INDIAN CONSTITUTION–এর বইটি Toppers Group WBCS –এর পক্ষ

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গুরুত্বপূন্।গ এই বইটিকত শুধুমাত্র INDIAN CONSTITUTION–এর উপরই থবলী েকর
গুরুত্ব থেওয়া হকয়কছ। আলােটর পরীক্ষায় বকে বহু প্রকের উত্তর ছাত্রছাত্রীরা হুবহু
Common পাকব।
ইটত –
Toppers Group
(Dedicated to Excellence)

1
SL. NO. TOPIC NAMES PAGE NO.
1. BASIC OF INDIAN CONSTITUTION 3-5
2. HISTORICAL BACKGROUD OF INDIAN CONSTITUTION 6-13
3. MAKING OF CONSTITUTION 14-19
4. FEATURES OF INDIAN CONSTITUTION 20-25
5. PARTS AND SCHEDULES OF INDIAN CONSTITUTION 26-30
6. PREAMBLE OF THE CONSTITUTION 31 - 37
7. UNION AND TERRITORIES 38-43
8. CITIZENSHIP 44-49
9. FUNDAMENTAL RIGHTs 50-56
10. DIRECTIVE PRINCIPAL OF STATE POLICY (DPSPs) 57-60
11. FUNDAMENTAL DUTY 61-62
12. PRESIDENT OF INDIA 63-72
13. VICE PRESIDENT OF INDIA 73-75
14. PRIME MINISTER & COUNCIL OF MINISTER 76-82
15. PARLIAMENT 83-102
16. SUPREME COURT OF INDIA 103-115
17. COMPTROLLER & AUDITOR GENERAL OF INDIA 116-118
18. ATTORNEY & ADVOCATE GENERAL 119-120
19. THE GOVERNOR 121-126
20. CHIEF MINISTER AND COUNCIL OF MINISTER 127-131
21. STATE LEGISLATURE 132-137
22. HIGH COURT 138-142
23. THE PANCHAYATI RAJ SYSTEM 143-146
24. MUNICIPALITY 147-151
25. CENTRAL STATE RELATION 152-166
26. EMERGENCY PROVISION 167 - 176
25. ADVOCATE GENERAL 177-179
26. THE SC ST OBC & ANGLO INDIANS 180-183
27. ELECTION COMMISSION 184-189
28. PUBLIC SERVICE COIMMISSION : UNION AND STATE 190-199
29. NITI AYOG 200-202
30. OFFICIAL LANGUAGE 203-204
31. CONSTITUTIONAL AMENDMENTS 205-229
32. CENTRAL BUREAU OF INVESTIGATION 230-232
33. NATIONAL INVESTIGATION AGENCY 233-235
34. LOKPAL AND LOKAYUKTA 236-240
35. WBCS PRELIMS PREVIOUS YEAR 241-266
36 ARTICLE OF INDIAN CONSTITUTION 267-290

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 WBCS EXECUTIVE EXAMINATION
BASIC OF INDIAN CONSTITUTION

What is Constitution?
The basic principles and laws of nation ,State , or social group that
determine the power and duties of the Government and Guarantee
Certain rights to the people in it.

Some Basic Information

about Indian Constitution

Constitution

Written Unwritten

Example- India ,USA, Australia , Example-Britain, Canada,

Pakistan Etc. Israel, Saudi Arab etc.

Written Constitution refers to the constitution the laws of which are

properly enacted and duly framed and stated in a single book. On the
contrary, unwritten constitution is a system which is not incorporated in a
series of documents as a book, as well as the laws is not formally enacted
on a specific date.

3
 Constitution (On the basis of Amenability)

Flexible
Example- British Rigid
Example- USA

Note: Indian Constitution Partly rigid and Partly Flexible

What is the meaning of partly rigid and partly flexible?

(i) Certain provisions of the constitution can be amended by a simple
majority in Parliament. (Flexible) (ii) Certain provisions can be amended
by a two-third majority in Parliament and ratified by at least fifty percent
of the states. (Rigid)

 A flexible constitution is one which can be amended easily. Indian

constitution is more flexible than rigid. For example, most of its
provisions can be amended by 2/3 majority in the parliament.
 Indian Constitution Also called ---i) organic documents
ii) Living documents

How Constitution Work?

Government The People

Legislative
Judiciary
Executive

Features of Indian Constitution

 Independent and Integrated Judicial System. ...
4
 Directive Principles. ...
 Rigid and Flexible
 Lengthiest constitution. ...
 Drawn from Different Sources. ...
 Parliamentary Sovereignty and Judicial Supremacy.
 Federal System and Unitary Features. ...
 Parliamentary Form of Government. ...

Dr. B R Ambedkar
The chief architect of our constitution,
Dr. B R Ambedkar has also been the flag bearer of Dalit activism in India,
giving a voice to the unheard masses
of the nation. While we celebrate his
birth anniversary on April 14 this year,
here are a few lesser-known facts
about Dr. B R Ambedkar.

History
1600: East India Company got
trading license from British Crown

Monopoly to EIC Crown

Shocked
1764 Battle of Buxar-As a result EIC and finally
got Dewani Rights of Bengal, Bihar, thought for
Orisha regulation
of Company
EIC demand 1 million Pound from
British crown

5
 WBCS EXECUTIVE EXAMINATION

Historical Background of Indian Constitution

Historical Evolution of the Indian Constitution

There are various layers in the background of the Indian Constitution:

 Regulating Act 1773

 Pitt’s India Act 1784
 Charter Act of 1813
 Charter Act of 1833
 Charter Act of 1853
 Government of India Act 1858
 Indian Councils Act 1861
 India Councils Act 1892
 Morley-Minto Reforms 1909
 Montague-Chelmsford Reforms 1919
 Government of India Act 1935
 Indian Independence Act 1947

 Regulating Act 1773

a) Monopoly of East India company was started
b) Supreme Court was established at Calcutta as the Apex Court in
1774
c) Centralised the administration with the Presidencies of Madras and
Bombay being made subordinate to the Bengal Presidency
d) Prohibited company officials from engaging in private trade and
from accepting gifts from Indians.
e) An Executive Council of the Governor-General was created with 4
members.
f) First time the British Parliament resorted to regulating the affairs of
the East India Company.
g) The Governor of Bengal was made the Governor-General of Bengal
(Warren Hastings was the first governor of Bengal).

6
Important Fact
1. Supreme of Calcutta Established (1774) CJ-Lord Impay assisted by other
3 judges
2. Governor of Bengal became Governor General of Bengal (Warren
Hestings)

 Pitt’s India Act 1784

a) The company territories in India were called ‘British possession in
India.
b) Governor’s Councils were set up in Madras and Bombay as well.

ACT OF SETTLEMENT
1781

Significance Provision

Separation of Power Sc will not regulate EIC now.

EIC is only answerable to
Governor General

c) Commercial and political functions of the company separated. The

Court of Directors managed the commercial activities while the Board
of Control managed political affairs.

 CHARTER ACT 1793

The features of this Act were as follows:
1. It extended the overriding power given to Lord Cornwallis over hiscouncil,
to all future Governor-Generals and Governors ofPresidencies.

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2. It gave the Governor-General more powers and control over the
governments of the subordinate Presidencies of Bombay and Madras.
3. It extended the trade monopoly of the Company in India for another
period of twenty years.
4. It provided that the Commander-in-Chief was not to be a member of
the Governor-General’s council, unless he was so appointed.
5. It laid down that the members of the Board of Control and their staff
were, henceforth, to be paid out of the Indian revenues.

 Charter act 1813

a) It allowed the Christian missionaries to come to India for the purpose
of enlightening the people.
b) Company First time proposed rupees 100000 to be invest in India for
the promotion of western Education.

 Charter Act 1833

History-
 Britishers want to Colonise us
 ( COLONY MEANS- Legal and political Control
 They started the Centralize all the provinces under one authority so
that no one could leave.
 Governor-General of Bengal was designated the Governor-General of
India (Lord William Bentinck).
 The legislative powers of the Bombay and Madras Presidencies were
removed.
 This act ended the commercial activities of the company and it was
transformed into an administrative body.
 It create a new Post that is Governor General India Lord William
Bentinck
 Governor General got complete control over civil and military affairs
 Law commission was constituted
 Law member added as a member of Governor general of Council

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  EIC has to end its commercial activities. It merely became an
administrative body.
 Tried but failed to Introduce open Competition for civil servant

 Charter act 1853

1. Open Civil Service Exam
2. Power of EIC finished
3. COD reduced from 24 to 18
4. Extended the Company rule for
indefinite Period Fact-Mecaulay
5. A separate 6 member legislative Committee was
council was formed (Indian Central appointed in1854
legislative council) MINI
PARLIAMENT
6. Non official local representation
was allowed
7. Appointed by the local provinces of
Madras, Bombay, Bengal , Agra

 Government of India Act 1858

 After the 1857 revolt, the rule of the company was ended and the
British possessions in India came directly under the British Crown.
 The office of the Secretary of State for India was created. He was
assisted by a 15-member Council of India.
 The Indian administration was under his authority and the Viceroy was
his agent. The Governor-General was designated the Viceroy as well
(Lord Canning).
 The Court of Directors and the Board of Control were abolished .

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 Indian Council Act -1861, 1892

Indian Council Act

Indians in Legislature Develop Legislative

council

 Indian Council Act 1861

a) Legislative power to Bombay and Madras was restored
(Decentralization again Start)
b) Now Viceroy can appoint Indian as non-official member of council
c) New legislative Council were established at Bengal, NWFP And in
Punjab
d) Viceroy can issue Ordinance during emergency
e) Lord canning nominated 3 Indian to his legislative council
f) Portfolio system was start

 Indian Councils Act 1892

a) Earlier nomination by only viceroy but now nomination by trade union
, universities , Chamber of commerce
b) Earlier 6 members in legislative council now 16 members
c) Indians can discuss Budget with executive
d) Viceroy Can appoint members for central legislative council and
Governors can appoint members for provincial legislative Council.

 Indian Councils Act 1909 (Morley-Minto Reforms)

a) Direct elections to the legislative councils were introduced for the first
time.

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b) Central Legislative Council became the Imperial Legislative Council.
c) The number of members of the legislative council was increased from
16 to 60.
d) The concept of the separate communal electorate was accepted.
e) For the first time, an Indian was made a member of the Viceroy’s
Executive Council. (Satyendra Prasad Sinha – Law Member).

 Government of India Act 1919 (Montague-Chelmsford

Reforms)
 It mandated 3 members of the Viceroy’s executive council to be
Indians.
 Diarchy was introduced in the provincial governments with executive
councillors being in charge of the reserved list and the ministers in
charge of the transferred list of subjects.
 Central and provincial subjects were separated.
 The ministers were nominated from among the elected members of
the legislative council and were responsible to the legislature.
 A bicameral legislature was introduced for the first time at the centre.
(Legislative council and legislative assembly later to become Rajya
Sabha and Lok Sabha respectively).
 This act provided for the first time, the establishment of a public
service commission in India.

11
Simon Commission:

SIMON COMMISSION (1927)

COMMISSION RECOMENDATION REASON FOR BOYCOTT

1. Abolition of Dyarchy 1. All members were British

1. Statutory Commission . 2. Continuation of in Commission
2. 7 member commission. Communal Electorate
3. Constituted to report the 3. Establishment of
impact of New Constitution federation of British
on India India and Provinces
4. Responsible
4. Chairman – Sir john simon
Government in
5. Submission of Report 1930 Provinces

 Government of India Act 1935

 Burma and Aden were severed off from India.
 This act provided for the establishment of the RBI.
 A federal court was established and the Indian Council abolished.
 This Act continued until it was replaced by the new Indian Constitution.
 An all-India Federation was proposed which would consist of British
India and the princely states. This never materialised though.
 Subjects were divided between the centre and the provinces. Centre
was in charge of the Federal List, provinces in charge of the Provincial
List and there was a Concurrent List which both catered to.
 Diarchy was abolished at the provincial level and introduced at the
centre.
 More autonomy was accorded to the provinces and in 6 out of 11
provinces, the bicameral legislature was introduced.

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 Indian Independence Act 1947

Indian Independence Act

1947

FEATURES FACTS

I. Provision for Partition 1. Lord Mountbatten

of India became the First
II. British Dropped its Title Governor General of
EMPORER OF INDIA
Dominion of India
III. Abolished office of
Viceroy and Secretary 2. J.L Neheru became the
of State First Pm of India
IV. Governor general as
given power to assent
or Veto the Bill
V. Ended British rule in
India and India became
a Dominion State
VI. Discontinued the
Appointment of Civil
Service in India
VII. Given Freedom to
princely states to Either
join or remain
Independent

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 WBCS EXECUTIVE EXAMINATION
MAKING OF CONSTITUTION

 1946 Clement Atlee became the PM of Britain. He sent the Cabinet

mission
a) Sir Pathik lawrence ( chairman )
b) Stafford Cripps
c) Alexender
****** According to it we formed the Constituent Assembly

 In 1922 Informally M.K Gandhi asked for a particular group for Indians
to make law

 In 1934 idea Of constituent assembly first proposed by M.N Roy.

 1935 Indian national congress officially demand for Constituent
Assembly
 1940 first time accepted in August Offer , but we refused August Offer
because they use the Term “ Mainly Indians”
 Cripps Mission In 1942 by Stafford Cripps Mahatma Gandhi termed it
as a postdated cheque.

Elected 296 93 nominated from

princely state

292 from British

India
Note – women seat were
also present (total 15)
4 were chief
commissioner state

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Composition of constituent assembly
a) Total strength 389 (296+93)
b) Seats were allotted in the proportion to population
c) Election were conducted by proportional representation by means of
single transferable vote
d) Representative of princely state were nominated by Head of the state

Muslims 15 seat
got 73 were
seats After Election Independ
ent

93 INC got 208

princely seats
state

a) First meeting – 9dec 1946

b) Only 211 member were present
c) 9 women were present

Churchil said this meeting as – “a marriage whose bride is missing”

Dr. Sachida Nanda sinha as temporary president of the assembly

15
2nd meeting – 11 Dec 1946
 Dr. Rajendra prasad president of assembly ( Permanent president)
 Both HC Mukharjee and V.T Krishnamchari were vice president
 Constitutional advisor – B.N Rau( full name Bengal Narsing Rau)
 13 Dec. 1946 objective Resolution J. L Neheru
 But adopted in 22 Jan 1947
 Total sessions 12 (11+1)
 Last session – 24 Jan 1950
 284 member finally signed
 ( present were 299 member but some people not signed)
 First signature – J.L Neheru
 Last Sign – Dr. Rajendra Prasad
 First E Elected president Rajendra Prasad
 Total Time – 2 years 11 month 18 days
 64 lakh expenditure
 Concept borrowed from 60 nation
 Constituent was adopted on 26 November 1949( only 16 article
adopted),
 contained – preamble, 395 article , 8 schedule , 22 parts
 1935 GOI act , later repealed by article 395
 26 Jan – constitution day
 26 Jan 1930 – India first declared Swaraj ( independent) in Lahore
session

16
 Dr. B.R Ambedkar and Drafting Committee

 Ambedkar Loose seat from Mumbai

 After that with the help of Muslim
league he won the seat from Bengal
(But that part gone in East Pakistan )
 Then B.G Kher, P.M of Mumbai Vacated
the seat of M. Jaykar

th
 Committee was set up on 29 August
1947
 First draft published in October 1948
 8 month time to discuss
nd
 2 draft published in October 1948

Draft of Indian Constitution was prepared by Benegal Narahari Rau (B.N

Rau)
He also helps to constitute Baurma’s constitution.
He was the first Indian to serve as a judge in international court of justice

 MEMBERS OF DRAFTING COMMITTEE

 DR. B. R AMBEDKAR
 N. GOPALASWAMI AYYANGAR
 ALLADI KRISHNASWAMI AYYAR
 DR. K.M MUNSI
 SYED MOHAMMAD SADULLAH
 N. MADHAV RAU( REPLACED BY B.L MITRA WHO RESIGNED DUE TO ILL
HEALTH)
 T.T KRISHNAMACHARI ( REPLACED D.P KHAITAN WHO DIED IN 1948)

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 Major Committees of the Indian Constituent Chairmen
Assembly
Ad hoc Committee on the National flag Rajendra Prasad
Advisory Committee on Fundamental Rights, Vallabhbhai Patel
Committee on the Functions of the Constituent G.V. Mavalankar
Assembly
Committee on Minorities and Tribal and Excluded Vallabhbhai Patel
Areas
Committee on the Rules of Procedure Rajendra Prasad
Special Committee to Examine the Draft Constitution Alladi
Krishnaswami
Ayyar
Provincial Constitution Committee Vallabhbhai Patel
Drafting Committee B.R. Ambedkar
Excluded and Partially Excluded Areas Sub- A.V. Thakkar
Committee
Finance and Staff Committee Rajendra Prasad
Fundamental Rights Sub-Committee J.B. Kripalani
House Committee B. Pattabhi
Sitaramayya
Minorities Sub-Committee H.C. Mukherjee
North-East Frontier Tribal Areas and Assam, Gopinath Bardoloi
Excluded and Partially Excluded Areas Sub-
Committee
Order of Business Committee K.M. Munshi
States Committee Jawaharlal Nehru
Steering Committee Rajendra Prasad
Union Constitution Committee Jawaharlal Nehru
Union Powers Committee Jawaharlal Nehru

CRITICISM OF CONTITUENT ASSEMBLY

-
I. NOT A RERESENTATIVE BODY : AS MEMBERS WERE NOT DIRECTLY
ELECTED BY THE PEOPLE ON THE BASIS OF ADULT FRANCHISE
18
 II. NOT A SOVEREIGN BODY: AS IT WAS CREATED BY THE PROPOSAL OF
BRITISH GOVT.
III. DOMINATED BY CONGRESS G. AUSTIN CALLED IT ONE PARTY BODY
IV. L.V SIMON CALLED A BODY OF HINDUS

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 WBCS EXECUTIVE EXAMINATION
FEATURES OF INDIAN CONSTITUTION

Borrowed Features of Indian Constitution

 Legislative procedure
UK  Single Citizenship
 Parliamentary privileges
 Bicameralism
 Parliamentary government
 Rule of Law
 Legislative procedure
 Single Citizenship
 Impeachment of the president
US  Removal of Supreme Court and High Court judges
 Post of vice-president
 Independence of judiciary
 Judicial review
 Fundamental rights
 Fundamental duties
USSR  Ideals of justice (social, economic and political) in
the Preamble
 Federation with a strong Centre
Canada  Vesting of residuary powers in the Centre
 Appointment of state governors by the Centre
 Advisory jurisdiction of the Supreme Court
 Concurrent list
Australia  Freedom of trade, commerce and intercourse
 Joint-sitting of the two Houses of Parliament

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  Directive Principles of State Policy
Ireland  Nomination of members to Rajya Sabha
 Method of election of the president

 Procedure Established by law

JAPAN
 Republic
France  Ideals of liberty, equality and fraternity in the
Preamble

South Africa  Procedure for amendment in the Indian

Constitution
 Election of members of Rajya Sabha
Germany  Suspension of Fundamental Rights during
emergency

MAIN FEATURES OF INDIAN CONSTITUTIONS

Federal System with Unitary Bias
 The Constitution of India establishes a federal system of government.

 It contains all the usual features of a federation, such as two

governments, division of powers, written constitution, the supremacy
of the constitution, the rigidity of the Constitution, independent
judiciary and bicameralism.
 Moreover, the term ‘Federation’ has nowhere been used in the
Constitution.
 Article 1, describes India as a ‘Union of States’ which implies two
things:
 Indian Federation is not the result of an agreement by the states.
 No state has the right to secede from the federation.

21
 Hence, the Indian Constitution has been variously described as
‘federal in form but unitary in spirit’, ‘quasi-federal’ by K C Wheare.

Parliamentary Form of Government

 The Constitution of India has opted for the British Parliamentary

System of Government rather than the American Presidential system
of government.
 The parliamentary system is also known as the ‘Westminster’ model of
government, responsible government and cabinet government.
 In a parliamentary system, the role of the Prime Minister has become
so significant, and therefore it is called a ‘Prime Ministerial
Government’.

Synthesis of Parliamentary Sovereignty and Judicial

Supremacy

 The doctrine of the sovereignty of Parliament is associated with the

British Parliament while the principle of judicial supremacy with that of
the American Supreme Court.
 Just as the Indian parliamentary system differs from the British
system, the scope of judicial review power of the Supreme court in
India is narrower than that of what exists in the US.
 This is because the American Constitution provides for ‘due process of
law’ against that of ‘procedure established by law’ contained in the
Indian Constitution (Article 21).

22
Single Citizenship
 In India, there is only single citizenship.
 It means that every Indian is a citizen of India, irrespective of the place
of his/her residence or place of birth.
 Single citizenship has undoubtedly forged a sense of unity among the
people of India.

Universal Adult Franchise

 Indian democracy functions on the basis of ‘one person one vote’.
 Every citizen of India who is 18 years of age or above is entitled to vote
in the elections irrespective of caste, sex, race, religion or status.

Three-tier Government
 73rd and 74th Constitutional Amendment Acts (1992) have added a
third-tier of government (that is, Local Government), which is not
found in any other Constitution of the world.
 The 73rd Amendment Act of 1992 gave constitutional recognition to
the panchayats (rural local governments) by adding a new Part IX and a
new schedule 11 to the Constitution.
 Similarly, the 74th Amendment Act of 1992 gave constitutional
recognition to the municipalities (urban local government) by adding a
new Part IX-A and a new schedule 12 to the Constitution.

Emergency Provisions
 The Constitution makers also foresaw that there could be situations
when the government could not be run as in ordinary times.
 To cope with such situations, the Constitution elaborates on
emergency provisions.
 There are three types of emergency
 Emergency caused by war, external aggression or armed
rebellion [Aricle 352]

23
  Emergency arising out of the failure of constitutional
machinery in states [Article 356]
 Financial emergency [Article 360].

Indian Secularism
 The Constitution of India stands for a secular state.
 Hence, it does not uphold any particular religion as the official religion
of the Indian State.

Drawn from Various Sources

 The Constitution of India has borrowed most of its provisions from the
constitutions of various other countries as well as from the
Government of India Act of 1935 [About 250 provisions of the 1935 Act
have been included in the Constitution].
 Dr B R Ambedkar proudly acclaimed that the Constitution of India has
been framed after ‘ransacking all the known Constitutions of the
world’.
 The structural part of the Constitution is, to a large extent, derived
from the Government of India Act of 1935.
 The philosophical part of the Constitution (Fundamental Rights and
the Directive Principles of State Policy) derives their inspiration from
the American and Irish Constitutions respectively.
 The political part of the Constitution (the principle of Cabinet
government and the relations between the executive and the
legislature) has been largely drawn from the British Constitution.

24
Lengthiest Written Constitution

 Constitutions are classified into written, like the American

Constitution, or unwritten, like the British Constitution.
 The Constitution of India has the distinction of being the
lengthiest and detailed Constitutional document the world has so
far produced. In other words, the Constitution of India is the
lengthiest of all the written constitutions of the world.
 It is a very comprehensive, elaborate and detailed document.

Philosophy of Constitution

 On January 22, 1947, the Constituent Assembly adopted the Objectives

Resolution drafted by Jawaharlal Nehru. The Objectives Resolution
contained the fundamental propositions of the Constitution and set
forth the political ideas that should guide its deliberations.
The main principles of the resolution were:

 that India is to be an independent, sovereign republic ;

 that it is to be a democratic union with an equal level of self-
government in all the constituent parts;
 that all power and the authority of the Union Government and
governments of the constituent parts are derived from the people;
 that the constitution must strive to obtain and guarantee to the people
justice-based upon social, economic and political equality, of
opportunity and equality before the law;
 that there should be freedom of thought, expression, belief, faith,
worship, vocation, association and action;
 that the constitution must provide just rights for minorities, and
people from backward and tribal areas, etc. so that they can be equal
participants of social, economic and political justice; and
 to frame a constitution that should secure for India, a due place in the
community of nation

25
 WBCS EXECUTIVE EXAMINATION

Parts & Schedules of the Indian Constitution

The Parts of the Indian Constitution are given below:-

Parts Subject Matter Articles
I The Union and its territory 1 to 4
II Citizenship 5 to 11
III Fundamental Rights 12 to 35
IV Directive Principles of State Policy 36 to 51
IV-A Fundamental Duties 51-A
V The Union Government 52 to 151
Chapter I - The Executive 52 to 78
Chapter II - Parliament 79 to 122
Chapter III - Legislative Powers of President 123
Chapter IV - The Union Judiciary 124 to 147
Chapter V - Comptroller and Auditor-General of 148 to 151
India
VI The State Governments 152 to 237
Chapter I - General 152
Chapter II - The Executive 153 to 167
Chapter III - The State Legislature 168 to 212
Chapter IV - Legislative Powers of Governor 213
Chapter V - The High Courts 214 to 232
Chapter VI - Subordinate Courts 233 to 237
VIII The Union Territories 239 to 242
IX The Panchayats 243 to 243-O
IX-A The Municipalities 243-P to 243-
ZG
IX-B The Co-operative Societies 243-ZH to
243-ZT

26
X The Scheduled and Tribal Areas 244 to 244-A
XI Relations between the Union and the States 245 to 263
Chapter I - Legislative Relations 245 to 255
Chapter II - Administrative Relations 256 to 263
XII Finance, Property, Contracts and Suits 264 to 300-A
Chapter I - Finance 264 to 291
Chapter II - Borrowing 292 to 293
Chapter III - Property, Contracts, Rights, 294 to 300
Liabilities, Obligations and Suits
Chapter IV - Right to Property 300-A
XIII Trade, Commerce and Intercourse within the 301 to 307
Territory of India
XIV Services under the Union and the States 308 to 323
Chapter I - Services 308 to 314
Chapter II - Public Service Commissions 315 to 323
XIV- Tribunals 323-A to 323-
A B
XV Elections 324 to 329-A
XVI Special Provisions relating to Certain Classes 330 to 342
XVII Official Languages 343 to 351
Chapter I - Language of the Union 343 to 344
Chapter II - Regional Languages 345 to 347
Chapter III-Language of the Supreme Court, High 348 to 349
Courts, and so on
Chapter IV-Special Directives 350 to 351
XVIII Emergency Provisions 352 to 360
XIX Miscellaneous 361 to 367
XX Amendment of the Constitution 368
XXI Temporary, Transitional and Special Provisions 369 to 392
XXII Short title, Commencement, Authoritative Text in Hindi 393 to 395
and Repeals

27
List of Schedules of Indian Constitution
Schedules in Indian Constitution

Schedules Features of Schedules

First Schedule of It contains the name of States and Union Territories

Indian Constitution
Territorial Jurisdiction of states is also included
Second Schedule The provisions in relation to allowances, privileges,
of Indian emoluments of:
Constitution
 President of India
 Governors of Indian States
 Speaker of Lok Sabha & Deputy Speaker of
Lok Sabha
 Chairman of Rajya Sabha & Deputy Chairman
of Rajya Sabha
 Speaker and Deputy Speaker of Legislative
Assemblies of Indian States
 Chairman and Deputy Chairman of Legislative
Councils of the Indian States
 Supreme Court Judges
 High Court Judges
 Comptroller & Auditor General of India (CAG)
Third Schedule It contains the forms of oath and affirmation for:

 Union Ministers of India

 Parliament Election Candidates
 Members of Parliament (MPs)
 Supreme Court Judges
 Comptroller and Auditor General
 State Ministers
 State Legislature Elections’ Candidates
 State Legislature Members

28
  High Court Judges
Fourth Schedule It contains the provisions in relation to the allocation of
seats for States and Union Territories in the Rajya
Sabha
Fifth Schedule It contains provisions in relation to the administration
and control of scheduled areas and scheduled tribes
Sixth Schedule It contains provisions in relation to the administration
of tribal areas in the states of Assam, Meghalaya,
Tripura and Mizoram
Seventh Schedule This schedule deals with the three legislative lists:

 Union
 State
 Concurrent
Eighth Schedule It deals with the 22 official languages recognized by
the Constitution of India


Ninth Schedule It deals with the state acts and regulations of that deal
with land reforms and
abolition of the zamindari system. It also deals with the
acts and regulations of the Parliament dealing with
other matters.
Note:
1st Amendment Act 1951 added the Ninth Schedule to
protect the laws included in it from judicial scrutiny on
the ground of violation of fundamental rights.

Tenth Schedule It contains provisions relating to disqualification of the

members of Parliament and State Legislatures on the
ground of
defection.
Note:
This schedule was added by the 52nd Amendment Act
of 1985, also known as Anti-defection Law
Eleventh Schedule It contains the provisions that specify the powers,
authority and responsibilities of Panchayats. It has 29
matters.

29
 Note:
This schedule was added
by the 73rd Amendment Act of 1992
Twelfth Schedule It deals with the provisions that specify the powers,
authority and responsibilities of Municipalities. It has
18 matters.
Note:
This schedule was added
by the 74th Amendment Act of 1992

30
 WBCS EXECUTIVE EXAMINATION
PREAMBLE OF THE CONSTITUTION
 The preamble to the Constitution of India is a brief introductory
statement that sets out the guiding purpose, principles and philosophy
of the constitution.
 The American Constitution was the first to begin with a Preamble.
 The term ‘ Preamble’ refers to the introduction or preface to the
Constitution.
 In 1946, Objective Resolution was moved by Jawaharlal Nehru,
describing the constitutional structure. In 1947 (22nd January) it was
adopted. It shaped the Constitution of India and its modified version is
reflected in the Preamble of the Indian Constitution.
 It has been amended by the 42nd Constitutional Amendment Act ( 1976
), which added three new words – Socialist, Secular & Integrity.
 The preamble basically gives idea of the following things/objects :
Source of the Constitution
 Nature of Indian State
 Statement of its objectives
 Date of its adoption
 It is indicated by the Preamble that the source of authority of the
Constitution lies with the people of India.
 Preamble declares India to be a sovereign, socialist, secular and
democratic republic.
 The objectives stated by the Preamble are to secure justice, liberty,
equality to all citizens and promote fraternity to maintain unity and
integrity of the nation.

Text Of The Preamble :

“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India
into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to
secure to all its citizens:
JUSTICE, social, economic and political;

31
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and
integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November,
1949, DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION”.

Key words in the Preamble :

Certain key words – Soveregn, Socialist, Secular, Democratic, Republic,
Justice, Liberty, Equality and Fraternity – are explained as follows -

1. Sovereign :
 The term means that India has its own independent authority and it is
not a dominion of any other external power.
 In the country, the legislature has the power to make laws which are
subject to certain limitations.
 Sovereignty denotes supreme and ultimate power. It may be real or
normal, legal or political, individual or pluralistic. It has two aspects-
external and internal.
 According to D.D Basu, the word ‘sovereign’ is taken from article 5 of
the constitution of Ireland.

2. Socialist
 The term was added through 42 nd amendment act, 1976.
Socialism means the achievement of socialist ends through democratic
means. India has adopted 'Democratic Socialism'. Democratic Socialism
holds faith in a mixed economy where both private and public sectors co-
exist side by side. It aims to end poverty, ignorance, disease and inequality
of opportunity.

32
 The new Economic policy ( 1991 ) of liberalisation, privatisation and
globalisation has however diluted the socialist credentials of the Indian
State.

3. Secular
 The term was added through 42nd amendment act, 1976.
 However, the Supreme Court said in 1974, although the ‘secular state’
was not expressly mentioned in the constitution, there can be no
doubt that constitution-makers wanted to establish a secular state.
 It separates the power of the state and religion.
 The term secular in the Constitution of India means that all the
religions in India get equal respect, protection and support from the
state.
 Articles 25 to 28 in Part III of the Constitution guarantee Freedom of
Religion as a Fundamental Right.
 All the citizens of India are allowed to profess, practice and propagate.
Explaining the meaning of secularism as adopted by India, Alexander
Owics has written, "Secularism is a part of the basic structure of the
Indian Constitution and it means equal freedom and respect for all
religions."

4. Democratic
 The term Democratic indicates that the Constitution has established a
form of government that gets its authority from the will of the people
expressed in an election.
 The Preamble resolves India to be a democratic country. That means
the supreme power lies with the people.
 Our constitution establishes a democracy based on popular
sovereignty.
 Democracy is of two types – direct and indirect. In direct democracy
the people exercise their supreme power directly as is the case in
Switzerland. There are four devices of direct democracy, namely
Referendum, Initiative, Recall and Plebiscite.

33
 In indirect democracy on the other hand the representatives elected
by the people exercise the supreme power and thus carry on the
government and make the laws.
 This type of democracy also known as representative democracy, is of
two kinds – Parliamentary and presidential.

5. Republic :
 In a Republic, the head of the state is elected by the people directly or
indirectly.
 In India, the President is the head of the state. The President of India
is elected indirectly by the people; that means, through their
representatives in the Parliament and the State Assemblies. Moreover,
in a republic, political sovereignty is vested in the people rather than a
monarch.
 A republic also means two more things, one vesting of political
sovereignty in the people and not in a single individual like a king,
second the absence of any privileged class and hence all public offices
being opened to every citizen without any discrimination.

6. Justice :
 It was borrowed from USSR constitution.
 The ideal of justice in this case embraces three distinct forms- social,
economical and political, secured through various provisions of the
Fundamental and Directive Principles.
 Social justice in the Preamble means that the Constitution wants to
create a more equitable society based on equal social status.
 Economic justice means equitable distribution of wealth among the
individual members of the society so that wealth is not concentrated in
a few hands.
 Political Justice means that all citizens have equal rights in political
participation. Indian Constitution provides for universal adult suffrage
and equal value for each vote.

7. Liberty :

34
 Liberty implies the absence of restraints or domination on the activities
of an individual such as freedom from slavery, serfdom, imprisonment,
despotism, etc. The Preamble provides for the liberty of thought,
expression, belief, faith, and worship.
 The idea of Liberty refers to the freedom on the activities of Indian
nationals.
 The idea of liberty, equality and fraternity in our Preamble have been
taken from the French Revolution ( 1789-1799).

8. Equality :
 Equality means the absence of privileges or discrimination against any
section of the society.
 The Preamble provides for equality of status and opportunity to all the
people of the country.
 The Constitution strives to provide social, economic and political
equality in the country.
 The Fundamental Rights enjoin the State not to discriminate
between citizen and citizen simply on the basis of caste, race, sex or
religion.
 The following provisions of the Fundamental Rights ensure civic
equality :
a) Equality before law ( Art. 14 )
b) The State shall not discriminate against any citizen on
grounds only of religion, race, caste, sex, place of birth or
any of them ( Art. 15 ).
c) There shall be equality of opportunity for all citizens in
matters relating to employment or appointment to any
office under the State ( Art. 16 )
d) Abolition of untouchability ( Art. 17 )
e) Abolition of all titles except military and academic ( Art. 18 )
 The DPSP ( Art 39 ) secures to men and women equal right to an
adequate means of livelihood and equal pay for equal work.

9. Fraternity :
 Fraternity means the feeling of brotherhood.

35
 The Preamble seeks to promote fraternity among the people assuring
the dignity of the individual and the unity and integrity of the nation.
 Fraternity, said DR. Ambedkar, “is the principle which gives unit and
solidarity to social life”.
In the context of fraternity, it may also be mentioned that India’s
Constitution goes beyond national boundaries, and speaks of the ideal

 of universal brotherhood, an international fraternity with all nations

and peoples coexisting in peace and amity.
 According to K. M. Munshi, member of the Drafting Committee of the
Constituent Assembly, the phrase ‘dignity of the Individual’ signifies
that the constitution not only ensures material betterment and
maintained a democratic set-up but that it also recognises that the
personality of every individual is sacred.

Significance Of The Preamble :

 The preamble being part of the Constitution is discussed several times
in the Supreme Court. It can be understood by reading the following
two cases.
 Berubari Case: It was used as a reference under Article 143(1) of the
Constitution which was on the implementation of the Indo-Pakistan
Agreement related to the Berubari Union and in exchanging the
enclaves which were decided for consideration by the bench consisting
of eight judges.
 Through Berubari Case the Court stated that ‘Preamble is the key to
open the mind of the makers’ but it can not be considered as part of
the Constitution. Therefore it is not enforceable in a court of law.
 Kesavananda Bharati Case: In this case, for the first time, a bench of
13 judges was assembled to hear a writ petition. The Court held that:
 The Preamble of the Constitution will now be considered as part of
the Constitution.
 The Preamble is not the supreme power or source of any restriction or
prohibition but it plays an important role in the interpretation of
statutes and provisions of the Constitution

36
 So, it can be concluded that preamble is part of the introductory part
of the Constitution.
 In the 1995 case of Union Government Vs LIC of India also, the
Supreme Court has once again held that Preamble is the integral part
of the Constitution but is not directly enforceable in a court of justice
in India.
 According to K. M. Munshi, the Preamble is the ‘ horoscope of our
sovereign democratic republic’.
 Pandit Thakur Das Bhargava who was also a member of the
Constituent Assembly said ‘The Preamble is the most precious part of
the Constitution. It is the Soul of the Constitution. It is the key to the
Constitution. It is a jewel set in the Constitution. It is a proper yardstick
with which one can measure the worth of the constitution’.
 Ernest Barker said that the preamble of Indian Constitution is "the key
note of the constitution".
 M. Hidayatullah - ‘Preamble resembles the Declaration of
Independence of the United States of America, but is more than a
declaration. It is the soul of our Constitution, which lays down the
pattern of our political society. It contains a solemn resolve, which
nothing but a revolution can alter.
 Sir Alladi Krishnaswami Iyer - ‘The Preamble to our Constitution
expresses what we had thought or dreamt so long’.

37
 WBCS EXECUTIVE EXAMINATION
UNION AND TERRITORIES

ARTICLE – 1

(1)INDIA i.e. Bharat shall be a union of states

The term union of states means –

 all states came together to form India
 states cannot be separate from India

From the 16th CAA, 1963, it is added that

profession of right to cession will not be covered under freedom of
speech and expression.
We preferred union of states rather federation of states.

Power is divided between center and states (but not true federation, we
are quasi federal).

Article 1 (ii)
States and territories shall be specified in the first schedule.

Article 1 (iii)
Territory of India shall comprise states
Union territory
Acquired territory
Territories that may be acquired by 3 methods

 Conquest
 Purchase
 Treaty

38
ARTICLE - 2
 Establishment and admission of new states.
 Parliament may by law admit or established new states into the union.

Special case of Sikkim Article (2A):

1. Earlier it was under British rule.

2. Then Monarchy under CHOGYAL.
3. King of Sikkim asked to J.L Nehru to be a protectorate state.
4. J.L Nehru agreed for Defense, communication, and security.
5. In 1974 democracy established in Sikkim.
6. Govt. of Sikkim act 1974 passed and they formed legislature.
7. They notice that India is prospering.
8. They asked India Sikkim wants to be part of Economic and political part
of India.
9. Siikim sent 1 representative for Lok Sabha and 1 for Rajya Sabha.
10. India passed 35th CAA, 1974 and added Sikkim as Associated state.
11. Sikkim became associated state but not covered under territory of
India.

FEATURES OF ASSOCIATED STATE

1. Sikkim can send representative in Parliament.

2. Students can attend institution of higher education in India.
3. Representative can join planning commission.
4. They can join Civil service and other govt. job.
5. India will control defense, security and external communication
and social welfare of Sikkim.
39
 In 1975, Sikkim assembly said we want to be a state of India.

 We passed 36 CAA,1975
 Article 2A was repealed
 Sikkim added in 1st schedule
 Sikkim became the 22nd state of India
 Article 371-f Provide special status of Sikkim

Article - 3 (Parliament may by Law)

Form a new state

 By uniting two or more states B

 By uniting any territory to a part of any state
 form a new state by separation of territory form any state
 May reduced the Area of state
 Change name of state
 Change boundary of state

Process under Article-3:

 Presidents send the proposal to state legislature.
 Within time limit as specified, state will give opinion to president.
 This opinion is not binding on the president.
 President recommends to either house of the parliament.
 Bill passed by Simple majority.

Note – President Recommendation is not discretionary power. It must be

according to recommendation of COM.

Article –4
 If Parliament is passing any law under article 2 or 3 then this law shall
automatically amend schedule 1 and 4.

40
 Any such bill passed under article 2 and 3 shall not be an amendment
under article 368.

At the time of Independence India divided :

Part A British province (Governor State)

Part B Princely State
Part C Chief Commissioner Province
Part D Andaman and Nicobar

 7th CAA, 1956, Part A and B are Merged as Indian State.

 Part C abolished.

Related Committees related to state formation

S.K Dhar Committee:
 In June 1948
 Report submitted in- Dec, 1948
 Recommendation – to reorganize the state based on ease of
administration rather linguistic base.

JVP Committee in Dec, 1948:

Report submit in – 1949
Recommendation – rejected linguistic base separation

In Oct, 1953: India was forced to create it first linguistic base state
known as ANDHRA PRADESH by separating Telegu speaking Madras.

