INDEX.

1) Definition .
Schedule Castes and Schedule Tribes .
Anglo –Indian .
2) Distinctions .
Q :- Point out the difference between directive Principles of State Policy and Fundamental rights .
3) Maxims .
4) Questions .
Q:- Explain the significance of the Preamble to the Constitution of India .
Q:- Can there be accession of any new State in India ? How a new State is created ? What is the procedure for creation of a
new State ?
Q :- Who are the citizens of India ? Under what circumstances shall a citizen of India lose his citizenship .
Q;- Enumerate the Fundamental Rights which are dealt with in Part III of the Constitution.
Q:- What are the seven freedoms guaranteed by the Indian Constitution and what are the limitations thereon? Explain the
scope of “reasonable restrictions” permitted by the Constitution.
Q:- Enumerate the Directive Principles of State Policy.
Q :- Describe the mode of election of the President .
Q. Explain the qualifications for being the President or Vice President of India.
Q:- Explain the provision as to (a) duration of the Parliament (b) summoning, prorogation and dissolution of Parliament .
Q:- what are the qualifications and disqualifications for membership of Parliament? Can a person be a member both of
Parliament and of a House of the Legislature of a State?
Q:- Discuss the power of President to promulgate Ordinances .
Q. :- Describe in brief the different stages in the passing of a Bill other than a Money Bill, in Parliament or Write a note on
the legislative procedure in the Indian Parliament.
Q :- What are Money Bills? How shall they be passed under the Constitution of India .
Q:- Discuss the power of Governor to promulgate Ordinances .
Q :- Discuss the constitution of the Supreme Court. Explain the provision relating to the appointment and tenure of the
Judges of the Supreme Court of India .
Q:- Discuss the functions and jurisdiction of the Supreme Court of India . or “The Supreme Court in the Indian Union has
more powers than any Supreme Court in any part of the World” – Comment.
Q:- Discuss the provision as to appointment and tenure of High Court Judges.
Q :- Describe the administrative functions of the High Courts, and its power of superintendence over subordinate Courts
and tribunals.
Q:- Explain the distribution of legislative powers between the Union and the States under the Constitution . Discuss the
Legislative relations between the Union and the States in India .
Q:- What do you mean by ‘Proclamation of Emergency ’? Indicate the effects of such a Proclamation under the
Constitution.
Q :- Discuss the provisions of the Constitution of India, for carrying on the administration of a State in case of failure of the
constitutional machinery .
Q:- What is the Constitutional provision regarding financial Emergency . What are the effects of proclamation of financial
Emergency.
Q:- Discuss the power and the procedure of amendment of the Constitution .
5) Short Notes .
Attorney – General for India .
Comptroller and Auditor –General of India.
Advocate –General for the State .
Inter-State Council .
Election Commission of India.
Constitutional right to be included in the electoral roll .
Article 370 of the Constitution of India .
6) Problem.

Schedule Castes and Schedule Tribes .

Answer :-
Article 341 provides about Schedule Castes .
According to this Article the President may with respect to any State or Union territory , and where it is a State
after consultation with the Governor thereof, by public notification , specify the Castes, races or tribes or parts of or
groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Schedule
Castes in relation to that State or Union territory, as the case may be .

The Parliament may by law include in or exclude from the list of Schedule Castes specified in a notification issued
under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a
notification issued under the said clause shall not be varied by any subsequent notification.
On the other hand Article 342 says about Schedule Tribes .

According to this Article the President may with respect to any State after consultation with the Governor thereof, by
public notification , specify the Tribes or tribal communities or parts of or groups within tribes or tribal communities
which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union
territory, as the case may be .

And the Parliament may by law include in or exclude from the list of Schedule Tribes specified in a notification issued
under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community , but save as
aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

Article 334 further provides that after seventy years reservation of seats and special representation to be ceased .
According to this Article notwithstanding anything in the foregoing provisions of this Part , the provisions of this
Constitution relating to –
the reservation of seats for the Scheduled Castes and the Schedule Tribes in the House of the People and in the
Legislative Assemblies of the States to be ceased after seventy years from the date of commencement of the
Constitution.
It has also been provided that nothing in this article shall affect any representation in the House of the People or in the
Legislative Assembly of a State until the dissolution of the then existing House of Assembly, as the case may be.

Q :- Point out the difference between directive Principles of State Policy and Fundamental rights .

Answer :-
The directive Principles of State policy are contained in Chapter iv while the Chapter iii of the Constitution of
India deals with the Fundamental Rights .
The Directives differ from the ‘Fundamental Rights on the following points which may be shown in the
tabular form :-
 Fundamental Rights Directive Principles.
1. The Fundamental Rights are But the Courts cannot compel the
enforceable in a court of law by Government to carry out any Directive nor can
appropriate remedies, including the any individual seek a legal remedy on the
constitutional remedies i.e., the ground that the State has failed to comply with
writs of habeas corpus, mandamus, a Directive say, to prohibit the slaughter of cows
prohibition and certiorari which the or to introduce free education for children.
Supreme Court and High Courts are The Directive in short do not create any
empowered to issue against legal right in favour of any individual.
the Government.
2. The Fundamental Rights Directive Principles are in the nature of
constitute limitations upon State instruments to the Government of the day to
actions. do certain things and to achieve certain ends
by their actions.

3. For the same reason a law But a law which is contrary to a Directive
which contravenes a Fundamental cannot be so held to be void.
Right can be declared by the The Directives, however, require to be
appropriate Court to be void. implemented by legislation, and so long as
there is no law carrying out the policy laid
down in a Directive neither the State nor an
individual can violate any existing law or
legal rights under colour of following a
Directive.
4. In case of any conflict between the In this context , it is to be noted that by the
Fundamental Rights and Directives, 42nd Amendment Ac t, 1976,
the Fundamental Rights shall prevail this protection (offered by Art. 31 C )
, unless the conflict arises out of a was sought to be extended to any law made
law to implement the Directives to implement any of the Directives of State
in Art. 39 (b)-(c), i.e. for Policy as contained in Part IV ; but the Supreme
the socialisation of the means of Court has invalidated such extension in the case
production and the of Minerva Mills v. Union of India. In the result
material resources of the nation. Art. 31C remains where it was prior to
the 42nd Amendment and would give pre-
eminence to a Directive, overriding a
Fundamental Right, only if the law which
violates a Fundamental Right was passed to
give effect to the Directive specified in Art. 39 (b)
or (c).
5. It should also be noted that The power of amendment conferred by Art 368 is
in the aforesaid decision or in the a limited power, i.e., to effect changes as would
Minerva Mills case, the fundamental not alter the basic structure or
rights have been pointed out to essential features of the original Constitution
constitute ‘basic features’ of our but it can amend the directive principles to delete
Constitution, so that they cannot be any one or to add any new one .
amended at all, under Art. 368 .
 6. The power of judicial review The power of judicial review belonging to the
belonging to the Courts, to examine Courts is not available in case of Directive
whether any Principles .
authority under
the Constitution has exceeded the
powers conferred upon it by
the Constitution e.g., if it has
violated any of the Fundamental
Rights guaranteed by Part III.

According to the majority of the supreme Court , in the Minerva Mills case, by seeking to give all the
Directives in Part IV a blanket cover so as to undermine the Fundamental Rights, violated all the ‘basic features’ of
the Constitution as formulated above.

Q:- Explain the significance of the Preamble to the Constitution of India .

Ans.
Every written constitution of the world contains a preamble . Every preamble is the soul of that constitution . It shows the
aims , objects and ideas which are tried to be achived by the constitution . Where the language is found to be ambiguous
the preamble to a written Constitution aids the legal interpretation .
It would be better to reproduce the noble words of the Preamble to our Constitution before analysing its contents . The
preamble as amended in 1976 runs thus :
“ WE THE PEOPLE OF INDIA , having solemnly resolved to constitute India a SOVEREIGN SOCIALIST
SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens ;
JUSTICE, social, economic and political;
LIBERTY of thought expression, belief, faith and worship;
EQUALITY of status and of opportunity; and no promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMB LY this twenty –sixth day of November, 1949, do HEREBY ADOPT,
ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”
The preamble expresses the following objects and purposes underlying the Constitution:
The words ‘we the people of India ’ say that the Constitution is created by the people of India as a whole and so none
has any power to put an end to the Constitution.
The term ‘sovereign ’ speaks that India is an independent State and it is not subject to control by any external
power or authority though it is a member of the Commonwealth of Nations.
The word ‘ Republic ‘ means India is neither a monarchy nor an oligarchy . We have an elected President instead of a
king at the head of our State.
The preamble declares that the India is Republic and shall be a democratic in the representative form . The ultimate
power remains in the electorate comprising the entire adult population.
The preamble further says the constitution shall ensure social, economic and political justice.
The word justice requires abolition of all sorts of inequity . The ideal of economic justice means equal reward for equal
work, irrespective of caste, creed etc. , prevention of exploitation of women, children and other weaker sections of the
community. Political justice means absence of arbitrary distinction in the political sphere, universal adult suffrage and
one man one vote.
 Liberty of thought, expression, belief, faith and worship are guaranteed by the Fundamental Rights. These liberties are
required for the development of the individual.
Further , the Constitution also aims at establishing equality of ‘status and opportunity’, e.g., by guaranteeing equality
before the law and equal protection of the laws, equality of opportunity for public employment, and the like.
Lastly, our ideal is to foster a sense of brotherhood which in view, the Constitution seeks to abolish
untouchability, and all communal or sectional interests.

