INDIAN POLITY

India under the East India Company

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Queen Elizabeth a Charter in December 1600A.D.to the East India Company to do trade in spices in India. James I (16O3 -1625) renewed the Charter of Elizabeth in 1609 and made the position of the East India Company stronger. The English Company dispatched a ship called GLOBE under the command of Hippon and it arrived at Masula (presently Mchilipatnam) in 1611. This opened a new chapter in the History of English East India Company because it led to the establishment of English Company a factory at Masula. William Hawkins the merchant of the East India Company was given permission to do business and trade in India by the Jahangir, the Mughal Emperor in 1611. Sir Thomas Roe was appointed as the British Ambassador to court of Jahangir in1612; due to his efforts the East India Company was able to continue its trading activities in India. The English Companys official who was responsible for establishing a trading centre at Madras and ultimately for the construction of Fort St.George was Francis Day. Charles I (1625-1649) encouraged a rival companyCourtens Associationby granting a license for the East India trade. Bill of Petitions, passed in 1628 by the British Parliament stated that Parliament should be convened at least once in a year to ratify finances. Charles-I, the king of England was executed by the Court of Pleas in London, presided by the Justice Coke in1649, which act originated the Judicial Activism. Oliver Cromwellthe Protectorin 1657 granted a new chapter, which made the East India Company a united and continuous Joint Stock Corporation and removed all its rivals. The Portuguese rulers gave the Bombay islands as dowry to the Charles II, the King of England. Charles II returned the Bombay islands in 1668 to the East India Company. Glorious Revolution or Bloodless Revolution forced the king James II to flee from England in 1688. British Parliament passed the Bill of Rights, 1689, declared supremacy of Parliament over the King. Godolphins Award, 1708, the two companies, one based upon royal charter and the other based upon an Act of Parliament, were united. The East India Company emerged as the Sovereigns power in the East. In 1716, permission was obtained by the Company from Faukh Siyar, the Mughal Ruler to purchase land in Surat and rent villages near Calcutta. Robert Clive was assisted by Admiral Watson defeated the Sirj-ud-Daula, the ruler of Behar, Bengal and Orissa provinces in the Battle of Plassey, on 23rdJune 1757 as a revenge against the Black-Hole tragedy. Mir Jafar was succeeded Siraj-ud Duala as Nowab of Bengal after the Battle of Plassey. Robert Clive was made the Governor of Bengal twicefrom 1757-1760 and 1765-1767. Van Sitart was appointed Governor of Bengal. Mir Jafar was removed and in his place Mir Kasim appointed as ruler of Behar, Bengal and Orissa Provinces. Major Manroe defeated Mir Kasim and Shah Alam in the Battle of Buxar1764 Clive made Allahabad Treaty with Nowab of Ayodya and Emperor of Mughal to establish a Dual Govt. according to which the English were permitted to collect land tax in Bengal, Bihar and Orissa Provinces, is called Diwani (Civil Government) while the Administration of these areas were controlled by the Nowab, is called Nizamath. Regulating Act in 1773: this stated the Governor of Bengal as the Governor-General of Bengal. Warren Hastings was appointed as the first Governor-General of Behar, Bengal and Orissa Provinces and his council were given the power to superintend and control the Bombay and Madras Presidencies in matters of war and peace.

26. The Regulating Act established a Supreme Court at Calcutta with a Chief Justice and three Judges. The

Act required the Company to renew its permission to trade with India after a period of every 20 years.
27. Charter Act of 1793, 1813 and 1833 were mainly passed to review the permission of the Company to

trade with India.

28. The Amending Act of 1781 corrected the defects in the Regulating Act. 29. Pitts India Act of 1784 established a Board of Control with six commissioners to run the Indian

Administration.
30. Warren Hastings (1772-1785): Abolished the Dual Govt. in Bengal. He made Calcutta as his Capital,

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shifted the treasury of the company from Murshidabad to Calcutta and introduced the system of accounting and controlled the Sanyasi Bandits, who used to kidnap the children of the pilgrims. The first war of Maratha was fought between1778-1782. It was ended with the Salbe Treaty in 1782. The English captured the Island of Salsity. The second of war of Mysore was fought between1780-84, the Governor of Madras Mechartney made a Treaty of Mangalore with Tippu Sultan of Mysore. Corn Wallis (1786-1793): Introduced the Permanent Settlement in 1793. He defeated the Tippu Sultan in the III Mysore War in 1792. He introduced the Covenant Services to recruit civil servants in India and is known as the Father of the Civil Services in India. Sir John Shore (1793-1798): succeeded Corn Wallis. Wellesley (1798-1805): Introduced the Subsidiary Alliance, The Indian Rulers who accepted the Subsidiary Alliance had to keep a large British Force within their territories and pay for its maintenance. The Nizam Ali khan IV of Hyderabad was the first native ruler to accept the Subsidiary Alliance. In the 4th War of Mysore, Wellesley defeated and killed Tippu Sultan in 1799. William Bentinck (1828 1835): Succeeded Lord Amherst. Bentinck was the first GovernorGeneral of India. Bentinck, on the report of the McCauley made English as the official language in 1835 and implemented the law on abolition of the Sati saha gamana. Dalhousie (1848-1856). Before becoming Governor General of India Dalhousie served as the President of the Board of Trade in the Peels Cabinet. Dalhousie executed the Doctrine of Lapse. Sir Charles woods Committee was appointed to study the establishment of Universities in India. His recommendations are known as Woods Dispatch by which the 1st University was established at Calcutta (1857) and at Bombay and Madras in 1858. Andhra under the East India Company

41. Vijaya Rama Raju (1760-1794) who ruled the Vizianagaram Estate, fought against the Company troops

at Padmanabham a sacred place half way between Vizianagaram and Bheemunipatnam, and the Rajah was defeated killed on 10th July 1794.
42. Narayana Babu, eight year old son of Vijaya Rama Raju took refuge in a hilly place called Makkuva in

the Vizag district. Several nobles and tribal rallied around him. The Company hesitated to organize an expedition into the hills. So it started negotiations and the estate was handed over to Narayana Babu on his agreeing to pay the arrears amounting to Rs 5 lakhs. In 1802 the permanent settlement was introduced and the pescush from the Vizianagaram Zamindars was fixed at Rs 6 lakhs per year.
43. The East India Company collected revenue, called pescush from the Zamindars of the coastal area.

China Bhupati, the leader of the tribals of Goligonda in Vizag district revolted against the Company for which, he was granted general amnesty by the Company in1848. Poligar Narasimha Reddy of Kurnool district revolted against the Company in 1848. He attacked the treasury at Koilakuntla and marched towards Cumbum. He was defeated by Capt. Nolt at Moondlapalem, but he managed to escape into the Nizams Area. But six weeks later he reentered the Kurnool district. This time he was captured and hanged publicly at Koilakuntla.

44. Sir Thomas Munro (1761-1827): Munro was born in Glasgow 27th May1761. He began his career in

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India from 1780-1792, took part in the wars of the East India Company with Hyder Ali and Tippu Sultan, the rulers of Mysore. Munro worked as Civil Administrator from1792-1807, in the BraMahal (Salem). From 1800-1807, he worked as the first collector of the ceded districts (Rayalaseema) Munro with the help of Gen. Compbell was able to suppress the Poligars. He was the president of the Judicial Commission. His recommendations like the transfer of supervision of police from the Judge to the Collector, the appointment of village officials to deal with petty thefts were accepted. Munro. Governor of Madras (1820-1827): while on tour of the Kurnool district, he was attacked by cholera and died at Pattikonda on 6th July 1827. Munro was regarded as Mandava Rishi and boys are named after him as Munrolappa. He constructed the Raghavendra temple at Mantralayam in Kurnool district. He also built Aghasteeswaralayam temple at Pedda Cheppali and extended funding to built ChennakesavaSwami temple and Rameswaralayam at Jammalamadugu. Munro used to speak fluent Telugu and carried on the administration without the help of Dubashees the native subordinate corrupt officials. Colnol Mcenjee was the author of the history of villages in Andhra known as Kaiphiyat. East India Company established the Board of Revenue in Andhra in1789. Board of Revenue was abolished and in its place Collectors were appointed from 1794. The severe famine that affected the Guntur in1833 is called Dokkala Karuvu. Haveli lands means government lands under the Company rule. The textiles exports lost the foreign market by 1842-43 due to imposition of excessive transit duties and Moturpha an impost on the native looms. The carpets of Eluru and the colored rugs and blankets Kurnool famous in the international market. In Eluru, the craft was developed by the immigrants of Persia when Andhra came under the Muslim rule. At the London exhibition of 1851 the carpets of Eluru became very famous. Sir Arthur Cotton: He is the father if the irrigational projects in Andhra region and constructed anicuts across the Godavari at Dhavaleshwaram and on Krishna at Viziayawada rivers in 1847 and 1853. Cotton was assisted by Capt. Orr in the construction of Krishna barrage. Sir Arthur Cotton was also assisted by Veesam Veeranna who supplied workers in the construction of Godavari barrage, for which he was awarded the title Rao Bahadhur. The Asaf Jahis (1724-1948): The Mughal Empire lost its strength after the death of Aurangzeb in1707. But the Mughal rulers esteem and fame did not diminish, for it continued to survive for a few decades. During the first quarter of the 18th century, the Provincial Governors tried to assert independence by taking the incompetence of the later Mughal Emperors into consideration. One of them was Mir Qumaruddin Khan Qilad Khan, otherwise popularly known as Nizam-Ul-Mulk. He was the founder of the Hyderabad State in 1724. The Nizams ruled the present Telangana region/Hyderabad State up to September 17th 1948. The East India Company annexed Circar Districts and Ceded Districts/Rayalaseema, while the Nizams continued their sway over the Deccan Plateau as confident rulers of the British. Who established the Asaf Jahis rule in 1724? Nizam-Ul-Mulk. Nizam-Ul-Mulk made a Warna Treaty with whom in1731? With Maharastrians. Nizam-Ul-Mulk in which year passed away? 1748. After the death of Nizam-Ul-Mulk for the Rule of Nizams the dynastic wars were fought between whom? Muzafur Jung and Nazar Jung. With whose assistance Muzafur Jung dethroned Nazar Jung and usurped the power as Nizam of Hyderabad? Duplex, the French Governor. Who was the Nizam assassinated at Akkireddipalli, near Rayachoti in Kadapa District? Muzafur Jung.

