GROUP I MAINS POLITY – DECODED SYLLABUS

Published on August 8, 2025

GROUP I MAINS-2025

DETAILED SYLLABUS

Paper III – General Studies II

UNIT I: INDIAN POLITY AND EMERGING POLITICAL TRENDS ACROSS THE WORLD AFFECTING INDIA

Constitution of India

This can be broken down into a comprehensive, multi-layered framework.

THE FOUNDATIONS OF THE CONSTITUTION

Historical Underpinnings and Evolution:

The “Making” of the Constitution:
- Constitutional Developments under British Rule (1773-1947): Regulating Act, Pitt’s India Act, Charter Acts, Government of India Acts (1858, 1909, 1919, 1935), Indian Independence Act 1947. (This is a separate syllabus topic, but serves as the background here).
The Constituent Assembly:
- Its formation (under Cabinet Mission Plan), composition, and working.
- Role of key committees (Drafting Committee under Dr. Ambedkar, Union Powers Committee under Nehru, etc.).
- Key debates on major issues: federalism, fundamental rights, separate electorates, uniform civil code, language.
- Enactment and adoption of the Constitution.

Salient Features of the Indian Constitution:

A list of the key characteristics that define the Indian Constitution.
Examples: Lengthiest written constitution, drawn from various sources, blend of rigidity and flexibility, federal system with unitary bias, parliamentary form of government, synthesis of parliamentary sovereignty and judicial supremacy, integrated and independent judiciary, fundamental rights, DPSPs, fundamental duties, a secular state, universal adult franchise, single citizenship, emergency provisions, three-tier government.

The Preamble:

Text and Keywords: Understanding the meaning of “Sovereign, Socialist, Secular, Democratic, Republic” and “Justice, Liberty, Equality, Fraternity.”
Significance: It embodies the basic philosophy and fundamental values of the Constitution.
Status: Is it a part of the Constitution? Can it be amended? (Reference to Berubari Union and Kesavananda Bharati cases).

The Basic Structure Doctrine:

Evolution: How the Supreme Court evolved this doctrine through landmark cases (Shankari Prasad -> Golaknath -> Kesavananda Bharati -> Minerva Mills).
Meaning: The principle that Parliament can amend any part of the Constitution (under Art 368) but cannot alter its “basic structure” or “basic features.”
Significance: It establishes a balance between parliamentary sovereignty and judicial supremacy and protects the core ideals of the Constitution from being destroyed by legislative majorities.
Elements of the Basic Structure: (e.g., Supremacy of the Constitution, rule of law, separation of powers, federalism, secularism, free and fair elections, judicial review).

THE STRUCTURE AND FUNCTIONING OF THE STATE

The Union and its Territory (Part I):

Articles 1-4.
Process of formation of new states and alteration of boundaries (Article 3). The power of Parliament.

Citizenship (Part II):

Articles 5-11.
Modes of acquisition and loss of citizenship.
Contemporary issues: Citizenship (Amendment) Act (CAA), 2019, National Register of Citizens (NRC).

Fundamental Rights (FRs) (Part III – The Magna Carta of India):

Articles 12-35. This is a very critical section.
Features: Justiciable, not absolute but qualified.
Categorization:
- Right to Equality (Art 14-18).
- Right to Freedom (Art 19-22).
- Right against Exploitation (Art 23-24).
- Right to Freedom of Religion (Art 25-28).
- Cultural and Educational Rights (Art 29-30).
- Right to Constitutional Remedies (Art 32 – “Heart and Soul of the Constitution”).
Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto.
Relationship between FRs and DPSPs.

Directive Principles of State Policy (DPSP) (Part IV):

Articles 36-51.
Features: Non-justiciable but “fundamental in the governance of the country.”
Classification: Socialistic, Gandhian, Liberal-Intellectual principles.
Significance: Aims to establish a “welfare state.”

Fundamental Duties (Part IV-A):

Article 51A (added by 42nd Amendment, based on Swaran Singh Committee recommendations).
Features: Non-justiciable.
Significance as a moral and civic code for citizens.

The Union Executive (Part V):

President, Vice-President, Prime Minister, Council of Ministers, Attorney-General.
Key Topics: Election, powers, functions, and position of the President; role and powers of the PM; principle of collective responsibility of the Council of Ministers.

The Union Legislature (Parliament) (Part V):

Structure: Rajya Sabha and Lok Sabha (composition, duration, qualifications).
Functioning: Sessions, legislative procedure (how a bill becomes a law – ordinary, money, financial, constitutional amendment bills), budget process.
Powers and Privileges: Parliamentary privileges, powers of both houses (comparative).
Devices of Parliamentary Proceedings: Question Hour, Zero Hour, motions (adjournment, no-confidence), committees.

The State Executive (Part VI):

Governor, Chief Minister, Council of Ministers, Advocate-General.
Key Topics: Appointment, powers (especially discretionary powers), and role of the Governor; relationship between Governor and CM.

The State Legislature (Part VI):

Similar to Parliament but at the state level (bicameral vs. unicameral).

The Judiciary (Parts V & VI):

Structure: Integrated judicial system with the Supreme Court at the top, followed by High Courts and subordinate courts.
Supreme Court: Organization, appointment of judges, jurisdiction (Original, Appellate, Advisory), powers (judicial review).
High Courts: Organization, appointment, jurisdiction, powers.
Judicial Independence: How it is ensured.
Key Issues: Judicial activism, Public Interest Litigation (PIL), judicial reforms, National Judicial Appointments Commission (NJAC) issue.

Federalism and Centre-State Relations:

Federal Features of the Constitution (e.g., dual polity, written constitution, division of powers, supremacy of constitution, independent judiciary).
Unitary/Non-Federal Features (e.g., single constitution, single citizenship, integrated judiciary, appointment of governor, all-India services, emergency provisions).
Division of Powers: Legislative (Union, State, Concurrent Lists – 7th Schedule), Administrative, and Financial relations.
Key Issues in Federalism: Role of Governor, disputes over resources (water, finance), demands for state autonomy, GST and its impact on fiscal federalism.

Local Government (Parts IX & IX-A):

Panchayati Raj Institutions (73rd Amendment): Features, provisions, challenges in devolution of “3 Fs” (Funds, Functions, Functionaries).
Urban Local Bodies (74th Amendment): Features, provisions, challenges.

Constitutional Bodies:

Election Commission, UPSC, State PSC, Finance Commission, National Commissions for SCs/STs/BCs, CAG, Attorney-General, Advocate-General.
For each body: Composition, appointment, functions, powers, and independence.

Emergency Provisions (Part XVIII):

National Emergency (Art 352).
President’s Rule (Art 356).
Financial Emergency (Art 360).
Impact on fundamental rights and federal structure.

Amendment of the Constitution (Part XX):

Article 368: Procedure for amendment.
Types of majorities required.
Link to the Basic Structure Doctrine.

COMPARATIVE AND CONTEMPORARY ASPECTS

Comparison with other Constitutions:

Comparing key features of the Indian Constitution with those of other major democracies like the USA, UK, France, Germany, Japan.
Themes for Comparison:
- Form of Government (Parliamentary vs. Presidential).
- Federalism (Indian quasi-federalism vs. US classical federalism).
- Judicial Review (Indian synthesis vs. US due process vs. UK parliamentary sovereignty).
- Amendment Procedure (Indian blend vs. US rigidity).
- Bill of Rights.

Contemporary Issues and Debates:

This involves applying constitutional principles to current affairs.
Examples: Uniform Civil Code, reservations, sedition law, federal disputes, functioning of Parliament, judicial appointments, privacy, data protection.

Historical Background of Indian Constitution

Framework:

The Company Rule (1773–1858): Focus on the British Parliament’s increasing regulation of the East India Company.
The Crown Rule (1858–1947): Focus on the direct governance by the British Crown and the gradual, reluctant introduction of representative elements.
The Legacy: How these acts influenced the final Constitution.

The Company Rule (1773–1858): From Trading Company to Administrative Power

This phase is characterized by the centralization of administration.

1. Regulating Act of 1773:
- Context: To control and regulate the corrupt and mismanaged East India Company (EIC).
- Key Constitutional Features:
  - First step towards Centralization: Governor of Bengal became the Governor-General of Bengal, with Bombay and Madras Presidencies made subordinate to him.
  - Establishment of an Executive Council to assist the Governor-General.
  - Establishment of a Supreme Court at Calcutta (1774): First step towards a formal, separate judiciary.
  - Significance: First time the British Parliament asserted its right to regulate the EIC’s affairs in India.
2. Pitt’s India Act of 1784:
- Context: To rectify the defects of the Regulating Act.
- Key Constitutional Features:
  - Introduction of “Dual Control”: A Board of Control (representing the Crown) was created in Britain to supervise the EIC’s political, military, and revenue affairs, while the Court of Directors (of the EIC) managed commercial affairs.
  - Strengthened State Control: The British Government was given supreme control over the Company’s affairs and administration in India.
  - Company’s territories were first called the “British possessions in India.”
3. Charter Act of 1813:
- Context: Rise of laissez-faire; demand from British merchants to end the EIC’s monopoly.
- Key Constitutional Features:
  - Ended the EIC’s trade monopoly (except for tea and trade with China).
  - Asserted the sovereignty of the British Crown over the Company’s territories in India.
4. Charter Act of 1833:
- Context: Final step towards centralization.
- Key Constitutional Features:
  - Governor-General of Bengal was made the Governor-General of India, with exclusive legislative powers for all of British India.
  - EIC’s activities as a commercial body ended. It became a purely administrative body.
  - First attempt to introduce a system of open competition for civil services (though negated by the Court of Directors).
5. Charter Act of 1853:
- Context: Last of the Charter Acts; growing demand for ending EIC’s rule.
- Key Constitutional Features:
  - Separated legislative and executive functions of the Governor-General’s council for the first time.
  - Created a separate Governor-General’s Legislative Council (the “Indian Legislative Council”), which functioned as a mini-Parliament.
  - Introduced open competition for the civil services, throwing it open to Indians as well (Macaulay Committee).
  - Introduced local representation in the Indian Legislative Council for the first time (from Madras, Bombay, Bengal, Agra).

The Crown Rule (1858–1947): Gradual Introduction of Representative Government

This phase is characterized by a move towards decentralization and the introduction of responsible government (in a very limited way).

6. Government of India Act, 1858:
- Context: Enacted in the wake of the Revolt of 1857.
- Key Constitutional Features:
  - Abolished the EIC and transferred all powers to the British Crown.
  - Abolished “Dual Control” (Board of Control and Court of Directors).
  - Governor-General was now the Viceroy.
  - Created the office of the Secretary of State for India (SoS), a member of the British Cabinet, with complete authority over Indian administration. SoS was assisted by a 15-member Council of India.
7. Indian Councils Act of 1861:
- Context: British desire to associate Indians with the law-making process after 1857.
- Key Constitutional Features:
  - Beginning of Representative Institutions: Allowed for the nomination of some Indians as non-official members in the Viceroy’s expanded legislative council.
  - Beginning of Decentralization: Restored the legislative powers to the Bombay and Madras Presidencies.
  - Gave statutory recognition to the “Portfolio System” introduced by Lord Canning.
8. Indian Councils Act of 1892:
- Context: Pressure from the newly formed Indian National Congress.
- Key Constitutional Features:
  - Increased the number of non-official members in legislative councils.
  - Increased the functions of the councils, giving them the power to discuss the budget and ask questions to the executive.
  - Introduced the principle of indirect election (through nomination on recommendation) for the first time.
9. Indian Councils Act of 1909 (Morley-Minto Reforms):
- Context: Rise of extremism; British policy of “divide and rule” and placating moderates.
- Key Constitutional Features:
  - Considerably increased the size of legislative councils.
  - Allowed members to ask supplementary questions and move resolutions on the budget.
  - Allowed for the first-time appointment of an Indian to the Viceroy’s Executive Council (Satyendra Prasad Sinha).
  - Introduced a system of communal representation for Muslims by accepting the concept of ‘separate electorates’. This is a very important and negative feature.
10. Government of India Act of 1919 (Montagu-Chelmsford Reforms):
- Context: World War I, Home Rule Movement, Montagu’s Declaration (1917).
- Key Constitutional Features:
  - Introduced “Dyarchy” (dual rule) in the provinces, dividing provincial subjects into “transferred” (administered by ministers responsible to the legislature) and “reserved” (administered by the Governor).
  - Introduced bicameralism and direct elections at the Centre for the first time.
  - Extended the principle of communal representation to Sikhs, Indian Christians, Anglo-Indians, and Europeans.
  - Separated central and provincial budgets.
11. Government of India Act of 1935:
- Context: Simon Commission, Round Table Conferences. This was the most detailed act and formed the blueprint for the current Constitution.
- Key Constitutional Features:
  - Provided for an All-India Federation (never came into being).
  - Abolished dyarchy in the provinces and introduced ‘provincial autonomy’.
  - Provided for the adoption of dyarchy at the Centre (never came into being).
  - Introduced bicameralism in six provinces.
  - Further extended separate electorates to Depressed Classes (Scheduled Castes), women, and labour.
  - Established the Reserve Bank of India, Federal Public Service Commission, and a Federal Court.
12. Indian Independence Act of 1947:
- Context: Post-WWII, Mountbatten Plan.
- Key Constitutional Features:
  - Declared India an independent and sovereign state.
  - Provided for the Partition of India.
  - Abolished the office of Viceroy and Secretary of State.
  - Empowered the Constituent Assemblies of the two dominions to frame and adopt any constitution and to repeal any act of the British Parliament.

How these Acts influenced the Indian Constitution

Feature in Indian Constitution	Historical Precedent / Source from British Acts
Parliamentary Form of Government	Evolved through the legislative councils created by the Acts of 1861, 1892, 1909, 1919, 1935.
Bicameral Legislature	Introduced by the Government of India Act, 1919.
Division of Powers (Federal Scheme)	The three lists (Federal, Provincial, Concurrent) were taken from the Government of India Act, 1935.
Office of the Governor	Based on the role of the Governor under the 1935 Act.
Public Service Commissions	Established by the 1935 Act.
Federal Judiciary	The Supreme Court is the successor to the Federal Court established by the 1935 Act.
Emergency Provisions	Drawn from the 1935 Act.
Administrative Details	A large part of the administrative structure was borrowed directly from the 1935 Act.

Making of the Indian Constitution

This can be broken down into a clear narrative flow:

The Demand for a Constituent Assembly.
Formation and Composition of the Constituent Assembly.
The Working of the Constituent Assembly.
The Philosophy and Guiding Principles (Objectives Resolution).
Role of Major Committees and Key Personalities.
Key Debates and Decisions within the Assembly.
Enactment, Adoption, and Commencement.
Criticisms of the Constituent Assembly.

The Demand for a Constituent Assembly:

Early Idea: The idea of a Constituent Assembly for India was first put forward by M.N. Roy in 1934.
Adoption by INC: The Indian National Congress officially demanded a Constituent Assembly in 1935 to frame a constitution for free India without outside interference.
British Acceptance (in principle):
- The demand was accepted in principle by the British in the “August Offer” of 1940.
- The Cripps Mission of 1942 made a more concrete proposal for a Constituent Assembly to be set up after World War II.

Formation and Composition of the Constituent Assembly:

Basis of Formation: The Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan.
Key Features of the Scheme:
- Total Strength: 389 members.
  - 296 seats were allotted to British India.
  - 93 seats to the Princely States.
- Method of Election (for British India):
  - It was indirectly elected. Members were elected by the members of the provincial legislative assemblies.
  - Used the method of proportional representation by means of a single transferable vote.
- Seat Allocation: Seats were allotted to each province and princely state in proportion to their respective populations.
- Division among Communities: Seats in British India were divided among the three principal communities – Muslims, Sikhs, and General (all others) – in proportion to their population.
- Princely States: Representatives were to be nominated by the heads of the princely states.
Outcome of Elections (July-August 1946): Indian National Congress won 208 seats, the Muslim League won 73 seats.
Important Point: The Assembly was not directly elected by the people on the basis of universal adult franchise. However, it comprised representatives of all sections of Indian society – Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Indian Christians, SCs, STs, including women of all these sections.

The Working of the Constituent Assembly:

First Meeting (December 9, 1946):
- The Muslim League boycotted the meeting, insisting on a separate state of Pakistan.
- Dr. Sachchidananda Sinha, the oldest member, was elected as the temporary President.
Permanent Leadership:
- Dr. Rajendra Prasad was elected as the President of the Assembly.
- H.C. Mukherjee and V.T. Krishnamachari were elected as the Vice-Presidents.
Sessions and Duration: The Assembly met for 11 sessions over 2 years, 11 months, and 18 days. The makers had gone through the constitutions of about 60 countries.
Impact of Partition: After the Mountbatten Plan of June 3, 1947, the representatives of the areas that went to Pakistan withdrew. The membership of the Assembly came down to 299.
Dual Function: The Indian Independence Act of 1947 made the Assembly a fully sovereign body. It performed two separate functions:

As a Constituent Body: To make the Constitution for free India (chaired by Dr. Rajendra Prasad).
As a Legislative Body: To enact ordinary laws for the country (chaired by G.V. Mavalankar). It became the first Parliament of free India.

The Philosophy and Guiding Principles (Objectives Resolution):

Moved by Jawaharlal Nehru on December 13, 1946.
Content: It laid down the fundamentals and philosophy of the constitutional structure. It resolved to proclaim India as an Independent Sovereign Republic and to draw up for her future governance a constitution.
Key Principles Declared:
- Justice (social, economic, political).
- Liberty (of thought, expression, belief, faith, worship).
- Equality (of status and opportunity).
- Fraternity (assuring the dignity of the individual and the unity of the nation).
- Adequate safeguards for minorities, backward and tribal areas, and depressed and other backward classes.
Significance: This resolution was unanimously adopted and its modified version forms the Preamble of the present Constitution.

Role of Major Committees and Key Personalities:

The Assembly worked through a number of committees.

Major Committees and their Chairmen:
- Union Powers Committee: Jawaharlal Nehru.
- Union Constitution Committee: Jawaharlal Nehru.
- Provincial Constitution Committee: Sardar Vallabhbhai Patel.
- Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas: Sardar Vallabhbhai Patel.
- Rules of Procedure Committee: Dr. Rajendra Prasad.
- Steering Committee: Dr. Rajendra Prasad.
The Drafting Committee (The Most Important Committee):
- Set up on August 29, 1947.
- Chairman: Dr. B.R. Ambedkar.
- Other Members: N. Gopalaswamy Ayyangar, Alladi Krishnaswamy Ayyar, Dr. K.M. Munshi, Syed Mohammad Saadullah, N. Madhava Rau, T.T. Krishnamachari.
- Role: To prepare the draft of the new Constitution based on the reports of other committees.
- Dr. Ambedkar is recognized as the “Father of the Constitution of India” for his pivotal role. His clear and persuasive arguments in the Assembly were crucial in the drafting of a stable and just Constitution.
Other Key Figures:
- Sir B.N. Rau: Constitutional Advisor to the Assembly.
- Sardar Vallabhbhai Patel: Played a key role in bringing the princely states into the Indian Union and in shaping the provisions on rights and minorities.

Key Debates and Decisions within the Assembly:

Federalism: The debate between a strong centre and more autonomy for states. A compromise was reached with a “federal system with a unitary bias.”
Parliamentary vs. Presidential System: The Assembly opted for the British model of a parliamentary system due to familiarity and its responsible nature.
Fundamental Rights: Debates on the extent of rights, limitations, and justiciability.
Separate Electorates: A very contentious issue. The Assembly, learning from the divisive experience under the British, decisively rejected separate electorates for religious minorities, opting instead for a system of joint electorates with reservation of seats for SCs and STs.
Universal Adult Franchise: A revolutionary decision to grant the right to vote to every adult citizen without any discrimination of caste, creed, sex, or education.
National Language: Intense debate between proponents of Hindi and other languages. A compromise was reached in the form of the “Munshi-Ayyangar formula,” which made Hindi in Devanagari script the “official language” of the Union, while allowing English to continue for 15 years, and recognizing other major regional languages.

Enactment, Adoption, and Commencement:

Adoption: The Constitution, as prepared by the Drafting Committee, was adopted, enacted, and gave to themselves by the people of India in the Constituent Assembly on November 26, 1949. This date is mentioned in the Preamble and is now celebrated as Constitution Day (or National Law Day).
Commencement: The Constitution came into full force on January 26, 1950. This date was chosen to commemorate the Purna Swaraj Day which was celebrated on January 26, 1930, following the Lahore Session of the INC. With its commencement, India became a sovereign republic.

Criticisms of the Constituent Assembly:

Not a Representative Body: As it was not directly elected. (Counter: Members were elected by provincial assemblies who were themselves elected, and it had representation from all sections).
Not a Sovereign Body: As it was created by the proposals of the British Government. (Counter: The Indian Independence Act 1947 made it a fully sovereign body).
Time-Consuming: Critics called it a “drifting committee.” (Counter: The complexity and diversity of India required detailed deliberation).
Dominated by Congress: The Congress party held a large majority. (Counter: The Congress itself was a diverse party, and deliberations were democratic and accommodated different viewpoints).
Dominated by Lawyers and Politicians: (Counter: This was necessary given the legalistic and political nature of the task).
Dominated by Hindus: (Counter: The Assembly gave representation to all major communities).

The Preamble

This can be broken down into:

Text and Introduction: What is the Preamble and what does it say?
Source of Authority.
Nature of the Indian State.
Objectives of the Constitution.
Date of Adoption.
Significance of the Preamble.
Key Debates: Is it a part of the Constitution? Can it be amended?
Relevance in modern governance and jurisprudence.

Text and Introduction:

A. Definition:
- The Preamble is the preface or introduction to the Constitution. It sets out the guiding purpose, principles, and philosophy of the Constitution.
- The American Constitution was the first to begin with a Preamble.
B. Based on the ‘Objectives Resolution’:
- The Preamble of the Indian Constitution is based on the historic “Objectives Resolution” drafted and moved by Jawaharlal Nehru and adopted by the Constituent Assembly.
C. The Text: (It is highly recommended to be familiar with the text)

“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 the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”

Source of Authority:

“We, the People of India…”
Meaning: This phrase declares that the ultimate sovereignty lies with the people of India. The Constitution is not a gift from the British Parliament or any external power; it is created and adopted by the people themselves, acting through their representatives in the Constituent Assembly.

Nature of the Indian State (The Five Keywords):

1. Sovereign:
- Meaning: India is an independent state. It is not dependent on or a dominion of any other external power. It is free to conduct its own internal and external affairs.
2. Socialist:
- Added by the 42nd Amendment, 1976.
- Meaning: The Indian brand of socialism is “Democratic Socialism,” not “Communistic Socialism.” It aims to end poverty, ignorance, disease, and inequality of opportunity. It believes in a mixed economy where both the public and private sectors coexist. The Supreme Court has noted that Indian socialism is a blend of Marxism and Gandhism, leaning heavily towards Gandhian socialism.
3. Secular:
- Added by the 42nd Amendment, 1976. (Though the spirit was always present in Articles 25-28).
- Meaning: The Indian concept of secularism is positive, not negative. It does not mean a strict separation of state and religion. It means the state will have no religion of its own and will treat all religions with equal respect (Sarva Dharma Sama Bhava).
4. Democratic:
- Meaning: The Constitution establishes a government based on the will of the people, expressed through regular elections based on universal adult franchise.
- It encompasses not just political democracy (voting rights) but also social and economic democracy (reflected in the DPSPs). It implies a representative parliamentary democracy.
5. Republic:
- Meaning: The head of the state (the President) is an elected head, not a hereditary monarch (like in Britain). The President is elected indirectly for a fixed term of five years. It also means that political sovereignty vests in the people and all public offices are open to every citizen without discrimination.

Objectives of the Constitution (The Four Ideals):

1. Justice:
- Social Justice: Absence of privileges for any particular section and the improvement of the conditions of backward classes (SCs, STs, OBCs) and women.
- Economic Justice: Non-discrimination between people on the basis of economic factors. It involves the elimination of glaring inequalities in wealth, income, and property.
- Political Justice: All citizens have equal political rights, equal access to all political offices, and equal voice in the government.
- The ideal of justice (social, economic, political) has been taken from the Russian Revolution.
2. Liberty:
- Meaning: Absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities.
- The Preamble secures liberty of thought, expression, belief, faith, and worship, which are guaranteed as Fundamental Rights.
- The ideals of liberty, equality, and fraternity have been taken from the French Revolution.
3. Equality:
- Meaning: Absence of special privileges to any section of the society, and the provision of adequate opportunities for all individuals without any discrimination.
- The Preamble secures equality of status (through Fundamental Rights like Art 14, 15, 17, 18) and of opportunity (Art 16).
4. Fraternity:
- Meaning: A sense of common brotherhood among all Indians.
- Two Goals: The Preamble declares that fraternity has to assure two things:
  1. The dignity of the individual.
  2. The unity and integrity of the nation. (“Integrity” was added by the 42nd Amendment).
- It is promoted by the system of single citizenship.

Date of Adoption:

November 26, 1949: The date on which the Constitution was adopted by the Constituent Assembly.

Significance of the Preamble:

“Identity Card of the Constitution” (N.A. Palkhivala): It provides a summary or essence of the entire Constitution.
Embodies the Vision of the Founding Fathers: It reflects the dreams and aspirations of those who fought for India’s freedom.
Source of Interpretation: The Supreme Court has referred to the Preamble to interpret ambiguous provisions of the Constitution. It helps in understanding the purpose and intent behind the provisions.
A Guide for Governance: It serves as a moral and political compass for the state, guiding its policies and actions.

Key Debates: Part of Constitution? Amendable?

This is a very important part, showing your knowledge of constitutional law.

A. Is the Preamble a part of the Constitution?
- Berubari Union case (1960): The Supreme Court held that the Preamble is not a part of the Constitution and therefore cannot be used to override the express provisions of the articles.
- Kesavananda Bharati case (1973): The Supreme Court overruled its earlier decision and held that the Preamble is a part of the Constitution. It is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble.
B. Can the Preamble be amended?
- This question also arose in the Kesavananda Bharati case. The Court held that since the Preamble is a part of the Constitution, it can be amended under Article 368.
- Crucial Rider: However, the amendment should not destroy the “basic features” or “basic structure” of the Constitution that are embodied in the Preamble.
- In Practice: The Preamble has been amended only once so far, by the 42nd Constitutional Amendment Act, 1976, which added three new words – Socialist, Secular, and Integrity.

Relevance in Modern Governance and Jurisprudence:

Constitutional Morality: The Preamble is the source of “constitutional morality,” a set of values that all constitutional functionaries must abide by.
Judicial Interpretation: The judiciary continues to use the Preamble to test the constitutional validity of laws and executive actions. For example, the ideals of secularism and socialism in the Preamble are used to interpret other provisions.
Guide for Citizens: It serves as a reminder to citizens of the foundational values of the nation and their duties in upholding them.

Salient Features of the Indian Constitution

This topic is best approached as a structured list of key features, with a brief explanation and significance for each.

Framework:

Introduction: Briefly state that the Indian Constitution is a unique document, a product of historical evolution and the vision of the Constituent Assembly.
Elaboration of Key Features: Discuss each feature systematically.
Conclusion: Summarize the overall nature and spirit of the Constitution.

Introduction:

The Constitution of India is a landmark document that lays down the framework for the governance of the country. Adopted on November 26, 1949, and enforced on January 26, 1950, it is unique in its content and spirit. While it has borrowed several features from other constitutions, it has adapted them to the specific needs and conditions of India. Its salient features are as follows:

Elaboration of Key Features:

1. Lengthiest Written Constitution:
- Description: The Indian Constitution is the most detailed and comprehensive of all written constitutions in the world. Originally, it had a Preamble, 395 Articles (divided into 22 Parts), and 8 Schedules.
- Reasons for its size:
  - Geographical vastness and diversity of the country.
  - Historical factors, especially the influence of the bulky Government of India Act, 1935.
  - Single constitution for both the Centre and the states (except for Jammu and Kashmir initially).
  - Detailed administrative provisions were included to avoid ambiguity.
  - The need to address the specific problems of a newly independent nation (e.g., provisions for SCs, STs, minorities).
2. Drawn From Various Sources (A “Borrowed” Constitution):
- Description: The framers of the Constitution borrowed and adapted the best features from various constitutions of the world. Dr. Ambedkar stated that it was framed after “ransacking all the known Constitutions of the World.”
- Key Sources:
  - Government of India Act, 1935: Federal scheme, office of governor, judiciary, public service commissions, emergency provisions. (This is the main structural blueprint).
  - British Constitution: Parliamentary government, rule of law, legislative procedure, single citizenship, cabinet system, writ jurisdiction.
  - US Constitution: Fundamental Rights, judicial independence, judicial review, impeachment of the President, removal of judges.
  - Irish Constitution: Directive Principles of State Policy (DPSP).
  - Canadian Constitution: Federation with a strong Centre, residuary powers with the Centre.
  - Australian Constitution: Concurrent List, freedom of trade and commerce.
  - German (Weimar) Constitution: Suspension of Fundamental Rights during Emergency.
  - Soviet (USSR) Constitution: Fundamental Duties, the ideal of justice (social, economic, political) in the Preamble.
3. Blend of Rigidity and Flexibility:
- Description: The Constitution is neither as rigid as the American Constitution (which requires a very difficult amendment process) nor as flexible as the British Constitution (which has no special procedure for amendment). It is a synthesis of both.
- Mechanism:
  - Some provisions can be amended by a simple majority of the Parliament (like ordinary laws).
  - Most provisions require a special majority of the Parliament (a majority of the total membership of the House and a majority of two-thirds of the members present and voting).
  - Some federal provisions require a special majority of the Parliament plus the ratification of half of the state legislatures.
4. Federal System with Unitary Bias (Quasi-Federal):
- Description: The Constitution establishes a federal structure of government (two governments, division of powers, written constitution, supremacy of constitution, independent judiciary).
- However, it also contains a large number of unitary or non-federal features. K.C. Wheare described it as “quasi-federal.”
- Unitary Features: A strong Centre, single constitution, single citizenship, flexibility of the constitution, integrated judiciary, appointment of state governor by the Centre, All-India Services, emergency provisions.
5. Parliamentary Form of Government:
- Description: The Indian Constitution opted for the British parliamentary system over the American presidential system.
- Key Features:
  - Presence of nominal (President) and real (Prime Minister) executives.
  - Majority party rule.
  - Collective responsibility of the executive to the legislature (the bedrock principle).
  - Membership of ministers in the legislature.
  - Leadership of the Prime Minister or the Chief Minister.
6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy:
- Description: This is a unique balance.
  - Parliamentary Sovereignty (from UK): The Parliament can amend a major portion of the Constitution.
  - Judicial Supremacy (from USA): The Supreme Court can declare parliamentary laws as void if they violate the Constitution (Judicial Review).
- The Basic Structure Doctrine has further strengthened the position of the judiciary.
7. Integrated and Independent Judiciary:
- Integrated: India has a single, integrated judicial system with the Supreme Court at the top, followed by High Courts at the state level, and a hierarchy of subordinate courts. This is unlike the US, which has separate federal and state judicial systems.
- Independent: The Constitution has made several provisions to ensure the independence of the judiciary, such as security of tenure for judges, fixed service conditions, and separation of the judiciary from the executive.
8. Fundamental Rights (Part III):
- Description: These are justiciable rights guaranteed to all citizens, promoting political democracy. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature.
9. Directive Principles of State Policy (DPSP) (Part IV):
- Description: These are non-justiciable ideals that the state should keep in mind while formulating policies. They aim to establish a social and economic democracy – a “welfare state.”
10. Fundamental Duties (Part IV-A):
- Description: Added by the 42nd Amendment (1976), these are a set of moral and civic obligations for citizens. They are non-justiciable.
11. A Secular State:
- Description: The Constitution stands for a secular state. The term “Secular” was added to the Preamble by the 42nd Amendment, but the spirit was always present in Articles 14, 15, and 25-28. It embodies the positive concept of secularism (equal respect for all religions).
12. Universal Adult Franchise:
- Description: A bold and revolutionary step at the time of independence. The Constitution adopted the principle of universal adult franchise (Article 326), granting the right to vote to every citizen above the age of 18 (originally 21) without any discrimination.
13. Single Citizenship:
- Description: Unlike federal states like the USA, the Indian Constitution provides for only a single, all-India citizenship. This is intended to promote a sense of national unity and fraternity.
14. Independent Bodies:
- Description: The Constitution establishes several independent bodies to act as bulwarks of the democratic system.
- Examples: Election Commission, Comptroller and Auditor-General (CAG), Union Public Service Commission (UPSC).
15. Emergency Provisions:
- Description: The Constitution contains elaborate provisions to enable the President to deal with extraordinary situations, to safeguard the sovereignty, unity, integrity, and security of the country.
16. Three-tier Government:
- Description: The 73rd and 74th Constitutional Amendment Acts (1992) added a third tier of government (local government – Panchayats and Municipalities), which is not found in any other Constitution of the world.

