United Mission Degree College

Bengaluru, Karnataka

Bachelor of Computer Application

2nd year, 4th semester
 Syllabus
Unit Content
Chapter 1 :- Making of Indian Constitution
1 Constituent Assembly- composition, objectives,
Preamble and Salient Features of Indian
Constitution
Chapter 2 :- Fundamental Rights, Fundamental
Duties, Directive Principles

Chapter 3:- Union Government –

2 President, Prime Minister and Council of
Ministers
Chapter 4:- State Government
Governor, Chief Minister and Council of
ministers

Chapter 5:- Judiciary

3 Supreme Court and High Court, Composition,
Powers and Functions and Judicial Review
Chapter 6:- Electoral Process
Election Commission- Composition, Powers and
Functions and Judicial Review
 UNIT 1
1. What is the Constituent Assembly?
The Constituent Assembly was a body formed to draft the Constitution of India.
It laid the foundation of independent India’s governance by formulating laws and
principles that would guide the nation.

Composition of the Constituent Assembly

• Total Members: Initially 389 (later reduced to 299 after Partition).

• Representation:
o Provincial Assemblies: 292 members were elected by the provincial
assemblies.
o Princely States: 93 members were nominated from princely states.
o Chief Commissioner Provinces: 4 members represented these
provinces.
• Elections: Held indirectly; members were elected by MLAs (Members of
Legislative Assemblies) using single transferable vote.

Objectives of the Constituent Assembly

• Establish a Sovereign, Democratic Republic.

• Guarantee justice, equality, liberty, and fraternity to all citizens.
• Provide safeguards for minorities, backward classes, and tribal areas.
• Frame a constitution for India's governance, ensuring fundamental rights.
• Promote international peace and cooperation.
2. Meaning of Preamble

According to the preamble, India is declared a sovereign nation and a democratic

republic. It follows socialism and is secular in terms of religion. The Preamble
outlines the Constitution’s purposes, which include ensuring justice, protecting
people’s liberty, achieving social equality, and instilling a sense of fraternity
among citizens. The day the constitution was adopted, November 26, 1949, is
referenced in the Preamble.

3. Salient features of Indian Constitution

• Sovereign: India is a sovereign country, by this conception. It denotes that

it is not ruled by or under the jurisdiction of any external authority or
country.
• Socialist: The 42nd Amendment Act adds the phrase “socialist” to the
preamble. Rather than traditional communalist socialism, Indian socialism
is democratic. It operates in a mixed economy, with public and private
ownership coexisting.
• Secular: The 42nd Amendment established the term “secular.” It
establishes that the state has no official religion and is not prejudiced
against any faith. It distinguishes between states and religion.
• Democratic republic: It asserts that India will pursue a republican, or
people’s representative, democratic system of governance. To display the
democratic republic character, the constitution covers various themes
such as universal adult franchise, an independent judiciary, eradication of
discrimination, and so on.
• Justice: The preamble indicates that the justice here is social, economic,
and political justice. Social justice refers to the equitable treatment of all
citizens of the country, regardless of sex, caste, religion, gender, or other
factors.
• Equality: The phrase “equality” refers to the lack of preferential treatment
for any group in society, as well as the provision of suitable opportunities
for all people, without regard for their race/gender.

4. Write a note on Fundamental Rights

Right to Equality (Articles 14 – 18)

The right to equality is one of the important fundamental rights of the Indian
Constitution that guarantees equal rights for everyone, irrespective of religion,
gender, caste, race or place of birth. It ensures equal employment opportunities
in the government and insures against discrimination by the State in matters of
employment on the basis of caste, religion, etc. This right also includes the
abolition of titles as well as untouchability.
Right to Freedom (Articles 19 – 22)
Freedom is one of the most important ideals cherished by any democratic
society. The Indian Constitution guarantees freedom to citizens. The freedom
right includes many rights such as:
• Freedom of speech
• Freedom of expression
• Freedom of assembly without arms
• Freedom of association
• Freedom to practise any profession
• Freedom to reside in any part of the country

Right against Exploitation (Articles 23 – 24)

This right implies the prohibition of traffic in human beings, begar, and other
forms of forced labour. It also implies the prohibition of employment of children
in factories, etc. The Constitution prohibits the employment of children under
14 years in hazardous conditions.
Right to Freedom of Religion (Articles 25 – 28)
This indicates the secular nature of Indian polity. There is equal respect given to
all religions. There is freedom of conscience, profession, practice and
propagation of religion. The State has no official religion. Every person has the
right to freely practice his or her faith, and establish and maintain religious and
charitable institutions.
Cultural and Educational Rights (Articles 29 – 30)
These rights protect the rights of religious, cultural and linguistic minorities, by
facilitating them to preserve their heritage and culture. Educational rights are for
ensuring education for everyone without any discrimination.

5. Write a note on Fundamental Duties

• To abide by the Constitution and respect its ideals and institutions, the
National Flag and the National Anthem,
• To cherish and follow the noble ideals that inspired the national
struggle for freedom,
• To uphold and protect the sovereignty, unity, and integrity of India,
• To defend the country and render national service when called upon to
do so,
• To value and preserve the rich heritage of the country’s composite
culture,
• To protect and improve the natural environment including forests, lakes,
rivers, and wildlife, and to have compassion for living creatures,
• To develop a scientific temper, humanism, and the spirit of inquiry and
reform,
• To safeguard public property and to abjure violence,
• To provide opportunities for education to his child or ward between the
age of six and fourteen years .