 Who was the Nizam surrendered the Northern Circar Districts to East India Company? Nizam Ali Khan IV. Who was the Nizam of Hyderabad first joined in the Subsidiary Alliance introduced by the Lord Wellesley? Nizam Ali Khan IV. Which were the districts ceded (Datta Mandalalu) to East India Company by Nizam Ali Khan IV in 1800? Kadapa, Karnool, Anantapur and Ballari. Who built the City of Secunderabad? Nizam Secunder Jah. Who appointed Saalar Jung as the Diwan of Hyderabad? Nazir-Ud-Daula. Who was the Nizam conferred the title of Star of India by the English rulers? Afzal-Ud-Daula. What was the name of the Revenue System of Saalar Jung? Zila bandhi. Who was the Diwan conferred the title of honorary DCL degree by the Oxford University? Saalar Jung. Who was the Nizam of Hyderabad during the Sepoy Mutiny? Afzal-Ud-Daula. Who was the Nizam during the Mulki Movement? Mir Mehaboob Ali Khan. Who conducted the first Industrial Exhibition at Hyderabad in 1856? Saalar Jung. Whose efforts realized the construction of Railway line between Madras and Bombay in1868? Saalar Jung. Who constructed the Usmaan Saagar, Nizam Saagar, Azam Jahi Mills at Nizamabad, Wazeer Sultan Tobacco Company at Hyderabad, Sugar factory at Bhodan, Paper Mill at Siripur? Usman Ali Khan. Who was the last of the Nizam Rulers? Usman Ali Khan. What was the name of the Operation launched against Usman Ali Khan by the Indian Government on September 17th 1948? Operation Polo. Who was the General commanded the Operation Polo? Brigadier General J. N. Choudhary. Who built the Usmania Hospital and Usmania University? Usman Ali Khan. Lord Caning 1858-1862: He was known as Clemency Caning. He implemented the Act of Indian Civil Services in 1861.He introduced the McCauleys Indian Penal Code. He introduced the Portfolio System, Budget System. Lord Elgin (1860-1863): Crushed the Vahabees, the Muslim fanatics. Lord Lawrence (1864-1869): He started an oriental college in Punjab. Lord Mayo (1869-1872): Reforms of local governments in India in 1870. Lord North Brook (1872-1876): Bengal was affected with severe famine. Lord Litton (1876-1880): Reduced the age limit of Indians from 1917 to appear for the Civil Services Lord Litton declared that the queen or king of England accepted the title Kaiser-e- Hind under the Royal Titles Act in 1877 at Delhi. Lord Rippon (1880-84): Representative of the liberalism of Gladstone Era. The Ilbert Bill 1883 introduced by the Lord Rippon emphasized that the Indian Magistrates can try criminal English men. The English men in India opposed it. Lord Rippon introduced the reforms in Local Governments in 1882 by which District Boards and Taluk Boards were created. The local people elect members to these local bodies. He ordered the provincial governments to fund the local bodies i.e. why, he is known as the Father of the Local Governments in India. Rippon appointed Rameshchandra Mitter as the Chief Justice of Calcutta High Court temporarily in the place of Justice Sir Richard Gurth, who went on leave. Lord Duffrin (1884-1888): He annexed Burma into British India. Indian National Congress was established during his period. Lord Lawns Down (1888-1893): He created Durand Line between India and Afghanistan. Elgin II (1893-1899): He suppressed the revolt at Chitral near Kashmir.

Lord Curzon (1899-1905): He started Archaeological Department of India in 1902. Its first director general was Sir John Marshal. He implemented the Ancient Monuments Protection Act in 1904. In 1905 Curzon divided the Bengal. It was abolished in 1911.

Charter Act of 1861: i. ii. iii. A fifth member (a gentleman of legal profession) was added to the Viceroys Executive council. The viceroy was empowered to make rules for the more convenient transaction of business in the Council. This power was used by Lord Canning to introduce the portfolio system in the Government of India. For purposes of legislation the Viceroys Executive Council was expanded by the addition of not less than six and not more than twelve additional members, not less than half of whom were to be non-officials. Some of the non-official seats were offered to natives of high rank. Thus, a minute element of popular participation was introduced in the legislative process. The function of Legislative Council so created was strictly limited to legislation; it could have no control over administration or finance or right of interpretation. The legislative, powers were restored to the Presidencies of Madras and Bombay. But no laws passed by the Provincial Councils were to be valid until they received the assent of the Governor-General. Introduced the Portfolio System i.e., each member of the Executive Council looked after one or more departments of administration. The Governor-General was given the authority to issue ordinances in case of emergency.

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The significance of the Indian Councils Act of 1861 may be easily understood. The legislative councils (imperial as well as local) were aptly described by Ramsay MacDonald as committees for the purpose of making laws, committees by means of which the Executive Government obtains advice and assistance in their legislation. It afforded an opportunity for the association of eminent Indians with the work of legislation as M.G. Ranade, Dadabhai Naurojee, Phirozshah Mehta and Baduriddin Tyabjee in Bombay; K.D.Paul and Raja Pyare Mohan Mukherjee in Bengal and Sir Subramanian Aiyer in Madras. Charter Act of 1892: It introduced in India both Central and Provincial Councils, an element of election, and it has enlarged the powers of the Central and Provincial Councils. It did not introduce the system of direct election and thereby the non-official element remained as unrepresentative as before. The Govt. of India Act 1909: The Minto-Morley Reforms provided an element of election in the Central Legislative Council. It introduced Reservations for Muslims in the State Legislature. It sparked protest by the Indians. It also created the facility to contest Assembly elections. Lord Minto (the then Viceroy of India) and Lord Morley (the then Secretary of State for India) played an important role for enacting the Act of 1909. The Government of India Act of 1919: It was also called Montague-Chelmsford Reforms. Montague (Secretary of State for India) and Chelmsford (Viceroy) were the makers of this Act. Hence, it was named after them. This Act introduced Parliamentary form of Government. Appointed a High Commissioner for India in Britain and women were granted the right to vote. The Act introduced a sort of federal government by dividing administrative subjects into central (47) and provincial (51) subjects. It introduced a Bi-Cameral Legislature and direct elections in the country. It also introduced Diarchy or Dual Government. Provincial subjects were divided into two categories-Reserved and Transferred. The Reserved subjects were Revenue, Home, Finance, Police, Jails, Famine Relief, Newspapers, and Motor Vehicles etc while the Transferred subjects were Education, Agriculture, Health, and

Sanitation, Public Works, Animal Husbandry, Registration, Industries etc. The Reserved subjects were placed under the control of the British and the Transferred subjects were given to the Indians. Indians were made Ministers for the first time without any powers. The Government of India Act of 1935: Reduced the powers of the Secretary of State over the provincial subjects, Abolished the India Council, established by the Act of 1858, Vested the power of amending the Constitution in the British Parliament, and separated Burma from India. Establishment of an All-India Federation in the country. The proposed Federation would consist of British India Provinces and Native States. The Native States were free to join or not to join the proposed federation. The rulers of Native States joining the Federation, were required to join the Instrument of Accession, surrendering their authority to the Federal Government. Divided the powers between the center and provinces into three lists. They were: a) Federal List (59 subjects), b) Provincial List (54 subjects) and c) Concurrent List (36 subjects). The Act increases the strength of the Central Legislature. The Upper House (Council of States) was to consist of 260 members and the Lower House (Federal Assembly) 375 members. * Diarchy at the Center. Federal subjects were divided into two parts: Reserved and Transferred. The former were to be administered by the Governor General with the help of Executive Councilors where as the latter with the help of Indian Ministers. *Provided for the establishment of a Federal court consisting of one Chief Justice and six other judges. The Supreme Court was to be established at Delhi. Retained the communal electorate system and extended it to depressed classes, workers and women also. It introduced autonomy to the provinces. Jawaharlal Nehru said that the Act of 1935 provided a machine with strong breaks but no engine.

THE MAKING OF THE INDIAN CONSTITUTION: The Simon Commission headed by Sir John Simon visited India in February 1928. All the seven members of the commission were British. Since all the members were British, all political parties boycotted and rejected its report. Motilal Nehru the chairman to draft the Constitution submitted the Nehru Report in August 1928. 26th January 1930 was celebrated as the first Independence Day. New India, Common Wheel, magazines published by Anne Besant. Gandhis activities in South Africa were covered during 1893-1914. Who influenced the Mahatma in 1917 to visit Champaran? Raj Kumar Sukla. Who killed the Saunders? Bhagat Singh. The first Indian elected to the House of Commons is Dada Bai Naurojee.. Which has become the center- point of revolutionary political activities of Indians in London? India House. The First Round Table Conference was held in London from 12 th November 1930 to 2nd January1931, convened by British Prime Minister Ramsay McDonald. King George V inaugurated it. The Congress boycotted it. The Second Round Table Conference was held in London from 7th September to 1st December 1931. The Third Round Table Conference was held in London from 17 th November 1932 to 24th December 1932. The Congress did not participate. Lord Linlithgow, the Governor-General of India made a statement in August 1940 that Dominion status was to be the goal for India. This is known as the August Offer. The Congress rejected it. The Muslim League welcomed it. The August offer was made to induce the Indians to make an active role in the efforts of the 2nd World War.

Sir Stafford Cripps visited India in 1942 and promised dominion status to India after the 2 nd World War. Gandhi described Sir Stafford Cripps proposals as a Post-dated cheque. Wavell Plan in June 1945 (1) Viceroys Executive Council representing all political parties, (2) the establishment of responsible governments in all provinces The Cabinet Mission consisting of 3 British Cabinet Ministers- Lawrence, Cripps, and Alexander arrived in India on 24th March 1946. The Cabinet Mission Plan was announced on 16th May 1946. The Congress and the Muslim League accepted it. The Constituent Assembly was set up under the Cabinet Mission Plan. Elections to the Constituent Assembly were held in July 1946. The members of the Provincial Assemblies elected the members of Constituent Assembly. Lord Mount Batten was the last Viceroy of India. On 3rd June 1947, he announced the plan; accordingly India should be divided into Pakistan and India by 15 th August 1947. The Congress and Muslim League agreed upon the plan. It is the basis of the Indian Independence Act 1947. The Constituent Assembly for undivided India first met on 9th Dec, 1946. The first meeting of the Constituent Assembly was held on 9th Dec, 1946. The symbol of the Constituent Assembly is Elephant. MN Roy first created the idea of Constituent Assembly. In the first session of the Constituent Assembly 211members were participated. Dr. Rajendhra Prasad was elected as Chairman Constituent Assembly on11th December 1946 and H.C.Mukerjee as Vice-chairman. The Constituent Assembly adopted the National Flag on July 22 1947. The Constituent Assembly adopted National Anthem on Jan 24 1950. British Parliament passed the Indian Independence Act on July18th 1947. It brought the British rule to an end on 15th August 1947 in India. The Drafting Committee was constituted under Dr. B.R. Ambedkar on 29 th August 1947. The Committee submitted its report on 21st February 1948. The Constituent Assembly adopted the Constitution on 26th November 1949. The Constitution of India came into force from 26th January 1950. Jana Gana Mana was first sung at the Lahore Congress Session in 1929. The Indian Constitution is made on the basis of Govt. of India Act 1935. The Constituent Assembly adopted the four lion headed Asokas Stupa as the national symbol on 26th January 1950. Preamble: Incorporated in the Constitution based on the Objectives Resolution moved by Jawaharlal Nehru. THE AIMS AND OBJECTIVES:

We, the people of India, having solemnly resolved to constitute India into a SOVEERIEGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all citizens: JUSTICE: social, economic and political, LIBERTY: of thought, expression, belief, faith and worship, EQUALITY: of status and of opportunity; and to promoting among them all, FRATERNITY: assuring the dignity of the individual and the unity and the INTEGRITY of the Nation. In our Constituent Assembly this 26th of November, 1949, do HEREBY ADOPT AND GIVE TO OURSELVES THIS COSTITUTION. It may be seen that the ideal embodied in the Objectives Resolution is faithfully reflected in the Preamble to the Constitution. D.D Basu: Introduction to the Constitution of India. Nehru termed his Objectives Resolution as a declaration, a firm resolve, a pledge, an undertaking and for all of us a dedication.

