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5 Editorial 61 Elections (Art. 324-343) 7 Indian Constitution and Political System : 61 Special Provision Relating to Certain Facts to be Remembered Classes 20 The Indian Political System and the 62 Official Language Constitution 63 Emergency Provisions 20 The Background 65 Protection of President and Governors from 21 Major Characteristics of the Constitution Legal Proceedings 24 A Brief History of Constitutional Development 65 Amendment of the Constitution 26 The Framing of the Indian Constitution 65 Temporary Provisions with respect to the 27 Indian Constitution : A Brief Introduction State of Jammu and Kashmir 27 Part I : The Union and its Territory (Art. 1– 4) 66 Commencement of the Constitution 27 Part II : Citizenship (Art. 5 –11) 67 Schedules 28 Part III : Fundamental Rights (Art. 12– 35) 67 Appendices 28 Right to Equality (Art. 14–18) 68 The Constitutional Amendment Acts 29 Right to Freedom (Art. 19–22) (1951–2012) 31 Part IV : Directive Principles of State Policy (Art. 74 Indian Political System 36–51) 78 Nature of the Indian Political System 32 Part IV A : Fundamental Duties (Art. 51A) 81 Fundamental Rights 32 The President 87 Directive Principles of State Policy 33 The Vice-President of 88 Implementation of Directive Principles of 34 Council of Ministers State Policy 35 Parliament : Union Legislature 89 Human Rights Issues in India 36 Officers of Parliament 93 Nature of Indian Federal System and its Evaluation 41 The Union Judiciary (Art. 124–147) 95 Centre-State Relations 43 Comptroller and Auditor General of India (Art. 98 Efforts for the Improvement of Centre-State 148–151) Relations 44 Part VI : The States 100 Inter-State Relations 48 High Courts in the States 101 Reorganisation of States 49 Subordinate Courts 102 Election of the President : Its Process and 49 The Union Territories Politics 50 Panchayats (Art. 243–243-O) 105 Election of the Vice- 53 The Municipalities (Art. 243 P–243 ZG) 113 Council of Ministers 57 Relations between the Union and the States 114 Position of the Prime Minister 59 Services under the Union and the States 115 Indian Parliament

Indian Polity / 3 116 Speaker and Dy. Speaker of the House of the 163 Public Policy in India People 167 Panchayati Raj and Community Development 118 Law Making Procedure Programme 120 Questions in Parliament 168 Organisation of Three Tier Panchayati Raj 127 The Committees of Parliament System 133 Indian Judiciary 173 Political Party System, Pressure Groups, 134 Supreme Court Election Commission and Election Process 139 The Leading Cases of Supreme Court 174 Indian Party System 141 The State Executive 175 Pressure Groups 146 Role and Position of the Chief Minister 176 Election Commission 147 The State Legislature 178 Election Process 150 Civil Services in India : Nature and Role 181 Indian Politics : Style, Nature and Culture 153 Bureaucracy 181 Political Culture 155 The Political Executive (Ministers) vs. The 182 Indian Political Culture Bureaucracy 183 Nature of Indian Politics 155 Generalist vs. Specialist Controversy 186 Important Commissions 156 Committed Bureaucracy 188 Indian Democracy 156 Role of Bureaucracy in Development 189 Political and Constitutional Terminology 158 Governance and Good Governance in India 198 Questions–Answers 159 Planning in India 220 Rules of Procedure and Conduct of 163 Political Impacts of Planned Economic Business in / Development 226 Objective Type Questions

The concurrence of the views of the Editor is not necessary for any matter or figure published in Pratiyogita Darpan. —Editor

Indian Polity / 4 BeBe AwareAware : BBee HappyHappy

Happiness is sought by every- budding youngsters felt happy every creating something new and useful— one, but the search is not focused in centimetre when they kissed the Happiness is like coke, something the right direction. We waste precious noose of the gallows. In short, a per- you get as by-product in the process time seeking happiness in the mirage son experiences happiness, when he of making something else. The of objects, places and people so has the satisfaction of having done reason—one always feels happy much so that some seek happiness with a sense of duty what he believes when he sees that he has created in caves, mountains or on the shifting to be right. At the same time, realisa- something. The great Hindi saint poet sands of deserts, practising severe tion of happiness makes one deta- Tulsidas said who does not like penance. Those who seek happiness ched, silent and contemplative. In the poems written by him whether they in the objective domain, are called philosopher’s language this state of are sweet or not— extroverts. They simply waste their the mind may be called a self-aware- time in wasteless efforts disregarding ness. Once Raman Marshi told to fut d`fo® ds`fg ¥kx u uhd`k ‰ the subject. Kavya Kantha Ganpathi Muni, a ljl gksm vƒok vfr œ`hd`k ‰‰ In fact happiness is a function of Vedic scholar and a devotee of Earl Nightingale said rightly— the subjective. But it is not possible to