UNIT -1

1)Historical Background of the Fundamentals of the Indian Constitution

1. Inspiration from Historical Documents:

o The Indian Constitution draws from various global constitutions, including the
Government of India Act, 1935, which provided the framework for governance during
British rule.

o It also reflects principles from the U.S. Constitution (Fundamental Rights), the British
Parliamentary System, and French ideals of Liberty, Equality, and Fraternity.

2. Role of Constituent Assembly:

o Established in December 1946, the Constituent Assembly was responsible for drafting
the Constitution.

o Influential leaders like Dr. B.R. Ambedkar, Jawaharlal Nehru, and Sardar Vallabhbhai
Patel contributed to the Constitution, ensuring it addressed the diverse needs of India.

3. Historical Context:

o India’s independence in 1947 and the partition led to the need for clear citizenship laws
to manage the migration of people between India and Pakistan.

o Fundamental rights and governance principles were included to ensure justice, liberty,
equality, and fraternity for all citizens.

Fundamentals of the Indian Constitution

1. Key Features:

o Sovereign, Socialist, Secular, Democratic Republic.

o Fundamental Rights (Articles 12–35) and Directive Principles of State Policy (Articles 36–
51).

o Federal structure with a strong central government.

2. Principles of Citizenship:

o India sought to create inclusive and clear citizenship laws to address challenges arising
from partition and diversity in the population.

Articles 5–11: Provisions Related to Citizenship

The Constitution initially provided the framework for determining who would be considered an Indian
citizen at the time of its commencement (January 26, 1950).

Article 5: Citizenship at the Commencement of the Constitution

• Any person domiciled in India and:

o Born in India.

o Either of their parents born in India.

 o Ordinarily residing in India for at least 5 years before January 26, 1950, was deemed a
citizen.

Article 6: Rights of Citizenship of Persons Who Migrated From Pakistan

• People migrating to India before July 19, 1948:

o Automatically became Indian citizens if they resided in India since migration.

• People migrating after July 19, 1948:

o Required registration as citizens after residing in India for at least 6 months.

Article 7: Rights of Citizenship of Persons Who Migrated to Pakistan

• Those who migrated to Pakistan after March 1, 1947:

o Lost their Indian citizenship unless they returned under a special permit for
resettlement.

Article 8: Rights of Citizenship of Indians Residing Outside India

• Citizens of India residing abroad:

o Could register as citizens if their father or grandfather was born in India.

Article 9: Persons Voluntarily Acquiring Citizenship of a Foreign State

• Automatic termination of Indian citizenship for those who voluntarily acquired foreign
citizenship.

Article 10: Continuance of Citizenship

• Ensured continuity of citizenship unless explicitly terminated under the law.

Article 11: Parliament’s Power to Regulate Citizenship

• Empowered Parliament to make laws regarding the acquisition and termination of citizenship.

• This led to the Citizenship Act, 1955, which provides detailed provisions for citizenship by birth,
descent, registration, naturalization, and incorporation of territory.

2)Fundamental Rights and Fundamental Duties of Indian Citizens

Fundamental Rights (Articles 12–35)

The Fundamental Rights are enshrined in Part III of the Indian Constitution and are considered essential
for the overall development of individuals and the preservation of democracy. These rights are
justiciable, meaning they can be enforced by courts.

6. Right to Equality (Articles 14–18)

• Article 14: Equality before the law and equal protection of laws.

• Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.

• Article 16: Equality of opportunity in public employment.

 • Article 17: Abolition of untouchability and its practice in any form.

• Article 18: Abolition of titles (except military and academic).

7. Right to Freedom (Articles 19–22)

• Article 19: Six freedoms:

o Freedom of speech and expression.

o Freedom to assemble peacefully without arms.

o Freedom to form associations or unions.

o Freedom to move freely throughout India.

o Freedom to reside and settle in any part of India.

o Freedom to practice any profession or trade.

• Article 20: Protection in respect of conviction for offenses.

• Article 21: Right to life and personal liberty.

• Article 21A: Right to free and compulsory education for children aged 6 to 14 years.

• Article 22: Protection against arrest and detention in certain cases.

8. Right Against Exploitation (Articles 23–24)

• Article 23: Prohibition of human trafficking and forced labor.

• Article 24: Prohibition of employment of children in hazardous industries.

9. Right to Freedom of Religion (Articles 25–28)

• Article 25: Freedom of conscience and the right to profess, practice, and propagate religion.

• Article 26: Freedom to manage religious affairs.

• Article 27: Freedom from taxation for promotion of religion.

• Article 28: Freedom from attending religious instruction or worship in educational institutions
funded by the state.

10. Cultural and Educational Rights (Articles 29–30)

• Article 29: Protection of the interests of minorities.

• Article 30: Right of minorities to establish and administer educational institutions.

6. Right to Constitutional Remedies (Article 32)

• Article 32: Right to move the Supreme Court to enforce Fundamental Rights.

• This includes writs like Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari.

Fundamental Duties (Article 51A)

The Fundamental Duties are enshrined in Part IVA of the Constitution, introduced by the 42nd
Amendment Act, 1976. These duties are non-justiciable, meaning they cannot be enforced by law, but
they serve as moral obligations for Indian citizens.

List of Fundamental Duties:

1. To abide by the Constitution and respect its ideals, the National Flag, and the National Anthem.

2. To cherish and follow the noble ideals of the freedom struggle.

3. To uphold and protect the sovereignty, unity, and integrity of India.

4. To defend the country and render national service when called upon.

5. To promote harmony and the spirit of common brotherhood among all people of India,
transcending religious, linguistic, and regional diversities.

