Download Indian Constitution - Secretariat Assistant

Indian
Constitution
T
he Constitution of India lays
down the framework on
which Indian polity is run. The
Constitution declares India to be
a sovereign socialist democratic
republic, assuring its citizens of
justice, equality, and liberty. It
was passed by the Constituent
Assembly of India on November
26, 1949, and came into effect on
January 26, 1950. India celebrates
January 26 each year as Republic
Day. It is the longest written
constitution of any independent
nation in the world, containing
395 articles and 12 schedules, as
well as numerous amendments,
for a total of 117,369 words in the
English language version.
Besides the English version, there
is an official Hindi translation.
The Constitution lays down
the basic structure of government
under which the people chose
themselves to be governed. It
establishes the main organs of
government - the executive , the
legislature and the judiciary. The
Constitution not only defines the
powers of each organ, but also
293
demarcates their responsibilities.
It regulates the relationship
between the different organs and
between the government and the
people.
The Constitution is superior to
all other laws of the country. Every
law enacted by the government has
to be in conformity with the
Constitution. The Constitution lays
down the national goals of India Democracy, Socialism and National
Integration. It also spells out the
Fundamental Rights, Directive
Principles and Duties of citizens.
Fill in the Blanks
1. ......... is the highest legal
adviser to the Government of
India.
2. ......... decides the question of
disqualification of a member
of the Lok Sabha.
3. The time gap between two
sessions of the Parliament
should not exceed .........
4. The residuary powers under
the Indian Constitution rest
with the .........
5. The Prime Minister is
responsible to the .........
6. National Integration Council
is chaired by .........
7. The credential of all
Ambassadors or High
Commissioners of foreign
countries are received by .........
8. No money bill can be
introduced in the Legislative
Assembly without the
recommendation of the .........
9. Any dispute between the two
houses of the Parliament can
be resolved by joint sitting of
both the houses summoned by
the .........
10. The provisions as to
disqualification on grounds
of defection by a member of
Parliament are contained in
.........
11. The minimum number of
members that must be present
to hold the meeting of the Lok
Sabha is .........
12. The number of members of a
state Legislative Assembly
cannot be more than .........
13. The proclamation of national
emergency ceases to operate
unless it is approved by the
parliament within .........
14. The first no confidence
motion was moved in the Lok
Sabha after independence
was in the year .........
15. A bill for alteration of
boundaries of states shall not
be introduced
in the
Parliament without the
recommendation of .........
16. The Supreme Court passed
the special judgement that the
basic tenets of our
constitution cannot be
changed by the Parliament by
any amendment, in the .........
case.
17. A member of Parliament will
lose his seat if he remains
absent from all meetings
without permission for a
period of ......... days.
18. Judges of the Supreme Courts
cannot practice, after
retirement, in .........
19. If the Finance Minister fails to
get the annual budget passed
in the Lok Sabha, the Prime
Minister should be expected
to .........
20. The name of an Indian State
can be changed by .........
21. The Finance Commission is a
......... body.
22. The article which lays down
the amendment of the
constitution is ...................
23. The introduction of ‘no
confidence’ motion in the Lok
Sabha requires the support of
at least ......... members.
24. ‘Betting and Gambling’ is
included in ......... list.
25. ‘Prisons’ are included in .........
list.
26. According to the Indian
Constitution, the ministers
shall hold office during the
pleasure of the .........
294
27. The function of a Public
Service Commission in India
is .........
28. In ......... of the constitution,
reference to Hindus shall
include a reference to Sikhs.
29. Raja Chellayya Committee
dealt with .........
30. The Constituent Assembly of
India took all decision by .........
Answers sto Fill in the blanks
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
Attorney General of India
Speaker
six months
Parliament
Lok Sabha
The Prime Minister
The President
Governor
President
10th schedule
1/10 of the total membership
of the house
500
one month
1963
The President
Minerva Mills Ltd. & others,
60
any courts in the country
submit the resignation of his/
her cabinet
the Parliament of India
Quasi-Judicial
368
50
State
State
Prime Minister of India
Advisory
Article 25
tax reforms
consensus.
One Word Questions
1. Name the words which were
added to the Preamble by the
42nd Constitutional Amendment.
2. On whose recommendation
was the Constituent Assembly formed?
3. To whom does the Public
Accounts Committee submit
its report?
4. Who is the executive head of
a state in the Indian Union?
5. If a state is under President’s
rule, then the state Budget is
passed by whom?
6. By how many years has the
62nd Amendment of the
Constitution in
1990
extended the reservation for
persons belonging to SC and
ST in Public Services?
7. What is the power of the Rajya
Sabha in regard to money
bills?
8. How many states in India
have bicameral legislature?
9. Name the Union Territories
which have a legislature and
a Chief Minister?
10. Which state in India has the
largest membership in its
Legislative Assembly?
11. Who finances the Village
Panchayat?
12. ‘Freedom of the Press’ is
guaranteed under which
Article?
13. Who is legally competent to
declare war or conclude
peace?
14. How many times has a
national emergency been
declared so far by the
President?