Conclusion:

The Indian Constitution is a living document, a dynamic instrument that has evolved to meet the changing needs of the nation. Its salient features reflect the framers’ wisdom in creating a framework that is strong enough to hold the country together, yet flexible enough to adapt. It is a testament to their vision of building a sovereign, socialist, secular, and democratic republic based on the ideals of justice, liberty, equality, and fraternity.

Parts of the Constitution

The best way to decode this is to create a thematic and logical grouping of the Parts, explaining the significance of each group. The original Constitution had 22 Parts. After amendments, there are currently 25 Parts (as some were added and one was repealed).

Framework for Understanding the Parts:

The Foundational Principles (The Soul): Deals with the nature of the state and the relationship between the citizen and the state.
The Structure of Government (The Machinery): Deals with the three wings of government at the Union and State levels.
The Federal Structure (The Balance): Deals with the distribution of power and relations between different levels of government.
Special Provisions and Miscellaneous (The Details): Deals with specific areas, groups, and the functioning of the Constitution itself.

The Foundational Principles (The Soul of the Constitution)

This group establishes the philosophical and legal basis of the Indian state.

Part I: The Union and its Territory (Articles 1-4)
- Content: Defines India as a “Union of States,” and details the procedure for the formation of new states, and alteration of areas, boundaries, or names of existing states.
- Significance: Establishes the territorial framework of the nation and the indestructible nature of the Union.
Part II: Citizenship (Articles 5-11)
- Content: Deals with the criteria for Indian citizenship at the commencement of the Constitution and empowers Parliament to regulate the right of citizenship by law.
- Significance: Defines who the “people of India” are.
Part III: Fundamental Rights (Articles 12-35)
- Content: The “Magna Carta” of India. Guarantees justiciable rights to citizens (and some to non-citizens), such as equality, freedom, protection against exploitation, freedom of religion, and constitutional remedies.
- Significance: The bedrock of political democracy and a limitation on state power.
Part IV: Directive Principles of State Policy (DPSP) (Articles 36-51)
- Content: Contains the social, economic, and political ideals that the state should strive for. They are non-justiciable.
- Significance: The conscience of the Constitution, aiming to establish a “welfare state” and social and economic democracy.
Part IV-A: Fundamental Duties (Article 51-A)
- Content: Added by the 42nd Amendment, 1976. Lays down the moral and civic duties of citizens.
- Significance: A reminder that rights and duties are correlative.

The Structure of Government (The Machinery)

This group details the organization and functioning of the three organs of government.

Part V: The Union (Articles 52-151)
- Content: The longest part of the Constitution. It deals with the Union Government.
  - Chapter I – The Executive (President, Vice-President, Council of Ministers, Attorney-General).
  - Chapter II – Parliament (Lok Sabha, Rajya Sabha).
  - Chapter III – Legislative Powers of the President (Ordinances).
  - Chapter IV – The Union Judiciary (The Supreme Court).
  - Chapter V – Comptroller and Auditor-General of India (CAG).
- Significance: Lays down the entire framework of the Central Government.
Part VI: The States (Articles 152-237)
- Content: Mirrors the structure of the Union government but at the state level.
  - The Executive (Governor, Chief Minister, Council of Ministers, Advocate-General).
  - The State Legislature.
  - Legislative Powers of the Governor.
  - The High Courts.
  - Subordinate Courts.
- Significance: Lays down the framework of State Governments.

The Federal Structure (The Balance of Power)

This group deals with the complex relationship between the different tiers of government.

Part IX: The Panchayats (Articles 243 to 243-O)
- Content: Added by the 73rd Amendment, 1992. Provides constitutional status to Panchayati Raj Institutions.
- Significance: Establishes the third tier of government and aims for democratic decentralization.
Part IX-A: The Municipalities (Articles 243-P to 243-ZG)
- Content: Added by the 74th Amendment, 1992. Provides constitutional status to Urban Local Bodies.
- Significance: Strengthens urban local self-government.
Part IX-B: The Co-operative Societies (Articles 243-ZH to 243-ZT)
- Content: Added by the 97th Amendment, 2011. Aims to promote cooperative societies.
Part X: The Scheduled and Tribal Areas (Articles 244 to 244-A)
- Content: Deals with the special administration of Scheduled Areas and Tribal Areas. Links to the Fifth and Sixth Schedules.
- Significance: Provides a protective framework for tribal communities.
Part XI: Relations between the Union and the States (Articles 245-263)
- Content: The core of India’s federalism.
  - Chapter I – Legislative Relations (Territorial and subject-matter jurisdiction, Union/State/Concurrent lists).
  - Chapter II – Administrative Relations.
- Significance: Defines the division of powers between the Centre and the States.
Part XII: Finance, Property, Contracts and Suits (Articles 264-300A)
- Content: Deals with the financial relations between Centre and States (distribution of revenues), the Finance Commission (Art 280), borrowing, property, and the Right to Property (Art 300A).
- Significance: Lays down the framework for India’s fiscal federalism.
Part XIII: Trade, Commerce and Intercourse within the Territory of India (Articles 301-307)
- Content: Deals with the freedom of trade and commerce throughout India.

Special Provisions and Miscellaneous (The Details)

This group contains provisions for specific services, groups, languages, and the functioning of the Constitution itself.

Part XIV: Services under the Union and the States (Articles 308-323)
- Content: Deals with the civil services.
  - Chapter I – Services.
  - Chapter II – Public Service Commissions (UPSC, SPSC).
- Significance: Establishes the “steel frame” of Indian administration.
Part XIV-A: Tribunals (Articles 323-A to 323-B)
- Content: Added by the 42nd Amendment. Deals with administrative and other tribunals.
Part XV: Elections (Articles 324-329A)
- Content: Deals with the Election Commission and the conduct of elections.
- Significance: The bedrock of India’s political democracy.
Part XVI: Special Provisions relating to Certain Classes (Articles 330-342)
- Content: Provides for reservation of seats for SCs and STs in legislatures, representation of the Anglo-Indian community, and the National Commissions for SCs, STs, and BCs.
- Significance: A key part of India’s affirmative action framework.
Part XVII: Official Language (Articles 343-351)
- Content: Deals with the official language of the Union and the States, and the language of the judiciary.
Part XVIII: Emergency Provisions (Articles 352-360)
- Content: Deals with National Emergency, President’s Rule, and Financial Emergency.
Part XIX: Miscellaneous (Articles 361-367)
- Content: Various provisions, including the protection of the President and Governors.
Part XX: Amendment of the Constitution (Article 368)
- Content: Lays down the procedure for amending the Constitution.
Part XXI: Temporary, Transitional and Special Provisions (Articles 369-392)
- Content: Contains special provisions for certain states like Jammu & Kashmir (Art 370 – now modified), Maharashtra, Gujarat, Nagaland, Assam, etc.
Part XXII: Short title, commencement, authoritative text in Hindi and repeals (Articles 393-395)
- Content: Concluding provisions.

(Note: Part VII dealing with states in Part B of the First Schedule was repealed by the 7th Amendment, 1956).

Schedules of the Indian Constitution

Framework for Understanding the Schedules:

Think of the Schedules as detailed lists that give substance to the articles mentioned alongside them.

Schedule	Content	Relevant Articles	Significance / Key Idea	Mnemonic / Memory Aid
First Schedule	Names of the States and their territorial jurisdiction. Names of the Union Territories and their extent.	Articles 1 and 4	Defines the territorial framework of the Indian Union.	Territories
Second Schedule	Provisions relating to the emoluments, allowances, privileges, etc., of: – President of India – Governors of States – Speaker & Deputy Speaker of Lok Sabha / State Assemblies – Chairman & Deputy Chairman of Rajya Sabha / State Councils – Judges of the Supreme Court and High Courts – Comptroller and Auditor-General of India (CAG)	Multiple Articles	Details the salaries and emoluments of high constitutional functionaries, ensuring their financial independence.	Emoluments
Third Schedule	Forms of Oaths or Affirmations for: – Union Ministers – Candidates for election to Parliament – Members of Parliament (MPs) – Judges of the Supreme Court & High Courts – CAG – State Ministers – Candidates for election to state legislatures < – Members of state legislatures (MLAs/MLCs)	Multiple Articles	Prescribes the oaths of office and secrecy, which are the solemn promises to uphold the Constitution.	Affirmations & Oaths
Fourth Schedule	Allocation of seats in the Rajya Sabha to the states and union territories.	Articles 4 and 80	Establishes the principle of representation of states in the Upper House of Parliament.	Rajya Sabha Seats
Fifth Schedule	Provisions relating to the administration and control of Scheduled Areas and Scheduled Tribes. (Applicable to all states with Scheduled Areas, except Assam, Meghalaya, Tripura, and Mizoram).	Article 244	Provides a protective framework for tribal communities to safeguard their land and culture. Central role for the Governor.	Scheduled Areas
Sixth Schedule	Provisions relating to the administration of Tribal Areas in the states of Assam, Meghalaya, Tripura, and Mizoram.	Article 244	Provides for a higher degree of autonomy for tribal areas in these four specific states through the creation of Autonomous District Councils (ADCs).	Other Tribal Areas
Seventh Schedule	Division of powers between the Union and the States in the form of three lists: – List I (Union List) – List II (State List) – List III (Concurrent List)	Article 246	The cornerstone of Indian federalism. Defines the legislative jurisdiction of the Parliament and state legislatures.	Federal Structure (Lists)
Eighth Schedule	List of 22 recognized official languages of the Republic of India. (Originally had 14 languages).	Articles 344 and 351	Recognizes the linguistic diversity of India and promotes the development of these languages.	Official Languages
Ninth Schedule	Acts and Regulations (mostly related to land reforms) that are protected from judicial review on the grounds of violation of Fundamental Rights. (Added by the 1st Amendment, 1951).	Article 31B	Created to protect land reform laws from being challenged in courts. However, the Supreme Court in the I.R. Coelho case (2007) ruled that even laws in the 9th Schedule are open to judicial review if they violate the “basic structure” of the Constitution.	Land Reforms
Tenth Schedule	Provisions relating to disqualification of members of Parliament and State Legislatures on the ground of defection. (Added by the 52nd Amendment, 1985, also known as the Anti-Defection Law).	Articles 102 and 191	Aims to curb political defections and promote political stability. The decision of the Presiding Officer is subject to judicial review (Kihoto Hollohan case).	Defection
Eleventh Schedule	Specifies the powers, authority, and responsibilities of Panchayats. It has 29 matters. (Added by the 73rd Amendment, 1992).	Article 243G	Provides the functional items for democratic decentralization at the rural level, empowering Panchayati Raj Institutions.	Panchayats
Twelve Schedule	Specifies the powers, authority, and responsibilities of Municipalities. It has 18 matters. (Added by the 74th Amendment, 1992).	Article 243W	Provides the functional items for democratic decentralization at the urban level, empowering Urban Local Bodies.	Municipalities

Amendment of the Constitution

This can be broken down into:

The Need for Amendment: Why should a Constitution be amendable?
The Procedure for Amendment as laid down in Article 368.
Types of Amendments (based on the majority required).
The Doctrine of Basic Structure: The ultimate limitation on the amending power.
Significant Amendments in Indian constitutional history.
Criticisms of the amendment procedure.

The Need for Amendment (The “Why”):

A Living Document: The Constitution is not a static or frozen document. It must be able to adapt and evolve to meet the changing needs, aspirations, and challenges of a dynamic society. The framers of the Constitution were aware that a document made in the mid-20th century would need modifications for the future.
Striking a Balance (Rigidity vs. Flexibility):
- The amendment procedure is designed to strike a balance.
- It should not be so easy that it can be altered by ruling parties for partisan interests, which would undermine its supremacy.
- It should not be so difficult or rigid that it cannot adapt to changing times, which could lead to revolutions or its breakdown.
- The Indian Constitution’s blend of rigidity and flexibility is one of its salient features.

The Procedure for Amendment (Article 368):

A. Location in the Constitution: Part XX, Article 368 deals with the power of Parliament to amend the Constitution and the procedure for it.
B. Key Features of the Procedure:
- 1. Initiation: An amendment can be initiated only by the introduction of a Bill in either House of Parliament (Lok Sabha or Rajya Sabha). It cannot be initiated in the state legislatures.
- 2. Introduction of the Bill: The Bill can be introduced either by a minister or by a private member. It does not require prior permission of the President.
- 3. Majority Required: The Bill must be passed in each House by a special majority, which means:
  - A majority of the total membership of that House (i.e., more than 50%), AND
  - A majority of two-thirds of the members of that House present and voting.
- 4. Separate Passage: The Bill must be passed by each House separately. There is no provision for a joint sitting of the two Houses in case of a disagreement.
- 5. Ratification by States (for Federal Provisions): If the Bill seeks to amend any of the federal provisions of the Constitution, it must also be ratified by the legislatures of not less than one-half of the states by a simple majority.
- 6. President’s Assent: After being duly passed (and ratified by states, if required), the Bill is presented to the President for assent. The President must give his assent to the Bill. He can neither withhold his assent nor return the Bill for reconsideration of the Parliament (this was made obligatory by the 24th Amendment Act, 1971).
- 7. The Result: After the President’s assent, the Bill becomes an Act, and the Constitution stands amended in accordance with the terms of the Act.

Types of Amendments:

The Constitution can be amended in three ways:

1. Amendment by Simple Majority of the Parliament:
- Nature: These amendments are outside the scope of Article 368. They are passed by a simple majority of members present and voting, just like an ordinary law.
- Provisions Covered: Admission or establishment of new states, formation of new states and alteration of areas/boundaries/names of existing states (Article 3), abolition or creation of legislative councils in states, rules of procedure in Parliament, salaries and allowances, citizenship, elections, etc.
2. Amendment by Special Majority of the Parliament:
- Nature: This is the primary method as laid down in Article 368. It requires the special majority as defined above.
- Provisions Covered: The vast majority of the provisions of the Constitution are amended this way. For example, Fundamental Rights, Directive Principles of State Policy.
3. Amendment by Special Majority of the Parliament and Ratification by Half of the State Legislatures:
- Nature: This is the most rigid method, also part of Article 368. It is required for amending the federal features of the Constitution.
- Provisions Covered:
  - Election of the President and its manner.
  - Extent of the executive power of the Union and the states.
  - Supreme Court and High Courts.
  - Distribution of legislative powers between the Union and the states (Seventh Schedule).
  - Representation of states in Parliament.
  - Article 368 itself.

The Doctrine of Basic Structure (The Ultimate Limitation):

This is the most critical part of the topic, dealing with the scope of Parliament’s amending power.

The Central Question: Can Parliament, under Article 368, amend any part of the Constitution, including the Fundamental Rights? Can it abrogate the Constitution and create a new one?
Evolution through Landmark Cases:
- Shankari Prasad Case (1951): The Supreme Court held that Parliament’s power to amend under Article 368 includes the power to amend Fundamental Rights.
- Golaknath Case (1967): The Supreme Court reversed its earlier stance. It held that Fundamental Rights are “transcendental and immutable” and Parliament cannot abridge or take away any of these rights.
- Parliament’s Reaction: Enacted the 24th Amendment Act (1971) to restore its power, declaring that it has the power to abridge any Fundamental Right.
- Kesavananda Bharati Case (1973) – The Landmark Judgement:
  - The Supreme Court upheld the validity of the 24th Amendment Act and stated that Parliament is empowered to abridge or take away any of the Fundamental Rights.
  - BUT, it laid down a new doctrine: the “Basic Structure” of the Constitution.
  - It ruled that Parliament’s constituent power under Article 368 does not enable it to alter the “basic structure” of the Constitution.
Significance of the Doctrine:
- It has preserved the core values and the fundamental philosophy of the Constitution.
- It establishes a balance between the rigidity and flexibility of the Constitution.
- It strengthens the principle of constitutional supremacy and judicial review.

Significant Amendments:

Knowledge of a few major amendments is important to cite as examples.

1st Amendment (1951): Added the Ninth Schedule to protect land reform laws.
7th Amendment (1956): Implemented the recommendations of the States Reorganisation Commission.
42nd Amendment (1976): The most controversial and comprehensive “mini-constitution.” Added “Socialist,” “Secular,” and “Integrity” to Preamble; added Fundamental Duties; gave supremacy to DPSPs over some FRs.
44th Amendment (1978): Enacted by the Janata Government to undo many of the distortions of the 42nd Amendment. Made the Right to Property a legal right (Art 300A) instead of a Fundamental Right.
52nd Amendment (1985): Introduced the Anti-Defection Law (Tenth Schedule).
61st Amendment (1989): Reduced the voting age from 21 to 18 years.
73rd and 74th Amendments (1992): Granted constitutional status to Panchayats and Municipalities.
86th Amendment (2002): Made elementary education a Fundamental Right (Article 21A).
97th Amendment (2011): Gave constitutional status to cooperative societies.
101st Amendment (2016): Introduced the Goods and Services Tax (GST).
103rd Amendment (2019): Provided for 10% reservation for Economically Weaker Sections (EWS).

Criticisms of the Amendment Procedure:

There is no provision for a special body for amending the Constitution, like a Constitutional Convention (as in the USA). The constituent power is vested in the Parliament.
The states have a very limited role. They cannot initiate an amendment. Their ratification is required only in a few specific cases.
The procedure for ratification by states is not clear on the time frame.
There is no provision for a joint sitting of Parliament to resolve a deadlock.

Citizenship

This can be broken down into:

Defining Citizenship: Meaning and significance.
Constitutional Provisions: Articles 5 to 11.
The Citizenship Act, 1955: The primary law governing citizenship.
Modes of Acquisition and Loss of Indian Citizenship.
Key Concepts: Single Citizenship, Overseas Citizenship of India (OCI).
Contemporary Issues and Debates (The Most Important Part):
- The Citizenship (Amendment) Act (CAA), 2019.
- The National Register of Citizens (NRC).
- The National Population Register (NPR).

Defining Citizenship:

Definition:
- Citizenship is the legal status of a person as a recognized member of a sovereign state. It denotes the relationship between an individual and the state.
Significance:
- It is not just a legal status; it is the “right to have rights.” Full civil and political rights are generally granted only to citizens.
- Rights of Citizens in India (not available to aliens/foreigners):
  - Right against discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
  - Right to equality of opportunity in public employment (Article 16).
  - Right to freedom of speech, assembly, association, movement, residence, and profession (Article 19).
  - Cultural and educational rights (Articles 29 and 30).
  - Right to vote in elections.
  - Eligibility to hold certain public offices (e.g., President, Vice-President, Judge of SC/HC, Governor, Attorney General, MP, MLA).
C. Citizen vs. National: A “national” is a person who owes allegiance to the state and is entitled to its protection. All citizens are nationals, but not all nationals are necessarily citizens (e.g., in the US context, people from protectorates). In India, the terms are largely used interchangeably.

Constitutional Provisions (Part II, Articles 5-11):

Nature: The Constitution does not contain elaborate and permanent provisions on citizenship.
It only identifies the persons who became citizens of India at its commencement (i.e., on January 26, 1950).
Article 5: Citizenship by domicile.
Article 6: Rights of citizenship of certain persons who have migrated to India from Pakistan.
Article 7: Rights of citizenship of certain migrants to Pakistan.
Article 8: Rights of citizenship of certain persons of Indian origin residing outside India.
Article 9: A person who voluntarily acquires the citizenship of a foreign state is no longer an Indian citizen. (Basis for single citizenship).
Article 10: Continuance of the rights of citizenship.
Article 11 (The Most Important Article): It empowers the Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to it.

The Citizenship Act, 1955:

Role: This is the key legislation enacted by Parliament under the power granted by Article 11. It provides for the acquisition and loss of citizenship after the commencement of the Constitution.
Amendments: The Act has been amended multiple times (e.g., in 1986, 1992, 2003, 2005, and most recently and controversially in 2019).

Modes of Acquisition and Loss of Indian Citizenship:

(As per the Citizenship Act, 1955 and its amendments)

Acquisition of Citizenship:
- 1. By Birth (Jus Soli – Right of the Soil):
  - Before 1987: Anyone born in India was a citizen.
  - 1987-2004: Born in India, and at least one parent was an Indian citizen at the time of birth.
  - After 2004: Born in India, and both parents are citizens of India, OR one parent is a citizen and the other is not an illegal immigrant. (This shift was made to curb illegal immigration).
- 2. By Descent (Jus Sanguinis – Right of Blood):
  - Deals with persons born outside India. The rules have been progressively made more gender-neutral and stricter over time. The current rule generally requires that at least one parent is an Indian citizen and the birth is registered at an Indian consulate.
- 3. By Registration:
  - For certain categories of people (like Persons of Indian Origin) who can apply for citizenship after residing in India for a specified period (usually 7 years).
- 4. By Naturalisation:
  - For a foreigner who can acquire citizenship after residing in India for a specified period (usually 12 years in total, with 1 year of continuous residence before applying), satisfies other conditions (good character, knowledge of a Schedule VIII language), and takes an oath of allegiance. The government can waive conditions for persons who have rendered distinguished service.
- 5. By Incorporation of Territory:
  - If a foreign territory becomes a part of India, the Government of India specifies the persons who shall be citizens of India. (e.g., Pondicherry).
Loss of Citizenship:
- 1. By Renunciation: A citizen voluntarily gives up their citizenship.
- 2. By Termination: When an Indian citizen voluntarily acquires the citizenship of another country, their Indian citizenship automatically terminates.
- 3. By Deprivation: Compulsory termination by the Central Government, but only for citizenship acquired by registration or naturalisation, on grounds like fraud, disloyalty to the Constitution, or trading with an enemy during a war.

Key Concepts:

Single Citizenship:
- The Indian Constitution provides for only a single, all-India citizenship. There is no separate state citizenship (unlike in the USA).
- Rationale: To promote a sense of unity, fraternity, and a common national identity, and to ensure uniform rights for all citizens across the country.
Overseas Citizenship of India (OCI):
- What it is: A scheme to grant a long-term visa-like status to Persons of Indian Origin (PIOs) of certain countries.
- What it is NOT: It is not dual citizenship. An OCI cardholder is not an Indian citizen. They do not have the right to vote, hold constitutional office, or acquire agricultural land.
- Benefits: Lifelong visa to India, exemption from police reporting, parity with NRIs in economic and financial fields (except for acquisition of agricultural properties).

Contemporary Issues and Debates (The Most Important Part for Mains):

The Citizenship (Amendment) Act (CAA), 2019:
- What it does: Amends the Citizenship Act, 1955, to grant eligibility for Indian citizenship to illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis, or Christians from Pakistan, Bangladesh, and Afghanistan, and who entered India on or before December 31, 2014. It also reduces the residency requirement for naturalisation for these specific groups from 11 years to 5 years.
- Government’s Rationale: To provide refuge to religiously persecuted minorities from these neighboring Islamic-majority countries.
- Criticisms and Controversies:
  - Violation of Article 14 (Right to Equality): Critics argue that it is discriminatory because it makes religion a criterion for citizenship and excludes one major community (Muslims).
  - Violation of Secularism: Seen as a violation of the secular principles of the Constitution.
  - Exclusion of Other Neighbors/Groups: It does not include persecuted minorities from other neighboring countries like Sri Lanka (Tamils) or Myanmar (Rohingyas).
The National Register of Citizens (NRC):
- What it is: A register of all genuine Indian citizens. The purpose is to identify and deport illegal immigrants.
- Assam NRC: So far, it has been implemented only in Assam, as mandated by the Supreme Court to fulfill the Assam Accord of 1985. The process was complex and controversial, leaving many people stateless.
- Proposed Nationwide NRC: The government has spoken of implementing it nationwide, which has raised widespread concerns about documentation, the burden of proof on poor and illiterate citizens, and the potential for creating a massive statelessness crisis.
The National Population Register (NPR):
- What it is: A register of all “usual residents” of the country (a usual resident is a person who has resided in a local area for the past 6 months or more or a person who intends to reside in that area for the next 6 months or more).
- Controversy: The NPR is seen by many as the first step towards the creation of a nationwide NRC. The inclusion of new data points like the “date and place of birth of parents” in the 2020 NPR exercise fueled these concerns.

Fundamental Rights (Part III, Articles 12-35)

This can be broken down into a comprehensive, multi-layered framework.

Framework:

The Philosophy and Significance of Fundamental Rights.
Key Features of Fundamental Rights.
Definition of ‘State’ (Article 12) and ‘Law’ (Article 13).
The Six Categories of Fundamental Rights (The Core Content).
Rights outside Part III.
The Relationship between Fundamental Rights, DPSPs, and Fundamental Duties.
Amendability of Fundamental Rights and the Basic Structure Doctrine.
Critical Evaluation of Fundamental Rights.

The Philosophy and Significance:

What are they?
- Fundamental Rights are a charter of rights contained in Part III of the Constitution that are essential for the all-round development (material, intellectual, moral, and spiritual) of individuals.
Significance:
- They are “Fundamental” because they are guaranteed and protected by the Constitution, which is the fundamental law of the land.
- They promote the ideal of political democracy.
- They operate as negative obligations on the State, preventing the establishment of an authoritarian or despotic rule. They are a bulwark against the tyranny of the executive and arbitrary laws of the legislature.
- They are justiciable, meaning they are enforceable by the courts for their violation.

Key Features of Fundamental Rights:

Some are available only to citizens, while others are available to all persons (citizens, foreigners, or legal persons like corporations).
They are not absolute but qualified. The state can impose reasonable restrictions on them.
Most are available against the arbitrary action of the State, while some are available against the action of private individuals as well (e.g., Article 17 – Untouchability).
They can be suspended during a National Emergency, except for the rights guaranteed by Articles 20 and 21.

Definition of ‘State’ (Article 12) and ‘Law’ (Article 13):

A. Article 12: Definition of “The State”:
- Why is it important? Because most FRs are enforceable against the “State.”
- Definition: Includes the Government and Parliament of India, the government and the legislature of each of the states, all local authorities (municipalities, panchayats), and all other authorities within the territory of India or under the control of the Government of India.
- The Supreme Court has interpreted “other authorities” broadly to include bodies like PSUs (LIC, ONGC) and even private bodies that are acting as an instrument of the State.
B. Article 13: Laws inconsistent with FRs:
- Significance: This article is the foundation of the doctrine of Judicial Review.
- Key Provision: It declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void.
- It covers not just post-constitution laws but also pre-constitution laws (“doctrine of eclipse”). It also defines “law” broadly to include ordinances, orders, by-laws, and even customs having the force of law.

The Six Categories of Fundamental Rights (The Core Content):

1. Right to Equality (Articles 14–18):
- Art. 14: Equality before law and equal protection of the laws. (Rule of Law).
- Art. 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth. Also allows for affirmative action (special provisions) for women, children, and socially/educationally backward classes (SEBCs).
- Art. 16: Equality of opportunity in matters of public employment. Also allows for reservation for backward classes.
- Art. 17: Abolition of Untouchability and prohibition of its practice.
- Art. 18: Abolition of titles (except military and academic).
2. Right to Freedom (Articles 19–22):
- Art. 19: Guarantees to all citizens the six rights:
  - (a) Freedom of speech and expression.
  - (b) Freedom to assemble peaceably and without arms.
  - (c) Freedom to form associations or unions or co-operative societies.
  - (d) Freedom to move freely throughout the territory of India.
  - (e) Freedom to reside and settle in any part of the territory of India.
  - (g) Freedom to practice any profession, or to carry on any occupation, trade or business.
  - These rights are subject to “reasonable restrictions.”
- Art. 20: Protection in respect of conviction for offences (no ex-post-facto law, no double jeopardy, no self-incrimination).
- Art. 21: Protection of Life and Personal Liberty. “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
  - Evolution: The Supreme Court in the Maneka Gandhi case (1978) interpreted this broadly, stating the procedure must be “right, just and fair,” not arbitrary, effectively introducing the American concept of “due process of law.” It is now the most expansive FR, including the right to a dignified life, privacy, health, clean environment, speedy trial, etc.
- Art. 21A: Right to elementary education.
- Art. 22: Protection against arrest and detention.
3. Right against Exploitation (Articles 23–24):
- Art. 23: Prohibition of traffic in human beings and forced labour (begar).
- Art. 24: Prohibition of employment of children in factories, etc. (below 14 years).
4. Right to Freedom of Religion (Articles 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 payment of taxes for promotion of any particular religion.
- Art. 28: Freedom from attending religious instruction in certain educational institutions.
5. Cultural and Educational Rights (Articles 29–30):
- Art. 29: Protection of interests of minorities (right to conserve their distinct language, script, or culture).
- Art. 30: Right of minorities (religious or linguistic) to establish and administer educational institutions of their choice.
6. Right to Constitutional Remedies (Article 32):
- “The very heart and soul of the Constitution” (Dr. Ambedkar).
- Guarantees the right to move the Supreme Court for the enforcement of Fundamental Rights.
- The SC has the power to issue directions or orders or writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto) for this purpose.

(Note: The original Right to Property (Art 31) was removed from Part III by the 44th Amendment Act, 1978, and made a legal right under Article 300-A in Part XII).

Rights outside Part III:

These are other constitutional or legal rights, but not “Fundamental Rights.” They are not enforceable through Article 32.

Article 265: No tax shall be levied or collected except by authority of law.
Article 300-A: No person shall be deprived of his property save by authority of law.
Article 326: Right to vote.

The Relationship between FRs, DPSPs, and FDs:

FRs vs. DPSPs: This is a classic constitutional debate.
- Initial View: FRs are superior as they are justiciable.
- Current View (established in Minerva Mills case, 1980): The Indian Constitution is founded on the “bedrock of the balance between the Fundamental Rights and the Directive Principles.” They are complementary and supplementary to each other. Together, they form the conscience of the Constitution.
FRs and FDs: Rights and duties are correlative. The Fundamental Duties serve as a reminder to citizens that while enjoying their rights, they also have duties towards the nation.