6. To renounce practices derogatory to the dignity of women.

7. To value and preserve the rich heritage of India’s composite culture.

8. To protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and
to have compassion for living creatures.

9. To develop scientific temper, humanism, and the spirit of inquiry and reform.

10. To safeguard public property and abjure violence.

11. To strive toward excellence in all spheres of individual and collective activity, so the nation
constantly rises to higher levels of endeavor and achievement.

12. (For parents/guardians) To provide opportunities for education to children between the ages of
6 and 14.

UNIT-2

1) Union Government: Structure and Functions

1. Structure of the Union Government

The Union Government of India operates under a federal system as outlined in the Constitution of India.
It comprises three main organs:

a) The Executive

• President:

o Head of State and the supreme commander of the armed forces.

o Executes laws, appoints key officials (e.g., Prime Minister, Governors, Supreme Court
judges).

o Exercises powers such as ordinance-making (Article 123) and emergency provisions.

• Vice-President:

o Acts as the Chairman of the Rajya Sabha.

 o Assumes the role of President in their absence.

• Prime Minister and Council of Ministers:

o Real executive authority lies with the Prime Minister and their Council of Ministers.

o They formulate policies, implement laws, and advise the President.

b) The Legislature

• Parliament:

o Bicameral structure with the Lok Sabha (House of the People) and Rajya Sabha (Council
of States).

o Lok Sabha:

▪ Members elected by citizens for a 5-year term.

▪ Responsible for framing laws, approving budgets, and debating policies.

o Rajya Sabha:

▪ Members elected by State Legislatures and nominated by the President.

▪ Acts as a reviewing body for laws passed by the Lok Sabha.

c) The Judiciary

• Supreme Court:

o Apex court with the power of judicial review.

o Ensures laws and executive actions comply with the Constitution.

• Subordinate Courts:

o High Courts and District Courts operate under the Supreme Court.

2. Functions of the Union Government

a) Legislative Functions

• Enacts laws on subjects listed in the Union List (e.g., defense, foreign affairs, finance).

• Handles residuary powers (subjects not mentioned in any list).

• Parliament has exclusive powers to amend the Constitution.

b) Executive Functions

• Implements laws through ministries and departments.

• Maintains internal and external security.

• Represents India in international forums and treaties.

c) Financial Functions

• Prepares and approves the Union Budget.

• Levies taxes such as income tax, customs duty, and GST (shared with states).
 • Regulates monetary policy through the Reserve Bank of India.

d) Judicial Functions

• The Supreme Court resolves disputes between states, between the Union and states, and
enforces Fundamental Rights.

e) Emergency Functions

• Can declare emergencies (national, state, or financial) under Articles 352, 356, and 360.

• During emergencies, the Union assumes greater control over states.

3. Relationship With States

• The Union Government coordinates with state governments to ensure smooth governance.

• Union-state relations are defined in terms of legislative, administrative, and financial powers.

2)Powers and Functions of the President and the Prime Minister

1. President of India

The President is the constitutional head of state and the supreme commander of the armed forces. The
President functions within the framework of a parliamentary democracy.

Powers and Functions of the President

a) Executive Powers

• Appoints the Prime Minister and other ministers on the Prime Minister's advice.

• Appoints Governors of states, Attorney General, Chief Election Commissioner, and other key
officials.

• Administers Union Territories through Lieutenant Governors and Administrators.

b) Legislative Powers

• Summons and prorogues sessions of Parliament and dissolves the Lok Sabha.

• Gives assent to bills or returns them for reconsideration (except money bills).

• Issues ordinances under Article 123 when Parliament is not in session.

• Addresses the Parliament at the commencement of the first session each year.

c) Financial Powers

• Ensures the Union Budget is presented to Parliament.

• Money bills can only be introduced with the President’s recommendation.

d) Judicial Powers

• Appoints judges of the Supreme Court and High Courts.

 • Grants pardons, reprieves, respites, or remissions of punishment under Article 72.

e) Emergency Powers

• Declares emergencies:

o National Emergency (Article 352).

o State Emergency (President’s Rule under Article 356).

o Financial Emergency (Article 360).

• During emergencies, the President can override state powers and issue directives.

f) Military Powers

• Supreme Commander of the Armed Forces.

• Declares war and peace on the advice of the Council of Ministers.

2. Prime Minister of India

The Prime Minister is the real executive head and the leader of the majority party in the Lok Sabha.

Powers and Functions of the Prime Minister

a) Executive Powers

• Heads the Council of Ministers and allocates portfolios to ministers.

• Acts as a bridge between the President and the Council of Ministers.

• Provides leadership in policy formulation and implementation.

b) Legislative Powers

• Leader of the Lok Sabha, playing a key role in parliamentary proceedings.

• Advises the President to summon or dissolve the Lok Sabha.

• Represents the government during debates and answers questions in Parliament.

c) Financial Powers

• Guides the preparation and presentation of the Union Budget.

• Influences financial policies and decisions.

d) Foreign Affairs

• Represents India internationally in summits and bilateral negotiations.

• Guides foreign policy and diplomatic relations.

e) Appointment Powers

• Recommends key appointments such as Governors, Ambassadors, and heads of public

institutions.

f) Crisis Management
 • Plays a pivotal role in decision-making during crises, such as wars, natural disasters, or
emergencies.

Comparison and Relationship

• The President is the nominal head, exercising powers on the advice of the Prime Minister and
Council of Ministers.

• The Prime Minister holds real executive power, ensuring effective governance and policy
implementation.

3)Supreme Court of India: Structure and Functions

The Supreme Court of India, established under Part V, Chapter IV of the Constitution, is the apex court
and the guardian of the Constitution. It ensures justice, protects fundamental rights, and resolves
disputes within the federal framework.

1. Structure of the Supreme Court

a) Composition

• The Chief Justice of India (CJI) and a maximum of 34 judges, as per the Constitution (amended
by the 2008 Act).

b) Appointment

• Judges are appointed by the President based on recommendations from the Collegium system.

