Indian Polity

UPSC IAS :: Review Notes :: General Studies :: Indian Polity #1
Constitutional evolution under British rule

1. Regulating Act 1773
o beginning of British parliamentary control over the East India Company
o subordination of the presidencies of Bombay and Madras to Bengal
o Governor of Bengal made Governal-General
o council of Governor-General established
o Supreme Court established in Calcutta
2. Pitts India Act 1784
o commercial and political activities of the Company separated
o established a board of control over the Company
3. Charter Act 1813
o trade monopoly of the Company abolished
o missionaries allowed to preach in India
4. Charter Act 1833
o Governor-General of Bengal becomes Governor-General of India
o first Governor-General Lord William Bentick
o ends commercial activities of the Company
5. Charter Act 1853
o legislative and executive functions of the Governor-Generals council separated
o open competition for Indian Civil Services established
6. Indian Council Act 1861
o establishes legislative councils at the centre, presidencies and provinces
o Governor-Generals executive council to have Indians as non-official members
o restores legislative power to Bombay and Madras presidencies
o recognises portfolio system of governance
7. Indian Council Act 1892
o introduces indirect elections
o enlarges the function of legislative councils giving the power to discuss the budget and address questions to
the executive
o enlarges the size of the legislative councils
8. Government of India Act 1898
o administration taken over directly by the British crown
o office of the Governor-General replaced by the Viceroy
o first Viceroy is Lord Canning
9. Indian Council Act 1909 (Minto-Morley Reforms)
o first attempt to introduce representative and popular element to government
o changed name of Central Legislative Council to Imperial Legislative Council
o increased the non-official members in the Imperial and Provincial legislative councils
o non-official members hold majority in the provincial legislative councils, but official members hold majority in
the central
o appointed Indians to the Viceroys Executive Council and provincial executive councils
o established separate electorate for Muslims
10. Government of India Act 1909 (Montagu-Chelmsford Reforms)
o classified government subjects into central and provincial
o established dyarchy in the provinces
o provincial subjects divided into Reserved and Transferred. Reserved subjects administered by the Governor,
Transferred subjects by Indian ministers
o central legislature covered all central subjects and some provincial subjects
o all bills of the legislatures required Governor-Generals assent, while the Governor-General could enact bills
without assent from legislatures
o established the Public Service Commission
11. Government of India Act 1935
o provided for the establishment of a Federation of India consisting of the Provinces and Princely States
o dyarchy withdrawn from the provinces and established at the Centre. Introduced provincial autonomy
o introduced direct elections
o proposed the Federal Legislature to be bicameral
o administrative subjects divided into Federal, Provincial and Concurrent
o reserved subjects at the Centre to be administered by the Governor-General
o Governor-General to be assisted by a Council of Ministers
o provided for the establishment of a Federal Court with original, appellate and advisory jurisdiction. Appeals
from the Federal Court went to the Privy Council in London
o Burma and Aden separated from India
12. Indian Independence Act 1947
o sovereignty and responsibility of the British Parliament for India abolished
o Governor-General and provincial Governors become constitutional heads
o the British crown ceases to be the source of authority
The Constituent Assembly (1946 1950)
o first met on 09 Dec 1946
o consisted of 389 members. 292 were elected from the Provinces, 93 were nominated by the Princely States, and
4 were nominated from the Chief Commissioners Provinces
o Dr. Sachidananda Sinha was the first President of the Constituent Assembly
o The Preamble of the Constitution was a modification of the Objective Resolution introduced Jawarharlal Nehru
o The Assembly appointed 22 committees
o The most important of these committees was the Drafting Committee, set up in Aug 1947
o The Drafting Committee had 7 members. B.R. Ambedkar was its Chairman
o The Drafting Committee published the Draft Constitution in Feb 1948, which was adopted on 26 Nov 1949
o The Constitution came into effect on 26 Jan 1950. However, certain provisions regarding citizenship, elections,
provisional parliament and presidential election procedures came into effect earlier, on 26 Nov 1949.
o 26 Jan was chosen in significance of the informal Independence Day observed in 1930
o The term of the Constituent Assembly ended on 24 Jan 1950. However, it re-emerged as the Provisional
Parliament on 26 Jan 1950, and remained so until the first Lok Sabha elections
o The President of the Constituent Assembly, Rajendra Prasad, became the first President of India
o Gandhi and Jinnah were not members of the Constituent Assembly

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STRUCTURE OF THE CONSTITUTION
Preamble to the Constitution
o Defines the basic structure and spirit of the Constitution
o Serves as a guiding tool for the interpretation of the Constitution
o Does not bestow any rights
o The words Socialist and Secular were added to the Preamble by the 42
nd
Amendment 1976 (during the
Emergency)
Parts of the Constitution
Parts are individual chapters in the Constitution, each focused on a particular field of law. Each Part contains
articles that address the issues in question. There are 24 Parts to the Constitution.
Part
Focus
Articl
e
Deals with
I
The Union and its Territory
1
2
3
Name and territory of Union
Admission of new states
Creation of new states, alteration of existing

II
Citizenship
5
6
9
Citizenship at the commencement of the
Constitution
Citizenship of migrants from Pakistan
Persons acquiring foreign citizenship not to be
citizens

III
Fundamental Rights
12
14
15
17
23
24
26
29
Definition
Equality before law
Prohibition of discrimination
Abolition of untouchability
Prohibition of human trafficking and forced labour
Prohibition of child labour
Freedom to manage religious affairs
Protection of minority interests

IV
Directive Principles and Fundamental
Duties
40
41
42
44
45
46
49
50
Organisation of village panchayats
Right to work, education and public assistance
Humane work conditions and maternity relief
Uniform civil code
Free and compulsory education for children
Promote interests of SC/ST, other weaker sections
Protection of monuments/places of national
importance
Separation of judiciary from executive

V
The Union
52-62
63-69
74
76
80
81
84
89
93
107
108
124
125
127
President of India
Vice-President of India
Council of Ministers
Attorney-General for India
Composition of the Council of States
Composition of the House of the People
Qualification for membership to Parliament
Chairman & Deputy Chairman of the Council of
States
Speaker & Deputy Speaker of the House of the
People
Provisions for the introduction and passing of bills
Joint sitting of both houses
Establishment and constitution of the Supreme
Court
Appointment of the Chief Justice
Appointment of additional judges

VI
The States
153-
160
163
Governor of the state
Council of Ministers
Composition of the Legislative Assemblies
170
171
173
214
223
224
225
235
Composition of the Legislative Councils
Qualification for membership to state legislature
High Courts
Appointment of the Chief Justice
Appointment of additional judges
Jurisdiction of the High Courts
Control over subordinate courts

VIII
Union Territories
239
239A
239A
A
241
Administration of Union Territories
Legislatures for certain UTs (esp. Pondicherry)
Special Provisions for NCT Delhi
High Courts for UTs

IX
Panchayat and Municipalities
243A
243B
243G
Gram Sabha
Composition of Panchayats
Authority and responsibility of Panchayats

XI
Relation b/w the Union and States
244-
255
256-
261
262
263
Distribution of legislative powers
Administrative relations
Disputes relating to water
Co-ordination between states

XII
Finance
268-
281
300A
Distribution of revenue b/w Union and states
Right to property

XV
Elections
324-
329

XVII
Languages
343-
344
345-
347
348-
349
Official languages of the Union
Language of the states
Language of the Supreme Court and High Courts
Schedules of the Constitution
Schedules are lists in the Constitution that categorized by bureaucratic activity of government. They refer to
Articles and hence overlap with Parts of the Constitution.
Schedule
Focus
Sched
ule
Focus
First
States and Union Territories
Sevent
h
Union, State and Concurrent list
Second
Emoluments of higher level officials Eighth Official languages
Third
Forms of Oaths Ninth Land reform, accession of Sikkim
Fourth
Allocation of seats in the Rajya Sabha Tenth
Anti-defection provisions for MPs and
MLAs
Fifth
Administration of Scheduled Areas and
STs
Eleven
th
Rural development
Sixth
Administration of tribal areas in Assam
Twelft
h
Urban planning
MODIFYING THE CONSTITUTION
Amendments to the Constitution
o Allowed by Article 368 of the Constitution
o Amendments can happen in three ways
o Simple majority of Parliament
o Special majority of Parliament
o Special majority of Parliament and ratification by at least half of the state legislatures by a special majority
o Indian Constitution is the most frequently amended governing document in the world
o Supreme Court struck down two amendments for violation of basic structure of Constitution
o 39
th
Amendment: election of Executive beyond scrutiny of courts, 1975 (during Emergency)
o Parts of 42
nd
Amendment: reduced power of Supreme Court and High Courts to judge constitutionality of laws,
1976 (during Emergency)
o There have been a total of 94 amendments, as of 2009
Important of Amendments to the Constitution
For a full list of Amendments, see here.
Amendment
no.
Enacte
d
Objectives
1 June
o Secure validity for zamindari abolition laws
o Place restrictions on freedom of speech
1951 o Protect laws contrary to fundamental rights
o

