.
(e) Fixed duration of Municipalities.
(f) Power, Authority and responsibilities of Municipalities.
(g) Appointment of State Election Commission.
(h) Appointment of State Finance Commission.
(i) Constitution of Metropolitan and District Planning Committees.

50. Action has been taken by the State/Union Territory Governments to set up State Finance
Commission/State Election Commissions. All states set up their Finance Commissions. Most of
the State Finance Commissions submitted their report to the concerned State Government.
The concerned states accepted nearly all the recommendations made by their respective finance
commissions. All State Governments/Union Territories set up their Election Commissions for
conducting elections to urban Local Bodies.

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CHAPTER-13
Fundamental Right to Equality (ARTICLES 14 – 18)
 Article 14 of the Constitution of India reads as under: “The State shall not deny to any
person equality before the law or the equal protection of the laws within the territory of
India.”
 The said Article is clearly in two parts – while it commands the State not to deny to any
person ‘equality before law’, it also commands the State not to deny the ‘equal protection
of the laws’. Equality before law prohibits discrimination. It is a negative concept. The
concept of ‘equal protection of the laws’ requires the State to give special treatment to
persons in different situations in order to establish equality amongst all. It is positive in
character.
 Therefore, the necessary corollary to this would be that equals would be treated equally,
whilst un-equals would have to be treated unequally.
 Articles 14, 15 and 16 form part of a scheme of the Constitutional Right to Equality.
Article 15 and 16 are incidents of guarantees of Equality, and give effect to Article 14.
However, initially, Articles 15(4) and 16(4) were considered exceptions to Articles 15(1)
and 16(1).
 14 Equality before law.—The State shall not deny to any person equality before the law
or the equal protection of the laws within the territory of India.
 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
 15(3) Nothing in this article shall prevent the State from making any special provision for
women and children.
 15(4)Nothing in this article or in clause (2) of article 29 shall prevent the State from
making any special provision for the advancement of any socially and educationally
backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
 16 Equality of opportunity in matters of public employment.— There shall be equality of
opportunity for all citizens in matters relating to employment or appointment to any
office under the State.
 16(4) Nothing in this article shall prevent the State from making any provision for the
reservation of appointments or posts in favour of any

52. backward class of citizens which, in the opinion of the State, is not adequately
represented in the services under the State.
 17. Abolition of Untouchability.—“Untouchability’’ is abolished and its practice in any
form is forbidden. The enforcement of any disability arising out of “Untouchability’’
shall be an offence punishable in accordance with law.
 18. Abolition of titles.
 (1) No title, not being a military or academic distinction, shall be conferred by the State.
 (2) No citizen of India shall accept any title from any foreign State.
 (3) No person who is not a citizen of India shall, while he holds any office of profit or
trust under the State, accept without the consent of the President any title from any
foreign State.
 (4) No person holding any office of profit or trust under the State shall, without the
consent of the President, accept any present, emolument, or office of any kind from or
under any foreign State.

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Chapter-7
Federal structure and Distribution of Legislative and financial Powers between union and
states
1) What is Federal System? Write down features of federal Government.

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2) Explain Legislative Relations & Financial Relations

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Financial Relations (Article 268-393)
The States are greatly dependent on the center in this sphere as well. Though the constitution
provides independent sources of revenue to states.

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Chapter-9
Amendment of the Constitutional Powers and Procedures
1) What is Constitutional Amendment and way of it.

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2) What is Article 368? Explain in detail.

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Chapter-10
Historical Perspectives of the Amendment in INDIA
1) List out important Amendments of the INDIA constitution

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2) Explain first Amendment of the Constitution of India
The Constitution (First Amendment) Act, 1951, enacted in 1951, made several changes to
the Fundamental Rights provisions of the constitution. It provided against abuse of freedom of
speech and expression, validation of zamindari abolition laws, and clarified that the right to
equality does not bar the enactment of laws which provide "special consideration" for weaker
sections of society.
The formal title of the amendment is the Constitution (First Amendment) Act, 1951. It was
moved by the then Prime Minister of India, Jawaharlal Nehru, on 10 May 1951 and enacted by
Parliament on 18 June 1951.[1]
This Amendment set the precedent of amending the Constitution to overcome judicial judgments
impeding fulfillment of the government's perceived responsibilities to particular policies and
programmers.
Freedom of speech
In 1950, a leftist weekly journal in English, Cross Roads, published by Romesh Thapar was
banned by the Madras State for publishing critical views on Nehruvian policy, who petitioned
the Supreme Court, which led to the landmark judgment in "Romesh Thappar vs The State Of
Madras" on 26 May 1950. Eventually, in 1951 Nehru administration made a provision limiting
Article 19(1)(a) of Constitution of India against "abuse of freedom of speech and expression".
Some courts had held the citizen's right to freedom of speech and expression guaranteed by
Article 19(1)(a) of the Constitution of India to be so comprehensive as not to render a person
culpable even if he advocates murder and other crimes of violence. The Parliament of
India noted that in other countries with written constitutions, freedom of speech and of the press is not
regarded as debarring the State from punishing or preventing abuse of this freedom.[1]