Amendability of FRs and the Basic Structure Doctrine:

This is a crucial topic (decoded separately under “Amendment”).
Key Idea: Parliament can amend the Fundamental Rights, but it cannot amend them in a way that damages or destroys the “basic structure” of the Constitution.
Key Case: Kesavananda Bharati v. State of Kerala (1973).

Critical Evaluation:

Criticisms:
- Excessive limitations (reasonable restrictions).
- No rights outside the political/civil sphere are made fundamental (e.g., right to work, social security). These are in DPSPs.
- Complex and legalistic language, making them difficult for the common person to understand.
- Suspension during Emergency.
Significance (Counter-arguments): Despite the criticisms, the Fundamental Rights have been a powerful tool for protecting democracy, upholding human dignity, and empowering citizens against state excesses. The judiciary, through its expansive interpretation (especially of Article 21), has made them a vibrant charter of liberties.

Directive Principles of State Policy (Part IV, Articles 36-51)

This can be broken down into:

The Concept and Philosophy of DPSPs.
Key Features of DPSPs.
Classification of the Principles.
New DPSPs added by amendments.
The Conflict and Balance between Fundamental Rights and DPSPs.
Implementation of DPSPs through laws and policies.
Criticism and Significance of DPSPs.

The Concept and Philosophy:

What are they?
- The Directive Principles of State Policy are the ideals and directives enumerated in Part IV of the Constitution that the State (Union, State, and Local Governments) should keep in mind while formulating policies and enacting laws.
- They are the “instrument of instructions” for the governance of the country.
Philosophy:
- They aim to establish social and economic democracy in the country.
- The goal is to realize the high ideals of Justice, Liberty, Equality, and Fraternity as outlined in the Preamble.
- They embody the concept of a “welfare state,” which was absent during the colonial era.
Source:
- The concept was borrowed from the Irish Constitution of 1937, which had copied it from the Spanish Constitution. The Government of India Act, 1935, also had a similar set of “Instruments of Instructions.”

Key Features of DPSPs:

1. “Fundamental in the Governance of the Country” (Article 37):
- Article 37 declares two things:
  - They are not enforceable by any court (i.e., non-justiciable).
  - Nevertheless, the principles laid down are fundamental in the governance of the country, and it shall be the duty of the State to apply these principles in making laws.
2. Positive Obligations:
- Unlike Fundamental Rights, which are mostly “negative” (prohibiting the state from doing certain things), DPSPs are mostly “positive” obligations on the state to do certain things.
3. Comprehensive Scope:
- They lay down a comprehensive socio-economic and political programme for a modern democratic state.

Classification of the Principles:

While the Constitution does not classify them, on the basis of their content and direction, they can be conveniently grouped into three categories:

A. Socialistic Principles:
- These principles reflect the ideology of socialism and aim to provide social and economic justice.
- Key Articles:
  - Art. 38: To promote the welfare of the people by securing a social order permeated by justice—social, economic, and political—and to minimize inequalities.
  - Art. 39: To secure:
    - (a) Right to an adequate means of livelihood for all citizens.
    - (b) Equitable distribution of material resources of the community for the common good.
    - (c) Prevention of concentration of wealth.
    - (d) Equal pay for equal work for men and women.
    - (e) Protection of the health and strength of workers and children.
  - Art. 39A: To promote equal justice and to provide free legal aid to the poor.
  - Art. 41: To secure the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement.
  - Art. 42: To make provision for just and humane conditions of work and maternity relief.
  - Art. 43: To secure a living wage, a decent standard of life, etc., for workers.
B. Gandhian Principles:
- These principles are based on Gandhian ideology and represent the programme of reconstruction envisioned by Gandhi.
- Key Articles:
  - Art. 40: To organize village panchayats and endow them with powers of self-government.
  - Art. 43: To promote cottage industries.
  - Art. 43B: To promote co-operative societies.
  - Art. 46: To promote the educational and economic interests of SCs, STs, and other weaker sections.
  - Art. 47: To prohibit the consumption of intoxicating drinks and drugs which are injurious to health.
  - Art. 48: To prohibit the slaughter of cows, calves, and other milch and draught cattle.
C. Liberal-Intellectual Principles:
- These principles represent the ideology of liberalism.
- Key Articles:
  - Art. 44: To secure for all citizens a Uniform Civil Code (UCC) throughout the territory of India.
  - Art. 45: To provide early childhood care and education for all children until they complete the age of six years.
  - Art. 48: To organize agriculture and animal husbandry on modern and scientific lines.
  - Art. 48A: To protect and improve the environment and to safeguard forests and wildlife.
  - Art. 49: To protect monuments and places and objects of national importance.
  - Art. 50: To separate the judiciary from the executive in the public services of the State.
  - Art. 51: To promote international peace and security.

New DPSPs added by Amendments:

42nd Amendment Act, 1976: Added four new DPSPs.
- Art. 39(f): To secure opportunities for the healthy development of children.
- Art. 39A: To promote equal justice and to provide free legal aid.
- Art. 43A: To secure the participation of workers in the management of industries.
- Art. 48A: To protect and improve the environment.
44th Amendment Act, 1978:
- Added Art. 38(2): To minimize inequalities in income, status, facilities, and opportunities.
86th Amendment Act, 2002:
- Changed the subject-matter of Art. 45 and made elementary education a fundamental right under Art. 21A. The amended directive requires the State to provide early childhood care and education for all children until they complete the age of six years.
97th Amendment Act, 2011:
- Added Art. 43B: To promote co-operative societies.

Conflict and Balance between Fundamental Rights (FRs) and DPSPs:

This is a central and evolving debate in Indian constitutional law.

The Tussle: FRs are justiciable, while DPSPs are non-justiciable. What happens when a law made to implement a DPSP violates an FR?
Evolution through Supreme Court Cases:
- State of Madras vs. Champakam Dorairajan (1951): SC ruled that in case of any conflict, FRs would prevail over DPSPs.
- Golaknath Case (1967): SC held that FRs could not be amended by Parliament even for the implementation of DPSPs.
- Parliament’s Response (24th & 25th Amendments): Parliament enacted amendments to give supremacy to DPSPs.
- Kesavananda Bharati Case (1973): SC upheld the supremacy of FRs but introduced the “Basic Structure” doctrine.
- 42nd Amendment (1976): Gave supremacy to all DPSPs over FRs under Articles 14, 19, and 31.
- Minerva Mills Case (1980) – The Current Position:
  - The Supreme Court struck down the provision of the 42nd Amendment that gave absolute supremacy to all DPSPs.
  - It ruled that the Indian Constitution is founded on the “bedrock of the balance between the Fundamental Rights and the Directive Principles.”
  - They are “two wheels of a chariot” and are complementary and supplementary to each other. One cannot be sacrificed for the other. This harmonious construction is part of the “basic structure.”

Implementation of DPSPs:

Despite being non-justiciable, many DPSPs have been implemented through laws and policies over the years.

Art. 40 (Panchayats): 73rd and 74th Amendment Acts.
Art. 39(d) (Equal Pay): The Equal Remuneration Act, 1976.
Art. 42 (Maternity Relief): The Maternity Benefit Act.
Art. 39A (Free Legal Aid): The Legal Services Authorities Act, 1987.
Art. 48A (Environment): The Wildlife (Protection) Act, 1972; The Forest (Conservation) Act, 1980.
Art. 45 (Education): The Right to Education Act, 2009.
Art. 46 (Weaker Sections): Various reservation policies and welfare schemes.

Criticism and Significance of DPSPs:

Criticisms:
- Non-Justiciable: Critics have called them “pious superfluities” or “new year’s resolutions” because they lack legal teeth.
- Illogically Arranged: Not arranged in a logical or philosophical sequence.
- Conservative: Some principles are seen as outdated in the 21st century.
- Can lead to Conflict: Between the Centre and States, or between the executive, legislature, and judiciary.
Significance (Utility):
- A Guiding Star for the State: They provide a roadmap for the government and set the long-term goals of the nation.
- A Yardstick for Performance: The public can judge the performance of the ruling party based on how well it has implemented the DPSPs.
- Aids Judicial Interpretation: The judiciary considers DPSPs while determining the constitutional validity of a law.
- Amplify the Preamble: They give substance to the ideals of Justice, Liberty, Equality, and Fraternity.
- Provide for Stability and Continuity in policy, irrespective of the party in power.

Fundamental Duties (Part IV-A, Article 51-A)

This can be broken down into:

Origin and Context: Why and how they were added.
The List of Fundamental Duties.
Key Features of Fundamental Duties.
Significance and Importance of FDs.
Relationship with Fundamental Rights and DPSPs.
Criticisms of the Fundamental Duties.
Enforcement and the Verma Committee.
The Way Forward: How to make them more effective.

Origin and Context:

Not in the Original Constitution: The framers of the Constitution did not feel the need to include the duties of citizens explicitly, as they believed that in a free India, citizens would perform their duties willingly.
Introduction by the 42nd Constitutional Amendment Act, 1976:
- Context: Added during the internal Emergency (1975-77). The government felt that the emphasis on rights was leading to a neglect of duties.
- Recommendation: Based on the recommendations of the Swaran Singh Committee. The committee had recommended a separate chapter on FDs.
Inspiration: Inspired by the Constitution of the former USSR, which was one of the few democratic constitutions to have a chapter on the duties of its citizens.
86th Constitutional Amendment Act, 2002:
- This amendment added the 11th Fundamental Duty (related to education for children).

The List of Fundamental Duties (Article 51-A):

Article 51-A states that it shall be the duty of every citizen of India:

(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals that inspired the national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;
(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years. (Added by the 86th Amendment, 2002).

Key Features of Fundamental Duties:

1. Applicable only to Citizens: Unlike some Fundamental Rights, FDs are confined to the citizens of India and do not extend to foreigners.
2. Non-Justiciable: Like the DPSPs, the Fundamental Duties are not enforceable by the courts. This means that the judiciary cannot issue a writ for their violation. There is no direct legal sanction against their violation.
3. A Mix of Duties: The list contains a mix of:
- Civic Duties: (e.g., respecting the Constitution, National Flag).
- Moral Duties: (e.g., cherishing noble ideals of the freedom struggle).
4. Rooted in Indian Traditions: Many duties are based on Indian mythology, religions, and traditions (e.g., promoting brotherhood, preserving composite culture).

Significance and Importance of Fundamental Duties:

Even though they are non-justiciable, they are highly significant.

A Constant Reminder: They serve as a constant reminder to citizens that while enjoying their rights, they also have certain duties which they owe to their country, their society, and to their fellow citizens.
A Source of Inspiration: They act as a source of inspiration for the citizens and promote a sense of discipline and commitment among them.
A Warning against Anti-Social Activities: They serve as a warning against anti-national and anti-social activities like burning the national flag or destroying public property.
An Aid to the Courts in Interpretation: The Supreme Court has held that in determining the constitutional validity of any law, if a court finds that the law in question seeks to give effect to a Fundamental Duty, it may consider such law to be “reasonable” in relation to Article 14 (equality) or Article 19 (freedoms). Thus, they can help the courts in interpreting the Fundamental Rights.
Enforceable by Law: Parliament can provide for the imposition of appropriate penalties or punishments for failure to fulfill any of them through suitable legislation.

Relationship with Fundamental Rights and DPSPs:

The Triad: FDs, FRs, and DPSPs are often seen as a triad.
- FRs: The rights of the people.
- DPSPs: The duties of the State.
- FDs: The duties of the people.
Rights and Duties are Correlative:
- The Supreme Court has observed that rights and duties are inseparable. The FDs are intended to bring about a balance between the rights of the individual and the interests of society. The enjoyment of rights is conditional upon the performance of duties.

Criticisms of the Fundamental Duties:

Not an Exhaustive List: The list is not exhaustive. It does not cover other important duties like casting a vote, paying taxes, or family planning. (The Swaran Singh Committee had recommended including the duty to pay taxes).
Vague and Ambiguous: Some of the duties are vague, ambiguous, and difficult for the common person to understand (e.g., what constitutes “noble ideals” or a “scientific temper”?).
Non-Justiciable Nature: Critics have described them as a “code of moral precepts” and “pious superfluities” because of their non-justiciable character.
Superfluous: Some argue that the duties included are already fundamental parts of the Indian way of life and did not need to be explicitly stated.
Inclusion in Part IV-A: Their inclusion as a separate part, rather than immediately after Part III (FRs), is seen by some as reducing their value and significance.

Enforcement and the Verma Committee:

The Verma Committee (1999):
- The Justice J.S. Verma Committee was appointed to identify the existence of legal provisions for the implementation of some of the Fundamental Duties.
- Findings: The committee found that there were already a number of existing laws that indirectly or directly provided for the enforcement of many FDs.
- Examples of such laws:
  - The Prevention of Insults to National Honour Act, 1971.
  - Various criminal laws that punish for promoting enmity between groups.
  - The Protection of Civil Rights Act, 1955 (related to the duty to renounce practices derogatory to women).
  - The Wildlife (Protection) Act, 1972, and the Forest (Conservation) Act, 1980 (related to protecting the environment).
The Ranganath Misra Judgement (2003): The Supreme Court directed the Central Government to implement the recommendations of the Verma Committee.

The Way Forward: How to make them more effective:

Awareness and Education: This is the most important step. A nationwide campaign is needed to spread awareness about the FDs and their importance. They should be a core part of the school curriculum.
Leading by Example: Political and public leaders must lead by example in the performance of their duties.
Use of Media: The media should be used to create a positive and engaging narrative around the performance of FDs.
Debates on Justiciability: There is an ongoing debate on whether some of the duties, like the one on providing education, should be made legally enforceable to some extent.
Linking to Other Initiatives: Linking the performance of FDs to initiatives like Swachh Bharat Abhiyan (safeguarding public property, protecting the environment) can make them more practical and relatable.

Union Executive (Part V, Chapter I, Articles 52-78)

This can be broken down into the individual components of the executive and their inter-relationships.

Framework:

Composition of the Union Executive.
The President: The Nominal Executive.
The Vice-President.
The Prime Minister: The Real Executive.
The Council of Ministers (CoM): The Collective Executive.
The Cabinet: The Nucleus of Power.
The Attorney-General for India: The Chief Legal Advisor.
The Relationship between the Components (President-PM, PM-CoM).

Composition of the Union Executive:

As per the Constitution, the Union Executive consists of:
- The President (Article 52)
- The Vice-President (Article 63)
- The Prime Minister and the Council of Ministers (Article 74 & 75)
- The Attorney-General for India (Article 76)
Key Distinction: India has a parliamentary form of executive, which means there are two heads:
- Nominal Executive: The President (Head of State).
- Real Executive: The Prime Minister, heading the Council of Ministers (Head of Government).

The President (Articles 52-62, 72, 123):

Structure and Election:
- Head of the Indian State.
- Election (Art 54 & 55): Elected indirectly by an electoral college consisting of:
  1. Elected members of both Houses of Parliament.
  2. Elected members of the legislative assemblies of the states.
  3. Elected members of the legislative assemblies of the UTs of Delhi and Puducherry.
- The election is held in accordance with the system of proportional representation by means of the single transferable vote.
- Impeachment (Art 61): A quasi-judicial procedure in Parliament for the violation of the Constitution.

Powers and Functions: These are extensive but are exercised (with few exceptions) on the advice of the Council of Ministers. They can be categorized as:
- Executive Powers: All executive actions are taken in his name. Appoints the PM, CoM, Attorney-General, CAG, UPSC Chairman, Election Commissioners, Governors, Finance Commission Chairman, etc.
- Legislative Powers: Summons and prorogues Parliament, dissolves the Lok Sabha, addresses Parliament, promulgates ordinances when Parliament is not in session (Art 123), gives assent to bills.
- Financial Powers: Money bills can be introduced only with his prior recommendation. Causes the Union Budget to be laid before Parliament.
- Judicial Powers: Appoints judges of the SC and HCs. Has the power to grant pardon, reprieve, respite, remission of punishment, or to suspend, remit or commute the sentence (Art 72).
- Diplomatic and Military Powers.
- Emergency Powers: (National, State, Financial).
Key Issue: The position and discretionary powers of the President. While largely a nominal head, he has certain situational discretions.

Position and Discretionary Powers (The Core Analytical Issue):
- Constitutional Position (Article 74): “There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.” The 42nd and 44th Amendments made this advice binding (though the President can ask the CoM to reconsider the advice once).
- Situational Discretion (No Constitutional Discretion): The President can use his/her own discretion in certain political situations where there is no clear advice from the CoM:
  1. Appointment of PM when no party has a clear majority in the Lok Sabha.
  2. Dismissal of the CoM when it cannot prove the confidence of the Lok Sabha.
  3. Dissolution of the Lok Sabha if the CoM has lost its majority.
- Veto Power (Article 111): The President has Absolute Veto, Suspensive Veto, and Pocket Veto. The use of Suspensive Veto (returning a bill for reconsideration) and Pocket Veto (taking no action on a bill) involves discretion.

The Vice-President (Articles 63-71):

Election: Elected indirectly by an electoral college consisting of all members (elected and nominated) of both Houses of Parliament. (Note the difference from the President’s electoral college).
Functions:
- Primary Role: To act as the ex-officio Chairman of the Rajya Sabha. In this capacity, his powers and functions are similar to those of the Speaker of the Lok Sabha.
- Secondary Role: To act as the President when a vacancy occurs due to resignation, removal, death, or otherwise.

The Prime Minister:

Appointment (Article 75):
- The Constitution only says that the PM shall be appointed by the President.
- By convention, the President appoints the leader of the majority party (or coalition) in the Lok Sabha as the PM.
Powers and Functions (The Real Source of Power):
- In relation to the Council of Ministers:
  - Recommends persons who can be appointed as ministers.
  - Allocates and reshuffles portfolios among ministers.
  - Can ask a minister to resign or advise the President to dismiss him.
  - Presides over the meetings of the CoM.
  - His resignation or death automatically dissolves the CoM.
- In relation to the President:
  - He is the principal channel of communication between the President and the CoM (Article 78).
  - Advises the President with regard to the appointment of important officials.
- In relation to Parliament:
  - He is the leader of the Lower House (usually).
  - Advises the President with regard to summoning and proroguing the sessions of Parliament.
  - Can recommend dissolution of the Lok Sabha.
- Other Powers: Chairman of NITI Aayog, National Development Council, National Integration Council, Inter-State Council, National Water Resources Council. He is the chief architect of foreign policy.

The Council of Ministers (CoM):

Constitutional Provisions (Article 74 & 75):
- Art 74: CoM headed by PM to aid and advise the President.
- Art 75:
  - PM appointed by President, other ministers appointed by President on PM’s advice.
  - Total number of ministers, including the PM, shall not exceed 15% of the total strength of the Lok Sabha (added by 91st Amendment, 2003).
  - Collective Responsibility: The CoM shall be collectively responsible to the House of the People (Lok Sabha).
  - A minister who is not a member of Parliament for six consecutive months shall cease to be a minister.
Principle of Collective Responsibility:
- This is the bedrock of the parliamentary system.
- Meaning:

All ministers are jointly responsible to the Lok Sabha for all their acts of omission and commission. They work as a team.
A decision of the Cabinet binds all ministers. If a minister disagrees with a Cabinet decision, he must resign or defend it.
If the Lok Sabha passes a No-Confidence Motionagainst the CoM, all ministers (including those from the Rajya Sabha) have to resign.

The Cabinet:

Definition:
- It is a smaller body within the Council of Ministers. It consists of only the cabinet-rank ministers.
- It is the “inner core” of the CoM and the nucleus of administration. The word “Cabinet” was inserted into Article 352 of the Constitution by the 44th Amendment Act, 1978.
Role and Functions:
- It is the chief policy-formulating body of the Central Government.
- It is the supreme executive authority of the Central Government.
- It is the chief coordinator of Central administration.
- Cabinet Committees: The Cabinet works through a number of committees (e.g., Cabinet Committee on Political Affairs, Cabinet Committee on Economic Affairs) to manage the huge volume of business.

The Attorney-General for India (Article 76):

Role: The highest law officer of the country. He is part of the Union Executive but is generally not considered a political executive.
Appointment: Appointed by the President.
Functions: To give legal advice to the Government of India; to appear on behalf of the GoI in the Supreme Court and High Courts.
Rights: Has the right of audience in all courts in India. He can also take part in the proceedings of Parliament but without a right to vote.

The Relationship Between the Components:

President and PM/CoM: The relationship is governed by Article 74. The President is the constitutional head who must act on the aid and advice of the real executive, the CoM. The PM has a duty (under Article 78) to keep the President informed about the affairs of the Union.
PM and CoM: The PM is the “primus inter pares” (first among equals) and the “keystone of the cabinet arch.” He is the sun around which the ministers revolve as planets. The CoM cannot exist without the PM.

The Union Legislature (Parliament – Part V, Chapter II, Articles 79-122)

This can be broken down into a comprehensive framework.

Framework:

Structure and Composition of Parliament.
The Two Houses: Lok Sabha and Rajya Sabha (Comparative analysis).
Membership of Parliament: Qualifications, Disqualifications, and Vacation of Seats.
Presiding Officers of Parliament.
Functioning and Conduct of Business (Sessions, Devices).
Powers and Functions of Parliament (Legislative, Executive, Financial, etc.).
Parliamentary Privileges.
Key Issues and Challenges in the functioning of Parliament.

Structure and Composition of Parliament (Article 79):

Parliament consists of three parts:
1. The President: He is an integral part of Parliament, though not a member of either House. His assent is required for a bill to become an act.
2. The Council of States (Rajya Sabha): The Upper House.
3. The House of the People (Lok Sabha): The Lower House.
Rationale for Bicameralism:

- To give representation to the states of the Indian federation (Rajya Sabha).
- To act as a revising body, preventing hasty legislation passed by the Lok Sabha.
- To allow for the inclusion of eminent persons and experts who may not be able to win direct elections (through nomination).

The Two Houses: Lok Sabha vs. Rajya Sabha:

This comparative analysis is very important.

Feature	Lok Sabha (House of the People)	Rajya Sabha (Council of States)
Representation	Represents the people of India directly.	Represents the states and union territories.
Composition	Maximum strength 552 (Currently 543 elected).	Maximum strength 250 (238 elected from states/UTs + 12 nominated by the President).
Election	Direct election by the people based on universal adult franchise.	Indirect election by the elected members of state legislative assemblies (Proportional Representation).
Duration of House	5 years. Subject to dissolution.	A permanent body (continuing chamber). Not subject to dissolution.
Duration of Member’s Term	5 years, or until the house is dissolved.	6 years. One-third of the members retire every two years.
Presiding Officer	The Speaker.	The Vice-President of India is the ex-officio Chairman.

Membership of Parliament (MP):

Qualifications (Article 84):
- Citizen of India.
- Age: Not less than 30 years for Rajya Sabha; not less than 25 years for Lok Sabha.
- Other qualifications as prescribed by Parliament (e.g., under the Representation of the People Act, 1951).
Disqualifications (Article 102):
- Holds any office of profit.
- Is of unsound mind.
- Is an undischarged insolvent.
- Is not a citizen of India or has acquired foreign citizenship.
- Is so disqualified under any law made by Parliament (e.g., RPA, 1951).
- On the ground of Defection (Tenth Schedule): This is a key area. An MP can be disqualified for voluntarily giving up party membership or voting against the party’s direction (whip).
Vacation of Seats: An MP’s seat can become vacant due to resignation, death, disqualification, or absence from the House for 60 days without permission.

Presiding Officers of Parliament:

Speaker of Lok Sabha:
- Election: Elected by the Lok Sabha from amongst its members.
- Powers and Functions:
  - Maintains order and decorum in the House.
  - Final interpreter of the provisions of the Constitution and the Rules of Procedure within the House.
  - Adjourns the House or suspends the meeting in absence of a quorum.
  - Casting Vote: Does not vote in the first instance, but exercises a casting vote in case of a tie.
  - Certifies a bill as a Money Bill, and his decision is final.
  - Presides over a joint sitting of the two Houses.
  - Decides on the disqualification of a member on the grounds of defection.
Chairman of Rajya Sabha:
- The Vice-President is the ex-officio Chairman.
- Has powers similar to the Speaker, but does not have the power to certify a Money Bill or preside over a joint sitting.

Functioning and Conduct of Business:

Sessions of Parliament (Article 85):
- The President summons each House. The maximum gap between two sessions cannot be more than six months.
- Usually three sessions: Budget, Monsoon, and Winter.
- Key Terms:
  - Summoning: Calling for a session.
  - Adjournment: Suspending a sitting for a specified time.
  - Adjournment sine die: Terminating a sitting for an indefinite period.
  - Prorogation: Terminating a session of the House (done by the President).
  - Dissolution: Ends the very life of the Lok Sabha (done by the President).
Devices of Parliamentary Proceedings:
- Question Hour: The first hour of every sitting. MPs ask questions to ministers to hold them accountable. (Starred, Unstarred, Short Notice questions).
- Zero Hour: The time immediately following the Question Hour. An Indian innovation where MPs can raise matters without any prior notice.
- Motions: Proposals made by a member for taking a decision. Key motions include:
  - Adjournment Motion: To draw the attention of the House to a definite matter of urgent public importance.
  - No-Confidence Motion: A motion to prove the confidence of the Lok Sabha in the Council of Ministers. If passed, the government must resign.
Legislative Procedure (How a Bill becomes an Act):
- Ordinary Bills: Can be introduced in either House. Must be passed by both Houses. Goes through First Reading, Second Reading (most important stage), and Third Reading in each House.
- Money Bills (Article 110): Can only be introduced in the Lok Sabha with the prior recommendation of the President. Rajya Sabha has very limited powers; it can only discuss and recommend changes (which the LS can accept or reject) and must return the bill within 14 days. The Speaker’s certification is final.
- Constitutional Amendment Bills (Article 368): Must be passed by each House separately with a special majority. No provision for a joint sitting.

Powers and Functions of Parliament:

- 1. Legislative Powers: Primary function is to make laws on subjects enumerated in the Union List and the Concurrent List. Can also legislate on the State List under certain extraordinary circumstances.
- 2. Executive Powers (Control over the Executive): Parliament exercises control over the executive through various measures:
  - Question Hour, Zero Hour.
  - Motions: Adjournment Motion, Censure Motion, No-Confidence Motion (this is the ultimate power, can bring down the government, available only in Lok Sabha).
  - Financial Control: No tax can be levied or expenditure incurred without the approval of Parliament.
- 3. Financial Powers: Enactment of the Budget.
- 4. Constituent Powers: Power to amend the Constitution (Article 368).
- 5. Judicial Powers: Can impeach the President, remove judges of the SC and HCs, the Vice-President, etc.
- 6. Electoral Powers: Participates in the election of the President and the Vice-President.
C. Comparative Powers of Lok Sabha and Rajya Sabha:
- Where Lok Sabha is stronger: Matters related to Money Bills, the Union Budget, and the responsibility of the Council of Ministers (only LS can pass a no-confidence motion).
- Where Rajya Sabha has special powers:
  - Article 249: Can authorize Parliament to make a law on a subject in the State List.
  - Article 312: Can authorize Parliament to create new All-India Services.
- Where they are equal: Passage of ordinary bills, constitutional amendment bills, impeachment of President, etc.

Special Powers of Rajya Sabha:
- Art. 249: To authorize Parliament to legislate on a State List subject.
- Art. 312: To authorize Parliament to create new All-India Services.
- Approving the proclamation of National Emergency when the Lok Sabha is dissolved.

Parliamentary Privileges (Article 105):

Definition: Special rights, immunities, and exemptions enjoyed by the Houses of Parliament, their committees, and their members.
Purpose: To enable them to discharge their functions effectively without any obstruction or fear.
Types:
- Collective Privileges: Right to publish its reports, to exclude strangers, to punish for breach of its privileges.
- Individual Privileges: Freedom of speech in Parliament, freedom from arrest in civil cases during a session.

Key Issues and Challenges in the Functioning of Parliament:

This is a critical area for Mains questions.

Decline in the number of sittings: The duration of sessions and the number of days Parliament meets have been decreasing.
Frequent Disruptions: Disruptions and forced adjournments have become common, reducing the time available for legislative debate and scrutiny.
Bypassing of Parliamentary Committees: An increasing trend of passing important bills without referring them to the relevant Parliamentary Committees for detailed examination.
Decline in the Quality of Debates.
The Issue of the Anti-Defection Law (10th Schedule):
- Problem: While it has curbed individual defections, critics argue that it has made MPs mere delegates of their party leadership, stifling their freedom of speech and forcing them to toe the party line even if it goes against their conscience or the interest of their constituency.
Low Participation of Women.

Parliamentary Committees

This can be broken down into:

Meaning and Need: What are Parliamentary Committees and why are they necessary?
Types of Committees: The broad classification.
Detailed Analysis of Key Committees (Financial Committees are the most important).
Role and Significance of the Committee System.
Issues and Challenges in their functioning.
The Way Forward: How to strengthen the committee system.

Meaning and Need for Parliamentary Committees:

Meaning:
- A Parliamentary Committee is a small group of Members of Parliament (MPs) that is appointed or elected by the House or nominated by the Speaker/Chairman.
- It works under the direction of the Speaker/Chairman and presents its report to the House or to the Speaker/Chairman.
- The secretariat for it is provided by the Lok Sabha / Rajya Sabha Secretariat.
Need for the Committee System (Why they are important):
- 1. Volume and Complexity of Legislation: The Parliament, as a large body, has neither the time nor the technical expertise to scrutinize every legislative and financial proposal in detail.
- 2. Detailed Scrutiny: Committees provide a forum for in-depth, non-partisan, and expert-driven examination of bills, budgets, and government policies, away from the political posturing of the main House.
- 3. Ensuring Executive Accountability: They are a key tool for “oversight,” ensuring that the executive is accountable to the legislature not just on the floor of the House but on a continuous basis.
- 4. Platform for Expertise: They can invite and take evidence from government officials, experts, and stakeholders, bringing technical expertise into the legislative process.
- 5. Consensus Building: Being smaller, cross-party bodies, they provide a platform to build consensus on contentious issues.

Types of Committees:

Parliamentary Committees are of two kinds:

Standing Committees (Permanent):
- Constituted every year or periodically and work on a continuous basis.
- They can be sub-classified into:
  1. Financial Committees.
  2. Departmentally Related Standing Committees (DRSCs).
  3. Committees to Inquire.
  4. Committees to Scrutinise and Control.
  5. Committees Relating to the Day-to-Day Business of the House.
  6. House-Keeping Committees.
Ad hoc Committees (Temporary):
- Appointed for a specific purpose and cease to exist when they finish the task assigned to them and submit a report.
- Two categories:
  1. Inquiry Committees: (e.g., Committee on Bofors Contract).
  2. Advisory Committees: (e.g., a Select Committee or Joint Committee on a specific Bill).
    - Select Committee: Members from one House only.
    - Joint Committee: Members from both Houses.

