BASIC POLITY

Indian Constitution
The Indian Constitution is the supreme law of the country that lays down the framework for the governance
of India. It was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26
January 1950. It replaced the Government of India Act 1935 and made India a sovereign, democratic, and
republic nation. The Indian Constitution is the longest written constitution in the world, with 395 articles, 22
parts, and 12 schedules. It has been amended 103 times till date.

The Indian Constitution has its historical roots in the colonial past and the freedom struggle of India. Various
constitutional proposals and resolutions were made by the Indian National Congress and other leaders during
the 1930s and 1940s, such as the Nehru Report, the Karachi Resolution, and the Bombay Plan. These formed
the basis for the Constituent Assembly, which was elected in 1946 to draft a new constitution for
independent India. The Constituent Assembly was composed of 389 members, representing all the provinces
and princely states of India. It was chaired by Dr. B. R. Ambedkar, who is regarded as the chief architect of the
Constitution. The Constituent Assembly took almost three years to complete its historic task of drafting the
Constitution, with the help of various committees and experts. The Constitution was influenced by the
constitutional models and principles of various countries, such as the United Kingdom, the United States,
Ireland, Canada, Australia, France, Germany, Japan, and the Soviet Union.

The Indian Constitution has several distinctive features that make it unique and remarkable. Some of these
features are:

Preamble: The Preamble is the introductory part of the Constitution that declares India as a sovereign,
socialist, secular, and democratic republic. It also states the objectives of the Constitution, such as justice,
liberty, equality, fraternity, and dignity of the individual. The Preamble is considered as the soul and essence
of the Constitution.

Fundamental Rights: The Fundamental Rights are the basic human rights guaranteed to the citizens of India
by the Constitution. They are enshrined in Part III of the Constitution, which is considered as the Magna Carta
of India. The Fundamental Rights include the right to equality, the right to freedom, the right against
exploitation, the right to freedom of religion, the right to cultural and educational rights, and the right to
constitutional remedies. The Fundamental Rights are enforceable by the courts and can be suspended only
during a national emergency.
Directive Principles of State Policy: The Directive Principles of State Policy are the guidelines for the state to
follow in making policies and laws for the welfare of the people. They are enshrined in Part IV of the
Constitution, which is inspired by the Irish Constitution. The Directive Principles include the principles of
social justice, economic democracy, environmental protection, international peace, and promotion of the
Gandhian ideals. The Directive Principles are not enforceable by the courts, but are fundamental in the
governance of the country.

Fundamental Duties: The Fundamental Duties are the moral obligations of the citizens of India towards the
nation and society. They are enshrined in Part IVA of the Constitution, which was added by the 42nd
Amendment in 1976. The Fundamental Duties include the duty to respect the Constitution, the national flag,
and the national anthem, the duty to cherish the rich heritage and culture of India, the duty to protect the
environment and public property, the duty to promote the spirit of common brotherhood and harmony, and
the duty to strive for excellence in all spheres of life. The Fundamental Duties are not enforceable by the
courts, but are expected to be followed by the citizens.

Parliamentary System: The Indian Constitution establishes a parliamentary system of government, which is
based on the British model. The Parliament consists of the President, the Rajya Sabha (the upper house), and
the Lok Sabha (the lower house). The President is the nominal head of the state, while the Prime Minister is
the real head of the government. The Prime Minister is the leader of the majority party or coalition in the Lok
Sabha, and is appointed by the President. The Prime Minister and the Council of Ministers are collectively
responsible to the Lok Sabha, and can be removed by a vote of no-confidence. The Rajya Sabha represents
the states and union territories of India, and has some special powers in relation to the subjects in the State
List. The Lok Sabha represents the people of India, and has more powers than the Rajya Sabha in relation to
the subjects in the Union List and the Concurrent List. The Parliament is the supreme legislative body of the
country, and can make laws on any subject within its competence. The Parliament also exercises control over
the executive and the finances of the country.