• The CJI is traditionally the senior-most judge of the Supreme Court.

c) Tenure

• Judges hold office until the age of 65 years.

• They can be removed by the President on grounds of proven misbehavior or incapacity through
a parliamentary process (impeachment).

d) Seat

• The Supreme Court is located in New Delhi, but it can sit in other places as decided by the Chief
Justice in consultation with the President.

2. Jurisdiction of the Supreme Court

a) Original Jurisdiction

• Article 131: Disputes between the Government of India and one or more states, or between
states.

• Includes matters involving the enforcement of Fundamental Rights under Article 32.

b) Appellate Jurisdiction
 • Hears appeals against judgments of High Courts and subordinate courts in civil, criminal, and
constitutional matters.

• Special Leave Petition (Article 136) allows appeals from any court/tribunal in India.

c) Advisory Jurisdiction

• Article 143: The President can seek the Supreme Court’s opinion on questions of law or fact.

d) Writ Jurisdiction

• Issues writs for the enforcement of Fundamental Rights under Article 32, including:

o Habeas Corpus

o Mandamus

o Prohibition

o Certiorari

o Quo Warranto

e) Judicial Review

• Reviews laws and executive actions to ensure they comply with the Constitution.

f) Court of Record

• Its judgments are binding on all lower courts and have evidentiary value.

3. Functions of the Supreme Court

1. Guardian of the Constitution:

o Protects Fundamental Rights and interprets constitutional provisions.

2. Arbitrator of Federal Disputes:

o Resolves conflicts between the Union and states or among states.

3. Judicial Activism:

o Expands its role through Public Interest Litigations (PILs) to address broader social and
environmental issues.

4. Advisory Role:

o Advises the President on complex legal matters.

5. Appellate Authority:

o Ensures justice by reviewing decisions of lower courts.

6. Supervisory Role:

o Supervises and ensures the proper functioning of the judiciary across the country.
4. Independence of the Supreme Court

• Judges’ salaries and allowances are charged on the Consolidated Fund of India and are not
subject to parliamentary vote.

• Security of tenure and protection from arbitrary removal.

• Freedom from interference by the executive or legislature.

UNIT – 3

1)Jurisdiction of High Courts in India

The High Court is the highest judicial body at the state level and operates under the framework of the
Indian Constitution. Established under Part VI, Chapter V (Articles 214–231), it ensures the delivery of
justice within its territorial jurisdiction. Each High Court serves one or more states or union territories.

1. Types of Jurisdiction

a) Original Jurisdiction

High Courts exercise original jurisdiction in certain cases, meaning cases can be filed directly in the High
Court without approaching a lower court.

1. Fundamental Rights Enforcement:

o Under Article 226, High Courts have the power to issue writs for the enforcement of
Fundamental Rights and other legal rights.

2. Election Disputes:

o Hears cases related to elections of members of Parliament, state legislatures, and other
public offices under the Representation of People Act, 1951.

3. Admiralty Cases:

o Handles disputes related to maritime law, shipping contracts, and other naval matters,
particularly in coastal states.

4. Matters of Public Importance:

o High Courts can take suo moto cognizance of public interest issues or cases requiring
immediate intervention.

b) Appellate Jurisdiction

High Courts serve as appellate courts for cases decided by subordinate courts within their territorial
jurisdiction.

1. Civil Appeals:

o Hears appeals in property disputes, matrimonial cases, contractual disputes, and other
civil matters.

2. Criminal Appeals:
 o Reviews decisions of subordinate courts in cases involving imprisonment, fines, or
capital punishment.

o Confirmation of death sentences is mandatory by the High Court.

3. Revenue Appeals:

o Reviews cases related to land revenue, property taxation, and agricultural disputes.

c) Writ Jurisdiction

High Courts have extensive powers to issue writs under Article 226, beyond what the Supreme Court can
do under Article 32.

1. Habeas Corpus: Protects individual liberty against unlawful detention.

2. Mandamus: Directs public officials or authorities to perform their duties.

3. Prohibition: Prevents lower courts from exceeding their jurisdiction.

4. Certiorari: Quashes illegal orders issued by lower courts.

5. Quo Warranto: Challenges the legality of a person’s claim to a public office.

d) Supervisory Jurisdiction

Under Article 227, High Courts exercise supervisory powers over all courts and tribunals within their
territorial jurisdiction.

1. Ensures that lower courts function within the limits of their authority.

2. Can revise or overturn decisions if subordinate courts act beyond their jurisdiction.

3. Guides subordinate courts to follow procedural and substantive laws correctly.

e) Constitutional Jurisdiction

High Courts interpret and decide matters concerning the Constitution.

1. Can examine the constitutional validity of state laws and ensure they do not conflict with the
Constitution.

2. Acts as a guardian of the Constitution at the state level.

f) Criminal Jurisdiction

High Courts play a vital role in the criminal justice system by reviewing and revising decisions in criminal
cases.

1. Can quash FIRs, grant bail, and commute sentences in appeals.

2. Oversees cases involving offenses under state laws or central laws enforced in the state.
g) Admiralty Jurisdiction

High Courts in maritime states, such as Bombay, Calcutta, and Madras, have special powers to adjudicate
maritime disputes, including ship arrests, salvage claims, and contracts related to shipping.

h) Special Jurisdiction

High Courts are empowered to handle cases under specific state or central laws. Examples include:

1. Company Law Cases:

o Handles disputes related to mergers, acquisitions, and winding up of companies.

2. Service Matters:

o Reviews cases involving state government employees regarding appointments,

promotions, or retirements.

2. Territorial Jurisdiction

High Courts have defined territorial limits, which may cover a single state, multiple states, or union
territories.