Shakti, that meditation means just to The happiest people on earth are seek happiness in the subjective be happy. Being conscious of one’s those who are emotionally involved in because subjective cannot become ignorance is meditation. So, our what they do. So two things go to an object of seeking. This means that young men and women will do well make happiness enjoyable—hard to seek happiness in either direction not to feel elated on their gaining work and devotion. If one puts one’s is to miss happiness. knowledge or making achievements. heart and soul into what one does, The more they become conscious of At the same time, happiness is one enjoys that state of conscious- their limitations, the more they would ness which is called bliss. This gives always near us—rather within us. It is be happy and more their path to for us to have it now ? us the all important equation—happi- success would become easy. A great ness is the manifestation of bliss, Suppose we sit to solve a mathe- scientist like Newton used to think which is always within the reach of matical problem. We fail in ten efforts. himself as a child who only sought those, who take work as worship. But succeed in the eleventh one. How pebbles on the sea shore and had not Happiness is not something happy we feel ! At that time we forget dared enter the ocean of knowledge. which can be categorised as subjec- all about our surroundings and even Can happiness be an enduring tive or objectives. It is neither. those ten efforts in which we had to experience in the ups and downs of According to Bulwer—To be happy meet failure. All of us know it full well, actual living ? The answer is both yes one has to forget himself, i.e., he when Archimedes hit upon the idea of and no. If one lives in constant ceases to identify himself with time. density. He left his bathroom and ran awareness, i.e., fully conscious of his A king on waking up told his crying—with no clothes on his body– commitments to life, he is happy. In minister—in my dream, I was a Eureka, Eureka. I am sure, our young case otherwise, he is unhappy. I take butterfly, but on waking I found readers would agree with me that this opportunity to repeat that happi- myself to be a king. Please tell me when we get success in our efforts, ness is not to be sought. It is like a which of these two experiences is the specially after sincere and with one butterfly. The more one chases it, the truth.” The minister replied, “your pointed efforts, we feel happy. So more it eludes him Happiness is highness, doubtless you are king”— happiness lies neither in the objective already here. One may experience it, not a butterfly. The king was not nor in the subjective, it lies within us if he takes the hardships of life with convinced. He said, “how do you which is evoked by doing our work cheer and devotion. know ? It might be that I am the king with full devotion. Had it not been so, Creativity is the core of happi- in the butterfly’s dream.” persons, whom we honour and call ness. As rightly said, we have no great, should not have devoted their more right to consume happiness Obviously, the king was not pre- whole lives in making researches, without producing it. Happiness is not pared to identify himself with the inventions or fighting for country’s in doing, but in liking what you do. In objective or the subjective world. He freedom. Our freedom fighters never the words of Pt. Jawahar Lal Nehru, was quite aware that these experien- felt sorry or bitter for having under- “Happiness and work are wedded ces are quite elusive. gone all sorts of tyrannies or spend- together, for there can be no true To conclude happiness in every- ing the best part of their life behind happiness without feeling that one is day life means walking wakefully in the bars. doing something worthwhile.” A con- this dream world. Self awareness On the other hand, they felt temporary of Nehru Aldous Leonard helps find true happiness. happy and proud for that. Many of our Huxley also connects happiness with ●●●

Indian Polity / 5 At a Glance :

THE ANNUAL SESSIONS OF THE CONGRESS PARTY AND ITS PRESIDENTS SINCE ITS INCEPTION IN 1885

Year Session Place President Year Session Place President 1885 Bombay Womesh Chand Banerjee 1931 Karachi Vallabh Bhai Patel 1886 Calcutta 1932 Delhi R. Amrit Lal 1887 Madras 1933 Calcutta J. M. Sen Gupta 1888 Allahabad George Yule 1934 Bombay 1889 Bombay Sir 1935 Lucknow Rajendra Prasad 1890 Calcutta Frozshah Mehta 1936 Faizpur 1891 Nagpur P. Anand Charlu 1937 Faizpur Jawaharlal Nehru 1892 Allahabad W. C. Banerjee 1938 Haripura Subhash Chandra Bose 1893 Lahore Dadabhai Naoroji 1939 Tripuri Subhash Chandra Bose (Though 1894 Madras Subhash Chandra Bose was elected, 1895 Poona S. N. Banerjee he had to resign and Rajendra 1896 Calcutta Rahimtulla Sayani Prasad was appointed in his place.) 