Indian Constitution
INDIAN
CONSTITUTION
(As per the Syllabus for Sixth Semester Diploma
(Revision 2021), State Board of Technical Education,
Kerala)
Compiled by :
Ahraz Aboobacker A K
Head of Department
Electrical & Electronics Engineering
Indira Gandhi Polytechnic College, Perumbavoor
Dept. of EEE, Indira Gandhi Polytechnic College, Perumbavoor
Indian Constitution
INDIAN CONSTITUTION
MODULE 1
Definition:
The Indian Constitution refers to the supreme law of India, which lays
down the framework that defines the political principles, establishes the
structure, procedures, powers, and duties of the government institutions,
and sets out the fundamental rights, directive principles, and
responsibilities of citizens. Adopted on January 26, 1950, the Constitution
is the guiding document that governs the world's largest democracy.
Significance:
1. Democratic Foundation:
The Indian Constitution is the cornerstone of India's democratic system. It
ensures that power is in the hands of the people through elected
representatives, promoting a government of the people, for the people, by
the people.
2. Fundamental Rights:
It guarantees fundamental rights to all citizens, such as the right to equality,
freedom of speech, and protection against discrimination. These rights
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Indian Constitution
ensure individual liberties and act as a safeguard against potential misuse
of power.
3. Directive Principles of State Policy:
The Constitution provides directive principles to guide the state in matters
of policy and legislation, aiming to establish a just and equitable society by
promoting social justice, economic welfare, and the overall well-being of
citizens.
4. Federal Structure:
It defines the distribution of powers between the central government and
the states, creating a federal structure that maintains a delicate balance of
authority, preventing the concentration of power.
5. Secularism:
The Constitution upholds the principles of secularism, ensuring that the
state does not favor any particular religion. This ensures a pluralistic
society where individuals are free to practice their faith without fear of
discrimination.
6. Amendment Procedure:
The Constitution provides a mechanism for its own amendment, allowing it
to adapt to changing circumstances and needs. This flexibility ensures that
the document remains relevant over time.
7. Rule of Law:
The Constitution establishes the rule of law, ensuring that all individuals,
including those in power, are subject to the law. This principle helps
maintain order, justice, and accountability in the functioning of the
government.
8. Independent Judiciary:
The Constitution establishes an independent judiciary, separate from the
executive and legislative branches, to safeguard the rights of citizens and
ensure justice.
The Indian Constitution is the foundation of India's democratic and
diverse society. It not only provides a framework for governance but also
guarantees the rights and freedoms of its citizens, making it a document of
immense importance in shaping the nation's past, present, and future.
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Indian Constitution
Understanding its provisions is crucial for every citizen, as it forms the
basis of the Indian way of life and governance.
Evolution of the Indian Constitution:
1. Regulating Act of 1773:
Context: The East India Company's early control.
Features:
 Establishes the Supreme Court in Calcutta to regulate and administer
justice.
 Introduces a Governor-General of Bengal to oversee the Company's
territories in India.
2. Charter Act of 1833:
Context: Shift in British policy towards Indian governance.
Features:
 Renames the Governor-General of Bengal as the Governor-General of
India.
 Expands legislative powers and introduces Indian representation in
legislative councils, albeit limited
3. Indian Councils Act of 1861:
Context: Increasing demand for Indian participation.
Features:
 Expands legislative councils, allowing non-official members.
 Introduces a portfolio system, designating certain members with
responsibility for specific departments.
4. Indian Councils Act of 1892:
Context: Ongoing demand for more representation.
Features:
 Further increases the size of legislative councils.
 Introduces communal representation, particularly for Muslims.
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Indian Constitution
5. Government of India Act 1909 (Morley- Minto Reforms):
Background: Introduced by the British government to address the
increasing demand for Indian representation in governance.
Features:
 Introduces separate electorates for Muslims.
 Expands the legislative councils but still maintains a significant
degree of central control.
6. Government of India Act 1919 (Montagu-Chelmsford Reforms) :
Background: A response to the Montagu-Chelmsford Report and the
aftermath of World War I, aiming to increase Indian participation in
governance.
Features:
 Introduces the principle of diarchy, dividing the provincial subjects
into reserved and transferred categories.
 Expands the franchise, allowing a larger section of the population to
vote.
7. Government of India Act 1935:
Background: The most comprehensive pre-independence constitutional
framework, responding to the demand for constitutional reforms.
Features:
 Introduces federalism with a separate set-up for provinces and
princely states.
 Provides for a bicameral legislature at the center and provinces.
 Introduces provincial autonomy and responsible government.
 Lays the foundation for the future Indian Constitution.
8. Cabinet Mission Plan 1946:
Context: Post-World War II political developments.
Features:
 Proposes a federal union of India with autonomous provinces to
address communal tensions.
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Indian Constitution
 Recommends separate Constituent Assemblies for Hindu-majority
and Muslim-majority regions.
9. Independence Act 1947:
Background: Enacted as a result of the mounting pressure for India's
independence and the end of British rule.
Features:
 Divides British India into two independent dominions, India and
Pakistan.
 Gives freedom to the princely states to accede to either dominion or
remain independent.
 Marks the end of British rule and the beginning of India as a
sovereign nation.
10.
Constituent Assembly and Adoption of the Constitution (19471950):
Context: Framing a new constitution for independent India.
Features:
 Dr. B.R. Ambedkar chairs the drafting committee, incorporating
diverse perspectives.
 The Constitution is adopted on January 26, 1950, marking the birth of
the Republic of India.
Preamble of Indian Constitution
What is a Preamble?