Detailed Analysis of Key Standing Committees:

A. The Three Financial Committees (Most Important):
- 1. Public Accounts Committee (PAC):
  - Composition: 22 members (15 from Lok Sabha + 7 from Rajya Sabha). A minister cannot be a member. The Chairman is appointed by the Speaker from amongst its members. By convention, the Chairman is from the opposition party.
  - Function: To examine the annual audit reports of the Comptroller and Auditor General of India (CAG). It scrutinizes the appropriation and finance accounts of the Union Government. It is an ex-post facto audit (examines expenditure already incurred).
  - Role: Often described as the “watchdog of the public purse.” It checks whether public money was spent legally and for the purpose it was sanctioned.
- 2. Estimates Committee:
  - Composition: 30 members, all from the Lok Sabha only. A minister cannot be a member.
  - Function: To examine the estimates included in the budget and suggest “economies” in public expenditure. It suggests alternative policies to bring about efficiency and economy in administration.
  - Role: Known as the “continuous economy committee.” Its work is like a post-mortem and its recommendations are advisory.
- 3. Committee on Public Undertakings (CoPU):
  - Composition: 22 members (15 from Lok Sabha + 7 from Rajya Sabha). A minister cannot be a member.
  - Function: To examine the reports and accounts of Public Sector Undertakings (PSUs). It also examines the reports of the CAG on PSUs.
  - Role: To ensure the accountability and efficiency of PSUs.
- Relationship: The PAC and Estimates Committee are often called “twin sisters.” The CAG is the “friend, philosopher, and guide” of the PAC.
Departmentally Related Standing Committees (DRSCs):
- Origin: Set up in 1993, expanded in 2004. There are 24 DRSCs at present.
- Composition: Each committee has 31 members (21 from Lok Sabha + 10 from Rajya Sabha).
- Function (Very Important):

To consider the Demands for Grantsof the concerned ministries/departments before they are discussed and voted in the Lok Sabha.
To examine Billspertaining to the concerned ministries/departments that are referred to them by the Speaker/Chairman.
To consider the annual reports of ministries/departments.

- Significance: They are the primary mechanism for detailed, ministry-specific scrutiny of both legislation and budget.
Other Important Committees:
- Committee on Privileges: Examines cases of breach of privilege.
- Ethics Committee: Enforces the code of conduct of members.
- Business Advisory Committee: Regulates the time-table of the House.
- Committee on Government Assurances: Scrutinizes the assurances and promises given by ministers on the floor of the House.
- Committee on Subordinate Legislation: Examines whether the executive is properly exercising its power to make rules and regulations (delegated legislation).

Role and Significance of the Committee System:

1. Instrument of Detailed Scrutiny: They provide “miniature legislatures” for detailed and in-depth examination of issues.
2. Upholds Executive Accountability: They are the primary tools through which Parliament exercises its oversight function over the executive.
3. Non-Partisan Functioning: They generally work in a non-partisan manner, away from the glare of media, focusing on the merits of the issue.
4. Involves Expert Opinion: They can summon experts and officials to gather information and specialized knowledge.
5. A Check on Hasty and Ill-conceived Legislation: By scrutinizing bills, they can identify flaws and suggest improvements.

Issues and Challenges in their Functioning:

Bypassing Committees: There is a growing and concerning trend where the government pushes through important legislation without referring it to the relevant DRSC. This undermines the entire purpose of the committee system and leads to poorly drafted laws.
- Example: Key bills like the Farm Acts, the bill abrogating Article 370, were not referred to committees.
Advisory Nature of Recommendations: The recommendations of the committees are advisory and not binding on the government. The government can accept or reject them.
Lack of Technical Expertise: While they can call experts, the members themselves are political generalists and may lack the deep technical expertise required to scrutinize complex modern legislation.
Low Attendance in committee meetings.
Short Tenure: The one-year tenure of most committees does not allow members to develop the necessary expertise in a particular subject area.
Inadequate Resources: Committees often lack adequate research staff and resources.

The Way Forward (How to strengthen the system):

Mandatory Referral of Bills: A strong convention or a rule should be established to ensure that all significant bills are mandatorily referred to the relevant DRSC.
Strengthening Research Support: Provide committees with dedicated, high-quality research staff to assist them in their work.
Longer Tenure: The tenure of committee members should be increased to allow for specialization.
Public Broadcasting of Proceedings: Making the proceedings of some committees public (except for sensitive matters) could increase transparency and accountability.
Scrutiny of a Bill before Introduction: A system where a bill is examined by a committee even before it is introduced in Parliament can help in better drafting.
Empowering Committees: While making recommendations binding may be difficult in a parliamentary system, a system should be in place where the government has to provide a detailed “Action Taken Report” explaining why it has not accepted a committee’s recommendation.

Constitutional Authorities/Bodies

The best way to study this is to create a structured template and apply it to each major constitutional body.

Template for Studying Each Constitutional Body:

Constitutional Provision: Which Article(s) of the Constitution establish this body?
Composition: Who are the members? (e.g., Chairman + other members).
Appointment: Who appoints them?
Tenure and Removal: What is their term of office? How can they be removed? (This is crucial for understanding their independence).
Independence: What are the specific constitutional provisions that ensure their independent functioning?
Powers and Functions: What are their key roles and responsibilities?
Reports: To whom do they submit their reports?
Issues, Challenges, and Recent Developments: What are the contemporary issues related to their functioning?

Major Constitutional Bodies

Election Commission of India (ECI) (Article 324):
- 1. Provision: Article 324.
- 2. Composition: Chief Election Commissioner (CEC) and other Election Commissioners (ECs) as the President may fix. Currently, it’s a multi-member body (1 CEC + 2 ECs).
- 3. Appointment: By the President. (Recent SC judgement has recommended a committee for this).
- 4. Tenure & Removal: 6 years or up to 65 years of age. The CEC can be removed in the same manner as a Judge of the Supreme Court (impeachment-like process). The other ECs can be removed by the President on the recommendation of the CEC.
- 5. Independence: Security of tenure for CEC, conditions of service cannot be varied to his disadvantage.
- 6. Functions:
  - Superintendence, direction, and control of elections to Parliament, state legislatures, office of President, and Vice-President.
  - Preparing electoral rolls.
  - Recognizing political parties and allotting symbols.
  - Enforcing the Model Code of Conduct.
  - Acting as a quasi-judicial body to advise on disqualification of members.
- 8. Issues: Debate over the appointment process, impartiality, role of money power in elections, enforcement of the Model Code of Conduct.
Union Public Service Commission (UPSC) (Articles 315-323):
- 1. Provision: Articles 315-323 in Part XIV.
- 2. Composition: Chairman and other members.
- 3. Appointment: By the President.
- 4. Tenure & Removal: 6 years or up to 65 years of age. The President can remove them on grounds of misbehavior after an inquiry by the Supreme Court.
- 5. Independence: Security of tenure, expenses charged on the Consolidated Fund of India, not eligible for further employment in the Government of India or a state.
- 6. Functions:
  - Conducting examinations for recruitment to All-India Services and Central services.
  - Advising the government on matters related to recruitment, promotion, and disciplinary actions concerning civil servants.
- 7. Role: A “watchdog of merit system” in India. Its role is advisory in nature.
- 8. Issues: Debates on examination reforms, role in lateral entry.
Finance Commission (FC) (Article 280):
- 1. Provision: Article 280.
- 2. Nature: A quasi-judicial body, constituted by the President every fifth year or at an earlier time.
- 3. Composition: Chairman and four other members.
- 4. Functions (Key Role in Fiscal Federalism):
  - To make recommendations to the President on:
    1. The distribution of the net proceeds of taxes to be shared between the Centre and the states (vertical devolution).
    2. The allocation between the states of their respective shares of such proceeds (horizontal devolution).
    3. The principles that should govern the grants-in-aid to the states from the Consolidated Fund of India.
    4. Measures needed to augment the Consolidated Fund of a state to supplement the resources of the Panchayats and Municipalities.
- 5. Role: Its role is advisory, but its recommendations are generally accepted by the government.
- 8. Issues: Balancing the needs of the Centre and the states, criteria for horizontal devolution, performance-based incentives. (Should know the key recommendations of the latest FC, e.g., the 15th FC).
Comptroller and Auditor-General of India (CAG) (Article 148):
- 1. Provision: Article 148.
- 2. Appointment: By the President.
- 3. Tenure & Removal: 6 years or up to 65 years of age. Can be removed in the same manner as a Judge of the Supreme Court.
- 4. Independence: Security of tenure, not eligible for further office.
- 5. Role: Head of the Indian Audit and Accounts Department. Guardian of the public purse.
- 6. Functions:
  - Audits all accounts related to the expenditure from the Consolidated Fund of India, of each state, and of each UT having a legislative assembly.
  - Audits all expenditure from the Contingency Fund and the Public Account of India and of each state.
  - Audits the accounts of government companies and other corporations when required by law.
  - Submits his audit reports to the President (who lays them before Parliament) and to the Governor (who lays them before the state legislature).
- 7. Relationship with PAC: The CAG is the “friend, philosopher and guide” of the Public Accounts Committee (PAC) of the Parliament.
- 8. Issues: The role of the CAG has evolved from a mere auditor to a performance auditor, commenting on the wisdom and economy of government expenditure (e.g., in 2G Spectrum and Coal Block allocation reports), which has been controversial.
National Commissions for SCs, STs, and BCs:
- 1. Provisions: NCSC (Art 338), NCST (Art 338-A), NCBC (Art 338-B) (NCBC was given constitutional status by the 102nd Amendment Act, 2018).
- 2. Composition & Appointment: Chairman, Vice-Chairman, and other members appointed by the President.
- 3. Functions:
  - To investigate and monitor all matters relating to the constitutional and other legal safeguards for their respective communities.
  - To inquire into specific complaints with respect to the deprivation of rights and safeguards.
  - To participate and advise on the planning process of socio-economic development of their communities.
  - They have the powers of a civil court while investigating any matter.
- 8. Issues: Often seen as lacking sufficient powers, their recommendations are only advisory, and they face issues of funding and staffing.
Attorney-General of India (Article 76) & Advocate-General of the State (Article 165):
- 1. Role: Chief law officers of the Union and State governments, respectively.
- 2. Appointment: By the President / Governor.
- 3. Functions: To give legal advice and perform other legal duties.
Special Officer for Linguistic Minorities (Article 350-B):
- 1. Provision: Article 350-B (inserted by 7th Amendment, 1956).
- 2. Appointment: By the President.
- 3. Function: To investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution.

Distinction from other bodies:

It is crucial to distinguish Constitutional Bodies from other types of bodies.

Basis	Constitutional Bodies	Statutory Bodies	Executive Bodies / Non-Statutory
Source of Power	Derive their powers and authority directly from the Constitution of India.	Are created by an Act of Parliament or State Legislatures.	Are created by an executive resolution or order of the government.
Amendment	To change their structure or powers, a constitutional amendment is required.	Their structure or powers can be changed by a simple amendment to the parent Act.	Can be created or dissolved by the government without any legislative approval.
Independence	Generally have a higher degree of independence and autonomy.	Have a degree of independence as defined by their parent Act.	Have the least independence as they are directly under government control.
Examples	ECI, UPSC, Finance Commission, CAG, NCSC/ST/BC.	NHRC, CVC, CIC, SEBI, IRDAI, National Green Tribunal (NGT).	NITI Aayog, (the erstwhile) Planning Commission.

The Supreme Court (SC) (Part V, Chapter IV, Articles 124-147):

This can be broken down into four interconnected parts:

The Supreme Court: Structure, Independence, and Jurisdiction.
Judicial Review: The foundational power.
Judicial Activism & PIL: The expansion of the judicial role.
Latest Verdicts: The contemporary application of these powers.

Structure and Organisation:
- Composition (Art 124): Chief Justice of India (CJI) and other judges (number determined by Parliament).
- Appointment of Judges: Appointed by the President. The process is governed by the Collegium System (a system of appointment and transfer of judges that has evolved through Supreme Court judgments, not the Constitution itself – Three Judges Cases).
- Debate: The Collegium system vs. the National Judicial Appointments Commission (NJAC) (which was struck down by the SC in the Fourth Judges Case, 2015). This is a key area of executive-judiciary friction.
Independence of the Supreme Court:
- The Constitution ensures the judiciary’s independence through various provisions:
  - Mode of Appointment: (The Collegium system is meant to ensure independence from the executive).
  - Security of Tenure: Judges can be removed only through a difficult process of impeachment (as laid down in Art 124(4)).
  - Fixed Service Conditions.
  - Expenses Charged on the Consolidated Fund of India.
  - Power to punish for its contempt (Art 129).
  - Separation from Executive (Art 50 – DPSP).
Jurisdiction and Powers of the Supreme Court:
- 1. Original Jurisdiction (Art 131): Exclusive power to adjudicate disputes between the Centre and states, or between states.
- 2. Writ Jurisdiction (Art 32): Power to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto) for the enforcement of Fundamental Rights. This makes the SC the “guarantor and protector of Fundamental Rights.”
- 3. Appellate Jurisdiction (Art 132-134): The highest court of appeal in constitutional, civil, and criminal matters. Also, Appeal by Special Leave (Art 136).
- 4. Advisory Jurisdiction (Art 143): The President can seek the opinion of the SC on any question of law or fact.
- 5. A Court of Record (Art 129): Its judgments are recorded for perpetual memory and testimony.
- 6. Complete Justice (Art 142): A unique and powerful provision that allows the SC to “pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.”

Judicial Review:

A. Definition:
- The power of the judiciary to examine the constitutionality of legislative enactments (laws) and executive orders of both the Central and State governments.
- If a law or action is found to be in violation of the Constitution, it can be declared unconstitutional, illegal, and invalid (null and void) by the judiciary.
Constitutional Basis:
- The term “Judicial Review” is not explicitly mentioned in the Constitution.
- However, the power is derived implicitly from several articles:
  - Article 13: Declares that any law inconsistent with Fundamental Rights shall be void.
  - Article 32 & 226: Entrust the SC and HCs with the power to enforce Fundamental Rights.
  - Other articles that deal with the distribution of legislative powers (Art 245, 246).
Scope and Significance:
- Judicial review is a key feature of the “checks and balances” system.
- It upholds the supremacy of the Constitution and the rule of law.
- It protects Fundamental Rights.
- It maintains the federal equilibrium.
The Basic Structure Doctrine:
- This is the zenith of judicial review.
- Established in the Kesavananda Bharati case (1973), the doctrine holds that Parliament’s power to amend the Constitution under Article 368 is limited. It cannot alter the “basic structure” of the Constitution.
- What constitutes the “basic structure” is decided by the judiciary on a case-by-case basis.
- Significance: It has placed the Constitution, and the judiciary as its ultimate interpreter, above the Parliament.

Judicial Activism & Public Interest Litigation (PIL):

Defining Judicial Activism:
- A proactive role played by the judiciary in protecting the rights of citizens and promoting justice in society.
- It is a departure from the traditional role of the judiciary as a passive arbiter of disputes.
- It often involves the judiciary stepping into areas traditionally considered to be the domain of the executive or legislature, especially when these organs fail to perform their duties.
The Instrument: Public Interest Litigation (PIL):
- Judicial activism found its main instrument in the PIL.
- What is PIL? Litigation filed in a court of law for the protection of “public interest,” such as pollution, terrorism, road safety, or constructional hazards.
- Innovation: PIL diluted the traditional rule of “locus standi,” which meant that only a person whose own rights were affected could file a case. Under PIL, any public-spirited citizen or social organization can move the court on behalf of the poor, ignorant, or socially disadvantaged sections of society.
- Pioneers: Justice P.N. Bhagwati and Justice V.R. Krishna Iyer were the pioneers of PIL in India.
Significance of Judicial Activism and PIL:
- Has made the justice system more accessible to the poor and marginalized.
- Has been instrumental in enforcing the rights of vulnerable groups.
- Has held the executive accountable in cases of inaction or corruption.
- Has expanded the scope of Fundamental Rights, especially Article 21 (e.g., right to a clean environment, right to food).
Criticisms (The “Judicial Overreach” Debate):
- Critics argue that in the name of activism, the judiciary is sometimes encroaching upon the domains of the legislature and the executive, thereby violating the doctrine of separation of powers. This is termed “judicial overreach.”
- Judges may lack the technical expertise or administrative capacity to make decisions on complex policy matters.
- It can lead to a flood of litigation, overburdening the courts.
- The line between activism and overreach is thin and a subject of constant debate.

Latest Verdicts (Dynamic and Contemporary Part):

This requires keeping up-to-date with landmark Supreme Court judgments that have a significant impact on polity, society, and individual rights. You must be able to cite 2-3 recent and relevant cases.

Framework for Analyzing a Verdict:
1. Name of the Case.
2. Issue/Question of Law involved.
3. The Verdict/Judgement given by the SC.
4. The Constitutional/Ethical Principles Upheld.
5. Its Significance and Impact.
Examples of Landmark Verdicts from Recent Years (Illustrative, you need to stay updated):

- Justice K.S. Puttaswamy (Retd.) vs. Union of India (2017):
  - Verdict: Declared the Right to Privacy as a Fundamental Right, intrinsic to Article 21 (Right to Life and Personal Liberty).
  - Significance: A landmark judgment that has wide-ranging implications for data protection, surveillance, and individual autonomy.
- Navtej Singh Johar vs. Union of India (2018):
  - Verdict: Decriminalized homosexuality by reading down Section 377 of the IPC.
  - Significance: A major victory for LGBTQ+ rights, upholding the principles of equality, dignity, and privacy.
- Joseph Shine vs. Union of India (2018):
  - Verdict: Struck down the law on Adultery (IPC Section 497) as unconstitutional, holding that it was archaic and discriminated against women.
- Indian Young Lawyers Association vs. State of Kerala (2018) (Sabarimala Case):
  - Verdict: Allowed the entry of women of all age groups into the Sabarimala temple, holding that the practice was discriminatory and violated the right to equality and religion of women.
- Anuradha Bhasin vs. Union of India (2020):
  - Verdict: Held that access to the internet is a fundamental right under Article 19. Ruled that indefinite internet shutdowns are impermissible.
- *Recent Judgements on: Appointment of Election Commissioners, Electoral Bonds, etc. (This section needs continuous updating).

The State Executive (Part VI, Chapter II, Articles 153-167)

This can be broken down into the individual components of the state executive and their inter-relationships.

Framework:

Composition of the State Executive.
The Governor: The Nominal Executive and Agent of the Centre.
The Chief Minister: The Real Executive.
The State Council of Ministers (CoM).
The Advocate-General of the State.
The Relationship between the Components (Governor-CM, Governor-President).

Composition of the State Executive:

As per the Constitution, the State Executive consists of:
1. The Governor (Nominal Head of the State)
2. The Chief Minister (Real Head of the Government)
3. The Council of Ministers (CoM)
4. The Advocate-General of the State
Key Parallel: Just like at the Union level, states have a parliamentary form of executive with a nominal head (Governor) and a real head (Chief Minister).

The Governor (Articles 153-162):

Structure and Appointment:
- Head of the State Executive.
- Appointment (Art 155): He is appointed by the President by warrant under his hand and seal. He is not elected (either directly by the people or indirectly).
- Dual Role: The Governor has a dual role:
  1. He is the constitutional head of the state, bound by the advice of the state CoM.
  2. He is an agent of the Central Government, representing the Union in the state. This dual role is the primary source of controversy.
- Qualifications (Art 157): Citizen of India, 35 years of age. By convention, he should be an outsider to the state and the President should consult the CM of the state (though this is often violated).
Powers and Functions:
- These are analogous to those of the President, but at the state level.

- - Executive Powers: All executive actions of the state are taken in his name. Appoints the CM, CoM, Advocate-General, Chairman and members of the State Public Service Commission (SPSC), etc. Acts as the chancellor of universities in the state.
  - Legislative Powers: Summons and prorogues the state legislature, dissolves the state legislative assembly, addresses the legislature, promulgates ordinances when the legislature is not in session (Art 213), gives assent to bills.
  - Financial Powers: Money bills can be introduced in the state legislature only with his prior recommendation.
  - Judicial Powers: Appoints district judges. Has the power to grant pardons, reprieves, etc., in respect of any offence against any law relating to a matter to which the executive power of the state extends (Art 161). (Note: He cannot pardon a death sentence, only the President can).

The Discretionary Powers of the Governor (The Core Analytical and Controversial Issue):
- Unlike the President, the Governor has certain powers that he can exercise in his discretion, without the advice of the CoM. This is a major difference and a point of friction in Centre-State relations.
- 1. Constitutional Discretion (Explicitly mentioned):

- - Reservation of a bill for the consideration of the President (Article 200).
  - Recommendation for the imposition of the President’s Rule in the state (Article 356).
  - While exercising his functions as the administrator of an adjoining union territory.
  - Seeking information from the Chief Minister (Article 167).

- 2. Situational Discretion (Implicit, based on political situation):

- - Appointment of Chief Minister when no party has a clear majority after an election.
  - Dismissal of the Council of Ministers when it cannot prove the confidence of the state legislative assembly.
  - Dissolution of the state legislative assembly if the CoM has lost its majority.

Key Issues and Supreme Court Judgements:
- The discretionary powers of the Governor, especially the recommendation for President’s Rule, have often been misused at the behest of the Central Government for partisan political purposes.
- S.R. Bommai case (1994): A landmark judgment that put restrictions on the arbitrary use of Article 356. The Court held that the majority of the government should be tested on the floor of the House, and the proclamation for President’s rule is subject to judicial review.

The Chief Minister (Articles 163, 164, 167):

Appointment: The leader of the majority party in the state legislative assembly is appointed as the Chief Minister by the Governor.
Powers and Functions (The Real Executive of the State):
- His role is analogous to that of the Prime Minister at the Centre.
- He is the head of the state Council of Ministers.
- He allocates portfolios, presides over CoM meetings, and his resignation leads to the collapse of the entire ministry.
- He is the principal channel of communication between the Governor and the CoM.

The State Council of Ministers (CoM):

Constitutional Provisions:
- Art 163: CoM headed by CM to aid and advise the Governor (except in his discretionary functions).
- Art 164:
  - CM appointed by Governor, other ministers appointed by Governor on CM’s advice.
  - Collective Responsibility: The CoM is collectively responsible to the state legislative assembly.
  - 91st Amendment, 2003: The total strength of the CoM, including the CM, shall not exceed 15% of the total strength of the legislative assembly (with a minimum of 12).
Principle of Collective Responsibility:
- Same as at the Centre. The ministry is a team that works together and is jointly accountable to the lower house of the state legislature.

The Advocate-General of the State (Article 165):

Role: The highest law officer in the state. Corresponds to the Attorney-General of India.
Appointment: Appointed by the Governor.
Functions: To give legal advice to the state government and perform other legal duties. Has the right to speak and take part in the proceedings of the state legislature without a right to vote.

The Relationship between the Components:

Governor and CM/CoM: This is the most complex and politically sensitive relationship. While the Governor is constitutionally bound to act on the aid and advice of the CoM in most matters, his discretionary powers, especially the power to reserve bills for the President’s consideration and to recommend President’s rule, create a significant area of potential conflict. This relationship is a key indicator of the health of Centre-State relations.
Governor and President: The Governor holds office during the pleasure of the President. He is an appointee of the Centre and acts as a vital link between the Union and the State.

The State Legislature (Part VI, Chapter III, Articles 168-212)

This can be broken down into a comprehensive framework.

Framework:

Structure and Composition: Unicameral vs. Bicameral.
The Two Houses: Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad).
Membership: Qualifications, Disqualifications, etc.
Presiding Officers.
Functioning and Conduct of Business (Sessions, Legislative Procedure).
Powers and Functions of the State Legislature.
Comparative Position of the Legislative Council vs. the Legislative Assembly.
Legislative Privileges.
Issues and Challenges in the functioning of State Legislatures.

Structure and Composition (Article 168):

Organ of the State Legislature:
- The State Legislature consists of the Governor and the House(s) of the Legislature.
- The Governor is an integral part, just as the President is for Parliament.
Unicameral vs. Bicameral Systems:
- The Constitution provides for the option of having either a unicameral (one House) or a bicameral (two Houses) legislature.
- Most states in India have a Unicameral system, consisting of the Governor and the Legislative Assembly (Vidhan Sabha).
- A few states have a Bicameral system, consisting of the Governor, the Legislative Assembly (Vidhan Sabha), and the Legislative Council (Vidhan Parishad).
- Current Bicameral States: (As of now) Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka. (This list can change, so it’s good to verify the current status before the exam).
Creation and Abolition of Legislative Councils (Article 169):
- This is a key and unique provision.
- The Parliament can abolish a legislative council (where it already exists) or create it (where it does not exist) if the legislative assembly of the concerned state passes a resolution to that effect.
- This resolution must be passed by the state assembly by a special majority (a majority of the total membership of the Assembly and a majority of not less than two-thirds of the members present and voting).
- The Act of Parliament for this purpose is not considered a constitutional amendment under Article 368 and is passed by a simple majority.

The Two Houses: Legislative Assembly vs. Legislative Council:

Feature	Legislative Assembly (Vidhan Sabha)	Legislative Council (Vidhan Parishad)
Representation	Represents the people of the state directly. (Lower House / First Chamber).	Represents specific interests like teachers, graduates, and local bodies. (Upper House / Second Chamber).
Strength	Strength varies from a maximum of 500 to a minimum of 60. (Some exceptions for smaller states).	Strength is fixed at one-third of the total strength of the Assembly, with a minimum strength of 40.
Election	Direct election by the people based on universal adult franchise.	Complex indirect election and nomination: – 1/3 elected by MLAs – 1/3 elected by local bodies – 1/12 elected by graduates – 1/12 elected by teachers – 1/6 nominated by the Governor.
Duration of House	5 years. Subject to dissolution.	A permanent body (continuing chamber). Not subject to dissolution.
Duration of Member’s Term	5 years, or until the house is dissolved.	6 years. One-third of the members retire every two years.

Membership (MLA / MLC):

A. Qualifications (Article 173): Citizen of India, age not less than 30 for Council and 25 for Assembly.
B. Disqualifications (Article 191): Similar to Parliament (office of profit, unsound mind, etc., and disqualification on the ground of defection under the Tenth Schedule).

Presiding Officers:

Legislative Assembly: Speaker and Deputy Speaker (elected by the Assembly from amongst its members).
Legislative Council: Chairman and Deputy Chairman (elected by the Council from amongst its members).
Their powers and functions are analogous to their counterparts in Parliament.

Functioning and Conduct of Business:

Sessions (Article 174): Summoned by the Governor. Maximum gap between two sessions cannot be more than six months.
Legislative Procedure:
- Ordinary Bills:
  - Can originate in either House (in bicameral legislatures).
  - After a bill is passed by the Assembly, it goes to the Council. The Council has limited powers. It can detain or delay the bill for a maximum period of four months in total (three months in the first instance and one month in the second).
  - Ultimately, the will of the Assembly prevails. There is no provision for a joint sitting to resolve a deadlock.
- Money Bills (Article 199):
  - Can only be introduced in the Legislative Assembly, with the prior recommendation of the Governor.
  - The Legislative Council has very restricted powers. It can only delay the bill for 14 days.
  - The Speaker of the Assembly has the final power to decide whether a bill is a Money Bill or not.
Governor’s Assent to Bills (Article 200):
- When a bill is passed, the Governor can:

Give his assent.
Withhold his assent.
Return the bill (if not a Money Bill) for reconsideration.
Reserve the bill for the consideration of the President.

Powers and Functions of the State Legislature:

Legislative Powers: To make laws on subjects in the State List and the Concurrent List.
Executive Powers (Accountability): The state Council of Ministers is collectively responsible to the Legislative Assembly. The Assembly can remove the ministry by passing a no-confidence motion.
Financial Powers: The legislature controls the state’s finances. It passes the state budget.
Constituent Powers: State legislatures have a role in the amendment of federal provisions of the Constitution (ratification by half of the states).
Electoral Powers: Elected members (MLAs) participate in the election of the President of India and the members of the Rajya Sabha.

Comparative Position of the Legislative Council (Vidhan Parishad):

This is a key analytical area. The position of the Legislative Council is distinctly subordinate to that of the Legislative Assembly.

Compared to Rajya Sabha: The Legislative Council is much weaker than the Rajya Sabha.
- Rajya Sabha has equal powers with the Lok Sabha in amending the Constitution and in the impeachment of the President. The Legislative Council has no such powers.
- Rajya Sabha has special powers (Art 249, 312) that the Council does not.
- Rajya Sabha’s consent is essential for ordinary legislation, and a deadlock is resolved by a joint sitting. The Council can only delay an ordinary bill.
Justification for its existence (Arguments in favour):
- Acts as a check on hasty legislation by the Assembly.
- Allows for the inclusion of experts and eminent persons who may not be able to win direct elections.
Criticisms (Arguments against):
- Seen as an “unnecessary and expensive” institution.
- Used to accommodate politicians who have lost elections.
- Can be used by the ruling party in the Assembly to delay legislation if the opposition has a majority in the Council, and vice-versa.

Legislative Privileges (Article 194):

Similar to Parliamentary privileges. They are special rights, immunities, and exemptions enjoyed by the state legislatures, their committees, and their members.

Issues and Challenges in Functioning:

Decline in the number and quality of sittings.
Frequent disruptions and lack of decorum.
The role of the Governor in summoning, proroguing the house and in giving assent to bills is often a point of contention.
The Anti-defection law has curtailed the freedom of legislators.
The debate over the utility and political use of Legislative Councils.

The High Courts (HC) (Part VI, Chapter V, Articles 214-231)

This can be broken down into four main components:

The High Courts: The apex judicial body in a state.
The Subordinate Courts: The hierarchy of courts below the High Court.
Tribunals: Specialized, quasi-judicial bodies.
Cross-cutting Issues and Reforms concerning the state and lower judiciary.

Structure and Organisation:
- Constitutional Provision (Art 214): There shall be a High Court for each state. However, Parliament can establish a common High Court for two or more states or for a state and a UT (e.g., Punjab and Haryana High Court).
- Appointment of Judges (Art 217): Appointed by the President after consultation with the Chief Justice of India (CJI) and the Governor of the state. For the appointment of other judges, the Chief Justice of the concerned High Court is also consulted. The Collegium System applies here as well.
- Qualifications: Must be a citizen of India and should have held a judicial office for 10 years or been an advocate of a High Court for 10 years.
Independence of High Courts:
- Ensured through:
  - Mode of Appointment.
  - Security of Tenure: Can be removed by the President only in the same manner as a Supreme Court judge (impeachment-like process).
  - Fixed Service Conditions.
  - Expenses charged on the Consolidated Fund of the State.
  - Power to punish for its contempt (Art 215).
Jurisdiction and Powers of the High Court:
- It is the highest court of appeal in the state.
- 1. Original Jurisdiction: Power to hear disputes in the first instance. This is limited, but it includes matters relating to wills, marriage, company law, and disputes relating to the election of members of Parliament and state legislatures.
- 2. Writ Jurisdiction (Article 226): This is a very important and wide power.
  - The HC can issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto) for the enforcement of Fundamental Rights and for “any other purpose.”
  - Comparison with SC: The writ jurisdiction of the High Court under Article 226 is wider than that of the Supreme Court under Article 32, because the SC can issue writs only for the enforcement of FRs, while the HC can issue them for the enforcement of both FRs and other legal rights.
- 3. Appellate Jurisdiction: Hears appeals against the judgments of subordinate courts in both civil and criminal matters.
- 4. Supervisory Jurisdiction (Article 227): Has the power of superintendence over all courts and tribunals functioning within its territorial jurisdiction (except military courts). This is a very extensive power.
- 5. A Court of Record (Article 215).
- 6. Power of Judicial Review: Power to examine the constitutionality of legislative and executive actions of both Central and state governments.