15. Which parliamentary committee in India is normally
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
chaired by a prominent
member of the opposition?
What is contained in the Tenth
Schedule of the Constitution?
How many times can the
President of India seek reelection to his post?
How many committees were
set up by the Constituent
Assembly for framing the
Constitution of India?
Name the article which
empowers the President to
appoint the Prime Minister of
India.
What is meant by ‘Capital
Punishment’?
In which year was voting age
reduced from 21 to 18 in
India?
A party in India in order to be
recognised as official
opposition in the parliament
should have at least how
many seats?
Which is the oldest financial
committee in the Parliament?
‘Extradition’ is included in
which list?
Through which resolution,
the Lok Sabha brings a
change in the Government?
What is the maximum
number of starred questions
that can be asked in Lok Sabha
on a particular day?
How long does a national
emergency duly proclaimed
and approved by the
Parliament remain in force?
States earn more revenue
directly through which tax?
In the case of subjects not
mentioned in any of the three
lists, the power to make laws
rests with whom?
In which year the state
reorganisation Bill was
passed by the parliament?
295
Answers
1. Socialist, Secular, integrity
2. Cabinet Mission
3. The Speaker of the Lok Sabha,
4. The Governor
5. The Parliament
6 . 10 years
7. It can only withhold the bill
for 14 days to make recommendations
8. 6
9. Puducherry and Delhi
10. Uttar Pradesh
11. State Government
12. Article 19 (1)
13. The President
14. Thrice
15. Public Accounts Committee,
16. Provisions regarding disqualification on grounds of
defection
17. Any number of times
18. 13
19. Article 74
20. Death sentence
21. 1989
22. 1/10 th of the elected members
of the parliament
23. Public Accounts Committee
24. Union List
25. No Confidence Motion
26. 20
27. Until repealed
28. Sales tax
29. The Union Government
30. 1956.
Short Notes
1. What are the distinct features
of a Constitution?
2. The President & his Functions
3. How can the constitution be
amended?
4. Anti-Defection Law
5. What are the major
commitments
of
the
Constitution of India as
incorporated in its Preamble?
6. “Indian Constitution is
drawn from different
sources.” Establish the point.
7. Identify the nature and
methods of Parliamentary
control over the Executive in
Indian Polity.
8. Explain the concept of
Minorities in the Indian
Constitution and mention the
safeguards provided there in
for their protection.
9. Discuss the power privileges
and immunities of the Indian
Parliament.
10. Explain the relevance of Rajya
Sabha in the federal set up of
the Indian Parliamentary
System.
11. Highlight the significance of
the 73rd Amendment to the
Constitution of India.
12. Indian Judiciary
13. Supreme Court
14. Jurisdiction of the Supreme
court
15. 42nd Amendment
16. Relation between the Union
and the States
17. Fundamental Duties
18. Powers of the Governor
19. Sarkaria Commission
20. Public Service Commission
21. Election Commission
22. Finance Commission
23. Contingency Fund
24. Eighth Schedule of the
Constitution
25. Family Courts
26. CAT
27. Lok Adalats (LAs)
28. High Court
29. Discuss
about
the
constitutional provision of the
‘no-confidence motion’.
30. 93rd amendment Bill
Answers
1. An analysis of the various
definitions of a constitution
shows that the constitution
has the following distinct
features:
Firstly, it refers to a collection
of those basic laws which are
more sacrosanct than the
ordinary laws.
Secondly, the constitution is
not entirely written. Though
a major part of the
constitution is generally
available in the form of a
written document, certain
laws are also based on
customs, usages and
conventions and form part of
the constitution.
Thirdly, the constitution may
be created by a special body
set up for the purpose or
evolved in course of time.
Fourthly, the constitution
determines the structure of the
main organs of government,
the distribution of sovereign
power between various
authorities and the relations
between the citizens and
various organs of the
government.
Fifthly, it contains procedures
for its own change which is
generally quite different from
the procedure for the
enactment of ordinary laws.
Sixthly, the constitution
generally
contains
a
statement of its objectives.
Finally, the constitution not
only lays down the rights of
the citizens, but also specifies
the limitations on the
authority of the government.
296
2. The President of India is the
head of the Union Executive.
The President is elected by
indirect election by an
electoral
college,
in
accordance with the system of
proportional representation
of single transferable vote.
The electoral college shall
consist of elected members of
both houses of Parliament, the
elected members of the
Legislative Assemblies of the
States and the elected
members of the Legislative
Assemblies of the Union
Territories of Delhi and
Pondicherry.
Qualification for a presidential candidate are :
 Must be a citizen of India.
 Must have completed 35
years of age.
 Must be qualified to be a
member of the Lok Sabha.
 Must not hold any office
of profit.
 The following appointments are made by the
President,
 The Prime Minister and
on his advice other
ministers.
 Attorney General of India.
 Comptroller and AuditorGeneral of India.
 Judges of the Supreme
Court and High Courts
including the Chief
Justice.
 Governors of States.
 Lieutenant Governors
and Commissioners of
Union Territories.
 Members of Finance
Commission.
