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IDEA AND FRAMING OF CONSTITUTION
According to Wade and Philips, "Constitution means a document having a special legal sanctity which
sets out the framework and the principal functions of the organs of the Government of a State and
declares the principles governing the operation of those organs”.
The idea of constitution of India was put forward by M. N. Roy in 1934.
It was first demanded by the Indian National Congress in 1935.
The Constitution of India was framed by a Constituent Assembly set up under the Cabinet
Mission Plan of 1946.
Constituent Assembly
The Assembly consisted of 389 members representing provinces (292), states (93), the Chief
Commissioner Provinces (3) and Baluchistan (1).
First meeting of the Constituent Assembly was held on 9.12.1946 under the Chairmanship of
Dr. Sachidanand Sinha (Provisional Chairman)
Dr. Rajendra Prasad was elected its Permanent Chairman on 11.12.1946.
The Assembly made a substantial progress and adopted the "Objective Resolution" moved by Pt.
Jawahar Lal Nehru,which later became the Preamble of the Constitution.
B.N.Rao was an Advisor to Constituent Assembly but he was not a member.
Drafting Committee
On 29th Aug, 1947, The Constituent Assembly set up 13 committees for framing the
constitution. On the basis of the reports of these committees, a draft of the Constitution was
prepared by a seven-member Drafting Committee under the Chairmanship of Dr B R Ambedkar.
A Draft Constitution was prepared by the committee and submitted to the Assembly on 4
November 1947.
Draft constitution was debated and over 2000 amendments were moved over a period of two
years.
Finally on 26 Nov. 1949, the process was completed and Constituent assembly adopted the
constitution. 284 members signed the document and the process of constitution making was
complete.
On 26 Jan 1950, the Constitution of India became the law of all the States and territories of
India.
Original form of Constitution has 22 Parts and 8 Schedules
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Important Committees & its Chairmen
Committee Chairman
Committee for State Negotiation Rajendra Prasad
Committee of Fundamental Rights & Minorities Sardar Patel
Drafting Committee B. R. Ambedkar
Provincial Constitution Committee Sardar Patel
Rules of Procedure Committee Rajendra Prasad
The Steering Committee K. M. Munshi
Union Constitution Committee J. L. Nehru
Union Power Committee J. L. Nehru
PREVIOUS LEGISLATIONS
Government of India Act 1858
After the Indian Rebellion of 1857, the British Government took direct control of territories
formerly ruled by the English East India Company.
This act abolished East India Company and transferred powers towards the British crown to
establish direct rule.
It changed the designation of Governor General of India to that of Viceroy of India.
This Act also abolished the Dual Government introduced by Pitt’s Act, 1784.
Indian Councils Act 1861
Indian Councils Act 1861 enacted by Parliament of the United Kingdom that transformed the
Viceroy of India's executive council into a cabinet run on the portfolio system.
Indians were involved with law-making process. For this purpose, viceroy nominated the Raja of
Benaras, the Maharaja of Patiala and Sir Dinkar Rao.
Indian Councils Act 1892
This Act was enacted due to the demand of the Indian National Congress to expand legislative
council.
The number of non-official members was increased both in central and provincial legislative
councils the non-official members of Indian legislative councils were henceforth to be
nominated by Bengal chamber of commerce and provincial legislative council.
Indian Councils Act 1909(Morley-Minto Reform)
Indian Councils Act 1909 commonly known as the Morley-Minto Reforms, was an Act of the
Parliament of the United Kingdom that brought about a limited increase in the involvement of
Indians in the governance of British India.
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The right of separate electorate was given to the Muslims and hence Lord Minto came to be
known as Father of Communal Electorate.
The members of the Legislative Councils were permitted to discuss the budgets, suggest the
amendments and even to vote on them; excluding those items that were included as non-vote
items. They were also entitled to ask supplementary questions during the legislative
proceedings.
Government of India Act 1919(Montague Chelmsford Reforms)
After World War I, the British Government opened the door for Indians to public office and
employment.
The idea of responsible government was emphasised upon.
Introduction of diarchy, Bicameralism (Two Houses) and direct elections.
Establishment of central public service commission in 1926.
Government of India Act 1935
Establishment of an All India Federation.
Abolition of Diarchy and introduced provincial autonomy.
Abolition of Council Asia.
Establishment of RBI, federal court, Provincial PSUs and Joint PSUs.
Extension of bicameralism, communal representation and franchise.
Indian Independence Act 1947
The legislation was formulated by the government of Prime Minister Clement Attlee and the
Governor General of India Lord Mountbatten
British Government would grant full self-government to British India by June 1948 at the latest,
Partition of India and Pakistan.
ARRANGEMENT OF CONSTITUTION
Contains 448 Articles divided into XXII Parts
12 Schedules
5 Appendix
Part Articles Deals With
I 1-4 The Union and its Territory
II 5-11 Citizenship
III 12-35 Fundamental Rights
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IV 36-51 Directive Principles of State Policy
IVA 51A Fundamental Duties
V 52-151 The Union
Chapter I. Article- 52-78 The Executive – The President and Vice President, Council of Ministers,
The Attorney-General for India, Conduct of Government Business, Duties of Prime Minister as respects
the furnishing of information to the President etc.,
Chapter II. Article- 79-122 Parliament, Conduct of business, Disqualifications of Members,
Legislative procedure etc.
Chapter III. Article- 123 Legislative powers of the President
Chapter IV. Article- 124-147 The Union Judiciary
Chapter V. Article- 148-151 Comptroller and Auditor-General of India
VI Article- 152-237 The States
Chapter I. Article 152 Definition
Chapter II. Article 153-167 The Executive - The Governor, Council of Ministers, The Advocate-
General for the State, Conduct of Government business, Duties of Chief Minister as respects the
furnishing of information to Governor, etc.
Chapter III. Article 168-212 The State Legislature, Disqualification of Members, Legislative
Procedure, etc.
Chapter IV. Article 213 Legislative power of the Governor
Chapter V. Article 214-232 The High Courts in the States
Chapter VI. Article 233-237 Subordinate Courts
VII. Article – 238 Repealed
VIII Article - 239-242 The Union Territories – administration, High Courts for Union Territories
IX Article 243-243O The Panchayats
IXA Article 243P-243ZG The Municipalities
X Article 244-244A The Scheduled and Tribal Areas
XI Article 245-263 Relations between the Union and the States
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Chapter I. Article- 245-255 Legislative Relations – distribution of legislative powers,
residuary powers of legislation, etc.
Chapter II. Article 256-263 Administrative Relations
XII Article 264-300A Finance, Property, Contracts and Suits
Chapter I. Article - 264-291 Finance – taxes, grants, finance commission, recommendations
of finance commission, exemption from taxes etc.
Chapter II. Article- 292-293 Borrowing – by the Government of India and by States.
Chapter III. Article - 294-300 Property, Contracts, Rights, Liabilities, Obligations and Suits and
proceedings
Chapter IV. Article- 300A Right to Property
XIII Article- 301-307 Trade, Commerce and Intercourse within theterritory of India
XIV Article- 308-323 Services under the Union and the States
Chapter I. Article- 308-314 Services – recruitment and conditions of service of persons
serving the Union or State,
Chapter II. Article- 315-323 Public Service Commissions
XIVA Article- 323A-323B Tribunals
XV Article- 324-329A Elections
XVI Article- 330-342 Special Provisions relating to certain Classes- Scheduled Castes
and Scheduled Tribes in House of the People etc., Scheduled Castes and Scheduled Tribes
XVII Article- 343-351 Official Language
Chapter I. Article- 343-344 Language of the Union
Chapter II. Article- 345-347 Regional Languages
Chapter III. Article- 348-349 Language of the Supreme Court, High Court etc.
Chapter IV. Article- 350-351 Special Directives
XVIII Article- 352-360 Emergency Provisions
XIX Article- 361-367 Miscellaneous – protection of President, Governors and Raj
pramukhs, abolition of privy purses, special provisions as to major ports and aerodromes etc.
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XX Article- 368 Amendment of the Constitution - Power of Parliament and
procedure therefore
XXI Article- 369-392 Temporary, Transitional and Special Provisions
XXII Article- 393-395 Short Title, Commencement, Authoritative text in Hindi and
Repeals
SCHEDULES TO THE CONSTITUTION
Schedule Deals With
First I. The State II. The Union Territories
Second Part A: Provisions as to the President and the Governors
Part B: Omitted
Part C: Provisions as to Speaker, Deputy Speaker etc.
Part D: Provisions as to the Judges of SC and HC
Part E: Provisions as to Comptroller and Auditor-General of
India
Third Forms of Oaths or Affirmations
Fourth Allocation of seats in the Council of States
Fifth Provisions as to the Administration and Control of Scheduled
Areas and Scheduled Tribes (contains Parts A, B, C and D)
Sixth Provisions as to Administration of Tribal Areas in the States of
Assam, Meghalaya, Tripura and Mizoram
Seventh List I : Union List (97 subjects)
List II : State List (66 subjects)
List III : Concurrent List (47 subjects)
Eighth List of 22 languages of India recognized by Constitution
1. Assamese 2. Bengali 3. Gujarati 4. Hindi
5. Kannada 6. Kashmiri 7. Manipuri 8. Malayalam
9. Konkani 10. Marathi 11. Nepali 12. Oriya
13. Punjabi 14. Sanskrit 15. Sindhi 16. Tamil
17. Telugu 18. Urdu 19. Santhali 20. Bodo
21. Maithili 22. Dogri
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Sindhi was added in 1967 by 21 Amendment. Konkani, Manipuri ad Nepali were added in 1992 by 71
amendment Santhali, Maithili, Bodo and Dogri were added in 2003 by 92 amendment
Ninth Validation of Acts and Regulations though inconsistent with
Part III of the Constitution.
Tenth Provisions as to Disqualification on Ground of Defection.
Eleventh Powers, Authority and Responsibilities of Panchayat
Twelfth Powers, Authority and Responsibilities of Municipality
APPENDIX
I The Constitution (Application to Jammu and Kashmir) Order, 1954
II Re-statement, with reference to the present text of the Constitution, of the exceptions and
modifications subject to which the Constitution applies to the State of Jammu and Kashmir
III Extracts from the Constitution (Forty-fourth Amendment) Act, 1978.
IV The Constitution (Eighty-sixth Amendment) Act, 2002.
V The Constitution (Eighty-eighth Amendment) Act, 2003.
FEATURES OF INDIAN CONSTITUTION
A Written Constitution:
Lengthy Document:
Flexible as well as rigid (More flexible than rigid)-
Can be amended- Art-368
Some provision can never be changed(Supreme Court: Basic Structure can never be changed)
A Federal Polity with a Unitary Bias
Dual Government
Single Citizenship
Guaranteed (Fundamental Rights with remedies)
Independent Judiciary with a power of Judicial Review
Borrowed Constitution
Borrowed From
U.K.
Nominal Head – President (like Queen
Cabinet System of Ministers
Post of PM
Parliamentary Type of Govt.
Bicameral Parliament
Lower House more powerful
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Council of Ministers responsible to Lowe House
Speaker in Lok Sabha
U.S.
Written Constitution
Executive head of state known as President and his being the Supreme Commander of
the Armed Forces
Vice- President as the ex-officio Chairman of Rajya Sabha
Fundamental Rights
Supreme Court
Provision of States
Independence of Judiciary and judicial review
Preamble
Removal of Supreme court and High court Judges
RUSSIA (Then USSR)
Fundamental Duties
Five year Plan
AUSTRALIA
Concurrent list
Language of the preamble
Provision regarding trade, commerce and intercourse
JAPAN
Law on which the Supreme Court function
GERMANY
Suspension of Fundamental Rights during the emergency
CANADA
Scheme of federation with a strong centre
Distribution of powers between centre and the states and placing. Residuary Powers
with the centre
IRELAND
Concept of Directive Principles of States Policy(Ireland borrowed it from SPAIN)
Method of election of President
Nomination of members in the Rajya Sabha by the President
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THE PREAMBLE
The preamble to the Constitution of India is a brief introductory statement that sets out the
guiding purpose and principles of the document. The preamble can be referred to as the preface
which highlights the essence of the entire Constitution. It was adopted on 22 January 1947 by
the Constituent Assembly.