6. Write about Directive Principles of State Policy

• Non-Justiciability- Unlike fundamental rights, which are legally

enforceable, DPSPs are non-justiciable, meaning they cannot be enforced
by courts. However, they are considered fundamental in governance and
serve as moral and political directives for the state.
• Dynamic and Evolving- DPSPs are not static principles but evolve over
time to address emerging socio-economic challenges and the changing
needs of society. They allow for adaptation and innovation in governance
strategies to meet evolving circumstances.
• Welfare State- The DPSPs are aimed at promoting the welfare of the
people and the establishment of a just society. They emphasize principles
of justice, equality, and fraternity in the governance of the country.
• Socio-Economic Objectives- DPSPs aim to establish certain social and
economic goals that the State should strive to achieve. These objectives
include promoting social justice, economic welfare, and the overall
development of the nation.
• Balance between Rights and Duties- While fundamental rights focus on
protecting individual liberties, DPSP emphasizes the importance of
balancing rights with corresponding duties. They emphasize the collective
welfare of society over individual interests.
• Cultural and Educational Values- These principles emphasize the
promotion of cultural and educational institutions to preserve and enrich
the country’s diverse cultural heritage and foster a spirit of scientific
inquiry and innovation.
• International Obligations- DPSP may also guide the state in fulfilling its
international obligations and commitments. They reflect principles of
international law and conventions that India has ratified, reinforcing the
country’s commitment to global standards of human rights and
development.
 UNIT 2

1. Write a note on the powers and functions of election of the Prime

Minister of India.

The President of India serves as the head of state and the first citizen of the
nation. The President acts as a symbol of unity and integrity in India.

Functions of President

Chief of State
• This is an administrative task that requires the president to address,
solace, and, without a doubt, he drives the country in the midst of stress,
misery, or war. During FDR’s four terms, he was called upon to answer
stupendous public difficulties and by uprightness of his fireside visits and
different endeavors he performed incredibly well. As Chief of State, the
economy and its prosperity and future possibility are generally vital.

Chief Executive
• The president is liable for one of the three parts of government and as
such should work with the regulative branch and follow the legal arm.
Additionally, the individual in question should work with his bureau and
authoritative authorities to plan and carry out significant approaches and
techniques effectively. Regular CEO obligations.
 Legislative Power
• The president ought to have great relations with Congress and work with
her party and the resistance to have bills and financial plans passed that
benefit the country. In the event that he accepts any bill that doesn’t meet
that objective, he might reject it and work with the lawmaking body on a
trade-off that does.

Chief Diplomat
• Like the Chief of State’s inside job, the president’s outer job as Chief
Diplomat is to work with different countries and their chiefs on issues of
significance to the United States and different nations. The president
additionally, similar to any great CEO depends on his bureau, the
assembly, and diplomats, among others in effectively carrying out the
international strategy.

Commander-in-Chief
• The president is a definitive chief compared with military choices.
Typically, obviously, his most elevated military counsels assume a
significant part however it is his obligation to both select the best and
insightfully pay attention to their recommendation.

• Powers of President of India

The president is the top of the Indian state. He is the main resident of India
and goes about as an image of solidarity, respectability, and fortitude of
the country.

Chief Powers
• He delegates PM and different pastors and they hold office during his
presence.
• He chooses lawyer general(AG), CAG, CEC, and other political decision
chiefs, executives, and individuals from UPSC, Governors, etc.

Official Powers
• He can gather the sitting of both the places of Parliament which working
closely together is managed by the speaker of the Lok Sabha.
• He chooses 12 individuals for the Rajya Sabha from among people having
exceptional information or viable involvement.
• He might give his consent to charge Withhold his consent to the bill.
• He can call or prorogue the Parliament and can break down the Lok Sabha.
 Legal Powers
• Selects the central equity and the adjudicators of the high court and high
courts.
• Can look for guidance from the Supreme Court on any inquiry of
regulation or reality however the counsel offered by the high court isn’t
restricted to the president.
• He can concede pardon, reprieve, respite, remit, and drive the discipline
of any individual

Discretionary powers
• Worldwide deals and arrangements are arranged and closed for the
president subject to the endorsement of parliament
He addresses India at worldwide gatherings and sends and gets
negotiators.

• Military powers
• He is the preeminent administrator of guard powers.
• He designates the heads of safeguard powers.
• Can announce a war or finish up harmony subject to the endorsement of
parliament

Election of the President

The President is elected by an electoral college. This includes elected members
of both Houses of Parliament and the Legislative Assemblies of States and Union
Territories. Nominated members do not participate in the election.

