PRAHAAR

SUMMARY
MAINS WALLAH
Final Hit To CSE Mains 2025

INDIAN POLITY
AND CONSTITUTION
 CONTENTS
1. Historical Background............................................................................................... 3
2. Constitutional Amendments in India......................................................................... 3
3. Preamble................................................................................................................... 4
4. Fundamental Rights.................................................................................................. 5
5. Directive Principles of State Policy............................................................................. 8
6. Fundamental Duties.................................................................................................. 9
7. Citizenship (Part II, Article 5-11)................................................................................ 9
8. Special Provisions for Scheduled and Tribal Areas................................................... 10
9. Indian Federal Structure and Devolution of Powers................................................. 11
10. Separation of Power and Functional Overlapping..................................................... 12
11. Parliament and State Legislatures........................................................................... 13
12. Judicial System in India.......................................................................................... 15
13. Dispute Redressal Mechanism................................................................................. 17
14. Local Self-Government............................................................................................ 19
15. Comptroller and Auditor General (CAG) of India...................................................... 21
16. NCSC, NCST and NCBC.......................................................................................... 22
17. UPSC and SPSC...................................................................................................... 23
18. Election Commission of India.................................................................................. 24
19. Delimitation Commission of India............................................................................ 27
20. Attorney-General of India........................................................................................ 28
21. National Human Rights Commission (NHRC)........................................................... 28
22. Central and State Information Commissions............................................................ 29
23. Central Vigilance Commission (CVC)....................................................................... 29
24. Union Executive and State Executive....................................................................... 30
25. Prime Minister & Chief Minister............................................................................... 33
26. Council of Ministers in Parliamentary System.......................................................... 33
27. Cabinet System in India.......................................................................................... 34
28. The Council of Ministers in India............................................................................. 34
29. Parliamentary Committees...................................................................................... 34
30. Representation of People Act.................................................................................... 35
31. Comparison of the Indian Constitutional Scheme with Other Countries................... 36
 INDIAN POLITY AND CONSTITUTION

Critiques of the Constitution

1. HISTORICAL BACKGROUND
1. Length and Detail: Ensures inclusivity, though deemed
The Indian Constitution symbolizes India’s journey from cumbersome.
colonial subjugation to sovereign democracy. It provides 2. Flexibility vs. Rigidity: Balances stability with
a democratic framework ensuring unity amidst diversity, adaptability.
fostering inclusive governance and a national identity. 3. Borrowed Nature: Adapted global ideas to India’s
Evolution of the Constitution context.
4. Legal Language: Ensures precision despite complexity.
Early Constitutional Developments
5. Federal Bias: Strong Centre required for unity, yet
Starting with the Regulating Act, 1773, British laws gradually
accommodates cooperative federalism.
introduced governance reforms in India. Key Acts like Pitt’s
India Act, Charter Acts, and Indian Councils Acts expanded 6. Copy of 1935 Act: Borrowed administrative structure,
not core principles.
governance and introduced Indian participation, culminating
in direct Crown rule from 1858. British Legacy in Indian Constitution
Key Acts under British Rule Parliamentary system, judicial hierarchy, rule of law,
Governor’s role, and civil services structure reflect British
Ê Indian Councils Act, 1909 (Morley-Minto Reforms):
influence.
Introduced separate electorates for Muslims, expanded
legislative councils, and included Indians in executive
councils.
2. CONSTITUTIONAL AMENDMENTS IN INDIA
Ê Government of India Act, 1919 (Montague-Chelmsford The Indian Constitution, balancing rigidity with flexibility,
Reforms): Introduced dyarchy at provincial level, evolves through Article 368, empowering Parliament to
bicameral legislature at Centre, and Central Public Service amend it. With over 100 amendments, this dynamic provision
Commission. Marked increased Indian participation and ensures adaptability to societal, political, and economic
legislative reforms. changes while preserving core values.
Ê Government of India Act, 1935: Established federal Process of Constitutional Amendment
structure, division of powers, bicameralism, provincial Steps Involved
autonomy, separate electorates, and Federal Court.
Ê Introduced in either House of Parliament by any member.
Though partly implemented, it laid administrative
foundations for future governance. Ê Passed separately in both Houses with a special majority
(Majority of total membership and Two-thirds of members
Ê Indian Independence Act, 1947: Ended British rule,
present & voting)
partitioned India, and empowered Constituent Assemblies
Ê No joint sitting allowed.
to frame constitutions for India and Pakistan.
Ê Requires state ratification if federal provisions are
Constituent Assembly & Women’s Role affected (by 50% states).
The 1946 Cabinet Mission proposed the Constituent Ê Presidential assent is mandatory; cannot be withheld.
Assembly, comprising elected and nominated members. It
drafted the Constitution (1946–1949), led by B.R. Ambedkar Need for Constitutional Amendments
and others. Women like Begum Aizaz Rasul, Vijaya Lakshmi Key Reasons
Pandit, and Durgabai Deshmukh championed secularism, Ê Evolving Social Order – 106th Amendment (2023):
gender rights, and social reforms. Women’s reservation.
Is the Constitution a Copy of the 1935 Act? Ê Strengthening Institutions – 52nd Amendment: Anti-
Defection Law.
Similarities
Ê Technological Advancements – Right to Privacy debates.
Federal structure with strong Centre, provincial autonomy,
emergency provisions; Institutional continuity (Governor, Ê Social Contracts – 73rd & 74th Amendments for local
governance.
Federal Court, PSC).
Ê Structural Adjustments – Removal of Right to Property.
Differences
Ê Practical Needs – 101st Amendment: GST.
Drafted by sovereign Constituent Assembly; Guaranteed
Ê Issues with Amendment Process
Fundamental Rights, universal franchise, parliamentary
democracy; Provided practical autonomy unlike the Major Concerns
unimplemented federalism of 1935. Ê Shift in Power Balance – Risk to federalism.
Ê Majoritarian Concerns – One Nation, One Election debate. Socialist: Post-LPG era socialism aims to balance market
Ê Frequent Amendments – Questioning constitutional forces with welfare. Emphasizes reducing inequality, mixed
stability. economy, and distributive justice through welfare schemes
Ê Limited Public Participation – EWS Reservation (103rd and state intervention.
Amendment). Secular: State maintains religious neutrality while allowing all
Ê Basic Structure Debate – Undefined scope, legal religions equal respect. Secularism in India is accommodative,
ambiguities. differing from Western models. Judicial verdicts like S.R.
Ê State Ratification Issues – Procedural delays. Bommai uphold this principle.
Ê No Dedicated Constitutional Body or Deadlock Republic: An elected head of state ensures power rests
Mechanism. with the people, opposing hereditary privilege. India seeks
substantive equality amidst socio-economic disparities.
Limits on Parliament’s Amending Power
Democratic: Democracy in India encompasses political,
Judicial Safeguards social, and economic spheres. It emphasizes electoral
Ê Keshavnanda Bharti Case: Parliament’s power is subject accountability, participation, and rule of law while facing
to the Basic Structure Doctrine. challenges like electoral reforms and political funding.
Ê Minerva Mills Case: Unlimited amending power violates Justice: Social Justice: Ending discrimination (e.g.,
the Constitution’s core values. Karnataka HC transgender rights case). Economic Justice:
Ê Parliament cannot alter democracy, rule of law, judicial Promoting equity (e.g., PM KISAN income support). Political
review under Article 368. Justice: Ensuring participation and fairness.
Important Constitutional Amendments Significance of the Preamble
42nd Constitutional Amendment Act, 1976 — The Mini Declares people’s sovereignty, defines national character, sets
Constitution goals of justice, liberty, and equality, guides constitutional
This amendment added “Socialist” and “Secular” to the interpretation, and reflects constitutional ideals.
Preamble, introduced Fundamental Duties (Part IVA), Preamble and Objective Resolution
curtailed Fundamental Rights during Emergency, and The Preamble was adopted on 26 November 1949 and is an
enhanced the powers of Parliament over the judiciary and integral part of the Constitution. It explicitly uses the terms
states. It centralized authority, weakened federalism and the “Socialist” and “Secular” and implicitly assumes the federal
judiciary, and emphasized socio-economic justice. structure of the Indian Union.
44th Constitutional Amendment Act, 1978 — Post- The Objective Resolution, adopted on 22 January 1947, was
Emergency Reforms a statement of intent — not legally enforceable. It discussed
The 44th Amendment restored Fundamental Rights restricted the Union of units, autonomy of states, and residuary powers.
during Emergency, made national emergency provisions Both draw authority from the people, emphasize equality,
(Articles 352 and 356) more stringent, reclassified the Right liberty, justice, protect minority rights, and commit to
to Property as a legal right under Article 300A, and reinstated fraternity, integrity, and unity.
judicial review and constitutional checks on Parliament. It
Adjectives Attached to ‘Republic’ in the Preamble
strengthened democracy and constitutional safeguards.
The Preamble declares India a sovereign, socialist, secular,
106th Constitutional Amendment Act, 2023 — Women’s democratic republic.
Reservation
Ê Sovereign: Independent governance without external
The 106th Amendment reserved one-third of seats for women control, upheld by strategic autonomy (e.g., non-
in the Lok Sabha, State Legislatures, and the Delhi Assembly, alignment) and defense self-reliance (e.g., Agni missiles).
including within SC/ST reservations. It promotes gender
Ê Socialist: Commitment to reducing inequality via welfare
equality and political representation, although concerns
schemes (e.g., PM-KISAN, MGNREGA) and public sector
remain regarding the rotational system’s impact on continuity
role.
and the effect on SC/ST sub-quotas.
Ê Secular: Equal respect for all religions, ensured by
constitutional rights (Articles 25-28) and inclusive
3. PREAMBLE cultural practices.
The Preamble reflects the vision of the framers of the Ê Democratic: Power with the people through free elections
Constitution and embodies the core values of Indian polity. and judiciary’s protection of rights (e.g., Section 66A
It serves as a guiding light for constitutional interpretation, struck down).
expressing the ideals of justice, liberty, equality, and Though challenged, these remain core to India’s constitutional
fraternity. The Preamble draws authority from ‘We the People’ identity.
and establishes India as a Sovereign, Socialist, Secular,
Democratic Republic. Amendability of the Preamble
Initially seen as non-amendable (Berubari Case, 1960), the
Core Values of the Preamble
Kesavananda Bharati Case (1973) confirmed its amendability
Sovereign: India is sovereign internally and externally, with without violating the basic structure. The 42nd Amendment
independent foreign policy, supreme constitutional authority, added ‘Socialist’, ‘Secular’, and ‘Integrity’. Recent debates
and legislative autonomy. include replacing ‘Socialist’ with ‘Equitable’.

4 Prahaar Summary 2025

Differences Between Indian, French, and USA Secularism
Basis India France United States
Core Principle “Sarva Dharma Samabhava” – Laïcité – strict separation Negative secularism – strict
inclusive and accommodative from state affairs church-state separation
Religious Expression Permits religious symbols in Bans religious symbols in Allows individual expression;
public spaces public institutions neutrality of officials
State Funding Permits state funding of Prohibits state funding Prohibits direct funding
religious institutions
Personal Laws Allows separate personal laws Uniform civil code enforced No separate personal laws
State Involvement Engages with religious bodies Public institutions strictly Government avoids involvement
for reform and welfare secular
Secularism Nature Positive secularism – reformist Assertive secularism – Negative secularism – non-
exclusionary interventionist

Article 14 guarantees that no person shall be denied equality

4. FUNDAMENTAL RIGHTS before the law or equal protection of laws within India.
Part III of the Indian Constitution (Articles 12-35) enshrines Equality before the law, a British concept, ensures everyone
Fundamental Rights, securing civil liberties for all citizens. is subject to the same law, while equal protection of laws,
They are crucial for maintaining human dignity, freedom, and an American doctrine, mandates that individuals in similar
equality in a democratic society. Inspired by the American circumstances are treated equally. This article prohibits
Bill of Rights, they act as safeguards against arbitrary state arbitrary classification but permits reasonable classification
power and guarantee justice through courts of law. These based on intelligible differentia. Exceptions include immunity
rights are available irrespective of religion, caste, gender, or for the President and Governors and parliamentary privileges.
social status. Equality Before Law Equal Protection of Laws
Features of Fundamental Rights (British) (American)
Fundamental Rights are enforceable by courts, providing All individuals are equal Like individuals in similar
direct recourse to the judiciary in case of violation. They before law without situations must be treated
are subject to reasonable restrictions for maintaining social privileges. alike.
harmony, security, and public order. The judiciary has
Constitutional Perspective on Gender Justice (UPSC 2023)
expanded their interpretation through landmark judgments,
making them dynamic and adaptable to changing societal Ê Gender justice in India is rooted in equality, dignity,
needs. During emergencies, some rights may be suspended, and justice.
except Articles 20 and 21 which protect life, liberty, and due Ê Preamble: Supports justice, equality, and dignity.
process. Ê Fundamental Rights: Articles 14, 15(3), 16 uphold
Definition and Protection of Rights equality.
Ê Article 51A(e): Promotes women’s dignity.
Article 12: Definition of State
Ê DPSPs (39(a), 39(d), 42): Ensure fair pay and conditions
Article 12 defines the term ‘State’ for Fundamental Rights.
for women.
It includes the Union Government, State Governments,
Parliament, State Legislatures, and local authorities like Ê Key Cases: Vishaka Guidelines, Nargesh Meerza, Joseph
municipalities and panchayats. Bodies under government Shine, Anuj Garg, Voluntary Health Association, Equal
control are also deemed ‘State’. The judiciary is considered abortion rights case.
‘State’ when performing non-judicial (administrative) Article 15: Prohibition of Discrimination on Specific
functions, such as recruitment. However, foreign bodies like Grounds
the UN are excluded from this definition. Article 15 forbids discrimination by the State against any
Article 13: Judicial Review citizen solely on grounds of religion, race, caste, sex, or place
Article 13 ensures the supremacy of Fundamental Rights of birth. It also permits the State to make special provisions for
by rendering void any law inconsistent with them. The term women, children, Scheduled Castes (SCs), Scheduled Tribes
‘law’ includes acts of Parliament, ordinances, bylaws, rules, (STs), Other Backward Classes (OBCs), and Economically
regulations, notifications, customs, and usages having Weaker Sections (EWS), as upheld in landmark judgments
the force of law. While constitutional amendments were like Janhit Abhiyan (2022).
initially excluded from its purview, the Supreme Court in Article 16: Equality of Opportunity in Public Employment
the Kesavananda Bharati case (1973) held that amendments Ensures equal opportunity for all citizens in matters of public
violating the Basic Structure — which includes Fundamental employment. Discrimination on religion, race, caste, sex,
Rights — can be struck down. descent, or residence is prohibited. Allows reservation for
Right to Equality (Articles 14-18) backward classes, including EWS, and provides for domicile-
based preferences in specific cases. The provision is critical
Article 14: Equality Before Law and Equal Protection
in promoting social justice while maintaining meritocracy in
of Laws
public services.

Indian Polity and Constitution 5

Cases Related to Reservation except according to a procedure established by law. Expanded
Ê Indra Sawhney (1992): Capped reservation at 50%, by landmark judgments to include right to privacy, clean
introduced creamy layer. environment, health, livelihood, and dignified life.
Ê M. Nagaraj (2006): Allowed SC/ST promotion reservation Recent Issues and their Linkage to Article 21: Right to
with conditions. Life and Personal Liberty
Ê Jarnail Singh (2018): Removed backwardness proof for Event/Issue Linkage to Article 21 Significance
SC/STs, upheld creamy layer.
Right to SC upheld clean Shows
Ê Justice Rohini Commission (2017): Recommended OBC Clean environment as part of sustainable
sub-categorization (report pending). Environment right to life, balancing development
Article 17: Abolition of Untouchability (2022) with development. focus.
Declares untouchability abolished and forbids its practice in Right to Be Linked to privacy and Highlights digital
any form. Any disability arising out of untouchability is an Forgotten personal liberty under rights and
offense punishable by law. Enforced through the Protection (2024) Article 21. privacy.
of Civil Rights Act, 1955, and other legislations. Right to Recognized mental Focus on mental
Article 18: Abolition of Titles Disconnect well-being as part of health and work-
Abolishes titles conferred by the State except military and (2024) personal liberty. life balance.
academic distinctions. Ensures a society based on equality Right to Access to justice is a Points to judicial
and merit, preventing revival of privileges linked to nobility Access right but limited by reforms need.
or colonial distinctions. Justice practical constraints.
(2025)
Right to Freedom (Articles 19-22)
Right to Free Affirmed as state’s Reinforces food
Article 19: Six Fundamental Freedoms Food (2024) duty under right to security as
Article 19 guarantees six essential freedoms crucial for the life. essential for
development of a democratic society: freedom of speech and dignity.
expression, assembly, association, movement, residence, and
profession. These rights, however, are not absolute and are Expanding Scope of Article 21 in a Living Document
subject to reasonable restrictions imposed for safeguarding (UPSC 2023)
public order, sovereignty, security, and morality. Ê Living Constitution: 42nd (Preamble), Maneka Gandhi
(Article 21).
Freedom Grounds for Restriction
Ê Judicial Review: Kesavananda Bharati (1973),
Speech & Sovereignty and integrity of India, the Emergency safeguards (44th Amendment).
Expression security of the State, public order,
Ê Progressive Adaptation: Right to Privacy (2017),
decency, contempt of court, defamation or
Education (21A), LGBTQ+ rights (2018), Workplace
incitement to an offence.
Harassment (1997).
Assembly Sovereignty, integrity, public order Ê Expanded Rights: Clean environment, RTI, Passive
Association Morality, sovereignty, integrity, public Euthanasia, Internet Access.
interest
Right to Clean Environment and Diwali Firecrackers
Movement Public interest, protection of Scheduled (UPSC 2015)
& Residence Tribes Ê Right to Environment under Article 21: Balanced with
Profession Public interest, regulations, fair practice cultural traditions.
Hate Speech and Fundamental Rights (UPSC 2014) Ê Arjun Gopal (2017): Ban on firecracker sales in Delhi-
Ê Freedom of Speech (Art 19(1)(a)): Protected but subject NCR.
to Art 19(2) reasonable restrictions. Ê SC (2018): Green crackers, restricted timings.
Ê Shreya Singhal (2015): Struck down Sec 66A IT Act. Ê Polluter Pays (Vellore, 1996), Subash Kumar (1991):
Ê Hate Speech Cases: Amish Devgan (2020), Pravasi Bhalai Right to clean resources.
Sangathan (2014), Bezbaruah Committee (2014). Ê Concerns: Enforcement, cultural sentiment, economic
Ê Films: Need greater regulation due to emotional and impact.
security impact. Right to Privacy and the Legal Dimensions of Prenatal
Article 20: Protection in Respect of Conviction for DNA Testing (UPSC 2024)
Offences Ê Right to Privacy (Puttaswamy, 2017): Protects autonomy,
Provides protection against ex-post facto laws, double limits state power.
jeopardy, and self-incrimination. It ensures fair trial norms Ê DNA Testing: Section 112, Evidence Act; Goutam Kundu
and prevents misuse of state power in criminal justice (1993); Consent required.
processes. Ê Selvi v. Karnataka (2010), Dipanwita Roy (2015): Privacy
Article 21: Right to Life and Personal Liberty and consent in DNA testing.
Considered the heart of Fundamental Rights, it guarantees Ê DNA Technology Bill (2019): Balances privacy with legal
that no person shall be deprived of life or personal liberty need.