1897 Amravati C. S. Nair 1940-46 Raigarh Maulana 1898 Madras A. M. Bose 1946 — Jawaharlal Nehru 1899 Lucknow R. C. Dutt (July-Sep.) Meerut 1900 Lahore N. G. Chandravarkar 1946-47 Jaipur J. B. Kripalani 1901 Calcutta B. E. Wacha 1948 Jaipur Pattabhi Sitaramaiah 1902 Ahemdabad S. N. Banarjee 1950 Nasik 1903 Madras L. M. Ghosh 1951 Delhi Jawaharlal Nehru 1904 Bombay Sir Henry Cotton 1953 Hyderabad Jawaharlal Nehru 1905 Banaras G. K. Gokhale 1954 Kalyan Jawaharlal Nehru 1906 Calcutta Dadabhai Naoroji 1955 Avadi U. N. Dhebar 1907 Surat Rashbihari Ghosh 1956 Amritsar U. N. Dhebar 1908 Madras Rashbihari Ghosh 1957 Indore U. N. Dhebar 1909 Lahore M. M. Malaviya 1958 Pragjyotishpur U. N. Dhebar 1910 Allahabad Sir William Wdderburn 1959 Nagpur U. N. Dhebar 1911 Calcutta B. N. Dhar 1960 Bangalore 1912 Patna R. M. Madholkar 1961 Bhavnagar N. Sanjiva Reddy 1913 Karachi Syed Mohamad Bahadur 1962 D. Sanjivayya 1914 Madras Bhupendra Nath Basu 1964 Bhubaneshwar K. Kamaraj 1915 Bombay S. P. Sinha 1965 Durgapur K. Kamaraj 1916 Lucknow A. C. Mazumdar 1966 Jaipur K. Kamaraj 1917 Calcutta Mrs. S. Nijalangappa 1918 Bombay (Special Session) Hassan Immam 1968 Bangalore 1918 Delhi (Annual Session) M. M. Malaviya 1969 New Delhi C. Subramaniam 1919 Amritsar 1970 Dew Delhi 1920 Nagpur C. Vijyaragava-chariar 1971 Ahemdabad D. Sanjivayya 1921 Allhabad C. R. Das (In prison) Acting 1972 Calcutta Shankar Dayal Sharma President- 1975 Chandigarh D. K. Barooah 1922 Gaya C. R. Das 1976 New Delhi Brahamananda Reddy 1923 Delhi (Special Session) 1978 New Delhi Indira Gandhi 1923 Kakinada (Annual Session) Mohammad Ali 1983 Calcutta Indira Gandhi 1924 Belgaum 1984 New Delhi 1925 Kanpur 1992 Tirupati P. V. Narsimha Rao 1926 Gauhati S. Srinivas Iyenger 1993 Surajkund P. V. Narsimha Rao 1927 Madras M. A. Ansari 1994 New Delhi P. V. Narsimha Rao 1928 Calcutta Motilal Nehru 1996 New Delhi P. V. Narsimha Rao 1929 Lahore Jawaharlal Nehru 1997 Calcutta Sitaram Kesari 1930 Karachi Jawaharlal Nehru 2001 Bangalore (Till present)

Indian Polity / 6 INDIAN CONSTITUTION AND POLITICAL SYSTEM (Facts to be Remembered)

Pakistan. Thus, the membership of the ● According to Article 394, some of the THE MAKING OF THE Indian Constituent Assembly was re- provisions of the Constitution relating duced to 299 after partition and only to citizenship, elections, provisional CONSTITUTION 284 members signed the Constitution parliament and temporary and transi- on 26 Nov., 1949. tional provisions contained in Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, ● Indian Constitution was framed by a ● The first meeting of the Constituent 380, 388, 391, 392, and 393 came into Constituent Assembly in a long time Assembly was held on Dec. 9, 1946 force on 26th Nov., 1949 and the of 2 years, 11 months and 18 days. It which was boycotted by Muslim remaining provisions of the Con- is the longest Constitution in the League. stitution came into force on 26th Jan., world. An amount of 64 lakh was ● Dr. Sachchidanand Sinha was elected 1950. spent in making the Constitution. as temporary Chairman and later Dr. Rajendra Prasad was elected as per- ● The Republic Day is celebrated on ● The demand for a Constituent Assem- manent President of the Constituent 26th Jan, because India was declared bly to draft Indian Constitution was, Assembly. Republic on this day in 1950. for the first time, raised by the Con- ● Shri B. N. Rau was appointed as Republic means, a form of govern- gress in 1935. The British Govern- ment where the Head of the State ment accepted this demand, for the Legal Advisor to the Constituent Assembly. (President) is directly or indirectly first time, in principle in the August elected by people. proposals of 1940. ● Jawaharlal Nehru introduced Objec- tive Resolution’ on 13th Dec. 1946, ● January 26 was selected as the date of ● The Constituent Assembly was con- which was adopted by the Constituent Commencement of Indian Constitu- stituted in Nov. 1946 through indirect Assembly on January 22, 1947. Its tion because of its historical signifi- election of its members by provincial modified version forms the Preamble cance. It was on this date in 1930 that legislatures under the provisions of of Indian Constitution. Indian people observed ‘Indepen- Cabinet Mission Plan, 1946. ● To facilitate the work of Constitution- dence Day’, following the resolution ● The Assembly consisted of total 389 making, the Assembly appointed 22 of congress session held in Dec. 1929 members, of which 292 were to be Committees, of which 10 were on at Lahore. elected from provinces, 93 were to be Procedural Affairs and 12 on Sub- ● The Constituent Assembly came to nominated from princely States and stantive Affairs. The main committees end on 24 Jan., 1950 but it emerged as four members were to be nominated were—Rules of Procedure Com- provisional parliament on 26 Jan. till from Chief Commissioner’s Areas. mittee, Committee for Negotitating the elections of Lok Sabha. The Pre- Each province was allocated seats in with States, Steering Committee, sident of the Assembly Dr. Rajendra proportion to its population. Also, the Union and Provincial Constitution Prasad was appointed as the First Pre- seats were further allocated to three Committees, Flag Committee etc. sident of the Indian Republic till the communities—Muslim, Sikhs