K. M. Munshi, a member of the Drafting Committee of the Consembly, proudly described the Preamble as political horoscope and Acharya J. B. Kriplani, in a more philosophical vein, lauded it as mystic principles of a welfare state. The importance and utility of the Preamble has been pointed out in several decisions of our Supreme Court. Though, by itself, it is not enforceable in a Court of Law. The Preamble so far, amended only in 1976 under 42nd Constitutional Amendment Act, which incorporated Socialist and Secular, Integrity, ideas as its goals. In the Beru Bari Case (1960), the Supreme Court presided by the Chief Justice Gajendragadkar opined that any part of the territory of India could be ceded to a foreign State by making an amendment in the Constitution and also declared the Preamble is not a part of the Constitution. In the Kesavananda Bharathi case, (1973), Supreme Court presided by the chief Justice A. N. Ray that no amendment of the Constitution could destroy its basic structure and the court itself would determine what constituted its basic framework and also declared that the Preamble is a part of the Constitution.

Part-I: Indian Constitution: Union & its Territories Art.1: of the Indian Constitution says, India is a Union of States: unlike the US Constitution, which says that U.S is a Federation of states. The expression Union of States confers certain advantages: a) The Indian Union is not an outcome of an agreement concluded with the States. Since states didnt create the Union, States have no power to secede from the Union. Therefore, Indian Union is indestructible. On the other hand the expression Federation of States does not rule out power of the States to secede from the Federation. b) The expression Union of States also means it includes only those entitles. This takes for division of powers. Since Union Territories do not take for division of powers, they are not part of the Union. c) But the expression Territory of India include- States, Union Territories and any other territories incorporated in India e.g. Sikkim was admitted to the Indian Union as an associate state in 1974. Pondicherry was also admitted in 1954 as a Union territory. Art.2: It authorizes the Parliament to admit new territories into the Indian Union Art.3: It deals with the change of area, name & boundary of a state. Constitution conferred this power on the Union Parliament. However, Parliament has to follow certain procedures to bring such changes. Any proposal regarding such change has to be introduced as a bill in any house of the Parliament with the prior recommendation of the President. Prior recommendation of the President means that the bill is a government bill and not a Private Members Bill. (Private members bill is a bill introduced by any member of the Parliament other than a minister.) Part II: Citizenship: Article 5 to 11: You will be entitled to Indian Citizenship if you are: (a) Domicile in India; (b) Born in India; (c) A refugee who has migrated to India from Pakistan. The citizenship of that citizen of India will not be terminated who has voluntarily acquired Foreign Citizenship during the period when the India is engaged in war. An Indian can acquire citizenship (a) by descent (b) by naturalization and (c) by registration. The detailed provisions regarding acquisition and

termination of Indian Citizenship are contained in the Citizenship Act, which was passed by the India Parliament in 1955. The constitution of India provided for single citizenship. Part-III of the Indian Constitution: Fundamental Rights: Article 12: In this part, unless the context otherwise requires the state includes the Govt. and Parliament of India and the Legislature of each of the State and all local or other authorities within the territory of India or under the control of the Govt. of India. Article 13: Supreme Court is vested with the power of Judicial Review. The Motilal Nehru Committee, appointed by the All Parties Conference convened by the Congress, spelled out in a comprehensive manner the features of free Indias polity as early as 1928. It recommended, among other things, a parliamentary and federal structure of government and an exhaustive list of fundamental rights. Thirteen of the nineteen rights enumerated in the Nehru Report were included without any material alteration in the chapters on Fundamental Rights and Directive Principles of the 1950 Constitution. Jawaharlal, son of Motilal, moved another famous resolution, in 1931, known as the Karachi Resolution, which again attempted a comprehensive statement of objectives. B. Pattabhi Sitaramayya, in his book, The History of the Indian National Congress, commenting on this resolution, brought out the significance of all such statements of intent: Jawaharlal was rather keen on these matters, not because of the rival groups bent on criticizing the Congress, but because these were matters on which the Nation should be clear in its own mind and should carry on education and propaganda among the masses. This was the genesis of the resolution. The Karachi session of Indian National Congress 1931 prepared a Report on Fundamental Rights and Duties. Right to Life is a Fundamental Right cannot be suspended even during an Emergency under Article 352 of the Constitution. Right to Equality: A-14: Equality before Law. A-15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth. A-A-15(4) Welfare to the backward classes. A-16: Equality of opportunity in matters of public employment. It also gives equal opportunities to employees in promotions. A-17: Abolition of un-touch ability. A-18: Abolition of titles. Right to Freedom:

A-19: All citizens shall have the right (a) To freedom of speech and expression, (b) To assemble peaceably and without arms, (c) To form associations or unions, (d) To move freely throughout the territory of India, (e) To reside and settle in any territory of India, (f) Freedom to own, acquire and dispose property, which is deleted under the 44th Constitutional Amendment Act in 1978 and (g) To practice any profession, or to carry on any occupation, trade or business. A-20: Protection in respect of Conviction for offences. It also cannot be suspended during the Emergency. A-20(3): stipulates that no person accused of any offence shall be compelled to be a witness against himself. A-21: Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by Law.

A-22: Protection against arrest and detention in certain cases No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrests nor shall be denied the right to consult, and to be defended by a legal practitioner of his choice. Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of 24 hours of such arrest excluding the time necessary for the journey from the place of arrest to court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate. A-20, 21 and 22 also guarantee freedom of individuals against arbitrary detention and imposition of punishment for two times for a single offence. It instructs the State to produce the detenue within 24 hours before the nearest magistrate. Several acts like Maintenance of Internal Security Act (MISA), Preventive Detention Act (PDA), Defence of India Rule (DIR), National Security Act (NSA), Terrorist and Disruptive Act (TADA), Prevention of Terrorist Act (POTA) etc., impose some restrictions on the behavior of the individuals. Right against Exploitation:

A-23: Prohibition of traffic in human beings and forced labor. A-24: Prohibition of employment of children in factories etc. Right to Freedom of Religion:

A-25: A-26: A-27: A-28:

Freedom of Conscience and free profession, practice and propagation of religion. Freedom to manage religion affairs. Freedom as to payment of taxes for promotion of any particular religion. Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

Right to Cultural and Educational:

A-29: Protection of interests of minority. A-30: Right of minorities to establish and administer educational institutions. A-31: Repealed by the Constitution 44th Amendment Act 1978. Saving of Certain Laws:

A-31A: Saving of Laws providing for acquisition of Estates, etc. A-31B: Validation of Certain Acts and Regulations. A-31C: Saving of Laws giving effect to certain directive principles. A-31: The right to property was amended to meet the socio-economic programmers of the government. In 1950, the State Govt. of Bihar, Madhya Pradesh and Uttar Pradesh abolished the Zamindari System. The Zamindari abolition was challenged as unconstitutional. The Patna High Court in its verdict declared that the abolition of Zamindari System as unconstitutional. But the High Court of Madhya Pradesh and Uttar Pradesh declared that the abolition is not against the Right to property and hence it is constitutional. The First Amendment of the Constitution, in 1951, was necessitated with a view of over riding a series of decisions rendered by the Supreme Court and thus to save the Zamindari Abolition Acts from judicial scrutiny. Article 31(A) and 31(B) two new clauses were inserted. According to 31(A) the laws meant for abolishing Zamindari System are not against the fundamental right, Right to Property. According to Article 31B, the legislations on land reforms by the State Governments shall be continued.

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In 1935, in the Bela Banerjee Vs. The State of Bengal case the Supreme Court held that the State should pay the Market Value to the property confiscated and the Central Govt. has no power to amend the right to property. The Fourth Amendment was enacted to render the question of reasonable compensation for acquisition of estates non-justiciable. In the wake of these declarations the seventeenth amendment was enacted in 1964, where under 44 Laws passed by both the States were included in the Ninth Schedule in order to maintain them valid. A good no. of writ petitions challenging the competition of Parliament to enact the seventeenth amendment were moved in the Supreme Court. The Supreme Court by a 6-5 (the Golak Nath case) ruling on Feb 27 th, 1967 reversed its earlier decisions and declared that Parliament has no power to abridge or take away Fundamental Rights by amending the Constitution under Article 368. The Constitution (24th Amendment) Act 1971 was enacted to get over the difficulty created by the Golak Nath Case. The amendment empowered Parliament to abridge or abrogate any of the Fundamental Rights, including the right under Article 32, to move the Supreme Court for the enforcement of Fundamental Rights. The validity of this amendment was questioned in Supreme Court through a series of writ petitions. In Kesavananda Bharathi Vs. The State of Kerala, the court reversed the Golak Nath case judgment by upholding the validity of the 24th Amendment and thereby restored the supremacy of Parliament in regard to legislation on Fundamental Rights, a position that existed prior to 1967. But the Court also ruled the Parliament cannot alter the basic structure or framework of the Constitution. What exactly did basic structure means the court said nothing about it. The 34th Amendment enacted in 1974 put out of the pale of Judicial Review a bunch of Laws designed to alter the structure of ownership of agricultural land and tenurial relations. The 39th Amendment (1975) sought to amend the Ninth Schedule of the Constitution so as to bring within its scope 38 Central and certain State enactments and thereby protecting them from challenge in any court of Law on the ground of violation of any of the Fundamental Rights. Soon in the wake of the 39th Amendment came the 40th in May 1976, which provided for addition of 64 Central and State Laws in the IX schedule with a view protecting them for challenge in the courts on constitutional grounds. By including these nine Central Acts and fifty-five State Laws in the IX schedule the new doctrine of the Congress Govt. that the Directive Principles of State Policy should prevail over Fundamental Rights was reaffirmed in no uncertain terms. The Swaran Singh Committee on Constitutional Reforms appointed by the President of Indian National Congress early in 1976 suggested that the Primacy of the Directive Principles of State Policy over Fundamental Rights must be proclaimed once for all and no law giving effect to the Directive Principles should be called in question on the ground of infringement of any of the Fundamental Rights. The 42nd Amendment Act 1976 was mainly based on the recommendations of the Swaran Singh Committee Report. Accordingly, the scope of Article 31-C was widened so as to cover legislation for implementation of all or any of the Directive Principles and no Law could be called in Question in any Court on the ground of infringement of any of the Fundamental Rights. After Article 31-C a new Article 31-D was inserted for saving of Laws in respect of anti-national activities. No Law made to prevent or prohibit anti-national activities or the prevention of formation or prohibition of anti-national associations was to be deemed void on the ground that it was inconsistent with, or took away or abridged any of the rights conferred by Article 14, 19 and 31 of the Constitution. The supremacy of Parliament, thus, remained unchallenged, through the decision in the Kesavananda Bharathi case, reaffirmed in Indira Gandhi Vs. Raj Narayan still prevailed. The validity of 42nd amendment was questioned through various writs and the Supreme Court in the Minerva Mills case struck down in May 1980 section 4 & 5 of the amendment incorporated in Article 31-C and Article 368(4)(5) of the Constitution. The Constitution (44th Amendment) Act 1978 abolished the Right to Property as a Fundamental Right, which in inter alia deleted Article 19(f) and Article 31 from the Constitution.