 Members of the Union
Public Service Commission.
 Chief Election Commissioner and other members
of the Election Commission.
 Special officers for the
scheduled castes and
other tribal areas.
 The President of India
who is the Supreme
Commander of the armed
forces has the following
powers:
 Right to declare war and
peace.
 Legislative powers which
include nomination of 12
members to the Rajya
Sabha and 2 AngloIndian members to the Lok
Sabha.
 Right to address the
Parliament.
The tenure of the
President is five years.
The President takes the
oath of office before the
Chief Justice of India but
his letter of resignation
should be addressed to
the Vice-President of
India. The President shall
be removed only through
impeachment, applicable
only for the violation of
the Constitution. In case
of a dispute related to the
Presidential election,
only the Supreme Court of
India has jurisdiction
over it. With regard to
vacancy a new President
should be elected within
six months.
3. Three methods of amendment
of different provision of
constitution are prescribed in
the Article 368 of the
constitution. First method of
amendment is by a simple
majority. Certain other
provisions to be amended
requires a majority of not less
than two third of the members
present and voting in each
house. In some other cases
besides two third members of
both the house present and
voting, it must be ratified by
the legislatives of the one-half
of the states.
4. Anti Defection Law was
passed in 1985 as the 52nd
Constitutional Amendment
with the aim to political
defections in India. A member
of Parliament or state
legislature belonging to a
political party shall be
disqualified if he voluntarily
gives up the membership of
his party or vote against the
party directive or abstain from
voting.
Anti-defection law is added
as the 10th schedule of Indian
Constitution. The speaker
considers the question of
disqualification under antidefection law. The decision of
the speaker in anti-defection
law is now open to judicial
review.
5. The Preamble of the
Constitution of India
embodies the ideals,
aspirations and objectives of
the social and political order
to which the people of India
are committed. The Preamble
rests the sovereignty in the
people of India which is a
socialist, secular and
democratic republic. Thus, the
head of the nation will be
elected, all religions will be
respected and the State of
India would be a welfare state
committed to the ideals of
socio-economic justice to be
obtained in a democratic way
by the rule of law. Commit297
ment is made to political,
social and economic justice.
And to ensure social,
economic and political
justice, the Preamble
emphasises the need for
securing liberty, equality and
fraternity for the Indian
people. The liberty, would be
of thought, expression, beliefs
and faith, signifying political
freedom and secularism.
Equality is sought to be
ensured on political, social
and economic level thus
besides adult franchise there
would be equality of status
and opportunity. Individual’s self expression would
be allowed freedom but
within the limits of the overall
objective of national unity
and progress.
6. The constitution of India may
be said to be a ‘borrowed’
Constitution as its framers
have gathered the best
features liberally from
various sources. The single
most important source is the
Government of India Act of
1935: the federal scheme,
office of the Governor, power
of
federal
judiciary,
emergency powers were
drawn from this Act. The
British practice influenced
the law- making procedure,
rule of law, single citizenship,
besides, of course, basically
giving the mode of
Parliamentary Government.
The U.S. Constitution
inspired in independence of
judiciary, judicial, fundamental rights, removal of
Supreme and High Court
judges.
The Irish Constitution was
the source for the Directive
Principles, method of
presided elections, nomination of members of Rajya
Sabha by the President. From
the Canadian Constitution
was taken the idea of a
federation with a strong
Centre, and placing residuary
powers with the Centre. The
Weimer Constitution of
Germany was the source of
provisions concerning the
suspension of fundamental
rights during emergency,
while the idea of a Concurrent
List was taken from the
Australian Constitution.
7. Indian Parliament is vested
with the power to control over
the Executive. The Executive
is collectively responsible to
the Lok Sabha. Thus it is
assumed that the working of
the Union Government is
effectively controlled by the
Parliament. However, in
practice this control is
exercised only in the form of
question on adminstration
raised during the question
hour in the houses of
Parliament. Parliament also
has control over the revenue
and expenditure of the
Government. The Executive,
cannot impose any tax
without legislative sanction.
If any tax is imposed without
legislative authority, the
aggrieved person can obtain
his relief from the courts of
India. As for expenditure, the
pivot of parliamentary control
is the Consolidated Fund of
India. No money can be
issued out of the Consolidated
Fund of India unless the
expenditure is authorised by
an Appropriation Act. In fact,
Executive cannot spend the
public revenue without
parliamentary sanction. The
Policy Resolution of the
Parliament are meant as
supreme guidelines for the
functioning of the executive
Government. Parliament also
specifies the manner in which
certain specific powers
constitutionally granted to
different authorities is to be
exercised.
8. According
to
the
Constitution of India, the
concept of Minorities
incorporates the groups of
people differing from the
other in religion, culture and
language numerically the
majority. Thus there are
religious, linguistic and
cultural minorities. Religious,
cultural and educational
safeguards are incorporated
in the Constitution to protect
all minority groups (religious,
cultural and linguistic.)