It is based on the Objectives Resolution which was drafted and moved in the Constituent
Assembly by Jawaharlal Nehru on 13 December 1946.
As originally enacted the preamble described the state as a "sovereign democratic republic". In
1976 the Forty-second Amendment changed this to read "sovereign socialistsecular democratic
republic"
Text of the Preamble
These are the opening words of the preamble to the Indian Constitution
“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.”
Word Liberty, Equality & Fraternity were the idea from French Revolution while words Social &
Economic were the idea taken from Russian Revolution.
Meaning of Keywords in The Preamble-
Sovereign:- The word sovereign means supreme or independence. India is internally and externally
sovereign - externally free from the control of any foreign power and internally, it has a free government
which is directly elected by the people and makes laws that govern the people.
Socialist:- The term socialist was added to the Preamble by the Forty-second Amendment. Even before
the addition of term, the socialist essence could be found in the Directive Principles of State Policy. The
term implies social and economic equality among the people.
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Secular:- The Government respects all religions. It does not uplift or degrade any particular religion.
There is no such thing as a state religion for India. In S.R. Bommai vs UOI (1994) The SC of India held "A
state which does not recognise any religion as the state religion, it treats all religions equally.
Democratic:- The people of India elect their governments at all levels (Union, State and local) by a
system of universal adult franchise; popularly known as "one man one vote".
Republic:- A democratic republic is an entity in which the head of state is elected, directly or indirectly,
for a fixed tenure. The President of India is elected by an electoral college for a term of five years.
Justice:- The term 'justice' in the preamble refers to three varying aspects - Political, Social and
Economic which are secured through different provisions of Fundamental Rights &Directive Principles of
State Policy.
Liberty:- The ideal of Liberty refers to the freedom on the activities of Indian nationals. All the citizens
are secured with liberty of thought, expression, belief, faith & worship through the Fundamental Rights
which are justiciable in nature. However, liberty does not mean freedom to do anything, and it must be
exercised within the constitutional limits.
Equality:- This envisages that no section of the society enjoys special privileges and individuals are
provided with adequate opportunities without any discrimination. Again, there are three dimensions of
Equality - Polical, Economic & Civic.
Fraternity:- This refers to a feeling of brotherhood & a sense of belonging with the country among its
people.
Do you know:- That the preamble is not an integral part of the Indian constitution was declared by the
Supreme Court of India in BeruBari case therefore it is not enforceable in a court of law. However,
Supreme Court of India has, in the Kesavananda case, overruled earlier decisions and recognised that
the preamble may be used to interpret ambiguous areas of the constitution where differing
interpretations present themselves. In the 1995 case of Union Government Vs LIC of India also, the
Supreme Court has once again held that Preamble is the integral part of the Constitution.
THE UNION AND ITS TERRITORY
l. Article 1 of the Constitution says, “India, that is Bharat, shall be a Union of States”. the word ‘Union’
was preferred rather than ‘Federation’ because of certain advantages. Union of States means that the
Union of India is not a result of an agreement by the States to join in a federation and the Federation
not being the result of an agreement, no state has the right to get separated from it.
l. The territory of India comprises the entire geographical territory over which the sovereignty of India,
for the time being, prevails. On the other hand, the Union of India includes only those component units,
i.e., the states, which share power with the Centre. The UTs are centrally administered areas governed
by the President acting through an Administrator appointed by him. As on date, the territory of India
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consists of 29 states, 6 UTs and 1 National Capital Territory of Delhi (NCT- Delhi is neither a full state nor
a UT).
l. The State of Jammu and Kashmir has been given special status under article 370. which became
operative on Nov.17, 1952. the separate Constitution of the State was drafted by the Constituent
Assembly of Jammu and Kashmir and became effective on Jan. 26, 1957.
NEW STATES IN INDIA CREATED AFTER 1950
1. Andhra Pradesh:- Created by the State of Andhra Pradesh Act 1953 by carving our some areas
from the State of Chennai
2. Gujarat and Maharashtra:- The State of Mumbai was divided into two States i.e. Maharashtra
and Gujarat by the Mumbai (Reorganisation) Act 1960
3. Kerala:- Created by the State Reorganisation Act, 1956. It comprised Travancor and Cochin areas
4. Karnataka:- Created from the Princely State of Mysuru by the State Reorganisation Act, 1956. It
was renamed Karnataka in 1973
5. Nagaland:- It was carved out from the State of Asom by the State of Nagaland Act, 1952
6. Haryana:- It was carved out from the State of Punjab by the Punjab (Reorganisation) Act, 1966
7. Himachal Pradesh:- The Union Territory of Himachal Pradesh was elevated to the status of State
by the State of Himachal Pradesh Act, 1970
8. Meghalaya:- First carved out as a sub-State within the State of Asom by 23 Constitutional
Amendment Act, 1969. Later in 1971, it received the status of a full-fledged State by the North-
Eastern Areas (Reorganisation) Act 1971
9. Manipura and Tripura:- Both these States were elevated from the status of Union-Territories by
the North-Eastern Areas (Reorganisation) Act 1971
10. Sikkim:- Sikkim was first given the Status of Associate State by the 35th Constitutional
Amendment Act 1974. It got the status of a full State in 1975 by the 36th Amendment Act, 1975
11. Mizoram:- It was elevated to the status of a full State by the State of Mizoram Act, 1986
12. Arunachal Pradesh:- It received the status of a full state by the State of Arunachal Pradesh Act,
1896
13. Goa:- Goa was separated from the Union-Territory of Goa, Daman and Diu and was made a full-
fledged State of Goa, Daman and Diu Reorganisation Act 1987. But Daman and Diu remained as
Union Territory
14. Chhattisgarh:- Formed by the Constitutional Amendment Act, 2000 by dividing Madhya Pradesh
on November 1, 2000
15. Uttarakhand:- Formed by the Constitutional Amendment Act, 2000 by dividing Uttar Pradesh on
November 9, 2000
16. Jharkhand:- Formed by the Constitutional Amendment Act, 2000 by dividing Bihar on November
15, 2000
17. Telangana:- Created by Andhra Pradesh Re-organisation Act, 2014
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CITIZENSHIP & FUNDAMENTAL RIGHTS
Citizenship
The Constitution of India provides for a single citizenship for the whole of India. Every person who was
at the commencement of the Constitution (26 January 1950) domiciled in the territory of India and
(a) who was born in India; or
(b) either of whose parents was born in India; or
(c) who has been ordinarily resident in India for not less than five years became a citizen of India.
The Citizenship Act, 1955, deals with matters relating to acquisition, determination and termination of
Indian citizenship after the commencement of the Constitution.
Fundamental Rights
The Fundamental Rights in Indian constitution acts as a guarantee that all Indian citizens can and will live
their lives in peace as long as they live in Indian democracy. these include individual rights common to
most liberal democracies, such as equality before law, freedom of speech and expression, and peaceful
assembly, freedom to practice religion, and the right to constitutional remedies for the protection of
civil rights by means of writs such as habeas corpus. Violation of these rights result in punishments as
prescribed in the Indian Penal Code or other special laws, subject to discretion of the judiciary. The
Fundamental Rights are defined as basic human freedoms which every Indian citizen has the right to
enjoy for a proper and harmonious development of personality. These rights universally apply to all
citizens, irrespective of race, place of birth, religion, caste or gender. Aliens (persons who are not
citizens) are also considered in matters like equality before law. They are enforceable by the courts,
subject to certain restrictions.
Originally Constitution provided seven Fundamental Rights viz.
1. Right to Equality
Article 14 :- Equality before law and equal protection of law
Article 15 :- Prohibition of discrimination on grounds only of religion, race, caste, sex or place of birth.
Article 16 :- Equality of opportunity in matters of public employment
Article 17 :- End of untouchability
Article 18 :- Abolition of titles, Military and academic distinctions are, however, exempted
2. Right to Freedom
Article 19:- It guarantees the citizens of India the following six fundamentals freedoms:-
Freedom of Speech and Expression
Freedom of Assembly
Freedom of form Associations
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Freedom of Movement
Freedom of Residence and Settlement
Freedom of Profession, Occupation, Trade and Business
Article 20 :- Protection in respect of conviction for offences
Article 21 :- Protection of life and personal liberty
Article 22 :- Protection against arrest and detention in certain cases
3. Right Against Exploitation
Article 23 :- Traffic in human beings prohibited
Article 24 :- No child below the age of 14 can be employed
4. Right to freedom of Religion
Article 25 :- Freedom of conscience and free profession, practice and propagation of religion
Article 26 :- Freedom to manage religious affairs
Article 27 :- Prohibits taxes on religious grounds
Article 28 :- Freedom as to attendance at religious ceremonies in certain educational institutions
5. Cultural and Educational Rights
Article 29 :- Protection of interests of minorities
Article 30 :- Right of minorities to establish and administer educational institutions
Article 31 :- Omitted by the 44th Amendment Act
6. Right to Constitutional Remedies
Article 32 :- The right to move the Supreme Court in case of their violation (called Soul and heart of the
Constitution by B.R. Ambedkar )
Forms of Writ check
Habeas Corpus :- Equality before law and equal protection of law
7. Right to Property
Article 31:- Provided that "no person shall be deprived of his property save by authority of law." It also
provided that compensation would be paid to a person whose property has been taken for public
purposes.
The right to property was also one of the fundamental rights, according to the original Constitution. This
right was omitted by the 44th Amendment Act in December, 1978. It is now only a legal right under
Article 300-A in Part-XII of the Constitution. Thus, at present, there are only SIX fundamental rights.
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DIRECTIVE PRINCIPLES OF STATE POLICY
The Directive Principles of State Policy are guidelines or principles given to the central and state
governments of India, to be kept in mind while framing laws and policies.
These provisions, contained in Part IV (articles 36 to 50,)of the Constitution of India, are not enforceable
by any court, but the principles laid down therein are considered fundamental in the governance of the
country, making it the duty of the State to apply these principles in making laws to establish a just
society in the country.
The principles have been inspired by the Directive Principles given in the Constitution of Ireland and also
by the principles of Gandhism and relate to social justice, economic welfare, foreign policy, and legal and
administrative matters.
Articles related to The Directive Principles of State Policy are from articles 36 to 50,
Changes in Directive Principles require a Constitutional amendment which has to be passed by a special
majority of both houses of the Parliament. This means that an amendment requires the approval of two-
thirds of the members present and voting. However, the number of members voting should not be less
than the simple majority of the house – whether the Lok Sabha or Rajya Sabha.
· Directive Principles are classified under the following categories:
1. Socialistic 2. Gandhian 3. Liberal-intellectual.
►Socio-Economic Principles:- Principal among this category of directives are
a) Securing welfare of the people (Art. 38)
b) Securing proper distribution of material resources of the community as to best sub serve the
common-good, equal pay for equal work, protection of childhood and youth against exploitation. Etc.
(Art.39),
c) Curing right to work, education etc. Art. (41),
d) Securing just and humane conditions of work and maternity relief (Art. 42) etc.
►Gandhian Principles:-Such directives are spread over several Arts. Principal among such directives are
a) To organize village panchayats (Art. 40),
b) To secure living wage, decent standard of life, and to promote cottage industries (Art.43),
c) To provide free and compulsory education to all children up to 14 years of age (Art. 45),
d) To promote economic and educational interests of the weaker sections of the people, particularly,
the scheduled castes and scheduled tribes,
e) To enforce prohibition of intoxicating drinks and cow-slaughter and to organize agriculture and animal
husbandry on scientific lines (Arts. 46-48).
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►Liberal Principles:- Principal among such directives are
a) To secure uniform civil code throughout the country (Art.44),
b) To separate the judiciary from the executive (Art.50),
c) To protect monuments of historic and national importance and
d) To promote international peace and security.