Q:- Can there be accession of any new State in India ? How a new State is created ? What is the procedure for creation of a
new State ?

Answer :-
Article 2 of the Constitution of India laid down the provision for admission or establishment of new States . According to
this Article Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks
fit.
As for example by virtue of the Chandernagore Merger Act , 1954 , the said territory was merged in India . By Article 2-A of
the Constitution of India Sikkim was also merged into India but by the 36 th Constitution Amendment Act , the Article 2-A
was repealed .

Article 3 of the Constitution of India laid down the provisions for formation of new States and alteration of areas,
boundaries or names of existing States . This Article says that the Parliament may by law-

(a) form a new State by separation of territory from any State or by uniting two or more States or parts of
States or by uniting any territory to a part of any State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State;

It has further been provided that no Bill for the purpose shall be introduced in either House of Parliament except on the
recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or
name of any of the States, the Bill has been referred by the President to the Legislature of that State for expressing its
views thereon within such period as may be specified in the reference or within such further period as the
President may allow and the period so specified or allowed has expired.

Explanation I says that in this article 3 , in clauses (a) to (e) , the word State includes a Union Territory, but in the proviso,
the word State does not include a Union territory.

Explanation II provides that the power conferred on Parliament by clause ( a) includes the power to form a new State
or Union Territory by uniting a part of any State or Union territory to any other State or Union territory.
As seen most recently in the Bihar Reorganisation Act ,2000 , Madhya Pradesh Reorganisation Act ,2000 and Uttar
Pradesh Reorganisation Act ,2000 , which resulted in the creation of the States of Jharkhand , Chattishgarh and
Uttarakhand , respectively .

Article 4 of the Constitution laid down that ----

(1) Any law referred to in Article 2 or Article 3 shall contain such provisions for the amendment of the First
Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may
also contain such supplemental, incidental and consequential provisions ( including provisions as representation in
Parliament and in the Legislature or Legislatures of the State or States affected by such law ) as Parliament may deem
necessary.
(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Article 368.

Q :- Who are the citizens of India ? Under what circumstances shall a citizen of India lose his citizenship .
Answer :-

Articles 5,6 and 8 provide , very widely , who will be the citizens of India . And Article 10 says about continuance of
citizenship of India once it is acquired . On the other hand , Articles 7 and 9 provide the situations when one can lose the
citizenship of India .
Article 5 deals with the Citizenship at the Commencement of the Constitution. According to this Article
at the commencement of this Constitution every person who has his domicile in the territory of India and-

(a)Who was born in the territory of India; or

(b) either of whose parents was born in the territory of India ; or
(c)who has been ordinarily resident in the territory of India for not less than five years
immediately preceding such commencement, shall be a citizen of India.

Article 6 deals with the rights of citizenship of certain persons who have migrated to India from Pakistan. According to
this Article notwithstanding anything in Article 5, a person who has migrated to the territory of India from the territory
now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if-

a) he or either of his parents or any of his grand- parents was born in India
defined in the Government of India Act, 1935 ( as originally enacted ); and

b) (i) in the case where such person has so migrated before the nineteenth
day of July 1948, he has been ordinarily resident in the territory of India since the date of his migration, or

(ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948 he has
been registered as a citizen of India by an Officer appointed in that behalf by the Government of the Dominion of
India on an application made by him therefore to such officer before the commencement of this Constitution in
the form and manner prescribed by that Government.

Provided that no person shall be so registered unless he has been resident in the territory of India for at least six
months immediately preceding the date of his application.

Aeticle 8 provides the rights of Citizenship of certain persons of Indian origin residing outside India . This Article
provides that notwithstanding anything in Article 5, any person who or either of whose parents or any of whose grand-
parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily
residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a
citizen of India by the diplomatic or consular representative of India in the country where he is for the time
being residing on an application made by him therefore to such diplomatic or consular representative, whether before
or after the commencement of this Constitution, in the form and manner prescribed by the Government of the
Dominion of India or the Government of India.
Article 10 says regarding Continuance of the rights of citizenship . According to this Article every person who is or
is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of
this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.

Article 9 and 7 provide when a person may lose Citizenship of India .

Article 9 provides that the Persons voluntarily acquiring citizenship of a foreign State shall not to be
citizens of India . This Articles elaborates this principle by saying that no person shall be a citizen of India by virtue of
Article 5, or be deemed to be a citizen of India by virtue of Article 6 or Article 8, if he has voluntarily acquired the
citizenship of any foreign State.

Under Article 7 if a person had gone from the territory of India to the territory now included in Pakistan after 1-3-47, with
the intention of shifting his permanent residence from India to Pakistan, he will lose his citizenship of India
which could have accrued to him by his coming within the terms of Art 5.

Article 7 also provides that nothing in this article shall apply to a person who, after having so migrated to
the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement
or permanent return issued by or under the authority of any law and every such person shall for the purposes of
clause (b) of Article 6 be deemed to have migrated to the territory of India after the nineteenth day of July , 1948.

Parliament has since enacted the Citizenship Act. 1955. Which provides for the acquisition of citizenship subsequent to
the date of commencement of the Constitution .

Q;- Enumerate the Fundamental Rights which are dealt with in Part III of the Constitution.

Answer :-
The fundamental rights represent the basic values enriched by the people of India . The aim behind having an elementary
right of the individual is to preserve and protect certain basic human rights against interference by the State . The
inclusion of fundamental rights in the Constitution is in accordance with the trends of modern democratic thought . The
object is to ensure the individuality of certain essential rights against political vicissitudes .
The Constitution itself classifies the Fundamental Rights under 7 groups as follows;
1) Right to Equality.
Article 14 to 18 of the Constitution deal with the right to equality . This group includes;
(i) Equality before law ( Article – 14 );
(ii) Prohibition of discrimination by the State on grounds of religion, race, caste, sex or place of birth ( Article – 15 );
(iii) Equality in matters of public employment ( Article – 16 );
(iv) Abolition of untouchability ( Article – 17 );
(v) Abolition of titles ( Article – 18 ) .
It will be seen that some of these confer positive rights upon the citizens while the others are in the nature of
constitutional limitations upon the power of the State to create conditions of inequality.

2) Right to Freedom
Article 19 to 22 of the Constitution deal with the right to freedom .
This group contains a large number of rights:
( i) Article – 19 says the Freedom of –
( a) speech and expression
(b) assembly
(c) association
(d) movement,
( e) residence and settlement,
( f) profession;
(ii) protection in respect of conviction for offences under any of the prohibited conditions ( Article – 20 );
(iii) protection of life and personal liberty ( Article – 21 );
(iv) protection against arrest and detention in certain cases ( Article – 22 ) .
It is to be kept in mind that the freedom of property, which was guaranteed by sub-cl. (f) of Art 19 (1) has been omitted, by
the Constitution (44th Amendment ) Act, 1978. So there are now only 6 of the 7 freedoms which had been originally
guaranteed by the Constitution.
3) Right against Exploitation .
Article 23 and 24 of the Constitution deal with the right against Exploitation .
This includes :
(i) Prohibition of traffic in human beings and forced labour( Article –23);
(ii) Prohibition of employment of children in factories hazardous employments ( Article – 24 ) .
4) Right to freedom of Religion.
Article 25 to 28 of the Constitution deal with the Right to freedom of Religion.

