Constitution of India — Question Bank

Ans: The Constitution of India is the supreme law of the country that defines the framework of political principles, establishes institutions, sets out fundamental rights and duties, and governs the relationship between the Union and the States.

Ans: The Preamble is the introductory statement of the Constitution that outlines the goals and objectives — Justice, Liberty, Equality and Fraternity — and declares India as a Sovereign, Socialist, Secular, Democratic Republic.

Ans: The Constitution was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950, which is celebrated as Republic Day.

Ans: Dr. B. R. Ambedkar, the Chairman of the Drafting Committee, is widely regarded as the chief architect and Father of the Indian Constitution.

Ans: Originally there were 395 Articles in 22 Parts and 8 Schedules. Today the number has grown through amendments.

Ans: (i) Right to Equality, (ii) Right to Freedom, (iii) Right against Exploitation, (iv) Right to Freedom of Religion, (v) Cultural and Educational Rights, (vi) Right to Constitutional Remedies.

Ans: The Directive Principles (Part IV, Art. 36–51) are guidelines to the State in policy-making aimed at establishing social, economic and political justice. They are non-justiciable but fundamental in governance.

Ans: Fundamental Duties (Part IV-A, Art. 51-A), added by the 42nd Amendment (1976), are moral obligations of every citizen — to uphold the Constitution, promote harmony, protect sovereignty, etc.

Ans: (i) National Emergency (Art. 352) on grounds of war/external aggression or armed rebellion, (ii) President's Rule / State Emergency (Art. 356) on failure of constitutional machinery in a State, (iii) Financial Emergency (Art. 360) on threat to financial stability.

Ans: Article 32 (Right to Constitutional Remedies) — Dr. Ambedkar called it the heart and soul because it provides the writ jurisdiction of the Supreme Court for enforcing Fundamental Rights.

Ans: The President of India is the constitutional Head of State and the first citizen of India.

Ans: The Prime Minister of India is the Head of the Government. The President is the Head of the State.

Ans: The maximum strength of the Lok Sabha is 552 — 530 from States, 20 from Union Territories, and 2 nominated Anglo-Indian members (Anglo-Indian nomination was abolished by the 104th Amendment, 2020).

Ans: The Rajya Sabha can have a maximum of 250 members — 238 elected by the elected members of State Legislative Assemblies (and Delhi & Puducherry) and 12 nominated by the President.

Ans: The Supreme Court of India is located in New Delhi. It was established on 28 January 1950.

Ans: The Supreme Court originally had 8 judges (1 CJI + 7). The current sanctioned strength is 34 judges (1 CJI + 33), prescribed by the Supreme Court (Number of Judges) Amendment Act, 2019.

Ans: The President of India appoints the judges of the Supreme Court after consultation with such judges of the Supreme Court and High Courts as the President may deem necessary.

Ans: The Governor is the constitutional Head of a State, analogous to the President at the Union level, and is appointed by the President.

Ans: The Chief Minister is the Head of the Government in a State. The Governor is the Head of the State.

Ans: There are two types — Legislative Assembly (Vidhan Sabha) in every State and Legislative Council (Vidhan Parishad) in only six States at present (Bihar, Karnataka, Andhra Pradesh, Maharashtra, Telangana and Uttar Pradesh).

Ans: The High Court is the highest judicial body in a State. Each High Court has jurisdiction over the State in which it is situated and sometimes over Union Territories.

Ans: District Administration refers to the governance of a district through the office of the District Collector (Deputy Commissioner), who is the chief revenue and development officer.

Ans: Article 40 (DPSP) originally directed village panchayats. The 73rd Constitutional Amendment (1992) added Part IX and Schedule 11 giving Panchayats a constitutional status (Art. 243 to 243-O).

Ans: A Municipality is an urban local self-government body responsible for civic amenities and governance in towns and smaller cities. Article 243-P to 243-ZG deal with Municipalities (74th Amendment).

Ans: A Municipal Corporation is the local self-government of a large city. Its members are elected by the city's voters and it is headed by a Mayor with executive powers vested in a Municipal Commissioner.

Ans: The Election Commission of India (ECI), an autonomous constitutional body established under Article 324, conducts elections to the Parliament, State Legislatures and the offices of President and Vice-President.

Ans: The Chief Election Commissioner (CEC) heads the Election Commission of India and is appointed by the President. He/She has tenure of 6 years or until age 65, whichever is earlier.

Ans: Universal Adult Suffrage (Art. 326) means every Indian citizen aged 18 years or above has the right to vote in elections to the Lok Sabha and State Legislative Assemblies, regardless of caste, religion, gender or literacy.

Ans: A writ is a written order from a higher court to a lower court, tribunal or person directing them to do or refrain from doing something. The five writs are Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto.

Ans: A Constitutional Amendment is a formal change to the Constitution made under Article 368. The procedure involves introduction in either House, special majority of Parliament and ratification by at least half the State Legislatures in certain cases.