Federal System: The Indian Constitution establishes a federal system of government, which is based on the
Canadian model. The federal system divides the powers and functions of the government between the
Centre and the States. The Constitution provides for a three-fold distribution of legislative subjects: the Union
List, the State List, and the Concurrent List. The Union List contains 97 subjects on which the Parliament has
exclusive power to make laws, such as defence, foreign affairs, currency, etc. The State List contains 66
subjects on which the State Legislatures have exclusive power to make laws, such as police, public order,
agriculture, etc. The Concurrent List contains 47 subjects on which both the Parliament and the State
Legislatures can make laws, such as education, health, electricity, etc. In case of a conflict between the laws
made by the Parliament and the State Legislatures on a subject in the Concurrent List, the law made by the
Parliament prevails. The Constitution also provides for the division of financial resources between the Centre
and the States, through various taxes, duties, grants, loans, etc. The Constitution also provides for the
division of administrative relations between the Centre and the States, through various provisions, such as
the appointment of the Governor, the All India Services, the emergency provisions, etc. The Constitution also
provides for the division of judicial relations between the Centre and the States, through the establishment of
the Supreme Court, the High Courts, and the subordinate courts. The Constitution also provides for the
integration and coordination of the federal units, through various institutions, such as the Inter-State Council,
the Finance Commission, the National Development Council, etc. The Indian federal system is also known as a
quasi-federal system, as it has some unitary features, such as a strong Centre, a single Constitution, a single
citizenship, a flexible Constitution, etc.

Basic Structure Doctrine: The Basic Structure Doctrine is a judicial principle that emerged from the landmark
case of Kesavananda Bharati v. State of Kerala in 1973. The doctrine holds that the Parliament has the power
to amend any part of the Constitution, except the basic structure or the essential features of the Constitution.
The doctrine was devised to protect the core values and principles of the Constitution from being altered or
destroyed by the Parliament. The doctrine also limits the amending power of the Parliament under Article
368 of the Constitution. The doctrine has been invoked by the Supreme Court in several cases to strike down
or uphold various constitutional amendments. The doctrine is considered as a part of the constitutional law
of India, and has been accepted by the Parliament and the Government. The doctrine has also been praised
and criticized by various scholars and experts. The doctrine has not been defined or enumerated by the
Supreme Court, and has been evolving through various judgments. Some of the elements of the basic
structure that have been identified by the Supreme Court are:

Supremacy of the Constitution

Sovereignty, unity, and integrity of India

Democratic and republican form of government

Secular and federal character of the Constitution

Separation of powers and judicial review

Fundamental rights and human rights

Rule of law and equality

Harmony and balance between the fundamental rights and the directive principles

Free and fair elections and parliamentary democracy

Independence of the judiciary and the basic features of the judicial process

Dignity and freedom of the individual

Social justice and welfare of the people

Preamble and the spirit of the Constitution

Parliament

Structure and Composition

Parliament consists of three parts: the President, the Rajya Sabha (Council of States), and the Lok Sabha
(House of the People).

The President is the head of the Parliament and has the power to summon, prorogue, or dissolve either
house. The President also gives assent to the bills passed by Parliament and issues ordinances when
Parliament is not in session.

The Rajya Sabha has a maximum strength of 250 members, out of which 12 are nominated by the President
and the rest are elected by the state and union territory legislatures. The Rajya Sabha represents the
interests of the states and has a term of six years, with one-third of its members retiring every two years.

The Lok Sabha has a maximum strength of 552 members, out of which 530 are elected by the people of the
states and 20 are elected by the people of the union territories. The Lok Sabha represents the will of the
people and has a term of five years, or until dissolved by the President.

Officers and Committee

Officers and committees of Parliament are important for the smooth and efficient functioning of the
Parliament. They assist in various matters related to the legislative, financial, and administrative aspects of
the Parliament. Here is some information about them:

Officers of Parliament: These are the presiding officers and other officials who are responsible for conducting
the business of the Parliament and maintaining order and decorum in the houses. They include:

The Speaker and the Deputy Speaker of the Lok Sabha: They are elected by the members of the Lok Sabha
from among themselves. The Speaker is the chief presiding officer of the Lok Sabha and has various powers
and functions, such as maintaining order and discipline, regulating debates, deciding on points of order,
giving rulings, adjourning or suspending the house, etc. The Deputy Speaker performs the duties of the
Speaker in his absence or when he vacates the chair.

The Chairman and the Deputy Chairman of the Rajya Sabha: They are elected by the members of the Rajya
Sabha from among themselves. The Chairman is the Vice-President of India and the ex-officio presiding
officer of the Rajya Sabha. He has similar powers and functions as the Speaker of the Lok Sabha, except that
he does not have a casting vote in case of a tie. The Deputy Chairman performs the duties of the Chairman in
his absence or when he vacates the chair.