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However, the Right to Property has retained as a legal right by spelling it out in a new Article 300A incorporated in a new Chapter in Part XII. Article 300-A provides that no person shall be deprived of property save by authority of Laws. Thus, the Right to Property has ceased to be a Fundamental Right but continues to exist as a Constitution Right.

Right to Constitution of Remedies: A-32: Remedies for enforcement of rights conferred by this part. This right enables the individuals to move the higher courts for enforcing the above fundamental rights. The Supreme Court and the High Courts issued several writs for protecting the above rights. They can declare the Laws of executive and legislature as unconstitutional if the latter violate any of the rights mentioned in the part-III of the Constitution. Dr. Ambedkar described this right as the heart and soul of the constitution. A-33: Empowers the Parliament to determine the extent of application of the above rights to the armed forces. A-34: Fundamental Rights are not applicable in the areas where Martial Law was in force. A-35: Empowers the Parliament to make Laws for Central Govt. Employees.

Review on Fundamental Rights: Fundamental Rights of the Constitution has been inspired by the Bill of Rights of the U.S. Constitution. These rights are known as fundamental because they have been given constitutional status and regarded as essential to attain the fullest development of the individual personality. Fundamental rights and Directive Principles are viewed by constitutional experts as the cornerstone of the Indian Constitution and constitute the conscience of the Constitution. Difference between Fundamental Rights & Other Legal Rights: In case of FR of the individual is violated, he can directly move to the Supreme Court to seek protection under Art 32 (Right to Constitutional Remedies). But if legal rights other than FRs are violated he can right to approach High Court under Art 226 of the Constitution or the subordinate courts by filling an ordinary legal suit. Judicial Review and Fundamental Rights Judicial review means power of Supreme Court and High Courts to declare a law as unconstitutional & void, if it is inconsistent with any of the provisions of the Constitution to the extent of such inconsistency. Power of judicial review is available to the court not only against legislative acts but also against executive order. The power of judicial review is not explicitly mentioned in Constitution. However, so far as Fundamental Rights are concerned, it is explicitly mentioned under Art 13. The power is also traceable under Art.32 (Writ jurisdiction of the Supreme Court) and Art. 226 (writ jurisdiction of the High Courts) Supreme Court in Kesavananda Bharathi (1973) and Minerva Mills cases held that judicial review is a part of the basic structure of the Constitution, which cannot be taken away or destroyed by the Parliament even by means of amendment. Amenability of Fundamental Rights

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Art 13(2) states that State shall not make any law that takes away or abridges the fundamental rights conferred in Part III and any law made in contravention of the fundamental rights shall be void to the extent to such contravention. Applying this article the validity of 1st Amendment Act 1951 was challenged in the Supreme Court in Shankari Prasad Vs Union of India (1952) case. Shankari Prasad vs. Union of India (1952) case

Here the Supreme Court held that constitutional amendment under Art.368 does not fall under the purview of Art. 13(2) SC held the parliament can amend any part of Constitution including Fundamental Right., The amendment power of Parliament under article 368 is unfettered.

In Sajjan Singh vs. State Rajasthan (1965) case the Supreme Court also reiterated its earlier decision in Shankari Prasad Case. But the Supreme Court in GolakNath vs. State of Punjab (1967) case over-ruled its earlier decisions and held that Parliament enjoys only one type of legislative jurisdiction called ordinary legislative power. Art-368 merely contains the procedure to amend the Constitution. But it doesnt confer any power on Parliament to amend the Constitution because title of Art. 368 is The procedure to amend the Constitution. Further the court held that Fundamental Rights have been given a transcendental position and no authority including the Parliament functioning under the Constitution can amend these Fundamental Rights. Parliament reacted to the judgment of GolakNath case by enacting 24th Amendment Act 1971. It added Art.13 (4), which says that nothing in this article shall include the constitutional amendment made by parliament under the procedure of Art.368. Thus it made it clear that Fundamental Rights are amendable under article 368. 24th Amendment Act was challenged in Kesavananda Bharathi vs. State of Kerala (1973) case. Upholding the Constitutional validity of 24th Amendment Act the Supreme Court said that Parliament enjoys Constitutional amendment power under article368. Thus it can be amend any part of the Constitution including Fundamental Right. However, the court held that the amending power of Parliament is not unlimited rather it is limited to extension of not destroying the basic structure of Constitution. But the court did not define what basic structure is. In a number of subsequent cases Supreme Court has only indicated parts of the Constitution that forms basic structure. Subsequent Supreme Court judgments indicate several basic features like judicial review, secularism, welfare state, democratic and republic forms of government, parliamentary form of government, federalism, separation of power, balance among three organs of government, free and fare elections, independence of judiciary and rule of law. List is illustrative but not exhaustive. It is for Supreme Court to decide what constitutes basic structure of the Constitution. Further encouraged by the judgment parliament passed 42nd amendment Act 1976, which among other included Arts. 368 (4) & 368 (5). Through this amendment Parliament tried to override both the power of judicial review and concept of basic structure.

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This was challenged in Supreme Court in Minerva Mills Vs Union of India (1980) case. The court held Article 368 (4) & (5) unconstitutional and void, as they were volatile of basic structure of the Constitution. Here the court said that judicial review itself is a basic structure of the Constitution and hence cannot be taken by the Parliament. Suspension of Fundamental Rights Fundamental Rights enshrined in Part III of the Constitution can be suspended when the Proclamation of National Emergency is in operation. Article 358: While a National Emergency declared on grounds of war and external aggression is in operation,, Fundamental Rights granted under Art.19 are automatically suspended. However such automatic suspension of FRs does not apply to National Emergency declared on ground of armed rebellion. Article 359: when a National Emergency declared on grounds of war and external aggression or internal rebellion is in operation, President may declare by a separate order that the right to move any court for the enforcement of FRs except articles 20 & 21 shall remain suspended. Directive principles of State Policy: The Directive Principles of State Policy are mentioned in Part-IV of our constitution from articles 36 to 51. The makers of our constitution borrowed them from the Irish Constitution. Dr. Ambedkar described the Principles are similar to the Instruments of Instructions mentioned in the Government of India Act, 1935. Essential Features: Directive Principles of State Policy contain some directions or instructions issued to the various governments in India. The Governments have to implement these principles subject to the availability of financial resources. They have to be implemented by the party or parties, which form government irrespective of their political ideology. A-37: The provisions contained in this part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.

Directive principles are adopted from the constitution of Ireland. It is in the form of general instructions to the state. DPSPs embody the aims which state must bear in minds while formulating policies and making laws. DPSPs constitute very comprehensive social, economic, administrative programme of a modern democratic state. It is unique blend of socialist, Gandhian, Western Liberal principles and objectives of freedom struggle. 1. Socialist Principles Art. 38: State to secure a social order for the promotion of welfare of the people. Art. 39: Certain principles to be followed by the state a) Citizens have the right to an adequate means of livelihood. b) Ownership and control of the material resources of the community are so distributed to subserve common good.

c) No concentration of wealth and means of production to the common detriment.

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d) Equal pay for equal work for both men and women. e) Health and strength of workers, men, women and children are not abused and they are not forced to enter vocation unsuited to their age or strength. f) Children should be given opportunity to develop in a healthy manner. Art. 41: Right to work to education and to public assistance in certain cases. Art. 42: Provision for just and humane conditions of work and maternity relief Art. 43: state to secure to all workers a living wage, decent standard of life and full employment of leisure. Art 43A: Participation of workers in the management of industries. Art. 45: Early childhood care and education to children below the age of six years. 2. Gandhian Principles Art. 40: Organization of Village Panchayat Art.46: Promotion of educational and economic interests of SCs, Sts and other weaker sections Art.47: Duty of the state to raise the level of nutrition and the standard of living and to improve public health. Art.48: Organization of agriculture and animal husbandry. 3. Western Liberal Principles A. 39A: Equal justice and free legal aid A. 44: uniform civil code for the citizens A. 50: Separation of judiciary from executive. 4. Objectives of Freedom Struggle A. 48A: Protection and improvement of environment and safeguarding of forests and wild life. A. 49L: Protection of monuments and places and objects of national importance. A. 51: Promotion of international peace and security Nature of Directive Principles of State Policy: DPSPs are non-justifiable in nature, as they cannot be enforced in the court of law. Thus they are in the form of directions or instructions to the state to undertake certain welfare measures for the people. They can be implemented only when they are incorporated in policies formed by the executive or included in laws made by the legislature. Conflict between Fundamental Rights and Directive Principles of State Policy: In GolakNath case (1967), Supreme Court held that Fundamental Right couldnt be abridged to implement the Directives because of the transcendental position given to the former in the Constitution. Later Parliament enacted Bank Nationalization Act, 1969 (14 banks were nationalized) and Privy Purses Abolition Act, 1970 (abolish grants which was being given to the rulers of erstwhile princely states until 1970) to give effect to certain provisions of Part IV (Particularly article39) of the Constitution. This was challenged in the Supreme Court, which held these acts as unconstitutional and void on ground of violation of articles 14, 19 and 31.

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Subsequently, Parliament enacted 25th Amendment Act, 1971 and inserted Art. 31C. [If a law is passed to give effect to Directive Principles under Article 39 (b) & (c) and in the process it violate Fundamental Right under articles 14,19 and 31, this law shall not be declared unconstitutional by the courts.] 25th Amendment was challenged in the Supreme Court in Kesavananda Bharathi case (1973). Court upheld the validity of Art. 31C. Encouraged by this Parliament enacted 42nd Amendment Act,1976. it said that any law made to implement any of the ?Directives contained in Part IV of the Constitution would be totally immune from unconstitutionality on the ground of contravening FRs under article 14,19 & 31. Validity of 42nd Amendment was challenged in the Supreme Court in Minerva Mill case (1980). Court invalidated the aforesaid provision of 42nd Amendment. Therefore, the present status is that, judiciary cannot invalidate any law implementing certain provision under Arts. 39 (b) & (c) even if they violate FRs under article 14 & 19. (Article 31 was repealed in 44 th Amendment Act, 1978). Directives Added by Subsequent Amendment Some directive principles are added to the Constitution through subsequent amendments.