6 Prahaar Summary 2025

Scope of Fundamental Rights in the light of the Supreme state-funded institutions on grounds of religion, race, caste,
Court on Right to Privacy. (UPSC 2017) language, or any of them, ensuring inclusivity and equality.
Ê Fundamental Rights Expansion: Data protection, Article 30: Right of Minorities to Establish and
limits on surveillance, socio-economic rights, judicial Administer Institutions
safeguards.
Grants minorities the right to establish and administer
Ê Key Concerns: Surveillance controversies, private data educational institutions of their choice. Prevents
misuse, inconsistent judicial application, low public discrimination in granting aid to minority institutions,
awareness. protecting their rights to manage affairs while ensuring
Article 21A: Right to Education compliance with regulations ensuring quality education.
Mandates free and compulsory education for children aged Right to Constitutional Remedies (Article 32)
6-14 years. Implemented through the Right to Education Known as the ‘heart and soul’ of the Constitution by Dr.
Act, 2009, it has significantly improved access to education. Ambedkar, Article 32 allows citizens to directly approach
The National Education Policy 2020 expanded focus on early the Supreme Court for enforcement of Fundamental Rights.
childhood and secondary education. The Court can issue writs — Habeas Corpus, Mandamus,
Article 22: Protection Against Arbitrary Arrest and Prohibition, Certiorari, and Quo-Warranto — ensuring the
Detention protection of constitutional rights.
Provides safeguards against arbitrary arrest and detention. Writ Purpose
Guarantees rights such as information on grounds of arrest,
right to legal counsel, and mandatory production before a Habeas Corpus Produce a person held in illegal detention
magistrate within 24 hours. Prescribes special rules for Mandamus Compel performance of public duty
preventive detention to prevent misuse by authorities.
Prohibition Forbid subordinate courts from
Right Against Exploitation (Articles 23-24) exceeding jurisdiction
Article 23: Prohibition of Trafficking and Forced Labour Certiorari Quash illegal judicial or quasi-judicial
Prohibits human trafficking, begar (forced labour), and orders
other similar forms of forced labour. Any contravention Quo Warranto Challenge illegal occupation of public
is punishable by law. The State can, however, impose office
compulsory service for public purposes, provided it does
not discriminate on grounds of religion, race, caste, or class. Restrictions and Exceptions to Fundamental Rights
While Fundamental Rights are vital to democracy, the
Article 24: Prohibition of Employment of Children
Constitution allows certain restrictions and exceptions to
Prohibits employment of children below the age of 14 in balance individual liberty with national security, discipline,
factories, mines, or any hazardous occupation. This is and socio-economic reforms.
reinforced by laws like the Child Labour (Prohibition and
Regulation) Act, 1986. Restriction on Fundamental Rights of Armed Forces
(Article 33)
Right to Freedom of Religion (Articles 25-28)
Parliament can restrict Fundamental Rights of armed forces,
Article 25: Freedom of Conscience and Religion paramilitary, and intelligence agencies to maintain discipline
Guarantees every person the freedom of conscience and the and ensure effective discharge of duties. Though wide in
right to freely profess, practice, and propagate religion, subject scope, such restrictions aren’t absolute and can be judicially
to public order, morality, health, and other fundamental rights. reviewed.
Article 26: Freedom to Manage Religious Affairs Example: Restriction of freedom of speech for military
Grants religious denominations the right to establish and personnel to preserve secrecy.
maintain religious institutions, manage affairs, and own Restriction of Fundamental Rights during Martial Law
property. Subject to regulation by the State on grounds of (Article 34)
public order, morality, and health.
Under martial law, Parliament may restrict Fundamental
Article 27: Freedom from Taxation for Religious Purposes Rights to maintain order. It may also indemnify actions of
Prohibits the State from compelling any individual to pay officials taken to restore peace.
taxes for the promotion or maintenance of a particular Ensures temporary limitation of rights for national security
religion or religious denomination. while providing protection to state actions.
Article 28: Freedom from Religious Instruction in State Exceptions to Fundamental Rights (Articles 31A, 31B,
Institutions 31C)
Prohibits religious instruction in educational institutions
Article Purpose
wholly maintained out of State funds. Exception granted
to institutions established under endowments or trusts 31A Protects land reforms and industrial laws from
requiring such instruction. challenge under Articles 14 & 19.
Cultural and Educational Rights (Articles 29-30) 31B Shields Ninth Schedule laws from FR challenge
(subject to Coelho judgment).
Article 29: Protection of Interests of Minorities
Safeguards the right of citizens to conserve their distinct 31C Protects laws implementing Article 39(b), (c) from
language, script, or culture. Prohibits denial of admission into Articles 14 & 19 challenge.

Indian Polity and Constitution 7

Removal of Right to Property as a Fundamental Right Threat to Diversity Foster debates and
The 44th Amendment removed the Right to Property from transparency.
Fundamental Rights, making it a legal right under Article
Drafting Difficulties Involve legal and social
300A. It allowed easier land acquisition for public welfare
experts.
while ensuring acquisition adheres to due process.
Compensation is still guaranteed for acquisition of minority 6th Schedule & ADC Consider local laws while
educational institution property and small landholders’ drafting.
property. Potential Constitutional Promote awareness and
Conflict consultations.
5. DIRECTIVE PRINCIPLES OF STATE POLICY Need for Uniform Civil Code
The Directive Principles of State Policy (DPSPs) in the Ê Strengthening Secularism: A UCC promotes secularism
Indian Constitution outline the state’s vision for achieving by applying a common set of civil laws to all citizens,
socio-economic justice. Though non-justiciable, they guide irrespective of religion.
governance and policymaking. They are inspired by the Irish Ê Freedom of Choice: It ensures individuals can
Constitution and serve as a bridge between Fundamental choose their partners freely, without caste or religious
Rights (FR) and the realization of social justice. constraints.
Features/Significance of the DPSPs Ê Equality for All: A UCC removes religiously-based
Ê Framework for Governance – Long-term vision for an discrimination in personal laws, ensuring equal rights
egalitarian society. for all.
Ê Bridge the Gap – Help translate Fundamental Rights Ê Promoting Gender Equity: By overriding personal laws, it
into social realities. eliminates gender biases and supports a just social order.
Ê Promote Justice – Social, Economic, and Political. Ê Protecting Vulnerable Groups: The UCC safeguards
Ê Non-Justiciable – Not enforceable by courts. the rights of women and minorities often disadvantaged
under existing personal laws.
Ê Directive in Nature – Guide policymaking.
Ê 2018 Law Commission Recommendation: The Law
Classification of DPSPs Commission suggested codifying existing personal laws
1. Socialist Principles (Arts. 38, 39, 41, 42, 43, 43A, 47) with principles of fairness, equality, and justice, instead
Promote social justice, livelihood rights, fair wages, of enforcing a blanket UCC.
humane work, co-operatives, public health. Examples: PM
Conflict Between DPSP and FR
Vishwakarma Yojana, E-Shram, Labour Codes, PM-GKAY.
2. Gandhian Principles (Arts. 40, 43B, 46, 47, 48) Case Key Ruling
Focus on Panchayati Raj, cottage industries, upliftment of Champakam FRs prevail over DPSPs in case of
SC/STs, prohibition, animal care. Examples: SVAMITVA, Dorairajan (1951) conflict.
SHGs & Khadi, PM JANMAN, Prohibition drives. Golak Nath (1967) FRs can’t be diluted to implement
3. Liberal-Intellectual Principles (Arts. 44, 45, 48A, 49, DPSPs.
50, 51)
Kesavananda Bharati Parliament can amend FRs for
Cover UCC, education, environment, heritage, judicial (1973) DPSPs but not destroy basic
independence, world peace. structure.
Examples: NEP, Mission LiFE, PRASHAD/HRIDAY, G20. Minerva Mills (1980) Balance between FR and DPSP is
Uniform Civil Code (UCC): Path towards a Unified Nation essential.
The UCC, a DPSP, aims for uniform personal laws to Olga Tellis (1985) Integrated right to livelihood
strengthen secularism, equality, gender justice, and protect under Article 21.
vulnerable groups. Unnikrishnan (1992) Right to education linked to right
Key Developments & Legislations to life.
Ê Pre-Independence: Lex Loci Report (1840), Queen’s I.R. Coelho (2007) Judicial review of 9th Schedule
Proclamation (1859), BN Rau Committee (1941). laws after Kesavananda Bharati.
Ê Post-Independence: Hindu Succession Act (1956), Special
Implementing UCC: Uttarakhand’s Lead, Gujarat’s
Marriage Act (1954), DPSP inclusion.
Plans
Ê Law Commission (2018): Advocated codification of
Uttarakhand’s UCC Implementation: The first Indian state
existing personal laws over a full UCC.
post-independence to enact a UCC, Uttarakhand’s law covers
Challenges and Way Forward for UCC marriage, divorce, adoption, and inheritance, emphasizing
Challenges (UPSC 2015) Way Forward/Solution gender equality and secularism. It mandates registration
of live-in relationships, bans polygamy, and prohibits child
Religious Interference Introduce in stages to allow marriage.
adaptation.
Gujarat’s Move Towards UCC: Gujarat has set up a
Minority Apprehensions Prioritize equity in committee for drafting a UCC, reflecting growing momentum
codification. for state-level reforms.

8 Prahaar Summary 2025

 Citizenship Amendment Act (CAA) 2019
6. FUNDAMENTAL DUTIES
The Citizenship Amendment Act, 2019 amended the
Inserted by the 42nd Amendment Act, 1976 on Swaran Singh Citizenship Act, 1955, to offer Indian citizenship to persecuted
Committee’s recommendation, Fundamental Duties (Article religious minorities—Hindus, Sikhs, Buddhists, Jains, Parsis,
51A) aim to instill moral responsibility and citizenship spirit. and Christians—from Pakistan, Bangladesh, and Afghanistan
Though non-justiciable, they promote patriotism, uphold who entered India before 31 December 2014. The Act exempts
constitutional values, protect the environment, and foster them from provisions of the Foreigners Act and Passport Act,
social harmony. and reduces the residency requirement for naturalization
from 11 years to 5 years.
Rights and Duties: A Complementary Relationship
Arguments in Favour of the Act
Rights empower citizens; duties guide responsible behavior.
Together, they sustain a healthy political system. The Ê Provides humanitarian relief to persecuted minorities.
Constitution emphasizes this balance for a strong democratic Ê Helps distinguish genuine refugees from illegal
society. immigrants.
Key Supreme Court Judgements Criticisms and Concerns
Ê A.I.I.M.S. Students’ Union v. A.I.I.M.S.: Affirmed the Ê The cut-off date of 31 December 2014 is considered
importance of duties alongside rights. arbitrary.
Ê Rural Litigation v. State of U.P.: Expanded duties to Ê Religion-based criteria raise concerns about India’s
include environmental obligations. secular credentials.
Ê Ranganath Mishra Case (2003): Advocated legal and Ê No clear mechanism to verify claims of religious
social enforcement of duties. persecution.
Ê Excludes persecuted minorities from other countries and
Benefits, Challenges, and Criticisms of Rights- religions.
Duties Synchronization Ê May strain diplomatic relations with neighboring
Aspect Key Points Examples/ countries.
Remarks Citizenship (Amendment) Rules 2024
Benefits Encourages responsibility, Supports The Ministry of Home Affairs notified these rules to
safeguards liberty, builds civic duty and operationalize the CAA, providing a structured application
social capital, promotes peace. public welfare. process for eligible individuals.
Challenges Enforcement difficulty, E.g., education Eligibility to Apply
rights-duties conflicts, vital for Ê Individuals of Indian heritage.
vagueness, rights fulfilling
Ê Spouses and children of Indian citizens.
preconditions. duties.
Ê Individuals with historical ties to India.
Criticisms List incomplete, vague Limits their
wording, reflective of common practical Application Requirements
morals, not enforceable. impact. Ê Submission of verified personal details and character
references.
Laws Supporting Fundamental Duties
Ê Proficiency in any Indian language listed in the 8th
Ê Prevention of Insults to National Honour Act, 1971 –
Schedule.
Sovereignty and integrity.
Ê Protection of Civil Rights Act, 1955 – Social harmony. Simplified Application Process
Ê Bharatiya Nyaya Sanhita, 2023 – Respecting others’ Ê Acceptance of various proof documents including visas,
rights and public property. permits, and Aadhaar.
Ê Wildlife (Protection) Act, 1972 & Forest (Conservation) Ê Mandatory renunciation of prior citizenship upon
Act, 1980 – Environmental protection. approval.
Ê Other Acts: Prevention of Damage to Public Property Act, Ê Online submission through District Level Committees to
UAPA, Dowry Prohibition Act, SITA. Empowered Committees.
Issuance of Citizenship Certificates
7. CITIZENSHIP (PART II, ARTICLE 5-11) First set of citizenship certificates issued in May 2024 to
applicants in Delhi, West Bengal, Haryana, and Uttarakhand.
Citizenship defines the legal relationship between individuals
and the state, outlining rights, privileges, and duties. Part II Supreme Court Verdict on Section 6A
(Articles 5-11) of the Indian Constitution and the Citizenship The SC upheld Section 6A’s constitutional validity, linked to
Act, 1955 govern acquisition, renunciation, and termination the Assam Accord, balancing Assam’s identity with national
of citizenship. integrity.
Evolution of Citizenship and Major Amendments Dual Citizenship & Overseas Citizenship of India
The Citizenship Act, 1955 established five acquisition (OCI)
modes: Birth, Descent, Registration, Naturalization, and India disallows dual citizenship (Article 9) but grants OCI
Incorporation. Amended in 1986, 2003, and 2019. status with limited rights (residency, investment, etc.).

Indian Polity and Constitution 9

OCI cardholders face restrictions like no voting rights and Challenges and Way Forward for PESA
restrictions on government posts.
Challenges Way Forward
OCI Re-issuance Rules 2023 simplified post-20 and post-50
passport updates. Lack of 3 Fs Train elected leaders for effective
(Funds, Functions, Gram Sabha functioning.
Comparison Between Indian and USA Citizenship Functionaries)
Aspect United States India Bureaucratic Enhance legal awareness among
interference officials and communities.
Legal Basis 14th Amendment Citizenship Act,
of the U.S. 1955 Low public Promote tribal rights through
Constitution awareness civil society initiatives.
Principle Jus soli Jus sanguinis Land acquisition Ensure strict PESA
(citizenship by (citizenship by without Gram Sabha implementation.
birth) descent) consent
Dual Permitted Not permitted Conflicting state laws Reform forest and land laws to
Citizenship protect tribal rights.
Naturalization Available after Available after 12 Forest Rights Act vs PESA
5 years (3 if years (1 year before The FRA (2006) secures land and resource rights for STs and
married to US application) OTFDs across India, focusing on forest dwellers’ individual
citizen) and community rights. PESA (1996) empowers Gram Sabhas
Birthright Granted to Granted if at least in Fifth Schedule Areas, ensuring local self-governance over
Citizenship anyone born on one parent is an natural resources and development.
US soil Indian citizen
Sixth Schedule Areas
Revocation Possible for Possible for fraud Applicable to Assam, Meghalaya, Tripura, and Mizoram, the
fraud or security or acquiring foreign
Sixth Schedule grants autonomy via District and Regional
reasons citizenship
Councils. Councils exercise legislative, judicial, developmental,
Overseas Not applicable OCI grants limited and financial powers, subject to the Governor’s oversight.
Citizenship rights without full
citizenship Key Features of Administration
Ê The governor defines district boundaries.
8. SPECIAL PROVISIONS FOR SCHEDULED Ê Autonomous District/Regional Councils manage local
governance.
AND TRIBAL AREAS
Ê Councils legislate on land, customs, and administration.
Part X (Article 244) of the Constitution provides a distinct Ê They have judicial powers within limits set by the
administrative framework for Scheduled and Tribal Areas. Governor.
The Fifth Schedule governs Scheduled Areas, while the Sixth Ê Councils manage development and levy taxes.
Schedule governs Tribal Areas in Assam, Meghalaya, Tripura,
and Mizoram. Ladakh’s Demand for Sixth Schedule Status
Ladakh seeks inclusion under the Sixth Schedule for
Fifth Schedule Areas protection of tribal identity, local self-governance, and to
Scheduled Areas enjoy special governance, with both state prevent exploitation of resources post-UT status.
and central oversight. The President notifies these areas
Challenges and Way Forward in Sixth Schedule Areas
considering tribal population, geographical compactness,
administrative viability, and economic disparity. Governors Challenges Way Forward
have powers to adapt laws, make regulations, and must Limited financial autonomy Ensure funds via State
report annually to the President. Finance Commission.
Key Features of Administration Governor’s overriding Restrict discretionary
Ê Tribes Advisory Council advises governors. authority powers.
Ê Governors may modify or exclude laws for these areas. Uneven power among Standardize powers and
Ê The President appoints a commission every ten years ADCs responsibilities.
(Article 339). No timeline for ADC Mandate elections within 6
Ê Centre can direct states on tribal welfare (Article 339(2)). elections months of dissolution.
Ê Amendments to Schedules do not require Article 368. Delay in department Streamline department
handover transfers.
Panchayats (Extension to Scheduled Areas) Act, 1996
Poor women & minor tribes Reserve seats for women
PESA extends Panchayati Raj to Scheduled Areas, granting representation and small tribes.
Gram Sabhas authority over land acquisition, minor forest
produce, customs, and local governance. It safeguards Lack of formal role for Recognize village-level
traditional rights and empowers local communities. traditional bodies tribal institutions.