FAZAL ALI COMMISSION (Dec, 1953):

 Report submit in - 1955 K.M Pannikar

 3 member body H.N HunZuru
Fazal Ali

41
Accepted language as one of the base but not only Base
Rejected ONE LANGUAGE ONE STATE

4 major Basis of FAZAL ALI STATE reorganization:

 Preservation and strengthening of the unity and security of the
country
 Financial, Economic and administrative consideration
 Linguistic and cultural homogeneity
 Planning and promotion of welfare of the people

 Suggested abolition of 4 fold classification and created 16 states and

three centrally administrated territories. (7th CAA 1956)
 14 state and 6 Union Territory and 6 UT on 1st Nov 1956

Status prior to
State Formation Year
formation
Andhra 1953 Part of the state of
Madras
Gujrat 1960 Part of the state of
Bombay
Maharashtra 1960 Part of the state of
Bombay
Kerala 1956 State of Travancore and
Cochin

Nagaland 1963 Union territory

Haryana 1966 Part of Punjab

42
Karnataka 1956 State of Mysore was
formed in 1953, enlarged
Mysore in 1956 which
was renamed in 1973.

Himachal Pradesh 1971 Union Territory

Manipur, Tripura 1972 Union Territories

Meghalaya 1972 Autonomous state within
state of Assam

Sikkim 1975 Associate state since

1974 and a
protectorate of India
before that.
Mizoram 1987 District of Assam till
1972 and Union
Territory from 1972 to
1987.

Arunachal Pradesh 1987 Union Territory

Goa 1987 Union Territory

Uttarakhand 2000 (4thNov) Part of Uttar Pradesh

Chhattisgarh 2000 ( 1stNov) Part of Madhya

Pradesh
Jharkhand 2000 (15thNov) Part of Bihar
nd
Telangana 2014 ( 2 June) Part of Andhra Pradesh

43
 WBCS EXECUTIVE EXAMINATION
CITIZENSHIP

Citizenship

Part-2 Article-5-11

Concept taken from -UK

 Citizens of India enjoy all Civil and political rights.

 Article – 15,16,19,29,30 only enjoy citizens
 Beside that all citizen have –
 1.right vote in election
 2.right to contest
 3.Eligibility for Constitutional post

 Citizenship amendment act – 1955 ,1960 ,1985 ,1986 ,1992, 2003,

2005, 2015
What is federalism–
1. Dual Government (like India, USA)
2. Distribution of power
3. Supremacy of union power and Constitution
4. Independent Judiciary

What is Quasifederation:
1. Mode of formation (like in USA many states signed in agreement and
formed USA.
2. Residuary power – In USA these are with states but in India with Centre
3. Dual Citizenship.

44
4. Constitution – all states have their own Constitution in In USA while
India NOT.
5. Amendment- In USA Consent of all sates is mandatory
6. Judiciary- Central and State judiciary have different power and laws in
USA.
7. Appointment of Governor – state appoint their own Governor in USA

Dual citizenship – citizen of both union and state

Example-USA, Switzerland
Double citizenship – Citizen of two different countries

Article -5- Domicile of India

Also fulfilled any one of the three Condition
1. Born In India
2. Either of his /her parents born In India
3. Ordinary residence in India 5 years prior to commencement of the COI
Article number -6
Persons migrates from Pakistan
If either of
Ifhiseither
parents/ grandparents
of his parents/ grandparents was born in undivided India and
was born in undevided
following any of the condition
India and following any of
1. If he is migrated before 19thJuly 1948
the condition
Or
th
2. If he is migrated after
1. If he is 19 July 1948 then he / she must be ordinary
resident
migratedfor 6 month
before 19thjulyin India before application of registration
1948
Article 7
 Person migratedorto PAKISTAN but later Returned
Article 7-
 a person who migrated
2. If he is to pakistan after 1st march 1947 but later
Article
returned
migrated 7- to19India
after th
july for resettlement by the permitHe / she can became
1948 then he / she must
Article
be ordinary7-
resident for 6
month in India before 45
application of registration
 Indian Citizen but before registration he must be ordinary resident for
6 month

Article 8

Residing outside in India

A person who was born / parents/ grandfather were born in Undivided
India and now he is ordinary resident outsidein India Then he maybecome
India Citizens by registration if he registers himself as India resident in
local Indian diplomats of his/her country.

Article 9

Article 9 of Indian Constitution prohibits dual citizenship to Indians

voluntarily acquiring citizenship of a foreign state. An Indian applying for
foreign citizenship on any grounds will lose the Indian citizenship by
default.

Article -10
Deemed to be a citizen- continue to be a citizen

Article -11
Empowers parliament to make provisions with respect to acquisition and
termination of citizenship.

Acquisition of Citizenship (5 methods)

1. by Birth
2. by Descent
3. by Naturalization
4. by incorporation of territory
5. by Registration

46
1. By Birth

A person born in India on or after January 26, 1950 but before July 1, 1987
isa citizen of India by birth irrespective of the nationality of his parents.
A person born in India on or after July 1, 1987 is considered as a citizen of
India only if either of his parents is a citizen of India at the time of his
birth.Further, those born in India on or after December 3, 2004 are
consideredcitizens of India only if both of their parents are citizens of India
or one ofwhose parents is a citizen of India and the other is not an illegal
migrant atthe time of their birth.The children of foreign diplomats posted
in India and enemy aliens cannotacquire Indian citizenship by birth.

2. By Descent
A person born outside India on or after January 26, 1950 but
beforeDecember 10, 1992 is a citizen of India by descent, if his father was
a citizenof India at the time of his birth.
A person born outside India on or after December 10, 1992 is
consideredas a citizen of India if either of his parents is a citizen of India at
the time ofhis birth.December 3, 2004 onwards, a person born outside
India shall not be acitizen of India by descent, unless his birth is registered
at an Indianconsulate within one year of the date of birth or with the
permission of theCentral Government, after the expiry of the said period.
An application, forregistration of the birth of a minor child, to an Indian
consulate shall be
accompanied by an undertaking in writing from the parents of such
minorchild that he or she does not hold the passport of another
country.Further, a minor who is a citizen of India by virtue of descent and
is also acitizen of any other country shall cease to be a citizen of India if he
does notrenounce the citizenship or nationality of another country within
six monthsof his attaining full age.

3. By Registration
The Central Government may, on an application, register as a citizen of
Indiaany person (not being an illegal migrant) if he belongs to any of the
followingcategories, namely:-

47
(a) a person of Indian origin who is ordinarily resident in India for seven
years before making an application for registration;
(b) a person of Indian origin who is ordinarily resident in any country or
place outside undivided India;
(c) a person who is married to a citizen of India and is ordinarily resident in
India for seven years before making an application for registration;
(d) minor children of persons who are citizens of India;
(e) a person of full age and capacity whose parents are registered as
citizens of India;
(f) a person of full age and capacity who, or either of his parents, was
earlier citizen of independent India, and is ordinarily resident in India for
twelve months immediately before making an application for
registration;
(g) a person of full age and capacity who has been registered as an
overseas citizen of India cardholder for five years, and who is ordinarily
resident in India for twelve months before making an application for
registration. A person shall be deemed to be of Indian origin if he, or
either of his parents, was born in undivided India or in such other territory
which became part of India after the August 15, 1947.All the above
categories of persons must take an oath of allegiance before they are
registered as citizens of India

4. By Naturalization
The Central Government may, on an application, grant a certificate of
naturalisation to any person (not being an illegal migrant) if he possesses
the following qualifications:
(a) that he is not a subject or citizen of any country where citizens of India
are prevented from becoming subjects or citizens of that country by
naturalisation;
(b) that, if he is a citizen of any country, he undertakes to renounce the
citizenship of that country in the event of his application for Indian
citizenship being accepted;
(c) that he has either resided in India or been in the service of a
Government in India or partly the one and partly the other, throughout

48
the period of twelve months immediately preceding the date of the
application;
(d) that during the fourteen years immediately preceding the said period
of twelve months, he has either resided in India or been in the service of a
Government in India, or partly the one and partly the other, for periods
amounting in the aggregate to not less than eleven years;
(e) that he is of good character;
(f) that he has an adequate knowledge of a language specified in the
Eighth Schedule to the Constitution
(g) that in the event of a certificate of naturalization being granted to him,
he intends to reside in India, or to enter into or continue in, service
under a Government in India or under an international organization of
which India is a member or under a society, company or body of
persons established in India. However, the Government of India may
waive all or any of the above conditions for naturalization in the case of
a person who has rendered distinguished service to the science,
philosophy, art, literature, world peace or human progress. Every
naturalized citizen must take an oath of allegiance to the Constitution of
India.

5.By Incorporation of Territory

If any foreign territory becomes a part of India, the Government of India
specifies the persons who among the people of the territory shall be the
citizens of India. Such persons become the citizens of India from the
notified example, when Pondicherry became a part of India, the
Governmentof India issued the Citizenship (Pondicherry) Order (1962),
under theCitizenship Act (1955).

 Indian citizenship can be lost through -method

1. By Renunciation
2. By Termination
3. By Deprivation

49
 WBCS EXECUTIVE EXAMINATION
FUNDAMENTAL RIGHTs

Definition: Fundamental Rights are those rights which are guaranteed by

the constitution of India to their civilian and citizens of the country that
they can live their life with respect, dignity, and in an equal term.

Other word Fundamental rights are the basic human rights enshrined in
the Constitution of India which are guaranteed to all citizens. They are
applied without discrimination on the basis of race, religion, gender, etc.
Significantly, fundamental rights are enforceable by the courts, subject to
certain conditions.

FUNDAMENTAL RIGHTs

Under part iii Concept Article: 12-35

borrowed from
USA

First demand of fundamental rights

 The first explicit demand for the fundamental rights came in the form
of the “Constitution of India Bill, 1895″ which was created under
guidance of Bal Gangadhar Tilak. This bill popularly called “Swaraj Bill
1895” spoke about freedom of speech, right to privacy, right of
franchise etc. After that numerous drafts had been created. In the
Madras session of 1927, a resolution was adopted to draft a “Swaraj
Constitution” for India. The Motilal Nehru Report of 1928 demanded
inalienable fundamental rights for the people of India. It was basically
inspired by the American bill of rights, which had a great impact on
the thinking of Indian Leaders. The Nehru report was discarded by
Simon Commission.

50
 Advisory Committee on Fundamental Rights
 The Constituent Assembly had appointed an advisory committee on
fundamental rights headed by Sardar Vallabhbhai Patel on January 24,
1947. This advisory committee dealt with the rights of citizens,
minorities, tribal and excluded areas.
 Sapru Committee and sardar Vallabhbhai patel committee was
constitute the Fundamental rights

There are six fundamental rights of Indian Constitution along with the
constitutional articles related to them are mentioned below:

1. Right to Equality (Article 14-18)

2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)
7.
Note: previously there are 7 groups but now only 6 groups are present
because Right to property removed from the list of fundamental rights by
44 constitutional amendments Act now its legal right only mentioned in 300A

PART III: FUNDAMENTAL RIGHTS

General
12 Definition.
13 Laws inconsistent with or in derogation of the fundamental rights.

Right to Equality
The Right to Equality is one of the Fundamental Rights enshrined in the
Constitution of India types of equality which is mentioned in the
constitution are – Natural, social, political, Civil, Economic ,Legal.
14 Equality before law.
15 Prohibition of discrimination on grounds of religion, race, caste, sex or
place of birth.

51
16 Equality of opportunity in matters of public employment.
17 Abolition of Untouchability.
18 Abolition of titles.
(1) No title, not being a military or academic distinction, shall be conferred
by the State.
(2) No citizen of India shall accept any title from any foreign State.
(3) No person who is not a citizen of India shall, while he holds any office
of profit or trust under the State, accept without the consent of the
President any title from any foreign State.
(4) No person holding any office of profit or trust under the State shall,
without the consent of the President, accept any present, emolument, or
office of any kind from or under any foreign State.

Right to Freedom

19 Protection of certain rights regarding freedom of speech, etc.

Article 19 Protection of 6 rights concerning the freedom of:

1. Speech and expression

2. Assembly
3. Association
4. Movement
5. Residence
6. Profession

20 Protection in respect of conviction for offences.

21Protection of life and personal liberty.

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21A Right to education

With a view to making right to free and compulsory education a

fundamental right, the Constitution (Eighty-third Amendment)
Bill, 1997 was introduced in Parliament to insert a new article, namely,
article 21 A conferring on all children in the age group of 6 to 14 years
the right to free and compulsory education.

22 Protection against arrest and detention in certain cases.

Right against Exploitation

This right implies the prohibition of traffic in human beings, beggar, and
other forms of forced labour. It also implies the prohibition of children in
factories, etc. The Constitution prohibits the employment of children
under 14 years in hazardous conditions.

23 Prohibition of traffic in human beings and forced labour.

Article 23(1): Traffic in human beings and the beggar and other similar
forms of forced labour are prohibited and any contravention of this
provision shall be an offence punishable in accordance with the law.
Article 23(2): Nothing in this article shall prevent the State from
imposing compulsory service for public purposes, and in imposing such
service the State shall not make any discrimination on grounds only of
religion, race, caste or class or any of them.

Laws passed by the Parliament in pursuance of Article 23:

Suppression of Immoral Traffic in Women and Girls Act, 1956
Bonded Labour System (Abolition) Act, 1976

53
24 Prohibition of employment of children in factories, etc.

Article 24 says that “No child below the age of fourteen years shall
be employed to work in any factory or mine or engaged in any
other hazardous employment.”
 This Article forbids the employment of children below the age of
14 in any hazardous industry or factories or mines, without
exception.
 However, the employment of children in non-hazardous work is
allowed.

Right to Freedom of Religion

25 Freedom of conscience and free profession, practice and propagation

of religion.
26 Freedom to manage religious affairs.
27 Freedom as to payment of taxes for promotion of any particular
religion.
28 Freedom as to attendance at religious instruction or religious worship
in certain educational institutions.

Cultural and Educational

Rights
29 Protection of interests of minorities.
30 Right of minorities to establish and administer educational institutions.
31 [Repealed.]

Saving of Certain Laws

31A Saving of Laws providing for the acquisition of estates, etc.

31B Validation of certain Acts and Regulations.
31C Saving of laws giving effect to certain directive principles.
31D [Repealed.]

54
 Right to Constitutional Remedies
32 Remedies for enforcement of rights conferred by this Part.
32A [Repealed.]
33 Power of Parliament to modify the rights conferred by this Part in their
application to Forces, etc.
34 Restriction on rights conferred by this Part while martial law is in force
in any area.
35 Legislation to give effect to the provisions of this Part.

Which fundamental right cannot be suspended?

After the 44th Amendment Act, it was agreed by the Court that in any
case no person can be stripped of his right to life and personal liberty.
Therefore Articles 20 and 21 cannot be suspended even in case of an
emergency.

Fundamental Rights amendment process

Changes to the fundamental rights require a constitutional amendment,
which has to be passed by a special majority of both houses of
Parliament. This means that an amendment requires the approval of two-
thirds of the members present and voting.

Important judgement related to Fundamental Rights

 Golaknath case (1967)
The questions in this case were whether amendment is a law; and
whether Fundamental Rights can be amended or not. SC contented that
Fundamental Rights are not amenable to the Parliamentary restriction as
stated in Article 13, and that to amend the Fundamental rights a
new Constituent Assembly would be required. Also stated that Article 368
gives the procedure to amend the Constitution but does not confer on
Parliament the power to amend the Constitution.

55
 Kesavananda Bharati case (1973)
This judgement defined the basic structure of the Constitution. The SC
held that although no part of the Constitution, including Fundamental
Rights, was beyond the Parliament’s amending power, the “basic
structure of the Constitution could not be abrogated even by a
constitutional amendment.” This is the basis in Indian law in which the
judiciary can strike down any amendment passed by Parliament that is in
conflict with the basic structure of the Constitution.

Note – Parliament is the only authority who can amended fundamental

Rights

What rights do non citizens have in India?

However , except for article 15,16, 19,29 and 30, and the right to vote
and constitutional posts, every right given in the part 3 of the constitution
of India is available to the non- citizens, or is available to every 'person',
irrespective of his/her nationality, and not specifically to the citizens.

56
 WBCS EXECUTIVE EXAMINATION
Directive Principles of State Policy (DPSPs)

Definition: The Directive Principles of the State Policy (DPSPs) lay down
the guidelines for the state and is reflections of the overall objectives laid
down in the Preamble of Constitution. The expression Justice- social,
economic, political is sought to be achieved through DPSPs.

DPSPs

Part -4 Concept taken Article 36-51

from Irish
Constitution

Difference between Fundamental Rights and Directive Principles is given

in the table below:-
Fundamental Rights Directive Principles
These are justifiable, that is they are These are non justifiable i.e. they
legally enforceable by the courts in are not enforceable by the courts
the case of their violation. for their violation.
These are negative as they prohibit These are positive as they require
the state from doing certain things. the state to do certain things.
These have legal sanctions These have legal and political
sanctions.
They aim at establishing political They aim at establishing social and
democracy in the country. economic democracy in the
country.
They do not require any legislation They require legislation for their
for their implementation. They are implementation. They are not
automatically enforced. automatically enforced.

57
 Directive Principles of State Policy – Classification
Indian Constitution has not originally classified DPSPs but on the basis of
their content and direction, they are usually classified into three types-
 Socialistic Principles
 Gandhian Principles
 Liberal-Intellectual Principles.

Socialistic Principles:
Definition: They are the principles that aim at providing social and
economic justice and set the path towards the welfare state. Under
various articles, they direct the state to:
(Article38, 39, 39A, 41, 42, 43, 43A, 47)

Gandhian Principles:
Definition: These principles are based on Gandhian ideology used to
represent the programme of reconstruction enunciated by Gandhi during
the national movement. Under various articles, they direct the state to:
(40, 43, 43B, 46, 47, 48)

Liberal-Intellectual Principles:
Definition: These principles reflect the ideology of liberalism. Under
various articles, they direct the state to: (44, 45, 48, 49, 50, 51)

ARTICLE RELATED TO DIRECTIVE PRINCIPLES OF STATE POLICY

36 Definitions.
37 Application of the principles contained in this Part.
38 State to secure a social order for the promotion of the welfare of the
people.
39 Certain principles of policy to be followed by the State.
39A Equal justice and free legal aid.
40 The organisation of village panchayats.
41 Right to work, to education and to public assistance in certain cases.

58
42 Provision for just and humane conditions of work and maternity relief.
43 Living wage, etc., for workers.
43A Participation of workers in the management of industries.
43B Promotion of co-operative societies.
44 Uniform civil code for the citizens.
45 Provision for free and compulsory education for children.
46 Promotion of educational and economic interests of Scheduled Castes,
Scheduled Tribes and other weaker sections.
47 Duty of the State to raise the level of nutrition and the standard of
living and to improve public health.
48 The organisation of agriculture and animal husbandry.
48A Protection and improvement of environment and safeguarding of
forests and wildlife.
49 Protection of monuments and places and objects of national
importance.
50 Separation of judiciary from the executive.
51 Promotion of international peace and security.

 What are the new DPSPs added by the 42nd Amendment

Act, 1976?
42nd Amendment Act, 1976 added four new Directive Principles in the list:

Sl.No Article New DPSPs

1 Article 39 To secure opportunities for the healthy development of
children
2 Article To promote equal justice and to provide free legal aid to
39A the poor
3 Article To take steps to secure the participation of workers in
43A the management of industries
4 Article To protect and improve the environment and to
48A safeguard forests and wildlife

59
Facts about Directive Principles of State Policy:

 The 86th Amendment Act of 2002 changed the subject-matter

of Article 45 and made elementary education a fundamental right
under Article 21A. The amended directive requires the State to provide
early childhood care and education for all children until they complete
the age of 14 years.
 THe Indian Constitution under Article 37 makes it clear that ‘DPSPs are
fundamental in the governance of the country and it shall be the duty
of the state to apply these principles in making laws.
 A new DPSP under Article 38 was added by the 44th Amendment
Act of 1978, which requires the State to minimise inequalities in
income, status, facilities and opportunities.

Important Judgement related to DPSPs

 Kesavananda Bharti Case (1973)
Supreme Court ruled out the second provision of Article 31C added by the
25th Amendment Act during Golaknath Case of 1967. It termed the
provision ‘unconstitutional.’ However, it held the first provision of Article
31C constitutional and valid.
Result: Through the 42nd amendment act, Parliament extended the scope
of the first provision of Article 31C. It accorded the position of legal
primacy and supremacy to the Directive Principles over the Fundamental
Rights conferred by Articles 14, 19 and 31.

 Minerva Mills Case (1980)

Supreme Court held the extension of Article 31C made by the 42nd
amendment act unconstitutional and invalid. It made DPSP subordinate to
Fundamental Rights. Supreme Court also held that ‘the Indian
Constitution is founded on the bedrock of the balance between the
Fundamental Rights and the Directive Principles.’

60
 WBCS EXECUTIVE EXAMINATION
Fundamental Duty

Definition: The Fundamental Duties are defined as the moral obligations

of all citizens to help promote a spirit of patriotism and to uphold the
unity of India. The Fundamental Duties are dealt with Article 51A under
Part-IV A of the Indian Constitution.

Fundamental Duty

Part –IV A Article- 51A

Concept - USSR

 Introduction to 11 Fundamental Duties in India

Sl. 11 Fundamental Duties

No.
1. Abide by the Indian Constitution and respect its ideals and
institutions, the National Flag and the National Anthem
2. Cherish and follow the noble ideals that inspired the national
struggle for freedom
3. Uphold and protect the sovereignty, unity and integrity of India
4. Defend the country and render national service when called upon
to do so
5. Promote harmony and the spirit of common brotherhood
amongst all the people of India transcending religious, linguistic
and regional or sectional diversities and to renounce practices

61
 derogatory to the dignity of women
6. Value and preserve the rich heritage of the country’s composite
culture
7. Protect and improve the natural environment including forests,
lakes, rivers and wildlife and to have compassion for living
creatures
8. Develop scientific temper, humanism and the spirit of inquiry
and reform
9. Safeguard public property and to abjure violence
10. Strive towards excellence in all spheres of individual and
collective activity so that the nation constantly rises to higher
levels of endeavour and achievement
11. Provide opportunities for education to his child or ward between
the age of six and fourteen years. This duty was added by the
86th Constitutional Amendment Act, 2002

 Amendment related to Fundamental Duty :

The fundamental duties which were added by the 42nd Amendment Act
of the Constitution in 1976.

Importance of Fundamental duties

 Fundamental duties inspire citizens & promote a sense of discipline

and commitment among them.
 They warn citizens against anti-national and anti-social activities
 They remind Indian Citizens of their duty towards their society, fellow
citizens and the nation

62
 WBCS EXECUTIVE EXAMINATION
PRESIDENT OF INDIA
The Indian President is the head of the state. He is the first citizen of
India and is a symbol of solidarity, unity, and integrity of the nation.

PRESIDENT OF INDIA

1ST Citizen of India Concept-USA Part - V

Article -52-62 Union list

 Article related to President of India

Article Subject related to president

52 The President of India.
53 The executive power of the Union.
54 Election of President.
55 Manner of election of President.
56 Term of office of President.
57 Eligibility for re-election.
58 Qualifications for election as President.
59 Conditions of the President’s office.
60 Oath or affirmation by the President.
61 Procedure for impeachment of the President.
62 Time of holding the election to fill the vacancy in the office
of President and the term of office of person elected to fill
the casual vacancy

63
 Presidents of India List
Starting Closing
Name Profiles
date date
Dr. Rajendra January May 13th, He was the first President of
Prasad 26th, 1950 1962 republic India.
Dr Sarvepalli May 13th, May 13th, He was the 2nd President of
Radhakrishnan 1962 1967 India.
Dr Zakir Hussain May 13th, May 3rd, He was the 3rd President of
1967 1969 India.
Varahagiri May 3rd, July 20th, He was acting President
Venkata Giri 1969 1969 because of Hussain’s death.
Mohammad July 20th, August He was acting President till
Hidayatullah 1969 24th, Giri’s presidency.
1969
Varahagiri August August He was the 4th President of
Venkata Giri 24th, 1969 24th, India.
1974
Fakhruddin Ali August February He was the 5th President of
Ahmed 24th, 1974 11th, India.
1977
Basappa February July 25th, He was a chief minister of
Danappa Jatti 11th, 1977 1977 the Mysore but got elected
as President, After the death
of Ahmed.
Neelam Sanjiva July 25th, July 25th, Reddy was the 6th President
Reddy 1977 1982 of India unopposed.
Giani Zail Singh July 25th, July 25th, He was the 7th President of
1982 1987 India and was also a member
of the Congress party.
Ramaswamy July 25th, July 25th, He was the 8th President of
Venkataraman 1987 1992 India. He was also a lawyer
and a professional politician.
Shankar Dayal July 25th, July 25th, He was the 9th President of
Sharma 1992 1997 India, and he was also a

64
 member of the National
Congress party of India.
Kocheril Raman July 25th, July 25th, He was the 10th President of
Narayanan 1997 2002 India and the best diplomat
in India.
Dr. A.P.J. Abdul July 25th, July 25th, He was the 11th President of
Kalam 2002 2007 India, and he was a great
scientist. He worked in ISRO
and DRDO organizations.
Pratibha Patil July 25th, July 25th, She was the 12th President
2007 2012 of India, and she was the first
woman to Be President.
Pranab July 25th, July 25th, He was the 13th President of
Mukherjee 2012 2017 India, and he was also a
senior leader of the National
Congress party.
Shri Ram Nath July 25th, Working He is the 14th President of
Kovind 2017 India, and he is also ex-
governor Of Bihar.

Most important point about president of India

 President is the highest authority under the constitution.

 President considered as 1st citizen of India.
 President is the constitutional head of the nation.
 President is the only person who can declare war and peace.
 President is the supreme commander of Army, Navy and Air force
 President is the Nominal head of the nation.
 All the executive action of Union Government shall be taken in the
name of President.
 Dr. Rajendra Prasad was the first elected president of Independent
India.

65
How is President elected?
There is no direct election for the Indian President. An electoral college
elects him. The Electoral College responsible for President’s elections
comprises elected members of:

1. Lok Sabha and Rajya Sabha

2. Legislative Assemblies of the states (Legislative Councils have no role)
3. Legislative Assemblies of the Union Territories of Delhi and Puducherry

Note:
The value of the vote of an MLA is given below:

Total population of state 1

1000
Total Number of Elected
members in the state legislative
assembly

The value of the vote of an MP is given below

Total value of votes of all MLAs

of all states

Total number of members of

parliament
Methods of president election -

 Proportional Representation with means of a single transferable vote.

It is done by a secret ballot system.
 President election conducted by the Election commission of India.
 Any dispute related to his election is taken up by SC. SC’s decision is
final.

66
Note: After the election of President is declared null and void, the acts
done by the President in his office remain valid even after his removal.

Qualifications for the President post:

 A candidate has to meet some qualifications to be elected as the
president. Those qualifications of the President are:
 He should be an Indian Citizen
 His age should be a minimum of 35 years
 He should qualify the conditions to be elected as a member of the Lok
Sabha
 He should not hold any office of profit under the central government,
state government, or any public authority

Conditions of the President’s office

 He should not hold any office of profit
 For his residence, Rashtrapati Bhavan is provided to him without the
payment of rent.
 He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a
member of either of the house, he should vacate the seat on his first
day as President in the office.
 Parliament decides his emoluments, allowances and privileges
 He is given immunity from any criminal proceedings, even in respect of
his personal acts.
 Arrest or imprisonment of the President cannot take place. Only civil
proceedings can be initiated for his personal acts that too after giving
two months’ of prior notice.

67
Procedure for impeachment of the President.-

 When a President is to be impeached for violation of the Constitution,

the charge shall be preferred by either House of Parliament.
 No such charge shall be preferred unless-
 the proposal to prefer such charge is contained in a resolution
which has been moved after at least fourteen days’ notice in
writing signed by not less than one-fourth of the total number
of members of the House has been given of their intention to
move the resolution, and
 Such resolution has been passed by a majority of not less than
two-thirds of the total membership of the House.
 When a charge has been so preferred by either House of Parliament,
the other House shall investigate the charge or cause the charge to be
investigated and the President shall have the right to appear and to be
represented as such investigation.

 If as a result of the investigation a resolution is passed by a majority of

not less than two-thirds of the total membership of the House by
which the charge was investigated or cause to be investigated,
declaring that the charge preferred against the President has been
sustained, such resolution shall have the effect of removing the
President from his office as from the date on which the resolution is so
passed.

 Can the President’s office be vacant?

Yes, his office can be vacant in the following ways:

1. When the President of India completes his term of five years in the
office
2. If the President resigns by putting forward his resignation to the Vice-
President of India
3. If Lok Sabha/Rajya Sabha initiates an impeachment charge and they
stand valid, he is removed
4. If he dies in the office

68
5. If the Supreme Court declares his election invalid

Powers and functions of the President:

 Executive Powers of President
 Legislative Powers of President
 Financial Powers of President
 Judicial Powers of President
 Diplomatic Powers of President
 Military Powers of President
 Emergency Powers of President

 Executive Powers of President

Every executive action that the Indian government takes, is to be taken in
his name of President

1. He appoints the attorney general of India and determines his

remuneration
2. He appoints the following people:
 Comptroller and Auditor General of India (CAG)
 Chief Election Commissioner and other Election Commissioners
 Chairman and members of the Union Public Service Commission
 State Governors
 Finance Commission of India chairman and members
3. He appoints National Commissions of:
 Scheduled Castes (Read about National Commission for Schedule
Castes in the linked article.)
 Scheduled Tribes Read about (National Commission for Scheduled
Tribes in the linked article.)
 Other Backward Classes (Read about National Commission for
Backward Classes in the linked article.)
4. He appoints inter-state council
5. He appoints administrators of union territories
6. He can declare any area as a scheduled area and has powers with
respect to the administration of scheduled areas and tribal areas
69
Legislative Powers of President
 He appoints speaker, deputy speaker of Lok Sabha, and
chairman/deputy chairman of Rajya Sabha when the seats fall vacant
 He consults the Election Commission of India on questions of
disqualifications of MPs
 He recommends/ permits the introduction of certain types of bills
 He nominates 12 members of the Rajya Sabha
 He addresses the Indian Parliament at the commencement of the first
session after every general election.

Financial Powers of President

1. To introduce the money bill, his prior recommendation is a must

2. He causes Union Budget to be laid before the Parliament
3. To make a demand for grants, his recommendation is a pre-requisite
4. Contingency Fund of India is under his control
5. He constitutes the Finance Commission every five years

Judicial Powers of President

 He has pardoning power: Under article 72, he has been conferred with
power to grant pardon against punishment for an offence against
union law, punishment by a martial court, or death sentence.
 He takes advice from the Supreme Court, however, the advice is not
binding on him
 Appointment of Chief Justice and Supreme Court/High Court Judges
are on him.

Diplomatic Powers of President

1. International Treaties and agreements that are approved by the

Parliament are negotiated and concluded in his name
2. He is the representative of India in international forums and affairs

70
Military Powers of President
He is the commander of the defence forces of India. He appoints:

1. Chief of the Army

2. Chief of the Navy
3. Chief of the Air Force

Emergency Powers of President

He deals with three types of emergencies given in the Indian
Constitution:
 National Emergency (Article 352)
 President’s Rule (Article 356)
 Financial Emergency (Article 360)

What is the Ordinance Making Power of the President?

Article 123 deals with the ordinance making power of the President. The
President has many legislative powers and this power is one of them. He
promulgates an ordinance on the recommendation of the union cabinet.

What is the Veto Power of the President?

When a bill is introduced in the Parliament, Parliament can pass the bill
and before the bill becomes an act, it has to be presented to the Indian
President for his approval. It is on the President of India to either reject
the bill, return the bill or withhold his assent to the bill. The choice of the
President over the bill is called his veto power

The three types of Vetoes are:

 Absolute Veto
 Suspensive Veto
 Pocket Veto

71
 Types of Veto
Absolute Veto Suspensive Veto Pocket Veto
The power of the The power of the President The power of the
President to withhold to return the bill to the President to not
the assent to the bill Parliament with or without act upon the bill is
is termed as his consideration is called termed as a pocket
absolute veto suspensive veto veto

72
 WBCS EXECUTIVE EXAMINATION

VICE PRESIDENT

Sub - Union List

Salary - 400000/month
Concept - U.S.A.
Part - V

Most Important point about Vice President

1. Vice President consider as the second citizen of India.

2. Vice President acts as a second president.
3. Longest duration V.P. – Sarvapalli Radhakrishnan.
4. First and only Vice President died in the office – Srikrishnakant (1997).
5. Term of Vice President is Five years.
6. Sarvepalli Radhakrishnan (First Vice-President of India)
7. Vice President mention Under part V, under Union List .
8. Chairman of Rajya Sabha – Vice President
9. The post of Vice-President of India has been taken from US
10. The list of Vice-Presidents of India from 1950 to 2021 is listed below:
Vice – President of India Term of office
Sarvepalli Radhakrishnan (First Vice- 13 May 1952 – 12 May
President of India) 1957
13 May 1957 – 12 May
1962
Zakir Hussain 13 May 1962 – 12 May
1967
V. V. Giri 13 May 1967 – 3 May 1969

73
Gopal Swarup Pathak 31 August 1969 – 30
August 1974
B. D. Jatti 31 August 1974 – 30
August 1979
Mohammad Hidayatullah 31 August 1979 – 30
August 1984
R. Venkataraman 31 August 1984 – 24 July
1987
Shankar Dayal Sharma 3 September 1987 – 24
July 1992
K. R. Narayanan 21 August 1992 – 24 July
1997
Krishan Kant 21 August 1997 – 27 July
2002
Bhairon Singh Shekhawat 19 August 2002 – 21 July
2007
Mohammad Hamid Ansari 11 August 2007 – 11
August 2012
11 August 2012 – 11
August 2017
Venkaiah Naidu 11 August 2017 –
Incumbent

Article Related to Vice President

63 The Vice-President of India.
64 The Vice-President to be ex officio Chairman of the Council of States.
65 The Vice-President to act as President or to discharge his functions
during casual vacancies in the office, or during the absence, of President.
66 Election of Vice-President.
67 Term of office of Vice-President.
68 Time of holding the election to fill the vacancy in the office of Vice-
President and the term of office of person elected to fill the casual
vacancy.
69 Oath or affirmation by the Vice-President.
74
 70 Discharge of President’s functions in other contingencies.
71 Matters relating to, or connected with, the election of a President or
Vice-President.
72 Power of President to grant pardons, etc., and to suspend, remit or
commute sentences in certain cases.
73 The extent of executive power of the Union.

Election of Vice President

I. V.P. is elected by the members of an Electoral College consisting in the
members of both house of parliament.

Qualification for election of V.P.

 Must be citizen of India

 Must be 35 years old
 Should be a Member of Rajya Sabha
 He should not hold any office of profit in union and state.

Removal of V.P.by the resolution to his effect first passed by the Rajya
Sabha by its absolute majority and then agrees to by the Lok Sabha.

The removal of V.P. can be initiated by the Rajya Sabha only. 2/3
members of Rajya Sabha should be present in voting.
V.P should be notice before 14 days to the date of removal started.

 Removal power of V.P. is the special power of Rajya Sabha.

75
 WBCS EXECUTIVE EXAMINATION
Prime Minister & Council of Minister

PrimeMinister & Council Of Minister

Concept – UK Subject List (Union List)

Part – V

Prime Minister
Article 75 of the Indian Constitution mentions that a Prime Minister is
one who is appointed by the President.
.
 Minimum age required for PM post –

i. Lok Sabha (25 years )

ii. Rajya Sabha (30 years )

Other important points

 Condition of office of P.M and Council of Minister shall be determined
by the parliament.
 PM is the leader of majority party of lok sabha.
 Pm is the chairman of COM.
 Pm who were not the member of any house of parliament but latter
become a member.
i. P.B NARASHIMA (Lok Sabha)
ii. H. D. Deve Gowda (Rajya Sabha)
 Article 75 only said that P.M. shall be appointed by the president and
other ministers shall be appointed by president on the advice of PM.
 The PM registration latter submitted to the president and other to the
president through P.M.
76
 The oath and affirmation of P.M and COM shall be administered by the
president.
 P.M and COM are collectively responsible to the Lok sabha, (75
Article.)
 P.M and COM are individually responsible to the president.
 All the executive action of the union shall be taken in the name of
president.
 The size of COM shall be determinate by PM.
 Longest duration PM - Jawaharlal Nehru.
 The shortest duration - Chaudhary Charan Singh
 Who became the acting P.M for two times – Gulzarilal nanda
 First non-congress P.M – Morarji desai. (Janata dal).
 The first deputy P.M - Sardar Ballav Vai Patel.
 The last deputy P.M - lal krishna advani. (7th D.P.M of Atal Bihari
Vajpayee).
 Jointly P.M - Chaudhary Charan Singh &Jagjivan Ram. (1977).
 Pm announced govt. policy on the floor of the house.

Power and Function of Prime Minister

 Prime Minister of India serves the country by following various
functions. He performs his functions taking responsibilities as:
 Chairman of the Cabinet:
 The leader of Country
 Portfolio allocation
 Official Representative of the country:
 The link between the President and the Cabinet
 Head: The Prime Minister is the head of Nuclear Command Authority,
NITI Aayog, Appointments Committee of the Cabinet, Department of
Atomic Energy, Department of Space and Ministry of Personnel, Public
Grievances and Pensions.
 Chief Advisor: He acts as the chief advisor to the President

77
Longest-Serving Indian Prime Minister Jawaharlal Nehru
(1947 – 1964)
Second Longest-Serving Indian Prime Minister Indira Gandhi
Acting Prime Minister Twice Gulzari Lal Nanda
The first woman Prime Minister to receive the Indira Gandhi
Bharat Ratna
First Non-Congress Prime Minister of India Morarji Desai
Indian Prime Minister received Pakistan’s highest Morarji Desai
civilian award
Youngest Indian Prime Minister Rajiv Gandhi
First Prime Minister from South India P.V. Narasimha Rao
First Prime Minister of India who was a member Indira Gandhi
of the Rajya Sabha

List of all the Prime Ministers of India from 1947-2021

Born-
S.N. Name Term of office Remark
Dead
The first prime
minister of India
15 August 1947 to 27 and the longest-
Jawahar Lal (1889–
1. May 1964 serving PM of
Nehru 1964)
16 years, 286 days India, the first to
die in office.
First acting PM
27 May 1964 to 9
Gulzarilal Nanda (1898- of India
2. June 1964,
(Acting) 1998)
13 days
He has given the
slogan of 'Jai
9 June 1964 to 11 Jawan Jai Kisan'
Lal Bahadur (1904–
3. January 1966 during the Indo-
Shastri 1966)
1 year, 216 days Pak war of 1965

78
 -
11 January 1966 to 24
Gulzari Lal Nanda (1898-
4. January 1966
(Acting) 1998)
13 days
First female
24 January 1966 to 24
(1917– Prime Minister
5. Indira Gandhi March 1977
1984) of India
11 years, 59 days
Oldest to
24 March 1977 to 28 become PM (81
(1896– years old) and
6. Morarji Desai July 1979
1995) first to resign
2 year, 126 days
from office
Only PM who
28 July 1979 to 14
(1902– did not face the
7. Charan Singh January 1980
1987) Parliament
170 days
The first lady
14 January 1980 to 31 who served as
(1917–
8. Indira Gandhi October 1984 PM for the
1984)
4 years, 291 days second term
Youngest to
31 October 1984 to 2
(1944– become PM (40
9. Rajiv Gandhi December 1989
1991) years old)
5 years, 32 days
First PM to step
2 December 1989 to down after a
(1931–
10. V. P. Singh 10 November 1990 vote of no
2008)
343 days confidence

He belongs to
10 November 1990 to Samajwadi
(1927–
11. Chandra Shekhar 21 June 1991 Janata Party
2007)
223 days

79
 First PM from
21 June 1991 to 16
P. V. Narasimha (1921– south India
12. May 1996
Rao 2004)
4 years, 330 days
PM for shortest
16 May 1996 to 1
Atal Bihari (1924- tenure
13. June 1996
Vajpayee 2018)
16 days
He belongs to
1 June 1996 to 21
(born Janata Dal
14. H. D. Deve Gowda April 1997
1933)
324 days

------
21 April 1997 to 19
Inder Kumar (1919–
15. March 1998
Gujral 2012)
332 days

The first non-

19 March 1998 to 22 congress PM
Atal Bihari (1924- who completed
16. May 2004
Vajpayee 2018) a full term as
6 years, 64 days
PM
First Sikh PM
22 May 2004 to 26
(born
17. Manmohan Singh May 2014
1932)
10 years, 4 days
4th Prime
Minister of India
(born 26 May 2014 - who served two
18. Narendra Modi
1950) Present consecutive
tenures

80
 Council of Ministers
Two articles – Article 74 and Article 75 of the Indian Constitution deal with
the Council of Ministers. Where article 74 mentions that the council will
be headed by the Prime Minister of India and will aid and advise the
President, article 75 mentions the following things:

 They are appointed by the President on the advice of Prime

Minister
 They along with the Prime Minister of India form 15% of the total
strength of the lower house i.e. Lok Sabha. (The number cannot
exceed 15%)
 A Minister ceased to exist as one if he is not a member of either
house of Parliament for six consecutive months.
 Parliament decides the salary and allowances of the council of
ministers.

