Indian polity

Ghanshyam Thori Indian Polity
Ghanshyam Thori Indian Polity1
Indian Polity
Analysis:
Indian Political System - General Political Scenario/Broad Political Issue
· Discuss economic backwardness as a major challenge of Indian democracy. Can democracy and
development go together smoothly? (30 Marks)
· What is the “Strategic Partnership” between India & United States of America? What are its
implications for both the partners? (30 Marks)
· What are the main determinants of voting behavior in India? (30 Marks)
· Discuss the major obstacles in the smooth functioning of Parliamentary democracy in India. (30
Marks).
· Bring out the aberrations in the Parliamentary system of government in India. (30 Marks).
· Examine the demand for greater state autonomy & also its impact on the smooth functioning of the
Indian Polity. (30 Marks).
· Examine the major extra constitutional factors influencing the working of federal polity in India (15
Marks).
Constitution of India & Its Amendments – Broad Constitutional Question
· What is a constitution? What are the main sources of the Indian Constitution? (30 Marks)
· What is the significance of Preamble of the Indian Constitution? Bring out the philosophy of the
Indian Constitution as enshrined in the Preamble of the Indian Constitution. (30 Marks).
· How does the constitution of India provide equal rights? (30 Marks)
· Discuss the constitutional provisions regarding rights of Children. (15 Marks).
· Discuss the significance of 44th
Amendment of the Constitution of India. (15 Marks).
· Why does the constitution of India provide different forms of Oaths for the President, the Ministers,
the Legislators & the Members of Judiciary? Discuss their significance. (30 Marks).
· How is the Constitution of India amended? Do you think the procedure to amendment makes the
constitution a plaything in the hands of the Centre? (30 Marks).
· Discuss the constitutional provisions relating to the non justiciable directives binding upon the states.
(15 Marks).
· Examine the need for the review of the Indian Constitution (30 Marks).
· What constitutes the doctrine of “Basic features” as introduced into the constitution by the Judiciary.
(30 Marks).
Fundamental Rights & Duties
· What is the right of life & personal liberty? How have the courts expanded its meaning in recent
years? (30 Marks).
· Give you views on the right to freedom of religion as enshrined in the Indian Constituion. Do they
make India a secular state? (30 Marks).
· What are the constitutional limitations on the free movement of Indians throughout the country? (15
Marks).

· How does the constitution of India provide equal rights? (30 Marks)
· Identify the major fundamental duties.
Directive Principles
· Bring out the fundamental differences between the Fundamental Rights & the Directive Principles of
State Policy/ Discuss some of the measures taken by the Union & State Governments for the
implementation of Directive Principles of State Policy. (30 Marks)
· What is the constitutional position of Directive Principles of State Polity? How has it been interpreted
by the Judiciary after the emergency of 1975-77? (30 Marks).
President – Vice President
· What are the exceptions when the President of India is not bound by the aid & advice of Council of
Ministers? (15 Marks).
· Discuss the question of death sentence & Presidential Clemency. (30 Marks).
· Comment on the nature of Ordinance Making power of the President of India. What safeguards are
there against possible misuse? (15 Marks).
Speaker
· What is pro term speaker? (15 Marks).
Parliament – Lok Sabha & Rajya Sabha
· On What grounds can a member be disqualified from either House of the Parliament? (30 Marks).
· How would you differentiate between the passage of a Constitution Amendment Bill and an Ordinary
Legislative Bill? (15 Marks).
· Under what circumstances can parliament legislate on State Subjects? (15 Marks)
· Define Money-Bill. Discuss how it is passed in the Parliament. (15 Marks).
· Discuss Parliamentary control over the Executive. (30 Marks).
· Explain the relevance of Rajya Sabha as a second chamber in the federal setup of Indian Parlimentary
System. (15 Marks).
· The issue of hung parliament adversely affects the stability of the Indian Government. Discuss the
statement and point out how far changing to the Presidential form of government will be a solution to
this problem. (30 Marks)
· What are the main differences between the passage of a constitutional amendment bill & other
legislatve bills? (30 Marks).
· Distinguish between Cabinet Secretariat & Prime Ministers Secretariat. Which of these is more
important? (15 Marks).
· How does Parliament control the Union Executive? How effective is this control? (30 Marks -
Repeat).
Parliamentary Committees:
· Explain the role of Public Accounts Committee. (15 Marks).

· Examine the role of the Estimates Committee (15 Marks).
Governor
· Explain the discretionary powers of Governor of a State. (30 Marks).
State Legislature
· Examine the major extra constitutional factors influencing the working of federal polity in India (15
Marks).
Local Governance – Panchayati Raj & Muncipalities
· Would you say that the implementation of the Panchayati System in the last 10 years has lead to real
restructuring of Indian polity? (30 Marks).
· Discuss how the State government can exercise control over panchayats (15 Marks).
Centre-State Relations
· Comment on the financial relations between the Union & the States in India. Has post 1991
liberalization in any way affected it? (30 Marks).
· Discuss the administrative relations between the centre & the states in the light of recent controversies.
(30 Marks).
Quasi-Judical/Extra Constitutional/Statutory Bodies
· How does the Inter-State Council establish co-ordination between states? (15 Marks)
· What are the steps that the Election Commission may take if a recalcitrant State Government wants to
put off Assembly Elections? (15 Marks).
· What is a Finance Commission? Discuss the main functions of the State Finance Commission. (15
Marks)
Elections
· Identify the major electoral reforms which are necessary in the Indian Political System
· Describe the methods of delimiting constituencies for parliamentary elections in India (15 Marks –
Important for this year).
Judiciary
· Is the High Courts power to issue writs wider than that of Supreme Court of India? (15 Marks)
· Is it possible to distinguish between Judicial review & Judicial Activism in India? Does the recent
behaviour of the Indian Judiciary partake more of judicial activism? Argue with suitable examples.
· What is the position of Supreme Court under the Constituion of India? How far does it play a role as
the Guardian of the Constitution. (30 Marks).
Emergency Provisions

What is the meaning of “Breakdown of Constitutional Machinery”. What are its effects? (30 Marks).
Miscellaneous
· How has the Indian State tackled the tradeoff between Environment & development? (15 Marks).
2 Markers (Previous Years)
2007
1. What is criminalization of politics?
2. How is the President of India Elected?
3. What is Casting Vote?
4. What the difference between Council of Ministers & Cabinet?
5. What is the importance of Right to Constitutional Remedies?
2006
1. Explain the following terms:
a. Dissolution of the House
b. Prorogation of the House
c. Adjournment of the business of the House
2. What is Consolidate fund of India?
3. To what extend can the President withhold his assent to a bill already passed by the Parliament?
4. What is India’s “Look East” Policy
5. What is meant by “Empowerment of India” in India?
2005
1. What is meant by Double Jeopardy
2. What are the protections afforded to Scheduled tribes in the Fifth Schedule of the Indian Constituion?
3. In what ways can the President of India ascertain the views of the Supreme Court on a particular bill?
4. What is the common point between Articles 14 & 226 of the Indian constitution?
5. Who & what does the Indian Parliament consist of?
2004
1. What is Habeas Corpus?
2. What are the constitutional restrictions imposed upon the power of borrowings of state government?
3. What is the special facility provided to the linguistic minorities under the article 350A?
4. How can a judge of the Supreme Court be removed?
5. How is the Election Commission of India Constituted?
2003
1. What is point of order? How can it be raised?
2. What is Privilege Motion?
3. State the difference between Council of Ministers & Cabinet (Repeat)
4. How is the Vice President of India elected?
5. What is meant by “Sine-die” adjournment?
2002
1. What is the importance of 84th
Amendment of the Indian Constitution?
2. Under what Article of the Constitution can the Union Government play its role in settling Inter-state
Water Dispute?
3. What is the role of the protem speaker?
4. What is meant by “Lame-Duck Session” of the Legislature?
5. What is meant by “Fringe Areas” in the sphere of local government in India?
2001
1. Explain the Local Area Development Scheme of the Members of Parliatment.
2. What is ethics committee of the Lok Sabha?
3. Why is it said that centre has absolute veto over state legislature?
4. What is Call Attention Motion?
5. When is the device of joint sitting of both houses of the parliament not available?
2000
1. What is vote on account?
2. What is a caretaker government?
3. Do you justify the Prime Minister’s Entry into Parliament through Rajya Sabha?
4. What is priviledge Motion?
5. What is Contempt of Parliament?

Terms
Post Election Removal
President An electoral college consisting of the
elected members of both houses of the
Parliament and the elected members of
the State Legislative Assemblies
(Vidhan Sabha). The election uses the
Single Transferable Vote method of
proportional representation.
Through Impeachment. The process of
impeachment may start in either house. The
charges are contained in a notice which has
to be signed by at least one quarter 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 the total members of
the originating house. It is then sent to the
other house where it has to be passed by
2/3rd
majority. The president has the right to
defend himself during the process.
Legislative Assembly members do not
participate in impeachment.
Vice President By an electoral college consisting of all
the Members of both Houses of
Parliament.
By a vote of the majority of the votes of all
the members of both Houses of Parliament.
But only Rajya Sabha can initiate the
process.
MP (Lok
Sabha)
Direct Election. 2 members of Anglo
Indian community nominated.
MP (Rajya
Sabha)
Members are elected by the Legislative
Assembly of Each State. Delhi &
Pondicherry are the only two UTs
having representation. 12 members are
nominated.
Governor No provision in constitution. He holds office
during the pleasure of the president.
MLA
Members of
Legilative
Council
1/3rd
elected by State Legislative
Assembly, 1/3rd
by local bodies, 1/12th
by university graduates, 1/12th
by
teachers, 1/6th
nominated by governor.
At present only 6 states viz Uttar
Pradesh, Bihar, Karnataka, Maharashtra
and Jammu and Kashmir & Andra
Pradesh (added in 2005) have legislative
council.

