UGC NET NOTES

Indian polity
Vishnu Rankawat

For complete units notes – 9549019854

 Vishnu Rankawat
Research scholar, JNU New Delhi
M.A in political science (Rajasthan University)
Qualified UGC NET – JRF June 2020
Contact - 9549019854
YouTube channel – we can
Important Articles in Indian Constitution

Article 1 – Name and territory of the union.

Article 2 – Admission and establishment of the new state.
Article 3 – Formation of new states and alteration of areas,
boundaries, and name of existing states.
Article 5 – Citizenship at the commencement of the
constitution.

Article 6 – Rights of citizenship of a certain person who has

migrated to India from Pakistan.
Article 10 – Continuance of rights of citizenship.
Article 11 – Parliament to regulate the right of citizenship
by law.

Article 12 – Definition of the state.

Article 13 – Laws inconsistent with or in derogation of the
fundamental rights.
Article 14 – Equality before the law.
Article 15 – Prohibition of discrimination on the grounds of
religion, race, caste, sex, or place of birth.

Article 16 – Equality of opportunity in matters of public

employment.
Article 17 – Abolition of the untouchability.
Article 18 – Abolition of titles.

Article 19 – Guarantees to all the citizens the six rights and

they are:

• a – Freedom of speech and expression.

• b – Freedom to assemble peaceably and without
arms.
• c – Freedom to form associations or unions.
 • d – Freedom to move freely throughout the territory
of India.
• e – Freedom to reside and settle in any part of the
territory of India.
• f – Omitted
• g – Freedom to practice any profession, or to carry
on any occupation, trade or business.

Article 20 – Protection in respect of conviction for

offences.
Article 21 – Protection of life and personal liberty.
Article 22 – Protection against arrest and detention in
certain cases.
Article 23 – Prohibition of traffic in human beings and
forced labour.
Article 24 – Prohibition of employment of children (Under
the age of 14) in factories and mines.
Article 25 – Freedom of conscience and free profession,
practice and propagation of religion.
Article 26 – Freedom to manage religious affairs.
Article 27 – Freedom as to pay taxes for promotion of any
particular religion.

Article 28 – Freedom from attending religious instruction.

Article 29 – Protection of interest of minorities.
Article 30 – Right of minorities to establish and administer
educational institutions.
Article 32 – Remedies for enforcement of Fundamental
Rights.
Article 36 – Definition

Article 37– Application of DPSP

Article 39A – Equal justice and free legal aid
Article 40 – Organization of a village panchayat
Article 41 – Right to work, to education, and to public
assistance in certain cases
Article 43 – Living Wages, etc. for workers.
Article 43A – Participation of workers in the management
of industries.
Article 44 – Uniform civil code. ( applicable in Goa only)
Article 45 – Provision for free and compulsory education
for children.

Article 46 – Promotion of educational and economic

interest of scheduled castes (SC), scheduled tribes (ST), and
OBC.
Article 47– Duty of the state to raise the level of nutrition
and the standard of living and to improve public health.
Article 48 – Organization of agriculture and animal
husbandry.
Article 49 – Protection of monuments and places and
objects of natural importance.
Article 50 – Separation of judiciary from the executive.
Article 51 – Promotion of international peace and security.
Article 52 – The President of India

Article 53 – Executive Power of the union

Article 54 – Election of President
Article 61 – Procedure for Impeachment of the President
Article 63 – The Vice–president of India
Article 64 – The Vice–President to be ex–officio chairman
the council of States
Article 66 – Election of Vice–president
Article 72 – Pardoning powers of President
Article 74 – Council of ministers to aid and advise
President
Article 76 – Attorney–General for India
Article 79 – Constitution of Parliament
Article 80 – Composition of Rajya Sabha
Article 81 – Composition of Lok Sabha
Article 83 – Duration of Houses of Parliament

Article 93 – The speakers and Deputy speakers of the house

of the people
Article 105 – Powers, Privileges, etc. of the House of
Parliament
Article 109 – Special procedure in respects of money bills
Article 110 – Definition of “Money Bills”

Article 112 – Annual Financial Budget

Article 114 –Appropriation Bills
Article 123 – Powers of the President to promulgate
Ordinances during recess of parliament
Article 124 – Establishment of Supreme Court
Article 125 – Salaries of Judges

Article 126 – Appointment of acting Chief justice

Article 127 – Appointment of ad–hoc judges
Article 128 –Attendance of retired judge at sitting of the
Supreme Court
Article 129 – Supreme Court to be a court of Record
Article 130 – Seat of the Supreme Court

Article 136 – Special leaves for an appeal to the Supreme

Court
Article 137 – Review of judgment or orders by the Supreme
Court
Article 141 – Decision of the Supreme Court binding on all
the courts
Article 148 – Comptroller and Auditor– General of India
Article 149 – Duties and Powers of CAG
Article 153 – Governors of State
Article 154 – Executive Powers of Governor

Article 161 – Pardoning powers of the Governor

Article 165 – Advocate–General of the State
Article 213 – Power of Governor to promulgate ordinances
Article 214 – High Courts for states
Article 215 – High Courts to be a court of record

Article 226 – Power of High Courts to issue certain writs

Article 233 – Appointment of District judges
Article 235 – Control over Subordinate Courts
Article 243A – Gram Sabha
Article 243B – Constitution of Panchayats
Article 266 – Consolidated Fund and Public Accounts Fund
Article 267 – Contingency Fund of India

Article 280 – Finance Commission

Article 300 A – Right to property
Article 301 – Freedom to trade, commerce, and intercourse
Article 302 – Power of Parliament to impose restrictions on
trade, commerce, and intercourse.

Article 312 – All– India–Service

Article 315 – Public service commissions for the union and
for the states
Article 320 – Functions of Public Service Commission
Article 323A – Administrative Tribunals
Article 324 – Superintendence, direction and control of
Elections to be vested in an Election Commission
Article 325 – No person to be ineligible for inclusion in or
to claim to be included in a special, electoral roll on grounds
of religion, race, caste, or sex
Article 326 – Elections to the house of the people and to the
legislative assemblies of states to be on the basis of adult
suffrage

Article 338 – National Commission for the SC & ST

Article 340 – Appointment of a commission to investigate
the conditions of backward classes
Article 343 – Official languages of the Union

Article 345 – Official languages or languages of a state

Article 348 – Languages to be used in the Supreme Court
and in the High Courts
Article 351 – Directive for development of
the Hindi languages
Article 352 – Proclamation of emergency (National
Emergency)

Article 356 – State Emergency (President’s Rule)

Article 360 – Financial Emergency

Article 361 – Protection of President and Governors

Article 368 – Powers of Parliaments to amend the
constitution

Article 393 – Short title – This Constitution may be called

the Constitution of India
Features of the parliamentary system
– Close relationship between the legislature and the
executive
– Executive responsible to the legislature
– Dual executive
– Secrecy of procedure
– Leadership of the Prime Minister
– Bicameral Legislature
– No fixed tenure

Difference between parliamentary and presidential

system

Parliamentary Presidential
Meaning In Parliamentary In Presidential
system the system, the
legislative and legislative, executive
executive body of and judiciary body
government are of the government
closely related, are independent of
while the judiciary is each other
independent of the
other two bodies of
government

Executive Dual executive Single executive

Accountability The executive is The executive is not
accountable to the accountable to the
legislature legislature

Powers Concentrated Divided

Ministers Only the members of Persons outside the

Parliament can be legislature are
appointed as appointed as
ministers ministers
Dissolution of lower Prime Minister can President cannot
house dissolve the lower dissolve lower house
house before the
expiry of its term

Tenure of Not fixed Fixed

Executive

All India service

 • In 1963, Indian Forest Service (IFoS) was created and
it came into existence in 1966.
• The All India Services Act, 1951 empowers the
government of India to make, after consultation with
state governments, rules for the regulation of
recruitment and conditions of service of the persons
appointed to an All India Service
• Constitution safeguard to All India Services – article
311
• Article 312 is related to All India Services

Important commission

Dhar Commission

There was a demand from different regions, mainly South

India, for reorganization of States on linguistic basis.
Consequently, in June 1948, the Government of India
appointed the Linguistic Provinces Commission under
the chairmanship of S.K.Dhar to study the feasibility of
organizing states on Linguistic basis.