Types of Ministers
 The Indian Constitution does not categorize ministers into ranks,
however, in practice seen in India, ministers are of four types:

 Cabinet Ministers—cabinet minister (plural cabinet ministers)

(politics) A member of the executive branch of a government who
has been appointed to the cabinet, the group of leading policy
makers, advisers, and overseers of governmental departments who
report to the prime minister.

 Minister of State with independent charge—He is a Minister of

State who does not work under a Cabinet Minister. When any
matter concerning his Department is on the agenda of the Cabinet,
he is invited to attend the meeting.

81
  Minister of State—He is a Minister who does not have
independent charge of any Department and works under a Cabinet
Minister. The work to such Minister is allotted by his Cabinet
Minister.
 Deputy Minister—He is a Minister who works under a Cabinet
Minister or a Minister of State with independent charge. His work is
allotted by the Minister under whom he is working.

 COM prepares the legislative program for the parliament.

 COM prepares the budget.
 Council of minister decides on earn money bill to be introduce in the
parliament.
 PM is the member of the ruling party.
 Pm is the ex-office chairman of NITI AYAOG. (1st JAN. 2015)
 Inter-state, council, national integration council national security
council all the chairman is pm.
 PM was the chairman of planning commission and National
development council. (1952)

82
 WBCS EXECUTIVE EXAMINATION
PARLIAMENT

PARLIAMENT

President

Loksabha Rajya Sabhya

PARLIAMENT
T
Supreme Legislative Body: The Parliament is the legislative organ of a
Union government and the Parliament of India is its supreme legislative
body.

First Parliament: The first general elections under the new Constitution of
India were held during the year 1951-52 and the first elected
Parliament came into existence in April, 1952.

Constitutional Provisions: Articles 79 to 122 in Part V of the Constitution

deal with the organisation, composition, duration, officers, procedures,
privileges and powers of the Parliament.

Frame of Reference for Parliament: The framers of the Indian

Constitution relied on the British pattern for Parliament rather than the
American pattern.

The President is not an integral part of the legislature in the USA,

however, in India, it is.

Parliament work as a union legislative body.

83
PARLIAMENT
General
79 Constitution of Parliament.
80 Composition of the Council of States.
81 Composition of the House of the People.
82 Readjustment after each census.
83 Duration of Houses of Parliament.
84 Qualification for membership of Parliament.
85 Sessions of Parliament, prorogation and dissolution.
86 Right of President to address and send messages to Houses.
87 Special address by the President.
88 Rights of Ministers and Attorney-General as respects Houses.

Officers of Parliament
89 The Chairman and Deputy Chairman of the Council of States.
90 Vacation and resignation of, and removal from, the office of Deputy
Chairman.
91 Power of the Deputy Chairman or other person to perform the duties
of the office of, or to act as, Chairman.
92 The Chairman or the Deputy Chairman not to preside while a resolution
for his removal from office is under consideration.
93 The Speaker and Deputy Speaker of the House of the People .
94 Vacation and resignation of, and removal from, the offices of Speaker
and Deputy Speaker.
95 Power of the Deputy Speaker or other person to perform the duties of
the office of, or to act as, Speaker.
96 The Speaker or the Deputy Speaker not to preside while a resolution
for his removal from office is under consideration.
97 Salaries and allowances of the Chairman and Deputy Chairman and the
Speaker and Deputy Speaker.
98 Secretariat of Parliament.
Conduct of Business
99 Oath or affirmation by members.
100 Voting in Houses, power of Houses to act notwithstanding vacancies
and quorum.
84
Disqualifications of Members
101 Vacation of seats.
102 Disqualifications for membership.
103 Decision on questions as to disqualifications of members.
104 Penalty for sitting and voting before making oath or affirmation under
article 99 or when not qualified or when disqualified.
Powers, Privileges and Immunities of Parliament and its Members
105 Powers, privileges, etc., of the Houses of Parliament and of the
members and committees thereof.
106 Salaries and allowances of members.

Legislative Procedure
107 Provisions as to introduction and passing of Bills.
108 Joint sitting of both Houses in certain cases.
109 Special procedure in respect of Money Bills.
110Definition of “Money Bills”.
111Assent to Bills.
Procedure in Financial Matters
112 Annual financial statements.
113 Procedure in Parliament with respect to estimates.
114 Appropriation Bills.
115 Supplementary, additional or excess grants.
116 Votes on account, votes of credit and exceptional grants.
117 Special provisions as to financial Bills.
Procedure Generally
118 Rules of procedure.
119 Regulation by law of procedure in Parliament in relation to financial
business.
120 Language to be used in Parliament.
121 Restriction on discussion in Parliament.
122 Courts not to inquire into proceedings of Parliament.

85
Important Parliamentary Terms
 "Act"--A Bill passed by both Houses of Parliament and assented to by
the President.

 “Ad hoc Committee”- A Committee constituted by the House or by

the Chairman or by the presiding officers of both the Houses jointly to
consider and report on specific matter and becomes functus officio as
soon as the task is completed.

 "Adjournment of Debate"--Adjournment on a motion adopted by

the House, of the debate on a Motion/Resolution/Bill on which the
House is then engaged until a future day or sine die as specified in the
motion.

 “Ballot”-A process to determine inter se priority of more than one

notice through a draw of lot.

 "Adjournment sine die"-Termination of a sitting of the House

without any definite date being fixed for the next sitting.

 "Adjournment of the sitting of the House"-Termination of the

sitting of the House which meets again at the time appointed for the
next sitting.

 “Ballot”- A process to determine inter se priority of more than one

notice through a draw of lot. (8) "Bill"--The draft of a legislative
proposal put in the proper form which, when passed by both Houses of
Parliament and assented to by the President becomes an Act.

 "Budget"-Annual financial statement of the estimated receipts and

expenditure of the Government of India in respect of a financial year.
The Budget is laid in Rajya Sabha in two parts viz., the Railway Budget
and the General Budget.

86
 “Calling Attention”– A procedure whereby a Member calls the
attention of a Minister to a matter of urgent public importance , the
Minister makes a brief statement thereon and thereafter the Members
seek clarification

 Calendar of Sittings"-A calendar showing the provisional days on

which Rajya Sabha is to sit and the nature of business to be transacted
by it on those days.

 "Crossing the floor"--Passing between the member addressing the

House and the Chair which is considered breach of Parliamentary
etiquette.

 "Casting Vote"-The vote cast by the Chairman, or a Member acting as

such in the House and by the Chairman or a Member acting as such in
a Committee, in the case of an equality of votes on a matter.

 Crossing the floor"--Passing between the member addressing the

House and the Chair which is considered breach of Parliamentary
etiquette.

 “Half-an-Hour Discussion”-A Member with the permission of the

Chairman may raise a discussion on a matter of sufficient public
importance which has been the subject of a recent oral or written
question and the answer to which needs elucidation on a matter of
fact.

 "Maiden Speech"-The first speech of a member after his

election/nomination to the Rajya Sabha in the House.

 "Motion"-A formal proposal made to the House by a Minister or a

member that the House do something, order something to be done or
express an opinion with regard to some matter, and is so phrased that,
if adopted, it will purport to express the judgment or will of the Hous

87
 "Motion of Thanks"-A formal motion moved in the House, expressing
its gratitude to the President for the Address delivered by him/her
under article 87(1) of the Constitution to both Houses of Parliament
assembled together.

 "Ordinance"-A law made by the President in exercise of the powers

vested in him under article 123 of the Constitution

 Putting the Question"-When debate on a question is closed, the

Chairman, rising from the Chair, states or reads the question to the
House, beginning with "The question is, that".

 Question Hour"-The first hour of a sitting of the House allotted for

asking and answering of questions

 "Quorum"-The minimum number of members required to be present

at a sitting of the House or a Committee for valid transaction of its
business, which is one-tenth of the total number of members of the
House, as provided under article 100(3) of the Constitution

 "Session"-A session of Rajya Sabha comprises the period commencing

from the date and time mentioned in the order of the President
summoning Rajya Sabha and ending with the day on which the
President prorogues Rajya Sabha.

 "Starred Question"-A question to which a member wishes to have an

oral answer on the floor of the House and which is distinguished by an
asterisk. (66) "Whips" – Members drawn from the party in power and
the parties/groups in opposition to perform specified functions and
form vital links in the internal organization of a party inside Parliament.

88
Types of Majority in the Parliament

Majority
Simple Majority or working majority
refers to majority of more than 50%
Simple Majority of the present and voting
Example:
 total strength of Lok Sabha 545
 Vacant seat- 5
 Members present :500
 Members present and voting500-
50+ 450
 Simple majority 226

 Absolute majority refers to the

majority of more than 50% of the
total strength of the house.
Example:
 Total strength of Lok Sabha: 545
Absolute Majority  Absolute Majority: 273
 Such kind of majority is not
required in isolation in the Indian
Parliament. There are instances
when such majority is needed with
other majority which would be
thus called special majority.

89
 Effective Majority of house means more than
50% of the effective strength of the house. This
Majority implies that out of the total strength, we
deduct the absent and vacant seats.
Total strength of Lok Sabha: 545
Effective Vacant Seats: 5
Effective Strength: 545-5=540
Majority
Members present, but decide to abstain / not
to vote: 50
Members present and voting: 540-50=490
Effective Majority: 490/2+1=245
In constitution of India, the “all the then
members” present indicates an effective
majority. In Constitution, effective majorities
are needed for removal of Vice-President,
Deputy Chairman of Rajya Sabha, Lok Sabha
speaker and Deputy Speaker.

Any Majority other than simple, absolute and

effective majority is called special majority. These
include
Majority by two-third strength of the house
Special {example impeachment of president under article
Majority 61}
Majority by two-third of present and voting
members {Example: Power of Parliament to
legislate with respect to a matter in the State List
in the national interest, under article 249};
Certain constitution amendment bills etc.
Absolute majority + majority of two-third present
and voting {Example: Removal of Supreme Court
Judge, CAG etc.}

90
Impeachment of President Special Majority
Removal of the Vice-President Effective Majority
Removal of Deputy chairman Rajya Effective Majority
Sabha
Removal of Speaker and Lok Sabha Effective Majority
Speaker
Removal of Supreme Court Judge Absolute + Special Majority
Abolition of Council of States Absolute + Special Majority
Removal of Speaker or Deputy (Effective Majority
Speaker of Assembly
Removal of Chairman or Deputy (Effective Majority)
Chairman of a Legislative Council:
Emergency Proclamation Absolute + Special Majority
Amendment of the Constitution via (Absolute + Special Majority)
article 368

91
 Lok Sabha
Indian Parliament is bicameral in nature i.e. that it has two houses. Lok
Sabha is one of those two houses. The other house is the Rajya Sabha.
(You may check the differences between Lok Sabha and Rajya Sabha in the
linked article.) Lok Sabha is the first chamber of the parliament and
represents the people of India as a whole. The members elected by
universal adult suffrage are part of Lok Sabha.

Composition of Lok Sabha:

Composition of Lok Sabha
Maximum Strength 530 represent the States
– 552 20 are the representatives of Union Territories
2 are nominated by the President from Anglo-
Indian Community
Current Strength – 530 represent States
545 13 represent Union Territories
2 are nominated from the President from Anglo-
Indian Communit

Lok Sabha Elections

The members of Parliament (MPs) are elected/appointed from states,
union territories or are appointed from a field of particular expertise. The
elections to Lok Sabha occur every 5 years in the name of general
elections. The Constitution of India has adopted universal adult
franchise as a basis of elections to the Lok Sabha and the state legislative
assemblies.

Representation of States in Lok Sabha:

Members are directly elected by the people from the territorial
constituencies in the states
Election Principle used – Universal Adult Franchise

92
Eligibility to Vote: Any Indian Citizen of/above 18 years of age
Note: Voting age was reduced from 21 to 18 years by the 61st
Constitutional Amendment Act, 1988.

Representation of Union Territories in Lok Sabha:

 Parliament is empowered to choose the members from the UTs in any

manner as it desires
 Election Principle used – Direct Election
 Note: Union Territories (Direct Election to the House of the People)
Act, 1965, has been enacted by which the members of Lok Sabha from
the union territories are chosen by direct election.
 Representation of Nominated Members in Lok Sabha:
 President nominates 2 members from Anglo-Indian Community if they
are not adequately represented.
 Note: Anglo-Indian reserved seats in the Parliament and State
Legislatures of India were discontinued by the 126th Constitutional
Amendment Bill of 2019, when enacted as the 104th Constitutional
Amendment Act, 2019

 Facts about Lok Sabha elections for wbcs

 1st Lok Sabha Election took place in 1952. There were 489 seats
elected. Congress won 364 out of 489 seats. Jawaharlal Nehru became
the first Prime Minister.
 2019 Lok Sabha elections were country’s 17th General Elections.
Elections took place for 552 seats. BJP won 303 seats out of 552.
Narendra Modi is the Prime Minister.
 In 1952, only 22 women were elected while in 2014, 49 women
candidates were elected.
 Elections to Lok Sabha are carried out using a first-past-the-post
electoral system.

Indian Parliament consists of Lok Sabha, Rajya Sabha and the President of
India. Rajya Sabha is the upper house of the parliament and is termed as
House of Elders in Indian Parliament

93
 LOK SABHA SPEAKER

The presiding officer of the lower house of the Parliament is the Lok Sabha
Speaker. Provisions of his/her and deputy speaker’s offices are dealt with
Articles 93, 94, 95 and 96 of the Indian Constitution.

Lok Sabha Speaker & Deputy Speaker - Constitutional Provisions:

Constitutional Provisions - Offices of Speaker

and Deputy Speaker

Article Provides to choose two members of the House to be

93 respectively Speaker and Deputy Speaker when these two
offices fall vacant.
Article Vacation, Resignation and Removal provisions for the
94 offices of Speaker and Deputy Speaker
Article Power of the Deputy Speaker or other person to perform
95 the duties of the offices of, or to act as, the Speaker
Article The Speaker or the Deputy Speaker not to preside while a
96 resolution for his/her removal from office is under
consideration

List of Speakers
S.No. Name From To
Ganesh Vasudev 15 May 1952 27 February 1956
1.
Mavalankar
8 March 1956 10 May 1957
2. M. A. Ayyangar
11 May 1957 16 April 1962
3. Sardar Hukam Singh 17 April 1962 16 March 1967
4. Neelam Sanjiva Reddy 17 March 1967 19 July 1969
8 August 1969 19 March 1971
5. Gurdial Singh Dhillon
22 March 1971 1 December 1975

94
6. Bali Ram Bhagat 15 January 1976 25 March 1977
7. Neelam Sanjiva Reddy 26 March 1977 13 July 1977
8. K. S. Hegde 21 July 1977 21 January 1980
22 January 1980 15 January 1985
9. Balram Jakhar
16 January 1985 18 December 1989
19 December 9 July 1991
10. Rabi Ray
1989
11. Shivraj Patil 10 July 1991 22 May 1996
12. P. A. Sangma 23 May 1996 23 March 1998
24 March 1998 19 October 1999
12. G. M. C. Balayogi
22 October 1999 3 March 2002
13. Manohar Joshi 10 May 2002 2 June 2004
14. Somnath Chatterjee 4 June 2004 30 May 2009
15. Meira Kumar 30 May 2009 4 June 2014
16. Sumitra Mahajan 6 June 2014 16 June 2019
17. Om Birla 18 June, 2019 incumbent

Term/Tenure of Office:
 He/She is eligible for re-election.
 The Speaker doesn’t vacate his/her office immediately whenever the
Lok Sabha is dissolved, but continues till the first meeting of the newly
elected Lok Sabha.
 However, he/she has to vacate his office in any of the following three
cases:
 If he/she ceases to be a member of Lok Sabha;
 If he/she resigns by writing to the Deputy Speaker;
 If he/she is removed by a resolution passed in the Lok Sabha.
 When the Lok Sabha is dissolved, the Speaker ceases to be a member
of the house, but he/she doesn’t vacate his/her office.

Removal process of Speaker

 It is also compulsory to give a minimum of 14 days' advance notice
of the intention to move the resolution.
 The Speaker can be removed if a resolution is passed by a majority
of all the members of the Lok Sabha, that is, by absolute majority
and not by ordinary majority.

95
  When a resolution for removal of the Speaker is under consideration
of the House, he/she cannot preside over the House, but can speak
and take part in the proceedings of the House. Also, he/she can vote
in the first instance, but not in the case of an equality of votes.
 The motion of removal can be considered and discussed only when
it has the support of at least 50 members of the House.

Resignation -
The Speaker may, at any time, resign from Office by writing under
his/her hand to the Deputy Speaker.

Powers and Functions of the Speaker

 The Speaker is the head of the Lok Sabha.
 He/she is the principal spokesperson of the House, and his decision
in all Parliamentary matters is final.
 The primary responsibility of the Speaker is to maintain order and
decorum in the House for conducting its business and regulating its
proceedings. He/she has final power in this matter.
 He/she can adjourn the proceedings of the House or suspends the
meeting in absence of a quorum.

 He/she is the final interpreter of the provisions of

 The Constitution of India
 The Rules of Procedure and Conduct of Business of Lok Sabha
 Parliamentary precedents
 Voting Powers
 He/she doesn’t vote in the first instance.
 But he/she can exercise a casting vote in the case of a tie.
 The Speaker is also the ex-officio chairman of the conference of
presiding officers’ of legislative bodies in the country.
 The Speaker presides over a joint sitting of the two houses of
Parliament. The President summons a joint sitting to resolve a
deadlock between the Lok Sabha and Rajya Sabha on the matters of a
bill.

96
 The Speaker is the ex-officio chairman of the Indian Parliamentary
Group (IPG) setup in 1949. To read more about Indian Parliamentary
Group, check the linked article.
 He/she can allow for a ‘secret’ sitting of the House at the request of
the Leader of the House.
 He/she decides whether the bill is a money bill or not, and his/her
decision on this matter is final.

How is Speaker of Lok Sabha elected?

 Whenever the office of the Speaker falls vacant, the lower House
elects another member to fill the vacancy.
 The date of election of the Speaker is fixed by the President.
 As soon as after the first sitting of the Lok Sabha, the Speaker is
elected by the House from amongst its members.
 There are also instances when members not belonging to the ruling
party or coalition were elected to the Office of the Speaker.
 Usually, a member belonging to the ruling party is elected the
Speaker.
 Election criteria-
 Simple majority of members present and voting in the House.
 No specific qualifications required.
 The Speaker pro tem presides over the sitting in which the Speaker is
elected, if it is a newly constituted House.
 The Prime Minister or the Minister of Parliamentary Affairs proposes
the candidate’s name.
 While assuming the office of the Speaker, he/she do not make and
subscribe any separate oath or affirmation.
 If the election falls later in the life of a Lok Sabha, the Deputy Speaker
presides.
 After the results are announced, the Speaker-elect is conducted to the
Chair by the Prime Minister and the Leader of the Opposition.

Speaker Pro Tem:

97
 He/she presides over the first sitting of the newly elected House.
 Main duty - To administer oath to the new members of the House.
 He/she is appointed by the President.
 The office of Speaker Pro Tem is a temporary office, existing for a few
days.
 Usually, the senior most members are selected as the Speaker Pro
Tem.
 He/she has all the powers of the Speaker.
 He/she enables the House to elect a new Speaker.

Election of Deputy Speaker:

 Election criteria –
 Simple majority of members present and voting in the House.
 No specific qualifications required.
 He/she is elected after the election of the Speaker.
 While assuming the office of the Deputy Speaker, he/she do not make
and subscribe any separate oath or affirmation.
 Similar to the election of Speaker, the Deputy Speaker is also elected
by the Lok Sabha itself from amongst its members.
 The date of election of the Deputy Speaker is fixed by theSpeaker.
Deputy Speaker of Lok Sabha:

 When the Speaker is presiding over the House, the Deputy Speaker
is like any other ordinary member of the House.
 The Deputy Speaker is not subordinate to the Speaker.
 He/she is directly responsible to the House.
One Special Privilege

Whenever the Deputy Speaker is appointed as a member of

a parliamentary committee, he/she automatically becomes
 He/she
its chairman.
can speak, take part in the proceedings and vote on any
question before the House.

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  The salaries and allowances of the Deputy Speaker are fixed by
Parliament and are charged on Consolidated Fund of India.

Duties of the Deputy Speaker:

 He/she performs the duties of the Speaker’s office when it is

vacant.
 In the above two case, the Deputy Speaker assumes all the
responsibilities and powers of the Speaker.
 He/she acts as the Speaker when the latter is absent from the
sitting of the House.
 In case the Speaker is absent, the Deputy Speaker can also preside
over the joint sitting of the Houses of Parliament.

Rajya Sabha
The Rajya Sabha, constitutionally the Council of States (informally known
as the House of Elders), is the upper house of the bicameral Parliament of
India.

Composition of Rajya Sabha :

 Maximum Strength – 250
 238 represent States & Union Territories
 12 are nominated by the president
Current Strength – 232 (13 Vacancies)Total – 245
 216 members represent the states
 4 members represent the union territories
 12 members are nominated by the president

Rajya Sabha members election process

Rajya Sabha Members are elected by the elected members of state
legislative assemblies using a method of proportional representation.

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Note: Representation of States in Rajya Sabha is not equal. It depends on
its population. State with a larger population will have more number of
seats in Rajya Sabha than those with a lesser population.

Rajya Sabha Elections

There are three types of representation in Rajya Sabha :
Representation of States in Rajya Sabha:

 Members are elected by the elected members of state legislative

assemblies
 Election Principle used – Proportional Representation by means of
Single Transferable Vote
 The population of the state is a factor that decides the
representation of states in Rajya Sabha

Representation of Union Territories in Rajya Sabha:

Members of Rajya Sabha belonging to Union Territories are indirectly

elected by members of an electoral college, which is constituted for this
purpose

 Election Principle used – Proportional Representation by means of

Single Transferable Vote
Note: Out of 8 union territories, Delhi, Puducherry and Jammu and
Kashmir have representation in Rajya Sabha.

Representation of Nominated Members in Rajya Sabha:

12 people are nominated by the President in Rajya Sabha for their
contribution and expertise in the fields of:

 Art
 Literature

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  Science
 Social Service
Important point - Every second year, one-third of its members retire. For
the vacant seats, fresh elections take place. However, nominations are
taken up at the beginning of the third year.

Rajya Sabha chairman (important Points)

 Rajyaa Sabha chairman presides the upper house

 He can be removed as the chairman of Rajya Sabha only when he is
removed from the seat of Vice-President of India
 He /She not a member of Any House
 He cannot vote in the first instance
 Note: He can vote in the case of an equality of votes
 Salary determined by parliament

Qualification of Rajya Sabha members

 Must be an Indian Citizen
 Must be not less than 30 years of age
 Must be registered as an elector for a parliamentary constituency
leader of Rajya Sabha
 Like Lok Sabha, Rajya Sabha also has a leader who is a minister and a
member of the house and is nominated by the prime minister to
function as such

Rajya Sabha Deputy Chairman

 He presides the upper house whenever given-below conditions arise:
 Seat of chairman falls vacant
 When Chairman/Vice-President has to act as President
 When Chairman is absent from the sitting
Note: In all three cases, Deputy Chairman of Rajya Sabha has all the powers of
Chairman of Rajya Sabha

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 He can be removed by a resolution passed by a majority of all the
members of the Rajya Sabha
 Note: The resolution to remove him can be moved only after giving 14
days’ advance notice
 Deputy Chairman also a Member of Rajya Sabha
 Salary fixed by parliament and charged from consolidated fund of India

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 WBCS EXECUTIVE EXAMINATION
SUPREME COURT OF INDIA
Supreme Court of India

Highest judiciary body Part-V Final Court to

Appeal

article -124-147

Supreme Court History

 The promulgation of Regulating Act of 1773 established the Supreme
Court of Judicature at Calcutta as a Court of Record, with full power &
authority.
 It was established to hear and determine all complaints for any crimes
and also to entertain, hear and determine any suits or actions
in Bengal, Bihar and Orissa.
 The Supreme Courts at Madras and Bombay were established by King
George – III in 1800 and 1823 respectively.
 The India High Courts Act 1861 created High Courts for various
provinces and abolished Supreme Courts at Calcutta, Madras and
Bombay and also the Sadar Adalats in Presidency towns.
 These High Courts had the distinction of being the highest Courts for
all cases till the creation of Federal Court of India under
the Government of India Act 1935.
 The Federal Court had jurisdiction to solve disputes between provinces
and federal states and hear appeal against Judgements from High
Courts.
 After India attained independence in 1947, the Constitution of India
came into being on 26 January 1950. The Supreme Court of India also
came into existence and its first sitting was held on 28 January 1950.

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 The number of SC judges was increased by the Parliament and
currently, there are 34 judges including the Chief Justice of India (CJI).

Supreme Court of India – Functions

 It settles disputes between various government authorities, between
state governments, and between the centre and any state
government.
 It takes up appeals against the verdicts of the High Courts, other courts
and tribunals.
 It also hears matters which the President refers to it, in its advisory
role.
 The law that SC declares is binding on all the courts in India and on the
Union as well as the state governments.
 The SC can also take up cases suo moto (on its own).

The jurisdiction of the SC is of three types:

 Original – Read in detail about Original Jurisdiction of the Supreme
Court in the linked article.
 Advisory – Notes on Advisory Jurisdiction of the Supreme Court are
given in the linked article.
 Appellate

Supreme Court Composition

 Including the CJI, there are 34 judges in the Supreme Court.
 The judges sit in benches of 2 or 3 (called a Division Bench) or in
benches of 5 or more (called a Constitutional Bench) when there are
matters of fundamental questions of the law is to be decided.
Date of Appointment Held Office till
as C.J.I.

1. Hon’ble Justice Harilal

26/01/1950 06/11/1951
Jekisundas Kania
2. Hon’ble Justice M. Patanjali
07/11/1951 03/01/1954
Sastri
3. Hon’ble Justice Mehr Chand
04/01/1954 22/12/1954
Mahajan

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4. Hon’ble Justice Bijan Kumar
23/12/1954 31/01/1956
Mukherjea
5. Hon’ble Justice Sudhi Ranjan
01/02/1956 30/09/1959
Das
6. Hon’ble Justice Bhuvneshwar
01/10/1959 31/01/1964
Prasad Sinha
7. Hon’ble Justice P.B.
01/02/1964 15/03/1966
Gajendragadkar
8. Hon’ble Justice A.K. Sarkar 16/03/1966 29/06/1966

9. Hon’ble Justice K. Subba Rao 30/06/1966 11/04/1967

10.Hon’ble Justice K.N. Wanchoo 12/04/1967 24/02/1968

11. Hon’ble Justice M.
25/02/1968 16/12/1970
Hidayatullah
12. Hon’ble Justice J.C. Shah 17/12/1970 21/01/1971

13. Hon’ble Justice S.M. Sikri 22/01/1971 25/04/1973

14. Hon’ble Justice A.N. Ray 26/04/1973 28/01/1977

15. Hon’ble Justice M.
29/01/1977 21/02/1978
Hameedullah Beg
16. Hon’ble Justice Y.V.
22/02/1978 11/07/1985
Chandrachud
17. Hon’ble Justice P.N. Bhagwati 12/07/1985 20/12/1986

18. Hon’ble Justice R.S. Pathak 21/12/1986 18/06/1989

19. Hon’ble Justice E.S.
19/06/1989 17/12/1989
Venkataramiah
20. Hon’ble Justice Sabyasachi
18/12/1989 25/09/1990
Mukherjee
21. Hon’ble Justice Ranganath
25/09/1990 24/11/1991
Misra
22. Hon’ble Justice K.N. Singh 25/11/1991 12/12/1991

23. Hon’ble Justice M.H. Kania 13/12/1991 17/11/1992

24. Hon’ble Justice L.M. Sharma 18/11/1992 11/02/1993

25. Hon’ble Justice M.N.
12/02/1993 24/10/1994
Venkatachaliah

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26. Hon’ble Justice A.M. Ahmadi 25/10/1994 24/03/1997

27. Hon’ble Justice J.S. Verma 25/03/1997 17/01/1998

28. Hon’ble Justice M.M. Punchhi 18/01/1998 09/10/1998

29. Hon’ble Dr. Justice A.S. Anand 10/10/1998 31/10/2001

30. Hon’ble Justice S.P. Bharucha 01/11/2001 05/05/2002

31. Hon’ble Justice B.N. Kirpal 06/05/2002 07/11/2002

32. Hon’ble Justice G.B. Pattanaik 08/11/2002 18/12/2002

33. Hon’ble Justice V.N. Khare 19/12/2002 01/05/2004

34. Hon’ble Justice S. Rajendra
02/05/2004 31/05/2004
Babu
35. Hon’ble Justice R.C. Lahoti 01/06/2004 31/10/2005

36. Hon’ble Justice Y.K. Sabharwal 01/11/2005 13/01/2007

37. Hon'ble Justice K.G.
14/01/2007 12/05/2010
Balakrishnan
38. Hon'ble Justice S.H. Kapadia 12/05/2010 28/09/2012

39. Hon'ble Justice Altamas Kabir 29/09/2012 18/07/2013

40. Hon'ble Justice P. Sathasivam 19/07/2013 26/04/2014

41. Hon'ble Justice R. M. Lodha 27/04/2014 27/09/2014

42. Hon'ble Justice H.L. Dattu 28/09/2014 02/12/2015

43. Hon'ble T. S. Thakur 03/12/2015 03/01/2017

44. Hon'ble Jagdish Singh Khehar 04/01/2017 27/08/2017
45. Hon'ble Justice Dipak Misra 28/08/2017 02/10/2018
46. Hon'ble Ranjan Gogoi 03/10/2018 17/11/2019
47. Hon'ble Sharad Arvind Bobde 18/11/2019 23/04/2021

48. Hon'ble Nuthalapati Venkata

24/04/2021 26/08/2022
Ramana

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The Procedure of the Supreme Court of India
 The Supreme Court of India has powers to consult the President to
regulate the practice and procedure of the Court.
 The Constitutional Cases are usually decided by a bench consisting of
five judges whereas other cases are decided by a bench of at least
three judges.
 The seat of Supreme Court
 As per the Constitution of India, Delhi is declared as the seat of the
Supreme Court of India. However, the Chief Justice of India has the
power to assign another place (s) as the seat of the Supreme Court.
This is only an optional provision and not mandatory.

SC Judge Eligibility
 As per Article 124, an Indian citizen who is below 65 years of age is
eligible to be recommended for appointment as a judge of the SC if:
 he/she has been a judge of one or more High Courts, for at least 5
years, or
 he/she has been an advocate in one or more High Courts for at least 10
years, or
 he/she is in the opinion of the President, a distinguished jurist.

Oath or Affirmation
 A person appointed as a judge of the Supreme Court, before entering
upon his office, has to make and subscribe to an oath or affirmation
before the President, or some other person appointed by him for this
purpose. In his oath, a judge of the Supreme Court swears:
 to bear true faith and allegiance to the Constitution of India;
 to uphold the sovereignty and integrity of India;
 to duly and faithfully and to the best of his ability, knowledge and
judgement to perform the duties of the Office without fear or favour,
affection or ill-will; and
 to uphold the Constitution and the laws.

107
Tenure of Judges
 The Constitution has not fixed the tenure of a judge of the Supreme
Court. However, it makes the following three provisions in this regard:
 He can resign his office by writing to the President.
 He can be removed from his office by the President on the
recommendation of the Parliament.
 He holds office until he attains the age of 65 years. Any question
regarding his age is to be determined by such authority and in such
manner as provided by Parliament.

Removal of Judges

 A judge of the Supreme Court can be removed from his office by

an order of the President. The President can issue the removal order
only after an address by Parliament has been presented to him in the
same session for such removal.
 The address must be supported by a special majority of each House of
Parliament

Salaries and Allowances

 The salaries, allowances, privileges, leave and pension of the judges of
the Supreme Court are determined from time to time by the
Parliament

Acting Chief Justice

 The President can appoint a judge of the Supreme Court as an acting
Chief Justice of India when:

 the office of Chief Justice of India is vacant; or

 the Chief Justice of India is temporarily absent; or
 the Chief Justice of India is unable to perform the duties of his office.
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Ad hoc Judge
 When there is a lack of quorum of the permanent judges to hold or
continue any session of the Supreme Court, the Chief Justice of
India can appoint a judge of a High Court as an ad hoc judge of the
Supreme Court for a temporary period. He can do so only after
consultation with the Chief Justice of the High Court concerned and
with the previous consent of the president.
 The judge so appointed should be qualified for appointment as a judge
of the Supreme Court. It is the duty of the judge so appointed to
attend the sittings of the Supreme Court, in priority to other duties of
his office. While so attending, he enjoys all the jurisdiction, powers and
privileges (and discharges the duties) of a judge of the Supreme Court.

Jurisdiction and Powers of Supreme Court

Original Jurisdiction
 Original jurisdiction of a court refers to a matter for which the
particular court is approached first. In the case of the Supreme Court
in India, its original jurisdiction is covered under Article 131. It involves
the following cases: Any dispute between the Indian Government and
one or more States.

 the Centre and one or more states; or

 the Centre and any state or states on one side and one or
more states on the other; or
 between two or more states.
Writ Jurisdiction
 The Supreme Court is empowered to issue writs, including habeas
corpus, mandamus, prohibition, quo-warranto and certiorari for the
enforcement of the fundamental rights of an aggrieved citizen.

109
 In this regard, the Supreme Court has original jurisdiction in the sense
that an aggrieved citizen can go directly to the Supreme Court, not
necessarily by way of appeal.
 However, the writ jurisdiction of the Supreme Court is not exclusive.
The High Courts are also empowered to issue writs for the
enforcement of the Fundamental Rights.

Appellate Jurisdiction

The Supreme Court is primarily a court of appeal and hears appeals

against the judgements of the lower courts. It enjoys a wide appellate
jurisdiction which can be classified under four heads:

Appeals in constitutional matters

Appeals in civil matters
Appeals in criminal matters
Appeals by special leave

Advisory Jurisdiction

 The Constitution under Article 143 authorises the President to seek

the opinion of the Supreme Court in the two categories of matters:

 On any question of law or fact of public importance which has arisen or

which is likely to arise.
 On any dispute arising out of any pre-constitution treaty, agreement,
covenant, engagement, sanador other similar instruments.

A Court of Record
 As a Court of Record, the Supreme Court has two powers:
 The judgements, proceedings and acts of the Supreme Court are
recorded for perpetual memory and testimony. These records are
admitted to be of evidentiary value and cannot be questioned when
produced before any court.
 They are recognised as legal precedents and legal references.
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 It has power to punish for contempt of court, either with simple
imprisonment for a term up to six months or with fine up to 2,000 or
with both.

Power of Judicial Review

Judicial review is the power of the Supreme Court to examine the

constitutionality of legislative enactments and executive orders of both
the Central and state governments.

On examination, if they are found to be violative of the Constitution (ultra-

vires), they can be declared as illegal, unconstitutional and invalid (null
and void) by the Supreme Court. Consequently, they cannot be enforced
by the Government.

Landmark Case and Judgement by Supreme Court

Case Relevance
A.K. Gopalan SC contented that there was no violation of Fundamental
Case (1950) Rights enshrined in Articles 13, 19, 21 and 22 under the
provisions of the Preventive Detention Act, if the detention
was as per the procedure established by law. Here, the SC
took a narrow view of Article 21.
Berubari Union This case was regarding the Parliament’s power to transfer
case (1960) the territory of Berubai to Pakistan. The Supreme
Court examined Article 3 in detail and held that the
Parliament cannot make laws under this article in order to
execute the Nehru-Noon agreement. Hence, the 9th
Amendment Act was passed to enforce the agreement.
Golaknath case The questions in this case were whether amendment is a
(1967) law; and whether Fundamental Rights can be amended or
not. SC contented that Fundamental Rights are not
amenable to the Parliamentary restriction as stated in Article
13, and that to amend the Fundamental rights a
new Constituent Assembly would be required. Also stated
that Article 368 gives the procedure to amend the
Constitution but does not confer on Parliament the power to

111
 amend the Constitution.
Kesavananda This judgement defined the basic structure of the
Bharati Constitution. The SC held that although no part of the
case (1973) Constitution, including Fundamental Rights, was beyond the
Parliament’s amending power, the “basic structure of the
Constitution could not be abrogated even by a constitutional
amendment.” This is the basis in Indian law in which the
judiciary can strike down any amendment passed by
Parliament that is in conflict with the basic structure of the
Constitution.
Indira Nehru The SC applied the theory of basic structure and struck down
Gandhi v. Raj Clause(4) of article 329-A, which was inserted by the 39th
Narain case Amendment in 1975 on the grounds that it was beyond the
(1975) Parliament’s amending power as it destroyed the
Constitution’s basic features.
Maneka Gandhi A main issue in this case was whether the right to go abroad
case (1978) is a part of the Right to Personal Liberty under Article 21. The
SC held that it is included in the Right to Personal Liberty.
The SC also ruled that the mere existence of an enabling law
was not enough to restrain personal liberty. Such a law must
also be “just, fair and reasonable.”
Minerva Mills This case again strengthens the Basic Structure doctrine. The
case (1980) judgement struck down 2 changes made to the Constitution
by the 42nd Amendment Act 1976, declaring them to be
violative of the basic structure. The judgement makes it clear
that the Constitution, and not the Parliament is supreme.
Indra Sawhney SC examined the scope and extent of Article 16(4), which
and Union of provides for the reservation of jobs in favour of backward
India (1992) classes. It upheld the constitutional validity of 27%
reservation for the OBCs with certain conditions (like creamy
layer exclusion, no reservation in promotion, total reserved
quota should not exceed 50%, etc.)
S. R. Bommai In this judgement, the SC tried to curb the blatant misuse
case (1994) of Article 356 (regarding the imposition of President’s Rule
on states).
NOTA judgement This judgement introduced the NOTA (None-Of-The-Above)
(2013) option for Indian voters.
Lily Thomas and The SC ruled that any MLA, MLC or MP who was found guilty

112
Union Of India of a crime and given a minimum of 2 year imprisonment
(2013) would cease to be a member of the House with immediate
effect.
Nirbhaya Case Introduction of the Criminal Law (Amendment) Act, 2013
(2014) and definition of rape under the Protection of Children from
Sexual Offences Act, 2012, the Indian Evidence Act, 1872,
Indian Penal Code, 1860 and Code of Criminal Procedures,
1973.
National Legal This case resulted in the recognition of transgender persons
Services as a third gender. The SC also instructed the government to
Authority and treat them as minorities and expand the reservations in
Union of India education, jobs, education, etc.
(2014)
Triple Talaq The SC outlawed the backward practice of instant ‘triple
Judgement talaq’, which permitted Muslim men to unilaterally end their
(2016) marriages by uttering the word “talaq” three times without
making any provision for maintenance or alimony. Read
about the Triple Talaq Bill, 2019.
Right To Privacy The SC declared the right to privacy as a Fundamental Right
(2017) protected under the Indian Constitution.
Repealing The SC ruled that Section 377 was unconstitutional “in so far
Section 377 as it criminalises consensual sexual conduct between adults
(2018) of the same sex.”
L Chandra Kumar The SC ruled that the power of judicial review vested in the
Case (1997) Supreme Court and High Courts by Articles 32 (Right to
Constitutional Remedies) and 226 respectively is a part of
the basic structure of the Constitution.
Puttuswamy This SC judgement protects individual rights against the
Case (2017) invasion of one’s privacy.
Habeas Corpus A much-criticised judgement of the SC, in which the majority
Case (1976) ruling went against individual freedom and seemed to favour
the state. Justice Khanna’s dissent is also well-known.
Romesh Thapar Here, the SC held that the freedom of speech and expression
Case (1950) includes freedom of propagation of ideas that can only be
ensured by circulation.