1. Some High Courts, such as Bombay and Guwahati, serve more than one state/union territory.

2. Cases originating within the territory of a High Court are adjudicated by that court.

3. Independence of High Courts

High Courts are autonomous and function independently of the executive and legislative branches.

1. Judges are appointed by the President after consulting the Chief Justice of India and the
Governor of the concerned state.

2. Salaries and allowances of High Court judges are charged on the Consolidated Fund of India.

3. Judges enjoy immunity from civil or criminal proceedings for actions taken in the course of their
duties.

4. Importance of High Courts

1. Ensures Justice: Serves as the final authority for most state-level cases.

2. Protects Fundamental Rights: Plays a pivotal role in safeguarding citizens' rights at the regional
level.

3. Guides Lower Judiciary: Provides legal precedents and supervises the functioning of subordinate
courts.

4. Checks Executive Actions: Ensures that state governments and authorities act within the
confines of the law.
2)Role of the Chief Minister in State Administration

The Chief Minister (CM) is the head of the government at the state level, playing a crucial role in the
functioning of the state administration. The CM is appointed by the Governor of the state and is the
leader of the majority party in the Legislative Assembly. The role of the CM is both constitutional and
practical, covering executive, legislative, financial, and policy-related functions.

The role and powers of the Chief Minister are outlined in the Indian Constitution, particularly in Article
163 (Council of Ministers) and Article 164 (Appointment of the Chief Minister). The CM's powers,
however, are exercised in collaboration with the Council of Ministers and under the guidance of the
Governor.

1. Constitutional and Legal Framework of the Chief Minister’s Role

a) Appointment and Tenure

• Appointment by the Governor: The Chief Minister is appointed by the Governor, who usually
selects the leader of the majority party in the Legislative Assembly. In case no party has a clear
majority, the Governor may appoint a leader who can prove majority support in the Assembly.

• Tenure: The CM holds office as long as they retain the confidence of the majority in the
Legislative Assembly. The CM’s tenure is contingent on political support, and they can be
removed either by the Governor, if they lose the majority, or through a vote of no-confidence in
the Assembly.

2. Executive Role of the Chief Minister

The Chief Minister’s most important function is in the Executive capacity, as they oversee the
administration and functioning of the state government.

a) Formation of Government

• The CM appoints ministers and allocates portfolios to them. The CM decides on the structure of
the Council of Ministers and ensures coordination among them.

• Appointments: The Chief Minister plays a key role in recommending key appointments in the
state, such as:

o Chief Secretary

o Director General of Police (DGP)

o Heads of departments and other senior officials.

b) Decision-making in State Administration

• The Chief Minister, in consultation with the Council of Ministers, makes decisions on the
administration and policy-making in the state.

• The CM ensures the effective implementation of central laws, state laws, and development
programs.

• They are responsible for coordinating the work of various departments and ensuring that the
state administration functions smoothly.
c) Supervision and Coordination

• The CM ensures that different departments within the state government work in tandem. This
includes ensuring proper coordination between the bureaucracy and the ministers.

• The CM is responsible for monitoring the progress of state-level schemes, projects, and
developmental goals.

d) Role in Law and Order

• The CM has the primary responsibility for maintaining law and order in the state. While law
enforcement is the responsibility of the police, the CM provides leadership in critical situations,
including communal violence, insurgency, or disasters.

3. Legislative Role of the Chief Minister

The Chief Minister also plays a crucial role in the legislative process, leading the government’s legislative
agenda in the State Assembly.

a) Leader of the Legislative Assembly

• The CM is the leader of the Legislative Assembly and represents the government in the House.
They guide and direct the legislative proceedings, ensuring that the government’s policies are
enacted.

• The CM introduces important bills and policies, and debates the state budget.

b) Ensuring the Passage of Key Bills

• The CM ensures that the government’s bills and policies are passed by the State Assembly. This
includes introducing the State Budget and ensuring its approval through the House.

c) Maintenance of Party Discipline

• As the leader of the ruling party, the CM ensures that party members are aligned with the
party’s policies and that they support the government’s decisions in the Assembly.

• In times of a vote of confidence or no-confidence, the CM works to maintain party unity to

ensure the government’s survival.

d) Role in Lawmaking

• While the primary responsibility for lawmaking lies with the State Legislature, the CM plays a
significant role in initiating, framing, and executing legislative measures related to state welfare
and development.

4. Financial Role of the Chief Minister

a) Preparation of the State Budget

• The Chief Minister, often through the Finance Minister, takes a leading role in the preparation of
the state’s budget. This budget outlines the allocation of resources across various sectors,
including education, health, infrastructure, and social welfare.

• The CM also presents the budget to the State Legislature and ensures its passage.
b) Revenue Generation and Allocation

• The CM oversees the revenue collection process, which includes taxes and grants. The state
government has the power to levy taxes, but the CM also ensures that state fiscal policies align
with the central government’s policies.

• The CM also ensures equitable allocation of funds for different sectors, particularly in backward
and economically disadvantaged regions.

c) Dealing with Fiscal Deficits

• The CM and their government are responsible for managing the state’s finances. This involves
balancing the state’s revenues with its expenditures and addressing any fiscal deficits. In cases of
financial distress, the CM may request assistance from the central government.

5. Political and Party Leadership

The CM holds the political leadership of the ruling party at the state level, which involves both internal
party management and external party relations.

a) Party Leadership

• The CM is the leader of the majority party in the state legislature and holds the responsibility of
managing party affairs. This includes dealing with party dissidence, factionalism, and ensuring
unity within the party.

b) Electoral Role

• The CM plays a significant role in the party’s election campaign, shaping the party’s platform and
policies. The CM leads the party during the elections and may even serve as the face of the
party during electoral campaigns.

• After elections, the CM ensures that the government is formed and that the party retains power.