Ans: (i) Union List (97 subjects — Defence, Foreign Affairs, Railways), (ii) State List (66 subjects — Police, Public Health, Agriculture), (iii) Concurrent List (47 subjects — Criminal Law, Marriage, Trade Unions).

Ans: "Sovereign" means India has supreme authority over its internal affairs and is not subject to any external authority.

Ans: Originally there were 8 Schedules. Today there are 12 Schedules — the 9th, 10th and 11th were added later and the 12th relates to anti-defection law.

Ans: The Anti-Defection Law, embodied in the 10th Schedule (added by the 52nd Amendment, 1985), disqualifies Members of Parliament/State Legislatures who defect from their party on whose ticket they were elected.

Ans: A Money Bill (Art. 110) is a bill containing only matters related to taxation, expenditure, borrowings or appropriations. It can be introduced only in the Lok Sabha and the Rajya Sabha can only recommend amendments.

Ans:

1. Lengthiest written Constitution: Originally 395 Articles, 22 Parts, 8 Schedules — now grown further.
2. Drawn from multiple sources: Borrowed from the Government of India Act, US, UK, Ireland, Germany, etc.
3. Rigidity and Flexibility: Some provisions need special majority, others can be changed by simple law.
4. Federal system with Unitary bias: Strong centre with emergency provisions tilting balance.
5. Single citizenship: Despite a federal structure, only Indian citizenship is recognised.
6. Independent judiciary: Supreme Court at the apex with extensive jurisdiction.
7. Fundamental Rights and Duties: Part III & IV-A.
8. Directive Principles of State Policy: Part IV, justiciable through courts via Art. 21 expansion.

Ans: The Preamble declares India to be a Sovereign, Socialist, Secular, Democratic Republic and secures to all citizens:

• Justice — social, economic and political
• Liberty — of thought, expression, belief, faith and worship
• Equality — of status and opportunity
• Fraternity — assuring the dignity of the individual and the unity of the Nation

It is based on the "Objectives Resolution" moved by Jawaharlal Nehru on 13 December 1946. The words "Socialist", "Secular" and "Integrity" were added by the 42nd Amendment (1976).

Ans: Fundamental Rights (Part III, Art. 12–35) are basic human rights guaranteed to all citizens:

• Right to Equality (Art. 14–18): Equality before law, non-discrimination, abolition of untouchability, abolition of titles.
• Right to Freedom (Art. 19–22): Six freedoms including speech, assembly, movement; protection in respect of conviction; right to life and personal liberty.
• Right against Exploitation (Art. 23–24): Prohibition of traffic in human beings and forced labour; no child under 14 in factories.
• Right to Freedom of Religion (Art. 25–28): Freedom of conscience and free profession, practice and propagation of religion.
• Cultural and Educational Rights (Art. 29–30): Protection of interests of minorities; right to establish educational institutions.
• Right to Constitutional Remedies (Art. 32): Writ jurisdiction of the Supreme Court.

Ans: Article 368 provides the procedure:

1. Introduction in either House of Parliament.
2. Passage by a special majority — a majority of the total membership of that House and a majority of not less than two-thirds of the members present and voting.
3. Ratification by not less than one-half of the State Legislatures (only for amendments affecting the federal structure, Art. 54, 55, 162, etc.).
4. Assent by the President — he cannot withhold it.
5. Some amendments (boundary, related Articles) require ratification by State Legislatures.

Types: (i) By special majority of Parliament alone, (ii) By special majority plus State ratification, (iii) By simple majority (e.g., admission of new States, Fifth & Sixth Schedules).

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Election: The President is elected by an electoral college consisting of elected members of both Houses of Parliament and State Legislative Assemblies (Delhi & Puducherry). The election follows the proportional representation with single transferable vote system.

Term: Five years; eligible for re-election; acts on aid and advice of the Council of Ministers (Art. 53, 74).

Executive powers: Appoints PM, Judges, Governors; can summon, prorogue Parliament.

Legislative powers: Addresses Parliament, assents to bills, can issue ordinances when Parliament is not in session.

Emergency powers: National Emergency (Art. 352), President's Rule (Art. 356), Financial Emergency (Art. 360).

Veto power: Absolute, Suspensive and Pocket veto.

Ans:

Appointment: Appointed by the President; usually leader of the majority party in Lok Sabha.

Role: Head of Government; leader of the Council of Ministers; chairman of Cabinet committees; principal link between President and Cabinet.

Powers:

1. Forms and reshuffles the Council of Ministers.
2. Allocates portfolios.
3. Can recommend dissolution of Lok Sabha to the President.
4. Chief spokesperson of government policy.
5. Leader of the majority party in Parliament.

The PM is responsible to the Lok Sabha. He can ask the President to dissolve the Lok Sabha.

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Ans: The Supreme Court is the apex court and guardian of the Constitution.