Supreme
Court Judge
President appoints in consultation with
Supreme Court. For this the person must
be a citizen of India and must have been,
for at least five years, a Judge of a High
Court or of two or more such Courts in
succession, or an Advocate of a High
Court or of two or more such Courts in
succession for at least 10 years, or the
person must be, in the opinion of the
President, a distinguished jurist.
A Judge of the Supreme Court cannot be
removed from office except by an order of
the President passed after an address in each
House of Parliament supported by a
majority of the total membership of that
House and by a majority of not less than
two-thirds of members present and voting,
and presented to the President in the same
Session
High Court
Judge
President after consultation with the
Chief Justice of India, Governor of the
State Concerned & Chief Justice of High
Court.
Exactly Same as in case of Supreme Court
Judge (cited above).
Parliamentary Terms
Adjournment sine die Termination of a sitting of the House without any definite date being fixed for the
next sitting.
Appropriation Bill A Money Bill passed annually (or at various times of the year) providing for the
withdrawal or appropriation from and out of the Consolidated Fund of India of
moneys voted by Lok Sabha and moneys charged on the Consolidated Fund for
the services of a financial year or a part of a financial year.
Budget Annual financial statement of the estimated receipts and expenditure of the
Government of India in respect of a financial year. The Budget is laid in Rajya
Sabha in two parts viz., the Railway Budget and the General Budget.
Casting Vote The vote cast by the Chairman, or the person Acting as such in the House and by
the Chairman or person acting as such in a Committee, in the case of an equality
of votes on a matter.
Crossing the Floor Passing between the member in possession of the House and the Chair. To cross
the floor is a breach of Parliamentary etiquette
Dilatory Motion A motion for the adjournment of the debate or a motion to retard or delay the
progress of the business under consideration of the House. The debate on a
dilatory motion must be restricted to the matter of such motion. If the Chairman
is of opinion that such a motion is an abuse of the Rules of the House, he may
either forthwith put the question thereon from the Chair or decline to propose the
question.
Draw of Lot A method applied to determine the relative precedence of private members' Bills
and Resolutions, notices of questions, half-an-hour discussions or any other
notice given by more than one member simultaneously for being taken up on the
same day.
Expunction Deletion of words, phrases or expressions from the proceedings or records of
Rajya Sabha by an order of the Chairman as being defamatory or indecent or
unparliamentary or undignified.

Finance Bill Bill ordinarily introduced every year to give effect to the financial proposals of
the Government of India for the following financial year and includes a Bill to
give effect to supplementary financial proposals for any period.
Financial Bill Financial Bills are of two types:
(a) A Bill making provision for any of the matters specified in sub-clauses (a) to
(f) of clause (1) of article 110 of the Constitution is called a Money Bill. Such a
Bill cannot be introduced except on the recommendation of the President and a
Bill making such provisions cannot be introduced in Rajya Sabha.
(b) A Bill which if enacted and brought into operation would involve expenditure
from the Consolidated Fund of India. Such a Bill can be introduced in Rajya
Sabha. It cannot be passed by either House of Parliament unless the President has
recommended to that House the consideration of the Bill.
Guillotine Guillotine is a different form of closure. It means the putting by the Chairman of
outstanding question or questions relating to the business in hand on expiry of the
time allotted for the discussion. Unlike closure, the guillotine to be applied is not
preceded by any motion. The Chair forthwith puts the question without further
debate.
Maiden Speech The first speech of a member after his election for the first time. Such a member
is, as a matter of courtesy, called upon by the Chairman to make his maiden
speech in preference to others rising to speak at the same time. It is a recognized
parliamentary convention that a member making a maiden speech is not
interrupted by another member.
Money Bill A Bill containing only provisions dealing with all or any of the matters specified
in sub-clauses (a) to (g) of clause (1) of article 110 of the Constitution is a Money
Bill. Such a Bill cannot be introduced in Lok Sabha except on the
recommendation of the President and a Bill making such provisions cannot be
introduced in Rajya Sabha.
Naming a Member The drawing of attention of the House by the Chairman to the conduct of a
member who disregards the authority of the Chair or abuses the Rules of the
House by persistently and willfully obstructing the business thereof, with a view
to action being taken to suspend him from the service of the House for a period
not exceeding the remainder of the session.
Ordinance A law made by the President in exercise of the powers vested in him by article
123 of the Constitution.
Point of Order A point relating to the interpretation or enforcement of the Rules of Procedure or
such articles of the Constitution as regulate the business of the House raised in
the House and submitted for the decision of the Chair. A member may raise a
point of order if the proceedings of the house do not follow the normal rules. The
presiding officer decides whether the point of order raised by the member should
be allowed.
Prorogation The termination of a session of Rajya Sabha by an order made by the President
under article 85(2)(a) of the Constitution.
Question Hour The first hour of a sitting of the House allotted for asking and answering of
questions. The questions consist of starred (oral), unstarred (written) & short

notice question.
Question of Privilege A question involving a breach of privilege either of a member or of the House or
of a Committee thereof or contempt of the House.
Parliamentary
Privileges
The term `parliamentary privilege' refers to certain rights and immunities enjoyed
by each House of Parliament and Committees of each House collectively, and by
members of each House individually, without which they cannot discharge their
functions, efficiently and effectively. The House has the power to punish any
person who commits contempt of the House or a breach of any of its privileges.
Lame Duck Session This session is held when a new Parliament has been elected but the old
parliament meets for the last time before it is dissolved. The lame-ducks are the
members of the parliament who have not got re-elected.
Privilege Motion Any member either from Lok Sabha or Rajya Sabha can move a Privilege Motion
notice against a person who he feels has caused breach of privilege either of his
own person or that of the house in general. The member moving the notice has to
seek prior permission of the Lok Sabha speaker or chairman of the Rajya Sabha
as the case may be.
Difference between
the breach of
privileges and
contempt of the
House
When any of the privileges either of the members individually or of the House in
its collective capacity are disregarded or attacked by any individual or authority,
the offence is called a `breach of privilege'.
Contempt of the House may be defined generally as "any act or omission which
obstructs or impedes either House of Parliament in the performance of its
functions, or which obstructs or impedes any member or officers of such House
in the discharge of his duty, or which has a tendency, directly or indirectly, to
produce such results.
Whereas all breaches of privilege are contempts of the House whose privileges
are violated, a person may be guilty of a contempt of the House even though he
does not violate any of the privilege of the House, e.g. when he disobeys an order
to attend a committee or publishes reflections on the character or conduct of a
member in his capacity as a member.
Quorum The minimum number of members required to be present at a sitting of the House
or a Committee for valid transaction of its business. The quorum to constitute a
sitting of the House is one-tenth of the total number of members of the House.
Short Notice
Question
A question relating to a matter of urgent public importance asked with notice
shorter than fifteen clear days.
Starred Question Question to which a member wishes to have an oral answer on the floor of the
House and which is distinguished by an asterisk.
Unstarred Question A question which is not called for oral answer in the House. The written answer
to such a question is deemed to have been laid on the Table.
Adjournment,
Prorogation &
Dissolution of the
House
An adjournment terminates the sitting of the House which meets again at the time
appointed for the next sitting. An adjournment also signifies brief break of the
sitting of the House which re-assembles at the appointed time on the same day.
Prorogation means the termination of a session of the House by an order made by
the President under article 85(2)(a) of the Constitution. Usually, prorogation

follows the adjournment of the sitting of the House sine die.
Dissolution of the House means the end of the life of the Lok Sabha either by an
order made by the President under article 85 (2) (b) of the Constitution or on the
expiration of the period of five years from the date appointed for its first meeting.
Departmentally
Related Standing
Committee
These Committees, as their name suggests, consider and report on the
working/demands for grants of the Ministries/Departments assigned to them.
Substantive,
Substitute &
Subsidiary Motion
Motions may be classified into three broad categories namely substantive,
substitute and subsidiary. A substantive motion is a self-contained independent
proposal made in reference to a subject which the mover wishes to bring forward
e.g., all Resolutions are substantive motions.
Substitute Motion as its name suggests is moved in substitution of the original
motion for taking into consideration a policy or situation or statement or any
other matter.
Subsidiary Motion is a motion which depends upon or relates to another motion
or follows upon some proceedings in the House. By itself it has no meaning and
is not capable of stating the decision of the House without reference to the
original motion or proceedings of the House.
Adjournment Motion Adjournment Motion is the procedure for adjournment of the business of the
House for the purpose of discussing a definite matter of urgent public importance,
which can be moved with the consent of the Speaker. The Adjournment Motion,
if admitted, leads to setting aside of the normal business of the House for
discussing the matter mentioned in the motion. Only if 50 members support it &
speaker grants permission.
Subordinate
Legislation
"Rules, regulations, orders, schemes, bye-laws, etc. having the force of law,
framed by the Executive or other subordinate authority in pursuance of the power
conferred on it by the Constitution or delegated to it by an Act of Parliament.
Zero Hour The time immediately following the Question Hour and laying of papers and
before any listed business is taken up in the House has come to be popularly
known as `zero hour'. As it starts around 12 noon, this period is euphemistically
termed as `zero hour'. For raising matters during the so-called zero hour in Lok
Sabha, members give notice before 10 a.m. everyday to the Speaker stating
clearly the subject which they consider to be important and wish to raise in the
House. It is, of course, for the Speaker to allow or not allow raising of such
matters in the House. The term `zero hour' is not formally recognised in
parliamentary procedures.
Calling Attention
Notice
A member with prior attention of the speaker may call the attention of a minister
to a matter of urgent public importance. the Minister may make a brief statement
or ask for time to make a statement at a later hour or date. There can be no
debate on such a statement at the time it is made. The Calling Attention
procedure is an Indian innovation. It combines asking a question with

supplementaries and making brief comments. In this procedure, Government gets
adequate opportunity to state its case. The calling attention matter is not subject
to the vote of the House.
Short Duration
Discussions
Private members can also bring matters of urgent public importance to the notice
of the House. The notice must be signed by at least 3 members
Cut Motion Cut Motions to Demands for Grants.—Members may give notice of Cut
Motions for the reduction of the votable heads of expenditure of the Demands for
Grants immediately after the Finance Minister or the Railway Minister as the case
may be, has presented the Budget in the House. Cut Motions are divided into
following three categories:—
(i) Disapproval of Policy cut i.e., a motion "that the amount of the demand be
reduced to Re. 1" representing disapproval of policy underlying the Demand. A
member giving notice of such a Cut Motion should indicate in precise terms, the
particulars of the policy which he proposes to discuss. If the Cut Motion is
admitted, the member should confine the discussion to the specific point or points
mentioned in the notice and it is open to the member to advocate an alternative
Policy;
(ii) Economy cut i.e., a motion "that the amount of the Demand be reduced by a
specific amount" representing the economy that can be effected. Such specified
amount may either be a lump sum reduction in the Demand or reduction of an
item in the Demand. The member giving notice of such a cut motion should
indicate briefly and precisely the particular matter on which discussion is sought
to be raised and if the notice is admitted speeches should be confined to the
discussion as to how economy can be effected; and
(iii) Token cut i.e., a motion "that the amount of the Demand be reduced by Rs.
100" in order to ventilate a specific grievance, which is within the sphere of
responsibility of the Government of India. The discussion on such a cut motion, if
admitted, should be confined to the particular grievance specified in the motion.
Censure Motion A motion which seeks to censure the government for its lapse. At least 50
members support it & speaker should admit it. If the motion is passed in the Lok
Sabha, the council of ministers have to resign.
No Confidence
Motion
A motion moved by a member who expresses lack of confidence in the
government for any reason. The motion, if allowed is debated upon. At the
conclusion of such debate, a vote of confidence is sought by the government & if
it fails to get the required majority of vote, it has to resign.
No Day Yet Named
Motion
The term 'Motion' in its wider sense means any proposal submitted to the House
for obtaining its decision. Any matter of general public interest can be the
subject matter of a motion. If the Speaker admits notice of a motion and no date
is fixed for the discussion on such a motion, it is immediately notified in the
Bulletin Part II under the heading `No-Day-Yet-Named Motion'. The date and
time is allotted for discussion on such motions by the Speaker, in consultation
with the Leader of the House after taking into consideration the state of business
before the House.
By Elections To fill up the seat rendered vacant due to death.