6. Role in Crisis Management

The Chief Minister is often the key figure during a state-level crisis, including natural disasters,
communal violence, or law and order issues.

a) Natural Disasters

• In cases of natural disasters such as floods, earthquakes, or droughts, the CM is responsible for
leading the state’s disaster response efforts. They coordinate with the central government and
other agencies for relief operations.

• The CM ensures the provision of basic needs like food, shelter, and medical supplies during such
emergencies.

b) Law and Order Situations

• The CM plays a crucial role in addressing law and order situations, including riots, protests, or
social unrest. They coordinate with the police and security agencies to restore peace.

• In cases of extreme violence or disturbances, the CM may recommend the imposition of Section
144 or request central intervention.
7. Relationship with the Governor

The CM maintains a delicate and symbiotic relationship with the Governor, who is the constitutional
head of the state.

a) Advice to the Governor

• The CM is the chief advisor to the Governor on all matters of state governance. They are
responsible for communicating the decisions of the Council of Ministers to the Governor and
providing information about the government’s activities.

b) State Legislation and Executive Orders

• The CM, as head of the government, advises the Governor on summoning and proroguing the
legislative sessions, as well as dissolving the Legislative Assembly when necessary.

UNIT – 4

1)Types of Constitutional Amendments in India

The Indian Constitution is a living document that allows for changes and modifications over time. These
changes are known as constitutional amendments. The power to amend the Constitution is provided
under Article 368 of the Constitution, which outlines the process and types of amendments.

Constitutional amendments are necessary for adapting to the changing needs of society, ensuring
justice, equality, and the smooth functioning of the democratic system. Amendments can be broadly
categorized based on the procedure involved.

1. Amendments by Simple Majority (Article 368)

a) Amendment by Parliament Alone

• Procedure: Some parts of the Constitution can be amended by Parliament alone, through a
simple majority vote in both Houses (Lok Sabha and Rajya Sabha). This type of amendment does
not require the approval of the states.

• Scope: These amendments generally deal with matters that do not affect the federal structure
or the division of powers between the Union and the States. Examples include changes in the
Union list or the Concurrent list, or amendments to certain provisions related to the working of
the Parliament or executive.

• Examples:

o The 42nd Amendment Act (1976): This is a significant amendment that brought about
changes in the Preamble, defined India as a "socialist, secular" republic, and altered the
balance of power between the legislature, executive, and judiciary.

o The 44th Amendment Act (1978): It reversed many provisions introduced by the 42nd
Amendment, particularly with regard to the powers of the President and emergency
provisions.
2. Amendments by a Special Majority of Parliament (Article 368)

a) Amendment by Special Majority

• Procedure: The most common method for amending the Indian Constitution involves a special
majority of Parliament. In this case, the amendment must be approved by:

o A majority of the members present and voting in each House of Parliament (this does
not require a majority of all members in each House).

o A two-thirds majority of those present and voting.

• Scope: This type of amendment covers a wide range of provisions, including those related to the
powers of Parliament, the functioning of the government, and changes to certain parts of the
Constitution.

• Examples:

o The 61st Amendment Act (1988): Reduced the voting age from 21 to 18 years for Lok
Sabha elections.

o The 73rd and 74th Amendments (1992): These amendments introduced constitutional
recognition for Panchayati Raj Institutions and Urban Local Bodies.

3. Amendments by Special Majority with Ratification by States (Article 368)

a) Amendment with Ratification by States

• Procedure: Some provisions of the Constitution, which affect the federal structure or the
relationship between the Union and the States, require not just a special majority in Parliament,
but also the ratification of at least half of the State Legislatures. This ensures that significant
federal changes are made only with the consensus of the states.

• Scope: Amendments of this type generally affect matters such as the distribution of powers
between the Union and the States or changes to the representation of states in the Rajya Sabha.

• Examples:

o The 7th Amendment Act (1956): This was the first instance where the ratification of
states was required. It reorganized states on linguistic lines and required state consent
for certain changes in the structure of states.

o The 101st Amendment Act (2016): Introduced the Goods and Services Tax (GST), which
altered the tax structure between the Union and the States. This amendment required
ratification by at least half the states.

o The 42nd Amendment Act (1976): Certain provisions affecting the distribution of power
between the Centre and the States required ratification by the state legislatures.

4. Informal Amendments

a) Judicial Interpretations

While not formally amendments, the judicial interpretation of the Constitution by the Supreme Court
often results in changes in the way constitutional provisions are understood and applied. Through the
principle of judicial review, the Court plays a crucial role in shaping the Constitution by interpreting its
provisions in light of changing social and political conditions.

• Example:

o The Kesavananda Bharati Case (1973): The Supreme Court established the Basic
Structure Doctrine, ruling that while Parliament has wide powers to amend the
Constitution, it cannot alter its "basic structure." This judicial innovation has limited the
scope of constitutional amendments.

o The Minerva Mills Case (1980): The Court reinforced the basic structure doctrine by
stating that the power to amend cannot be used to destroy or emasculate the basic
structure.

b) Conventions and Practices

Certain changes in the Constitution's functioning can also occur through constitutional conventions or
established practices. These are not formal amendments but may influence the practical application of
constitutional principles.

• Example:

o The practice of coalition governments in the center and states, especially after the
1980s, is a significant shift in India's political framework. While not explicitly written in
the Constitution, this change has had profound implications for governance.

5. Key Provisions That Cannot Be Amended

Certain parts of the Constitution are considered so fundamental that they cannot be altered, either by
any amendment process or by judicial interpretations. These are related to the basic structure of the
Constitution, which has been interpreted by the judiciary.