• Original Jurisdiction (Art. 131): Disputes between Union and States or between States.
• Writ Jurisdiction (Art. 32): Enforces Fundamental Rights.
• Appellate Jurisdiction (Art. 132–136): Appeals from High Courts; special leave petitions.
• Advisory Jurisdiction (Art. 143): Advises the President on legal questions.
• Review Jurisdiction (Art. 137): Reviews its own judgments.
• Court of Record: Its judgments are cited as precedents.
• Judicial Review: Can strike down laws inconsistent with the Constitution.

Ans:

Appointment: By the President of India for a term of 5 years (holds during the pleasure of the President).

Executive powers: Appoints CM and Council of Ministers; appoints Advocate General; important statutory functionaries of the State.

Legislative powers: Summons, prorogues the State Legislature; addresses, sends messages; assents to bills.

Discretionary powers: Can act on his discretion when no clear majority, in recommending President's Rule, etc. (Sarkaria Commission, 1988).

Emergency powers: Reports to President for imposition of Art. 356.

Governor's role is largely ceremonial as the State government is run by the Chief Minister.

Ans:

1. Appointed by the Governor — usually the leader of the majority party.
2. Forms and advises the Council of Ministers.
3. Allocates portfolios among ministers.
4. Presides over Cabinet meetings and coordinates ministerial work.
5. Main link between Governor and State Cabinet.
6. Leader of the Legislative Assembly of the State.
7. Advises the Governor on appointment of Advocate General, Chairmen of State Commissions, etc.
8. Responsible to the Legislative Assembly.

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Legislative Assembly (Vidhan Sabha):

• Directly elected by the people.
• Strength varies from 60 to 500.
• Term: 5 years, dissolvable.
• Members elect a Speaker and Deputy Speaker.
• Council of Ministers is collectively responsible to it.

Legislative Council (Vidhan Parishad):

• Indirectly elected / nominated; permanent body with 1/3 retiring every 2 years.
• Maximum strength is one-third of the total strength of the Assembly, minimum 40.
• Exists in six States (Bihar, Karnataka, Andhra Pradesh, Maharashtra, Telangana, UP).
• Reviews legislation, can delay a bill for a maximum of 4 months.

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Composition: Chief Justice and other judges appointed by the President in consultation with the CJI and the Governor of the State.

Jurisdiction:

• Original: Civil cases of value above ₹1 lakh; writs (Art. 226).
• Appellate: Appeals from district and subordinate courts.
• Supervisory: Over all courts and tribunals within its jurisdiction.
• Court of Record: Judgments are precedents.

Transfer of cases: The Supreme Court can transfer cases from one High Court to another (Art. 139-A).

There are currently 25 High Courts in India (some have jurisdiction over more than one State/UT).

Ans: The District Collector (also called Deputy Commissioner in some States) is the chief officer of the district.

• Revenue administration: Land records, collection of land revenue, settlement of disputes.
• Law and order: Superintendent of Police is subordinate to him for certain purposes.
• Development: Implements development schemes of Central and State governments.
• Disaster management: Coordinates relief measures.
• Election duties: District Election Officer for parliamentary and assembly elections.
• Supervisory: Over all district-level officers and panchayats / municipalities.

The position has evolved from a colonial revenue officer into a modern development administrator.

Ans: The Panchayati Raj system follows a three-tier structure:

• Gram Panchayat (Village level): Elected representatives of the village; headed by a Sarpanch / Pradhan. Looks after village sanitation, water supply, minor irrigation, roads, etc.
• Panchayat Samiti / Block Panchayat (Intermediate / Block level): Heads of Gram Panchayats within the block; supervises and coordinates development work.
• Zilla Parishad / District Panchayat (District level): Chairpersons of Panchayat Samitis; supervises plans, coordinates district-level schemes.

The 73rd Constitutional Amendment (1992) gave constitutional status to Panchayats, fixed elections, reserved seats for SCs/STs and women (1/3 seats), and provided for a State Election Commission and a State Finance Commission.

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Composition (Art. 324): Chief Election Commissioner (CEC) and such number of Election Commissioners (currently two ECs) as the President may fix. Originally the ECI was a single-member body; multi-member structure introduced by the 1993 ordinance.

Appointment: By the President.

Tenure: 6 years or until 65 years of age, whichever is earlier.

Powers and Functions:

• Superintendence, direction and control of elections to Parliament, State Legislatures, President and Vice-President.
• Delimits constituencies and recognises political parties.
• Allotting election symbols.
• Preparing electoral rolls and deciding polling procedures.
• Enforces the Model Code of Conduct.
• Advice to the President / Governor on disqualification of members (10th Schedule).

Ans: The election process is conducted by the ECI:

1. Issue of notification: The CEC announces the schedule and invites nominations.
2. Filing of nominations: Candidates file papers with a security deposit.
3. Scrutiny: Returning Officer examines nominations.
4. Campaigning: Political parties and candidates campaign.
5. Polling day: Voting through Electronic Voting Machines (EVMs) and VVPAT.
6. Counting and declaration: Votes are counted and results declared.
7. Election petition: Losing candidates may file a petition in the High Court.

The process is governed by the Representation of the People Act, 1950 & 1951.