Resolution & Its
Types
A Resolution is the formal expression of opinion by the House. It may be in the
form of a declaration of opinion, or a recommendation
Resolutions may be categorized as: Private Members' Resolutions, Government
Resolutions and Statutory Resolutions. The Private Members Resolutions are
moved by a member (not a Minister); the Government Resolutions are moved by
Ministers; and the Statutory Resolutions are moved in pursuance of a provision
contained in the Constitution or an Act of Parliament.
Various Bodies
National Integration
Council
The then Prime Minister, Shri Jawaharlal Nehru, convened National Integration
Conference in September-October, 1961 to find ways and means to combat the
evils of communalism, casteism, regionalism, linguism and narrow-mindedness,
and to formulate definite conclusions in order to give a lead to the country. This
Conference decided to set up a National Integration Council (NIC) to review all
matters pertaining to national integration and to make recommendations thereon.
The NIC was constituted accordingly and held its first meeting in 1962.
The UPA Government in Feb 2005 reconstituted the National Integration Council
(NIC) under the chairmanship of the Prime Minister, Manmohan Singh. The 103-
member NIC was constituted after a gap of 12 years having held its last meeting
in 1992.
Besides Union Ministers, Chief Ministers and political leaders, the NIC will have
representation from various categories such as national commissions, media
persons, business, eminent public figures and women. The NIC will function as a
forum for effective initiative and interaction on issues of national concern, review
issues relating to national integration and make recommendations, according to
an official release here.
State Finance
Commission
Article 243 I of the Indian Constitution prescribes that the Governor of a State
shall, as soon as may be within one year from the commencement of the
Constitution (Seventy-third Amendment) Act, 1992, and thereafter at the
expiration of every fifth year, constitute a Finance Commission to review the
financial position of the Panchayats and to make recommendations to the
Governor as to
A. The principles which should govern
1. The distribution between the State and the Panchayats of the net
proceeds of the taxes, duties, tolls and fees leviable by the State,
which may be divided between them under this Part and the
allocation between the Panchayats at all levels of their respective
shares of such proceeds;
2. The determination of the taxes, duties, tolls and fees which may be
assigned as, or appropriated by, the Panchayats;
3. The grants-in-aid to the Panchayats from the Consolidated Fund of
the State;
B. The measures needed to improve the financial position of the Panchayats;

C. Any other matter referred to the Finance Commission by the Governor in
the interests of sound finance of the Panchayats.
Article 243Y of the Constitution further provides that the Finance Commission
constituted under Article 243 I shall make similar recommendation vis-a-vis
municipalities. The Governor is required to cause every recommendation made
by the State Finance Commission together with an explanatory memorandum as
to the action taken thereon to be laid before the Legislature of the State.
Law Commission of
India
First Law Commission of Independent India was established in 1955. Since then
eighteen more Law Commissions have been appointed, each with a three-year
term and with different terms of reference. The Eighteenth Law Commission was
constituted through a Government order with effect from September 1, 2006. It
will have a three-year term ending August 31, 2009. It is headed by Dr. Justice A
R Lakshmanan, Former Judge Supreme Court of India & there are two other
members.
Uniform Civil Code
Article 44
Shah Bano Case: The Supreme Court first directed the Parliament to frame a
UCC in the year 1985 in the case of Mohammad Ahmed Khan v. Shah Bano
Begum, popularly known as the Shah Bano case. In this case, a penurious Muslim
woman claimed for maintenance from her husband under Section 125 of the Code
of Criminal Procedure after she was given triple talaq from him. The Supreme
Court held that the Muslim woman have a right to get maintenance from her
husband under Section 125. The Court also held that Article 44 of the
Constitution has remained a dead letter.
After this decision, nationwide discussions, meetings, and agitation were held.
The then Rajiv Gandhi led Government overturned the Shah Bano case decision
by way of Muslim Women (Right to Protection on Divorce) Act, 1986 which
curtailed the right of a Muslim woman for maintenance under Section 125 of the
Code of Criminal Procedure. The explanation given for implementing this Act
was that the Supreme Court had merely made an observation for enacting the
UCC, not binding on the government or the Parliament and that there should be
no interference with the personal laws unless the demand comes from within.
Sarla Mudgal Vs Union of India: The second instance in which the Supreme
Court again directed the government of Article 44 was in the case of Sarla
Mudgal v. Union of India. In this case, the question was whether a Hindu
husband, married under the Hindu law, by embracing Islam, can solemnise
second marriage The Court held that a Hindu marriage solemnised under the
Hindu law can only be dissolved on any of the grounds specified under the Hindu
Marriage Act, 1955. Conversion to Islam and Marrying again would not, by
itself, dissolve the Hindu marriage under the Act. And, thus, a second marriage
solemnised after converting to Islam would be an offence under Section 494 of

the Indian Penal Code.
Conclusion:
The section of the nation against the implementation of UCC contends that in
ideal times, in an ideal State, a UCC would be an ideal safeguard of citizens’
rights. But India has moved much further from ideal than when the Constitution
was written 50 years ago.
But to conclude, I would like to say that citizens belonging to different religions
and denominations follow different property and matrimonial laws which is not
only an affront to the nation’s unity, but also makes one wonder whether we are a
sovereign secular republic or a loose confederation of feudal states, where people
live at the whims and fancies of mullahs, bishops and pundits.
Emergency Provisions
of the Constitution
National Emergency: The proclamation of emergency should be approved by
both houses within one month of the date of issue & passed by 2/3rd majority
otherwise ceases to operate in one month. Once it has been approved it remains in
force for a period of 6 months. The life of Lok Sabha can be extended upto one
year at a time & up to the period not exceeding beyond six months after the
proclamation ceases to operate. Fundamental rights except guaranteed in article
20 & 21 cannot be suspended. Emergency was form 1962-68 & 1971-78.
However according to 44th amendment, national emergency cannot be declared
on grounds of internal disturbances.
Emergency due to constitutional failure in state: Ceases to be in operation
after the expiry of two months unless approved by each house. After approval
valid for 6 months. It can be extended by parliament for a further period of 6
months. To extend further election commission should certify & still maximum
period is 3 years. Declared more than 100 times, first time in Punjab. The court
can strike down emergency if found unconstitutional & revive the dissolved state
assembly.
Financial Emergency: Remains in force for a period of 2 months unless
approved. After approval 6 months. The maximum period is 3 years. President
can reduce salary of judges of all courts & ask all money bills passed by state
legislature to be reserved.
Separation of Powers At both the Center and in the States, the powers of government are divided
between the Executive, the Legislature and the Judiciary. At the Center, the
Executive comprises the President, Vice-President and the Council of Ministers,
headed by the Prime Minister. The Union Legislature (Parliament) has two
houses - the Lok Sabha (the lower house, elected by the people of India from
individual, simple majority constituencies) and the Rajya Sabha (the upper house,
elected by the State Legislatures who in turn are directly elected by the people on
the same lines as the Lok Sabha). The Judiciary is vested in the Supreme Court of
India
Basic Structure of The "Basic Structure" doctrine is the judge-made doctrine whereby certain

Constitution features of the Constitution of India are beyond the limit of the powers of
amendment of the Parliament of India. The doctrine which was first expresed in
Kesavananda Bharati vs. The State of Kerala reflects judicial concern at the
perceived threat to the liberal constitutional order posed by the Indian National
Congress, in particular under Indira Gandhi.
The Basic Structure doctrine applies only to the constitutionality of amendments
and not to ordinary Acts of Parliament, which must conform to the entirety of the
constitution and not just its basic structure.
On April 24, 1973, the Supreme Court ruled in Kesavananda Bharati v State of
Kerala that although the 25th Amendment of 1971 was constitutional, the court
still reserved for itself the discretion to reject any constitutional amendments
passed by Parliament by declaring that the amendments cannot change the
constitution's "basic structure".
The 42nd
.amendment carried out by the Government in 1976 gave asserted that
parliament had unlimited powers to amend the constitution & tried to accord
precedence to Directive principles over fundamental rights. But in the Minerva
Mills Ltd Vs Union of India Case, 1980 the Supreme court struck down those
provisions
What constitutes Basic Structure of Constitution?
Chief Justice Sikri, writing for the majority, indicated that the Basic Structure
was:
· The supremacy of the Constitution;
· A Republican and democratic form of government;
· The secular character of the Constitution;
· Maintenance of the separation of powers;
· The federal character of the Constitution.
Justices Shelat and Grover added three features to the Chief Justice's list:
· The mandate to build a welfare state contained in the Directive Principles of
State Policy;
· Maintenance of the unity and integrity of India;
· The sovereignty of the country.
Justices Hegde and Mukherjea instead provided, in their opinion, a separate
and shorter list:
· The Sovereignty of India;
· The democratic character of the polity;
· The unity of the country;
· Essential features of individual freedoms;

· The mandate to build a welfare state.
Justice Jaganmohan Reddy preferred to look at the Preamble; stating that the
basic features of the Constitution were laid out by that part of the document, and
thus could be represented by:
· A sovereign democratic republic;
· The provision of social, economic and political justice;
· Liberty of thought, expression, belief, faith and worship;
· Equality of status and opportunity.
Legislative
relationship between
Lok Sabha and Rajya
Sabha
In legislative matters, Rajya Sabha enjoys almost equal powers with Lok Sabha,
except in the case of Money Bills where the latter has overriding powers. Such
Bills cannot be introduced in Rajya Sabha and are deemed to have been passed if
these are not returned to Lok Sabha within fourteen days.
In the case of Bills, a disagreement between the two Houses may arise when a
Bill passed by one House is rejected by the other House; or the Houses have
finally disagreed as to the amendments to be made in the Bill; or more than six
months lapse from the date of the reception of the Bill by the other House without
the Bill being passed by it. A joint sitting of the Houses is convened for this
purpose. In the case of Money Bills, there is no question of a deadlock as the
Rajya Sabha has a limited say in such matters. There is no provision for a joint
sitting in case of a deadlock over a Constitution Amendment Bill. It cannot be
passed if other House does not pass it. Only in case of non-money bills joint
provision of joint sitting is available.