The Commission, later on, rejected the linguistic basis of

reorganization of States and recommended the
reorganization of States on the basis of following criterias :

1. Geographical contiguity
2. Financial self-reliance
3. Administrative viability
4. Potential for development

JVP Committee (Jawaharlal Nehru, Vallahbhai Patel,

Pattabhi Sitaramayya)
The report submitted by Dhar commission led to much
resentment among the people. As a result, in the Jaipur
session of 1948, Congress appointed a three member
committee to consider the recommendations of Dhar
Commission. This committee also rejected the linguistic
factor of reorganization of the states. This
committee recommended the reorganization of States on the
basis of security, unity and economic prosperity of the
nation.

However, the Indian Government was forced by the death

of Potti Sriramulu to create the first linguistic state, known
as Andhra State, by separating the Telugu speaking areas
from the Madras State. Potti Sriramulu became famous for
undertaking the hunger strike in support of the formation of
an Indian state for the Telugu-speaking population
of Madras Presidency; he lost his life in the process. His
death sparked public rioting, and Indian prime
minister Jawaharlal Nehru declared the intent to
form Andhra State three days following.

Fazl Ali Commission

Chairman : Fazl Ali

Members : Hridaynath Kunzru and K.M.Panikkar

After the formation of Andhra Pradesh on the basis of

linguistic factor, all hell break loose. The other regions also
started demanding for creation of separate states on the
basis of linguistic factor. The intense pressure forced the
Indian Government to form a new commission to visit the
whole question of whether the linguistic basis of separation
of states can be considered or not. It led to the formation of
Fazl Ali Commission in 22 December 1953.

The commission submitted its report on September 1955

and acknowledged 4 major factors to be taken into account
in any scheme of reorganization of states :

1. Linguistic and Cultural homogenity

2. Preservation and strengthening of the unity and security
of the nation.
3. Financial, Economic and Administrative considerations.
4. Planning and promotion of the welfare of the people in
each state as well as of the Nation as a whole.

It suggested the reorganization of 27 states of various

categories into 16 states and 3 Union Territories. The
recommendations of the Fazl Ali Commission was accepted
by the Indian Government with minor modifications. As a
result, the State Reorganization Act of 1956 was passed by
the Parliament to give effect to the recommendation of the
commission. It led to the formation of 14 states and 6
Union Territories on 1st November, 1956.

Punchi Commission in 2007

• The Central government constituted the Punchi
Commission in 2007 to examine centre-state relations
along with the possibility of giving sweeping powers to
the centre for suo motu deployment of Central forces in
states and investigation of crimes affecting national
security. It was chaired by the former Chief Justice of
India M.M. Punchi. It submitted its recommendation in
2009. Some of its important recommendations are
given in the following:
• It called for giving a fixed term of five years to the
governors and their removal by the process of
impeachment (similar to that of the President) by the
State Legislature.
• The governor should have the right to sanction
prosecution of a minister against the advice of the
council of ministers.
• It called for an amendment of Articles 355 and 356 to
enable centre to bring specific trouble-torn areas under
 its rule for a limited period. Hence, it proposed
‘localizing emergency provisions’ under which either a
district or parts of a district can be brought under the
central rule instead of the whole state. Such an
emergency should not be for more than 3 months.
• It proposed that Centre should have power to deploy its
forces in case of communal conflagration without
state’s consent for a short period of a week.

Important committee
Ashok Mehta Committee & Panchayati Raj
• The committee was appointed in 1977 to suggest
measures to revive and strengthen the declining
Panchayati Raj system in India.
• The key recommendations are:
 • The three-tier system should be replaced with two-tier:
Zila Parishad (district level) and the Mandal
Panchayat (a group of villages).
• District level as the first level of supervision after the
state level.
• Zila Parishad should be the executive body and
responsible for planning at the district level.
• The institutions (Zila Parishad and the Mandal
Panchayat) to have compulsory taxation powers to
mobilise their own financial resources.

Important Cases
1. Berubari case 1960
• Preamble is not part of constitution
2. Keswanand bharati 1973
• Preamble is part of constitution

3. S.R bommai case 1994

• Preamble is the integral part of constitution

4. Shankri prasad case 1951

• The First Constitution Amendment Act, 1951 was
challenged in the Shankari Prasad vs. Union of India
case. The amendment was challenged on the ground
that it violates the Part-III of the constitution and
therefore, should be considered invalid. The Supreme
Court held that the Parliament, under Article 368, has
the power to amend any part of the constitution
including fundamental rights.
5. Sajjan singh case 1965
• The Supreme Court held that the Parliament, under
Article 368, has the power to amend any part of the
constitution including fundamental rights

6. Golakh nath case 1967

• In Golak Nath vs State of Punjab case in 1967, the
Supreme Court overruled its earlier decision. The
Supreme Court held that the Parliament has no power
to amend Part III of the constitution as the fundamental
rights are transcendental and immutable. According to
the Supreme Court ruling, Article 368 only lays down
the procedure to amend the constitution and does not
give absolute powers to the parliament to amend any
part of the constitution.
7. A.K. Gopalan Case (1950)
SC contented that there was no violation of
Fundamental Rights enshrined in Articles 13, 19, 21
and 22 under the provisions of the Preventive
Detention Act, if the detention was as per the procedure
established by law. Here, the SC took a narrow view of
Article 21.

8. Shankari Prasad Case (1951)

This case dealt with the amendability of Fundamental
Rights (the First Amendment’s validity was
challenged). The SC contended that the Parliament’s
power to amend under Article 368 also includes the
power to amend the Fundamental Rights guaranteed in
Part III of the Constitution.
9. Berubari Union case (1960)
This case was regarding the Parliament’s power to
transfer the territory of Berubai to Pakistan. The
Supreme Court examined Article 3 in detail and held
that the Parliament cannot make laws under this article
in order to execute the Nehru-Noon agreement. Hence,
the 9th Amendment Act was passed to enforce the
agreement.

10. Golaknath case (1967)

The questions in this case were whether amendment is
a law; and whether Fundamental Rights can be
amended or not. SC contented that Fundamental Rights
are not amenable to the Parliamentary restriction as
stated in Article 13, and that to amend the Fundamental
rights a new Constituent Assembly would be required.
Also stated that Article 368 gives the procedure to
amend the Constitution but does not confer on
Parliament the power to amend the Constitution.

11. Kesavananda Bharati case (1973)

This judgement defined the basic structure of the
Constitution. The SC held that although no part of
the Constitution, including Fundamental Rights, was
beyond the Parliament’s amending power, the “basic
structure of the Constitution could not be abrogated
even by a constitutional amendment.” This is the
basis in Indian law in which the judiciary can strike
down any amendment passed by Parliament that is in
conflict with the basic structure of the Constitution.

12. Indira Nehru Gandhi v. Raj Narain case (1975)

The SC applied the theory of basic structure and
struck down Clause(4) of article 329-A, which was
inserted by the 39th Amendment in 1975 on the
grounds that it was beyond the Parliament’s
 amending power as it destroyed the Constitution’s
basic features.