This group includes :

(i) Freedom of conscience and free profession practice and propaganda of religion ( Article – 25 );
(ii) Freedom to manage religion affairs ( Article – 26 );
(iii) Immunity from payment of taxes for the promotion of any particular religion ( Article – 27 );
(iv) Immunity from attendance at religious instruction or worship in educational institution ( Article – 28 ) .
5) Cultural and Educational Rights.
Article 29 to 31 of the Constitution deal with the Cultural and Educational Rights.
These include :
(i) Protection of the language script or culture of the minorities ( Article – 29 );
( ii) Right of minorities to establish and administer educational institutions ( Article – 30 ) .
The Article 31 is omitted which dealt with compulsory acquisition of property .
6) Right to Property

It has already been pointed out that the right to property, which was guaranteed by Arts 19 and 31, has been
removed from the list of Fundamental Rights by the 44th Amendment Act.1978 . A new Art. 300A now provides that no
person can be deprived of his property without the authority of law; but that is not a fundamental Right.
7) Right of Constitutional Remedies.
Article 32 to 35 of the Constitution deal with the Right to Constitutional Remedies.
This portion provides for the enforcement of the above mentioned fundamental rights through the judicial writs of
habeas corpus, mandamus and the like.

Q:- What are the seven freedoms guaranteed by the Indian Constitution and what are the limitations thereon? Explain the
scope of “reasonable restrictions” permitted by the Constitution.
Answer:-
Article 19 of the Constitution of India has guaranteed to the citizens seven ‘freedoms’ in the nature
of fundamental rights. These seven ‘freedoms’ in the nature of fundamental rights are as follows :--

-1. Freedom of speech and expression.

2. Freedom of assembly.
 3. Freedom of association.
4. Freedom of movement.
5. Freedom of residence and settlement .
6. Freedom of property.
7. Freedom of profession,occupation,trade or business.
These are popularly known as the ‘seven freedoms, under the Constitution of India. By the Constitution
(44th Amendment ) Act 1978, the right to property has been omitted from the list of Fundamental rights by deleting from
Art. 19 ( 1) . As a result, since 1978, there are only six freedoms under the Constitution instead of seven . Since 1978 , right
to property is not a fundamental right but it is effective as Constitutional right because it has been moved to the Article .

Absolute individual rights cannot be guaranteed by any modern State. The guarantee of each of the above right is,
therefore, limited by the Constitution itself by, certain restrictions which may be imposed by laws made by the ‘State’, in
the larger interest of the community. ‘State’ , in this context , includes not only the legislative authorities but also
Municipalities, Union Boards, etc., under the control of the Government of India. So, all of these authorities may impose
reasonable restrictions upon the above freedom.

(i) The Constitution guarantees to the citizens freedom of speech and expression .
But this freedom is subject to reasonable restrictions imposed by the State to check –
(a) defamation ;
(b) contempt of Court;
(c) decency or morality;
(d) security of the State ;
(e) friendly relation with foreign States;
(f) incitement to an offence;
(g) public order;
(h) sovereignty and integrity of India.

So freedom of speech and expression will not confer upon an individual a licence to say whatever he likes or
to commit illegal or immoral acts or to incite others to overthrow the established government by force or unlawful
means.

(ii) Similarly , the Constitution guarantees to the citizens the freedom of assembly .
This freedom of assembly is also subject to the restrictions that the assembly must be peaceful and
without arms . And subject to such reasonable restrictions as may be imposed by the ‘State in the interests
of public order. This right of meeting or assembly shall not abuse other so as to create public disorder or a
breach of the peace.
(iii) Again , all citizens have the right to form associations or unions.
But this right is also subject to reasonable restrictions imposed by the State in the interests of the general
public. Thus this freedom will not entitle any group of individuals to enter into a criminal conspiracy or to
form any association dangerous to the public peace or to make illegal strikes or to commit a public disorder.
(iv) Similarly , every citizen shall have the right to move freely throughout the territory of India .
This right shall also be subject to the restrictions imposed by the State in the interest of the general public .
As for example , one can be stopped to move to any restricted area .
(v) Likewise , every citizen shall have the right to reside and settle in any part of the country .
This right shall also be subject to the restrictions imposed by the State in the interest of the general public or
for the protection of any aboriginal tribe .
(vi) Again , every citizen has the right to practise any profession or to carry on any occupation trade or business .
 But subject to reasonable restrictions imposed by the State in the interests of the general public and
subject to qualifications laid down by the State for carrying on any profession or technical occupation, or
for carrying on any trade or business by the State itself to the exclusion of the citizens.
Since the guarantee of the Fundamental Rights in Art. 19(1) can be limited by the power conferred upon the State
by imposing restrictions upon each of these rights , it has been observed by some people that what has been granted
by one hand has been taken away by the other. But this comment is not justified because in no country the guarantee
of fundamental rights is absolute or free from limitations altogether. The reason is that while the individual is in need of
certain personal freedoms, the society, collectively, is also in need of certain safeguards in the interest of all, to ensure
that the unfettered exercise of individual rights is not turned into licence and chaos. This should be ensured that one’s
unfettered right is not taking away the right of another .The individual himself will not be safe to exercise his personal
rights unless the State, which represents the society, has certain powers to enforce law and order , morality and the
like to prevent other individuals from wrongly interfering with the exercise of his rights.

But there is a difference between the Constitution of the U.S.A. and India as to the manner in which
this collective power is secured. In India these very grounds of restriction are laid down in the Constitution itself.

Q:- Enumerate the Directive Principles of State Policy.

Answer :-
There are three kinds of Directive Principles of State Policy as enumerated in the Constitution of India from Article No 38 to
Article No 51 . They are as follows :-
1) The directives in the nature of ideals of the State,
2) The directives shaping the policy of the State and
3) The directives in the nature of non-justiciable rights of every citizen

1) The directives in the nature of ideals of the State are-

i) The State shall strive to promote the welfare of the people by securing a social order permeated by social,
economic and political justice (Art. 38 ).
ii) The State shall endeavour to secure just and humane conditions of work a living wage a decent standard of
living and social and cultural opportunities for all workers (Art 43).
iii)The State shall endeavour to raise the level of nutrition and standard of living and to improve the health of the
people (Art. 47).
iv)The State shall endeavour to promote international peace and amity (Art. 51)
v)The State shall direct its policy towards securing equitable distribution of the material resources of
the community and prevention of concentration of wealth and means of production to the common detriment (Art .
39)
2) Directives in the nature of policy of the State –
i) To establish economic democracy and justice by securing certain economic rights ( to be enumerated under the
next head).
ii) To secure a uniform civil code for the citizen (Art. 44)
iii) To provide free and compulsory primary education ( Art. 45)
iv) To prohibit consumption of liquor and intoxicating drug except for medical purposes (Art. 47).
v) To develop cottage industries ( Art. 43).
vi) To organise agriculture and animal husbandry on modern lines (Art. 48).
vii) To prevent slaughter of useful cattle i.e. cows, calves and other milch and draught, cattle ( Art. 48).
viii) To organise village Panchayats as units of self-government (Art. 40),
ix) To protect and improve the environment and to safeguards forest and wild life (Art. 48A).
x) To protect and maintain places of historic or artistic interest (Art. 49).
xi) To separate the Judiciary from the Executive (Art. 50).
3) Directives in the nature of non-justiciable rights of every citizen-
i) Right to adequate means of livelihood (Art. 39 (a))
ii) Right to both sexes to equal pay for equal work (Art. 39 (d))
iii) Right against economic exploitation (Art. 39(e) (f)).
iv) Right to work (Art.41)
v) Right to education (Art41).

Q :- Describe the mode of election of the President .

Answer :-
Article 54 of the Constitution of India provides the mode of election of the President .
According to this Article the President of India is elected by indirect election by an electoral college, according to the
system ofproportionate representation by means of the single transferable
vote.
Under Article 54 the electoral college shall consist of-
a) the elected members of both Houses of Parliament and
(b) the elected members of the Legislative Assemblies of the States.

There shall be uniformity of representation of the different States at the election, as far as practicable, according to the
population and the total number of elected members of the Legislative Assembly of each State, and parity shall also be
maintained between the States as a whole and the Union.

This system of indirect election of the President has been criticised by some as falling short of the democratic ideal
underlying universal franchise . But this system of indirect election has been supported by the framers of the
Constitution on the following grounds-

i) direct election by an electorate of millions of people would mean a tremendous loss of energy and money ; and

ii) under the system of responsible Government introduced by the Constitution, the real power would vest in
the ministry . Therefore , it would be anomalous to elect the President directly by the people without giving him real
powers.

Q :- Explain the qualifications for being the President or Vice President of India.