A preamble is an introductory statement in a document that explains
the document’s philosophy and objectives.
In
a
Constitution,
it
presents
the intention
of
its
framers, the history
behind
its
creation, and
the core
values and principles of the nation.
The preamble basically gives idea of the following things/objects:
o Source of the Constitution
o Nature of Indian State
o Statement of its objectives
o Date of its adoption
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Indian Constitution
History of the Preamble to Indian Constitution


The ideals behind the Preamble to India’s Constitution were laid
down by Jawaharlal Nehru’s Objectives Resolution, adopted by
the Constituent Assembly on January 22, 1947.
Although not enforceable in court, the Preamble states the objectives
of the Constitution, and acts as an aid during the interpretation of
Articles when language is found doubtful.
Components of Preamble




It is indicated by the Preamble that the source of authority of the
Constitution lies with the people of India.
Preamble declares India to be a sovereign, socialist, secular and
democratic republic.
The objectives stated by the Preamble are to secure justice, liberty,
equality to all citizens and promote fraternity to maintain unity
and integrity of the nation.
The date is mentioned in the preamble when it was adopted
i.e. November 26, 1949.
Key words in the Preamble





We, the people of India: It indicates the ultimate sovereignty of
the people of India. Sovereignty means the independent authority of
the State, not being subject to the control of any other State or
external power.
Sovereign: The term means that India has its own independent
authority and it is not a dominion of any other external power. In the
country, the legislature has the power to make laws which are
subject to certain limitations.
Socialist: The term means the achievement of socialist ends
through democratic means. It holds faith in a mixed economy where
both private and public sectors co-exist side by side.
o It was added in the Preamble by 42nd Amendment, 1976.
Secular: The term means that all the religions in India get equal
respect, protection and support from the state.
o It was incorporated in the Preamble by 42nd Constitutional
Amendment, 1976.
Democratic: The term implies that the Constitution of India has an
established form of Constitution which gets its authority from the
will of the people expressed in an election.
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Indian Constitution

Republic: The term indicates that the head of the state is elected by
the people. In India, the President of India is the elected head of the
state.
Objectives of the Indian Constitution


The Constitution is the supreme law and it helps to maintain
integrity in the society and to promote unity among the
citizens to build a great nation.
o The main objective of the Indian Constitution is to promote
harmony throughout the nation.
The factors which help in achieving this objective are:
o Justice: It is necessary to maintain order in society that is
promised through various provisions of Fundamental
Rights and Directive Principles of State Policy provided by
the Constitution of India. It comprises three elements, which
is social, economic, and political.
 Social Justice – Social justice means that the Constitution
wants to create a society without discrimination on any
grounds like caste, creed, gender, religion, etc.
 Economic Justice
– Economic Justice means no
discrimination can be caused by people on the basis of
their wealth, income, and economic status. Every person
must be paid equally for an equal position and all people
must get opportunities to earn for their living.
 Political Justice – Political Justice means all the people
have an equal, free and fair right without any
discrimination to participate in political opportunities.
o Equality: The term ‘Equality’ means no section of society has
any special privileges and all the people have given equal
opportunities for everything without any discrimination.
Everyone is equal before the law.
o Liberty: The term ‘Liberty’ means freedom for the people to
choose their way of life, have political views and behavior in
society. Liberty does not mean freedom to do anything, a
person can do anything but in the limit set by the law.
o Fraternity: The term ‘Fraternity’
means a feeling of
brotherhood and an emotional attachment with the country
and all the people. Fraternity helps to promote dignity and
unity in the nation.
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Indian Constitution
Salient Features of the Indian Constitution
1. Written Constitution:
India has a written constitution, a comprehensive document that codifies
the fundamental principles and laws of the nation. It provides a clear
framework for governance, outlining the structure of the government, the
rights of citizens, and the division of powers.
2. Largest Constitution:
The Indian Constitution is one of the longest and most detailed in the
world.
Its extensive content reflects the framers approach in addressing diverse
challenges and aspirations, ensuring a robust legal foundation for the
nation.
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Indian Constitution
3. Rigid and Flexible Amendment:
Rigid Aspect: Certain provisions of the Constitution can only be amended
by a special majority in Parliament, ensuring stability in fundamental
principles.
Flexible Aspect: Some provisions can be amended by a simple majority,
allowing for adaptability to changing circumstances.
4. Bicameral Legislature:
India has a bicameral legislature at both the central and state levels.
It facilitates a comprehensive legislative process, ensuring thorough
deliberation and representation of diverse perspectives.
5. Federal and Unitary Features:
Federal Aspect: India follows a federal system with a clear division of
powers between the central government and states.
Unitary Aspect: In emergencies, the Constitution allows for a temporary
shift to a more centralized authority, emphasizing flexibility in governance.
6. Integrated Judiciary:
India has a single and integrated judiciary system.
It ensures consistency in interpretation and application of laws across the
country, fostering uniformity and justice.
7. Citizenship:
Significance: The Constitution outlines the criteria for Indian citizenship.
Impact: It defines who qualifies as an Indian citizen, delineating the rights
and responsibilities associated with citizenship.
8. Emergency Provisions:
The Constitution provides for three types of emergencies—national, state,
and financial. These provisions empower the government to handle crises
effectively, striking a balance between maintaining order and protecting
democratic values.
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Indian Constitution
MODULE 2
Fundamental Rights in the Constitution of India
Fundamental Rights are a crucial component of the Indian Constitution,
enshrined in Part III (Articles 12 to 35). They are essential for protecting
individual liberties and promoting social justice. These rights are
justiciable, meaning they can be enforced by the judiciary.
Key Fundamental Rights:
1. Right to Equality (Articles 14-18):