2.Write a note on the Powers and functions of the Indian Prime

Minister.
Appointment and Dismissal of Ministers
The Prime Minister has the power to appoint and dismiss ministers, who make
up the government's cabinet.
Setting the Government's Agenda
The Prime Minister has significant influence over the government's policy
agenda and can set the priorities for the government's legislative program.
Chairing Cabinet Meetings
The Prime Minister chairs meetings of the cabinet and has the power to set the
agenda for these meetings.
Advising The Head of State
The Prime Minister advises the head of state (such as a monarch or president)
on matters of government policy.
Budgetary Powers
The Prime Minister is responsible for overseeing the government's budget and
has the power to make decisions regarding public spending and taxation.
Foreign Policy
The Prime Minister has a significant role in shaping the country's foreign policy,
representing the country in international relations, and negotiating treaties and
agreements with other countries.
Legislative Powers
The Prime Minister has significant influence over the legislative process, and can
introduce legislation or influence the passage of bills through parliament.
Emergency Powers
In times of national crisis or emergency, the Prime Minister has powers to take
immediate action to address the situation, such as declaring a state of
emergency or invoking martial law.
Appointments to Public Office
The Prime Minister has the power to appoint individuals to key positions in the
public service, such as judges, ambassadors, and heads of government agencies.
Dissolving Parliament
The Prime Minister has the power to request the dissolution of parliament,
which would trigger a general election and potentially lead to a change of
government

Functions of the Indian Prime Minister

Head of the Government

The Prime Minister is the head of the Indian government and is responsible for
the overall functioning of the government.
Chief Advisor to the President
The Prime Minister is the chief advisor to the President of India on matters
relating to government policy.
Leader of the Ruling Party
The Prime Minister is also the leader of the party or coalition that holds a
majority in the Lok Sabha (the lower house of the Indian Parliament).
Cabinet Formation
The Prime Minister is responsible for selecting and appointing ministers to the
Cabinet.
Coordination of Government Activities
The Prime Minister coordinates the activities of the various ministries and
departments of the government.
Policy Making
The Prime Minister is responsible for the formulation and implementation of
government policies.
Legislative Functions
The Prime Minister plays an important role in the legislative process, by
introducing bills in the Parliament and ensuring their passage.
Foreign Relations
The Prime Minister is responsible for formulating and implementing India's
foreign policy.
National Security
The Prime Minister is responsible for national security, including defence policy
and intelligence matters.
Crisis Management
The Prime Minister is responsible for managing crises and emergencies that may
arise, including natural disasters, terrorist attacks, and other security threats.

How is the Prime Minister appointed?

The Prime Minister of India, to put it directly, is the leader of the Political Party
that wins a majority in the General Elections. To win majority, a party must bag
at least 272 seats out of the total 543 seats of the Lok Sabha. The leader of the
party is then formally appointed as the Prime Minister by the President of India.
President of India appoints a person as the Prime Minister who is either the
leader of the party which holds a majority of seats in the Lok Sabha or is a person
who is able to win the confidence of the Lok Sabha by gaining the support of
other political parties.
3.Write a note on Council of Ministers in Union Cabinet

The Union Council of Ministers (CoM), also known as the Central Council of
Ministers (CoM), is a central body that forms part of the executive branch of the
Union Government. It is the real executive authority under the Parliamentary
System of Government as provided by the Indian Constitution. The Council
serves as the principal advisory body to the Head of State i.e. the President of
India. It also plays a pivotal role in decision-making, as well as in the formulation
and implementation of government policies.

Composition of Union Council of Ministers

As the phrase “Council of Ministers (CoM)” suggests, the Central Council of
Ministers (CoM) refers to a group of ministers. It is headed by the Prime
Minister of India and comprises the following three categories of ministers:
• Cabinet Ministers,
• Ministers of State (MoS), and
• Deputy Ministers.
Cabinet Ministers
• Cabinet Ministers are the ones who head important ministries such as
Home, Defence, Finance, etc.
• These ministers are the members of the Cabinet, attend its meetings, and
play an important role in deciding the policies of the government.
Ministers of State (MoS)
• Ministers of State (MoS) are the ones who can either be
o Attached to the Cabinet Ministers; or
o Given an independent charge of Ministries/Departments
• In case of attachment, the Ministers of State may either be:
o Given charge of the departments of the Ministries headed by
Cabinet Ministers; or
o Allotted specific items of work related to the Ministries headed by
Cabinet Ministers.
• In the case of an independent charge, the Ministers of State (MoS)
perform the same functions and exercise the same powers w.r.t. their
ministries/departments as Cabinet Ministers do.
However, they are not a member of the Cabinet and do not attend its
meetings unless specifically invited.
Deputy Ministers
• Deputy Ministers are not given independent charge of Ministries or
Departments.
 • They are, rather, attached to the Cabinet Ministers or Ministers of
State and assist them in their duties.
• They are not members of the Cabinet and do not attend the meetings of
the Cabinet.
Parliamentary Secretaries
• Parliamentary Secretaries comprise another category of Ministers.
However, they are not members of the Central Council of Ministers
(CoM).
• They are appointed by the Prime Minister of India, and not by the
President of India.
• They do not have any department under their control. Rather, they
are attached to the senior ministers and assist them in performing their
duties.
Appointment of Ministers
The constitutional provisions regarding the appointment of ministers of the
Union Council of Ministers (CoM) are as follows:
• The Prime Minister is appointed by the President of India
• Other ministers are appointed by the President of India on the advice of
the Prime Minister.
o Thus, the President can appoint only those persons as ministers
who are recommended by the Prime Minister.
• A person who is not a member of either House of Parliament can also be
appointed as a minister. But, within 6 months, he/she must become a
member of either House of Parliament, otherwise, he ceases to be a
minister.