Answer :-
Article 58 of the Constitution and Article 66 of the Constitution provide qualifications to be President and Vice- President ,
respectively , of India .
In case of President or a Vice –President , two qualifications are common , viz, that the person must be—
(a) a citizen of India and
(b) over 35 years of age .
c) Further, in order to be a President, he must be qualified for election as a members of the House of the people, while in
order to be a Vice President he must be qualified for election as a member of the Council of States.
There are two negative qualifications or disqualifications , apart from the above positive qualifications. And they are as
follows :-
a) According to the Explanation to the Clause 4 of Article 66 , neither the President nor the Vice- President shall hold any
other of profit (i.e. paid employment ). But the President of India a sitting Vice President a Governor or a Minister of the
Union or of a State is not disqualified for being eligible for the office of Vice-President .
b) Article 59 and 66 provide that neither the President nor the Vice –President shall be a member of either House of
Parliament , and if a Member of Parliament is elected President or Vice President, he shall be deemed to have vacated his
membership on the date of which he enters upon the Office of President or Vice-President, as the case may be .

Q:- Explain the provision as to (a) duration of the Parliament (b) summoning, prorogation and dissolution of Parliament .

Answer :-
According to the Article 80 of the Constitution of India the Council of States is not subject to dissolution. It is a
permanent body, but 1/3 of its members retire on the expiration of every second year, in that behalf . It follows that
there will be an election of 1/3 of the Council of States at the beginning of every third year .
According to the Article 83 of the Constitution of India the normal life of the House of the People is 5 years , but it
may be dissolved earlier by the President under Article 85 (2) (b) of the Constitution of India
On the other hand , under proviso to Article 83 (2) , the President has also the power to extend the normal duration of
Parliament (i.e., the period of 5 years ) in case of a Proclamation of Emergency, i.e. by a period of one year at a time
and not extending beyond 6 months after the Proclamation ceases to operate.
i) Summon either or both Houses of Parliament to meet at such time and place as he thinks fit, subject to the
condition that not more than 6 months shall intervene between the last sitting of one session and the first sitting of
another;

ii) Prorogue the Houses;

iii) Article 85 of the Constitution of India further provides that the President may dissolve the Houses of the People .
These powers will, of course, be exercised by the President with the advice of the Ministry, or more accurately , of the
Prime Minister, as in England . The power of adjournment as in England belongs to the Houses themselves.

Q:- what are the qualifications and disqualifications for membership of Parliament? Can a person be a member both of
Parliament and of a House of the Legislature of a State?

Answer :-
Article 84 of the constitution of India provides the qualification for being member of Parliament . According to this Article
a person shall not be qualified to be chosen to fill a seat in Parliament unless he –
a) is a citizen of India , and makes and sub-scribes before some person authorized in that behalf by the Election
Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule ;
b) is , in the case of a seat in the Council of States , not less than 30 years of age and not less than 25 years of age in the
case of the House of the People ; and
c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament .
Article 102 of the constitution of India provides the disqualifications for membership.
According to this Article a person shall be disqualified for being chosen as, and for being a member of
either House of Parliament .
a) If he holds any office of profit under the Government of India or the Government of any State other than an office
declared by Parliament by law not to disqualify it’s holder;

b) if he is of unsound mind and stands so declared by a competent Court ;

c) if he is an undischarged insolvent;
d) If he is not a citizen of India or has voluntarily acquired citizenship of a foreign State or is under acknowledgment of
allegiance or adherence to a foreign State ;
e) If he is so disqualified by or under any law made by Parliament.

It has also been explained by the Article 102 that for the purpose of this clause a person shall not be deemed to hold an
office of profit
under the Government of India or the Government of any State by reason only that he is a minister either for the
Union or for any State.

Article 103 says that if any question arises as to whether a member of either House of Parliament has become subject
to any of the above disqualifications , the question shall be referred for the President’s decision and his decision shall be
final . Art. 103 further says that before giving any decision on any such question , the President shall obtain the opinion of
the Election Commission and shall act according to such opinion .

Q:- Discuss the power of President to promulgate Ordinances .

Answer :-

Alike Article 213 of the Constitution of India which provides the power of Governor to promulgate Ordinances during
recess of Legislature , Article 123 of the Constitution also provides the Power of President to promulgate Ordinances
during recess of Parliament .
According to the Clause (1) of Article 123 if at any time, except when both Houses of Parliament are in session, the
President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may
promulgate such Ordinance as the circumstances appear to him to require.
Clause (2) says that the Ordinances promulgate under this article shall have the same force and effect as an Act of
Parliament , but every such Ordinance-
a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from
the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by
both Houses, upon the passing of the second of those resolution ; and

b) may be withdrawn at any time by the President.

It has also been explanation by the Article 123 that where the Houses of Parliament are summoned to reassemble on
different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.
Clause 3 provides that if and so far as an Ordinance under this article makes any
provision which Parliament would not under this Constitution be competent to enact, it shall be void .
In the case of A.K. Roy Vs. Union of India it was held that the power of President or Governor to issue an Ordinance is a
legislative power conferred by the Constitution itself .

Q. :- Describe in brief the different stages in the passing of a Bill other than a Money Bill, in Parliament or Write a note on
the legislative procedure in the Indian Parliament.

Answer :-
There are six different stages of passing a Bill other than a Money Bill in the Parliament . These six stages include 1)
Introduction of a Bill , 2) Motions after introduction of a Bill ,3) Report by Select Committee on the Bill , 4) Passing of
the Bill in the House where it was introduced , 5) Passing of the Bill in the other House and 6) President ’s assent on
the Bill .

1) Introduction .
According to the Article Art . 107 (1) of the Constitution a Bill other than financial may be introduced in either House of
Parliament . Either a member or a private Member may introduce a Bill. The difference in the two cases is that any
Member other than a Minister desiring to introduce a Bill has to give notice of his intention and to ask for leave of the
House to introduce, which is, however, rarely opposed. If a Bill has been published in the official gazette before it’s
introduction, no motion for leave to introduce the Bill is necessary. Unless published earlier, the Bill is published in the
official gazette as soon as may be after it has been introduced.

2) Motions after introduction .

After a Bill has been introduced or on some subsequent
occasion the Member-in- charge of the Bill may make one of the following motions in regard to the Bill, viz.-

(a) That it be taken into consideration.

(b) That it may be referred to a Select Committee.
(c)That it may be referred to a Joint Committee of the Houses with the concurrence of the other House.
(d) That it be circulated for the purpose of eliciting public opinion thereon.

On the day on which any of the aforesaid motions is made or any subsequent date the principles of the Bill and
it’s general provisions be discussed. Amendments to the Bill and clause by clause consideration of the provisions of the
Bill take place at any time when the motion that the Bill taken into consideration is carried on.

3) Report by Select Committee.

After introduction of the Bill the Member –in- charge or any other Member by way of an amendment may move that the
Bill be referred to a Select Committee. When such a motion is carried on , a Select Committee of the House considers the
provisions of the Bill but not the principle underlying the Bill which had, in fact , been accepted by
the House when the Bill was referred to the Select Committee. After the Select Committee has considered the Bill it
submits it’s report to the House and after the report is received a motion that the Bill as returned by the Select
Committee be taken into consideration lies. When such a motion is carried on , the clauses of the Bill are open to
consideration and amendments are admissible.

4) Passing of the Bill in the House where it was introduced .

When a motion that the Bill be taken into consideration has been carried on and no amendment of the Bill has
been made or after the amendments are over, the Member –in-charge may move that the Bill be passed. This stage may
be compared to the third reading of a Bill in the House of Commons . When the motion that the Bill may be passed is
carried on , the Bill is taken as passed so far as that House is concerned.

5) Passing in the other House.

When a Bill is passed in one House it is transmitted to the
other House. When the Bill is received in the other House it undergoes all the stages as in the originating House
subsequent to it’s introduction . The House which receives the Bill from another House can therefore, take either of the
following courses;
(i) It may reject the Bill altogether. In such a case the provisions of Article 108 (1) for a joint sitting may be
applied by the President.

(ii) It may pass the Bill with amendments. In this case, the Bill will be returned to the originating House.
Under Article 111 if the House which originated the Bill accepts the Bill as amended by the
other Houses, it will be presented to the President for his assent. According to the Article 108 (1) (b)
if however the originating House does not agree to the amendments made by the other House
 and there is final disagreement as to the amendments between the two House, the President
may summon a joint sitting to resolve the deadlock .

(iii) Under Article 108 (1) (c) it may take no action on the Bill, i.e. keep it lying on it’s Table. In such a case
if more than six months is elapsed from the date of the reception of the Bill, the President may
summon a joint sitting .