Equality before the Law: Ensures equal treatment for all
individuals before the law.

Prohibition of Discrimination: Forbids discrimination on
grounds of religion, race, caste, sex, or place of birth.

Abolition of Untouchability: Prohibits the practice of
untouchability, ensuring social equality.
2. Right to Freedom (Articles 19-22):

Freedom of Speech and Expression: Guarantees the right to
express one's thoughts and opinions.

Right to Assembly: Allows citizens to assemble peacefully and
without arms.

Right to Form Associations and Unions: Permits the
formation of associations or unions.
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
Right to Move Freely: Ensures the freedom of movement
within the country.

Right to Residence and Settlement: Safeguards the right to
reside and settle in any part of the country.
3. Right against Exploitation (Articles 23-24):

Prohibition of Traffic in Human Beings: Outlaws human
trafficking and forced labor.

Prohibition of Child Labor: Safeguards children against
exploitation in hazardous occupations.
4. Right to Freedom of Religion (Articles 25-28):

Freedom of Conscience: Ensures the freedom of individuals to
profess, practice, and propagate any religion.

Freedom from Religious Tax: Forbids the levying of taxes to
promote a particular religion.

Freedom from Attending Religious Instruction: Allows
individuals to opt out of religious instruction in educational
institutions.
5. Cultural and Educational Rights (Articles 29-30):

Right of Minorities to Establish and Administer Educational
Institutions: Empowers religious and linguistic minorities to
establish and administer educational institutions.

Right to Conserve Language, Script, or Culture: Provides
safeguards to preserve the distinctive culture, language, or
script of a community.
6. Right to Constitutional Remedies (Article 32):

Right to Move to the Supreme Court for the Enforcement of
Fundamental Rights: Enables citizens to approach the
Supreme Court directly for the enforcement of their
fundamental rights.