The safeguards are:
i. Right to maintain
religious and charitable
institutions and manage
religious affairs without
state interference.
ii. Religious and linguistic
minorities may establish
and administer their own
institutions and avail of
state grants without
discrimination.
iii. A minority language may
be recognised as one of
the official language in a
State.
iv. Special officer for
linguistic minorities to
report on their status.
Besides these, the state
does not discriminate on
the basis of religion,
culture etc, in manners of
public appointment and
employment.
298
9. The Parliament can claim a
privilege
if
(i)
the
Constitution grants it
specifically or (ii) it has been
created by a law of the
Parliament (iii) it was enjoyed
by the lower house on
January 26, 1950. More
specifically the Parliament
enjoys freedom of speech,
immunity from court
proceeding, freedom from
arrest in civil cases within 40
days before and after the
session of the Parliament and
immunity from liability in
respect of Parliamentary
papers. The Parliament can
punish a person for contempt,
can legislate and control the
executive. The basic financial
function of the parliament
relates to the imposition of
taxes and expenditure from
consolidated funds of India.
The Parliament can amend
the Constitution but cannot
alter its basic structure. The
Parliament has internal
autonomy to regulate its
proceedings
and
act
independently in internal
matters.
10. The Rajya Sabha is an
indirectly elected body of 250
members under Article 80 of
the Constitution, can offer
expert opinion on many
issues as it consists of more
experienced men. It has many
legislative and watch dog
functions to perform. It
provides for additional
debating forum and can
reduce the legislative time
problems faced by the Lok
Sabha. It has exclusive power
to transfer state legislative
powers to the Centre. It can
impose emergency in case the
Lok Sabha stands dissolved.
It can revise bills, control
passing of hasty legislation
and interpose reasonable
delay
on
arbitrary
functioning of the Lok Sabha.
11. In the year 1994, our
parliament enacted a very
important constitutional
amendment. This amendment
was concerned with the
Panchayati Raj Institutions
(PRIs). As India opted for the
planned development of the
country, a proper role for the
Panchayati Raj Institutions
was
prepared.
This
amendment is concerned
with the last tier of the threetier PRI system. In the longdrawn debate of the
democratic decentralisation, a
major part had been
concerned with the financial
resources of the Gram
Panchayat. The other
important factor was the
suitable role of the Gram
Panchayat in planning
process of the area. The
present
constitutional
amendment went for major
power delegation to the Gram
Panchayat. The Gram Sabha
was given full autonomy in
the matters of planning as
well as some extent of
financial self-reliance. Onethird of the elected seats in the
Gram Panchayat were
reserved for the women. The
most
important
fact
concerning the Gram
Panchayat
had
been
concerning the financial
powers. The eleventh Finance
Commission has been asked
by the President to devise the
methods through which the
Gram Panchayats could raise
their fund as well as the
devolution of revenue
resources to them. The other
important part of the
Amendment is concerned
with the constitutionality of
the Plan, the Gram
Panchayat passes for their
local development. As per
political scientists, the 73rd
Constitutional Amendment is
a milestone in the administrative development of the
country.
12. One of the greatest legacies of
British rule is the Judiciary
and the legal set-up in India.
An independent judiciary is
the very heart of a republic.
The foundation of a
democracy, the source of its
perennial vitality, the
condition for its growth, and
the hope for its welfare, all lie
in that great institution - an
independent judiciary. There
is a single, integrated judicial
system for the Union as well
as the States for the
administration of both Union
and State laws. The judiciary
is perhaps the most vital limb
of the Government. The
sanctity of any constitution
rests, to a large extent, on this
organ. The Constitution of
India provides for an
independent judiciary for the
country, with the Supreme
Court at the apex and High
Courts at the State level. The
Supreme Court of India is the
highest judicial body of the
land.
13. Union Parliament has been
vested with the power to make
laws
regulating
the
constitution, jurisdiction,
organisation and powers of
the Supreme Court. It now
consists of a Chief Justice and
25 other judges. The strength
299
of the judges of the Supreme
Court was initially fixed at
eight (including the Chief
Justice). Every judge of the
Supreme Court is appointed
by the President. The judges
hold office until they attain
the age of 65 years. No
minimum age has been
prescribed for the appointment as a judge of the Supreme
Court of India nor any fixed
period of office. In order to be
qualified for appointment as
a judge of the Supreme Court,
a person must be
(a) a citizen of India and
(b) either a distinguished
jurist, in the opinion of the
President, or
(c) should have been a High
Court Judge for at least
five years.
An advocate on a State High
Court of ten years standing
also qualifies for the post. The
independence of the Judges of
the Supreme Court has been
secured by the Constitution in
a number of ways. Our
Supreme Court possesses
larger powers than its
American counterpart, in
many respects. The law
declared by the Supreme
Court shall, be binding on all
courts within the territory of
India.