6) President ’s assent .
According to the Article 111 when a Bill is passed by both Houses of Parliament either singly or at a joint sitting as
provided in Article 108, the Bill is presented to the President for his assent. If the President gives his assent the
Bill becomes an Act from the date of his assent. Instead of either refusing assent or giving assent, the President may
return the Bill for reconsideration of the Houses with a message requesting them to re-consider it. If, however, the
Houses pass the Bill again with or without amendments and the Bill is presented to the President for his assent after such
reconsideration the President shall have no power to withhold his assent from the Bill .

Q :- What are Money Bills? How shall they be passed under the Constitution of India .

Answer :-
Article 110 of the Constitution of India defines Money Bill . This Article says that a Bill is deemed to be a Money
Bill If it contains only provisions relating to all or any of the following matters :

a) the imposition , abolition, remission, alteration or regulation of any tax;

b) the regulation of the borrowing of money or giving of any guarantee by the Government of India , or the amendment
of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India ;
c) the custody of the Consolidated Fund of the Contingency Fund of India the payment of moneys into or the
withdrawal of moneys from any such fund;
d) the appropriation of moneys out of the Consolidated Fund of India
e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of
the amount of any such expenditure ;
f) the receipt of money on account of the consolidated Fund of India or the public account of India or the custody or
issue of such money or the audit of the accounts of the Union or of a State; or
g) any matter incidental to any of the matters specified in (a) to (f) .

A bill shall not be deemed to be a money Bill by reason only that it provides for the imposition of fines or other pecuniary
penalties , or for the demand or payment of fees for licences or fees for services rendered , or by reason that it provides
for the imposition , abolition , remission , alteration or regulation of any tax by any local authority or body for local
purposes .

If any question arises whether a Bill is a Money Bill or not the decision of the Speaker of the House of the People for of
the Legislative Assembly in the case of State Legislature thereon shall be final . When a Bill is transmitted to the Upper
House of the Legislature or is presented for the assent of the President or of the Governor in the case of a State , it shall
bear the endorsement of the Speaker of the Lower House that it is a Money Bill.

Article 109 of the Constitution laid down the special procedure in respect of Money Bills . The following is the
procedure for the passing of Money Bills in Parliament :

A Money shall not be introduced in the Council of States.

 After a Money Bill has been passed by the House of the People it shall be transmitted to the Council of States
for it’s recommendations and the Council of States shall within as period of fourteen days from the date of receipt of
the Bill return the Bill to the House of the people with it’s recommendations.
If the House of the people accepts any of the recommendations of the Council of the States , the Money
Bill shall be deemed to have been passed by both Houses with the amendmets recommended by the Council of States
and accepted by the House of the People.
If the House of the People does not accept any of the recommendations of the Council of States the Money Bill
shall be deemed to have been passed by both Houses in the form in which it was passed by the House of the
People without any of the amendments recommended by the Council of States.
If a Money Bill passed by the House of the People and transmitted to the Council of States for it’s
recommendations and is not returned to the House of the People within the said period of fourteen days, it shall be
deemed to have been passed by both houses at the expiration of the said period in the form in which it was passed by
the House of the People .

Q:- Discuss the power of Governor to promulgate Ordinances .

Answer :-

Article 213 of the Constitution of India provides the power of Governor to promulgate Ordinances during recess
or Legislature .
According to this Article 213 if at any time, except when the Legislative Assembly of a State is in session, or where there
is a Legislative Council in a State except when both Houses of the Legislature are in session, the Governor is
satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate
such Ordinances as the circumstances appear to him to require.
It has also been provided that the Governor shall not, without instructions from the President ,
promulgate any such Ordinance if-
i) a Bill containing the same provisions would under this Constitution have required the previous sanction of the
President for the introduction thereof into the Legislature ; or
ii) he would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of
the President; or
iii) an Act of the Legislature of the State containing the same provisions would under this Constitution have
been invalid unless, having been reserved for the consideration of the President, it had received the assent of the
President.
An Ordinance promulgated under this article shall have the same force and effect as an Act of the Legislature of the
State assented to by the Governor, but every such Ordinance-
i) shall be laid before the Legislative Assembly of the State , before both the Houses , and shall cease to operate at the
expiration of six weeks from the reassembly of the Legislature, or if before the expiration of that period a
resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any,
upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the Council; and
ii) may be withdrawn at any time by the Governor.
Explanation to the Article 213 says that where the Houses of the Legislature of a State having a Legislative Council are
summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates
for the purposes of this clause.
If and so far as an Ordinance under this article makes any provision which would not be valid if enacted in an Act of
the Legislature of the State assented to by the Governor , it shall be void.
It has further been provided that for the purposes of the provisions of this Constitution relating to the effect of
an Act of the Legislature of a State which is repugnant to an Act of Parliament or an existing law with respect to a
matter enumerated in the Concurrent List, an Ordinance promulgated under this article in pursuance of instructions from
the President shall be deemed to be an Act of the Legislature of the State which has been reserved for the consideration
of the President and assented to by him.

Q :- Discuss the constitution of the Supreme Court. Explain the provision relating to the appointment and tenure of the
Judges of the Supreme Court of India .
Answer :-
Article 124 of the Constitution of India provides establishment and constitution of Supreme Court of India .
According to this Article the Supreme Court stands at the head of the Judicial system of India. Parliament has the power
to make laws regulating the constitution, organisation, jurisdiction and powers of Supreme Court . Subject to such
legislation, the Supreme Court consists of the Chief Justice of India and , according to the amendment of 1986 , not more
than twenty five other Judges .
Article 124 further provides that every Judge of the Supreme Court shall be appointed by the President of India. The
President shall, in this matter consult with such of the Judges of the Supreme Court and of the High Courts in the States
as the President may deem necessary for the purpose .other persons besides taking the advice of his Ministers. In
the matter of appointment of the Chief Justice of India , he shall consult such Judges of the Supreme Court and of the
High Court as he may deem necessary. The above provision , thus ensured independence of Judiciary by
renouncing the mode of appointment of Judge by the Executive and also tried to make it free from being committed
Judiciary .
A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is—
( i ) a citizen of India ; and
(ii) a distinguished jurist ; or
(iii) has been an Advocate of a High Court or of two or more such Courts in succession for at least 10 years, or
(iv) has been for at least five years a Judge of a High Court or of two or more such Courts in succession .

No minimum age is prescribed for appointment as a Judge of the Supreme Court nor any fixed period of office. Once
appointed, a Judge of the Supreme Court may cease to be so, on the happening of any one of the following
contingencies:
a) on attaining the age of 65 years ;
b) on resigning his Office by writing addressed to the President ;
c) on being removed by the President upon an address to that effect being passed by a special majority of not less
than two thirds of the members of that House present and voting in each House of Parliament .

Q:- Discuss the functions and jurisdiction of the Supreme Court of India . or “The Supreme Court in the Indian Union has
more powers than any Supreme Court in any part of the World” – Comment.
Answer :-
The jurisdiction of the Supreme Court is three-fold, namely ,
(a) Original jurisdiction .
Article 131 of the Constitution of India deals with the original jurisdiction of the Supreme Court of India ;
(b) Appellate jurisdiction .
The appellate jurisdiction of the Supreme Court of India is provided by the Articles 132, 133, 134,136 and 138 of the
Constitution of India ; and
(c) Advisory jurisdiction .
Advisory jurisdiction of the Supreme Court of India is provided by the Article 143 of the Constitution of India .
 In the Constituent Assembly Sir Alladi Krishnaswami Ayyar observed that
the supreme Court in the Indian Union has more powers than any supreme Court in any part of the World. Because the
Supreme Court of India is ‘guardian of the Constitution ’ . The expression ‘guardian of the Constitution ’ is used in a
federal country in the sense that the Supreme Court solves the disputes with regard to the distribution of
powers between the Union and the States and interprets as well as enforces the provisions of the written
Constitution upon all the constituent bodies of the State . It is also the highest Court of appeal in the country, to hear
appeals from all causes, subject, of course to certain limitations.

Original jurisdiction :-
According to the Article 131 of the Constitution of India subject to the provisions of the Constitution the Supreme Court
shall to the exclusion of any other Court , have original Jurisdiction in any dispute ----
a) between the Government of India and one or more States ; or
b) between the Government of India and any State or States on one side and one or more other States on the other ; or
c) between two or more States .
It is also provided by the Art.131 that the Supreme Court shall have no jurisdiction to try any dispute relating to
any State, if such jurisdiction is barred by the provisions of any treaty , agreement engagement or the like.