and elections. General—in proportion to their popu- ● However, the most important was the lation. Roughly one member was to seven member Drafting Committee ● According to Article 395, with the represent a population of 10 lakh. headed by Dr. B. R. Ambedkar, which Commencement of Indian Constitu- was set-up on Aug. 29, 1947. The tion, the Indian Independence Act, ● Each provincial assembly elected its 1947, and the Govt. of India Act, other members of the Committee members for the Constituent Assem- 1935 are repealed. But the Abolition bly through the single transferable were—N. Gopalswami Ayyangar, of Privy Council Jurisdiction Act, vote system of proportional represen- Alladi Krishnaswami Ayyar, K. M. 1949 was not repealed. Munshi, Mohammad Saadullah, B. L. tation. The method of representation ● Some constitutional experts do not Mittar (replaced by N. Madhav Rau in princely states was to be decided recognise the Constituent Assembly with their consultation. later) and D. P. Khaitan (who died in as sovereign body as it was created by 1948 and was replaced by T. T. ● The Mountbatten plan of 3rd June, the proposals of British Govt. But Krishnamachari). 1947 announced partition of the after India became independent in country and a separate Constituent ● The Drafting Committee finalised the Aug. 1947, the Constituent Assembly Assembly for the proposed state of Draft Constitution of India in Feb. functioned as a sovereign entity for all practical purposes. Pakistan. Consequently the members 1948 and the second reading of the of Constituent Assembly representing same by the Assembly was completed ● Jawaharlal Nehru, Sardar Vallabh those areas which were to be included on Oct 17, 1948. For the third reading Bhai Patel, Rajendra Prasad, Maulana in Pakistan—West Punjab, East Abul Kalam Azad, Acharya J. B. of the Constitution, the Assembly met Bengal, North-West Frontier Province Kriplani, T. T. Krishnamachari and (NWFP), Sindh, Baluchistan and on Nov. 14, 1949 and finished it on Dr. B. R. Ambedkar played a very Sylhet district of Assam were no more Nov. 26, 1949. The Constitution was significant role in Constitution mak- members of Indian Constituent As- adopted on the same date with mem- ing. However, Dr. Ambedkar is recog- sembly. NWFP and Sylhet decided bers and the President signing the nised as ‘Father of the Indian Consti- through a referendum to remain with Constitution. tution’.

Indian Polity / 7 the Congress in its Avadi session in by Fazal Ali. Other two members of PREAMBLE 1955. the Commission were K. M. Panikkar ● The term ‘Secularism’ means equal and H. N. Kunzru. respect and equal protection of all ● The Union Territory of Pondicherry ● Besides Preamble, the Constitution religions by government, which in (now Puducherry) became part of originally contained 395 articles and 8 other words is, ‘Sarva Dharm Indian Union in 1962 after French left schedules. Presently it has 395 articles Sambhav’. This meaning is distinct from India. Puducherry consists of and 12 schedules. from the negative concept of Secular- four areas scattered in different regions—Puducherry and Karaikal in ● The Preamble of the Constitution is a ism held in western traditions that is, Tamil Nadu, Yanam in Andhra part of the Constitution, but it is not separation of religion and politics/ Pradesh and Mahe in Kerala. enforceable by courts. It can be state. amended like other provisions of the ● The Preamble is termed as ‘Political ● The Supremacy of Constitution has Constitution. The courts can take re- Horoscope’ by K. M. Munshi, ‘Key to been recognised in India as against course to the Preamble in order to the Constitution’ by Earnest Barker, the Supremacy of Parliament in explain and clarify other provisions of and ‘Soul of the Constitution’ by Britain. the Constitution. This was the view Thakurdas Bhargav. Because of com- ● As provided in the 7th schedule of the held by the Supreme Court in the plexity of its provisions, the Indian Constitution, powers of government Berubari Union Case, (1960) and the Constitution is termed as ‘Paradise of have been divided between Union and same view was reiterated in Keshva- Lawyers’ by M.V. Paylee. Granville States. The Union List contains 97 nand Bharti case in 1973. Austin says that Indian Constitution is subjects, State List has 66 subjects ● The phrase, “We the people of India basically a social document’. and there are 47 subjects in the Con- ……do hereby Adopt, Enact and to current List. In case of Concurrent Give to ourselves this Constitution”, UNION AND STATES List both Union and States can make written in the Preamble underlined the laws but Union law prevails in case of Supremacy and Sovereignty of the contradiction between the two. By the people of India. ● India has opted for the Federal form 42nd Amendment, 1976, five subjects ● The Preamble is non-justiciable. That of Government due to its large size have been shifted from State List to means, courts can not pass orders and sociocultural diversities, but the Concurrent List. These subjects are— against government