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Ans: Three types of emergencies:

• National Emergency (Art. 352): Proclamation by the President on grounds of war, external aggression or armed rebellion (originally "internal disturbance", amended in 1978). It converts the federal structure into a unitary one; Lok Sabha's term can be extended by 1 year at a time.
• State Emergency / President's Rule (Art. 356): Imposed when constitutional machinery in a State fails. The State Legislative Assembly is dissolved or suspended; Governor administers the State on behalf of the President.
• Financial Emergency (Art. 360): If the financial stability or credit of India is threatened. The President can direct States to observe canons of financial propriety; reduce salaries of government servants. Never declared so far.

Ans:

• Election: Elected by an electoral college consisting of all members of both Houses of Parliament by secret ballot using proportional representation with single transferable vote.
• Term: Five years; eligible for re-election.
• Ex-officio Chairman of Rajya Sabha: Presides over its proceedings; casting vote in case of a tie.
• Acts as President: When the office falls vacant due to death, resignation or removal, until a new President is elected.
• Acts as President during absence: When the President is unable to perform duties due to illness.

Ans: Universal Adult Suffrage (Art. 326) gives every citizen aged 18+ the right to vote. Its importance:

1. Equality: Every citizen has equal political voice regardless of caste, religion, gender, education.
2. Democracy: Realises the democratic principle of "one person, one vote, one value".
3. Empowerment: Brings marginalised groups — Dalits, women, the poor — into the political mainstream.
4. Accountability: Politicians become accountable to the masses, not just elites.
5. Social transformation: Political equality leads to demands for social and economic equality.

Ans: Five writs:

1. Habeas Corpus ("to have the body"): Court orders a person under illegal detention to be produced before it. Protects individual liberty.
2. Mandamus ("we command"): Orders a public official / body to perform a duty it has refused to perform.
3. Prohibition: Issued by a higher court to an inferior court / tribunal ordering it to stop proceedings in a case beyond its jurisdiction.
4. Certiorari ("to be certified"): Higher court quashes the order of a lower court / tribunal acting beyond jurisdiction.
5. Quo Warranto ("by what authority"): Asks a person to show under what authority he holds a public office.

Ans:

• Electoral photo identity cards (EPIC): To prevent impersonation.
• Electronic Voting Machines (EVMs): Replaced paper ballots since 1982.
• VVPAT: Voter Verifiable Paper Audit Trail added to ensure transparency.
• NOTA: "None of the Above" option introduced by the Supreme Court (PUCL v. Union of India, 2013).
• Disqualification on conviction: Section 8 of RPA, 1951 — convicted MPs/MLAs stand disqualified.
• Anti-Defection Law (10th Schedule): Discourages horse-trading.
• Model Code of Conduct: Enforced by ECI during elections.
• Ceiling on election expenditure — for candidates and political parties.
• State funding of elections (proposed).
• Restriction on opinion polls and exit polls.

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The Cabinet is the nucleus of the Council; the Council includes all categories of ministers.

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• Legislative powers: Makes laws on subjects in the Union and Concurrent Lists.
• Financial powers: Approves budget, levies taxes, controls expenditure, audit by CAG.
• Executive control: Questions, debates, cut motions, no-confidence motion against the Council of Ministers.
• Constituent powers: Amends the Constitution under Art. 368.
• Judicial powers: Can impeach the President (Art. 61), remove judges (Art. 124(4)).
• Electoral powers: Elects the President, Vice-President and Speaker/Deputy Speaker.
• Other: Declares emergency, ratifies ordinances, removes members of UPSC, CAG, etc.

Ans:

The Preamble to the Constitution of India is the introductory statement that declares the philosophy and aspirations of the people. It was drafted by the Drafting Committee chaired by Dr. B.R. Ambedkar.

Key terms in the Preamble:

• We, the People of India — Sovereignty rests with the people.
• Sovereign — Independent authority over internal and external affairs.
• Socialist (added by 42nd Amendment) — Social and economic equality, mixed economy.
• Secular (added by 42nd Amendment) — No State religion; equal respect for all religions.
• Democratic — Government by the people.
• Republic — Head of State is elected, not hereditary.
• Justice — Social, economic and political.
• Liberty — Of thought, expression, belief, faith and worship.
• Equality — Of status and opportunity.
• Fraternity — Dignity of the individual and unity of the Nation.
• Integrity (added by 42nd Amendment) — Committed to maintain the territorial integrity and sovereignty of India.

Significance of the 42nd Amendment (1976):

The 42nd Amendment was passed during the Emergency. It added the words "Socialist", "Secular" and "Integrity" to the Preamble, converting it from a Sovereign Democratic Republic to a Sovereign Socialist Secular Democratic Republic. The change strengthened the secular and socialist character of the Indian State.

Case laws: In Berubari Union (1960), the Supreme Court held that the Preamble is not a part of the Constitution. Later, in Kesavananda Bharati v. State of Kerala (1973), the Supreme Court reversed itself and held that the Preamble is a part of the Constitution and can be amended subject to the basic structure doctrine.