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Freedom of trade
The right of citizens of India to practise any profession or to carry on any occupation, trade or
business conferred by article 19(1)(g) is subject to reasonable restrictions which the laws of the
State may impose "in the interests of general public". While the words cited are comprehensive
enough to cover any scheme of nationalisation, it was thought desirable to place the matter
beyond doubt by a clarificatory addition to article 19(6).[1]
Equality
It is laid down in Article 46 as a Directive Principle of State Policy that the State should promote
with special care the educational and economic interests of the weaker sections of the people and
protect them from social injustice. In order that any special provision that the State may make for
the educational, economic or social advancement of any backward class of citizens may not be
challenged on the ground of being discriminatory, article 15(3) was suitably amplified.[1]

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Chapter-14
Scheme of Fundamental Right to certain Freedom under Article 19
1) List out Freedom Rights and explain any two in detail.
The right to equality includes equality before the law, the prohibition of discrimination on
grounds of religion, race, caste, gender or place of birth, equality of opportunity in matters of
employment, the abolition of untouchability and abolition of titles.
2. The right to freedom includes freedom of speech and expression, assembly, association or
union or cooperatives, movement, residence, and right to practice any profession or occupation.
3. The right against exploitation prohibits all forms of forced labour, child labour and trafficking
of human beings.
4. The right to freedom of religion includes freedom of conscience and free profession, practice,
and propagation of religion, freedom to manage religious affairs, freedom from certain taxes and
freedom from religious instructions in certain educational institutes.
5. Cultural and educational rights preserve the right of any section of citizens to conserve their
culture, language or script, and right of minorities to establish and administer educational
institutions of their choice.
6. The right to constitutional remedies is present for enforcement of fundamental rights. The
right to privacy is an intrinsic part of Article 21 (the Right to Freedom) that protects the life and
liberty of the citizens.

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7. Article 19 guaranteed to all citizens the right to acquire, hold and dispose of property. Article
31 provided that "no person shall be deprived of his property save by authority of law." Thus, the
right to property is no longer a fundamental right, though it is still a constitutional right.
2) Explain Article 19.
The primary purpose of Article 19 is to protect certain rights regarding freedom of speech.
Every citizen has the right to freedom of speech and expression; assemble peacefully (without
arms); form associations or unions; move freely throughout the country; reside and settle in any
part of India; and practice any profession, or carry on any occupation.
In the interests of the sovereignty, integrity, and security of India, the states can enact any law
that imposes “reasonable restrictions” on the exercise of the rights mentioned in Article 19.
Moreover, the Defamation clause under this Article prevents any citizen from making any
statement that injures the reputation of another. It is to be noted that the privileges under this
article remain suspended during the proclamation of emergency.

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Although the Constitution of India does not specifically mention the freedom of press, it is
implicitly defined under the Article 19 (1a). It has been included as part of freedom of speech
and expression. Therefore, the press is also subject to restrictions that are provided under the
Article 19 (2).
In fact, the Right to Information (RTI) emerges as a fundamental right under this Article as the
prerequisite for enjoying the freedom of speech and expression is access to knowledge and
information. Therefore, RTI becomes a constitutional right and an important aspect of the right
to free speech and expression. Access to information also helps the citizens perform their
fundamental duties mentioned in Article 51A.

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Chapter 15
Scope of right to life and personal liberty under article 21
1) Explain Meaning and concept of ‘ RIGHT TO LIFE’
Article 2 protects your right to life
Article 2 of the Human Rights Act protects your right to life.
This means that nobody, including the Government, can try to end your life. It
also means the Government should take appropriate measures to safeguard life by
making laws to protect you and, in some circumstances, by taking steps to protect
you if your life is at risk.
Public authorities should also consider your right to life when making decisions
that might put you in danger or that affect your life expectancy.
If a member of your family dies in circumstances that involve the state, you may
have the right to an investigation. The state is also required to investigate
suspicious deaths and deaths in custody.
The courts have decided that the right to life does not include a right to die.

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2) Explain Article 21.