Role of Union Council of Ministers (CoM)

The role of the Council of Ministers can be seen in the following points:
• It is the highest decision-making authority of the Central Government.
• It is the chief policy-formulating body of the Central Government.
• It is the supreme executive authority of the Central Government.
• It is the chief coordinator of the Central Government.
• It is an advisory body to the President.
• It acts as the chief crisis manager in case of emergencies.
• It deals with all major legislative and financial matters.
• It exercises control over higher appointments.
• It deals with all foreign policies and affairs.
Responsibility of Ministers
As per the Constitutional provisions, the ministers forming part of the Union
Council of Ministers (CoM) have two types of responsibilities – Collective
Responsibility and Individual Responsibility. Moreover, in the Indian context,
the ministers have no Legal Responsibility.

The Chief Minister of a state holds a position of power in the state. He establishes
the State Council of Ministers, which is always led by him. The appointment of
the Chief Minister is the first step in the formation of a ministry. In forming the
Council of Ministers, the Governor always takes his advice into consideration

4. Write a note on Powers and Functions of Election of Chief Minister of

Karnataka

• The Chief Minister is the state government's most powerful official.

• He is the head of the State Council of Ministers and the real executive head
of state government.
• He wields enormous power and is a key figure in the state.
• The Constitution makes no mention of a specific procedure for selecting
and appointing the Chief Minister.
• According to Article 164 of the Indian Constitution, the Governor appoints
the Chief Minister.
o It also mentions that there shall be a Council of Ministers along with
the Chief Minister, to assist and advise the governor.
• After the Legislative Assembly election, the task of forming the
government begins.
• The party with the most votes in the Legislative Assembly (Vidhan
Sabha) has the right to form the government.
• The governor must appoint the leader of the majority party in the state
legislative assembly as chief minister, regardless of his preferences.
• Ministers are appointed based on the Chief Minister’s recommendations.
• The Chief Minister may be a member of either of the two Houses of a state
legislature.
POWER AND FUNCTIONS
The Chief Minister, as the head of the state government, enjoys several
powers and functions as per the Indian Constitution. Some of these
powers and functions include:

1. Executive powers: The Chief Minister is the head of the executive branch
of the state government. They exercise executive powers and have the
responsibility to implement laws and policies effectively. The Chief
Minister appoints and supervises various government officials and
coordinates the activities of different departments to ensure smooth
governance.
2. Legislative role: The Chief Minister plays a crucial role in the legislative
process. They are the leader of the ruling party or coalition in the state
legislature. As such, they have the power to initiate legislation, introduce
bills, and represent the government’s policies and agenda in the legislative
assembly. The Chief Minister also guides and influences the decision-
making process in the assembly.
3. Administrative authority: As the head of the state government, the Chief
Minister holds significant administrative authority. They have the power
to make appointments, transfers, and promotions of state government
officials. The Chief Minister also exercises control over the administration
and ensures that policies and programs are implemented effectively.
4. Financial powers: The Chief Minister plays a crucial role in the financial
matters of the state. They have the power to prepare the state budget,
allocate funds to different departments, and determine the priorities for
expenditure. The Chief Minister also represents the state government in
financial matters with the central government and other financial
institutions.
5. Judicial role: Although the Chief Minister is primarily an executive and
legislative authority, they may also have certain judicial functions. In some
cases, the Chief Minister may have the power to grant pardons, commute
sentences, or recommend mercy petitions. However, the extent of these
powers may vary depending on the constitutional provisions and laws of
the particular state.
6. Representational duties: The Chief Minister represents the state
government in various forums and acts as a spokesperson for the state.
They may represent the state’s interests in meetings with the central
government, other state governments, and international delegations. The
 Chief Minister also plays a crucial role in maintaining inter-state relations
and fostering cooperation among different states.

5. Write a note on Powers and Functions of election of Governor of Karnataka?

Governor is a nominal executive head of the state. He forms an important part

of the state executive where he acts as the chief executive head. Central
Government nominates the governor for each state.
How is a Governor Appointed?
The Indian President appoints Governor for each state by warrant under his hand
and seal. Central Government is responsible to nominate the governor for each
state.
• An interregnum is not allowed; following which a Governor may sit in the
office beyond 5 years (expiry of the term) till the new governor assumes
the charge of the office.
• At President’s discretion, the Chief Justice of the High Court of the
concerned state can also be appointed as the Governor on a temporary
basis when and how the President thinks fit. (Example – On the governor’s
death, Chief Justice of HC can be appointed as the governor.

Powers and Functions of the Governor?

Executive Powers of the Governor

The following comes under his executive powers:
1. Every executive action that the state government takes, is to be taken in
his name.
2. How an order that has been taken up his name is to be authenticated, the
rules for the same can be specified by the Governor.
 3. Chief Ministers and other ministers of the states are appointed by him.
4. He appoints the advocate general of states and determines their
remuneration
5. He appoints the following people:
1. State Election Commissioner
2. Chairman and Members of the State Public Service Commission
3. Vice-Chancellors of the universities in the state
6. He seeks information from the state government
7. A constitutional emergency in the state is recommended to the President
by him.
8. The governor enjoys extensive executive powers as an agent of the
President during the President’s rule in the state.