Appellate jurisdiction:-
The Appellate jurisdiction of the Supreme Court may be divided under three heads:
i) Under Article 132 of the Constitution of India if any substantial question of law as to the interpretation of the
constitution is involved , an appeal shall lie to the Supreme Court from any judgment or final order of any High Court
either on the certificate of the High Court that such a question is involved, or by special leave of the Supreme Court .
ii) Under Article 133 of the Constitution of India in ordinary civil cases, where no constitutional question is involved an
appeal shall lie to Supreme Court only if the High Court certifies-.
a) that the case involves a substantial question of law of general importance ; and
(b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.

iii) Under Article 134 of the Constitution of India in criminal cases, an appeal shall lie to the Supreme Court from the
decision of a High Court, if the High Court-
a) has an appeal reversed an order of acquittal of an accused person and sentenced him to death ; or
(b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial
convicted the accused person and sentenced him to death ; or
( c) certifies that the case is a fit one for appeal to the Supreme Court .
Under Article 136 of the Constitution of India the Supreme Court may also grant special leave to appeal in any case not
covered by Articles 132, 133 and 134 . This jurisdiction is very wide, inasmuch as it relates not only to judgments or orders
of the High Courts but also to those of any tribunal in the territory of India excepting military tribunals.
According to the Art. 138 of the Constitution of India , besides the above powers enumerated by the Constitution ,
Parliament is empowered
to confer additional jurisdiction upon the Supreme Court as regards any matter included in the Union Legislative List .
Advisory jurisdiction:-
Article 143 provides advisory jurisdiction and says that besides the above regular jurisdiction of the Supreme Court, it
shall have an advisory jurisdiction, to give it’s opinion on any question of law or fact of public importance as may be
referred to it’s consideration by the President .

As for example , a reference was made to the Supreme Court by the Central Government as to whether the structure in
Ayodhya was a temple or a mosque , for it’s opinion on the question of law and fact of public importance .
Q:- Discuss the provision as to appointment and tenure of High Court Judges.

Answer :-

According to the Article 217 of the Constitution of India every Judge of a High Court shall be appointed by
the President. In making the appointment the President shall consult the Chief Justice of India, the Governor of the
State and also the Chief Justice of that High Court in the matter of appointment of a Judge other than Chief Justice.

A person shall not be qualified for appointment as Judge of a High Court unless he is citizen of India and-
a) has for at least ten years held judicial office in the territory of India ; or
b) has for at least ten years been an advocate of a High Court or two more such Courts in succession.

According to the Art. 217 (3) of the Constitution of India a permanent Judge of the High Court shall hold office until the
age of 62 years . If any question arises as to his age of a Judge of a High Court , the question shall be decided by the
President, in constitution with the chief Justice of India and the decision of the President shall be final .
In the case of an additional or acting Judge , as provided in Article 224 , and in any other case , he shall hold office until
attains the age of sixty-two years . Provided that

(i) A Judge may by writing under his hand addressed to the President resign his office ;
(ii) The office of a Judge shall be vacated by his being by the President to be a a Judge of the Supreme
Court or by his being transferred to any other High Court within the territory of India ;

(iii) A Judge may be removed from his office by the President in the manner provided in clause (4) of Article
124 on an address of both Houses of Parliament supported by the vote of 2/3rd of the members
present , on the ground of proved misbehaviour or incapacity. The mode of removal of a Judge of
the High Court shall be the same as that of a Judge of the Supreme Court .

Q :- Describe the administrative functions of the High Courts, and the power of superintendence over subordinate Courts
and tribunals.
Answer :-
Article 227 of the Constitution of India provides the power of superintendence over all courts by the High Court .

Under this Article every High Court shall have the power of superintendence over all Courts and tribunals throughout the
territories in relation to which it exercises it’s jurisdiction .

The power of superintendence of the High Court is a very wide power inasmuch as it extends to all Courts and tribunals
within the State, whether such Court or tribunal is subject to the appellate jurisdiction of the High Court or not .

That apart , the power of superintendence would include a revisional jurisdiction to intervene in cases of gross injustice
or non-exercise or abuse of jurisdiction , even though no appeal or revision against the orders of such tribunal was
otherwise available.

The power of superintendence of the High Court includes the power to -----
i) call for returns;
ii) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
iii) prescribe forms in which books, entries and accounts shall be kept by the officers of such courts.

The High Court may also and settle tables of fees allowed to the sheriff and all clerks and officers of courts; and to
attorneys, advocates and pleaders practising therein.

Q:- Explain the distribution of legislative powers between the Union and the States under the Constitution . Discuss the
Legislative relations between the Union and the States in India .

Answer:-
According to the Art 246 of the Constitution of India there is a threefold distribution of legislative powers between the
Union and the States. There are three Legislative Lists in Sch. VII of the Constitution.

List I or the Union List contains subject over which the Union shall have exclusive power of legislation This
list includes 97 items or subjects. They are defence, foreign affairs, banking, currency and coinage, Union duties and
taxes and etc.

List II or the State List now comprises of 66 items or entries over which the State Legislature shall have
exclusive power of legislation, such as public order and police, local government , public health and sanitation,
agriculture, forests and fishers, education, State taxes and duties and etc.

List III gives concurrent powers to the Union and the State Legislatures over 47 items, such as Criminal law and
procedure , Civil procedure, marriage, contacts, torts, trusts, welfare of labour, social insurance, economic and social
planning and etc.

In the event of overlapping of a matter as between the three Lists, predominance has been given to the Union
Legislature. Thus, the power of the State Legislature to legislate with respect to matters enumerated in the State List has
been made subject to the power of the Union Parliament to legislate in respect of matters enumerated in the Union
and Concurrent Lists. In case of repugnancy between a law of a State and a valid Union legislation relates to a concurrent
subject, the State legislation may prevail notwithstanding, such repugnancy, if the State law was reserved for the
President and has received his assent.

As for example , some provisions of the West Bengal Land Reforms Act are repugnant to the Constitutional provision of
right to property but since the Land Reforms Act has obtained President’s assent , these provisions will prevail .

Under the Act of 1935, the residual powers were vested neither in the Federation not in the State but were placed at the
hands of the Governor-General . But the Article 248 of the Constitution vests the residuary power i.e. the power
to legislate in respect of any matter not enumerated in any one of the three Lists,- in the Union .

The foregoing is an account of the division of legislative powers between the Union and the States with reference to the
subjects of legislation.

According to the Clause 4 of Article 246 of the Constitution of India the territorial jurisdiction is also divided . A
State Legislature may make laws for that State only, but the Union Parliament may make laws for the whole of
the territory of India or any part thereof. As regards territories not included i.e. a State (e.g., the Union Territories).
Parliament may make laws even with respect to subjects which are included in the States List .
Q:- What do you mean by ‘Proclamation of Emergency ’? Indicate the effects of such a Proclamation under the
Constitution.

Answer :-

Emergencies are of three kinds , firstly , under Article 352 when the security of India is threatened , secondly ,
under Article 356 when constitutional machinery of any State is broken down and thirdly , under Article 360 when financial
stability of India or any part of the territory is threatened .
According to the Article 352 of the Constitution of India ‘Emergency’ means the existence of a condition whereby the
security of India or any part thereof is threatened by war or external aggression or armed rebellion. A state of emergency
exists under the Constitution when the President makes a ‘Proclamation of Emergency’. The actual occurrence of
war or any internal violence is not necessary to justify a Proclamation of Emergency by the President. The President
may make such a Proclamation under Article 352 of the Constitution if he is satisfied that there is an imminent danger of
such external aggression, and the Courts have no jurisdiction to enquire whether the security of India has in fact been
threatened or not. In other words, the Courts cannot enquire into the validity of a Proclamation by the President on the
ground that no emergency did exist in fact .

The effects of a Proclamation of Emergency on the working of the Constitution may be discussed under
four heads ---
a) Executive;
b) Legislative;
c) Financial ; and
d) as to Fundamental Rights.

a) Executive : According to the Article 353 , Clause (a) when a Proclamation of Emergency has been made the
executive
power of the Union shall, during the operation of the Proclamation , extend to the giving of directions to any State as
to be exercised.

In normal times, the Union Executive has the power to give directions to a State which includes only the matters
specified in Arts. 256-257. But under a Proclamation of Emergency , the Government of India shall acquire the power to
give direction to a State on ‘any’ matter, so that though the State Government will not be suspended , it will be under
the complete control of the Union Executive, and the administration of the country, in so far as the Proclamation goes,
will function as under a unitary system wiah local sub-divisions.

b) Legislative : According to the Article 83 (2) while a Proclamation of Emergency is in operation , Parliament
may, by law, extend the normal life of the House of the People ( 5 years) for a period not exceeding one year at a
time and not extending in any case beyond a period of 6 months after the Proclamation has ceased to operate .