• Examples of Non-amendable Provisions:

o Republic and Democratic Nature of the Constitution: The principle of India being a
sovereign, socialist, secular, and democratic republic is part of the Constitution’s basic
structure and cannot be altered by amendments.

o Separation of Powers: The system of checks and balances among the executive,
legislative, and judiciary cannot be tampered with.

o Federal Structure: The division of powers between the Union and States, and the
concept of dual polity, cannot be altered.

o Judicial Independence: The independence of the judiciary is considered an essential

feature of the Constitution, and it cannot be changed.

2)10 Important Amendments to the Indian Constitution

The Indian Constitution, since its adoption in 1950, has undergone several amendments to address the
evolving needs of the nation. These amendments have ranged from administrative changes to the
expansion of fundamental rights and shifts in the political landscape. Below are ten significant
amendments to the Constitution that have shaped India’s democratic framework.
 10. The 1st Amendment Act (1951)

• Context: The first amendment to the Constitution was enacted shortly after the adoption of the
Constitution. It was primarily aimed at making changes to the fundamental rights section,
especially regarding the right to property.

• Significance:

o It curtailed the scope of the right to freedom of speech and expression under Article 19
by imposing reasonable restrictions.

o It enabled land reforms and nationalization of industries by limiting the right to

property (Article 31).

o Introduced provisions related to the preservation of communal harmony, especially in

light of post-independence tensions.

11. The 42nd Amendment Act (1976)

• Context: Known as the “Mini-Constitution,” the 42nd Amendment was enacted during the
Emergency period under the leadership of Indira Gandhi.

• Significance:

o Strengthened the powers of the central government and reduced the powers of the
states.

o It curtailed the power of the judiciary, particularly limiting judicial review in matters of
constitutional amendments.

o Changed the Preamble to describe India as a “socialist, secular” republic.

o Empowered the Parliament to amend any part of the Constitution, including

Fundamental Rights, under Article 368.

o The amendment also led to the extension of the term of the Lok Sabha and State
Legislative Assemblies from 5 to 6 years.

12. The 44th Amendment Act (1978)

• Context: This amendment sought to undo several provisions of the 42nd Amendment and restore
certain democratic freedoms that were curtailed during the Emergency.

• Significance:

o Restored the right to property as a fundamental right under Article 300A, making it no
longer a legal right.

o Curbed the powers of the President in relation to the declaration of Emergency,

particularly the repeal of preventive detention laws.

o Reintroduced provisions to make the judiciary more independent and to reestablish the
balance of power between the executive, legislature, and judiciary.
 13. The 61st Amendment Act (1988)

• Context: This amendment lowered the voting age from 21 to 18 years in Lok Sabha and State
Legislative Assembly elections.

• Significance:

o It aimed at increasing youth participation in the electoral process, thereby giving more
political rights to younger citizens.

o This change was seen as a step towards enhancing democracy and encouraging active
political engagement among the youth.

14. The 73rd and 74th Amendment Acts (1992)

• Context: These amendments were significant in the context of decentralization and the
empowerment of local self-governments.

• Significance:

o The 73rd Amendment provided constitutional status to Panchayati Raj Institutions (PRI),
establishing a framework for the election and functioning of rural local bodies.

o The 74th Amendment gave constitutional recognition to Urban Local Bodies (ULBs),
such as Municipalities and Municipal Corporations.

o These amendments helped in bringing about a grassroots level of governance,

empowering local communities and decentralizing administrative powers.

15. The 86th Amendment Act (2002)

• Context: The 86th Amendment dealt with children’s education and their right to free and
compulsory education.

• Significance:

o It introduced Article 21A, which made free and compulsory education a fundamental
right for children aged 6 to 14 years.

o It also amended Article 45, mandating the state to provide early childhood care and
education.

o This amendment marked a major shift towards improving literacy and educational
standards in India.

16. The 97th Amendment Act (2011)

• Context: This amendment aimed at reforming cooperative societies in India.

• Significance:

o The amendment introduced Article 243ZG, empowering the Parliament to regulate the
working of cooperative societies.
 o It sought to make cooperative societies more efficient, transparent, and accountable,
particularly in light of their role in agriculture and rural development.

o The Act also provided constitutional recognition for the cooperative sector.

17. The 101st Amendment Act (2016)

• Context: This was one of the most significant amendments, primarily due to the introduction of
the Goods and Services Tax (GST) in India.

• Significance:

o It introduced the GST system, subsuming various indirect taxes (like VAT, excise duty,
and service tax) under a single tax regime.

o The amendment marked a major shift in India’s tax policy, facilitating a unified national
market.

o It also led to the establishment of the GST Council, which would oversee the
implementation and functioning of the GST system.

9. The 105th Amendment Act (2021)

• Context: This amendment was enacted to strengthen the position of Backward Classes (OBCs)
in the context of reservation in educational institutions and employment.

• Significance:

o It restored the power of the states to determine the OBC list, which had previously
been subject to review by the President.

o This amendment aimed at protecting the rights of OBC communities by ensuring that
state governments could continue to categorize and identify OBCs for reservation
purposes.

10. The 124th Amendment Act (2019)

• Context: This amendment introduced the concept of economic reservation for economically
weaker sections (EWS) of society.

• Significance:

o It provided for 10% reservation in education and employment for individuals from the
General Category who are economically disadvantaged, making a clear distinction
between caste-based and economic-based reservations.

o This was seen as a step towards addressing socio-economic inequalities, ensuring that
individuals who were economically deprived could also access opportunities in
education and employment.
 UNIT - 5

1)Social Structure and Its Composition in India

India is a land of diverse cultures, languages, and communities, with a unique and complex social
structure. The social structure of India is deeply rooted in its history, religion, and traditional values. Over
the centuries, various elements have shaped the social composition, creating a distinctive socio-cultural
fabric.

Understanding India's social structure requires an exploration of its components and the ways in which
they influence the lives of individuals and communities. Below is a detailed explanation of India's social
structure and its composition, which will provide insights into the social organization, hierarchy, and
functioning.