7
Nov
1956
o Reorganize states on linguistic lines
o Introduce Union Territories
o

12
Dec
1961
o Incorporate Goa, Daman and Diu as UTs following acquisition from Portugal
o

13
Dec
1963
o Formation of Nagaland
o

14
Dec
1962
o Incorporate Pondicherry into India
o Create Legislative Assemblies for HP, Tripura, Manipur, Goa
o

22
Sep
1969
o Form autonomous states within the State of Assam
o

23
Jan
1970
o Extend reservation for SC/STs and nomination of Anglo Indians for another 10
years (up to 1980)
o

26
Dec
1971
o Abolition of privy purse paid to former rulers of princely states
o

28
Aug
1972
o Rationalize Civil Service rules
o

31
Oct
1973
o Increase size of Parliament from 525 to 545
o Increased seats go to newly formed states in NE
o

36
Apr
1975
o Incorporation of Sikkim within the Indian Union
o

45
Jan
1980
o Extend reservation for SC/STs for another 10 years (i.e. up to 1990)
o

52 Mar o Anti-defection law
1985
o

61
Mar
1989
o Lower voting age from 21 to 18
o

69
Feb
1992
o Provide for legislative assembly for NCT Delhi
o Delhi continues to be a UT
o

70
Dec
1991
o Include NCT Delhi and Pondicherry in the electoral college for Presidential
election
o

71
Aug
1992
o Include Konkani, Manipuri, Nepali as National Languages
o

79
Jan
2000
o Extend reservation for SC/STs for another 10 years (i.e. up to 2010)
o

86
Dec
2002
o Provide right to education until the age of 14
o Provide early childhood care until the age of 6
o

90
Sep
2003
o Reservation in Assam Assembly relating to Bodoland Territory Area
o

91
Jan
2004
o Restrict cabinet size to 15% of legislative members
o Strengthen anti-defection laws
o

93
Jan
2006
o Reservation for OBCs in government and private educational institutions


THE PRESIDENT OF INDIA
ELECTION OF THE PRESIDENT
Qualifications of the President
o Must be a citizen of India
o Must be 35 years or older
o Must be qualified to be a member of the Lok Sabha, but should not be a member
o Must not hold an office of profit under the Central or State or local governments
o The name of the candidate must be proposed and seconded by at least 50 electors
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Conditions of service
o Holds office for 5 years
o Is elected indirectly by an electoral college consisting of
o Elected members of both Houses of Parliament
o Elected members of State Assemblies in accordance with proportional representation
o The value of the vote of an MLA differs from state to state in order to give equality of representation
o Eligible for immediate re-election
o Resignation must be addressed to the Speaker of the Lok Sabha
o Oath of affirmation is administered by the Chief Justice of India. In the CJIs absence, the senior most available
judge of the SC administers the oath.
o The President can be impeached for violation of the constitution. Impeachment can be initiated by either
House of Parliament. Requires a 2/3
rd
majority to pass.
o If the office of the President falls vacant, the Vice President takes over. If the VP is not available, the CJI acts as
President. If he is also not available, the senior most available judge of the SC acts as President. The acting
President enjoys all powers of a regular President
o Fresh elections to the office of President must be held within 6 months of vacancy
o All election disputes are decided by the Supreme Court
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POWERS OF THE PRESIDENT
1. Administrative powers
1. All executive actions of the Union Government are carried out under the name of the President
2. Appoints senior officials like the Prime Minister, CJI, CAG, AG etc
3. Directly controls the administration of the Union Territories
2. Legislative Powers
1. Nominates 12 distinguished public figures to the Rajya Sabha and 2 Anglo-Indians to the Lok Sabha
2. Can summon and prorogue sessions of both Houses
3. Can dissolve the Lok Sabha (but not the Rajya Sabha)
4. All bills must receive the Presidents assent before they become law
5. Enjoys suspensive veto power that can be applied to non-money bills. No veto power on Constitutional
Amendment Bills
6. Can enact ordinances on Union and Concurrent List subjects. Can issue ordinances on State subjects, only if
the state is under Presidents Rule
3. Financial Powers
1. All money bills can originate in the Lok Sabha only on the recommendation of the President
2. Controls the Contingency Fund of India
3. Appoints a Finance Commission every 5 years to recommend tax distribution between the Union and states
4. Judicial Powers
1. Can pardon or reprieve the sentence of anyone punished under Union law
2. Appoints the Chief Justice and other judges of the Supreme Court and High Courts
5. Emergency Powers
1. Can proclaim emergency after getting the recommendation of the Cabinet in writing
6. Military Powers
1. Appoints the Chiefs of the Army, Navy and Air Force
2. Enjoys the power to declare war and peace
7. Diplomatic Powers
1. Appoints Ambassadors to foreign countries and receives their diplomats
2. All international treaties are concluded on behalf of the President. However, these are subject to ratification
by Parliament
8. Presidents Rule
1. Can declare Presidents Rule either on the advice of the Governor or on self discretion
2. Such a proclamation must be laid down before Parliament within two months
3. Cannot remain in force for more than one year
4. The concerned State Assembly can be dissolved or suspended
9. Discretionary Powers: The President almost always acts on the advice of the Council of Ministers except under
the following circumstances
1. Appointment of a Prime Minister from among contenders when no single party has a majority in the Lok
Sabha
2. A Council of Ministers is voted out/resigns and recommends dissolution of the Lok Sabha
3. While exercising a pocket veto
4. Disqualifying members of the Legislature
5. Return the advice of the Council of Ministers once for reconsideration
6. Return a Bill passed by the Parliament once for reconsideration
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PRESIDENTS RULE IN INDIA
o First imposed on Kerala, June 1951. In effect till April 1952
o Longest duration of Presidents Rule was in Punjab May 1987 Feb 1992
o Imposed maximum number of times on Kerala and Punjab (9 times each)
o Minimum number of times on Maharashtra, Meghalaya and Arunachal Pradesh
o Shortest duration of imposition was on Karnataka. Imposed for 7 days in Oct 1990
THE PRESIDENTS OF INDIA
President
Tenure Notes
Dr. Rajendra Prasad
Jun 1950 May
1952
First President
Longest tenure
Dr. S. Radhakrishnan
May 1962 May
1967

Dr. Zakir Hussian
May 1967 May
1969
Shortest tenure
Died in office
V.V. Giri (Acting)
May 1969 July
1969
First Acting President
Justice M Hidayatullah
July 1969 Aug
1969
Second Acting President
V.V. Giri
Aug 1969 Aug
1974

Fakhruddin Ali Ahmed
Aug 1974 Feb
1977
Died in office
B. D. Jatti (acting)
Feb 1977 July
1977

Neelam Sanjiva Reddy
July 1982 July
1987
Youngest President (64
years)
Elected unopposed
Giani Zail Singh
July 1982 July
1987

R. Venkataraman
July 1987 July
1992
Oldest President (76 years)
Dr. S.D. Sharma
July 1992 July
1997

K.R. Narayanan
July 1997 July
2002

Dr. APJ Abdul Kalam
July 2002 July
2007

Pratibha Patil
July 2007 present First female President

THE VICE-PRESIDENT OF INDIA
Election of the Vice-President
o Is elected by all members of both Houses of Parliament in accordance with proportional representation
o The name of the candidate must be proposed and seconded by at least 25 members
o All election disputes are decided by the Supreme Court
o Holds office for 5 years. Is eligible for re-election
o Oath of office administered by the President
Powers and functions of the Vice-President
o Is the ex-officio Chairman of the Rajya Sabha, but is not a member of the same
o Has no right to vote except in a tie
o All bills, resolutions, motions and questions in the Rajya Sabha can be taken up only with the consent of the VP
o Acts as the chief spokesperson of the Rajya Sabha
o Functions as Acting President if required. Can do so for a maximum of 6 months, and then a new President must
be elected
o Does not automatically become President in the absence of the President (unlike the USA)