The Subordinate Courts (Part VI, Chapter VI, Articles 233-237):

Structure and Hierarchy:
- The organizational structure and jurisdiction of subordinate courts are determined by the states, so there are slight variations. However, a general pattern exists.
- The District Judge is the highest judicial authority in the district.
- The hierarchy generally looks like this:
  - Civil Side:
    - District Judge’s Court (highest)
    - Subordinate Judge’s Court
    - Munsiff’s Court (lowest)
  - Criminal Side:
    - Sessions Judge’s Court (highest)
    - Chief Judicial Magistrate’s Court
    - Judicial Magistrate’s Court
- Often, the District Judge and the Sessions Judge is the same person.
Appointment and Control:
- Appointment of District Judges (Art 233): Appointed by the Governor in consultation with the High Court of the concerned state.
- Appointment of other judges (to the subordinate judicial service): Appointed by the Governor in consultation with the State Public Service Commission and the High Court.
- Control over Subordinate Courts (Article 235): The control over district courts and courts subordinate thereto, including the posting, promotion, and grant of leave to persons belonging to the judicial service of a state, is vested in the High Court. This is a key provision for ensuring the independence of the lower judiciary from the executive.
Other related bodies:
- Lok Adalats (“People’s Courts”): A form of Alternative Dispute Resolution (ADR). They are informal, provide speedy justice, and their awards are binding. They have been given statutory status under the Legal Services Authorities Act, 1987.
- Gram Nyayalayas (Village Courts): Established under the Gram Nyayalayas Act, 2008, to provide speedy and easy access to justice in rural areas.

Tribunals (Part XIV-A, Articles 323-A and 323-B):

What are they?
- Tribunals are quasi-judicial bodies established to provide for the adjudication of disputes relating to specific matters.
- They were not part of the original Constitution and were added by the 42nd Amendment Act, 1976, on the recommendation of the Swaran Singh Committee.
Rationale for their establishment:
- To reduce the workload of the regular courts.
- To provide speedy and low-cost justice.
- To bring in domain experts and specialists for the adjudication of technical matters.
Types of Tribunals:
- Article 323-A: Administrative Tribunals:
  - Deals only with service matters of public servants.
  - Parliament can establish the Central Administrative Tribunal (CAT) and State Administrative Tribunals (SATs).
- Article 323-B: Tribunals for Other Matters:
  - Parliament and state legislatures can establish tribunals for matters like taxation, foreign exchange, industrial and labour disputes, land reforms, etc.
  - Examples: National Green Tribunal (NGT), Income Tax Appellate Tribunal, Armed Forces Tribunal.
Key Issues and Supreme Court Judgements:
- “Tribunalisation” of Justice: The proliferation of tribunals has raised concerns.
- Challenge to Judicial Independence: Early provisions that excluded the jurisdiction of High Courts over tribunals were seen as a threat to judicial independence.
- Chandra Kumar Case (1997): A landmark judgment where the Supreme Court held that the power of Judicial Review of the High Courts (Art 226) and the Supreme Court (Art 32) is part of the “basic structure” of the Constitution and cannot be taken away. It ruled that appeals against the orders of tribunals would lie before the Division Bench of the concerned High Court. This restored the authority of the High Courts over tribunals.
- Recent issues relate to the appointment process and conditions of service of tribunal members, which the government has tried to control, leading to friction with the judiciary.

Cross-cutting Issues and Reforms:

This is the analytical part, connecting the dots.

Judicial Pendency:
- The biggest challenge facing the entire judicial system, especially the subordinate courts, is the huge backlog of pending cases, leading to the popular saying, “justice delayed is justice denied.”
Vacancies:
- Large number of vacancies in High Courts and subordinate courts, which contributes to pendency.
Lack of Infrastructure:
- Poor infrastructure in lower courts.
All India Judicial Service (AIJS):
- A long-pending proposal to create a national-level service for the recruitment of district judges, similar to the IAS/IPS.
- Arguments for: Would attract the best talent, promote national integration, and improve standards.
- Arguments against: Seen as an encroachment on the powers of states and High Courts; language barrier issues.
Need for Technology and Modernization:
- E-Courts Mission Mode Project to digitize the judiciary.
Promoting Alternative Dispute Resolution (ADR):
- Greater use of Lok Adalats, mediation, and arbitration to reduce the burden on regular courts.

LOCAL SELF-GOVERNMENT IN INDIA:

This can be broken down into four major parts:

Historical Background: The evolution of local self-government in India.
The 73rd Constitutional Amendment Act, 1992: Panchayati Raj.
The 74th Constitutional Amendment Act, 1992: Urban Local Bodies.
Critical Analysis: Achievements, Challenges (The “3Fs” Problem), and the Way Forward.

Historical Background:

Ancient and Medieval India:
- Some form of village self-governance existed in ancient India, with village assemblies or councils (like the Sabha and Ur in the Chola period) handling local affairs.
British Period:
- Lord Ripon’s Resolution of 1882: Lord Ripon is known as the “Father of Local Self-Government in India.” His resolution was a landmark, advocating for the development of local bodies not just for administrative efficiency but as an instrument of political and popular education.
- Royal Commission on Decentralisation (1907): Reaffirmed Ripon’s resolution.
- Government of India Acts of 1919 and 1935: Under dyarchy, local self-government became a “transferred” subject, and under provincial autonomy, it was a provincial subject. However, the bodies remained weak.
Post-Independence (Pre-73rd/74th Amendment):
- Constitutional Provision: Article 40 (DPSP) directed the state 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.”
- Community Development Programme (1952): A major initiative for rural development that failed due to a lack of popular participation.
- Balwant Rai Mehta Committee (1957):
  - Appointed to study the failure of the CDP.
  - Famously concluded that the programme failed due to the lack of a democratic institutional structure.
  - Recommended the establishment of a three-tier system of “Panchayati Raj” (Gram Panchayat at the village level, Panchayat Samiti at the block level, and Zila Parishad at the district level) – a scheme of “democratic decentralisation.”
- Ashok Mehta Committee (1977): Recommended a two-tier system and constitutional status for PRIs.
- GVK Rao Committee (1985): Criticized the bureaucratization of development, calling PRIs “grass without roots.”
- L. M. Singhvi Committee (1986): Most importantly, it recommended that Panchayati Raj institutions should be constitutionally recognized.
Conclusion of this phase: Despite these committees, PRIs remained weak and ineffective across the country due to a lack of constitutional status, irregular elections, and insufficient funds and powers.

The 73rd Constitutional Amendment Act, 1992 (Panchayati Raj Institutions – PRIs):

This act gave constitutional status to PRIs and is the most important part of the topic.

A. Legal Status: Added a new Part IX to the Constitution (“The Panchayats”) and a new Eleventh Schedule.
B. Key Features (Compulsory and Voluntary Provisions):
- 1. Three-Tier System (Compulsory): A uniform three-tier structure of panchayats at the village (Gram Panchayat), intermediate/block (Panchayat Samiti), and district (Zila Parishad) levels. (States with a population less than 20 lakh may not have the intermediate level).
- 2. Gram Sabha (Compulsory): The foundation of the Panchayati Raj system. A body consisting of all persons registered in the electoral rolls of a village.
- 3. Election of Members and Chairpersons (Compulsory): All members at all three levels to be directly elected by the people. The chairperson at the intermediate and district levels to be indirectly elected.
- 4. Reservation of Seats (Compulsory):
  - Reservation for SCs and STs at all three levels, in proportion to their population.
  - Reservation of not less than one-third of the total seats for women (including the seats reserved for SC/ST women).
  - State legislatures are authorized to provide for reservation for Backward Classes.
- 5. Duration of Panchayats (Compulsory): A fixed five-year term. If dissolved before its term, fresh elections must be held within six months.
- 6. State Election Commission (Compulsory): Creation of an independent State Election Commission to conduct all elections to the panchayats.
- 7. State Finance Commission (Compulsory): The Governor is required to constitute a State Finance Commission every five years to review the financial position of the panchayats and make recommendations.
- 8. Powers and Functions (Voluntary): The Act empowers state legislatures to endow Panchayats with powers and authority. The Eleventh Schedule contains 29 functional items (e.g., agriculture, rural housing, drinking water, roads, sanitation, poverty

The 74th Constitutional Amendment Act, 1992 (Urban Local Bodies – ULBs):

A. Legal Status: Added a new Part IX-A to the Constitution (“The Municipalities”) and a new Twelfth Schedule.
B. Key Features:
- 1. Three Types of Municipalities:
  - Nagar Panchayat (for a transitional area, from rural to urban).
  - Municipal Council (for a smaller urban area).
  - Municipal Corporation (for a larger urban area).
- 2. Wards Committees: Provision for the constitution of Wards Committees in municipalities with a population of three lakh or more.
- 3. Reservation of Seats: Similar to PRIs, with reservation for SCs, STs, and a minimum of one-third for women.
- 4. Duration and Elections: Fixed five-year term and superintendence by the State Election Commission.
- 5. Finance: State Finance Commission to make recommendations for ULBs as well.
- 6. Powers and Functions: State legislatures are to endow ULBs with powers. The Twelfth Schedule contains 18 functional items (e.g., urban planning, roads and bridges, water supply, public health, sanitation, slum improvement).
- 7. District Planning Committee (DPC) and Metropolitan Planning Committee (MPC): The Act mandates the creation of these committees to prepare draft development plans, consolidating the plans of both rural and urban local bodies in the district/metropolitan area.

Critical Analysis: Achievements, Challenges, and the Way Forward:

Achievements:
- Political Empowerment: The amendments have created the world’s largest experiment in democracy, with over 3 million elected representatives.
- Women’s Empowerment: Reservation has brought a large number of women (over 1.4 million) into political leadership, which has had a significant social impact.
- Empowerment of SCs/STs: Reservation has ensured their representation in local governance.
- Has brought governance closer to the people.
Challenges (The Core Issue – The “3 Fs” Problem):
- 1. Lack of Funds (Financial Devolution):
  - Local bodies have very limited powers of their own to raise revenue. They are heavily dependent on grants from the state and central governments, which are often inadequate and irregular.
  - The recommendations of State Finance Commissions are often not implemented by state governments.
- 2. Lack of Functions (Functional Devolution):
  - This is the biggest challenge. Despite the 11th and 12th Schedules, most state governments have not genuinely devolved significant powers and functions to the local bodies.
  - State-level departments and parallel bodies (parastatals) continue to control key areas like water, health, and education, undermining the authority of local governments.
- 3. Lack of Functionaries (Administrative Devolution):
  - Local bodies suffer from a severe shortage of their own dedicated administrative and technical staff. They are dependent on state government officials on deputation, who are often not accountable to the elected local representatives.
Other Challenges:
- Elite Capture: The benefits and power are often cornered by the dominant sections of society.
- Weak Gram Sabhas: The Gram Sabha, which is supposed to be the soul of Panchayati Raj, remains weak in most states.
- Lack of Capacity: Elected representatives often lack the training and capacity to perform their functions effectively.
The Way Forward:
- Genuine Devolution of the “3 Fs”: This is the most crucial reform. State governments must show the political will to transfer funds, functions, and functionaries to local bodies.
- Strengthening Gram Sabhas: Empowering the Gram Sabha as the primary forum for planning, decision-making, and social audit.
- Capacity Building: Continuous and systematic training for elected representatives and officials of local bodies.
- Promoting Own-Source Revenue: Empowering local bodies to generate their own revenue (e.g., through effective property tax collection).
- Leveraging Technology: Using e-governance to improve the functioning and transparency of local governments.
- Activity Mapping: States should undertake a clear “activity mapping” to delineate the specific responsibilities of each tier of government for every devolved function.

Union Territories

This can be broken down into:

The Concept of Union Territories (UTs): What they are and why they exist.
Evolution of Union Territories: How they were created and have changed over time.
Administration of Union Territories: The constitutional and statutory framework.
Distinction between different types of UTs (with and without legislature).
The Special Case of Delhi: A deep dive into its unique and contentious administrative setup.
Key Issues and Challenges related to the administration of UTs.

The Concept of Union Territories (UTs):

Definition:
- Union Territories are federal territories in India that are governed, in part or in whole, directly by the Union Government (Central Government).
- They are administered by the President acting through an Administrator appointed by him.
Rationale for Creation (Why do UTs exist?):
- The States Reorganisation Commission (1956) recommended the creation of UTs for territories that could not be made into full-fledged states or merged with neighboring states for various reasons:
  1. Political and Administrative Consideration: Delhi (as the national capital) and Chandigarh (as a shared capital).
  2. Cultural Distinctiveness: Puducherry, Dadra and Nagar Haveli, and Daman and Diu (to preserve their distinct culture inherited from French and Portuguese rule).
  3. Strategic Importance: Andaman and Nicobar Islands and Lakshadweep.
  4. Special Treatment and Care of the Backward and Tribal Peoples: Mizoram, Manipur, Tripura, and Arunachal Pradesh were initially UTs before becoming states.
  5. Recent Reorganisation: Jammu & Kashmir and Ladakh were created for strategic and security reasons.

Evolution of Union Territories:

Origin: The concept has its roots in the “scheduled districts” and later “chief commissioner’s provinces” of the British era.
1956 (7th Constitutional Amendment): The original classification of states (Part A, B, C, D) was abolished. The category of “Union Territories” was created. The initial UTs were Andaman & Nicobar, Delhi, Himachal Pradesh, Lakshadweep, Manipur, and Tripura.
Subsequent Changes:
- Many UTs were later upgraded to statehood after they achieved economic and political stability (e.g., Himachal Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh, Goa).
- Some were created from territories acquired from foreign powers (Puducherry from France; Goa, Daman & Diu from Portugal).
- Recent Developments:
  - 2019: The state of Jammu and Kashmir was reorganized into two UTs: UT of Jammu & Kashmir (with a legislature) and UT of Ladakh (without a legislature).
  - 2020: The UTs of Dadra and Nagar Haveli and Daman and Diu were merged into a single Union Territory.

Administration of Union Territories (Part VIII, Articles 239-241):

The Central Figure: The Administrator (Article 239):
- Every UT is administered by the President acting through an Administrator.
- An Administrator is an agent of the President, not the head of a state like a Governor.
- Designation: The Administrator’s designation can vary: Lieutenant Governor (in Delhi, Puducherry, A&N Islands, J&K, Ladakh), Administrator (in Chandigarh, D&NH and D&D), or Chief Commissioner.
Power of Parliament:
- Parliament can make laws on any subject of the three lists (Union, State, and Concurrent) for the Union Territories. This power of Parliament also extends to UTs that have their own legislature.
High Courts for UTs (Article 241):
- Parliament may by law constitute a High Court for a Union Territory or declare any court in any such territory to be a High Court. (e.g., Delhi has its own High Court). Most UTs are placed under the jurisdiction of the High Court of an adjacent state.

Distinction between Different Types of UTs:

This is a crucial distinction.

Feature	Union Territories without Legislature	Union Territories with Legislature
Examples (Current)	Chandigarh, Lakshadweep, Andaman & Nicobar Islands, Dadra & Nagar Haveli and Daman & Diu, Ladakh.	Puducherry, Jammu & Kashmir, and the National Capital Territory of Delhi.
Legislative Power	Parliament has the exclusive power of legislation. There is no local assembly.	Have an elected Legislative Assembly and a Council of Ministers headed by a Chief Minister.
Scope of Assembly’s Power	Not Applicable.	The Assembly can make laws on most subjects of the State List and the Concurrent List.
Relationship of Administrator with CoM	The Administrator runs the UT with the help of advisors.	The Lieutenant Governor (LG) is bound by the aid and advice of the Council of Ministers, EXCEPT for matters where he is required to act in his discretion.
Overriding Power of Centre	Absolute and direct.	Parliament’s law-making power on the State List for these UTs is not taken away. A law of Parliament can override a law made by the Assembly of a UT.

The Special Case of Delhi (National Capital Territory – NCT):

Delhi’s status is unique and has been a major source of political and constitutional conflict.

A. Constitutional Status:
- The 69th Constitutional Amendment Act of 1991 added Article 239AA and 239AB, granting special status to the UT of Delhi.
- It was re-designated as the National Capital Territory of Delhi.
- The Administrator was designated as the Lieutenant Governor (LG).
Legislative Powers of Delhi Assembly:
- The Delhi Assembly can make laws on all matters of the State List and the Concurrent List EXCEPT for three subjects which are reserved for the Union Parliament:
  1. Public Order
  2. Police
  3. Land
The Core Conflict (LG vs. Elected Government):
- Article 239AA(4): States that in the case of a difference of opinion between the LG and his ministers on any matter, the LG shall refer it to the President for a decision and act according to the President’s decision. Pending such a decision, the LG can take immediate action if the matter is urgent.
- The Interpretation Tussle:

- - The Union Government has often interpreted this to mean that the LG’s concurrence is needed on all matters.
  - The elected Government of Delhi has argued that the LG is bound by the aid and advice of the Council of Ministers on all matters except the three reserved subjects.

Key Supreme Court Judgements:
- Govt. of NCT of Delhi vs. Union of India (2018 & 2023): The Supreme Court has, in a series of judgments, tried to clarify the power balance. The broad ruling is that the LG is bound by the aid and advice of the elected government on all matters except the three reserved subjects (Police, Public Order, Land). The “difference of opinion” clause should not be used mechanically for every matter but only in exceptional circumstances.
Government of National Capital Territory of Delhi (Amendment) Act, 2021:
- This controversial Act, passed by Parliament, has been criticized for increasing the discretionary powers of the LG and effectively stating that the “Government” in Delhi means the “Lieutenant Governor.” This has intensified the conflict.

Key Issues and Challenges:

Lack of Democratic Control: In UTs without a legislature, the local population has no say in their own governance.
Centre-State Tussle: In UTs with a legislature, especially Delhi, there is a constant power struggle between the centrally appointed LG and the elected state government, leading to administrative paralysis and undermining the democratic mandate.
Demand for Statehood: The demand for full statehood for Delhi and Puducherry is a long-standing one, driven by the desire for greater autonomy and democratic control over all subjects, including police and land.
Bureaucratic vs. Political Governance: The administration is often run by bureaucrats who are accountable to the Union Home Ministry, not to the local people

Federalism:

This can be broken down into:

Defining Federalism: The core concept.
The Indian Federal System: Analyzing its federal and non-federal (unitary) features.
The Unique Nature of Indian Federalism: Terminology and judicial interpretation.
Differentiating from other forms of Federalism (Comparative Analysis): Primarily with the USA.
Contemporary Issues and Challenges to Indian Federalism.

Defining Federalism:

Definition:
- Federalism is a system of government in which power is divided between a central authority (national government) and various constituent units (regional governments like states).
- Both the national and regional governments are sovereign in their own spheres and derive their authority directly from the Constitution.
Core Features of a Federation (The “Federal Principle”):

Dual Government/Polity:A national government and regional governments.
Written Constitution:To clearly specify the division of powers.
Division of Powers:The Constitution divides powers between the Centre and the states through legislative lists.
Supremacy of the Constitution:The Constitution is the supreme law of the land, and laws made by both Centre and states must conform to it.
Rigid Constitution:The provisions related to the federal structure cannot be amended unilaterally by the Centre.
Independent Judiciary:To act as the guardian of the Constitution and to settle disputes between the Centre and the states.
Bicameral Legislature:The Upper House (like Rajya Sabha or the US Senate) usually represents the interests of the states.

The Indian Federal System:

The Indian Constitution possesses most of the features of a federation, but with significant exceptions.

Federal Features of the Indian Constitution:
- Dual Polity: The Union at the Centre and the states at the periphery.
- Written Constitution: The world’s lengthiest.
- Division of Powers: Clearly demarcated through the three lists in the Seventh Schedule (Union List, State List, Concurrent List).
- Supremacy of the Constitution.
- Rigid Constitution: Amendment of federal provisions requires a special majority of Parliament plus ratification by half of the states.
- Independent Judiciary: The Supreme Court.
- Bicameralism: The Rajya Sabha.
Non-Federal or Unitary Features of the Indian Constitution (This is the key to its uniqueness):
- 1. Strong Centre:
  - The Union List contains more subjects and more important subjects than the State List.
  - The Centre has overriding authority on the Concurrent List.
  - Residuary powers are vested with the Centre (unlike the USA).
- 2. States Not Indestructible: Parliament can unilaterally change the area, boundaries, or name of a state by a simple majority (Article 3). This led to the description of India as an “indestructible Union of destructible states.”
- 3. Single Constitution: Both the Centre and the states must operate within the framework of a single Constitution.
- 4. Single Citizenship.
- 5. Flexibility of the Constitution: A significant part of the Constitution can be amended by Parliament alone.
- 6. Integrated Judiciary.
- 7. Appointment of State Governor: The Governor is appointed by the President and acts as an agent of the Centre.
- 8. All-India Services (IAS, IPS, IFS): Recruited by the Centre but serve in the states, giving the Centre significant influence over state administration.
- 9. Emergency Provisions (Articles 352, 356, 360): During an emergency, the entire system can become unitary.

The Unique Nature of Indian Federalism:

Terminology used to describe it:
- “Quasi-federal” – K.C. Wheare.
- “Bargaining federalism” – Morris Jones.
- “Cooperative federalism” – Granville Austin.
- “Federation with a centralising tendency” – Ivor Jennings.
Dr. Ambedkar’s View: He argued that the Indian system is federal in normal times but can be made unitary in times of emergency, providing for both unity and diversity.
Supreme Court’s View (S.R. Bommai case, 1994):
- The Supreme Court held that federalism is a part of the “basic structure” of the Constitution. It stated that states are not mere appendages of the Centre, and they have their own constitutional existence.

Differentiating from other forms of Federalism (Comparative Analysis):

The best comparison is with the United States, which is considered a classic or “true” federation.

Feature	Indian Federalism (“Holding Together” Federation)	US Federalism (“Coming Together” Federation)
Formation	Formed when a large country decided to divide its power between the national government and the states for administrative convenience and to accommodate diversity.	Formed when independent states came together to form a bigger unit, pooling sovereignty while retaining their individual identity.
Power of States	States have less power compared to the Centre.	States are more powerful and autonomous compared to the federal government.
Sovereignty	The Constitution does not recognize dual sovereignty. The Union and States are sovereign only within the spheres allotted to them by the Constitution.	The states and the federal government have their own separate sovereignties (Dual Sovereignty).
Citizenship	Single Citizenship for the entire country.	Dual Citizenship (Federal and State).
Constitution	Single Constitution for both the Union and the States.	States have their own constitutions separate from the federal constitution.
Residuary Powers	Vested with the Centre.	Vested with the States.
Nature of States	States are destructible. Parliament can alter their boundaries.	States are indestructible. The consent of a state is required to alter its boundaries. The US is an “indestructible Union of indestructible states.”
Judiciary	Integrated Judiciary with the Supreme Court at the apex.	Dual Judiciary with separate federal and state court systems.
Appointment of Governor	Governor of a state is appointed by the President.	The head of a state (Governor) is directly elected by the people of that state.
Representation in Upper House	Representation in the Rajya Sabha is unequal, based on population.	Representation in the Senate is equal for all states (2 senators per state), regardless of size.

Contemporary Issues and Challenges to Indian Federalism:

Role of the Governor: The alleged partisan role of the Governor, especially in recommending President’s Rule (Art 356) and in matters of forming state governments.
Fiscal Federalism:
- States complain about over-dependence on the Centre for funds.
- Issues related to the recommendations of the Finance Commission.
- Controversies surrounding the Goods and Services Tax (GST), especially regarding compensation to states.
Centralization Tendencies:
- The Centre’s increasing encroachment on the State List and Concurrent List through legislation.
- The use of Central agencies (CBI, ED) in states ruled by opposition parties.
Inter-State Disputes:
- Water disputes (e.g., Cauvery, Mahanadi).
- Border disputes (e.g., Maharashtra-Karnataka).
Demands for State Autonomy and Statehood:
- Continuous demands for greater financial and administrative autonomy.
From Cooperative to Competitive Federalism:
- Cooperative Federalism: Centre and states cooperate to solve common problems (e.g., GST Council).
- Competitive Federalism: States compete with each other to attract investment and improve governance (e.g., NITI Aayog’s ranking of states). The challenge is to ensure this competition does not worsen regional disparities.

Union – State Relations:

The best way to study it is to break it down into the three constitutionally defined spheres of relations, and then analyze the tensions and mechanisms for cooperation.

Framework:

Legislative Relations: Who can make laws on what?
Administrative Relations: How are the laws implemented and powers exercised?
Financial Relations: How is the money divided and managed?
Trends and Challenges in Centre-State Relations (including the role of key commissions).

Legislative Relations (Part XI, Chapter I, Articles 245-255):

This deals with the distribution of law-making power.

Territorial Extent of Central and State Legislation (Article 245):
- Parliament: Can make laws for the whole or any part of the territory of India. It also has extra-territorial jurisdiction (its laws apply to Indian citizens and their property anywhere in the world).
- State Legislature: Can make laws for the whole or any part of the state. Its laws are not applicable outside the state, except when there is a sufficient nexus between the state and the object.
Distribution of Legislative Subjects (Article 246 & Seventh Schedule):
- This is the cornerstone of legislative relations. The Constitution provides for a three-fold distribution of legislative subjects:
- List-I (The Union List):
  - Parliament has exclusive power to make laws.
  - Subjects of national importance.
  - Examples: Defence, banking, foreign affairs, currency, atomic energy, census, railways.
- List-II (The State List):
  - State legislatures have exclusive power to make laws in normal circumstances.
  - Subjects of local or regional importance.
  - Examples: Public order, police, public health and sanitation, agriculture, prisons, local government.
- List-III (The Concurrent List):
  - Both Parliament and state legislatures can make laws.
  - Subjects where uniformity of legislation is desirable but not essential.
  - Examples: Criminal law and procedure, civil procedure, marriage and divorce, education, forests, trade unions, electricity.
  - Rule of Repugnancy (Article 254): If a state law on a concurrent subject is repugnant to a Union law, the Union law prevails.
- Residuary Powers (Article 248): Parliament has the exclusive power to make any law with respect to any matter not enumerated in the Concurrent or State Lists. This reflects the unitary bias of the Indian federation.
Parliamentary Legislation in the State Field (The Unitary Features):
- The Constitution allows Parliament to legislate on subjects in the State List under five extraordinary circumstances:

When Rajya Sabha passes a resolution (Article 249):If the RS declares it necessary in the national interest.
During a National Emergency (Article 250).
When states make a request (Article 252):If two or more states pass resolutions requesting Parliament to legislate.
To implement international agreements (Article 253).
During President’s Rule (Article 356).

Centre’s Control over State Legislation:
- The Governor can reserve certain types of bills passed by the state legislature for the consideration of the President (Article 200). The President enjoys an absolute veto over such bills.

Administrative Relations (Part XI, Chapter II, Articles 256-263):

This deals with the executive powers. Generally, the executive power follows the legislative power.

Distribution of Executive Powers:
- The executive power of the Centre extends to the subjects in the Union List.
- The executive power of the states extends to the subjects in the State List.
- In the case of the Concurrent List, the executive power ordinarily rests with the states, except when Parliament directs otherwise.
Obligation of States and the Centre (Key provisions for Central control):
- Article 256: The executive power of every state shall be so exercised as to ensure compliance with the laws made by Parliament.
- Article 257: The executive power of every state shall be so exercised as not to impede or prejudice the executive power of the Union.
- The Centre can give directions to the states to this effect. The sanction behind these directions is Article 365, which states that if a state fails to comply with any directions from the Centre, it can be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the Constitution (i.e., it can be a ground for imposing President’s Rule).
Centre’s Directions to the States:
- On matters like construction and maintenance of means of communication of national importance, and measures for the protection of the railways.
Mechanisms for Cooperation (Cooperative Federalism):
- Article 263: Inter-State Council: The President can establish an Inter-State Council to inquire into and advise upon disputes between states, and to discuss subjects of common interest.
- Full Faith and Credit Clause (Article 261): Public acts, records, and judicial proceedings of the Centre and every state are to be given full faith and credit throughout India.
- Article 262: Inter-State Water Disputes: Parliament may by law provide for the adjudication of any dispute with respect to the use, distribution, or control of the waters of any inter-state river.
- Zonal Councils: Statutory bodies established by the States Reorganisation Act, 1956, to promote cooperation.
- All-India Services (Article 312): These are common to both the Centre and the states and serve as another instrument of cooperation (and also central control).

Financial Relations (Part XII, Chapter I, Articles 268-293):

This deals with the allocation of taxing powers and the distribution of financial resources.

Allocation of Taxing Powers:
- The Constitution makes a clear-cut division.
- Parliament has exclusive power to levy taxes on subjects in the Union List (e.g., customs, corporation tax, income tax).
- State legislatures have exclusive power to levy taxes on subjects in the State List (e.g., taxes on agricultural income, land and buildings, alcohol).
- Both can levy taxes on subjects in the Concurrent List. (No tax entries in the Concurrent List now after GST).
- Residuary power of taxation belongs to the Parliament.
The Advent of GST (101st Amendment Act, 2016):
- This has fundamentally restructured the indirect tax landscape.
- It created a single, destination-based tax and subsumed many central and state indirect taxes.
- The GST Council (a federal body with representation from both Centre and States) decides on GST rates and other related matters, representing a key institution of fiscal cooperative federalism.
Distribution of Tax Revenues (Fiscal Federalism):
- Taxes Levied by Centre but Collected and Appropriated by States: (e.g., stamp duties).
- Taxes Levied and Collected by Centre but Assigned to the States: (e.g., taxes on the sale of goods in the course of inter-state trade).
- Taxes Levied and Collected by Centre and Distributed between Centre and States: The proceeds from certain taxes (like income tax, central excise) are shared. The principles of sharing are determined by the Finance Commission (Article 280).
Grants-in-Aid to the States:
- The Constitution provides for grants-in-aid from the Centre to the states.
- 1. Statutory Grants (Article 275): Parliament can make grants to states that are in need of financial assistance. These are made on the recommendation of the Finance Commission.
- 2. Discretionary Grants (Article 282): Both the Centre and the states can make grants for any public purpose. These are not based on the Finance Commission’s recommendations and have been a source of friction, as the Centre can use them to favor certain states.

Trends and Challenges in Centre-State Relations:

The Role of the Governor: Often seen as acting as an agent of the Centre, leading to conflicts.
Imposition of President’s Rule (Article 356): Has been frequently misused for political reasons, though the S.R. Bommai case has put some checks.
Fiscal Issues: States’ over-dependence on the Centre for funds, disputes over GST compensation.
Centralization Tendencies: The Centre’s increasing legislative and administrative dominance.
Role of Key Commissions:
- Administrative Reforms Commission (ARC).
- Rajamannar Committee (by Tamil Nadu govt.).
- Sarkaria Commission (1983-88): Gave a comprehensive set of recommendations to improve Centre-State relations, emphasizing cooperative federalism.
- Punchhi Commission (2007-10): Provided an updated set of recommendations.
- (Knowing 2-3 key recommendations of the Sarkaria and Punchhi commissions is very important).