Parts of the Constitution
Part Articles Areas
I 1-4 The Union & its Territories
II 5-11 Citizenship
III 12-35 Fundamental Rights
IV 36-51 Directive Principles of State Policy
IV A 51A Fundamental Duties (42nd
Amendment)
V 52-151 The Union Government
VI 152-237 The State Government
VII 238 Dealt with states in Part B of the First Schedule. Repealed in 1956 by the
Seventh Amendment.
VIII 239-241 Union Territories. Article 242 repealed.
IX 243 A-O The Panchayats
IX-A 243 P-ZG The Muncipalities
X 244-244 A The Scheduled & Tribal Areas
XI 245-263 Relations between the Union & the States
XII 264-300A Finance, Property, Contracts & Suits
XIII 301-307 Trade, Commerce & Intercouse within the territory of India
XIV 308-323 Services under the Union & the States
XIV A 323A-323B Administrative Tribunals (42nd
Amendment 1976)
XV 324-329 Elections
XVI 330-342 Special Provisions (Reservations of SC, ST, Anglo Indian etc)
XVII 343-351 Official Language
XVIII 352-360 Emergency Provisions
XIX 361-367 Miscellaneous Provisions (Immunity of President, Legislature etc)
XX 368 Amendment of the Constitution
XXI 369-392 Temporary, Transitional & Special Provision
XXII 393-395 Short Title, Commencement, Authoritative
Schedules of the Constitution
Schedule I Deals with territories of the 28 states & 7 union territories
Schedule II Salaries allowances of president, V.P, Speaker, Judges, CAG etc.
Schedule III Various forms of Oaths & affirmation which various incumbents have to take.
Schedule IV Seats allotted to various states & UTs in the Rajya Sabha (Council of States)
Schedule V Administration & Control of scheduled areas.

Schedule VI Administration of tribal areas in Assam, Meghalaya & Mizoram
Schedule VII Subjects in the three lists – Union, State & Concurrent
Schedule VIII List of 22 regional languages
Schedule IX Certain acts & regulations dealing with land reforms & zamidari system abolition.
(Added by I constitutional amendment).
Schedule X Disqualifications on grounds of defection. (52nd
Amendment)
Schedule XI 29 subjects on which panchayats can legislate. (73rd
Amendment)
Schedule XII 18 subjects on which municipalities have control. (74th
Amendment)
Indian Constitution Borrowed Features
1. British Constitution Parliamentary form of Government, Rule of Law, Law making
procedure, Single Citizenship; Institution of Speaker, doctrine of
pleasure tenure of civil servants.
2. American Constitution Judicial System, Fundamental Rights, President as Executive Head,
Public Interest Litigation (PIL), Preamble
3. Canadian Constitution Federal System with a strong central authority; Residual powers,
Centre State Relation.
4. Irish Constitution Directive Principles, Election of the President of India, Nomination
of Rajya Sabha members by President.
5. Australian Constitution Concurrent list; Freedom of Trade & Service within country
6. Weimar Constitution Emergency Provision
7. Soviet Constitution Five Year Plans; Fundamental duties
8. Govt of India Act 1935 Office of the governor, powers of the federal jury.
9. South African Amendment of Constitution, Election of members of Rajya Sabha
10. French Constitution Republic
11. Japanese Constitution Fundamental Duties.
Important Cases of the Constitution
1. Berubari Case Preamble not a part of the constitution
2. Golaknath Case
1967
Supreme court held that the Parliament had no power to amend any of the
provisions of Part III (Fundamental rights) The Indira Gandhi government
in 1971 carried out the 24th
Amendment with a view to assert the right of
the parliament to amend any part of the constitution.
3. Keshvanada Bharti
Case
Preamble was a part of the constitution & can be amended by Parliament
under Article 368. Parliament can also amend the fundamental rights
(Against Golaknath case) but ruled that the parliament cannot destroy the
basic structure of the constitution.
4. Minerval Mills Case
1980
The 42nd
.amendment carried out in 1976 gave asserted that parliament had
unlimited powers to amend the constitution & tried to accord precedence to
Directive principles over fundamental rights. But in the Minerva Mills

Case the Supreme court struck down those provisions
5. Maneka Gandhi Vs
Union of India
Right to live is not merely confined to physical existence but includes
within its ambit the right to live with human dignity
Preamble
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.
* Italicized word added by 42nd
amendment
Various Political/Non Political Offices of India
President Name proposed by 50 electors & security deposit of Rs 15000. Disputes in
connection with the election of President are decided by Supreme Court. Oath by
Chief justice of India. MLAs & members of both house of the parliament vote in the
election. The president submits his resignation to the Vice President. Impeachment
can be initiated by either house of parliament (2/3 majority). Nominated members can
also participate but they do not participate in the election of president. MLAs do not
participate in impeachment. In case the office becomes vacant fresh elections within
6 months. The president enjoys suspensive veto powers & it applies only to the non
money bills. With regards to constitutional amendments president has no veto
powers. President can promulgate ordinances when the parliament is in recess only
on matters in the union & concurrent list. The ordinances must be approved by
parliament within 6 weeks. All money bills originate on the recommendation of the
President. Appoints finance commission. If there is no party with clear cut majority
the president can use his discretion. He cannot declare any emergency on his own.
Can summon both houses separately.
Vice President Name seconded by at least 25 members & security deposit of 15,000. More than 35
years of age. Elected by the members of Lok Sabha & Rajya Sabha at a joint meeting.
Oath before the president or some other person appointed by him. Can act as
president for a maximum 6 months period. Not a member of Rajya sabha only an ex-
officio chairman. Removed by simple majority of Rajya Sabha & approved by Lok
Sabha. Only Rajya Sabha can initiate removal process.
Prime Minister Gets the same salary & allowances as MPs but additional sumptuary allowance of
3000 per month. If the prime minister is taken from Rajya Sabha he cannot part in
voting when a vote of no confidence is under consideration. In the event of his death
the council of ministers stand automatically dissolved.
Deputy PM Position not known to the constitution although 7 persons have occupies this post.

Vallabhbhai Patel, Morarji Desai, Charan Singh, Jagjivan Ram, Y.B Chavan, Devi
Lal & L. K. Advani have served the office.
Council of
Ministers
Should be a member of either house or do so within 6 months. Vote of no confidence
against any minister leads to resignation of entire council. The cabinet, state & deputy
ministers get sumptuary allowance of 2000, 1000 & 600 respectively. Present the
budget before the parliament. Collectively responsible to parliament but individual
ministers responsible to President.
Lok Sabha Strength of Lok Sabha fixed at 543 plus 2 nominated members of Anglo-Indian
community in 1976. Minimum 25 years of age. The security deposit has been
increased from Rs 500 to Rs 10,000. In case of SC/ST it has been increased from Rs
250 to Rs 5000. 10 electors should propose. No candidate can contest elections from
more than 2 constituencies. Oath before president or some person appointed by him.
Can vacant seat by writing to speaker. Seat vacant if absents from meetings for 60
days without intimation. The speaker continues in the house even after the dissolution
of the Lok Sabha till a newly elected Lok Sabha meets. MPs are entitled to a monthly
salary of Rs 12000 & pension of 3000 which increases according to the number of
years served. The joint session is called if a bill passed is rejected by other house or
no action is taken. Speaker presides over joint sessions.
Rajya Sabha 238 elected & 12 nominated. Minimum 30 years of age. Elected by members of state
legislative assemblies on the basis of proportional representation through a single
transferable vote. It is not subjected to dissolution. In the event of dissolution of Lok
Sabha, any bill pendin in the Rajya Sabha but not passed by Lok Sabha does not
lapse.
Supreme Court
Judge
5 years as high court judge or 10 years as advocate. Hold office till the age of 65.
Address their resignation to president. The salaries of chief justice & other judges are
33000 & 30,000 respectively. Impeachment requires 2/3rd
majority in the two houses
of the parliament. Original Jurisdiction (Centre-state & fundamental rights),
Appellate jurisdiction (Only if high court certifies or the high court has awarded
death sentence after reversing judgement or after withdrawing case from lower court
& Advisory jurisdiction.
Governor Oath before chief justice of high court of that state. 35 years of age. Draws
36000.Adresses first session of state legislature after elections. Appoint one sixth
members of legislative council. Nominates one member of Anglo Indian community
to the legislative assembly. Makes laws through ordinances. Can grant pardon but not
in case of death sentence. Reserve a bill for president’s consideration. He is permitted
to act without the advice of the council of ministers unlike president. Ordinance
issued by him remains in force for a maximum 6 months. The constitution does not
contain any provision for his impeachment.
Advocate
General
Person who is qualified to be a judge of the high court. Remunerations as the
governor may determine.
Legislative
Assembly
60 to 500 members according to population but Sikkim has only 32 members. 25
years of age. Goa, Mizoram, Pondicherry have only 30 members.
Legislative
Council
Its members are elected by legislative assembly (1/3rd
) local bodies (1/3rd
), teachers
(1/12th
), university graduates (1/12th
) & nominated by governor (1/6th
). The