10 Prahaar Summary 2025

 Ê Bicameralism: Rajya Sabha as states’ representative.
9. INDIAN FEDERAL STRUCTURE AND
Ê Inter-State Relations Mechanisms: Inter-State Council
DEVOLUTION OF POWERS (Article 263).
Indian federalism blends cooperative, competitive, and Centralising Provisions (UPSC 2020)
asymmetric federalism. It balances unity with diversity Ê Indestructible Union of Destructible States: Articles 1 &
through a dual government system, division of powers, 3 allow reorganization.
an independent judiciary, bicameralism, and inter-state
Ê Residuary Powers: Article 248 vests these in the Centre.
relations mechanisms. Yet, centralising tendencies and fiscal
tensions challenge Centre-State relations. Ê Emergency Provisions: Articles 352, 356, 360 enhance
Centre’s control.
Federal Principles in the Indian Constitution Ê Central Laws on State Subjects: Under specific conditions.
Federal Features (UPSC 2014) Ê Binding Directives: Articles 256, 257 ensure compliance.
Ê Dual Government System: Centre and State governments. Ê Financial Imbalance: Revenue-centralised, expenditure-
Ê Division of Powers: Defined in the Seventh Schedule. decentralised.
Ê Written Constitution: Amended under Article 368(2). Ê Control over All-India Services: IAS, IPS, IFS under
Ê Independent Judiciary: Centre-State dispute resolution Centre.
(e.g., Karnataka v. Union, 1977). Ê Other Features: Single Constitution, citizenship.

Indian Federalism SWOT Analysis

Strengths Weaknesses Opportunities Threats
Clear power division Fiscal imbalance Cooperative federalism Regionalism (e.g., Gorkhaland)
Independent judiciary Over-centralization during Empowerment of local Centre-state friction
emergencies governments
Strong constitutional Limited state role in key Inter-state collaboration Judicial overreach
backing services (IAS/IPS)
Water-sharing disputes
Indian vs USA Federalism: Key Differences
Feature India USA
Nature of Federalism Quasi-federal with unitary tilt True federalism
Source of Authority Derived from Constitution States pre-existed Union
Formation of States Parliament can alter state boundaries Voluntary union of states
Distribution of Powers Three lists (Union, State, Concurrent) Clear federal-state powers
Supremacy Constitution supreme; Centre strong Constitution supreme; federal-state balance
Role of Judiciary SC is guardian of Constitution SC ensures federal balance
Amendment Process Parliament mostly States’ approval required
Emergency Provisions Centre overrides State powers No such override
Citizenship Single Dual
Financial Powers Centre fiscally stronger States have fiscal autonomy
Inter-Governmental Relations Cooperative and competitive Mostly competitive
Asymmetric Federalism in India
Conflicting Jurisdictions NEP 2020 opposed by
India’s asymmetric federalism grants special powers to Tamil Nadu
certain states for cultural, historical, or political reasons.
Inefficient Coordination COVID-19 vaccine
This fosters unity, promotes social justice, preserves distinct
distribution issues
identities, and counters regional alienation. Examples
: Article 371: Special provisions for various states. Sixth Politicisation of Federal Governors delaying bills,
Schedule: Autonomous District Councils in select NE states. Roles CBI probes
Fifth Schedule: Scheduled Areas with special governance. Assertion of Cultural Tamil Nadu’s separate
Identity rupee symbol
Centre-State Relationship & Contemporary
Challenges Planning Without Local Centrally Sponsored
Context Schemes criticism
Key Challenge Example
Inter-State River Water Disputes in India
Fiscal Centralisation Delay in GST
Shared rivers often spark disputes among states over
compensation
water allocation. The Constitution (Article 262) empowers

Indian Polity and Constitution 11

Parliament to adjudicate such disputes and exclude judicial Confrontation Tax Disputes (GST Federal
intervention. Despite tribunals, political interference, state delays), Governor- Harmony
bifurcation, scarcity, and climate change continue to fuel State Conflicts, Rise Erosion,
conflicts. of Regional Parties, Governance
Dispute Issue Status Regionalism (Language Instability
& Water disputes)
Mahanadi Odisha vs Tribunal report
Chhattisgarh - Water pending (2025)
release dispute 10. SEPARATION OF POWER AND
Cauvery Karnataka vs Tamil CWMA monitoring; FUNCTIONAL OVERLAPPING
Nadu - Water sharing SC involvement India’s democracy reflects the Separation of Powers principle
Challenges and Way Forward in Water Disputes — ensuring checks and balances among the Legislature,
Executive, and Judiciary, though with overlaps adapted for
Persistent issues include legal ambiguity, enforcement gaps, governance.
tribunal delays, and political manipulation. Solutions require
robust enforcement mechanisms, basin-level management, Constitutional Provisions Ensuring Separation of
ecological balance, and depoliticized adjudication. Powers
Demand for Smaller States in India Ê Article 50 – Directive to separate judiciary and executive.
Smaller states are often demanded for better governance, Ê Parts V & VI – Define Union & State powers across
fiscal management, addressing regional disparities, and branches.
ensuring inclusive growth. However, issues like mixed Ê Articles 121 & 211 – Ban legislative discussions on
developmental outcomes, leadership gaps, financial strain, judges’ conduct.
and central dependence must be considered. Ê Articles 122 & 212 – Courts cannot question legislative
Way Forward for Managing Statehood Demands proceedings.
Establish objective criteria for statehood, conduct Ê Office of Profit & 91st Amendment – Limit overlap; cap
comprehensive regional assessments, focus on Council of Ministers at 15% of House strength.
decentralization, ensure fiscal sustainability, and promote Ê Articles 98 & 146 – Administrative autonomy for
inter-state cooperation. Parliament & Judiciary.
Recent Issues in Federalism: Fiscal and Governance Importance of Separation of Powers
Disputes Ê Safeguard against despotism
Fiscal Federalism Row Ê Maintain efficiency in administration
Southern states allege unfair fiscal transfers and central Ê Safeguard against arbitrariness
dominance post-GST. Limited GST autonomy, constrained Ê Safeguard against dictatorship tendencies
borrowing, and local body dependence weaken cooperative
Ê Check on functions of other organs
federalism. The Finance Commission must reassess
distribution formulas and empower states. Models of Separation of Powers
Delhi Governance Tussle (GNCTD Amendment Act, 2023) Strict Model – USA: Clear division.
Despite SC rulings, the 2023 Act reinforced LG’s power in Flexible Model – India, UK: Practical overlaps.
Delhi, curbing the elected government’s authority, sparking Functional Overlaps & Reform Measures
federal debates. Critics cite it undermines governance
autonomy and accountability. A balanced governance model Executive-Legislature Overlap
with clear power-sharing is needed. Overlap Solutions
Cooperation, Competition & Confrontation in President heads Empower Lok Sabha Secretariat &
Federal Structure both CAG
Aspect Positive Role Limitations Ordinance powers Strengthen Parliamentary
Cooperation Inter-State Lack of Committees
Coordination (e.g., Consensus,
Ministers as Revive Committees for oversight
Joint disaster Resource
legislators
management), Centre- Inequity,
State Initiatives (e.g., Jurisdictional Delegated Define limits, enhance scrutiny
NHM) Overlaps legislation
Competition Economic Growth (Ease Unequal No-confidence Electoral reforms, inner-party
of Doing Business, $1 Development, motion democracy
trillion goals), Social National Goal Whip system Freer voting, reduce dominance
Innovations (Delhi’s Fragmentation,
SMCs) Poor Weak scrutiny Encourage Public Interest Groups
Coordination Domain overreach Judicial review, constitutional checks

12 Prahaar Summary 2025

Judiciary-Legislature Overlap Judicial Activism, Separation of Powers & Public
Interest Litigation
Overlap Solutions
Judicial activism, though aimed at upholding constitutional
Judicial review of Use sparingly; respect legislative values and protecting rights, often triggers debates on the
laws intent principle of separation of powers. While courts play a key role
PILs in policy Set strict PIL guidelines in addressing governance gaps, unchecked activism can lead
matters to policy clashes and governance disruptions.
Legislature Respect judicial independence Justification for Public Interest Litigation (PIL)
limiting judiciary Ê Executive Inaction: Addresses failures of the government.
Judicial guidelines Legislature to act timely Ê Protection of Rights: Safeguards fundamental rights (e.g.,
Right to Privacy, 2017).
Judicial policy Clarify roles, foster coordination
intervention Ê Legislative Delay: Courts bridge urgent policy gaps.
Ê Social Issues: Raises neglected societal concerns (e.g.,
Judiciary-Executive Overlap
Olga Tellis case).
Overlap Solutions Ê Governance Gaps: Immediate relief (e.g., Vishaka
Collegium Transparent, broad-based process guidelines on workplace safety).
appointments Judicial Activism & Democratic Ideals
Tribunals with Define jurisdiction, ensure judicial Positive Aspects
judicial role heads
Ê Constitutional Supremacy: Upholds core values (e.g.,
Executive immunity Reassess for accountability NJAC struck down, 2015).
Mercy powers Judicial consultation, transparency Ê Fundamental Rights Expansion: Strengthens Right to
Contempt power Clear, fair invocation standards Life (e.g., Puttaswamy, 2017).
Ê Electoral Transparency: NOTA introduced (PUCL case,
Why Coordination is Necessary 2013).
Ê Lawmaking – Judicial interpretation aids lawmaking. Ê Social Justice: Enhances access to justice (e.g., Vishaka
Ê Implementation – Judiciary-Executive coordination. Guidelines).
Ê Crisis Response – United action during emergencies. Ê Executive Check: Strikes down unconstitutional laws
Ê Public Trust – Respect for institutional domains. (e.g., Section 66A, Shreya Singhal, 2015).
Ê Global Issues – Collective response to transnational Concerns
challenges. Ê Breach of Separation: Judiciary intervenes in legislative/
Ways to Improve Coordination executive roles (e.g., Firecracker ban, 2018).
Ê Formal communication and joint conferences between Ê Subjectivity: Decisions vary with judges (e.g., Same-sex
different organs of government. marriage judgments).
Ê Secondment programs allowing exchange of officers Ê Pendency: Activism overload increases judicial delays
between branches for better understanding (81,000+ cases pending in SC, 2025).
Ê Memorandums of Understanding (MoUs) outlining
cooperation in key areas 11. PARLIAMENT AND STATE LEGISLATURES
Ê Strengthening Parliamentary Committees for effective Parliament and State Legislatures are pillars of Indian
legislative oversight democracy, crucial for law-making, holding the executive
Ê Respect for judicial rulings to uphold the rule of law accountable, financial oversight, and representing the
and constitutional governance people. However, their functioning faces challenges needing
institutional reforms.
Doctrine of Checks and Balances
Ê Judicial Review (Article 13) Key Features of Parliamentary System
Ê Boundaries on judicial procedures Feature Explanation
Ê Executive’s role in judicial appointments Collective Council of Ministers responsible to Lok
Ê Legislative-Executive link in parliamentary system Responsibility Sabha
Examples of Checks and Balances Dual Executive President: Nominal, PM: Real Executive
Branches Checks Fusion of Power Executive is part of Legislature
Legislative vs President summons Parliament; Political Usually same party in Executive &
Executive Parliament can impeach President Homogeneity Legislature
Executive vs Executive appoints judges; Judiciary Functions of Parliament
Judiciary reviews executive actions Ê Law-making, constitutional amendments.
Legislature vs Parliament impeaches judges; Ê Executive accountability via motions, questions.
Judiciary Judiciary strikes unconstitutional laws Ê Electoral role in constitutional offices.

Indian Polity and Constitution 13

Ê Financial control via budget, committees. Judicial interpretations Periodic review &
Ê Quasi-judicial roles like impeachments. regulate privileges constitutional clarity
Ê Information through questions, committees. Separation of powers Digital transparency of
Challenges in Functioning concerns privilege motions
Ê Declining productivity due to disruptions. Women in Politics
Ê Erosion of norms, indiscipline. Ê Low representation (13.6 percent elected in 18th Lok
Ê Poor legislative scrutiny, reduced committee referrals. Sabha)
Ê Bypassing processes using ordinances, money bills. Ê Significance: Inclusive governance, global commitments.
Ê Low representation, weak opposition voice. Ê Challenges: Patriarchy, finance, stereotyping.
Ê Uncodified privileges, lack of transparency. Ê Measures: Quotas, internal democracy, leadership
promotion.
Suggested Parliamentary Reforms
Ê Fix minimum sittings. Anti-Defection Law
Ê Codify privileges. Ê Added by 52nd Amendment, aimed at curbing political
corruption.
Ê Revise anti-defection law.
Ê Issues: Limits freedom, accountability, speaker’s bias,
Ê Strengthen committees, ensure continuity.
merger clause flaws.
Ê Leverage technology, impact assessment.
Ê Reforms: Independent tribunal, timelines, judicial role,
Factors Leading to Cabinet Dominance and bar defectors, revisit electoral bonds.
Parliamentary Marginalisation Recent Cases & Concerns
Ê Concentration of Power: Cabinet dominance undermines
Recent Cases
Article 75’s collective responsibility.
Ê Maharashtra Crisis (2022-24): SC criticizes Speaker’s
Ê Executive Control Over Legislation: Executive dominates
delay in disqualification.
legislative process; only 14 private members’ bills passed
since 1952. Ê HP RS Polls (2024): Cross-voting MLAs disqualified;
matter under SC scrutiny.
Ê Bypassing Parliamentary Committees: Bills like CAA
2019 bypassed Standing Committees, weakening Recent Concerns
legislative scrutiny. Ê Limits autonomy (Kihoto Hollohan, 1992).
Ê Ordinance Route Overuse: Frequent use under Article Ê Ordinances bypass Parliament.
123 sidelines Parliament’s legislative authority. Ê Weak committee referral (only 16% in 17th LS).
Ê Reduced Parliamentary Sittings: Decline from 677 (1st Ê Disruptions, lack of research, centralised party control.
LS) to 274 (17th LS) limits executive accountability.
Consequences of Weak Parliamentary Debates
Parliamentary Privileges and SC Verdict
Ê Rushed law-making, poor policy scrutiny, ordinance
Ê Historical roots in British Parliament. overuse, neglect of regional concerns.
Ê Immunity for legislative duties (Art 105 & 194).
Speaker’s Role & Reforms
Ê Sita Soren Case (2024): No immunity for bribery;
Ê Functions: Presides, maintains order, rules on money
functional necessity test; criminal courts jurisdiction
bills, anti-defection.
upheld.
Ê Concerns: Bias, money bill misuse, judicial review
Parliamentary Privileges - Issues & Reforms limitations.
Ê Historical practice, lack of consensus. Ê Reforms: UK model, institutional mechanism, neutrality,
Ê Fear of misuse, separation of powers. shift disqualification power.
Ê Reforms: Hybrid codification, independent commission, Speaker’s Role & Reform Suggestions
periodic reviews, constitutional amendments.
Arguments For “Once a Arguments Against
Opposition Role & Reforms
Speaker, Always a Speaker”
Ê Voice for people, accountability, policy checks.
Ensures neutrality, Undermines democratic
Ê Challenges: Weak numbers, defections, lack of unity. institutional integrity accountability
Ê Reforms: Recognize largest party, anti-defection
Shields from party pressures Risks rigidity, lacks
strengthening, Speaker’s impartiality.
flexibility
Parliamentary Privileges: Codification Debate Enhances scrutiny and May hamper procedural
Reasons for Non- Suggested Remedies public trust reforms
Codification Parliamentary Scrutiny
British legacy of unwritten Hybrid model of core Ê Methods: Debates, question hour, committees, financial
privileges codification scrutiny, special motions.
Fear of misuse and lack of Independent commission Ê Challenges: Reduced sittings, disruptions, fewer bill
consensus review referrals, increasing complexity of bills , lack of R