Civil Service in India:

This can be broken down into a logical flow, as laid out in the syllabus itself.

Framework:

The Concept of Civil Service: What it is and its role.
Historical Background: Evolution of the civil services in India.
Classification of Civil Services: The structure of the services.
Recruitment: How civil servants are selected.
Training: How they are prepared for their roles.
Challenges and Needed Reforms.

The Concept of Civil Service:

Definition:
- The Civil Service is the permanent, professional, and politically neutral executive wing of the government. It consists of career civil servants who are responsible for the implementation of laws and policies and for running the day-to-day administration of the country.
Key Characteristics (based on Max Weber’s model of bureaucracy):
- Permanence: They are permanent employees, continuing in office even when the political executive (the government) changes.
- Political Neutrality: They are expected to serve the government of the day faithfully, regardless of its political ideology.
- Anonymity: They work behind the scenes, and it is the minister who is ultimately responsible to the legislature.
- Hierarchy: A clear chain of command.
- Recruitment based on Merit.
Role of Civil Services in a Democracy:
- Policy Formulation (providing advice and feedback to the political executive).
- Policy Implementation (the primary role).
- Administrative Adjudication.
- Ensuring continuity in administration during political transitions.
- Acting as an instrument of socio-economic change and development.

Historical Background:

Ancient and Medieval India:
- Organized administrative systems existed (e.g., Mauryan administration with its adhyakshas and amatyas; Mughal administration with its mansabdari system). However, these were not modern civil services as they were based on personal loyalty to the ruler.
The British Era (The Foundation of the Modern Civil Service):
- Early EIC Period: Based on patronage and corruption.
- Charter Act of 1853: Introduced a system of open competition for recruitment into the Covenanted Civil Service, ending the patronage system. Macaulay Committee (1854) laid the foundation.
- Government of India Act, 1858: The service came to be known as the Indian Civil Service (ICS). It was the elite service, the “steel frame” that held the British Raj together.
- Indianisation: Initially, the ICS was dominated by the British. After sustained demands from Indian nationalists, the process of Indianisation began slowly.
- Aitchison Commission (1886), Islington Commission (1912), Lee Commission (1924): These commissions made recommendations regarding the structure and Indianisation of the services. The Lee Commission recommended the creation of a Public Service Commission, which was established in 1926.
Post-Independence:
- There was a debate on whether to continue with the colonial ICS structure.
- Sardar Vallabhbhai Patel was the strongest advocate for retaining the services, especially the All-India Services, as a pillar of national unity and administrative stability. He is regarded as the “Father of the All-India Services.”
- The ICS was renamed the Indian Administrative Service (IAS), and the Indian Police was renamed the Indian Police Service (IPS).

Classification of Civil Services:

The services under the Union and the states can be classified into three categories:

All-India Services (AIS) (Article 312):
- Definition: These services are common to both the Centre and the states. The members are recruited and trained by the Central Government but are assigned to different State Cadres. They serve under the state governments but can also be deputed to the Centre.
- Key Feature: They represent a key unitary feature of the Indian federation, providing a uniform administrative standard and acting as a link between the Centre and the states.
- Current AIS:
  1. Indian Administrative Service (IAS)
  2. Indian Police Service (IPS)
  3. Indian Forest Service (IFoS) (was constituted in 1966).
- Control: The ultimate control lies with the Central Government, while the immediate control lies with the state government.
- Creation: New All-India Services can be created only if the Rajya Sabha passes a resolution to that effect with a two-thirds majority (Article 312).
Central Services:
- Definition: These are services whose members work under the exclusive jurisdiction of the Central Government. They hold posts on subjects in the Union List.
- Classification: Group A, B, C, and D.
- Examples of Group A Central Services: Indian Foreign Service (IFS), Indian Revenue Service (IRS), Indian Audit and Accounts Service (IAAS).
State Services (or Provincial Services):
- Definition: These are services whose members work under the exclusive jurisdiction of the State Government. They hold posts on subjects in the State List.
- Examples: State Civil Service (e.g., Deputy Collector), State Police Service (e.g., Deputy Superintendent of Police).

Recruitment:

Recruitment Agencies:
- Union Public Service Commission (UPSC): The central recruiting agency. It is a Constitutional Body (Articles 315-323). It conducts the Civil Services Examination for recruitment to the All-India Services and Group A & B of the Central Services.
- State Public Service Commissions (SPSC): Each state has an SPSC for recruitment to the State Services.
- Staff Selection Commission (SSC): For recruitment to non-gazetted, Group C and D posts under the Central Government.
The Recruitment Process:
- It is an open, competitive examination process designed to select candidates based on merit.
- The UPSC’s Civil Services Examination is a multi-stage process (Preliminary, Mains, Interview/Personality Test).
Constitutional Safeguards for Civil Servants:
- Article 311: Provides protection against arbitrary dismissal, removal, or reduction in rank. It states that a civil servant cannot be dismissed or removed by an authority subordinate to that by which he was appointed, and that they must be given a reasonable opportunity of being heard in respect of the charges.
- Doctrine of Pleasure (Article 310): Civil servants hold office during the pleasure of the President or the Governor. However, this pleasure is not absolute and is subject to the provisions of Article 311.

Training:

Objective of Training:
- To impart the necessary knowledge, skills, and attitudes to the recruits to enable them to perform their duties effectively.
Types of Training:
- Foundational Training: A common course for all recruits of the All-India Services and Central Services (Group A). It aims to build camaraderie and impart basic administrative and constitutional knowledge.
  - Key Institution: Lal Bahadur Shastri National Academy of Administration (LBSNAA), Mussoorie.
- Professional Training (Phase I & II): After the foundation course, officer trainees go to their respective staff colleges for specialized, service-specific training.
  - Key Institutions:
    - Sardar Vallabhbhai Patel National Police Academy (SVPNPA), Hyderabad (for IPS).
    - Indira Gandhi National Forest Academy (IGNFA), Dehradun (for IFoS).
    - National Academy of Audit and Accounts, Shimla (for IAAS).
- In-Service Training / Mid-Career Training: Continuous training programs throughout an officer’s career to update their skills and prepare them for higher responsibilities.
Training Methodology:
- Includes lectures, case studies, field visits (“Bharat Darshan”), attachments with the army, district training, and adventure sports to build team spirit and resilience.

Challenges and Needed Reforms:

Recruitment:
- The exam is criticized for being too academic and not testing the actual aptitude required for administration.
- Debates around the ideal age of entry.
Training:
- Training is sometimes criticized for being too theoretical and not adequately preparing officers for the complex ground realities.
- Need for more focus on domain expertise and ethical training.
Overall Civil Service Issues (Broader context):
- Politicization: Political interference in postings and transfers.
- Corruption.
- Rule-book Bureaucracy: Rigid adherence to rules rather than focusing on outcomes.
- Lack of Specialization: The generalist nature of the IAS is debated in an age of specialization. The introduction of Lateral Entry is an attempt to address this.
- Lack of Accountability.
The Way Forward (Mission Karmayogi):
- The government has launched the National Programme for Civil Services Capacity Building – “Mission Karmayogi.”
- Vision: A landmark reform that aims to transform the civil service from being “rule-based” to “role-based.”
- Key Features:
  - Focus on continuous and life-long learning.
  - Creation of an iGOT-Karmayogi digital platform to deliver training.
  - A shift to competency-based human resource management.

Political Parties

This can be broken down into:

Defining a Political Party and its components.
Functions and Role of Political Parties in a democracy.
The Indian Party System: Its nature and evolution.
National vs. Regional Parties: The criteria for recognition and their respective roles.
Challenges faced by political parties in India.
Reforms Needed in the party system.

Defining a Political Party:

Definition:
- A political party is a group of people who come together to contest elections and hold power in the government.
- They agree on some policies and programmes for the society with a view to promoting the collective good.
Three Components of a Political Party:

The Leaders:The active members who formulate policies and choose candidates.
The Active Members:Involved in party work, meetings, and campaigns.
The Followers:The citizens who believe in the party’s ideology and vote for it.

Functions and Role of Political Parties in a Democracy:

Contesting Elections: The primary function. Parties select their candidates and put them up in elections.
Forming and Running Governments: The party that wins a majority forms the government and implements its policies.
Playing the Role of Opposition: Parties that lose the election play the crucial role of the opposition. They criticize the government for its failures or wrong policies, thus keeping it in check.
Shaping Public Opinion: They raise and highlight issues, organize movements, and use media to influence public opinion on important matters.
Political Education and Socialization: They educate the public about political issues and their rights, and mobilize them to participate in the political process.
Providing Access to Government Machinery and Welfare Schemes: For ordinary citizens, the local party leader is often the most accessible link to the government to solve their problems or access welfare schemes.
Aggregation of Interests: They bring together diverse interests and demands from different sections of society onto a common platform.

The Indian Party System:

Nature: India has a multi-party system.
Evolution:
- One-Party Dominance System (c. 1952-1967): The “Congress System,” characterized by the dominance of the Indian National Congress at both the Centre and in most states.
- Emergence of Opposition and Challenge (1967-1989): The 1967 elections saw the decline of Congress dominance and the rise of regional parties and coalition governments (SVD governments) in several states.
- Era of Coalitions (1989-2014): A long phase where no single party secured a majority at the Centre, leading to coalition governments (e.g., National Front, United Front, NDA-I, UPA-I & II). This period saw a significant rise in the power and influence of regional parties.
- Return to Single-Party Dominance (2014-Present): The BJP securing a majority on its own in 2014 and 2019, leading to a new phase of national party dominance, though regional parties remain very strong in their respective states.

National vs. Regional Parties:

The Election Commission of India (ECI) recognizes parties as National or State/Regional parties based on their performance in elections, as per the Election Symbols (Reservation and Allotment) Order, 1968.

Criteria for Recognition as a National Party: (A party has to satisfy any one of these three conditions)
1. It secures at least 6% of the valid votes polled in any four or more states in a general election to the Lok Sabha or to the Legislative Assembly; AND, in addition, it wins at least 4 seats in the Lok Sabha from any state or states.
2. It wins at least 2% of the total seats in the Lok Sabha (i.e., 11 seats) from at least three different states.
3. It is recognized as a State party in at least four states.
Criteria for Recognition as a State/Regional Party: (A party has to satisfy any one of the several conditions, the most common being):
1. It secures at least 6% of the valid votes polled in the state in a general election to the state’s Legislative Assembly; AND, in addition, it wins at least 2 seats in the assembly.
2. It secures at least 6% of the valid votes polled in the state in a general election to the Lok Sabha; AND, in addition, it wins at least 1 seat in the Lok Sabha from that state.
Role and Significance:

- National Parties:
  - Have a nationwide presence and outlook.
  - Focus on issues of national importance (defence, foreign policy, macro-economy).
  - Aim to form the government at the Centre.
  - Examples: BJP, INC, CPI(M), etc. (The list can change).
- Regional Parties:
  - Presence is limited to a specific state or region.
  - Focus on regional issues, culture, language, and demands for state autonomy.
  - Strengthen Federalism: They act as a check on the centralizing tendencies of the national government.
  - Role in Coalition Governments: They have played a crucial “kingmaker” role during coalition eras.
  - Examples: DMK, AIADMK (Tamil Nadu), BJD (Odisha), TRS/BRS (Telangana), YSRCP (Andhra Pradesh), TMC (West Bengal).

Challenges Faced by Political Parties in India:

This is a critical area for analysis.

Lack of Internal Democracy:
- Power is often concentrated in the hands of one or a few leaders at the top.
- Lack of regular organizational elections, and membership registers are often fudged.
- This leads to a situation where ordinary workers have no say in major decisions or in the selection of candidates.
Challenge of Dynastic Succession:
- Leadership positions and party tickets are often passed down from one generation to the next within a family. This is prevalent across most parties and is a threat to meritocracy.
Growing Role of Money and Muscle Power:
- Parties tend to nominate candidates who can raise large amounts of money or have criminal backgrounds (winnability factor).
- The high cost of elections leads to corruption and dependence on unaccounted funds.
Lack of Meaningful Choice for Voters:
- There is often a decline in ideological differences between major parties. They seem to agree on most fundamental policy issues, leaving voters with little real choice.
Opportunistic Alliances and Defections:
- Alliances are often formed without any ideological basis, purely for the sake of gaining power.
- Defections by elected representatives for personal gain undermine the democratic mandate (the Anti-Defection law has had limited success).
Rise of Identity Politics:
- Over-reliance on caste and religion for political mobilization can deepen social divisions.

Reforms Needed in the Party System:

Regulating the Internal Functioning of Parties:
- There is a need for a law to regulate the internal affairs of political parties, mandating internal democracy, organizational elections, and financial transparency. The Law Commission and Election Commission have made recommendations in this regard.
State Funding of Elections:
- To curb the role of black money, it is often suggested that the state should fund the election expenses of political parties. (Indrajit Gupta Committee recommended this).
Financial Transparency:
- Bringing political parties under the ambit of the Right to Information (RTI) Act.
- Strengthening the auditing of party finances.
Strengthening the Anti-Defection Law:
- Giving the power to decide on defection cases to the President/Governor on the advice of the Election Commission, instead of the Speaker, to reduce the scope of political bias.
Voter Awareness:
- Empowering voters to make informed choices based on the performance and policies of parties and candidates, rather than on caste or religious considerations.

Pressure groups – Public opinion – Mass Media – social media – Non – Governmental Organizations

This topic can be understood as an ecosystem of influence.

The Actors: Pressure Groups and NGOs.
The Force: Public Opinion.
The Channels/Platforms: Mass Media and Social Media.

Let’s break down each component.

Pressure Groups:

Definition:
- Pressure groups are organizations that are formed when people with common occupations, interests, aspirations, or opinions come together in order to achieve a specific objective by influencing government policy.
- They are also known as “interest groups” or “vested groups.”
Distinction from Political Parties:
- Unlike political parties, pressure groups do not aim to directly contest elections or capture political power.
- Their aim is to influence the government from the outside to make policies favorable to their interests.
Types of Pressure Groups in India:
- 1. Business Groups: The most powerful and organized. (e.g., FICCI, CII, ASSOCHAM).
- 2. Trade Unions: Representing industrial workers. (e.g., AITUC, INTUC, BMS).
- 3. Agrarian/Farmers’ Groups: (e.g., Bharatiya Kisan Union, All India Kisan Sabha).
- 4. Professional Associations: (e.g., Indian Medical Association – IMA, Bar Council of India).
- 5. Student Organizations: (e.g., ABVP, NSUI).
- 6. Religious/Communal Groups: (e.g., RSS, VHP, Jamaat-e-Islami).
- 7. Caste Groups: (e.g., various caste-based federations).
- 8. Ideology-based/Promotional Groups: These groups work for a specific cause or the public good, not for the interests of their own members. NGOs often function as promotional pressure groups. (e.g., Narmada Bachao Andolan, Association for Democratic Reforms – ADR).
Methods used by Pressure Groups (Techniques of Influence):
- Lobbying: Persuading public officials and legislators to support their cause.
- Public Debates and Information Campaigns: Using media to shape public opinion.
- Protests, Strikes, and Demonstrations: To put pressure on the government.
- Influencing Political Party Manifestos and Candidate Selection.
- Filing Petitions and Public Interest Litigations (PILs) in courts.
Role in Indian Polity:
- Positive Role:
  - Represent interests that may be overlooked by political parties.
  - Provide a crucial link between the people and the government.
  - Provide useful information and expertise to the government during policy-making.
  - Act as a check on the power of the government.
- Negative Role:
  - Can promote narrow, selfish interests at the expense of the national interest.
  - Can use unconstitutional or illegitimate methods like violence and corruption.
  - Unequal influence: Powerful business groups often have more influence than groups representing the poor.

Non-Governmental Organizations (NGOs):

Role in the Polity:
- NGOs are a type of promotional pressure group.
- They work on a wide range of issues like environmental protection, human rights, gender justice, and rights of the poor.
- Key Difference from other Pressure Groups: While a trade union works for the benefit of its own members (workers), an NGO like the MKSS (which fought for RTI) works for a right that benefits all citizens. Their interest is the “public interest.”
- They play a crucial watchdog and advocacy role, holding the government accountable.

Public Opinion:

Definition:
- Public opinion is the collective attitude, preference, or belief of the adult population on a significant public issue.
Importance in a Democracy:
- It is the ultimate source of legitimacy for a democratic government. Governments that ignore public opinion risk losing power in the next election.
- It acts as a guide for policymakers.
- It acts as a check on the government, preventing it from becoming tyrannical.
Agencies that Shape Public Opinion:
- Political Parties.
- Pressure Groups.
- Educational Institutions.
- Family and Social Groups.
- Mass Media and Social Media (The most powerful agents).
How is it Measured?
- Elections are the most definitive expression of public opinion.
- Opinion polls and surveys.
- Media coverage and editorials.
- Protests and demonstrations.

Mass Media (Traditional Media):

Definition:
- Forms of communication that reach a large audience. Includes print media (newspapers, magazines) and electronic media (radio, television).
Role in the Polity:
- “Fourth Estate” of Democracy: The media is considered the fourth pillar of democracy, alongside the legislature, executive, and judiciary.
- 1. Informing the Public: Providing news and information about government policies and public issues.
- 2. Shaping Public Opinion: Through editorials, debates, and the way they frame issues.
- 3. Watchdog Role: Exposing corruption, administrative lapses, and misuse of power (investigative journalism).
- 4. Setting the Agenda: Influencing which issues are considered important by the public and policymakers.
Challenges and Issues:
- Paid News and “Yellow Journalism”: Publishing biased or false news for money or sensationalism.
- Corporate Ownership and Political Bias: Media houses owned by large corporations or with political affiliations may not be neutral or objective.
- Trivialization of News: Focusing on entertainment and trivial issues over serious public concerns.
- Trial by Media: Pronouncing someone guilty before the courts have given a verdict.

Social Media (New Media):

Definition:
- Web-based and mobile-based technologies that facilitate interactive dialogue, content sharing, and community formation.
- Examples: Twitter (X), Facebook, WhatsApp, Instagram, YouTube.
Role in the Polity (The Game-Changer):
- 1. Democratization of Information: Allows ordinary citizens to become content creators and express their opinions, bypassing traditional media gatekeepers.
- 2. Tool for Mass Mobilization: A powerful and fast tool for organizing protests and social movements.
  - Examples: Arab Spring, India Against Corruption movement, Jallikattu protests.
- 3. Direct Communication: Allows political leaders to communicate directly with citizens.
- 4. Citizen Journalism and Accountability: Enables citizens to report events in real-time and hold officials accountable.
Challenges and Issues (The Dark Side):
- 1. “Fake News,” Disinformation, and Propaganda: The biggest challenge. The rapid, unverified spread of false information can incite violence, create social unrest, and manipulate public opinion.
- 2. Echo Chambers and Filter Bubbles: Algorithms tend to show users content that confirms their existing biases, leading to political polarization and extremism.
- 3. Hate Speech and Trolling: Used to spread hatred against communities and to silence dissenting voices, especially women and minorities.
- 4. Foreign Interference: Can be used by external actors to interfere in a country’s elections and internal affairs.
- 5. Lack of Accountability: The anonymity and global nature of social media platforms make it difficult to regulate them and hold them accountable.

Central Vigilance Commission – Anti-Corruption measures – Lokadalat – Lokayukta – Lokpal – Ombudsman in India – RTI Act – Citizen’s Grievances and Administrative Reform Commission:

This can be broken down into three main themes:

Anti-Corruption Architecture.
Grievance Redressal and Justice Delivery Mechanisms.
The Overarching Reform Agenda (ARC).

ANTI-CORRUPTION ARCHITECTURE

Central Vigilance Commission (CVC):
- 1. What is it? The apex vigilance institution in India, created to address governmental corruption.
- 2. Status: It is a statutory body, given statutory status by the CVC Act, 2003. It is not a constitutional body.
- 3. Genesis: Created in 1964 by an executive resolution on the recommendation of the Santhanam Committee on Prevention of Corruption.
- 4. Composition: A Central Vigilance Commissioner (Chairperson) and not more than two Vigilance Commissioners.
- 5. Appointment: Appointed by the President on the recommendation of a three-member committee consisting of the Prime Minister (Chair), the Union Home Minister, and the Leader of the Opposition in the Lok Sabha.
- Vineet Narain Case lead to statutory Status
- 6. Functions:
  - To exercise superintendence over the functioning of the Delhi Special Police Establishment (CBI) in so far as it relates to the investigation of offences under the Prevention of Corruption Act.
  - To tender advice to central government agencies in vigilance matters.
  - To exercise superintendence over the vigilance administrations of various central government ministries.
- 7. Jurisdiction: Extends to members of All-India Services, Group A officers of the Central Government, and other specified categories of public servants.
- 8. Limitations:
  - It is an advisory body. Its advice is not binding on the government.
  - It is not an investigating agency. It gets investigations done through the CBI or the Chief Vigilance Officers (CVOs) in government departments.
  - Often seen as a “toothless tiger.”
Lokpal and Lokayuktas (The Ombudsman System):
- 1. What is an Ombudsman? An independent, high-level official who is responsible for investigating complaints of maladministration and corruption against public officials. The concept originated in Sweden.
- 2. Lokpal (at the Centre) and Lokayukta (in the States):
  - These are the Indian versions of the ombudsman.
  - They were established by the Lokpal and Lokayuktas Act, 2013, enacted after the massive India Against Corruption movement.
- 3. The Lokpal:
  - Jurisdiction: Very wide. Includes the Prime Minister, ministers, MPs, and all categories of public servants.
  - Structure: A multi-member body, with a Chairperson and a maximum of 8 members.
  - Appointment: By the President on the recommendation of a high-powered selection committee (PM, Speaker of Lok Sabha, Leader of Opposition in Lok Sabha, CJI or his nominee, and an eminent jurist).
  - Powers: Has powers of inquiry and investigation (through its own inquiry wing and the CBI). It has the powers of a civil court.
- 4. The Lokayukta:
  - The Act of 2013 mandates states to establish the institution of Lokayukta within one year.
  - However, the structure, powers, and appointment of the Lokayukta are not uniform across the states. States have been given the freedom to decide on the specifics.
- 5. Challenges: The institution of Lokpal has been criticized for being slow to start and not being as powerful as was originally demanded. The effectiveness of Lokayuktas varies greatly from state to state.
Other Anti-Corruption Measures:
- Prevention of Corruption Act, 1988: The primary criminal law to deal with corruption.
- Central Bureau of Investigation (CBI).
- Enforcement Directorate (ED).
- Whistle Blowers Protection Act, 2014.
- Benami Transactions (Prohibition) Act.

GRIEVANCE REDRESSAL AND JUSTICE DELIVERY

Right to Information (RTI) Act, 2005:
- (Decoded in detail separately).
- Role: While primarily a transparency law, it is also a powerful tool for grievance redressal and anti-corruption.
- How it works: Citizens can use RTI to find out the status of their application, the reasons for delay in service delivery, or the details of public expenditure, which helps them to hold officials accountable and get their grievances addressed. It empowers the citizen against the might of the state.
Citizen’s Grievances:
- Meaning: The gap between the promise of public service delivery and the actual performance, leading to dissatisfaction among citizens.
- Mechanisms for Redressal:
  - Departmental Grievance Cells.
  - Centralized Public Grievance Redress and Monitoring System (CPGRAMS): An online platform for citizens to lodge their grievances.
  - Lok Adalats.
  - Consumer Courts.
  - Citizen’s Charters (which are supposed to contain a grievance redressal mechanism).
Lok Adalat (“People’s Court”):
- 1. What is it? A form of Alternative Dispute Resolution (ADR).
- 2. Status: Given statutory status under the Legal Services Authorities Act, 1987.
- 3. Function: A forum where disputes/cases pending in the court of law or at the pre-litigation stage are settled/compromised amicably.
- 4. Key Features:
  - There are no court fees.
  - The procedure is flexible and speedy.
  - The parties can interact directly with the presiding officer (who is usually a sitting or retired judge).
  - The award (decision) of the Lok Adalat is deemed to be a decree of a civil court and is final and binding on all parties. There is no appeal against the award.
- 5. Significance: Reduces the burden on regular courts, provides speedy and inexpensive justice.

THE OVERARCHING REFORM AGENDA

Administrative Reforms Commission (ARC):
- 1. What is it? High-powered committees appointed by the Government of India to give recommendations for overhauling the Indian administrative system.
- 2. The Two ARCs:
  - First ARC (1966-70): Headed by Morarji Desai and later K. Hanumanthaiah. It was the first comprehensive review of the administration. It recommended the establishment of Lokpal and Lokayuktas.
  - Second ARC (2005-09): Headed by M. Veerappa Moily. It submitted 15 detailed reports on various aspects of governance.
- 3. Significance for this Topic: The reports of the 2nd ARC are a goldmine of information and recommendations. Key reports include:
  - “Ethics in Governance” (4th Report): Recommends a Code of Ethics, strengthening anti-corruption mechanisms, etc.
  - “Public Order” (5th Report): Recommends police reforms.
  - “Local Governance” (6th Report).
  - “Citizen Centric Administration” (12th Report): Deals with grievance redressal, Citizen’s Charters, and the Sevottam model.
- In the exam, quoting the recommendations of the 2nd ARC is extremely important and adds immense value to your answers on governance and ethics.

Administrative Tribunals

This can be broken down into:

Defining Tribunals and Quasi-Judicial Bodies.
The Rationale: Why were Administrative Tribunals created?
The Constitutional Basis: Article 323-A.
The Statutory Basis: The Administrative Tribunals Act, 1985.
Structure and Functioning of CAT and SATs.
Key Issues and Debates, including the relationship with the Judiciary.
Significance and Limitations.

Defining Tribunals and Quasi-Judicial Bodies:

What is a Tribunal?
- A tribunal is a body established to adjudicate or decide upon disputes of a specific nature.
- It is often described as a quasi-judicial body, meaning it has some, but not all, of the powers of a court.
Characteristics of a Quasi-Judicial Body:
- It is not a court in the traditional sense.
- It has to investigate facts, hold hearings, and make decisions based on evidence.
- Its procedure is often more flexible and less formal than that of a court. It is guided by the principles of natural justice, but not strictly bound by the Code of Civil Procedure.
- It typically includes both judicial members and technical/expert members from the relevant field.

The Rationale: Why were Administrative Tribunals created?

To Reduce the Burden on Regular Courts: The High Courts were overburdened with writ petitions related to the service matters of government employees.
To Provide Speedy and Inexpensive Justice: The formal court system is known for its delays and high costs. Tribunals were intended to provide a quicker and cheaper forum for resolving service-related disputes.
To Bring in Specialized Expertise: Service matters often involve complex rules and regulations. Tribunals, with their mix of judicial and administrative members, were expected to have the necessary expertise to handle these cases effectively.
Recommendation of the Swaran Singh Committee: The idea was concretized based on the recommendations of the Swaran Singh Committee during the Emergency.

The Constitutional Basis: Article 323-A:

Introduction: This article was inserted into the Constitution by the 42nd Constitutional Amendment Act, 1976.
Key Provisions of Article 323-A:
- It empowers the Parliament (and only the Parliament) to provide for the establishment of administrative tribunals.
- These tribunals are for the adjudication of disputes relating to recruitment and conditions of service of persons appointed to public services of the Centre, the states, local bodies, public corporations, and other public authorities.
- The article also allowed for the exclusion of the jurisdiction of all courts, except the Supreme Court (under Article 136), for such service matters. (This provision was later struck down by the Supreme Court).

The Statutory Basis: The Administrative Tribunals Act, 1985:

In pursuance of Article 323-A, the Parliament passed this Act.
Key Provisions of the Act:
- It provides for the establishment of the Central Administrative Tribunal (CAT) and State Administrative Tribunals (SATs).
The Central Administrative Tribunal (CAT):
- Established in 1985. Its principal bench is in Delhi, with additional benches in different states.
- Jurisdiction: Covers the service matters of the employees of the Central Government, All-India Services, central public sector undertakings, and other notified organizations. (Note: It does not cover members of the defence forces, officers and servants of the Supreme Court, or the secretarial staff of the Parliament).
State Administrative Tribunals (SATs):
- The Act empowers the Central Government to establish SATs on the specific request of the concerned state governments.
- SATs exercise jurisdiction over the service matters of the employees of that particular state government.

Structure and Functioning of CAT and SATs:

Composition:
- They are multi-member bodies consisting of a Chairman and other members.
- The members are drawn from both judicial and administrative streams.
Procedure:
- They are guided by the principles of natural justice.
- They are not bound by the procedure laid down in the Code of Civil Procedure, 1908, giving them flexibility.
- An aggrieved public servant can directly approach the tribunal without going to a lower court.
Powers:
- They have the powers of a civil court in respect of summoning witnesses, examining documents, etc.
- Their orders are legally binding.

Key Issues and Debates (The Analytical Core):

The Challenge to Judicial Independence and the Role of High Courts:
- The original provision in Article 323-A and the 1985 Act sought to exclude the writ jurisdiction of the High Courts (under Article 226) over the decisions of the tribunals.
- This was seen as a major threat to judicial independence and the principle of judicial review.
The Chandra Kumar vs. Union of India Case (1997):
- This is the landmark Supreme Court judgment on tribunals.
- The Verdict: The Supreme Court struck down the provision that excluded the jurisdiction of the High Courts.
- The Reasoning: The Court held that judicial review by the High Courts under Article 226 and the Supreme Court under Article 32 is a part of the “basic structure” of the Constitution and cannot be taken away by a constitutional amendment or a parliamentary law.
- The Outcome: The SC ruled that an appeal against the order of a CAT/SAT shall now lie before the Division Bench of the concerned High Court. This restored the High Courts’ supervisory role over the tribunals.
Issues of Independence and Autonomy:
- The appointment process, tenure, and conditions of service of tribunal members are largely controlled by the executive. This raises concerns about their independence from the government, which is often the primary litigant in service matters.
Tribunalisation” of Justice:
- The proliferation of numerous tribunals for various subjects has led to a parallel judicial system, which is fragmented and lacks the uniformity and prestige of the regular judiciary.

Significance and Limitations:

Significance / Strengths:
- Have significantly reduced the burden on the High Courts with respect to service matters.
- Provide speedy and relatively inexpensive justice to public servants.
- Bring administrative expertise to the adjudication process.
Limitations / Weaknesses:
- Lack of complete independence from the executive.
- Face problems of vacancies and inadequate infrastructure, which can lead to delays, defeating their original purpose.
- The provision of appeal to the High Court (after the Chandra Kumar case) has added another layer to the litigation process, potentially increasing the time taken for final resolution.

Profile of Indian States: Demography – State Language – Developmental Programmes – e-governance:

This topic is a template to be applied to ANY Indian state. For effective preparation, create this structure and then fill it with relevant information for a few key states Tamil Nadu is of special importance, but you should also be familiar with 2-3 other states from different regions and with varying levels of development (e.g., Maharashtra, Bihar).

Framework: (Apply this framework to each selected state).

Demography: Population size, composition, growth rate, sex ratio, literacy, urbanization.
State Language(s): Official language(s) and linguistic diversity.
Developmental Programmes: Key state government initiatives across different sectors.
e-Governance Initiatives: Specific examples of how the state is using technology for better governance and service delivery.