Legislative Powers of the Governor

The following are the legislative powers of the governor:
1. It’s in his power to prorogue the state legislature and dissolve the state
legislative assemblies
2. He addresses the state legislature at the first session of every year
3. If any bill is pending in the state legislature, Governor may/may not send
a bill to the state legislature concerning the same
4. If the speaker of the legislative assembly is absent and the same is Deputy
Speaker, then Governor appoints a person to preside over the session
5. As President nominates 2 members in the Lok Sabha, Governor nominates
1 member in state legislative assembly from Anglo-Indian Community.
6. He can consult Election Commission for the disqualification of members

Financial Powers of the Governor

The following are the financial powers and functions of the Governor:
1. He looks over the state budget being laid in the state legislature
2. His recommendation is a prerequisite for the introduction of a money
bill in the state legislature
3. He recommends for the demand for grants which otherwise cannot be
given
4. Contingency Fund of State is under him and he makes advances out that
to meet unforeseen expenditure.
5. State Finance Commission is constituted every five years by him.

Judicial Powers of the Governor

The following are the judicial powers and functions of the Governor:
1. He has the following pardoning powers against punishment:
 1. Pardon
2. Reprieve
3. Respite
4. Remit
5. Commute
2. President consults the Governor while appointing judges of High Court.
3. In consultation with the state High Court, Governor makes appointments,
postings, and promotions of the district judges.
4. In consultation with the state high court and state public service
commission, he also appoints persons to the judicial services.

6. Write a note on State Council of Ministers (CoM)?

The State Council of Ministers (CoM) is a central body that forms part of the
executive branch of the State Government. It is the real executive authority
under the Parliamentary System of Government as provided by the Indian
Constitution. The Council serves as the principal advisory body to the Chief
Executive Head of State i.e. the Governor. It also plays a pivotal role in decision-
making, as well as in the formulation and implementation of government
policies.
• The Ministers shall hold office during the pleasure of the Governor.
• The Council of Ministers shall be collectively responsible to the State
Legislative Assembly.
• The Governor shall administer the oaths of office and secrecy to a
Ministers.
• A Minister who is not a member of the State Legislature for any period of
six consecutive months shall cease to be a minister.
• The salaries and allowances of ministers shall be determined by the State
Legislature.
• The Governor shall make rules for the more convenient transaction of the
business of the Government of the State, and for the allocation among
ministers of the said business in so far as it is not business with respect to
which the Governor is required to act at his/her discretion.

Composition of State Council of Ministers

• As the phrase “Council of Ministers (CoM)” suggests, the State Council of
Ministers (CoM) in India refers to a group of ministers headed by the
Chief Minister – the supreme governing authority of the State.
• However, the Constitution does not specify the ranking of ministers or
the size of the State Council of Ministers.
 o They are decided by the Chief Minister of the State according to the
exigencies of the time and requirements of the situation.
• The State Council of Ministers comprises the following three categories of
ministers:
o Cabinet Ministers,
o Ministers of State (MoS), and
o Deputy Ministers.
Cabinet Ministers
• Cabinet Ministers are the ones who head important departments of the
State Government such as Home, Defence, Finance, etc.
• These ministers are the members of the Cabinet, attend its meetings, and
play an important role in deciding the policies of the government.
Ministers of State (MoS)
• Ministers of State (MoS) are the ones who can either be
o Attached to the Cabinet Ministers; or
o Given an independent charge of Ministries/Departments.
• However, they are not a member of the Cabinet and do not attend its
meetings unless specifically invited.
Deputy Ministers
• Deputy Ministers are not given independent charge of the departments.
• They are, rather, attached to the Cabinet Ministers and assist them in
their duties.
• They are not members of the Cabinet and do not attend the meetings of
the Cabinet.

Appointment of Ministers
The constitutional provisions regarding the appointment of ministers of the State
Council of Ministers (CoM) in India are as follows:
• The Chief Minister is appointed by the Governor of State.
• Other ministers are appointed by the Governor of State on the advice of
the Chief Minister.
o Thus, the Governor can appoint only those persons as ministers
who are recommended by the Chief Minister.
• A person who is not a member of either House of the State
Legislature can also be appointed as a minister. But, within 6 months,
he/she must become a member of either House of the State Legislature,
otherwise, he ceases to be a minister.
• A minister who is a member of one House of the State Legislature has
the right to speak and to take part in the proceedings of the other House.
But, he/she can vote only in the House of which he/she is a member.
Role of State Council of Ministers (CoM)
The role of the State Council of Ministers in India can be seen in the following
points:
• It is the highest decision-making authority in the politico-administrative
system of a State.
• It is the chief policy-formulating body of the State Government.
• It is the supreme executive authority of the State Government.
• It is the Chief Coordinator of the State Administration.
• It is an advisory body to the Governor of State.
• It acts as the Chief Crisis Manager in the case of emergencies.
• It deals with all major legislative and financial matters.
• It exercises control over higher appointments like constitutional
authorities and senior secretariat administrators.

