Constitution
The Constitution which envisages parliamentary form of government is federal in structure with unitary features. President of India is constitutional head of executive of the Union. Article 74 (1) of the Constitution provides that there shall be a Council of Ministers with the Prime Minister as head to aid and advise president who shall in exercise of his functions, act in accordance with such advice. Real executive power thus vests in Council of Ministers with Prime Minister as head. Council of Ministers is collectively responsible to the House of the People (Lok Sabha). Similarly, in states, Governor is head of executive, but it is the Council of Ministers with Chief Minister as head in whom real executive power vests. Council of Ministers of a state is collectively responsible to Legislative Assembly.
AMENDED PREAMBLE
We, the people of India, having solemnly resolved to constitute India into 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 to promote among them all FRATERNITY assuring the dignity of the individual and unity and integration of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. (Words in Italics added by the 42nd Constitutional Amendment.)
EXECUTIVE The Union executive consists of the President, the Vice-President and the Council of Ministers with the Prime Minister at the head to aid and advise the President.
PRESIDENT The President is elected by members of an electoral college consisting of elected members of both Houses of Parliament and Legislative Assemblies of the states in accordance with the system of proportional representation by means of single transferable vote. To secure uniformity among state inter se as well as parity between the states, as a whole, and the Union, suitable weightage is given to each vote.President must be a citizen of India, not less than 35 years of age and qualified for election as member of the Lok Sabha. His term of office is five years and he is eligible for re-election. He may, by writing under his hand addressed to the Vice-President, resign his office. Supreme command of defence forces of the Union also vests in him. The President summons, prorogues, addresses, sends messages to Parliament and dissolves the Lok Sabha; promulgates Ordinances at any time, except when both Houses of Parliament are in session. President makes recommendations for introducing financial and money bills and gives assent to bills; grants pardons, reprieves, respites or remission of punishment or suspends, remits or commutes sentences in certain cases. During failure of the constitutional machinery in a state, he can assume to himself all or any of the functions of the government of that state.
VICE-PRESIDENT
The Vice-President is elected by members of an electoral college consisting of members of both Houses of Parliament in accordance with the system of proportional representation by means of single transferable vote. He must be a citizen of India, not less than 35 years of age and eligible for election as a member of the Rajya Sabha. His term of office is five years and he is eligible for re-election. The Vice-President is ex-officio Chairman of the Rajya Sabha and acts as President when the latter is unable to discharge his functions due to absence, illness or any other cause or till the election of a new President (to be held within six months) when a vacancy is caused by death, resignation or removal or otherwise of President. While so acting, he ceases to perform the function of the Chairman of the Rajya Sabha.
COUNCIL OF MINISTERS
Headed by the Prime Minister to aid and advice the President in exercise of his functions. The Prime Minister is appointed by the
President who also appoints other ministers on the advice of Prime Minister. The Council is collectively responsible to the Lok Sabha. The Council of Ministers comprises Ministers who are members of Cabinet, Ministers of State (independent
charge), Ministers of State and Deputy Ministers.
SPEAKER
The House of the People elects a Speaker, and a Deputy Speaker from among its members. The principal function of the Speaker is to preside over the meetings of the House in addition to other duties in connection with the internal affairs of the House of the People.
Speaker’s Powers: The Speaker of India’s Lok Sabha derives his authority from the Constitution and the Rules of Procedure of the House. Briefly stated, his powers and functions are:
(i) He presides over the sittings of the Lok Sabha and regulates the conduct of the proceedings. He can also suspend or adjourn its sittings.
(ii ) He pronounces on the admissibility of all motions, resolutions and questions sought to be tabled by the Members.
(iii) He can discipline, warn, censure or suspend members for unparliamentary speech or unruly conduct. He can order that an unruly member be physically removed from the House.
(iv) He decides points of order and his ruling cannot be challenged either in the House or in a court of law.
(v) He announces the verdict of the House whenever a vote is taken or a division is called. Before a bill can be sent to the President for his assent or to the Upper House for consideration, it must be authenticated by the Speaker’s signatures.
(vi) He is the channel of communication between the two Houses, as also between the Lok Sabha and the President.
(vii) All orders of the House are executed through him and all petitions and appeals to the Lok Sabha are addressed to him.
(viii) He is the supreme head of all Parliamentary Committees set up by him or by the House.
(ix) He holds administrative charge of the Lok Sabha Secretariat and the Parliament building. He regulates entry into the visitors’ and press galleries and also the lobby.