13. Maneka Gandhi case (1978)

A main issue in this case was whether the right to go
abroad is a part of the Right to Personal Liberty
under Article 21. The SC held that it is included in
the Right to Personal Liberty. The SC also ruled that
the mere existence of an enabling law was not
enough to restrain personal liberty. Such a law must
also be “just, fair and reasonable.”

14. Minerva Mills case (1980)

This case again strengthens the Basic Structure
doctrine. The judgement struck down 2 changes
made to the Constitution by the 42nd Amendment
Act 1976, declaring them to be violative of the basic
 structure. The judgement makes it clear that the
Constitution, and not the Parliament is supreme.

15. Waman Rao Case (1981)

The SC again reiterated the Basic Structure doctrine.
It also drew a line of demarcation as April 24th, 1973
i.e., the date of the Kesavananda Bharati judgement,
and held that it should not be applied retrospectively
to reopen the validity of any amendment to the
Constitution which took place prior to that date.

16. Shah Bano Begum case (1985)

Milestone case for Muslim women’s fight for rights.
The SC upheld the right to alimony for a Muslim
woman and said that the Code of Criminal
Procedure, 1973 is applicable to all citizens
irrespective of their religion. This set off a political
 controversy and the government of the day
overturned this judgement by passing the Muslim
Women (Protection on Divorce Act), 1986,
according to which alimony need be given only
during the iddat period (in tune with the Muslim
personal law).

17. MC Mehta and Union Of India (1986)

This case dealt with 3 issues: Scope of Article 32;
rule of Absolute Liability or Rylands vs Fletcher to
be followed; issue of compensation. SC held that its
power under Article 32 is not restricted to preventive
measures, but also remedial measures when rights
are violated. It also held that in the case of industries
engaged in hazardous or inherently dangerous
activities, Absolute Liability was to be followed.
Finally, it also said that the amount of compensation
must be correlated to the magnitude and capacity of
the industry so that it will be a deterrent.
18. Indra Sawhney and Union of India (1992)
SC examined the scope and extent of Article 16(4),
which provides for the reservation of jobs in favour
of backward classes. It upheld the constitutional
validity of 27% reservation for the OBCs with
certain conditions (like creamy layer exclusion, no
reservation in promotion, total reserved quota should
not exceed 50%, etc.)

19. S. R. Bommai case (1994)

In this judgement, the SC tried to curb the blatant
misuse of Article 356 (regarding the imposition of
President’s Rule on states).

20. Vishaka and State of Rajasthan (1997)

 This case dealt with sexual harassment at the
workplace. In the judgement, the SC gave a set of
guidelines for employers – as well as other
responsible persons or institutions – to immediately
ensure the prevention of sexual harassment. These
are called ‘Vishaka Guidelines’. These were to be
considered law until appropriate legislation was
enacted.

21. Pedophilia case (2011)

The SC restored the conviction and sentence of 6-
year (RI) rigorous imprisonment imposed on 2 UK
nationals who were acquitted by the Bombay High
Court in a paedophilia case. The court said that “the
sexual abuse of children is one of the most heinous
crimes.”

22. NOTA judgement (2013)

 This judgement introduced the NOTA (None-Of-
The-Above) option for Indian voters.

23. Nirbhaya Case (2014)

Introduction of the Criminal Law (Amendment) Act,
2013 and definition of rape under the Protection of
Children from Sexual Offences Act, 2012, the Indian
Evidence Act, 1872, Indian Penal Code, 1860 and
Code of Criminal Procedures, 1973.

24. Triple Talaq Judgement (2016)

The SC outlawed the backward practice of instant
‘triple talaq’, which permitted Muslim men to
unilaterally end their marriages by uttering the word
“talaq” three times without making any provision for
maintenance or alimony.
 25. Right To Privacy (2017)
The SC declared the right to privacy as a
Fundamental Right protected under the Indian
Constitution.

26. Repealing Section 377 (2018)

The SC ruled that Section 377 was unconstitutional
“in so far as it criminalises consensual sexual
conduct between adults of the same sex.”

States that have special provisions under Article 371(A-

J):
Article 371 – Maharashtra and Gujarat
Governors of the states of Maharashtra and Gujarat are
given special responsibilities to set up development boards
in regions such as Vidarbha, Marathwada, Kutchh etc.
Article 371A – Nagaland
Article 371A of the Constitution mainly states that no act of
Parliament would apply to the state of Nagaland in matter
relating to religious or social practices of Nagas, Naga
customary law and procedure, administration of civil or
criminal justice involving decisions according to Naga
customary law and ownership and transfer of land and its
resources. The Legislative Assembly of Nagaland must pass
a resolution for an act to be applicable to the state.
The governor is given special responsibilities with respect
to law and order in the state as well.

Article 371B – Assam

According to the special provision under Article 371B, the
president may provide for the Constitution and functions of
a committee of Legislative Assembly of the state consisting
of members elected from the tribal areas of Assam.
Article 371C – Manipur
The special provision under Article 371C in the case of
Manipur is similar to 371B for Assam. Here, too, the
president may provide for the Constitution and functions of
a committee of Legislative Assembly of the state, but
consisting of members elected from the hill areas of
Manipur.
The governor must submit an annual report to the president
regarding the administration of hill areas as well.

Article 371D & E – Andhra Pradesh

Article 371D, which was added to the Constitution in 1974,
provides equitable opportunities and facilities for the people
of the state and safeguards their rights in matters of
employment and education. The state government may
organise civil posts or direct recruitment to posts in local
cadre as required.
Article 371E states that the Parliament may by law provide
for the establishment of a University in Andhra Pradesh.

Article 371F – Sikkim

Article 371F was incorporated into the Constitution in 1975.
It states that the Legislative Assembly shall consist of not
less than 30 members. In order to protect the rights and
interests of the different sections of the population in the
state of Sikkim, seats in the assembly are provided to people
of these different sections.
Article 371G – Mizoram
The Legislative Assembly of the state of Mizoram must
consist of not less than 40 members. In addition, following
the same provisions as Nagaland, an act of Parliament
would not apply to Mizoram in matters relating to religious
or social practices of Mizo, Mizo customary law and
procedure, administration of civil or criminal justice
involving decisions according to Mizo customary law,
ownership and transfer of land and its resources.

Article 371H – Arunachal Pradesh

The Legislative Assembly of the state of Mizoram must
consist of not less than 30 members. The governor will have
special responsibility with respect to law and order in the
state.

Article 371I – Goa

The Legislative Assembly of the state of Goa must consist
of not less than 30 members.

Article 371J
Article 371J grants special status to six backward districts
of Hyderabad-Karnataka region. The special provision
requires that a separate development board be established
for these regions (similar to Maharashtra and Gujarat) and
also ensures local reservation in education and government
jobs.