42nd Amendment Act (1976) added Arts. 39(f), 39Am 43A and 48A 44th Amendment Act (1978) added Arts. 38(2) 86th Amendment Act (2002) added Arts. 45

Fundamental Duties: The 42nd Amendment Act, 1976, added part IV A. It encompasses Article 51-A Ten Fundamental Duties of the citizens of India. This part was added in accordance with the recommendations of the Swaran Singh Committee. It is meant to bring in line with the Universal Declaration of Human Rights and the Constitutions of Japan, China and USSR. 51A. it shall be the duty of every citizen of India a) to abide by the Constitution and respect its ideals and institutions, the National Flat and the National Anthem; b) to cherish and follow the noble ideals which inspired our national struggle for freedom; c) to uphold and protect the sovereignty, unity and integrity of India d) to defend the country and render national service when called upon to do so e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities, to renounce practice derogatory to the dignity of women; f) to value and preserve the rich heritage of our composite culture; g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; h) to develop the scientific temper, humanism and the spirit of inquiry and reform;

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i)

to safeguard public property and to abjure violence; constantly rises to higher levels of Endeavour and achievement;

j) to strive towards excellence in all spheres of individual and collective actively so that the nation k)
Nutritious food to the children of the age of six to fourteen years.(86th Constitutional Amendment Act.)

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Writs: Habeas Corpus means an order from a court to free a person who had been illegally detained by the police or any other person. Writ of Certiorari means a Writ issued by a Superior Court calling up the record of a proceeding in an inferior court for review. A Writ of Quo Warranto means it is an order from the superior court to any official to show his right to the office. Mandamus is a Writ from a superior court commanding some officer or particular authority to do a specific act. In India, Mandamus will lie against both officers and the Govt. Mandamus is also available against inferior courts or other judicial bodies when they have refused to exercise their jurisdiction. The Writ of mandamus is available for the purpose of enforcement of Fundamental Rights, Compelling a court or judicial tribunal to exercise its jurisdiction when it has refused to exercise it, directing a public official or the Govt. not to enforce a Law, which is unconstitutional. Dr. B.R.Ambedkar said in the Constituent Assembly that the Directive Principles are like a check on a bank payable at the convenience of the bank. Part V of the Constitution deals with the Union Executive, Legislature and Judicial. Article 52 to 78 is concerned with the Union Executive

Article 52: There shall be a President of India. Article 53: Executive power of the union: all the officers of the union shall be the subordinates of the President. The President exercises the following as his Administrative Powers: The appointment of the Prime Minister of India. On the advise of the P.M., the appointment of other Ministers of the Union. Appointment of the Controller and Auditor General of India. Appointment of judges to the Supreme Court and judges to High Court of the States. Appointment of a Governor of the state. Appointment of the Attorney General of India and Solicitor General of India. Appointment of a Commission to investigate interference with water supply. Appointment of the Finance Commission. Establishment of the UPSC and Joint Commissioner of a Group of States. The appointment of Chief Election Commissioner and other Members of the Election Commission. Appointment of a special officer for STs and SCs. Appointment of a commission to report on the administration of the scheduled areas. Appointment of a commission to investigate the conditions of the Backward Classes. Appointment of a commission on official language. Appointment of a special officer for linguistic minorities. A-240: The President has special power relating to Union Territories. A-280: The President appoints Finance Commission.

Legislative Powers of the President: A-85: The President has the power to summon and prorogue the Parliament

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A-86 (1): The President may address either Houses of Parliament or both Houses assembled together and for that purpose require the attendance of members. A-86 (2): The Right to send messages: The President has also the right to send messages to either of the Houses of Parliament on any pending matter or on a bill before the Parliament which must be considered by it. A-87: The President begins the first session of Parliament after general elections and at the commencement of the first session of each year, special address by the President. Nominating Members to the Houses: A-80: the President of India nominated twelve members to the Rajya Sabha. A-331: The President can also nominate two members of the Anglo-Indian Community to the Lok Sabha. Laying Report etc. before Parliament: The President is responsible to cause to be laid before Parliament, the following Statements and Reports: 1. Annual Financial Statements (Budget) and the Supplementary Statements, 2. The Report of the Auditor General relating to the Accounts of the Govt. and the Recommendations made by the Finance Commission. 3. The Report of the Union Public Service Commission. 4. The Report of the Special Officer for Linguistic Minorities 5. The Report of the Special Officer for SCs and STs. 6. The Report of the Commission of the Backward Classes. Previous sanction to Legislation: Previous sanction of the President is necessary for introducing certain Bills: They are: 1. A-117 (1): A Money Bill. 2. A-117 (3): A Bill, which would involve expenditure from Consolidate Fund of India. 3. A-3: A Bill for the formation of New States or the alteration of boundaries of existing States. 4. Any Bill relating to a particular language. 5. A-274 (1): Any Bill affecting Taxation of the States. Assent to and Veto over Union Legislation: No Bill passed by the Parliament can become an Act without the Presidents Assent. When a Bill is passed by the Parliament there are three choices before the President to decide what he should do: according to A111 1.He can give assent in which it becomes an Act or 2. He may withhold his assent to the Bill or 3.He may return the Bill, provided it is not a Money Bill, for the reconsideration of the Parliament. In the last mentioned case, that is if the Bill is passed again by both the Houses with or without amendments and sent to the President for his approval, the President is bound to give his assent to it. The Presidents power to withhold his assent is known as the Power to Veto. The Presidents exercises his Veto Power on Ordinary Bills. Ordinance making power: A-123: When the Parliament is not in session; the President has the power to issue Ordinances. Disallowance of State Legislation: A-201: the President has the power to return, disallow or withhold a Bill passed by the State Legislature, if the Governor of the State has reserved it for his consideration. Judicial Powers of the President: A-12: He can order general amnesty on important occasions. A-72: The President has the power to grant pardons and reprieves, suspension, remission or commutation of punishment or sentence by a Court Marshal. A-143: Securing the opinion of the Supreme Court on questions of public important involving question of Law as well as Fact by the President. Emergency powers of the President: Part XVIII of the Indian Constitution deals with the Emergency Powers of the President.

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A-352: Proclamation of Emergency: Emergency caused by (a) War of external aggression, (b) Armed rebellion, if either of the situations threatens the security of India or any part of India. A-353: Affect of Proclamation of Emergency: The executive power of the Union shall extend to the giving of directions to any State as to manner in which the executive power thereof is to be exercised. A-354: Application of provisions relating to distribution of revenues while a proclamation of Emergency is in operation. A-355: Duty of the Union to protect the States against external aggression and internal disturbance. It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the Govt. of every State is carried on in accordance with the provisions of this constitution. A-356: Provision in case of failure of Constitutional Machinery in States: (1) If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation: 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 any body or authority in the State other than the Legislature of the State. Declare that the powers of the Legislature of the State shall be exercised by or under the authority of Parliament. Make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State. Provided that nothing in this clause shall authorize the President to assume to himself any of the powers vested in or exercisable by a High Court or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts. (2) Any such Proclamation may be revoked or varied by a subsequent Proclamation. (3) Every Proclamation under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation cease to operate at the expiration of two months unless before the expiration of that period unless it has been approved by resolutions of both Houses of Parliament. Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People. (4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of issue of the Proclamation: Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which under this clause it would otherwise have ceased to operate, but no such Proclamation shall in any case remain in force for more than three years: Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People. Provided also that in the case of the Proclamation issued under clause (1) on the 11 th day of May, 1987 with respect to the State of Punjab the reference in the first proviso to this clause to three years shall be construed as a reference to Five years.

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A-357: Exercise of the Legislative Powers under proclamation issued under article 356. A-358: Suspension of provisions of article 19 during emergencies. A-359: Suspension of enforcement of rights conferred by part III during emergencies. A-360: Provisions as to financial emergency. A-361: Protection of President and Governors and Raj Pramukh: The President or the Governor or Raj Pramukh of a State shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties. Vice President of India: ( Article 63 to 71 )

A-63: There shall be a Vice President of India. A-64: The Vice President of India is the ex-officio chairman of the Raj Sabha A-65: If the office of the President becomes vacant by reason of his death, resignation, and removal or otherwise, the Vice President acts as President until a new President is elected. When the Vice President is appointed as the acting President of India, then he ceases to the Chairman of the Rajya Sabha and enjoys powers and immunities of the President and he is entitled to such emoluments, allowances and privileges as the President has. A-66: Elections of the Vice President: The elected members of the both Houses of Parliament participate as Voters in the election of the Vice President. A-67: Term of office of the Vice President: He shall hold office for a term of 5 years. A-68: Time of holding election to fill vacancy in the office of the Vice President and the term of office of the person elected to fill casual vacancy. A-69: Oath or Affirmation by the Vice President. A-70: Discharge of the Presidents functions in other contingencies. A-71: Matters relating to, or connected with, the election of a President or Vice President.

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Council of Ministers: A-74 (1): Provides for a council of ministers headed by the Prime Minster to aid and advice the President. The question whether any, and if what, advice was tended by the Ministers to the President cannot be inquired into by any court. A-361 (1): Provides that the President shall not be answerable to any court for the exercise and performance of power and duties of his office. A-75: The Council of Ministers shall hold office during the pleasure of the President. The Constitution 44th Amendment Act 1978, has institutionalized the term cabinet by recognizing it and distinguishing it from other ministers who are members of the Council of Ministers. The newly inserted clause (3) in Article 352 provides that the President shall not issue a Proclamation of Emergency or a Proclamation varying it unless the decision of the Union Cabinet (that is to say, the council consisting of the Prime Minister and other Ministers of Cabinet rank appointed under article 75) is communicated to him in writing. A-76: Attorney General for India. The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney General for India. In the performance of his duties, the Attorney General shall have right of audience in all Courts in the territory of India. The Attorney General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine. The Attorney General participates in the debates of the Parliament but without right to vote. Union Parliament:

A79: A80: A330: A331:

The Parliament consist of the President and the two houses namely Rajya Sabha and Lok Sabha. Composition of the Council of States. Reservation of seats for Schedule Castes and Schedule Tribes in the House of the people. Representation of the Anglo Indian Community in the Loksabha.

Powers to be jointly exercised by Lok Sabha with Rajya Sabha. The Parliament can pass Laws on the following subjects: The Union List (97 subjects) The Concurrent List (52 subjects) Residuary Powers. It also participates in making laws on matters mentioned in the State List if: The Raja Sabha by passing a resolution by 2/3 majority of the members present and voting declares that in the national interest, parliament should make a law on a particular matter mentioned in the state list. (A249) b) The Resolutions are passed by all the House of Legislatures of two or more states that parliament should make a law on a particular matter mentioned in the State list on their behalf. (A252 (1)). c) Proclamation of failure of constitutional machinery has been issued under A356. d) Proclamation of Emergency under A352 has been issued (A250 (1)) V. It also participates in making any law on any matter including matters mentioned in the State List for implementing an international treaty, agreement or conventions or decisions made at international conferences and associations (A253). VI. In addition to the above mentioned matters it also participates in making laws on matters such as: a. Admission or formation of new states (A2 and A3) i. ii. iii. iv. a)

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b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. r.

Imposition of reasonable restrictions on fundamental rights making special provisions for certain categories of people A15 (4), 16(4), 22(7), 31(c ), 33, 34 and 35. Implementation of Directive Principles of State Policy. Emoluments and allowances of President etc. Readjustments of seats in the House of people, Legislative Assembly and other related issues. Approval and disapproval of ordinances. Issues related to Supreme Court and High Courts. Inter-State disputes and regulation of inter-state trade and commerce. Issues related to contingency fund. Finance Commission. Imposition of a tax on the union property etc. Fixation of limits of the territorial waters, continental shelf etc. Creation of new all India Services. The UPSC and Joint Public Service Commission. Matters related to elections to the legislatures. Defining privileges and immunities of MPs. Preparation of List of Scheduled Tribes. Regulation of procedure in relation to financial bruisers.