Writs: The Supreme Court can issue writs such as Habeas
Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto
to protect fundamental rights.
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 Habeas Corpus:
Purpose: To protect an individual's personal liberty against unlawful
detention or imprisonment.
Example: If a person is arrested without proper legal authority, a writ of
habeas corpus can be filed to bring the individual before the court, ensuring
the legality of the detention.
 Mandamus:
Purpose: To command a public official or authority to perform a duty that
they are legally obligated to fulfill.
Example: If a government official refuses to release information under the
Right to Information (RTI) Act, a writ of mandamus can be sought to
compel them to provide the required information.
 Prohibition:
Purpose: To prevent a lower court or tribunal from exceeding its
jurisdiction or acting beyond its legal authority.
Example: If a lower court is conducting proceedings that fall outside its
legal jurisdiction, a writ of prohibition can be filed to stop those
proceedings.
 Certiorari:
Purpose: To quash the order or decision of a lower court or tribunal if it
has acted beyond its jurisdiction or committed an error of law.
Example: If an administrative tribunal makes a decision that is beyond its
legal authority or violates the principles of natural justice, a writ of
certiorari can be filed to set aside that decision.
 Quo Warranto:
Purpose: To inquire into the legality of a person holding a public office and
to challenge their authority to continue in that position.
Example: If there are doubts about the eligibility of a person holding a
public office, a writ of quo warranto can be filed to question their right to
hold that position.
Significance of fundamental rights
1. Individual Empowerment: Fundamental Rights empower
individuals by protecting them from arbitrary state actions and
discrimination.
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2. Social Justice: They play a crucial role in promoting social justice by
prohibiting practices like untouchability and child labor.
3. Democratic Values: Fundamental Rights uphold the democratic
values of equality, liberty, and justice, forming the bedrock of India's
democratic system.
4. Judicial Oversight: The judiciary acts as a guardian of these rights,
ensuring their enforcement and protecting citizens against violations.
Directive Principles of State Policy (DPSP)
Directive Principles of State Policy, as laid down in Part IV (Articles 36-51)
of the Indian Constitution, are a set of guidelines and principles that aim to
direct the state in matters of governance. While not legally enforceable,
they serve as a moral and political compass for formulating policies that
foster socio-economic justice and welfare.
Key Directives:
1. Article 38: Social Justice and Equal Opportunities:
 Directs the state to secure social justice and ensure equal
opportunities for all citizens.
 Encourages policies to reduce economic inequalities and prevent
discrimination.
2. Article 39: Economic Equality and Common Good:
 Advocates for the state to direct its policy towards securing the
distribution of wealth and resources.
 Emphasizes that economic activities should serve the common good.
3. Article 40: Organization of Village Panchayats:
 Urges the state to take steps to organize Village Panchayats and
empower them with self-governance.
 Aims at decentralizing power and promoting local administration.
4. Article 44: Uniform Civil Code:
 Directs the state to endeavor towards a Uniform Civil Code for all
citizens.
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 Aims at achieving social justice, gender equality, and national
integration.
5. Article 48: Agriculture and Animal Husbandry:
 Encourages the state to take steps for preserving and improving the
breeds of animals.
 Advocates for agricultural and animal husbandry practices to be
organized on modern and scientific lines.
Scope of Part IV (DPSP)
Part IV lists several Directive Principles from Articles 36 to 51. These have,
however, neither been classified nor systematically arranged. For the sake
of convenience the scholars usually classify these into four main categories:
(1) Socialistic Principles, (2) Gandhian Principles, (3) Liberal Principles and
(4) General Principles.
I)
Socialistic Principles:
The following are the socialistic Principles:
1. The state shall try to secure the welfare of the people by securing a social
order characterised by Justice – social economic and political.
2. The state shall provide adequate means of livelihood to all citizens, men
as well 38 as women.
3. To secure equitable distribution of material resources of the community
with a view to ensure common good.
4. To operate the economic system in such a way as to prevent the
concentration of wealth and means of production.
5. To provide equal pay for equal work for both men and women.
6. To protect the health and strength of the workers, men and women, to
protect the children from entering avocations unsuited to their age or
strength.
7. To protect children and youth from exploitation and moral and material
abandonment.
8. To secure right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disablement and in other cases of
undeserved want.
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9. To make provisions for securing just and humane conditions of work,