UNIT 3
1. Write a note on Supreme court of India, number of judges, powers,
functions and composition of Supreme Court of India

The Supreme Court of India, the apex judicial body, is a federal court, the highest
court of appeal, and the guardian of the constitution. Established as the highest
judicial authority under the Indian Constitution, the Supreme Court plays a
pivotal role in interpreting the law, safeguarding fundamental rights, and
ensuring the rule of law prevails across the nation.

About Supreme Court (SC) of India

The Supreme Court of India is the apex court of India under the integrated
judicial system established by the Constitution of India.
It has been envisaged as:
• a Federal Court
• The highest court of appeal in India
• The guarantor of Fundamental Rights
• The guardian of the Constitution of India and
• The final interpreter of the Constitution of India.

About Indian Judiciary

Inspired by the Government of India Act of 1935, the Indian Constitution has
established an integrated judicial system with a three-tier structure

• The Supreme Court

• The High Courts
• The Subordinate Courts (District Courts, and other Lower Courts)

This single system of courts enforces both Central and State Laws across the
country.
Constitutional Provisions Related to Supreme Court of India
Articles 124 to 147 in Part V of the Indian Constitution deal with the provisions
related to the Supreme Court of India.
The constitutional provisions mentioned under these articles deal with
the organization, independence, jurisdiction, powers, and procedures of the SC.
• The Parliament is also authorized to regulate these provisions.
Composition of Judges
• Originally, the strength of the Supreme Court was fixed at 8 (1 Chief
Justice and 7 other judges).
• The Constitution of India empowers the Parliament to increase or
decrease the number of judges of the SC.
o Accordingly, the Parliament passes several Acts subsequently to
increase the number of other judges of the SC.
• At present, the SC consists of 34 judges (1 Chief Justice and 33 other
judges).

Appointment of Judges of the Supreme Court

The Chief Justice and other judges of the Supreme Court are appointed by the
President as can be seen in the following sections.
Appointment of the Chief Justice
The Chief Justice is appointed by the President after consultation
with such judges of the Supreme Court and High Courts as he deems necessary.
As per the Second Judges Case (1993), the senior-most judge of the Supreme
Court should alone be appointed as the Chief Justice of India.

Appointment of Other Judges

• The other judges are appointed by the President after consultation
with the Chief Justice and such other judges of the Supreme Court and
the High Courts as he deems necessary.
• The consultation with the Chief Justice is obligatory in the case of the
appointment of a judge other than the Chief Justice.
• As per the Second Judges Case (1993), consultation with the Chief
Justice means concurrence and advice tendered by the Chief Justice is
binding on the President.
• As per the Third Judges Case (1998), the Chief Justice should consult a
collegium of 4 senior-most judges of the Supreme Court before
recommending the name to the President.
o The recommendations made by the Chief Justice, without
consulting the collegium, are not binding on the President.

2. Write a note on High Court of Karnataka, number of Judges, powers,

functions and composition of High Court Judges.

This Photo by Unknown Author is licensed under CC BY

The High Court stands as the apex judicial body within the State, holding the
pivotal responsibility of interpreting the law, safeguarding fundamental rights,
and ensuring the rule of law prevails across its jurisdiction. Established as a
cornerstone of the single integrated judicial system envisioned by the Indian
Constitution, the High Court serves as the highest judicial authority at both the
State and Union Territory levels. This article aims to study in detail the High Court,
including its history, constitutional provisions, composition, powers, jurisdiction,
and other related aspects.
About High Court
• The High Court is the apex court in the judicial administration of a
State under the integrated judicial system established by the Constitution
of India.
• The High Courts have been envisaged as:
o The highest court of appeal in the state
o The guarantor of Fundamental Rights
o The guardian of the Constitution of India, and
o The interpreter of the Constitution of India.

About Indian Judiciary

• Inspired by the Government of India Act of 1935, the Indian Constitution
has established a single-integrated judicial system with a three-tier
structure:
o The Supreme Court
o The High Courts
o The Subordinate Courts (District Courts, and other Lower Courts)
• This single system of courts enforces both Central and State Laws across
the country.
Constitutional Provisions Related to High Courts
• Articles 214 to 231 in Part VI of the Indian Constitution deal with the
provisions related to the High Courts.
• The constitutional provisions mentioned under these articles deal with
the organization, independence, jurisdiction, powers, and procedures of
the High Courts.
o The Parliament and State Legislature both are authorized to
regulate these provisions.

Composition of Judges of High Court

• The Constitution does not specify the strength of a High Court and leaves
it to the discretion of the President.
 o Thus, every High Court consists of a Chief Justice and such other
Judges as determined by the President.
• The President determines the strength of a High Court from time to time
depending upon the workload of the High Court.

Appointment of Judges of High Court

The Chief Justice and other judges of the High Court are appointed by
the President of India .

Appointment of Chief Justice of High Court

The Chief Justice is appointed by the President after consultation

with the Governor of the concerned State and the Chief Justice of India.