14. The Supreme Court of India
enjoys three types of
jurisdiction:
(a) original, (b) appellate and
(c) advisory
Besides, the Supreme Court
has been constituted as a
court of record and has the
power to punish for
contempt. This is an
extraordinary power which
must be used sparingly, but
where the public interest
demands it, the Court will not
shrink from exercising it and
imposing punishment even
by way of imprisonment in
cases where a mere fine may
not suffice. The Supreme
Court has been conferred
powers to direct the transfer
of any civil/criminal case
from one State High Court to
another. As the final appellate
court, the Supreme Court can
revise the decisions of the
High Courts. Likewise,
substantial questions of law
of general importance
pending before State High
courts may be taken over by
the Supreme Court and
disposed of. The Supreme
Court enjoys numerous other
powers including the power
of judicial review. The apex
court through its power of
judicial review, has ensured
that the basic structure of the
constitution is in any way
vitated.
15. The jurisdiction of the
Supreme Court was sought to
be severely curtailed by the
42nd Amendment of the
Constitution effected in 1976.
It is called as ‘the Mini
Constitution’. The amending
Act is a piece of comprehensive legislation containing
59 clauses and touching
upon varied constitutional
issues.
The drastic impact of the
42nd Amendment Act briefly
was:
(a) It narrowed down and
fettered the scope for
judicial review of
ordinary laws.
(b) It devalued the Fundamental Rights vis-a-vis
the Directive Principles.
(c) It effectively obviated the
possibility of judicial
review of any Act for
amendment of the
constitution.
(d) It virtually unsettled the
original balance between
the various organs of the
State.
This amendment had in fact
effected a mini revolution,
whereby Parliament sought
to overthrow the supremacy
of the Constitution and made
itself supreme in its stead.
Some of the far-reaching
changes introduced by Mrs.
Gandhi through this
amendment were reversed by
the Janata Government, by
repealing them (through the
43rd Amendment Act of
1977). Some provisions of the
42nd Amendment, however,
still stick (despite the Janata
Governments bid to scrap
them too), as a result of
opposition of the Congress
Party in the Rajya Sabha.
16. Despite the unitary characteristics and centralising
tendencies, the Indian
Constitution is yet a federal
constitution of its own kind.
India is a diverse society with
fundamental underlining
unity. The unity of India is
firmly based on geography
and deeply rooted in history.
Criticism has become
inevitable, in recent years,
that the Union Government
by virtue of its dominant
position in the economic
sphere, has left the States high
and dry, and they have to
constantly look to the Centre
for financial assistance from
300
time to time. The autonomy of
the States having been thus
eroded, some of them
(especially those ruled by
opposition parties) have been
fighting hard to alter the
picture. They have been
pressing
for
greater
autonomy, while demanding
for a radical revision of the
lopsided financial relations
that subsist between the Centre
and the States. The welfare
activities of the States
involving huge expenditure,
coupled with recurring
natural calamities, do call for
an urgent revision of the
financial provisions of the
Constitution, in the light of the
experience of 50 long years of
our sovereign existence as a
modern state.
17. Fundamental Duties is
incorporated as part IV A of
the constitution by the 42nd
Amendment Act, 1976, based
on the former USSR model.
Fundamental Duties include
ten duties of the citizens
towards the State, by which it
shall be the duty of every
citizen of India.
The ten duties are:
1. to abide by the
Constitution and respect
the National Flag and the
National Anthem;
2. to cherish and follow the
noble ideas which
inspired our national
struggle for freedom;
3. to protect the sovereignty,
unity and integrity of
India;
4. to defend the country;
5. to promote the spirit of
common brotherhood
amongst all the people of
India;
6. to preserve the rich
heritage of our composite
culture;
7. to protect and improve the
natural environment;
8. to develop scientific
temper and spirit of
inquiry;
9. to safeguard public
property ;
10. to strive towards
excellence in all spheres
of individual and
collective activity.
18. The powers of the Governor
are:
 He/She appoints the
Chief Minister and the
council of Ministers, the
Advocate-General and
the members of the State
Public Service Commission.
 The Governor nominates
one member of the AngloIndian community to the
Legislative Assembly of
his State.
 The Governor can
promulgate ordinances
during the period, when
the State Legislature is
not meeting.
 The Governor has the
power to grant pardon,
reprieves, respites or
remission of punishments. But he has no
power to pardon death
sentence.
19. The Sarkaria Commission, set
up in June 1983 to study the
Centre-State relations, has
submitted its 1,500 page
report. The report, which has
now been published,
comprehensively and categorically recommends a strong
Centre for the proper
functioning of the State. It also
laid down wholesome
guidelines for the application
of Article 356 which was not
to be exercised for the purpose
of securing good government.
20. For the recruitment to the civil
services and other posts
under the Government, the
Constitution provides for an
independent body known as
the
Public
Service
Commission. The chairman
and members of .the
Commission are appointed by
the President. Article 315
provides that there shall be a
Public Service Commission
for the Union as well as
separate Public Service
Commissions for each State.
Two or more states may agree
among themselves to have a
common Public Service
Commission. Further, the
Union Public Service
Commission, if requested by
the Governor of a State may,
with the approval of the
President, agree to serve the
needs of two or more states.
To ensure the integrity and
independence of
the
commission the Constitution
debars its chairman and
members from further
employment after retirement,
either under the Government
of India or any State
Government.