RAJYA SABHA The Constitution provides that the Rajya Sabha shall consist of 250 members, of which 12 members shall be nominated by the President from amongst persons having special knowledge or practical experience in respect of such matters as literature, science, art and social service; and not more than 238 representatives of the states and of the union territories.
Elections to the Rajya Sabha are indirect; members representing states are elected by elected members of legislative assemblies of the states in accordance with the system of proportional representation by means of the single transferable vote, and those representing union territories are chosen in such manner as Parliament may by law prescribe.
The Rajya Sabha is not subject to dissolution; one-third of its members retire on expiry of every second year. The Rajya Sabha, at present, has 245 seats. Of these, 233 members represent the states and the union territories and 12 members are nominated by the President.
LOK SABHA The Lok Sabha is composed of representatives of people chosen by direct election on the basis of adult suffrage. The maximum strength of the House envisaged by the Constitution is now 552 (530 members to represent States, 20 to represent Union territories and not more than two members of Anglo-Indian community to be nominated by the President, if, in his opinion, that community is not adequately represented in the House). The total elective membership of the Lok Sabha is distributed among States in such a way that the ratio between the number of seats allotted to each State and population of the State is, as far as practicable, the same for all States.The Lok Sabha at present consists of 545 members. Of these, 530 members are directly elected from 25 States and 13 from seven Union territories while two are nominated by the President to represent the Anglo-Indian community. The allocation of seats in the present Lok Sabha is based on the 1971 census and under the 42nd Amendment of the Constitution (1976) will continue to be so based until figures of the first census taken after 2000 AD become available.
The term of the Lok Sabha, unless dissolved, is five years from the date appointed for its first meeting. However, while a proclamation of emergency is in operation, this period may be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case, beyond a period of six months after the proclamation has ceased to operate. Fourteen Lok Sabhas have been constituted so far.
ALL INDIA SERVICES
Prior to Independence, the Indian Civil Service (ICS) was the seniormost amongst the Services of the Crown in India. A provision was made in Article 312 of the Constitution for creation of one or more All India Services common to the Union and State. Indian Administrative Service and Indian Police Service are deemed to be constituted by the Parliament in terms of Article 312 of the Constitution. After the promulgation of the Constitution, a new All India Service, namely, Indian Forest Service, was created in 1966. Of the three All India Services, namely, the Indian Administrative Service (IAS), the Indian Police Service (IPS) and the Indian Forest Service (IFS), the Ministry of Personnel, Public Grievances and Pensions is the cadre controlling authority for the IAS. The recruitment to all the three services is made by the UPSC through the Civil Services Examination conducted every year. These officers are recruited and trained by the Central Government and then allotted to different State cadres. There are now 21 State cadres including three Joint cadres, namely,
(i) Assam and Meghalaya,
(ii) Manipur and Tripura and
(iii) Arunachal Pradesh, Goa, Mizoram and the Union Territories (AGMU).
UNION PUBLIC SERVICE COMMISSION The Constitution provides for an independent body known as Union Public Service Commission (UPSC) for recruitment to Group ‘A’ and ‘B’ civil posts under Central Government and for advice in various service matters.
LANGUAGE OF THE UNION
Hindi, according to Article 343(1) of the Constitution, is the Official Language of the Union. But provision was also made in Article 343(2) for continuing the use of English in official work for a period of 15 years (i.e. upto 25 January 1965) from the date of commencement of the Constitution. Article 343(3) empowered Parliament to provide by law for continued use of English for official purposes even after 25 January 1965. Accordingly, the Official Languages Act, 1963 (amended in 1967) was passed for continuing the use of English in official work even after 25 January 1965. The Act also lays down that both Hindi and English shall compulsorily be used for certain specified purposes, such as resolutions, general orders, rules, notifications, press communiqués, administrative and other reports, licences, permits, contracts, agreements, etc.
FUNDAMENTAL RIGHTS:
The Constitution offers all citizens, individually and collectively, some basic freedoms. These are guaranteed in the Constitution in the form of six broad categories of Fundamental Rights which are justiceable. Article 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights.
Right to equality including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth and equality of opportunity in matters of employment;
Right to freedom of speech and expression; assembly; association or union; movement; residence; and right to practice any profession or occupation (some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality);
Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings;
Right to freedom of conscience and free profession, practice and propagation of religion;
Right of any section of citizens to conserve their culture, language or script and right of minorities to establish and administer educational institutions of their choice; and
Right to constitutional remedies for enforcement of Fundamental Rights.