14 Prahaar Summary 2025

 and D expenditure with parliamentarian for policy Ê Special Powers: Articles 136 & 142 expand judicial
research. reach.
Ê Reforms: Active opposition, expert support, new Judiciary’s Constitutional Functions
committees, major report discussions, Independent
Budget office for parliament to support legislatures. Protector of Fundamental Rights
Ê Writ jurisdiction (Art 32, 226).
Rajya Sabha’s Transformation from ‘Stepney Tyre’
Ê Judicial review of laws (Art 13).
to Vital Organ
Contributions: Federal representation, stronger committees, Guardian of the Constitution
national debates, expert inputs, regional balance. Ê Checks executive/legislative arbitrariness.
Drivers of Change: Judicial backing (Kuldip Nayar, 2006), Ê Interpretation of constitutional provisions.
coalition politics, opposition strength, media coverage. Check on Power Balance
Key Examples: Deeper scrutiny of Triple Talaq, GST, J&K Ê Ensures governance within constitutional limits.
Reorganization, national security debates.
Judicial Independence: Constitutional Safeguards
12. JUDICIAL SYSTEM IN INDIA Ê Articles 124, 214, 215: Establishment & appointments
ensuring autonomy.
The Indian judiciary plays a pivotal role in upholding Ê Articles 50, 121, 211: Separation of Powers & legislative
constitutional values, acting as the protector of rights, and limitations.
maintaining checks and balances in governance. Despite its
Ê Financial & Administrative Autonomy: Articles 125,
robust structure and wide-ranging powers, it faces significant
146, 229.
challenges that demand urgent reforms.
Ê Judicial Review: Articles 32, 226.
Supreme Court of India: Structure and Jurisdiction
Ê Security of Tenure: Strong impeachment process.
Constitutional Court Ê Case Examples: NJAC (2015), Right to Privacy (2017).
Ê Apex body under Articles 124–147.
Basic Structure Doctrine: Safeguarding Democracy
Ê Original jurisdiction in constitutional matters.
Ê Upholds the Constitution and fundamental rights. Key Cases Outcome
Ê Judicial review authority over legislative and executive Shankari Prasad (1951) Parliament can amend FRs
actions. Golaknath (1967) Parliament can’t amend FRs
Court of Appeal Kesavananda Bharati Parliament can’t alter Basic
Ê Highest appellate body. (1973) Structure
Ê Discretionary power under Article 136. Minerva Mills (1980) Reinforced Basic Structure
Ê Appellate jurisdiction in constitutional, civil, and criminal Doctrine
matters. I.R. Coelho (2007) Acts under 9th Schedule
Key Challenges & Reforms for the Supreme Court subject to review
Significance & Criticism
Challenges Way Forward
Ê Preserves constitutional identity.
Massive case backlog E-filing, video conferencing,
Ê Judicial independence reinforced.
virtual hearings
Ê Criticized for subjectivity & judicial overreach.
Judicial activism vs Maintain judicial independence
restraint Comparative Judiciary: India, USA, UK
Uncle Judge Transparent appointments, Aspect India USA UK
syndrome accountability
Judicial Integrated Federal Integrated
Judicial-executive Clarify roles, improve System
conflict coordination
Jury System No Yes Yes
Lack of judicial Reintroduce Judicial Standards
Appointment Collegium President- Commission-
accountability & Accountability Bill
Senate led
Supreme Court’s Expanding Role Retirement SC: 65 Life term No limit
Ê Judicial Activism & PILs: Landmark cases like Vishaka
Jurisdiction Wide Limited Parliamentary
(1997) and Bandhua Mukti Morcha (1984).
supremacy
Ê Rights Interpretation: MC Mehta (1986) on environment
rights. Judicial Review Yes Yes Limited
Ê Judicial Review: Kesavananda Bharati (1973), Basic Judicial Pendency: Causes & Solutions
Structure Doctrine.
Causes Details
Ê Global Recognition: Proactive role in human rights (e.g.,
Personnel Vacancies, low judge-to-population ratio
2018 homosexuality decriminalisation).
Ê Collegium System: Post-second judges case (1993). Administration Adjournments, low working days

Indian Polity and Constitution 15

Infrastructure Inadequate courtrooms, low funding Examples PILs, suo- Policy directives Respecting
Other Poor investigations, government litigation motu limits
Solutions Transparent Check arbitrary Ensure
Solutions
activism actions oversight
Ê Ad-hoc judges, bifurcation of SC functions, e-courts,
increased working days. Rise of PIL and Empowerment of the Indian
Supreme Court
Ê SC directive on ad-hoc appointments (2025).
The rise of Public Interest Litigation (PIL) transformed the
Ê ADR mechanisms & pre-litigation settlements.
Indian judiciary into a proactive institution, strengthening
Ê LIMBS for case management. constitutional governance and protecting citizens’ rights.
Ê Strengthening legislature’s role in judicial reforms. The Supreme Court emerged as a powerful guardian of the
Constitution, asserting judicial independence and expanding
Judicial Appointments: Collegium vs NJAC Debate
its reach through innovative jurisprudence.
Issue Description Way Forward Reasons for Rise of PIL
Autocracy Judges appoint Independent body with Ê Liberalisation of Locus Standi: Allowed public-spirited
judges balance individuals to file PILs. Eg: Hussainara Khatoon (1979)
Opaqueness Secretive process Transparent criteria Ê Technological Advancements: Enhanced access via
digital tools like e-filing. Eg: SC e-filing during COVID-19
Nepotism Uncle Judge Objective eligibility
Syndrome Ê Judicial Activism: Forced executive accountability on
public matters. Eg: Vishaka Case (1997)
Article 74 Council’s role Executive-judiciary
Ê Protection of Marginalised Groups: Advocacy for
bypassed collaboration
vulnerable communities. Eg: Bandhua Mukti Morcha
Meritocracy Seniority bias Merit-based (1984)
appointments Ê Legal Aid Movements: Boosted access through
Delays Failure to fill Joint effort for timely legislations. Eg: Legal Services Authorities Act (1987)
vacancies appointments
Reasons for Supreme Court’s Growing Power
Checks & No executive role Balanced appointment Ê Expansive Interpretation of Rights: Broadened scope
Balances structure of fundamental rights. Eg: MC Mehta (1986)
NJAC Verdict (2015) Ê Intervention in Governance: Direct involvement in
Ê Struck down for violating Basic Structure. administrative reforms.
Ê Criticisms: Collegium secrecy upheld, missed reform Ê Judicial Review Scope: Checks on laws and executive
opportunity. actions. Eg: Kesavananda Bharati (1973)
All India Judicial Service (AIJS) Ê Global Recognition: Landmark judgments acknowledged
worldwide. Eg: Navtej Singh Johar (2018)
Ê Proposed for uniformity, meritocracy, and diversity.
Ê Integrated Judiciary: Single unified system unlike USA.
Ê Aim: Centralized recruitment to reduce vacancies.
Ê Self-Appointment: Emergence of Collegium post Second
Removal of Judges & Accountability Judges Case (1993).
Concern Way Forward Ê Special Powers: A-136 & A-142 allow wide discretion
and justice delivery.
Vagueness in Clear definitions
terms Ê Basic Structure Doctrine: Protects core constitutional
values. Eg: Kesavananda Bharati (1973)
Lengthy process Simplify and expedite
Contempt of Court: Necessity & Criticism
Transparency Open inquiry mechanisms
Politicization National Judicial Oversight Criticism Solutions
Committee Free speech concerns Fair criticism allowance
Judicial Accountability Measures Vague terms Clear legal definitions
Ê Restatement of Values (1997), Bangalore Principles
Natural justice violation Independent review panel
(2002).
Ê RTI Act applicability on CJI (SC vs Subhash Chandra Mulgaonkar Principles (1978): Judicial restraint & tolerance
Agrawal). in contempt cases.
Ê Live-streaming of proceedings. Judicial Review: A Constitutional Safeguard
Judicial Activism vs Overreach vs Restraint Ê Guardian of Constitution: Enforces adherence to
constitutional mandates. Eg: NJAC Case (2015)
Aspect Judicial Judicial Judicial Ê Checks on Parliament: Prevents Basic Structure
Activism Overreach Restraint dilution.
Definition Active Overstepping Avoiding Ê Protection of Rights: Ensures fundamental rights. Eg:
judicial role powers interference Aadhaar Case (2018)

16 Prahaar Summary 2025

Ê Balances Powers: Prevents overreach. Eg: Tribunals Ê Issues: High pendency, misuse of discretion, delays.
Reforms Case (2021)
Principle of Natural Justice (PNJ)
Ê Preserves Democracy: Prevents majoritarianism. Eg:
Ê Ensures fairness and impartiality.
Electoral Bonds Case (2024)
Ê Key Cases:
Women in Judiciary ‰ Maneka Gandhi (1978) – Art. 21 & PNJ.
Issue Reason ‰ Brojo Nath Ganguly (1986) – Art. 14 & PNJ.
Low SC/HC Family responsibilities, Court Vacations: Recommendations
representation patriarchal norms Ê Justice Malimath Committee (2000): SC – 206 days,
Inadequate infrastructure Lack of amenities, gender bias HC – 231 days.
No reservation Unlike subordinate courts Ê Law Commission (2009): Reduce vacations by 10-15
days.
Way Forward
Ê Supreme Court Rules (2014): Summer vacation reduced
Ê Gender sensitization, revising criteria, reservation policy.
to 7 weeks.
Fast Track Courts (FTC)
Advantage Issue Way Forward 13. DISPUTE REDRESSAL MECHANISM
Pendency Ad-hocism, Permanent FTCs, tech India’s dispute redressal mechanisms emphasize non-judicial,
reduction workload integration consensual resolution of conflicts through institutions
Judicial Poor Coordination & holistic like Lok Adalats, Nyaya Panchayats, Family Courts, and
efficiency infrastructure reform Consumer Forums. ADR methods promote mediation and
negotiation, aiming for accessible justice, reduced court
Regional Benches of Supreme Court burden, and efficient conflict resolution.
Ê Recommended under Art 130. Advantages of ADR
Ê Needed for accessibility & pendency reduction. Ê Cost-effective and time-saving (Law Commission Report
Concerns & Solutions 222).
Ê Dilution of authority: Ensure phased expansion. Ê Free from procedural technicalities and ensures privacy
Ê Coordination: Uniform guidelines & infrastructure. of discussions.
Ê Preserves relationships and fosters goodwill.
National Legal Services Authority (NALSA)
Ê Better compliance due to active party involvement.
Ê Legal aid under Legal Services Authorities Act, 1987.
Ê Enhances contract enforcement (World Bank report).
Ê Functions: Free legal services, Lok Adalats, legal
awareness. Ê Saves forex reserves spent on foreign arbitration.

Challenges & Reforms Challenges and Solutions in ADR

Ê Awareness, quality perception, lawyer motivation. Challenges Solutions
Ê ICT use, lawyer incentives, SDG-16 alignment. Lack of Awareness ADR training, legal education,
Government Initiatives for Legal Aid awareness campaigns
Ê DISHA: Holistic legal aid. Scepticism on e-Lok Adalats, success stories,
Ê Nyaya Bandhu: Pro Bono linkage platform. Outcomes transparency
Ê Tele-Law: Legal advice in 2.5 lakh Gram Panchayats. Voluntary Nature Legal reforms, incentives
Ê LADCS: Full-time legal aid in criminal cases. Arbitrator Bias Quality control, ethical codes,
accountability
Judicial Infrastructure
Limited Specialised centres, legislative
Issues Solutions Jurisdiction expansion
Low funding National Judicial Recent Initiative
Infrastructure Authority
Ê Launch of Arbitration Bar of India (May 2024) to promote
Lack of planning Dedicated bodies for project ADR excellence and position India as a global arbitration
execution hub.
Dependence on executive Judicial control on ADR Techniques
infrastructure
Ê Conciliation: Non-adjudicatory, neutral conciliator
Technological Reforms actively aids settlement.
Ê E-courts, video conferencing, NJDG. Ê Arbitration: Neutral arbitrator gives binding decision;
Ê Improve accountability & fund utilization. governed by Arbitration & Conciliation Act, 1996.
Special Leave Petition (SLP) under Article 136 Ê Mediation: Mediator bridges gaps; applicable in family,
matrimonial, civil disputes.
Ê Ensures Justice: Provides remedy in exceptional cases.
Ê Negotiation: Direct party resolution; informal; often in
Ê Recent Example: Income Tax SLP dismissed for delay.
petty, family, industrial disputes.

Indian Polity and Constitution 17

Arbitration & Conciliation (Amendment) Act, 2021 & Reasons for Poor Functioning:
Draft Bill, 2024 Ê Overlapping jurisdiction with Taluka courts.
The 2021 Act aimed to create a pro-arbitration climate but Ê Low priority despite ₹1400 Cr allocation.
raised concerns like ambiguous terms (‘fraud’, ‘corruption’), Ê Shortage of judicial officers and support staff.
unclear evidence threshold, automatic stay encouraging
Ê Unclear mandate vis-à-vis other forums.
delays, cost & delay issues, arbitrator qualifications, and
Ê Poor awareness among litigants and lawyers.
weak enforcement.
The 2024 Bill emphasizes institutional arbitration, reduces Tribunals in India
court intervention, introduces emergency arbitrators, Dimension Article 323-A Article 323-B
appellate arbitral tribunal, virtual hearings, and gives ACI
Purpose Administrative Tribunals for Other
the power to regulate institutions. Conciliation moved to
Tribunals Matters
Mediation Act, 2023.
Established By Only Parliament Parliament and
Lok Adalat
States
People’s courts based on Gandhian principles using mediation
Hierarchy No May be created
and negotiation for civil, family, and compoundable criminal
cases. Statutory status under Legal Services Authorities Advantages of Tribunals:
Act, 1987. Decisions are binding, non-appealable, and cost- Ê Flexible procedures with Natural Justice.
effective. Mobile Lok Adalats enhance accessibility. Ê Reduce burden on regular courts.
Distinction between Lok Adalats and Arbitration Tribunals Ê Less expensive and speedy justice.
Ê Decisions legally binding.
Aspect Lok Adalats Arbitration
Tribunals Ê Expert members handle technical matters.
Nature of Minor civil, family, Commercial, Foreigners Tribunals & SC Ruling (2025)
Disputes petty criminal contractual Supreme Court ruled that Foreigners Tribunals in Assam
disputes can’t review their own decisions, ensuring legal certainty
Legal Basis Legal Services Arbitration and in citizenship matters. It curbs procedural overreach and
Authorities Act, Conciliation Act, highlights the need for procedural safeguards.
1987 1996 National Green Tribunal (NGT)
Voluntary Mutual consent Pre-agreement Established in 2010 for environmental adjudication.
Nature required based Functions with principles of Natural Justice, ensuring fast-
Appointment Judicial officer Party-appointed track resolution of environmental disputes.
chaired arbitrators Key Judgments:
Cost Efficiency Free, economical Costs involved Ê Art of Living Case – Yamuna floodplain damage.
Appeal Process No appeal after Limited grounds Ê Sterlite Copper Plant – Closure order controversy.
settlement for challenge Ê Volkswagen Emission – ₹500 Cr penalty for cheating
Speed Swift, often one Longer, depends emissions.
sitting on complexity Ê NGT balances development needs with ecological
Jurisdiction Civil, compoundable Civil, commercial sustainability.
criminal matters matters Concerns with Tribunals
Quasi-Judicial Bodies Ê Violation of separation of powers – Admin & Judicial
members conflict (Madras Bar Association Case).
Bodies with adjudicatory roles within specific domains,
reducing court workload. Examples include NGT, CAT, Ê Conflict of Interest – Executive appoints while also being
CIC, ITAT. They have limited jurisdiction, penalty powers, the largest litigant.
independent decisions, simplified procedures, and faster Ê Undermining Judicial Authority – Tribunals bypass HCs
resolution. (L. Chandrakumar case).
Ê Increasing Pendency – Avg pendency 3.8 years; delays
Gram Nyayalayas
in NCLT/NCLAT.
Established by Gram Nyayalayas Act, 2008 for accessible Ê Overlapping Jurisdiction – Multiple tribunals under
justice in rural areas. Mobile courts presided by Nyayadhikaris various ministries.
handle civil & criminal matters listed in the Act. Follow
Ê Delayed Awards – Eg: Cauvery Tribunal took 17 years.
natural justice, appealable to higher courts.
In October 2024, the Supreme Court questioned their Tribunals: Curtailing vs. Complementing Courts
feasibility as only 314 out of the targeted 2,500 are How Tribunals Curtail How Tribunals
operational. Key challenges include overlapping jurisdiction, Courts Complement Courts
sidelined policy priority despite central allocation, shortage
Parallel Authority – Shift Reduce Backlog – Eg: CAT
of human resources, unclear jurisdiction, and low awareness
jurisdiction (Eg: AFT) for service matters
among stakeholders.