Ans: Part III of the Constitution (Art. 12–35) deals with Fundamental Rights. They are:

1. Right to Equality (Art. 14–18):
   • Art. 14 — Equality before law and equal protection of laws.
   • Art. 15 — Prohibition of discrimination on grounds of religion, race, caste, sex, place of birth.
   • Art. 16 — Equality of opportunity in public employment.
   • Art. 17 — Abolition of untouchability.
   • Art. 18 — Abolition of titles except military and academic.
2. Right to Freedom (Art. 19–22):
   • Art. 19 — Six freedoms — speech, assembly, association, movement, residence, profession.
   • Art. 19(2) — Reasonable restrictions in the interest of sovereignty, public order, decency, etc.
   • Art. 20 — Protection against conviction for offences (ex-post facto law, double jeopardy, self-incrimination).
   • Art. 21 — Right to life and personal liberty.
   • Art. 21-A — Right to education (6–14 years).
   • Art. 22 — Protection against arrest and detention.
3. Right against Exploitation (Art. 23–24):
   • Art. 23 — Prohibition of traffic in human beings and forced labour.
   • Art. 24 — Prohibition of employment of children below 14 in hazardous industries.
4. Right to Freedom of Religion (Art. 25–28):
   • Art. 25 — Freedom of conscience and free profession, practice and propagation of religion.
   • Art. 26 — Freedom to manage religious affairs.
   • Art. 27 — Freedom from taxation for promotion of any religion.
   • Art. 28 — Freedom from religious instruction in State-funded educational institutions.
5. Cultural and Educational Rights (Art. 29–30):
   • Art. 29 — Protection of interests of minorities — language, script, culture.
   • Art. 30 — Right of minorities to establish and administer educational institutions.
6. Right to Constitutional Remedies (Art. 32): Writ jurisdiction of the Supreme Court for enforcement of Fundamental Rights.

These rights are not absolute. They are subject to reasonable restrictions and can be suspended during emergency (except Art. 20 & 21).

Ans: The Directive Principles of State Policy (Part IV, Art. 36–51) are directions to the State in policy-making.

Categories of DPSPs:

1. Socialistic Principles: Adequate livelihood, equitable distribution of wealth, equal pay, proper work conditions, right to work, living wage, protection of children, social security, etc.
2. Liberal-Individualistic Principles: Protection of life and liberty, free and compulsory education, separation of judiciary from executive, promotion of international peace.
3. Gandhian Principles: Village panchayats, cottage industries, prohibition of intoxicating drinks, protection of cows, organisation of agriculture and animal husbandry.

Important Articles:

• Art. 36: Definition of State.
• Art. 37: DPSPs are fundamental in governance, not justiciable.
• Art. 38: State to promote welfare of the people.
• Art. 39: Equal distribution of wealth.
• Art. 39-A: Free legal aid.
• Art. 40: Organisation of village panchayats.
• Art. 41: Right to work, education, public assistance.
• Art. 44: Uniform Civil Code.
• Art. 45: Early childhood care.
• Art. 48: Organisation of agriculture and animal husbandry.
• Art. 48-A: Protection of environment.
• Art. 51: Promotion of international peace and security.

Conflict between FR and DPSP:

• FR are justiciable, DPSPs are non-justiciable.
• FRs are negative (limiting State), DPSPs are positive (directing State).
• The Constitution, however, envisions harmony between the two. The State is expected to apply DPSPs while implementing FRs.
• The Supreme Court has harmonised them in cases like Champakam Dorairajan (1951), where the Court gave primacy to FRs.
• However, in Minerva Mills (1980), the Court held that a balance must be struck and the basic structure doctrine must be maintained.

Today, through expansive interpretation of Art. 21, many DPSPs have been indirectly made enforceable.

Ans:

Election:

• The President is elected by an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the State Legislative Assemblies (including Delhi and Puducherry).
• Nominated members of Parliament and State Assemblies do not participate.
• The election uses the system of proportional representation with single transferable vote; each vote's value is calculated to maintain parity between States and the Centre.

Qualifications (Art. 58): Citizen of India, at least 35 years old, qualified to be a member of Lok Sabha, not holding any office of profit.

Term (Art. 56): Five years; eligible for re-election; can resign; can be removed by impeachment for "violation of the Constitution" (Art. 61).

Powers and Position:

1. Executive powers (Art. 53–62): All executive actions of the Union are taken in his name. He appoints the PM, other ministers, judges, governors, CAG, etc.
2. Legislative powers (Art. 79–86): Can summon, prorogue Parliament; addresses both Houses; assents to bills; can issue ordinances when Parliament is not in session.
3. Financial powers: Causes the Annual Budget and Supplementary Grants to be laid before Parliament.
4. Judicial powers: Appoints judges; can grant pardon, reprieve, respite, remission, commutation or suspension of punishment (Art. 72).
5. Emergency powers: National Emergency (Art. 352), President's Rule (Art. 356), Financial Emergency (Art. 360).
6. Military powers: Supreme Commander of the Armed Forces.
7. Veto powers: Absolute veto, Suspensive veto, Pocket veto.
8. Diplomatic powers: Represents India in international affairs; receives ambassadors.