Mizzo accord
• Mizzo accord signed in 1986 between MNF and GOI
• Mizzo national front led by lal denga( first CM of
Mizoram)
• Mizoram was created in 1987
• Goa and arunachal also created in 1987

Directive Principles of State

• The Sapru Committee in 1945 suggested two categories
of individual rights. One being justiciable and the other
being non-justiciable rights.
 • The justiciable rights, as we know, are the Fundamental
rights, whereas the non-justiciable ones are the
Directive Principles of State Policy.
• DPSP are ideals which are meant to be kept in mind by
the state while formulating policies and enacting laws.
• There are various definitions to Directive Principles of
State which are given below:
• They are an ‘instrument of instructions’ which are
enumerated in Government of India Act, 1935 ·
• They seek to establish economic and social democracy
in the country
• DPSPs are Ideals which are not legally enforceable by
the courts for their violation

DPSP - Socialistic Principles

Definition: They are the principles that aim at providing
social and economic justice and set the path towards the
welfare state. Under various articles, they direct the state to:

Article 38
• Promote the welfare of the people by securing a social
order through justice—social, economic and political—
and to minimise inequalities in income, status, facilities
and opportunities

Article 39
Secure citizens:
• Right to adequate means of livelihood for all citizens
• Equitable distribution of material resources of the
community for the common good
 • Prevention of concentration of wealth and means of
production
• Equal pay for equal work for men and women
• Preservation of the health and strength of workers and
children against forcible abuse
• Opportunities for the healthy development of children

Article 39A
• Promote equal justice and free legal aid to the poor
Article 41
• In cases of unemployment, old age, sickness and
disablement, secure citizens:
• right to work
• Right to education
• Right to public assistance
Article 42
• Make provision for just and humane conditions of work
and maternity relief
Article 43
• Secure a living wage, a decent standard of living and
social and cultural opportunities for all workers
Article 43A
• Take steps to secure the participation of workers in the
management of industries
Article 47
• Raise the level of nutrition and the standard of living of
people and to improve public health

DPSP - Gandhian Principles

Article 40
 • Organise village panchayats and endow them with
necessary powers and authority to enable them to
function as units of self-government

Article 43
• Promote cottage industries on an individual or co-
operation basis in rural areas

Article 43B
• Promote voluntary formation, autonomous functioning,
democratic control and professional management of co-
operative societies

Article 46
 • Promote the educational and economic interests of SCs,
STs, and other weaker sections of the society and to
protect them from social injustice and exploitation

Article 47
• Prohibit the consumption of intoxicating drinks and
drugs which are injurious to health

Article 48
• Prohibit the slaughter of cows, calves and other milch
and draught cattle and to improve their breeds

DPSP - Liberal-Intellectual Principles

Article 44
• Secure for all citizens a uniform civil code throughout
the country
Article 45
• Provide early childhood care and education for all
children until they complete the age of six years
Article 48
• Organise agriculture and animal husbandry on modern
and scientific lines

Article 49
• Protect monuments, places and objects of artistic or
historic interest which are declared to be of national
importance

Article 50
• Separate the judiciary from the executive in the public
services of the State
Article 51
• Promote international peace and security and maintain
just and honorable relations between nations
• Foster respect for international law and treaty
obligations
• Encourage settlement of international disputes by
arbitration

What are the new DPSPs added by the 42nd

Amendment Act, 1976?
Article 39
• To secure opportunities for the healthy development of
children
Article 39A
• To promote equal justice and to provide free legal aid
to the poor

Article 43A
• To take steps to secure the participation of workers in
the management of industries

Article 48A
• To protect and improve the environment and to
safeguard forests and wildlife

DPSP which added by amendment

Article 31-C
Amended by the 42nd Amendment Act of 1976 seeking to
upgrade the DPSPs. If laws are made to give effect to any of
the Directive Principles overriding Fundamental Rights,
they shall not be invalid on the grounds that they take away
the Fundamental Rights. In Minerva Mills . Union of India
case, Supreme Court ruled that 42nd Amendment Act to the
Article 31C is not valid and ultra vires.

Articles 38 (2)
was added by the Forty-fourth Amendment Act, 1978 of the
Constitution. The State shall, in particular, strive to
minimize the inequalities in income, and endeavor to
eliminate inequalities in status, facilities and opportunities,
not only amongst individuals but also amongst groups of
people residing in different areas or engaged in different
vocations

Articles 39A
which directs the state to secure Equal justice and free legal
aid, was added by the Forty-second Amendment Act, 1976
of the Constitution

Articles 43A
which directs the state to secure Participation of workers in
management of industries, was added by the Forty-second
Amendment Act, 1976 of the Constitution
Articles 43B
which directs the state to strive for Promotion of co-
operative societies, was added by the Ninety-Seventh
Amendment of the Constitution of India

Article 45
which ensures Provision for free and compulsory education
for children, was added by the 86th Amendment Act, 2002
Article 48A
which ensures Protection and improvement of environment
and safeguarding of forests and wild life, was added by the
Forty-second Amendment Act, 1976

Articles 49
was modified by the Seventh Amendment Act, 1956 of the
Constitution. Protect monuments, places and objects of
artistic or historic interest which are declared to be of
national importance

Article 38(1)
provides that the state shall strive to promote the welfare of
the people by securing and protecting a social order in
which justice – social, economic and political- shall inform
all the institutions of national life
Facts about Directive Principles of State Policies:
1. A new DPSP under Article 38 was added by the 44th
Amendment Act of 1978, which requires the State to
minimise inequalities in income, status, facilities and
opportunities.
2. The 86th Amendment Act of 2002 changed the subject-
matter of Article 45 and made elementary education a
fundamental right under Article 21A. The amended
directive requires the State to provide early childhood
care and education for all children until they complete the
age of six years.
3. A new DPSP under Article 43B was added by the 97th
Amendment Act of 2011 relating to cooperative societies.
It requires the state to promote voluntary formation,
autonomous functioning, democratic control and
professional management of co-operative societies.
4. The Indian Constitution under Article 37 makes it clear
that ‘DPSPs are fundamental in the governance of the
 country and it shall be the duty of the state to apply these
principles in making laws.’

Criticism of Directive Principles of State Policy

The following reasons are responsible for the criticism of
Directive Principles of State Policy:
1. It has no legal force
2. It is illogically arranged
3. It is conservative in nature
4. It may produce constitutional conflict between centre
and state

What is the conflict between Fundamental Rights &

DPSPs?
• With the help of four court cases given below,
candidates can understand the relationship between
Fundamental Rights and Directive Principles of State
Policy:

1. Champakam Dorairajan Case (1951)

• Supreme Court ruled that in any case of conflict
between Fundamental Rights and DPSPs, the
provisions of the former would prevail.
• DPSPs were regarded to run as a subsidiary to
Fundamental Rights.
• SC also ruled that Parliament can amend Fundamental
Rights through constitutional amendment act to
implement DPSPs.
• Result: Parliament made the First Amendment Act
(1951), the Fourth Amendment Act (1955) and the
 Seventeenth Amendment Act (1964) to implement
some of the Directives.

2. Golaknath Case (1967)

• Supreme Court ruled that Parliament cannot amend

Fundamental Rights to implement Directive Principles
of State Policy.
• Result: Parliament enacted the 24th Amendment Act
1971 & 25th Amendment Act 1971 declaring that it has
the power to abridge or take away any of the
Fundamental Rights by enacting Constitutional
Amendment Acts.
• 25th Amendment Act inserted a new Article 31C
containing two provisions:
• No law which seeks to implement the socialistic
Directive Principles specified in Article 39 (b)22 and
(c)23 shall be void on the ground of contravention of
 the Fundamental Rights conferred by Article 14
(equality before law and equal protection of laws),
Article 19 (protection of six rights in respect of speech,
assembly, movement, etc) or Article 31 (right to
property).
• No law containing a declaration for giving effect to
such policy shall be questioned in any court on the
ground that it does not give effect to such a policy.

3. Kesavananda Bharti Case (1973)

• Supreme Court ruled out the second provision of

Article 31C added by the 25th Amendment Act during
Golaknath Case of 1967.
• It termed the provision ‘unconstitutional.’ However, it
held the first provision of Article 31C constitutional
and valid.
 • Result: Through the 42nd amendment act, Parliament
extended the scope of the first provision of Article 31C.
• It accorded the position of legal primacy and
supremacy to the Directive Principles over the
Fundamental Rights conferred by Articles 14, 19 and
31.