and for maternity relief.
10. To secure to all workers, work, a living wage, condition of work
ensuring a decent standard of life, and full enjoyment of leisure and social
and cultural opportunities.
11. To secure participation of workers in the management of industries.
II. Gandhian Principles
1. To organize Village Panchayat
2. To Promote cottage industries
3. To promote the educational and economic interests of the weaker
sections of the people and in particular of the scheduled caste and
scheduled tribes.
4. Prohibition of the consumption of intoxicating drinks and drugs which
are 39 injurious to health.
5. To organize agriculture and animal husbandry
III. Liberal Principles
1. To secure a uniform civil code for Indians
2. To provide for free and compulsory education to all children upto the age
of fourteen years within ten years.
3. To secure the separation of judiciary from the executive.
4. To provide free legal aid to the poor so that justice is not denied to any
citizen because of poverty.
IV. General Principles
1. To protect and improve the environment and to safeguard the forests
and wild life of the country.
2. To protect every monument or place or object of artistic or historic
interest from spoliation disfigurement, destruction, removal, disposal or
export.
3. To promote international peace and security.
4. To maintain just and honourable relations between nations.
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5. To foster respect for international law and treaty obligations.
6. To encourage a settlement of international disputes by arbitration
Fundamental Duties (Part IV A)
“Rights and Duties are inter-related and these represent the two sides of
the same coin”
Part IVA of the Indian Constitution comprises a set of ten Fundamental
Duties that were added through the 42nd Amendment in 1976. These
duties are outlined in Articles 51A and are considered an essential
component for the proper functioning and progress of the nation.
Key Features:
1. Citizen's Responsibilities:
- Fundamental Duties elucidate the responsibilities of citizens towards
the nation.
- Intended to instill a sense of commitment and social responsibility.
2. Non-Justiciable Nature:
- Unlike Fundamental Rights, Fundamental Duties are non-justiciable,
meaning they are not enforceable by the courts.
- Citizens are expected to voluntarily uphold these duties without legal
repercussions.
Fundamental Duties:
1. To Abide by the Constitution and Respect its Ideals (Article 51A(a)):
- Citizens are duty-bound to respect and follow the Constitution, its
values, and ideals.
- This includes allegiance to the principles of democracy, secularism, and
social justice.
2. To Uphold and Protect the Sovereignty, Unity, and Integrity of India
(Article 51A(b)):
- It emphasizes the duty of citizens to defend the nation's sovereignty and
unity.
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- Encourages a sense of national pride and loyalty.
3. To Defend the Country and Render National Service When Called
Upon to Do So (Article 51A(c)):
- Stresses the duty to contribute to national defense when required.
- Encourages a spirit of patriotism and readiness to serve the country.
4. To Promote Harmony and the Spirit of Common Brotherhood
Amongst All the People of India (Article 51A(d)):
- Encourages citizens to foster a sense of brotherhood and unity,
transcending differences.
- Aims to build a harmonious and inclusive society.
5. To Value and Preserve the Rich Heritage of the Country's Composite
Culture (Article 51A(e)):
- Highlights the duty to respect and preserve India's diverse cultural
heritage.
- Encourages citizens to appreciate the nation's pluralistic ethos.
6. To Protect and Improve the Natural Environment, Including
Forests, Lakes, Rivers, and Wildlife, and to Have Compassion for
Living Creatures (Article 51A(g)):
- Emphasizes environmental stewardship and the duty to protect wildlife.
- Promotes a sense of responsibility towards ecological conservation.
7. To Develop Scientific Temper, Humanism, and the Spirit of Inquiry
and Reform (Article 51A(h)):
- Encourages citizens to cultivate a scientific and rational outlook.
- Fosters a commitment to progress, inquiry, and continuous
improvement.
8. To Safeguard Public Property and to Abjure Violence (Article
51A(j)):
- Stresses the duty to protect public property and renounce violence.
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- Promotes a commitment to peaceful coexistence and societal order.
Comparison of Directive Principles and Fundamental Rights
1. Nature and Enforceability:
- DPSP: Non-justiciable, non-enforceable in court.
- Fundamental Rights: Justiciable, enforceable in court.
2. Purpose and Focus:
- DPSP: Guide state in policy for societal welfare.
- Fundamental Rights: Protect individual liberties against state actions.
3. Enforceability by Citizens:
- DPSP: Citizens can't directly enforce.
- Fundamental Rights: Citizens can approach courts for enforcement.
4. Social vs. Individual Perspective:
- DPSP: Societal perspective, emphasizing social justice.
- Fundamental Rights: Individual-centric, safeguarding personal freedoms.
5. Legal Standing:
- DPSP: Not legally binding, principles for government guidance.
- Fundamental Rights: Legally binding, enforceable by courts.
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Indian Constitution
MODULE 3
The following are known as the three pillars of democracy.
1. Legislature