As soon as a Proclamation of Emergency is made the Legislative Competence of the Union Parliament shall be
automatically widened and the limitation imposed as regards List II, by Article 246 (3) , shall be removed. In other words,
during the operation of the Proclamation of Emergency, Parliament shall have the power to legislate as regards List II (
State List) as well under Article 250 , Clause (1). Though the Proclamation shall not suspend the State Legislature, it will
suspend the distribution of legislative powers between the Union and the State, so far as the Union is concerned,- so
that the Union Parliament may meet the emergency by legislation over any subject as may be necessary , as if the
Constitution were unitary.
 According to the Article 353 , Clause(b) in order to carry out the laws made by the Union Parliament under it’s
extended jurisdiction as outlined above Parliament shall also have the power to make laws conferring powers, or
imposing duties as may be necessary for the purpose, upon the Executive of the Union .

c) Financial :Under Article 354 the during operation of the Proclamation of Emergency, the President shall have
the Constitutional power to modify the provisions of the Constitution relating to the allocation of
financial relations between the Union and the States , by his own Order. But no such Order shall
have effect beyond the financial year in which the Proclamation itself ceases to operate , and , further, such Order of
the President shall be subject to approval by Parliament.

d) As regards Fundamental Rights: Articles 358-359 lay down the effects of a Proclamation of Emergency upon
fundamental rights.

While Art 358 provides that the State would be free from the limitations imposed by Art. 19, so that these rights would
be non-existent against the State during the operation of a Proclamation of Emergency made on the grounds of War or
extend aggression under Art. 359. the rights themselves would not be suspended but the right to move the Courts for
the enforcement of the fundamental rights other than Arts. 20 and 21, would remain suspended by Order of the
President. On the other hand, while the suspension under Art. 358 will continue during the operation of
the Proclamation , the duration of the suspension under Art. 359 may be made shorter by the President’s Order, so that
it may not continue beyond the necessities of the case. In short, the provisions of Art. 352 and its allied article arm the
centre with extraordinary powers not only against the units of the Federation but also against the people.

Q :- Discuss the provisions of the Constitution of India, for carrying on the administration of a State in case of failure of the
constitutional machinery .

Answer:-
Article 356 deals with the situation of failure of Constitutional machinery in States .
According to this Article ----
(1) If the President on receipt of report from the Governor of a State or otherwise, is satisfied that a situation
has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this
Constitution, the President may by Proclamation-

(a) assume to himself all or any of the functions of the Government of the State and all or any of the
powers vested in or exercisable by the Governor or any body or authority in the State other than the
Legislature of the State;

(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of
Parliament ;

(c) make such incidental and consequential provisions as appear to the President to be necessary or
desirable for giving effect to the objects of the Proclamation, including provisions for suspending in
whole or in part the operation of any body or authority in the State.

It has also been provided that nothing in this clause shall authorise the President to assume to himself any of the
powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this
Constitution relating to High Courts.

(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.

 (3) Every Proclamation issued under this article shall be laid before each House of
Parliament and shall, except where it is a Proclamation revoking a previous Proclamation cease to operate at
the expiration of two months unless before the expiration of that period it has been approved by resolution s of
both Houses of Parliament.

Provided that if any such Proclamation , not being a Proclamation , is issued at a time when the House of
the People is dissolved or the dissolution of the House of the People takes place during the period of two months
referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but
no resolution with respect to such Proclamation has been passed by the House of the People before the expiration
of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House
of the people first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution
approving the Proclamation has been also passed by the House of the People.

(4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six
months from the date of issue of the Proclamation :

I has further been provided that if and so often as a resolution approving the continuance in force of such
a Proclamation is passed by both Houses of Parliament , the Proclamation shall, unless revoked, continue in force for
a further period of six months from the date on which under this clause it would otherwise have ceased to operate, but
no such Proclamation shall in any case remain in force for more than three years.

Provided further that if the dissolution of the House of the People takes place during any such period of six
months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of
States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of
the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on
which the House of the people first sits after its reconstitution unless before the expiration of the said period of
thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the
People.

It is also provided that notwithstanding anything contained in clause (4), a resolution with respect to
the continuance in force of a Proclamation approved under clause (3) for any period beyond the expiration of one year
from the date of issue of such Proclamation shall not be passed by either House of Parliament unless-

(a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or
any part of the State, at the time of the passing of such resolution , and

(b) the Election Commission certifies that the continuance in force of the Proclamation approved under
clause (3) during the period specified in such resolution is necessary on account of difficulties in
holding general elections to the Legislative Assembly of the State concerned .

Q:- What is the Constitutional provision regarding financial Emergency . What are the effects of proclamation of financial
Emergency.

Answer :-
Article 360 of the Constitution deals with financial emergency .

According to Clause 1 of this Article , If the President is satisfied that a situation has arisen whereby the financial
stability or credit of India or any part of the territory thereof is threatened, he may by a Proclamation make a
declaration to that effect.

Clause 2 speaks that a Proclamation issued under clause (1)-

a) may be revoked or varied by a subsequent Proclamation and
b) shall cease to operate at the expiration of two months , unless before the expiration of that period it has been
approved by resolutions of both Houses of Parliament .

It has further been provided that if any such Proclamation is issued at a time when the House of the People has been
dissolved or the dissolution of the House of the People takes place during the period of two months referred to in sub-
clause (c), and if a resolution approving the Proclamation has been passed by the Council of States, but no
resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that
period , the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of
the People first sits after its reconstitution, unless before the expiration of the said period of thirty days a resolution
approving the Proclamation has been also passed by the House of the People.

Clause 3 provides that during the period any such Proclamation as is mentioned in clause (1) is in operation, the
executive authority of the Union shall extend to the giving of directions to any State to observe such canons of
financial propriety as may be specified in the directions, and to the giving of such other directions as
the President may deem necessary and adequate for the purpose.

Clause 4 says that ----

(a) any such direction may include-

i) a provision requiring the reduction of salaries and allowances of all or any salaries and allowances of all or
any class of persons serving in connection with the affairs of a State;
ii) a provision requiring all Money Bills or other Bills to which the provisions of Article 207 apply to be
reserved for the consideration to the President after they are passed by the Legislature of the State ;
(b)It shall be competent for the President during the period any Proclamation issued under this article is in
operation to issue directions for the reduction of salaries and allowances of all or any class of persons serving in
connection with the affairs of the Union including the Judges of the Supreme Court and the High Courts.

Q:- Discuss the power and the procedure of amendment of the Constitution .
Answer :-

Article 368 of the Constitution provides the Power to amend it and the procedure thereof .
According to the Clause 1 of the Article 368 , notwithstanding anything in this Constitution, Parliament may
in exercise of it’s constituent power amend by way of addition variation or repeal any provision of this Constitution in
accordance with the procedure laid down in this article.

Clause 2 says that an amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose
in either House of Parliament and when the Bill is passed in each House by a majority of the total membership of
that House by a majority of not less than two- thirds of the members of that House present and voting , it shall be
presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended
in accordance with the terms of the Bill.

It has also been provided in the Article 368 that if such amendment seeks to make any change in-

a)Article 54 or election of President , Article 55 or manner of election of President , Article 73 or the extent of executive
power of the Union , Article 162 the extent of executive power of the State and Article 241 or High Courts for Union
territories, or
b) Chapter IV of Part V or the provisions regarding Union Judiciary, Chapter V of Part VI or the provisions regarding
Subordinate Courts , or Chapter I of Part XI or the provisions regarding Legislative Relations and distribution of legislative
powers , or
c) any of the Lists in the Seventh Schedule i.e the items of Union list, or
d) the representation of States in Parliament, or
e) the provisions of this article,
the amendment shall also require to be ratified by the Legislature of not less than one-half of the States by resolutions
to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to
the President for assent.

According to the Clause 3 of the Article that nothing in Article 13 or the laws inconsistent with or in derogation of the
fundamental rights , shall apply to any amendment made under this article .

In the case of L . Chandra Kumar v. Union of India it was also held that the Articles-368 and 13 as well as the power
of judicial review, is a basic and essential feature of the Constitution .

Clause 4 of the Article says that no amendment of this Constitution , including the provisions of Part III or the
provisions of fundamental rights , made or purporting to have been made under to have been
made under this article ,whether before or after the commencement of Section 55 of the Constitution ( Forty –
second Amendment ) Act, 1976, shall be called in question in any Court on any ground.