4. Minerva Mills Case (1980)

• Supreme Court held the extension of Article 31C made

by the 42nd amendment act unconstitutional and
invalid. It made DPSP subordinate to Fundamental
Rights. Supreme Court also held that ‘the Indian
Constitution is founded on the bedrock of the balance
between the Fundamental Rights and the Directive
Principles.
• Rulings by SC:
 • Fundamental Rights & DPSPs constitute the core of the
commitment to social revolution.
• The harmony and balance between Fundamental Rights
and Directive Principles of State Policy is an essential
feature of the basic structure of the Constitution.
• The goals set out by the Directive Principles have to be
achieved without the abrogation of the means provided
by the Fundamental Rights.
• Conclusion: Today, Fundamental Rights enjoy
supremacy over the Directive Principles. Yet, Directive
Principles can be implemented. The Parliament can
amend the Fundamental Rights for implementing the
Directive Principles, so long as the amendment does
not damage or destroy the basic structure of the
Constitution

Fundamental duty
1. Abide by the Indian Constitution and respect its ideals
and institutions, the National Flag and the National Anthem
2. Cherish and follow the noble ideals that inspired the
national struggle for freedom
3. Uphold and protect the sovereignty, unity and integrity
of India
4. Defend the country and render national service when
called upon to do so
5. Promote harmony and the spirit of common brotherhood
amongst all the people of India transcending religious,
linguistic and regional or sectional diversities and to
renounce practices derogatory to the dignity of women
6. Value and preserve the rich heritage of the country’s
composite culture
7. Protect and improve the natural environment including
forests, lakes, rivers and wildlife and to have compassion
for living creatures
8. Develop scientific temper, humanism and the spirit of
inquiry and reform
9. Safeguard public property and to abjure violence
10. Strive towards excellence in all spheres of individual
and collective activity so that the nation constantly rises to
higher levels of endeavour and achievement
11. Provide opportunities for education to his child or ward
between the age of six and fourteen years. This duty was
added by the 86th Constitutional Amendment Act, 2002

Important act
Preventive Detention
• It is the imprisonment of a person with the aim of
preventing him from committing further offences or of
maintaining public order.
• Article 22 (3) – If a person is arrested or detained under
preventive detention, then the protection against arrest
and detention under Article 22 (1) and 22(2) shall not
be available.
• A detainee under preventive detention can have no
right of personal liberty guaranteed by Article 19 or
Article 21.
• To prevent reckless use of Preventive Detention,
certain safe guards are provided in the constitution:
• A person may be taken to preventive custody only for 3
months at the first instance.
• The detainee is entitled to know the grounds of his
detention.
• The detaining authorities must give the detainee earliest
opportunities for making representation against the
detention.
Public Safety Act (PSA)
• The Jammu & Kashmir Public Safety Act, 1978 is a
preventive detention law.
• A person is taken into custody to prevent him/her from
acting in a manner that is a threat to the security of
J&K.
• It is very similar to the National Security Act.
• It allows for detention of a person without a formal
charge.
• Detention can be up to two years.
• Detained person need not be produced before a
magistrate within 24 hours of the detention.
• The detained person does not have the right to move
a bail application before a criminal court.
• He/she cannot engage any lawyer also.
 • Only The High Court and the Supreme Court have the
jurisdiction to hear habeus corpus petitions against the
detention.

National Security Act

• The purpose of The National Security Act of 1980 is to
make provisions for preventive detention in certain
cases and for related matters.
• The act extends to the whole of India.
• The act empowers the Central Government and State
Governments to detain a person to prevent him/her
from acting in any manner prejudicial:
– to the security of India,
– to the relations of India with foreign countries,
– to the maintenance of public order,
 – to the maintenance of supplies and services
essential to the community it is necessary so to
do.
• The act also gives power to the governments to detain
a foreigner in a view to regulate his presence or expel
from the country.
• The maximum period of detention is 12 months.

Amendment
• Article 368 in Part XX of the Constitution deals with
the powers of Parliament to amend the Constitution and
its procedure.
• It states that the Parliament may amend the
Constitution by way of addition, variation or repeal any
provision in accordance with the procedure laid down
for the purpose.
 • However, the Parliament cannot amend those
provisions which form the ‘basic structure’ of the
Constitution. This was ruled by the Supreme Court in
the Kesavananda Bharati case (1973).
First Amendment Act, 1951
• Issues involved in the cases included freedom of
speech, acquisition of the Zamindari land, State
monopoly of trade, etc
• Empowered the state to make special provisions for the
advancement of socially and economically backward
classes.
• Added Ninth Schedule to protect the land reforms and
other laws included in it from the judicial review. After
Article 31, Articles 31A and 31B were inserted. Added
three more grounds of restrictions on freedom of
speech and expression: public order, friendly relations
with foreign states and incitement to an offence
Seventh Amendment Act, 1956
• Abolished the existing classification of states into four
categories i.e., Part A, Part B, Part C, and Part D states,
and reorganized them into 14 states and 6 union
territories.
• Extended the jurisdiction of high courts to union
territories.
• Provided for the establishment of a common high court
for two or more states.
• Provided for the appointment of additional and acting
judges of the high court

Ninth Amendment Act, 1960

 • Facilitated the cession of the Indian territory of
Berubari Union (located in West Bengal) to Pakistan as
provided in the Indo-Pakistan Agreement (1958).

Tenth Amendment Act, 1961

• Incorporation of Dadra, Nagar and Haveli as a Union
Territory

Eleventh Amendment Act, 1961

• Changed the procedure of election of the vice president

Twelfth Amendment Act, 1962

• Incorporated Goa, Daman and Diu in the Indian Union.

Thirteenth Amendment Act, 1962

 • Gave the status of a state to Nagaland and made special
provisions for it.

Fourteenth Amendment Act, 1962

• Incorporated Puducherry in the Indian Union.
• It created new states namely, Punjab and Haryana

Twenty First Amendment Act, 1967

• Included Sindhi as the 15 language in the Eighth
Schedule.

Twenty Fourth Amendment Act, 1971

• Affirmed the power of Parliament to amend any part of
the Constitution including fundamental rights by
amending Article 13 and 368
 • Made it compulsory for the President to give his assent
to a Constitutional Amendment Bill.

Twenty-Fifth Amendment Act, 1971

• Amendments: Curtailed the fundamental right to
property

Thirty First Amendment Act, 1973

• Amendments: Increased the number of Lok Sabha seats
from 525 to 545.

Thirty-Fifth Amendment Act, 1974

• Amendments: Terminated the protectorate status of
Sikkim and conferred the status of an associate state of
the Indian Union. The Tenth Schedule was added
 laying down the terms and conditions of association of
Sikkim with the Indian Union

Thirty Sixth Amendment Act, 1975

• Amendments: Made Sikkim a full-fledged State of the
Indian Union and omitted the Tenth Schedule.

Thirty-Eighth Amendment Act, 1975

• Amendments: Made the declaration of emergency by
the President non-justiciable.

Thirty-Ninth Amendment Act, 1975

• Placed the disputes relating to the president, Vice
President, prime minister and Speaker beyond the
scope of the judiciary
Forty Second Amendment Act, 1976
• Added three new words (i.e., socialist, secular and
integrity) in the Preamble. Added Fundamental Duties
by the citizens (new Part IV A).
• Made the president bound by the advice of the cabinet.
Provided for administrative tribunals and tribunals for
other matters (Added Part XIV A).
• Made the constitutional amendments beyond judicial
scrutiny
• Added three new Directive Principles viz., equal justice
and free legal aid, the participation of workers in the
management of industries and protection of the
environment, forests, and wildlife.
• Extended the one-time duration of the President’s rule
in a state from 6 months to one year.
 • Empowered the Centre to deploy its armed forces in
any state to deal with a grave situation of law and
order.
• Shifted five subjects from the state list to the
concurrent list, viz, education, forests, protection of
wild animals and birds, weights and measures and
administration of justice, constitution and organisation
of all courts except the Supreme Court and the high
courts.