COUNCIL OF MINISTERS
o It is composed of all Union Ministers the Prime Minister, Cabinet Ministers, Ministers of State and Deputy
Ministers
o The council is appointed by the President on the advice of the Prime Minister
o A Minister must be a member of either House of Parliament, or be elected within 6 months of assuming office
Collective Responsibility
o The Council of Ministers is collectively responsible to the Lok Sabha
o A vote of no confidence even against a single Minister means the entire Council must resign
o Each Minister is also responsible for his department and can be removed from office by the President on the
advice of the Prime Minister
Functions of the Council of Ministers
o Formulates policies of the country on the basis of which administration is carried out
o Introduces all important Bills in Parliament and oversees their passage
o Presents the Budget to the Parliament
o Determines foreign policy
o Approves international agreements and treaties
o Render advice to the President regarding proclamation of war or emergency
CATEGORIES OF MINISTERS
o Cabinet Minister
o Senior minister in charge of a particular Ministry
o May hold additional charges of other Ministries (if no other Cabinet Minister is appointed)
o Cabinet Ministers must belong to either House of Parliament
o Currently there are 33 Cabinet Ministers
o Minister of State (Independent Charge)
o In charge of a particular portfolio
o Is not under the oversight of a Cabinet Minister
o Currently there are 7 MoS with independent charge
o Minister of State
o A minister with a specific responsibility in a particular Ministry
o Reports to the concerned Cabinet Minister
o Currently there are 38 MoS
THE PRIME MINISTER OF INDIA
Overview
o The Prime Minister is the head of government and the head of the Council of Ministers
o The PM is responsible for the discharge of functions and powers of the President
o The PM must be a member of either House of Parliament, or be elected within 6 months of taking office
ELECTION TO OFFICE
Appointment
o The Prime Minister is appointed by the President on the basis of his being the leader of the majority party in the
Lok Sabha
o If no party gets an absolute majority in the Lok Sabha or a PM resigns or dies, the President can use his own
discretion in the choice of a Prime Minister
o If the person the President so appoints is not a member of the Lok Sabha, he must get himself elected within a
period of 6 months
o The Prime Minister serves in office for 5 years
o He can be re-appointed
o When the Lok Sabha is dissolved, he can continue in office upon the request of the President
o If the government is defeated in the Lok Sabha, the Prime Minister and entire cabinet must resign
o However, if defeated in the Rajya Sabha, resignation is not obligatory
FUNCTIONS OF THE PRIME MINISTER
1. Legislative functions
1. He is the leader of the majority in the Lok Sabha
2. The President convenes and prorogues sessions of Parliament in consultation with the PM
3. Can recommend dissolution of the Lok Sabha to the President
4. All members of the Cabinet are appointed by the President on the recommendation of the PM
2. Administrative functions
1. Acts as the chief channel of communication between the President and the Council of Ministers
2. Allocates portfolios among various ministers and shuffles them
3. Presides over meetings of the Council of Ministers
4. Supervises the working of other Ministers
3. Executive functions
1. Represents the country internationally
2. Acts as the ex-officio Chairman of the Planning Commission
3. Has exclusive jurisdiction over the disposal of the PMs National Relief Fund and the PMs National Defence
Fund
4. Advisory functions
1. Assists the President in the appointment of all high officials
2. Recommends to the President proclamation of emergency
3. Advices the President on the imposition of Presidents Rule
LIST OF PRIME MINISTERS OF INDIA
No.
Prime Minister Date Notes
1
Jawaharlal
Nehru
1947 1964
First Prime Minister
First to die in office
Longest tenure
2
Guzari Lal Nanda
May 1964 Jun
1964
First and only acting PM
3
Lal Bahadur
Shastri
Jun 1964 Jan
1966
First PM to die abroad during official tour
4
Guzari Lal Nanda
Jan 1966 Jan
1966

5
Indira Gandhi
Jan 1966 Mar
1967
First woman PM
First PM to lose an election
6
Moraji Desai
Mar 1977 Jul
1979
Oldest to become PM (81 years)
First to resign from office
7
Charan Singh Jul 1979 Jan 1980 Only PM that did not face Parliament
8
Indira Gandhi
Jan 1980 Oct
1984
First PM to be assassinated
9
Rajiv Gandhi
Oct 1984 Dec
1989
Youngest to become PM (40 years)
10
VP Singh
Dec 1989 Nov
1990
First PM to resign after vote of no
confidence
11
Chandra Shekar
Nov 1990 Jun
1991

12
Narasimha Rao
Jun 1991 May
1996

13
AB Vajpayee
May 1996 Jun
1996
Shortest tenure (13 days)
14
Deve Gowda
Jun 1996 Apr
1997

15
IK Gujral
Apr 1997 Mar
1998

16
AB Vajpayee
Mar 1998 May
2004

17
Manmohan
Singh
May 2004
Present

THE DEPUTY PRIME MINISTER
o It is not a constitutional post
o Does not carry any specific powers
o Can chair meetings of the Cabinet in the absence of the PM, and take on the responsibility of the PM in case of
the latters death
o India has had 7 Deputy Prime Ministers
o Sardar Vallabhai Patel was the first Deputy PM. He was also the Home Minister concurrently
o The current government does not have a Deputy PM

THE PARLIAMENT OF INDIA
Overview
o The Parliament consists of the Rajya Sabha (Council of States), the Lok Sabha (House of the People) and the
office of the President
o Any Bill can become an Act only after being passed by both Houses of Parliament
o The Parliament House was designed by British architects Sir Edwin Lutyens and Sir Herbert Baker in 1912-
1913. It was opened in 1927 to house the Council of States, the Central Legislative Assembly and the Chamber of
Princes
o The minimum age for membership to the Rajya Sabha is 30 years, while for the Lok Sabha it is 25 years
o It shares legislative powers with the Lok Sabha, except in the case of supply Bills (like Money Bills) where the Lok
Sabha has overriding powers
o In the case of conflicting legislation, a joint sitting of the two Houses is held. However, since the Lok Sabha has
more than twice as many members as the Rajya Sabha, it holds de facto veto power in such legislations
o The Parliament has its own TV broadcasting stations launched in 2004: Doordarshan Rajya Sabha and
Doordarshan Lok Sabha (now known as Lok Sabha TV)
o When the Constitution of India came into effect on 26 Jan 1950, the Constituent Assembly became the
Provisional Parliament of India. It remained so until the first elections in 1951
o The business of Parliament is transacted in either Hindi or English. However, the Presiding Officers of the two
Houses may permit any member to address the House in his mother tongue
THE RAJYA SABHA (COUNCIL OF STATES)
About the Rajya Sabha
o The Rajya Sabha is the Upper House of Parliament
o The Vice-President is the ex-officio Chairman of the Rajya Sabha. The Deputy Chairman of the Rajya Sabha is
elected from among members. He officiates in the absence of the Chairman
o The first sitting of the Rajya Sabha was held in May 1952

Membership to the Rajya Sabha
o The maximum permissible strength of the Rajya Sabha is 250. Of these 238 members are elected indirectly
from the states and Union Territories, and 12 are nominated by the President for their expertise in art,
literature, science and social services
o Currently, the strength of the Rajya Sabha is 245. Of these 233 are members elected from states and UTs and
12 are nominated members
o Members from state assemblies are
elected using the Single Transferable Vote system
o The provision for nominated members is found in Article 80 of the Constitution

Tenure of the Rajya Sabha
o The Rajya Sabha is a continuous body and is not subject to dissolution
o Members enjoy a tenure of six years
o One-third of the members retire every two years

Functions of the Rajya Sabha
o Acts as a non-partisan forum for full and free debates
o Can originate any Bill, including constitutional amendment Bills, except Money Bills
o Re-evaluates Bills originating in the Lok Sabha in a non-political manner
o Relieves the work of the Lok Sabha in considering Private Bills (Bills that apply to specific individuals or
organizations)
o Along with the Lok Sabha, votes on the election of President and Vice-President
o Along with the Lok Sabha, votes on the removal of judges of the Supreme Court and High Courts
o Along with the Lok Sabha, votes for the continued proclamation of Emergency beyond a period of two months
o Acts as the sole de facto and de jure Parliament if the Lok Sabha is dissolved during an Emergency

THE LOK SABHA (HOUSE OF THE PEOPLE)
About the Lok Sabha
o The Lok Sabha is the lower House of Parliament
o The current Lok Sabha is the 15
th
Lok Sabha to be constituted
o The first hour of every sitting of the Lok Sabha is called Question Hour, during which questions posed by
members may be assigned to specific ministries
o Three sessions of the Lok Sabha are held every year:
o Budget session: February to May
o Monsoon session: July to September
o Winter session: November to December

Membership to the Lok Sabha
o The maximum permissible strength
of the Lok Sabha is 552. Of these, 530 are to be chosen by direct election, 20 are to be representatives of Union
Territories, and 2 to be nominated Anglo-Indians
o Currently, the strength of the Lok Sabha is 545. Of these, 530 are chosen by direct election, 13 are from Union
Territories, and 2 are nominated Anglo-Indians

Tenure of the Lok Sabha
o The Lok Sabha has a tenure of five years, unless dissolved earlier
o The tenure may be extended by a proclamation of Emergency. The Emergency may extend the term of the Lok
Sabha in one year increments

Functions of the Lok Sabha
o The Lok Sabha controls the functioning of the Executive, by making the Council of Ministers answerable to it
o The sanctioning of expenditure is the exclusive priviledge of the Lok Sabha
o Can originate any Bill, including Money Bills
o Along with the Rajya Sabha, votes on the election of President and Vice-President
o Along with the Rajya Sabha, votes on the removal of judges of the Supreme Court and High Courts
o Along with the Rajya Sabha, votes for the continued proclamation of Emergency beyond a period of two months

SPEAKER OF THE LOK SABHA
Terms of service
o As soon as a new Lok Sabha is constituted, the President appoints a Speaker Pro-Term, who is generally the
senior-most member of the House. This office is dissolved when the Speaker is elected
o The Speaker is elected on the first meeting of the Lok Sabha after a General Election
o He is elected for a term of 5 years
o The Speaker does not vacate office on the dissolution of the Lok Sabha. Instead, he continues in office until the
next House meets
o The Speaker vacates his office and ceases to be a member of the House when he resigns or is removed
o He may be removed by a majority resolution in the Lok Sabha
o The Constitution also provides for a
Deputy Speaker, to be elected from among the Lok Sabha. He officiates in the absence of the Speaker