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Article related to Supreme Court
124 Establishment and constitution of Supreme Court.
124A National Judicial Appointments Commission. (Declared
unconstitutional by the Supreme Court, however not repealed by the
Parliament)
124B Functions of Commission.
124C Power of Parliament to make law.
125 Salaries, etc., of Judges.
126 Appointment of acting Chief Justice.
127 Appointment of ad hoc judges.
128 Attendance of retired Judges at sittings of the Supreme Court.
129 Supreme Court to be a court of record.
130 Seat of Supreme Court.
131 Original jurisdiction of the Supreme Court.
131A [Repealed.]
132 Appellate jurisdiction of Supreme Court in appeals from High Courts in
certain cases.
133 Appellate jurisdiction of Supreme Court in appeals from High Courts in
regard to Civil matters.
134 Appellate jurisdiction of Supreme Court in regard to criminal matters.
134A Certificate for appeal to the Supreme Court.
135 Jurisdiction and powers of the Federal Court under existing law to be
exercisable by the Supreme Court.
136 Special leave to appeal by the Supreme Court.
137Review of judgments or orders by the Supreme Court.
138 Enlargement of the jurisdiction of the Supreme Court.
139 Conferment on the Supreme Court of powers to issue certain writs.
139A Transfer of certain cases.
140 Ancillary powers of Supreme Court.
141 Law declared by Supreme Court to be binding on all courts.
142 Enforcement of decrees and orders of Supreme Court and orders as to
discovery, etc.
143 Power of President to consult Supreme Court.
144 Civil and judicial authorities to act in aid of the Supreme Court.

114
144A [Repealed.]
145 Rules of Court, etc.
146 Officers and servants and the expenses of the Supreme Court.
147 Interpretations.

115
 WBCS EXECUTIVE EXAMINATION
Comptroller and Auditor General

The Comptroller and Auditor General of India is the Constitutional

Authority in India, established under Article 148 of the Constitution of
India.

Comptroller and Auditor General

Under Part – V Article 148-151 Appointed by

President

First CAG – V. Narahari Rao

 Article related to Comptroller and Auditor General

Article Subject
148 Comptroller and Auditor-General of India.
149 Duties and powers of the Comptroller and Auditor-General.
150 Form of accounts of the Union and of the States.
151 Audit reports.

Functions of the CAG of India

1. He audits all transactions of the Central and State Governments related
to debts, deposits, funds, etc.
2. He audits the accounts of any other authority when requested by
the President or Governor. For example, local bodies.
3. He advises the President with regard to the prescription of the form as
to how the records of Centre and State shall be kept.

116
4. He submits his report relating to the Centre to the President, who then
places it before both houses of Parliament.
5. He submits his report relating to State to the Governor, who then
places them before State Legislature.
6. He ascertains and certifies the net proceeds of any tax or duty, and his
certificate is final on the matter.
7. He submits three audit reports to the President:
a. Audit report on appropriation accounts.
b. Audit report on financial accounts.
c. Audit report on public undertakings.

Powers of the Comptroller and Auditor General of India

Article 148 of the Constitution of India establishes the authority of this

office. It states the following points in relation to the establishment and
powers of CAG:
1. The person appointed to this office should take an oath of office
before the President or any other person appointed by the office of
the President.
2. The Comptroller and Auditor General is appointed by the President
of India and can be removed from office only in the manner and on
the grounds that a Judge of the Supreme Court is removed.
3. The CAG is not eligible for any further office after the end of their
tenure either in the Government of India or any State Government.
4. The expenses on the administration of this office including all
allowances, salaries and pensions would be charged to
the Consolidated Fund of India.
5. The incumbent is appointed for a period of 6 years or until
attaining the age of 65 years whichever is earlier.

117
List of Comptroller & Auditor General of India
List of Comptroller & Auditor General of India Term
V. Narahari Rao 1948 -1954
A.K Chanda 1954 -1960
A.K Roy 1960 -1966
S. Ranganathan 1966 -1972
A.Bakshi 1972 -1978
Gian Prakash 1978 -1984
T.N Chaturvedi 1984 -1990
C.G Somiah 1990 -1996
V.K Shunglu 1996 – 2002
V. N. Kaul 2002 – 2008
Vinod Rai 2008 – 2013
Shashi Kant Sharma 2013 – 2017
Rajiv Mehrishi 2017 – Aug 2020
Girish Chandra Murmu Present

118
 WBCS EXECUTIVE EXAMINATION
ATTORNEY & ADVOCATE GENERAL

ATTORNEY GENERAL

Article 76 Union list Part v

 ATTORNEY GENERAL:

 The Attorney General for India is appointed by the President of India

under Article 76(1) of the Constitution of India and holds office during
the pleasure of the President.

 ATTORNEY GENERAL is the law officer of the country.

 President of India appoints a person who is qualified for the post

of Supreme Court Judge. Attorney General is appointed by the
President on the advice of the government.
 He should be an Indian citizen.
 He must have either completed 5 years in High Court of any
Indian state as a judge or 10 years in High Court as an
advocate.
 He may be an eminent jurist too, in the eye of the President.

 There is no fixed term for the Attorney General of India. The

Constitution mentions no specified tenure of Attorney General.
 The Attorney General (AG) of India is a part of the Union Executive. He
is the highest law officer in the country. He can be part of any court in
the Indian Territory.
 He has no right to vote when he participates in the proceedings of the
Indian Parliament.
 The Attorney General has the right to speak and to take part in the
proceedings of both the Houses of Parliament or their joint sitting and
119
 any committee of the Parliament of which s/he may be named a
member but without a right to vote.
 Whichever legal matters are referred to him by the President, he
advises the Union government upon the same.
 In any legal case where the government of India is related to, the
Attorney General has to appear in the Supreme Court on its behalf.

Name of the Attorney General Tenure

M.C. Setalvad 28 January 1950 – 1 March 1963
C.K. Daftari 2 March 1963 – 30 October 1968
Niren de 1 November 1968 – 31 March 1977
S.V. Gupte 1 April 1977 – 8 August 1979
L.N. Sinha 9 August 1979 – 8 August 1983
K. Parasaran 9 August 1983 – 8 December 1989
9 December 1989 – 2 December
Soli Sorabjee
1990
3 December 1990 – November 23
J. Ramaswamy
1992
Milon K. Banerji 21 November 1992 – 8 July 1996
Ashok Desai 9 July 1996 – 6 April 1998
Soli Sorabjee 7 April 1998 – 4 June 2004
Milon K. Banerjee 5 June 2004 – 7 June 2009
Goolam Essaji Vahanvati 8 June 2009 – 11 June 2014
Mukul Rohatgi 12 June 2014 – 30 June 2017
K.K. Venugopal 30 June 2017 till date

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 WBCS EXECUTIVE EXAMINATION
THE GOVERNOR
A governor is a government leader and head of a province, ranking
under the President of a Country or a Nation.

Governor

Part VI Article 152-162 Concept –GOI Act 1935

Nominal Head of President

the state Representative

 Governor is a sub under union list

 Part VI, Articles 152-162
 Concept taken from-GOI act 1935
 Governor is the nominal head of state
 All the executive action of the state govt. shall be taken in the name of
Governor.
 Governor is an agent to the centre .Governor Submitted report to the
president office (in every 15days)
 Salary or allowance of Governor shall be determined by the
parliament.
 The salary shall be changed on Consolidated Fund of the state. But
after retirement the pension shall be Charge on Consolidated fund of
India.
 Governor salary - 3.5 lakhs.
 Governor is the part of state legislature.
 After 7th amendment act of 1956 it is possible to appointment same
person as a governor for more than one state
 When the governor is acting as a governor for more than 1 state than
his salary should be same (salary determine by the president in
cancellation with two state legislatures).

121
Article related to Governor

153 Governors of States.

154 Executive power of State.
155 Appointment of Governor.
156 Term of office of Governor.
157 Qualifications for appointment as Governor.
158 Conditions of Governor’s office
159 Oath or affirmation by the Governor.
Discharge of the functions of the Governor in certain
160
contingencies.
Power of Governor to grant pardons, etc., and to suspend,
161
remit or commute sentences in certain cases.
162 Extent of executive power of State.

Does Governor have a fixed term of office?

Inasmuch as the Governor holds office during the pleasure of the

President, there is no security of his tenure. He can be removed by the
President at any time.

Who is qualified to become a Governor?

 Unlike Lok Sabha or Rajya Sabha members or even in the case of Prime
Minister or President who have a set of qualifications to meet to hold
the office; Governor has to meet only two qualifications:
 He should be an Indian Citizen
 He should be 35 years old or more
 Note: There are two conventions that the government follows before
nominating a person as a Governor:
 That person is not appointed as the governor who belongs to the state.
He shall be an outsider having no relation with the state he is being
appointed to.

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 Consultation of the Chief Minister is taken by the President before
appointing a governor

There are a few conditions for a person to be appointed as a

Governor:
 He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a
member of either of the house, he should vacate the seat on his first
day as Governor in the office.
 He should not hold any office of profit.
 For his residence, Raj Bhavan is provided to him without the payment
of rent.
 Parliament decides his emoluments, allowances, and privileges.
 When a governor is responsible for two or more states, the
emoluments and allowances payable to him are shared by the states in
such proportion as the President may determine.
 Parliament cannot diminish his emoluments and allowances during his
term of office.
 He is given immunity from any criminal proceedings, even in respect of
his personal acts
 Arrest or imprisonment of the Governor cannot take place. Only civil
proceedings can be initiated for his personal acts that too after giving
two months’ of prior notice.

Powers and functions of the Governor

 Executive Powers of the Governor:

Every executive action that the state government takes is to be taken in his name.

 He appoints the advocate general of states and determines their

remuneration
 He appoints the following people:
 State Election Commissioner
 Chairman and Members of the State Public Service Commission

123
  Vice-Chancellors of the universities in the state
 He seeks information from the state government
 A constitutional emergency in the state is recommended to the
President by him.

Legislative Powers of the Governor

 It’s in his power to prorogue the state legislature and dissolve the state
legislative assemblies
 He addresses the state legislature at the first session of every year
 If any bill is pending in the state legislature, Governor may/may not
send a bill to the state legislature concerning the same
 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
 As President nominates 12 members in Rajya Sabha, Governor
appoints ⅙ of the total members of the legislative council from the
fields of: Literature, Science, Art , Cooperative Movement, Social
Service
 As President nominates 2 members in the Lok Sabha, Governor
nominates 1 member in state legislative assembly from Anglo-Indian
Community.
 He can consult Election Commission for the disqualification of
members
 With respect to the bill introduced in the state legislature, he can:
 Give his assent
 Withhold his assent
 Return the bill

Financial Powers of the Governor

The following are the financial powers and functions of the

Governor:
 He looks over the state budget being laid in the state legislature

124
  His recommendation is a prerequisite for the introduction of
a money bill in the state legislature


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:

 Pardon
 Reprieve
 Respite
 Remit
 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.

What are the Pardoning Powers of the Governor?

The Governor can pardon, grant a reprieve, a respite, suspend or
commute the punishment of any person convicted of any offence against
state law. The Governor cannot, however, pardon a death sentence. Only
suspend or remit is allowed. Only the President has the power to pardon a
death sentence.

Other important points:

 He ordinance issued by the governor is valid for a minimum period of

six month and six week.
 The resignation of go corner shall be submitted to president.
 Governor is bound to give his ascent5 in case in the money bill, no bill
can be made an act without the scent of governor.
 Governor constitute a finance commission for a five years

125
 Governor acts as the chancellor of university in a state
 Governor also appointment the V.C of university in a state.
Governor appointment C.M and other minister, advocate general
state election commissioner, chairman and members of SPSC, state
PSC, District judge
 Governor has some special responsibility regarding ST or some specific
areas.
 First governor of W.B –C.R Gopalachari
 First woman governor of W.B Padmaja Naidu
 First governor in India – Sarajini Naidu
 Governor can be removed by president.

126
 WBCS EXECUTIVE EXAMINAT
CHIEF MINISTER AND COUNCIL OF MINISTER

CM & COM

Sub- State List

Part-VI C.M appoint
C.M is the By Governor
leader of
state
legislature

INTRODUCTION :In the Republic of India, a chief minister is the

elected head of government of each state out of the 28states and
sometimes a union territory (currently, only the UTs
of Delhi and Puducherry have serving Chief Ministers). According to
the Constitution of India, the Governor is a state's head, but de
facto executive authority rests with the chief minister.

Article related to CM
Article The governor is advised by the council of ministers which is
163 headed by the Chief Minister.
Note: When the governor acts at his own discretion, no advice
is needed by the council
Article Governor appoints Chief Minister and later Chief Minister
164 recommends Governor on the appointment of ministers
Article Chief Minister has to communicate all administrative decisions
167 that are taken up by him and the council of ministers to the
governor

1. Appointment :- CM will be appoint by the governor of the state

(exceptionally - C.M is Delhi & Puducherry will be appointed by the
president) Art – 239

127
Qualification:
A chief minister must be:
 A citizen of India.
 Should be a member of the state legislature.
 25 years of age or more.

Term of Office of CM:

 They are elected for five years.
 The chief minister shall hold office during the pleasure of the governor.
 Governor cannot remove him any time.
 Governor cannot even dismiss him till the time he enjoys the support
of the majority of the house.
 When CM loses his majority support, he has to resign and Governor
dismisses him then.

Oath / term / salary:-

 Who takes the oath of Chief Minister?
 Oath. Since, according to the constitution, the chief minister is
appointed by the governor, the swearing in is done before the
governor of the state.

 The term of C.M depends as long as he/she enjoys. The majority

support in Bidhan Sabha. It is not more than 5 year.
 The salary of CM will be taken from public account fund of state.

Other important points which are frequently asked -

 C.M recommends to the governor on who to appoint as ministers
 C.M designates or reshuffles the portfolios of the ministers
 C.M can ask a minister to resign
 C.M report to the governor, information about the administrative
affairs if and when asked by the governor
 He gives his advice to the governor for the appointment of Advocate-
General,PSC Chairman ,The State Election Commissioner
 Meeting of the council of ministers is headed by C.M

128
 All activities of the ministers are guided and controlled by the Chief
Minister
 If C.M resigns, the entire council of ministers collapses.
 Before a governor prorogues and summons the sessions of the state
legislature, the Chief Minister’s advice is a must
 Legislative Assembly can be dissolved at any time on his
recommendation to the governor.
 Sucheta Kripalani was an Indian freedom fighter and politician. She
was India's first woman Chief Minister, serving as the head of the Uttar
Pradesh

List of Chief Minister of West Bengal

Sl.No Chief Minister From To Party Name
05 May Present
1 Mamata Banerjee All India Trinamool Congress
2021
26 May 04 May
2 Mamata Banerjee All India Trinamool Congress
2016 2021
20 May 25 May
3 Mamata Banerjee All India Trinamool Congress
2011 2016
Buddhadeb 18 May 13 May Communist Party of India
4
Bhattacharya 2006 2011 (Marxist)
Buddhadeb 15 May 17 May Communist Party of India
5
Bhattacharya 2001 2006 (Marxist)
Buddhadeb 06 Nov 14 May Communist Party of India
6
Bhattacharya 2000 2001 (Marxist)
16 May 05 Nov Communist Party of India
7 Jyoti Basu
1996 2000 (Marxist)
19 Jun 15 May Communist Party of India
8 Jyoti Basu
1991 1996 (Marxist)
30 Mar 18 Jun Communist Party of India
9 Jyoti Basu
1987 1991 (Marxist)
24 May 29 Mar Communist Party of India
10 Jyoti Basu
1982 1987 (Marxist)
21 Jun 23 May Communist Party of India
11 Jyoti Basu
1977 1982 (Marxist)
30 Apr 20 Jun Communist Party of India
12 President's rule
1977 1977 (Marxist)
13 Siddhartha Shankar 20 Mar 30 Apr INC

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 Ray 1972 1977
29 Jun 20 Mar
14 President's rule
1971 1972
Ajoy Kumar 02 Apr 28 Jun
15 INC
Mukherjee 1971 1971
30 Jul 02 Apr
16 President's rule
1970 1971
19 Mar 30 Jul
17 President's rule
1970 1970
Ajoy Kumar 25 Feb 16 Mar
18 Bangla Congress (United Front)
Mukherjee 1969 1970
20 Feb 25 Feb
19 President's rule
1968 1969
Prafulla Chandra 21 Nov 19 Feb
20 Independent
Ghosh 1967 1968
Ajoy Kumar 01 Mar 21 Nov
21 Bangla Congress (United Front)
Mukherjee 1967 1967
09 Jul 28 Feb
22 Prafulla Chandra Sen INC
1962 1967
03 Apr 01 Jul
23 Bidhan Chandra Roy INC
1962 1962
06 Apr 02 Apr
24 Bidhan Chandra Roy INC
1957 1962
31 Mar 05 Apr
25 Bidhan Chandra Roy INC
1952 1957
26 Jan 30 Mar
26 Bidhan Chandra Roy INC
1950 1952
23 Jan 25 Jan
27 Bidhan Chandra Roy INC
1948 1950
Prafulla Chandra 15 Aug 22 Jan
28 INC
Ghosh 1947 1948

State Council Minister

State Council of Ministers is similar to Central Council of Ministers. The

state council is headed by the Chief Minister. The council comprises
ministers appointed by the governor on the recommendation of the CM.

Appointment of council of Ministers

They are appointed by the governor on the advice of the CM.

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Composition of Council of Ministers
 The size of the council is not mentioned in the Indian Constitution.
Chief Minister decides the size and the rank of the ministers as per the
requirement in the State Legislature.
 There are three categories of Council of Ministers:

1. Cabinet Ministers
2. Ministers of State
3. Deputy Ministers

Articles Provision
163 Council of Ministers to aid and advise Governor
164 Other provisions as to Ministers
166 Conduct of business of the Government of a State
167 Duties of Chief Minister as respects the furnishing of information to
Governor, etc.

Note: COM is collectively responsible to the Legislature but as Minister

individually responsible to the Governor.

131
 WBCS EXECUTIVE EXAMINATION
State Legislature
State Legislature

Unicameral State Bicameral State

Vidhan Sabha Legislative Legislative

assembly/Vidhan Council/Vidhan
Sabha Parishad

 Note: West Bengal Is an Example of Unicameral State. The West

Bengal Legislative Assembly passed the resolution for the abolition of
the Legislative Council on 21 March 1969. Later the Parliament of India
passed the West Bengal Legislative Council (Abolition) Act, 1969 for
abolishing the Legislative Council with effect from 1 August 1969.

 As of 2022, 6 out of 28 states have a State Legislative Council. These

are Andhra Pradesh, Karnataka, Telangana, Maharashtra, Bihar, and
Uttar Pradesh.

 Vidhan Parishad is not a compulsory house. It can be created or

abolished by the parliament on the recommendation of Vidhan Sabha
of the concern state but bill should be passed in Vidhan sabha by
Special majority and it is passed in the parliament through simple
majority

 Introduction: State legislature is the highest legislative body in a

particular state, its main function is to make laws for the concern state.

132
 Detailed provision of state legislature mention under part V of the
constitution (* article 168-212)

Legislative Assembly

 Qualifications of Members of Legislative Assembly

 A person shall not be qualified to be selected to occupy a seat in the
Legislature of a State unless he/she
a) is an Indian citizen;
b) is 25 years or above for Legislative Assembly, and is 30 or
above for Legislative Council
Total number of State Legislative assembly in India -31
Members of SLA Directly elected by the people of the concern states
Normal strength of SLA of W.B 294 MLA
At present U.P has maximum Strength 403 MLA

Facts about Speaker & Deputy Speaker of state legislature:

 A Speaker vacates his office if he ceases to be a member of the
Assembly.
 He may also resign his office at any time.
 A speaker may be removed from office by a resolution of the Assembly
passed by a majority of all the then members of the Assembly after
fourteen days’ notice of the intention to move such a resolution.
 Speaker does not vacate his office on the dissolution of the Assembly.
 He continues to be the Speaker until immediately before the first
sitting of the Assembly after the dissolution.
 While the office of the Speaker is vacant, the Deputy Speaker performs
his duties.
 The duties and powers of the Speaker are, broadly speaking the same
as those of the Speaker of the House of the People (Lok Sabha).
 Speaker shall be elected by the all members of SLA

133
Presiding Officers in Vidhan Sabha
The Speaker is responsible for conducting all the meetings of the Vidhan
Sabha. The Deputy Speaker presides over the house when the Speaker is
absent. The Speaker manages the debates and discussions in the Vidhan
Sabha and takes a neutral judgment. Both the Speaker and the Deputy
Speaker are elected by the majority vote of the members of the Assembly.

Power of State Legislative Assembly

 A motion of no confidence can only be initiated in the Vidhan

Sabha.
 In the case of money bill, the Vidhan Sabha is the sole authority.
 In ordinary bills, the decision of the Vidhan Sabha is final.
 By a majority of two-thirds, the Vidhan Sabha can ask the President
to create or dissolve the Vidhan Parishad.
 It has the powers to make laws on every subject in the state list and
concurrent list.
 The members of the legislative assembly play a role in electing the
President of India. The elected members of the legislative
assemblies and the Parliament elect the President.

List Showing the Number of Assembly Constituencies in Each State

State No. of Assembly
Constituencies
Andhra Pradesh 175
Arunachal Pradesh 60
Assam 126
Bihar 243
Chhattisgarh 90
Delhi 70
Goa 40
Gujarat 182
Haryana 90
Himachal Pradesh 68
Jammu and Kashmir 87

134
Jharkhand 81
Karnataka 224
Kerala 140
Madhya Pradesh 230
Maharashtra 289
Manipur 60
Meghalaya 60
Mizoram 40
Nagaland 60
Orissa 147
Punjab 117
Pondicherry 30
Rajasthan 200
Sikkim 32
Tamil Nadu 234
Telangana 119
Tripura 60
Uttarakhand 70
Uttar pradesh 403
West Bengal 294

State Legislative Council/Vidan Parishad

 Six States having a Legislative Council: Andhra Pradesh, Telangana,

Uttar Pradesh, Bihar, Maharashtra, Karnataka.
 Recently, the Jammu & Kashmir Legislative Council has been
abolished through the J&K Reorganisation Bill, 2019, which reduced
the State of J&K to the Union Territories of J&K and Ladakh.
 Abolition or Creation - Article 169
 The Parliament can abolish a legislative council (where it already
exists) or create it (where it does not exist) by a simple
majority, that is, a majority of the members of each House present

135
 and voting, if the legislative assembly of the concerned state, by a
special majority, passes a resolution to that effect.
 Special majority implies
 A majority of the total membership of the assembly and
 A majority of not less than two-thirds of the members of the
assembly present and voting.
 Composition
 Under Article 171 of the Constitution, the Legislative Council of a
state shall not have more than one-third of the total strength of the
State Assembly, and not less than 40 members.
 Like the Rajya Sabha, the legislative council is a continuing
chamber, that is, it is a permanent body and is not subject to
dissolution. The tenure of a Member of the Legislative Council
(MLC) is six years, with one-third of the members retiring every two
years.
 Manner of Election
 One-third of the MLCs are elected by the state’s MLAs,
 Another 1/3rd by a special electorate comprising sitting members
of local governments such as municipalities and district boards,
 1/12th by an electorate of teachers and another 1/12th by
registered graduates.
 The remaining members are appointed by the Governor for
distinguished services in various fields namely, literature, science,
art, cooperative movement and social service.

States Elected Nominated Total

Members Members Members
Andhra Pradesh Legislative 50 8 58
Council
Bihar Legislative Council 63 12 75
Karnataka Legislative 64 11 75
Council
Maharashtra Legislative 66 12 78
Council

136
Telangana Legislative 34 6 40
Council
Uttar Pradesh Legislative 90 10 100
Council

137
 WBCS EXECUTIVE EXAMINATION
HIGH COURT
1. Article 214 of Indian Constitution related to High Court.
2. Article 231 empowers the parliament to setup one High Court for two or
more stats.
3. At present total no. Of High Court in India – 25.

Supreme Court

High Court

Sub Ordinate

History of High Court:-

1. The first high courts to be established were -
 Calcutta
 Bombay
 Madras - (1862 ,1st July)
2. Newest High court of India- Andhra Pradesh & Telengana High court (2019).
3. Delhi, and Jammu Kashmir is the only Union territory which has separate
High court

Composition and appointment of judges of High Court:-

1. High court Consist 1 CJH and some other Judges
2. The number of other judges is not finding in constitution and leaves it on
desertion of president. ( Depending on work lord )
3. Appointed by President.

Qualification:
1. Citizen of India
2. He should either be-
 Holding a judicial for not less than 10 years in territory of India.
 Advocate of High court for at least 10 years in succession.

138
Appointment of Judges :-
 The judges and CJ are Appointment by president.
 The chief justice of HC is appointed by the president by consultation with CJI
and governor of state.
Oath:-
 CJH and judges of high court take oath before governor.
Term of office
 A judge of HC holds office till he attains the age 62 year.
 He can remove by president on the recommendation of parliament.
Process of Removal of HC judge:-
1. A judge can remove by president on the grounds of in capacity or miss
behavior.
2. Motion to remove can be introduced in any house of parliament.
3. It must be introduced by 100 member in L.S or so member in R.S where ever
it is introduced.
Jurisdiction:-
1. Original jurisdiction
2. Appellate jurisdiction
Subordinate Court

Court Of District Court Of Session Revenue Court

Judge Judges

Civil Court 1. Criminal Court Agriculture Land,

Cases Dealing With Cases Velate With Land Revenue
Land, Transaction, Criminal Offence
Fund like Murder, Look
Dacoit.

1. Under Article ( 233 – 237) part 6

2. Also known as lower court
3. It works under high court

139
Qualification:
1. Citizen of India.
2. Should not hold any office of Profit
3. Must have experience as lawyer 7 years or more
4. Should recommend by HC.
5. Appointed by governor or the advice of HC.

Subordinate Court

District Court Session Court Board of Revenue

Sub Judge Court of Justical Magistrate 1st Commissioner

Court Class Court

Munsif Court COJM 2ND CLASS Collector Court

Small Court COJM 3RD CLASS Tehsildar Court

Original jurisdiction (131) :-

All the matters or disputes concerned with Indian federalism are resolved
by this jurisdiction. The Supreme Court will solve disputes between center
and state.
Between different state.
Centre and one state vs other state.
The power of original jurisdiction is held only by the SC.
Appellate (133 - 134)
Appellate:-
 Jurisdiction is the power by which if a person is not satisfied with the
decisions of lower court, he may appeal in high court.
 Decision given by the SC is billing on all lower court.
 Decision given by the SC is biling on all lower court.

140
Write (32):-
 Write is a legal document issued by a Court or judicial officers.
 Writ can be issued by SC and JC to enforce fundamental right.
Five Types:-
Habeas Corpus
Mandamus
Prohibition
Certiorari
Quo-warranto

Article related to High Court and Sub Ordinate Court

214 High Courts for States.
215 High Courts to be courts of record.
216 Constitution of High Courts.
217 Appointment and conditions of the office of a Judge of a High Court.
218 Application of certain provisions relating to Supreme Court to High
Courts.
219 Oath or affirmation by Judges of High Courts.
220 Restriction on practice after being a permanent Judge.
221 Salaries, etc., of Judges.
222 Transfer of a Judge from one High Court to another.
223 Appointment of acting Chief Justice.
224 Appointment of additional and acting Judges.
224A Appointment of retired Judges at sittings of High Courts.
225 Jurisdiction of existing High Courts.
226 Power of High Courts to issue certain writs.
226A [Repealed]
227 Power of superintendence over all courts by the High Court.
228 Transfer of certain cases to High Court.
228A [Repealed]
229 Officers and servants and the expenses of High Courts.
230 Extension of jurisdiction of High Courts to Union territories.
231 Establishment of a common High Court for two or more States.

141
CHAPTER VI: SUBORDINATE COURTS
233 Appointment of district judges.
233A Validation of appointments of, and judgments, etc., delivered by,
certain district judges.
234 Recruitment of persons other than district judges to the judicial
service.
235 Control over subordinate courts.
236 Interpretation.
237 Application of the provisions of this Chapter to certain class or classes
of magistrates.

142
 WBCS EXECUTIVE EXAMINATION
THE PANCHAYATI RAJ SYSTEM

Zila Parishad

Panchayat Samiti

Gram Panchayat

Introduction: three-tier structure of the Indian administration for rural

development is called Panchayati Raj. The aim of the Panchayati Raj is to
develop local self-governments in districts, zones and villages.

Balwant Rai Mehta was a parliamentarian who is credited for pioneering

the concept of the Panchayati Raj in India and was also known as the
'Father of Panchayati Raj'

The main objective of Panchayati Raj system is Decentralized Democracy.

Panchayat Raj System in India aims to build democracy at the grass-root
level. The term Panchayat Raj signifies the system of rural local self-
government. Decentralized Democracy the main objective or motto of
the Panchayat Raj System.

Proposal: - The concept of Panchayati Raj was fast proposed by Mahatma

Gandhi as mentioned under DPSP in Art. 40.

Evolution:-In 1956 Balwant Rai Mehta appointed and it submitted a report on

community development programme in 1957. The committee recommended for
the introduction of three tiers Panchayat Raj system in India. First type will be
village panchayat, second type will be panchayat samiti and highest type will be
district Council.

Inauguration:-
2 October 1959, The system later came to be known as Panchayati Raj,
which was inaugurated by the then Prime Minister Pandit Jawaharlal
Nehru on 2 October 1959 at Nagpur in Rajasthan. The first elections under
143
the Rajasthan Panchayat Samitis and Zilla Parishads Act, 1959 were held in
September-October 1959
West Bengal panchayati Raj system was introduced in - 1978.

Constitutional Provision:-
73rd Amendment of Panchayati Raj in India. The 73rd Amendment 1992
added a new Part IX to the constitution titled “The Panchayats” covering
provisions from Article 243 to 243(O); and a new Eleventh Schedule
covering 29 subjects within the functions of the Panchayats.

Article related to Panchayati Raj

243 Definitions.
243A Gram Sabha.
243B Constitution of Panchayats.
243C Composition of Panchayats.
243D Reservation of seats.
243E Duration of Panchayats, etc.
243F Disqualifications for membership.
243G Powers, authority and responsibilities of Panchayats.
243H Powers to impose taxes by, and Funds of, the Panchayats.
243-IConstitution of Finance Commission to review financial position.
243J Audit of accounts of Panchayats.
243K Elections to the Panchayats.
243L Application to Union territories.
243M Part not to apply to certain areas.
243N Continuance of existing laws and Panchayats.
243-OBar to interference by courts in electoral matters.

Structure :-
 Village assembly –it is a general body consisting of all the eligible voters of
the village. In W.B it is known as gram sabha.
 Village panchayat –1st tier of Panchayat Raj it works at villege level.
 Block panchayat – 2nd tier of Panchayat Raj at works at block level.
 District council – 3rdtier of Panchayat Raj it works at district level.

144
Education/duration/reservation: - The election is conducted by State
election commission after every 5 year. According to 73rd amendment act ⅓
women reservation was secured. Presently it is increased to 50%.

Functions: - Functions of Panchayat Raj can be classified into categories

obligatory and optional.

 Three type of Panchayat Raj system is variously known by different states,

some of them are –

Name Of The Villege Block

District Council
States Panchayat Panchayat
Gram
A.P Mandal Parishad Zila Parishad
Panchayat
Arunachal Gram
Anchal Samiti Zila Parishad
Pradesh Panchayat
Gram
Chhattisgarh Janpad Zila Panchayat
Panchayat
Villege
Gujarat Taluka Panchayat District Panchayat
Panchayat
Villege
M.P Block Panchayat District Panchayat
Panchayat
Gram Autonomous District
Manipur Zila Panchayat
Panchayat Council
Villege
T.N Panchayat Union District Panchayat
Panchayat
Gram Kshetra
U.P Zila Panchayat
Panchayat Panchayat
Gram Inter Midiate Pan
UttoraKhand District Panchayat
Panchayat Chat
Gram
W.B Panchayat Samiti Zila Parisad
Panchayat

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Committee related to Panchayati Raj

Committee Name Appointment Year

Ashok Mehta Committee 1977
G V K Rao Committee 1985
L M Singhvi Committee 1986

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 WBCS EXECUTIVE EXAMINATION
MUNICIPALITY

Municipality

SUB- STATE LIST PART IX -A ARTICLE- 243 P – 243

ZG
12 schedules related with
Municipality

The constitution 74th Amendment Act 1992, relating to Municipalities

(Urban local Government) was passed by the parliament in 1992. The
provisions in this amendment are included in Part IXA which came into
force on June 1, 1993. Therefore, it gave a constitutional foundation to the
local self-government units in urban areas

Municipality - Historical Background

 The system of local self-government was well established before the
invasion of the British in India.
 The old system of self-contained village Panchayats was dismantled in
the modern administrative setup based on the British model.
 The first municipal corporation in India was established in Madras in
1688. Later Municipal corporations were established in Bombay and
Calcutta in 1726.
 The viceroy of India, Lord Rippon, issued a resolution of Local Self-
Government in 1882.
 In India, Lord Rippon is known as the "Father of Local Self
Government."
 In the Government of India Act of 1935, the local self-government was
declared a provincial subject under the provincial autonomy scheme.
 Mahatma Gandhi strongly in Gram Swaraj and he pleaded for the
transfer of power to the rural masses.

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Evolution of Municipality
 The Community Development Programme was started on 2nd October
1952. The second experiment was the launch of the National Extension
Scheme in 1953. However, this program was not successful.
 Few committees were set up to look after the problem of democratic
decentralization in India.
 Examples: Balwant Rai Mehta Committee, 1957; Ashok Mehta
Committee, 1977; GVK Rao Committee, 1985 and L.M Singhvi
Committee, 1986.
 Based on the committee's reports, the Government of India
introduced the 64th Amendment Bill on local government in 1989 in
the Parliament, but it failed to get the required support.
 A second attempt was made in 1990 to pass the bill, however, lapsed
due to the dissolution of the Parliament.
 Finally, the Bill was passed in 1992 as the 73rd and 74th Amendment
Act, 1992. It was passed during the term of P.V. Narasimha Rao as the
Prime Minister.

Municipality - Constitutional Provisions

 The 74th Amendment Act, 1992 has inserted a new Part IX A into the
Constitution which deals with the administration of Municipalities and
Nagar Palikas.
 It consists of Article 243P to 243ZG. It also added a new twelfth
schedule to the Constitution. The 12th schedule consists of 18 items.

Article Related to Municipalities.

243P Definitions.
243Q Constitution of Municipalities.
243R Composition of Municipalities.
243S Constitution and composition of Wards Committees, etc.
243T Reservation of seats.
243U Duration of Municipalities, etc.
243V Disqualifications for membership.
243W Powers, authority and responsibilities of Municipalities, etc.
243X Power to impose taxes by, and Funds of, the Municipalities.
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243 Finance Commission.
243Z Audit of accounts of Municipalities.
243ZA Elections to the Municipalities.
243ZB Application to Union territories.
243ZC Part not to apply to certain areas.
243ZD Committee for district planning.
243ZE Committee for Metropolitan planning.
243ZF Continuance of existing laws and Municipalities.
243ZG Bar to interference by Courts in electoral matters.

Composition of Municipalities (Article 243R)

 All the members of a municipality would generally be elected directly
by the people of the municipal area from territorial constituencies.
 The Chairman shall be elected in a manner provided by the Legislature.
The legislature of a State may by law provide for representation in the
municipality, without right to vote in the meetings of the Municipality,
of the following people:
 Persons of special knowledge or experience in Municipal
administration.
 Members of Lok Sabha, Rajya Sabha; state legislative assembly, state
legislative council.
 The Chairpersons of committees constituted other than ward
committees.
Duration of Municipalities (Article 243Q)

 Every Municipality has a term of five years and every municipality is

given a reasonable opportunity to be heard before its dissolution.
 Elections to constitute a Municipality shall be completed before the
expiry of the period of 5 years, and in case of dissolution earlier the
elections must be conducted within 6 months of the dissolution.

Qualification for Membership Of Municipalities

 Article 243V provides that all the persons who are qualified to be
chosen to the state legislature shall be qualified for being a member of
a Municipality.

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 The minimum age for contesting elections is 21 years.
 Disqualification: All the questions of disqualification shall be referred
to such authority as the state legislature determines.

Powers and Functions of the Municipalities

 All municipalities would be empowered with such powers and

responsibilities as may be necessary to enable them to function as
effective institutions of self-government.
 The State Legislature may, by law, specify what powers and
responsibilities would be given to the municipalities in respect of
preparation of plans for economic development and social justice and
for implementation of schemes as may be entrusted to them.
 An illustrative list of functions that may be entrusted to the
municipalities has been incorporated as the Twelfth Schedule of the
Constitution.
Types of Urban Government
 There are eight types of urban governments in India.
 Municipal Corporation
 Municipal Corporations are created for the administration of big cities.
 A Municipal Corporation consists of three different authorities.
 Municipal Council, Standing committees, and Municipal Commissioner
 The council consists of councillors directly elected by people and
is headed by a Mayor while the Commissioner is appointed by the
state government and is generally an IAS officer.

Municipality
 Municipalities are responsible for the administration of small towns
and cities. They are structured similarly to municipal corporations, with
the exception that the president/chairman is the head of council, and
instead of a commissioner, they have a chief executive officer/chief
municipal officer.

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 It has various other names like the municipal council, municipal
committee, municipal board, borough municipality, city municipality
and others.

Notified Area Committee

 The Notified Area Committee was established to oversee the
administration of rapidly emerging towns and towns that do not yet
meet all of the requirements for the formation of a municipality.
Unlike the municipality, it was established as a result of a notification.
It's neither a statutory nor a democratically elected authority. The
state administration has nominated the entire body.

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 WBCS EXECUTIVE EXAMINATION
CENTRAL STATE RELATION

In India, before the formation of the federation the States were not
‘sovereign’entities.
As such, there was no need for safeguards to protect ‘States’. On account
of the exigencies of the situation, the Indian federation has acquired
characteristics which are quite different from the American model.
The Indian federal system is based on the ‘Canadian model’, unlike the
US model. Indian system resembles the Canadian federation in its formation (by
way of disintegration i.e., a large unitary state is converted into a federation by
granting autonomy to the provinces to promote regional interests; whereas in
‘U.S model’ federation is formed by way of integration i.e., states come together
to form a big and strong union. Centralizing tendency i.e., vesting more powers
in the center and preference to the term ‘Union’.
Federalism in the Indian Constitution is not a matter of administrative
convenience, but it is the outcome of our own process and recognition of the
ground realities. At the time of Independence, India was a nascent democratic
country suffering from the aftermaths of partition. The priority then was the
‘integrity’ of the country. Hence India adopted a system that is federal in normal
times, but unitary in times of emergency.

The roots of India’s present-day federal system are found in the Government of
India Acts of 1919 and 1935.

The Government of India Act of 1919 –

 The constitution of India divides all powers- legislative, executive and
financial between the centre and the states Maximum harmony and
coordination centre and state is essential for the effective operation of
the federal system. Thereby, the constitution incorporates several
provisions to ensure this.

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  Relaxed the central control over the provinces
 Dyarchy was introduced in the provinces and
 For the first time, the subjects were divided into Central and State
subjects

The Constitution of India provides a dual polity with a clear division of powers
between the Union and the States, each being supreme within the sphere
allotted to it. The Indian federation is not the result of an agreement between
independent units, and the units of Indian federation cannot leave the
federation.

Constitution of India provides for elaborate provisions for purpose of a greater

degree of cooperation between Centre and States. Moreover, the union
government has also been active and set-up various commission and
committees to look after the relationship in light of the ever-changing dynamics
of the relation. However, the constitutional scheme can be mainly classified into
the following three facets:

1. Legislative Relations
2. Administrative Relation
3. Financial Relation and Planning

1. Legislative Relations:
Articles 245 to 255 in Part XI deals with different aspects of legislative
relations between centre and states.
The Constitution divides legislative authority between the Union and the States
in three lists- the Union List, the State List and the Concurrent List. The Union list
consists of 99 items. The Union Parliament has exclusive authority to frame laws
on subjects enumerated in the list. These include foreign affairs, defense, armed
forces, communications, posts and telegraph, foreign trade etc.
The Parliament can make laws for the whole or any part of the territory of India.
Territory of India includes the states, UTs and any other area for the time being
included in the territory of India. Whereas, the state legislature can make laws
for whole or any part of state.
The Parliament can alone make ‘extra territorial legislation’ thus the laws of the
Parliament are applicable to the Indian citizens and their property in any part of
the world.

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There are four aspects in the Centre-state legislative relations:
1) Territorial extent of central and state legislation
2) Distribution of legislative subjects
3) Parliamentary legislation in the state field
4) Centre’s control over state legislation

 Territorial extent of central and state legislation:

 Governor of Assam can likewise direct that an ac of Parliament does not
apply or apply with some modification. The same power is vested in
President in relation to Meghalaya, Tripura and Mizoram.
 Parliament can alone make ‘extra-territorial’ legislation.
 State legislature can make laws for the whole or any part of the state.
Laws made by the state are not applicable outside the state, except
when there is sufficient relation between the state and object.
 Parliament can make law for the whole or any part of the territory of
India (territory includes union, state, UT).
 Governor is empowered to direct that an act of parliament does not
apply to a scheduled area in the state or apply with specified
modifications and exceptions.
 Instances when laws made by the Parliament are not applicable:
 President can make a regulation which has a same effect as that of the
law made by parliament for- Andaman and Nicobar Islands, Daman and
Diu, Dadra and Nagar Haveli and Lakshadweep.