Forty-Third Amendment Act, 1977

• Amendments: Restored the jurisdiction of the Supreme
Court and the High Courts in respect of judicial review
and issue of writs. Deprived the Parliament of its
special powers to make laws to deal with antinational
activities.
 • Forty-Fourth Amendment Act, 1978 Amendments:
Restored the original term of the Lok Sabha and the
state legislative assemblies (i.e., 5 years).
• Empowered the president to send back once the advice
of the cabinet for reconsideration. But, the reconsidered
advice is to be binding on the president.
• Replaced the term ‘internal disturbance’ by ‘armed
rebellion’ in respect of national emergency. Made the
President to declare a national emergency only on the
written recommendation of the cabinet.
• Deleted the right to property from the list of
Fundamental Rights and made it only a legal right.
Provided that the fundamental rights guaranteed by
Articles 20 and 21 cannot be suspended during a
national emergency

Fifty-Second Amendment Act, 1985

 • Provided for disqualification of members of Parliament
and state legislatures on the ground of defection and
added a new Tenth Schedule containing the details in
this regard.

Fifty Eighth Amendment Act, 1987

Amendments: Provided for an authoritative text of the
Constitution in Hindi language and gave the same legal
sanctity to the Hindi version of the Constitution.

Sixty-First Amendment Act, 1989

Amendments: Reduced the voting age from 21 years to 18
years for the Lok Sabha and state legislative assembly
elections.

Sixty-Fifth Amendment Act, 1990

 • Provided for the establishment of a multi-member
National Commission for Scheduled Castes and
Scheduled Tribes in the place of a Special Officer for
Scheduled Castes and Scheduled Tribes.

Sixty-Ninth Amendment Act, 1991

• Accorded a special status to the Union Territory of
Delhi by designing it as the National Capital Territory
of Delhi. The amendment also provided for the creation
of a 70-member legislative assembly and a 7-member
council of ministers for Delhi.

Seventy-First Amendment Act, 1992

• Included Konkani, Manipuri and Nepali languages in
the Eighth Schedule. With this, the total number of
scheduled languages increased to 18.
Seventy Third Amendment Act, 1992
• Amendment: Granted constitutional status and
protection to the Panchayati Raj institutions. For this
purpose, the Amendment has added a new Part-IX
entitled as ‘the panchayats’ and a new Eleventh
Schedule containing 29 functional items of the
panchayats

Seventy Fourth Amendment Act, 1992

• Amendment: Granted constitutional status and
protection to the urban local bodies. For this purpose,
the Amendment has added a new Part IX-A entitled as
‘the municipalities’ and a new Twelfth Schedule
containing 18 functional items of the municipalities.

Seventy Seventh Amendment Act, 1995

 • Amendment: Provided for reservation in promotions in
government jobs for Scheduled Castes and Scheduled
Tribes.

Eighty Second Amendment Act, 2000

• Amendments: Provided for making of any provision in
favour of the SCs and STs

Eighty Sixth Amendment Act, 2002

• Amendments: Made elementary education a
fundamental right under the Article 21A Changed the
subject matter of Article 45 in Directive Principles
Added a new fundamental duty under Article 51-A
Eighty Ninth Amendment Act, 2003
• Amendments: Bifurcated the erstwhile combined
National Commission for Scheduled Castes and
Scheduled Tribes into two separate bodies, namely,
 National Commission for Scheduled Castes (Article
338) and National Commission for Scheduled Tribes
(Article 338-A).

Ninety First Amendment Act, 2003

• A member of either house of Parliament belonging to
any political party who is disqualified on the ground of
defection shall also be disqualified to be appointed as a
minister.
• The total number of ministers, including the Chief
Minister, in the Council of Ministers in a state shall not
exceed 15% of the total strength of the Legislative
Assembly of that state. But, the number of ministers,
including the Chief Minister, in a state shall not be less
than 12.
• The provision of the Tenth Schedule (anti-defection
law) pertaining to exemption from disqualification in
 case of split by one-third members of the legislature
party has been deleted.
• It means that the defectors have no more protection on
grounds of splits.

Ninety Second Amendment Act, 2003

• Amendments: Included four more languages in the
Eighth Schedule. They are Bodo, Dogri (Dongri),
Maithili and Santhali. With this, the total number of
constitutionally recognised languages increased to 22

Ninety Third Amendment Act, 2005

• Amendments: Empowered the state to make special
provisions for the socially and educationally backward
classes or the Scheduled Castes or the Scheduled
Tribes in educational institutions including private
educational institutions (whether aided or unaided by
 the state), except the minority educational institutions
(clause (5) in Article 15).

Ninety Sixth Amendment Act, 2011

• Amendments: Substituted “Odia” for “Oriya”.
Consequently, the “Oriya” language in the Eighth
Schedule shall be pronounced as “Odia”. Ninety
Seventh Amendment Act, 2011 Amendments: Gave
constitutional status and protection to cooperative
societies.
• It made the following three changes in the constitution:
It made the right to form co-operative societies a
fundamental right (Article 19). It included a new
Directive Principle of State Policy on the promotion of
cooperative societies.
• It added a new Part IX-B in the constitution which is
entitled “The Cooperative societies”.
Ninety Ninth Amendment Act 2014
• Amendments: Replaced the collegium system of
appointing judges to the Supreme Court and High
Courts with a new body called the National Judicial
Appointments Commission (NJAC)

One Hundredth Amendment Act, 2014

• Gave effect to the acquiring of certain territories by
India and transfer of certain other territories to
Bangladesh (through the exchange of enclaves and
retention of adverse possessions) in pursuance of the
Land Boundary Agreement of 1974 and its Protocol of
2011.

One Hundred and First Amendment Act, 2017

• Introduction of the Goods and Services Tax
One Hundred and Second Amendment Act, 2018
• Constitutional status was provided to the National
Commission for Backward Classes under India's
Ministry of Social Justice and Empowerment.

One Hundred Third Amendment Act, 2019

• Amendments: It introduced reservations for Economic
Weaker Section for the first time in independent India
Amendment in Article 16 allows a 10% reservation to
EWS in public employment.

Sources of Indian Constitution

Government of India Act of 1935

 • Federal Scheme
• Office of governor
• Judiciary
• Public Service Commissions
• Emergency provisions
• Administrative details

Australian Constitution
• Concurrent list
• Freedom of trade, commerce and intercourse
• Joint-sitting of the two Houses of Parliament

Canadian Constitution
• Federation with a strong Centre
 • Vesting of residuary powers in the Centre
• Appointment of state governors by the Centre
• Advisory jurisdiction of the Supreme Court

Irish Constitution
• Directive Principles of State Policy
• Nomination of members to Rajya Sabha
• Method of election of the president

Japanese Constitution
• Procedure Established by law

Soviet Constitution (USSR) (now, Russia)

• Fundamental duties
 • Ideal of justice (social, economic and political) in the
Preamble

British Constitution
• Parliamentary government
• Rule of Law
• Legislative procedure
• Single Citizenship
• Cabinet system
• Prerogative writs
• Parliamentary privileges
• Bicameralism

American Constitution
 • Fundamental rights
• Independence of judiciary
• Judicial review
• Impeachment of the president
• Removal of Supreme Court and High Court judges
• Post of vice-president

Weimar Constitution (Germany)

• Suspension of Fundamental Rights during emergency

South African Constitution

• Procedure for amendment in the Indian Constitution
• Election of members of Rajya Sabha
French Constitution
• Republic
• Ideals of liberty, equality and fraternity in the Preamble
Inter-State Council
 • Article 263 of Indian constitution gives provision for
establishment of an Inter-State Council. This is to
enhance the coordination between the Center and
States.
• It is the most dynamic platform to discuss policies,
strengthen the Centre- State relations and act as a
bridge to the trust deficit between the Center and the
States.
• This article briefly explains the functions and various
other aspects of the Inter-State Council.
Inter-State Council - Introduction
• The nation can progress only if the Union and State
Governments work hand in hand. There are many
challenges to maintain a federation. For a soothing
functioning of the system, it is necessary to conduct
periodic debates and discussions.
• Inter-State Council is not a permanent constitutional
body, which can be created at any time, if it seems to
the President that the public interest would be served
by the establishment of such council.
• It was set up in 1990 through a presidential ordinance
for the first time as per the recommendations of the
Sarkaria Commission under the Ministry of Home
affairs.
• The secretarial functions of the Zonal Councils have
been reassigned to the Inter-State Council Secretariat
from 1st April 2011.
• Inter-State Council works as an instrument for
cooperation, coordination and the evolution of
common policies The interstate council is proposed to
meet thrice a year.
• But in 26 years, it has met only 11 times. Recently the
meeting was held after a gap of 10 years in Delhi in
July 2016.
Inter-State Council Composition
• Prime Minister acts as the chairman of the council.