18 Prahaar Summary 2025

 Limited Appeals – Direct to Expert Decision-Making – 2001 H.K. Patil Advocated greater
SC (Eg: NCLT) Eg: NGT with env. experts (Karnataka) devolution to local bodies
Executive Influence – Govt. Judicial Oversight – SC 2007 2nd ARC - Local Emphasized decentralization
dominated appointments review possible (Eg: NCLT) Governance & role clarity between tiers
(Eg: SAT) Functions of Local Self-Government
Weak Enforcement – No Faster & Cost-Effective Common Functions
contempt powers (Eg: DRT) Justice
Ê Basic amenities: water, sanitation, health, education,
Coexistence with Courts – welfare schemes, roads, disaster relief.
Supplementary role Panchayati Raj Institutions (Art. 243G)
Way Forward Ê Rural development, agriculture promotion, social justice
(e.g., Nyaya Panchayats).
Ê Uniform appointment by a nodal agency.
Ê Timely filling of vacancies. Municipalities (Art. 243W)
Ê Independent selection with minimal executive role. Ê Urban planning, housing, slum improvement, transport,
trade regulation.
Ê Fixed tenure & age norms.
Role of Local Bodies in Good Governance
Ê Tribunal benches across HC locations.
Ê Tribunal orders challengeable before HC division benches. Decentralized Decision-Making
Ê Creation of National Tribunals Commission. Ê Panchayats empowered under Article 243G (e.g.,
Maharashtra’s Jalyukt Shivar Abhiyan).
Central Administrative Tribunal (CAT)
Community Engagement
Ê Handles central government service disputes.
Ê Gram Sabhas under Article 243A (e.g., Kerala’s
Ê Specialized adjudication & speedy disposal. participatory budgeting).
Ê Ensures judicial independence (L. Chandra Kumar).
Inclusion of Marginalised Sections
Ê Decisions binding unless challenged.
Ê Reservation under Article 243D (e.g., 45.6% PRI women
Ê Has contempt powers like regular courts. members).
Ê Needs digitization, case management & accountability
Resource Management & Service Delivery
reforms.
Ê Local management of natural resources & service
Tribunal Reforms Act, 2021 provision.
Ê Defines qualifications, removal, & tenure of members.
Merging Rural and Urban Local Bodies: Pros & Cons
Ê Search & selection committees for appointments.
Pros Cons
Ê Tenure: 4 years; Max age: Chairperson - 70 yrs, Members
- 67 yrs. Integrated Rural priorities may get sidelined
development
Ê Uniform pay & removal provisions.
Cost efficiency Political representation
Ê Abolishes 9 tribunals; raises concerns on judicial
imbalance
independence & executive control.
Equitable resource Funds may favor urban areas
14. LOCAL SELF-GOVERNMENT allocation
Efficient service Regulatory complexities
Local self-government strengthens grassroots democracy by delivery
ensuring citizen participation, decentralized governance, and
local service delivery. It is key to inclusive development and Empowerment of Panchayati Raj Institutions
responsive administration. (PRIs): Government Efforts and Challenges
Panchayati Raj Institutions (PRIs) are the cornerstone of
Major Committees on Local Self-Government decentralized governance in India.
Year Committee Name Key Recommendation Government Efforts for Empowering PRI
1957 Balwant Rai Recommended 3-tier Ê SVAMITVA Scheme: Drone-based rural property record
Mehta Panchayati Raj System preparation.
1978 Ashok Mehta Suggested 2-tier system Ê Rashtriya Gram Swaraj Abhiyan (RGSA): Capacity
(Zilla Parishad & Mandal building of PRIs.
Panchayat) Ê e-Gram Swaraj: Enhances transparency and induces
1985 G.V.K. Rao Strengthening planning and fund devolution.
administrative role of PRIs Ê Gram Panchayat Development Plan (GPDP): Participatory
1986 L.M. Singhvi Recommended planning under People’s Plan Campaign.
constitutional status for Ê Panchayat Sashaktikaran Abhiyan (CB-PSA): Capacity
PRIs building & training for elected representatives.

Indian Polity and Constitution 19

Challenges Faced by Panchayati Raj Institutions (PRIs) Significance of Panchayati Raj System
Challenge Area Key Issues Ê Democratic Decentralization & Local Administration.
Ê Revenue Collection & Rural Development.
Funds-Related Ê Inadequate funds, dependency on
state devolutions. Ê Disaster Management & Economic Boosting (e.g., SHGs
like Lijjat Papad).
Ê Weak local revenue generation &
reluctance to tax locals. Alternative Financing for Panchayats
Ê Delay in constituting State Finance Own Tax & Non-Tax Revenue, CSR Funds, Asset Monetization,
Commissions. Borrowing, Performance-Based Grants.
Ê 15th FC mandate: No grants Way Forward for Strengthening Local Institutions
without SFC compliance.
Ê Capacity Building & Technological Integration.
Functions- Ê Poor devolution of powers; state Ê Simplified Policies & Strengthened Accountability.
Related retains key functions.
Ê Sustainable Financing & Genuine Fiscal Federalism.
Ê Weak District Planning
Ê Financial Empowerment & Transparent e-Governance
Committees (DPCs).
(eGSPI).
Ê Parallel bodies like Parastatal
bodies and Special Purpose Vehicle Digital Empowerment Initiatives
(Smart Cities Mission). Ê Smart Gram Panchayat: Bridging the rural-urban divide
Functionaries- Ê Inadequate staff; deputed with digital tools.
Related personnel lack accountability. Ê eGramSwaraj-PFMS: Enhancing transparency & online
Ê Weak audit & transparency; online financial management.
disclosure mandated by 15th FC. Women’s Role & Impact in Panchayati Raj Institutions
Ê Delayed elections weaken Ê Increased Representation (46% seats).
grassroots democracy. Ê Focus on welfare, governance, political aspirations.
Ê Political interference & increasing Ê Positive leadership cases: Chhavi Rajawat, Suranlekha.
politicization of PRIs.
Ê Challenges: Proxy Leadership, Patriarchal Norms, Low
Strength and Sustenance of Local Institutions National Representation.
Local self-government institutions have evolved from a Curbing Proxy Representation
framework of ‘Functions, Functionaries, and Funds’ to
dynamic bodies engaged in outcome-based governance, Ê Advisory on penalizing proxy practices.
technology-driven service delivery, and participatory decision- Ê ‘Sashakt Panchayat Netri Abhiyan’ for promoting genuine
making. However, challenges like limited fiscal autonomy, leadership.
capacity deficits, and gender disparities persist. Urban Local Bodies (ULBs) and Municipal Governance
Institutional Framework in India
Ê Functions: PRIs (29 subjects) & ULBs (18 subjects) Local self-governance ensures grassroots democracy, efficient
handle key sectors like health, education, and rural service delivery, and citizen participation. Urban Local Bodies
development. (ULBs), particularly Municipal Corporations, play a pivotal
Ê Functionaries: Elected representatives & administrative role in urban management but face multiple challenges in
staff enable decentralized decision-making. autonomy, finances, and capacity.
Ê Funds: Finances from Finance Commissions, state Recent Initiatives and Capacity Building
devolutions, local taxes, and user charges.
Annual Capacity Building Plan (ACBP)
Shifts in Governance Paradigm
Ê Strengthens ULBs’ capacities. Piloted in Ahmedabad,
Ê Outcome-Based Governance: Focus on measurable Bhubaneswar, Mysuru, Rajkot, Nagpur, and Pune.
results (e.g., Indore’s waste management).
Municipal Corporations’ Role
Ê Technology-Driven Service Delivery: Use of eGramSwaraj
for transparency. Ê Govern urban infrastructure, sanitation, water, and health.
Ê Participatory Decision-Making: Citizen involvement via Ê Face fiscal constraints—revenue at only 0.6% of GDP
Gram Sabhas & social audits. (RBI 2023-24).

Persistent Challenges Impact of Local Self-Governance

Ê Fiscal Dependence & Delayed Funds. Ê Decentralization of Power: Empowers communities
(e.g., Ward Committees).
Ê Capacity Deficit & Bureaucratic Hurdles.
Ê Effective Service Delivery: Village Panchayats meet
Ê Gender Disparities & Proxy Leadership.
essential local needs.
Financial Mechanisms Ê Grassroots Development: District Planning Committees
Ê Grants: Centre (Art. 280) & State. align local priorities.
Ê Devolution by State Finance Commissions. Ê Marginalized Empowerment: Reservations for SCs, STs,
Ê Loans, Internal Resource Generation, Program Allocations. and women.

20 Prahaar Summary 2025

Reluctance of States to Empower ULBs years or till 65 years of age, removal is only possible through a
special parliamentary resolution. The CAG audits Union and
Functional Issues
State finances, submits reports to the President/Governor,
Ê Limited autonomy, manpower shortages, and bypassing ensures compliance, and advises on public finance.
via SPVs.
Duties and Powers of CAG
Financial Constraints
Audits as per CAG (Duties, Powers and Conditions of
Ê Dependence on grants, weak SFCs, restricted tax powers,
Service) Act, 1971
limited market access.
Ê Expenditure from the Consolidated Fund, Contingency
Necessity Fund, and Public Account of Union, States & UTs.
Ê Better governance, financial sufficiency, and citizen- Ê Accounts of government departments, bodies
centric administration. substantially financed by government, and government
Municipal Issues and Solutions companies.
Constitutional Provisions
Issue Solution
Ê Art 148: Appointment, oath, service conditions.
Lesser Functional Transfer functions, funds, and
Autonomy functionaries Ê Art 149: Duties and powers by law.
Ê Art 150: Advises on account formats.
Low Revenue Strengthen property tax collection
Generation Ê Art 151: Submits audit reports to President/Governor
for legislature.
Concentration of Decentralize within ULBs
Ê Guides the Public Accounts Committee (PAC).
Power
Poor Citizen Link Activate Ward Committees & CAG and Public Accounts Committee
technology use Ê PAC, created under GOI Act, 1919, examines CAG reports.
Lack of Economic City Economic Councils for Ê CAG assists PAC, recommends corrective actions.
Integration business facilitation Comparison with Britain
Weak Financial Fiscal decentralization & market-
India Britain
Systems oriented models
CAG audits post- Performs both auditing and
Untimely Elections Ensure timely elections as per SC
expenditure (Ex-post facto). controlling functions.
directives
Not a Parliament member. Member of House of
Capacity Building Measures Commons.
Ê National Urban Digital Mission: Digital governance
No prior control on Money withdrawn only with
framework. withdrawals. CAG approval.
Ê JNNURM: Focus on urban infrastructure efficiency.
Ensuring Independence of CAG
Ê Municipal Bonds: ₹2,600 crore raised post-2018;
empowers cities financially. Ê Service Conditions: Parliament-determined, immutable
post-appointment.
Decentralization’s Impact on Grassroots Governance Ê Expenses: Charged on CFI.
Ê Strengthened Local Institutions: PRIs and ULBs empower Ê Administrative Powers: Prescribed by President post
governance. consultation.
Ê Enhanced Participation: Boosts inclusivity. Ê Tenure: 6 years or up to 65 years.
Ê Better Scheme Implementation: Aligned with local needs. Ê Removal: Same as SC judge.
Ê Quick Issue Resolution: Localized solutions (e.g., Zero Ê Post-retirement: Ineligible for further office.
Waste, Alappuzha).
Ê Parliamentary Independence: Ministers cannot represent
Ê Economic Upliftment: SHGs and rural livelihoods (e.g., CAG.
Kudumbashree).
Role of CAG in Ensuring Legality and Propriety of
Persistent Challenges Expenditure
Ê Financial dependence The Comptroller and Auditor General (CAG) is a constitutional
Ê Political interference authority (Art. 148) responsible for auditing the accounts of
Ê Capacity gaps the Union and State governments to ensure transparency,
legality, and accountability in financial matters.
Ê Social and gender barriers
Ê Weak accountability mechanisms Ensuring Legality of Expenditure
Ê Constitutional Audit: Audits expenditure from
15. COMPTROLLER AND AUDITOR GENERAL Consolidated Funds (Art. 266).
(CAG) OF INDIA Ê Annual Reports: Provides reports on financial regularity
and operational integrity.
The CAG, appointed under Article 148, ensures transparency Ê Compliance Check: Ensures adherence to legal
and accountability in public finances. With a tenure of six frameworks (e.g., GST audit).

Indian Polity and Constitution 21

Ê Financial Oversight: Detects financial mismanagement Key Findings of Recent CAG Reports (2022–2024)
(e.g., Commonwealth Games case). Ê Railways (2022): Passenger revenue decline, freight
Ê Parliamentary Accountability: Reports examined by PAC inefficiency.
(e.g., 2G Spectrum case). Ê Smart Cities (2023): Project delays, fund underutilization.
Ensuring Propriety of Expenditure Ê Swachh Bharat (2023): Ghost beneficiaries, incomplete
Ê Value for Money Audits: Assesses scheme efficiency (e.g., infrastructure.
Clean Ganga audit). Ê National Health Mission: Poor fund use, infrastructure
gaps.
Ê Transparency: Promotes openness in government
spending (e.g., DMRC audit). Ê PMGSY: Road delays, quality concerns.
Ê Advisory Role: Provides fiscal advice (e.g., Railway fare Ê MGNREGS: Payment delays, Aadhaar exclusion.
suggestions). Ê Ayushman Bharat (2023): Fake beneficiaries, service
issues, target shortfall.
Ê Public Interest Protection: Ensures PSU efficiency (e.g.,
Air India audit).
Ê Global Standards: Adheres to international audit norms.
16. NCSC, NCST AND NCBC
CAG’s Role in Auditing Policy Implementation and The National Commissions for Scheduled Castes (NCSC),
Overstepping Scheduled Tribes (NCST), and Backward Classes (NCBC)
are constitutional/statutory bodies safeguarding the rights
Arguments Against Overstepping of marginalized communities.
Point Rationale General Functions of NCSC/NCST/NCBC
Separation of Powers Financial audit only, not policy Ê Investigate, monitor, and inquire into matters concerning
evaluation constitutional/legal safeguards for SCs, STs, and OBCs.
Political Neutrality Risk of bias accusations (e.g., Ê Recommend welfare measures, monitor special courts
Spectrum report) under Civil Rights & Atrocities Acts, collect related
Alternative Oversight PAC, CVC, Lokpal better suited statistics.
for policy review Ê Monitor implementation of welfare laws; accept online
complaints (e.g., NCSC’s portal).
Administrative Impact May delay executive decisions
Judicial Limits Courts confine CAG to financial NCST’s Specific Functions
audits (e.g., Telecom Case) Ê Ensure tribals’ rights over Minor Forest Produce, livelihood
development, forest protection, PESA implementation.
Arguments Supporting Role
Ê Safeguard rights over natural resources, improve
Point Rationale rehabilitation of displaced tribals, reduce shifting
Performance Audit Can check scheme efficiency cultivation.
Accountability Aligns spending with intended Limitations of Constitutional Bodies
outcomes Ê Resource & manpower constraints.
Constitutional Backing Art. 149 allows auditing of Ê Recommendations are advisory, not binding.
efficiency, economy Ê High eligibility standards with vague appointment
Corruption Check Prevents misuse of public processes.
funds (e.g., PDS audit) Ê Budgetary constraints and weak enforcement
Policy Impact Findings help refine policies mechanisms.
Limitations of Office of CAG Role of NCSC in Reservation of SC in Minority
Institutions
Limitation Details
Constitutional Provisions for Reservation:
Appointment Executive discretion limits
independence Ê Social Justice Mandate: Articles 15(4), 15(5), 16(4),
and 16(4A) provide for SC reservation in education,
Not Comptroller Post-facto auditing limits real-
employment, and promotions.
time check
Ê Exemption for Minority Institutions: Article 15(5) excludes
Limited Perspective Narrow, non-administrative
minority educational institutions from reservation
approach
policies.
Risk Discouragement May hinder practical decision- Ê Minority Rights: Article 30(1) grants minorities the right
making to establish and administer institutions.
Conflict of Interest IAS appointees may
NCSC’s Role and Limitations:
compromise independence
Ê Advisory and Monitoring: NCSC investigates SC welfare
Secret Expenditure Cannot audit confidential issues but lacks enforcement power over minority
expenses thoroughly institutions.

22 Prahaar Summary 2025

Ê Autonomy vs. Affirmative Action: Conflict between Ê Approval & Ratification: Requires special majority in
minority rights and SC reservation is a legislative/judicial both Houses and, if needed, state ratification.
matter. Ê Presidential Assent & Insertion: The President’s assent
Ê Judicial Stand: Supreme Court has upheld the exemption inserts new provisions (e.g., Article 338B for NCBC).
of minority institutions from reservation mandates.
Benefits of Constitutional Status:
102nd Constitutional Amendment Act, 2018 Ê Stronger Mandate: Binding powers over enforcement
Granted constitutional status to NCBC (Article 338B). agencies.
Positives Concerns Ê Greater Autonomy: Reduced government interference,
ensuring impartiality.
Increased authority for Non-binding nature of
NCBC recommendations Ê Judicial Standing: Ability to move courts for gender
rights protection.
Mandatory parliamentary No power to define
approval for BC list backwardness Ê Policy Influence: Enhanced say in gender-sensitive
changes lawmaking and budget planning.
Annual report system No expert appointment Ê Mandatory Compliance: Recommendations gain legal
guidelines binding force.
Civil court powers for No periodic BC list revision Additional Strengthening Measures:
grievance redressal provision Ê Enforcement Powers: Penal authority for non-
Wider developmental Heavy workload, judicial compliance.
responsibility delays Ê Dedicated Budget: Independent financial resources.
Issues Faced by Communities Ê Wider Reach: Establish state/district offices.
Ê Atrocities: 47,000+ SC complaints since 2020. Ê Legal Integration: Direct involvement in legislative
Ê Tribal Eviction: NCST’s limited role in preventing process and case monitoring.
displacements. NCW’s Role in Public & Private Spheres
Ê Economic Deprivation: Poor FRA, 2006 implementation.
Public Sphere:
Ê Cultural Erosion: 250 tribal languages lost.
Ê Legal Reforms Advocacy
Performance Evaluation Ê Monitoring Workplace Harassment
Ê Institutionalized responses like liaison officers & SC/
Ê Advising on Women’s Safety Policies
ST cells.
Ê Handling Cyber Harassment
Ê Focus on literacy and social development.
Ê High pendency of cases and delayed appointments. Ê Reviewing Gender Law Enforcement
Ê Major complaints on service-related discrimination. Private Sphere:

Recent Issues in News Ê Supporting Domestic Violence Victims

Ê Advocating Marriage & Divorce Rights
Issue Details
Ê Promoting Property Rights Awareness
Sub- 2024 SC upheld sub-categorization to
Ê Campaigns Against Social Evils (e.g., dowry)
Classification address intra-group inequalities.
of SC/STs Ê Providing Counseling and Legal Aid
NCBC & OBC May 2024: NCBC recommended
Policy revising OBC quotas in Punjab & WB; 17. UPSC AND SPSC
emphasized dynamic lists. UPSC and SPSCs are constitutional bodies under Articles
Article 341 & July 2024: SC quashed Bihar’s 2015 315-323 of the Indian Constitution. They ensure merit-
SC List move on Tanti-Tantwa inclusion, based recruitment, maintaining administrative neutrality
upheld constitutional procedure. and federal governance.
PVTGs in ST Feb 2024: Rajya Sabha passed bill Comparative Role of UPSC and SPSC
List for PVTG inclusion in ST list, aligning
benefits with ground realities. UPSC SPSC
Paharis in J&K Feb 2024: Lok Sabha passed bill for Appointed by President; Appointed by Governor;
ST List Pahari inclusion; sparked resource- strength at President’s strength at Governor’s
sharing concerns among STs. discretion (usually 9-11); discretion; 50% members
50% members must have with 10 years government
Constitutionalization of NCW & Its Role in Gender held government office for service; Term: 6 years/62
Justice 10 years; Term: 6 years/65 years; Removal by
Steps for Constitutionalizing NCW: years; Removal by President President on same grounds
Ê Drafting & Introduction: Via Article 368, a constitutional on specific grounds or SC as UPSC.
amendment bill is drafted and introduced in Parliament. inquiry.