Demography:

Population Size and Growth:
- Total population (as per Census 2011 – remember that this is still the main official source for demographic data).
- Population density.
- Decadal growth rate (percentage change in population between 2001 and 2011).
- Projected future population.
Population Composition:
- Sex ratio (females per 1000 males). Key districts with skewed sex ratios.
- Age structure (percentage of youth, working-age population, and elderly).
- Rural-urban distribution (percentage of the population living in urban areas).
- Caste composition (percentage of SC and ST population).
- Religious composition (percentage of major religious groups).
Literacy and Education:
- Overall literacy rate.
- Female literacy rate.
- Gross Enrollment Ratio (GER) in higher education.
Key Insights to Derive: Based on this data, what are the state’s demographic strengths and weaknesses? Does it have a demographic dividend? Is it facing an aging population?

State Language(s):

Official Language: The primary official language used for government administration and education.
Linguistic Diversity:
- Other significant languages spoken in the state.
- Percentage of population speaking the official language vs. other languages.
- Are there any recognized linguistic minorities?
Issues Related to Language:
- Any historical or ongoing linguistic movements?
- Government policies for the promotion and preservation of the official language and minority languages.

Developmental Programmes:

This is a very vast area. You can’t possibly list every scheme. The best approach is to identify a few flagship, innovative, and well-performing schemes in key sectors that are unique to the state or particularly successful.
Categorization by Sector:
- Social Welfare:
  - Schemes targeting poverty alleviation, food security, and social security.
  - Specific interventions for vulnerable groups (women, children, SCs, STs, minorities, elderly).
  - Schemes promoting self-help groups (SHGs).
- Education:
  - Schemes for school education (improving enrollment, retention, and quality).
  - Schemes for higher education (scholarships, student loans).
  - Schemes promoting skill development and vocational training.
- Health:
  - Schemes to improve maternal and child health (reducing MMR and IMR).
  - Public health insurance schemes.
  - Schemes for specific diseases (e.g., cancer, TB, HIV/AIDS).
- Agriculture:
  - Schemes for irrigation, crop diversification, and farmer welfare.
- Rural Development:
  - Schemes for rural employment, infrastructure development, and sanitation.
Example (Tamil Nadu):
- Social Welfare:
  - Universal PDS: Provides subsidized food grains to nearly all households, ensuring food security. This is a model worth emulating.
  - Marriage Assistance Schemes: Incentivizes education for girls and prevents child marriage.
- Education:
  - Nutritious Meal Scheme: Improved enrollment and nutrition.
  - Free Laptops for students.
- Health:
  - Chief Minister’s Comprehensive Health Insurance Scheme.

E-Governance Initiatives:

Focus on the use of technology to improve governance and service delivery.
Key Areas:
- Online Service Delivery: Applying for certificates, paying taxes, accessing land records, etc., online (citizen-centric services).
- Grievance Redressal: Online mechanisms for lodging and tracking complaints.
- Transparency and Information Dissemination: Use of websites, dashboards, and social media to provide information proactively.
- Smart Governance: Using data analytics and technology to improve urban planning, traffic management, and disaster response.
Specific Examples (Tamil Nadu):
- TNeGA (Tamil Nadu e-Governance Agency): Nodal agency for implementing e-governance initiatives.
- e-Sevai Centres: Common service centers providing various government services at the village level.
- TNeGA Portal: A single-window portal for accessing government information and services.
- “Kavalan SOS” App: An initiative by Tamil Nadu Police for citizen safety, including emergency response and reporting features.

India and the World

This vast topic can be broken down into a structured, multi-layered framework for effective preparation.

Framework:

Foundations of Indian Foreign Policy: The “Why.”
India and its Neighborhood: The “First Circle.”
India and Major World Powers: The “Second Circle.”
India’s Extended Neighborhood and Regional Groupings: The “Third Circle.”
India and Global Governance: Multilateralism and International Institutions.
Key Thematic Issues in Indian Foreign Policy.
The Role of the Indian Diaspora.

Foundations of Indian Foreign Policy (The “Why”):

Historical Legacy:
- Anti-colonialism and anti-imperialism.
- Gandhian principles of peace and non-violence.
- Nehru’s vision of a peaceful, independent role for newly decolonized nations.
Core Principles (Evolution over time):
- 1. Non-Alignment (NAM – The Nehruvian Era):
  - Meaning: Strategic autonomy and independence from the two major Cold War power blocs (USA and USSR). It was not neutrality but the freedom to take decisions based on India’s own national interest.
  - Relevance Today: While the Cold War is over, the principle of strategic autonomy remains a cornerstone of Indian foreign policy.
- 2. Panchsheel (1954): The Five Principles of Peaceful Coexistence (originally with China).
- 3. Gujral Doctrine (1990s): A policy of non-reciprocal accommodation with smaller South Asian neighbors to build trust.
- 4. Nuclear Doctrine: “No First Use” policy and “Credible Minimum Deterrence.”
- 5. Current Approach: A shift from non-alignment to “multi-alignment” or “issue-based alignment.” India now engages with multiple, often competing, powers simultaneously based on shared interests on specific issues. The overarching goal is to secure India’s national interest and its rise as a “leading power.”
. Key Determinants:
- Geography: Location, long land borders, and maritime interests.
- Economic Development: The need for trade, technology, and investment is a major driver.
- National Security: Threats of terrorism, border disputes, and regional instability.
- Domestic Politics: The federal structure, coalition politics, and public opinion can influence foreign policy.

India and Its Neighborhood-Relations (The “First Circle” / “Neighborhood First” Policy):

This is the most important and frequently asked area. For each country, you need to know: Areas of Cooperation, Areas of Contention, and Recent Developments.

Pakistan: Border disputes (Kashmir, Sir Creek), cross-border terrorism, Indus Waters Treaty, trade relations (or lack thereof), Kartarpur Corridor.
China: Border dispute (LAC, McMahon Line), trade imbalance (huge deficit for India), strategic competition (Belt and Road Initiative vs. India’s interests), role in the neighborhood (e.g., in Sri Lanka, Nepal), water issues (Brahmaputra).
Nepal: Open border, deep cultural ties (“Roti-Beti Ka Rishta”), trade and transit issues, border disputes (Kalapani), China’s growing influence.
Bangladesh: Land Boundary Agreement, Teesta water sharing dispute, illegal immigration, transit and connectivity, trade, cooperation on security.
Sri Lanka: Ethnic issue (Tamil minority), fishermen’s dispute, China’s strategic presence (Hambantota port), economic crisis and India’s assistance.
Bhutan: Special relationship of friendship and cooperation, security ties, hydropower cooperation.
Maldives: Strategic maritime location, political instability, China’s influence (“India Out” campaign).
Myanmar: Border management, security cooperation (insurgency), India’s “Act East” Policy, the issue of the Rohingya refugees, India’s stance on the military coup.
Afghanistan: India’s development assistance, strategic interests, and the challenge posed by the Taliban’s return to power.

India and Major World Powers (The “Second Circle”):

USA: A “Global Strategic Partnership.” Key areas: Defence cooperation (foundational agreements like LEMOA, COMCASA, BECA), counter-terrorism, trade, technology, the Quad, convergence of interests on the Indo-Pacific.
Russia: A “Special and Privileged Strategic Partnership.” Key areas: Defence (historically the largest supplier), energy (nuclear, oil & gas), space, balancing act in the post-Ukraine war era.
European Union (EU) / Key EU countries (France, Germany): Key areas: Trade and investment (FTA negotiations), climate change, technology, strategic convergence. France is a key defence and strategic partner.
Japan: A “Special Strategic and Global Partnership.” Key areas: Infrastructure investment (e.g., high-speed rail), Quad, Act East Policy, convergence on the Indo-Pacific.
United Kingdom (UK): Historical ties, “living bridge” (diaspora), trade (FTA negotiations), security cooperation.

India’s Extended Neighborhood and Regional Groupings:

Regions:
- Southeast Asia (ASEAN): Central to India’s “Act East” Policy. Focus on connectivity, trade, and security.
- West Asia / Middle East: Key for energy security, large diaspora and remittances, and strategic interests. Growing partnerships with UAE, Saudi Arabia, and Israel.
- Central Asia: Focus on connectivity (e.g., INSTC, Chabahar Port), energy, and security (countering extremism).
- Africa: Long-standing historical ties, focus on development partnership, capacity building, and trade (India-Africa Forum Summit).
Bilateral, Regional, and Global Groupings:
- SAARC: Largely dysfunctional due to India-Pakistan tensions.
- BIMSTEC: Seen as an alternative to SAARC, connecting South Asia with Southeast Asia.
- ASEAN: The core of the Act East Policy.
- SCO (Shanghai Cooperation Organisation): India is a full member; a platform to engage with Central Asia, China, and Russia, especially on security and counter-terrorism.
- BRICS: A grouping of emerging economies to promote their collective interests.
- The Quad (Quadrilateral Security Dialogue – India, US, Japan, Australia): A strategic grouping focused on ensuring a “free, open, and inclusive Indo-Pacific.”
- I2U2 (“West Asian Quad” – India, Israel, UAE, USA): Focus on joint investments in water, energy, transport, space, health, and food security.

India and Global Governance:

Important International Institutions:
- United Nations (UN): India’s role in peacekeeping, its push for UN Security Council (UNSC) reform and a permanent seat.
- World Trade Organization (WTO): India’s role in advocating for the interests of developing countries (e.g., on food security, agricultural subsidies).
- International Financial Institutions (World Bank, IMF): India’s engagement and push for reforms.
- Global Climate Regimes (UNFCCC, Paris Agreement): India’s commitments (e.g., Panchamrit), and its stance based on the principle of “Common But Differentiated Responsibilities and Respective Capabilities” (CBDR-RC).
- Nuclear Regimes (NPT, CTBT, NSG): India’s unique position as a non-signatory to the NPT but a responsible nuclear power, and its efforts to gain membership of the Nuclear Suppliers Group (NSG).

Key Thematic Issues:

Energy Security: Diversifying sources, strategic petroleum reserves, International Solar Alliance (ISA).
Maritime Security: Role in the Indian Ocean Region (IOR), SAGAR (Security and Growth for All in the Region) doctrine.
Counter-terrorism.
Cyber Security.
Climate Change.
Trade and Connectivity.

The Role of the Indian Diaspora:

Definition: People of Indian origin or Indian citizens living abroad (NRIs, PIOs).
Significance (“Soft Power”):
- They act as a “living bridge” between India and their host countries.
- Economic Contribution: Remittances, investments.
- Political Lobbying: They can influence the policies of their host countries in favor of India.
- Cultural Ambassadors: Spreading Indian culture abroad.
Government Policy: Engaging the diaspora through events like the Pravasi Bharatiya Divas and schemes like “Know India Programme.”

Defence and National Security

This vast topic can be broken down into a comprehensive framework.

Framework:

Core Concepts: National Security, Internal Security, Defence.
The National Security Architecture: Key institutions and their roles.
Military and Defence Preparedness: Armed Forces and Defence Modernization.
Central Armed Police Forces and other Security Agencies.
Major Internal Security Challenges.
Management of Specific Challenges: (Borders, Cyber, etc.).
The Way Forward: Towards a comprehensive national security strategy.

Core Concepts:

National Security:
- Traditional View: Protection of a nation’s territory, sovereignty, and political independence from external military threats.
- Modern/Comprehensive View: Goes beyond military threats to include non-traditional threats like economic security, energy security, food security, environmental security, and cyber security. It is about protecting the nation’s core values and the well-being of its citizens.
Defence:
- Refers to the military and related capabilities used to protect the nation from external aggression. This is a subset of national security.
Internal Security:
- Refers to the maintenance of peace and order within the borders of the country. It deals with threats like terrorism, insurgency, communalism, and organized crime.

The National Security Architecture:

Apex Level:
- Cabinet Committee on Security (CCS): The highest decision-making body on security matters, chaired by the Prime Minister.
- National Security Council (NSC): An advisory body to the PM. It has a three-tiered structure:
  1. Strategic Policy Group (SPG).
  2. National Security Advisory Board (NSAB).
  3. National Security Council Secretariat.
- National Security Advisor (NSA): The chief advisor to the PM on national security and foreign policy.
Intelligence Agencies:
- Research and Analysis Wing (R&AW): External intelligence.
- Intelligence Bureau (IB): Internal intelligence.
- National Technical Research Organisation (NTRO): Technical intelligence.
- Defence Intelligence Agency (DIA).
Investigative and Enforcement Agencies:
- National Investigation Agency (NIA): Central agency to combat terror.
- Central Bureau of Investigation (CBI).
- Enforcement Directorate (ED): Combats economic crimes and money laundering.
- Narcotics Control Bureau (NCB).

Military and Defence Preparedness:

The Indian Armed Forces:
- Indian Army, Indian Navy, and Indian Air Force.
- Supreme Commander: The President of India.
- Recent Reforms:
  - Creation of the post of Chief of Defence Staff (CDS) and the Department of Military Affairs (DMA) to promote jointness and integration among the three services.
  - Establishment of Integrated Theatre Commands is a major ongoing reform.
Defence Production and Modernization:
- “Aatmanirbhar Bharat” in Defence: Government’s push to promote indigenous defence manufacturing.
- Defence Procurement Procedure (DPP) / Defence Acquisition Procedure (DAP): The policy framework for acquiring military hardware.
- Role of DRDO (Defence Research and Development Organisation): The primary R&D agency.
- Role of Defence PSUs (HAL, BEL) and the Ordnance Factory Board (now corporatized into 7 new entities).
- Innovations for Defence Excellence (iDEX): A scheme to foster innovation and technology development by involving MSMEs and startups.
- Positive Indigenisation Lists: Lists of defence items that will be procured only from domestic sources.

Central Armed Police Forces (CAPFs) and other Security Agencies:

It’s crucial to know the specific mandate of each force.

Force	Nodal Ministry	Primary Mandate
Assam Rifles (AR)	Home Affairs	Counter-insurgency in the Northeast and guarding the Indo-Myanmar border. (Dual control: MHA & Army).
Border Security Force (BSF)	Home Affairs	Guarding the Indo-Pakistan and Indo-Bangladesh borders.
Central Industrial Security Force (CISF)	Home Affairs	Security for vital industrial installations (PSUs, airports, nuclear plants, metro rails, etc.).
Central Reserve Police Force (CRPF)	Home Affairs	The primary internal security force. Used for counter-insurgency, anti-Naxal operations, and maintaining law and order.
Indo-Tibetan Border Police (ITBP)	Home Affairs	Guarding the Indo-China border.
National Security Guard (NSG)	Home Affairs	An elite, specialized counter-terrorism and hostage-rescue force (“Black Cats”).
Sashastra Seema Bal (SSB)	Home Affairs	Guarding the Indo-Nepal and Indo-Bhutan borders.

Major Internal Security Challenges:

Terrorism:
- Cross-border terrorism in Jammu & Kashmir.
- Terrorism in the hinterland.
- The growing challenge of online radicalization.
Left-Wing Extremism (LWE) / Naxalism:
- The “Development and Extremism” Linkage: It affects tribal areas that suffer from poverty, displacement, and lack of development.
- Government Strategy: A multi-pronged approach of security intervention (Operation SAMADHAN) and development initiatives.
Insurgency in the North-East:
- A complex issue with multiple ethnic insurgent groups, driven by demands for autonomy, secession, and historical grievances.
- Management: A mix of military operations, peace talks, and developmental packages.
Communalism and Religious Violence:
- (As decoded separately) A threat to social harmony and internal stability.
Organized Crime:
- Definition: Crime committed by organized groups for profit.
- Examples: Drug trafficking, human trafficking, arms smuggling, extortion, counterfeit currency.
- The Crime-Terror Nexus: The syllabus explicitly mentions the “linkages of organized crime with terrorism.” Terrorist groups often use the networks and methods of organized crime (like hawala, drug trade) to generate funds.

Management of Specific Challenges:

Border Management:
- Challenges: Porous borders, illegal infiltration, smuggling, cross-border terrorism, fencing issues, difficult terrain.
- Management: Role of border guarding forces (BSF, ITBP, etc.), fencing and smart fencing (Comprehensive Integrated Border Management System – CIBMS), building border infrastructure (Border Roads Organisation – BRO).
Cyber Security:
- Threats: Cyber warfare, cyber terrorism, espionage, hacking of critical infrastructure (power grids, banking), cybercrime.
- Institutional Framework: National Cyber Security Policy, National Critical Information Infrastructure Protection Centre (NCIIPC), Indian Computer Emergency Response Team (CERT-In).
Money Laundering:
- Definition: The process of making “dirty” money (generated from criminal activities) appear “clean.”
- Prevention: The Prevention of Money Laundering Act (PMLA), 2002, and the role of the Enforcement Directorate (ED) and the Financial Intelligence Unit (FIU-IND).
Role of Media and Social Media:
- Challenges: Used for radicalization, propaganda, spreading fake news to incite violence, and coordinating terror attacks.
- Management: Monitoring, blocking malicious content, promoting digital literacy, and creating counter-narratives.

The Way Forward:

A Comprehensive National Security Strategy:
- There is a need for India to articulate a formal, public National Security Strategy that outlines the country’s security objectives and the means to achieve them.
Strengthening Intelligence:
- Improving inter-agency coordination (through mechanisms like NATGRID and MAC).
- Strengthening human and technical intelligence capabilities.
Modernizing Police Forces:
- Implementing police reforms to make the police force more professional, accountable, and community-oriented.
“Whole of Government” Approach:
- Ensuring seamless coordination between the Centre and the states, and between different ministries and agencies.
Community Participation:
- Involving local communities in border management, counter-radicalization, and intelligence gathering.

India’s Nuclear Policy

This can be broken down into two main pillars, which are interconnected but distinct:

Nuclear Weapons Policy (Strategic Programme): For defence and deterrence.
Nuclear Energy Policy (Peaceful Uses Programme): For energy security and development.

Nuclear Weapons Policy (Strategic Programme):

Historical Evolution and Key Milestones:
- Post-Independence Vision: Homi J. Bhabha’s vision of mastering the entire nuclear fuel cycle for peaceful purposes, while keeping the weapons option open.
- “Smiling Buddha” (Pokhran-I, 1974): India conducted its first nuclear test, calling it a “Peaceful Nuclear Explosion (PNE).” This led to the creation of the Nuclear Suppliers Group (NSG) to restrict nuclear trade with non-NPT signatory states like India.
- “Operation Shakti” (Pokhran-II, 1998): A series of five nuclear tests conducted under the leadership of PM Atal Bihari Vajpayee, after which India declared itself a nuclear-weapon state.
India’s Nuclear Doctrine (The Core of the Policy):
- First officially articulated in a draft doctrine in 1999, and formally adopted in 2003.
- Key Pillars:
  1. Credible Minimum Deterrence:
    - Deterrence: The primary purpose of India’s nuclear weapons is not to fight a war but to deter a nuclear attack from an adversary.
    - Credible: The deterrence must be believable. This requires a sufficient and survivable nuclear force that can withstand a first strike and retaliate with unacceptable damage.
    - Minimum: India will only maintain the minimum number of nuclear weapons necessary for credible deterrence, not engage in an arms race.
  2. “No First Use” (NFU) Policy:
    - This is the most important feature. India pledges that it will not be the first to initiate a nuclear strike.
    - Nuclear weapons will only be used in retaliation against a nuclear attack on Indian territory or on Indian forces anywhere.
  3. Massive Retaliation: The doctrine states that if India is subjected to a nuclear attack, its retaliation will be massive and designed to inflict unacceptable damage.
  4. Non-use against Non-Nuclear Weapon States: India pledges not to use nuclear weapons against non-nuclear weapon states. (However, this is qualified: this pledge would not apply to states that attack India in alliance with a nuclear-weapon state).
  5. Strict Civilian Political Control: The final decision to authorize the use of nuclear weapons rests with the civilian political leadership through the Nuclear Command Authority (NCA).
The Nuclear Command Authority (NCA):
- The sole body that can authorize the use of nuclear weapons.
- It comprises a Political Council (chaired by the Prime Minister) and an Executive Council (chaired by the National Security Advisor).
Delivery Systems (The “Nuclear Triad”):
- To ensure a “credible” and “survivable” retaliatory strike capability, India has been developing a nuclear triad, which is the ability to launch nuclear weapons from land, air, and sea.
- Land: Agni series of ballistic missiles.
- Air: Fighter aircraft like the Rafale and Sukhoi Su-30MKI capable of delivering nuclear bombs.
- Sea: Submarine-launched ballistic missiles (SLBMs) like the K-series, deployed on nuclear-powered ballistic missile submarines (SSBNs) like the INS Arihant. The sea-based leg is considered the most survivable.
Debates and Contemporary Issues:
- Revisiting “No First Use”: There have been occasional debates on whether India should reconsider its NFU policy, especially given the strategic environment with nuclear-armed neighbors. However, the official government stance remains firmly committed to NFU.
- Strategic Stability in South Asia: The nuclear dimension in the India-Pakistan and India-China relationships.

India and the Global Nuclear Order:

India’s Unique Position:
- India is one of the few countries to possess nuclear weapons but is not a signatory to the Non-Proliferation Treaty (NPT).
The Non-Proliferation Treaty (NPT), 1968:
- India’s Stance: India considers the NPT to be discriminatory. It divides the world into nuclear “haves” (the P5 countries, who are allowed to keep their weapons) and “have-nots” (everyone else, who are forbidden from acquiring them). India advocates for a universal, non-discriminatory, and verifiable nuclear disarmament treaty.
The Comprehensive Test Ban Treaty (CTBT), 1996:
- India’s Stance: India has not signed the CTBT. While it supports the spirit of the treaty, it believes it does not address the issue of complete disarmament and has concerns about its verification regime. However, India has maintained a unilateral moratorium on further nuclear testing since 1998.
The Nuclear Suppliers Group (NSG):
- What it is: A group of nuclear supplier countries that seeks to control the export of materials, equipment, and technology that could be used to manufacture nuclear weapons.
- India’s Status: After the India-US Civil Nuclear Deal (2008), the NSG granted a unique, clean waiver to India, allowing it to engage in civil nuclear trade with other countries.
- India’s Membership Bid: India has been seeking full membership of the NSG, but its entry has been consistently blocked by China, which insists that non-NPT signatories should not be allowed to join.
The India-US Civil Nuclear Deal (2008):
- A landmark agreement that ended India’s nuclear isolation.
- It allowed India to access international civil nuclear technology and fuel while maintaining its strategic nuclear weapons program, by separating its civil and military nuclear facilities.

Nuclear Energy Policy (Peaceful Uses Programme):

The Rationale:
- To achieve energy security and meet India’s growing energy demands.
- To have a clean, non-fossil fuel source of energy to combat climate change.
Homi Bhabha’s Three-Stage Nuclear Power Programme:
- This is the cornerstone of India’s long-term nuclear energy strategy, designed to make India self-reliant by eventually using its vast reserves of thorium.
- Stage 1: Using natural uranium in Pressurized Heavy Water Reactors (PHWRs) to produce power and plutonium-239 as a by-product. (This stage is well-established).
- Stage 2: Using the plutonium from Stage 1 in Fast Breeder Reactors (FBRs) to produce more power, more plutonium, and also convert thorium-232 into fissile uranium-233. (India is currently in this stage; the Prototype Fast Breeder Reactor at Kalpakkam is key).
- Stage 3: Using thorium and uranium-233 in Advanced Heavy Water Reactors (AHWRs) to generate a large amount of power. (This is the future goal).
Key Institutions:
- Department of Atomic Energy (DAE).
- Bhabha Atomic Research Centre (BARC): The main R&D hub.
- Nuclear Power Corporation of India Limited (NPCIL): The PSU that operates nuclear power plants.
Challenges and Issues:
- Safety and Public Perception: Public concerns about the safety of nuclear power plants, especially after incidents like Fukushima.
- Nuclear Waste Management: The safe, long-term disposal of radioactive waste is a major technical and environmental challenge.
- High Costs and Long Gestation Periods: Nuclear power plants are very expensive and take a long time to build.
- Access to Fuel and Technology: While the India-US deal helped, international supply can still be subject to political considerations.
- Civil Liability for Nuclear Damage Act, 2010: A law that channels liability to the operator in case of an accident. Certain clauses have been a point of contention with foreign suppliers.

Terrorism

This can be broken down into a comprehensive framework

Framework:

Defining Terrorism: What it is and its key characteristics.
Types of Terrorism relevant to India.
Causes of Terrorism in the Indian context.
The Ecosystem of Terrorism: Linkages and Support Structures.
The Impact of Terrorism.
India’s Counter-Terrorism Architecture: Legal and Institutional.
Challenges in countering terrorism.
The Way Forward: A comprehensive strategy.

Defining Terrorism:

Definition:
- While there is no universally accepted definition, a working definition is: Terrorism is the calculated use of unlawful violence or the threat of violence to inculcate fear, intended to coerce or intimidate governments or societies in the pursuit of goals that are generally political, religious, or ideological.
Key Characteristics:
- Violence or Threat of Violence: The core element.
- Psychological Impact and Fear: The primary aim is to create terror and psychological shock, not just to kill. The victims are often symbolic, and the target is the wider audience.
- Political/Ideological Goal: It is not random violence; it is a deliberate act to achieve a political or ideological objective.
- Targeting Non-combatants: It deliberately targets or disregards the safety of non-combatants (civilians).
- Clandestine and Asymmetric: Carried out by non-state actors or small, secret groups against a powerful state. It is a weapon of the weak against the strong.

Types of Terrorism relevant to India:

1. Cross-Border Terrorism:
- Definition: Terrorism that is sponsored, supported, and directed from across the borders by a neighboring state (state-sponsored) or by non-state actors based there.
- Context: This is the most significant form of terrorism faced by India, primarily in Jammu & Kashmir, sponsored from Pakistan.
2. Religious Terrorism / Jihadist Terrorism:
- Definition: Terrorism motivated by a distorted and extremist interpretation of a religious ideology.
- Context: Groups like Lashkar-e-Taiba (LeT), Jaish-e-Mohammed (JeM), Indian Mujahideen (IM), and those inspired by global jihadi groups like Al-Qaeda and ISIS.
3. Left-Wing Extremism (LWE) / Naxalism:
- Definition: An ideologically driven form of terrorism that aims to overthrow the democratic state through a violent “people’s war” and establish a communist/Maoist state.
- Context: Affects the tribal and forested areas of Central and Eastern India (the “Red Corridor”). Often considered India’s gravest internal security threat.
4. Insurgency-linked Terrorism in the North-East:
- Definition: Terrorism used as a tactic by ethnic insurgent groups fighting for secession or greater autonomy.
- Context: Various groups in states like Nagaland, Manipur, and Assam.
5. Cyber Terrorism:
- Definition: The use of the internet and cyber tools to carry out terrorist attacks, such as hacking into critical infrastructure (power grids, financial systems), or for propaganda and recruitment.
6. Narco-Terrorism:
- Definition: The nexus between drug trafficking and terrorism. Terrorist groups use the profits from the drug trade to finance their activities.

Causes of Terrorism in India:

External Factors:
- State-Sponsored Terrorism: The policy of using terrorism as a tool of foreign policy by a neighboring state.
- Globalisation of Terror: The influence of global terrorist ideologies and networks.
Internal Factors:
- Political Causes: Separatist movements, demands for political rights.
- Economic Causes: The “Development-Extremism Linkage.” Issues like poverty, unemployment, land alienation, and lack of development can create a sense of relative deprivation and make youth vulnerable to recruitment by extremist groups (especially relevant for LWE).
- Social Causes: Perceived injustice, communal tensions, and alienation of certain communities. A major communal riot can act as a “push factor” for radicalization.

The Ecosystem of Terrorism: Linkages and Support Structures:

This is a critical part of the syllabus.

Linkages of Organized Crime with Terrorism (The Crime-Terror Nexus):
- Funding: This is the most important link. Terrorist groups use organized crime networks for:
  - Hawala: For moving money illegally.
  - Drug Trafficking (Narco-terrorism).
  - Counterfeit Currency.
  - Extortion and Kidnapping for Ransom.
- Logistics: Using criminal networks for smuggling weapons and explosives, and for logistical support like safe houses.
Money Laundering and Terror Financing:
- Money Laundering: The process of making “dirty” money from crime/terror appear “clean.”
- Terror Financing: The process of providing funds to terrorist organizations.
- Mechanisms: Hawala, shell companies, charities, and increasingly, cryptocurrencies.
Role of Communication Networks, Media, and Social Media:
- Propaganda and Radicalization: Using the internet and social media to spread extremist ideology, glorify violence, and radicalize youth.
- Recruitment: Identifying and recruiting new members online.
- Planning and Coordination: Using encrypted communication apps to plan and coordinate attacks.
- Psychological Warfare: Using media to maximize the fear and impact of an attack.

The Impact of Terrorism:

(As decoded previously)
Security Impact: Loss of life of civilians and security forces.
Economic Impact: Damage to infrastructure, decline in tourism and investment.
Social Impact: Creates fear, suspicion, and communal divides.
Political Impact: Puts pressure on the government, can lead to the enactment of stringent laws that may curb civil liberties.

India’s Counter-Terrorism Architecture:

Legal Framework:
- Unlawful Activities (Prevention) Act (UAPA), 1967: The primary anti-terror law.
- Prevention of Money Laundering Act (PMLA), 2002.
- National Security Act (NSA), 1980.
Institutional Framework:
- Ministry of Home Affairs (MHA): The nodal ministry for internal security.
- National Investigation Agency (NIA): The central counter-terrorism investigation agency, created after the 26/11 Mumbai attacks.
- Multi-Agency Centre (MAC) and NATGRID: For intelligence coordination.
- National Security Guard (NSG): The elite “hit” arm for counter-terror operations.
- Financial Intelligence Unit (FIU-IND): To combat money laundering and terror financing.
International Cooperation:
- Intelligence sharing, bilateral and multilateral counter-terrorism exercises, and conventions.
- Pushing for the adoption of the Comprehensive Convention on International Terrorism (CCIT) at the UN.

Challenges in Countering Terrorism:

Difficult Terrain and Porous Borders: Makes infiltration difficult to stop.
State-Sponsorship from Across the Border.
The Challenge of Online Radicalization: Difficult to monitor and counter.
Securing “Soft Targets”: It is impossible to provide security to every public place.
The “Lone Wolf” Threat: Attacks by self-radicalized individuals who are not part of any formal group are very difficult to predict.
Balancing Security and Human Rights: The challenge of using stringent laws without violating the fundamental rights of innocent citizens.
Lack of a Coordinated “Whole of Government” Approach at times (e.g., poor Centre-State coordination).

The Way Forward (A Comprehensive Strategy):

A multi-pronged strategy is required.

1. Strengthening Security and Intelligence: Modernizing police forces, better intelligence coordination, and strengthening coastal and border security.
2. Choking Terror Financing: Strengthening the legal and institutional framework against money laundering and hawala networks.
3. Countering Radicalization (The “Hearts and Minds” Approach):
- Developing a strong counter-narrative to extremist ideology.
- De-radicalization programmes involving community leaders, religious scholars, and psychologists.
- Addressing the root causes of alienation and deprivation (the “development-extremism” link).
4. Effective Cyber-Security: Building capabilities to monitor and counter the use of cyberspace by terrorists.
5. International Cooperation: Building global consensus against states that sponsor terror and strengthening intelligence-sharing mechanisms.
6. Upholding the Rule of Law: Ensuring that the fight against terror is conducted within the framework of the Constitution and with respect for human rights, to avoid further alienation.