The Secretary-General of the Lok Sabha and the Rajya Sabha: They are the chief executive officers of the
secretariats of the respective houses. They are appointed by the Speaker and the Chairman respectively and
hold office till the age of 65 years. They assist the presiding officers in conducting the business of the houses
and provide advice on parliamentary procedures and rules. They also supervise the staff and services of the
secretariats and act as the custodians of the records and documents of the houses.
The Leader of the House and the Leader of the Opposition: They are the leaders of the majority party or
coalition and the largest minority party or coalition in the respective houses. They play an important role in
coordinating the business of the houses and facilitating the smooth functioning of the parliamentary
democracy. They also represent their parties or coalitions in various parliamentary forums and committees
and participate in debates and discussions on various issues.

The Panel of Chairpersons and the Panel of Vice-Chairpersons: They are panels of members nominated by the
Speaker and the Chairman respectively from among the members of the respective houses. They act as
presiding officers in the absence of the Speaker, the Deputy Speaker, the Chairman, and the Deputy
Chairman. They have the same powers and functions as the regular presiding officers when they are in the
chair.

Committees of Parliament: These are the bodies appointed, elected, or nominated by the Parliament or the
presiding officers to deal with various matters that cannot be directly handled by the houses due to their
volume or complexity. They also monitor the functioning of the executive branch and hold it accountable to
the Parliament. They are of two kinds: standing or permanent committees and ad hoc or temporary
committees. They include:

Financial Committees: These are the committees that deal with the financial affairs of the government and
the Parliament. They include the Public Accounts Committee, the Estimates Committee, and the Committee
on Public Undertakings. They examine the budget, the accounts, the audit reports, and the performance of
the public sector enterprises and ensure the financial accountability and transparency of the executive
branch.

Departmental Standing Committees: These are the committees that deal with the matters related to the
various departments or ministries of the government. There are 24 such committees, each covering one or
more departments or ministries. They examine the demands for grants, the bills, the annual reports, and the
policies of the respective departments or ministries and make recommendations to the Parliament and the
government.

Committees to Inquire: These are the committees that deal with the matters related to the petitions, the
privileges, and the ethics of the members of the Parliament. They include the Committee on Petitions, the
Committee of Privileges, and the Ethics Committee. They inquire into the grievances, the complaints, the
breaches, and the conduct of the members and report their findings and recommendations to the Parliament
or the presiding officers.

Committees to Scrutinise and Control: These are the committees that deal with the matters related to the
government assurances, the subordinate legislation, the papers laid on the table, and the welfare of the
scheduled castes, the scheduled tribes, and the women. They include the Committee on Government
Assurances, the Committee on Subordinate Legislation, the Committee on Papers Laid on the Table, the
Committee on Welfare of SCs and STs, and the Committee on Empowerment of Women. They scrutinise and
control the actions and the policies of the executive branch and ensure their compliance with the
constitutional and statutory provisions and the parliamentary resolutions and directions.
Committees Relating to the Day-to-Day Business of the House: These are the committees that deal with the
matters related to the agenda, the rules, the private members’ bills and resolutions, and the absence of the
members from the sittings of the houses. They include the Business Advisory Committee, the Rules
Committee, the Committee on Private Members’ Bills and Resolutions, and the Committee on Absence of
Members from Sittings of the House. They facilitate the smooth and orderly conduct of the business of the
houses and ensure the participation and the attendance of the members.

House-Keeping Committees or Service Committees: These are the committees that deal with the matters
related to the general purposes, the accommodation, the library, the salaries and allowances, and the offices
of profit of the members of the Parliament. They include the General Purposes Committee, the House
Committee, the Library Committee, the Joint Committee on Salaries and Allowances of Members, and the
Joint Committee on Offices of Profit. They provide various facilities and services to the members and
safeguard their interests and privileges.

Ad Hoc Committees: These are the committees that are created on a temporary basis for a specific purpose
and are dissolved after they complete the task assigned to them. They are of two types: inquiry committees
and advisory committees. Inquiry committees are appointed to inquire into a specific matter of public
importance or a scandal and report their findings and recommendations to the Parliament or the presiding
officers. Advisory committees are appointed to advise the Parliament or the government on a specific policy
or legislation and report their views and suggestions to the Parliament or the government.

Legislative Procedure

The legislative procedure in Parliament is the process by which a bill, or a proposed law, is passed by both
houses and becomes an act, or a law. The legislative procedure involves the following stages:

Introduction: A bill can be introduced by a minister (government bill) or by any other member (private
member bill) in either house of Parliament, except for money bills, which can only be introduced in the Lok
Sabha. The bill is published in the official gazette and assigned a number.