Position: The President is the constitutional Head of State. According to Art. 53, executive power is vested in him but exercised "in accordance with the Constitution", and Art. 74 makes the aid and advice of the Council of Ministers binding, except in cases of discretion.

Thus, in practice, the President acts on the advice of the Council of Ministers headed by the PM.

Ans: The Parliament of India is the supreme legislative body of the Union. It consists of the President and the two Houses — Lok Sabha and Rajya Sabha.

Lok Sabha (House of the People):

• Maximum strength 552 — 530 from States, 20 from UTs, 2 nominated Anglo-Indian (abolished by 104th Amendment, 2020).
• Directly elected by the people on the basis of universal adult suffrage.
• Term: 5 years (can be dissolved earlier); can be extended by 1 year at a time during National Emergency.
• Speaker: Elected by members; maintains order; casting vote in case of a tie.
• Privileges and immunities.

Rajya Sabha (Council of States):

• Maximum strength 250 — 238 elected, 12 nominated.
• Elected by elected members of State Legislative Assemblies (single transferable vote).
• Nominated members are distinguished in literature, science, art and social service.
• Permanent body — not subject to dissolution; 1/3 members retire every 2 years.
• Vice-President is the ex-officio Chairman.

Functions:

1. Legislative: Makes laws on Union and Concurrent subjects; both Houses normally have equal powers except in the case of Money Bills.
2. Financial: Money Bill introduced only in Lok Sabha; Rajya Sabha can only recommend amendments within 14 days.
3. Executive control: Question Hour, Zero Hour, debates, cut motions, no-confidence motion.
4. Constituent: Power to amend the Constitution under Art. 368.
5. Electoral: Elects President, Vice-President, Speaker; joins in the impeachment of judges.
6. Judicial: Can impeach the President; remove judges of SC/HC.
7. Emergency: Approves proclamations of emergency.

Joint Sitting (Art. 108): When a bill is deadlocked between the two Houses, the President can summon a joint sitting. Lok Sabha has the majority in a joint sitting. So far, joint sittings have been held only three times (once successfully).

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Establishment: The Supreme Court was inaugurated on 28 January 1950. It is the apex court and guardian of the Constitution.

Composition (Art. 124): A Chief Justice of India and such number of other judges (currently 33) as Parliament may by law prescribe. The current total sanctioned strength is 34 (1 CJI + 33) as per the Supreme Court (Number of Judges) Amendment Act, 2019.

Appointment: Appointed by the President after consultation with such judges of the SC and HC as the President may deem necessary. The collegium system (CJI + 4 senior-most puisne judges) recommends names.

Qualifications: Citizen of India, Judge of a High Court for 5 years or an advocate of a High Court for 10 years or a distinguished jurist.

Tenure: Holds office till 65 years of age; can resign; can be removed by Parliament through impeachment for proved misbehaviour or incapacity (Art. 124(4)).

Jurisdiction:

1. Original Jurisdiction (Art. 131): Disputes between the Union and the States; between two or more States; fundamental questions of interpretation.
2. Writ Jurisdiction (Art. 32): Issues writs for enforcement of Fundamental Rights.
3. Appellate Jurisdiction (Art. 132–136): Appeals from High Courts in civil, criminal and constitutional matters. Special Leave Petition (Art. 136) is discretionary.
4. Advisory Jurisdiction (Art. 143): Advises the President on questions of law or fact referred to it. The advice is not binding.
5. Review Jurisdiction (Art. 137): Reviews its own judgments.
6. Court of Record: Its judgments, orders and decrees are cited as precedents and evidence.
7. Judicial Review: Power to strike down laws that violate the Constitution.

Independence of Judiciary: Salaries, pensions, allowances of judges are charged on the Consolidated Fund of India. Judges cannot be removed except through impeachment by Parliament.

Ans:

Appointment (Art. 153): Appointed by the President and holds office during the pleasure of the President. Normal term is 5 years.

Qualifications: Citizen of India, at least 35 years, not a member of either House of Parliament or State Legislature.

Powers:

1. Executive powers (Art. 154–167): All executive action of the State is taken in his name. Appoints the Chief Minister and other ministers; appoints the Advocate General and important State functionaries.
2. Legislative powers: Summons, prorogues the State Legislature; addresses it; can send messages; assents to bills; can reserve bills for the President; can issue ordinances when Legislature is not in session.
3. Financial powers: Causes the State Budget to be laid; no money bill can be introduced without his recommendation.
4. Judicial powers: Appoints judges of District Courts; can grant pardon, etc. (Art. 161).
5. Discretionary powers: In cases of no clear majority, recommending imposition of President's Rule, etc. (Sarkaria Commission, 1988).
6. Veto powers: Absolute veto, Suspensive veto (does not have pocket veto).
7. Emergency powers: Can report failure of constitutional machinery under Art. 356.