Clause 5 of the Article has lastly declared that for the removal of doubts that there be no limitation whatever on
the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution
under this article.

In the case of Minerva Mills Ltd. v. Union of India , it was held by the Supreme Court that the Article 368 (4) and
(5) (as introduced by 42nd Amendment Act) is unconstitutional as damaging the basic and essential features of the
Constitution .

In the case of Coelho V. State of T.N., it was further held that the Parliament cannot increase the amending power by
amendment of Article 368 to confer on itself unlimited power of amendment and destroy and damage the fundamental
of the Constitution , nor can it use Article 31-B to achieve the same purpose . Article 31-B therefore cannot go beyond
the limited amending power contained in Article 368 .
And in the case of Kesavananda Bharati v. State of Kerala it was held by a landmark Judgment that
any amendment that abridges the basic features of the Constitution shall be deemed to be ultra vires.

There have been several challenges to Constitutional Amendments after 1973 either on the ground that they violate a
basic feature or that procedure laid down in Article 368 has not been followed.

Power of amendment under Article 368 is a derivative power and not unlimited. Though amendments can affect ordinary
principle of equality, basic features of Constitution cannot be anended.

Attorney – General for India .

Answer :-
Article 76 of the Constitution of India contains the provisions regarding the Attorney – General for
India . According to this Article ---

The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be Attorney -
General for India.

It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters,
and to perform such other duties of a legal character , as may from time to time be referred or assigned to him by
the President, and to discharge the functions conferred on him by or under this Constitution o any other law for the
time being in force.

In the performance of his duties the Attorney General shall have right of audience in all courts in the territory of
India.
The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as
the President may determine.

Article 88 says about the rights of Attorney General as respects Houses . According to this Article the Attorney- General
of India shall have the right to speak in, and otherwise to take part in the proceedings of, either House, any
joint sitting of the Houses, and any committee of Parliament of which he may be named a member , but shall not by
virtue of this article be entitled to vote.

Comptroller and Auditor –General of India.

Answer :-
Article 148 provides that ---
(1) There shall be a Comptroller and Auditor- General of India who shall be appointed by the President by warrant under
his hand and seal and shall only be removed from office in like manner and on the like grounds as a judge of the
Supreme Court.

(2) Every person appointed to be the Comptroller and Auditor-General of India shall, before he enters upon his office,
make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation
according to the form set out for the purpose in the Third Schedule.

(3) The salary and other conditions of service of the Comptroller and Auditor-General shall be such as may be
determined by Parliament by law and, until they are so determined, shall be as specified in the Second Schedule.
It has also been provided that neither the salary of a Comptroller and Auditor –General not his rights in respect of
leave of absence, pension or age of retirement shall be varied to his disadvantages after his appointment.

(4) The Comptroller and Auditor- General shall not be eligible for further office either under the Government of India or
under the Government of any State after he has ceased to hold his office.

(5) Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of service of
persons serving in the Indian Audit and Accounts Department and the administrative powers of the Comptroller and
Auditor-General shall be such as may be prescribed by rules made by the President after consultation with the
Comptroller and Auditor-General.

(6) The administrative expenses of the office of the Comptroller and Auditor-General, including all salaries,
allowances and pensions payable to or in respect of persons serving in that office, shall be charged upon the
Consolidated Fund of India.

Article 149 provides the duties and powers of the comptroller and Auditor-General of India . According to this
Article the Comptroller and Auditor – General shall perform such duties and exercise such powers in relation to the
accounts of the Union and of the States and of any other authority or body as may be prescribed by or under any
law made by Parliament and until provision in that behalf is so made, shall perform such duties and exercise such
powers in relation to the accounts of the Union and of the States as were conferred on or exercisable by the Auditor –
General of India immediately before the commencement of this Constitution in relation to the accounts of the Dominion of
India and of the Provinces respectively.

Article 151 deals with the Audit reports . This Article speaks that---

(1) The reports of the Comptroller and Auditor –General of India relating to the accounts of the Union
shall be submitted to the President, who shall cause them to be laid before each House of Parliament.

(2) The reports of the Comptroller and Auditor General of India relating to the accounts of a State shall be submitted
to the Governor of the State, who shall cause them to be laid before the Legislature of the State.

Advocate –General for the State .

Answer :-
Article 165 of the Constitution of India provides that the Governor of each State shall appoint a person who is qualified
to be appointed a Judge of a High Court to be Advocate-General for the State.

And it shall be the duty of the Advocate –General to give advice to the Government of the State upon such legal matters,
and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the
Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the
time in force.

Further , the Advocate- General shall hold office during the pleasure of the Governor, and shall receive
such remuneration as the Governor may determine.
Inter-State Council .
Answer :-
With an eye to ensure co-ordination between the States Article 263 of the Constitution provides for establishment of inter-
State Council .
According to the Article 263 , if at any time it appears to the President that the public interests would be served by the
establishment of a Council charged with the duty of-

a) inquiring into and advising upon disputes which may have arisen between States:
b) investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States,
have a common interest; or
c) making recommendations upon any such subject and, in particular, recommendations for the better co-ordination of
policy and action with respect to that subject,

it shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be
performed by it and its organisation and procedure.

Election Commission of India.

Answer :-
Article 324 provides the power of Superintendence, direction and control of elections by the Election
Commission for the sake of real Democracy . According to this Article -----

The Superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections
to Parliament and to the Legislature of every State and of elections to the offices of President and Vice –President held
under this Constitution shall be vested in a Commission , referred to in this Constitution as the Election Commission.

The Election Commission shall consists of the Chief Election Commissioners, if any, as the President may from time to
time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the
provisions of any law made in that behalf by Parliament be made by the President.

When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of
the Election Commission.

Before each general election to the House of the People and to the Legislative Assembly of each State, and before the
first general election and thereafter before each biennial election to the Legislative Council of each State having such
Council, the President may also appoint after consultation with the Election Commission such Regional Commissioners
as he may consider necessary to assist the Election Commission in the performance of the functions conferred on the
Commission by clause.
Subject to the provisions of any law made by Parliament , the conditions of service and tenure of office of the
Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine:

It has also been provided that the Chief Election Commissioner shall not be removed from his office except in
like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief
Election Commissioner shall not be varied to his disadvantages after his appointment:

It has further been provided that any other Election Commissioner or a Regional Commissioner shall not be
removed from office except on the recommendation of the Chief Election Commissioner.
The President or the Governor of a State shall, when so requested by the Election Commission, make available to
the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the
functions conferred on the Election Commission .

It was held that the Election Commission is in sole charge of determining schedule and conducting of elections. And
Chief Election Commissioner is merely the first among equals .

Constitutional right to be included in the electoral roll .

Answer :-

Article 325 provides the Constitutional right to be included in the electoral roll .

This Article says that no person to be ineligible for inclusion in, or to claim to be included in a special,
electoral roll on grounds of religion, race, caste or sex: There shall be one general electoral roll for every territorial
constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and
no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for
any such constituency on grounds only of religion, race, caste, sex or any of them.

Article 370 of the Constitution of India .

Answer :-

Article 370 of the Constitution of India provides temporary provisions with respect to the State of Jammu and Kashmir .
Article 370 runs thus ---- “ Notwithstanding anything in this Constitution,-

a) the provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir;

b) the power of Parliament to make laws for the said State shall be limited to-

I ) those matters in the Union List and the Concurrent List which , in consultation with the Government of the State, are
declared by the President to correspond to matters specified in the Instrument of Accession governing
the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature
may make laws for that State; and

ii) such other matters in the said Lists as with the concurrence of the ‘Government of the State, the President may by
order specify.

Explanation.- For the purposes of this article, the Government of the State means the person for the time
being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of
Ministers for the time being in office under the Maharaja’s Proclamation dated the fifth day of March, 1948;

a) the provisions of Article I and of this article shall apply in relation to the State.

b) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and
modifications as the President may by order specify.
 Provided that no such order which relates to the matters specified in the Instrument of Accession of the
State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the
State.

Provided further that no such order which relates to matters other than those referred to in the last
preceding proviso shall be issued except with the concurrence of that Government.

2) If the concurrence of the Government of the State referred to in Paragraph (ii) of sub-clause (b) of clause (1) or in the
second proviso to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of
framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may
take thereon.

3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare
that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from
such date as he may specify.

Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary
before the President issues such a notification. “

By the Constitution Amendment ( seventh) Act , 1956 , the Part- vii , containing Article 238 of the Constitution has been
repealed or omitted. The Constitution ( Application to Jammu and Kashmir ) Order , 1954 , has been amended from time to
time .