B) Joint sitting: On the matters mentioned above laws are made by Lok Sabha and Rajya Sabha jointly. These bills can originate in either of the House after a Bill has been passed by one House and transmitted to the other House if: a) The bill is rejected by the other House or b) The House have finally agreed as to the amendments made in the Bill or c) More than six months lapse from the date of the reception of the Bill by the other House without the Bill being passed by it. The President may, unless the Bill has lapsed because of the dissolution of the House of the people, summon a joint sitting (A108) for its deliberation, which will be presided over by the people. C) Power to be exclusively exercised by the House of the people: i. Election of speaker and removal thereof ii. Control over the Council of Ministers iii. Control over the Purse: Money Bills can be in the Lok Sabha. (A109). And the Rajya Sabha can delay it at the most for 14 days. (A109(5)). Thus, on Money Bills Lok Sabha has a complete control. iv. Declaring a seat in the House vacant. v. Disapproval of Emergency, proclamation. vi. Expulsion of the members from the House and cancellation thereof. vii. Power of sending to jail, Lok Sabha also has the power of sending a person to jail if he/she violates its privileges. viii. Make Rules for conducting business. D) Power, which can be exercised with the concurrence of Rajya Sabha: i. Impeachment of the President (A61), removal of the Judges of the Supreme Court (A). 174 (4)) and High Court (A217 (1)(b), Chief Election Commissioner and Comptroller and Auditor General. ii. Approval of Emergency. iii. The Vice President can be removed if Rajyasabha passes a resolution by a majority of all the members and if the house of the people agrees with it (A67) and iv. The amendment of the Constitution under A 368. E) Electoral Powers: In addition to the powers mentioned above Loksabha also participates in the election of the President because their Electoral College includes Loksabha.

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F) Special powers enjoyed by the Rajyasabha:The Rajyasabha has been assigned certain special powers, which the other House (i.e., the Lok Sabha) does not possess, and this certainly adds to the prestige of the council: i. A249: Rajya Sabha may pass a resolution by its 2/3 majority to shift item of the State List to the Concurrent List or to the Union List on the plea that it is so expedient in the national interest. Such a Resolution can remain in force for a period of one year but the Rajya Sabha may renew its sanction again and again. If such a Resolution is passed, it shall be competent for the parliament to make a law on that item of the State List even during normal times. ii.A312: The Rajya Sabha is empowered to create one or more All India Service(s) if it adopts a resolution by its 2/3 majority saying that is expedient in the national interest. iii. It is the Rajya Sabha alone that can apply a democratic check on the exercise of the Emergency powers of the President in case the Lok Sabha stands dissolved. iv. The Rajya Sabha can alone initiate the proposal for removing the Vice President of India. Speaker of the Lok Sabha: He certifies the money bills. He presides the joint session of the Indian Parliament. He exercises his casting vote in case if there is a tie on a bill in the Lok Sabha. The 1st Joint Session of the Indian Parliament is presided in 1961 to pass the Anti Dowry Bill. The Congress Party was in majority in both Houses of the Parliament. It was presided over by the M Anantasayanam Iyengar. The 2nd Joint Session of the Indian Parliament is presided in 1978 to pass the Banking Service Commission (Abolition) Bill. The Janata Party was in majority in the Lok Sabha while Congress was in majority in the Rajya Sabha. It was presided over by the K S Hegde. It was adopted with the voice vote. The 3rd Joint Session of the Indian Parliament is presided in 2002 to pass the Prevention of Terrorist Act. The National Democratic Alliance was in majority in the Lok Sabha while Congress Party was in majority in the Rajya Sabha. It was presided over by the Deputy Speaker PM Sayeed. The bill was adopted with 129 votes majority. Atal Behari Vajpayee is the only Parliamentarian, who participated in all the three joint sessions of the Indian Parliament.

Question Hour: The question hour of the parliament is fixed everyday from 11.00 1200 hrs i.e. first one hour, during the Question hour the members of the parliament ask questions to the government. In the question hour three types of questions are asked. They are: 1. Starred Questions: are those questions which are asked when the member of the House who is questioning desires an oral answer. In case the answer is not satisfactory to the person who asked, then the member free to ask supplementary question. 2. Unstarred Questions: are the questions whose answers are given in writing form. Supplementary questions are not allowed. 3. Short notice questions: to ask question in the parliament a notice for not less than 10 days is to be given. However in case of urgency when a member cannot wait for 10 days. Short notice questions are allowed, which can be asked before 10 days. Right after the starred Questions, the short notice questions are taken up. 4. Half-an-Hour Discussion: Half-an-Hour discussion on matters arising out of questions already answered in the house can be held in the lok Sabha during the last half-an-hour of the sitting. The subject matter of such a discussion should be sufficient public importance. Which has been the subject of a recent question (starred, unstarred or short notice) and answer to which needs elucidation on the matter of fact?

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5. Zero Hour: the time immediately following the Question hour in both houses has come to be popularly
known as Zero Hour. It starts at 12 noon and continued for one full hour. The practice of Zero hour started sometime in 1960s when a practice of rising matters of urgent public importance without any prior notice developed. 6. Rising Matters in Parliament: the parliament availed several additional procedural devices to its members for rising urgent matter of public importance requiring immediate attention of the government. These are. 1. Adjournment motion 2. Call attention motion 3. Short duration discussion 4. Mention under Rule 377 7. Adjournment Motion: adjournment motion s a procedure by which mater of urgent public importance can be brought before the house by interrupting the regular business, if the speaker agrees to do so. The basis object of bringing an adjournment motion is to draw the attention of the house to a recent matter of urgent public importance having serious consequences, and in regard to which moving a motion of resolution with proper notice will be too late. The matter proposed to be raised should be of such a character that something very grave, affecting the people and their security has happened and the house is required to pay its attention immediately by interrupting the normal business of the house. 8. Call attention Notices: the procedure of bringing an adjournment motion, which was in the nature of the censure motion against the government, was restricted in its scope. It was, therefore, considered that some procedure might be devised whereby members might have an opportunity or bringing urgent matter to the attention of the government. 9. Motions & Resolutions in Parliament Motions The House takes a number of decisions and expresses its opinion on various matters of public importance. Being an assembly of a large number of people, ascertaining opinion of the House is a difficult task. In order to facilitate this, a member may put a motion in the form of a proposal containing his opinion or tie will before the House and, V if the House adopts it, it becomes the opinion or the will of the House as a whole 1. No-confidence Motion: Council of Ministers remains in office as long as it. Enjoys the confidence of the Lok Sabha. The movement it expresses a lack of confidence in the Council of Ministers, the government is constitutionally bound to resign. Moving a motion to this effect, which is called a Noconfidence Motion? A no-confidence motion need. Not set out grounds, on which it is based, unlike a censure motion. Rajya Sabha is not empowered to entertain a motion of no- confidence because the government is collectively responsible under the Constitution only to the Lok Sabha.: 2. Censure Motion: A censure motion is distinct from a no-confidence motion. Whereas a motion of noconfidence need not specify. Any grounds on which it is based, a censure motion must set out the grounds on which it is based and is moved for the specific purpose of censuring the government for certain polices and actions. Censure motion can be moved against the Council of Ministers or an individual minister or a group of ministers for the failure. To act or not to act or for their policy, and may express regret, indignation or surprise of the House at the failure of the minister or ministers. No leave of the House is required to move a censure motion. It is in the discretion of the government to find time and to fix a date for its discussion. . Resolutions A resolution is also one of the procedural means available to the members and the ministers to raise a discussion in the House on a matter of general public interest A resolution to be moved in the Lok Sabha may be in the form of a declaration of opinion or a recommendation, or may be in the form so as to record either approval or disapproval by the House of an act or policy of the government or convey a message or commend urge or request an action, or call attention to a matter or situation for consideration by the government Budgetary Process in Parliament Constitution provides that no tax shall be levied or collected except by authority of Parliament (Art.265). Therefore, the President causes the Annual Financial Statement or Budget to be laid before both Houses of Parliament in every financial year (Art.112). Budget in India contains two things -

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estimated receipts and expenditure for one financial year starting from 1st April of this year to 31st March of next year. The expenditures are embodied in the Budget are of two types: (1) Expenditure charged on the Consolidated Fund of India (2) Expenditures proposed to be made from the Consolidated Fund of India: Expenditure charged on Consolidated Fund of India These expenditures are discussed in both the Houses of Parliament but are not submitte4 to vote of either House. They constitute the non-votable part of the Budget. These expenditures include:(i) Elements and allowances of the President; (ii) Salaries and allowances of the Chairman, Deputy Chairman of the Rajya Sabha and the. Speaker and the Deputy Speaker of the Lok Sabha; (iii) Salary and other allowances payable to the judges of the Supreme Court and High Courts; 2. Expenditures proposed to be made from the Consolidated Fund of India These expenditures are presented in the form of Demands for Grants to the Lok Sabha and are voted by this House. Lok Sabha has the right to assent or to refuse any such demand or reduce the demand specified therein. No such demand shall be made except on the recommendation of the President. Stages of Budget 1. Budget Presentation: The Budget in our Parliament is presented, in two parts: - Railway Budget and the General Budget. I. Railway Budget is presented by the Railway Minister separately before the General Budget. 2. General Budget is presented by the Finance Minister on the last working day of February. It is presented with the budget speech by the Minister. (i) First part of the speech contains General economic Survey of the last financial year; (ii) Second part contains taxation proposals for the ensuring financial year. With this speech Finance Minister introduce the Budget in the Lok Sabha. 2. Discussion on Budget: (i) General Discussion: During general discussion members deal with only the general aspects of fiscal and economic policy of the government. Rajya Sabha has no business with the Budget beyond the general discussion. Voting on demands is the exclusive preserve of the Lok Sabha. (ii) Discussion on Demand for Grants: Separate demands. Are made for the grants proposed for each ministry. Demands are related to the expenditure part of the Budget. During the discussion on demands policy and the working of the ministry comes in for dose scrutiny. Time is allotted to each ministry for discussing demands relating to that particular ministry. It is open to members to disapprove a policy pursued by the ministry or to suggest measures for economy in the administration or to focus attention of the ministry to specific local grievances. The members can do so by moving a subsidiary motion called Cut Motions There are three types of Cut Motions (a) Policy Cut - It says that the amount of demand be reduced to Rs. 1. It implies the disapproval of the policy underlying the demand. (b) Economy Cut - It says that the amount of demand be reduced by Rs (a specified sum).. It seek to reduce the demand by a specific sum with a view to effect economy in the expenditure. (c) Token Cut - It says that the amount of demand be reduced by Rs. 100. It seeks to voice a particular grievance for which the Government of India is responsible Main motion for demand and the Cut Motion relating to it are put and discussed together in the House. After discussion, first the cut motions are disposed of and there after the demands for grants are put to vote of the House. Cut Motions are generally moved by members from the opposition and if carried, amount to a vote of censure against the government in such an event the government has to consider whether it should continue in office. The Business Advisory Committee fixes a time limit for voting a particular demand and for all the demands for grants included in the Budget. As soon as the time limit for a demand is over, Closure is applied and the demand is put to vote. Likewise, on the last day allotted for all the demands, demands not disposed of so far, are put to