to implement the word ‘Federation’ does not find men- administration of justice and organi- ideas contained in the Preamble. For tion in the Constitution. Instead, sation of all courts except Supreme example, moved article 1 declares, ‘India’ that is Court and High Courts; Forests; on the path of liberalisation and pri- Bharat, shall be a Union of States’. Population Control and Family Plann- vatisation in 1991, without removing The term ‘Union’ was suggested by ing; Education, including medical and the word ‘Socialism’ from the Pream- Dr. B. R. Ambedkar, which indicates technical education; and weights and ble. Now courts cannot force the two things, first, Indian Union is not a measures except establishment of government to incorporate the idea of result of agreement of independent standards. socialism. Infact, the Preamble en- and sovereign states, and second, the ● The Residuary powers have been shrines the goals and ideals of the Units/States do not have right to vested with the Union Government. It Constitution. secede from the Union. Thus, India is should be noted that under the federal an ‘indestructible union of destruc- system proposed by the Government ● British political thinker Earnest tible states’. The states are destruc- of India Act, 1935, these powers were Barker has appreciated and cited the tible as Union Government can vested with Governor-General of Preamble in the opening of his book change their names and boundaries India. ‘Principles of Social and Political without their consent. ● The State of Jammu & Kashmir has Theory’. ● D. D. Basu terms Indian Constitution been given special status under Article ● The Preamble declares India to be a as mixture of unitary and federal 370, which became operative on Nov. ‘Sovereign, Socialist, Secular, Demo- features. According to K. C. Wheare, 17, 1952. The State has a separate cratic Republic’, and ensures to pro- it is ‘quasi-federal’, it is less federal Constitution which was drafted by the vide to all its citizens ‘Justice—social, and more unitary. For prof. Alexandro Constituent Assembly of J & K and economic and political’, ‘equality of wicz, ‘India is a case ‘Sui Generis’ became effective on Jan. 26, 1957. status and opportunity’, ‘freedom of (i.e., Unique in Character); for Sir The provisions of Article 370 cannot thought’, expression, belief, faith and Ivor Jennings, it is a federation with be amended by parliament; but it can worship’, ‘dignity of individual’ and strong centralising tendency, and for be made inoperative by the order of ‘unity and integrity of the nation’. Granville Austin, it is an example of President of India with prior consent ● The Preamble has been amended only ‘co-operative federalism’. of the Constituent Assembly of J &K. once so far in 1976 by 42nd Amend- ● There are presently 29 States and 7 The Assembly will have to be re- ment which inserted the words, Union Territories in Indian Union. constituted for this purpose. ‘Socialism’, ‘Secularism’ and ‘Inte- The Union Territory of Goa, Daman ● There are special provisions for the grity’. and Diu was bifurcated in 1987 to States of , Gujarat and ● The term Socialism does not mean make the state of Goa and UT of under Article 371, for ‘State Socialism’, that is ownership of Daman & Diu. Andhra Pradesh was the State of Nagaland under Article all means of production and distribu- the first state created on the basis of 371A, for Assam under Article 371B tion by the State but it means reduc- language in 1953. The States of and for Sikkim under Article 371F. ing the inequalities between rich and Indian Union were reorganised on the ● Indian provinces/states do not have poor. This is also referred to as ‘socia- basis of language in 1956 following their separate Constitution as in listic pattern of society’, which was the recommendation of State Reorga- America. They are also not entitled to adopted as a goal of Indian state by nisation Commission, 1955, headed take loan or trade with foreign coun-

Indian Polity / 8 tries directly. They do not have right (iv) Right to Religious Freedom, (v) to secede from the Union. Cultural and Educational Rights and CONSTITUTION ● Indian federal system is more alike (vi) Right to Constitutional Remedies. the Canadian system. Indian states are ● Right to Freedom contains six free- AMENDMENT dependent upon central government doms. for economic assistance. There is a ● The 86th Constitution (Amendment) ● According to K. C. Wheare, Indian single citizenship in India. States do Act, 2002 added a new article 21-A in Constitution strikes a balance be- not have right to accord separate citi- Right to Freedom. The Article 21-A tween rigidity and flexibility, that is, zenship to their residents. relates to Right to Education which it is both rigid and flexible at the same ● The Central Government (Parliament) reads. The state shall provide free and time. has right to change the boundary and compulsory education to all children ● The procedure for the Amendment of names of states (Article 3). This act of of the age of six to fourteeen