Sir B. N. Rau regards DPSP as “moral precepts” with an educative value.
B.R. Ambedkar considered them as powerful instruments for the transformation of India from a
political democracy into an economic democracy.
The directive principles according to Granville Austin, are “positive obligations”
Differences between Fundamental Rights and Directive Principles of State Policy
1. The Fundamental Rights can be enforceable by a court against the State on the other hand The
Directive Principles of State Policy cannot be enforceable by any Court i.e. the Directives are non-
justiciable while Fundamental rights are justiciable.
2. The Fundamental Rights constitute limitations upon State actions while The directives are a set of
positive directions. The state is urged to do something to transform India into a social and economic
democracy.
3. In case of any conflict between the Fundamental Rights and Directives, the Fundamental Rights shall
prevail , unless the conflict arises out of a law to implement the Directives in Art. 39 (b)-(c), i.e. for the
socialisation of the means of production and the material resources of the nation.
4. FRs can be suspended except the rights mentioned in Article 20 and 22 during emergency on the
other hand DPSPs can never be suspended under any condition.
The Union Executive
PRESIDENT
The President of India is the head of state of the Republic of India. The President is the formal head of
the executive, legislature and judiciary of India and is the commander-in-chief of the Indian Armed
Forces.
Qualifications:
Article 58 of the Constitution sets the principle qualifications one must meet to be eligible to the office
of the President. A President must be:
A citizen of India
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Of 35 years of age or above
Qualified to become a member of the Lok Sabha
Must not holds any office of profit under the Government of India or the Government of any
State or under any local or other authority subject to the control of any of the said
Governments.
Exception:
1. The current Vice President.
2. The Governor of any State.
3. A Minister of the Union or of any State (Including Prime Minister and Chief Ministers)
Election Process:
Whenever the office becomes vacant, the new President is chosen by an electoral college
consisting of the elected members of both houses of Parliament(M.P.), the elected members of
the State Legislative Assemblies (Vidhan Sabha) of all States and the elected members of the
legislative assemblies (M.L.A.) of two Union Territories i.e., National Capital Territory(NCT) of
Delhi and Union Territory of Puducherry.
The nomination of a candidate for election to the office of the President must be subscribed by
at least 50 electors as proposers and 50 electors as seconders. Each candidate has to make a
security deposit of 15,000 (US$240) in the Reserve Bank of India. The security deposit is liable
to be forfeited in case the candidate fails to secure one-sixth of the votes polled.
The election is held in accordance to the system of Proportional representation by means of
Single transferable vote method. The Voting takes place by secret ballot system. The manner of
election of President is provided by Article 55 of the Constitution.
Term length Five years (renewable)
First President Rajendra Prasad
Salary 150000 (US$2,400) (Per Month)
Oath by Chief Justice of India
Removal/Impeachment (Article-61):
· The President may be removed before the expiry of the term through impeachment. A President can
be removed for violation of the Constitution of India.
· The process may start in either of the two houses of the Parliament. The house initiates the process
by levelling the charges against the President. The charges are contained in a notice that 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.
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· A resolution to impeach the President has to be passed by a special majority (two-third majority of
the total number of members of the originating house). It is then sent to the other house. The other
house investigates the charges that have been made. During this process, the President has the right to
defend oneself through an authorised counsel. If the second house also approves the charges made by
special majority again, the President stands impeached and is deemed to have vacated his/her office
from the date when such a resolution stands passed. Other than impeachment, no other penalty can be
given to the President for the violation of the Constitution.
· No president has faced impeachment proceedings so the above provisions have never been used
Powers and Duties
Duties:
The primary duty of the President is to preserve, protect and defend the constitution and the law of
India as made part of his oath (Article 60 of Indian constitution).[10] He is liable for impeachment for
violation of the constitution (Article 61). President is the common head of all independent constitutional
entities.
Legislative Powers:
· Legislative power is constitutionally vested in the Parliament of India of which the president is the
head to facilitate law making process as per constitution (Article 78, Article 86, etc.).
· The President summons both the Houses (the Lok Sabha and the Rajya Sabha) of the Parliament
and prorogues them. He can dissolve the Lok Sabha.
· As per Article 74, President shall abide by the aid and advice of the Council of Ministers headed by
the Prime Minister provided the given advice is in accordance with the constitution.
· Article 143 gave power to the president to consult supreme court for constitutional validity of any
issue.
· The President inaugurates the Parliament by addressing it after the general elections and also at
the beginning of the first session each year. Presidential address on these occasions is generally meant
to outline the new policies of the government.
· All bills passed by the Parliament can become laws only after receiving the assent of the President.
· After a bill is presented to him, the President shall declare either that he assents to the Bill, or that
he withholds his assent from it. As a third option, he can return a bill to the Parliament, if it is not a
money bill or a constitutional amendment bill, for reconsideration. When, after reconsideration, the bill
is passed and presented to the President, with or without amendments, the President cannot withhold
his assent from it.
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· The President can also withhold his assent to a bill when it is initially presented to him (rather than
return it to the Parliament) thereby exercising a pocket veto.
· When either of the two Houses of the Parliament of India is not in session, and if government feels
the need for immediate procedure, the President can promulgate ordinances which have the same force
and effect as laws passed by Parliament. These are in the nature of interim or temporary legislation and
their continuance is subject to parliamentary approval. Ordinances remain valid for no more than six
weeks from the date the Parliament is convened unless approved by it earlier.
Appointment Powers:
The President is responsible for making a wide variety of appointments. These include-
I. The President appoints, as Prime Minister, the person most likely to command the support
of the majority in the Lok Sabha (usually the leader of the majority party or coalition). The
President then appoints the other members of the Council of Ministers, distributing
portfolios to them on the advice of the Prime Minister.
II. The President appoints 12 members of the Rajya Sabha from amongst persons who have
special knowledge or practical experience in respect of such matters as literature, science,
art and social service.
III. Governors of States
IV. The Chief Justice, other judges of the Supreme Court and High Courts of India
V. The Chief Minister of National capital territory of Delhi (Article 239 AA 5 of the constitution)
VI. The Attorney General
VII. The Comptroller and Auditor General
VIII. The Chief Election Commissioner and other Election Commissioners
IX. The Chairman and other Members of the Union Public Service Commission
X. Vice Chancellor of central university and academic staff of central university through his
nominee
XI. Ambassadors and High Commissioners to other countries
Financial Powers
I. All money bills originate in Lok Sabha / House of the people (Article 109).
II. The president shall cause to be laid before Parliament (Article 112), the Annual Budget and
supplementary Budget for its approval.
III. No money bill can be introduced in Parliament without his or her assent.
IV. The President appoints a finance commission every five years.
V. Withdrawal from the contingency fund of India is done after the permission of the
President.
VI. The Contingency Fund of India is at the disposal of the President.
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Diplomatic Powers
All international treaties and agreements are negotiated and concluded on behalf of the President.
However, in practice, such negotiations are usually carried out by the Prime Minister along with his
Cabinet (especially the Foreign Minister). Also, such treaties are subject to the approval of the
Parliament. The President represents India in international forums and affairs where such a function is
chiefly ceremonial. The President may also send and receive diplomats, i.e. the officers from the Indian
Foreign Service. The President is the first citizen of the country.
Military Powers
The President is the Commander-in-Chief of the Defence forces of India. The President can declare war
or conclude peace, subject to the approval of parliament only under the decision of the Council of the
Chiefs of Staffs of the Armed Forces, Military Secretary and President's Officer (Deputy Military
Secretary). All important treaties and contracts are made in the President's name. He also appoints the
chiefs of the service branches of the armed forces.
Pardoning Powers
As mentioned in Article 72 of Indian Constitution, the President is empowered with the powers to grant
pardons in the following situations:
I. Punishment is for offence against Union Law
II. Punishment is by a Military Court
III. Sentence is that of death
IV. The decisions involving pardoning and other rights by the President are independent of the
opinion of the Prime Minister or the Lok Sabha majority. In most cases, however, the
President exercises his executive powers on the advice of the Prime Minister and the
cabinet.
Emergency powers
The President can declare three types of emergencies :- National, State, Financial under articles 352, 356
& 360 in addition to promulgating ordinances under article 123.
National emergency (Article-352)
· National emergency can be declared in the whole of India or a part of its territory on causes of war
or armed rebellion or an external aggression. Such an emergency was declared in India in 1962 (Indo-
China war), 1971 (Indo-Pakistan war), 1975 to 1977 (declared by Indira Gandhi on account of "internal
disturbance").
· Under Article 352 of the India Constitution, the President can declare such an emergency only on
the basis of a written request by the Cabinet Ministers headed by the Prime Minister. Such a
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proclamation must be approved by the Parliament within one month. Such an emergency can be
imposed for six months. It can be extended by six months by repeated parliamentary approval, there's
no maximum duration.
· In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms
under Right to Freedom are automatically suspended. However, the Right to Life and Personal Liberty
cannot be suspended (Article 21).
· The President can make laws on the 66 subjects of the State List (which contains subjects on which
the state governments can make laws).Also, all money bills are referred to the President for its approval.
· The term of the Lok Sabha can be extended by a period of up to one year, but not so as to extend
the term of Parliament beyond six months after the end of the declared emergency.
State Emergency (Article-356)
If the President is satisfied, on the basis of the report of the Governor of the concerned state or from
other sources that the governance in a state cannot be carried out according to the provisions in the
Constitution, he can declare a state of emergency in the state. Such an emergency must be approved by
the Parliament within a period of 2 months.
Financial emergency (Article- 360)
· Under article 360 of the constitution, President can proclaim financial emergency when the
financial stability or credit of the nation or of any part of its territory is threatened. However till now, no
guide lines defining the situation of financial emergency in the entire country or a state or a union
territory or a panchayat or a municipality or a corporation, are framed either by finance commission or
by central government. Such an emergency must be approved by the Parliament within two months by
simple majority. It has never been declared.
· A state of financial emergency remains in force indefinitely until revoked by the President.
The President can reduce the salaries of all government officials, including judges of the Supreme Court
and High Courts, in case of a financial emergency
Interesting Facts about Presidents of India
» Rashtrapati Bhavan which is the Official Residence of President of India was earlier called Viceroy’s
House.
» Rashtrapati Bhavan was built under Charles Hardinge who was the then Viceroy of India. This
Viceroy’s House was renamed as Rashtrapati Bhavan when Rajendra Prasad became the first President
and occupied this building.
» V V Giri became first Acting President of India in 1969 after the death of Zakir Hussain in office.
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» V V Giri was elected full feldged President just after few months. He was the only person who worked
as Acting President and President.
» There were 2 Presidents who died during their incumbency period i.e. on Chair. They were – Zakir
Husain and Fakhruddin Ali Ahmad.
» Rajendra Prasad was the first President of Republic India. He was the only person who held the chair
twice.
» 4 Presidents have received Bharat Ratna
1.S Radhakrishnan in 1954
2. Rajendra Prasad in 1962
3. Zakir Hussain in 1963
4. APJ Abdul Kalam in 1997
» The only woman to serve the post of President was Pratibha Patil who was the 12th President.
» The only President (Acting) who worked earlier as Chief Justice of India is Justice Hidayatullah.
» The only President from Janta Party was Neelam Sanjiva Reddy.
» The only President who earlier worked as Speaker of Lok Sabha – Neelam Sanjiva Reddy.
» The only President who earlier worked as 1 st Chief Minister of a State was Neelam Sanjiva Reddy. He
was the first Chief Minister of Andhra Pradesh.
VICE- PRESIDENT
· The Vice President of India is the second-highest constitutional office in India, after the President.
Article 63 of Indian Constitution states that there shall be a Vice-President of India.
· The Vice President shall act as President in the absence of the President due to death, resignation,
impeachment, or other situations.
· The Vice President of India is also ex officio Chairperson of the Rajya Sabha
Qualifications:
Citizen of India
More than 35 years of Age
Posses the qualification of membership of Rajya Sabha
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Not hold any office of profit under union, state of local authority. However, for this purpose, the
President, Vice-President, Governor of a State and a Minister of the Union or a State, are not
held to be holding an office of profit.