Members of Inter-State Council

• 1. Union Ministers of Cabinet rank in the Union
• 2. Council of Ministers nominated by the Prime
Minister.
• 3. Chief Ministers of all states.
• 4. Chief Ministers of Union Territories having a
Legislative Assembly and Administrators of UTs not
having a Legislative Assembly

Functions of Inter-State Council

 • 1. Inquiring and advising upon disputes which may
have emerged between the States:
• 2. Investigating and discussing subjects in which the
States or the Union has a common interest.

Citizenship in india
• By registration minimum residence – 7 yr
• By naturalization minimum residence – 14 yr
How can Indian citizenship be snatched?
• The Citizenship Act, 1955 cites three reasons for the
termination of citizenship;
1. Voluntary Renunciation
2. By Termination
3. By Deprivation
1. Voluntary Renunciation: If an Indian citizen wishes,
who is of full age and capacity, he can relinquish
citizenship of India by his will.
When a person relinquishes his citizenship, every minor
child of that person also loses Indian citizenship.
However, when such a child attains the age of 18, he may
resume Indian citizenship.

2. By Termination: The Constitution of India provides

single citizenship. It means an Indian person can only
be a citizen of one country at a time. If a person takes
the citizenship of another country, then his Indian
citizenship ends automatically. However, this provision
does not apply when India is busy in war.

3. Deprivation by Government: The Government of

India may terminate the citizenship of an Indian citizen if;
(i). Citizen has disrespected the Constitution
(ii). Has obtained citizenship by fraud
(iii). The citizen has unlawfully traded or communicated
with the enemy during a war.
(iv). Within 5 years of registration or naturalisation, a
citizen has been sentenced to 2 years of imprisonment in
any country.
(v). Citizen has been living outside India for 7 years
continuously.

• An OCI can neither vote nor contest an election in

india but NRI can vote or contest an election in
india
Schedule
Schedule Contains

First Schedule Lists the states and territories

of India (also about their
changes)
Second Schedule Lists the salaries of officials
holding public office,
Presidents, judges, and
Comptroller and Auditor
General of India
Third Schedule Forms of oaths and
Affirmations of offices for
elected officials including
judges
Fourth Schedule Allocation of seats in the
Rajya Sabha (the Upper
House of Parliament) per
State or Union Territory
Fifth Schedule Provisions as to the
Administration and Control
 of Scheduled Areas and
Scheduled Tribes
Sixth Schedule Provisions as to the
Administration of Tribal
Areas in the States of Assam,
Meghalaya, Tripura, and
Mizoram
Seventh Schedule The Union (central
government), state, and
concurrent lists of
responsibilities
Eight Schedule The Languages

Ninth Schedule Validation of certain Acts

and Regulations

Tenth Schedule "Anti-defection provisions

for the Members of
Parliament and the Members
of the State Legislatures
Eleventh Schedule Panchayat Raj (rural local
 government)
Twelfth Schedule Municipalities (urban local
government)
Types of Amendments in the Indian Constitution
There are three ways in which the Constitution can be
amended:
1. Amendment by simple majority of the Parliament
2. Amendment by special majority of the Parliament
3. Amendment by special majority of the Parliament and the
ratification of at least half of the state legislatures.

A brief description of the above types has been laid down

below.

1. By Simple Majority of Parliament

A number of provisions in the Constitution can be
amended by a simple majority of the two houses of
Parliament outside the scope of Article 368.
These provisions include:

• Admission or establishment of new states.

• Formation of new states and alteration of areas,
boundaries or names of existing states.
• Abolition or creation of legislative councils in states.
• Second Schedule-emoluments
• Allowances, privileges and so on of the president, the
governors, the Speakers, judges, etc.
• Quorum in Parliament.
• Salaries and allowances of the members of Parliament.
• Rules of procedure in Parliament.
• Privileges of the Parliament, its members and its
committees.
• Use of the English language in Parliament.
• Number of puisne judges in the Supreme Court.
• Conferment of more jurisdiction on the Supreme Court.
• Conferment of more jurisdiction on the Supreme Court.
• Citizenship-acquisition and termination.
• Elections to Parliament and state legislatures.
• Delimitation of constituencies.
• Union territories
• Fifth Schedule-administration of scheduled areas and
scheduled tribes.
• Sixth Schedule-administration of tribal area
2. By Special Majority of Parliament

The majority of the provisions in the Constitution need

to be amended by a special majority of the Parliament,
that is, a majority (that is, more than 50 percent) of the
total membership of each House and a majority of two-
thirds of the members of each House present and
voting.
The expression 'total membership' means the total
number of members comprising the House irrespective
of the fact whether there are vacancies or absentees.

The special majority is required only for voting at the

third reading stage of the bill but by way of abundant
caution, the requirement for the special majority has
been provided for in the rules of the Houses in respect
of all the effective stages of the bill.

The provisions which can be amended by this way

include:
(i) Fundamental Rights;
(ii) Directive Principles of State Policy; and
(iii) All other provisions which are not covered by the
first and third categories.
3. By Special Majority of Parliament and Consent of
States
Those provisions of the Constitution which are related to
the federal structure of the polity can be amended by a
special majority of the Parliament and also with the
consent of half of the state legislatures by a simple
majority.
If one or some or all the remaining states take no action
on the bill, it does not matter; the moment half of the
states give their consent, the formality is completed.
There is no time limit within which the states should give
their consent to the bill. The following provisions can be
amended in this way:

• Election of the President and its manner.

• Extent of the executive power of the Union and the
states.
• Supreme Court and high courts.
• Distribution of legislative powers between
 • the Union and the states.
• Any of the lists in the Seventh Schedule.
• Representation of states in Parliament.
• Power of Parliament to amend the Constitution and
its procedure (Article 368 itself).

When does a Bill Lapse in Parliament?

The table below explains which bills in what position lapse

when Lok Sabha dissolves:

S.N Position of the Bill Lapse of the Bill

1 A bill pending in the Lok Sabha Lapses
2 A bill passed by the Lok Sabha Lapses
but pending in the Rajya Sabha
3 A bill not passed by the two Does not Lapse
Houses due to disagreement and
if the president has notified the
 holding of a joint sitting before
the dissolution of Lok Sabha
4 A bill pending in the Rajya Does not Lapse
Sabha but not passed by the Lok
Sabha
5 A bill passed by both Houses but Does not Lapse
pending assent of the president
6 A bill passed by both Houses but Does not Lapse
returned by the president for
reconsideration of Houses

When does a Bill Lapse in State Legislature?