2. Executive
3. Judiciary
Legislature
Union Parliament: Lok Sabha and Rajya Sabha
1. Lok Sabha: Composition, Powers, and Functions:
Composition:
- Members are directly elected by the people.
- Maximum strength is 552 members, including two nominated AngloIndians.
- Members represent constituencies based on population.
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Powers and Functions:
 Legislative Functions:
- Initiates and passes bills related to finance, ordinary laws, and
constitutional amendments.
- Exercises control over the executive through various parliamentary
mechanisms.
- Approves the budget and financial matters.
 Executive Functions:
- Lok Sabha has a role in the formation of the government. The leader of the
majority party becomes the Prime Minister.
- Holds the power of a vote of no-confidence against the government.
Representation:
- Represents the will and aspirations of the people.
- Acts as a forum for debates and discussions on national issues.
Speaker of Lok Sabha:
- Elected by members.
- Presides over the sessions, maintains order, and decides on points of
order.
- Represents the Lok Sabha in its relations with the President and in all
external matters.
2. Rajya Sabha: Composition, Powers, and Functions:
Composition:
- Members are elected by the elected members of the State Legislative
Assemblies.
- Twelve members are nominated by the President for their expertise in
various fields
Powers and Functions:
 Legislative Functions:
- Reviews and suggests amendments to bills initiated by the Lok Sabha.
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Indian Constitution
- Discusses and approves non-money bills.
Representation:
- Represents the states and union territories.
- Ensures a federal balance in the legislative process.
Special Powers:
- Approves the proclamation of a state of emergency.
- Approves the creation or abolition of states.
Role in Bicameral System:
- Provides a revising chamber for a comprehensive legislative process.
- Represents states and territories, ensuring their interests are considered.
Speaker of Rajya Sabha:
- Similar to the Speaker of Lok Sabha but presides only in the absence of the
Vice President.
- Maintains order and decorum during sessions.
Executive
Powers and Functions of the Executive: Union and State
A. Union Executive:
1. President:
 Executive Powers:
- Appoints the Prime Minister and Council of Ministers.
- Issues ordinances when Parliament is not in session.
- Appoints the Chief Justice and judges of the Supreme Court and High
Courts.
 Legislative Powers:
- Addresses Parliament, setting out the government's policies.
- Summons and prorogues sessions, dissolves Lok Sabha.
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Indian Constitution
 Financial Powers:
- Presents the annual budget to Parliament.
- Can withhold his assent to a money bill.
2. Vice-President:
Presiding Officer of Rajya Sabha:
- Acts as the ex-officio Chairman of Rajya Sabha.
- Presides over its sessions and maintains order.
Acting President:
- In the absence of the President, discharges the President's functions.
3. Prime Minister:
 Executive Powers:
- Heads the Council of Ministers.
- Formulates policies and makes major decisions.
 Legislative Powers:
- Leader of the Lok Sabha.
- Presents government policies and legislation.
 Advisor to the President:
- Provides advice to the President on key appointments and decisions.
4. Council of Ministers:
Collective Responsibility:
- Collective decision-making responsibility to Parliament.
- Resignation of the entire cabinet in case of a major policy disagreement.
Individual Responsibilities:
- Each minister is responsible for their respective ministry.
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B. State Executive:
1. Governor:
 Executive Powers:
- Appoints the Chief Minister and other ministers.
- Assents bills for their enactment into law.
 Legislative Powers:
- Can summon and prorogue the State Legislature.
- Can dissolve the State Legislative Assembly.
 Emergency Powers:
- Can recommend President's Rule in case of a breakdown of
constitutional machinery in the state.
2. Chief Minister:
 Executive Powers:
- Heads the Council of Ministers in the state.
- Formulates policies and makes major decisions
 Legislative Powers:
- Leader of the Legislative Assembly.
- Presents government policies and legislation.
 Advisor to the Governor:
- Provides advice to the Governor on key appointments and decisions.
3. Council of Ministers (State):
Collective Responsibility:
- Similar to the Union Cabinet, with collective and individual
responsibilities.
- Resignation of the entire cabinet in case of a major policy disagreement.
Individual Responsibilities:
- Each minister is responsible for their respective portfolio.
Dept. of EEE, Indira Gandhi Polytechnic College, Perumbavoor
Indian Constitution
Judiciary
1. Supreme Court:
 Original and Appellate Jurisdiction:
Original: Hears cases involving disputes between states or between
the Union and states.
Appellate: Hears appeals from High Courts and other tribunals.
 Guardian of the Constitution:
- Upholds the Constitution and interprets its provisions.
- Ensures the protection of fundamental rights.
 Advisory Jurisdiction:
- Renders advice to the President on legal matters when sought.
 Judicial Review:
- Examines the constitutionality of legislative and executive actions.
- Ensures conformity with constitutional principles.