maximum membership can be 1/3rd
that of Legislative Assembly but in no case less
than 40 members. 30 years of age. The legislative council can delay an ordinary bill
for 3 months & a money bill for 14 days. There is no provision for joint sitting here.
High Court To become a judge – advocate for 10 years or held judicial office in Indian Territory
for a period of at least 10 years. 62 years of age. Chief justice gets 30,000 & other
judges 26000. The pension of the high court judges is charged to the Consolidated
fund of India.
Administrative
Tribunals
Incorporated by 42nd
amendment through addition of articles 323A & 323B. CAT is
located at Delhi. The retirement of chairman & VC at 65 & others at 62. The decision
of CAT can be challenged in a high court.
Inter State
Council
Created on the recommendations of the Sarkaria commission although constitution
provided for it. Appointed by president. Advises on disputes between various states.
Comprises of PM & CMs of all states & UTs. PM can nominate 6 ministers of
cabinet rank. Meets atleast 3 times a year.
Zonal Council Set up under state reorganization act 1956. 5 before & 6th
added in 1972 called NE
council. Consists of Union minister nominated by president, CM of each state in the
zone, two ministers from each state nominated by governor & one member per UT.
Union Home Minister heads the zonal council. The Chief Ministers of the member
states hold the post of Vice Chairman of the Council by rotation for 1 year.
UPSC Chairman & 8 members. Members appointed for a 6 year term or till they attain 65
years of age. President can issue orders for the removal of the members of the UPSC
only after supreme court makes such recommendation on the basis of an enquiry.
Members not eligible for employment by the government after retirement. The state
can restrict the fundamental rights of civil servants.
Comptroller &
Auditor
General
6 years or till the age of 65 years. The president can remove CAG only after
recommendation of the two houses of parliament. Salary of 30,000. He only conducts
audit. Submits report to President who in turn places it before parliament.
Attorney
General
Qualification same as judge of supreme court. Appears before supreme court &
various high courts involving the Government of India.
Election
Commission
Two commissioners with equivalent power. Period of 6 years. Job also includes
delimitation of constituency to ensure same number of people in each. The election
commission of India appoints the ‘Returning officers’ for the state assembly elections
to help conduct fair elections. Election of local bodies comes under state election
commission. The state election commission is a single member commission
comprising SEC.
Finance
Commission
(Art. 280)
Qualified to be appointed as judges of the high court or special knowledge of finance
& accounts of government. Comprises chairman & four other members. Functions:-
recommend distribution of taxes between centre & states, grant-in-aid to states,
advice president on any matter.
Planning
Commission
Non-statutory body which formulates 5 year plans. The Commission works through
its various divisions, of which there are three kind: General Planning Divisions,
Special Planning Divisions, Programme Administration Divisions
NDC Extra constitutional & extra legal body. Its recommendations are binding in nature as
per convention

Minorities
commission
Seven members. The states of M.P, Orissa & Bihar are obliged to appoint a separate
minister the welfare of SC/ST/OBC.
Panchayat Panchayat is responsible to gram sabha, the general body of villagers comprising all
adults. Members usually range from 5 to 31. Members have same requirements as
MLAs except lower age of 21. Can legislate on 29 subjects which are listed in XI
schedule
Panchayat
Samiti
Genearlly comprises of the sarpanches of village panchayats under the block. Its
chairman called ‘Pradhan’ is elected from among its members. Responsible to gram
panchayat as well as gram sabhas. Gets a share of cess of land revenue from the gram
panchayat & Zilla Parishad
Zila Parishad Consists of representatives of panchayat samiti, local members of state legislature,
members of parliament, members representing SC/ST/Women/cooperative bodies.
Zilla parishad elects its chairman called ‘Pradhan’ form amongst its members.
Depends entirely on state government for grants.
Constitution of India (Upto Part IV)
Part I The Union and its Territory
Article 1 Name and territory of the Union
Article 2 Admission or establishment of new States
Article 2a [Repealed] Sikkim to be associated with the Union
Article 3 Formation of new States and alteration of areas, boundaries or names of existing States
Article 4 Laws made under articles 2 and 3 to provide for the amendment of the First and the
Fourth Schedule and supplemental, incidental and consequential matters
Part II Citizenship
Article 5 Citizenship at the commencement of the Constitution
Article 6 Rights of citizenship of certain persons who have migrated to India from Pakistan
Article 7 Rights of citizenship of certain migrants to Pakistan

Article 8 Rights of citizenship of certain persons of Indian origin residing outside India
Article 9 Persons voluntarily acquiring citizenship of a foreign State not to be citizens
Article 10 Continuance of the rights of citizenship
Article 11 Parliament to regulate the right of citizenship by law
Part III Fundamental Rights
Article 12 Definition
Article 13 Laws inconsistent with or in derogation of the fundamental rights
Article 14 Equality before law meaning ‘equality of treatment within a class’
Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth
(1) The State shall not discriminate against any citizen on grounds only of religion, race,
caste, sex, place of birth or any of them.
(2) No citizen shall, on ground only of religion, race, caste, sex, place of birth or any of
them, be subject to any disability, liability, restriction or condition with regard to -
(a) access to shops, public restaurants, hotels and places of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained
whole or partly out of State funds or dedicated to the use of general public.
(3) Nothing in this article shall prevent the State from making any special provision for
women and children.
(4) Nothing in this article or in clause (2) or 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.
Article 16 Equality of opportunity in matters of public employment
1) There shall be equality of opportunity for all citizens in matters relating to
employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth,
residence or any of them, be ineligible for, or discriminated against in respect of, any
employment or office under the State.
(3) Nothing in this article shall prevent Parliament from making any law prescribing, in
regard to a class or classes of employment or appointment to an office under the
Government of, or any local or other authority within, a State or Union territory, any
requirement as to residence within that State or Union territory prior to such
employment or appointment.
(4) Nothing in this article shall prevent the State from making any provision for the
reservation of appointments or posts in favour of any backward class of citizens which,
in the opinion of the State, is not adequately represented in the services under the State.
(4A) Nothing in this article shall prevent the State from making any provision for
reservation in matters of promotion to any class or classes of posts in the services under
the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the
opinion of the State, are not adequately represented in the services under the State.
(5) Nothing in this article shall affect the operation of any law which provides that the
incumbent of an office in connection with the affairs of any religious or denominational
institution or any member of the governing body thereof shall be a person professing a
particular religion or belonging to a particular denomination.

Article 17 Abolition of Untouchability
Article 18 Abolition of titles
Article 19 Protection of certain rights regarding freedom of speech, etc.
a. Freedom of Speech & Expression
b. Assemble Peacefully & without arms
c. To form Associations & Unions.
d. To move freely throughout the territory of India
e. To reside & settle in any part of the territory in India
f. To practice any profession or to carry out an trade, occupation & business.
Article 20 Protection in respect of conviction for offenses
Article 21 Protection of life and personal liberty
Article 21A Right to education.
Article 22 Protection against arrest and detention in certain cases
Article 23 Prohibition of traffic in human beings and forced labour
Article 24 Prohibition of employment of children in factories, etc.
Article 25 Freedom of conscience and free profession, practice and propagation of religion
Article 26 Freedom to manage religious affairs
Article 27 Freedom as to payment of taxes for promotion of any particular religion
Article 28 Freedom as to attendance at religious instruction or religious worship in certain
educational institutions
Article 29 Protection of interests of minorities
Article 30 Right of minorities to establish and administer educational institutions
Article 31 [Repealed] Compulsory acquisition of property
Article 31A Saving of laws providing for acquisition of estates, etc.
Article 31B Validation of certain Acts and Regulations
Article 31C Saving of laws giving effect to certain directive principles
Article 31D [Repealed] Saving of laws in respect of anti-national activities
Article 32 Remedies for enforcement of rights conferred by this Part
Article 32A [Repealed]
Article 33 Power of Parliament to modify the rights conferred by this Part in their application to
Forces, etc.
Article 34 Restriction on rights conferred by this Part while marital law is in force in any area
Article 35 Legislation to give effect to the provisions of this Part
Part IV Directive Principles of State Policy
Article 37 Application of the principles contained in this Part
Article 38 State to secure a social order for the promotion of welfare of the people
Article 39 Certain principles of policy to be followed by the State
Article 39A A Equal justice and free legal aid
Article 40 Organisation of village panchayats
Article 41 Right to work, to education and to public assistance in certain cases
Article 42 Provision for just and humane conditions of work and maternity relief
Article 43 Living wage, etc., for workers

Article 43A Participation of workers in management of industries
Article 44 Uniform civil code for the citizen
Article 45 Provision for free and compulsory education for children
Article 46 Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes
and other weaker sections
Article 47 Duty of the State to raise the level of nutrition and the standard of living and to improve
public health
Article 48 Organisation of agriculture and animal husbandry
Article 48A Protection and improvement of environment and safeguarding of forests and wild life
Article 49 Protection of monuments and places and objects of national importance
Article 50 Separation of judiciary from executive
Article 51 Promotion of international peace and security
Article 51A Fundamental Duties
Art 39 (b) &
(c) of
Directive
Principles
have
primacy over
Fundamental
Rights.
Article 39 Certain principles of policy to be followed by the State
The State shall, in particular, direct its policy towards securing -
(a) that the citizen, men and women equally, have the right to an adequate means of
livelihood;
(b) that the ownership and control of the material resources of the community are so
distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the concentration of
wealth and means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women,
and the tender age of children are not abused and that citizens are not forced by economic
necessity to enter avocations unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy manner and
in conditions of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment.
Scope of
Article 331
Representation of the Anglo-Indian community in the House of the People
Notwithstanding anything in article 81, the President may, if he is of opinion that the
Anglo-Indian community is not adequately represented in the House of the People,
nominate not more than two members of that community to the House of the People.