Election Process:
Elected by both the houses (Electoral College) in accordance with the system of proportional
representation by means of single transferable vote and the vote being secret. Nominated
members also participate in his election
The Supreme court has the final and exclusive jurisdiction for resolving disputes and doubts
relating to the election of the Vice President of India.
Points To Remember:
The Vice President holds office for five years. He/she can be re-elected any number of times.
The President administers the oath of office and secrecy to the Vice-President.
The Vice President cannot be formally impeached, unlike the President. The Constitution states
that the Vice President can be removed by a resolution of the Rajya Sabha passed by an
effective majority (more than 50% of effective membership (total membership-vacancies) and
agreed to by a simple majority (50% of voting members) of the Lok Sabha (Article 67(b)).
There is no specific provision of salary/pension for the ex officio Vice President, per se. He/she
receives the salary of the Chairman of the Rajya Sabha, which is currently Rs. 1,25,000 per
month.
The constitution provides that when the ex officio Vice President acts as the President or
discharges the duties of the President, he/she is entitled to the salary and privileges of the
President.
All bills, resolution, motion can be taken in Rajya Sabha after his consent.
PRIME MINISTER
The Prime Minister of India, as addressed in the Constitution of India, is the chief of government, chief
adviser to the President of India.
He is head of the Council of Ministers and the leader of the majority party in the parliament.
Real executive authority
He is the ex-officio Chairman of the NITI Aayog, National Development Council, National Integration
Council and Inter state Council
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►Qualification:- He must be
a citizen of India.
a member of the Lok Sabha or the Rajya Sabha. If the person chosen as the prime minister is
neither a member of the Lok Sabha nor the Rajya Sabha at the time of selection, he or she must
become a member of either of the houses within six months.
above 25 years of age if he or she is a member of Lok Sabha or above 30 years of age if he is a
member of the Rajya Sabha.
not hold any office of profit under the Government of India or the Government of any State or
under any local or other authority subject to the control of any of the said Governments.
►Points To Remember:
· Oath administered by President
· Can recommend to the President to declare emergency on grounds of war, external aggression or
armed rebellion
· Advises President about President’s Rule in the State or emergency due to financial instability
· Term is Five years
· The Prime Minister of India will be drawing a monthly salary of Rs. 1.6 lakh. His basic salary is Rs 50,000
·The first was Jawaharlal Nehru of the Indian National Congress party, who was sworn-in on 15 August
1947, when India gained independence from the British. Serving until his death in May 1964, Nehru
remains India's longest-serving prime minister.
►Articles in The Constitution Related to Prime Minister:
Article 53(1) — The executive powers of the Union shall be vested in the president and shall be
exercised either directly or through subordinate officers, in accordance with the Constitution.
Article 74(1) — There shall be a Council of Ministers with the prime minister at the head to aid and
advise the president who shall, in the exercise of his functions, act in accordance with such advice.
Article 75(1) — The Prime Minister shall be appointed by the President and the other Ministers shall be
appointed by the President on the advice of the Prime Minister.
COUNCIL OF MINISTERS
The Union Council of Ministers exercises executive authority in the Republic of India
There are three categories of ministers, in descending order of rank:
1. Cabinet Minister: member of cabinet; leads a ministry
2. Minister of State (Independent Charges): junior minister not reporting to a cabinet minister
3. Minister of State (MoS): junior minister reporting to a cabinet minister, usually tasked with a
specific responsibility in that ministry
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Points to Remember:
The Prime minister is the member of cabinet in the executive branch of government in a
parliamentary system.
The Prime minister Selects and can dismiss other members of the cabinet.
Cabinet minister attend meeting of the Cabinet
Ministers of state are not member of cabinet and they attend the Cabinet meeting if they are
invited only.
Minister are collectively responsible to the Parliament and they are individually responsible to
the President
A non MP can be appointed as minister but he/she can continue as Minister for more than 6
month in he/she secures a seat in either House of Parliament.
ATTORNEY-GENERAL FOR INDIA
1. The Attorney General for India is the Indian government's chief legal advisor, and its primary
lawyer in the Supreme Court of India.
2. He is appointed by the President of India under Article 76(1) of the Constitution and holds office
during the pleasure of the President.
3. He must be a person qualified to be appointed as a Judge of the Supreme Court.
4. The Attorney General is assisted by a Solicitor General and four Additional Solicitors General.
5. The Attorney General is to be consulted only in legal matters of real importance and only after
the Ministry of Law has been consulted.
6. Mukul Rohatgi is the current Attorney General of India.
7. Ranjit Kumar is the present Solicitor General.
8. The Solicitor General of India is appointed for the period of 3 years.
PARLIAMENT OF INDIA
Parliament is the supreme legislative body of India.
The Indian Parliament comprises:-
1. The President of India
2. Lok Sabha (House of the People)
3. Rajya Sabha (Council of States).
The President has the power to summon and prorogue either House of Parliament or to dissolve Lok
Sabha. India's government is bicameral; Rajya Sabha is the upper house and Lok Sabha is the lower
house.
The two houses meet in separate chambers in the Sansad Bhavan
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Lok Sabha:
Lok Sabha is also known as the "House of the People" or the lower house
The Constitution provides that the maximum strength of the House be 552 members.
Up to 530 members represent of the territorial constituencies in States, up to 20 members represent
the Union Territories and no more than two members from Anglo-Indian community can be nominated
by the President of India if he or she feels that the community is not adequately represented. House
seats are apportioned among the states by population .
It has a current strength of 543 members.
To be eligible for membership in the Lok Sabha, a person must be a citizen of India and must be 25 years
of age or older, mentally sound, should not be bankrupt and should not be criminally convicted.
The Women's Reservation Bill proposes reserving 33% of the seats in Lok Sabha for women.
Rajya Sabha:
The Rajya Sabha is also known as "Council of States " or the upper house.
Rajya Sabha is a permanent body and is not subject to dissolution; instead one third of the members
retire every second year, being replaced by newly elected members.
Each member is elected for a term of six years.
Its members are indirectly elected by members of legislative bodies of the States
The Rajya Sabha can have a maximum of 250 members in all.
238 members are to be elected from States and Union Territories and 12 are to be nominated by the
President of India and shall consist of persons having special knowledge or practical experience in
respect of such matters as the following, namely literature, science, art and social service.
The minimum age for a person to become a member of Rajya Sabha is 30 years.
THE STATE EXECUTIVE & THE STATE LEGISLATURE
Governor
1. The governors and lieutenant-governors of the states and union territories of India have similar
powers and functions at the state level as that of the President of India at Union level.
2. Governors exist in the states while lieutenant-governors exist in union territories and in the
National Capital Territory of Delhi.
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3. Governor acts as the nominal head whereas the real power lies in the hand of the chief
ministers of the states and the chief minister's Council of Minister .
4. In India, a lieutenant governor is in charge of a Union Territory. However the rank is present only
in the union territories of Andaman and Nicobar Islands, Delhi and Puducherry
5. However the governor of Punjab acts as the administrator of Chandigarh.
Qualifications:- A governor must:
1. be a citizen of India;
2. be at least thirty-five (35)years old;
3. not be a member of the either house of the parliament or house of the state legislature.
4. not hold any other office of profit.
Points to Remember:
The term of governor's office is normally 5 years but it can be terminated earlier by:
1. Dismissal by the president on the advice of the prime minister of the country, at whose pleasure the
governor holds office.
2. Resignation by the governor
There is no provision of impeachment, as it happens for the president.
The governor enjoys many different types of powers:
1. Executive powers related to administration, appointments and removals,
2. Legislative powers related to lawmaking and the state legislature, that is Vidhan Sabha or Vidhan
Parishad,
3. Discretionary powers to be carried out according to the discretion of the governor.
State Legislature
The legislature of State consist of the Governor and one or two Houses.
The Indian Constitution allows states to have either a unicameral or bicameral legislature.
State governments legislatures are bicameral in seven states (Uttar Pradesh, Maharashtra,
Bihar, Karnataka, Jammu and Kashmir, Andhra Pradesh, Telangana) and unicameral in the rest.
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Legislative Assembly/ Vidhan Sabha / विधान सभा Legislative Assembly, is the lower house (in states with bicameral) or the sole house (in
unicameral states) of the provincial (state) legislature in the different states of India.
Members of a Vidhan Sabha are direct representatives of the people of the particular state as
they are directly elected by an electorate consisting of all citizens above the age of 18 of that state
Its maximum size as outlined in the Constitution of India is not more than 500 members and not
less than 60 members.
However, the size of the Vidhan Sabha can be less than 60 members through an Act of
Parliament: such is the case in the states of Goa, Sikkim, Mizoram and the Union Territory of
Puducherry
The Governor can appoint 1 member to represent minorities, e.g. the Anglo-Indian community,
if he finds inadequately representation in the House.
Those elected or nominated (by the Governors) to Vidhan Sabha are referred to as members of
Legislative Assembly or MLAs.
Each Vidhan Sabha assembles for a five-year term, after which all seats are up for election.
During a State of Emergency, its term may be extended past five years or it may be dissolved.
Legislative Council/ Vidhan Parishad / विधान ऩररषद
Legislative Council is the upper house in those states of India that have a bicameral legislature.
Legislative Council is a permanent body and cannot be dissolved
Member of the Legislative Council (MLC) serves for a six-year term, with terms staggered so that
the terms of one-third of a Council's members expire every two years.
Qualification:
MLCs must be citizens of India, at least 30 years' old, mentally sound, not an insolvent, and on the
voters' list of the state for which he or she is contesting an election.
He or she may not be a Member of Parliament at the same time.
Points to Remember:
The size of the Vidhan Parishad cannot be more than one-third the membership of the Vidhan
Sabha
However, its size cannot be less than 40 members (except in Jammu and Kashmir, where there
are 36 by an Act of Parliament.)
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Number of Seats and Type of Legislature in States
State Legislature Size
1. West Bengal Unicameral 295
2. Tamil Nadu Unicameral 234
3. Madhya Pradesh Unicameral 231
4. Rajasthan Unicameral 200
5. Gujarat Unicameral 182
6. Orissa Unicameral 147
7. Kerala Unicameral 141
8. Assam Unicameral 126
9. Punjab Unicameral 117
10. Haryana Unicameral 90
11. Chhattisgarh Unicameral 90
12. Jharkhand Unicameral 81
13. Himachal Pradesh Unicameral 68
14. Arunachal Pradesh Unicameral 60
15. Tripura Unicameral 60
16. Nagaland Unicameral 60
17. Manipur Unicameral 60
18. Meghalaya Unicameral 60
19. Goa Unicameral 40
20. Mizoram Unicameral 40
21. Sikkim Unicameral 32
22. Uttarakhand Unicameral 70
23. Pondicherry Unicameral 30
24. Delhi Unicameral 70
JUDICIARY OF INDIA
The Indian Judicial System is one of the oldest legal systems in the world today.
It is partly a continuation of the British legal system established by the British in the mid-19th
century based on a typical hybrid legal system known as the Common Law System.
There are various levels of judiciary in India – different types of courts, each with varying powers
depending on the tier and jurisdiction bestowed upon them. They form a strict hierarchy of
importance, in line with the order of the courts in which they sit, with the Supreme Court of
India at the top, followed by High Courts of respective states with district judges sitting in
District Courts and Magistrates of Second Class and Civil Judge (Junior Division) at the bottom.
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Courts hear criminal and civil cases, including disputes between individuals and the government.
The Indian judiciary is independent of the executive and legislative branches of government
according to the Constitution.
Supreme Court of India
On 26 January 1950, the day India's constitution came into force, the Supreme Court of India was
formed in Delhi.
The Supreme Court of India comprises the Chief Justice and 30 other Judges appointed by the
President of India.
Points to Remember:
1. Supreme Court judges retire at the age of 65 which is 3 years more than the retirement age of a
judge of the High Court.