First Reading: The bill is read for the first time and the member who introduced it explains its main features
and objectives. The house may either accept or reject the motion for leave to introduce the bill, or refer it to
a select committee or a joint committee for detailed examination.

Second Reading: The bill is read for the second time and the house debates on its general principles and
provisions. The members can propose amendments to the bill, which are voted upon by the house. The bill
may be passed as a whole or clause by clause.

Third Reading: The bill is read for the third time and the member who introduced it moves for its passage.
The house votes on the final version of the bill, without any further amendments. The bill is then transmitted
to the other house for its concurrence.

Other House: The bill follows the same procedure in the other house as in the first house, except for money
bills, which are sent to the Rajya Sabha for its recommendations, which the Lok Sabha may accept or reject. If
the bill is passed by both houses without any amendments, it is sent to the President for his assent. If the bill
is amended by the other house, it is sent back to the first house for its approval. If the bill is rejected or not
passed by the other house within six months, or if there is a deadlock between the two houses over the
amendments, the President may summon a joint sitting of both houses to resolve the matter. The bill is
passed by a simple majority of the total number of members present and voting in the joint sitting.

President’s Assent: The bill is presented to the President for his assent after it is passed by both houses or by
the joint sitting. The President may give his assent, withhold his assent, or return the bill (except money bills)
for reconsideration of the houses. If the bill is passed again by the houses with or without amendments, the
President must give his assent. The bill becomes an act after the President’s assent and is published in the
official gazette.

Budget and Financial Control

Budget and financial control of Parliament are the ways by which the Parliament exercises its power over the
finances of the government. The Constitution ensures that the government is accountable to the Parliament
in its financial management. The Parliament has two stages of financial oversight: (1) at the time of
presentation of the annual budget, and (2) reviewing the government’s budget implementation efforts
through the year.

The budget is the annual financial statement of the government, which shows its estimated receipts and
expenditure for a fiscal year. The budget is presented by the Finance Minister to the Parliament during the
Budget Session, usually in February. The budget consists of various documents, such as the Annual Financial
Statement, the Budget at a Glance, the Expenditure Budget, the Receipts Budget, the Finance Bill, and the
Medium Term Fiscal Strategy Document.

The Parliament enacts the budget by passing two types of bills: the Finance Bill and the Appropriation Bill.
The Finance Bill contains the proposals of the government to levy, alter, or abolish taxes. The Appropriation
Bill authorises the government to withdraw money from the Consolidated Fund of India to meet its
expenditure. The Parliament also discusses and votes on the demands for grants of various ministries and
departments. The Parliament can reduce or reject the demands for grants, but cannot increase them.

The Parliament reviews the budget implementation of the government by examining the accounts, the audit
reports, and the performance of the public sector enterprises. The Parliament also appoints various financial
committees, such as the Public Accounts Committee, the Estimates Committee, and the Committee on Public
Undertakings, to scrutinise and control the financial affairs of the government. These committees ensure the
financial accountability and transparency of the executive branch.

Privileges and Immunities

Privileges and immunities of Parliament are the special rights and exemptions enjoyed by the two Houses of
Parliament, their committees, and their members. They are necessary to enable them to perform their
functions effectively and independently, without any interference or obstruction from the executive or the
judiciary.

Some of the privileges and immunities of Parliament are:

Freedom of speech and expression: The members of Parliament have the right to speak freely and frankly on
any matter in the House, without any fear of civil or criminal liability. However, they are subject to the rules
and orders of the House, the constitutional provisions, and the parliamentary conventions.

Freedom from arrest: The members of Parliament are immune from arrest in any civil case during the session
of the House and 40 days before and after the session. They are also immune from arrest within the precincts
of the House without the permission of the House. However, they can be arrested on criminal charges or
under preventive detention laws.

Right to regulate internal affairs: The Parliament has the exclusive right to regulate its own proceedings,
agenda, rules, and discipline. It can also punish any member or outsider for contempt of the House or breach
of privilege.

Right to receive and publish papers: The Parliament has the right to receive and publish any information,
document, or report related to its business. It can also prohibit the publication of any such information by
others.

Right to exclude strangers: The Parliament has the right to exclude strangers (non-members) from its
proceedings or galleries. It can also prohibit the media from reporting or broadcasting its proceedings.