Parliamentary Committees
1. Business Advisory Committee 15 members. Speaker is chairman
2. Committee on Private
Members Bills & Resolutions
15 members. Deputy Chairman is chairman. Classifies bills
according to importance.
3. Select Committees Constituted for considering different bills.
4. Committee on Petitions 15 members.
5. Rules Committee 15 members. Speaker is head. Rules of House
6. Committee on Privileges 15 members. Violation of Privileges of M.P
7. Committee on Subordinate
Legislations
8. Committee on Welfare of
Scheduled Castes & Scheduled
Tribes
30 Members. 20 M.Ps & 10 R.S.
9. Committee on Government
Assurances
15 members. How far assurances given by the ministers have been
implemented
10. Committee on Absence of
Members
Examines leave applications of members
11. Estimates Committee 30 members all of which are from Lok Sabha. Examines Annual
Estimates & suggests alternative policies. A Minister is not
eligible for election to this Committee. The term of the Committee
is one year. The main function of the Committee on Estimates is to
report what economies, improvements in organisation, efficiency,
or administrative reform, consistent with the policy underlying the
estimates may be effected and to suggest alternative policies in
order to bring about efficiency and economy in administration.
From time to time the Committee selects such of the estimates
pertaining to a Ministry or a group of Ministries or the statutory
and other Government bodies as may seem fit to the Committee.
The Committee also examines matters of special interest which
may arise or come to light in the course of its work or which are
specifically referred to it by the House or the Speaker.
12. Public Accounts Committee 22 members. 15 M.Ps & 7 R.S. Assisted by Comptroller &
Auditor general. It acts as a watch dog of expenditure. This
committee is headed by the member of the opposition by
convention. A Minister is not eligible for election to this
Committee. The term of the Committee is one year.
The main duty of the Committee is to ascertain whether the money
granted by Parliament has been spent by Government "within the
scope of the Demand". The Appropriation Accounts of the
Government of India and the Audit Reports presented by the
Comptroller and Auditor General mainly form the basis for the
examination of the Committee. Cases involving losses, nugatory
expenditure and financial irregularities come in for severe

criticism by the Committee. The Committee is not concerned with
questions of policy. It is concerned only with the execution of the
policy laid down by Parliament and its results.
13. Committee on Public
Undertakings
22 members. 10 M.Ps from Lok Sabha & 7 R.S. Examines
working of public undertakings. A Minister is not eligible for
election to this Committee. The term of the Committee is one year.
The functions of the Committee on Public Undertakings are—(a)
to examine the reports and accounts of Public Undertakings; (b) to
examine the reports, if any, of the Comptroller and Auditor
General on the Public Undertakings; (c) to examine in the context
of the autonomy and efficiency of the Public Undertakings
whether the affairs of the Public Undertakings are being managed
in accordance with sound business principles and prudent
commercial practices; and (d) such other functions vested in the
Committee on Public Accounts and the Committee on Estimates in
relation to the Public Undertakings as are not covered by clauses
(a), (b) and (c) above and as may be allotted to the Committee by
the Speaker from time to time. The Committee does not, however,
examine matters of major Government policy and matters of day-
to-day administration of the Undertakings.
14. Ethics Committee In 1997, the Ethics Committee of the Rajya Sabha was constituted.
The Ethics Committee of the Lok Sabha was constituted on 16
May 2000. The ethics committee of the Lok Sabha comprises 15
members.
· The formation of the Ethics Committee in Rajya Sabha, as
one of the instruments to ensure value based politics may,
therefore, be seen a step in that direction.
· Moral and ethical conduct of the Members
· The Committee does not favour the idea of subjecting the
Members to the disciplinary authority of an agency outside
the jurisdiction of the House.
· It is the considered view of the Committee that it should
be made compulsory for the Members to declare their assets
and liabilities and those of their immediate family which
includes spouse, dependent daughters and dependent sons
before the Committee
15. Joint Committee on Salaries &
Allowances
15 members. 10 nominated by speaker & 5 by the chairman of
Rajya Sabha.
16. Joint Committee on Offices of 15 members. 10 L.S & 5 R.S.

Profit
17. Parliamentary Subject
Committees
17 parliamentary committees were constituted. 11 by Speaker &
6 by chairman of Rajya Sabha
Lists
Union List (99) Defence, Foreign affaris, currency, banking, communication, inter-state
trade, commerce, atomic energy, railways, highways, aerodromes.
[Originally 97 items – one deleted, 3 added]
State List (61) Health, sanitation, public order, agriculture, prisons, local government,
liquor, transportation, relief of disabled, sales tax & octroi, taxes on
entertainment & wealth. [Originally 66 items out of which 5 transferred to
concurrent list].
Concurrent list (52) Criminal law, electricity, factories, forests, education, marriage & divorce,
drugs, newspapers, books & printing press, social insurance, trade unions,
preventive detention, stamp duties. [Originally 47 but 5 items transferred to
this list from state list]
Commissions/committees & their Purpose
1. S.K Dhar committee Reorganization of states on linguistic basis
2. JVP committee Jawahar, Vallabh, Pattabhi Sitaramayya (same as above)
3. Shah Commission Punjab Reorganization Act
4. Tarkunde Committee Electoral Reforms. Voting age to be reduced to 18 years (61st
amendment). Voter councils to be formed.
5. Dinesh Goswami
Committe
Electoral Reforms. To save the security candidates should secure
at least 1/4th
of valid votes.
6. Balwant Rai Mehta Recommendations approved by NDC. Rajasthan first adopted 3
tier structure, followed by Andhra Pradesh & Bihar.
7. Ashok Mehta Committee Working of panchayati raj institutions.
8. L.M Singhvi Committee Panchayati Raj Reforms.
9. Rajamannar Commission Recommended abolition of IAS & the IPS
Select Political Doctrines & Principles
The Doctrine Of
Colourability,
Idea that when the legislature wants to do something that it cannot do
within the constraints of the constitution, it colours the law with a
substitute purpose which will still allow it to accomplish its original goal.
Pith And Substance Interpretation used to determine under which head of power a given piece
of legislation falls. The doctrine is primarily used when a law is

challenged on the basis that one level of government (be it provincial or
federal) has encroached upon the exclusive jurisdiction of another level of
government.
Doctrine of Severability Associated with declaration of law as unconstitutional & void by the
courts.
Principle of Harmonious
Construction
Concerned with the relationship between the fundamental rights & the
directive principles.
Topics to be covered from here
State Election
Commission
The 73rd
& 74th
Amendment act provide for an EC for each state for holding elections to
the panchayats & municipalities. A SEC consists of a single member called State
Election Commissioner who is appointed by the governor. He is removed in manner, a
judge of HC is removed.

Annexure - I
Other Articles of the Constitution
Part V The Union
Chapter I The Executive – The President & the Vice President
Article 52 The President of India
Article 53 Executive power of the Union
Article 54 Election of President
Article 55 Manner of election of President
Article 56 Term of office of President
Article 57 Eligibility for re-election
Article 58 Qualifications for election as President
Article 59 Conditions of President's office
Article 60 Oath or affirmation by the President
Article 61 Procedure for impeachment of the President
Article 62 Time of holding election to fill vacancy in the office of resident and the term of office
or person elected to fill casual vacancy
Article 63 The Vice-President Of India
Article 64 The Vice-President to be ex-officio Chairman of the Council of States
Article 65 The Vice-President to act as President or to discharge his functions during casual
vacancies in the office, or during the absence, of President
Article 66 Election of Vice-President
Article 67 Term of office of Vice-President
Article 68 Time of holding election to fill vacancy in the office of Vice-President and the term

of office of person elected to fill casual vacancy
Article 69 Oath or affirmation by the Vice-President
Article 70 Discharge of President's functions in other contingencies
Article 71 Matters relating to, or connected with, the election of a President or Vice-President
Article 72 Power of President to grant pardons, etc., and to suspend, remit or commute sentences
in certain cases
Article 73 Extent of executive power of the Union
Council of Ministers
Article 74 Council of Ministers to aid and advise President
Article 75 Other provisions as to Ministers
Attorney General of India
Article 76 Attorney-General for India
Conduct of Government Business
Article 77 Conduct of business of the Government of India
Article 78 Duties of Prime Minister as respects the furnishing of information to the President,
etc.
Chapter II Parliament
Article 79 Constitution of Parliament
Article 80 Composition of the Council of States -
Article 81 Composition of the House of the People
Article 82 Readjustment after each census
Article 83 Duration of Houses of Parliament
Article 84 Qualification for membership of Parliament
Article 85 Sessions of Parliament, prorogation and dissolution
Article 86 Right of President to address and send messages to Houses
Article 87 Special address by the President
Article 88 Rights of Ministers and Attorney-General as respects Houses
Officers of the Paliament
Article 89 The Chairman and Deputy Chairman of the Council of States
Article 90 Vacation and resignation of, and removal from, the office of Deputy Chairman
Article 91 Power of the Deputy Chairman or other person to perform the duties of the office of,
or to act as, Chairman
Article 92 The Chairman or the Deputy Chairman not to preside while a resolution for his
removal from office is under consideration
Article 93 The Speaker and Deputy Speaker of the House of the People
Article 94 Vacation and resignation of, and removal from, the offices of Speaker and Deputy
Speaker
Article 95 Power of the Deputy Speaker or other person to perform the duties of the office of, or
to act as Speaker
Article 96 The Speaker or the Deputy Speaker not to preside while a resolution for his removal
from office is under consideration
Article 97 Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and
Deputy Speaker

Article 98 Secretariat of Parliament
Conduct of Business
Article 99 Oath or affirmation by members
Article 100 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
Disqualification of Members
Article 101 Vacation of seats
Article 102 Disqualifications for membership
Article 103 Decision on questions as to disqualifications of members
Article 104 Penalty for sitting and voting before making oath or affirmation under article 99 or
when not qualified or when disqualified
Powers, Privileges & Immunities of Parliament & its Members
Article 105 Powers, Privileges, etc., of the Houses of Parliament and of the members and
committees thereof
Article 106 Salaries and allowances of members
Legislative Procedure
Article 107 Provisions as to introduction and passing of Bills
Article 108 Joint sitting of both Houses in certain cases
Article 109 Special procedure in respect of Money Bills
Article 110 Definition of "Money Bills"
Article 111 Assent to Bills
Procedure in Financial Matters
Article 112 Annual financial statement
Article 113 Procedure in Parliament with respect to estimates (1) So much of the estimates as
relates to expenditure charged upon the Consolidated Fund of India shall not be
submitted to the vote of Parliament, but nothing in this clause shall be construed as
preventing the discussion in either House of Parliament of any of those estimates.
Article 114 Appropriation Bills
Article 115 Supplementary, additional or excess grants
Article 116 Votes on account, votes of credit and exceptional grants
Article 117 Special provisions as to financial Bills
Article 118 Rules of procedure
Procedure Generally
Article 119 Regulation by law of procedure in Parliament in relation to financial business
Article 120 Language to be used in Parliament
Article 121 Restriction on discussion in Parliament
Article 122 Courts not inquire into proceedings of Parliament
Chapter III Legislative Powers of the President
Article 123 Power of President to promulgate Ordinances during recess of Parliament
Chapter IV The Union Judiciary
Article 124 Establishment and Constitution of Supreme Court
Article 125 Salaries, etc., of Judges
Article 126 Appointment of acting Chief Justice
Article 127 Appointment of ad hoc Judges