1. Introduction to Social Structure

The term "social structure" refers to the organized pattern of social relationships and institutions that
form the foundation of society. It dictates how individuals interact within society, the roles they play, and
the status they hold. In India, social structure is influenced by a combination of historical, cultural,
economic, and religious factors.

2. Components of Social Structure

India's social structure is multifaceted, with various components that contribute to its composition:

a) Caste System

• Historical Background: The caste system in India is one of the most prominent features of its social
structure. It dates back to the Vedic period and was initially linked to occupational divisions. Over
time, it became a rigid and hierarchical social stratification system.

• Current Status: Though the caste system has been officially abolished under Article 15 and Article
17 of the Indian Constitution (prohibiting caste-based discrimination), it continues to influence
social interactions, marriage, politics, and economics in rural and urban areas.

• Four Main Varna Categories:

o Brahmins (priests, scholars)

o Kshatriyas (warriors, rulers)

o Vaishyas (merchants, traders)

o Shudras (laborers, service providers)

• Untouchables: Historically, those outside the varna system, referred to as "Dalits" or "Scheduled
Castes (SCs)", were subjected to social exclusion and discrimination.

b) Religion

• Religious Diversity: India is a multi-religious society. Major religions practiced in India include
Hinduism, Islam, Christianity, Sikhism, Buddhism, Jainism, and other indigenous faiths.
 • Influence on Social Structure: Religion influences a variety of aspects in Indian life, including social
customs, festivals, rituals, and values. It also impacts family life, marriage practices, and
community activities.

• Religious Minorities: Certain social groups, particularly those from Muslim, Christian, and Sikh
communities, continue to face challenges in social acceptance, economic opportunities, and
political representation.

c) Family and Kinship

• Joint Family System: The joint family system has historically been the dominant family structure
in India, with several generations living together under one roof, sharing resources and
responsibilities. However, urbanization and economic changes have led to the rise of the nuclear
family system.

• Patriarchal Nature: Indian society is predominantly patriarchal, where men usually hold positions
of authority and decision-making within families and communities. Women, however, are central
to the functioning of the family, and traditional gender roles still prevail in many parts of India.

• Kinship Ties: In India, kinship is very important, and the family is not just a unit of economic
production but also of socialization. Relationships with extended family members such as uncles,
aunts, cousins, and in-laws hold significant importance in day-to-day life.

3. Social Stratification and Hierarchy

India's social structure is heavily influenced by the concept of stratification, which divides society into
different layers or "strata" based on wealth, power, occupation, education, and social prestige. This
stratification often dictates the treatment of individuals, access to resources, and opportunities available
to them.

a) Economic Class System

• Upper Class: This class is composed of individuals who have access to wealth, power, and
prestige, often owning large businesses or holding positions of political influence. The business
elites, industrialists, and landowners fall into this category.

• Middle Class: The middle class in India has seen significant growth, particularly with the rise of
the service sector, IT industry, and entrepreneurship. It includes professionals, teachers,
bureaucrats, and those with steady income sources.

• Lower Class: This class consists of people engaged in manual labor or working in informal sectors.
This group faces economic challenges, with limited access to resources, education, and
healthcare.

• Poor and Marginalized: The poorest sections of society, often including Dalits, tribal
communities, and migrants, face severe social and economic disadvantages.

b) Urban and Rural Divide

• Urbanization: India is rapidly urbanizing, but rural areas still account for a significant portion of
the population. Urban areas generally offer better opportunities for education, employment,
healthcare, and infrastructure, leading to a distinct contrast between the rural and urban ways of
life.
 • Rural Stratification: In rural areas, caste-based stratification is more prominent, with a clear
hierarchy of land ownership and economic status. Rural societies often maintain traditional values
and customs.

4. Social Institutions

India’s social institutions are deeply intertwined with its cultural practices and the traditional hierarchy of
society.

a) Education

• Access to Education: Education in India is deeply stratified along caste and economic lines. The
Scheduled Castes, Scheduled Tribes, and Backward Classes often face barriers in accessing
quality education.

• Higher Education: While urban areas offer opportunities for higher education, rural areas are
often underdeveloped in terms of infrastructure and quality educational institutions.

b) Politics and Governance

• Political Structure: India's democratic framework includes representatives from various social
groups. However, certain groups (such as the upper caste) have historically had more political
influence, although this has been gradually changing due to reservation policies and affirmative
action.

• Political Mobilization: Political parties in India often mobilize support based on caste, religion,
and regional identity. This has led to a fragmented political system, where caste-based and
religion-based politics play a significant role.

c) Economy and Labor

• Labor Division: Traditional occupations, particularly those defined by caste, still play a role in the
division of labor. The artisanal, manual, and agricultural labor markets are predominantly
composed of individuals from lower castes and tribal communities.

• Industrialization: With the rise of industries and service sectors, the demand for skilled labor has
increased, providing opportunities for social mobility, especially in urban areas.

5. Social Change and Mobility

India has witnessed significant social change in the past few decades, driven by factors like economic
development, education, and political movements. These changes have led to:

• Decline of the Caste System: While caste continues to influence social interactions, affirmative
action policies and the rise of education and urbanization have contributed to social mobility.

• Gender Equality: Women's roles have undergone significant transformation, with increased
participation in the workforce, education, and politics. However, gender-based discrimination still
persists, especially in rural areas.

• Rise of the Middle Class: The economic liberalization of the 1990s has created a larger, more
affluent middle class that has led to greater social mobility.
2)Rights of Women, Children, Scheduled Castes (SCs), and Scheduled Tribes (STs) in India

India's legal and constitutional framework provides several provisions to protect and promote the rights
of women, children, Scheduled Castes (SCs), and Scheduled Tribes (STs). These groups have historically
faced discrimination and social exclusion, and the Constitution of India, along with other legal
provisions, aims to empower these communities by safeguarding their rights, offering protection, and
ensuring equality.