Appointment of Other Judges of High Court

• Other judges of the High Court are appointed by the President
after consultation with the Governor of the State, the Chief Justice of
India, and the Chief Justice of the concerned High Court.
• In the case of a common High Court for two or more States, the Governors
of all the States concerned are consulted by the President of India.
• As per the Second Judges Case (1993), consultation with the Chief Justice
of India means concurrence and advice tendered by the Chief Justice of
India is binding on the President.
• As per the Third Judges Case (1998), the Chief Justice of India should
consult a collegium of 2 senior-most judges of the Supreme Court before
recommending the name to the President.
o The recommendations made by the Chief Justice of India, without
consulting the collegium, are not binding on the President.

3. Write a note on the Election Commission of India, powers and functions.

The Election Commission of India, abbreviated as ECI is a constitutional

body responsible for administering elections in India according to the
rules and regulations mentioned in the Constitution of India.
It was established on January 25, 1950. The major aim of election
commission of India is to define and control the process for elections
conducted at various levels, Parliament, State Legislatures, and the
 offices of the President and Vice President of India. It can be said that the
Election Commission of India ensures smooth and successful operation of
the democracy.

Initially, the commission had only a Chief Election

Commissioner. Presently, it consists of a Chief Election Commissioner
and two Election Commissioners. For the first time, two additional
Commissioners were appointed on 16th October 1989 but they had a very
short term till 1st January 1990. Afterwards, on 1st October 1993 two
additional Election Commissioners were appointed. The concept of multi-
member Commission has been in operation since then, with decision-
making power by majority vote.

Administrative Powers
1. To decide the territorial areas of the electoral constituencies throughout
the country on the basis of the Delimitation Commission Act of
Parliament.
2. To organize and periodically amend electoral rolls and to register all
qualified voters.
3. To inform the dates & schedules of election and to scrutinize the
nomination papers.
4. To grant recognition to political parties & allot election symbols to them.
5. To act as a court for settling disputes related to granting of recognition to
political parties and allotment of election symbol to them.
6. ECI appoints the following-

1. Chief Electoral Officer– ECI in consultation with State

Government/Union Territory Administration nominates or
designates an Officer of the said State/UT as the Chief Electoral
Officer to supervise the election work in the State/UT
2. District Election Officer– ECI in consultation with the State
Government/ Union Territory Administration designates an officer
of the said State/UT as the District Election Officer to supervise the
election work of a district
3. Returning Officer– ECI in consultation with State
Government/Union Territory Administration nominates or
designates an officer of the Government or a local authority as the
 Returning Officer for each assembly and parliamentary
constituency. Returning Officer is responsible for the conduct of
elections in the parliamentary or assembly constituency and may
be assisted by one or more Assistant Returning Officers (again
appointed by ECI) in the performance of his functions
4. Electoral Registration Officer– ECI appoints the officer of State or
local government as Electoral Registration Officer for the
preparation of Electoral rolls for a parliamentary/ assembly
constituency

Role of Election Commission of India

Election commission plays a vital role in organizing elections. The most
critical challenge before the Election Commission of India is to implement
norms and the Model Code of Conduct to ensure free and fair elections in
the country. Its existence and independence are necessitated by history,
which has revealed that self-governing elections are not free from
disruption. Towards this end, it has been empowered to supervise political
parties and candidates and take appropriate action in case of violations.

Functions and Powers

Key functions of the Election Commission of India are as under:

1. The Election Commission of India is considered the guardian of free

and reasonable elections.
2. It issues the Model Code of Conduct in every election for political
parties and candidates so that the decorum of democracy is
maintained.
3. It regulates political parties and registers them for being eligible
to contest elections.
4. It publishes the allowed limits of campaign expenditure per
candidate to all the political parties, and also monitors the same.
5. The political parties must submit their annual reports to the
ECI for getting tax benefit on contributions.
6. It guarantees that all the political parties regularly submit their
audited financial reports.

The main duties of the Election Commission are:

1. To supervise, direct, control and conduct all elections to Parliament and
State Legislatures as also to the office of the President and Vice- President
of India.
2. To set down general rules for election.
3. To determine constituencies and to prepare electoral rolls.
4. To give credit to political parties.
5. To allot election symbols to different political parties and individual
contestants.
6. To appoint tribunals for the decision of doubts and disputes arising out of
or in connection with election to parliament and State Legislatures.

4. Write a note on Electoral Reforms.

Electoral reforms in India refer to the improvements and changes needed

or proposed to enhance the electoral process’s transparency, efficiency,
and fairness over the years. Read here to learn more about them.
•
Electoral Reforms in India
Effective electoral reforms require robust legislative changes, active
enforcement by institutions like the Election Commission of India, and
participation from political parties, civil society, and the electorate.
The ongoing dialogue about these reforms is crucial for evolving and
sustaining democracy in India.
Since gaining independence in 1947, India has made several significant
amendments and reforms to its electoral processes to address various
challenges and improve the electoral system.