Functions of the Speaker
o The Speaker is the presiding officer of the Lok Sabha. He is expected to be impartial
o He maintains decorum and conducts the business of the House
o He decides whether a Bill is a Money Bill or not
o He permits the moving of various motions and resolutions such as motion of no confidence, motion of
adjournment etc
o He decides the agenda for discussion during the meeting of the House
o The Speaker can cast a vote only in the case of a tie

Important Speakers of the Lok Sabha
o GV Mavlankar was the first Speaker of the Lok Sabha (1952 1956)
o MA Ayyangar was the first Deputy Speaker (1952 1956)
o Dr. Balram Jhakar was the longest serving Speaker (1980 1989)

FUNCTIONS OF PARLIAMENT
o The Parliament legislates on subjects in the Union and Concurrent Lists. It can also legislate on subjects in the
State List if
o The Rajya Sabha passes a resolution saying it is in the national interest to do so and/or
o The legislatures of two or more states recommend to Parliament to so legislate
o The power to legislate on residuary subjects also vests with the Parliament
o The Parliament (via the Lok Sabha) exercises control over Union finances
o The Parliament (via the Lok Sabha) exercises control over the functioning of the Executive
o The Parliament is responsible for legislating on amendments to the Constitution
o The Parliament elects the Vice-President and can initiate impeachment proceedings against the President
o It recommends the creation of All India Services, the removal of judges of the Supreme Court and High Courts
o Parliamentary approval is essential for the continuance of a proclamation of Emergency made by the President

LEGISLATIVE PROCEDURES IN PARLIAMENT
1. Ordinary Bills: Ordinary Bills can originate in either House of Parliament and have to pass through the following
stages before being sent for assent by the President
1. First Reading: a brief description of the Bill is read, and its aims and objectives announced. Opponents can also
make a brief speech. After a vote, the Bill is published in the Gazette
2. Second Reading: the general principles of the Bill are discussed, and the Bill is sent to the appropriate
committee for its reference.No amendments are possible at this stage
3. Committee Stage: the appropriate committee reviews the Bill and suggests amendments
4. Report Stage: the committee submits its report to the House, where it is thoroughly discussed. Amendments
may be proposed. Voting is held on a clause-by-clause basis
5. Third Reading: general discussion of the Bill followed by formal voting for its acceptance or rejection. No
amendments possible at this stage. After the Bill has been accepted, it is sent to the other House for a repeat
procedure, and thereupon to the President for assent.
2. Money Bills: Money Bills can originate only in the Lok Sabha on the recommendation of the President.
Since they deal with public finances, their passage is crucial to the functioning of government
1. After a Money Bill has been passed by the Lok Sabha, it is sent to the Rajya Sabha for deliberations
2. The Rajya Sabha is given 14 days to make recommendations
3. If the Rajya Sabha fails to make recommendations within this period, the Bill is considered to have passed both
Houses and is sent to the President for assent
4. If the Rajya Sabha does make its recommendations, the Lok Sabha may or may not decide to accept those
recommendations
5. Regardless, the Bill is considered to have passed both Houses and is sent to the President

TYPES OF MONEY BILLS
1. Annual Financial Statement:
At the beginning of every financial year, the President causes to be laid before both Houses, a statement of
estimated receipt and expenditure for the ensuing year. Expenditure is of two types:
1. Expenditure charged on the Consolidated Fund of India, which is not subject to vote of Parliament, although
it can be discussed by both Houses
2. Expenditure charged outside the Consolidated Fund, which are submitted to the Lok Sabha in the form of
grants, which may or may not approve them
2. Appropriation Bill:
after the grants are approved by the Lok Sabha, an Appropriation Bill is introduced.
1. Appropriations out of the Consolidated Fund of India can be made only after passage of the Appropriation
Bill.
2. This Bill is never opposed in the Lok Sabha.
3. Since the grants have already been approved, the discussion is limited to administrative policy etc
4. No amendments are possible at this stage

IMPORTANT PARLIAMENTARY PROCEEDINGS
o Point of Order
o A member may raise a Point of Order if proceedings do not follow normal rules
o The Presiding Officer decides whether the Order may be allowed or not
o Vote on Account
o This procedure covers government expenditure between the presentation and the passage of the Budget
o The Vote on Account allows the Lok Sabha to make a grant in advance for a part of the financial year
o It is usually passed by the Lok Sabha without discussion
o It is passed after the general discussion on the Budget is over and before the demand for grants in taken up
o Guillotine
o Certain demands for grants of various Ministries are taken up by the Lok Sabha without discussion. This is
called guillotine
o Usually done due to lack of time
o To avoid this, Parliament in 1993 established 17 Parliamentary Committees to study these demand for grants
o The Committees scrutinize the demand for grants and report to the House
o The reports are not binding on the House
o Quorum
o It is the minimum number of members required to transact the business of the House
o Article 100 of the Constitution specifies that the Quorum of either House shall be 10% of the strength of the
House
o Question Hour
o The first hour of every sitting of Parliament is called Question Hour
o Questions usually need a 10 day notice before being answered by the concerned Minister
o Questions addressed to the Ministers are of three types:
o Starred questions: to be answered orally on the floor of the House
o Unstarred questions: are answered in writing. No supplementary questions may be asked
o Short notice questions: questions on urgent public importance, do not need 10 day notice
o Zero Hour
o Does not formally exist in the Parliamentary procedure
o The hour after Question Hour is popularly known as Zero Hour
o Members raise matters which they feel is urgent
o However, since the questions are raised without prior notice, it results in loss of time
TYPES OF MOTIONS
1. Adjournment Motion:
1. Motion to adjourn the proceedings of the House, so as to take up a matter of urgent public importance
2. Can be moved by any member
3. Requires support from at least 50 members
4. Notice for the motion must be given before the commencement of the sitting for the day
2. Calling Attention Motion
1. A member may call the attention of a Minister to an urgent matter and the Minister may make a statement
regarding it
3. Priviledge Motion
1. Motion moved by a member if he feels a Minister has committed a breach of priviledge
2. Also moved against members for withholding or distorting facts
4. Censure Motion
1. A motion that censures the government for a specific charge
2. Can be moved against a Minister or against the Council of Ministers
3. Censure Motion is different from No Confidence Motion in that the former requires to cite a specific charge
against the government whereas the latter does not
4. If the Motion is passed in the Lok Sabha, the government is expected to resign
5. No Confidence Motion
1. A No Confidence Motion indicates lack of confidence of the Lok Sabha in the Council of Ministers
2. Can be introduced in the Lok Sabha only
3. If the Motion is passed, the government must resign
6. Cut Motion
1. A device through which members draw the attention of Government to a specific grievance
2. It is used to seek reduction in the amount of a demand for grants presented by Government
3. Approved by the Speaker at his discretion
4. There are three types of Cut Motions
1. Policy Cut: implies the mover disapproves of the policy underlying the demand. Asks for a reduction of Re. 1
2. Economy Cut: seeks a specific amount of reduction
3. Token Cut: used to ventilate a particular grievance against the government. The reduction amount is Rs 100
TERMINATION OF A SESSION OF PARLIAMENT
The sessions of Parliament are convened at the discretion of the President. However, there should not be a gap
of more than 6 months between sessions.
1. Prorogation
1. Done by President on the advice of the Council of Ministers
2. Brings the session of the House to an end
3. Unlike England, Pending Bills and other business do not lapse, they are taken up when the House meets in
the next session
2. Adjournment
1. Short recess within a session of Parliament
2. Called by the Presiding Officer of the House
3. Duration may be from a few minutes to a few days
3. Adjournment Sine Die
1. House is adjourned by the Presiding Officer without fixing a date for the next meeting
4. Dissolution
1. Dissolution ends the life of a House and a new House needs to be reconstituted
2. Only the Lok Sabha can be dissolved, the Rajya Sabha is permanent
3. Dissolution enacted by the President on the advice of the Prime Minister
4. Any Bill pending in the Lok Sabha lapses
5. Any Bill pending passed by the Lok Sabha and pending the Rajya Sabha also lapses, unless the President
calls a Joint Sitting of the two Houses. However, Bills pending in the Rajya Sabha but not passed by the Lok
Sabha do not lapse