State Legislature vs Parliament

State legislature is the law-making body of a state, while parliament is the law-making body of the country.
State legislature has more power over the subjects in the state list and the concurrent list, while parliament
has more power over the subjects in the union list and the concurrent list.

State legislature is mostly unicameral, meaning it has only one house, which is the legislative assembly. Only
six states have bicameral legislature, meaning they have two houses, which are the legislative assembly and
the legislative council. Parliament is bicameral, meaning it has two houses, which are the lok sabha and the
rajya sabha.

State legislature consists of the governor and the houses, while parliament consists of the president and the
houses. The governor and the president have similar roles and powers in relation to the state legislature and
the parliament, such as summoning, proroguing, dissolving, giving assent, issuing ordinances, etc.
State legislature has different officers and committees than parliament. The officers of state legislature
include the speaker, the deputy speaker, the chairman, the deputy chairman, the leader of the house, and
the leader of the opposition. The officers of parliament include the same, except for the chairman and the
deputy chairman, who are the vice-president and the deputy chairman of the rajya sabha respectively. The
committees of state legislature include the financial committees, the departmental standing committees, the
committees to inquire, the committees to scrutinise and control, the committees relating to the day-to-day
business of the house, and the house-keeping committees. The committees of parliament include the same,
except for the departmental standing committees, which are replaced by the parliamentary standing
committees.

State legislature has similar legislative procedure as parliament, except for some differences. The main
difference is that state legislature does not have joint sitting of both houses in case of a deadlock over a bill,
while parliament does. Another difference is that the governor can reserve certain bills for the consideration
of the president, while the president cannot do so for the bills passed by parliament. A third difference is that
the president can direct the state legislature to enact a law on a subject in the state list, while the state
legislature cannot do so for the parliament.

State legislature has similar budget and financial control as parliament, except for some differences. The
main difference is that the state legislature does not have the power to levy taxes on the subjects in the
union list, while parliament does. Another difference is that the state legislature does not have the power to
grant money for the defence and foreign affairs of the country, while parliament does. A third difference is
that the state legislature is subject to the control and supervision of the governor and the president, while
parliament is not.

State legislature has similar privileges and immunities as parliament, except for some differences. The main
difference is that the state legislature does not have the power to punish for contempt of parliament, while
parliament does. Another difference is that the state legislature does not have the power to exclude
strangers from its proceedings or galleries, while parliament does. A third difference is that the state
legislature does not have the power to prohibit the publication of its papers and proceedings by others, while
parliament does.

Organs of Government

The President

The President of India has various powers and functions, which can be classified into the following categories:

Executive powers: The President appoints and removes high dignitaries of the state, such as the Prime
Minister, the judges of the Supreme Court and the High Courts, the governors of the states, and the
Attorney-General of India. He also acts on the aid and advice of the Prime Minister and the Council of
Ministers, except in some matters where he can act independently2.
Legislative powers: The President summons and prorogues the sessions of the Parliament, dissolves the Lok
Sabha, and gives assent or withholds assent to bills passed by the Parliament. He also has the power to issue
ordinances when the Parliament is not in session3.

Financial powers: The President causes the annual budget to be laid before the Parliament, and authorizes
the withdrawal of money from the Consolidated Fund of India. He also appoints the Finance Commission,
which recommends the distribution of revenues between the Centre and the states4.

Judicial powers: The President grants pardons, reprieves, respites, or remissions of punishment to persons
convicted of any offence. He also appoints the Chief Justice and other judges of the Supreme Court and the
High Courts5.

Diplomatic powers: The President represents India in international affairs and negotiates treaties and
agreements with foreign countries. He also appoints the ambassadors and high commissioners of India to
other countries.

Military powers: The President is the supreme commander of the defence forces of India. He appoints the
chiefs of the Army, Navy, and Air Force. He also declares war and peace, subject to the approval of the
Parliament.

Emergency powers: The President can declare three types of emergencies: national emergency, state
emergency, and financial emergency. During an emergency, he can suspend the fundamental rights of the
citizens, dissolve the state governments, and impose President’s rule in the states.

Prime Minister

the prime minister is the head of the government and the leader of the majority party or coalition in the
parliament. The prime minister has the following powers and functions:

He/she appoints and removes the cabinet ministers and allocates portfolios to them.

He/she presides over the meetings of the cabinet and influences its decisions.

He/she is the chief adviser to the president and communicates the decisions of the cabinet to him/her.

He/she is the leader of the lower house and can propose bills and policies.

He/she represents the country in international affairs and negotiates treaties and agreements with foreign
countries.