years in the Constitution is given in Article Parliament will not be considered as such manner as the state may, by law, 368 of Part XX of the Constitution. amendment to the Constitution, i.e., determine. ● The Constitution can be amended in this can be done with simple majority ● Fundamental Rights are generally three ways : (i) By Special Majority by the Parliament (Article 4) suspended during operation of Natio- in both Houses of Parliament, i.e., ● The Parliament can enact law in a nal Emergency. Right to Freedom Majority of the total membership and subject of State List if it has been under Article 19 is automatically sus- 2/3 of the present and voting; (ii) by declared as a subject of national im- pended. Other Rights may be sus- the special Majority, as described portance by Rajya Sabha with 2/3 pended by a declaration of the Presi- above, and the consent of more than majority of present and voting, or dent to that effect. But Rights to Life half of the total States of the Union when proclamation of National Emer- and Personal Liberty under Article 20 (Consent of 15 states at present). The gency is in operation, or when legisla- and 21 cannot be suspended even third way to amend the Constitution is tures of two or more states have de- during National Emergency. not described in Article 368 but it is mentioned in the articles where it is sired so. ● Fundamental Duties were not pro- applicable. These Articles can be vided in the original Constitution. Ten modified or repealed by simple majo- Fundamental Duties were added by FUNDAMENTAL RIGHTS rity. Thus, the third way to ‘amend’ 42nd Amendment in 1976 in Article the Constitution is by passing the bill AND DUTIES 51A of Part IVA along with Directive by simple majority in both houses of Principles of State Policies. Parliament. ● To ensure the overall development of ● Like Directive Principles of State ● The first Amendment to the Con- citizens, the Fundamental Rights have Policy, the Fundamental Duties are stitution was made in 1951. So far, 94 been provided in the Part III (Articles also non-justiciable. However, they Constitutional Amendments have 12–35) of the Constitution. can be enforced by the government been enacted. The 42nd and 44th through enactment of laws by appro- ● According to Article 13 of the Consti- amendments are exhaustive as well as priate Legislatures. tution, the Fundamental Rights can important. not be modified or limited in any way ● There were 10 Fundamental Duties except by the procedure of Consti- added to the Constitution by 42nd tutional Amendment. Amendment in 1976. The eleventh UNION EXECUTIVE duty (k) relating to the provision of ● The Fundamental Rights are justicia- opportunities for education to the ble i.e., they are protected by judi- children between the age of six and ● The executive power of the Union is ciary in case of their violation. fourteen years was added by 86th vested in the President. ● The individuals can directly approach Amendment Act, 2002. ● The President is designated as the first the Supreme Court or High Courts for citizen of India. the protection of their Fundamental ● Rights. Under the Right to Constitu- DIRECTIVE PRINCIPLES India has adopted Parliamentary sys- tional Remedies, both Supreme tem of government. Therefore, the Court and High Court can issue writs OF STATE POLICY President is nominal executive and of Habeas Corpus, Mandamus, Quo- real executive is the Council of Mini- sters headed by the Prime Minister. Warranto, Prohibition and Certiorari. ● The Directive Principles of State The Right to Constitutional Remedies Policy are described in Articles 36– ● No person shall be eligible for elec- has been described by Dr. Ambedkar 51 under Part IV of the Constitution. tion as President unless he is a citizen of India. as the soul of the Constitution. ● Majority of the Directive Principles ● Seven Fundamental Rights were pro- aim at the establishment of social and ● The minimum age prescribed for the vided in the original Constitution. economic democracy or the esta- post of President is 35 years. But the Right to Property has been blishment of a Welfare State, which ● A person to become the President repealed as Fundamental Right and has been resolved in the Preamble must fulfil the qualifications pre- has been converted into an ordinary itself. scribed for a member of Lok Sabha. legal right under Article 300A by the ● The State is not bound to implement ● President does not hold membership 44th Amendment in 1978. Conse- the provisions of Directive Principles, of either house of Parliament or State quently, at present, there are only Six i.e., they are non-justiciable. Thus Legislatures. Fundamental Rights. they cannot be enforced by the courts. ● The President is elected indirectly by ● The Six Fundamental Rights are : (i) ● Some new Directive Principles have an Electoral College through the Right to Equality, (ii) Right to Free- been added by the 42nd Amendment single transferable vote system of pro- dom (iii) Right against Exploitation, in 1976. portional representation.