SUPREME COURT OF INDIA
Overview
o The Supreme Court of India is decreed by Part V, Chapter IV of the Constitution
o It was established on 28 Jan 1950
o According to the Constitution, the role of the Supreme Court is that of a federal court, guardian of the
Constitution and the highest court of appeal
o The Supreme Court has original, appellate and advisory jurisdiction
About the Supreme Court building
o The first home of the Supreme Court was the Chamber of Princes of the Parliament building, which had been the
seat of the Federal Court of India
o The Court moved to the present premises in 1958
o The present premises was designed by Ganesh Bhikaji Deolalikar
COMPOSITION OF THE SUPREME COURT
Judges of the Supreme Court
o The Supreme Court consists of 31 judges one Chief Justice and 30 other Justices
o The Constitution originally provided for 7 judges in the Court. However, due to increased workloads, this number
has been gradually increased, reaching 31 in 2008
o Judges in the Supreme Court sit together in Benches to hear cases
o A small Bench, with two to three Justices, is called a Division Bench
o A large Bench, with five or more Justices, is called a Constitutional Bench
o A Division Bench may refer a case up to a Constitutional Bench if desired
o The first woman judge of the Supreme Court was Justice Fatima Beevi in 1987. However, there has been no
female Chief Justice
Terms of service
o Judges of the Supreme Court are appointed by the President
o Judges of the Supreme Court retire at the age of 65
o Must be a citizen of India
o Must have been one of the following
o A judge of a High Court for at least 5 years
o An advocate of a High Court for at least 10 years
o A distinguished jurist, in the opinion of the President
Ad hoc Judges
o Ad hoc Judges are non-Supreme Court judges who sit in the Supreme Court when there is insufficient quorum to
perform the judicial duties
o Ad hoc Judges are appointed by the Chief Justice after obtaining consent from the President
o Serving and retired judges of the Supreme Court (and High Courts) can sit and act as ad hoc Judges of the
Supreme Court
o Only such persons can be appointed as ad hoc Judges who are qualified to be appointed as a regular Judge of the
Supreme Court
The office of the Chief Justice
o The senior most judge of the Supreme Court is appointed as the Chief Justice
o The Chief Justice remains in office for 5 years or until retirement, whichever is earlier
o The Chief Justice is responsible for allocation of work to other judges
o Other judges may refer cases to him if a bench of higher strength is required
o The Chief Justice administers the oath of office to the President
o In the absence of the President and the Vice-President, the Chief Justice sits as the Acting President of India
o The Chief Justice is the ex-officio Chancellor to most autonomous law schools in India
Noteworthy Chief Justices
o The current Chief Justice (K G Balakrishnan) is the 37
th
Chief Justice of India. He is from Kerala
o The first Chief Justice of India was H J Kania (1950 1951). Before appointment to the Supreme Court, he
served as the Chief Justice of the Federal Court of India (1947 1950). He was from Bombay
o The shortest tenure was for K N Singh (Nov 1991 Dec 1991, UP)
o The longest tenure was for Y V Chandrachud (1978 1985, Bombay)
INDEPENDENCE OF JUDGES
o The salaries and allowances of Judges are charged to the Consolidated Fund of India and are not subject to a
vote of Parliament
o The salaries and other service conditions of Judges cannot be changed to their disadvantage during their tenure
o Judges can be removed only by a resolution of both Houses of Parliament passed with a two-third majority
o Judges can be removed only on grounds of proven misbehaviour or incapacity
o Judges are barred from practicing in any court after retirement
o The decisions and actions of Judges cannot be criticized. Disrespect to Court authority can invite Contempt of
Court proceedings
o The conduct of Judges cannot be discussed in Parliament or state legislatures
o The appointment of Judges does not depend on the discretion of the President. Judges are appointed by the
President in consultation with other Judges of the Supreme Court, while the Chief Justice is appointed based on
seniority
o The Court enjoys complete freedom with respect to appointment of officers of the Court
JURISDICTION OF THE SUPREME COURT
1. Original Jurisdiction
1. Original Jurisdiction means that certain types of cases can originate with the Supreme Court only
2. The Supreme Court has original jurisdiction in
1. Disputes between the Centre and one or more states
2. Disputes between the Centre and any state(s) on one side and one or more states on the other side
3. Disputes between two or more states
4. Disputes regarding the enforcement of Fundamental Rights
2. Appellate Jurisdiction
1. Appellate Jurisdiction means that appeals against judgements of lower courts can be referred to it
2. The Supreme Court is the highest court of appeal in the country
3. Three types of cases fall with appellate jurisdiction:
1. Constitutional cases: an appeal against a High Court judgement can be made to the Supreme Court if the
High Court determines that the case involves questions on the interpretation of the Constitution
2. Civil cases: an appeal can be made in civil cases if the High Court certifies
1. that the case involves a substantial question of law of general importance, and
2. that the said question needs to be decided by the Supreme Court
3. Criminal cases: an appeal can be made in criminal cases if the High Court
1. has reversed an acquittal and sentenced a person to death, or
2. has taken up a case from a subordinate court and sentenced an accused to death
3. interestingly, if the High Court reverses a conviction and orders acquittal, no appeal to the Supreme Court
can be made
3. Advisory Jurisdiction
1. Advisory Jurisdiction refers to the process where the President seeks the Courts advice on legal matters
2. If the President asks for advice from the Supreme Court, the Court is duty-bound to give it. However, it not
binding on the President to accept the advice
POWERS AND FUNCTIONS OF THE SUPREME COURT
1. Court of Record
1. The Supreme Court is a court of record
2. What this means is that its records are admitted to be of evidentiary value and cannot be questioned in any
court
3. As a court of record, it also enjoys the power to punish for contempt of court
2. Judicial Review
1. Judicial Review means that the Court can ensure that laws passed by the legislature and orders issued by the
executive do not contravene the Constitution
2. If these laws or orders go against the Constitution, the Court can declare them unconstitutional and hence
invalid
3. The Court also protects the Fundamental Rights of citizens through various types of writs
3. Other powers
1. The Supreme Court appoints its officers and servants in consultation with the UPSC and determines their
conditions of service, in consultation with the President
2. It can make rules regarding the practice and procedure of the court with the approval of the President
3. It can appoint arbitrators to decide cases relating to costs incurred by state governments in carrying out
directions of the Union government
4. It adjudicates disputes relating to the election of the President and Vice-President
5. It can recommend the removal of the Chairman and members of the UPSC to the President
HIGH COURTS IN INDIA
Overview
o There are 21 High Courts in India
o The Calcutta High Court, established in 1862, is the oldest High Court in India. The Bombay and Madras High
Courts were also established in the same year
o The newest High Courts are the Chattisgarh (Bilaspur), Uttaranchal (Nainital) and Jharkhand (Ranchi) High
Courts, all established in the year 2000
o The Bombay, Madras and Calcutta High Courts are the three Chartered High Courts in India
o The Madras Law Journal, published from the Madras High Court, was the first journal in India dedicated to
reporting judgements of a Court (1891)
Jurisdiction of High Courts
o Each High Court has jurisdiction over a particular state(s) and/or Union Territory(ies)
o High Courts have original and appellate jurisdiction. High Courts also have jurisdiction over writs
o States are divided into judicial districts, presided over by a District Judge or a Sessions Judge, who is the highest
judicial authority below the High Court
o The presiding judge is called District Judge when he presides over a civil case, and called a Sessions Judge
when presiding over a criminal case
o The High Court is a court of record
o Cases relating to admiralty, marriage and contempt of court are referred directly to the High Court
Judges and Benches
o The Judges of a High Court are appointed by the President in consultation with the Chief Justice of India and the
Governor of the state
o The number of Judges in a High Court is decided based on the number of cases instituted and disposed
o High Courts that handle a large number of cases from a particular region, may establish a permanent Bench
there. Benches are present in states that come under the jurisdiction of Courts outside its territory
o Circuit Benches are temporary courts that hold proceedings for a few months every year
Important High Courts and their Jurisdictions
High Court Location Bench Jurisdiction
Allahabad High
Court
Allahabad Lucknow Uttar Pradesh
Bombay High Court Bombay Nagpur, Panaji, Aurangabad
Maharashtra, Goa, Daman & Diu, Dadra &
Nagar Haveli
Calcutta High Court Calcutta Port Blair (Circuit Bench) West Bengal, Andaman & Nicobar
Delhi High Court New Delhi

NCT Delhi
Guwahati High
Court
Guwahati
Kohina, Aizwal, Imphal
Circuit Benches at
Agartala and Shillong
Assam, Arunachal Pradesh, Manipur,
Meghalaya, Nagaland, Tripura, Mizoram
Jammu & Kashmir
High Court
Srinagar
(summer)
Jammu
(winter)

Jammu & Kashmir
Karnataka High
Court
Bangalore
Circuit Benches at Hubli-
Dharwad and Gulbarga
Kerala High Court Cochin

Kerala, Lakshadweep
Madhya Pradesh
High Court
Jabalpur Gwalior, Indore Madhya Pradesh
Madras High Court Madras Madurai Tamil Nadu, Pondicherry
Punjab and Haryana
High Court
Chandigarh

Punjab, Haryana, Chandigarh
Rajasthan High
Court
Jodhpur Jaipur Rajasthan
Sikkim High Court Gangtok

Sikkim


THE STATE EXECUTIVE
THE GOVERNOR OF A STATE
Overview
o Governors and Lieutenant-Governors of states and Union Territories have powers at the state level similar to
that of the President at the Union level
o Governors preside over states while Lieutenant-Governors preside over Union Territories and NCT Delhi
o The office of the Lieutenant-Governor exists only in the Union Territories of Andaman & Nicobar Islands,
Pondicherry and NCT Delhi. Other Union Territories have an Administrator, who is usually an IAS officer.