He/she is the head of various departments and committees, such as the Department of Atomic Energy, the
Department of Space, the NITI Aayog, and the Nuclear Command Authority.

He/she can ask for a vote of confidence or dissolve the Lok Sabha.
Chief Minister

the chief ministers are the heads of the state governments and the leaders of the majority parties or
coalitions in the state legislatures. The chief ministers have the following powers and functions:

They advise the governors to appoint and remove the ministers of the state cabinets and allocate portfolios
to them.

They preside over the meetings of the state cabinets and influence their decisions.

They communicate to the governors all the decisions of the state cabinets relating to the administration of
the states and provide any information that the governors may require.

They propose bills and policies in the state legislatures and maintain the support of the majority of the
members.

They represent the states in inter-state and national affairs and negotiate with the central government and
other states on various issues.

They head various state departments and committees, such as the State Planning Board, the State Disaster
Management Authority, and the State Development Council.

They can ask for a vote of confidence or dissolve the state legislative assembly.

The Cabinet

The cabinet is a group of senior ministers who are appointed by the prime minister and are collectively
responsible for the government’s policies and actions. The cabinet is the highest authority for decision-
making in the country’s political and administrative system. It serves as the primary body for formulating
government policy at the Central level. The cabinet has various powers and functions, such as:

Determining the legislative and financial agenda of the parliament

Implementing and monitoring the government’s policies and programmes

Coordinating and resolving interdepartmental and inter-state issues

Advising the president on important matters and issuing ordinances

Appointing and removing high dignitaries of the state

Representing India in international affairs and negotiating treaties and agreements

Declaring and managing emergencies and suspending fundamental rights

Leading and directing the defence forces of the country

State Governor

The governor is the head of the state executive and the constitutional head of the state. He is appointed by
the president of India for a term of five years. He acts on the aid and advice of the chief minister and the
council of ministers, except in some matters where he can act independently or with discretion. He has
executive, legislative, financial, and judicial powers, as well as some special responsibilities for the
administration of the state. Some of his powers and functions are:

He appoints the chief minister, the council of ministers, the advocate general, and the members of the state
public service commission.

He summons and prorogues the sessions of the state legislature, dissolves the legislative assembly, and gives
assent or withholds assent to bills passed by the state legislature.

He can issue ordinances when the state legislature is not in session, subject to the approval of the president.

He can grant pardons, reprieves, respites, or remissions of punishment to persons convicted of any offence
against state laws.

He can make rules for the allocation of business among the ministers and for the transaction of business of
the state government.

He can reserve any bill passed by the state legislature for the consideration of the president, if he deems it
necessary in the public interest.

He can recommend the imposition of the president’s rule in the state, if he is satisfied that the constitutional
machinery has broken down in the state.

He can exercise special powers in relation to the administration of scheduled areas and tribal areas in the
state, as per the provisions of the Fifth and Sixth Schedules of the Constitution.

The State Legislature

A state legislator is a member of a state legislature, which is a representative governing body that makes laws
for a state. A state legislature can have one or two houses, depending on the type of government system in
the state. In India, there are 28 states and 8 union territories, out of which 6 states have bicameral
legislatures (two houses) and the rest have unicameral legislatures (one house). The two houses of a
bicameral state legislature are the legislative assembly (lower house) and the legislative council (upper
house). The members of the state legislature are elected by the people of the state, either directly or
indirectly.
The role and function of a state legislator are to:

Research, write, and pass legislation on the state list and concurrent list of the constitution.

Represent their districts and work to meet requests for help from citizens within it.

Perform an oversight function for the executive branch of the state government.

Approve the state budget and monitor the expenditure of the state government.

Participate in debates and discussions on various issues affecting the state and the nation.

Serve on various committees and subcommittees of the state legislature.

Supreme Court

The Supreme Court of India is the highest judicial authority in the country and the guardian of the
Constitution. It has the following roles and functions:

It hears and decides appeals from lower courts on constitutional, civil, criminal, and other matters of national
importance.

It settles disputes between the centre and the states, or between two or more states, or between the centre
and any state or states on one side and one or more states on the other side.

It issues writs for the enforcement of fundamental rights and other legal rights of citizens.

It reviews the validity of laws and executive actions and strikes down those that are inconsistent with the
Constitution.

It gives advisory opinions to the President on any question of law or fact of public importance.

It acts as the final interpreter and protector of the Constitution and upholds its supremacy.