Position: The Governor is the constitutional Head of the State, but real executive power rests with the Chief Minister and the Council of Ministers. According to the Sarkaria Commission, the Governor must act on the aid and advice of the Council of Ministers except in cases of constitutional discretion.

Important conventions:

• Appoints the leader of the majority party in the Legislative Assembly as the Chief Minister.
• Does not dismiss a Chief Minister who has lost majority unless tested on the floor of the House.
• Acts as a vital link between the Union and the State.

Ans: The State Legislature is the legislative body of a State. Article 168 provides that every State shall have a Legislative Assembly (Vidhan Sabha). In addition, six States have a Legislative Council (Vidhan Parishad).

Legislative Assembly (Vidhan Sabha):

• Composition: Members directly elected by the people on the basis of universal adult suffrage from single-member territorial constituencies.
• Strength: Fixed by the Delimitation Commission; varies from 60 to 500.
• Term: 5 years; can be dissolved earlier by the Governor.
• Speaker: Elected by members from amongst themselves; can vote in the first instance and has a casting vote in case of a tie.
• Privileges and immunities of members.

Legislative Council (Vidhan Parishad):

• Composition: Maximum one-third of the total strength of the Assembly; minimum 40.
• Members are elected / nominated as follows:
  1. 1/3 by members of local bodies (municipalities, panchayats).
  2. 1/3 by members of the Legislative Assembly from amongst themselves.
  3. 1/12 by teachers of educational institutions.
  4. 1/12 by graduates of three years' standing.
  5. 1/6 nominated by the Governor from persons distinguished in literature, science, art, social service.
• Permanent body — not subject to dissolution; 1/3 members retire every 2 years.
• Chairman and Deputy Chairman: Elected by members from amongst themselves.

Powers and Functions:

1. Legislative: Makes laws on State and Concurrent subjects; normal bills can originate in either House.
2. Financial: Money Bill introduced only in Vidhan Sabha; Council can only recommend amendments within 14 days.
3. Executive control: Through questions, debates, adjournment motions, cut motions, no-confidence motion against the Council of Ministers.
4. Electoral: Elects the President, members of Rajya Sabha, and in some cases, the Speaker.
5. Constitutional: Forms part of the electoral college for the President.

Special provision for Delhi and Puducherry — they have Legislative Assemblies with limited powers (subject to Parliament's supremacy).

Ans:

Establishment: High Courts are the highest judicial bodies in a State. Article 214 provides that there shall be a High Court for each State. Currently there are 25 High Courts in India.

Composition (Art. 216): A Chief Justice and such number of other judges as the President may determine from time to time.

Appointment (Art. 217): Appointed by the President in consultation with the CJI, the Chief Justice of the High Court and the Governor of the State.

Qualifications: Citizen of India, held judicial office for 10 years or been an advocate of a HC for 10 years.

Tenure: Holds office until 62 years of age; removable like a Supreme Court judge.

Jurisdiction:

1. Original jurisdiction: Civil cases of value above ₹1 lakh (varies); matters of admiralty, probate, matrimonial, company law; writ petitions under Art. 226 — fundamental and legal rights.
2. Appellate jurisdiction: Appeals from district and subordinate courts in civil and criminal matters.
3. Supervisory jurisdiction (Art. 227): Superintendence over all courts and tribunals within its territorial jurisdiction.
4. Revisional jurisdiction: Can call for records and pass appropriate orders.
5. Court of Record: Judgments cited as precedents; powers of contempt.
6. Advisory jurisdiction: Advises the Governor on legal matters (rarely exercised).

Other Powers:

• Can transfer cases to itself (Art. 228 — cases involving interpretation of the Constitution).
• Can transfer civil and criminal cases from one subordinate court to another.
• Can issue writs — Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.
• Punishment for contempt of court.
• Judicial review — can strike down State laws that violate the Constitution.

Importance of Art. 226: Even non-citizens can approach the HC under Art. 226, unlike Art. 32 which is restricted to Fundamental Rights.

Ans:

Evolution:

1. Balwant Rai Mehta Committee (1957): Recommended the three-tier Panchayati Raj system — Gram Panchayat, Panchayat Samiti, Zilla Parishad.
2. Ashok Mehta Committee (1977): Suggested a two-tier system; greater devolution; financial autonomy.
3. 73rd Constitutional Amendment (1992): Gave Panchayats a constitutional status through Part IX and the 11th Schedule.

Salient Features of the 73rd Amendment:

• Three-tier system: Village, Intermediate (Block), District levels. States with population less than 20 lakh may not have the intermediate level.
• Direct elections: Members of Gram Panchayat are directly elected.
• Reserved seats: For Scheduled Castes and Scheduled Tribes in proportion to their population; one-third seats reserved for women (also for the office of chairperson).
• Five-year term: Panchayats have a fixed tenure of 5 years; if dissolved, fresh elections within 6 months.
• State Election Commission: Independent body to conduct panchayat elections.
• State Finance Commission: To review the financial position of panchayats and recommend principles for devolution of funds.
• 11th Schedule: 29 subjects (later 30 by 74th Amendment — to local bodies) — including agriculture, primary education, health, sanitation, women and child development, etc.