Indian Polity / 9 ● The Electoral College consists of functions of President till the incum- by a Resolution, first passed by majo- elected members of Lok Sabha, Rajya bent President resumes office. rity of the members of Rajya Sabha Sabha and Provincial Legislative ● In any case, if both President and and agreed to by the Lok Sabha. Assemblies. It has been provided by Vice-President are not available to ● If the Vice-President is unable to dis- the 70th Amendment Act, 1992 that perform the duties of President, the charge his duties and function due to elected members of the Legislative Chief Justice of Supreme Court dis- illness or temporary absence, no other Assemblies of Union Territories of charges the duties of President and in official is entitled to act as Vice-Pre- Puducherry and Delhi can also parti- his absence the next senior justice of sident. cipate in the election of President. Supreme Court performs the functions ● The Vice-President is ex-officio ● The nomination of a candidate for the of President. This situation arose only Chairman of Rajya Sabha. In his post of President has to be proposed once so far in 1969, when the incum- absence, the Dy. Chairman of Rajya by 50 members and seconded by bent President Dr. Zakir Hussain died Sabha preforms his duties. another 50 members of the Electoral in May 1969 and the Vice-President College. resigned on July 20, 1969 to contest ● The Vice-President gets the salary and emoluments of the Chairman of ● The term of President is for five years the election of President. In this con- tingency, justice M. Hidaytulla, Chief Rajya Sabha, when he acts, as such in and election of next President is held ex-officio-capacity and he gets the before the expiry of the term. How- Justice of Supreme Court discharged the duties of President from 20 July, salary and emoluments of the post of ever, if election is not held within five President, when he acts as President. years, the incumbent President conti- 1969 to 20 Aug, 1969. Infact, M. Hidaytulla is the only person to per- Infact, he is the only official who does nues to hold the office till the election not get any salary and emoluments of is held. In this case, the Vice-Presi- form the functions of President two times in two different capacities, e.g., his designated post i.e., Vice-Presi- dent does not get the opportunity to dent. As Chairman of the Rajya act as the President. first time in 1969 as the Chief Justice of Supreme Court and second time as Sabha he draws a monthly salary of ● A President can be again elected as the Vice-President of India in Oct. 1,25,000. President. There is no limitation as to 1982. ● At a time when the Vice-President how many times a person can become acts in either of two capacities i.e., President. ● The Vice-President of India is also elected by an Electoral College Chairman of Rajya Sabha or President ● The President can tender his resigna- through the single transferable vote of India, he cannot act in both offices tion to the Vice-President before the system of proportional representation. simultaneously. expiry of his term. ● The Electoral College consists of all ● In the history of presidential elections, ● The President can be removed from the members (both elected and nomi- V. V. Giri is the only person who won his office before the expiry of the nated) of both the houses of parlia- the election of President as an in- term by the process of impeachment. ment. dependent candidate. This became ● The impeachment procedure can be possible in 1969 when Congress did initiated in either House of Parlia- ● There is no need of joint sitting of not support its official nominee ment. Either of the two house starts both houses of Parliament to elect the Neelam Sanjeev Reddy as its the impeachment proceedings and Vice-President. members voted in the name of ‘con- another house investigates it. ● Any Indian citizen, who fulfils the science’ and supported an indepen- ● The President can be impeached only prescribed qualifications can become dent candidate. for the violation of the Constitution the Vice-President of India. ● In July 1977, Neelam Sanjeev Reddy and has to be informed in writing 14 ● A candidate for the post of Vice-Pre- was elected unopposed as no one else days in advance about the intention to sident must have attained the age of filed nomination for the post of Pre- initiate impeachment proceedings. 35 years. He must fulfil also the quali- sident. ● The President can present his case or fications prescribed for a member of ● The disputes related with the elections defend himself during the investiga- Rajya Sabha. of President and Vice-President are tion of impeachment charges. ● The Vice-President does not hold the settled by the Supreme Court of India. ● The President gets a monthly salary of membership of either houses of ● The elections of President and Vice- 1,50,000. Parliament or State Legislatures. President cannot be challenged on the ground of any vacancy in the Electo- ● His salary and emoluments cannot be ● The term of office of Vice-President ral College. varied to his disadvantage during his is five years. term. ● If the election of President or Vice- ● There is no limitation on the number President is declared null and void by ● If the office of the President becomes of times a person can become Vice- the Supreme Court, the acts done by vacant due to death, resignation or President. Thus, a Vice-President can them during their being in office can- impeachment before the expiry of the be re-elected as Vice-President. not be declared illegal. term, the election to the office of Pre- ● The Vice-President can vacate his sident is held within six months of ● Parliament can make laws on matters office by tendering his resignation to related to the elections of President vacancy. In this case, the Vice-Pre- the President. sident will act as President till the and Vice-President. new elected President assumes office. ● The Vice-President can be removed ● The Vice-President, first of all, gives The newly elected President holds from office before the expiry of term the information about President’s office for a five year term. of five years. resignation to the Speaker of Lok- ● If the office of President is tempora- ● There is no need of impeachment to Sabha. rily vacant due to illness or otherwise, remove the Vice-President. ● The President exercises executive or absence of President, the Vice- ● The Vice-President can be removed powers within the provisions of the President discharges the duties and from office before the expiry of term, Constitution.