Human Rights and Environmental Issues

This can be broken down into:

Establishing the Linkage: How are human rights and environmental issues connected?
The International Framework for Environmental Rights.
The Indian Framework: Constitutional and judicial interpretations.
Key Environmental Issues as Human Rights Issues in India.
Vulnerable Groups disproportionately affected.
The Role of Institutions and Movements.
Challenges and the Way Forward.

Establishing the Linkage: Environment as a Human Right

The Core Idea:
- The enjoyment of a wide range of human rights is dependent on a safe, clean, healthy, and sustainable environment.
- Conversely, the exercise of human rights (like the right to information, participation, and justice) is crucial for effective environmental protection.
How Environmental Degradation Violates Human Rights:
- Right to Life and Health (Article 21): Air and water pollution directly cause diseases and reduce life expectancy. Climate change-induced disasters (floods, heatwaves) are a direct threat to life.
- Right to Livelihood: Environmental degradation destroys livelihoods that are dependent on natural resources, such as those of farmers, fishermen, and forest-dwellers.
- Right to Food and Water: Water scarcity, soil degradation, and pollution of water sources threaten the rights to adequate food and safe drinking water.
- Right to Housing and Property: Displacement due to environmental disasters or large development projects violates the right to housing.
- Cultural Rights: The destruction of forests and ecosystems can destroy the unique culture and way of life of indigenous and tribal communities.
- Right to Equality: The impacts of environmental damage are not felt equally. The poor and vulnerable are disproportionately affected (Environmental Injustice).
Procedural and Substantive Rights:
- Substantive Rights: The right to a clean and healthy environment.
- Procedural Rights: The rights that enable environmental protection, such as:
  1. Right to Information: Access to information about polluting industries or the environmental impact of projects.
  2. Right to Public Participation: The right of communities to participate in environmental decision-making (e.g., through public hearings in Environmental Impact Assessment – EIA).
  3. Right to Access to Justice: The ability to approach courts or tribunals (like the NGT) for redressal of environmental grievances.

. The International Framework:

Stockholm Declaration (1972): The first major international conference on the environment. Its first principle stated that man has a “fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being.”
Rio Declaration (1992): Reaffirmed the link and emphasized principles like Precautionary Principle and Polluter Pays Principle.
UN Human Rights Council Resolution (2021): For the first time, the UNHRC formally recognized the human right to a clean, healthy, and sustainable environment. This is a major global development.
Sustainable Development Goals (SDGs): Many SDGs link environmental protection with human well-being (e.g., SDG 3 on Health, SDG 6 on Clean Water, SDG 13 on Climate Action).

The Indian Framework: Constitutional and Judicial Interpretation:

Constitutional Provisions:
- The Constitution, as originally enacted, did not have explicit provisions for environmental protection.
- 42nd Amendment Act, 1976: This was a turning point.
  - Article 48A (DPSP): Added a directive to the State to “protect and improve the environment and to safeguard the forests and wildlife of the country.”
  - Article 51A(g) (Fundamental Duty): Made it a duty of every citizen “to protect and improve the natural environment… and to have compassion for living creatures.”
The Role of the Judiciary (The Most Important Part):
- The Indian judiciary, through judicial activism and Public Interest Litigation (PIL), has been the primary force in establishing environmental protection as a human right.
- Expansion of Article 21 (Right to Life and Personal Liberty): This has been the key instrument.
- Landmark Judgements:
  - Rural Litigation and Entitlement Kendra vs. State of U.P. (Dehradun Quarrying Case, 1985): The SC held that the right to a wholesome environment is a part of the Right to Life.
  - M.C. Mehta vs. Union of India (Oleum Gas Leak Case, 1987): The SC evolved the principle of “Absolute Liability” for hazardous industries.
  - Vellore Citizens’ Welfare Forum vs. Union of India (1996): The SC affirmed the “Precautionary Principle” and the “Polluter Pays Principle” as essential features of sustainable development and part of the law of the land.
  - The SC has explicitly interpreted the Right to Life under Article 21 to include the Right to a clean environment, Right to clean air, and Right to safe drinking water.

Key Environmental Issues as Human Rights Issues in India:

Industrial Pollution:
- Release of toxic effluents into rivers and air pollution from factories violates the right to health and a clean environment of surrounding communities. (e.g., Tanneries in Kanpur polluting the Ganga).
Air Pollution in Cities:
- Severe air pollution in cities like Delhi is a massive public health crisis, violating the right to life of millions.
Development-Induced Displacement:
- Large infrastructure projects (dams, mines, highways) often displace poor and tribal communities, violating their right to livelihood, housing, and cultural rights, without adequate rehabilitation. (The “Development vs. Environment” dilemma).
Climate Change:
- India is highly vulnerable to the impacts of climate change. Increased frequency of floods, droughts, and heatwaves disproportionately affects the poor, farmers, and coastal communities, threatening their lives and livelihoods. This is an issue of “Climate Justice.”
Lack of Access to Safe Drinking Water and Sanitation.
Deforestation and Forest Rights:
- The destruction of forests and the improper implementation of the Forest Rights Act, 2006, violates the human and cultural rights of forest-dwelling tribal communities.

Vulnerable Groups Disproportionately Affected (Environmental Injustice):

The Poor: Often live in the most polluted areas or are most dependent on climate-sensitive livelihoods.
Tribal Communities (Adivasis): Their life, culture, and livelihood are intrinsically linked to forests and natural resources.
Farmers and Fisherfolk: Directly impacted by climate change, water scarcity, and pollution.
Women and Children: Often bear the primary burden of collecting water and fuel, and are more vulnerable to the health impacts of indoor and outdoor pollution.

The Role of Institutions and Movements:

The National Green Tribunal (NGT) (Established 2010):
- A specialized judicial body for effective and expeditious disposal of cases relating to environmental protection.
- It has played a crucial role in enforcing environmental laws and holding polluters accountable.
Environmental Movements (Grassroots Human Rights Movements):
- Chipko Movement: A movement to protect forests that was also about the local community’s right to their natural resources.
- Narmada Bachao Andolan (NBA): A movement that framed the issue of the Sardar Sarovar Dam not just as an environmental one, but as a human rights issue concerning the displacement and rehabilitation of millions of Adivasis.
National Human Rights Commission (NHRC): Also takes up cases of environmental pollution that lead to human rights violations.

Challenges and the Way Forward:

The “Development vs. Environment” Dilemma: The primary challenge is to balance the need for rapid economic growth with environmental sustainability and the protection of human rights.
Weak Implementation of Laws: India has strong environmental laws, but their enforcement on the ground is often weak.
Dilution of Environmental Regulations: Concerns over the dilution of processes like the Environmental Impact Assessment (EIA) in the name of “ease of doing business.”
Lack of Public Participation: Public hearings for projects are often a mere formality.
Way Forward:
- Strengthening Environmental Governance: Ensuring the autonomy and effective functioning of regulatory bodies like the NGT and Pollution Control Boards.
- Upholding the Precautionary and Polluter Pays Principles.
- Adopting a Rights-Based Approach to Development: Placing human rights and environmental concerns at the center of planning, not as an afterthought.
- Ensuring Meaningful Public Participation: Strengthening the EIA process and the role of Gram Sabhas.
- Climate Justice: Advocating for climate action at the global level while implementing adaptation and mitigation strategies domestically, with a focus on protecting the most vulnerable.
- Promoting Green and Sustainable Technologies.

International Organisations

The vast number of organizations can be overwhelming. The key is to categorize them thematically and, for each important organization, to know a few key things.

Framework for Studying Each Organisation:

Basic Details: When was it founded? Where is its headquarters?
Mandate/Objective: What is its primary purpose?
Structure: What are its main organs or components?
Key Functions: What does it actually do?
Significance/Relevance for India: Why does this organization matter to India? What is India’s role in it?
Challenges/Criticisms/Reforms Needed: What are the problems with the organization, and what changes are being demanded?

The United Nations (UN) System (The Most Important Global Organisation):

The United Nations Organisation (UNO):
- Mandate: To maintain international peace and security, develop friendly relations among nations, and promote social progress, better living standards, and human rights.
- Structure (The Six Principal Organs):
  1. General Assembly (UNGA): The main deliberative, policymaking, and representative organ. All 193 member states are represented.
  2. Security Council (UNSC): The most powerful organ, with primary responsibility for maintaining international peace and security.
    - Structure: 15 members – 5 Permanent Members (P5: China, France, Russia, UK, US) with veto power, and 10 non-permanent members elected for two-year terms.
    - India’s Role & Reforms: India is a frequent non-permanent member and a leading candidate for a permanent seat. The reform of the UNSC to make it more representative of the 21st century is a key foreign policy goal for India and groups like the G4 (India, Brazil, Germany, Japan).
  3. Economic and Social Council (ECOSOC): Coordinates the economic and social work of the UN.
  4. International Court of Justice (ICJ): The principal judicial organ of the UN, based in The Hague.
  5. UN Secretariat: Headed by the Secretary-General.
  6. Trusteeship Council: (Largely defunct).
- India’s Role: A founding member, a major contributor to UN Peacekeeping Operations, and a leading voice for the Global South.
Key UN Specialized Agencies, Funds, and Programmes:
- For these, know the basic mandate and one or two recent activities/reports relevant to India.
- Economic/Financial:

- - World Bank Group (IBRD, IDA): Provides loans and grants for development projects.
  - International Monetary Fund (IMF): Works to ensure the stability of the international monetary system.

- Health: World Health Organization (WHO): (Crucial during the pandemic).
- Social/Cultural: UNESCO (Education, Science, Culture), UNICEF (Children’s Fund).
- Environment: UN Environment Programme (UNEP).
- Food & Agriculture: Food and Agriculture Organization (FAO), World Food Programme (WFP).
- Human Rights: UN Human Rights Council (UNHRC).

Global Economic and Trade Organisations:

World Trade Organization (WTO):
- Mandate: The only global international organization dealing with the rules of trade between nations. It operates a system of trade agreements.
- Key Principles: Non-discrimination (Most-Favoured-Nation and National Treatment), free trade, predictability.
- Structure: Ministerial Conference is the top decision-making body.
- India’s Role: A strong advocate for the interests of developing countries.
- Issues/Debates: The Doha Development Round stalemate, agricultural subsidies (Public Stockholding for food security is a key issue for India), dispute settlement mechanism, and intellectual property (TRIPS).
Other Economic Groupings:
- G20 (Group of Twenty): The premier forum for international economic cooperation. (Very important as India holds the 2023 presidency).
- G7 (Group of Seven): A grouping of the world’s most advanced economies.
- OECD (Organisation for Economic Co-operation and Development).

Regional Political and Economic Groupings (Affecting India):

In India’s Neighbourhood:
- SAARC (South Asian Association for Regional Cooperation): Largely defunct due to India-Pakistan tensions.
- BIMSTEC (Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation): Seen as a more promising alternative to SAARC, linking South Asia with Southeast Asia.
In India’s Extended Neighbourhood:
- ASEAN (Association of Southeast Asian Nations): The core of India’s “Act East” Policy.
- SCO (Shanghai Cooperation Organisation): A Eurasian political, economic, and security alliance. India is a full member, providing a platform to engage with China, Russia, and Central Asia.
- GCC (Gulf Cooperation Council).
- African Union (AU).
- European Union (EU).

Strategic and Security Groupings:

The Quad (Quadrilateral Security Dialogue):
- Members: India, USA, Japan, Australia.
- Mandate: A strategic dialogue focused on ensuring a free, open, and inclusive Indo-Pacific. Not a formal military alliance but a grouping of like-minded democracies.
BRICS:
- Members: Brazil, Russia, India, China, South Africa.
- Mandate: A grouping of major emerging economies to promote their interests and reform global financial institutions. Established the New Development Bank (NDB).
I2U2 (“West Asian Quad”):
- Members: India, Israel, UAE, USA.
- Mandate: To cooperate on joint investments in water, energy, transport, space, health, and food security.
NATO (North Atlantic Treaty Organization): While India is not a member, NATO’s actions (e.g., in the context of the Ukraine war) have a major impact on the global strategic environment.

International Organisations in Specific Domains:

Nuclear Domain:
- International Atomic Energy Agency (IAEA): The global watchdog for nuclear safety and non-proliferation.
- Nuclear Suppliers Group (NSG): A group of countries that controls the export of nuclear materials. (India’s membership bid is a key issue).
Environment and Climate:
- UNFCCC (United Nations Framework Convention on Climate Change): The main international treaty on climate change. The annual Conference of the Parties (COP) is the key event.
- IPCC (Intergovernmental Panel on Climate Change): Provides scientific assessments on climate change.
- International Solar Alliance (ISA): An Indian initiative, co-founded with France, to promote solar energy.
Other Important Bodies:
- Financial Action Task Force (FATF): An inter-governmental body that sets standards to combat money laundering and terrorist financing.
- International Criminal Court (ICC): India is not a member.

Pacts and Summits

The best way to decode this is to create a framework for how to follow and analyze these events.

Framework:

Understanding the Terminology: What is a Pact? What is a Summit?
Types of Pacts and Summits relevant for UPSC.
A Framework for Analyzing a Summit.
A Framework for Analyzing a Pact/Agreement.
Key Examples and How to Integrate them.

Understanding the Terminology:

Summit:
- Definition: A high-level meeting between the Heads of State or Heads of Government of two or more countries.
- Nature: It is the highest level of diplomatic engagement. It is where major political decisions are made, new initiatives are launched, and contentious issues are discussed.
- Examples: The annual G20 Leaders’ Summit, the BRICS Summit, a bilateral summit between the Prime Minister of India and the President of the USA.
Pact / Agreement / Treaty / Accord / Convention:
- Definition: A formal, legally binding (in the case of a treaty) or politically binding agreement between two or more countries.
- Nature: It is the concrete outcome of negotiations, which may happen at a summit or through other diplomatic channels. It codifies the commitments of the signatory countries.
- Examples: The Paris Agreement on climate change (a convention), the Indus Waters Treaty (a treaty), the Abraham Accords (an accord), foundational defence pacts like LEMOA and BECA (pacts/agreements).

Types of Pacts and Summits:

You need to track these across different levels of engagement.

1. Bilateral:
- Summits: Annual summits between India and key partners like Japan, Russia, and the EU. Visits by the Indian PM abroad or by foreign leaders to India.
- Pacts: Trade agreements (FTAs), defence pacts, science & technology cooperation agreements.
2. Regional / Plurilateral (involving a small group of countries):
- Summits: Quad Leaders’ Summit, I2U2 Summit, BIMSTEC Summit, SCO Summit, BRICS Summit.
- Pacts: The RCEP trade agreement (which India did not join), agreements signed at these summits.
3. Multilateral / Global:
- Summits: G20 Leaders’ Summit, UN General Assembly High-Level Week, Conference of the Parties (COP) on climate change.
- Pacts: Global agreements like the Paris Agreement, the Convention on Biological Diversity (CBD), the Comprehensive Convention on International Terrorism (CCIT – proposed by India).

A Framework for Analyzing a SUMMIT:

When you read about a summit in the news, analyze it using this framework.

Context:
- What is the name of the summit/grouping? (e.g., G20, SCO, Quad).
- Where and when was it held? Who holds the presidency? (Very important for G20 2023 – India’s Presidency).
- What is the geo-political background? (e.g., happening in the backdrop of the Ukraine war, global economic slowdown, etc.).
Key Agenda/Themes:
- What were the main issues discussed? (e.g., climate change, counter-terrorism, economic recovery, food security).
Key Outcomes and Declarations:
- Was there a joint statement or a “Leaders’ Declaration”? What are its key highlights?
- Were any new initiatives launched? (e.g., I2U2 was launched at a summit).
- Were any new pacts signed?
India’s Role and Stance:
- What was the Indian Prime Minister’s message or key intervention?
- What were India’s specific proposals or concerns?
- Did India have any bilateral meetings on the sidelines of the main summit?
Significance for India and the World:
- How does the outcome of the summit affect India’s national interests (security, economy, etc.)?
- Does it signal a shift in global power dynamics? Does it strengthen multilateralism or highlight its divisions?

A Framework for Analyzing a PACT / AGREEMENT:

When you read about a new pact, analyze it using this framework.

Name of the Pact and Signatories:
- What is the official name of the agreement? Who are the countries involved?
Objective/Purpose:
- What problem does the pact aim to solve? What is its primary goal?
Key Provisions:
- What are the main commitments that the signatory countries have made? (You don’t need to know every clause, just the main 2-3 points).
Significance for India:
- Benefits: How does this pact benefit India? (e.g., enhances security, boosts trade, gives access to technology).
- Obligations/Costs: What are India’s commitments under the pact? Are there any potential downsides?
Context and Broader Implications:
- Why was this pact signed now? What does it signal about India’s foreign policy orientation? How does it affect our relationship with other countries (e.g., how do foundational pacts with the US affect our relationship with Russia?)?

Key Examples and How to Integrate them:

Your answers must be contemporary. You need to keep a running list of the key pacts and summits from the last 1-2 years.

Example 1: The Quad
- Summits: Regular Leaders’ Summits are being held. You should know the location and key theme of the latest one.
- Key Outcomes: Launch of the Quad Vaccine Partnership, Quad Fellowship, initiatives on critical and emerging technologies, maritime domain awareness (e.g., Indo-Pacific Partnership for Maritime Domain Awareness – IPMDA).
- Significance: It shows the deepening strategic convergence of four major maritime democracies to ensure a rules-based order in the Indo-Pacific, widely seen as a response to China’s assertiveness.
Example 2: Foundational Defence Pacts with the USA
- Pacts:
  - GSOMIA (2002): For sharing military intelligence.
  - LEMOA (2016): Logistical support, allows both militaries to use each other’s bases for repair and replenishment.
  - COMCASA (2018): For secure, encrypted communications equipment.
  - BECA (2020): For sharing high-end geospatial intelligence.
- Significance: These four pacts are the pillars of the India-US defence partnership, enabling deep military interoperability. Signing them signals a major strategic shift in India’s foreign policy.
Example 3: Climate Change Summits (COP)
- Summit: e.g., COP27 in Sharm El-Sheikh, COP26 in Glasgow.
- Key Outcome: At COP27, the establishment of a “Loss and Damage” fund was a major outcome.
- India’s Role: At COP26, India announced its “Panchamrit” commitments (its updated Nationally Determined Contributions – NDCs). India also pushes for the principle of “climate justice.”
Example 4: G20 Summit under India’s Presidency (2023)
- Context: India holds the presidency.
- Theme: “Vasudhaiva Kutumbakam” or “One Earth · One Family · One Future”.
- India’s Priorities: Green Development, Climate Finance & LiFE (Lifestyle for Environment); Accelerated, Inclusive & Resilient Growth; Technological Transformation & Digital Public Infrastructure; Women-led development, etc.
- Significance: A major opportunity for India to shape the global agenda and showcase its leadership as a voice for the Global South.

State Reorganisation in India

This can be broken down into a clear historical narrative with an analysis of the principles and consequences.

Framework:

The Context at Independence: The complex map of British provinces and princely states.
The Integration of Princely States: The first step in reorganization.
The Demand for Linguistic States: The main driver of reorganization.
The Official Response and Key Commissions.
The States Reorganisation Act, 1956: The landmark event.
Reorganisation After 1956: The continuing process.
The Constitutional Procedure for creating new states.
Analysis: The rationale, consequences, and ongoing demands.

The Context at Independence (1947):

The political map of India was fragmented and illogical, a product of British conquest rather than rational planning.
It consisted of two types of political units:
1. British India Provinces: Directly under British rule.
2. Princely States (over 500): Under the rule of princes but subject to British paramountcy.

The Integration of Princely States (The First Step of Reorganisation):

The Challenge: With the lapse of British paramountcy, the princely states were theoretically free to join India, join Pakistan, or remain independent. This posed a grave threat to the unity of India.
The Response:
- Led by Sardar Vallabhbhai Patel (the then Home Minister) and V.P. Menon (the Secretary of the Ministry of States).
- A policy of persuasion, diplomacy, and pressure was used. Most states signed the Instrument of Accession to join India.
Difficult Cases:
- Junagadh: The Nawab wanted to join Pakistan, but the population was largely Hindu. A plebiscite was held, which favored joining India.
- Hyderabad: The Nizam wanted to remain independent. The Indian army intervened in “Operation Polo” (1 C.E.), and Hyderabad was integrated.
- Jammu and Kashmir: The Maharaja initially wanted to remain independent but signed the Instrument of Accession after an invasion by Pakistani tribesmen.

The Demand for Linguistic States:

The Principle: The idea that the boundaries of states should correspond to the boundaries of major Indian languages.
Historical Roots: The Indian National Congress, since its Nagpur Session in 1920, had been committed to the principle of reorganizing provinces on a linguistic basis.
The Dilemma after Independence:
- The national leadership, including Nehru and Patel, became apprehensive about this idea.
- Fears: They feared that creating states based on language could fuel regionalism, threaten national unity, disrupt economic development, and create administrative problems, especially so soon after the trauma of Partition.

The Official Response and Key Commissions:

1. The Dhar Commission (Linguistic Provinces Commission), 1948:
- Recommendation: It rejected language as the basis for reorganization. It recommended reorganization on the basis of administrative convenience.
- Outcome: This led to widespread resentment.
2. The JVP Committee (Jawaharlal Nehru, Vallabhbhai Patel, Pattabhi Sitaramayya), 1948:
- Appointed by the Congress to review the Dhar Commission’s report.
- Recommendation: It formally rejected language as the basis for reorganization, prioritizing national unity.
- However, it opened a small window: It stated that if there was a strong popular sentiment and agreement, the demand could be considered.
3. The Turning Point: The Creation of Andhra:
- There was a massive popular agitation in the Telugu-speaking areas of Madras state for a separate state of Andhra.
- Potti Sriramulu, a Gandhian leader, undertook a fast unto death and died after 56 days in December 1952.
- His death led to widespread violence, forcing the government to concede the demand.
- Andhra State, the first linguistic state in India, was created in October 1953.
4. The Fazl Ali Commission (States Reorganisation Commission), 1953:
- The creation of Andhra opened the floodgates for similar demands from other parts of the country.
- The government appointed this three-member commission (Fazl Ali, K. M. Panikkar, and H. N. Kunzru) to examine the entire question of state reorganization.
- Key Recommendations (Submitted in 1955):
  - It broadly accepted language as the basis of reorganization.
  - BUT, it rejected the theory of “one language, one state.”
  - It stated that the unity and security of India should be the primary consideration in any redrawing of boundaries.
  - It suggested four major factors to be taken into account:
    1. Preservation and strengthening of the unity and security of the country.
    2. Linguistic and cultural homogeneity.
    3. Financial, economic, and administrative considerations.
    4. Planning and promotion of the welfare of the people in each state.

The States Reorganisation Act, 1956:

Based largely on the recommendations of the Fazl Ali Commission.
Key Provisions:
- It abolished the old Part A, B, C, D classification of states.
- It created 14 states and 6 union territories on November 1, 1956.
- This act led to the creation of states like Kerala, Karnataka (then Mysore), and Madhya Pradesh, and reorganized the boundaries of many others.

Reorganisation After 1956 (The Continuing Process):

The 1956 Act did not end the process. New states and UTs continued to be created based on various factors.

Bifurcation of Bombay (1960): Divided into Maharashtra (for Marathi-speakers) and Gujarat (for Gujarati-speakers) after the Mahagujarat movement.
Creation of Nagaland (1963): To satisfy the demands of the Nagas.
Punjab Reorganisation (1966): On the recommendation of the Shah Commission, the state of Punjab was bifurcated to create Haryana (Hindi-speaking), and the hilly areas were merged with Himachal Pradesh. Chandigarh was made a UT and a shared capital.
New States in the North-East: Manipur, Tripura (1972), and Meghalaya were upgraded to statehood. Mizoram and Arunachal Pradesh became states in 1987.
New States in 2000 (Based on Socio-economic and Developmental Factors):
- Chhattisgarh (from Madhya Pradesh).
- Uttarakhand (from Uttar Pradesh).
- Jharkhand (from Bihar).
- This marked a shift from language being the primary basis to developmental backwardness and distinct tribal identity as key reasons.
Creation of Telangana (2014): Carved out of Andhra Pradesh after a long agitation.
Reorganisation of Jammu & Kashmir (2019): The state was reorganized into two Union Territories: J&K and Ladakh.

The Constitutional Procedure (Article 3):

Parliament has the power to form new states, alter their boundaries, or change their names.
Procedure:
1. A bill for this purpose can be introduced in either House of Parliament only on the prior recommendation of the President.
2. Before recommending the bill, the President has to refer the same to the state legislature concerned for expressing its views within a specified period.
3. The President (or Parliament) is NOT bound by the views of the state legislature.
4. The bill is then passed in Parliament by a simple majority.
Conclusion: The process clearly demonstrates the unitary bias of the Indian Constitution. India is an “indestructible Union of destructible states.”

Analysis: Rationale, Consequences, and Ongoing Demands:

Was Linguistic Reorganisation a good idea? (Consequences):
- Positive:
  - It has strengthened national unity, not weakened it. It has made the Indian federation more democratic by accommodating regional aspirations.
  - It has enabled the use of regional languages for administration and education, leading to greater participation of the common people.
  - It has allowed for the preservation and promotion of distinct regional cultures.
- Negative:
  - It has sometimes given rise to intense regionalism and parochialism.
  - It has created several inter-state disputes (border, water).
  - It has created the “problem of linguistic minorities” in every state.
Ongoing Demands:
- There are still demands for the creation of new states (e.g., Vidarbha in Maharashtra, Gorkhaland in West Bengal). The debate on whether smaller states are better for administration and development continues.

Emergency Provisions (Part XVIII, Articles 352-360)

This can be broken down into:

The Rationale: Why were emergency provisions included in the Constitution?
National Emergency (Article 352).
President’s Rule / State Emergency (Article 356).
Financial Emergency (Article 360).
Critical Evaluation of these provisions, with a focus on their misuse.

The Rationale (Why include these provisions?):

To Safeguard National Interest: The framers of the Constitution envisioned that in extraordinary situations, the security, unity, and integrity of the nation must take precedence over the normal functioning of the constitutional machinery.
Dr. Ambedkar’s Justification: He acknowledged that these provisions could be misused but argued that they were necessary as a “safety valve” to protect the Constitution and the nation from both external aggression and internal collapse.
Unique Feature: It enables the federal government to acquire the strength of a unitary government without a formal amendment of the Constitution.

National Emergency (Article 352):

Grounds for Proclamation:
- The President can declare a national emergency when the security of India or a part of it is threatened by:
  1. War
  2. External aggression
  3. Armed rebellion
- Key Amendment (44th Amendment, 1978): The original term was “internal disturbance.” This was considered too vague and was replaced by the more specific term “armed rebellion” to prevent its misuse (as was done in 1975).
- The President can proclaim an emergency even before the actual occurrence of war or rebellion, if he is satisfied that there is an imminent danger.
Parliamentary Approval and Duration:
- The proclamation must be approved by both Houses of Parliament within one month from the date of its issue.
- The approval must be by a special majority (a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting).
- Once approved, it continues for six months and can be extended for another six months at a time, with parliamentary approval, for an indefinite period.
Revocation:
- The President can revoke it at any time.
- Safeguard (44th Amendment): The Lok Sabha can pass a resolution by a simple majority disapproving its continuation, in which case the President must revoke it.
Effects of a National Emergency:
- 1. On Centre-State Relations (Becomes Unitary):

- - Executive: The Centre becomes entitled to give executive directions to any state on any matter.
  - Legislative: Parliament becomes empowered to make laws on any subject in the State List.
  - Financial: The President can modify the distribution of revenues between the Centre and the states.

- 2. On the Life of the Lok Sabha and State Assembly:

- - The life of the Lok Sabha can be extended beyond its normal term for one year at a time.

- 3. On Fundamental Rights (The Most Significant Impact):

- - Article 358 (Suspension of Article 19): When an emergency is declared on grounds of war or external aggression (NOT armed rebellion), the six rights under Article 19 are automatically suspended.
  - Article 359 (Suspension of the Enforcement of other FRs): The President is authorized to suspend the right to move any court for the enforcement of the Fundamental Rights specified in his order.
  - Crucial Safeguard (44th Amendment): The President cannot suspend the right to move the court for the enforcement of Fundamental Rights guaranteed by Articles 20 (protection in respect of conviction for offences) and 21 (protection of life and personal liberty). This is a very important safeguard against misuse.

Proclamations so far: Three times – 1962 (China war), 1971 (Pakistan war), and 1975 (on grounds of “internal disturbance”).

President’s Rule / State Emergency / Constitutional Emergency (Article 356):

A. Grounds for Imposition:
- Article 356: The President can issue a proclamation if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution. This is often based on a report from the Governor.
- Article 365: If a state fails to comply with or to give effect to any direction from the Centre.
Parliamentary Approval and Duration:
- Must be approved by both Houses of Parliament within two months.
- Approval is by a simple majority.
- Once approved, it continues for six months. It can be extended for a maximum period of three years with parliamentary approval every six months.
Consequences:
- The President dismisses the state Council of Ministers. The state Governor, on behalf of the President, carries on the state administration.
- The Parliament assumes the power to make laws for the state.
- The state legislative assembly is either suspended or dissolved.
The Misuse and Controversy (The Core Analytical Issue):
- This is the most controversial and misused provision of the Constitution. It has often been used by the Central government for partisan interests to dismiss state governments run by opposition parties.
- Dr. Ambedkar had hoped it would remain a “dead letter.”
Role of the Judiciary (The Safeguard):
- S.R. Bommai case (1994): This is the landmark judgment that has put significant checks on the arbitrary imposition of President’s Rule.
- Key Principles laid down:
  1. The proclamation of President’s Rule is subject to judicial review.
  2. The President’s satisfaction must be based on relevant material. The court can strike down the proclamation if it is based on mala fide or extraneous grounds.
  3. The burden lies on the Centre to prove that relevant material exists.
  4. The majority of a state government should be tested on the floor of the House.
  5. The state legislative assembly should not be dissolved immediately but should only be suspended until Parliament approves the proclamation.

Financial Emergency (Article 360):

Grounds for Proclamation:
- If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of its territory is threatened.
Parliamentary Approval and Duration:
- Must be approved by both Houses of Parliament within two months by a simple majority.
- Once approved, it continues indefinitely until it is revoked.
Consequences:
- The executive authority of the Centre extends to giving financial directions to any state.
- The President can order the reduction of salaries and allowances of all or any class of persons serving the Union or the states, including the judges of the Supreme Court and the High Courts.
- All money bills or other financial bills of a state can be reserved for the consideration of the President.
Status: This has never been imposed in India so far.

Critical Evaluation:

Necessity vs. Misuse: While necessary for preserving the unity and integrity of the nation, the provisions, especially Article 356, have been used as a political weapon against state governments, thereby undermining the federal fabric.
Impact on Democracy: The 1975 emergency showed how these provisions could be used to subvert democracy and curtail fundamental rights.
Role of Safeguards: The 44th Amendment Act and Supreme Court judgments like the S.R. Bommai case have been crucial in introducing safeguards to prevent blatant misuse.

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