Structure:

• Gram Panchayat (Village level): Head — Sarpanch / Pradhan. Members — Panchs. Implements village-level schemes, sanitation, water supply, minor irrigation, maintenance of village roads.
• Panchayat Samiti / Block Panchayat: Head — Pramukh / Chairman. Members — Sarpanch of constituent Gram Panchayats and directly elected members. Coordinates development at block level.
• Zilla Parishad / District Panchayat: Head — Adhyaksha / President. Members — Pramukh of blocks and directly elected members. Coordinates district-level planning and execution.

Importance:

1. Democratic decentralisation — brings democracy to the grassroots.
2. People's participation in planning and governance.
3. Empowers women and marginalised communities.
4. Speedy implementation of development schemes.
5. Strengthens the federal structure by giving constitutional status to local self-government.

Ans:

Constitutional basis (Art. 324): The superintendence, direction and control of elections to Parliament, State Legislatures, the office of President and Vice-President is vested in the Election Commission of India.

Composition:

• The ECI is a multi-member body consisting of the Chief Election Commissioner (CEC) and such number of Election Commissioners (ECs) as the President may fix from time to time.
• Currently the ECI has 3 members — 1 CEC and 2 ECs.
• The multi-member structure was introduced in 1993 (earlier there was only the CEC).

Appointment: Appointed by the President of India.

Tenure and Conditions: 6 years from the date of assumption of office or until the age of 65 years, whichever is earlier. They enjoy the same status, salary and privileges as a judge of the Supreme Court. They cannot be reappointed.

Removal: The CEC can be removed only in the manner of a judge of the Supreme Court. The ECs, however, can be removed on the recommendation of the CEC.

Independence: The salary, allowances and pension of the CEC are charged on the Consolidated Fund of India. The conditions of service cannot be varied to his disadvantage after appointment.

Powers and Functions:

1. Superintendence, direction and control of all elections.
2. Delimits constituencies and allocates seats to reserved categories.
3. Prepares and updates electoral rolls.
4. Recognises national and State political parties; allots election symbols.
5. Sets polling dates and supervises polling.
6. Enforces the Model Code of Conduct — a set of norms for political parties and candidates during elections.
7. Advises the President / Governor on the disqualification of members of Parliament / State Legislatures under the 10th Schedule.
8. Advice on electoral reforms and practices.
9. Quasi-judicial functions — settles disputes related to party symbols, splits, etc.

State Election Commissions: Independent State Election Commissions conduct local body (Panchayat and Municipality) elections.

Recent Reforms: Use of EVMs, VVPAT, mandatory disclosure of criminal background and assets by candidates (2003 amendment), right to recall not yet introduced.

Ans: The Indian Constitution provides for three types of emergencies to deal with extraordinary situations:

1. National Emergency (Art. 352):

• Grounds: War, external aggression, or armed rebellion.
• Proclamation: By the President on the written advice of the Cabinet.
• Parliamentary approval: Must be approved by both Houses within 1 month; otherwise lapses. Maximum duration is 6 months; can be extended in 6-month increments by parliamentary approval.
• Effect:
  • The federal structure is converted into a unitary one — Centre can give directions to States on any matter.
  • Fundamental Rights (except Art. 20 and 21) can be suspended.
  • Lok Sabha's term can be extended by 1 year at a time — but not beyond 6 months after the proclamation ceases.
  • Parliament can make laws on State subjects.
• Revocation: By the President at any time; must be approved by Lok Sabha within 30 days.

2. State Emergency / President's Rule (Art. 356):

• Grounds: The President receives a report (or otherwise is satisfied) that the constitutional machinery in a State has failed.
• Parliamentary approval: By both Houses within 2 months.
• Duration: Initially 6 months; can be extended up to 3 years maximum (with conditions).
• Effect:
  • The State Council of Ministers is dismissed.
  • The State Legislative Assembly is dissolved or suspended.
  • The Governor administers the State on behalf of the President.
  • Parliament assumes the power to make laws on State subjects.
  • Non-essential services of the State may come under All India Services (AIS).
• During the period of President's Rule, a new Legislative Assembly may be constituted after elections.

3. Financial Emergency (Art. 360):

• Grounds: Threat to the financial stability or credit of India.
• Duration: Maximum 2 months initially; can be extended indefinitely by parliamentary approval every 2 months.
• Effect:
  • The President can direct States to observe canons of financial propriety.
  • Reduce salaries and allowances of government servants.
  • Treasury bills and other money bills may be subject to such directions.
• Financial Emergency has never been proclaimed in India.

Judicial Review: The Supreme Court can review the validity of emergency proclamations. In Minerva Mills v. Union of India (1980), the Court struck down provisions that gave the executive unlimited power to modify Fundamental Rights during emergency.

Important case: S.R. Bommai v. Union of India (1994) — the Supreme Court held that President's Rule is subject to judicial review and cannot be used for political purposes.