2. A judge gets 90,000 and the Chief Justice gets a sum of 100,000.
3. A judge of the Supreme Court can be removed by Impeachment under the Constitution only on
grounds of proven misconduct or incapacity and by an order of the President of India, after a
notice signed by at least 100 members of the Lok Sabha (House of the People) or 50 members of
the Rajya Sabha (Council of the States) is passed by a two-third majority in each House of the
Parliament.
4. A person who has retired being a Judge of the Supreme Court is debarred from practising in any
court of law or before any other authority in India.
High courts
There are 24 High Courts at the State level.
Article 141 of the Constitution of India mandates that they are bound by the judgments and orders
of the Supreme Court of India by precedence.
Each High Court has jurisdiction over a state, a union territory or a group of states and union
territories.
Points to Remember:
1. Judges in a High Court are appointed by the President of India in consultation with the Chief Justice
of India and the governor of the state.
2. The number of judges in a court is decided by dividing the average institution of main cases during
the last five years by the national average, or the average rate of disposal of main cases per judge
per year in that High Court, whichever is higher
3. The Calcutta High Court is the oldest High Court in the country, established on 2 July 1862.
4. A judge of High Courtcan hold office until the age of 62 years.
5. Removal of any Judge of High Court is same as of judge of Supreme Court.
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ELECTION COMMISSION OF INDIA
1. The Election Commission of India is an autonomous body established by the Constitution of India.
2. It is responsible for administering election processes to Lok Sabha, Rajya Sabha, State Legislatures
and the offices of the President and Vice President in India.
3. The Election Commission is not concerned with the elections to Panchayats and Municipalities in the
States.
4. Article 324(2) of the Constitution provides that the Commission will be composed of a Chief Election
Commissioner aided by other Election Commissioners appointed by the President of India.
5. Originally in 1950, the commission had only a Chief Election Commissioner. Two additional
Commissioners were appointed to the commission for the first time on 16 October 1989, but they
had a very short tenure—until 1 January 1990.
6. The Election Commissioner Amendment Act, 1993 made the Election Commission a multi-member
body. The concept of a 3-member Commission has been in operation since then, with decision-
making power by majority vote.
7. The term of the Chief Election Commissioner is for 6 years or till he/she attains the age of 65 years,
whichever is earlier. And not eligible for reappointment.
8. Election Commissioner can not hold any other office of profit even after retirement.
9. The Chief Election Commissioner of India can be removed from his office by Parliament with the
two-thirds majority in Lok Sabha and Rajya Sabha on the grounds of proven misbehaviour or
incapacity.
10. Other Election Commissioners can be removed by the President on the recommendation of the
Chief Election Commissioner.
11. A Chief Election Commissioner has never been impeached in India.
12. In 2009, just before the 2009 Lok Sabha Elections, CEC N Gopalaswami sent a recommendation to
President Patil to remove Election Commissioner Navin Chawla, who was soon to take office as a
Chief Election Commissioner and to subsequently supervise the Lok Sabha Election, citing his
partisan behaviour in favour of one political party. The President opined that such a
recommendation is not binding on the President, and hence rejected it.
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CAG: COMPTROLLER AND AUDITOR GENERAL OF INDIA
[भारत के ननयंत्रक- महाऱेखाऩरीऺक ]
The Comptroller and Auditor General (CAG) of India is an authority, established by the Constitution
under Constitution of India/Part V Chapter V/Sub-part 7B/Article 148,
The CAG is mentioned in the Constitution of India under Article 148 – 151.
CAG audits all receipts and expenditure of the Government of India and the state governments,
including those of bodies and authorities substantially financed by the government.
The CAG is also the external auditor of Government-owned corporations and conducts
supplementary audit of government companies, i.e., any non-banking/ non-insurance company in
which Union Government has an equity share of at least 51 per cent or subsidiary companies of
existing government companies.
The reports of the CAG are taken into consideration by the Public Accounts Committees (PACs) and
Committees on Public Undertakings (COPUs), which are special committees in the Parliament of
India and the state legislatures.
The Comptroller and Auditor-General of India is appointed by the President of India following a
recommendation by the Prime Minister. On appointment, he/she has to make an oath or
affirmation before the President of India.
Term length of CAG is 6 yrs or up to 65 yrs of age
The CAG can be removed only on an address from both house of parliament on the ground of
proved misbehaviour or incapacity. The CAG vacates the office on attaining the age of 65 years age
even without completing the 6 years term.
Expenses and salary drawn upon Consolidated Fund of India.
V. Narahari Rao was the First CAG of India.
Shashi Kant Sharma is the Incumbent Comptroller and Auditor General of India. He succeeded Vinod
Rai as the supreme auditor of the Constitutional body on 23 May 2013.
Article 148 Comptroller and Auditor-General of India
1) There shall be a Comptroller and Auditor General of India who shall be appointed by the President by
warrant under his hand and seal and shall only be removed from office in like manner and on the like
grounds as a Judge of the Supreme Court
2) Every person appointed to be the Comptroller and Auditor General of India shall, before he enters
upon his office, make and subscribe before the President, or some person appointed in that behalf by
him, an oath or affirmation according to the form set out for the purpose in the Third Schedule
3) The salary and other conditions of service of the Comptroller and Auditor General shall be such as
may be determined by Parliament by law and, until they are so determined, shall be as specified in the
Second Schedule: Provided that neither the salary of a Comptroller and Auditor General nor his rights in
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respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his
appointment
4) The Comptroller and Auditor General shall not be eligible for further office either under the
Government of India or under the Government of any State after he has ceased to hold his office
5) Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of
service of persons serving in the Indian Audit and Accounts Department and the administrative powers
of the Comptroller and Auditor General shall be such as may be prescribed by rules made by the
President after consultation with the Comptroller and Auditor General
6) The Administrative expenses of the office of the Comptroller and Auditor General, including all
salaries, allowances and pensions payable to or in respect of pensions serving in that office, shall be
charged upon the Consolidated Fund of India.
Article 149 in The Constitution Of India
Duties and powers of the Comptroller and Auditor General The Comptroller and Auditor General shall
perform such duties and exercise such powers in relation to the accounts of the Union and of the States
and of any other authority or body as may be prescribed by or under any law made by Parliament and,
until provision in that behalf is so made, shall perform such duties and exercise such powers in relation
to the accounts of the Union and of the States as were conferred on or exercisable by the Auditor
General of India immediately before the commencement of this Constitution in relation to the accounts
of the Dominion of India and of the Provinces respectively.
Article 150 in The Constitution Of India
Form of accounts of the Union and of the States The accounts of the Union and of the States shall be
kept in such form as the President may, on the advice of the Comptroller and Auditor General of India,
prescribe by the President on advice of the CAG.
Article 151 Audit Reports
1) The reports of the Comptroller and Auditor General of India relating to the accounts of the Union
shall be submitted to the President, who shall cause them to be laid before each House of Parliament
2) The reports of the Comptroller and Auditor General of India relating to the accounts of a State shall
be submitted to the Governor of the State, who shall cause them to be laid before the Legislature of the
State PART VI THE STATES CHAPTER I GENERAL
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THE PANCHAYATI RAJ: THREE-TIER SYSTEM OF GOVERNANCE IN RURAL INDIA
The basic concept of Panchayati Raj is the villagers should think, decide and act in their own socio
economic interest. Thus the Panchayati raj Act is related to village self governance.
In 1956, the National Development Council appointed a committee under Balwant Rai Mehta, which
submitted its report in 1957.
On the recommendations of Balwant Rai Mehta committee Panchayati Raj was introduced in 1959 as a
three tier structure of self government.
Panchayati Raj consists of:
1. Village-level Panchayats
2. Block-level Panchayats
3. District-level Panchayats.
►Village Panchayat:
In the structure of the Panchayati Raj, the Village Panchayat is the lowest unit. There is a Panchayat for
each village or a group of villages in case the population of these villages happens to be too small.
Gram Sabha, a general body of villagers, consists of all the adults residing within the jurisdiction of the
Panchayat.
The Panchayat is accountable for all its actions to the Gram Sabha,
The Panchayat chiefly consists of representatives elected by the people of the village.
Chairman is elected from among its members, known as ‘Sarpanch’.
Sarpanch is an ex-officio member of the Panchayat Samiti and participates in its decision-making as well
as in the election of the Pradhan and of the members of various Standing Committees.
►Block & Panchayat Samiti:
Panchayat Samiti is a local government body at the tahsil (taluka) level.
It works for the villages of the tahsil that together are called a Development Block.
The Panchayat Samiti is the link between the Gram Panchayat (village council) and the zila parishad
(district board).
There are a number of variations in the name of this institution in the various states. For example, it is
known as Mandal Praja Parishad in Andhra Pradesh, Taluka Panchayat in Gujarat, and Mandal Panchayat
in Karnataka.
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The block, consisting of 20-60 villages, administered through a Panchayat Samiti, consisting of indirectly
elected members of village panchayat.
The chairman of Panchayat Samiti is called ‘Pradhan’.
►Zila Parishad:
Panchayat is the third and top of 3 tier of the Panchayati Raj system.
Zila Parishad is an elected body.
Chairpersons or Block Pramukh of Block Samitis are also represented in Zila Parishad.
The members of the State Legislature and the members of the Parliament of India are members of the
Zila Parishad.
The panchayats receive funds from three sources:
1. Local body grants, as recommended by the Central Finance Commission.
2. Funds for implementation of centrally-sponsored schemes.
3. Funds released by the state governments on the recommendations of the State Finance
Commissions.
→The 3 – tier system of Panchayat Raj was 1st adopted by Rajasthan ( Nagaur District) on Oct 2, 1959,
followed by Andhra Pradesh, Bihar Gujarat, Himachal Pradesh, Maharashtra, Punjab, Tamil Nadu, UP &
West Bengal.
→Term of Panchayat is 5 Years
JOINT SESSION OF INDIAN PARLIAMENT
» The Parliament of India is bicameral. Concurrence of both houses are required to pass any bill.
» However, the authors of the Constitution of India visualised situations of deadlock between the upper
house i.e. Rajya Sabha and the lower house i.e. Lok Sabha.
» Therefore, the Constitution of India provides for Joint sittings of both the Houses to break this
deadlock.
» The joint sitting of the Parliament is called by the President and is presided over by the Speaker or, in
his absence, by the Deputy Speaker of the Lok Sabha or in his absence, the Deputy-Chairman of the
Rajya Sabha.
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» If any of the above officers are not present then any other member of the Parliament can preside by
consensus of both the House.
» As per Article 108 of Constitution, a Joint session of Parliament can be summoned in the following
situations.
If after a Bill has been passed by one House and transmitted to the other House—
(a) the Bill is rejected by the other House; or
(b) the Houses have finally disagreed as to the amendments to be made in the Bill; or
(c) more than six months elapse from the date of the reception of the Bill by the other House without
the Bill being passed by it, the President may, unless the Bill has elapsed by reason of a dissolution of the
House of the People, notify to the Houses by message if they are sitting or by public notification if they
are not sitting, his intention to summon them to meet in a joint sitting for the purpose of deliberating
and voting on the Bill
» However, in calculating period of six months, those days are not considered when house is prorogued
or adjourned for more than 4 consecutive days.
» If the above conditions are satisfied, the President of India may summon joint sitting of both the
houses of parliament.
TYPES OF WRITS IN THE CONSTITUTION OF INDIA
In common law, a writ is a formal written order issued by a body with administrative or judicial
jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs and
subpoenas are common types of writ but many forms exist and have existed.
In India, both Supreme Court and High Court have been empowered with Writ Jurisdiction. Further,
Parliament by law can extend power to issue writs to any other courts (including local courts) for
local limits of jurisdiction of such courts.
Under the Article 32 of Constitution of India, anyone can move the Supreme Court of India for
getting the relief when the individuals fundamental right is infringed by the State (as described
under Article 13 of the Constitution) and not for any other right.
As Writ jurisdiction is enjoyed only by the Supreme Court and High Courts under Article 32 and 226
of the Constitution, respectively.