Residuary powers of legislation:

The constitution also vests the residuary powers (subjects not enumerated in
any of the three Lists) with the Union Parliament. The residuary powers have
been granted to the Union contrary to the convention in other federations of
the world, where the residuary powers are given to the States. However, in case
of any conflict, whether a particular matter falls under the residuary power or
not is to be decided by the court.

Parliament’s Power to Legislate on State List:Though under ordinary

circumstances the Central Government does not possess power to legislate on
subjects enumerated in the State List, but under certain special conditions the
Union Parliament can make laws even on these subjects.
a. In the National Interest (Art.249)
b. Under Proclamation of National Emergency (Art.250)

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 c. By Agreement between states (Art.252)
d. To Implement Treaties (Art.253)
e. Under Proclamation of President’s Rule (Art.356)
 Distribution of Legislative subjects:
 GoI Act, 1935 provided for a 3 fold enumeration–
Union/State/Concurrent Lists (Schedule VII)
 Parliament has powers to make laws in Union List
 State legislature makes laws in the State list
 Both Parliament & state legislature can make laws in Concurrent List
Remember: 42nd amendment act of 1976 transferred five subjects to
constitution
 Education
 Forests
 Weights and measures
 Protection of wild animals and birds
 Administration of justice; constitution and organization of all
courts except the supreme court and the high courts

 The power to make laws with respect to residuary powers is vested in

Parliament.
 Union list has precedence over state list and concurrent list has
precedence over state list
 In case of conflict between central law and state law on a subject
enumerated in the concurrent list, the central law prevails over the state
law. However, if the state law has been reserved for the consideration of
the president and has received his assent, then the state law prevails in
the state. Still, parliament can override the state law by subsequently
making a law on that matter.

42nd CAA, 1976 transferred 5 subjects to Concurrent List from State List –

 Education
 Forests
 Weights & Measurements
 Protection of wild animals & birds
 Administration of justice, constitution & organization of all courts (except
SC & HCs)
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 Parliamentary legislation in state field:
 Constitution empowers the Parliament to make laws on any matter
enumerated in the state list under the following five extraordinary
circumstances.
 If Rajya Sabha passes a resolution supported by a 2/3 rd members present
and voting empowering parliament to make a law on a matter
enumerated in the state list in the best interest of the country. Such a
resolution stays in effect for a year. Such a resolution can be renewed
any number of times but not for more than a year at a time. The laws
made under this cease to have an effect after expiration of six months of
the resolution. However, state can make a law on the same subject, but if
there is an inconsistency between state and union law, the latter
prevails.
 When a proclamation of National emergency is in vogue then the
Parliament can legislative on a matter enumerated in state list. The laws
made under this cease to have an effect after expiration of six months of
national emergency. Here also, a state law can make a law on the
subject, however, the union law would prevail if there is any
inconsistency.
 When states make a request for Parliament by passing a resolution to
that effect than Parliament becomes empowered to legislate on matters
enumerated in the resolution. Once this resolution is passed, the state
forfeits every right with regards to that subject.
 Parliament can enact laws on matters enumerated in the state list so as
to enforce international agreements.
 Parliament becomes empowered to enact a law on the state matter
during the time of operation of President’s rule. The law made during
this time would continue even after the expiration of the president’s
rule. However, the state can later pass an act to either modify, or nullify
the act as it sees fit.

Parliament can make laws on any matter enumerated in the State List under the
following 5 extraordinary circumstances –
 When RS passes a resolution
 During a National Emergency
 When states make a request
 To implement International Agreements
 During President’s Rule

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When RS passes a resolution –

o If the RS declares that it is necessary for the National Interest that

Parliament should make laws on matter enumerated in the State List
o Such a resolution must be supported by two-thirds of the members
present & voting

During a National Emergency –

o Parliament (makes laws) acquires the power to legislate with respect to

matters in the State List while an emergency is in operation.
o The laws become inoperative on the expiration of 6 months after the
emergency has ceased to operate

When states make a request –

o When the legislatures of two/more states pass a resolution requesting

the Parliament to enact laws on a matter in State List.
o A law so enacted applies only to those states which have passed the
resolution. Any other state may adopt it afterward by passing a
resolution.
o Such a law can be repealed/amended only by the Parliament & not by
concerned state legislatures.
o Ex. Prize Competition Act, 1955; Wildlife (Protection) Act, 1972; Water
(Prevention & Control of Pollution) Act, 1974 etc

To implement International Agreements –

o Parliament can make laws for implementing International treaties,

agreements, or conventions
o Ex. UN (Privileges & Immunities) Act, 1947; Geneva Convention Act,
1960; legislation relating to TRIPS etc.

During President’s Rule –

o When the President’s rule is imposed on the state, the Parliament can
make laws on matters in State List.

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 o A law made so by the parliament continues to be operative even after
the President’s rule.
o But, such a law can be repealed/altered/re-enacted by the State
Legislature.

 Centre’s control over state legislation:

 Constitution has empowered the centre to exercise control over the
state’s legislative matters in the following ways:
 Governor can reserve certain types of bills passed by state legislature for
the consideration of the president. The president enjoys absolute veto
over them
 Bills on certain matters enumerated in the state list can be introduced in
the state legislature only with prior recommendation of the President.
Ex: Inter-state trade and commerce.
 The President can direct the states to reserve money bills & other
Financial Bills passed by the state legislature for his consideration during
a ‘Financial Emergency’.

2. Administrative Relations:
Articles 256 to 263 (PART XI) deal with the Administrative Relations between
the Centre & State.

Aspects under Administrative Relations –

 Distribution of Executive Powers

 The obligation of States & the Centre
 Centre’s directions to the States
 Mutual Delegation of Functions
 Co-operation between the C&S
 All India Services
 Public Service Commissions
 Integrated Judicial System
 Relations during Emergencies
 Other Provisions
 Extra – Constitutional Device

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1. Centre’s directions to the States:
 Provision of adequate facilities for instruction in the mother-tongue at
the primary stage of the education to children belonging to linguistic
minority groups of the state.
 Centre gives directions in construction & maintenance of means of
communication by the state.
 The drawing up & execution of the specified schemes for the welfare of
the Scheduled Tribes in the state.
 Directions on the measures to be taken for the protection of railways
within the state.

2. All-India services:
 Article 312 of the Indian constitution enables Parliament to create an All-
India service based on a resolution passed by the Rajya Sabha to that
effect
 AIS help in maintaining a high standard of administration in C & S.
 In 1947, the colonial Indian Civil Service (ICS) and Indian Police (IP) was
replaced by Indian Administrative Service (IAS) and Indian Police Service
(IPS) respectively
 In 1966, Indian forest service (IFS) was created as the third All-India
service
 Facilitate liaison, cooperation, coordination & joint action on the issues
of common interests between C&S.
 help to ensure uniformity of the administrative system throughout the
country

3. Integrated Judicial system:

 The judges of a high court are appointed by the President of India in
consultation with the Chief Justice of India and governor of the state.
They can also be removed or transferred by the President.
 Parliament can establish a common HC for 2/more states.
 This single system of court enforces both the central as well as the state
laws.
 An integrated judicial system has been setup even though India has a
dual polity.

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4. Mutual Delegation of Functions:
 The constitution provides for inter-governmental delegation of executive
functions in order to mitigate the rigidity and avoid a situation of
deadlock
 The president with the consent of the state government may delegate
the executive functions of the union to the state
 Accordingly, the President may (with the consent of the state govt.)
entrust to that govt. any of the executive functions of the Centre.
 Conversely, the Governor of a state may (with the consent of the Central
govt.) entrust to that govt. any of the executive functions of the state.
 The constitution also provides for delegation of union executive
functions to the state without the consent of the state. However, such
delegation is made by Parliament and not President. However, a state
cannot delegate its executive power in the same way.

5. The obligation of States & the Centre:

Article 365 says that where any state has failed to comply (act in accordance)
with any directions given by the Centre, the President can hold that a situation
has arisen in which the govt. of the state cannot be carried on in accordance
with the Constitution.

In such a situation, the President’s rule can be imposed in the state under Article
356.

 State’s executive power has to be conducted in such a way so as to

ensure compliance with the laws made by the Parliament
 And not to impede or prejudice the exercise of executive power of the
centre in a state
 The executive power of every state is to be exercised in such a way –
i. As to ensure compliance(act in accordance) with the laws made
by the Parliament & any existing laws which apply in the state;
ii. As not to impede or prejudice the exercise of executive power of
the Centre in the state.

6. Co-operation between the C&S:

The following provisions have been included to secure cooperation and
coordination between the centre and the states -

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  Parliament can appoint an appropriate authority to carry out the purpose
of the constitutional provision relating to the interstate freedom of trade
& commerce.
 President can establish an Inter-State Council (under Art 263) to
investigate & discuss common interests between C&S.
 Full faith & credit is to be given throughout the territory of India to public
acts, records & judicial proceedings of the Centre & every state.
 Parliament can provide for the adjudication of any dispute w.r.t
use/distribution/control of waters of any inter-state river & valley.

7. Distribution of Executive Powers:

 The executive power has been divided between the centre and the states
on the lines of distribution of legislative powers
 The power of the centre extends to the whole of India on matters where
it has exclusive jurisdiction (union list) and to the exercise of rights,
authority and jurisdiction conferred on it by any treaty or agreement
 The jurisdiction of the state extends to those matters enumerated in the
state list
 Executive powers of the state extend to its territory:
o With respect to matters enumerated in State List.
o On matters enumerated in Concurrent List, the Executive Power rests
with the states except when a Constitutional provision or a
parliamentary law specifically confers it on the centre.

8. Relations during Emergencies:

 During a national emergency (Article 352), the state government becomes
subordinate to the central government. All the executive functions of the
state come under the control of the union government.
 During a state emergency (Article 356), the president can assume to himself
all or any of the functions of the Government of the State and all or any of
the powers vested in or exercisable by the Governor or authority in the
State other than the Legislature of the State.
 During a proclamation of Financial Emergency (Article 360), the Union can
direct the state government to observe certain canons of financial properties
as may be specified in the directions, and to the giving of such other
directions as the President may deem necessary and adequate for the
purpose.

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9. Financial Relations :-

 The Constitution deals with the centre-state financial relations in Article 268-
293 of Part XII.
 The Constitution divides the taxing powers between the centre and states in
the following way – the parliament has exclusive powers to levy taxes on
subjects enumerated in the Union list ( 13 in number ) and also state list ( 18
in number ) and no tax entries in concurrent list.
 The 101st Amendment Act of 2016, has made an exception by making special
provision with respect to goods and service tax ( GST ).
a) Taxes and duties levied by the Union, but collected and appropriated
by the States ( Art. 268 ): The taxes on the following items are levied by
the Union Government but the actual revenue from them is collected and
appropriated by the States; (i) stamp duties on bills of exchange, cheques,
promissory notes, bills of landing, letters of credit, policies of insurance,
transfer of shares, etc.; (ii) Excise duties on medicinal toilet preparation
containing alcohol or opium or Indian hemp or other narcotic drugs.
b) Taxes levied and collected by the Union, but assigned to the States
within which they are leviable (Art.269): Succession duty in respect of
property, other than agricultural land. Estate duty in respect of property,
other than agricultural land.Terminal taxes on goods or passengers carried
by railways, sea or air.Taxes on railway fares and freights taxes on
transactions in Stock Exchanges.
c) Taxes levied and collected by the Union and distributed between the
Union and the States (Art.270): Certain taxes are levied as well as
collected by the Union, but their proceeds are divided between the Union
and the States in a certain proportion in order to effect an equitable
distribution of the financial resources. Certain taxes are levied as well as
collected by the Union, but their proceeds are divided between the Union
and the States in a certain proportion in order to effect an equitable
distribution of the financial resources.
d) Taxes levied and collected and retained by the states: These are the
taxes enumerated in the State List (20 in number) and belong to the States
exclusively. The Parliament may make grants-in-aid from the Consolidated
Fund of India to such States as are in need of assistance (Art.275).
e) Art.282 provides for discretionary grants by the Centre and States both, for
any public purposes.

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f) Distribution of non-tax revenues: Non tax revenues from post and
telegraph, railways, banking, broadcasting, coinage and currency.
g) Finance Commission –Under Art. 280. Finance Commission may be set up by
the President. It was set up in 1951. First chairman K.C. Neogi. It consists one
chairman and four other members,. Chief function of Finance Commission is
the basis for sharing the divisible taxes by the centre and the states and the
principles that govern the grants-in-aid to the states every five years.
h) Planning Commission - Planning Commission of India was an organization in
the Government of India, which formulated India’s Five-Year Plans, among
other functions. It was established on 15 March 1950, with Prime Minister
Jawaharlal Nehru as the chairman. The Prime Minister was the Chairman of
the Planning Commission, which used to work under the overall guidance of
the National Development Council. The Planning Commission was reporting
directly to the Prime Minister of India. It abolished on 1st January 2015.

i) National Development Council -The National Development Council is one of the

key organizations of the planning system in India. It is formed in 1952. It abolished
in 2015. The National Development Council comprises the following members –
1. Indian Prime Minister
2. All the Union Cabinet Ministers
3. Chief Ministers of all States or their substitutes
4. Representatives of the union territories and
5. The members of the NITI Aayog.

List of Articles Related to Centre-State Relation

Article Subject-Matter
No.
245. Extent of laws made by Parliament and by the legislatures of states
246. Subject-matter of laws made by Parliament and by the legislatures
of states
247. Power of Parliament to provide for the establishment of certain
additional courts
248. Residuary powers of legislation
249. Power of Parliament to legislate with respect to a matter in the
state list in the national interest
250. Power of Parliament to legislate with respect to any matter in the
state list if a Proclamation of Emergency is in operation

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251. Inconsistency between laws made by Parliament under articles 249
and 250 and laws made by the legislatures of states
252. Power of Parliament to legislate for two or more states by consent
and adoption of such legislation by any other state
253. Legislation for giving effect to international agreements
254. Inconsistency between laws made by Parliament and laws made
by the legislatures of states
255. Requirements as to recommendations and previous sanctions to
be regarded as matters of procedure only

Article No. Subject-Matter

256. Obligation of states and the Union
257. Control of the Union over states in certain cases
257A. Assistance to states by deployment of armed forces or other
forces of the Union (Repealed)
258. Power of the Union to confer powers, etc., on states in certain
cases
258A. Power of the states to entrust functions to the Union
259. Armed Forces in states in Part B of the First Schedule
(Repealed)
260. Jurisdiction of the Union in relation to territories outside India
261. Public acts, records and judicial proceedings
262. Adjudication of disputes relating to waters of inter-state
rivers or river valleys
263. Provisions with respect to an inter-state Council

Article No. Subject Matter

268. Duties levied by the Union but collected and appropriated by
the states
268A. Service tax levied by Union and collected and appropriated by
the Union and the states
269. Taxes levied and collected by the Union but assigned to the
states

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270. Taxes levied and distributed between the Union and the
states
271. Surcharge on certain duties and taxes for purposes of the
Union
272. Taxes which are levied and collected by the Union and may be
distributed between the Union and the states (Repealed)
273. Grants in lieu of export duty on jute and jute products
274. Prior recommendation of President required to bills affecting
taxation in which states are interested
275. Grants from the Union to certain states
276. Taxes on professions, trades, callings and employments
277. Savings
278. Agreement with states in Part B of the First Schedule with
regard to certain financial matters (Repealed)
279. Calculation of “net proceeds”, etc.
280. Finance Commission
281. Recommendations of the Finance Commission
282. Expenditure defrayable by the Union or a state out of its
revenues
283. Custody, etc., of Consolidated Funds, Contingency Funds and
moneys credited to the public accounts.
284. Custody of suitors’ deposits and other moneys received by
public servants and courts
285. Exemption of property of the Union from state taxation
286. Restrictions as to imposition of tax on the sale or purchase of
goods
287. Exemption from taxes on electricity
288. Exemption from taxation by states in respect of water or
electricity in certain cases

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289. Exemption of property and income of a state from Union
taxation
290. Adjustment in respect of certain expenses and pensions
290A. Annual payment to certain Devaswom Funds
291. Privy purse sums of Rulers (Repealed)
292. Borrowing by the Government of India
293. Borrowing by states

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 WBCS EXECUTIVE EXAMINATION
EMERGENCY PROVISIONS

 A state of emergency in India refers to a period of governance that can

be proclaimed by the President of India during certain crisis situations.
Under the advice of the cabinet of ministers, the President can
overrule many provisions of the Constitution, which
guarantees Fundamental Rights to the citizens of India.
 The emergency provisions are contained in Part XVIII of the
Constitution of India, from Article 352 to 360. These provisions enable
the Central government to meet any abnormal situation effectively.
 The rationality behind the incorporation is to safeguard the
sovereignty, unity, integrity and security of the country, the
democratic political system and the Constitution.
 The Constitution stipulates three types of emergencies-

1. National Emergency
2. Constitutional Emergency
3. Financial Emergency

1. National Emergency
National emergency can be declared on the basis of war, external
aggression or armed rebellion. The Constitution employs the expression
‘proclamation of emergency’ to denote an emergency of this type.

I. Grounds of declaration :
 Under Article 352, the president can declare a national emergency
when the security of India or a part of it is threatened by war or
external aggression or armed rebellion.
 The President can declare a national emergency even before the actual
occurrence of war or armed rebellion or external aggression
 When a national emergency is declared on the grounds of ‘war’ or
‘external aggression’, it is known as ‘External Emergency’. On the
other hand, when it is declared on the grounds of ‘armed rebellion’, it
is known as ‘Internal Emergency’.
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 This term ‘armed rebellion’ is inserted from
th
the 44 amendment. Before this term it was known as internal
disturbance.

II. Parliamentary approval and duration:

 The proclamation of emergency must be approved by both the houses
of parliament within one month from the date of its issue.
 However, if the proclamation of emergency is issued at a time when
the Lok Sabha has been dissolved or the dissolution takes place during
the period of one month without approving the proclamation, then the
proclamation survives until 30 days from the first sitting of Lok Sabha
after its reconstitution, provided the Rajya Sabha has in the meantime
approved it.
 If approved by both the houses, the Emergency continues for 6 months
and can be extended to an indefinite period with an approval of the
Parliament for every six months.
 Every resolution approving the proclamation of emergency or its
continuance must be passed by either House of Parliament by a special
majority.

III. Revocation Of Proclamation:

 A proclamation of Emergency may be revoked by the President at any
time by a subsequent proclamation. Such proclamation does not
require parliamentary approval.
 The emergency must be revoked if the Lok Sabha passes a resolution
by a simple majority disapproving its continuation.
 The 44th Amendment Act of 1978 also provided that, where one-tenth
of the total number of members of the Lok Sabha give a written notice
to the speaker, a special sitting of the House should be held within 14
days for the purpose of considering a resolution disapproving the
continuation of the proclamation.

IV. Effects Of National Emergency :

168
A proclamation of Emergency has drastic and wide-ranging effects on the
political system. These consequences can be grouped into 3 categories:

 Effects on the centre-state relations: While a proclamation of

Emergency is in force, the normal fabric of the Centre-State relations
undergoes a basic change. this can be studied under three heads:
 Executive: Centre becomes entitled to give executive directions to a
state on ‘any’ matter
 Legislative: The parliament becomes empowered to make laws on any
subject mentioned in the state list, the president can issue ordinances
on State subjects also, if the parliament is not in session. The laws
made on state subjects by the parliament become inoperative six
months after the emergency has ceased to be in operation.
 Financial: the president can modify the constitutional distribution of
revenues between the centre and the states.

 Effect on the life of the Lok Sabha and State Assembly:

 While a proclamation of National Emergency is in operation, the life of
the Lok Sabha may be extended beyond the normal term for one year
at a time. However, this extension cannot continue beyond a period of
six months after the emergency has ceased to operate.
 Similarly, the Parliament may extend the normal tenure of a state
Legislative Assembly by one year each time during a national
emergency, subject to a maximum period of six months after the
emergency has ceased to operate.
 Effect on fundamental rights: Articles 358 and 359 describes the effect
of a National Emergency on the Fundamental Rights. These two
provisions are explained below:

Suspension of Fundamental rights under Article 19: According to Article

358, when a proclamation of National Emergency is made, the six
fundamental rights under article 19 are automatically suspended. Article
19 is automatically revived after the expiry of the emergency.

169
 The 44th Amendment Act laid out that Article 19 can only be
suspended when the National Emergency is laid on the grounds of war
or external aggression and not in the case of armed rebellion.
 Suspension of other Fundamental Rights: Under Article 359, the
President is authorised to suspend, by order, the right to move any
court for the enforcement of Fundamental Rights during a National
Emergency. Thus, remedial measures are suspended and not the
Fundamental Rights.

 The suspension of enforcement relates to only those Fundamental

Rights that are specified in the Presidential Order.
 The suspension could be for the period during the operation of
emergency or for a shorter period.
 The Order should be laid before each House of Parliament for
approval.
 The 44 Amendment Act mandates that the President cannot suspend
the right to move the court for the enforcement of Fundamental Rights
guaranteed by Article 20 and 21.

 Declarations made so far: This type of emergency has been

proclaimed three times so far- in 1962, 1971 and 1975

 The first proclamation of National Emergency was issued in October

1962 on account of Chinese aggression in the NEFA and was in force till
January 1968.
 The second proclamation of National Emergency was made in
December 1971 in the wake of the attack by Pakistan.
 Even when the emergency was in operation, the third proclamation of
National Emergency was made in June 1975. Both the second and the
third proclamations were revoked in March 1977.
 The first two proclamations ( 1962 and 1971 ) were made on the
ground of ‘ external aggression’, while the third proclamation ( 1975 )
was made on the ground of ‘internal disturbance’, that is certain
person have been inciting the police and the armed forces against the
discharge of their duties and their normal functioning.
170
 The 44th Amendment Act was enacted in 1978 to introduce a number
of safeguards against the misuse of Emergency Provisions.

2. President’s Rule :
 Article 355 imposes a duty on the centre to ensure that the
government of every state is carried on in accordance with the
provisions of the constitution.
 It is this duty in the performance of which the centre takes over the
government of a state under Article 356 in case of failure of
constitutional machinery in a state.
 This is popularly known as ‘President’s Rule’.

I. Grounds of imposition:
 The president’s ruler can be proclaimed under Article 356 on two
grounds:
 Article 356 empowers the President to issue a proclamation if he is
satisfied that a situation has arisen in which the government of a state
cannot be carried on in accordance with the provisions of the
constitution.
 Article 365 says that whenever a state fails to comply with or to give
effect to any direction from the centre, it will be lawful for the
President to hold that a situation has arisen in which the government
of the state cannot be carried on in accordance with the provisions of
the constitution.

II. Parliamentary approval and duration:

 A proclamation imposing president’s rule must be approved by both
the houses of parliament within two months from the date of its issue.
 However, if the proclamation of President’s rule is issued at a time
when the Lok Sabha has been dissolved or the dissolution of the Lok
Sabha takes place during the period of two months without approving
the proclamation, then the proclamation survives until 30 days from
the first sitting of the Lok Sabha after its reconstitution, provided that
the Rajya Sabha approves it in the meantime.

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
III. Consequences of the President’s rule: The President acquires
the following extraordinary powers when the President’s rule is
imposed in a state:

 He can take up the functions of the state government and powers

vested in the governor or any other executive authority in the state.
 He can declare that the powers of the state legislature are to be
exercised by the parliament.
 He can take all other necessary steps including the suspension of the
constitutional provisions relating to any body or authority in the state.

 IV. Scope of judicial review:

o The 38th Amendment act of 1975 made the satisfaction of the
President in invoking Article 356 final and conclusive which would not
be challenged in any court on any ground.

 But, this provision was subsequently deleted by the 44th Amendment

Act of 1978 implying that the satisfaction of the President is not
beyond judicial review.

Misuse of Article 356

Article 356 gave the Central government wide powers to stamp its
authority on the state governments. Although it was meant only as a
means to preserve the integrity and unity of the country, it had been used
blatantly to oust state governments who were ruled by political
opponents of the centre.
 It was used for the first time in 1951 in Punjab. Between 1966 and
1977, Indira Gandhi’s government used it about 39 times against
various states.
 In the S.R. Bommai case (1994), the Supreme Court of India put forth
strict guidelines for the imposition of Article 356.
 The proclamation (of President’s Rule) is subject to Judicial on grounds
of mala fide intention.
 The imposition of Article 356 should be justified by the centre.
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 The court has the power to revive the suspended or dissolved state
government if the grounds for the imposition is found to be invalid and
unconstitutional.
 The state assembly cannot be dissolved before parliamentary approval
for the imposition of Article 356 and the President can only suspend
the assembly.
 Serious allegations of corruption against the state ministry and
financial instability are not grounds for the imposition of Article 356.
 Any action by the state government that leads to the security of
secularism (which is a basic feature of the Constitution) cannot be
grounds for the use of Article 356.
 Article 356 cannot be used to sort out any intraparty issues in the
ruling party.
 If the Ministry of the state resigns or is dismissed or loses the majority,
then the governor cannot advise the President to impose this article
until enough steps are taken by the governor for the formation of an
alternative government.
 The power under Article 356 is to be used only in case of exigencies. It
is an exceptional power.
 There have also been subsequent judgements of the SC that have
limited the room for the misuse of this Article.
 The Sarkaria Commission Report (1983) recommended that Article
356 should be used “very sparingly” and only as a last resort.
 The President’s proclamation of President’s Rule should include
reasons as to why he thinks the state cannot run normally.
 Whenever possible, the centre should give the state government a
warning before imposing Article 356.
 The Article should not be used for settling political scores.
 The commission recommended the amendment of the article in order
for the President to be authorised to dissolve the state legislature only
after getting parliamentary approval.
 The Punchhi Commission recommended that the centre should try to
bring only a specific troubled area under its jurisdiction and that too
for a brief period, not more than three months.

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 The commission recommended that suitable amendments should be
made to incorporate the guidelines established by SC in the Bommai
case.
 The commission recommended the provision of a ‘Localized
Emergency’ which implies that the centre can tackle issues at
town/district (local) level without dissolving the state legislative
assembly while at the same time, performing the duty of the Union to
protect States as per Article 355.

3. Financial Emergency :
Grounds of declaration:
 Article 360 empowers the president to proclaim a Financial Emergency
if he is satisfied that a situation has arisen due to which the financial
stability or credit of India or any part of its territory is threatened.
 Parliamentary approval and duration: A proclamation declaring
financial emergency must be approved by both the Houses of
Parliament within two months from the date of its issue.

 However, if the proclamation of Financial Emergency is issued at a time

when the Lok Sabha has been dissolved or the dissolution of the Lok
Sabha takes place during the period of two months without approving
the proclamation, then the proclamation survives until 30 days from
the first sitting of the Lok Sabha after its reconstitution, provided the
Rajya Sabha has in the meantime approved it.

 Once approved by both the houses of Parliament, the Financial

Emergency continues indefinitely till it is revoked.

III. Effects of Financial Emergency :

 Extension of the executive authority of the Union over the financial
matters of the States.
 Reduction of salaries and allowances of all or any class of persons
serving in the State.

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 Reservation of all money bills or other financial bills for the
consideration of the President after they are passed by the legislature
of the State.
 Direction from the President for the reduction of salaries and
allowances of all or any class of persons serving the Union; and the
judges of the Supreme Court and the High Courts.
 No Financial Emergency has been declared so far, though there was a
financial crisis in 1991.

Criticism of the Emergency Provision:

 Some members of the Constituent Assembly criticised the
incorporation of emergency provisions in the constitution on the
following grounds:
 The federal character of the constitution will be destroyed and the
union will become all-powerful
 The powers of the State- both the Union and the Units- will entirely be
concentrated in the hands of the union executive.
 The president will become a dictator
 The financial autonomy of the state will be nullified
 Fundamental rights will become meaningless and, as a result, the
democratic foundation of the constitution will be destroyed.’
 While defending the emergency provisions in the Constituent
Assembly, Dr Ambedkar accepted the possibility of their misuse. He
observed, ‘I do not altogether deny that there is a possibility of the
Articles being abused or employed for political purposes.’

Important Articles of Emergency Provisions in India

 Article 352: Proclamation of emergency.

 Article 353: Effects of proclamation of Emergency.

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 Article 354: Application of provisions relating to distribution of
revenues while a proclamation of emergency is in operation.
 Article 355: Duty of the union to protect the states against
external aggression and internal disturbance.
 Article 356: Provisions in case of failure of constitutional
machinery in States.
 Article 357: Exercise of Legislative powers under proclamation
issued under article 356.
 Article 358: Suspension of provisions of article 19 during
emergencies.
 Article 359: Suspension of the enforcement of the rights
conferred by part 3 during emergency. Article 360: Provisions as
to financial emergency.

** Imposition of President’s Rule in West Bengal in 1962, 1968,

1970 and 1971 ( 4 times ).

176
 WBCS EXECUTIVE EXAMINATION
ADVOCATE GENERAL

 Under the Constitution of India Article 165 has provided for the office
of the advocate general for the states. He is the highest law officer in
the state. Thus he corresponds to the Attorney General of India.
 The Advocate General is the highest law officer in the state. He is
responsible to assist the state government in all its legal matters. He
defends and protects the interest of the state government. The office
of the Advocate General in state corresponds to the office of
Attorney General of India.
 Appointed by Governor on the Advice of COM of state and also
Submits resignation to Governor.
 The Advocate General is the first law officer of a State.
 The Governor of each State shall appoint a person who is qualified to
be appointed as a Judge of a High Court to be Advocate General for
the State.
 Article 165 – Advocate General of the State
 Article 177 – Rights of Advocate General of respects The House of
State Legislature and its Committee.
 Article 194 – Power, Privileges and Immunities of Advocate General.
 He gives advice to the government of the state upon such legal
matters, which are referred or assigned to him by the governor.
 He performs such other duties of a legal character that are referred
or assigned to him by the governor.
 He discharges the functions conferred on him by or under the
Constitution or any other law.
 He enjoys all the privileges and immunities that are available to a
member of the state legislature.
 In the performance of his official duties, he has the right of audience
in any court in the State.
 He has the right to speak or to take part in the proceedings of state
legislature, but without a right to vote.

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  He has the right to speak or to take part in the meeting of any
committee of the state legislature of which he is named as a
member, but without a right to vote.
 The Constitution does not fix the term of Advocate General in
India. He remains in the office during the pleasure of the Governor.
 Conventionally, when a council of ministers of a state government
resigns, the advocate general of state too puts down his papers.
List of Advocate General of State: 1st Jan 2022
State Advocate General
Andhra Pradesh Subrahmanyam Sriram
Arunachal Pradesh Nilay Ananda Dutta
Assam Devajit Lon Saikia
Bihar Lalit Kishore
Chhattisgarh Satish Chandra Verma
Goa Devidas Pangam
Gujarat Kamal Trivedi
Haryana APS Deol
Himachal Pradesh Ashok Sharma
Jharkhand Rajiv Ranjan
Karnataka Prabhuling K. Navadagi
Kerala K Gopala Krishna Kurup
Madhya Pradesh Prashant Singh
Maharashtra Ashutosh Kumbhakoni
Manipur Naorem Kumarjit Singh
Meghalaya Amit Kumar
Mizoram Diganta Das
Nagaland Vikramjit Banerjee
Odisha Ashok Parija
Punjab Dr. Anmol Rattan Sidhu
Rajasthan Mahendra Singh Singhvi
Sikkim Vivek Kohli
Tamil Nadu R. Shunmugasundaram
Telangana B. S. Prasad
Tripura Siddhartha Shankar Dey
Uttar Pradesh Raghvendra Singh
Uttarakhand S. N. Babulkar
West Bengal S.N. Mookherjee

178
 Points Attorney General Advocate General
Introduction Highest legal advisor of Highest legal advisor of
Union Government State Government
Source U.K. U.K.
Provision Part IV (Article 76) Part VI (Article 165)
Qualification Same as Supreme Court Same as High Court
Judges Judges
Appointment By the President By the Governor
Term Not fixed, Normally he Same
resigned when the
Governor is replaced
Removal By the President By the Governor
Salary Will be determined by Will be Determined by
President (Like S.C. The Governor (Like High
Judges) Court Judges)
Rank Like an Ordinary M.P. Like an Ordinary M.L.A.
Special Privilege Without having the Same
membership of either
house of Parliament he
can enter into
parliament and can take
part into its proceedings
but without right to vote.
Present K.K. Venugopal S.N. Mookherjee (W.B)

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 WBCS EXECUTIVE EXAMINATION
The SC ST OBC Anglo Indians

The SC ST OBC Anglo

Indians

PART XVI ARTICLE -330-342

INTRO; some sections of the populations are given special privileges

because they are weaker section and to uplift them our constitutions
given some special provisions.

Constitutional provision: part xvi (art 330-342)

 Provision regarding reservation- in Lok Sobha out of total no of
members 84 seats are reserve for SC, and 47 seats are reserve for ST, 2
seats are reserved for Anglo Indians there is no seats reserve for OBC.

 Uttar Pradesh has the highest no. of seats reserved for SC in Lok Sobha
& Madhya Pradesh has highest no. seats reserved for ST in Lok Sobha
seats are reserve in Lok Sobha on the basis of population.

 In government jobs reservation are given in four methods -

 Seat reservation -S.C-15%, ST-7.5%, obc-27%.
 Age relaxation 3 to 5 years to the SC, ST, OBC
 Qualifying marks -5% to 10%
 Fees – 50% to 100%
 Different commissions set up for development and progress of
reserved classes

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 i. National commission for SC (NCSC)
The National Commission for Scheduled Castes is an Indian constitutional
body under the jurisdiction of Ministry of Social Justice and
Empowerment , Government of India established with a view to provide
safeguards against the exploitation of Scheduled Castes and Anglo Indian
communities to promote and protect their social, educational, economic
and cultural interests, special provisions were made in the
Constitution. Article 338 of the Indian constitution deals with National
Commission for Scheduled Castes. Article 338 A deals with National
Commission for Scheduled tribes.

ii. National commission for schedule tribe (NCST)

 On the 89th Amendment of the Constitution coming into force on 19
February 2004, the National Commission for scheduled Tribes has been
set up under Article 338A on bifurcation of erstwhile National
Commission for Scheduled Castes and Scheduled Tribes to oversee the
implementation of various safeguards provided to Scheduled Tribes
under the Constitution.
 With this amendment, the erstwhile National Commission for
Scheduled Castes and Scheduled Tribes was replaced by two separate
Commissions namely- (i) The National Commission for Scheduled
Castes (NCSC), and (ii) The National Commission for Scheduled Tribes
(NCST).
 The First commission was constituted on 2004 with Kunwar Singh as
the chairperson.
 The second commission was constituted on 2007 with Urmila Singh as
the Chairperson.
 The third Commission was constituted on 2010 with Rameshwar
Oraon as the Chairperson.

iii. Kaka Kalelkar commission (1953-55)-

 first backward class commission
 Adhering to Article 340 of the Constitution of India, the First Backward
Classes Commission was set up by a presidential order on 29 January
1953 under the chairmanship of Kaka Kalelkar. It is also known as the

181
 First Backward Classes Commission, 1955 or the Kaka Kalelkar
Commission.

iv. Mondal commission

he Mandal Commission, the Socially and Educationally Backward Classes
Commission (SEBC), was established in India on 1979 by the Janata
Party government under Prime Minister Morarji Desa with a mandate to
"identify the socially or educationally backward classes" of India It was
headed by B.P. Mandal, an Indian parliamentarian, to consider the
question of reservations for people to redress caste discrimination, and
used eleven social, economic, and educational indicators to determine
backwardness. In 1980, based on its rationale that OBCs ("Other backward
classes") identified on the basis of caste, social, economic indicators made
up 52% of India's population, the Commission's report recommended that
members of Other Backward Classes (OBC) be granted reservations to
27% of jobs under the Central government and public sector undertakings,
thus making the total number of reservations for SC, ST and OBC to 49%.
2nd backward class commission this commission recommended for 27%
OBC recommendation .and it was lauded by v.p sign government.

 OBC communities can be classified into two cat agonies–

1. OBC A &B, 2. Creamy layer
2. OBC & non creamy layer OBC.

Creamy layer OBCs are deprived from any kind of reservation, they are
advanced section OBCs. The children of following persons are under creamy
layer

Notes: When we consider Creamy layer?

 Parsons holding constitutional post like president, vice president, Supreme
Court judges, attorney general, CAG etc.
 Parsons holding government post as class 1& class 2 officers under central or
any state government.
 Annual income 8 lakhs or more etc
The reservation are enjoyed by only Non creamy layer OBCs

182
Article related to this chapter:

330 Reservation of seats for Scheduled Castes and Scheduled Tribes in the
House of the People.
331 Representation of the Anglo-Indian community in the House of the
People.
332 Reservation of seats for Scheduled Castes and Scheduled Tribes in the
Legislative Assemblies of the States.
333 Representation of the Anglo-Indian community in the Legislative
Assemblies of the States.
334 Reservation of seats and special representation to cease after sixty
years.
335 Claims of Scheduled Castes and Scheduled Tribes to services and
posts.
336 Special provision for Anglo-Indian community in certain services.
337 Special provision with respect to educational grants for the benefit of
the Anglo-Indian Community.
338 National Commission for Scheduled Castes.
338A National Commission for Scheduled Tribes.
338A National Commission for Backward Classes.
339 Control of the Union over the Administration of Scheduled Areas and
the welfare of Scheduled Tribes.
340 Appointment of a Commission to investigate the conditions of
backward classes.
341 Scheduled Castes.
342 Scheduled Tribes.
342A Socially and educationally backward classes.

183
 WBCS EXECUTIVE EXAMINATION
ELECTION COMMISSION

Subject – Union Part XV 1st General

List Election -1951-52
The Election Commission of India (ECI) is a constitutional body under the
ownership of Ministry of Law and Justice, Government of India. It was
established by the Constitution of India to conduct and regulate elections
in the country.

Background
 Part XV of the Indian constitution deals with elections, and
establishes a commission for these matters.
 The Election Commission was established in accordance with the
Constitution on 25th January 1950.
 Article 324 to 329 of the constitution deals with powers, function,
tenure, eligibility, etc of the commission and the member.

Articles related to Elections

324 Superintendence, direction and control of elections to be vested in
an Election Commission.
325 No person to be ineligible for inclusion in, or to claim to be
included in a special, electoral roll on grounds of religion, race,
caste or sex.
326 Elections to the House of the People and to the Legislative
Assemblies of States to be on the basis of adult suffrage.
327 Power of Parliament to make provision with respect to elections to
Legislatures.

184
328 Power of Legislature of a State to make provision with respect to
elections to such Legislature.
329 Bar to interference by courts in electoral matters.

Structure of the Commission

 Originally the commission had only one election commissioner but
after the Election Commissioner Amendment Act 1989, it has been
made a multi-member body.
 The commission consists of one Chief Election Commissioner and two
Election Commissioners.
 The secretariat of the commission is located in New Delhi.
 At the state level election commission is helped by Chief Electoral
Officer who is an IAS rank Officer.
 The President appoints Chief Election Commissioner and Election
Commissioners.
 They have a fixed tenure of six years, or up to the age of 65 years,
whichever is earlier.
 They enjoy the same status and receive salary and perks as available to
Judges of the Supreme Court of India.
 The Chief Election Commissioner can be removed from office only
through a process of removal similar to that of a Supreme Court judge
for by Parliament.

Functions
 Election Commission of India superintendents, direct and control the
entire process of conducting elections to Parliament and Legislature
of every State and to the offices of President and Vice-President of
India.
 The most important function of the commission is to decide the
election schedules for the conduct of periodic and timely elections,
whether general or bye-elections.

185
 It prepares electoral roll, issues Electronic Photo Identity Card
(EPIC).
 It decides on the location polling stations, assignment of
voters to the polling stations, location of counting centres,
arrangements to be made in and around polling stations and
counting centres and all allied matters.
 It grants recognition to political parties & allot election
symbols to them along with settling disputes related to it.
 The Commission also has advisory jurisdiction in the matter
of post election disqualification of sitting members of
Parliament and State Legislatures.
 It issues the Model Code of Conduct in election for political
parties and candidates so that the no one indulges in unfair
practice or there is no arbitrary abuse of powers by those in
power.
 It sets limits of campaign expenditure per candidate to all the
political parties, and also monitors the same.

Composition of Election Commission

 Article 324 of the Constitution has made the following provisions with
regard to the composition of the election commission:
 The President appoints the Chief Election Commissioner and other
election commissioners.
 When any other EC is so appointed, the CEC acts as the Election
Commission’s Chairman.
 The President can also appoint regional commissioners to assist the
Commission, if necessary after consulting with the Election
Commission.
 The tenure of office and the conditions of service of all the
commissioners shall be determined by the country’s President.