Article 128 Attendance of retired Judges at sittings of the Supreme Court
Article 129 Supreme Court to be a court of record
Article 130 Seat of Supreme Court
Article 131 Original jurisdiction of the Supreme Court
Article 131A [Repealed] Executive jurisdiction of the Supreme Court in regard to questions as to
constitutional validity of Central laws
Article 132 Appellate jurisdiction of Supreme Court in appeals from High Court in certain cases
Article 133 Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to
civil matters
Article 134 Appellate jurisdiction of Supreme Court in regard to criminal matters
Article 134A Certificate for appeal to the Supreme Court
Article 135 Jurisdiction and powers of the Federal Court under existing law to be exercisable by
the Supreme Court
Article 136 Special leave to appeal by the Supreme Court
Article 137 Review of judgements or orders by the Supreme Court
Article 138 Enlargement of the jurisdiction of the Supreme Court
Article 139 Conferment on the Supreme Court of powers to issue certain writs
Article 139A Transfer of certain cases
Article 140 Ancillary powers of Supreme Court
Article 141 Law declared by Supreme Court to be binding on all courts
Article 142 Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
Article 143 Power of President to consult Supreme Court
Article 144 Civil and judicial authorities to act in aid of the Supreme Court
Article 144A [Repealed]
Article 145 Rules of Court, etc.
Article 146A Officers and servants and the expenses of the Supreme Court
Article 147 Interpretation
Chapter V Comptroller and Auditor-General of India
Article 148 Comptroller and Auditor-General of India
Article 149 Duties and powers of the Comptroller and Auditor-General
Article 150 Form of accounts of the Union and of the States
Article 151 Audit reports
Part VI The States
Chapter I General
Chapter II The Executive – The Governor
Article 153 Governors of States
Article 154 Executive power of State
Article 155 Appointment of Governor
Article 156 Term of office of Governor
Article 157 Qualifications for appointment as Governor
Article 158 Conditions of Governor's office
Article 159 Oath or affirmation by the Governor

Article 160 Discharge of the functions of the Governor in certain contingencies
Article 161 Power of Governor to grant pardons, etc., and to suspend, remit or commute
sentences in certain cases
Article 162 Extent of executive power of State
Council of Ministers
Article 163 Council of Ministers to aid and advise Governor
Article 164 Other provisions as to Ministers
Advocate General of the State
Article 165 Advocate-General for the State
Conduct of Government Business
Article 166 Conduct of business of the Government of a State
Article 167 Duties of Chief Minister as respects the furnishing of information to Governor, etc.
Chapter III The State Legislature
Article 168 Constitution of Legislatures in States
Article 169 Abolition or creation of Legislative Councils in States
Article 170 Composition of the Legislative Assemblies
Article 171 Composition of the Legislative Council
Article 172 Duration of States Legislatures
Article 173 Qualification for membership of the State Legislature
Article 174 Sessions of the State Legislature, prorogation and dissolution
Article 175 Right of Governor to address and send messages to the House or Houses
Article 176 Special address by the Governor
Article 177 Rights of Ministers and Advocate
Officers of the State Legislature
Article 178 The Speaker and Deputy Speaker of the Legislative Assembly
Article 179 Vacation and resignation of, and removal from, the offices of Speaker and Deputy
Speaker
Article 180 Power of the Deputy Speaker or other person to perform the duties of the office of, or
to act as, Speaker
Article 181 The Speaker or the Deputy Speaker not to preside while a resolution for his removal
from office is under consideration
Article 182 The Chairman and Deputy Chairman of the Legislative Council
Article 183 Vacation and resignation, of and removal from, the offices of Chairman and Deputy
Chairman
Article 184 Power of the Deputy Chairman or other person to perform the duties of the office of,
or to act as, Chairman
Article 185 The Chairman or the Deputy Chairman not to preside while a resolution for his
removal from office is under consideration
Article 186 Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and
Deputy Chairman
Article 187 Secretariat of State Legislature
Article 188 Oath or affirmation by members
Conduct of Business

Article 189 Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
Article 190 Vacation of seats
Disqualification of Members
Article 191 Disqualification for membership
Article 192 Decision on question as to disqualifications of members
Article 193 Penalty for sitting and voting before making oath or affirmation under article 188 or
when not qualified or when disqualified
Power, Privileges & Immunities of State Legislatures & their Members
Article 194 Powers, privileges, etc., of the Houses of Legislatures and of the members and
committees thereof
Article 195 Salaries and allowances of members
Legislative Procedure
Article 196 Provisions as to introduction and passing of Bills
Article 197 Restriction on powers of Legislative Council as to Bills other than Money Bills
Article 198 Special procedure in respect of Money Bills
Article 199 Definition of "Money Bills"
Article 200 Assent to Bills
Article 201 Bills reserved for consideration
Procedure in Financial Matters
Article 202 Annual financial statement
Article 203 Procedure in Legislature with respect to estimates
Article 204 Appropriation Bills
Article 205 Supplementary, additional or excess grants
Article 206 Votes on account, votes of credit and exceptional grants
Article 207 Special provisions as to financial Bills
Procedure Generally
Article 208 Rules of procedure
Article 209 Regulation by law of procedure in the Legislature of the State in relation to financial
business
Article 210 Language to be used in the Legislature
Article 211 Restriction on discussion in the Legislature
Article 212 Courts not to inquire into proceedings of the Legislature
Chapter IV Legislative Power of the Governor
Article 213 Power of Governor to promulgate Ordinances during recess of Legislature
Chapter V The High Courts in the States
Article 214 High Courts for States
Article 215 High Courts to be courts of record
Article 216 Constitution of High Courts
Article 217 Appointment and conditions of the office of a Judge of a High Court
Article 218 Application of certain provisions relating to Supreme Court to High Courts
Article 219 Oath or affirmation by Judges of High Courts
Article 220 Restriction on practice after being a permanent Judge
Article 221 Salaries, etc., of Judges

Article 222 Transfer of a Judge from one High Court to another
Article 223 Appointment of acting Chief Justice
Article 224 Appointment of additional and acting Judges
Article 224A Appointment of retired Judges at sittings of High Courts
Article 225 Jurisdiction of existing High Courts
Article 226 Power of High Courts to issue certain writs
Article 226A [Repealed] Constitutional validity of Central laws not to be considered in
proceedings under article 226
Article 227 Power of superintendence over all courts by the High Court
Article 228 Transfer of certain cases to High Court
Article 228A [Repealed] Special provisions as to disposal of questions relating to constitutional
validity of State laws
Article 229 Officers and servants and the expenses of High Courts
Article 230 Extension of jurisdiction of High Courts to Union territories
Article 231 Establishment of a common High Court for two or more States
Chapter VI Subordinate Courts
Article 233 Appointment of district judges
Article 233A Validation of appointments of, and judgments, etc. delivered by, certain district
judges
Article 234 Recruitment of persons other than district judges to the judicial service
Article 235 Control over subordinate courts
Article 237 Application of the provisions of this Chapter to certain class or classes of magistrates
Part VII [Repealed] The States in Part B of the First Schedule
Part VIII The Union Territories
Article 239 Administration of Union territories
Article 239A Creation of local Legislatures or Council of Ministers or both for certain Union
territories
Article 239AA Special provisions with respect to Delhi
Article 239AB Provision in case of failure of constitutional monarchy
Article 239B Power of administrator to promulgate Ordinances during recess of Legislature
Article 240 Power of President to make regulations for certain Union territories
Article 241 High Courts for Union territories
Article 242 [Repealed]
Part IX The Panchayats
Article 243 Definitions
Article 243A Gram Sabha
Article 243B Constitution of Panchayats
Article 243C Composition of Panchayats
Article 243D Reservation of seats
Article 243E Duration of Panchayats, etc.
Article 243F Disqualifications for membership
Article 243G Powers, authority and responsibilities of Panchayats

Article 243H Powers to impose taxes by, and Funds of, the Panchayats
Article 243I Constitution of Finance Commission to review financial position
Article 243J Audit of accounts of Panchayats
Article 243K Elections to the Panchayats
Article 243L Application to Union territories
Article 243M Part not to apply to certain areas
Article 243N Continuance of existing laws and Panchayats
Article 243O Bar to interference by courts in electoral matters
Part IXA The Municipalities
Article 243P Definitions
Article 243Q Constitution of Municipalities
Article 243R Composition of Municipalities
Article 243S Constitution and composition of Wards Committees, etc.
Article 243T Reservation of seats
Article 243U Duration of Municipalities, etc.
Article 243V Disqualifications for membership
Article 243W Powers, authority and responsibilities of Municipalities etc.
Article 243X Power to impose taxes by, and Funds of, the Municipalities
Article 243Y Finance Commission
Article 243Z Audit of accounts of Municipalities
Article 243ZA Elections to the Municipalities
Article 243ZB Application to Union territories
Article 243ZC Part not to apply to certain areas
Article 243ZD Committee for district planning
Article 243ZE Committee for Metropolitan planning
Article 243ZF Continuance of existing laws and Municipalities
Article 243ZG Bar to interference by Courts in electoral matters
Part X The Scheduled and Tribal Areas
Article 244 Administration of Scheduled Areas and Tribal Areas
Article 244A Formation of an autonomous State comprising certain tribal areas in Assam and
creation of local Legislature or Council of Ministers or both therefor
Part XI Relations Between the Union and the States
Chapter I Legislative Relations
Article 245 Extent of laws made by Parliament and by the Legislatures of States
Article 246 Subject-matter of laws made by Parliament and by the Legislatures of States
Article 247 Power of Parliament to provide for the establishment of certain additional courts
Article 248 Residuary powers of legislation
Article 249 Power of Parliament to legislate with respect to a matter in the State List in the
National interest
Article 250 Power of Parliament to legislate with respect to any matter in the State List if a
Proclamation of Emergency is in operation
Article 251 Inconsistency between laws made by Parliament under articles 249 and 250 and laws
made by the legislatures of States