Chief Justice of India (CJI):
 The highest-ranking judicial officer in the country.
 Appointed by the President and holds office until the age of 65.
 Acts as the administrative head of the judiciary.
Judges:
 Currently, the total strength, including the CJI, is 34 judges.
 Appointed by the President based on recommendations of the
Collegium system, which includes the CJI and senior judges.
 Judges hold office until the age of 65.
Appointment Process:
 Judges are appointed based on their legal intelligence, experience,
and standing in the legal profession.
 Collegium system aims at ensuring transparency and accountability
in the appointment process.
Dept. of EEE, Indira Gandhi Polytechnic College, Perumbavoor
Indian Constitution
2. High Court:
 Original and Appellate Jurisdiction:
Original: Hears cases of significant legal importance within the state.
Appellate: Hears appeals from lower courts.
 Supervisory Jurisdiction:
- Exercises supervisory powers over lower courts within its jurisdiction.
 Guardian of Fundamental Rights:
- Protects fundamental rights of citizens within its jurisdiction.
 Judicial Review:
- Reviews the constitutionality of laws and executive actions within its
territorial limits.



Chief Justice of the High Court:
 The highest-ranking judicial officer in the state or Union Territory.
 Appointed by the President and holds office until the age of 62.
Judges:
 The total number of judges varies for each High Court.
 Appointed by the President based on recommendations of the
Collegium system, which includes the Chief Justice of the High Court
and senior judges.
 Judges hold office until the age of 62.
Appointment Process:
 Similar to the Supreme Court, judges are appointed based on merit,
legal expertise, and seniority.
 The Collegium system ensures a consultative process for judicial
appointments
Dept. of EEE, Indira Gandhi Polytechnic College, Perumbavoor
Indian Constitution
Independence of Judiciary:
1. Appointment and Tenure:
- Judges are appointed based on merit and judicial competence.
- Generally have a fixed tenure to ensure independence from political
influences.
2. Security of Tenure:
- Judges can only be removed through a complex process involving
impeachment, ensuring security of tenure.
3. Financial Independence:
- The judiciary has financial autonomy to prevent external influences.
4. Immunity from External Influence:
- Judges are insulated from external pressures, allowing them to
adjudicate impartially.
5. Judicial Accountability:
- While enjoying independence, judges are accountable through internal
mechanisms and impeachment in cases of misconduct.
Dept. of EEE, Indira Gandhi Polytechnic College, Perumbavoor
Indian Constitution
MODULE 4
73rd and 74th Amendments
The 73rd and 74th Amendments to the Constitution of India were
landmark steps taken in 1992 to strengthen and institutionalize local selfgovernment in rural and urban areas, respectively.
Key Provisions of the 73rd Amendment (Panchayati Raj Institutions PRIs):
1. Three-Tier Structure:
- Introduced a three-tier system of Panchayati Raj Institutions (PRIs) at
the village (Gram Panchayat), intermediate (Panchayat Samiti), and district
(Zila Parishad) levels.
2. Direct Elections:
- Mandated direct elections for chairpersons at all three levels.
- Strengthened local democracy by ensuring the direct participation of
citizens in the election of their local leaders
3. Reservation of Seats:
- Provided for the reservation of seats for Scheduled Castes (SCs),
Scheduled Tribes (STs), and women at all levels.
- Aims at fostering social justice and inclusive representation.
4. Devolution of Powers:
- Empowered PRIs with the responsibility for economic development and
social justice.
Dept. of EEE, Indira Gandhi Polytechnic College, Perumbavoor
Indian Constitution
- Devolved powers and functions related to planning and implementation
of schemes.
Key Provisions of the 74th Amendment (Urban Local Bodies – ULBs/
Nagarpalika):
1. Formation of Urban Local Bodies (ULBs):
- Laid the foundation for a three-tier system of Urban Local Bodies,
comprising Municipal Corporations, Municipal Councils, and Nagar
Panchayats.
2. Direct Elections and Reservation:
- Introduced direct elections for mayors and chairpersons of
municipalities.
- Reserved seats for SCs, STs, and women to ensure inclusive urban
governance.
3. Wider Powers for ULBs:
- Provided ULBs with powers to plan and implement economic
development programs, public health, and urban infrastructure projects.
4. Formation of District Planning Committees:
- Mandated the formation of District Planning Committees to consolidate
plans prepared by Municipalities and Panchayats in the district.
Local Self Government Institutions
In India, local self-government institutions play a crucial role in
decentralized governance and grassroots democracy. The Constitution of
India provides for a three-tier system of local self-government, as
enshrined in the 73rd and 74th Amendments. These amendments were
added in 1992 and pertain to rural and urban local bodies, respectively.
1. Panchayati Raj Institutions (PRIs):
 Gram Panchayat:
- Basic rural local body.
- Headed by Sarpanch, elected by villagers.
Dept. of EEE, Indira Gandhi Polytechnic College, Perumbavoor
Indian Constitution
- Responsible for local administration, development projects, and social
welfare.
 Panchayat Samiti(Block Panchayat)
- Intermediate level in the Panchayati Raj system.
- Comprises elected members from Gram Panchayats within a block.
- Oversees planning and implementation of development programs.
 Zila Parishad (District Panchayat)
- District-level body overseeing multiple Panchayat Samitis.
- Members include elected representatives from Panchayat Samitis and
district-level officials.
- Plays a crucial role in district-level planning and development.
2. Urban Local Bodies (ULBs):
 Municipal Corporation:
- Governing body for large urban cities.
- Headed by a Mayor, elected by citizens.
- Manages municipal administration, services, and infrastructure.
 Municipal Council:
- For smaller urban areas.
- Headed by a Chairperson.
- Focus on local governance, development, and service delivery.
 Nagar Panchayat:
- Manages governance in small towns and urban areas.
- Smaller than Municipal Councils.
- Works on local development initiatives.
Functions and Responsibilities of Local Self Governments
 Local Governance:
- Formulation and implementation of local policies.
Dept. of EEE, Indira Gandhi Polytechnic College, Perumbavoor
Indian Constitution
- Decision-making on local issues and development projects.
 Developmental Planning:
- Preparation of plans for economic and social development at the
grassroots level.
- Implementation of welfare schemes and development programs.
 Resource Mobilization:
- Collection of local taxes and fees.
- Utilization of funds for local development projects.
 Social Justice:
- Promotion of social equity and justice.
- Inclusive development and upliftment of marginalized communities.
 Empowerment and Decentralization:
- Aimed at decentralizing power and decision-making.
- Empowers local communities to actively participate in governance and
development.
Dept. of EEE, Indira Gandhi Polytechnic College, Perumbavoor
Indian Constitution
Constitutional and Statutory Bodies in India
1. Election Commission of India:
Established under Article 324 of the Constitution of India.
The Election Commission comprises of
1. Chief Election Commissioner (CEC):