21. Indian Constitution provide
for an independent body
called Election Commission
in Article 324 for the conduct
of fair and unpartial elections.
At present, the Election
Commission consists of a
Chief Election Commissioner
and two Deputy Commissioners. Generally they hold
office for a term of six years or
301
till the age of retirement. The
main functions of the Election
Commission are:
(1) Prepare electoral rolls for
the election to parliament
and state legislatures.
(2) Supervise, direct and
controls elections of
President, Vice-President,
Parliament and State
Legislatures.
(3) Lays down general rules
for election and issues
notification of dates and
schedules of election.
(4) Accord recognition to
political parties and allot
symbols etc.
22. The President constitutes a
Finance Commission every
five years. Article 280 of the
Constitution provides for the
appointment of the Finance
Commission. It consists of a
chairman and four other
members to be appointed by
the President. The Finance
Commission makes recommendation to the President
regarding the distribution of
money between the Union
and States and the net
proceeds of taxes. The 11th
Finance Commission was set
up in 1997 under the chairmanship of A.M. Khusro. It
submitted its report. The 12th
Finance Commission was
appointed by the Government in 2002 under the
chairmanship of C. Rangarajan. The 13th Commission
was setup in 2007 under the
chairman ship of Vijay Kelker.
23. Parliament has established a
contingency fund of India,
into which sums are
deposited from time to time. It
is placed at the disposal of the
President to enable advances
to be made by him to meet the
unforeseen expenditure.
Similar funds at the disposal
of the State Governors are
created in the State.
24. List of 22 regional languages
are recognised by the
Constitution in this schedule.
With the passing of the 100th
constitutional Amendment
Bill four new languages
(Maithili, Dogri, Bodo and
Santhali) were included in
the group of officially
recognised languages. The
other 18 languages are
Assamese,
Bengali,
Gujarathi, Hindi, Kannada,
Kashmiri,
Malayalam,
Marathi, Oriya, Punjabi,
Sanskrit, Sindhi, Tamil,
Telugu, Urdu, Konkani,
Manipuri & Nepali. Konkani,
Manipuri and Nepali were
added to the 8th schedule by
the 71st amendment. English
is not included in the list.
25. Family Courts were set up in
the country under the Family
Court Act passed in 1984.
They aim to promote
conciliation and secure
speedy settlement of disputes
relating to marriage and
family affairs. These courts
are set up in cities with a
population of more than 10
lakh. Subtle family disputes
are settled in an atmosphere
of
friendliness
and
consideration. The aim of the
court is to strengthen family
ties and bind people not to
break them apart wherever
possible. International Day of
the Family is observed on
May 15. 1994 was observed
as the international Year of
the Family by U.N.
26. CAT is the Central Administrative Tribunal. CAT was
set up in November 1985 to
provide
speedy
and
inexpensive justice to Central
Government employees in
respect to their service
matters. The tribunals are
empowered to resolve
disputes and complaints
relating to recruitment and
conditions of service of
persons appointed to public
services and posts in
connection with affairs of the
union Government. It has the
jurisdiction, powers and
authority of a court in
specified matters.
27. Lok
Adalats
are
supplementary forums for
conciliatory settlement of
disputes. All categories of
cases except criminal cases
can be settled through LAs.
They have acquired a
statutory base and the
awards passed by the LAs are
deemed to be the decrees of
the civil court and are
binding on all parties to the
dispute. There does not lie
any appeal to any court
against an award passed by
LAs. Permanent and
continuous LAs are being set
up in all districts for
encouraging the parties to
resolve their disputes and
differences amicably.
 Legal services Day is
observed on November 9.
28. The High Court is the zenith
of judiciary in the State.
Jurisdiction of a High Court
can be extended to more than
one State. The Chief Justice is
appointed by the President in
consultation with the Chief
Justice of the concerned High
302
Court. The salaries are from
the charged expenditure of
the consolidated fund of the
state. They retire at the age of
62.
29. According to the constitution,
the Council of Ministers stays
in office only as long as it
enjoys the confidence of the
Lok Sabha; once the
confidence is withdrawn the
Government is bound to
resign. The rules of
parliamentary procedure
accordingly provide for
moving a motion to ascertain
this confidence. The motion is
generally known as “noconfidence motion.” A motion
of this kind must express
want of confidence in the
council of ministers, and an
individual minister, as the
Constitution only provides for
collective responsibility. A
notice of such a motion must
be given before the
commencement of the sitting
on the day it is desired to be
raised. If the Speaker is
convinced that the motion is
in order, the motion is read in
the House. Members in favour
of leave being granted to
debate the motion are to
indicate their support. The
Speaker grants leave if not
less-than fifty members
support the motion. Once
admitted, the motion has to be
taken up within ten days of
the leave being granted. The
time for discussion is usually
decided after consulting the
Business Advisory Committee.
30. The 93rd Amendment Bill of
the Constitution to make
elementary education a
fundamental right secured
the approval of the Lok Sabha
on November 27, 2002. Once
the bill becomes Act, all the
children in the 6 to 14 age
group will have the
Fundamental Right to free
and compulsory education.