Article 252 Power of Parliament to legislate for two or more States by consent and adoption of
such legislation by any other State
Article 253 Legislation for giving effect to international agreements
Article 254 Inconsistency between laws made by Parliament and laws made by the Legislatures
of States
Article 255 Requirements as to recommendations and previous sanctions to be regarded as
matters of procedure only
Chapter II Administrative Relations
Article 256 Obligation of States and the Union
Article 257 Control of the Union over States in certain cases
Article 257A Assistance to States by deployment of armed forces or other forces of the Union
Article 258 Power of the Union to confer powers, etc., on States in certain cases
Article 258A Power of the States to entrust functions to the Union
Article 259 [Repealed] Armed Forces in States in Part B of the First Schedule
Article 260 Jurisdiction of the Union in relation to territories outside India
Article 261 Public acts, records and judicial proceedings
Disputes relating to Waters
Article 262 Adjudication of disputes relating to waters of inter-State rivers or river valleys
Co-ordination between States
Article 263 Provisions with respect to an inter-State Council
Part XII Finance, Property, Contracts and Suits
Chapter I Finance
Article 265 Taxes not to be imposed save by authority of law
Article 266 Consolidated Funds and public accounts of India and of the States
Article 267 Contingency Fund
Article 268 Duties levied by the Union but collected and appropriated by the States
Article 269 Taxes levied and collected by the Union but assigned to the States
Article 270 Taxes levied and collected by the Union and distributed between the Union and the
States
Article 271 Surcharge on certain duties and taxes for purposes of the Union
Article 272 [Omitted]
Article 273 Grants in lieu of export duty on jute and jute products
Article 274 Prior recommendation of President require to Bills affecting taxation in which States
are interested
Article 275 Grants from the Union to certain States
Article 276 Taxes on professions, trades, callings and employments
Article 277 Savings
Article 278 [Repealed] Agreement with States in Part B of the First Schedule with regard to
certain financial matters
Article 279 Calculation of "net proceeds", etc.
Article 280 Finance Commission
Article 281 Recommendations of the Finance Commission

Miscellaneous Financial Provisions
Article 282 Expenditure defrayable by the Union or a State out of its revenues
Article 283 Custody, etc., of Consolidated Funds, Contingency Funds and moneys credited to the
public accounts
Article 284 Custody of suitors' deposits and other moneys received by public servants and courts
Article 285 Exemption of property of the Union from State taxation
Article 286 Restriction as to imposition of tax on the sale or purchase of goods
Article 287 Exemption from taxes on electricity
Article 288 Exemption from taxation by States in respect of water or electricity in certain cases
Article 289 Exemption of property and income of a State from Union taxation
Article 290 Adjustment in respect of certain expenses and pensions
Article 290A Annual payment to certain Devaswom Funds
Chapter II Borrowing
Article 292 Borrowing by the Government of India
Article 293 Borrowing by States
Chapter III Property, Contacts, Rights, Liabilities, Obligations and Suits
Article 294 Succession to property, assets, rights, liabilities and obligations in certain cases
Article 295 Succession to property, assets, rights, liabilities and obligations in other cases
Article 296 Property accruing by escheat or lapse or as Bona vacantia
Article 297 Things of value within territorial waters or continental shelf and resources of the
exclusive economic zone to vest in the Union
Article 298 Power to carry on trade, etc.
Article 299 Contracts
Article 300 Suits and proceedings
Chapter IV Right to Property
Article 300A Persons not to be deprived of property save by authority of law
Part XIII Trade, Commerce and Intercourse Within the Territory of India
Article 301 Freedom of trade, commerce and intercourse
Article 302 Power of Parliament to impose restrictions on trade, commerce and intercourse
Article 303 Restrictions on the legislative powers of the Union and of the States with regard to
trade and commerce
Article 304 Restriction on trade, commerce and intercourse among States
Article 305 Saving of existing laws and laws providing for State monopolies
Article 307 Appointment of authority for carrying out the purposes of articles 301 to 304
Part XIV Services Under the Union and the States
Chapter I Services
Article 309 Recruitment and conditions of service of persons serving the Union or a State
Article 310 Tenure of office of persons serving the Union or a State
Article 311 Dismissal, removal or reduction in rank of persons employed in civil capacities under
the Union or a State

Article 312 All-India services
Article 312A Power of Parliament to vary or revoke conditions of service of officers of certain
services
Article 313 Transitional provisions
Chapter II Public Service Commissions
Article 315 Public Service Commissions for the Union and for the States
Article 316 Appointment and term of office of members
Article 317 Removal and suspension of a member of a Public Service Commission
Article 318 Power to make regulations as to conditions of service of members and staff of the
Commission
Article 319 Prohibition as to the holding of offices by members of Commission on ceasing to be
such members
Article 320 Functions of Public Service Commissions
Article 321 Power to extend functions of Public Service Commissions
Article 322 Expenses of Public Service Commissions
Article 323 Reports of Public Service Commissions
Part XIVA Tribunals
Article 323A Administrative tribunals
Article 323B Tribunals for other matters
Part XV Elections
Article 324 Superintendence, direction and control of elections to be vested in an election
commission
Article 325 No person to be ineligible for inclusion in, or to claim to be included in a special,
electoral roll on grounds of religion, race, caste or sex
Article 326 Elections to the House of the People and to the Legislative Assemblies of States to be
on the basis of adult suffrage
Article 327 Power of Parliament to make provision with respect to elections to Legislatures
Article 328 Power of Legislature of a State to make provision with respect to elections to such
Legislature
Article 329 Bar to interference by courts in electoral matters
Article 329A [Repealed
Part XVI Special Provisions Relating to Certain Classes
Article 330 Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the
People
Article 331 Representation of the Anglo-Indian community in the House of the People
Notwithstanding anything in article 81, the President may, if he is of opinion that the
Anglo-Indian community is not adequately represented in the House of the People,
nominate not more than two members of that community to the House of the People.
Article 332 Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative
Assemblies of the States
Article 333 Representation of the Anglo-Indian community in the Legislative Assemblies of the
States
Article 334 Reservation of seats and special representation to cease after fifty years

Article 335 Claims of Scheduled Castes and Scheduled Tribes to services and posts
Article 336 Special provision for Anglo-Indian community in certain services
Article 337 Special provision with respect to educational grants for the benefit of Anglo-Indian
community
Article 338 National Commission for Scheduled Castes,
Article 338A National Commission for Scheduled Tribes
Article 339 Control of the Union over the administration of Scheduled Areas and the welfare of
Scheduled Tribes
Article 340 Appointment of a Commission to investigate the conditions of backward classes
Article 341 Scheduled Castes
Article 342 Scheduled Tribes
Part XVII Official Language
Chapter I Language of the Union
Article 343 Official language of the Union
Article 344 Commission and Committee of Parliament on official language
Chapter II Regional Languages
Article 345 Official language or languages of a State
Article 346 Official language for communication between one State and another or between a
State and the Union
Article 347 Special provision relating to language spoken by a section of the population of a
State
Chapter III Language of the Supreme Court, High Courts, etc.
Article 348 Language to be used in the Supreme Court and in the High Courts and for Acts,
Bills, etc.
Article 349 Special procedure for enactment of certain laws relating to language
Chapter IV Special Directives
Article 350 Language to be used in representations for redress of grievances
Article 350A Facilities for instruction in mother-tongue at primary stage
Article 350B Special Officer for linguistic minorities
Article 351 Directive for development of the Hindi language
Part XVIII Emergency Provisions
Article 352 Proclamation of National Emergency
Article 353 Effect of Proclamation of Emergency
Article 354 Application of provisions relating to distribution of revenues while a Proclamation of
Emergency is in operation
Article 355 Duty of the Union to protect States against external aggression and internal
disturbance
Article 356 Provisions in case of failure of constitutional machinery in States
Article 357 Exercise of legislative powers under Proclamation issued under article 356
Article 358 Suspension of provisions of article 19 during emergencies
Article 359 Suspension of the enforcement of the rights conferred by Part III during emergencies
Article 359A [Repealed] Application of this Part to the State of Punjab
Article 360 Provisions as to financial emergency

Part XIX Micsellaneous
Article 361 Protection of President and Governors and Rajpramukhs
Article 361A Protection of publication of proceedings of Parliament and State Legislatures
Article 362 [Repealed] Rights and privileges of Rulers of Indian States
Article 363 Bar to interference by courts in disputes arising out of certain treaties, agreements,
etc.
Article 363A Recognition granted to Rulers of Indian States to cease and Privy purses to be
abolished
Article 364 Special provisions as to major ports and aerodromes
Article 365 Effect of failure to comply with, or to give effect to, directions given by the Union
Article 366 Definitions
Part XX Amendment of the Constitution
Article 368 Power of Parliament to amend the Constitution and procedure therefor
Part XXI Temporary, Transitional and Special Provisions
Article 369 Temporary power to Parliament to make laws with respect to certain matters in the
State List as if they were matters in the Concurrent List
Article 370 Temporary provisions with respect to the State of Jammu and Kashmir
Article 371 Special provision with respect to the States of Maharashtra and Gujarat
Article 371A Special provision with respect to the State of Nagaland
Article 371B Special provision with respect to the State of Assam
Article 371C Special provision with respect to the State of Manipur
Article 371D Special provisions with respect to the State of Andhra Pradesh
Article 371E Establishment of Central University in Andhra Pradesh
Article 371F Special provisions with respect to the State of Sikkim
Article 371G Special provision with respect to the State of Mizoram
Article 371H Special provision with respect to the State of Arunachal Pradesh
Article 371I Special provision with respect to the State of Goa
Article 372 Continuance in force of existing laws and their adaptation
Article 372A Power of the President to adapt laws
Article 373 Power of President to make order in respect of persons under preventive detention in
certain cases
Article 374 Provisions as to Judges of the Federal Court and proceedings pending in the Federal
Court or before His Majesty in Council
Article 375 Courts, authorities and officers to continue to function subject to the provisions of the
Constitution
Article 376 Provisions as to Judges of High Courts
Article 377 Provisions as to Comptroller and Auditor-General of India
Article 378 Provisions as to Public Commissions
Article 378A Special provisions as to duration of Andhra Pradesh Legislative Assembly
Article 379 [Article 379-391 Repealed]
Article 392 Power of the President to remove difficulties
Part XXII Short Title, Commencement, Authoritative Text in Hindu and Repeals

Article 393 Short title
Article 394 Commencement
Article 394A Authoritative text in the Hindi language
Article 395 Repeals

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