A writ petition can only be filed against the State and not against private individuals or organisation.
A writ is issued by the court, in general, against the State. Under their writ jurisdiction Supreme
Court and High Courts issue appropriate writs in the nature of Habeas Corpus, Mandamus,
Prohibition, Certiorari, and Quo Warranto.
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List of Writs issued by Supreme and High Courts of India
1. Writ of Habeas Corpus
This writ is used to protect individual's liberty. It is issued when a person is detained illegally and
wrongfully. This writ can be filed before the court by any individual or organisation, not necessarily the
aggrieved individual. This writ can be issued by the court both against the State and individual. Habeas
Corpus literally means 'to have the body' i.e. physically producing the person whose detention is
questioned before the court in order to enable the court to ascertain the grounds of detention.
However, if all the material facts relating to the detention of the person are made available to the court,
the court may not insist upon the physical production of detained person. When the court finds the
detention illegal or unlawful, it will order the release of the person henceforth.
2. Writ of Mandamus
This petition can be filed before the court only by the aggrieved individual. It can be filed only when the
legal right of the person is violated. Private rights can't be enforced through the petition of Mandamus.
It can be issued by a court only against a public authority or a person holding a public office. It cannot by
issued against an individual or private organisation. It is issued when a public authority or officer is
charged with a legal duty and he/she has failed to perform the duty which has resulted in the violation
of a legal rights of the petitioner. Mandamus literally means 'command', therefore when it is issued it
commands a public authority or officer to do or not to do something which is in the nature of his/her
public duty. This writ can't be issued against President and Governors.
3. Writ of Prohibition
This writ can be issued only against a judicial or quasi-judicial body and not against non-judicial bodies.
This petition can be filed only by the aggrieved individual. This writ is issued when a judicial/quasi-
judicial body takes up a case for hearing in excess or in absence of its jurisdiction. The purpose of the
court is to prohibit the judicial/quasi-judicial body from proceeding further with the case. (Here
judicial/quasi-judicial bodies could be lower courts, tribunals, for example.)
4. Writ of Certiorari
It is similar to above writ in all respect except that it is issued after a judicial/quasi-judicial body has
completed a trial of a case and pronounced it judgement /direction/order in excess or in absence of its
jurisdiction. Thus the purpose of the writ is to quash or nullify the judgement /direction /order issued by
such a judicial /quasi-judicial body.
5. Writ of Quo Warranto
This writ can be issued only against a person holding a public office in order to ensure that a public
office is not usurped by a person who is not qualified to hold the office. This petition can be filed by
any person. When this writ is issued, it has the effect of removal of the person from public office
with immediate effect.
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E.g. U. N. Rao vs Indira Gandhi, 1971. In this petition the appellant had prayed that a writ of qua
warranto be issued to the respondent, Smt. Indira Gandhi, and it be declared that the respondent has no
constitutional authority to the office of and to function as Prime Minister of India. The petition was
dismissed by the court and no such writ was issued against Smt. Indira Gandhi.
Frequently asked:- Q. What is writs in Indian Constitution?
The Constitution broadly provides for five kinds of "prerogative" writs: habeas corpus, certiorari,
mandamus, quo warranto and prohibition. A Writ is a formal written order issued by a Court.A Writ
Petition can be filed in the High Court (Article 226) or the Supreme Court (Article 32) of India when any
of your fundamental right is violated.
LAW COMMISSION OF INDIA
Law Commission of India is an executive body established by an order of the Government of India.
Its major function is to work for legal reform. Its membership primarily comprises legal experts, who
are entrusted a mandate by the Government. The Commission is established for a fixed tenure and
works as an advisory body to the Ministry of Law and Justice.
In other words, Law Commission of India is neither a constitutional body nor a statutory body. It is
truly an ad hoc and advisory body whose work is to do research and make recommendations for law
reforms such as amendments and updations of prevalent and inherited laws. None of these
recommendations is binding upon the Government.
The first Law Commission was established during the British Raj era in 1834 by the Charter Act of
1833. After that, three more Commissions were established in pre-independent India.
The first Law Commission of independent India was established in 1955 for a three-year term. Since
then, 21 more Commissions have been established.
The term of the 20th Law Commission headed by former Delhi High Court Chief Justice A P Shah
ended on 31 March 2015.
The present Law Commission (21st) was established in 2015 and has tenure to 2018.
Justice Balbir Singh Chauhan, a former judge of the Supreme Court was appointed Chairman of the
21st Law Commission on 10 March.
Justice Chauhan is currently heading the Cauvery River Water Disputes Tribunal.
One of the key issues pending before the Law Commission is a call on amending the Indian Penal
Code (IPC) amid allegations of abuse and arbitrary use of the law.
The Commission is headed by a full-time Chairperson. It membership primarily comprises legal
experts, who are entrusted a mandate by the Government. For example, the 21st Law commission
would be comprised of:-
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1. full-time Chairperson;
2. four full-time Members (including a Member-Secretary);
3. Secretary, Department of Legal Affairs as ex off do Member;
4. Secretary, Legislative Department as ex offcio Member; and not more than five part-time Members.
The Law Commission shall, on a reference made to it by the Central Government or suo-motu,
undertake research in law and review of existing laws in India for making reforms therein and
enacting new legislations.
It shall also undertake studies and research for bringing reforms in the justice delivery systems for
elimination of delay in procedures, speedy disposal of cases, reduction in cost of litigation etc.
The other functions of the Law Commission shall, inter-alia, include:
1. Identification of laws which are no longer relevant and recommending for the repeal of obsolete
and unnecessary enactments;
2. Suggesting enactment of new legislations as may be necessary to implement the Directive
Principles and to attain the objectives set out in the Preamble of the Constitution;
3. Considering and conveying to the Government its views on any subject relating to law and
judicial administration that may be specifically referred to it by the Government through
Ministry of Law and Justice (Department of Legal Affairs);
4. Considering the requests for providing research to any foreign countries as may be referred to it
by the Government through Ministry of Law & Justice (Department of Legal Affairs);
5. Preparing and submitting to the Central Government, from time to time, reports on all issues,
matters, studies and research undertaken by it and recommending in such reports for effective
measures to be taken by the Union or any State; and
6. Performing such other functions as may be assigned to it by the Central Government from time
to time.
Frequently asked:-
Who is the head of 21st Law Commission?
The Union Government has appointed former Supreme Court (SC) judge Justice Balbir Singh Chauhan
(66) as Chairman of the 21st Law Commission of India (LCI).
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PRESSURE GROUPS: TYPES, CHARACTERISTICS AND FUNCTIONS
Pressure Groups: Definition, Types, Elements, Objective, Importance, Characteristics, Disadvantages &
Examples
What is a Pressure Group?
Pressure Groups
» Pressure Groups are organisations that want to influence the Government to act in a certain way.
» They are the interest groups which work to secure certain interest by influencing the public policy.
» Pressure groups are also called Advocacy groups, lobby groups, campaign groups, interest groups, or
special interest groups.
» Pressure groups use various forms of advocacy in order to influence public opinion and/or policy.
» Pressure Groups have played and continue to play an important part in the development of political
and social systems.
» Pressure Groups promote a specific issue and raise it up the political agenda or may have more
general political and ideological objectives in mind while campaigning.
» The role of a pressure group is indirect, ordinarily, invisible and intermittent yet very important part of
an administrative system.
» The pressure groups do not themselves want to form the Government, but they try to influence the
decisions of the Government.
» Thus, every pressure group has three elements:
Elements of Pressure Groups
1. An organised group of people,
2.The common interests and
3.Exercise influence on the decisions of the Government.
» Pressure groups are sometimes referred to as ‘Anonymous Empire’ & ‘legislation behind legislature’
due to their strong presence and influence in the polity.
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Insider and Outsider Pressure Groups
Insider Pressure Groups
» Insider pressure groups are regularly consulted by ministers and civil servants and are trusted by
government departments because they negotiate quietly and unobtrusively for their members.
» Insider pressure groups have access at a high political level, usually contacts of a Government Minister
or an MP, and have some influence on them.
» Examples of insider groups include the National Farmers’ Union, the CBI, the professional associations
and trade associations with detailed knowledge of their area of interest.
Outsider Pressure Groups
» Outsider pressure groups are as their name suggests are outside everyday contact with ministers and
civil servants.
» Outsider groups lack such close and business-like links with government.
» Outsider pressure groups have to rely more on influence on public opinion to get governments to
listen.
» Examples of outsider groups include CND, the Motor Cycle Action Group, the various animal welfare
protest groups, Irish Republican Army in favour of united Ireland seen as illegitimate by Britain. Govt etc
are the examples of outsider pressure groups.
Characteristics or Features of Pressure Groups
» One of the characteristic features of any pressure group is that they try to manipulate governmental
affairs without any intention to have any direct control over it which is one thing that differentiates it
from a political party.
» Pressure Groups influence the policy making for their own specific interests.
» Pressure Groups are related to some specific areas like professional activities.
» They indirectly participate in political activities.
» Pressure Groups influence the political power to a great extent and that is why they are termed as
‘Anonymous Empire’ & ‘legislation behind legislature’
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Methods or Techniques used by pressure groups to achieve their goals
» Pressure groups organise strikes, dharnas, non-cooperation, public demonstrations, signature
campaign and other modes of mass mobilisation. Some of the techniques used bu pressure groups are
as follows:
» Lobbying government and parliament: Persuading public officers to adopt and enforce policies of their
interest.
» Going through a political party: Method employed almost exclusively by insider groups. Groups more
likely to put gentle pressure on opposition party as so many groups lobby government.
» Legal Action: The judicial branch of government can also be used by advocacy groups to exert
influence, especially in states that have codified constitutions (such as the United States)
» Direct Action: Civil Disobedience
» Modern Methods: Using Social Media for mass mobilisation
» The pressure groups working for human causes like peace, environment protection and human rights
etc. adopt a method of building enlightened public opinion and creating a good sense of compassion
and reasoning. They work through organising occasional national campaigns and international solidarity
activities. The movement against AIDS, Terrorism, nuclear bomb etc. are the examples of such
campaigns.
Pressure Groups in India
» In the words of Kochanak, “As the Indian case reveals, the political system itself sets the parameters
for group activities and groups can be understood as part of a larger and more complex set of
relationships which composes the larger political system.” Quite often in India pressure groups are
overweighed by religion, caste and language rather than ideological considerations.
» After independence, there was the dominance of single political party over government for a long time
and role of pressure groups was limited & perceived negative but today their role are taken to be
constructive and democratic.
» The major pressure groups present in India are as follows-
Major Pressure Groups in India
The Business Group
» They are independent of political parties and influence planning licensing bodies and economic
ministers.
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» They help in budget formulation. For example conference of Indian Industries(CII), Association
chamber of commerce, federation of Indian Chamber of Commerce Industry(FICCI).
Peasant's Organisation
» It gained power in 1960's. At Central level, only one All India Kisan Congress exists.
» All India Kisan Sabha (All India Peasants Union, also known as the Akhil Bharatiya Kisan Sabha), was the
name of the peasants front of the undivided Communist Party of India (CPI), an important peasant
movement formed by Sahajanand Saraswati in 1936. It later split into two organisations known by the
same name: AIKS (Ajoy Bhavan) and AIKS (Ashoka Road).
» On territorial basis All Kisan Kamgar, Akil Bhartiya Kisan Sangh.
» The Bhartiya Kisan Party (BKP) in western U.P is most significant.
Student's Organisations
» They pressurise the government on educational issues and various critical issues.
» For example, All Bengal Student Association formed in 1928.
» The All India Student Federation(AISF) in 1936.
» Student's Federation of India, National Union of India, The Akhil Bhartiya Vidhyarti Parishad and
Chhatra Yuva Sangharsh Samiti etc.
Community Association
» They are in context to safeguard respective religion.
» For example Schedule caste federation, Backward caste federation, Rashtriya Swayamsevak Sangh,
Vishwa Hindu Parishad etc.