186
 Sukumar Sen was the 1st Chief Election Commissioner of India.
 Election Commission is a permanent body established by the constitution of
India directly to ensure free and fare election in the country.
 At present EC consists of 3 member (1 chief +2 others member)
 Qualification – Same as Supreme Court Judges
 Chief election commissioner shall be appointed by president.
 Regional election commissioner shall be appointed by president in
consultation with Chief Election Commissioner
 Term Of Office - 6 years but retirement as is 65 year .whichever is earlier
 Resignation letter of the members of EC shall be submitted to the president
 Oath or affirmation of the members of EC shall be administered by the
president.
 CEC can be removed by the president on the ground of proved misbehaviour
or incapacity, on a two third majority of the members of parliament present
and voting and other member of EC can be removed by the president in
consultation with chief election commission.

 The lowering of voting age from 21 to 18 by 61 and act 1989. On the

recommendation of V.M Tarkunde committee.
 First lady E.C – vs. Rama Devi
 Members of EC draw a salary-250000 same as a SC
 Salary determine by – parliament –salary charge on consulate fund of
India

The Articles related to election commission

 Article 324- superintendence direction of cannot of election to be wasted in
the election commission.
 Art 325- no person to be in eligible for inclusion in or to claim to be
included in a social electrical role on the ground of religion race, cast on
sex?
 Art 326- election to the Lok Sobha and to the SLA to be on the basic of
adult suffrage. right to vote is political right
 Art-327- power of parliament to make provision with respect to electing to
search legislature. Function of election commissioner
 To control direct supervise of the election of parliament to president vice
president ,state lag is latter not only panchayet and municipality

187
 To grant recognition to political parties and allots symbol to them.
 To determine the territorial area of the electrical constituency throughout
the country on the bar is of delimitation commission act of parliament.
 To cancel pool in the event of rigging booth capturing notation and other
angularities.
 To advice the president on matter related to the disqualification of the
members of parliament to the governor on the matter relating to the
disqualification of the members of state legislator,
 To prepare and periodically revise electoral roles and to register all eligible
voters.
 To advice the president can be held in a state under president rule in order
to extend the period of emergency after 1 year.
 To register political parties for the purpose of election and to grant them
the the status of a national state parties on the basic of their pool
performance (6 person valid vote in 4 state) to be recognise as a national
parties/or a political parties is a state party in 4 state.

Sl. Name of the Name of President/

year
No. Party General secretary
All India Ms. Mamta Banerjee, 1998
1 Trinamool Chairperson
Congress
Indian National Smt. Sonia Gandhi, 1885
2
Congress President
Communist Shri Sitaram Yechury, 1964
3 Party of India General Secretary
(Marxist)
Communist Shri S. Sudhakar 1925
4 Party of India Reddy, General
Secretary
Bharatiya Janata Party Shri Amit 1980
6 Party Anilchandra Shah,
President
Bahujan Samaj Ms. Mayawati, 1984
7
Party President

188
 Chief Election
Tenure
Commissioner of India
S.No. Name From To
1 Sukumar Sen 21 March 1950 19 December 1958
2 K. V. K. Sundaram 20 December 1958 30 September 1967
3 S. P. Sen Verma 1 October 1967 30 September 1972
4 Dr. Nagendra Singh 1 October 1972 6 February 1973
5 T. Swaminathan 7 February 1973 17 June 1977
6 S. L. Shakdhar 18 June 1977 17 June 1982
7 R. K. Trivedi 18 June 1982 31 December 1985
8 R. V. S. Peri Sastri 1 January 1986 25 November 1990
9 V. S. Ramadevi 26 November 1990 11 December 1990
10 T. N. Seshan 12 December 1990 11 December 1996
11. M. S. Gill 12 December 1996 13 June 2001
12 J. M. Lyngdoh 14 June 2001 7 February 2004
13 T. S. Krishnamurthy 8 February 2004 15 May 2005
14 B. B. Tandon 16 May 2005 29 June 2006
15 N. Gopalaswami 30 June 2006 20 April 2009
16 Navin Chawla 21 April 2009 29 July 2010
17 S. Y. Quraishi 30 July 2010 10 June 2012
18 V. S. Sampath 11 June 2012 15 January 2015
19 H. S. Brahma 16 January 2015 18 April 2015
20 Dr. Nasim Zaidi 19 April 2015 5 July 2017
21 Achal Kumar Jyoti 6 July 2017 22 January 2018
22 Om Prakash Rawat 23 January 2018 1 December 2018
23 Sunil Arora 2 December 2018 12 April 2021
24 Sushil Chandra 13 April 2021 Incumbent

189
 WBCS EXECUTIVE EXAMINATION
Public Service Commission: Union and State

PUBLIC SERVICE COMMISSION

State Recruiting Agency central Recruiting Agency

SPSC UPSC

Article Related to public Service Commission

Article Subject
315 Public Service Commissions for the Union and for the States
316 Appointment and term of office of members
317 Removal and suspension of a member of a Public Service
Commission.
318 Power to make regulations as to conditions of service of
members and staff of the Commission.
319 Prohibition as to the holding of offices by members of
Commission on ceasing to be such members.
320 Functions of Public Service Commissions.
321 Power to extend functions of Public Service Commissions.
322 Expenses of Public Service Commissions.
323 Reports of Public Service Commissions.

 As per Article 312 of the Indian Constitution, the Parliament is entitled

to create one or more All India services (including an All India Judicial
Service) common to the Union and the States.

190
 The recruitment to all these services is made by the Union Public
Service Commission (UPSC).
 For administrative services at the state level, the recruitment is made
by the State Public Service Commission (SPSC).
 The Union Public Service Commission (UPSC) is the central recruiting
agency in India.
 It is an independent constitutional body.
 The provisions regarding the composition of UPSC, appointment and
removal of its members and the powers and functions of UPSC are
provided in Part XIV of the Indian Constitution under Article 315 to
Article 323.

Union Public Service Commission

Frequently Asked

Appointment of Members  The Chairman and other

members of the UPSC are
appointed by the President of
India.
Term of Office  Any member of the UPSC shall
hold office for a term of six
years or till the age of 65
years, whichever is earlier.
Reappointment  Any person who has once held
the office as a member of a
Public Service Commission
is ineligible for reappointment
to that office.
Resignation  A member of the Union Public
Service Commission may resign

191
 from his/her office by
submitting the written
resignation to the President of
India.
Removal/Suspension of Members  The Chairman or any other
member of UPSC shall only be
removed from his/her office by
order of the President of India.

 The President can suspend the

Chairman or any other member
from his/her office in respect of
whom a reference has been
made to the Supreme Court.

Conditions for Removal  The Chairman or any other

member of UPSC may be
removed if he/she:

 is adjudged an insolvent.
 engages during his/her term of
office in any paid employment
outside the duties of his/her
office.
 is, in the opinion of the
President, unfit to continue in
office by reason of infirmity of
mind or body.

Regulating the Conditions of Service  In the case of the UPSC, the

President of India shall:

 Determine the number of

members of the Commission
and their conditions of service.
192
  Make provisions with respect to
the number of members of the
staff of the Commission and
their conditions of service.

Submission of Reports  he UPSC shall present an annual

report to the President of India
containing the work done by the
Commission.

 The President shall provide a

memorandum explaining the
cases where the advice of the
Commission was not accepted.

 The reasons for such non-

acceptance are presented
before each House
of Parliament.

Article 316 deals with the appointment and term of office of members.
The UPSC comprises of a chairman and other members appointed by the
president. One half of the appointed members of the commission should
have held office for at least ten years either under the government of
India or under the government of a state.
The UPSC is made up of ten members plus a chairperson. The UPSC
Chairman and other members are appointed by the President of India.
Each member serves for six years or until he reaches the age of 65.

193
The Commission (Present Members):

Name &
Term Date of
Position Date of Service
started retirement
Birth
Dr. Manoj Academician,
05/04/2022
Chairman Soni Former Vice 27/06/2023
(FN)
17/02/1965 Chancellor
Ms. Smita
01/12/2017
Member Nagaraj IAS 21/09/2023
(FN)
22/09/1958
Ms. M.
09/04/2018
Member Sathiyavathy IAS 12/05/2023
(AN)
13/05/1958
Sh. Bharat
13/12/2018
Member Bhushan Vyas IAS 14/11/2022
(AN)
15/11/1957
Dr. T.C.A. Indian
14/01/2019
Member Anant Economic 02/01/2023
(FN)
03/01/1958 Service
Sh. Rajiv
Nayan 01/02/2019
Member IAS 27/01/2024
Choubey (FN)
28/01/1959

List of UPSC Chairmen:

Term
Chairman
From To
Sir Ross Barker October 1926 August 1932
Sir David Petrie August 1932 1936
Sir Eyre Gorden 1937 1942
Sir F. W. Robertson 1942 1947
H. K. Kripalani 1 April 1947 13 January 1949
R. N. Banerjee 14 January 1949 9 May 1955
N. Govindarajan 10 May 1955 9 December 1955

194
V. S. Hejmadi 10 December 1955 9 December 1961
B. N. Jha 11 December 1961 22 February 1967
Sh. K.R. Damle 18 April 1967 2 March 1971
Ranadhir Chandra Sarma 11 May 1971 1 February 1973
Sarkar
Akhlaqur Rahman Kidwai 5 February 1973 4 February 1979
M. L. Shahare 16 February 1979 16 February 1985
H. K. L. Capoor 18 February 1985 5 March 1990
J. P. Gupta 5 March 1990 2 June 1992
23 September 23 August 1996
Rose Millian Bathew (Kharbuli)
1992
23 August 1996 30 September
S. J. S. Chhatwal
1996
30 September 11 December 1998
J. M. Qureshi
1996
Surendra Nath 11 December 1998 25 June 2002
Purna Chandra Hota 25 June 2002 September 2003
Mata Prasad September 2003 January 2005
S. R. Hashim 4 January 2005 1 April 2006
Gurbachan Jagat 1 April 2006 30 June 2007
Subir Dutta 30 June 2007 16 August 2008
D. P. Agrawal 16 August 2008 August 2014
Rajni Razdan 16 August 2014 21 November 2014
22 November 2014 20 September
Deepak Gupta
2016
21 September 3 January 2017
Alka Sirohi
2016
David R. Syiemlieh 4 January 2017 21 January 2018
Vinay Mittal 22 January 2018 19 June 2018
Arvind Saxena (acting) 20 June 2018 28 November 2018
Arvind Saxena 28 November 2018 24 August 2020
Pradeep Kumar Joshi 7 August 2020 4 April 2022
Dr. Manoj Soni 5 April 2022 Incumbent

195
Functions:

Under Article 320 of the Constitution of India, the Commission is, inter-alia,
required to be consulted on all matters relating to recruitment to civil services
and posts. The functions of the Commission under Article 320 of the
Constitution are:

1. Conduct examinations for appointment to the services of the Union.

2. Direct recruitment by selection through interviews.
3. Appointment of officers on promotion / deputation / absorption.
4. Framing and amendment of Recruitment Rules for various services and
posts under the Government.
5. Disciplinary cases relating to different Civil Services.
6. Advising the Government on any matter referred to the Commission by the
President of India.

State public Service Commission

Appointment of Members  The Chairman and other

members of the SPSC are
appointed by the Governor of
the State.
Term of Office  A member of the SPSC shall hold
office for a term of six years or
till the age of 62
years, whichever is earlier:
Reappointment:  Any person who has once held
the office as a member of a
Public Service Commission
is ineligible for reappointment
to that office.

196
Resignation  A member of a State Public
Service Commission may resign
from his/her office by
submitting the written
resignation to the Governor of
the State.

Removal/Suspension of Members  The Chairman or any other

member of SPSC shall only be
removed from his/her office by
order of the President of India.

 The Governor of the state shall

suspend the Chairman or any
other member from his/her
office in respect of whom a
reference has been made to the
Supreme Court.
 The conditions for removal of
members are the same as those
of the UPSC.

Regulating the Conditions of Service  In the case of the SPSC, the

Governor of the State performs
the same duties that are
performed by the President of
India in case of UPSC.
Expenses of SPSC  The expenses of the SPSC are
charged on the Consolidated
Fund of the State.
Submission of Reports  The SPSC shall present the
annual report of its work to
the Governor of the State.
 The Governor shall also provide
a memorandum explaining the
197
 cases where the advice of the
Commission was not accepted.

 The reasons for non-acceptance

are presented before
the Legislature of the State.

Chairman (SPSC)  The Chairman of a SPSC shall

be eligible for appointment as
the Chairman or any other
member of the UPSC or SPSC,
but not for any other
employment either under the
Government of India or under
the Government of a State.

Functions of SPSC
Powers and Functions of the State Public Service Commission:

 In relation to state services, a State Public Service Commission fulfils all of the
functions that the UPSC undertakes in relation to central services:
 It administers examinations for appointments to the state's services.
 It is consulted on the following human management-related issues.
 All issues connected to civil service recruitment and civil post
recruitment.
 The principles to be followed in making appointments to civil services
and posts and in making promotions and transfers from one service to
another.

Joint State Commission

 Constitution: As per Article 315 of the Indian Constitution, two or more
States may agree that there shall be one Public Service Commission for
that group of States.

198
 The resolution to such an agreement shall be passed by each House of
the Legislature of each of the States.
 Only then, the Parliament may by law provide for the appointment of
a Joint State Public Service Commission (JSPSC).
 Appointment of Officers: The Article 316 of the Indian Constitution
states that the Chairman and other members of JSPSC shall be
appointed by the President of India.
 A member of Joint Commission shall hold the office for a term of six
years or till the age of 62 years, whichever is earlier
 Resignation: Under Article 317, a member of a JSPSC may submit a
written resignation to the President of India to resign his/her office.
 The President is empowered to suspend the Chairman or any other
member of the Commission from his/her office after a reference about
the same has been made to the Supreme Court.
 Powers: As per the Article 318 the President of India is empowered to:
 Determine the number of members of the Commission and their
conditions of service
 Make provision with respect to the number of members and their
conditions of service:
 Reports: As per Article 323, it shall be the duty of the JSPSC to present
the annual report to the Governor of each of the States which have
together formed the Commission.
 The Governor of each of the states is responsible for providing a
memorandum explaining the cases the advice of the Commission was
not accepted
 The reasons for non acceptance are laid before the Legislature of each
of the States.

199
 WBCS EXECUTIVE EXAMINATION

NITI AYOG

HISTORY:

National Institution for Transforming India, better known as NITI Aayog,

was formed via a resolution of the Union Cabinet on 1 January 2015.
NITI Aayog is the premier policy think tank of the Government of India,
providing directional and policy inputs. Apart from designing strategic and long-
term policies and programmes for the Government of India, NITI Aayog also
provides relevant technical advice to the Centre, States, and Union Territories.
The Government of India constituted NITI Aayog to replace the Planning
Commission, which had been instituted in 1950. This step was taken to better
serve the needs and aspirations of the people. An important evolutionary
change, NITI Aayog acts as the quintessential platform of the Government of
India to bring the States to act together in national interest, and thereby fosters
cooperative federalism.
On 18 September 2021, the Humble Prime Minister approved the
reconstitution of NITI Aayog. NITI Aayog is additionally creating itself as a State
of the Art Resource Centre, with the essential resources, knowledge, and skills
that will empower it to act with speed, advance research and innovation, bestow
crucial policy vision to the government and manage unforeseen issues. The
reason for setting up the NITI Aayog is that people had expectations for growth
and development in the administration through their participation. This required
institutional changes in administration and active strategy shifts that could seed
and foster substantial scale change.

COMPOSITION:
 The NITI Aayog will comprise the following:
 Prime Minister of India is the Chairperson
 Governing Council consists of the Chief Ministers of all the States and Lt.
Governors of Union Territories in India.
 Regional Councils will be created to address particular issues and
possibilities affecting more than one state. These will be formed for a

200
 fixed term. It will be summoned by the Prime Minister. It will consist of
the Chief Ministers of States and Lt. Governors of Union Territories.
These will be chaired by the Chairperson of the NITI Aayog or his
nominee.
 Special invitees: Eminent experts, specialists with relevant domain
knowledge, which will be nominated by the Prime Minister.
 The full-time organizational framework will include, in addition to the
Prime Minister as the Chairperson:
 Vice-Chairperson (appointed by the Prime Minister)
 Members: Full-time
 Part-time members: Maximum of 2 members from foremost universities,
leading research organizations, and other innovative organizations in an
ex-officio capacity. Part-time members will be on a rotational basis.
 Ex Officio members: Maximum of 4 members of the Council of Ministers
which is to be nominated by the Prime Minister.
 Chief Executive Officer: CEO will be appointed by the Prime Minister for a
fixed tenure. He will be in the rank of Secretary to the Government of
India.

FUNCTION:
 NITI AAYOG stands for NATIONAL INSTITUTION FOR TRANSFORMING
INDIA. Its function is to foster cooperative federalism through structured
support initiatives and mechanisms with the States on a continuous
basis, recognizing that strong States make a strong nation.
 Functions of NITI Aayog (National
Institution for Transforming India)
are mentioned below in detail:
 To work with the states
governments on national
development priorities sectors
and strategies
 Develop federalism where
national and state governments
work with proper coordination and harmony
 Implement schemes and initiatives for rural development

201
 Create a knowledge, innovation and entrepreneurial support system with
the help of national and international experts, practitioners and other
partner
 Maintain a state-of-t-art Resource Centre, be a research centre on good
governance and best practices in sustainable and equitable development.
 Actively monitor and evaluate the implementation of programmes and
initiatives and to f

202
 WBCS EXECUTIVE EXAMINATION
OFFICIAL LANGUAGE

A language that has legal status in a particular legally constituted political

entity such as a State or part of a State, and that serves as a language of
administration.

Article 343 of the Indian Constitution states The official language of the
Union shall be Hindi in Devanagari script. Also according to Article 345,
the legislature of a state may adopt any one or more of the state's official
languages, including Hindi, like the language or languages to be used for
all or some of the state's official purposes.

Official Language – Constitutional Provisions

 The Indian Constitution gives Hindi (in Devanagari Script) as the
official language of the union.
 The Constitution states that, till January 25, 1965 English shall
continue to be used for all official purposes of the Union. This is
mainly because complete replacement by Hindi was not expected
within the short time. Thus, English along with Hindi became an
associate official language.
 Article 343(1) of our constitution specifically provided;
 Hindi in Devanagari script shall be the official language of the
Union.
 For official purposes, the international form of Indian numerals
shall be used."
 In the eighth schedule of the Indian constitution there are 22
languages that have been recognized (Originally 14 languages were
mentioned).

203
The Schedules Languages
Articles 344(1) and 351 of the Constitution (the eighth
schedule) provided the following 22 languages as the official:

Assamese Meitei (Manipuri)

Bengali Marathi
Bodo Nepali
Dogri Udiya
Gujarati Punjabi
Hindi Sanskrit
Kannada Santhali
Kashmiri Sindhi
Konkani Tamil
Maithili Telugu
Malayalam Urdu

Extension of the language list

 1950: Originally 14 languages were included in the Constitution.
 1967: the Sindhi language added via 21st Constitutional Amendment
Act.
 1992: The 71st Constitutional Amendment Act provided Konkani,
Manipuri (Meitei), and Nepali as official languages.
 2003: Bodo, Dogri, Maithili, and Santali included via 92nd
Constitutional Amendment Act.
 2011: The word Oriya was changed to Odia by the 96th Constitutional
Amendment Act.

204
 WBCS EXECUTIVE EXAMINATION
CONSTITUTIONAL AMENDMENTS

Enforc Prime
Amendm Presid
No ed Objectives Minist
ents ent
since er

1st 15, 19, 85, 18 June Added special provision for Jawaha Rajendr
87, 174, 1951 the advancement of any rlal a
176, 341, socially and educationally Nehru Prasad
342, 372 backward classes or for
and 376. the Scheduled Castes and
Insert Scheduled Tribes (SCs and
articles STs). To fully secure the
31A and constitutional validity of
31B. zamindari abolition laws and
Insert to place reasonable
schedule restriction on freedom of
9. speech. A new constitutional
device, called Schedule 9
introduced to protect against
laws that are contrary to the
Constitutionally
guaranteed fundamental
rights. These laws encroach
upon property rights,
freedom of speech and
equality before law.

2nd Amend 1 May Removed the upper

article 1953 population limit for a
81(1)(b). parliamentary constituency

205
 by amending Article 81(1)(b).

3rd Amend 22 Re-enacted entry 33 of

schedule Februar the Concurrent List in the
7. y 1955 Seventh Schedule with
relation to include trade and
commerce in, and the
production, supply and
distribution of four classes of
essential commodities, viz.,
foodstuffs, including edible oil
seeds and oils; cattle fodder,
including oilcakes and other
concentrates; raw cotton
whether ginned or unginned,
and cotton seeds; and raw
jute.

4th Amend 27 April Restrictions on property

articles 1955 rights and inclusion of related
31, 35 and bills in Schedule 9 of the
305. constitution.
Amend
schedule
9.

206
5th Amend 24 Empowered the President to
article 3. Decem prescribe a time limit for
ber a State Legislature to convey
1955 its views on proposed Central
laws relating to the formation
of new States and alteration
of areas, boundaries or
names of existing States. Also
permitted the President to
extend the prescribed limit,
and prohibited any such bill
from being introduced in
Parliament until after the
expiry of the prescribed or
extended period.

6th Amend 11 Amend the Union

articles Septem List and State List with
269 and ber respect to raising of taxes.
286. 1956
Amend
schedule
7.

7th Amend 1 Reorganization of states on

articles 1, Novem linguistic lines, abolition of
3, 49, 80, ber Class A, B, C, D states and
81, 82, 1956 introduction of Union
131, 153, territories.
158, 168,
170, 171,
216, 217,
220, 222,
224, 230,
231 and
232.

207
 Insert
articles
258A,
290A, 298,
350A,
350B, 371,
372A and
378A.
Amend
part 8.
Amend
schedules
1, 2, 4 and
7.

8th Amend 5 Extended the period of

article January reservation of seats for the
334. 1960 Scheduled Castes and
Scheduled Tribes and Anglo-
Indians in the Lok Sabha and
the State Legislative
Assemblies till 1970.

9th Amend 28 Minor adjustments to

schedule Decem territory of Indian Union
1. ber consequent to agreement
1960 with Pakistan for settlement
of disputes by demarcation of
border villages, etc.

10th Amend 11 Incorporation of Dadra and

article August Nagar Haveli as a Union
240. 1961 Territory, consequent to
Amend acquisition from Portugal.
schedule

208
 1.

11th Amend 19 Election of Vice President by

articles 66 Decem Electoral College consisting of
and 71. ber members of both Houses of
1961 Parliament, instead of
election by a Joint Sitting of
Parliament. Indemnify the
President and Vice President
Election procedure from
challenge on grounds of
existence of any vacancies in
the electoral college.

12th Amend 20 Incorporation of Goa, Daman

article Decem and Diu as a Union Territory,
240. ber consequent to acquisition
Amend 1961 from Portugal.
schedule 1

13th Amend 1 Formation of State of Sarvepa

article Decem Nagaland, with special lli
170. ber protection under Article Radhak
Insert new 1962 371A. rishnan
article
371A.

14th Amend 28 Incorporation of Pondicherry

articles 81 Decem into the Union of India and
and 240. ber creation of Legislative
Insert 1962 Assemblies for Himachal
article Pradesh, Tripura, Manipur
239A. and Goa.
Amend
schedules

209
 1 and 4.

15th Amend 5 Raise retirement age of High

articles Octobe Court judges from 60 to 62
124, 128, r 1963 and other minor amendments
217, 222, for rationalizing
224, 226, interpretation of rules
297, 311 regarding judges etc.
and 316.
Insert
article
224A.
Amend
schedule
7.

16th Amend 5 Make it obligatory for seekers

articles Octobe of public office to swear their
19, 84 and r 1963 allegiance to the Indian
173. Republic and prescribe the
Amend various obligatory templates.
schedule
3.

17th Amend 20 June To secure the constitutional

article 1964 validity of acquisition of
31A. Estates and place land
Amend acquisition laws in Schedule 9
schedule of the constitution.
9.

18th Amend 27 Technical Amendment to

article 3. August include Union Territories in
1966 Article 3 and hence permit
reorganization of Union

210
 Territories. Lal
Bahad
ur
19th Amend 11 Abolish Election Tribunals and Shastri
article Decem enable trial of election
324. ber petitions by regular High
1966 Courts.

20th Insert 22 Indemnify & validate

article Decem judgments, decrees, orders
233A. ber and sentences passed by
1966 judges and to validate the
appointment, posting,
promotion and transfer of
judges barring a few who
were not eligible for
appointment under article
233. Amendment needed to
overcome the effect of
judgment invalidating
appointments of certain
judges in the state of Uttar
Pradesh.

21st Amend 10 April Include Sindhi as an official Indira

schedule 1967 language. Gandhi
8.

22nd Amend 25 Provision to form V. V.

article Septem Autonomous states within Giri
275. ber the State of Assam.
Insert 1969
articles
244A and
371B.

211
23rd Amend 23 Discontinued reservation of
articles January seats for the Scheduled Tribes
330, 332, 1970 in Nagaland, both in the Lok
333 and Sabha and the State
334. Legislative Assembly and
stipulated that not more than
one Anglo-Indian could be
nominated by
the Governor to any State
Legislative Assembly. Extend
reservation for SCs and STs
and Anglo Indian members in
the Lok Sabha and State
Assemblies for another ten
years, i.e. up to 1980.

24th Amend 5 Enable parliament to dilute

articles 13 Novem fundamental rights through
and 368. ber amendments to the
1971 constitution.

25th Amend 8 Restrict property rights and

article 31. Decem compensation in case the
Insert ber state takes over private
article 1971 property. However,
31C. the Supreme Court quashed a
part of Article 31C, to the
extent it took away the
power of judicial review. This
was done in the landmark
case of Kesavananda Bharati
v. State of Kerala (1973) 4 SCC
225 which for the first time
enunciated the Basic
structure doctrine.

212
26th Amend 28 Abolition of privy purse paid
article Decem to former rulers of princely
366. ber states which were
Insert 1971 incorporated into the Indian
article Republic.
363A.
Remove
articles
291 and
362.

27th Amend (i)30 Reorganization of Mizoram

articles Decem into a Union Territory with a
239A and ber legislature and council of
240. 1971 & ministers.
Insert (ii) 15
articles Februar
239B and y 1972
371C.

28th Insert 29 Rationalize Civil Service rules

article August to make it uniform across
312A. 1972 those appointed prior to
Remove Independence and post
article independence.
314.

29th Amend 9 June Place land reform acts and

schedule 1972 amendments to these acts
9. under Schedule 9 of the
constitution.

30th Amend 9 June Change the basis for appeals

article in Supreme Court of India in

213
 133. 1972 case of Civil Suits from value
criteria to one involving
substantial question of law.

31st Amend 17 Increase size of Parliament

articles Octobe from 525 to 545 seats.
81, 330 r 1973 Increased seats going to the
and 332. new states formed in North
East India and minor
adjustment consequent to
1971 Delimitation exercises.

32nd Amend 1 July Protection of regional rights

article 1974 in Telangana and Andhra
371. regions of State of Andhra
Insert Pradesh.
articles 37
1D and
371E.
Amend
schedule
7.

33rd Amend 19 May Prescribes procedure for

articles 1974 resignation by members of
101 and parliament and state
190. legislatures and the
procedure for verification and
acceptance of resignation by
house speaker.

34th Amend 7 Place land reform acts and Fakhrud

schedule Septem amendments to these act din Ali
9. ber under Schedule 9 of the Ahmed

214
 1974 constitution.

35th Amend 1 Terms and Conditions for

articles 80 March the Incorporation of
and 81. 1975 Sikkim into the Union of
Insert India.
article 2A.
Insert
schedule
10.

36th Amend 26 April Formation of Sikkim as a

articles 80 1975 State within the Indian Union.
and 81.
Insert
article
371F.
Remove
article 2A.
Amend
schedules
1 and 4.
Remove
schedule
10.

37th Amend 3 May Formation of Arunachal

articles 1975 Pradesh legislative assembly.
239A and
240.

38th Amend 1 Enhances the powers of

articles August President and Governors to
123, 213, 1975 pass ordinances.
239B, 352,

215
 356, 359
and 360.

39th Amend 10 Amendment designed to

articles 71 August negate the judgment of
and 329. 1975 Allahabad High Court
Insert invalidating Prime Minister
article Indira Gandhi's election to
329A. parliament. Amendment
Amend placed restrictions on judicial
schedule scrutiny of post of Prime
9. Minister. The amendment
was introduced and passed in
the Lok Sabha on 7 August
1975 and again introduced
and passed in the Rajya
Sabha on 8 August 1975. As
many as 17 State Assemblies,
summoned on Saturday, 9
August ratified this
amendment and President
Fakhruddin Ali Ahmad gave
his assent on Sunday, 10
August and the civil servants
issued gazette notification on
Sunday, 10 August 1975. As a
consequence of this
amendment to the
Constitution of India,
Supreme Court of India's
scheduled hearing on 11
August 1975 of Petition
challenging Prime Minister
Indira Gandhi's election
became infructuous.

Later however, Article 329A

216
 was struck down by the
Supreme Court in case
of State of Uttar Pradesh v.
Raj Narain 1976 (2) SCR 347,
for being in violation of basic
structure.
40th Amend 27 May Enable Parliament to make
article 1976 laws with respect to Exclusive
297. Economic Zone and vest the
Amend mineral wealth with Union of
schedule India.
9. Place land reform & other
acts and amendments to
these acts under Schedule 9
of the constitution.
41st Amend 7 Raise Retirement Age Limit of
article Septem Chairmen and Members of
316. ber Joint Public Service
1976 Commissions and State Public
Service Commissions from
sixty to sixty two.
42nd Amend 3 Amendment passed during
articles January internal emergency by Indira
31, 31C, ,1 Gandhi. Provides for
39, 55, 74, Februar curtailment of fundamental
77, 81, 82, y&1 rights, imposes fundamental
83, 100, April duties and changes to the
102, 103, 1977 basic structure of the
105, 118, constitution by making India a
145, 150, "Socialist Secular" Republic.
166, 170, However, the Supreme Court,
172, 189, in Minerva Mills v. Union of
191, 192, India, quashed the
194, 208, amendments to Articles 31C
217, 225, and 368 as it was in
226, 227, contravention with the basic

217
 228, 311, structure of the Constitution.
312, 330,
352, 353,
356, 357,
358, 359,
366, 368
and 371F.
Insert
articles
31D, 32A,
39A, 43A,
48A,
131A,
139A,
144A,
226A,
228A and
257A.
Insert
parts 4A
and 14A.
Amend
schedule
7.
43rd Amend 13 April Amendment passed after Morarji Neelam
articles 1978 revocation of internal Desai Sanjiva
145, 226, emergency in the Country. Reddy
228 and Repeals some of the more
366. 'Anti-Freedom' amendments
Remove enacted through Amendment
articles Bill 42.
31D, 32A,
131A,
144A,
226A and
228A.
44th Amend 20 Amendment passed after
articles June, 1 revocation of internal

218
 19, 22, 30, August emergency in the Country.
31A, 31C, &6 Provides for human rights
38, 71, 74, Septem safeguards and mechanisms
77, 83, ber to prevent abuse of executive
103, 105, 1979 and legislative authority.
123, 132, Annuls some Amendments
133, 134, enacted in Amendment Bill
139A, 150, 42.
166, 172,
192, 194,
213, 217,
225, 226,
227, 239B,
329, 352,
356, 358,
359, 360
and 371F.
Insert
articles
134A and
361A.
Remove
articles
31, 257A
and 329A.
Amend
part 12.
Amend
schedule
9.
45th Amend 25 Extend reservation for SCs Indira
article January and STs and nomination of Gandhi
334. 1980 Anglo Indian members in
Parliament and State
Assemblies for another ten
years i.e. up to 1990.
46th Amend 2 Amendment to negate
articles Februar judicial pronouncements on Zail

219
 269, 286 y 1983 scope and applicability on Singh
and 366. Sales Tax.
Amend
schedule
7.
47th Amend 26 Place land reform acts and
schedule August amendments to these acts
9. 1984 under Schedule 9 of the
constitution.
48th Amend 1 April Article 356 amended to
article 1985 permit President's rule up to
356. two years in the state of
Punjab.
49th Amend 11 Recognize Tripura as a tribal
article Septem state and enable the creation
244. ber of a Tripura Tribal Areas
Amend 1984 Autonomous District Council.
schedules
5 and 6.
50th Amend 11 Technical Amendment to
article 33. Septem curtailment of Fundamental
ber Rights as per Part III as
1984 prescribed in Article 33 to
cover Security Personnel
protecting property and
communication
infrastructure.
51st Amend 16 June Provide reservation to
articles 1986 Scheduled Tribes in Nagaland,
330 and Meghalaya, Mizoram and
332. Arunachal Pradesh in
Loksabha, similarly for
Meghalaya and Arunachal in
their Legislative Assemblies.
52nd Amend 1 Anti Defection Law – Provide Rajiv
articles March disqualification of members Gandhi
101, 102, 1985 from parliament and
190 and assembly in case of defection

220
 191. from one party to other.
Insert However, parts of the 10th
schedule Schedule to the Constitution
10. of India was struck down by
the Supreme Court in the
case of Kihoto Hollohan v.
Zachillhu 1992 SCR (1) 686,
for being in contravention
with Article 368 of the
Constitution.
53rd Insert 20 Special provision with respect
article Februar to the State of Mizoram.
371G. y 1987
54th Amend 1 April Increase the salary of Chief
articles 1986 Justice of India & other
125 and Judges and to provide for
221. determining future increases
Amend without the need for
schedule constitutional amendment.
2.
55th Insert 20 Special powers to Governor
article Februar consequent to formation of
371H. y 1987 state of Arunachal Pradesh.
56th Insert 30 May Transition provision to enable
article 1987 formation of state of Goa.
371I.
57th Amend 21 Provide reservation to R.
article Septem Scheduled Tribes in Nagaland, Venkat
332. ber Meghalaya, Mizoram and araman
1987 Arunachal Pradesh Legislative
Assemblies.
58th Insert 9 Provision to publish authentic
article Decem Hindi translation of
394A. ber constitution as on date and
Amend 1987 provision to publish authentic
part 22. Hindi translation of future
amendments.

221
59th Amend 30 Article 356 amended to
article March permit President's rule up to
356. 1988 three years in the state of
Insert Punjab, Articles 352 and
article Article 359A amended to
359A. permit imposing emergency
in state of Punjab or in
specific districts of the state
of Punjab.
60th Amend 20 Profession Tax increased from
article Decem a minimum of Rs. 250/- to a
276. ber maximum of Rs. 2500/-.
1988
61st Amend 28 Reduce age for voting rights
article March from 21 to 18.
326. 1989
62nd Amend 20 Extend reservation for SCs
article Decem and STs and nomination of V. P.
334. ber Anglo Indian members in Singh
1989 Parliament and State
Assemblies for another ten
years i.e. up to 2000.
63rd Amend 6 Emergency powers applicable
article January to State of Punjab accorded in
356. 1990 Article 359A as per
Remove amendment 59 repealed.
article
359A.
64th Amend 16 April Article 356 amended to
article 1990 permit President's rule up to
356. three years and six months in
the state of Punjab.
65th Amend 12 National Commission for
article March Scheduled Castes and
338. 1992 Scheduled Tribes formed and
its statutory powers specified
in The Constitution.

222
66th Amend 7 June Place land reform acts and
schedule 1990 amendments to these acts
9. under Schedule 9 of the
constitution.
67th Amend 4 Article 356 amended to
article Octobe permit President's rule up to
356. r 1990 four years in the state of
Punjab.
68th Amend 12 Article 356 amended to
article March permit President's rule up to
356. 1991 five years in the state of
Punjab.
69th Insert 1 To provide for a legislative P. V.
articles Februar assembly and council of Narasi
239AA y 1992 ministers for National Capital mha
and Territory of Delhi. Delhi Rao
239AB. continues to be a Union
Territory.
70th Amend 21 Include National Capital
articles 54 Decem Territory of Delhi and Union
and ber Territory of Pondicherry
239AA. 1991 in Electoral College for
presidential election.
71st Amend 31 Include Konkani, Manipuri an Shankar
schedule August d Nepali as official languages. Dayal
8. 1992 Sharma
72nd Amend 5 Provide reservation to
article Decem Scheduled Tribes in Tripura
332. ber State Legislative Assembly.
1992
73rd Insert part 24 April Statutory provisions for
9. 1993 Panchyat Raj as third level of
administration in villages.
74th Insert part 1 June Statutory provisions for Local
9A, 1993 Administrative bodies as third
amend level of administration in
article urban areas such as towns

223
 280. and cities.
75th Amend 15 May Provisions for setting up Rent
article 1994 Control Tribunals.
323B.
76th Amend 31 Enable continuance of
schedule August 69% reservation in Tamil
9. 1994 Nadu by including the
relevant Tamil Nadu Act
under 9th Schedule of the
constitution.
77th Amend 17 June A technical amendment to
article 16. 1995 protect reservation to SCs
and STs Employees in
promotions.
78th Amend 30 Place land reform acts and
schedule August amendments to these acts
9. 1995 under Schedule 9 of the
constitution.
79th Amend 25 Extend reservation for SCs Atal K. R.
article January and STs and nomination of Bihari Naraya
334. 2000 Anglo Indian members in Vajpay nan
Parliament and State ee
Assemblies for another ten
years i.e. up to 2010.
80th Amend 9 June Implement Tenth Finance
articles 2000 Commission recommendation
269 and to simplify the tax structures
270. by pooling and sharing all
Remove taxes between states and the
article centre.
272.
81st Amend 9 June Protect SCs and STs
article 16. 2000 reservation in filling backlog
of vacancies.
82nd Amend 8 Permit relaxation of
article Septem qualifying marks and other
335. ber criteria in reservation in

224
 2000 promotion for SCs and STs
candidates.
83rd Amend 8 Exempt Arunachal Pradesh
article Septem from reservation for
243M. ber Scheduled Castes in
2000 Panchayati Raj institutions.
84th Amend 21 Extend the usage of 1971
articles Februar national census population
55, 81, 82, y 2002 figures for state wise
170, 330 distribution of parliamentary
and 332. seats.
85th Amend 4 A technical amendment to
article 16. January protect Consequential
2002 seniority in case of
promotions of SCs and STs
Employees.
86th Amend 12 Provides Right to Education A. P. J.
articles 45 Decem until the age of fourteen and Abdul
and 51A. ber Early childhood care until the Kalam
Insert 2002 age of six.
article
21A.
87th Amend 22 June Extend the usage of 2001
articles 2003 national census population
81, 82, figures for state wise
170 and distribution of parliamentary
330. seats.
88th Amend 15 To extend statutory cover for
article January levy and utilization of Service
270. 2004 Tax.
Insert
article
268A.
Amend
schedule
7.
89th Amend 28 The National Commission for

225
 article Septem Scheduled Castes and
338. ber Scheduled Tribes was
Insert 2003 bifurcated into The National
article Commission for Scheduled
338A. Castes and The National
Commission for Scheduled
Tribes.
90th Amend 28 Reservation in Assam
article Septem Assembly relating to
332. ber Bodoland Territory Area.
2003
91st Amend 1 Restrict the size of council of
articles 75 January ministers to 15% of legislative
and 164. 2004 members & to strengthen
Insert Anti Defection laws.
article
361B.
Amend
schedule
10.
92nd Amend 7 Include Bodo, Dogri, Santali a
schedule January nd Mathili as official
8. 2004 languages.
93rd Amend 20 To enable provision of Manm
article 15. January reservation (27%) for Other ohan
2006 Backward Class (OBCs) in Singh
government as well as private
educational institutions.
94th Amend 12 June To provide for a Minister of
article 2006 Tribal Welfare in newly
164. created Jharkhand and
Chhattisgarh States including
Madhya Pradesh and Orissa.
95th Amend 25 To extend the reservation of Pratibh
article January seats for SCs and STs and a Patil
334. 2010 Anglo-Indian in the Lok Sabha
and states assemblies from
Sixty years to Seventy years.