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vote whether they have been discussed or not this process is known as Guillotine. With this, the discussion on demands for grants is concluded. (iii) Scrutiny by Departmentally Related Standing Committees: Generally, Lok Sabha discussed the demands for grants of only a few ministries on the floor of House before the Guillotine was applied. Demands for grants of all other ministries and departments were voted without any parliamentary scrutiny debate. Therefore, 17 departmentally related standing Committees were set up to consider the demands for grants of the concerned ministries and departments, and report to the House before voting on the demands. 2. Passing of Appropriation Bill: A Bill incorporating the demands for grants voted by the Lok Sabha, along with the expenditures charged on the Consolidated Fund is introduced in the Lok Sabha. The Bill known as the Appropriation Bill. It intends to give legal authority to the government to appropriate expenditure from and out of the Consolidated Fund of India. Appropriation Bill is considered and passed by simple majority. After the Bill is passed by the Lok Sabha, the Speaker certifies it as a Money Bill and transmits it to the Rajya Sabha. The latter House has no power to amend or reject the Bill, but has to give its concurrence. The Bill, thereafter, is presented to the President for his assent. 3. Passing of Financial Bill: All the financial proposals of the government for the following year are incorporated in a Bill known as the Finance Bill It is ordinarily introduced in the Lok Sabha. It gives effect to the financial proposals of the government as also to supplementary financial proposals for any period. Legislative Procedure in Parliament In the Parliament all legislative proposals are initiated in the form of Bills. Basically, a Bill is the draft of legislative proposals. All Bills can be classified into 1 Ordinary Bills 2 Money Bills 3 Constitution Amendment Bills Ordinary Bills A Bill, which is not Constitution Amendment Bills and Money Bills, is Ordinary a Bill to become an act an ordinary bill has to undergo three readings in each House They are:1. First Reading: When a Bill is introduced in the Parliament it is known as the first reading. After. A Bill has been introduced it is published in the Gazette of India. 2. Second Reading: The second reading consists of two steps called as the First Stage and the Second Stage. (i) First Stage it involves the general discussion on the Bill as a whole. At this stage only the principle underlying the Bill is discussed and not the details of the Bill. After discussion on the, Bill the House can: a. Take the Bill into consideration b. Refer the Bill to a Select Committee of the House c. Refer the Bill to the joint Committee of the two Houses d. Refer the Bill to Departmentally. Related joint Stand- lag Committees of the two Houses e. Refer the Bill to circulate to elicit opinion (ii) Second Stage: After the motion that the Bill be taken into consideration has been adopted, the Bill is taken up for consideration clause by clause. Each clause is placed before the House separately for discussion. Immediately after a clause is placed before the House, amendments can be moved subject to the conditions of admissibility each amendment is also to be discussed, adopted or rejected by the House. Amendments, if accepted, become a part of the Bill. 2. Third Reading: When all the clauses and schedules, of the Bill have been considered and voted upon by the House, the Minister can move that the Bill be passed. In passing an ordinary Bill, a simple majority of members present and voting is -required. Bill in Other House of Parliament

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After the Bill, has been passed by the originating House it is transmitted to the other House. Here, again, it goes through all the three stages The House which receives the Bill can take either of the following courses. (a) It may reject the Bill altogether giving rise to deadlock between the two Houses (b) It may- pass the Bill as it is or with amendments. If it passes the Bill as transmitted by the originating. House it goes to the President for his assent -It is passed with amendments, the Bill is returned to the first House. If the House agrees to the amendment proposed by the other House, the Bill is deemed to have been passed, as amended, by both the Houses. If the House does not agree to the amendments proposed by the other House, the Bill is sent again to the latter to get it concurrence. If this House continues to insist on its amendments, the result is a deadlock. (c) It may take no action, on the Bill, i.e. keep it lying, if more than six months elapse from the date it receives the Bill, a deadlock is deemed to have taken place Joint Sitting of Two Houses -A Joint Sitting of the Parliament takes place -when there is a deadlock between the two Houses of the Parliament on a Bill. The President calls the joint sitting of the Parliament for the purpose of deliberation and voting on the Bill. The joint sitting of the Parliament is presided over by the Speaker or in his absence by the Deputy Speaker of the Lok Sabha. At the joint-sitting, only such amendments can be proposed which become necessary due to the delay in the passage of the Bill. Assent to Bills When a Bill has been passed by both the Houses, is presented to the President for his assent. If the President withholds his assent, there is an end to the Bill. If the President gives his assent, the Bill becomes an Act from the date of his assent. Instead of refusing or giving his assent he may return the Bill with a message for reconsideration by the two Houses. If, however, the Houses pass the Bill a second time, with or without amendments, and the Bill is presented again to the President for his assent, he shall have no power to withhold his assent to the Bill. Money Bills The Constitution provides an elaborate definition of a Money Bill in Art. 110. Bill is deemed to be a Money Bill if it contains only provisions dealing with all or any of the matters relating to: (a) The imposition, abolition, remission, alteration of any tax. (b) The regulation or borrowing of money by the government; (c) The payment of money into or withdrawal of money from the Consolidated or the Contingency funds of India, (d) Declaring a new item to be expenditure charged on the Consolidated Fund; If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker will be final. Procedure of Money Bill in Parliament A Money Bill can be introduced in the Lok Sabha only on the prior recommendation of the President. Like Ordinary Bills, Money Bills also pass through all the three stages - first, second and third reading and passed by a simple majority Of the House. After a Money Bill has been passed by the Lok Sabha, it is passed on the Rajya Sabha for its recommendations with a certificate by the Speaker that it is a Money Bill. Rajya Sabha cannot reject a Money Bill nor can it amend it. It must, return the Bill to the Lok Sabha with its recommendations within a period of 14 days from the date of receipt of the Bill. Lok Sabha may thereupon either accept or reject the recommendations of the Rajya Sabha. If the Lok Sabha accepts any of the recommendations of the Rajya Sabha, the Money Bill shall be deemed to have been passed by both the Houses. Even if the Lok Sabha does not accept the recommendations of the Rajya Sabha, the Bill shall be deemed to have been passed by both the Houses. If a Money Bill passed and transmitted to the Rajya Sabha for its recommendation is not returned to the Lok Sabha within the said period of 14 days, it shall be deemed to have been passed by both the Houses at the expiration of 14 -Financial Bills.

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A Financial Bill may be any Bill, which relates to revenue or expenditure. Constitution distinguishes Money Bills from the Financial Bills. All Financial Bills are not Money Bills. Only those Financial Bills may be Money Bills which contain solely the matters specified under Art. 110 and which are, certified by the Speaker to be Money Bills. Financial Bills, besides providing for any of the matters specified in the Constitution for a Money Bill, also provide for other matters Financial Bills are of two categories Category A and Category B. Category A: Those Bills which make provisions for any of the matters specified in Art. 110 for the Money Bill but do not contain solely those matters, e.g. a Bill which contains a taxation clause but does not deal solely with taxation. . Category B: Bill containing provisions involving expenditure from, the Consolidated Fund of India and also does not include any matter specified in Art. 110, 1. A Financial Bill of Category A has two features in common with a Money Bill, (a) That it cannot be introduced in the Rajya Sabha (b) That it cannot be introduced except on the prior recommendation of the President. Not being a Money Bill, then Rajya Sabha is fully empowered to reject or amend it as it does in the case of any ordinary Bill. In case of a disagreement between the two. Houses, the provision of joint-sitting is resorted to for resolving the deadlock. Procedure for Category B Financial Bill 2. Financial Bill of Category B is treated as an ordinarily Bill hence can be introduced in .either House of Parliament. Rajya Sabha had full power either to reject or amend it. It does not require the recommendation of the President for its introduction. Presidents recommendation is not a condition precedent to its introduction but in this case -unless such recommendation has been received, neither House can pass the Bill. Procedure for Category A Financial Bill: 1. A Financial Bill of Category A has two features in common with a Money Bill, (a) That it cannot be introduced in the Rajya Sabha (b) That it cannot be introduced except on the prior recommendation of the President. Not being a Money Bill, then Rajya Sabha is fully empowered to reject or amend it as it does in the case of any ordinary Bill. In case of a disagreement between the two. Houses, the provision of joint-sitting is resorted to for resolving the deadlock. Procedure for Category B Financial Bill 2. Financial Bill of Category B is treated as an ordinarily Bill hence can be introduced in either House of Parliament. Rajya Sabha had full power either to reject or amend it. It does not require the recommendation of the President for its introduction. Presidents recommendation is not a condition precedent to its introduction but in this case -unless such recommendation has been received, neither House can pass the Bill. PARLIAMENTARY COMMITTEES Parliamentary Committees are of two kinds Committees and ad hoc Committees. The latter are elected or appointed every year or periodically their work goes on, more or less, on a continuous. The latter are appointed on an ad hoc. Basis as need and they cease to exist as soon as they complete the assigned to them. Standing committees can be categorized as follows:1. Financial Committees (I) Estimate Committee (ii) Public Accounts Committee (iii) Committee on Public Undertakings 2. Departmentally related Standing Joint Committees of the two Houses 3. House Committees (I) Committee on Absence of Members from the Sittings of the House (ii) Business Advisory Committee (iii) Committee on Private Members Bills and Resolutions (iv) Rules Committee 4. Enquiry Committees

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(i) Committee on Petitions (ii) Committee of Privileges 5. Scrutiny Committees (i) Committee on government assurances (ii) Committee on Subordinate Legislation (iii) Committee on Papers Laid on the table (iv) Committee on the welfare of SCs and STs 6. Service Committees And Allowances of the (i) General Purpose Committee (ii) House Committee (iii) Library Committee. (iv) Joint Committee on Salaries Members of Parliament Financial Committees Among the Standing Committees the three Financial Committees- Committees on Estimates, Public Accounts and Public Undertakings constitute a distinct group as they keep an unremitting vigil over government expenditure and performance. While members of the Rajya Sabha are associated with Committees on Public Accounts and Public Undertakings, the members of the Committee on Estimates re drawn entirely from the Lok Sabha. 1. Public Account Committee: The Committee on Public Accounts (PAC) is the oldest financial committee. Public Account Committee is constituted every year. It consists of not more than 22 members comprising 15 from Lok Sabha and 7 from Rajya Sabha. Members are elected by the principle of proportional representation by means of single transferable vote. The term of office of. Members of the Committee does not exceed one year at a time. A Minister is not elected, as member of the Committee. , The Chairman of the Committee is appointed by the Speaker from amongst the members of the Committee from Lok Sabha. As a matter of practice since 1967, a member of Opposition is being appointed as the Chairman. PAC scrutinizes the accounts of the Government of India and reports of Comptroller and Auditor General. It examines accounts showing the appropriation of sums granted by Parliament for the expenditure of the Government of India, the annual finance accounts of the Government and such other accounts laid before the House as the Committee may think fit. If any money has been spent by the Government on a service in excess of the amount granted by the House for the purpose, the Committee- examines with reference to the facts of each case, the circumstances leading to such an excess and makes such recommendations as it may deem fit. Such excesses are thereafter required to be brought up before the House by Government for regularization in the manner envisaged in Article 115 of the Constitution. 2. Estimate Committee: The Estimates Committee (EC) consists of 30 Members, elected every year by the Lok Sabha from amongst its Members. The - Chairman of the Committee is appointed by the Speaker from amongst its members. A Minister cannot be elected as a member of the Committee and if a member after his election to the Committee is appointed a Minister, he ceases to be a member of the Committee from the date of such appointment. The primary functions of Estimate Committee are: (a) To report what economies, improvements in organization. Efficiency or administrative reform, consistent with the policy underlying the estimates may be affected; (b) To suggest alternative policies in order to bring about efficiency and economy in administration; (c) To examine whether the money is well laid out within the limits of the policy implied in the estimates; and (d) To. Suggest the form in which the estimates shall be presented to Parliament. 3. Committee on Public Undertaking: Committee on Public Undertaking consists of 10 elected members Lok Sabha and 5 nominated members of the Rajya Sabha. The major function of the committee is examine the reports and accounts of public undertakings and suggests economic improvement in organization and financial management, etc. A few public sector undertakings are picked every year for the purpose of scrutiny.