» Rashtriya Swayamsevak Sangh (RSS) was founded in 1925 by Keshav Baliram Hedgewar, a doctor in the
city of Nagpur, British India.
» The VHP (Vishwa Hindu Parishad) was founded in 1964 by M. S. Golwalkar and S. S. Apte in
collaboration with Swami Chinmayananda.
Linguistic Groups
» These pressure groups promote certain languages.
» For example-Tamil Sangh, Hindi Protection Parishad, Punjabi Sahit Ssabhas etc.
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Tribal (regional groups)
» There are several tribal interest groups have been active in India.
» For example The United Mizo Federal Organisation, The Tribal sang of Assam, The tribal League of
Assam, Jharkhand Mukti Morcha etc.
Professional Groups
» Several professional interest groups like India Bar Association, All India Medical Council, College
teachers etc.
Major Pressure Groups Names in India
Groups Type Groups Names
Business Groups FICCI, CII, ASSOCHAM, AIMO, FAIFDA etc. (institutional groups).
Trade Unions AITUC, INTUC, HMS, CITU, BMS etc.
Agrarian Groups All India Kisan Sabha, Bharatiya Kisan Union etc.
Student’s Organisations ABVP, AISF, NSUI etc.
Religious Groups RSS, VHP, Bajrang Dal, Jamaat-e-Islami etc.
Caste Groups Harijan Sevak Sangh, Nadar Caste Association etc
Linguistic Groups Tamil Sangh, Andhra Maha Sabha etc
Tribal Groups NSCN, TNU, United Mizo federal org, Tribal League of Assam etc.
Professional Groups IMA, BCI, IFWJ, AIFUCT etc
Ideology based Groups Chipko Movement, Women Rights Organisation, India Against
Corruption etc.
Anomic Groups* ULFA, Maoists, JKLF, All-India Sikh Student’s Federation etc.
Media as Pressure Group
» The media is made up of newspapers, radio, magazines, TV, the Internet
» All are influential, although to different extremes
» The media becomes particularly important at election time
» Media scrutiny is very important because it helps to make the government accountable
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» As the opposition (HMO) has a minority of MPs/MSPs, it can be ineffective
» The media lets us know about MPs, Ministers or the government itself and whether or not they are
doing anything wrong
Q. Do pressure groups enhance democracy?
Ans.- Yes •
Advantages of Pressure Groups
» Pressure Groups represent various demands and interests (e.g. pro and anti-fox hunting), and are
therefore a vital element of a pluralist society.
» This also ensures that both sides of an argument are heard.
» Pressure Groups encourage and enable the people to participate in the political process.
» Pressure Groups can also educate and inform the electorate, and thus enhance political education.
» Pressure Groups can help to achieve change within society that strengthens democracy, such as the
civil rights campaign in the united states during the 1960s.
» Decision-makers are made aware of how the public feel about certain issues.
» Trade unions help to counterbalance the considerable power of employers, and in doing so, ensure
that workers are treated fairly.
Q. Do pressure groups enhance democracy?
Ans.- No •
Limitations of Pressure Groups
Outsider groups usually take direct action, which can be illegal and undemocratic (e.g. in the united
states, pro-life campaigners have sent letter bombs to abortion clinics)
Pressure Groups are not elected (and are therefore unaccountable) to the public.
Some Pressure Groups do not even elect their own leaders
Insider Pressure Groups can hold too much influence over government ministers, which can be
detrimental to those who wish to reduce the role of the state.
This argument is closely associated with the new right
The most powerful Pressure Groups tend to represent the interests of big business.
Whilst most demonstrations are peaceful, some demonstrations can turn violent (e.g. the poll tax
riots in 1990).
Some Pressure Groups could be accused of holding the country to ransom.
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List of Pressure Groups working World-wide
People for the Ethical Treatment of Animals
» People for the Ethical Treatment of Animals (PETA) is an American animal rights organization based in
Norfolk, Virginia, and led by Ingrid Newkirk, its international president.
» PETA is a nonprofit corporation with nearly 400 employees, it claims that it has 6.5 million members
and supporters, in addition to claiming that it is the largest animal rights group in the world.
» Its slogan is "Animals are not ours to eat, wear, experiment on, use for entertainment, or abuse in any
other way."
Greenpeace
» Greenpeace is a non-governmental environmental organization with offices in over 40 countries and
with an international coordinating body in Amsterdam, the Netherlands.
» It was founded by Canadian and US ex-pat environmental activists in 1971, Greenpeace states its goal
is to "ensure the ability of the Earth to nurture life in all its diversity" and focuses its campaigning on
worldwide issues such as climate change, deforestation, overfishing, commercial whaling, genetic
engineering, and anti-nuclear issues.
» It uses direct action, lobbying, research, and ecotage to achieve its goals.
Amnesty International
» Amnesty International (commonly known as Amnesty and AI) is a non-governmental organization
focused on human rights that claims to have over 7 million members and supporters around the world.
» The stated objective of the organisation is "to conduct research and generate action to prevent and
end grave abuses of human rights, and to demand justice for those whose rights have been violated."
» Amnesty International was founded in London in 1961, following the publication of the article "The
Forgotten Prisoners" in The Observer on 28 May 1961, by the lawyer Peter Benenson.
» Amnesty draws attention to human rights abuses and campaigns for compliance with international
laws and standards.
» It works to mobilise public opinion to put pressure on governments that let abuse take place.
» Amnesty considers capital punishment to be "the ultimate, irreversible denial of human rights".
» The organisation was awarded the 1977 Nobel Peace Prize for its "campaign against torture," and the
United Nations Prize in the Field of Human Rights in 1978.
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Oxfam
» Oxfam is an international confederation of charitable organizations focused on the alleviation of global
poverty.
» Oxfam was founded at 17 Broad Street in Oxford, Oxfordshire, in 1942 as the Oxford Committee for
Famine Relief by a group of Quakers, social activists, and Oxford academics
» Oxfam believes that poverty and powerlessness are avoidable and can be eliminated by human action
and political will.
» The right to a sustainable livelihood, and the right and capacity to participate in societies and make
positive changes to people's lives are basic human needs and rights which can be met.
The World Wide Fund for Nature (WWF)
» The World Wide Fund for Nature (WWF) is an international non-governmental organization founded in
1961, working in the field of the wilderness preservation, and the reduction of humanity's footprint on
the environment.
» It was formerly named the World Wildlife Fund, which remains its official name in Canada and the
United States.
» The living planet report is published every two years by WWF since 1998, it is based on living planet
index and ecological footprint calculation.
Important Questions asked on Pressure Groups
1. The Pressure groups are:
a. Political organizations b. Economic organization
c. Moral organizations d. Organisations of universal character
2. The Pressure Group tries to promote the interests of their members by exerting pressure on:
a. Executive b. Judiciary c. Legislative d. All of these
3. Which of the following are known as Pressure Groups?
a. Trade unions b. Caste groups c. Tribal organizations d. All of these
4. Which of the following is not a feature of pressure group?
a. It tries to influence from outside b. Its membership is large
c. It actively joins political parties d. Its members can join any number of groups
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5. Which of the following is not a method used by the pressure group for achieving its objectives?
a. It finances political parties b. It organises demonstrations
c. It clearly aligns with a political party d. It tries to influence policy makers
6. Is Greenpeace an INSIDER or OUTSIDER pressure group?
Answer: Outsider
7. Fill in the Blanks
a. The pressure groups adopt __________ methods to pressurise the government.
(liberal/extremist)
b. The _____________ pressure groups are able to get their demands fulfilled. (strong/ weak)
c. The pressure groups try to mould the public opinion by using various ____________ methods.
(publicity/confidential)
MOTIONS IN INDIA PARLIAMENT
Different types of Motions in Indian Parliament
A motion is a proposal by a member of the House for its opinion/decision.
In the parliamentary procedure as defined in Robert's Rules of Order, a motion is a formal proposal
by a member of a deliberative assembly that the assembly takes certain action.
A motion refers to a formal proposal asking the House to take some action.
In Parliament, a motion is required to be made for any discussion with the permission of presiding
officer.
Motions can bring new business before the assembly or consist of numerous other proposals to take
procedural steps or carry out other actions relating to a pending proposal (such as postponing it to
another time) or to the assembly itself (such as taking a recess).
The six most important motions in India parliament are adjournment motion, privilege motion,
censure motion, ‘no-confidence’ motion, calling attention motion and cut motion!
The motion are accepted or rejected on the basis of opinions and discussions in the house among
members.
Adjournment Motion
Adjournment motion in Indian parliament is basically moved for the purpose of discussing a definite
method of utter public importance.
It means to stop the house to proceed to its regular business and first discuss the matter which is of
an urgent kind.
Adjournment motion can be moved only with the consent of the Speaker. Generally, such motions
are discussed in the afternoon at 4.00 p.m.
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The adjournment motion is thus an extraordinary procedure which, if admitted, leads to setting aside
the normal business of the House for discussing a definite matter of urgent public importance.
Privilege Motion
Members of the Parliament, MLA, MLC enjoy special privileges and immunities (e.g privilege against
arrest) individually and collectively so that they can effectively discharge their functions.
The judiciary can't interfere in the internal affairs of the Parliament (Theory of Separation of Power)
When any of these rights and immunities is disregarded, the offence is called a breach of privilege
and is punishable under the law of Parliament or the state legislature.
The motion will be introduced by the opposition if a minister has misled the house by providing
wrong information.
Its purpose is to censure the concerned minister.
A motion moved by a member if he feels that a Minister has committed a breach of privilege of the
House or of any one or more of its members by withholding the facts of a case or by giving a distorted
version of facts etc.
Censure Motion
A censure motion can be moved in the parliament or in a state assembly in India.
It is moved by the opposition against a specific policy of the government or against a minister or
against the whole council of ministers.
If censure motion is passed, no need to resign.
A censure motion can be moved only in the lower house of the parliament or in a state assembly in
India.
The censure motion in itself that does not enjoin a legal obligation to resign but is severely
embarrassing for a government to lose.
‘No-Confidence’ Motion
A motion of no confidence (alternatively vote of no confidence, no-confidence motion, or
(unsuccessful) confidence motion) is a statement or vote that a person or persons in a position of
responsibility (government, managerial, etc.) is no longer deemed fit to hold that position: perhaps
because they are inadequate in some respect, are failing to carry out obligations, or are making
decisions that other members feel are detrimental.
As a parliamentary motion, it demonstrates to the head of state that the elected parliament no
longer has confidence in (one or more members of) the appointed government.
Motions of no confidence against the government can be introduced and passed in the Lok Sabha.
If “No-Confidence” motion passed by a majority vote, the Prime Minister and the Council of
Ministers resigns collectively.
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Lok Sabha can remove the ministry from office by passing a no-confidence motion. The motion is
admitted for discussion when a minimum of 50 members of the house support the motion.
Motion of Confidence
A Motion of Confidence is a motion of support proposed by a government in a parliament or other
assembly of elected representatives to give members of parliament (or another such assembly) a
chance to register their confidence in a government.
The motion is passed or rejected by means of a parliamentary vote (a Vote of Confidence).
Governments often propose a Motion of Confidence to replace a Motion of No Confidence
proposed by the opposition.
Defeat of a Motion of Confidence in a parliamentary democracy generally requires one of two
actions: the resignation of the government, or a request for a parliamentary dissolution and the
calling of a General Election.
Motion of Thanks
Motion of Thanks is a motion in Indian Parliament which follows the address of the President of
India to the joint sitting of Lok Sabha and Rajya Sabha at the commencement of the first session of a
new Lok Sabha and the first session of every year.
The President makes a special address(a statement of government policy that has to be approved
by the Cabinet) to a joint sitting of both Houses. The address is followed by a motion of thanks
moved in each House by ruling party MPs and this is called ‘Motion of Thanks’.
Calling Attention Motion
A member may, with the prior permission of the Speaker, call the attention of a Minister to any
matter of urgent public importance and the Minister may make a brief statement or ask for time to
make a statement at a later hour or date.