CEASED FUNDAMENTAL RIGHT PROPERTY RIGHT
The Right to Property, which used to be one of the
Fundamental Rights under Article 31, ceases to be a Fundamental Right and has become only a legal right according to the Constitution 44th Amendment, 1978. It is, however, ensured that the removal of the Property Right from the list of Fundamental Rights would not affect the right of the minorities to establish and administer educational institutions of their choice. Besides, a provision has been made, as before, that no person will be deprived of his property except in accordance with law.
RIGHT TO EQUALITY
Equality before the law is one of the most important fundamental rights guaranteed by the Constitution. Article 14 states that the State shall not deny to any person equality before the law or the equal protection of laws within Indian territory. Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth. No citizen can, on any of these grounds, be subjected to any disability or restriction with regard to access to shops, public restaurants, hotels and places of public entertainment or the use of wells, tanks, bathing ghats, roads and places of public resort maintained out of State funds. Article 16 guarantees equality of opportunity in matters of public appointment.
FUNDAMENTAL DUTIES:
By the 42nd Amendment of the Constitution, adopted in 1976, Fundamental Duties of the citizens have also been enumerated. Article 51 ‘A’ contained in Part IV A of the Constitution deals with Fundamental Duties. These enjoinupon a citizen among other things, to abide by the Constitution, to cherish and follow noble ideals which inspired our national struggle for freedom, to defend the country and render national service when called upon to do so and to promote harmony and spirit of common brotherhood amongst all people of India transcending religious, linguistic and regional or sectional diversities.
FUNDAMENTAL DUTIES
The Ten Fundamental Duties of Citizens
Respect the Constitution, the national flag and the national anthem;
Cherish the noble ideals of the freedom struggle;
Uphold and project the sovereignty, unity and integrity of India;
Defend the country and render national service when called;
Promote the common brotherhood of all the people of India and
renounce any practice derogatory to the dignity of women;
Preserve the rich heritage of the national composite culture;
Protect the natural environment and have compassion for living creatures;
Develop scientific temper, humanism and spirit of inquiry and reform;
Safeguard public property and abjure violence;
Strive for excellence in all individual and collective activity.
Directive Principles Of State Policy:
The Constitution lays down certain Directive Principles of State Policy which though not justiceable, are ‘fundamental in governance of the country’ and it is the duty of the State to apply these principles in making laws. These lay down that the State shall strive to promote welfare of people by securing and protecting as effectively as it may a social order in which justice - social, economic and political, shall inform all institutions of national life. The State shall direct its policy in such a manner as to secure the right of all men and women to an adequate means of livelihood, equal pay for equal work and within limits of its economic capacity and development, to make effective provision for securing the right to work, education and to public assistance in the event of unemployment, old age, sickness and disablement or other cases of undeserved want. The State shall also endeavour to secure to workers a living wage, humane conditions of work, a decent standard of life and full involvement of workers in management of industries. In the economic sphere, the State is to direct its policy in such a manner as to secure distribution of ownership and control of material resources of community to subserve the common good and to ensure that operation of economic system does not result in concentration of wealth and means of production of common detriment.
(1) Equitable distribution of wealth or the socialist pattern of society and equal pay for equal work for both men and women.
(2) Provision of adequate means of livelihood to all its citizens, men and women.
(3) Provision of employment to all.
(4) Free and compulsory education for children.
(5) Living wage for workers.
(6) Protection of childhood and youth against exploitation and against moral and material abandonment.
(7) Organization of village panchayats as units of self-government (Article 40).
(8) Prohibition of the consumption except for medical purposes of intoxicating drinks and of drugs injurious to health.
(9) Organization of agriculture and animal husbandry on modern and scientific lines.
(10) Promotion of international peace and security and maintenance of just and honourable relations between the nations of the world.
THE DIRECTIVE PRINCIPLES OF STATE
Policy in the Constitution of India have been inspired by the Constitution of Ireland. It contains ideals of a Welfare State. The Directive Principles are contained in Part-IV of the Constitution.
RIGHT TO WORK IN THE INDIAN CONSTITUTION
Article 41 in Part IV (Directive Principles of State Policy) in the Constitution of India reads, “The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement and in other cases of undeserved want.” The custodian of Fundamental Rights is the Supreme Court of India.