The Election Commission is headed by the Chief Election
Commissioner (CEC).

The Chief Election Commissioner is appointed by the President
of India.

The CEC can serve for a fixed term or until the age of 65,
whichever is earlier.
2. Election Commissioners:

The Election Commission can have additional Election
Commissioners, but the actual number may vary.

Election Commissioners are also appointed by the President of
India.

Similar to the CEC, Election Commissioners can serve for a
fixed term or until the age of 65, whichever is earlier.
 Roles and Responsibilities:
- Conducts free and fair elections to the Parliament, State Legislatures,
and the offices of the President and Vice President.
- Delimitation of constituencies.
- Supervises the election machinery at various levels.
- Operates independently of the government.
- Decisions are binding and final.
Dept. of EEE, Indira Gandhi Polytechnic College, Perumbavoor
Indian Constitution
2. National Human Rights Commission (NHRC):
Enacted under the Protection of Human Rights Act, 1993.
 Roles and Responsibilities:
- Protects and promotes human rights in India.
- Investigates complaints of human rights violations and can intervene in
legal proceedings.
- Promotes research and awareness on human rights issues.
-Empowered to function independently, ensuring impartiality and
effectiveness
 Composition:
- Comprises a Chairperson and members, including representatives from
diverse fields like law, public service, and social work.
3. Lokayukta:
The concept of Lokayukta is provided in the Constitution, and various
states have enacted Lokayukta Acts.
 Roles and Responsibilities:
- Investigates allegations of corruption against public officials, including
the Chief Minister and Ministers.
- Promotes transparency and accountability in governance.
- Recommends corrective action or prosecution based on investigation
findings.
 Composition:
- Typically headed by a retired judge or an eminent jurist, along with
other members.
Dept. of EEE, Indira Gandhi Polytechnic College, Perumbavoor
Indian Constitution
The Right to Information Act, 2005
The Right to Information Act, 2005 is an Indian legislation that
empowers citizens to seek information from public authorities. The Act was
enacted with the aim of promoting transparency and accountability in the
functioning of government agencies. Here are the key details of the Right to
Information Act, 2005:
1. Objective:
- The primary objective of the RTI Act is to empower citizens by providing
them the right to access information held by public authorities.
2. Applicability:
- The Act is applicable to the whole of India and covers all states and
Union territories. It is applicable to all constitutional authorities,
government departments, and bodies owned, controlled, or substantially
financed by the government.
3. Public Authorities:
- The Act applies to a wide range of public authorities, including
government departments, ministries, public sector undertakings, local
bodies, and any other institution or organization established, funded, or
controlled by the government.
4. Information Covered:
- Citizens can request information on any matter or record that is held by
or under the control of any public authority. This includes documents,
records, emails, opinions, advice, press releases, and any other material.
5. Exceptions:
- While the Act promotes transparency, it also recognizes certain
exemptions to the right to information. Information that falls under certain
categories, such as national security, personal privacy, and third-party
confidential information, may be exempt from disclosure.
6. Right to Information Commission:
- The Act establishes Information Commissions at the central and state
levels to oversee the implementation of the Act and adjudicate on appeals
and complaints. The Central Information Commission (CIC) handles
matters related to the central government, while State Information
Commissions (SICs) handle state-level issues.
Dept. of EEE, Indira Gandhi Polytechnic College, Perumbavoor
Indian Constitution
7. Application Process:
- Any citizen of India can request information by submitting a written
application to the designated Public Information Officer (PIO) of the
concerned public authority. The application can be submitted in English,
Hindi, or the official language of the area.
8. Timeframe for Response:
- The public authority is required to provide the information within 30
days of receiving the request. In cases where the information concerns the
life or liberty of a person, it must be provided within 48 hours.
9. Appeals and Complaints:
- If the information is not provided or if the applicant is dissatisfied with
the response, they can file an appeal with the first appellate authority
within the public authority. If not satisfied with the first appeal, further
appeals can be made to the Information Commission.
10. Penalties:
- The Act includes provisions for penalties in case of non-compliance or
deliberate withholding of information. The penalties may include fines and
disciplinary action against the responsible officials.
The Right to Information Act, 2005, has played a crucial role in
promoting transparency, accountability, and good governance in India by
giving citizens the tools to access information and hold public authorities
accountable for their actions.
Dept. of EEE, Indira Gandhi Polytechnic College, Perumbavoor
Indian Constitution
Right to Education Act 2009
The Right of Children to Free and Compulsory Education Act,
commonly known as the Right to Education (RTE) Act, was enacted by the
Parliament of India in 2009. The primary aim of the RTE Act is to provide
free and compulsory education to all children between the ages of 6 and 14
in India. The Act came into effect on April 1, 2010.
Key provisions of the Right to Education Act 2009:
1. Free and Compulsory Education:
The Act mandates that every child in the age group of 6 to 14 years has the
right to free and compulsory education in a neighborhood school until the
completion of elementary education.
2. Infrastructure and Teacher Requirements:
The Act outlines certain norms and standards for school infrastructure,
including the number of classrooms, teachers, and other facilities. It also
specifies the pupil-teacher ratio.
3. Admission and Attendance:
The Act prohibits the denial of admission to any child and ensures that no
child is turned away from school for reasons such as caste, religion, gender,
or disability. It emphasizes regular attendance and the completion of
elementary education.
4. Quality of Education:
The RTE Act focuses on improving the quality of education by specifying
certain teacher-student ratios, teacher qualifications, and other norms. It
also aims to provide an inclusive education for children with disabilities.
5. Financial Responsibilities:
The central and state governments share the financial responsibilities for
implementing the provisions of the Act. The government is responsible for
ensuring the availability of funds and resources to fulfill the requirements
outlined in the Act.
Dept. of EEE, Indira Gandhi Polytechnic College, Perumbavoor
Indian Constitution
6. Non-Discrimination:
The Act prohibits discrimination against children on the basis of their
social, economic, and cultural backgrounds. It aims to promote a more
inclusive and equitable education system.
7. Monitoring and Grievance Redressal:
The Act establishes mechanisms for monitoring the implementation of its
provisions and for addressing grievances related to the right to education.
The RTE Act is a landmark legislation that reflects India's
commitment to providing education as a fundamental right for all children.
However, its effective implementation has faced challenges, including
issues related to infrastructure, teacher shortages, and resource allocation.
Over the years, there have been discussions and efforts to address these
challenges and strengthen the education system in the country.
Dept. of EEE, Indira Gandhi Polytechnic College, Perumbavoor