Like the zero hour, it is also an Indian innovation in the parliamentary procedure and has been in
existence since 1954.
However, unlike the zero hour, it is mentioned in the Rules of Procedure.
No-Day-Yet-Named Motion
If the Speaker admits the notice of a motion and no date is fixed for its discussion it is called a No-
Day-Yet-Named Motion and a copy of the admitted motion is forwarded to the Minister concerned
with the subject matter of the motion.
Admitted notices of such motions may be placed before the Business Advisory Committee for
selecting the motions for discussion in the House according to the urgency and importance of the
subject-matter thereof, and allotted for the same.
Advisory Committee allots a day or days or part of a day for the discussion of such a motion.
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Cut Motion
Cut motion is a power given to the members of the Lok Sabha to oppose a demand in the Financial
Bill discussed by the government.
If a cut motion is adopted by Parliament and the government does not have the numbers, it is
obliged to resign as per rules of the Lok Sabha.
Cut Motions are moved in the Lok Sabha only.
Cut Motions are part of the budgetary process which seeks to reduce the amounts for grants.
A Cut Motion is a veto used by members of a legislature against a specific allocation in Budget
proposals
Cut Motions can be divided into three categories.
Three types of Cut Motions:-
The most popular and well-known motions which are used by members in connection with the budget
are three. The demand for grants is considered and passed by Lok Sabha. Hence, these motions can be
moved only in Lok Sabha.
1. Policy Cut
Policy Cut or Disapproval of Policy Cut motion is moved so that the amount of the demand be
reduced to Re.1.
A member giving notice of such a motion shall indicate in precise terms the particulars of the policy
which he proposes to discuss.
The discussion should be confined to the specific point or points mentioned in the notice and it shall
be open to members to advocate an alternative policy.
It means to express disapproval of the policy underlying.
2. Economy Cut
Economic cut Seeks that the amount of the demand be reduced by a specified amount representing
the economy that can be affected.
The amount to be reduced is clearly stated and the object is to bring about the economy in the
expenditure.
3. Token Cut
A Token Cut motion is moved so that that the amount of the demand be reduced by Rs.100.
The objective of the motion is to ventilate a specific grievance within the sphere of responsibility of
the Government of India
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wDIFFERENCE BETWEEN THE CONSTITUTIONAL AND STATUTORY BODIES IN
INDIA
» There are two types of bodies working:
1. Constitutional Bodies
2. Extra Constitutional Bodies
1. Constitutional Bodies
Constitutional bodies derive their authority from the constitution. In other words, Constitutional
Bodies are formed by the Constitution which helps the Government to run properly.
Each of these permanent or semi-permanent organisations is responsible for the administration of
specific functions.
It is mandatory for the government to set up such a body and it cannot dispense off with it easily
when it becomes uncomfortable.
Such bodies or institutions are written into the Constitution of a nation and can’t be abolished
without amending that part of the Constitution which sometimes also requires the consent of the
states. And also can be invalidated by the Supreme Court.
All the constitutional bodies have dedicated article in the constitution.
The chief of the constitutional bodies are appointed by either the President or the Prime Minister.
Examples of the Constitutional Bodies mentioned in the Constitution of India are:
Union Public Service Commission (UPSC) (Article 315)
The agency's charter is granted by the Constitution of India. Articles 315 to 323 of Part XIV of the
Constitution, titled as Services Under the Union and the States, provide for a Public Service Commission
for the Union and for each state.
The Comptroller And Auditor General Of India (Article 148)
The CAG is mentioned in the Constitution of India under Article 148 – 151.
The Comptroller and Auditor General (CAG) of India is an authority, established by the Constitution
under Constitution of India/Part V - Chapter V/Sub-part 7B/Article 148, which audits all receipts and
expenditure of the Government of India and the state governments, including those of bodies and
authorities substantially financed by the government. The CAG is also the external auditor of
Government-owned corporations and conducts a supplementary audit of government companies, i.e.,
any non-banking/ non-insurance company in which Union Government has an equity share of at least 51
percent or subsidiary companies of existing government companies.
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Election Commission Of India (Article 324)
The Election Commission of India is an autonomous constitutional authority responsible for
administering election processes in India. The body administers elections to the Lok Sabha, Rajya Sabha,
state legislatures, and the offices of the President and Vice President in the country. The Election
Commission operates under the authority of Constitution per Article 324 and subsequently enacted
Representation of the People Act. The Commission has the powers under the Constitution, to act in an
appropriate manner when the enacted laws make insufficient provisions to deal with a given situation in
the conduct of an election.
Finance Commission Of India
The Finance Commission came into existence in 1951. It was established under Article 280 of the Indian
Constitution by the President of India. It was formed to define the financial relations between the
Centre and the state. The Finance Commission Act of 1951 states the terms of qualification,
appointment and disqualification, the term, eligibility and powers of the Finance Commission.
National Commission For Scheduled Castes (NCSC)
National Commission for Scheduled Castes (NCSC) as provided in Article 338 of the Constitution is an
Indian constitutional body established with a view to provide safeguards against the exploitation of
Scheduled Castes to promote and protect their social, educational, economic and cultural interests,
special provisions were made in the Constitution.
National Commission For Scheduled Tribes (NCST)
National Commission for Scheduled Tribes (NCST) is an Indian constitutional body was established
through Constitution (89th Amendment) Act, 2003. The National Commission for Scheduled Tribes
(NCST) was established by amending Article 338 and inserting a new Article 338A in the Constitution
through the Constitution (89th Amendment) Act, 2003. By this amendment, the erstwhile National
Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions
namely- (i) the National Commission for Scheduled Castes (NCSC), and (ii) the National Commission for
Scheduled Tribes (NCST) w.e.f. 19 February 2004.
Attorney-General Of India (Article- 76)
The Attorney General for India is the Indian government's chief legal advisor and its primary lawyer in
the Supreme Court of India. He is appointed by the President of India under Article 76(1) of the
Constitution and holds office during the pleasure of the President. He must be a person qualified to be
appointed as a Judge of the Supreme Court, Attorney General for India must be a citizen of India and
appointed by the president of India.
53
Special Officer for Linguistic Minorities
The Seventh Constitutional Amendment Act of 1956 inserted a new Article 350-B in Part XVII of the
Constitution. This article contains the following provisions:
1. There should be a Special Officer for Linguistic Minorities. He is to be appointed by the President of
India.
2. It would be the duty of the Special Officer to investigate all matters relating to the safeguards
provided for linguistic minorities under the Constitution
3. He would report to the President upon those matters at such intervals as the President may direct.
The President should place all such reports before each House of Parliament and send to the
governments of the states concerned.
2. Extra Constitutional Bodies
» An extra-constitutional body is an institution of government which is not defined in Constitution of
India.
» Extra-Constitutional bodies or institutions are created either by an act passed in parliament or by the
resolution of a cabinet.
» There are two types of extra-constitutional bodies
1. Statutory Bodies
2. Executive Bodies
Statutory Bodies
» A statutory body is one that derives its existence and authority from a statute (i.e. law)
» Statutory bodies are those extra-constitutional bodies which are created by the act passed in the
parliament of India.
» The goals and objectives of a statutory authority are explicitly set out in the Originating act or in
subsequent governmental guidance or instruction.
» Such bodies are subject to change by a respective change in the law governing them.
» Statutory bodies can simply be abolished by an act of the parliament with the simple majority.
» Some Important Statutory Bodies
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National Human Rights Commission
The Rights Commission (NHRC) of India is an autonomous public body constituted on 12 October 1993
under the Protection of Human Rights Ordinance of 28 September 1993. It was given a statutory basis by
the Protection of Human Rights Act, 1993 (TPHRA).
National Commission for Women
The National Commission for Women (NCW) is a statutory body of the Government of India, generally
concerned with advising the government on all policy matters affecting women. It was established in
January 1992 under the provisions of the Indian Constitution, as defined in the 1990 National
Commission for Women Act.
National Commission for Minorities
National Commission for Minorities (NCM) under the National Commission for Minorities Act, 1992. Six
religious communities, viz; Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jains have
been notified in Gazette of India as minority communities by the Union Government all over India.
Original notification of 1993 was for Five religious communities Sikhs, Buddhists, Parsis, parliament
Christians and Muslims.
National Commission for Backward Classes
National Commission for Backward Classes is under the Ministry of Social Justice and Empowerment
established on 14 August 1993. It was constituted pursuant to the provisions of the National
Commission for Backward Classes Act, 1993. In 2017, a bill seeking to grant constitutional status to the
National Commission for Backward Classes is scheduled to be passed in Parliament. Lok Sabha has
already passed it.
National Green Tribunal
National Green Tribunal Act, 2010 (NGT) is an Act of the Parliament of India which enables the creation
of a special tribunal to handle the expeditious disposal of the cases pertaining to environmental issues.
It draws inspiration from the India's constitutional provision of Article 21, which assures the citizens of
India the right to a healthy environment.
TRAI
The Telecom Regulatory Authority of India (TRAI) is the regulator of the telecommunications sector in
India.
Telecom Regulatory Authority of India was established on 20 February 1997 by an Act of Parliament to
regulate telecom services and tariffs in India. Earlier regulation of telecom services and tariffs was
overseen by the Central Government.
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Central Information Commission
The Central Information Commission (CIC) set up under the Right to Information Act is the authorised
body, established in 2005, under the Government of India to act upon complaints from those individuals
who have not been able to submit information requests to a Central Public Information Officer or State
Public Information Officer due to either the officer not have been appointed, or because the respective
Central Assistant Public Information Officer or State Assistant Public Information Officer refused to
receive the application for information under the RTI Act.
Central Vigilance Commission
Central Vigilance Commission (CVC) is an apex Indian governmental body created in 1964 to address
governmental corruption. It has the status of an autonomous body, free of control from any executive
authority, charged with monitoring all vigilance activity under the Central Government of India, advising
various authorities in Central Government organisations in planning, executing, reviewing and reforming
their vigilance work.
Originally the CVC was neither a constitutional body nor a statutory body. Recently, in September 2003,
the Parliament enacted a law conferring statutory status on the CVC
National Consumer Disputes Redressal Commission
The National Consumer Disputes Redressal Commission (NCDRC), India is a quasi-judicial commission in
India which was set up in 1988 under the Consumer Protection Act, 1986. Its head office is in New Delhi.
The commission is headed by a sitting or retired judge of the Supreme Court of India.
Armed Forces Tribunal
Armed Forces Tribunal or AFT is a military tribunal in India. It was established under the Armed Forces
Tribunal Act, 2007.
Executive Bodies
» Bodies which are created by an executive order of any ministry of union or state are called executive
bodies.
» Executive bodies have no backing of constitution Parliament.
Example: Planning Commission (now replaced by NITI aayog), UIDAI (Aadhar card).
UIDAI (Aadhar card), which when faced controversy is undergoing shift to a statutory body.
Q. What do you mean by extra-constitutional body?
An extra-constitutional body is an institution of government which is not defined inConstitution of India
but are established by a resolution(decision) of union cabinet. For Example Planning Commission,
National Development Council etc.
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Q. Is Election Commission of India a constitutional body?
The Election Commission of India is an autonomous constitutional authority responsible for
administering election processes in India. The body administers elections to the Lok Sabha, Rajya Sabha,
state legislatures, and the offices of the President and Vice President in the country.
Q. Is Finance Commission a quasi-judicial body?
The Commission works as an arbitrator, means to distribute taxes among union and state. Therefore it is
called a quasi-judicial body. But it's recommendations are not obligatory in nature as it is the Parliament
which acts as an apex body to hold or decide the government exchequer.
Q. Is TRAI a statutory body?
The Telecom Regulatory Authority of India (Amendment) Bill, 2008. The Telecom Regulatory Authority of
India (hereinafter referred to as TRAI) is a statutory body set up by the Government of India under
section 3 of the Telecom Regulatory Authority of India Act, 1997.
Q. Is Niti AYOG a constitutional body?
Niti Aayog, like the Planning Commission, is not a constitutional body, which means it too is not
accountable to Parliament.