GOVERNOR
State executive consists of Governor and Council of Ministers with Chief Minister as its head. Governor of a state is appointed by the President for a term of five years and holds office during his pleasure. Only Indian citizens above 35 years of age are eligible for appointment to this office. Executive power of the State is vested in Governor. Council of Ministers with Chief Minister as head, aids and advises Governor in exercise of his functions except in so far as he is by or under the Constitution required to exercise his functions or any of them in his discretion. Governor shall, after consulting Council of Ministers, exercise his individual judgement as to the action to be taken. These are, however, temporary provisions if President, on receipt of a report from governor or otherwise is satisfied that it is no longer necessary for Governor to have special responsibility with respect to law and order, he may so direct by an order. All Governors while discharging such constitutional functions as appointment of Chief Minister of a state or sending a report to President about failure of constitutional machinery in a state or in respect of matters relating to assent to a Bill passed by legislature, exercise their own judgement.
Nagaland, Governor has special responsibility under Article 371A of the Constitution with respect to law and order Arunachal Pradesh, Governor has special responsibility under Article 371H of the Constitution with respect to law and order and in discharge of his functions in relation thereto.
COUNCIL OF MINISTERS The Chief Minister is appointed by the Governor who also appoints other ministers on the advice of the Chief Minister. The Council of ministers is collectively responsible to legislative assembly of the State. LEGISLATURE For every state, there is a legislature which consists of Governor and one House or, two Houses as the case may be. In Bihar, Jammu and Kashmir, Karnataka, Maharashtra and Uttar Pradesh, there are two Houses known as legislative council and legislative assembly. In remaining states, there is only one House known as legislative assembly. Parliament may, by law, provide for abolition of an existing legislative council or for creation of one where it does not exist, if proposal is supported by a resolution of the legislative assembly concerned.
Legislature of the Union which is called Parliament , consists of President and two Houses, known as Council of States (Rajya Sabha) and House of the People (Lok Sabha). Each House of Parliament has to meet within six months of its previous sitting. A joint sitting of two Houses can be held in certain cases.
LEGISLATIVE COUNCIL
Legislative Council (Vidhan Parishad) of a state comprises not more than onethird of total number of members in legislative assembly of the state and in no case less than 40 members (Legislative Council of Jammu and Kashmir has 36 members vide Section 50 of the Constitution of Jammu and Kashmir). About one-third of members of the council are elected by members of legislative assembly from amongst persons who are not its members, one-third by electorates consisting of members of municipalities, district boards and other local authorities in the state, one-twelfth by electorate consisting of persons who have been, for at least three years, engaged in teaching in educational institutions within the state not lower in standard than secondary school and a further one-twelfth by registered graduates of more than three years standing.
Remaining members are nominated by Governor from among those who have distinguished themselves in literature, science, art, cooperative movement and social service. Legislative councils are not subject to dissolution but one-third of their members retire every second year.
LEGISLATIVE ASSEMBLY
Legislative Assembly (Vidhan Sabha) of a state consists of not more than 500 and not less than 60 members (Legislative Assembly of Sikkim has 32 members vide Article 371F of the Constitution) chosen by direct election from territorial constituencies in the state. Term of an assembly is five years unless it is dissolved earlier.
LOCAL GOVERNMENT:
MUNICIPALITIES
Municipal bodies have a long history in India. The first such Municipal Corporation was set up in the former Presidency Town of Madras in 1688 and was followed by similar corporations in Bombay and Calcutta in 1726. The Constitution of India has made detailed provisions for ensuring protection of democracy in Parliament and in the state legislatures.
In order to provide for a common framework for urban local bodies and help to strengthen the functioning of the bodies as effective democratic units of selfgovernment, Parliament enacted the Constitution (74th Amendment) Act, 1992 relating to muncipalities in 1992. The Act received the assent of the President on 20 April 1993. The Government of India notified the 1 June 1993 as the date from which the said Act came into force. A new part IX-A relating to the Municipalities has been incorporated in the Constitution to provide for among other things, constitution of three types of Municipalities i.e. Nagar Panchayats for areas in transition from a rural area to urban area, Municipal Councils for smaller urban areas and Municipal Corporation for larger urban areas, fixed duration of municipalities, appointment of state election commission, appointment of state finance commission and constitution of metropolitan and district planning committees.
PANCHAYATS
Article 40 of the Constitution which enshrines one of the Directive Principles of State Policy lays down that the State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
A Part IX relating to the Panchayats has been inserted in the Constitution to provide for among other things, Gram Sabha in a village or group of villages; constitution of Panchayats at village and other level or levels; direct elections to all seats in Panchayats at the village and intermediate level, if any and to the offices of Chairpersons of Panchayats at such levels; reservation of seats for the Scheduled Castes and Scheduled Tribes in proportion to their population for membership of Panchayats and office of Chairpersons in Panchayats at each level; reservation of not less than half of the seats for women; fixing tenure of five years for Panchayats and holding elections within a period of six months in the event of supersession of any Panchayat.