Indian Polity and Constitution 23

Independence ensured by Similar provisions for Challenges Faced by ECI
conditions of service fixed by independence and security Ê Allegations of bias and partisan conduct.
President; Expenses charged of tenure. Ê Limited enforcement powers (e.g., cannot de-register
on Consolidated Fund; parties).
Security of tenure. Ê Politicization and post-retirement appointments.
Post-retirement restrictions: Chairman can be Ê EVM-VVPAT trust deficits.
UPSC Chairperson cannot appointed to UPSC; Ê No powers to enforce inner-party democracy.
hold future government members eligible for
Ê Allegations of voter roll manipulations.
posts; Members can be UPSC Chairmanship or
appointed to UPSC/SPSC Membership and chairman Ê Unequal removal process for CEC and ECs.
Chairmanship. of other states SPSC. Ê No fixed tenure, transparency or qualifications.
Ê Lack of authority over caste/religious appeals.
Functions and Limitations
Functions of UPSC and SPSC Way Forward for ECI
UPSC conducts exams for All-India and Central Services; Ê Transparent, bipartisan appointment process.
assists states on request; advises on recruitment, promotion, Ê Empower ECI with de-registration and contempt powers.
transfer, disciplinary matters, legal reimbursements, service Ê Legal backing for Model Code of Conduct (MCC).
extension, and temporary appointments. SPSC advises state Ê Strengthen inner-party democracy and financial
governments, including on judicial service appointments. transparency.
Limitations Ê Prohibit post-retirement political appointments.
Government may bypass advice; Supreme Court rulings Ê Enhance VVPAT audits and public trust mechanisms.
can limit role; Recommendations are advisory only; Not
consulted on reservation, SC/ST claims, top posts, group
Electoral Reforms Proposed by ECI (2016)
C/D appointments, temporary appointments below one year, Key Proposals
cadre management, or service conditions. Ê Simultaneous Elections: Lok Sabha and State Assembly
polls together to cut cost and improve governance.
18. ELECTION COMMISSION OF INDIA Ê State Funding of Elections: To curb black money and
ensure fair competition.
The Election Commission of India (ECI), established under
Article 324, plays a vital role in conducting free and fair Ê Disqualification of Criminal Candidates: Barred post
elections at the national and state levels (excluding charge-framing in serious cases.
panchayats and municipalities). Ê Strengthening NOTA: Proposal to mandate re-elections
Functions of Election Commission of India if NOTA secures the highest votes.
Ê Transparency in Political Funding: Regulate anonymous
Administrative Advisory Quasi-Judicial donations and electoral bonds.
Ê Delimitation Ê Disqualification Ê Resolve Ê Compulsory Voting: Suggested for improving voter
Ê Electoral Rolls (Advice to Disputes turnout.
Ê Conduct of President & related to Ê Use of Technology: VVPATs, biometric verification for
Elections Governor) election fraud prevention.
Ê Registration symbols &
Ê Inclusive Voting: Simplify access for NRIs, persons with
of Parties recognition
disabilities, and migrants.
Ê Code of
Conduct Significance
Constitutional Provisions Ê Strengthens transparency, reduces malpractices, boosts
voter trust, and ensures efficient governance.
Ê Permanent, independent body under Article 324.
Ê Conducts elections to Lok Sabha, Rajya Sabha, State Appointment of Election Commissioners: Issues and
Assemblies, President and Vice President. Proposals
Ê State Election Commissions handle panchayat and Aspect Details
municipal elections.
Pre-2023 Appointment by the President on
Independence of ECI PM’s advice.
Ê Chief Election Commissioner (CEC) enjoys security of Anoop Baranwal SC mandated a panel: PM, LoP, CJI.
tenure like SC judges. Case (2023)
Ê ECs removable only on CEC’s recommendation. CEC & EC Act, CJI removed from panel;
Ê Service conditions of CEC cannot be varied to his 2023 independence questioned.
disadvantage post-appointment. Pending Challenge SC review pending on constitutional
Article 329(b) and Judicial Non-Interference validity.
Ê Bars courts from intervening in election matters once notified. Recommendations 2nd ARC: Collegium with PM,
Ê Challenges only allowed post-results via election petitions Speaker, LoP, Law Minister, RS Dy.
(Ponnuswamy case, 1952). Chairman.

24 Prahaar Summary 2025

Challenges before State Election Commissions (SECs) and Way Forward
Issue Description Example Solution Example of Solution
Political Interference Undermines autonomy Pressure to delay Institutional Election Oversight
polls safeguards Committee
Resource Deficiency Lack of funds/staff Polling booth Dedicated budgets Local election grants
shortage
Low Voter Awareness Poor outreach Low turnout Voter education drives Local campaigns
Electoral Malpractices Frauds in polls Booth capturing Strong monitoring Biometric checks
Legal Complexities Procedural ambiguities Delays in polls Simplify laws SOPs, official training
Technological Gaps Lack of expertise EVM glitches Capacity building Regular tech training
Dispute Delays Slow resolutions Pending cases Fast-track tribunals Election benches

Regulating Political Parties: ECI’s Role and Required Ê Reduce the influence of money power.
Reforms Ê Create a level playing field for smaller parties.
Role of ECI Ê Curb black money and cash-based campaigning.
Ê Registration & Recognition: Ensures compliance. Challenges:
Ê Symbol Allocation: Exclusive/free symbols. Ê Weak financial disclosure mechanisms.
Ê Model Code of Conduct: Ensures level playing field. Ê Risk of cronyism and political favoritism.
Ê Expenditure Limits: Enforced with observer mechanisms.
Ê Public financial burden, especially during fiscal stress.
Ê Financial Transparency: Mandatory audited reports.
Ê Uniform funding norms may not suit all parties.
Ê Observers: Deployment for fair conduct.
Ê Risk to party autonomy and ideological diversity.
Required Reforms
Important Committees
Ê Power to Deregister: Suggested for RPA amendment.
Ê Indrajit Gupta Committee (1998): Recommended partial
Ê Funding Transparency: Reassess electoral bonds.
state funding.
Ê Consistency in Action: Apply rules uniformly.
Ê Law Commission Report (1999): Advocated partial
Ê 2nd ARC Collegium: For CEC/EC appointments. reimbursements.
Ê ECI Independence: Secure tenure, ban post-retirement jobs. Ê Second ARC (2008): Supported state funding with
Legal Enforceability of MCC, Election Funding, reforms.
and Criminalization of Politics Ê NCRWC (2001): Suggested state funding with
Free and fair elections are the cornerstone of democracy. transparency conditions.
However, concerns over Model Code of Conduct (MCC) violations, Way Forward
opaque election funding, and increasing criminalization
of politics demand urgent reforms for electoral integrity. Ê Shift to digital transactions for donations.
Ê Limit anonymous donations to a maximum of 20%.
Model Code of Conduct (MCC): Legal Enforceability
Ê Bring political parties under RTI.
The Standing Committee on Law & Justice recommended
incorporating MCC into the Representation of the People Act Ê Establish a National Electoral Fund for equitable
(RPA), 1951 to make it legally enforceable. distribution.
Ê Implement regulated state funding.
Benefits of Legal Backing
Ê Cap political party expenditure based on candidates
Ê Ensures accountability and deters unethical practices.
fielded.
Ê Strengthens democratic processes and upholds the rule
of law. Criminalization of Politics
Ê Facilitates uniform enforcement and legal clarity. The criminalization of politics, money power, misuse of
Ê ECI opposes legal status due to delays from lengthy freebies, and AI-enabled misinformation are grave challenges
judicial processes. to India’s electoral democracy. Despite several measures by
the ECI, Judiciary, and other stakeholders, comprehensive
Way Forward
reforms are essential to strengthen electoral integrity and
Ê Strengthen penalties and enforcement. democratic governance.
Ê Use technology for monitoring, e.g., mobile apps in 2019
elections. Causes
Ê Close loopholes like religion/caste-based campaigns. Ê Political preference for ‘winnable’ candidates.
Ê Promote voter awareness through campaigns like SVEEP. Ê Politician-bureaucrat nexus fueling corruption.
Ê Low conviction rates and caste/religion-based voting
Election Funding and State Support
patterns.
Need for Regulation: Ê ECI’s limited power before conviction and enforcement
Ê Ensure transparent campaign financing. gaps.

Indian Polity and Constitution 25

Consequences Paradoxes
Ê Erodes democratic values and promotes money/muscle Ê Democratic Mandate vs. Electoral Autocracy
power. Ê Digital Campaigning vs. Misinformation
Ê Leads to governance failures and corruption. Ê Youth Participation vs. Dynastic Politics
Ê Reduces voter choice and fair competition. Ê Rise of Third Front vs. Instability
Ê Weakens credibility of institutions and rule of law. Ê Public Mobilization vs. Political Apathy
Ê Encourages a culture of violence and impunity.
Simultaneous Elections - One Nation, One Election
EC & Legal Efforts Against Criminalization
Examined by the High-Level Committee under Ramnath
Ê ECI mandates affidavits on criminal records, uses Kovind (2023), and various committees including the Law
flying squads to curb money power, rejects convicted Commission and NITI Aayog.
candidates, and promotes voter awareness via SVEEP.
Ê Legal Reforms Needed: Disqualify candidates at charge- In Favour of Simultaneous Against Simultaneous
framing, fast-track trials, stricter affidavits scrutiny. Elections Elections
Ê Party Reforms: Internal democracy, transparency, reduce Prevents policy paralysis due Practical difficulties & term
money power via state funding. to frequent MCC mismatch
Ê Right to Recall: Used in Panchayati Raj (MP, Haryana) Reduces election cost Dilution of federalism
to ensure accountability. Enhances policy continuity Impact on regional parties
Judicial Interventions Against Criminalization Encourages development focus False MCC concerns
International precedents (e.g., Weakens voter-politician
Judgment Significance
Sweden) connect
ADR vs UoI (2002) Mandatory disclosure of
criminal records Key Recommendations from Committees
Ê Law Commission (1999, 2018): Synchronization and
Lily Thomas vs UoI (2013) Automatic disqualification
upon conviction (2 yrs+) phased elections
Ê Parliamentary Committee (79th Report): Two-phase
PUCL vs UoI (2014) Right to NOTA
elections
Public Interest Foundation Fast-track trials; disclose
Ê NITI Aayog (2017): Align tenure phase-wise
(2014 & 2018) pending cases
Ê Goswami & Vohra Committees: Enhance participation,
Lok Prahari vs UoI (2018) Income source disclosure reduce corruption
PIF vs UoI (2020) Parties must publish Ê ARC: Cap electoral expenses
candidate criminal records
Ê NRCWC: Inclusive reforms
ADR 2025 Report Highlights
Electronic Voting Machines (EVMs) and Associated
Ê 45% of MLAs have criminal cases; 29% face serious charges.
Issues
Ê Top states: AP (79%), Kerala & Telangana (69%).
Legal basis: Section 61A of RPA 1951 (amended 1988). EVMs
Ê 54 MLAs charged with murder; 127 for crimes against have improved speed, accuracy and security in elections but
women. raised concerns on verifiability, secrecy, and logistics.
Ê Delhi MLAs most educated (100%), Jharkhand lowest (68%).
VVPAT Integration
Ê AP leads in billionaire MLAs; 23% of women MLAs with
criminal cases. Ê Introduced post-2013 SC judgement in Subramanian
Swamy case.
Ê Regional parties are worse than national ones in
criminalization. Ê Displays vote slip for 7 seconds.
Ê 5% verification in polling stations.
Indian Party System
India’s party system reflects tensions between democratic Supreme Court Judgments
ideals and realpolitik. It is marked by contradictions and Ê 2013: Paper trail essential for fair elections.
paradoxes. Ê 2019: VVPAT increased to 5 booths/constituency.
Contradictions Ê 2024: Upheld EVM use, rejected full paper audit.
Ê Regionalism vs. Nationalization: Rise of regional parties, ECI Initiatives to Enhance Trust
yet national expansion of BJP.
Ê Coalition Politics vs. Majoritarianism: Prevalence of Initiative Key Points
coalitions but strong central mandates. VVPAT Slip shown to voter; verified in 5
Ê Electoral Federalism vs. Centralization: Federal elections booths per constituency
vs. centralization through governors. RVM Remote Voting Machine for migrants
Ê Inner-Party Democracy vs. High Command Culture: cVIGIL Real-time poll violations reporting app
Democratic claims vs. centralized control.
EVM Challenge Open test for tampering claims
Ê Anti-Defection Law vs. Political Defections: Legal
provisions vs. engineered defections. SVEEP Voter awareness campaigns

26 Prahaar Summary 2025

Way Forward to Enhance EVM Credibility Politics of Freebies & Judicial Oversight
Ê Increase VVPAT verification Ê Excessive freebies strain state finances, distort elections,
Ê Manual count for close contests cause ecological harm, and reduce social sector
spending.
Ê Use Totalizer Machines
Ê Challenges: No ECI control, no viability checks, voter
Ê Organize public hackathons
unawareness.
Ê Staff training & procedural improvement.
Ê SC Stance: From allowing welfare in Balaji Case (2013)
Electoral Literacy & Internal Party Democracy to proposing scrutiny bodies (2025). Ashwini Upadhyay
Ê Electoral Literacy Clubs & SVEEP drive voter engagement. case ongoing.
ENCORE simplifies nominations. Ê Way Forward: Empower ECI, model manifesto, welfare
Ê Issues: Lack of internal democracy, centralized spending cap, voter awareness.
leadership, restricted dissent (anti-defection law). AI and Elections: Opportunities and Challenges
Ê Needed: Reform anti-defection, promote inner-party Ê AI helps in voter engagement, inclusiveness, election
elections, ensure financial transparency, inclusive transparency, and grievance redressal.
representation, empower ECI.

Challenge Description India’s Response Way Forward

Misinformation & Harms trust in democracy Govt advisories Regulatory framework &
Deepfakes transparency
Social Media Risks Amplifies fake news Engagement with platforms Stronger tech collaborations
Microtargeting Manipulates voters Advisories Regulation of political ads
Privacy Breach Data misuse risks IT Act provisions Stronger data protection
Erosion of Trust Distrust in information Public outreach Awareness campaigns
No Specific Law Lack of AI laws Draft legal framework Clear regulatory laws

Judicial Review
19. DELIMITATION COMMISSION OF INDIA
Case Observation
The Delimitation Commission is a statutory body constituted
by the President to redraw constituency boundaries for fair Kishorchandra Judicial review allowed if orders
electoral representation, working in consultation with the Rathod (SC) arbitrary or unconstitutional
Election Commission of India (ECI). Meghraj Kothari Judicial review permitted to prevent
Milestones in India’s Delimitation (SC) undue delay, not to stop elections
Ê 1952: First Delimitation Commission constituted DMK v. State Judicial review valid in mala fide/
Ê 1963: Second Delimitation Commission constituted of TN arbitrary exercise of power
Ê 1973: Third Delimitation Commission constituted Gujarat HC Earlier dismissed petitions under
Ê 2002: Fourth Delimitation Commission constituted Article 329(a)
84th Constitutional Amendment Act, 2002
Composition and Power
Ê Delimitation Freeze till 2026 — To promote population
Ê Composition: Retired Supreme Court judge (Chairperson),
control measures.
Chief Election Commissioner, and concerned State
Election Commissioners. International Practices
Ê Authority: Its orders have the force of law and are immune Country/Region Method
from judicial challenge, except on limited constitutional
grounds. USA Fixed 435 seats since 1913;
redistributed post-Census using
Ê Reporting: Reports are laid before Parliament/Assemblies,
equal proportion method
but without scope for modification.
EU Parliament Degressive proportionality —
Functions higher population, lower seats-to-
Ê Boundary Determination: Redraws constituencies population ratio
ensuring population equality.
Significance
Ê SC/ST Seat Allocation: Reserves seats for SCs/STs based
on Articles 330 & 332. Ê Equitable Representation: Enforces ‘one vote, one value.’
Ê Readjustment: Aligns representation with latest census Ê Regional Balance: Checks over/under-representation.
figures. Ê Identification of Reserved Seats: Ensures proper SC/ST
Ê Public Consultation: Publishes drafts, invites objections, representation.
holds hearings. Southern States’ Concerns
Ê Majority Decisions: Decisions based on majority Ê Fear losing representation despite contributing more to
consensus among members. the economy and effective population control.