Indian Polity / 11 ● The President is not the real exec- mission and Pubilc Service Commis- ● In the case of a bill passed by a State utive, but he is the constitutional head sions of States and Central Vigilance Legislature, if reserved by the Gover- of the State. Commissioner on the basis of the nor for the assent of President, the enquiry of the Judge of the Supreme ● The President exercises executive President can return the bill for recon- Court. powers of the Union according to the sideration of State Legislature. And if advice of Council of Ministers headed ● The President is a part of Parliament. the same bill is again presented to the by the Prime Minister. President within six months for his as- ● Any Bill passed by Parliament can sent, the President can still withhold ● The advice of Council of Ministers is become a law only after it has been his assent from the bill. The President made binding upon the President by signed by the President. can keep the bill on his table for the 42nd Constitutional Amendment, ● The President has power to summon indefinite period. In case of Money 1976. and prorogue the sessions of Parlia- bills, the President can grant his ● The 44th Amendment gives the Presi- ment and to dissolve Parliament. assent or withhold his assent but can dent the right to ask the Council of ● The President addresses the joint sitt- not return the bill for reconsideration Ministers to reconsider its advice ing of both houses of Parliament after of State Legislature. tendered to him. If the Council of every General Election and the first ● If there is an urgency to make a law Ministers sticks to the advice tendered joint sitting at the beginning of each and Parliament is not in session, the earlier, the President is bound by such year. President can promulgate an ordi- advice. nance which has effect of a law. ● The President has right to send mes- ● Though the President is not the real sages to Parliament relating to legisla- ● The ordinances have the same effects head of the Union Executive, all the tive and other matters. as a law enacted by Parliament, but they are temporary in nature. acts of the Union are expressed in the ● The President also has the right to name of the President. Constitutio- nominate 12 members in Rajya Sabha ● The ordinances are presented to nally, all the officials of the Union act and 2 members of Anglo India Com- Parliament as soon as it meets in a under his subordination. munity in Lok Sabha. session. ● If an ordinance is not passed within ● The following officials are appointed ● The President causes to be laid the six weeks from the date of opening of by the President : (1) Prime Minister, Annual Financial Statement (Budget) the session by Parliament it becomes (2) Other Ministers of Council of and reports and recommendations of inoperative automatically. Ministers, (3) Attorney-General of various commissions before each India, (4) Comptroller and Auditor House of Parliament. ● It has been provided by the 44th General of India, (5) Chief Justice and ● The prior recommendation of Presi- Amendment, 1978 that in case of other Justices of Supreme Court, dent is required on some bills before malafide intentions as to the cir- (6) Governors of States, (7) Chief they are introduced in the Parliament, cumstances leading to promulgation Justices and other judges of High e.g., bills related to the changes in the of an ordinance, its validity can be Courts, (8) Chairman and Members of names and boundaries of States, challenged in the Court of law. Union Public Service Commission Money bills and bills related to ● The President has power to grant and Joint Public Service Commission, matters contained in Article 31A(i) of pardon, commutation, remission, res- (9) Chairman and Members of the Constitution. pite, reprieve in respect of a punish- Finance Commission, (10) Chief ● The President can give assent to a bill, ment or sentence awarded by Court- Election Commissioner and other withold his assent to the bill or he Martial, or related to the executive Election Commissioners of Election may send it back to Parliament for power of the Union or if the sentence Commission, (11) Central Vigilance reconsideration, if the bill is not a is one of death. Commissioner, (12) Chairperson and Money bill. The President is bound to ● The President is the Supreme Com- Members of various Commissions : give his assent to the Money bills and mander of Defence Forces. The Official Language Commission, Constitutional Amendment bills Chiefs of three armed forces are Minority Commission, National passed by Parliament. A money bill appointed by him. The President has Backward Classes Commission, cannot be send back by president to power to declare war and peace and to National Commission for Scheduled Parliament for reconsideration. deploy armed forces, subject to the Castes and National Commission for law made by Parliament. Scheduled Tribes, (13) Ambassadors, ● If a bill sent back to Parliament for High Commissioners and other diplo- reconsideration is again presented by ● Subject to the laws made by Parlia- matic representatives and consuls in Parliament to the President for his ment, the President has right to Indian Foreign Service, (14) Gover- assent, the President will not withold appoint diplomatic representative in nors of States, Administors, Lt. Gover- his assent. other countries and grant accredita- nors of Union Territories. ● The Constitution does not fix any tion to the diplomatic representatives of foreign countries to India. ● The President has the power to time limit for President to give his remove the following officials : assent to, withhold his assent from or ● Subject to the laws of Parliament and (1) Members of Council of Ministers, send back to Parliament a bill pre- with the advice of Council of Minis- (2) Governor of a State (3) Chief Jus- sented to him. ters, the President has the power to tices and other Judges of Supreme ● The example of the use of pocket veto sign international treaties and agree- Courts and High Courts, Chief Elec- is the Postal bill of 1986, in which the ments. tion Commissioner and Comptroller then President Jail Singh did not act ● As provided in article 143 of the and Auditor General of India on the upon long time and subsequently the Constitution, the President can seek basis of the resolution passed by the bill was withdrawn by the Parliament legal advice of the Supreme Court on Parliament, (4) Chairman and Mem- in 1989 without getting the assent of a matter of public importance, but the bers of Union Public Service Com- the President. President is not bound by such advice.

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