o Governors and Lieutenant-Governors are appointed by the President for a period of 5 years
o The Governor or Lieutenant-Governor can be dismissed by the President on the recommendation of the Prime
Minister
o Unlike the President, Governors and Lieutenant-Governors can not be impeached

POWERS OF THE GOVERNOR
o Executive powers
o All executive powers of the state government are vested in the Governor
o The Governor appoints the Chief Minister and the Council of Ministers
o He allocates portfolios to the Ministers based on the advice of the Chief Minister
o The Governor appoints the judges of the District Courts
o The President consults the Governor in the appointment of the judges of the High Court
o The Governor appoints the Advocate General and members of the state Public Service
Commission
o Legislative powers
o The Governor summons sessions of both Houses of the state legislature and prorogues them
o The Governor can dissolve the state Legislative Assembly (Vidhan Sabha) on the advice of the
Chief Minister
o Bills passed by the legislature can become law only on the assent of the Governor
o The Governor can return non-Money Bills to the legislature for reconsideration. However, if the
legislature sends it back without modification, the Governor must give his assent
o The Governor can reserve certain Bills for consideration by the President
o The Governor can promulgate Ordinances. These ordinances must be approved by the
legislature at its next session. Ordinances remain valid for no more than 6 weeks from the
date of convening of the legislature
o Financial powers
o The Governor causes to be laid before the legislature the annual state Budget
o Money Bills can be introduced in the legislature only on the prior recommendation of the
Governor
o The Governor can make advanced from the Contingency Fund of the State to meet unforeseen
expenditure
o The Governor constitutes the state Finance Commission
o Discretionary powers
o When no political party gets a majority in the Legislative Assembly, the Governor can appoint the
leader of the largest party or the largest coalition as the Chief Minister
o The Governor can recommend to the President imposition of Presidents rule in the state

THE STATE LEGISLATURE
Overview
o State legislatures in India can be unicameral or bicameral
o The lower House is called the Legislative Assembly, and the upper House (if it exists) is called the Legislative
Council
o Currently, only six states in India have Legislative Councils: Bihar, Jammu & Kashmir, Uttar Pradesh,
Maharashtra, Karnataka and Andhra Pradesh
o The provision for instituting and removing Legislative Councils is enshrined in Article 169 of the Constitution

The Legislative Assembly
o Legislative Assemblies consist of 60 to 500 members
o Members of the Legislative Assembly are directly elected
o The Governor can appoint a certain number of Anglo-Indians to the Assembly as he deems fit

The Legislative Council
o The Legislative Council consists of not more than 1/3
rd
the strength of the Legislative Assembly and not less than
40
o Members of the Council are indirectly elected as well as nominated (by the Governor)
o The composition of the Council is as follows
o Members elected by electorates consisting of members of local bodies
o Members elected by MLAs from among people who are not MLAs
o Members elected by electorates consisting of persons who are graduates of 3 years standing and who are
residents of the state
o Members elected by electorates consisting of persons engaged for 3 years in teaching (not lower than
secondary school)
o Members nominated by the Governor from among persons having expertise in science, arts, social service etc

o The minimum age for membership to the state legislature is 25 for the Legislative Assembly and 30 for the
Legislative Council
o To become a member from a particular constituency, a person must be a voter from that constituency
o The term of the Legislative Assembly is five years.
o It may be extended by the Governor during an Emergency, but not for more than six months at a time
o The Legislative Council, like the Rajya Sabha, is a permanent House and cannot be dissolved
o The term of members of the Council is 6 years, with 1/3
rd
retiring every two years

Presiding officers
o The Legislative Assembly has a Speaker and a deputy Speaker
o They are elected from among the membership of the Assembly
o The Legislative Council has a Chairman and a deputy Chairman (who are also elected from among members)
o Presiding Officers of both Houses have the right to cast their vote in case of a tie

Functions of the state Legislature
o The Legislature has the power to legislate on all subjects in the State List and the Concurrent List
o Money Bills can originate in the Legislative Assembly only
o The Council has 14 days to recommend changes to the Money Bill
o Elected members of the Legislative Assembly are involved in the process of election of the President of India
o Each state legislature has one electoral power in electing the President
o Amendments to the Constitution of India can be executed with approval of half the state legislatures in the
country

Indian Polity #9 | Study Material::General Studies | IAS Help

ELECTIONS IN INDIA
Overview
o India is the largest democracy in the world (in terms of electorate)
o The 2009 General Elections had an electorate of 714 million. This is larger than the electorates of the EU and
the US combined
o The first General Elections were held in 1951
o The control and conduct of all elections to the Parliament, to the state legislatures and to the offices of the
President and Vice-President fall under the purview of the Election Commission of India
o Panchayat elections are conducted by respective State Election Commissions

Constitutional provisions for elections
o Article 324 stipulates that the superintendence, direction and control of elections shall be vested in the Election
Commission
o Article 325 provides a single electoral roll for every constituency. Also stipulates that no person shall be eligible
or ineligible for inclusion in electoral rolls on the basis of race, religion, caste or sex
o Article 326 stipulates that elections shall be held on the basis of adult suffrage. Every person who is a citizen of
India and is not less than 18 years of age shall be eligible for inclusion

Election process
o The Election Commission announces the schedule of elections, but the election process only starts with the
notification by the President (or Governors)
o Model Code of Conduct comes into force the day election dates are announced.
o No party is allowed to use government resources for campaigning. Campaigning to be stopped 48 hours prior to
polling day
o The Collector of each district is in charge of polling
o The indelible ink used to mark fingers is produced by the Mysore Paints and Varnish Ltd.
o Currently, India does not have an absentee ballot system. To enrol as a voter, a person needs to be an ordinary
resident i.e. reside in a particular constituency for at least 6 months
o A period of eight days is allowed for filing nominations. Two days are allowed for withdrawal of candidature
o Candidates to a particular constituency can be from anywhere in the country. However, voters in the
constituency must be residents of that constituency
o A candidate may contest from two constituencies at most

Political parties
o Registration of the People Act 1951 provides for registration of political parties with the Election Commission
o To be recognised as a National Party, a party must satisfy all the following criteria
o secure 6% of votes polled in four or more states (in General Elections of Assembly Elections)
o win at least 4 seats to the Lok Sabha
o win at least 2% of Lok Sabha seats from at least three different states (i.e. min of 11 MPs in the Lok Sabha)
o There are currently six national parties: INC, BJP, BSP, CPI (M), NCP, CPI
o To be recognised as a State Party, a party must satisfy all the following
o Secure at least 6% of votes polled in that particular state
o Wins at least 3 seats to the Legislative Assembly or at least 3% of Assembly seats, whichever is higher

Judicial Review of election disputes
o Technically, the decisions of the Election Commission can be challenged in High Courts of the Supreme Courts
o However, by tradition, the Judiciary does not intervene in the conduct of elections once the process of elections
has begun
o After declaration of election results, the Election Commission cannot reverse the results on its own
o The results of the elections to Parliament and state legislatures can only be reviewed by filing election
petitions at the High Courts
o For elections of President and Vice-President, election petitions can only be filed with the Supreme Court

ELECTION COMMISSION OF INDIA
About the Election Commission
o The Election Commission is autonomous, quasi-judiciary constitutional body
o Its mission is to conduct free and fair elections in India
o The Election Commission was established on 25 Jan 1950 under Article 324 of the Constitution

Powers of the Election Commission
o The EC enjoys complete autonomy and is insulated from any interference from the Executive
o It also functions as a quasi-judiciary body regarding matters related to elections and electoral disputes
o Its recommendations are binding on the President of India
o However, its decisions are subject to judicial review by High Courts and the Supreme Court acting on electoral
petitions
o During the election process, the entire Central and state government machinery (including paramilitary and
police forces) is deemed to be on deputation to the Commission
o The Commission takes effective control of government personnel, movable and immovable property for
successful conduct of elections

Functions of the Election Commission
o Demarcation of constituencies
o Preparation of electoral rolls
o Supervision, direction and control of elections to Parliament, Legislatures, President/Vice-President
o Scrutiny of nomination papers
o Scrutiny of election expenses of candidates
o Establish rules for elections
o Issue notification of election dates and schedules
o Determine code of conduct
o Allot symbols and accord recognition to political parties
o Render advice to the President and Governors regarding disqualification of MPs and MLAs
o Postpone or countermand elections for specific reasons
o Resolve election disputes
o Allot schedules for broadcast and telecast of party campaigns
o Grant exemptions to persons from disqualifications imposed by judicial decisions

Composition of the Election Commission
o The Election Commission is a multimember Commission, the Chief Election Commissioner acts as the
Chairperson
o All members of the Election Commission enjoy equal vote, while the CEC additionally also enjoys casting
vote. Decisions of the EC are to be based on unanimity or majority
o The CEC is appointed by the President
o Other members of the Commission are appointed by the President in consultation with the CEC
o The CEC can be removed from office only in the manner of a Judge of the Supreme Court. Other members can
be removed by the President in consultation with the CEC
o The President may appoint Regional Election Commissioners in consultation with the CEC before elections to
the Parliament or Assemblies. Upon conclusion of elections, the REC steps down