226
96th Amend 23 Substituted "Odia" in the
schedule Septem place of "Oriya".
8. ber
2011
97th Amend 12 Added the words "or co-
Art 19 and January operative societies" after the
added 2012 word "or unions" in Article
Part IXB. 19(l)(c) and insertion of
article 43B i.e., Promotion of
Co-operative Societies and
added Part-IXB i.e., The Co-
operative Societies. In July
2021 Supreme Court Struck
Part of the amendment as it
was not ratified by the states.
The amendment objective is
to encourage economic
activities of cooperatives
which in turn help progress of
rural India. It is expected to
not only ensure autonomous
and democratic functioning of
cooperatives, but also the
accountability of the
management to the members
and other stakeholders.
98th To insert 1 To empower the Governor of Pranab
Article January Karnataka to take steps to Mukher
371J in 2013 develop the Hyderabad- jee
the Karnataka Region.
Constituti
on
99th Insertion 13 April Formation of a National Narend
of new 2015Re Judicial Appointments ra
articles pealed Commission. 16 State Modi
124A, 16 assemblies out of 29 States
124B and Octobe including Goa, Rajasthan, Trip

227
 124C. r 2015 ura, Gujarat and Telangana ra
Amendme tified the Central Legislation,
nts to enabling the President of
Articles India to give assent to the
127, 128, bill. The amendment was
217, 222, struck down by the Supreme
224A, 231. Court on 16 October 2015.
100t Amendme 31 July Exchange of certain enclave
h nt of First 2015 territories with Bangladesh an
Schedule d conferment of citizenship
to rights to residents of
Constituti enclave’s consequent to
on signing of Land Boundary
Agreement (LBA) Treaty
between India and
Bangladesh.
101s Addition 1 July Introduced the Goods and
t of articles 2017 Services Tax.
246A,
269A,
279A.
Deletion
of Article
268A.
Amendme
nt of
articles
248, 249,
250, 268,
269, 270,
271, 286,
366, 368,
Sixth
Schedule,
Seventh
Schedule.
102n Addition 11 Constitutional status

228
d of articles August to National Commission for Ram
338B, 2018 Backward Classes Nath
342A, and Kovind
Added
Clause
26C.
Modificati
on of
articles
338, 366.
103r Amendme 12 A maximum of 10%
d nt to January Reservation for Economically
Article 15, 2019 Weaker Sections (EWSs) of
added citizens of classes other than
Clause [6], the classes mentioned in
clauses (4) and (5) of Article
Amendme
15, i.e. Classes other than
nt to
socially and educationally
Article 16,
backward classes of citizens
added
or the Scheduled Castes and
Clause [6].
the Scheduled Tribes.
Inserted Clause [6] under
Article 15 as well as Inserted
Clause [6] under Article 16.
104t Amend 25 To extend the reservation of
h article 334 January seats for SCs and STs in the
2020 Lok Sabha and states
assemblies from Seventy
years to Eighty years.
Removed the reserved seats
for the Anglo-Indian
community in the Lok Sabha
and state assemblies

105t Amended 10 To restore states' power to make

Article 338B, August their own OBC lists. Annulling
h 342A and 2021 Supreme Court judgment of 11 May
366 2021.

229
 WBCS EXECUTIVE EXAMINATION
CENTRAL BUREAU OF INVESTIGATION

CBI

The Central Bureau of Investigation is the premier investigating agency of

India. It operates under the jurisdiction of the Ministry of Personnel,
Public Grievances and Pensions, Government of India.

 Central Bureau of Investigation (CBI) is the premier investigating police

agency in India.
 It functions under the superintendence of the Deptt. of Personnel,
Ministry of Personnel, Pension & Public Grievances, Government of
India - which falls under the prime minister’s office.
 However for investigations of offences under the Prevention of
Corruption Act, its superintendence vests with the Central Vigilance
Commission.
 It is also the nodal police agency in India which coordinates
investigation on behalf of Interpol Member countries.
 Its conviction rate is as high as 65 to 70% and it is comparable to the
best investigation agencies in the world.

Historical Background
 During the period of World War II, a Special Police Establishment (SPE)
was constituted in 1941 in the Department of War of the British India
to enquire into allegations of bribery and corruption in the war related
procurements.
 Later on it was formalized as an agency of the Government of India to
investigate into allegations of corruption in various wings of the
Government of India by enacting the Delhi Special Police Establishment
(DSPE) Act, 1946.

230
Cases Handled by the CBI
 Anti-Corruption Crimes
 Economic Crimes
 Special Crimes
 Suo Moto Cases
Director of CBI
 Director, CBI as Inspector General of Police, Delhi Special Police
Establishment, is responsible for the administration of the
organisation.
 Till 2014, the CBI Director was appointed on the basis of the DSPE Act,
1946.
 In 2003, DSPE Act was revised on Supreme Court’s recommendation in
the Vineet Narain case. A committee that had members from Central
Vigilance Commission, Secretaries from Home Ministry, Ministry of
Personnel and Public Grievances would send recommendations to
Central Government for the appointment of CBI Director.
 In 2014, the Lokpal Act provided a committee for appointment of CBI
Director:
 Headed by Prime Minister
 Other members - Leader of Opposition/ Leader of the single largest
opposition party, Chief Justice of India/ a Supreme Court Judge.
 Home Ministry sends a list of eligible candidates to DoPT. Then, the
DoPT prepares the final list on basis of seniority, integrity, and
experience in the investigation of anti-corruption cases, and sends it to
the committee.
 The CBI headquarter is located in CGO Complex, near Jawaharlal Nehru
Stadium in New Delhi.

231
List of CBI Directors of India
The following tables give information about the CBI Directors through the years:
CBI Directors Tenure
D. P. Kohli 1 April 1963 – 31 May 1968
F. V. Arul 31 May 1968 – 6 May 1971
D. Sen 6 May 1971 – 29 March 1977
S. N. Mathur 29 March 1977 – 2 May 1977
C. V. Narsimhan 2 May 1977- 25 November 1977
John Lobo 25 November 1977 – 30 June 1979
R. D. Singh 30 June 1979 – 24 January 1980
J. S. Bajwa 24 January 1980 – 28 February 1985
M. G. Katre 28 February 1985 – 31 October 1989
A. P. Mukherjee 31 October 1989 – 11 January 1990
R. Sekhar 11 January 1990 – 14 February 1990
S. K. Datta 14 February 1990 – 31 July 1993
K. V. R. Rao 31 July 1993 – 31 July 1996
Joginder Singh 31 July 1996 – 30 June 1997
R. C. Sharma 30 June 1997 – 31 January 1998
D. R. Karthikeyan (acting) 31 January 1998 – 31 March 1998
T. N. Mishra (acting) 31 March 1998 – 4 January 1999
R. K. Raghavan 4 January 1999 – 1 April 2001
P. C. Sharma 1 April 2001 – 6 December 2003
U. S. Misra 6 December 2003 – 6 December 2005
Vijay ShankerTiwari 12 December 2005 – 31 July 2008
Ashwani Kumar 2 August 2008 – 30 November 2010
A. P. Singh 30 November 2010 – 30 November 2012
RanjitSinha 3 December 2012 – 2 December 2014
Anil Sinha 3 December 2014 – 2 December 2016
RakeshAsthana (Special Director) 3 December 2016 – 31 January 2017
Raaz P 1 February 2017 – 10 January 2019
M. NageshwarRao (interim) 24 October 2018 – 1 February 2019
Rishi Kumar Shukla 2 February 2019 – Present (in-charge)

232
 WBCS EXECUTIVE EXAMINATION

NATIONAL INVESTIGATION AGENCY

ESTABISHMENT YEAR:
In 2017, Y. C. Modi was
named as Chief of NIA in September.
He was succeeded by Kuldeep
Singh in June 2021. CRPF chief
Kuldeep Singh has been given the
additional charge of the Director-
General of the National Investigation
Agency (NIA) to replace Y C Modi.
NIA was constituted under the NIA
Act, 2008 as the aftermath of the
Mumbai Terror attack of 2008. There
are 649 employees in the agency and this agency comes under the Ministry of
Home Affairs.

The National Investigation Agency (NIA) acts as the Central Counter-Terrorism

Law Enforcement Agency. The agency is authorised to investigate any terror-
related matter across the country without special permission of the states. The
National Investigation Agency (NIA) is the primary counter-terrorist task force of
India. The agency is empowered to deal with the investigation of terror related
crimes across states without special permission from the states under written
proclamation from the Ministry of Home Affairs. The Agency came into
existence with the enactment of the National Investigation Agency Act 2008 by
the Parliament of India on 31 December 2008, which was passed after the
deadly 26/11 terror attack in Mumbai. Such an attack revealed the failure of
intelligence and ability to track such activities by existing agencies in India; hence
the government of India realized the need of a specific body to deal with terror
related activities in India, thereby establishing the NIA. Headquartered in New
Delhi, the NIA has branches in Hyderabad, Guwahati, Kochi, Lucknow, Mumbai,
Kolkata, Raipur, Jammu, Chandigarh, Ranchi, Chennai and Imphal. It maintains
the NIA Most Wanted list.

233
CONSTITUTIONAL PROVISION:
Under the constitution of India, law and order is a state subject. There
have been questions raised on how NIA is usurping state rights under the guise
of fighting terror. In 2020 Chhatishgarh state filed a case against the act in the
Supreme Court that the said act violates the constitution. A US Embassy cable
accessed by The Hindu says that union home minister P Chidambaram, in his
discussion with FBI Director Robert Mueller, was coming 'perilously close to
crossing constitutional limits' in empowering the NIA, and also that the National
Investigation Agency's powers could be challenged in the courts as violating
constitutional provisions on Centre-State relations. These ambiguities that the
states' privilege is been encroached upon by the Centre using this act, is resolved
using the 'doctrine of Pith and Substance'. Agency aims to be a thoroughly
professional investigative agency matching the best international standards. It
aims to set the standards of excellence in counter terrorism and other national
security related investigations at the national level by developing into a highly
trained, partnership oriented workforce. It also aims at creating deterrence for
existing and potential terrorist groups/individuals. It aims to develop as a
storehouse of all terrorist related information.

FUNCTION:
 The National Investigation Agency (NIA) is a central agency established by
the Indian Government to combat terror in India. NIA was constituted under
the NIA Act, 2008. It was established after the 2008 Mumbai terror attacks as
a central agency to combat terrorism. There are 649 employees in the
agency and this agency comes under the Ministry of Home Affairs.

 The National Investigation Agency (NIA) acts as the Central Counter

Terrorism Law Enforcement Agency. The agency is authorised to investigate
any terror related matter across the country without special permission of
the states. Although the state government can request the Central
Government to hand over the investigation of a case to the NIA.

DIRECTOR:
The founding Director-General of NIA was Radha Vinod Raju, and he
served until 31 January 2010. He was succeeded by Sharad Chandra Sinhauntil
March 2013.

234
 The National Investigation Agency (NIA) was established on 31st
December, 2008, in the aftermath of the traumatic Mumbai Terror Attack (MTA)
on 26th November, 2008, to create an elite agency dedicated towards the
investigation and prosecution of offences affecting sovereignty, security and
integrity of India. It is the designated National Counter Terrorism Law
Enforcement Agency in India.
With its headquarters in New Delhi, over the past 12 years, the NIA has
expanded its footprint and established its branch offices in different locations
including Hyderabad, Guwahati, Mumbai, Kochi, Lucknow, Kolkata, Raipur,
Jammu, Chandigarh, Ranchi, Chennai and Imphal to investigate offences under
its mandate in particularised theatres with customised sophistication.
Over the past 12 years, NIA has made its presence felt in all the theatres of
Counter Terrorism including North Eastern States, Jammu and Kashmir and Left
Wing Extremism affected states. NIA has investigated diverse types of cases
related to Terror Financing- FICN, Jihadi terrorism, Global terror outfits like ISIS
and Al Queda, Khalistan Extremism, Espionage and Human Trafficking. We have
done some remarkable investigations and have contributed in a significant
manner to improve the overall security scenario in the above theatres.
For a young organisation like NIA past 12 years have been very challenging, and
the focus has not only been on investigating complex cases of terrorism,
insurgency, terror funding having inter-state and international ramifications, but
also on building a new institution with robust systems well suited to the present
times.
Given the increased sophistication and constant evolving threats that we
face, NIA has made considerable efforts to improve the quality of our manpower
by imparting rigorous in-service training to our officers and men. We are all
committed to make the NIA a highly professional organisation with outstanding
organisational culture and work ethics. Keeping in mind the significance of our
mandate and the challenges that we face, we strive for continuous up-gradation
of our knowledge of law, criminal procedure, investigation and knowledge of
terrorist organisations so as to keep ourselves abreast of latest developments
and to be able to anticipate an emerging threat.
Though NIA is one of the youngest law enforcement organisations in the
country, it has made meaningful contribution to the security scenario by
investigating and successfully prosecuting many complex and important cases.
NIA’s conviction rate is well above 90 percent, which is at par with the best
investigating agencies in the world.

235
 WBCS EXECUTIVE EXAMINATION
Lokpal and Lokayukta
A Lokpal is an anti-corruption authority or body of ombudsman who
represents the public interest in the Republic of India.

Lokayukta investigates cases of corruption committed at state level, and

once proved recommends action. It is a great check on corruption, brings
about transparency in the system, and makes administrative machinery
citizen friendly.

 The Lokpal and Lokayukta Act, 2013 provided for the establishment
of Lokpal for the Union and Lokayukta for States.
 These institutions are statutory bodies without any constitutional
status.
 They perform the function of an "ombudsman” and inquire into
allegations of corruption against certain public functionaries and
for related matters.

The Lokpal and Lokayuktas (Amendment) Bill, 2016

 This Bill was passed by Parliament in July 2016 and amended the
Lokpal and Lokayukta Act, 2013.
 It enables the leader of the single largest opposition party in the
Lok Sabha to be a member of the selection committee in the
absence of a recognized Leader of Opposition.
 It also amended section 44 of the 2013 Act that deals with the
provision of furnishing of details of assets and liabilities of public
servants within 30 days of joining the government service.
 The Bill replaces the time limit of 30 days, now the public servants
will make a declaration of their assets and liabilities in the form and
manner as prescribed by the government.

236
  It also gives an extension of the time given to trustees and board
members to declare their assets and those of their spouses in case
of these are receiving government funds of more than Rs. 1 crore
or foreign funding of more than Rs. 10 lakh.

Background
 In 1809, the institution of ombudsman was inaugurated officially in
Sweden.
 In the 20th century, Ombudsman as an institution developed and grew
most significantly after the Second World War.
 New Zealand and Norway adopted this system in the year 1962 and it
proved to be of great significance in spreading the concept of the
ombudsman.
 In 1967, on the recommendations of the Whyatt Report of 1961, Great
Britain adopted the institution of the ombudsman and became the first
large nation in the democratic world to have such a system.
 In 1966, Guyana became the first developing nation to adopt the
concept of the ombudsman. Subsequently, it was further adopted by
Mauritius, Singapore, Malaysia, and India as well.
 In India, the concept of constitutional ombudsman was first proposed
by the then law minister Ashok Kumar Sen in parliament in the early
1960s.
 The term Lokpal and Lokayukta were coined by Dr. L. M. Singhvi.
 In 1966, the First Administrative Reforms Commission recommended
the setting up of two independent authorities- at the central and state
level, to look into complaints against public functionaries, including
MPs.
 In 1968, Lokpal bill was passed in Lok Sabha but lapsed with the
dissolution of Lok Sabha and since then it has lapsed in the Lok Sabha
many times.
 Till 2011 eight attempts were made to pass the Bill, but all met with
failure.
 In 2002, the Commission to Review the Working of the Constitution
headed by M.N. Venkata chaliah recommended the appointment of

237
 the Lokpal and Lokayuktas; also recommended that the PM be kept
out of the ambit of the authority.
 In 2005, the Second Administrative Reforms Commission chaired by
Veerappa Moily recommended that the office of Lokpal should be
established without delay.
 In 2011, the government formed a Group of Ministers, chaired by
Pranab Mukherjee to suggest measures to tackle corruption and
examine the proposal of a Lokpal Bill.
 "India Against Corruption movement" led by Anna Hazare put pressure
on the United Progressive Alliance (UPA) government at the Centre
and resulted in the passing of the Lokpal and Lokayuktas Bill, 2013, in
both the Houses of Parliament.
 It received assent from President on 1 January 2014 and came into
force on 16 January 2014.

 Structure of Lokpal
 Lokpal is a multi-member body, that consists of one chairperson and a
maximum of 8 members.
 Chairperson of the Lokpal should be either the former Chief Justice of
India or the former Judge of Supreme Court or an eminent person with
impeccable integrity and outstanding ability, having special knowledge
and expertise of minimum 25 years in the matters relating to anti-
corruption policy, public administration, vigilance, finance including
insurance and banking, law and management.
 Out of the maximum eight members, half will be judicial members and
minimum 50% of the Members will be from SC/ ST/ OBC/ Minorities
and women.
 The judicial member of the Lokpal either a former Judge of the
Supreme Court or a former Chief Justice of a High Court.
 The non-judicial member should be an eminent person with
impeccable integrity and outstanding ability, having special knowledge
and expertise of minimum 25 years in the matters relating to anti-
corruption policy, public administration, vigilance, finance including
insurance and banking, law and management.

238
 The term of office for Lokpal Chairman and Members is 5 years or till
the age of 70 years.
 The members are appointed by the president on the recommendation
of a Selection Committee.
 The selection committee is composed of the Prime Minister who is the
Chairperson; Speaker of Lok Sabha, Leader of Opposition in Lok Sabha,
Chief Justice of India or a Judge nominated by him/her and One
eminent jurist.
 For selecting the chairperson and the members, the selection
committee constitutes a search panel of at least eight persons.

Lokpal Jurisdiction and Powers

 Jurisdiction of Lokpal includes Prime Minister, Ministers, members of
Parliament, Groups A, B, C and D officers and officials of Central
Government.
 Jurisdiction of the Lokpal included the Prime Minister except on
allegations of corruption relating to international relations, security,
the public order, atomic energy and space.
 The Lokpal does not have jurisdiction over Ministers and MPs in the
matter of anything said in Parliament or a vote given there.
 Its jurisdiction also includes any person who is or has been in charge
(director/ manager/ secretary) of anybody/ society set up by central
act or any other body financed/ controlled by central government and
any other person involved in act of abetting, bribe giving or bribe
taking.
 The Lokpal Act mandates that all public officials should furnish the
assets and liabilities of themselves as well as their respective
dependents.
 It has the powers to superintendence over, and to give direction to
CBI.
 If Lokpal has referred a case to CBI, the investigating officer in such
case cannot be transferred without the approval of Lokpal.

239
 The Inquiry Wing of the Lokpal has been vested with the powers of a
civil court.
 Lokpal has powers of confiscation of assets, proceeds,
receipts and benefits arisen or procured by means of corruption in
special circumstances.
 Lokpal has the power to recommend transfer or suspension of public
servant connected with allegation of corruption.
 Lokpal has the power to give directions to prevent the destruction of
records during the preliminary inquiry.

240
 WBCS PRELIMS PREVIOUS YEAR
QUESTION 2000-2020

FRAMING OF INDIAN 5. During which of the following

CONSTITUTION periods did the Constituent
Assembly deliberate upon and
1. The Constitution of Independent finalise the Constitution of
India was put in practice on India?
(a) 15th August 1947 (a) November, 1946-
(b) 26th January, 1949 November, 1949
(c) 26th January, 1950 (b) November, 1947-
(d) 26th January, 1951 November, 1949
(c) December, 1946-
2. The President of the Constituent November, 1949
Assembly of 1946 was (d) December, 1947-
(a) Dr. Rajendra Prasad November,1949
(b) Jawaharlal Nehru
(c) Vallabhai Patel 6. Who, among the following, was
(d) Abul Kalam Azad the Chairperson of the Drafting
Committee set up by the
3. The Constitution of India was Constituent Assembly?
adopted on (a) Jawaharlal Nehru
(a) January26, 1950 (b) Dr. Rajendra Prasad
(b) January 26, 1949 (c) Dr. B. R. Ambedkar (d)
c) November 26, 1949 None of these
(c) December 31, 1949
7. How many members were
4. India's new Constitution was initially in the Constituent
adopted (signed) on Assembly of India?
(a) 26 November 1949 (a) 300
(b) 20 December 1949 (b) 304
(c) 25 December 1949 (c) 389
(d) 30 January 1950 (d) 310

241
8. Which of the following was the a) 26 November, 1949
biggest source for the b) 26 December , 1949
Constitution of India? c) 25 December, 1949
a) The Government of India d) 26 January , 1950
Act, 1919
b) The Government of India 13. Who was the president of the
Act, 1935 Constitution Assembly?
c) The Indian Independence a) B.R Ambedkar
Act, 1947 b) C Rajagopalachari
d) None of these c) Rajendra Prasad
d) Jawaharlal Nehru

9. What was the number of the 14. Mark the correct date and year
princely states in India at the in which Indian Constitution
time of partition? came into being
(a) 555 a) 15th August 1947
(b) 558 b) 24th July, 1948
(c) 560 c) 20th January, 1951
(d) 562 d) 26th January, 1950

10. The Constitution of India 15. In who’s the first president of

established a Parliamentary the “constituent assembly”?
system of Government following a) Dr ambedkar
the pattern of b) Rajagopalachari
(a) France c) Abul kalam azad
(b) Britain d) Dr. rajendra Prasad
(c) Canada
(d) Sweden 16. In whose report the idea of
federation of state was first
11. The Constitution of India came in proposed?
to force on a) Rajagopalachari
(a) December 9, 1946 b) Sarat Bose
(b) January 16, 1949 c) Motilal Nehru
(c) January 26, 1950 d) Shyamaprasad Mukherjee
(d) November 26, 1951
17. India achieved political
12. India’s new Constitution was independence from British Role
adopted (signed) on on

242
 a) 26th January,1950 a. 3rd December
b) 2nd October, 1942 b. 25th October
c) 15th August 1947 c. 5th January
d) 3rd December, 1972 d. 26th November

18. Who was one of the advocates 23. Indian Constitution is adopted
of ‘United Sovereign Bengal’? by the Constituent Assembly on
a) H.S Surhawarid a. 15th August, 1947
b) Shyamaprashad Mukherjee b. 26th January, 1950
c) Maulana Abul Kalam Azad c. 2nd October, 1950
d) None of Above. d. 26th November, 1949

24. Indian Constitution was

19. The Constitution of India was prepared by
adopted on a. Mohandas Karamchand
a. January 26,1950 Gandhi
b. January 26, 1949 b. Jawaharlal Lal Nehru
c. November 26, 1949 c. Dr. B.R. Ambedkar
d. December 31, 1949 d. Sardar Bellay Bhai Patel

20. Mark the correct date and year

in which the Indian Constitution FEATURES OF INDIAN
came into being CONSTITUTION
a. 15 August, 1947
b. 24 July, 1948 1. The Indian Constitution provides
c. 20 January, 1951 for a form of government which is
d. 26 January, 1950 a) Quasi-federal
b) (b)Federal
21. The Constitution of India was c) Unitary
adopted by – d) None of these
a. Indian National Congress
b. Indian League 2. The system of Government in
c. Indian Constituent India is actually
Assembly a. Federal
d. None of the above b. Unitary
c. Unitary with federal features
22. Samvidhan Divas or Constitution d. None of these
Day is celebrated in India on

243
3.What is the chief source of a. Deputy Chairman of
political power in India? Raja Sabah
a. The people b. Deputy Speaker of Lok
b. The Constitution Sabha
c. The Parliament c. Deputy Speaker of State
d. None of these Legislative Assembly
(d) Deputy Prime Minister
4. Communalism Means
a. Showing favour to one 8. What is the proper connotation of
community the term "secularism"?
b. All communities are equal a) The State is the patron of
before law all religions
c. Showing favour on the basis b) In the affairs of
of religion Governance and
d. None of the above formulation of State
Policies the state is not
Guided by religious
5.The Constitution of India is considerations
a. Rigid c) The State should
b. Flexible promote dominant
c. Partly rigid, partly flexible religion
d. Very rigid d) None of the above
e)
6.The Preamble to the Constitution 9. What does the term 'sovereign'
declares India as imply?
a. a Sovereign, Democratic, a) Free from external control
Republic b) Free from internal control
b. a Socialist, Democratic c) Free from territorial
Republic disputes
c. a Sovereign, Socialist, d) Free from control by any
Secular, Democratic Republic international body
d. a Federal, Democratic
Republic 10. The Constitution of which one
of the following countries
7. .Which one of the following conventions play prominent role?
offices has not been provided by the a. US Constitution
Indian Constitution? b. French Constitution
c. Indian Constitution

244
 d. British Constitution c. Are not enforceable
through the court of law
11. Indian Polity is d. Have been borrowed from
a. Federal in nature the American Constitution
b. Semi-feudal in nature
c. Unitary in nature 2. Which one of the following is not
d. None of these a fundamental right under the
Indian Constitution?
(a) The right to equality
(b) The right to property
(c) The right to liberty
(d) The right against
12 India's political system is exploitation
a. Democratic
b. Dictatorial 3. The concept of welfare state is
c. Military included in the Constitution of
d. None of these India in the
(a) Preamble
13. The system of Indian democracy (b) Fundamental Rights
is (c) Fourth Schedule
a. By-party and Parliamentary (d) Directive Principles of State
in nature Policy
b. Multi-party and
Parliamentary in nature 4. In which part of the Constitution
c. Presidential form of the concept of welfare state
Government finds elaboration?
d. None of the above (a) Preamble
(b) Fundamental Rights
(c) Fundamental Duties
FUNDAMENTAL RIGHTS, FD & (d) Directive Principles of State
DPSP Policy

1. A Directive principle of State 5. Which of the following

Policy Fundamental Rights was
a. Are enforceable through described by Dr BR Ambedkar as
court of law the heart and soul of the
b. are not of Indian Constitution?
constitution (a) Right to property

245
 (e) all of these (b) Right to Property
(b) Right to constitutional (c) Freedom of Speech
remedies (d) None of the above
(c) Right to religion
6. The framers of the Constitution 10. The right to education for all
borrowed the concept of between 6 and 14 years of age
Directive Principles from has been included as a
a) The constitution of the Irish fundamental right in the Indian
republic Constitution in
b) The government of India (a) 1998
act,1935 (b) 2001
c) The constitution of USSER (c) 2002
d) The constitution of (d) 2000
Switzerland

7. Under which article of the

Constitution, the Government
has awarded Bharat and 11. Fundamental Duties have been
Padmashri awards? included in the Indian
a) Article 15 Constitution in the
b) Article 19 a) Chapter on Fundamental
c) Article 18 Rights
d) Article 14 b) Chapter on Directive
Principles of State Policy
c) Ninth Schedule
8. the constitution The concept of d) 42nd Amendment
Welfare State is included in the
constitution of India in the 12. Article 25 of the Constitution of
a) Preamble India relates to
b) Fundamental Right a) Cultural and educational
c) Fourth Schedule rights
d) Directive Principle of State b) Rights to freedom of
Policy religion
c) Rights against exploitation
9. Which of the following is not a d) Ban on religious
fundamental right? instruction in movement
(a) Right to Constitutional institutions
Remedies

246
13. Which one, out of the following 17. The Directive Principles of State
is not a fundamental rights? Policy are
a) The rights to equality a) Justiciable
b) The rights to freedom of b) Non-justiciable
religion c) Only some of the provision
c) The right to strike are justiciable
d) The right against d) None of the above Important
exploitation.
18. Consider the following
14. The Directive Principles of State statements :
Policy of India have similarity 1. Part II of the Indian
with Constitution covers Articles
a) The Constitution of UK 12 to 35 and deals with
b) The Constitution of US.A Fundamental Rights of Indian
c) The Constitution of citizens
Ireland 2. Right to Property is listed as
d) None of the above a Fundamental Rights in the
Constitution.
Which of the above statements
15. In which year was the part on is/are correct?
Fundamental Duties included in a. I only
the Constitution by the Indian b. 2 only
Parliament? c. Both 1 and 2
a) 1976 d. Neither I nor 20
b) 1987
c) 1980 19. Consider the following
d) 1982 statements about the Right to
Education Bill
16. Which part of the Constitution 1. The preliminary work on the
directs the State to establish Bill was initiated by the UPA
Panchayati Raj institution in the government.
country? 2. One of the key provisions of
a) The Preamble the Bill is to ensure 25%
b) The Directive Principles of reservation in private schools
State Policy for disadvantage children
c) The Fundamental Rights from the neighbourhood, at
d) None of the above the entry level

247
 3. The Bill also prohibits b. 7
physical punishment c. 8
expulsion or detention of a d. 9
child which of the
statements given above 23. Freedom of Speech is a
is/are correct? a. Fundamental Right
a. I only b. Directive Principle
b. 2 only c. Grant by State
c. 2 and 3 Legislature
d. All of 1, 2 and 3 d. None of the above

20. Equal pay for equal work for 24. In which year was passed the
both men and women is a Congress resolution on
a. Directive Principle of State Fundamental Rights and
Policy National Economic Policy?
b. Statutory Provision in a. 1940
Labour Law b. 1931
c. Fundamental Right c. 1921
d. None of the above d. 1935

25. Which of the following is not

included in the Fundamental
Rights of the Constitution?
21. Article 24 of the Indian a. Right to Equality
Constitution prohibits b. Right to Freedom
employment of children in any c. Right against
factory below the age of exploitation
a. 14 years d. Right to adequate
b. 12 years means of Livelihood
c. 7 years
d. 15 years
26. Which of the Constitution of
India abolishes "untouchability”
and its practice in any form?
22. The number of Fundamental a. Article 12
Rights guaranteed by the Indian b. Article 15
Constitution are c. Article 16
a. 6 d. Article 17

248
 c. Article 26
27. Which Article of the Constitution d. Article 27
of India guarantees to all citizens
the freedom of speech and
express on?
a. Article 16 31. Which Article of the Constitution
b. Article 17 of India states that no religious
c. Article 19 instruction shall be provided in
d. Article 170 any educational institution
wholly maintained out of State
28. Which Article of the Constitution funds?
of India describes the a. Article 25
organization of village b. Article 26
panchayats? c. Article 27
a. Article 40 d. Article 28
b. Article 41
c. Article 42 32. Which Article of the Constitution
d. Article 43 of India states that no citizen
shall be denied admission into
29. Which Article of the Constitution any educational institutional
of India deals with securing for maintained by the State on
the citizens a uniform civil code receiving aid out of State funds
throughout the territory of India. on grounds only of religion, race,
a. Article 41 caste, language or any of them?
b. Article 42 a. Article 26
c. Article 43 b. Article 27
d. Article 44 c. Article 28
d. Article 29
30. Which Article of the Constitution
of India states that subject to 33. Which Article of the Constitution
certain limitations? Every of India gives a working
religious denomination shall definition of the Indian State?
have the right to establish and a. Article 10
maintain institutions for b. Article 11
religious and charitable c. Article 12
purposes? d. Article 13
a. Article 24
b. Article 25

249
34. Which of the following was not PARLIAMENT
included when the writing of the
Constitution of India was 1. The Rajya Sabha Ethics
completed on 29.11.1949? Committee formed in March
a. Fundamental Rights 1997 to deal with ethical
b. President's Rule behaviour of members of
c. Fundamental Duties parliament is headed by
d. Emergency a. The Vice President
b. Mrs. Renuka Chowdhury
35. In the Constitution of India, c. The Prime Minister
promotion of international (B) d. Mr. S. B Chavan
Directive Principles of State
Policy in the 2. From the point view of dignity,
a. Preamble to the the Speaker of the Lok Sabha is
Constitution equivalent to
b. Directive Principles of State a. Central Minister
Policy b. State Minister
c. Fundamental Duties c. Chief Justice of a High Court
d. Ninth Schedule d. Chief Justice of the
Supreme Court
36. The ideal of ‘Welfare State’ in
the Indian Constitution in 3. The Lok Sabha in India can be
enshrined in its dissolved by the
a. Preamble a. Chief Justice of the Supreme
b. Directive Principles of State Court
Policy b. Prime Minister
c. Fundamental Rights. c. President of India on the
b) Seventh Schedule advice of the Prime
Minister
37. Which Article of the Constitution d. Speaker of the Lok Sabha on
of India guarantees to all citizens the advice of the Prime
the freedom of speech and Minister
expression?
a. Article 16 4. Which of the following bodies
b. Article 17 can be prorogued but cannot be
c. Article 18 dissolved?
d. Article (a) Governing Council of a
Union Territory

250
 (b) Municipal Corporation d) 7 per cent of elected
(c) Lok Sabha members
(d) Rajya Sabha

5. The Parliament of India consists 9. The ceiling on the election

of expenditure for the Lok Sabha
(a) The President, Lok Sabha been raised from Rs. 15 lakhs to
and Rajya Sabha Rs. ______ lakhs.
(b) The Lok Sabha and Rajya a. Rs 23 lakhs
Sabha b. Rs 15 lakhs
(c) The Lok Sabha, Speaker and c. Rs 25 Lakhs
Prime Minister d. Rs 22 lakhs
(d) None of the above
10. Total strength of Rajya Sabha
6. The maximum term of a member cannot exceed
of the Rajya Sabha is a. 150 members
(a) Five years b. 250 members
(b) (b) Three years c. 310 members
(c) Four years d. 350 members
(d) Six years
11. Rajya Sabha is presided over by
7. The maximum term of a member the
of the Rajya Sabha is a. President
(a) 5 years b. Prime Minister
(b) 3 years c. Vice-President
(c) 4 years d. Home Minister
(d) 6 years

8. To be granted the status of 12. Minimum age an Indian citizen

official opposition in a legislature to be elected for Lok Sabha is
a political party must have at (a) 18 years
least. (b) 20 years
a) 10 per cent of elected (c) 25 years
member (b) 20 years
b) 15 per cent of Elected
members 13. The first speaker of Lok Sabha
c) 5 per cent of Elected was
members a. G.S. Dhillon

251
 b. Hukam Singh (d) A lame duck Parliament
c. Ananthasayanam Ayyangar
d. Ganesh Vasudeo 18. In which House of the
Mavalankar Parliament, the Presiding Officer
is not member of the House?
14. Rajya Sabha (a) Lok Sabha
a. Does control the Council of (b) Rajya Sabha
Ministers (c) Vidhan Sabha
b. Approves the action of the (d) Vidhan Parishad.
Ministers
c. Only discuss about the 19. A Money Bill can originate
Ministers (a) In either House of
d. Does not control the Council Parliament
of Ministers (b) Only in the Lok Sabha
(c) Only in the Rajya Sabha
(d) Only in the joint sitting of
15. Who presides over the Rajya the two Houses
Sabha?
a. President 20. Which non-member can
b. Vice-President participate in the business of
c. Prime Minister either House of Parliament?
d. Home Minister (a) The Vice-President
(b) The Solicitor General
16. The Speaker of the Lok Sabha is (c) The Attorney General
(a) Sonia Gandhi (d) The Chief Justice of India
(b) Pranab Mukherjee
(c) Somnath Chatterjee 21. The Opposition Party status is
(d) HR Bharadwaj accorded to a political party in
17. Which of the following the Lok Sabha only if it captures
statements correctly describes a at least
hung Parliament? (a) 5 percent seats
(a) A Parliament in which no (b) 10 per cent seats
party has a clear majority (c) 15 per cent seats
(b) The Prime Minister has (d) 20 per cent seats
resigned but the Parliament
is not dissolved 22. The Union Budget is laid before
(c) The Parliament lacks the the two Houses of Parliament in
quorum to conduct business accordance with Article

252
 No._______ of Indian (d) Parliament
Constitution
(a) 73 26. Find out the incorrect
(b) 112 statement. The Council of States
(c) 360 (a) has no power over money
(d) 370 bill
(b) has power over money bill
23. Consider the following (c) has no effective control over
statements the Executive
1. Rajya Sabha is a permanent (d) is presided over by the Vice-
body President of India
2. Every member of the Rajya
Sabha is entitled to a 27. The upper House of the State
maximum term of five years Legislature is called
3. 3. Lok Sabha can make laws (a) Lok Sabha
on subjects mentioned in the (b) Rajya Sabha
State List (c) Bidhan Sabha
Which of the above (d) Bidhan Parishad
statements is/are correct?
a. 2 and 3
b. (b) 1 and 3
c. 2 only
d. (d) None of 1, 2 & 3 28. Chairman of the Rajya Sabha is
(a) The speaker of the Lok
24. The Speaker of the Lok Sabha Sabha
a. Votes only in case of tie (b) The President of India
b. Votes like any other (c) The Prime Minister of India
member of the Lok Sabha (d) The Vice-President of India
c. Has no right to vote
d. Has to votes - one in 29. The leader of the Opposition in
ordinary course and another the Lok Sabha enjoys the rank of
in case of tie a–

25. The President of India can be a) Central Minister

impeached by b) Government
(a) Special tribunal c) High Court Judge
(b) Supreme Court d) Supreme Court Judge
(c) Central Cabinet

253
30. A bill of a state legislature a) The Lok Sabha may still
becomes an Act when proceed with the Bill,
(a) The speaker signs it accepting or not accepting
(b) The Governor of the State the recommendations of the
signs it Rajya Sabha
(c) The Chief Minister signs it b) The Lok Sabha cannot
(d) The Departmental minister consider the Bill further
signs it c) The Lok Sabha may send the
Bill to the Rajya Sabha for
31. The term of office of a Rajya reconsideration
Sabha member is d) The President may call a joint
(a) 4 years sitting for passing the Bill
(b) 5 years
(c) 6 years 35. According to the Constitution of
(d) 8 years India it is the duty of the
President to present which of
32. The Chairman of the Rajya Sabha the following on the desk of the
is Parliament –
(a) the leader of the opposition 1. Recommendations of Union
(b) nominated by the President Finance Commission
of India 2. Report of the Public
(c) the Vice-President of India Accounts Committee
(d) nominated by the Vice- 3. Report of the Comptroller
President of India and Auditor-General
4. Report of the National
33. To pass a Money Bill in the Scheduled Caste Commission
Parliament which of the Which of the statements given
following is not necessary? above is / are correct?
(a) Approval of the prime a) I only
minister office b) (B) 2 and 4
(b) Approval of the Rajya Sabha c) 1, 3 and 4
(c) Approval of the Finance d) (D) 1, 2, 3 and 4
Minister
(d) None of the above 36. According to Indian Constitution,
the State Legislatures elect the –
34. What will follow if a Monetary a. Members of Lok Sabha
Bill is substantially amended by b. Members of Rajya Sabha
the Rajya Sabha ?

254
 c. Chief Justice of High Court b. State Minister
of the stat c. Chief Justice of a high court
d. Attorney General of India d. Chief Justice of Supreme
court

37. The Chairperson of Rajya Sabha 4. The president of India is elected

is – by-
a. President of India a) The people directly
b. Vice President of India b) Rajya sabha members
c. Prime Minister of India c) Members of both the house
d. Home Minister of India of parliament
d) Elected MLAs Ana MPs

5. The Prime Minister is

(a) Elected by the Lok Sabha
(b) Elected by the two houses
of the Parliament at a joint
THE EXECUTIVE sitting
(c) Appointed by Presidential
1. President of India is directly (d) Elected by the Lok Sabha
elected by and appointed by the
a. The people of India President
b. Cabinet Minister
c. MPs 6) the vice president of india is
d. Elected MLAs and MPs elected by
a) The people directly
2. The Vice-President of India is b) The member of lok sabha
elected by the and rajya sabha
a. People of the country c) The member vof rajya sabha
b. Members of Rajya Sabha d) The member of lok sabha
c. Members of Lok Sabha and and rajyasabha and state
Rajya Sabha legislatures
d. President

3. From the point of view of 7) the election of Vice-President

dignity, the Speaker of the Lok a) GS Pathak
Sabha is equivalent to b) Dr. S. Radhakrishnan
a. Central Minister c) Dr. Zakir Hussain

255
 d) V. V Gir 12. .Which one of the following
e) offices has not been provided by
8. President of India is elected by the Indian Constitution?
a) Universal adult franchise a. Deputy chairman of Rajya
b) Chief Justice of India Sabha
c) Elected Members of the b. Deputy speaker of Lok
Legislative Assemblies of Sabha
States and the Parliamentd. c. Deputy Speaker of State
d) All Chief Ministers of States Legislative Assembly
d. Deputy Prime Minister
9. The executive powers of the
State are vested in the Governor 13. The President of India is elected
under Article_____of the by
Constitution a) The elected members of the
a) Article 15 Lok Sabha, the Rajya Sabha
b) Article 15 and the State Assemblies
c) Article 14 b) The elected members of the
d) Article 356 Lok Sabha and the Rajya
Sabha
10. The Union Ministers hold office c) The elected members of the
during the pleasure of_______ Lok Sabha only
a. The President d) The elected members of the
b. The Prime Minister State Legislative Assemblie
c. The Speaker of the Lok Sabha
d. The Chief Justice of the 14. The Speaker of the Lok Sabha
Supreme Court of India (a) Votes only in case of tie
(b) Votes like any other
11 .Indian President is elected (c) Has no right to vote
a) Directly by the people (d) Has two votes-one in
b) Jointly by the two Houses of ordinary course and another
the Parliament in case of tie
c) By an electoral college
consisting of the elected 15. The president of India is elected
members of both Houses of by
the Parliament and State a) Directly by people of India
Legislatures b) Members of Lok Sabha,
d) None of the above Rajya Sabha and State
Legislatures jointly

256
 c) Chief Ministers of State of 20) Which one of the following
India offices has not been provided by
d) None of the above the Indian constitution?
16) The supreme commander of a. Deputy Chairman of Rajya
Indian armed force is Sabha
a) Presidents of India b. Deputy Speaker od Lok
b) Governors of state Sabha
c) Prime minister of India c. Deputy Speaker of Lok
d) Union home minister Sabha
d. Deputy Prime Minister
17) Find the incorrect statement
a) The President presides over 21. Executive power of the state is
cabinet meetings bestowed on the Governor by which
b) The President is elected by article of the Indian Constitution
the system of proportional a) Article 156
representation b) Article 155
c) The President is elected for c) Article 154
a term of five years d) Article 153
d) The President can be
removed by impeachment 22. The Impeachment of the
18) Any money bill cannot be President of India can be initiated in
introduced int he Parliament a) either House of the
without the consent of the Parliament
a) Prime Minister of India b) a joint sitting of both the
b) Speaker of the Parliament Houses of the Parliament
c) President of India c) the Lok Sabha alone
d) Union Finance Minister d) the Rajyasabha alone

19) The first citizen of the Republic

of India is
a) the Chief Justice of the
Supreme Court
b) the President of India 23. Power to grant pardons are
c) The Prime Minister of India. enjoyed by which of the following
d) the Speaker of the Lok Sabha constitutional authorities?
a) President
b) President and Governor of a
State

257
 c) Governor
d) (D) Chief Justice of Supreme 3. The Judges of the Supreme
Court of India Court hold office till they reach
the age of
24. ‘Chancellor’ of the State-run a. 55 years
Universities in West Bengal is b. 60 years
a. Governor of the State c. 65 years
b. Chief Minister of the State d. There is no upper age Limit
c. Education Minister of the
State 4. The Supreme Court of India
d. Chief Justice of Calcutta consists of the Chief Justice and
High Court a. 25 Judges
b. 10 Judges
c. 9 Judges
d. 31 Judges

INDIAN JUDICIARY 5. Who is the final authority to

expound the meaning of the
1. Judges of the Supreme Court in Constitution?
India retire at the age of a. Chief Minister
a. 55 b. The President
b. 58 c. The Speaker of the Lok
c. 60 Sabha
d. 65 d. The Supreme Court

2. The Judges of the Supreme

Court are appointed by the 6. The Supreme Court in its
a) Prime Minister on the judgement on the Best Bakery
advice of the Union Cabinet case has severely criticized the
b) President in consultation Government of
with the Chief Justice of the a. Maharashtra Important
Supreme Court of India Points:
c) President in consultation b. Gujarat
with the Prime Minister c. Madhya Pradesh
d) Prime Minister in d. West Bengal
consultation with the Chief
Justice of the Supreme 7. Which of the following is true for
Court the Indian judicial system?