Indian Polity and Constitution 27

Challenges in Upcoming Delimitation Restricted Role in Needs permission to appear
Ê MP Asymmetry: States like UP may gain significantly; Criminal Cases for private parties in criminal
smaller states may stagnate. matters.
Ê SC/ST Migration: Complicates reservation in urban Bar on Private Requires government approval for
centers. Engagements advisory roles or directorships.
Ê Urban-Rural Divide: Migration strains constituency
structuring. The Attorney-General ensures legal adherence of the executive
while maintaining constitutional responsibility, playing a
Criticisms crucial role in governance and justice delivery.
Ê Penalizes states with successful family planning.
Ê Seat allocation outdated since 1971; last delimitation 21. NATIONAL HUMAN RIGHTS COMMISSION
(2008) based on 2001 census. (NHRC)
Ê Fixed seats limit effective representation.
The NHRC, a statutory body under the Protection of Human
Ê Population growth creates unequal representation.
Rights Act, 1993, serves as the watchdog for human rights
in India, aligning with the Paris Principles (1991).
20. ATTORNEY-GENERAL OF INDIA
Functions of NHRC
The Attorney-General of India (Article 76) is the highest law Ê Has civil court powers under CPC 1908.
officer and chief legal adviser to the Government of India.
Ê Inquires into human rights violations suo motu or on
Qualified to be a Supreme Court judge, they represent the
petitions.
Union in courts, advise on constitutional and legal matters,
and perform duties assigned by the President. Though not Ê Intervenes in court cases on human rights.
independent like the judiciary, they act in alignment with Ê Reviews legal safeguards and recommends reforms.
the government’s interests and hold office at the President’s Ê Promotes human rights literacy, studies treaties, and
pleasure. conducts research.
Duties and Role of the Attorney-General Ê Visits jails for assessing inmate conditions.
Ê Encourages NGO efforts and reviews factors inhibiting rights.
Legal Advisor to the Government
Ê Advises the Union on constitutional and legal issues. NHRC as Complement to Judiciary and Institutions
Ê Provides opinions on constitutional amendments and Ê Investigative & Advisory: Probes violations and
key reforms (e.g., GST). recommends actions.
Ê Oversight: Monitors police, prisons, and custodial
Representation in Courts
practices.
Ê Represents the government in the Supreme Court and
Ê Policy Advocacy: Influences reforms, e.g., Juvenile
High Courts.
Justice Act, 2000.
Ê Appears in major cases (e.g., Aadhaar, NJAC, CAA). Ê Awareness: Conducts public campaigns and offers online
Advisory Functions courses.
Ê Participates under Article 143 when the President seeks Protection of Human Rights (Amendment) Act, 2019
the Supreme Court’s opinion. Ê Expanded Chairperson Eligibility: Includes ex-SC Judges.
Ê Provides clarity on constitutional interpretation (e.g., Ê Membership Diversified: At least one woman, increased
Right to Privacy case). experts.
Ê Advises on international treaties (e.g., Paris Agreement). Ê Statutory Body Heads: NCBC, NCPCR, CCPD made
Parliamentary and Law-Making Role deemed members.
Ê Assists in parliamentary proceedings and law reforms. Ê Tenure Reduced: From 5 to 3 years; eligible for
Ê Supports legal drafting and policy reforms. reappointment.
Ê Extended SHRC Jurisdiction: Includes Union Territories
Role in Disputes and Public Interest (except Delhi).
Ê Defends government policies and executive decisions
Challenges Faced by NHRC
(e.g., Rafale deal).
Ê Recommendations are Non-Binding.
Ê Handles Centre-State disputes (e.g., Delhi control issue).
Ê Depends on Police for Investigations.
Ê Represents in international legal matters (e.g.,
Kulbhushan Jadhav case). Ê Political Interference Undermines Impartiality.
Ê Advocates for constitutional morality in PILs (e.g., Triple Ê Overlaps with Accountability Bodies like Lokpal, CVC.
Talaq). Ê Staffing Issues Due to Deputations.
Ê Global Concerns: GANHRI deferred accreditation.
Limitations on the Attorney-General
Ê Limited Jurisdiction: Excludes armed forces & old cases.
Limitation Explanation
Remarks on NHRC
Cannot act against Prevents conflict of interest and
Ê Supreme Court: Called it a “toothless tiger.”
the Government maintains institutional integrity.
Ê Soli Sorabjee: Offers illusory relief.

28 Prahaar Summary 2025

Way Forward Ê Pendency: Over 2.2 lakh cases pending (Satark Nagrik
Ê Grant Enforceable Powers. Sangathan Report).
Ê Broaden Civil Society Representation. Ê Delayed Disposal: Average 388 days to resolve a case.
Ê Implement Ahmadi Commission Recommendations: Ê Poor Enforcement: Rare penalties on erring officials.
○ Remove one-year case limit. Ê No centralized database for RTI applicants.
○ Redefine armed forces scope. Ê Lack of adequately trained PIOs causes delays.
Ê Independent Investigation Teams. Concerns with RTI Act & Recent Developments
Ê Establish NHRC-SHRC Coordination. Issue Details
Ê Address Emerging Issues: LGBTQ+ rights, environment,
Appointment Chronic delays; 23,000+ appeals
industrial impact.
Delays pending (2024); some SICs defunct.
Recent NHRC Initiatives (2023–2025) Autonomy Centre controls tenure & salaries (post-
Ê Foxconn Gender Bias Case (2025): Ordered Undermined 2019 amendments).
reinvestigation for discrimination against married
Poor Access & Varying state rules, lack of online
women.
Implementation portals, language barriers.
Ê Judicial Custody Deaths (2024): Recommended ₹4.5
crore compensation in 89 cases. Privacy vs. DPDP Act, 2023 limits disclosure of
Transparency personal data, curbing scrutiny.
Ê Anti-Human Trafficking (2024): Directed states to
appoint senior nodal officers. Legal Acts like OSA 1923, Indian Evidence
Exemptions Act, AIS Rules restrict information
Ê Public Engagement: Held contests on LGBTQ+, caste,
disclosure.
women’s rights.
Ê Human Rights Education: Conducted internships &
trainings, including in Manipur.
23. CENTRAL VIGILANCE COMMISSION (CVC)
The Central Vigilance Commission (CVC) is the apex
22. CENTRAL AND STATE INFORMATION anti-corruption body in India. Set up in 1964 on the
COMMISSIONS recommendation of the Santhanam Committee, it gained
statutory status in 2003. It aims to prevent corruption and
The Central and State Information Commissions are promote integrity in central government functioning.
statutory bodies under the RTI Act, 2005, crucial for ensuring
About CVC
transparency and accountability in governance. While the
Central Information Commission (CIC) oversees central Ê Appointment: By President on recommendation of a
authorities, the State Information Commissions (SICs) handle committee (PM + Home Minister + Leader of Opposition,
state-level appeals and complaints. Lok Sabha).
Ê Removal: By President after Supreme Court inquiry on
Functions and Powers grounds like proven misbehaviour, incapacity, or other
Functions Powers specified reasons.
Ê Inquire into complaints Ê Powers of a civil Ê Composition: 1 Central Vigilance Commissioner + up
related to denial or delay of court. to 2 Vigilance Commissioners.
information. Ê Access to all Ê Tenure: 4 years or till 65 years of age; no further
Ê Take action on unreasonable public records. government employment.
fees, incomplete or Ê Order Ê Conditions of Service: Equivalent to UPSC Chairman
misleading information. compliance (CVC) or Member (VC).
Ê Suo-moto inquiries on from public Ê Independent Staff: Has its Secretariat, Chief Technical
reasonable grounds. authorities. Examiners’ Wing, and Commissioners for Departmental
Ê Promote transparency and Inquiries.
citizen engagement.
Functions and Challenges of CVC
Challenges Faced
Legal and Institutional Challenges Functions Challenges
Ê 2019 RTI Amendments weakened independence by: Inquires/investigates offenses Executive dominance
‰ Removing fixed tenure.
under PoCA against Central in appointments affects
Government employees. independence.
‰ Allowing Central Government to fix salaries.
Supervises CBI’s functioning Advisory role —
Ê Appointments Delayed:
under PoCA. recommendations are
‰ Vacancies persisted; CIC lacked full strength for years. non-binding.
‰ SC in Anjali Bhardwaj v. UoI (2019) directed timely
Supervises vigilance in Delay in disposal of cases
appointments and transparency.
Central Ministries. weakens deterrence.
Structural and Functional Issues Conducts preliminary inquiry Overlapping jurisdiction
Ê Bureaucratization: Preference to retired civil servants into complaints referred by with CBI and Lokpal.
over experts. Lokpal.

Indian Polity and Constitution 29

Competent authority for Requires prior ministry Suspensive Reconsideration -
whistle-blower complaints consent for probing Veto by Parliament /
under Whistle-blower higher officials; no Obligatory Assent
Protection Act. jurisdiction over private
Pocket Veto Neither Ratification 1986 Post Office
individuals.
nor Rejection Bill
Promotes vigilance awareness Pendency due to
through campaigns like inadequate funds and Impeachment of President
Vigilance Week. human resources. Ê For “violation of Constitution” (undefined).
Way Forward Ê Initiated by either House with 1/4th signatures; passed
by 2/3rd majority of both Houses after investigation.
Ê Safeguard institutional independence.
Ê Timely and diverse appointments. Ê Criticisms: Vague grounds, inconsistent voting rights,
no defined inquiry process.
Ê Ensure adequate funding and infrastructure.
Ê Leverage AI, Big Data, and digitization. Criticism of the Office
Ê Clarify roles of CVC, CBI, and Lokpal to avoid overlap. Ê Ceremonial role, indirect election, misuse of discretion,
politicized elections, delays in decisions, high cost.
24. UNION EXECUTIVE AND STATE President’s Rule (Article 356)
EXECUTIVE Ê Imposed on breakdown of constitutional machinery in
a state.
The Executive is the organ responsible for implementation
and administration. It includes: Ê Parliament assumes legislative power; President governs
via Governor.
Ê Political Executive – Headed by elected leaders
responsible for policy. Ê Needs Parliamentary approval within 2 months;
extendable up to 3 years.
Ê Permanent Executive – Civil servants responsible for
daily administration. Judicial Review of President’s Rule
Comparison of Union and State Executive Ê Phase 1 (Till 1982): Minimal intervention.
Ê Phase 2 (S.R. Bommai, 1994): Judicial review allowed;
Union Executive State Executive
misuse curbed.
Articles 52–78 (Part V) Articles 153–167 (Part VI)
Ê Phase 3 (2005–Present): Rameshwar Prasad case –
President, Vice-President, Governor, CM, Council of unconstitutional actions of Governor struck down.
PM, Council of Ministers, Ministers, Advocate General
Ê Recommended: Use with caution (Sarkaria, Punchhi
Attorney General
Commissions).
President – nominal head; Governor – nominal head;
PM – real head CM – real head The Vice President of India
Ê Second highest office; ex-officio Chairman of Rajya
Executive power vested in Executive power vested in
Sabha.
President (Art. 53) Governor (Art. 154)
Ê Presides over Rajya Sabha, maintains order, refers
Acts on aid and advice Acts on aid and advice of
matters to committees, casting vote in tie, represents RS.
of Council of Ministers Council of Ministers headed
headed by PM (Art. 74) by CM, except discretionary Criticism and Removal of Vice President
powers (Art. 163) Ê Allegations of partisanship, no neutrality mechanism,
The President of India concerns on effective functioning.
Ê Ceremonial Head; guardian of Constitution; symbol of unity. Ê Removed by Rajya Sabha resolution (majority) + Lok
Ê Discretionary Role: In coalition era, appointment of PM, Sabha agreement (simple majority).
emergency powers, veto, judicial appointments. Elections of President vs. Vice President
Ê Not a Rubber Stamp: Can seek information (Art. 78), return
President Vice President
decisions, seek clarifications (e.g., K.R. Narayanan cases).
Elected by elected MPs + Elected by all MPs (elected
Veto Powers of the President
elected MLAs (including + nominated)
Ê Absolute Veto, Suspensive Veto, Pocket Veto (No Qualified Delhi, Puducherry)
Veto as in the USA).
State Legislators included State Legislators excluded
Ê Ensures scrutiny of legislation.
Presidential Veto Powers President of India & France: Election and Role
India follows a parliamentary system where the President
Type of Veto Meaning Example is elected indirectly by MPs and MLAs through Proportional
Absolute Veto Withholding Assent 1954 PEPSU Bill Representation with Single Transferable Vote (STV). France
follows a semi-presidential system, electing the President
Qualified Higher Majority -
directly by people in a two-round system for broader
Veto Override
legitimacy.

30 Prahaar Summary 2025

President and Vice President of India: Term, Qualification & Removal
Office Qualification Conditions Term Removal Re-election
President Citizen of India, 35+, No Parliament/State 5 years Impeachment Yes
eligible for Lok Sabha membership; No office of for violating
profit Constitution
Vice President Citizen of India, 35+, Same as President 5 years Removed by RS Yes
eligible for Rajya Sabha resolution & LS
simple majority

Indian vs USA Presidential Elections Nominates RS members, Nominates LC members,

Aspect India USA Anglo-Indian LS members Anglo-Indian MLA (now
(now repealed) repealed)
Method Indirect by MPs/ Indirect by state
MLAs electors Ordinance powers on Ordinance powers on State
Union matters matters
Electoral MPs + MLAs State electors
College (elected only) Veto powers on Centre and Veto on State Bills; can
referred State Bills reserve for President
Voting Proportional Winner-takes-all
System Representation (most states) Presents CAG, UPSC, FC Presents State CAG, PSC,
with STV reports FC reports
Public Role Indirect Direct for electors Financial Powers
Vote Based on Equal Senate + Ê President: Union Budget, Money Bills (on
Weightage population population in House recommendation), Contingency Fund, Finance
Term 5 years (renewable) 4 years (renewable Commission.
once) Ê Governor: State Budget, Money Bills (on recommendation),
Governor of a State: Appointment, Term & Role Contingency Fund, State Finance Commission.
Ê Appointed by President (Article 155); holds office at Judicial Powers
pleasure of President (Article 156). Ê President: Appoints SC & HC Judges, Pardoning powers
Ê Must be an Indian citizen, 35+ (Article 157). (including Death Penalty).
Ê Conventions: Appointed outsider; consultation with CM. Ê Governor: Consulted in HC appointments, State
Ê Similar office conditions as President. pardoning powers.
Nominated vs Elected Governor Other Powers of the President
Ê Nominated — Central oversight, neutrality; criticized for Ê Diplomatic: Represents India; concludes treaties.
central interference. Ê Military: Supreme Commander; appoints chiefs; can
Ê Elected — Local accountability but may politicize declare war/peace.
office and cause conflicts, conflicting centres of power, Ê Emergency: National, President’s Rule, Financial
excessive election cost. Emergency.
Powers of President & Governor
Privileges & Immunities (Article 361)
Executive Powers Ê Not answerable to courts for official acts; immune from
Ê President: Appoints PM, Ministers, AGI, SC & HC criminal proceedings; civil cases need prior notice.
Judges, CAG, EC, UPSC, Governors; Administers UTs;
Tribal Affairs. All executive action taken in the name Comparison of Veto Powers
of President and allocation of business among various President Governor
ministries. Appoints PM and council of Ministers. Appoint
Assent, withhold, return Assent, withhold, return,
C.M and Council of Ministers.
(except Money Bill), no reserve for President; no
Ê Governor: Appoints CM, Ministers, Advocate General, role in Constitutional role in Constitutional
SEC, SPSC; Chancellor of State Universities; Tribal Amendments Amendments
responsibilities in Scheduled Areas. All executive action
taken in the name of Governor and allocation of business Constitutional Powers and Functions of the
among various ministries. President & Governor: Judicial Interpretations
Legislative Powers and Issues
The President and Governors hold crucial constitutional
President Governor
positions, exercising legislative, ordinance, pardoning,
Summons, prorogues Summons, prorogues and discretionary powers. Judicial interpretations have
Parliament; dissolves LS State Legislature; dissolves emphasized accountability, restricted arbitrary use, and
Assembly
reinforced constitutional boundaries.

Indian Polity and Constitution 31

Pocket Veto: Supreme Court’s Stance Ê For Timelines: Ensures speedy justice, prevents suffering.
Ê April 2025 SC Judgment: Indefinite withholding of assent Ê Against Timelines: Case complexity, political sensitivity.
by President or Governors is unconstitutional under Ê Way Forward: Guidelines over rigid deadlines.
Articles 200 & 201.
Discretionary Powers of President & Governor
Stage Timeline (set by SC)
President Governor
Governor to act on bill Within 1 month
(assent/withhold/reserve) Appoints PM in case of no Appoints CM in case of no
— when acting on advice of clear majority. clear majority.
Council of Ministers Dismisses CoM losing Dismisses CoM losing
confidence. confidence.
Governor to return bill Within 3 months, with
(not money bill) — if acting objections Dissolves Lok Sabha on Dissolves State Assembly
against advice of Council of loss of majority. on loss of majority.
Ministers
Governor’s Constitutional Discretion:
Governor to act on re- Immediately or within
Ê Reserving bills for the President.
passed bill by Legislature 1 month — must grant
(after reconsideration) assent Ê Recommending President’s Rule.
Ê Acting as UT Administrator.
President to act on reserved Within 3 months
bill (under Article 201) Ê Financial decisions on tribal councils.
Ê Seeking information from CM.
Ordinance Making Power of President & Governor
Ê Articles 123 & 213 empower ordinance-making when Issues Related to Governor:
legislature isn’t in session. Ê Arbitrary Removal.
Ê Temporary; needs approval within 6 weeks of legislature Ê Post-retirement Political Appointments.
reassembly. Ê Discretionary Powers Misuse.
Ê Cannot amend the Constitution or violate Fundamental Ê Partisan Role & MCC Violations.
Rights.
Ê Article 356 Misuse.
Ê Can be withdrawn anytime.
Ê Puppet Allegation.
Ê Judicial Checks:
‰ D.C. Wadhwa (1987): Re-promulgation Governor’s Role & Centre-State Relations
unconstitutional. The role of the Governor has often been a subject of controversy
‰ Krishna Kumar Singh (2017): Ordinances not in India’s federal structure due to political tussles and
substitutes for regular law-making. discretionary powers. Recent incidents highlight increasing
€ Responsible Use: Emergency provision only; friction between Governors and state governments.
courts & legislatures must check misuse. Recent Examples
Rationale for Ordinance Power Ê Tamil Nadu: Governor skipped portions of the
Ê Emergency action during legislative recess. government-drafted address.
Ê Quick measures for public safety & order. Ê Maharashtra: Governor revoked President’s Rule and
Ê Fast-tracking laws in urgent situations. swore in a CM lacking majority.
Pardoning Power of President & Governor Ê West Bengal: Assembly passed a Bill replacing the
Governor with CM as Chancellor of State Universities.
Ê Articles 72 & 161 empower pardon, commutation,
remission, respite, reprieve. Ê Kerala & Telangana: Deadlock over gubernatorial assent
to state bills.
Ê SC in Maru Ram (1980) & Epuru Sudhakar (2006):
‰ The President acts on the Council of Ministers’ Key Differences — Sarkaria vs. Punchhi on Governor
advice. Aspect Sarkaria Punchhi Commission
‰ Subject to judicial review. Commission
President Governor Appointment CM + VP + Speaker Neutral selection
consulted committee
For laws under Union For laws under State
executive power. executive power. Tenure Should be Fixed 5 years
guaranteed
Can pardon death Can pardon death
sentences & court-martial sentences only for state Post-Tenure Not addressed Should not return to
punishments. laws, subject to the Politics active politics
President’s power. No Removal Only for compelling In consultation with
court-martial power. reasons CM
Delay in Mercy Petitions Use of Article Rare, with prior Rare, with written
Ê Issues: Mental agony, Article 21 violation. 356 warning reasons