Terms of service
o The tenure of Election Commissioners is six years or up to age of 65 years, whichever is earlier
o The CEC cannot hold any office of profit after retirement. Other ECs cannot hold any office of profit after
retirement, except as CEC
o The CEC cannot be reappointed to the post
o The allowances and salaries of the CEC are drawn from the Consolidated Fund of India

Chief Election Commissioners of India
S. No. CEC Tenure Notes
1 Sukumar Sen 1950-1958
First CEC
Served as CEC for Nepal and Sudan
2 K V K Sundaram 1958-1967

3 S P Sen Verma 1967-1972

4 Nagendra Singh 1972-1973
Born into Royal family of Dungarpur, Rajasthan
Padma Vibhushan 1973
President of the International Court of Justice (1985-1988)
5 T Swaminathan 1973-1977

6 S L Shakdhar 1977-1982

7 R K Trivedi 1982-1985

8 R V S Peri Shastri 1986-1990

9 V S Ramadevi Nov 1990 Dec 1990 Only female CEC
10 T N Seshan 1990-1996
Introduced innovative electoral reforms
Envisioned voter ID card
Ramon Magsaysay Award 1996
After retirement, founded Deshbkat Trust for social
reforms
11 M S Gill 1996-2001
Padma Vibhushan 2000
Currently, Minister of Youth Affairs and Sports
12 J M Lyngdoh 2001-2004 Ramon Magsaysay Award 2003
13 T S Krishnamurthy 2004-2005
Served as IMF advisor in Ethiopia and Georgia
As CEC, served as observer to elections in Zimbabwe and
USA
14 B B Tandon 2005-2006

15 N Gopalaswami 2006-2009 Observer to US elections
16 Navin Chawla 2009-present

DELIMITATION COMMISSION
o Established under the Delimitation Commission Act to redraw the boundaries of assembly and Lok Sabha
constituencies based on recent census
o The representation of each state to the Lok Sabha is not changed. However, the number of SC and ST states
may change
o The orders of the Commission are laid down before the Lok Sabha and respective state Legislatures
o The Commission is a powerful body its orders cannot be changed by Parliament or Legislature, nor can they
be challenged in a court of law
o The Delimitation Commission is expected to be constituted every ten years (following every census), however in
practise it has only been constituted four times since Independence: 1952, 1963, 1973, 2002
o The Delimitation Commission 2002 was headed by Justice Kuldip Singh as chairperson. The Karnataka
Assembly elections 2008 were the first elections to be conducted under newly delimited constituencies. The
General Elections 2009 also used these new constituencies.
o Breakdown of constituencies
o Largest (population): Outer Delhi (3 million)
o Smallest (population): Lakshadweep (37,000)
o Largest (area): Ladakh (173,000 sq km)
o Smallest (area): Chandni Chowk, Delhi (10 sq km)


PARLIAMENTARY COMMITTEES IN INDIA
Overview
o Since Parliament needs to perform substantial functions in limited time, it cannot go into the details of every
legislative and other matter that comes before it
o For this reason, Parliamentary Committees are constituted to study in detail the legislative and other matters
that come before Parliament
o Committees can be appointed in both Houses of Parliament, and their roles and functions are more or less
similar
Functions of the Committees
o To consider the Demand for Grants of various Departments/Ministries and make reports to the Houses
o To examine Bills that are referred to the Committee by the Lok Sabha or the Rajya Sabha
o To study annual reports of various Ministries and Departments
o To consider policy documents presented to the Houses if/when referred to the Committee by the Lok Sabha or
Rajya Sabha
TYPES OF COMMITTEES
Ad hoc Committees
o They are appointed for a specific purpose and cease to exist when the task is finished
o They can either belong to one particular Parliament House or be a joint committee
o There are two types of Ad hoc committees
o Committees appointed either by a motion in Parliament or by the Speaker/Chairman to enquire into a specific
subject
o Select or Joint Committees on Bills. These Committees are constituted to study and report on specific Bills
o Examples of Ad hoc Committees: Committees on Draft Five Year Plans, Railway Convention Committee, Fertilizer
Pricing Committee etc
Standing Committees
o Standing Committees are Committees appointed every year or periodically, and their work goes on in a
continuous basis
o The three most important Standing Committees (which deal with finance) are worth special mention
o Committee on Estimates
o Committee on Public Accounts
o Committee on Public Undertakings
o Additionally, there are 24 Departmentally Related Standing Committees that deal with affairs of a specific
Department/Ministry
IMPORTANT COMMITTEES
Departmentally Related Standing Committees
o There are a total of 24 Departmentally Related Standing Committees (DRSC)
o The DRSCs were first introduced in 1993 in a batch of 17, and a further 7 were added in 2004
o Each of these Committees consists of no more than 45 members.
30 are to be nominated from the Lok Sabha and 15 from the Rajya Sabha
o Ministers are not eligible to be nominated to these Committees
o The term of the Committee is one year
Committee on Estimates
o Consists of 30 members elected from the Lok Sabha
o Ministers are not eligible for election to this Committee
o The term of the Committee is one year
o Primary functions include
o report what improvements in organisation, efficiency or administration can be made
o suggest policies to bring about improvements in efficiency and economy
o the Committee can select and study estimates pertaining to any Ministry or government body as it may see fit
o Committee can also examine matters of special interest that come up or are referred to it by the Speaker
Committee on Public Accounts
o Consists of 22 members: 15 elected from the Lok Sabha and 7 from the Rajya Sabha
o Term of office is one year
o Primary function is to determine if money granted by the Parliament has been spent by the Government
within the scope of the Demand
o The Committee bases its examinations on the Appropriation Accounts of the Government and the Audit Reports
presented by the Comptroller and Auditor General
o The Committee is not concerned with policy, but only with execution of the policy and its results
Committee on Public Undertakings
o Consists of 22 members: 15 elected from the Lok Sabha and 7 from the Rajya Sabha
o Term of office is one year
o Functions of the Committee include
o Examine reports and accounts of Public Undertakings
o Examine reports of the CAG on Public Undertakings
o Examine whether Public Undertakings are being managed with sound business principles and prudent
commercial practices
o The Committee does not examine government policy or day-to-day administration of the Undertakings
Other important committees
S.
No.
Committee
House of
Parliament/
Composition
Function(s) Notes
1
Business Advisory
Committee
Lok Sabha
15 (including
Speaker)
Recommends the amount of
time to be allotted
for business in Parliament
The Speaker is the ex-officio
Chairman
Members are nominated
by the Speaker
Committee generally
meets at the beginning of
each Session
2
Committee on
Private Members
Bills and
Resolutions
Lok Sabha
15 (including
Dy Speaker)
Allot time to Private Members
Bills and Resolutions
Examine Private Members
Bills seeking to amend
the Constitution before
introducing them in Lok Sabha
Examine all Private Members
Bills after they are introduced
but before they are taken up
for consideration
Classify the Bills based on
their matter, urgency into
Category A or Category B
The Deputy Speaker is the
ex-officio Chairman
by the Speaker
3 Rules Committee
Lok Sabha
(15 including
Speaker)
Considers matters of procedure
and conduct of business in the
House
Recommends amendments to
the Rules of Procedure and
Conduct
of Business in Lok Sabha
The Speaker is the ex-officio
Chairman
by the Speaker
4
Committee of
Privileges
Lok Sabha
15
Examines every question
regarding breach of privilege of
the House
or of members of any
Committee
Determines whether breach
of privilege was involved and
makes
Recommendations
Members are nominated by
the Speaker
5
Committee on Papers
Laid
on the Table
Lok Sabha
15
Examine all papers laid on the
table of the House by Ministers
Report to the House whether
there has been compliance of
the
Constitution
Report whether there has
been unreasonable delay in
laying the paper
Report whether both Hindi
and English version have been
laid
the Speaker
6
Committee on
Petitions
Lok Sabha
15
Consider and report on
petitions presented to the
House
Considers representation
from individuals and
associations
the Speaker
Ministers not eligible
7
Committee on
Subordinate
Legislations
Lok Sabha
15
Scrutinizes and reports whether
powers to make rules,
regulations etc are being
properly exercised by the
Executive
the Speaker
8
Committee on Govt.
Assurances
Lok Sabha
15
Scrutinize the assurances
promises etc given by Ministers
the Speaker
and
report on their
implementation
9
Committee on
Absence of Ministers
from Sittings of the
House
Lok Sabha
15
Considers requests from
Members for leave of absence
from
sittings of the House
Examines every case where
the member has been absent
for
60 days or more without
permission
the Speaker
Makes recommendations
whether leave
should be granted,
absence granted or
seat declared vacant
10
Joint Committee on
Offices of Profit
Both Houses
15 10 from
LS, 5 from RS
Examine the composition and
character of Committees
appointed by Government
(Central and State)
Recommend what offices
should/should not disqualify a
person
as a member of either House
of Parliament
Committee is constituted for
the duration of the
Lok Sabha
11
Committee on
Welfare of SC/ST
Both Houses
30 20 from
LS, 10 from RS
Considers all matters regarding
the welfare of SC/STs
falling within purview of
Union Government and
Union Territories
Consider reports submitted
by National Commission for
SC/ST
Examine measures taken by
Union govt. to secure due
representation of SC/ST in
govt. services and posts
Term of the Committee is
one year
12
Railway Convention
Committee
Both Houses
18 12 from
LS, 6 from RS
Review dividend payable by
Railways to General Revenues
Review other matters relating
to Railways finance
This was the first Committee
to be constituted after
Independence (1949)
Minister of Finance and
Minister of Railways are
members
Ministers of State for
Finance and Railways are
also
Members
This is an ad
hocCommittee
13
Committee on
Empowerment of
Women
Both Houses
30 20 from
LS, 10 from RS
Reviews and monitors measures
taken by Union Govt.
to secure equality, status,
dignity for women in all matters
Suggest measures for
improving status of women
Review measures taken for
education and representation of
women in legislative bodies
and other fields
Considers reports of National
Commission for Women