As per the bill “the state shall
endeavour to provide early
childhood care and education for all children until
they complete the age of six
years.” The new law
empowers a child to take a
state to court of he/she be
devoid of his/her fundamental Right.
Terminology
 Adjournment: When a sitting
assembly is discontinued to
be resumed later, it is said that
the assembly is adjourned
and if the assembly is
discontinued without prescribing
the
date
for
reassemblage, it is said that
the assembly has been
adjourned sine die. A sitting
can be adjourned by the
speaker on a resolution being
passed by the assembly.
 Adult Franchise: Franchise
refers to the right or privilege
of voting. Adult franchise is a
voting right of an adult
without the distinction of
gender, caste, colour or
religion. This is also called
universal suffrage. New
Zealand is the first country to
introduce women franchise.
 Bicameral States: Those
states which have two
‘Houses of Legislature’ is
called bicameral states.
Unicameral states have only
one ‘House of Legislature.’
 Climbing on the Bandwagon:
Endorsing support to a
person who is likely to be
elected.
 Crossing the Floor: When a
legislator changes his party
label, he is said to have
crossed the floor.
 Cross Voting: The voting by
members breaking the
barriers of the party is cross
voting.
 Dissolution: Disbanding of
the Assembly to hold fresh
elections.
 Extradition: The removal of a
person by the state where he
happens to be, to the state or
the territory on which he is
alleged to have committed a
crime.
 Gallup Poll: Conduct of test
poll to ascertain public
opinion on topical subjects. It
has been named after Dr.
Gallup of U.S.A., who
introduced this poll.
 Gram Sabha: It is a general
body of all the voters residing
within the jurisdiction of the
village panchayat.
 Gram Panchayat: It is the first
tier of the Panchayati Raj and
is elected by Gram Sabhas.
 Gerrymandering: A reorganisation of electoral districts
to gain some advantage in a
forthcoming election. It
should be distinguished from
the reorganisation of electoral
districts which is sometimes
essential to ensure that every
parliamentary representative
speaks for approximately the
same number of votes, which
is known as redistribution.
303
 Judicial Review: Judicial
Review refers to the power of
the judiciary to pronounce
judgement with regard to the
validity of legislation passed
by the legislature and the
action taken by the
administrative authorities.
Article 32 confers the power
of judicial review on the
Supreme Court.
 Junta: It is a collective body,
consisting usually of military
men, which imposes military
rule in a country.
 Lobbying: The practice of
trying to canvass support for
a particular measure or
viewpoint through personal
contacts with the members of
legislature. This is usually
done in the lobbies to which
public has access. Hence the
term lobbying.
 Legal Sovereignity: The
Sovereignity of a state which
is legally vested in a particular
agency e.g., the Monarch of
England, the President of
India etc. Such persons may
be called titular or nominal
sovereigns.
 Manifesto: It is a document
which is issued, generally
before a major election, by a
political party, outlining its
policies and programmes.
 Martial Law: A state of affairs
declared by a civilian
government in which the
military forces are authorised
to govern and control certain
areas without the usual
constraints of democratic
decision making or without
accepting civil rights. Martial
law is a temporary state of
affairs and is legitimate in the
sense that is directly decided
upon and granted by the
civilian government.
 Nyaya Panchayat: It is the
judicial panchayat and is
considered an adjunct of the
Panchayati Raj system. It is
meant to provide speedy and
cheap justice to the villagers.
 People Sniffer: Indictment of
Government through unofficial media.
 Plebiscite: A vote by which
the people of an entire
country or district, express an
opinion for or against a
proposal especially on a
choice of government or ruler.
 Political Defection: The
phenomenon of a legislator
elected as a member of a
political party quitting the
party without resigning the
seat is called political
defection.
 Prorogation: The discontinued
sitting of the Assembly is to
be reassembled later. It is done
by the Governor or the
President on the advice of the
Chief Minister or the Prime
Minister
respectively.
Adjournment can be over
ruled by prorogation.
 Proportionate Representation: An electoral system
which was first advocated by
J.S. Mill. According to this, the
votes of minorities are not
wasted. Indian President,
Vice-President and members
of Rajya Sabha are elected by
this method.
 Public Interest Litigation: It
means that any member of the
public can directly write and
draw attention of the court to
some injustice being suffered
by the members of the public.
 Shadow Cabinet: the persons
who have been elected by the








opposition party to assume
portfolios in case the party is
able to wrest the power.
Snap Vote: Voting unexpectedly recorded without the
voters being informed in
advance by party whip.
Zila Parishads: It is the thirdtier of the Panchayati Raj and
consists of President’s of
Panchayat Samithis, besides
the MLA’s and MP’s elected
from the district.
Amnesty: An act of general
pardon of offenders and
termination of their penalties
Amnesty is generally granted
for political offences in the
name of the Head of the State
to placate the opponents of the
regime through an act of
generosity and trust.