32 Prahaar Summary 2025

Role in Govt No explicit Prefer pre-poll Ê Allocates portfolios and reshuffles.
Formation guidelines alliances Ê Presides over CoM meetings, guides and coordinates
ministries.
Assent to President to state Reserve only on
Bills reasons constitutional grounds Ê Can seek resignation or recommend dismissal of ministers.
Ê Resignation of PM/CM leads to fall of CoM.
25. PRIME MINISTER & CHIEF MINISTER Other Powers & Functions
The Prime Minister (PM) at the Union level and the Chief Prime Minister
Minister (CM) at the State level are the real (de facto) Ê Cabinet architect — selects members, allocates portfolios,
executives, heading the government. They are pivotal in policy- leads Cabinet Committees.
making, administration, crisis management, and legislative Ê Crisis Manager-in-Chief — chairs National Disaster
coordination. Though the Constitution does not detail their Management Authority.
appointment procedure, conventions, judicial pronouncements,
Ê Leads on foreign policy, diplomacy, global forums.
and constitutional provisions shape their roles.
‰ Example: Retained key portfolios during coalition
Appointment of PM & CM govt in 2024 for policy continuity.
Ê PM is appointed by the President (Article 75) and CM by Chief Minister
the Governor (Article 164).
Ê Executive head at state — recommends ministers, leads
Ê Discretionary Situations: cabinet.
‰ Hung House: Leader of largest party/coalition Ê Member of Inter-State Council, NITI Aayog Governing
invited to prove majority (e.g., Charan Singh, 1979). Council, chairs State Planning Board, vice-chair Zonal
‰ Sudden Death: Interim PM/CM appointed till Council.
majority is proven (e.g., Rajiv Gandhi, 1984). Ê Leads crisis response — chairs State Disaster
Ê Important Judgements: Management Authority.
‰ Delhi HC (1980): PM/CM can be appointed before ‰ Example: Assam Floods 2024 — CM Sarma led
proving majority. disaster response & relief efforts.
‰ SC (1997): Non-member can be PM/CM for 6
months, must get elected within that period. 26. COUNCIL OF MINISTERS IN
Powers & Functions PARLIAMENTARY SYSTEM
Power & Functions with Legislature The Constitution broadly outlines the Council of Ministers
(CoM) under Articles 74 & 75 (Centre) and 163 & 164 (State),
PM & Parliament CM & State
leaving much to convention and executive discretion. The
Legislature
PM/CM decides its size and structure, subject to the 91st
Leader of Lok Sabha (Generally Leader of State Amendment (2003) — capping ministers at 15% of the Lok
not always, can be member Legislative Assembly Sabha/State Assembly strength.
and leader of Rajya Sabha )
Categories of Ministers
Advises President on sessions Advises Governor on
and inform him of legislative sessions and inform Cabinet Ministers of Deputy Ministers
business and proposal. him of legislative Ministers State
business and proposal. Head key Hold independent Assist Cabinet
Recommends dissolution of Recommends ministries (Home, charge or assist Ministers without
Lok Sabha dissolution of Assembly Defence, Finance) Cabinet Ministers independent charge
Announces govt. policies in Announces govt. Attend Cabinet Not Cabinet Not Cabinet
House policies in House meetings and key members; attend members; do not
decision-making only when invited attend meetings
Power & Functions with President/Governor
Responsibility of Ministers
PM & President CM & Governor
Principal communication Principal communication Individual Responsibility (Art. 75 & 164)
link (Art. 78) link (Art. 167) Ê Ministers hold office at the pleasure of the President/
Governor on PM/CM’s advice.
Communicates CoM Communicates CoM
decisions decisions Ê Can be removed for underperformance or disagreement.
Submits information & Submits information & Collective Responsibility
proposals proposals Ê CoM is collectively responsible to Lok Sabha/State
Advises on key Advises on key Assembly.
appointments (UPSC, AGI, appointments (PSC, Ê Defeat in a no-confidence motion forces the entire CoM
CAG) Advocate General, SEC) to resign.
Power in Relation to Council of Ministers Ê Ministers must uphold Cabinet decisions or resign (e.g.,
Ê Recommends appointment of Ministers. B.R. Ambedkar, 1953).

Indian Polity and Constitution 33

 27. CABINET SYSTEM IN INDIA 28. THE COUNCIL OF MINISTERS IN INDIA
The Cabinet is the nucleus of the Council of Ministers, The Constitution of India establishes a parliamentary system
comprising senior ministers. It is the real executive authority, modeled on the British system, where the Council of Ministers
highest decision-making body, chief policy formulator, and headed by the Prime Minister exercises real executive power.
coordinator of administration at the Centre/State. Its advice Constitutional Provisions
is binding on the President/Governor. It handles legislative,
Ê Article 74: Council of Ministers shall aid and advise the
financial, crisis management, foreign affairs (Centre), and President — advice is binding.
higher appointments.
Ê Article 75: Ministers are collectively responsible to
Cabinet Types and Related Bodies the Lok Sabha; size capped at 15% of Lok Sabha (91st
Amendment); individual responsibility to the President.
Kitchen Cabinet
Ê Article 77: President makes rules for smooth transaction
An informal group of the PM and trusted aides, often including of government business.
non-ministers.
Hierarchy of Ministers
Merits Demerits
Cabinet Ministers Other Ministers
Efficient and quick Undermines formal Cabinet
decision-making authority Members of the Cabinet; Ministers of State and
attend meetings; policy Deputy Ministers; not part
Enables secrecy on Allows non-official
decisions of Cabinet
sensitive issues influence
Handle key portfolios like Often assist Cabinet
Facilitates frequent May breed mistrust in
Home, Defence, Finance Ministers or hold
discussions Cabinet
independent charge
Shadow Cabinet Parliamentary Secretaries
Practiced mainly in the UK, it comprises opposition leaders Ê Parliamentarians appointed to assist Ministers; often
mirroring portfolios for accountability. with MoS rank.
Merits Demerits Ê Not constitutional ministers under Articles 75/164; not
administered oath.
Ensures structured May fuel confrontation
opposition scrutiny politics Justifications
Ê Help manage increased workload.
Prepares alternative No formal recognition in
leadership India Ê Legislatures can enact laws to exempt certain posts.
Ê They assist Ministers; hold no independent authority.
Encourages policy-based Hard to implement amid
debate coalition politics Criticisms
Ê Violates Separation of Powers.
Cabinet Committees
Ê Misuse of Article 102 (Office of Profit); enlarges cabinet
Sub-groups within the Cabinet for specialized tasks; may be indirectly.
standing or ad hoc.
Ê Breaches public interest & national security — access
Advantages Disadvantages to sensitive info without oath.
Ê Circumvents 15% cap on ministers.
Reduces Cabinet workload Limited coverage of policy
areas Ê Often used for political appeasement.
Facilitates detailed Work on referred matters
discussion only
29. PARLIAMENTARY COMMITTEES
Parliamentary committees play a vital role in the legislative
Harnesses ministerial Irregular meetings affect
process by ensuring detailed scrutiny of bills, policies, and
expertise monitoring
budgets. Comprising MPs from various parties, they work in
Cabinet Size and Government Efficiency a non-partisan manner for effective functioning of Parliament.
Ê Larger Cabinet: Broader representation (coalition Structure of Parliamentary Committees
partners, social groups), but risks inefficiency and Ê Powers: Derived from Articles 105 & 118.
blurred responsibilities.
Ê Membership: MPs with occasional expert advisors.
Ê Smaller Cabinet: Promotes quick decisions, manageable
Ê Standing Committees: Permanent bodies, e.g., 24
coordination but may lack inclusive representation.
Departmentally Related Standing Committees (DRSCs).
Example:
Ê Financial Committees:
Ê UPA (2004-14): Had a large Cabinet for coalition
‰ Public Accounts Committee (PAC): Examines CAG
management. reports.
Ê United Front (1990s): Faced criticism for policy delays ‰ Estimates Committee: Reviews budget estimates.
due to size.
‰ Committee on Public Undertakings (COPU):
Ê Balance is key — ensuring efficiency without Reviews PSU performance.
compromising inclusiveness and coordination.

34 Prahaar Summary 2025

Ê Select Committees: Temporary; formed for specific bills.
30. REPRESENTATION OF PEOPLE ACT
Ê Joint Committees: Include MPs from both Houses for
select matters. Representation of the People Act, 1950
Ê Ad Hoc Committees: Formed for specific purposes. Ê Lays the electoral framework for preparation and revision
Why Committees are Important? of electoral rolls for all elections.
Ê Provide specialized scrutiny. Ê Defines voter eligibility: Indian citizenship and 18 years
of age.
Ê Enable detailed examination beyond the floor of the
House. Ê Provides allocation of seats, delimitation of constituencies.
Ê Ensure better time management. Ê Empowers ECI to supervise rolls and appoint officers.
Ê Foster cross-party cooperation. Ê Reserves seats for SCs and STs.
Ê Facilitate expert and stakeholder consultations. Representation of the People Act, 1951
Ê Promote accountability in governance. Ê Governs conduct elections: nomination, polling, counting,
results.
Challenges
Ê Specifies qualifications and disqualifications of
Ê Decline in referral of bills (e.g., RTI & UAPA Amendments candidates.
2019).
Ê Defines corrupt practices and electoral offences.
Ê Member absenteeism, politicization, lack of expertise.
Ê Provides for election petitions and dispute resolution.
Ê Non-binding recommendations limit effectiveness.
Ê Empowers ECI for free and fair elections.
Financial Committees & Institutionalisation
Significance of RPA
Ê Examine government expenditure for accountability.
Ê Fills constitutional gaps and strengthens democracy.
Ê Facilitate cross-party deliberations. Ê Ensures equal voting rights through a single electoral
Ê Promote transparency and in-depth discussions. roll.
Ê PAC is headed by an opposition MP, ensuring unbiased Ê Decriminalization efforts via disqualification provisions.
scrutiny. Ê Promotes transparency with asset declaration and voter
Ê Examples: GST Bill discussions, PAC’s Rafale report, rights.
deliberations on Insolvency Code. Ê Empowers electoral officers against corrupt practices.
Estimates Committee’s Role Challenges of RPA
Ê Examines expenditure estimates. Ê No strict rules against misuse of power/funds by the
Ê Evaluates performance of programs. ruling party.
Ê Suggests improvements and ensures accountability. Ê High percentage of MPs with criminal records.
Public Accounts Committee’s Role Ê Social media misuse during elections.
Ê Reviews account and ensure lawful expenditure. Ê ECI lacks power to deregister dummy/inactive parties.
Ê Investigates irregularities flagged by CAG. Ê Dependence on government machinery affects ECI
autonomy.
Ê Provides improvement recommendations.
Disqualifications Under RPA, 1951
Ê Ensures non-partisan financial scrutiny.
Ê Notable Examples: 2G Spectrum, Coal Scam. Section 8: Disqualification on Conviction
Ê 8(1): Serious laws like UAPA – disqualification for 6 years.
Cabinet Committee on Security (CCS)
Ê 8(2): Offences like dowry, hoarding – disqualification.
Ê Apex security decision-making body chaired by the PM.
Ê 8(3): Any offence with ≥2 years imprisonment –
Ê Handles defense procurement, internal security, and
disqualification for 6 years post-release.
strategic affairs.
Other Disqualifications
Department-Related Standing Committees (DRSCs)
Ê Engagement in corrupt practices.
Ê Established in 1993 with 24 DRSCs.
Ê Dismissal for corruption/disloyalty.
Ê Examine bills, budgets, and policy implementation.
Ê Involvement in government contracts.
Ê Strengthen legislative oversight.
Ê Failure to submit election expenses.
Way Forward Remedies
NCRWC recommends extending DRSC tenure, structured Ê Section 11: Approach ECI for relief (except corrupt practices).
referrals, enhancing research support, periodic reviews, and
Ê Section 116A: Appeal to SC for HC election petition
ministerial briefings to strengthen parliamentary committees.
disqualification.
Parliamentary committees ensure Parliament’s institutional
vitality through scrutiny, deliberation, and accountability, Disqualification from Voting
despite operational challenges. Ê 6-year ban for serious electoral offences like bribery.

Indian Polity and Constitution 35

Need for Simplified Disqualification Ê Anonymous publications, promoting hatred, false
Ê Ensure timely decisions and deterrence. information.
Ê Enhance legal clarity and public trust. Ê Booth capturing, secrecy breach, ballot tampering.
Key Judgements and Recommendations Ê Other offences like canvassing, misconduct, arms at
polls, alcohol sale.
Ê Lily Thomas (2013): Immediate disqualification upon
conviction. Voting Rights for NRIs
Ê Patna HC: Detainees can’t contest. Ê ETPBS allows postal voting for service voters.
Ê Law Commission (244th): Disqualification at charge Ê NRIs have had voting rights since 2011 (in-person only).
framing stage.
Challenges for NRI Voting
Election Disputes Under RPA, 1951
Ê Voter identification and security.
Ê Petition within 45 days; jurisdiction with the High Court.
Ê Ensuring Model Code of Conduct compliance.
Ê Trial by single judge; CPC and Evidence Act followed.
Ê Grounds: Corrupt practices, vote irregularities, non- 31. COMPARISON OF THE INDIAN
compliance with laws
CONSTITUTIONAL SCHEME WITH
Registration of Political Parties
OTHER COUNTRIES
National Party State Party
6% votes in atleast 4 states 6% votes in state + 2 India and USA
+ atleast 4 Lok Sabha seats Assembly seats Attributes USA India
2% LS seats in 3 states 6% LS votes in state + 1 LS seat Nature of Shortest, rigid Longest, partly
Recognized as state party 3% or 3 Assembly seats Constitution rigid
in 4 states Federalism Unbreakable Indestructible
8% votes in state union, symmetrical union,
asymmetrical
Benefits to Recognized Political Parties
Ê Relaxation in nomination process. Government Presidential, Parliamentary,
separation of fusion of powers
Ê Access to media time and electoral rolls.
powers
Ê Reserved symbols and adjournment in case of candidate’s
death. President & VP VP succeeds VP acts till
President, veto election, no veto
Voter’s Right to Know powers
Ê Mandatory disclosure of criminal records, assets, and
Citizenship Dual citizenship Single citizenship
liabilities.
Ê Section 75A: Declaration of assets within 90 days of oath. Legislature Bicameral, Parliamentary
separation from system, executive
Ê Section 77: Expense account within 30 days of result.
executive from legislature
Supreme Court Rulings on Right to Know
Fundamental Due process of law Procedure
Case Ruling Rights established by law
ADR v. Union of India, Disclosure of criminal records, Checks & Strict separation of Legislature &
2002 assets, education. Balances powers Executive fused
PUCL v. Union of India, Voter’s fundamental right to Emergency Limited emergency Extensive
2003 know. powers emergency
provisions
Resurgence India, 2013 Incomplete affidavits = rejection.
Judiciary Presidential Collegium system
Krishnamurthy v. Disclosure of criminal
appointment with
Sivakumar, 2015 antecedents.
Senate
Lok Prahari v. ECI, Disclosure of income sources of
Amendment Rigid, state Flexible & rigid
2018 candidates.
ratification
Corrupt Practices (Section 123)
India and Britain
Ê Promotion of enmity, sati glorification, bribery, undue
influence. Attributes Britain India
Ê Religious appeals, use of government officials, booth Nature Unwritten, flexible Written, partly rigid
capturing.
Parliament Unlimited powers Limited by judiciary
Ê False publications, violating expenditure limits. Sovereignty
Ê Use of vehicles for free conveyance. Executive Legal responsibility No individual legal
Electoral Offences of ministers responsibility
Ê Disturbances at public meetings, exit poll violations. Head of State Monarchy Republic

36 Prahaar Summary 2025

Judiciary Limited review Wide judicial review India and China
Legislature Commons & Lords Lok Sabha & Rajya Attributes China India
Sabha Legislature NPC, Standing Bicameral with
Speaker Neutral, non- No such convention Committee committees
contested
Executive State Council led Council of
Prime Only from From either House by Premier Ministers led by PM
Minister Commons
President Elected by NPC Ceremonial
Shadow Exists Not applicable President
Cabinet
Rights & Legally enforceable FRs with DPSPs
India and France Duties
Attributes France India Judiciary Dedicated socialist Independent
judiciary judiciary
Government Semi-presidential Parliamentary
Law Making Limited Parliament Full legislative power India and Japan
Parliament Bicameral, Bicameral, some Attributes Japan India
unequal houses special powers
Government Ceremonial Ceremonial
Secularism Rigid secularism Positive secularism Emperor President
Amendment Rigid, possible Flexible & rigid Legislature Diet with 2 Houses Bicameral
referendum Parliament
President Direct election Indirect election Executive Emperor appoints President appoints
Prime Minister Advises President Real head PM PM

Judiciary High Council Collegium system Judiciary Judicial authority Collegium system
appoints in courts

Indian Polity and Constitution 37

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