Union and The States

The structure, organization and functioning of the Union(Central Government) and the states of India are
based on the federal system of government, where the power is divided between the central and the state
governments. The Constitution of India provides a clear demarcation of the subjects on which the Union and
the states can legislate and administer. These subjects are classified into three lists: the Union list, the State
list, and the Concurrent list.
The Union list contains 97 subjects on which the Union government has exclusive authority, such as defence,
foreign affairs, currency, railways, etc. The State list contains 66 subjects on which the state governments
have exclusive authority, such as public order, police, agriculture, health, etc. The Concurrent list contains 47
subjects on which both the Union and the state governments can legislate, such as education, electricity,
labour, etc. However, in case of a conflict between the Union and the state laws on a concurrent subject, the
Union law prevails.

The Union government consists of three organs: the executive, the legislature, and the judiciary. The
executive organ comprises the President, the Vice-President, the Prime Minister, and the Council of Ministers.
The President is the head of the state and the supreme commander of the armed forces. He acts on the aid
and advice of the Prime Minister and the Council of Ministers, who are collectively responsible to the
Parliament. The Parliament is the legislative organ of the Union government, which consists of two houses:
the Lok Sabha (the lower house) and the Rajya Sabha (the upper house). The Lok Sabha is directly elected by
the people, while the Rajya Sabha is indirectly elected by the state legislatures. The Parliament enacts laws
on the subjects in the Union and the Concurrent lists, and also approves the budget and oversees the
executive. The judiciary organ comprises the Supreme Court, which is the highest court of the country and
the guardian of the Constitution. It hears appeals from the lower courts and settles disputes between the
Union and the states, or between two or more states. It also reviews the validity of laws and executive
actions and protects the fundamental rights of the citizens.

The state governments also consist of three organs: the executive, the legislature, and the judiciary. The
executive organ comprises the Governor, the Chief Minister, and the Council of Ministers. The Governor is
appointed by the President and acts as his representative in the state. He acts on the aid and advice of the
Chief Minister and the Council of Ministers, who are collectively responsible to the state legislature. The state
legislature is the legislative organ of the state government, which can be either unicameral (one house) or
bicameral (two houses), depending on the state. The unicameral state legislature consists of only the
legislative assembly, while the bicameral state legislature consists of the legislative assembly and the
legislative council. The legislative assembly is directly elected by the people, while the legislative council is
indirectly elected by the local bodies, graduates, teachers, etc. The state legislature enacts laws on the
subjects in the State and the Concurrent lists, and also approves the state budget and oversees the state
executive. The judiciary organ comprises the High Court, which is the highest court of the state and the
subordinate courts. The High Court hears appeals from the lower courts and supervises their functioning. It
also reviews the validity of state laws and executive actions and protects the fundamental rights of the
citizens.

Representation of People's Act 1951

The Representation of Peoples Act is a law that regulates the elections in India. It was passed by the
Parliament in 1951, after the first general elections in 1950. The act has several features, such as:
It provides for the qualifications and disqualifications of candidates and voters.

It defines the corrupt practices and offences related to elections and prescribes penalties for them.

It establishes the procedure for filing and hearing election petitions and appeals.

It lays down the code of conduct for political parties and candidates.

It empowers the Election Commission of India to supervise and conduct the elections.

Fundamental Rights and Duties

Fundamental rights and duties are an important part of the Indian constitution. They are the basic human
rights and obligations of the citizens and the state. They are meant to ensure a balance between individual
liberty and social responsibility.

Fundamental rights are the rights guaranteed to the citizens of India by the constitution. They are essential
for the development of an individual’s personality and dignity. They are also enforceable by the courts,
subject to certain restrictions. The constitution of India grants six fundamental rights to its citizens, which are:

Right to Equality: It ensures that all individuals are equal before the law and prohibits discrimination based on
caste, race, religion, sex or place of birth. It also provides for equality of opportunity in public employment
and abolition of untouchability and titles.

Right to Freedom: It grants certain freedoms to the citizens, such as freedom of speech and expression,
freedom of assembly, freedom of association, freedom of movement and freedom of residence. It also
includes the right to practice any profession and the protection against arbitrary arrest and detention.

Right against Exploitation: It protects the citizens from exploitation by prohibiting forced labour, child labour
and human trafficking. It also provides for the protection of the interests of workers and children.

Right to Freedom of Religion: It guarantees the freedom of conscience and the right to profess, practice and
propagate any religion. It also allows the citizens to manage their religious affairs and pay taxes for the
promotion of their religion.