Byelection: Special election to
a seat rendered vacant during
the running term of an elected
person (by death, resignation
or disqualifica-tion)
Cold War: A state of tension
between countries in which
each side adopts policies
designed to strengthen itself
and weaken the other, but
falling short of actual war.
Coupd'etat: A sudden
change of government by
force, brought about by those
who already hold some
governmental or military
power.
Filibuster: Parliamentary
device of long speeches, not
necessarily relevant to
obstruct delay or bargain over
a measure under consideration
for voting.
Guillotine: The act of putting
all the demands to vote
without discussion on the last
304





day marked for discussion of
budget.
Ratification: The formal
adoption by a state of a treaty
signed by the representatives.
Refrendum: A device of direct
democracy which is used to
ascertain the view of electorate
either in the form of
government or as a legislative
proposal on a policy issue.
Question Hour: The first hour
of every parliamentary sitting
is slotted for this. During this
time, the members ask
questions and the ministers
usually give answers. The
questions are of three kinds
namely starred, unstarred
and short notice.
Zero Hour: It is an informal
device available to the
members of the parliament to
raise matters without any
prior notice. The zero hour
starts immediately after the
question hour and lasts until
the agenda for the day. The
time gap is 60 minutes.
No-Confidence Motion:
Article 75 of the constitution
says that the ministry stays in
the office so long as it enjoys
confidence of the majority of
the members of the LokSabha.
In otherwords, the Lok Sabha
can remove the ministry from
office by passing a non
confidence motion. The
motion needs the supports of
50 members to be admitted.
Abbreviations
AAGSP : All Asian
Gana
Sangam Parishad.
ABVP : Akhil
Bharatiya
Vidhyarthi Parishad.
AG
: Attorney General.
AIADMK : All India Anna
Dravida Munnetra
Kazhagam.
BJP
: Bharatiya Janatha
Party.
BKD
: Bharatiya Kranthi Dal.
BJD
: Biju Janata Dal.
BLD
: Bharatiya Lok Dal.
BSP
: Bahujan Samaj Party.
CPI
: Communist Party of
India.
CPI (M) : Communist Party of
India (Marxist).
CMP : Common Minimum
Programme.
CAT
: Central Administrative
Tribunal.
CAG : Comptroller
and
Auditor General.
DMK
: Dravida Munnetra
Kazhagam.
ESMA : Essential Services
Maintenance Act.
EVM : Electronic
Voting
Machine.
FBL
: Forward Block.
INL
: Indian
National
League.
ISP
: Indian Socialist Party.
IUML : Indian Union Muslim
League.
JD (U) : Janata Dal (United).
JP
: Janata Party.
MDMK : Marumalarchi Dravida
Munnetra Kazhagam.
NCP
: National Congress Party.
NDA : National Democratic
Alliance.
POTA : Prevention of Terrorism
Activities (Act).
PDP
: People’s Democratic
Party.
PMK : Pattali Makkal Katchi.
RJD
: Rashtriya Janata Dal.
RJP
: Rashtriya Janata Party.
RLD
: Rashtriya Lok Dal.
RPI
: Republican Party of
India.
RSP
: Revolutionary Socialist
Party.
SJP
: Samajwadi Janata Party.
SAD
: Shiromani Akali Dal.
TDP
: Telugu Desam Party.
TULF : Tamil United Liberation Front.
UPA
: United Progressive
Alliance.
Important Amendments
Amendments deal with
 Amend. 7(1956) Implement State Reorganisation Plan.
 Amend. 25 (1971) Amended Art. 31 regarding
the right of the state to acquire private property
for public purpose.
 Amend. 42 (1976) Brought about drastic changes
in the Indian Constitution. Because of its wide
sweep and drastic nature, it came to be called a
Mini Constitution. Its main provisions are 1) the
words ‘secular’ and ‘socialist’ were added to
the Preamble. 2) the primacy of Directive
Principles over Fundamental Rights was
ensured 3) restrictions were placed on the
exercise of judicial review by the High Courts. It
was laid down that the Supreme Court alone
would be entitled to examine the constitutional
validity of union laws.
 Amend. 44 (1978) The Right of Property, a
fundamental right was taken away and it is
only a legal right now.
 Amend. 56 (1987) Accorded the status of
statehood to Goa. Provided a 40 member
Legislative Assembly to Goa.
 Amend. 61 (1988) Reduced the voting age from
21 to 18 years for the Lok Sabha as well as
Assembly elections.
 Amend. 71 (1992) Provides that the Konkani,
Manipuri, and Nepali shall be included in the
Eighth Schedule, thus raising the number of
languages from 15 to 18.
 Amend. 73 (1992) Lead to the formation of
Panchayati Raj.
 Amend. 74 (1992) Led to the formation of
Nagar Palikas.
 Amend. 79 (1999) Extended the reservation of
Scheduled Castes, Scheduled Tribes, and
Anglo- Indians in Lok Sabha and State
Assemblies for ten more years ie, upto 2010.
 Amend. 84 (2000) Relates to the creation of new
states of Jharkhand, Chattisgarh and
Uttaranchal.
 93 Amendment Bill : Education - A
Fundamental Right.
305