The position with respect to lapsing of bills on the
dissolution of the assembly is mentioned in the table below:
S.N Position of the Bill Lapse of the Bill
1 A Bill pending in the assembly Lapses
(Whether originating in the
assembly or transmitted to it by
the council)
2 A Bill passed by the assembly Lapses
but pending in the council
3 A Bill pending in the council Does not Lapse
but not passed by the assembly
4 A Bill passed by the assembly Does not Lapse
(in a unicameral state) or passed
by both the houses (in a
bicameral state) but pending
assent of the governor or the
President
5 A bill passed by both Houses Does not Lapse
but pending assent of the
president
6 A Bill passed by the assembly Does not Lapse
(in a unicameral state) or passed
by both the Houses (in a
bicameral state) but returned by
 the president for reconsideration
of House (s)

Lapse of Bills- Facts

• Once a bill lapses, it has to be introduced again in the

Central/State legislature and all necessary steps are
required to be taken again
• Prorogation has no effect on a pending bill
• All motions, resolutions, amendments etc. pending in
the Lok Sabha lapse on its dissolution

What is 42nd Amendment Act?

The act also called The Constitution Act, 1976 is termed as
one of the most controversial acts in the history of
amendments to Indian Constitution.
It amended/ introduced various provisions given below:

• Attempted to reduce the power of the Supreme Court

and High Courts
• Laid down Fundamental Duties for citizens
• Terms- Socialist, Secular and Integrity added to the
Preamble

Why is 42nd Amendment called Mini Constitution?

Amendments by 42nd Details of the Amendments

Amendment Act
Changes to Preamble Words Socialist, Secular and
Integrity added
Changes to 7th Schedule Transferred five subjects
from the state list to the
concurrent list:
1. Education
 2. Forests

3. Weights & Measures

4. Protection of Wild
Animals and Birds

5. Administration of Justice
Added Article 51A 10 Fundamental Duties
added for the citizens (Read
below about the amendments
registered in Article 51A)
Parliamentary Amendments 1. Made President bound to
the advice of the cabinet

2. Allowed Centre to deploy

central forces in State to deal
with the conflicting
situations of law and order
(Article 257A)
 3. Gave special
discriminatory powers to the
speaker of Lok Sabha and
Prime Minister (Article
329A)

4. Directive Principles were

given precedence over
Fundamental Rights and any
law made to this effect by the
Parliament was kept beyond
the scope of judicial review
by the Court
Changes to the judicial Curtailed the judicial review
powers of HC power of the high courts
Added Articles 323A and Part XIV-A added entitled as
323B XIV-A to the Tribunals dealing with
Constitution. Administrative Tribunals and
tribunals for other matters
Added 4 new DPSPs to list 1. To secure opportunities
for the healthy development
of children (Article 39)
 2. To promote equal justice
and to provide free legal aid
to the poor (Article 39 A)

3. To take steps to secure the

participation of workers in
the management of industries
(Article 43 A)

4. To protect and improve

the environment and to
safeguard forests and
wildlife (Article 48 A)

Constitutional body list

Article Constitutional body
76 Attorney General of India
 Comptroller and Auditor
148
General of India
165 Advocate General of State
243-I State Finance Commission
243-K State Election Commission
243ZD District Planning Committee
Metropolitan Planning
243ZE
Committee
263 Inter-State Council
280 Finance Commission
Goods and Service Tax
279A
Council
UPSC and State Public
315-323
Service Commission
Election Commission of
324
India
National Commission for
338
Scheduled Castes
National Commission for
338A
Scheduled Tribes
National Commission for
338B
Backward Classes
 Scheduled Area and
339 Scheduled Tribes
Commission
Backward Classes
340
Commission
Official Language
Commission and Official
344
Language Committee of
Parliament
Special Officer for Linguistic
350B
Minorities

Statutory Body list

These are non-constitutional bodies as they do not find any
mention in the Constitution.
• They are also important bodies due to their function.
• They are created by an Act of Parliament.
• They are called ‘statutory’ since statutes are laws made
by the Parliament or the legislature.
 • Since these bodies derive their power from statutes or
laws made by the Parliament, they are known as
statutory bodies.

Statutory Body in India Act

Securities & Exchange SEBI Act, 1992
Board of India
National Human Rights Protection of Human Rights
Commission Act, 1993
National Commission for National Commission for
Women Women Act, 1990
National Commission for National Commission for
Minorities Minorities Act, 1992
National Green Tribunal National Green Tribunal Act
2010
Armed Forces Tribunal Armed Forces Tribunal Act
2007
Unique Identification Aadhaar (Targeted Delivery
Authority of India of Financial and Other
Subsidies, Benefits and
 Services) Act, 2016
Central Vigilance Central Vigilance
Commission Commission Act 2003
Commission Quality Management in
for Air Quality National Capital Region and
Management in Adjoining Areas Ordinance,
the National Commission 2020
Capital Region for Air
(NCR) and
Adjoining
Areas

National Commission for Commissions for Protection

Protection of Child Rightsof Child Rights (CPCR) Act,
2005
Competition Commission of Competition Act, 2002
India
National Legal Services Legal Services Authorities
Authority Act, 1987
National Bank for National Bank for
Agriculture and Rural Agriculture and Rural
Development Development Act, 1981
Regulatory Bodies in India
Regulatory bodies are public or government agencies
responsible for exercising autonomous authority over some
area of human activity in a regulatory or supervisory
capacity.
• Some regulatory bodies are independent, which means
they are independent of any branch of the government.
• They are set up to enforce safety and standards.
• They have the charge of establishing norms of a
particular area of human activity, and also supervising
the bodies employed in that activity.
• They are established by legislative acts.

Regulatory Body Sector

RBI Banking, monetary policy
and finance
Insurance Regulatory Insurance
and Development
Authority of India
(IRDAI)
Pension Fund Regulatory & Pension
Development Authority
(PFRDA)
National Housing Bank Housing finance
(NHB)
Telecom Regulatory Telecom and tariffs
Authority of India (TRAI)
Central Board of Film Film certification and
Certification censorship
Food Safety and Standards Food safety
Authority of India (FSSAI)
Bureau of Indian Standards Standards and certification
(BIS)
Board of Control for Cricket Cricket
in India (BCCI)

List of Executive Bodies

Non-Constitutional Body/Executive Body
 1. Niti Ayog
2. National Development Council
3. Central Bureau of Investigation
4. Lokpal and Lokayuktas

Judicial Bodies
Judicial bodies are courts in India. Their chief objective is
to provide justice by following the laws of the land.
Read about Supreme Court and High Court from the linked
articles below:
1. Supreme Court of India
2. High Court of India
Quasi-judicial Bodies
A quasi-judicial body can be an individual or body with
powers resembling a court of law.
• They can adjudicate and decide penalties on the guilty.
• They are different from judicial bodies in that their
field is limited compared to a court.
 • They can be formed on a matter pending in court, by
court order if the court considers it necessary; the court
reserves the right to appoint members of such a body.
• They can be tribunals for a specific domain, or like an
arbitrator.
• Quasi-judicial bodies have adjudicating powers in such
matters as:
o Breach of discipline

o Trust in money matters or otherwise

o Conduct rules

• Their authority is limited to specific areas like:

o Financial markets

o Land use and zoning

o Public standards

o Employment law

o Specific set of regulations of an agency

• Decisions of a quasi-judicial body are often legally

enforceable under the laws of a jurisdiction.
List of Quasi-Judicial Bodies in India are:
1. National Green Tribunal
2. Central Information Commission
 3. National Human Rights Commission
4. Tribunal
5. SEBI
Note: A single body can be a statutory, regulatory, and
quasi-judicial body

Difference between Judicial and Quasi-judicial Bodies

• Judicial decisions are bound by precedent in common
law, whereas quasi-judicial decisions are generally not.
• Judicial decisions may create new laws, but quasi-
judicial decisions are based on existing law.
• Quasi-judicial needn’t adhere to strict judicial rules (of
procedure and evidence).
• Quasi-judicial bodies can hold formal hearings only if
they are mandated to do so as per their governing laws.