Below is a detailed explanation of the rights of women, children, and Scheduled Castes and Scheduled
Tribes in India:

1. Rights of Women in India

India's Constitution guarantees several provisions for the protection and empowerment of women,
ensuring that they have equal rights, protection from exploitation, and opportunities for progress in all
spheres of life.

a) Constitutional Provisions for Women

• Article 14: Guarantees equality before the law and equal protection of the law, ensuring that
women are not discriminated against in any manner.

• Article 15: Prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.
This provision helps prevent gender-based discrimination.

• Article 16: Ensures equality of opportunity in matters of public employment for all citizens,
irrespective of sex.

• Article 39(a): Directs the state to ensure that citizens (men and women alike) have an adequate
means of livelihood, especially for women who often face economic disadvantages.

• Article 42: Calls for the provision of just and humane conditions of work and maternity relief,
ensuring that women in the workforce are given proper protection.

• Article 51A(e): Encourages citizens to renounce practices that are derogatory to the dignity of
women.

b) Legal Protections for Women

• The Protection of Women from Domestic Violence Act (2005): Aims to protect women from
domestic violence by providing a civil remedy and protection orders.

• The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act
(2013): Ensures a safe work environment for women and addresses the issue of sexual
harassment.

• The Equal Remuneration Act (1976): Ensures equal wages for men and women for the same
work.

• Maternity Benefit Act (1961): Provides maternity leave and benefits to women working in
factories and other establishments.

c) Women’s Reservation

• 33% Reservation in Local Bodies: The 73rd and 74th Amendments to the Constitution provided
one-third reservation for women in Panchayats (local bodies) and Municipalities.
 • Women's Reservation Bill: A bill that proposes 33% reservation for women in the Lok Sabha
and State Assemblies has been a subject of ongoing debate.

d) Violence Against Women

• Laws like the Dowry Prohibition Act (1961), Indian Penal Code Sections 498A (related to cruelty
by husband or relatives), and rape laws aim to protect women from domestic abuse, dowry-
related violence, and sexual offenses.

2. Rights of Children in India

Children in India are entitled to several fundamental rights aimed at their protection, well-being, and
development.

a) Constitutional Provisions for Children

• Article 15(3): Empowers the state to make special provisions for the welfare of children,
ensuring they are protected from exploitation and abuse.

• Article 21: Guarantees the right to life and personal liberty, which has been interpreted by the
Supreme Court to include the right to education and protection for children.

• Article 39(e) and (f): Direct the state to ensure that children are protected from exploitation and
that childhood is not abused in any way.

• Article 45: Originally provided for the provision of free and compulsory education for children
up to 14 years of age. It was later amended by the 86th Amendment in 2002 to include Article
21A, making free and compulsory education a fundamental right for children aged 6 to 14 years.

b) Legal Provisions for Children

• The Juvenile Justice (Care and Protection of Children) Act (2015): Provides for the protection,
care, and rehabilitation of children who are in need of care and protection or have been in
conflict with the law.

• The Right of Children to Free and Compulsory Education Act (2009): Ensures that all children
between the ages of 6 to 14 years receive free and quality education.

• Child Labor (Prohibition and Regulation) Act (1986): Prohibits the employment of children
below the age of 14 in hazardous industries and regulates the conditions of child labor in non-
hazardous sectors.

c) Child Protection and Welfare

• National Commission for Protection of Child Rights (NCPCR): An independent body established
to monitor the rights and welfare of children.

• Integrated Child Development Services (ICDS): A government program aimed at improving the
nutritional and developmental status of children under six years of age, providing health,
education, and nutrition.

3. Rights of Scheduled Castes (SCs) and Scheduled Tribes (STs)

Scheduled Castes (SCs) and Scheduled Tribes (STs) are historically marginalized groups that have faced
systemic discrimination and exclusion. The Indian Constitution includes several provisions to uplift these
communities and ensure their equal participation in society.

a) Constitutional Provisions for SCs and STs

• Article 15(4): Allows the state to make special provisions for the advancement of SCs and STs,
including measures for their social and educational development.

• Article 17: Abolishes untouchability and forbids its practice in any form. This has been a
cornerstone for the social empowerment of Dalits (SCs).

• Article 46: Directs the state to promote the educational and economic interests of SCs and STs
and protect them from social injustice and exploitation.

• Article 338: Provides for the establishment of a National Commission for Scheduled Castes and
Scheduled Tribes to safeguard their rights and welfare.

• Article 244: Deals with the administration of Scheduled Areas and Tribal Areas, providing for a
system of governance and protection of rights in these areas.

b) Legal Provisions for SCs and STs

• The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (1989): Aims to
prevent atrocities against SCs and STs and provide a legal mechanism for their protection.

• The Reservation Policy: The Constitution mandates reservations in educational institutions,

public employment, and legislative bodies for SCs, STs, and other backward communities to
ensure their representation and access to opportunities.

o Reservations in Education: 15% of seats in government-run educational institutions are

reserved for SCs, and 7.5% for STs.

o Reservations in Employment: A certain percentage of government jobs are reserved for

SCs and STs, depending on their population in the state.

o Reservations in Politics: Seats in Lok Sabha and State Legislative Assemblies are
reserved for SCs and STs.

c) Welfare Schemes and Policies

• Tribal Sub-Plan (TSP): A policy aimed at providing financial and developmental benefits to
Scheduled Tribes through dedicated planning and resources.

• Post-Matric Scholarships: Provides scholarships to SC/ST students for higher education.

• Employment and Economic Empowerment Programs: Various government schemes focus on

providing employment opportunities and self-employment options to SCs and STs, along with
skill development initiatives.