• 1950: The Election Commission of India (ECI) was established under

Article 324 of the Indian Constitution to administer and supervise all
aspects of elections. The primary objective was to ensure free and fair
elections.
• 1951-52: The first general elections were conducted, marking the
implementation of universal adult suffrage without discrimination based
on caste, religion, or gender.
• 1969: Model code of conduct was implemented
1970s-1980s: Reforms for Transparency and Integrity
• 1975: The period of Emergency in India led to significant concerns about
the independence and fairness of the electoral process.
• 1982: The township of Paravur in Kerala saw the use of EVMs in the by-
elections. However, the Supreme Court declared the election invalid
following the absence of a law prescribing EVM.
• 1988: The Election Commission was made a multi-member body to ensure
decisions were more balanced, and comprehensive.
• This period also saw the introduction of the Anti-Defection Law (Tenth
Schedule of the Constitution) to prevent political defections motivated by
the lure of office or other similar considerations.
• 61st Constitutional Amendment Act lowered the voting age from 21 to 18
years.
1990s: Technological Integration and Voter Inclusion
• 1993: Voter ID cards were introduced to curb electoral fraud and verify
voter identity.
• 1998: Electronic Voting Machines (EVMs) were first used on an
experimental basis to improve the accuracy of vote counting and reduce
the instances of ballot box stuffing and booth capturing.
2000s: Strengthening Frameworks and Expanding Outreach
• 2000: The Representation of the People (Amendment) Act, 2000, was
introduced, allowing Non-Resident Indians (NRIs) to vote in their place of
residence.
• 2004: The introduction of the “None of the Above” (NOTA) option on
EVMs provided voters the choice to reject all candidates if they were not
satisfied with the options available.
2010s: Recent Developments
• 2010: Voting rights to Indian citizens living abroad.
• 2013: The Supreme Court of India directed that the use of NOTA should
be implemented in all voting machines and ballots.
• 2016: The ECI introduced the Voter Verifiable Paper Audit Trail
(VVPAT) system with EVMs to provide a physical verification system for
votes cast electronically, enhancing transparency in the electoral process.
• 2017: Electoral bonds were introduced.
• 2018: The ‘Suvidha’ portal was launched, providing a single-window
system for candidates and political parties to submit pre-certification and
applications for various electoral services.
2020 and Beyond
• Efforts to link Aadhaar with voter IDs to clean up electoral rolls and
prevent voter fraud were proposed.
• Additionally, the ECI has been exploring options to facilitate remote voting
for domestic migrants and increased digitization for more efficient
electoral management.
• Right to Reject: The introduction of the ‘None of the Above’ (NOTA) option
on EVMs was a step towards giving voters the right to reject all candidates
if they are not satisfied with them. However, its impact remains limited as
elections are still decided by the highest vote-getters, regardless of NOTA
votes.
• Dealing with Fake News: With the rise of social media, the spread of
misinformation and fake news during election times has become a serious
concern. Strengthening regulations and collaboration with tech
companies to monitor and manage content during elections is critical.
• 2024: Home voting for people with disabilities and people above the age
of 85 years.

Electoral Committees
India has seen the formation of various committees and commissions over
the years to review and recommend improvements in the electoral
process.
These bodies have played a crucial role in evolving and refining electoral
laws and practices.
Dinesh Goswami Committee (1990)
• Formed under the chairmanship of former Law Minister Dinesh Goswami,
this committee made comprehensive recommendations on electoral
reforms.
• Key suggestions included limiting the size of election expenses, banning
the use of government resources in campaigns, introducing voter IDs, and
more transparent funding of political parties.
Tarkunde Committee (1975)
• Also known as the Citizens’ Commission on Elections, this committee was
led by Justice V. M. Tarkunde.
• It made pioneering recommendations, including the introduction of
proportional representation and state funding of elections.
Indrajit Gupta Committee (1998)
• Chaired by former Home Minister Indrajit Gupta, this committee strongly
advocated for state funding of elections to ensure a level playing field for
all candidates and to combat the influence of wealthy donors and black
money in politics.
Second Administrative Reforms Commission (2008)
• This commission, chaired by Veerappa Moily, also touched upon electoral
reforms in its recommendations.
• It emphasized the need for greater transparency in campaign financing
and suggested measures to strengthen the Election Commission.
Vohra Committee (1993)
• Although not directly related to electoral reforms, the Vohra Committee
Report dealt with the criminalization of politics and its nexus with
organized crime, which indirectly influences electoral integrity.
Justice Jeevan Reddy Committee (2002)
• This committee was tasked with reviewing the workings of the electoral
trust scheme, which was a significant aspect of political funding reforms.
Law Commission Reports
• The Law Commission of India, through its 170th Report (1999) and 255th
Report (2015), made extensive recommendations on electoral reforms.
• These reports addressed issues such as the appointment of election
commissioners, the decriminalisation of politics, regulation of political
parties, and electoral finance reforms.
Election Commission Proposals and Internal Committees
• Over the years, the Election Commission itself has proposed numerous
changes to improve the electoral process, based on internal reviews and
the work of various advisory committees.
• These include reforms in electoral rolls, polling procedures, EVM
(Electronic Voting Machine) management, and more recently, the linking
of Aadhaar with voter IDs to clean up electoral rolls.
Conclusion
Throughout its history, electoral reforms in India have aimed to enhance
democratic governance by making the electoral process more inclusive,
transparent, and technologically advanced.
The ECI continues to adapt and innovate to meet the challenges of
conducting elections in such a vast and diverse nation.