Cultural and Educational Rights: It preserves the right of the minorities to conserve their culture, language
and script. It also grants them the right to establish and administer educational institutions of their choice.

Right to Constitutional Remedies: It empowers the citizens to approach the Supreme Court or the High Courts
for the enforcement of their fundamental rights. It also authorizes the courts to issue writs for the protection
of these rights.
Fundamental duties are the duties imposed on the citizens of India by the constitution. They are moral
obligations that are expected to be followed by every citizen. They are not enforceable by the courts, but
they can be used to interpret the constitution and the laws. The constitution of India prescribes eleven
fundamental duties to its citizens, which are:

To abide by the constitution and respect its ideals and institutions, the national flag and the national anthem.

To cherish and follow the noble ideals that inspired the national struggle for freedom.

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

To defend the country and render national service when called upon to do so.

To promote the spirit of common brotherhood among all the people of India and renounce practices
derogatory to the dignity of women.

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

To protect and improve the natural environment and have compassion for living creatures.

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

To safeguard public property and abjure violence.

To strive towards excellence in all spheres of individual and collective activity.

To provide opportunities for education to one’s child or ward between the age of six and fourteen years.

DPSP - Directive Principles of State Policy

DPSP stands for Directive Principles of State Policy. These are the guidelines for the state which it must
consider while formulating new laws and policies for the country. They are part of the Indian Constitution,
under Part IV (Article 36-51). They aim to ensure social, economic and political justice and to establish India
as a welfare state. However, they are not legally enforceable by the courts, unlike the Fundamental Rights.
They are classified into three types: socialist, Gandhian and liberal-intellectual principles.

Civil Services
Civil services are the permanent and impartial executive branch of the government that carries out the
administration, policy formulation, and policy implementation for the welfare and development of the
country. Civil services are accountable to the political executive, the ministers, who are elected by the people.
Civil services also act as a bridge between the people and the government, and provide essential services to
the citizenry. Civil services play a vital role in ensuring social, economic and political justice, and upholding
the constitutional values of the country.

Judicial Doctrine
Indian Judicial Doctrines and principles are the concepts and positions that are applied and upheld by the
courts of law in India. They are derived from the interpretation of the Indian Constitution and other legal
sources by the judiciary. They help to resolve the conflicts and disputes that arise in the legal system and to
protect the rights and values of the people. Some of the important Indian Judicial Doctrines and principles
are:

Doctrine of Basic Structure: This doctrine states that the Constitution of India has certain basic features that
cannot be altered or destroyed by the amendments of the Parliament. These features include democracy,
federalism, secularism, judicial independence, etc. This doctrine was first expressed in the case of
Kesavananda Bharati v. The State of Kerala (1973) 1.

Doctrine of Harmonious Construction: This doctrine states that the words of the Constitution should be
interpreted in a way that avoids any conflict or inconsistency between different provisions or lists. The courts
should try to bring harmony and balance between the different parts of the Constitution and respect the
intention of the framers. This doctrine was applied in the case of Tika Ramji vs the State of UP (1956) 2.

Doctrine of Eclipse: This doctrine states that if any law becomes inconsistent with the Fundamental Rights, it
does not become void or dead, but only becomes dormant or inactive. It remains in the statute book, but is
overshadowed by the Fundamental Rights. It can be revived or reactivated if the inconsistency is removed by
a constitutional amendment or a judicial decision. This doctrine was first applied in the case of Bhikaji vs
State of Madhya Pradesh (1955) 1.

Doctrine of Pith and Substance: This doctrine states that the true nature and essence of a law should be
determined by looking at its main object and purpose, and not by its incidental or superficial effects. This
doctrine helps to resolve the disputes between the Union and the State governments over the legislative
competence and jurisdiction. This doctrine was applied in the case of State of Bombay Vs. F.N. Balsara (1951)
1.

Doctrine of Colourable Legislation: This doctrine states that the legislature cannot do indirectly what it
cannot do directly. This doctrine prevents the misuse or abuse of the legislative power by the legislature. It
implies that the legislature cannot enact a law that is beyond its constitutional limits or that violates the
Fundamental Rights. This doctrine was applied in the case of State of Bihar v. Kameshwar Singh (1952).

There are many other Indian Judicial Doctrines and principles, such as the Doctrine of Severability, the
Doctrine of Territorial Nexus, the Doctrine of Laches, the Doctrine of Pleasure, etc.