258
 a. It is controlled by the d. The president, on the
Parliament recommendation of the Law
b. The Supreme Court of India Commission
is controlled by the
Parliament and the High
Courts are controlled by the 11. The verdict of the Supreme
State Legislative Assemblies Court in which one of the
c. It is an independent following cases has made the
institution imposition of the President's
d. None of the above rule any State under article 356
of Constitution difficult?
8. In which year did the Supreme a) A K Gopalan Vs Union of
Court of India dismissed the India
petitions of the cement, fertilizer b) S.R. Bommai Vs Union of
and sugar industries challenging India (regarding the State of
Jute Packing Material Act, 1987? Karnataka)
a. 1980 c) Kaveri water dispute case
b. 1990 between two Southern
c. 1993 States
d. 1996 d) None of the above

9. Who is the final authority to 12. Mark correctly the precise

interpret the Constitution? meaning of the term 'Habeas
a. The President Corpus'?
b. The Parliament a) To put the body behind the
c. The Lok Sabha prison bar by
d. The Supreme Court b) To have the body
c) To remove the body .
10. The Chief Justice of the Supreme d) None of the above
Court is appointed by
a. The President alone 13. The final interpreter of the
b. The President on the Indian Constitution is
recommendation of the a. Central Cabinet
Prime Minister b. President
c. The President in c. Parliament
consultation with the d. Supreme Court
judges of the Supreme 14. The National Green Tribunal was
Court and High Courts established in India in

259
 a. 2009 19. The Supreme Court of India
b. 2010 upheld that RTI was applicable
c. 2011 to the -
d. 201 a. Office of the CBI also
b. Office of the NIA also
15. The age of retirement of the c. Office of the CJI also
Supreme Court Judges is d. Office of the PMO also
a. 70 years
b. 65 years
c. 62 years RELATION BETWEEN CENTRE &
d. 60 years STATES

16. In India the Federal Court was 1. Taxes on income other than
constituted by an act of agricultural income shall be
a. 1891 levied and collected by the
b. 1909 Government of India under
c. 1919 Article _____ of the India
d. 1935 a. 268
b. 269
17. The power to increase the c. 270
number of judges in the d. 275
Supreme Court of India is vested
in 2. In the classification of power in
a) The President of India the Constitution of India,
b) The Parliament education falls in
c) The Chief Justice of India. a. Central List
d) The Law Commission b. State List
c. Concurrent List
18. District Judge in a state are d. None of the above
appointed by the
a) Governor 3. Under which Article of the
b) Chief Justice of High Court Constitution of India can the
c) Council of Ministers of the Indian Parliament make laws
state under the residuary powers?
d) Advocate General of the a. Article 248
state b. Article 249
c. Article 250
d. Article 251

260
 c. Indian Finance Commission
4. Under which Article of the Indian set up at the interval of five
Constitution provision has been years
made for the formation of a d. None of the above
Finance Commission to deal with
various aspects of Centre-State 8. Indian constitution allows state
financial relationship? legislatures to pass
a. Article 245 a) Union Budget
b. Article 280 b) State Budget
c. Article 356 c) Constitutional Amendments
d. Article 370 d) None of the above

5. The Parliament has power to 9. Agriculture, under Indian

legislate with respect to a matter Constitution is
in the State List provided it is the a. State subject
a. National Interest b. Union Government subject
b. Interest of the concerned c. Concurrent list
State d. None of the above
c. Interest of the minority
d. Interest of the under 10. Education, under the Indian
privileged Constitution is inlcuded in
a. The Union list
b. The State list
6. Which of the following items c. The Concurrent list
come under the concurrent list? d. None of the above
a. Agriculture
b. Labour Welfare 11. Which of the following
c. Public Health institutions of India is the chief
d. Insurance advisory body on the
distribution of tax revenue
7. Which constitutional mechanism between the Centre and the
is adopted for the distribution States?
resources between the Centre a. The Planning Commission
and States? b. The Finance Commission
a. The Union Finance Ministry c. The Rajya Sabha
b. The Planning Commission d. The Lok Sabha

261
12. The number of subjects c. levied and appropriated by
enumerated in the concurrent the Centre
list for purpose of Legislation is d. levied by the Centre and
a. 40 shared with the States
b. 47
c. 50 17. Which article of the Constitution
d. 57 of India describes the
organisation of village
13. Grants-in-aid are provided for in panchayats?
the Constitution of India under a. Article 40
Articles b. Article 41
a. 274 and 275 c. Article 42
b. 275 and 296 d. Article 43
c. 275 and 285 15
d. 275 and 282 18. The Supreme Court held, that
forcing a person to undergo
14. Law and Order' is included in the polygraph, brain mapping and
a. Concurrent List nacre analysis tests, as volatile of
b. State List a. Article 25
c. Union List b. Article 20
d. None of the above c. Article 21 and Article 20(3)
15. Finances are distributed d. Article 360
between the Centre and the
States on the basis of the 19. In the classification of power in
recommendations of the the Constitution of India,
a. Planning Commission education falls under the
b. Finance Commission a. Central list
c. National Development b. State list
Council c. Concurrent list
d. Public Accounts Committee d. None of the above

16. In India non-agricultural income 20. Which Schedule of the

tax is Constitution of India distributes
a. Levied by the Centre and power between the Union and the
fully distributed among the States?
States. a) First Schedule
b. levied by the States b) Second Schedule
c) Sixth Schedule

262
 d) Seventh Schedule c. Rajasthan
d. Kerala
21. Article 280 of the Indian
Constitution lays down the 5. A system of Panchayati Raj
establishment of the existed even before 1947 in
a) Planning Commission a. Maharashtra
b) Inter- State Council b. Gujarat
c) River Waters Tribunal c. Tamil Nadu
d) Finance Commission d. All of the above

6. The powers and responsibilities

PANCHAYATI RAJ of the Panchayat Raj can be
revised by the
1. The total number of Panchayat a. President
Samiti in West Bengal is b. State Government
a. Over 325 c. Governor
b. Just below 500 d. Central
c. Over 500

2. Panchayet Samiti is an 7. The establishment of a Gram

organization associated with Sabha becomes mandatory by
a. A single village a. The 71st Amendment of the
b. couple of villagers Constitution
c. Block b. The 72nd Amendment of
d. Zillah the Constitution
c. The 73rd Amendment of
3. Among all Panchayat Samitis the Constitution
seats, seats reserved for women d. The 74th Amendment of the
is Constitution
a. One-fifth of the total seats
b. One-fourth of the total seats 8. What is the duration of an
c. One-third of the total seats elected body of Panchayati Raj?
d. One-sixth of the total seats a. 1 year
b. 3 years
4. Panchayati Raj was first started c. 4 years
in d. 5 years
a. Uttar Pradesh
b. Bihar

263
9. Panchayati Raj was first
introduced in 14. Panchayati Raj was started in
a. West Bengal India in the year
b. Gujarat a. 1956
c. Andhra Pradesh b. 1951
d. Rajasthan c. 1959
d. 1961
10. The primary part of the three-
tier system of Panchayat Raj is 15. In West Bengal reserve seat for
a. Village Panchayat women in Panchayat election is
b. Panchayat Samiti a. 20 per cent
c. Zilla Parishad b. 33 per cent
d. Zilla Samiti c. 30 per cent
d. 50 per cent
11. The power and responsibility of
Panchayati Raj institution can be 16. Number of Panchayat Samities
revised by in West Bengal at present is
a. President a. 341
b. Governor b. 344
c. State Government c. 333
d. Union Government d. 334

12. Which of the Committees or 17. The Government of West Bengal

Commissions made introduced democratic elections
recommendations for granting to the local bodies in
more power and responsibilities a. 1977
to the Panchayati Raj? b. 1978
a. Jain Commission c. 1979
b. Mehta Committee d. 1980
c. Mondal Commission e.
d. None of the above 18. The Panchayati Raj institution at
13. Which of the following gets the block level is known as
special representation to a. Gram Panchayat
Panchayati Raj Institutions b. Panchayat Samiti
a. Women c. Zilla Parishad
b. OBC d. None of the above
c. Co-operative 19. No of Municipalities in West
d. All of them Bengal is

264
 a. 119 a. 73rd amendment of the
b. 104 Constitution
c. 256 b. 72nd amendment of the
d. 101 Constitution
c. 70th amendment of the
20. Which of the following Constitution
amendment has given d. 68th amendment of the
constitutional status to the Constitution
Panchayati Raj?
a. 56th
b. 73rd 25. The Panchayati Raj system of
c. 74th India has
d. 76th a. one-tier
b. two-tiers
21. The decision to hold Panchayat c. three-tiers
Election is taken by the d. four-tiers
a. District Magistrate
b. State Government 26. The fundamental object of
c. Union Home Ministry Panchayati Raj' system is to ensure
d. Election Commission which among the following?
a) People's participation in
22. What is the middle unit in the development
three-tier Panchayati Raj System b) Political accountability
a. Gram Panchayat c) Democratic decentralization
b. Zilla Parishad d) Financial mobilization
c. Panchayat Samiti
d. Union Board 27. The Panchayati Raj System of
India has
23. Panchayats of West Bengal a) One tier
collect taxes from - b) Two tiers
a. Income Tax c) Three tiers
b. Salex Tax d) Four tiers
c. Toll Tax & Water Tax
d. Land Revenue EMERGENCY PROVISIONS
1. The President of India can
24. Panchayat System in India was declare emergency if there is
introduced by the a. Financial Instability
b. War or threat of war

265
 c. Failure of Constitutional a. War or threat of war
Machinery b. Failure of constitutional
d. Any of these three machinery of the state
c. Financial instability
2. The President of India can d. Any of these there
declare financial emergency
under 7. Under which article of the
a. Article 352 Constitution, the President of
b. Article 356 India can dismiss the
c. Article 363 Government of a State?
d. None of these a) Article 352
b) Article 360
3. How many times has a national c) Article 354
emergency been declared so far d) Article 356
by the president?
a. Only once 8. Who can declare emergency in
b. Twice India?
c. Thrice a. The President of India
d. Never b. Chief of Army Staff
c. Prime Minister of India
4. How many different types of d. Speaker of the Parliament
emergencies are envisaged by
the Constitution? 9. How many times did the
a. None President of India declare
b. 2 National Emergency so far?
c. 3 a. Never
d. 4 b. Only once
c. Only twice
5. The President can promulgate d. Thrice
Presidential Rule in a State
under Article 10. Which Indian State came under
a. 246 Presidents Rule for Maximum
b. 356 number of times?
c. 400 a. Punjab
d. 360 b. Kerala
c. Himachal Pradesh
6. The President of India can d. Karnataka
declare emergency if there is -

266
 Articles of Indian Constitution
PART I: THE UNION AND ITS TERRITORY
1 Name and territory of the Union.
2 Admission or establishment of new States.
2A [Repealed.]
3 Formation of new States and alteration of areas, boundaries or names of
existing States.
4 Laws made under articles 2 and 3 to provide for the amendment of the
First and the Fourth Schedules and supplemental, incidental and
consequential matters.

PART II: CITIZENSHIP

5 Citizenship at the commencement of the Constitution.
6 Rights of citizenship of certain persons who have migrated to India from
Pakistan.
7 Rights of citizenship of certain migrants to Pakistan.
8 Rights of citizenship of certain persons of Indian origin residing outside
India.
9 Persons voluntarily acquiring citizenship of a foreign State not to be
citizens.
10 Continuance of the rights of citizenship.
11 Parliament to regulate the right of citizenship by law.

PART III: FUNDAMENTAL RIGHTS

General
12 Definition.
13 Laws inconsistent with or in derogation of the fundamental rights.
Right to Equality
14 Equality before law.
15 Prohibition of discrimination on grounds of religion, race, caste, sex or
place of birth.
16 Equality of opportunity in matters of public employment.

267
17 Abolition of Untouchability.
18 Abolition of titles.

Right to Freedom
19 Protection of certain rights regarding freedom of speech, etc.
20 Protection in respect of conviction for offences.
21 Protection of life and personal liberty.
21A Right to education
22 Protection against arrest and detention in certain cases.

Right against Exploitation

23 Prohibition of traffic in human beings and forced labour.
24 Prohibition of employment of children in factories, etc.

Right to Freedom of Religion

25 Freedom of conscience and free profession, practice and propagation
of religion.
26 Freedom to manage religious affairs.
27 Freedom as to payment of taxes for promotion of any particular
religion.
28 Freedom as to attendance at religious instruction or religious worship
in certain educational institutions.

Cultural and Educational Rights

29 Protection of interests of minorities.
30 Right of minorities to establish and administer educational institutions.
31 [Repealed.]

268
Saving of Certain Laws
31A Saving of Laws providing for the acquisition of estates, etc.
31B Validation of certain Acts and Regulations.
31C Saving of laws giving effect to certain directive principles.
31D [Repealed.]

Right to Constitutional Remedies

32 Remedies for enforcement of rights conferred by this Part.
32A [Repealed.]
33 Power of Parliament to modify the rights conferred by this Part in their
application to Forces, etc.
34 Restriction on rights conferred by this Part while martial law is in force
in any area.
35 Legislation to give effect to the provisions of this Part.

PART IV: DIRECTIVE PRINCIPLES OF STATE POLICY

36 Definition.
37 Application of the principles contained in this Part.
38 State to secure a social order for the promotion of the welfare of the
people.
39 Certain principles of policy to be followed by the State.
39A Equal justice and free legal aid.
40 The organisation of village panchayats.
41 Right to work, to education and to public assistance in certain cases.
42 Provision for just and humane conditions of work and maternity relief.
43 Living wage, etc., for workers.
43A Participation of workers in the management of industries.
43B Promotion of co-operative societies.
44 Uniform civil code for the citizens.
45 Provision for free and compulsory education for children.
46 Promotion of educational and economic interests of Scheduled Castes,
Scheduled Tribes and other weaker sections.

269
47 Duty of the State to raise the level of nutrition and the standard of
living and to improve public health.
48 The organisation of agriculture and animal husbandry.
48A Protection and improvement of environment and safeguarding of
forests and wildlife.
49 Protection of monuments and places and objects of national
importance.
50 Separation of judiciary from the executive.
51 Promotion of international peace and security.

PART IVA: FUNDAMENTAL DUTIES

51A Fundamental duties.

PART V: THE UNION

The President and Vice-President
52 The President of India.
53 The executive power of the Union.
54 Election of President.
55 Manner of election of President.
56 Term of office of President.
57 Eligibility for re-election.
58 Qualifications for election as President.
59 Conditions of the President’s office.
60 Oath or affirmation by the President.
61 Procedure for impeachment of the President.
62 Time of holding the election to fill the vacancy in the office of President
and the term of office of person elected to fill the casual vacancy.
63 The Vice-President of India.
64 The Vice-President to be ex officio Chairman of the Council of States.
65 The Vice-President to act as President or to discharge his functions
during casual vacancies in the office, or during the absence, of President.
66 Election of Vice-President.
67 Term of office of Vice-President.

270
68 Time of holding the election to fill the vacancy in the office of Vice-
President and the term of office of person elected to fill the casual
vacancy.
69 Oath or affirmation by the Vice-President.
70 Discharge of President’s functions in other contingencies.
71 Matters relating to, or connected with, the election of a President or
Vice-President.
72 Power of President to grant pardons, etc., and to suspend, remit or
commute sentences in certain cases.
73 The extent of executive power of the Union.
Council of Ministers
74 Council of Ministers to aid and advise the President.
75 Other provisions as to Ministers.
The Attorney-General for India
76 Attorney-General for India.
Conduct of Government Business
77 Conduct of business of the Government of India.
78 Duties of Prime Minister as respects the furnishing of information to
the President, etc.

PARLIAMENT
General
79 Constitution of Parliament.
80 Composition of the Council of States.
81 Composition of the House of the People.
82 Readjustment after each census.
83 Duration of Houses of Parliament.
84 Qualification for membership of Parliament.
85 Sessions of Parliament, prorogation and dissolution.
86 Right of President to address and send messages to Houses.
87 Special address by the President.
88 Rights of Ministers and Attorney-General as respects Houses.
Officers of Parliament
89 The Chairman and Deputy Chairman of the Council of States.

271
90 Vacation and resignation of, and removal from, the office of Deputy
Chairman.
91 Power of the Deputy Chairman or other person to perform the duties
of the office of, or to act as, Chairman.
92 The Chairman or the Deputy Chairman not to preside while a resolution
for his removal from office is under consideration.
93 The Speaker and Deputy Speaker of the House of the People .
94 Vacation and resignation of, and removal from, the offices of Speaker
and Deputy Speaker.
95 Power of the Deputy Speaker or other person to perform the duties of
the office of, or to act as, Speaker.
96 The Speaker or the Deputy Speaker not to preside while a resolution
for his removal from office is under consideration.
97 Salaries and allowances of the Chairman and Deputy Chairman and the
Speaker and Deputy Speaker.
98 Secretariat of Parliament.
Conduct of Business
99 Oath or affirmation by members.
100 Voting in Houses, power of Houses to act notwithstanding vacancies
and quorum.
Disqualifications of Members
101 Vacation of seats.
102 Disqualifications for membership.
103 Decision on questions as to disqualifications of members.
104 Penalty for sitting and voting before making oath or affirmation under
article 99 or when not qualified or when disqualified.
Powers, Privileges and Immunities of Parliament and its Members
105 Powers, privileges, etc., of the Houses of Parliament and of the
members and committees thereof.
106 Salaries and allowances of members.
Legislative Procedure
107 Provisions as to introduction and passing of Bills.
108 Joint sitting of both Houses in certain cases.
109 Special procedure in respect of Money Bills.
110 Definition of “Money Bills”.

272
111 Assent to Bills.
Procedure in Financial Matters
112 Annual financial statement.
113 Procedure in Parliament with respect to estimates.
114 Appropriation Bills.
115 Supplementary, additional or excess grants.
116 Votes on account, votes of credit and exceptional grants.
117 Special provisions as to financial Bills.
Procedure Generally
118 Rules of procedure.
119 Regulation by law of procedure in Parliament in relation to financial
business.
120 Language to be used in Parliament.
121 Restriction on discussion in Parliament.
122 Courts not to inquire into proceedings of Parliament.

LEGISLATIVE POWERS OF THE PRESIDENT

123 Power of President to promulgate Ordinances during recess of
Parliament.

THE UNION JUDICIARY

124 Establishment and constitution of Supreme Court.
124A National Judicial Appointments Commission. (Declared
unconstitutional by the Supreme Court, however not repealed by the
Parliament)
124B Functions of Commission.
124C Power of Parliament to make law.
125 Salaries, etc., of Judges.
126 Appointment of acting Chief Justice.
127 Appointment of ad hoc judges.
128 Attendance of retired Judges at sittings of the Supreme Court.
129 Supreme Court to be a court of record.
130 Seat of Supreme Court.

273
131 Original jurisdiction of the Supreme Court.
131A [Repealed.]
132 Appellate jurisdiction of Supreme Court in appeals from High Courts in
certain cases.
133 Appellate jurisdiction of Supreme Court in appeals from High Courts in
regard to Civil matters.
134 Appellate jurisdiction of Supreme Court in regard to criminal matters.
134A Certificate for appeal to the Supreme Court.
135 Jurisdiction and powers of the Federal Court under existing law to be
exercisable by the Supreme Court.
136 Special leave to appeal by the Supreme Court.
137 Review of judgments or orders by the Supreme Court.
138 Enlargement of the jurisdiction of the Supreme Court.
139 Conferment on the Supreme Court of powers to issue certain writs.
139A Transfer of certain cases.
140 Ancillary powers of Supreme Court.
141 Law declared by Supreme Court to be binding on all courts.
142 Enforcement of decrees and orders of Supreme Court and orders as to
discovery, etc.
143 Power of President to consult Supreme Court.
144 Civil and judicial authorities to act in aid of the Supreme Court.
144A [Repealed.]
145 Rules of Court, etc.
146 Officers and servants and the expenses of the Supreme Court.
147 Interpretation.

COMPTROLLER AND AUDITOR-GENERAL OF INDIA

148 Comptroller and Auditor-General of India.
149 Duties and powers of the Comptroller and Auditor-General.
150 Form of accounts of the Union and of the States.
151 Audit reports.

274
PART VI: THE STATES
152 Definition.

THE EXECUTIVE
The Governor
153 Governors of States.
154 Executive power of State.
155 Appointment of Governor.
156 Term of office of Governor.
157 Qualifications for appointment as Governor.
158 Conditions of Governor’s office
159 Oath or affirmation by the Governor.
160 Discharge of the functions of the Governor in certain contingencies.
161 Power of Governor to grant pardons, etc., and to suspend, remit or
commute sentences in certain cases.
162 Extent of executive power of State.
Council of Ministers
163 Council of Ministers to aid and advise Governor.
164 Other provisions as to Ministers.
The Advocate-General for the State
165 Advocate-General for the State.
Conduct of Government Business
166 Conduct of business of the Government of a State.
167 Duties of Chief Minister as respects the furnishing of information to
Governor, etc.

THE STATE LEGISLATURE

General
168 Constitution of Legislatures in States.
169 Abolition or creation of Legislative Councils in States.
170 Composition of the Legislative Assemblies.
171 Composition of the Legislative Councils.
172 Duration of State Legislatures.

275
173 Qualification for membership of the State Legislature.
174 Sessions of the State Legislature, prorogation and dissolution.
175 Right of Governor to address and send messages to the House or
Houses.
176 Special address by the Governor.
177 Rights of Ministers and Advocate-General as respects the Houses.
Officers of the State Legislature
178 The Speaker and Deputy Speaker of the Legislative Assembly.
179 Vacation and resignation of, and removal from, the offices of Speaker
and Deputy Speaker.
180 Power of the Deputy Speaker or other person to perform the duties of
the office of, or to act as, Speaker.
181 The Speaker or the Deputy Speaker not to preside while a resolution
for his removal from office is under consideration.
182 The Chairman and Deputy Chairman of the Legislative Council.
183 Vacation and resignation of, and removal from, the offices of
Chairman and Deputy Chairman.
184 Power of the Deputy Chairman or other person to perform the duties
of the office of, or to act as, Chairman.
185 The Chairman or the Deputy Chairman not to preside while a
resolution for his removal from office is under consideration.
186 Salaries and allowances of the Speaker and Deputy Speaker and the
Chairman and Deputy Chairman.
187 Secretariat of State Legislature.
Conduct of Business
188 Oath or affirmation by members.
189 Voting in Houses, power of Houses to act notwithstanding vacancies
and quorum.
Disqualifications of Members
190 Vacation of seats.
191 Disqualifications for membership.
192 Decision on questions as to disqualifications of members.
193 Penalty for sitting and voting before making oath or affirmation under
article 188 or when not qualified or when disqualified.
Powers, privileges and immunities of State Legislatures and their

276
Members
194 Powers, privileges, etc., of the Houses of Legislatures and of the
members and committees thereof.
195 Salaries and allowances of members.
Legislative Procedure
196 Provisions as to introduction and passing of Bills.
197 Restriction on powers of Legislative Council as to Bills other than
Money Bills.
198 Special procedure in respect of Money Bills.
199 Definition of “Money Bills”.
200 Assent to Bills.
201 Bills reserved for consideration.
Procedure in Financial Matters
202 Annual financial statement.
203 Procedure in Legislature with respect to estimates.
204 Appropriation Bills.
205 Supplementary, additional or excess grants.
206 Votes on account, votes of credit and exceptional grants.
207 Special provisions as to financial Bills.
Procedure Generally
208 Rules of procedure.
209 Regulation by law of procedure in the Legislature of the State in
relation to financial business.
210 Language to be used in the Legislature.
211 Restriction on discussion in the Legislature.
212 Courts not to inquire into proceedings of the Legislature.

: LEGISLATIVE POWER OF THE GOVERNOR

213 Power of Governor to promulgate Ordinances during recess of
Legislature.

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: THE HIGH COURTS IN THE STATES
214 High Courts for States.
215 High Courts to be courts of record.
216 Constitution of High Courts.
217 Appointment and conditions of the office of a Judge of a High Court.
218 Application of certain provisions relating to Supreme Court to High
Courts.
219 Oath or affirmation by Judges of High Courts.
220 Restriction on practice after being a permanent Judge.
221 Salaries, etc., of Judges.
222 Transfer of a Judge from one High Court to another.
223 Appointment of acting Chief Justice.
224 Appointment of additional and acting Judges.
224A Appointment of retired Judges at sittings of High Courts.
225 Jurisdiction of existing High Courts.
226 Power of High Courts to issue certain writs.
226A [Repealed..]
227 Power of superintendence over all courts by the High Court.
228 Transfer of certain cases to High Court.
228A [Repealed.]
229 Officers and servants and the expenses of High Courts.
230 Extension of jurisdiction of High Courts to Union territories.
231 Establishment of a common High Court for two or more States.

SUBORDINATE COURTS
233 Appointment of district judges.
233A Validation of appointments of, and judgments, etc., delivered by,
certain district judges.
234 Recruitment of persons other than district judges to the judicial
service.
235 Control over subordinate courts.
236 Interpretation.
237 Application of the provisions of this Chapter to certain class or classes
of magistrates.

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PART VII: THE STATES IN PART B OF THE FIRST SCHEDULE
238 [Repealed.]

PART VIII: THE UNION TERRITORIES

239 Administration of Union territories.
239A Creation of local Legislatures or Council of Ministers or both for
certain Union territories.
239AA Special provisions with respect to Delhi.
239AB Provision in case of failure of constitutional machinery.
239B Power of the administrator to promulgate Ordinances during recess
of Legislature.
240 Power of President to make regulations for certain Union territories.
241 High Courts for Union territories.
242 [Repealed.]

PART IX: THE PANCHAYATS

243 Definitions.
243A Gram Sabha.
243B Constitution of Panchayats.
243C Composition of Panchayats.
243D Reservation of seats.
243E Duration of Panchayats, etc.
243F Disqualifications for membership.
243G Powers, authority and responsibilities of Panchayats.
243H Powers to impose taxes by, and Funds of, the Panchayats.
243-I Constitution of Finance Commission to review financial position.
243J Audit of accounts of Panchayats.
243K Elections to the Panchayats.
243L Application to Union territories.
243M Part not to apply to certain areas.
243N Continuance of existing laws and Panchayats.
243-O Bar to interference by courts in electoral matters.

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PART IXA: THE MUNICIPALITIES
243P Definitions.
243Q Constitution of Municipalities.
243R Composition of Municipalities.
243S Constitution and composition of Wards Committees, etc.
243T Reservation of seats.
243U Duration of Municipalities, etc.
243V Disqualifications for membership.
243W Powers, authority and responsibilities of Municipalities, etc.
243X. Power to impose taxes by, and Funds of, the Municipalities.
243 Finance Commission.
243Z Audit of accounts of Municipalities.
243ZA Elections to the Municipalities.
243ZB Application to Union territories.
243ZC Part not to apply to certain areas.
243ZD Committee for district planning.
243ZE Committee for Metropolitan planning.
243ZF Continuance of existing laws and Municipalities.
243ZG Bar to interference by Courts in electoral matters.

PART IXB: THE CO-OPERATIVE SOCIETIES

243ZH Definitions
243ZI Incorporation of co-operative societies
243ZJ Number and term of members of the board and its office bearers.
243 ZK Election of members of board.
243ZL Supersession and suspension of the board and interim
management.
243ZM Audit of accounts of co-operative societies.
243ZN Convening of general body meetings.
243ZO Right of a member to get information,
243ZP Returns.
243ZQ Offences and penalties.
243ZR Application to multi-state co-operative societies.

280
243ZS Application to Union Territories.
243ZT Continuance of existing laws.

PART X: THE SCHEDULED AND TRIBAL AREAS

244 Administration of Scheduled Areas and Tribal Areas.

244A Formation of an autonomous State comprising certain tribal areas in
Assam and creation of local Legislature or Council of Ministers or both
therefor.

PART XI: RELATIONS BETWEEN THE UNION AND THE STATES

LEGISLATIVE RELATIONS
Distribution of Legislative Powers

245 Extent of laws made by Parliament and by the Legislatures of States.

246 Subject-matter of laws made by Parliament and by the Legislatures of
States.
246A Special provision with respect to goods and services tax.
247 Power of Parliament to provide for the establishment of certain
additional courts.
248 Residuary powers of legislation.
249 Power of Parliament to legislate with respect to a matter in the State
List in the national interest.
250 Power of Parliament to legislate with respect to any matter in the
State List if a Proclamation of Emergency is in operation.
251 Inconsistency between laws made by Parliament under articles 249
and 250 and laws made by the Legislatures of States.
252 Power of Parliament to legislate for two or more States by consent
and adoption of such legislation by any other State.
253 Legislation for giving effect to international agreements.
254 Inconsistency between laws made by Parliament and laws made by
the Legislatures of States.

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255 Requirements as to recommendations and previous sanctions to be
regarded as matters of procedure only.

: ADMINISTRATIVE RELATIONS
General

256 Obligation of States and the Union.

257 Control of the Union over States in certain cases.
257A [Repealed.]
258 Power of the Union to confer powers, etc., on States in certain cases.
258A Power of the States to entrust functions to the Union.
259 [Repealed.]
260 Jurisdiction of the Union in relation to territories outside India.
261 Public acts, records and judicial proceedings.
Disputes relating to Waters
262 Adjudication of disputes relating to waters of inter-State rivers or river
valleys.
Co-ordination between States
263 Provisions with respect to an inter-State Council.

PART XII: FINANCE, PROPERTY, CONTRACTS AND SUITS

FINANCE
General
264 Interpretation.
265 Taxes not to be imposed save by authority of law.
266 Consolidated Funds and public accounts of India and of the States.
267 Contingency Fund.
Distribution of Revenues between the Union and the States
268 Duties levied by the Union but collected and appropriated by the
State.
268A [Repealed.]

282
269 Taxes levied and collected by the Union but assigned to the States.
269A Levy and collection of goods and services tax in the course of inter-
state trade or commerce.
270 Taxes levied and distributed between the Union and the States.
271 Surcharge on certain duties and taxes for purposes of the Union.
272 [Repealed.]
273 Grants in lieu of export duty on jute and jute products.
274 Prior recommendation of President required to Bills affecting taxation
in which States are interested.
275 Grants from the Union to certain States.
276 Taxes on professions, trades, callings and employments.
277 Savings.
278 [Repealed.]
279 Calculation of “net proceeds”, etc.
279A Goods and Services Tax Council.
280 Finance Commission.
281 Recommendations of the Finance Commission.
Miscellaneous financial provisions
282 Expenditure defrayable by the Union or a State out of its revenues.
283 Custody, etc., of Consolidated Funds, Contingency Funds and moneys
credited to the public accounts.
284 Custody of suitors’ deposits and other moneys received by public
servants and courts.
285 Exemption of property of the Union from State taxation.
286 Restrictions as to imposition of tax on the sale or purchase of goods.
287 Exemption from taxes on electricity.
288 Exemption from taxation by States in respect of water or electricity in
certain cases.
289 Exemption of property and income of a State from Union taxation.
290 Adjustment in respect of certain expenses and pensions.
290A Annual payment to certain Devaswom Funds.
291 [Repealed.]

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: BORROWING
292 Borrowing by the Government of India.
293 Borrowing by States.

: PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS

294 Succession to property, assets, rights, liabilities and obligations in
certain cases.
295 Succession to property, assets, rights, liabilities and obligations in
other cases.
296 Property accruing by escheat or laps or as bona vacantia.
297 Things of value within territorial waters or continental shelf and
resources of the exclusive economic zone to vest in the Union.
298 Power to carry on trade, etc.
299 Contracts.
300 Suits and proceedings.

: RIGHT TO PROPERTY
300A Persons not to be deprived of property save by authority of law.

PART XIII: TRADE, COMMERCE AND INTERCOURSE WITHIN THE

TERRITORY OF INDIA
301 Freedom of trade, commerce and intercourse.
302 Power of Parliament to impose restrictions on trade, commerce and
intercourse.
303 Restrictions on the legislative powers of the Union and of the States
with regard to trade and commerce.
304 Restrictions on trade, commerce and intercourse among States.
305 Saving of existing laws and laws providing for State monopolies.
306 [Repealed.]
307 Appointment of authority for carrying out the purposes of articles 301
to 304.

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PART XIV: SERVICES UNDER THE UNION AND THE STATES

: SERVICES
308 Interpretation.
309 Recruitment and conditions of service of persons serving the Union or
a State.
310 Tenure of office of persons serving the Union or a State.
311 Dismissal, removal or reduction in rank of persons employed in civil
capacities under the Union or a State.
312 All-India services.
312A Power of Parliament to vary or revoke conditions of service of
officers of certain services.
313 Transitional provisions.
314 [Repeated.]

: PUBLIC SERVICE COMMISSIONS

315 Public Service Commissions for the Union and for the States.
316 Appointment and term of office of members.
317 Removal and suspension of a member of a Public Service Commission.
318 Power to make regulations as to conditions of service of members and
staff of the Commission.
319 Prohibition as to the holding of offices by members of Commission on
ceasing to be such members.
320 Functions of Public Service Commissions.
321 Power to extend functions of Public Service Commissions.
322 Expenses of Public Service Commissions.
323 Reports of Public Service Commissions.

PART XIVA: TRIBUNALS

323A Administrative tribunals.
323B Tribunals for other matters.

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PART XV: ELECTIONS
324 Superintendence, direction and control of elections to be vested in an
Election Commission.
325 No person to be ineligible for inclusion in, or to claim to be included in
a special, electoral roll on grounds of religion, race, caste or sex.
326 Elections to the House of the People and to the Legislative Assemblies
of States to be on the basis of adult suffrage.
327 Power of Parliament to make provision with respect to elections to
Legislatures.
328 Power of Legislature of a State to make provision with respect to
elections to such Legislature.
329 Bar to interference by courts in electoral matters.
329A [Repealed.]

PART XVI: SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES

330 Reservation of seats for Scheduled Castes and Scheduled Tribes in the
House of the People.
331 Representation of the Anglo-Indian community in the House of the
People.
332 Reservation of seats for Scheduled Castes and Scheduled Tribes in the
Legislative Assemblies of the States.
333 Representation of the Anglo-Indian community in the Legislative
Assemblies of the States.
334 Reservation of seats and special representation to cease after sixty
years.
335 Claims of Scheduled Castes and Scheduled Tribes to services and
posts.
336 Special provision for Anglo-Indian community in certain services.
337 Special provision with respect to educational grants for the benefit of
the Anglo-Indian Community.
338 National Commission for Scheduled Castes.
338A National Commission for Scheduled Tribes.
338A National Commission for Backward Classes.

286
339 Control of the Union over the Administration of Scheduled Areas and
the welfare of Scheduled Tribes.
340 Appointment of a Commission to investigate the conditions of
backward classes.
341 Scheduled Castes.
342 Scheduled Tribes.
342A Socially and educationally backward classes.

PART XVII: OFFICIAL LANGUAGE

LANGUAGE OF THE UNION

343 Official language of the Union.
344 Commission and Committee of Parliament on official language.

REGIONAL LANGUAGES
345 Official language or languages of a State.
346 Official language for communication between one State and another
or between a State and the Union.
347 Special provision relating to language spoken by a section of the
population of a State

LANGUAGE OF THE SUPREME COURT, HIGH COURTS, ETC.

348 Language to be used in the Supreme Court and in the High Courts and
for Acts, Bills, etc.
349 Special procedure for enactment of certain laws relating to language.

CHAPTER IV: SPECIAL DIRECTIVES

350 Language to be used in representations for redress of grievances.
350A Facilities for instruction in mother-tongue at the primary stage.

287
350B Special Officer for linguistic minorities.
351 Directive for development of the Hindi language.

PART XVIII: EMERGENCY PROVISIONS

352 Proclamation of Emergency.

353 Effect of Proclamation of Emergency.
354 Application of provisions relating to distribution of revenues while a
Proclamation of Emergency is in operation.
355 Duty of the Union to protect States against external aggression and
internal disturbance.
356 Provisions in case of failure of constitutional machinery in States.
357 Exercise of legislative powers under Proclamation issued under article
356.
358 Suspension of provisions of article 19 during emergencies.
359 Suspension of the enforcement of the rights conferred by Part III
during emergencies.
359A [Repealed.]
360 Provisions as to financial emergency.

PART XIX: MISCELLANEOUS

361 Protection of President and Governors and Rajprakukhs.
361A Protection of publication of proceedings of Parliament and State
Legislatures.
361B Disqualification for appointment on remunerative political post.
362 [Repealed.]
363 Bar to interference by courts in disputes arising out of certain treaties,
agreements, etc.
363A Recognition granted to Rulers of Indian States to cease and privy
purses to be abolished.
364 Special provisions as to major ports and aerodromes.
365 Effect of failure to comply with, or to give effect to, directions given
by the Union.

288
366 Definitions.
367 Interpretation.

PART XX: AMENDMENT OF THE CONSTITUTION

368 Power of Parliament to amend the Constitution and procedure
therefor.

PART XXI: TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS

369 Temporary power to Parliament to make laws with respect to certain
matters in the State List as if they were matters in the Concurrent List.
370 Temporary provisions with respect to the State of Jammu and
Kashmir.
371 Special provision with respect to the States of Maharashtra and
Gujarat.
371A Special provision with respect to the State of Nagaland.
371B Special provision with respect to the State of Assam.
371C Special provision with respect to the State of Manipur.
371D Special provisions with respect to the State of Andhra Pradesh.
371E Establishment of Central University in Andhra Pradesh.
371F Special provisions with respect to the State of Sikkim.
371G Special provision with respect to the State of Mizoram.
371H Special provision with respect to the State of Arunachal Pradesh.
371-I Special provision with respect to the State of Goa.
371J Special provision with respect to the State of Karnataka.
372 Continuance in force of existing laws and their adaptation.
372A Power of the President to adapt laws.
373 Power of President to make order in respect of persons under
preventive detention in certain cases.
374 Provisions as to Judges of the Federal Court and proceedings pending
in the Federal Court or before His Majesty in Council.
375 Courts, authorities and officers to continue to function subject to the

289
provisions of the Constitution.
376 Provisions as to Judges of High Courts.
377 Provisions as to Comptroller and Auditor-General of India.
378 Provisions as to Public Service Commissions.
378A Special provision as to the duration of Andhra Pradesh Legislative
Assembly.
379-391 [Repealed.]
392 Power of the President to remove difficulties.

PART XXII: SHORT TITLE, COMMENCEMENT, AUTHORITATIVE TEXT IN

HINDI AND REPEALS
393 Short titles.
394 Commencements.
394 A Authoritative text in the Hindi language.
395 Repeals.

290