ATTORNEY GENERAL OF INDIA
Overview
o The Attorney General is the Union Governments chief legal advisor and is its primary lawyer in the Supreme
Court
o The Attorney General is the highest law officer in the country
o The first Attorney General of independent India was M C Setalvad 1950-1963
o The current Attorney General is G E Vahanvati (2009 present)

Terms of service
o The Attorney General is appointed by the President under Article 76 of the Constitution
o To be appointed Attorney General, a candidate must be qualified to be appointed as a Judge of the Supreme
Court

Powers and functions of the Attorney General
o The Attorney General gives legal advice to the Government of India
o He has the right of audience in all courts in India
o The Attorney General can participate in proceedings of the Parliament without the right to vote
o The Attorney General appears on behalf of the Government of India in all cases in the Supreme Court
o The Attorney General is to be consulted only in legal matters of greatest importance and only after the Ministry
of Law has been consulted
o All references to the AG are made by the Ministry of Law
o The Attorney General cannot appear against the Government of India
o The AG cannot defend an accused in criminal proceedings
o The AG cannot accept directorship of a company without permission of the government
o The AG does not have any executive authority
o The Attorney General is assisted by the Solicitor General and four Additional Solicitor Generals

Solicitor General for India
o The Solicitor General assists the Attorney General
o He is the second highest law officer of the country
o The Solicitor General is assisted by four Additional Solicitors General for India
o Unlike the Attorney General, the Solicitor General does not give legal advice to the government
o The primary responsibility of the Solicitor General is to appear in courts on behalf of the Government of India
o The first Solicitor General of independent India was C K Daphtary (1950-1963)
o The current Solicitor General is Gopal Subramaniam (2009 present)

The Advocate General
o Each state has an Advocate General, whose position is similar to that of the Attorney General of the Centre
o The Advocate General is appointed by the Governor
o A person must be qualified to be a Judge of the High Court to be appointed as Advocate General
o The Advocate General can participate in proceedings of the state legislature without the right to vote

COMPTROLLER AND AUDITOR GENERAL OF INDIA
Overview
o The Comptroller and Auditor General of India audits all receipts and expenditures of the Union and state
governments
o The CAG is empowered to audit all revenues and expenditures of the Union and state governments, whether
incurred within India or outside
o The CAG also acts as the external auditor for government owned companies
o The CAG submits his reports to the President (in case of accounts relating to the Union Government) or to the
state Governors (for state government accounts)
o The reports of the CAG are taken into account by the Public Accounts Committee of Parliament and state
legislatures
o The CAG is also the head of the Indian Audits and Accounts Service (IA&AS)
o The office of the CAG was established in 1860
o The first CAG of India was V Narahari Rao (1948-1954)
o The current CAG is Vinod Rai (2008 present)

Terms of service
o The Comptroller and Auditor General of India is appointed by the President
o The CAG can only be removed from office in manner similar to a Judge of the Supreme Court
o The salary and benefits of the CAG cannot be changed to his disadvantage during his tenure
o The CAG is not eligible for further office under the Union of state governments
o The expenses of the office of the CAG (including all salaries, allowances, pensions etc) is charged to the
Consolidated Fund of India

The Indian Audits and Accounts Service (IA&AS)
o The IA&AS is a central government service that functions under the Comptroller and Auditor General of India
o The IA&AS is responsible for auditing the accounts of the Union and state governments and public sector
undertakings
o The IA&AS also maintains accounts of state governments
o Under the IA&AS, each state has a Principal Accountant General in charge of audit functions
o Each state also has several Accountants General in charge of accounts and entitlement functions
o Recruitment to the IA&AS is through the Civil Services Exam
o Once recruited, IA&AS officers are trained at the National Academy of Audit and Accounts, Simla

CIVIL SERVICES IN INDIA
Overview
o Running the administration of a vast and diverse country requires efficient management of natural, economic
and human resources. This is the primary responsibility of the civil services
o Civil Services in India originated in the eighteenth century under the rule of the East India Company
o Civil services in India comprise three types of services
o All India Services
o Central Civil Services Group A
o Central Civil Services Group B
o State Civil Services
o According to the Constitution, more Civil Services can be set up by the Rajya Sabha with a 2/3
rd
majority
vote. This applies to All India and Central Services, while the State Services can be constituted by similar act of
state legislatures. The Indian Forest Service and the Indian Foreign Service were set up in this fashion
Civil Services under British rule
o The civil services were first constituted under the East India Company as the Honourable East India Company
Civil Servants (HEICS)
o At this stage there were two groups of civil servants: covenanted (who entered into covenants with the
Company) and theuncovenanted. The covenanted civil servants occupied higher positions in the hierarchy while
the uncovenanted occupied lower levels
o This service evolved to become the Indian Civil Service (ICS), which later became the Indian Administrative
Service (IAS) after Independence
o The Public Service Commission 1886-1887 (Aitchison Commission), was constituted to guide the evolution of
the civil service. The recommendations of the Aitchison Commission included
o Two-tier classification of covenanted/uncovenanted to be replaced by three tier classification Imperial Civil
Service, Provincial Civil Service and Subordinate Civil Service
o Maximum age of entry to be 23 years
o Statutory system of recruitment to be abolished
o Competitive exam should not be held simultaneously in England and India
o Certain percentage of posts in the Imperial Civil Service to be filled by promotion from Provincial Civil
Services
o The basic pattern of the cadre system in the civil service was established by the Aitchison Commission
o In 1912, the Islington Commission was appointed, however its recommendations were not considered
o By 1934, the system had evolved to consist of seven All India Services
o The first Indian to rank first in the ICS examination was Gurusaday Dutt in 1905
All India Services
o The All India Services are those civil services that serve all of India, under both the Union Government and the
state governments
o There are three All India Services:
o Indian Administrative Service (IAS)
o Indian Police Service (IPS)
o Indian Forest Service (IFS)
o The officers of the All India Services are recruited and trained by the Union Government, but work under the
Centre as well as the states
o Officers of the All India Services are organised into cadres. 24 states have their own cadres. There are also three
joint cadres:
o Assam-Meghalaya cadre
o Manipur-Tripura cadre
o Arunchal Pradesh-Goa-Mizoram-Union Territories (AGMUT) cadre
Central Civil Services
o Central Civil Services function under the Central government
o The Central services are categorised into two groups: Group A and Group B
o There are more than 30 Central Services Group A. Prominent services in the Central Civil Services Group A
include
o Indian Foreign Service (IFS)
o Indian Revenue Service (IRS)
o Indian Postal Service
o Indian Economic Service
o Indian Audits and Accounts Service (IA&AS)
o Military Engineering Service
o Survey of India Service
o Central Secretariat Service
o The Central Civil Service Group B consists of three services
o Defence Secretariat Service
o Union Territories Administrative Service
o Union Territories Police Service
State Civil Services
o Each state has its own civil service
o State level civil services include
o State Civil/Administrative Service
o State Police Service
o State Forest Service
o Public Works Department

UNION PUBLIC SERVICE COMMISSION (UPSC)
o The UPSC is a constitutional body authorised to conduct exams for appointment to the civil services. It was
established under Part XIV of the Constitution
o The Constitution provides for a Public Service Commission for the Union and a Public Service Commission for
every state
o The first Public Service Commission was set up in 1926, with the aim of indigenising the civil services
o The Government of India Act 1935 provided for the establishment of a Federal Public Service Commission and
Provincial Public Service Commissions
Membership to the Commission
o The Chairman and other members of the UPSC are appointed by the President of India
o At least half the members are civil servants with at least 10 years experience in Central or state services
o The tenure of each member is six years or age 65, whichever is earlier
o Members of the UPSC can be removed by the President on charges of misbehaviour, if these charges are upheld
by the Supreme Court
Functions of the UPSC
o Recruitment to services and posts under the Union Government through conduct of competitive exams
o Recruitment to services and posts under the Union Government by direct selection. This type of recruitment is
done to fill immediate/irregular job vacancies.
o Advice on the suitability of officers for appointment, promotion and transfer
o Advice the government on all matters relating to recruitment to various posts and services
o Handle disciplinary cases related to different civil services

Indian Polity

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UPSC IAS :: Review Notes :: General Studies :: Indian Polity #1

Constitutional evolution under British rule

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