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Short duration discussion: short duration discussion is another device available to the private member to bring to the notice of the house matters of urgent public importance before the year 1953. There was no provision for such discussions. A conversion was established in 1953 whereby members could raise discussion on such matters for short duration. A short duration discussion should raise a matter which is primarily the concern of the union government and involves an element of urgency. Only one matter can be raised in a notice. Raising matters under Rule 377 (Lock Sabha) & Under special mention (Rajya Sabha): immediately after the question hour, several members are on their feet to raises such maters creating disorder in the house. Thus, preceding officers wanted to devise some method to enable members to raise issues, which are not the subject matter of a recent question, adjournment motions, calling attention notices, etc. therefore, the practice of raising matters under Rule 377 in the Lok Sabha and Special Mention in Rajya Sabha was started in May 1966. Matters which cannot be raised under the rules relating to questions, short notice questions, calling attention notices are raised under Rule 377 or Special Mention. While raising the matter members are not permitted to deviate from the text as approved by the speaker. Normally, the minister concerned does not make statements after a matter has been raised, however, he can do so if he desires. The minister concerned writes to the member directly with regard to matters raised under Rule 377 or , Special Mention informing him to the government views and the action taken in the matter. Judiciary: he Regulating Act of India 1773 first established the Supreme Court at Calcutta with Original and Appellate Jurisdiction. The Govt. of India Act 1935 established the Supreme Court at Delhi with 5 judges and one Chief Justice. It came into operation from 1937. A124: Establishment of Supreme Court of India. It came into existence on 26 th January 1950. The no. of judges including the Chief Justice was raised to 26. The judges of the Supreme Court held office until he attained the age of 65 years or 6 years whichever be the earliest he retires. The minimum no. of judges who were to sit for the purpose of deciding any case i.e., quorum is five. A125: Salaries etc. of the Judges. An Act of Parliament can change the salaries and allowances. A126: Appointment of acting Chief Justice. A127: Appointment of ad hoc judges. A128: Attendance of retired judges at sittings of the Supreme Court. A129: Supreme Court to be a Court of Record. A130: Seat of Supreme Court. The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint. A131: Original Jurisdiction of the Supreme Court. The original jurisdiction of the Supreme Court is of two types namely Exclusive and Concurrent. (a) Exclusive Original Jurisdiction: The Court has Original Exclusive Jurisdiction in cases, which cannot be heard by any other court. The Supreme Court has an Exclusive Jurisdiction in any dispute: 1. Between Govt. of India and one or more States, or (b) Concurrent Original Jurisdiction: The Supreme Court has a Concurrent Original Jurisdiction along with the High Court for the enforcement of Fundamental Rights. The Supreme Court under A32 and High Court under A226 can issue writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo Warranto or Certiorari for the enforcement of Fundamental Rights of the citizens are violated. They have the option of filing a writ either in the High Court or in the Supreme Court. A132: Appellate Jurisdiction : Constitutional Cases: If the High Court certifies under A134 (a) that the case involves a substantial question of law as to the interpretation of the constitution, or if the High Court does not give such a certificate, the Supreme Court also may in its discretion grant Special Leave to appeal (A136). A133: Civil Cases. A134: Criminal Cases. A135: Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court. A136: Special Leave to appeal by the Supreme Court.. A139: Conferment on the Supreme Court of powers to issue certain writs.

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A139 (A): Transfer of certain cases. A140: Ancillary powers of the Supreme Court. A141: Law declared by Supreme Court to be binding on all courts. A142 (2): The Supreme Court acts as the Court of Punishment. A143: Advisory Jurisdiction of the Supreme Court. Power of President to consult the Supreme Court. A146: Officers and Servants and the expenses of the Supreme Court. A148: Comptroller and Auditor General of India: There shall be a C and AG of India who shall be appointed by the President and holds the same position as Judge of the Supreme Court. The C and AG draw his salary from the Consolidated Fund of India, as determined by Parliament by Law and, until they are so determined, shall be as specified in the Second Schedule. The Comptroller and Auditor General shall not be eligible for further office either under the Govt. of India or under the Govt. of any State after he has ceased to hold his office.

Part VI: The States: The Executive: The Governor: A153: There shall be a Governor for each State. A154: The Executive Power of the State shall be vested in the hands of the Governor. A155: Appointment of Governor: The President shall appoint The Governor of a State. A156: Term of office of Governor: The Governor shall hold office during the pleasure of the President. A157: Qualifications for appointment as Governor: No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of 35 years. A158: Conditions of Governors office: The Governor shall not be a member of either House of Parliament or of a House of Legislature of any State specified in the first schedule. The Governor shall not hold any office of profit. A159: Oath or Affirmation by the Governor. A161: Power of Governor to grant pardons etc. and to suspend, remit or commute sentences in certain cases. A162: Extent of Executive power of a State. A163: Council of Ministers to aid and advice the Governor. A164 (1): The Governor shall appoint the Chief Minister and the Governor on the advice of the Chief Minister shall appoint other Ministers, and the Ministers shall hold office during the pleasure of the Governor. A164 (2): The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State. A164 (3): Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule. A164 (4): A Minister who for any period of six consecutive months is not a Member of Legislature of the State shall at the expiration of that period cease to be a Minister. A164 (5): The salaries and allowances of the Ministers shall be such as the Legislature of the State may from time to time by Law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule. A165: Advocate General for the State: (1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate General for the State. A165 (2): It shall be the duty of the Advocate General to give advice to the Govt. of the State upon such legal matters and to perform such other duties of a legal character as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under the Constitution or any other Law for the time being in force. A165 (3): The Advocate General shall hold office during the pleasure of the Governor and shall receive such remuneration as the Governor may determine. A166: All the executive action of the Government shall be conducted in the name of the Governor.

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A167: The Governor shall be informed all the decisions of the Govt. by the Chief Minister. A174: The Governor shall from time to time summon the House or each House of the Legislature of the State, and prorogue, if necessary dissolve it. A175: The right of the Governor to address and send messages to House. A176: The Governor shall address a joint session of the State Legislature. A213: Power of Governor to promulgate Ordinances during recess of Legislature. A168: There shall be a State Legislature. A169: Creation and Abolition of State Legislative Council. The procedure is to pass a resolution by a special majority for the creation or abolition of the Upper House and followed by an Act of Parliament. The States having two Houses, in 1992 are Bihar, Maharashtra, Karnataka, Uttar Pradesh, and Jammu and Kashmir. The State of Andhra Pradesh in 1957 created Legislative Council, leading to an enactment of the Legislative Council Act, in 1957 by Parliament. By the same process, the Andhra Pradesh abolished its Legislative Council in 1985. A170: The State Legislative Assembly in the Lower House in the State Legislature. It consists of members of not more than 500 and less than 60. A332: Reservation of seats for SCs and STs in the Legislative Assembly. A333: Representation of the Anglo Indian Community in the Assembly. A171 (1): Composition of the State Legislative Council. The membership of the Legislative Council being not more than 1/3rd of the membership of the Legislative Assembly but not less than 40. A171 (2): Our Constitution empowered the Parliament to determine the composition of the Council. At present, 5/6th total members are indirectly elected. The members of the Legislative Assembly shall elect 1/3rd of the total members. 1/3rd by the members of the Local Bodies. 1/12th by the members of the Graduate Constituencies. 1/12th by the members of the Teachers Constituencies. The Governor nominated 1/6th members. The Legislative Council is a permanent House. But 1/3rd of the members shall retire in every 2 years. A214: There shall be a High Court for a State. A231: Establishment of a common High Court for two or more States by Parliament.A215: High Courts to be Courts of Record. A216: Constitution of High Courts. Every High Court shall consist of the Chief Justice and such other judges as the President may from time to time deem it necessary to appoint. A217: The President in consultation with the Chief Justice of India appoints judges to the High Court. A217 (1): On the ground of proved misbehavior or in capacity of any of the judges, the Parliament pass an impeachment motion with 2/3rd majority and thus President remove such judge. A219: Oath or Affirmation by Judges of High Court. A220: Restriction on practice after being a permanent judge. A221: Salaries etc. of Judges. A222: Transfer of a Judge from one Court to another. A223: Appointment of Acting Chief Justice. A224: Appointment of Additional and Acting Judges. A224 (A): Appointment of retired judges at sittings of High Courts. A225: Jurisdiction of existing High Courts. A226: Power of High Court to issue certain writs, including Habeas Corpus, Mandamus etc. are any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose. A227: Power of superintendence over all courts by the High Court. A228: Transfer of certain cases to High Court. A229: Officers and Servants and the expenses of High Courts.

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A230: Extension of jurisdiction of High Courts to Union Territories. A231: Establishment of a common High Court for two or more States. Subordinate Courts: A233: Appointment of District Judges. Part VIII: Union Territories: A239: The President shall appoint an administrator to every Union Territory. A239 (A): Parliament may create a local legislature or council of ministers or both for certain Union Territories. A241: High Courts for Union Territories. Delhi National Capital Territory Act 1991.

Under Article 239-AA and 239-AB the Union Territory of Delhi has been given a special status and it is now called The National Capital Territory of Delhi. Its administrator is designated as the Lieutenant Governor. Daman and Diu, Lakshadweep, and Pondicherry. A323A: Parliament may, by law, provide for the adjudication or trial by Administrative Tribunals. A324: Superintendence, Direction and Control of Elections to be vested in an Election Commission. The Election Commission shall consist of Chief Election Commissioner and such no. of other election commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other election commissioners shall, subject to the provisions of any law made in that behalf by Parliament is made by the President. The Contingency Fund of India was enacted in the year 1950. The Secretary in the Ministry of Finance holds the Contingency Fund of India. Under A-267 the Indian Constitution as created Contingency Fund of India. Under A-268 of the Indian Constitution a Consolidated Fund has been created.

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